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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§3612 Supervisory Board

Title 22 › Chapter 51— PANAMA CANAL › Subchapter I— ADMINISTRATION AND REGULATIONS › Part 1— Panama Canal Commission › § 3612

Last updated Apr 5, 2026|Official source

Summary

The Commission is supervised by a Board of nine members. One member must be an officer of the Department of Defense, chosen by the Secretary of Defense, and that person can only stay on the Board while still a Defense officer. At least five members must be U.S. nationals and the rest must be nationals of the Republic of Panama. Three of the U.S. nationals must not hold any other U.S. government job so they can be independent. U.S. national members must cast their votes as directed by the Department of Defense officer designated by the Secretary of Defense. The President appoints the Board. U.S. national members must be appointed with the Senate’s advice and consent. Members serve at the pleasure of the President and must take an oath before starting. They get no regular pay but are allowed travel expenses under section 3617. Members who have no other paid government job may be paid each day they travel or attend meetings at the daily equivalent of the annual rate for level V of the Executive Schedule under section 5316 of title 5. The Board meets under rules the Commission makes and the Secretary of Defense approves. A quorum is a majority of members, and a majority of those present must be U.S. nationals. The Secretary of Defense, or the designated Defense officer, may act by written proxy for another member; that proxy counts for quorum and lets the Secretary or officer cast the absent member’s vote and exercise that member’s powers.

Full Legal Text

Title 22, §3612

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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 11 So in original. officer of the Department of Defense designated by the Secretary of Defense to be a member of the Board.
(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 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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment 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 section 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 Pub. L. 99–223, § 8, Dec. 28, 1985, 99 Stat. 1740, provided that: “section 5 and section 6 of the Act [enacting section 3650 of this title and amending this section and section 3647 and 3731 of this title] shall be effective as of October 1, 1985.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 3612

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60