22 U.S.C. § 3784 — Transfer of property to Republic of Pan-

Page 1411 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3792 § 3784. Transfer of property to Republic of Pan- ama (a) Conveyance of Panama Railroad (1) On October 1, 1979, the Secretary of State may convey to the Republic of Panama the Pan- ama Railroad and such property located in the area which, immediately before such date, com- prised the Canal Zone and which is not within the land and water areas the use of which is made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements. (2) Property transferred pursuant to paragraph (1) of this subsection may not include buildings and other facilities, except housing, located out- side such areas, the use of which is retained by the United States pursuant to the Panama Canal Treaty of 1977 and related agreements. (b) Transfer of certain property pursuant to Pan- ama Canal Treaty of 1977; report to Congress With respect to the transfer of all other prop- erty (not described in subsection (a)(1) of this section) to be transferred in accordance with the terms of the Panama Canal Treaty of 1977 and related agreements, the Secretary of State may convey such property from time to time in ac- cordance with the terms of such Treaty and re- lated agreements. Before the transfer of any such property, the President must submit a written report to the Congress— (1) precisely identifying and describing the particular property to be transferred; (2) certifying the state of compliance by the Republic of Panama with such Treaty and re- lated agreements; and (3) setting forth the reasons for the convey- ance being made at the particular time. (c) Restriction on transfer of Panama Canal and certain other property The Panama Canal, and such other property referred to in paragraph 2(d) of Article XIII of the Panama Canal Treaty of 1977 that has not been previously transferred in accordance with paragraphs 2(a), 2(b), and 2(c) of such Article, shall not be transferred to the Republic of Pan- ama prior to December 31, 1999. (Pub. L. 96–70, title I, § 1504, Sept. 27, 1979, 93 Stat. 488; Pub. L. 99–223, § 7, Dec. 28, 1985, 99 Stat. 1740.) Editorial Notes AMENDMENTS 1985—Subsec. (b). Pub. L. 99–223 substituted ‘‘Before’’ for ‘‘At least 180 days before’’. Executive Documents DELEGATION OF FUNCTIONS Functions vested in President by subsec. (b) dele- gated to Secretary of State, see section 1–402 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under section 3601 of this title. PART 6—TOLLS FOR USE OF PANAMA CANAL § 3791. Prescription of measurement rules and rates of tolls The Commission may, subject to the provi- sions of this chapter, prescribe and from time to time change— (1) the rules for the measurement of vessels for the Panama Canal; and (2) the tolls that shall be levied for use of the Panama Canal. (Pub. L. 96–70, title I, § 1601, Sept. 27, 1979, 93 Stat. 489; Pub. L. 104–106, div. C, title XXXV, § 3527, Feb. 10, 1996, 110 Stat. 641.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–70, Sept. 27, 1979, 93 Stat. 452, known as the Panama Canal Act of 1979, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 1996—Pub. L. 104–106 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘(a) The President is authorized, subject to the provi- sions of this part, to prescribe and from time to time change— ‘‘(1) the rules for the measurement of vessels for the Panama Canal; and ‘‘(2) the tolls that shall be levied for the use of the Canal. ‘‘(b) Such rules of measurement and tolls prevailing on October 1, 1979, shall continue in effect until changed as provided in this part.’’ § 3792. Bases of tolls (a) Tolls based on net vessel tons and on dis- placement tonnage Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, and supply ships shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity, or its equivalent, determined in ac- cordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo. Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the pre- ceding provisions of this subsection. (b) Toll rates prescribed to cover all costs of op- eration and maintenance of Panama Canal Tolls shall be prescribed at rates calculated to produce revenues to cover as nearly as prac- ticable all costs of maintaining and operating the Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title), to- gether with the facilities and appurtenances re- lated thereto, including unrecovered costs in- curred on or after October 1, 1979, interest, de- preciation, working capital, payments to the Republic of Panama pursuant to paragraph 5 of Article III and paragraph 4(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and capital for plant replacement, expansion, and improvements. Tolls shall not be prescribed at rates calculated to produce revenues sufficient to cover payments to the Republic of Panama