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22 U.S.C. § 3612b — Supervisory Board

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3612b — Supervisory Board

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Stable record: federal_law:legal_authorities:record_usc_2a8b4ee9b51693f09bdcdeea
Source file: Laws/federal/codes/united-states-code/title-22/section-3612b-supervisory-board--fe41a4199e.md
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Source location: Title 22, Chapter 51, § 3612b; chapter-051-panama-canal.md

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**(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 11 So in original. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3617&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5316&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3617 — Consultative Committee

**(a) Designation and coordination** The President shall designate, and the Secretary of State shall coordinate the participation of, representatives of the United States to the Consultative Committee to be established under paragraph 7 of Article III of the Panama Canal Treaty of 1977. **(b) Functions** The Consultative Committee shall function as a diplomatic forum for the exchange of views between the United States and the Republic of Panama. The Committee shall advise the United States Government and the Government of the Republic of Panama on matters of policy affecting the operation of the Panama Canal. The Committee shall have no authority to direct the Commission or any other department or agency of the United States to initiate or withhold action.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3650 — Privileges and immunities of certain employees

The Secretary of Defense shall designate those officers and employees of the Commission and other individuals entitled to the privileges and immunities accorded under paragraph 3 of Article VIII of the Panama Canal Treaty of 1977. The Department of State shall furnish to the Republic of Panama a list of the names of such officers, employees, and other individuals and shall notify the Republic of Panama of any subsequent additions to or deletions from the list.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3601 — Notification requirements

The Panama Canal Commission shall provide written advance notification to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Armed Services of the Senate regarding— (1) any proposed change in the rates of tolls for use of the Panama Canal; (2) any payment estimated to be due the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, as provided by [section 3751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3751&num=0&edition=prelim); and (3) the initiation of any major capital acquisition or construction project exceeding $10,000,000 unless the proposed acquisition or project was included in the budget estimates submitted to Congress for the fiscal year in which the acquisition or project is to be undertaken.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3613 — General powers of Commission

**(a) Corporate seal** The Commission may adopt, alter, and use a corporate seal, which shall be judicially noticed. **(b) Bylaws** The Commission may by action of the Board of Directors adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law. **(c) Suits by and against Commission** The Commission may sue and be sued in its corporate name, except that— (1) the amenability of the Commission to suit is limited by Article VIII of the Panama Canal Treaty of 1977, [section 3761 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3761&num=0&edition=prelim), and otherwise by law; (2) an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Commission to its employees except as provided by [section 5520a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5520a&num=0&edition=prelim) and sections 659, 661, and 662 11 See References in Text note below. of title 42, or as otherwise specifically authorized by the laws of the United States; and (3) the Commission is exempt from the payment of interest on claims and judgments. **(d) Contracts, leases, agreements, or other transactions** The Commission may enter into contracts, leases, agreements, or other transactions. **(e) Obligations and expenditures** The Commission— (1) may determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid; and (2) may incur, allow, and pay its obligations and expenditures, subject to pertinent provisions of law generally applicable to Government corporations. **(f) Priority in pay

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3612b — Specific powers of Commission

Page 1376 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3612b (g) Appointment of notaries public (1) The Commission may appoint any United States citizen to have the general powers of a notary public to perform, on behalf of Commis- sion employees and their dependents outside the United States, any notarial act that a notary public is required or authorized to perform with- in the United States. Unless an earlier expira- tion is provided by the terms of the appoint- ment, any such appointment shall expire three months after the Canal Transfer Date. (2) Every notarial act performed by a person acting as a notary under paragraph (1) shall be as valid, and of like force and effect within the United States, as if executed by or before a duly authorized and competent notary public in the United States. (3) The signature of any person acting as a no- tary under paragraph (1), when it appears with the title of that person’s office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act. (h) Limitations on authority The authority of the Commission under this section and section 3612b of this title is subject to the Panama Canal Treaty of 1977 and related agreements, and to chapter 91 of title 31. (Pub. L. 96–70, title I, § 1102a, as added Pub. L. 104–106, div. C, title XXXV, § 3524(a), Feb. 10, 1996, 110 Stat. 639; amended Pub. L. 105–85, div. C, title XXXV, §§ 3546, 3550(d)(3), Nov. 18, 1997, 111 Stat. 2073, 2074.) Editorial Notes REFERENCES IN TEXT Sections 661 and 662 of title 42, referred to in subsec. (c)(2), were repealed by Pub. L. 104–193, title III, § 362(b)(1), Aug. 22, 1994, 110 Stat. 2246. AMENDMENTS 1997—Subsec. (g). Pub. L. 105–8

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