§ 3794. Procedures

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. 1979

   Panama Canal Act of 1979

   Pub. L. 96–70 title I § 1604 · 93 Stat. 452

   Enacted · 22 U.S.C. § 3794

   Pub. L. 96–70, title I, § 1604, Sept. 27, 1979, 93 Stat. 490

   Source evidence

   Code source credit
   Pub. L. 96–70, title I, § 1604, Sept. 27, 1979, 93 Stat. 490

   Enacted provision · exact public law section
   Sec. 1604. procedures (a) The Commission shall publish in the Federal Register notice of any proposed change in the rules of measurement or rates of tolls referred to in section 1601(a) of this Act. The Commission shall give interested parties an opportunity to participate in the proceedings through submission, of written data, views, or arguments, and participation in a public hearing to be held not less than 30 days after the date of publication of the notice. The notice shall include the substance of the proposed change and a statement of the time, place, and nature of the proceedings. At the time of publication of such notice, the Commission shall make available to the public an analysis showing the basis and justification for the proposed change, which, in the case of a change in rates of tolls, shall indicate the conformity of the existing and proposed rates of tolls with the requirements of section 1602 of this Act, and the Commission’s adherence to the requirement for full consideration of the following factors set forth in Understanding (1) incorporated in the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal (adopted by the United States Senate on March 16, 1978): (1) the costs of operating and maintaining the Panama Canal; (2) the competitive position of the use of the Canal in relation to other means of transportation; (3) the interests of the United States and the Republic of Panama in maintaining their domestic fleets; (4) the impact of such a change in rates of tolls on the various geographical areas of each of the two countries; and (5) the interests of both countries in maximizing their international commerce. (b) After consideration of the relevant matter presented, the Publication in Federal Register. Commission may revise the proposed rules of measurement or rates of tolls, as the case may be, except that, in the case of rates of tolls, if such revision proposes rates greater than those originally proposed, a new analysis of the proposed rates shall be made available to the public, and a new notice of the revised proposal shall be published in the Federal Register apprising interested persons of the opportunity to participate further in the proceedings through submission of written data, views, or arguments, and participation in a public hearing to be held not less than 30 days after the date of publication of the new notice. The procedure set forth in this subsection shall be followed for any subsequent revision of the proposed rates of tolls by the Commission which proposes rates higher than those in the preceding proposal. (c) After the proceedings have been conducted pursuant to subsections Publication in Federal Register. (a) and (b) of this section, the Commission shall publish in the Federal Register a notice of the changes in the rules of measurement or rates of tolls, as the case may be, to be recommended to the President. (d) Upon publication of the notice pursuant to subsection (c) of this Recommendations to President. section, the Commission shall forward a complete record of the proceedings, with the recommendation of the Commission, to the President for his consideration. The President may approve, disapprove, or modify any or all of the changes in the rules of measurement or rates of tolls recommended by the Commission. (e) Rules of measurement or rates of tolls prescribed by the Effective date. President pursuant to this chapter shall take effect on a date prescribed by the President which is not less than 30 days after the President publishes such rules or rates in the Federal Register. (f) Action to change the rules of measurement for the Panama Canal or the rates of tolls for the use of the Canal pursuant to this chapter shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. 5 USC 701 et seq.

2. 1996

   Panama Canal Amendments Act of 1995

   Pub. L. 104–106 § 3528(1) · 110 Stat. 186

   Substituted · 22 U.S.C. § 3794(a)

   Pub. L. 104–106, § 3528(1), substituted “3791” for “3791(a)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 3528(1), substituted “3791” for “3791(a)”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “1601(a)” in the first sentence and inserting in lieu thereof “1601”;

3. 1996

   Panama Canal Amendments Act of 1995

   Pub. L. 104–106 § 3528(2) · 110 Stat. 186

   Amended · 22 U.S.C. § 3794(c)

   Pub. L. 104–106, § 3528(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “After the proceedings have been conducted pursuant to subsections (a) and (b) of this section, the Commission shall publish in the Federal Register a notice of the changes in the rules of measurement or rates of tolls, as the case may be, to be recommended to the President.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 3528(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “After the proceedings have been conducted pursuant to subsections (a) and (b) of this section, the Commission shall publish in the Federal Register a notice of the changes in the rules of measurement or rates of tolls, as the case may be, to be recommended to the President.”

   Enacted provision · exact public law section
   (2) by striking out subsection (c) and inserting in lieu thereof the following new subsection (c): “(c) After the proceedings have been conducted pursuant to Federal Register, publication. subsections (a) and (b), the Commission may change the rules of measurement or rates of tolls, as the case may be. The Commission shall publish notice of any such change in the Federal Register not less than 30 days before the effective date of the change.”; and

4. 1996

   Panama Canal Amendments Act of 1995

   Pub. L. 104–106 § 3528(3) · 110 Stat. 186

   1. Redesignated · 22 U.S.C. § 3794(d)

      Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d)

   2. Struck · 22 U.S.C. § 3794(d)

      Pub. L. 104–106, § 3528(3), struck out former subsec. (d) which read as follows: “Upon publication of the notice pursuant to subsection (c) of this section, the Commission shall forward a complete record of the proceedings, with the recommendation of the Commission, to the President for his consideration. The President may approve, disapprove, or modify any or all of the changes in the rules of measurement or rates of tolls recommended by the Commission.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Upon publication of the notice pursuant to subsection (c) of this section, the Commission shall forward a complete record of the proceedings, with the recommendation of the Commission, to the President for his consideration. The President may approve, disapprove, or modify any or all of the changes in the rules of measurement or rates of tolls recommended by the Commission.”

   Enacted provision · exact public law section
   (3) by striking out subsections (d) and (e) and redesignating subsection (f) as subsection (d).

5. 1996

   Panama Canal Amendments Act of 1995

   Pub. L. 104–106 § 3528(3) · 110 Stat. 186

   Struck · 22 U.S.C. § 3794(e)

   Pub. L. 104–106, § 3528(3), struck out subsec. (e) which read as follows: “Rules of measurement or rates of tolls prescribed by the President pursuant to this part shall take effect on a date prescribed by the President which is not less than 30 days after the President publishes such rules or rates in the Federal Register.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–106, § 3528(3), struck out subsec. (e) which read as follows: “Rules of measurement or rates of tolls prescribed by the President pursuant to this part shall take effect on a date prescribed by the President which is not less than 30 days after the President publishes such rules or rates in the Federal Register.”

   Enacted provision · exact public law section
   (3) by striking out subsections (d) and (e) and redesignating subsection (f) as subsection (d).

6. 1996

   Panama Canal Amendments Act of 1995

   Pub. L. 104–106 § 3528(3) · 110 Stat. 186

   Redesignated · 22 U.S.C. § 3794(f)

   Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–106, § 3528(3), redesignated subsec. (f) as (d).

   Enacted provision · exact public law section
   (3) by striking out subsections (d) and (e) and redesignating subsection (f) as subsection (d).

7 of 7 references resolved to an enrolled provision