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46 U.S.C. § 40705 — Presidential review of Commission orders

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 141 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission must send certain orders to the President right away. Within 10 days, the President can ask to pause an order. The Commission must grant that, and the President then tries to negotiate a fix.

(a) Transmission to President: Whenever the Commission issues an order suspending a rate or finally banning one under section 40704, it must send that order to the President at the same time it's published. (b) Presidential Request and Commission Action: Within 10 days of receiving the order (or of its effective date), the President can write to ask the Commission to stay (pause) the order, if the President finds the stay necessary for national defense or foreign policy reasons -- and must state those reasons in the request. The Commission must immediately grant the request, issuing an order describing the President's request. While the stay is in effect, the President must, whenever practical, try to resolve the underlying issue by negotiating with the relevant foreign government.
the actual law source: uscode.house.gov ↗public domain
(a)Transmission to President.—

The Federal Maritime Commission shall transmit to the President, concurrently with publication thereof, each order of suspension or final order of prohibition issued under section 40704 of this title.

(b)Presidential Request and Commission Action.—

Within 10 days after receipt or the effective date of a Commission order referred to in subsection (a), the President, in writing, may request the Commission to stay the effect of the order if the President finds that the stay is required for reasons of national defense or foreign policy. The reasons shall be specified in the request. The Commission shall immediately grant the request by issuing an order in which the President’s request shall be described. During a stay, the President shall, whenever practicable, attempt to resolve the matter by negotiating with representatives of the applicable foreign governments.

Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1537.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1537

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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