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Title 22 — Foreign Relations and Intercourse

Part 1 · Chapter 51 — Panama Canal

§ 3612. Supervisory Board

Statutory text

(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.

(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.

Footnotes

  1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Panama Canal Act of 1979

    Pub. L. 96–70 title I § 1102 · 93 Stat. 452

    Enacted · 22 U.S.C. § 3612

    Pub. L. 96–70, title I, § 1102, Sept. 27, 1979, 93 Stat. 456

    Source evidence

    Code source credit
    Pub. L. 96–70, title I, § 1102, Sept. 27, 1979, 93 Stat. 456

    Enacted provision · exact public law section
    Sec. 1102. supervisory board (a) 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. (b) 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 Compensation, travel expenses. transportation expenses, including per diem in lieu of subsistence, in accordance with section 1107 of this Act. (c) 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 Quorum. majority of the Board members of which a majority of those present are nationals of the United States.

  2. Pub. L. 98–217 · 98 Stat. 9

    Inserted · 22 U.S.C. § 3612(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

    Source evidence

    Code amendment note
    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.

  3. Panama Canal Commission Authorization Act, Fiscal Year 1986

    Pub. L. 99–223 § 6 · 99 Stat. 1738

    Inserted · 22 U.S.C. § 3612(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 6. COMPENSATION FOR NON-GOVERNMENT BOARD MEMBERS. Section 1102(b) of the Panama Canal Act of 1979 (22 U.S.C. 3612(b)) is amended in the last sentence by inserting immediately before the period at the end thereof the following: 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 grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, 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”.

  4. Pub. L. 100–203 title V § 5416 · 101 Stat. 1330

    Inserted · 22 U.S.C. § 3612(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 5416. COMPENSATION OF BOARD MEMBERS. Section 11020)) (22 U.S.C. 3612(b)) is amended by inserting before the period at the end thereof the following: “or, as authorized by the Chairman of the Board, while on 7979Copy read “an”. official Panama Canal Commission business”.

  5. Panama Canal Commission Compensation Fund Act of 1988

    Pub. L. 100–705 § 7 · 102 Stat. 4685

    Struck · 22 U.S.C. § 3612(c)

    Pub. L. 100–705 struck out after third sentence “Only one proxy may be valid at any one time.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–705 struck out after third sentence “Only one proxy may be valid at any one time.”

    Enacted provision · exact public law section
    SEC. 7. PROXIES. Section 1102(c) of the Panama Canal Act of 1979 (22 U.S.C. 3612(c)), is amended by striking out “Only one proxy may be valid at any one time.”.

    Effective date note
    Pub. L. 100–705, § 10, Nov. 19, 1988, 102 Stat. 4687, 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.”

  6. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. C title XXXV § 3504 · 104 Stat. 1485

    Substituted · 22 U.S.C. § 3612(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 3504. COMPENSATION FOR BOARD MEMBERS Section 1102(b) of the Panama Canal Act of 1979 (22 U.S.C. 3612(b)) is amended by striking “grade GS-18 of the General Schedule under section 5332” in the last sentence and inserting “level V of the Executive Schedule under section 5316”.

  7. Panama Canal Amendments Act of 1995

    Pub. L. 104–106 div. C title XXXV § 3523 · 110 Stat. 186

    1. Added · 22 U.S.C. § 3612(a)

      Pub. L. 104–106 added subsec. (a)

    2. Struck · 22 U.S.C. § 3612(a)

      Pub. L. 104–106 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 3523. SUPERVISORY BOARD. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by striking out so much as precedes subsection (b) and inserting in lieu thereof the following: “Sec. 1102. “supervisory board (a) 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 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 Secretary of Defense or a designee of the Secretary of Defense.”.

  8. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. C title XXXV § 3511(a) · 112 Stat. 1920

    1. Substituted · 22 U.S.C. § 3612(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.”

    2. Substituted · 22 U.S.C. § 3612(a)

      Pub. L. 105–261 substituted “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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Authority.— Section 1102(a) (22 U.S.C. 3612(a)) is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: “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.”; and (2) in the last sentence, by striking out “Secretary of Defense or a designee of the Secretary of Defense” and inserting in lieu thereof “the officer of the Department of Defense designated by the Secretary of Defense to be a member of the Board”.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1984–1998 · 7 rounds

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.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–705, § 10, , 102 Stat. 4687, 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 .”

Effective Date of 1985 Amendment

Pub. L. 99–223, § 8, , 99 Stat. 1740, 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 .”

Credits

1979–1998 · 8 acts
  1. 1979Pub. L. 96–70, title I, § 1102, , 93 Stat. 456
  2. 1984Pub. L. 98–217, , 98 Stat. 9
  3. 1985Pub. L. 99–223, § 6, , 99 Stat. 1740
  4. 1987Pub. L. 100–203, title V, § 5416, , 101 Stat. 1330–270
  5. 1988Pub. L. 100–705, § 7, , 102 Stat. 4686
  6. 1990Pub. L. 101–510, div. C, title XXXV, § 3504, , 104 Stat. 1846
  7. 1996Pub. L. 104–106, div. C, title XXXV, § 3523, , 110 Stat. 638
  8. 1998Pub. L. 105–261, div. C, title XXXV, § 3511(a), , 112 Stat. 2270.
Show as published

(Pub. L. 96–70, title I, § 1102, , 93 Stat. 456; Pub. L. 98–217, , 98 Stat. 9; Pub. L. 99–223, § 6, , 99 Stat. 1740; Pub. L. 100–203, title V, § 5416, , 101 Stat. 1330–270; Pub. L. 100–705, § 7, , 102 Stat. 4686; Pub. L. 101–510, div. C, title XXXV, § 3504, , 104 Stat. 1846; Pub. L. 104–106, div. C, title XXXV, § 3523, , 110 Stat. 638; Pub. L. 105–261, div. C, title XXXV, § 3511(a), , 112 Stat. 2270.)

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