Composition of Board
1
Membership of Board; appointing authority; compensation and travel expenses; compensation for non-Government Board members
section 3617 of this titlesection 5316 of title 5The 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 , 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 , 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.
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, § 110293 Stat. 456Pub. L. 98–21798 Stat. 9Pub. L. 99–223, § 699 Stat. 1740Pub. L. 100–203, title V, § 5416101 Stat. 1330–270Pub. L. 100–705, § 7102 Stat. 4686Pub. L. 101–510, div. C, title XXXV, § 3504104 Stat. 1846Pub. L. 104–106, div. C, title XXXV, § 3523110 Stat. 638Pub. L. 105–261, div. C, title XXXV, § 3511(a)112 Stat. 2270(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 105–2611998—Subsec. (a). 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”.
Pub. L. 104–1061996—Subsec. (a). 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.”
Pub. L. 101–5101990—Subsec. (b). substituted “level V of the Executive Schedule under section 5316” for “grade GS–18 of the General Schedule under section 5332”.
Pub. L. 100–7051988—Subsec. (c). struck out after third sentence “Only one proxy may be valid at any one time.”
Pub. L. 100–2031987—Subsec. (b). inserted before period at end “or, as authorized by the Chairman of the Board, while on official Panama Canal Commission business”.
Pub. L. 99–2231985—Subsec. (b). 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.
Pub. L. 98–2171984—Subsec. (c). 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, § 10102 Stat. 4687
Effective Date of 1985 Amendment
Pub. L. 99–223, § 899 Stat. 1740