
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3612]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                     Part 1--Panama Canal Commission
 
Sec. 3612. Supervisory Board


(a) Composition of Board

    The Commission shall be supervised by a Board composed of nine 
members, one of whom shall be an officer of the Department of Defense. 
The officer of the Department of Defense who shall serve on the Board 
shall be designated by the Secretary of Defense and may continue to 
serve on the Board only while continuing to serve as an officer of the 
Department of Defense. Not less than five members of the Board shall be 
nationals of the United States and the remaining members of the Board 
shall be nationals of the Republic of Panama. Three members of the Board 
who are nationals of the United States shall hold no other office in, 
and shall not be employed by, the Government of the United States, and 
shall be chosen for the independent perspective they can bring to the 
Commission's affairs. Members of the Board who are nationals of the 
United States shall cast their votes as directed by the the \1\ officer 
of the Department of Defense designated by the Secretary of Defense to 
be a member of the Board.
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    \1\ So in original.
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(b) Membership of Board; appointing authority; compensation and travel 
        expenses; compensation for non-Government Board members

    The President shall appoint the members of the Board. The members of 
the Board who are United States nationals shall be appointed by and with 
the advice and consent of the Senate. Each member of the Board shall 
hold office at the pleasure of the President and, before assuming the 
duties of such office, shall take an oath to discharge faithfully the 
duties of his office. Members of the Board shall serve without 
compensation but shall be allowed travel or transportation expenses, 
including per diem in lieu of subsistence, in accordance with section 
3617 of this title, except that, in addition to such travel or 
transportation expenses, members of the Board who hold no other office 
with either the Government of the United States or the Republic of 
Panama for which they receive pay are authorized to be compensated at 
the daily equivalent of the annual rate of basic pay in effect for level 
V of the Executive Schedule under section 5316 of title 5, for each day 
during which they are traveling to or from or attending meetings of the 
Board as provided in subsection (c) of this section or, as authorized by 
the Chairman of the Board, while on official Panama Canal Commission 
business.

(c) Meetings; quorum; proxies

    The Board shall hold meetings as provided in regulations adopted by 
the Commission and approved by the Secretary of Defense. A quorum for 
the transaction of business shall consist of a majority of the Board 
members of which a majority of those present are nationals of the United 
States. The Secretary of Defense, or the officer of the Department of 
Defense designated by the Secretary under subsection (a) of this 
section, may act by proxy for any other member of the Board if that 
other member authorizes the proxy in writing and signs the proxy. The 
proxy may be counted to establish a quorum and may be used by the 
Secretary of Defense, or the officer of the Department of Defense 
designated by the Secretary under subsection (a) of this section, to 
cast the vote of the absent Board member and to act for that member with 
all the powers that member would possess if present.

(Pub. L. 96-70, title I, Sec. 1102, Sept. 27, 1979, 93 Stat. 456; Pub. 
L. 98-217, Feb. 14, 1984, 98 Stat. 9; Pub. L. 99-223, Sec. 6, Dec. 28, 
1985, 99 Stat. 1740; Pub. L. 100-203, title V, Sec. 5416, Dec. 22, 1987, 
101 Stat. 1330-270; Pub. L. 100-705, Sec. 7, Nov. 19, 1988, 102 Stat. 
4686; Pub. L. 101-510, div. C, title XXXV, Sec. 3504, Nov. 5, 1990, 104 
Stat. 1846; Pub. L. 104-106, div. C, title XXXV, Sec. 3523, Feb. 10, 
1996, 110 Stat. 638; Pub. L. 105-261, div. C, title XXXV, Sec. 3511(a), 
Oct. 17, 1998, 112 Stat. 2270.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261 substituted ``The Commission 
shall be supervised by a Board composed of nine members, one of whom 
shall be an officer of the Department of Defense. The officer of the 
Department of Defense who shall serve on the Board shall be designated 
by the Secretary of Defense and may continue to serve on the Board only 
while continuing to serve as an officer of the Department of Defense.'' 
for ``The Commission shall be supervised by a Board composed of nine 
members, one of whom shall be the Secretary of Defense or an officer of 
the Department of Defense designated by the Secretary.'' and ``the 
officer of the Department of Defense designated by the Secretary of 
Defense to be a member of the Board'' for ``Secretary of Defense or a 
designee of the Secretary of Defense''.
    1996--Subsec. (a). Pub. L. 104-106 added subsec. (a) and struck out 
former subsec. (a) which read as follows: ``The Commission shall be 
supervised by a Board composed of nine members, one of whom shall be the 
Secretary of Defense or an officer of the Department of Defense 
designated by the Secretary. Not less than five members of the Board 
shall be nationals of the United States and the remaining members shall 
be nationals of the Republic of Panama. At least one of the members of 
the Board who are nationals of the United States shall be experienced 
and knowledgeable in the management or operation of an American-flag 
steamship line which has or had ships regularly transiting the Panama 
Canal, at least one other such member shall be experienced and 
knowledgeable in United States port operations or in the business of 
exporting or importing one of the regular commodities dependent on the 
Panama Canal as a transportation route, and at least one other such 
member shall be experienced and knowledgeable in labor matters in the 
United States. Three members of the Board shall hold no other office in 
or be employed by the Government of the United States. Members of the 
Board who are nationals of the United States shall cast their votes as 
directed by the Secretary of Defense or his designee.''
    1990--Subsec. (b). Pub. L. 101-510 substituted ``level V of the 
Executive Schedule under section 5316'' for ``grade GS-18 of the General 
Schedule under section 5332''.
    1988--Subsec. (c). Pub. L. 100-705 struck out after third sentence 
``Only one proxy may be valid at any one time.''
    1987--Subsec. (b). Pub. L. 100-203 inserted before period at end 
``or, as authorized by the Chairman of the Board, while on official 
Panama Canal Commission business''.
    1985--Subsec. (b). Pub. L. 99-223 inserted provisions relating to 
compensation of members of the Board who hold no other office with 
either the Government of the United States or the Republic of Panama for 
which they receive pay.
    1984--Subsec. (c). Pub. L. 98-217 inserted provisions under which 
the Secretary of Defense or the officer of the Department of Defense 
designated by the Secretary may act by proxy for other members of the 
Board.


                    Effective Date of 1988 Amendment

    Section 10 of Pub. L. 100-705 provided that: ``This Act [enacting 
sections 3715 to 3715d of this title, amending this section and sections 
3712 and 3731 of this title, and enacting provisions set out as a note 
under section 3601 of this title] takes effect on October 1, 1988.''


                    Effective Date of 1985 Amendment

    Section 8 of Pub. L. 99-223 provided that: ``Section 5 and section 6 
of the Act [enacting section 3650 of this title and amending this 
section and sections 3647 and 3731 of this title] shall be effective as 
of October 1, 1985.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3714a, 3723 of this title.
