§3613 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must appoint the Commission’s Administrator with the Senate’s approval, and the person serves as long as the President wants. The Board sets the Administrator’s pay, but it cannot be higher than level III of the Executive Schedule. Congress agrees, under the 8th clause of Article I, Section 9 of the Constitution, that a person serving as Commission Administrator may also accept appointment from the Republic of Panama as Administrator of the Panama Canal Authority only if that person, while holding both jobs, receives no pay from Panama except for travel and entertainment expenses, including per diem. If Panama appoints the Commission Administrator before the Canal Transfer Date and that person accepts, then while they hold both posts several federal rules do not apply: the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), 18 U.S.C. 208(a) when a matter affects the Panama Canal Authority only because it would directly and predictably affect that Authority’s finances, 18 U.S.C. 203 and 205 for official acts as an agent or attorney for the Panama Canal Authority, and 5 U.S.C. 13143(a) and 13144(a)(4) for pay and service. Once their Commission appointment ends at noon on the Canal Transfer Date, 18 U.S.C. 207 does not apply to acts they performed carrying out duties as Administrator of the Panama Canal Authority.

Title 22, §3613

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(a)There shall be an Administrator of the Commission who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President.

(b)The Administrator shall be paid compensation in an amount, established by the Board, not to exceed level III of the Executive Schedule.

(c)The Congress consents, for purposes of the 8th clause of article I, section 9 of the Constitution of the United States, to the acceptance by the individual serving as Administrator of the Commission of appointment by the Republic of Panama to the position of Administrator of the Panama Canal Authority. Such consent is effective only if that individual, while serving in both such positions, serves as Administrator of the Panama Canal Authority without compensation, except for payments by the Republic of Panama of travel and entertainment expenses, including per diem payments.

(d)If before the Canal Transfer Date the Republic of Panama appoints as the Administrator of the Panama Canal Authority the individual serving as the Administrator of the Commission and if that individual accepts the appointment—

(1)during any period during which that individual serves as both Administrator of the Commission and the Administrator of the Panama Canal Authority—

(A)the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), shall not apply to that individual with respect to service as the Administrator of the Panama Canal Authority;

(B)that individual, with respect to participation in any particular matter as the Administrator of the Panama Canal Commission, is not subject to section 208(a) of title 18, insofar as that section would otherwise apply to that matter only because the matter will have a direct and predictable effect on the financial interest of the Panama Canal Authority;

(C)that individual is not subject to section 203 and 205 of title 18, with respect to official acts performed as an agent or attorney for or otherwise representing the Panama Canal Authority; and

(D)that individual is not subject to section 13143(a) and 13144(a)(4) of title 5, with respect to compensation received for, and service in, the position of Administrator of the Panama Canal Authority; and

(2)effective upon termination of the individual’s appointment as Administrator of the Panama Canal Commission at noon on the Canal Transfer Date, that individual is not subject to section 207 of title 18, with respect to acts done in carrying out official duties as Administrator of the Panama Canal Authority.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Government Organization and Employees. The Foreign Agents Registration Act of 1938, referred to in subsec. (d)(1)(A), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 611 of this title and Tables.

Amendments

2022—Subsec. (d)(1)(D). Pub. L. 117–286 substituted “section 13143(a) and 13144(a)(4) of title 5,” for “section 501(a) and 502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C. App.),”. 1997—Subsecs. (c), (d). Pub. L. 105–85 added subsecs. (c) and (d). 1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: “There shall be an Administrator of the Commission, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President.”

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 104–201, div. C, title XXXV, § 3523(b), Sept. 23, 1996, 110 Stat. 2860, provided that: “Nothing in this section [amending this section] (or section 3549(3) [section 3549 of Pub. L. 104–201 did not contain a par. (3) and is not classified to the Code]) shall be considered to affect— “(1) the tenure of the individual serving as Administrator of the Commission on the day before subsection (a) takes effect [section 3523(a) of Pub. L. 104–201, effective Sept. 23, 1996]; or “(2) until modified under section 1103(b) of the Panama Canal Act of 1979 [subsec. (b) of this section], as amended by subsection (a), the compensation of the individual so serving.”

§3613 Administrator