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22 U.S.C. § 3771 — Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress enacts this section in the exercise of its authority under Article IV, section 3, clause 2 of the Constitution of the United States to dispose of and make necessary rules and regulations with respect to property of the United States.
**(b)** Prior to the transfer of property of the United States located in the Republic of Panama to the Republic of Panama pursuant to [section 3784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3784&num=0&edition=prelim) the President shall formally advise the Government of Panama that—
(1) in fulfilling its obligations under the Panama Canal Treaty of 1977, the United States shall make no payments to the Republic of Panama derived from tax revenues of the United States;
(2) the United States retains full discretion and authority to determine whether and the extent to which tax revenues of the United States may be expended in exercising United States rights and carrying out United States responsibilities under the Panama Canal Treaty of 1977 and related agreements;
(3) no tax revenues of the United States shall be made available for obligations and expenditure after October 1, 1979, for purposes of implementing the Panama Canal Treaty of 1977 and related agreements, unless hereafter specifically approved by the Congress through the authorization and appropriation process;
(4) the total amount expended by the Commission from funds available for the use of the Commission shall not exceed the total amount deposited in the Panama Canal Revolving Fund; and
(5) the foregoing paragraphs of this subsection do not apply to expenditures made by the United States in fulfilling United States obligations to transfer the remains of our honored dead from Mount Hope Cemetery in the fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3771
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Stable record: federal_law:legal_authorities:record_usc_3b19d3ee8a8d53b4e551c0bf
Source file: Laws/federal/codes/united-states-code/title-22/section-3771-congressional-restraints-on-property-transfers-and-tax-expenditures-form--b336e98506.md
Pages: Not recorded – Not recorded
Passage SHA-256: 699c14ff3169ebf1c378766224ba5672daa1bcbbcf3776a2f1f85586d58040f7
Source location: Title 22, Chapter 51, § 3771; chapter-051-panama-canal.md
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**(a)** The Congress enacts this section in the exercise of its authority under Article IV, section 3, clause 2 of the Constitution of the United States to dispose of and make necessary rules and regulations with respect to property of the United States.
**(b)** Prior to the transfer of property of the United States located in the Republic of Panama to the Republic of Panama pursuant to [section 3784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3784&num=0&edition=prelim) the President shall formally advise the Government of Panama that—
(1) in fulfilling its obligations under the Panama Canal Treaty of 1977, the United States shall make no payments to the Republic of Panama derived from tax revenues of the United States;
(2) the United States retains full discretion and authority to determine whether and the extent to which tax revenues of the United States may be expended in exercising United States rights and carrying out United States responsibilities under the Panama Canal Treaty of 1977 and related agreements;
(3) no tax revenues of the United States shall be made available for obligations and expenditure after October 1, 1979, for purposes of implementing the Panama Canal Treaty of 1977 and related agreements, unless hereafter specifically approved by the Congress through the authorization and appropriation process;
(4) the total amount expended by the Commission from funds available for the use of the Commission shall not exceed the total amount deposited in the Panama Canal Revolving Fund; and
(5) the foregoing paragraphs of this subsection do not apply to expenditures made by the United States in fulfilling United States obligations to transfer the remains of our honored dead from Mount Hope Cemetery in the former Canal Zone to an appropriate and dignified resting place in accordance with Reservation 3 to the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfers of facilities, buildings, structures, improvements, stocks and equipment located in the Republic of Panama** In the interest of economy and maximum efficiency in the utilization of property and facilities of the United States, there are authorized to be transferred between departments and agencies of the United States, with or without reimbursement, such facilities, buildings, structures, improvements, stock, and equipment located in the Republic of Panama, and used for their activities therein, as may be mutually agreed upon by the departments and agencies involved and approved by the President of the United States or his designee.
**(b) Cross-servicing agreements** The Commission may enter into cross-servicing agreements with any other department or agency of the United States for the use of facilities, furnishing of services, or performance of functions.
**(c) Transfer of records to Government of Republic of Panama** The Commission, any department or agency of the United States, or any United States court in the Republic of Panama is authorized to transfer to the Government of the Republic of Panama any record of such Commission, department, agency, or court, or copy thereof, including any record acquired from the Canal Zone Government or Panama Canal Company (including any vital statistics record), to any other department, agency, or court of the United States if such action is determined by the Commission, the head of the department or agency concerned, or the judge of the court concerned to be in the interest of the United States. Transfer of any record or copy thereof under this section to the Government of the Republic of Panama shall be made under the coordination of and with the approval of the United States Ambassador to the Republic of Pana
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3784
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of chapter 71 of title 5** Nothing in this chapter shall be construed to affect the applicability of chapter 71 of title 5, relating to labor-management and employee relations, with respect to the Commission or the operations of any other Executive agency conducted in that area of the Republic of Panama which, on September 30, 1979, was the Canal Zone, except that in applying those provisions—
(1) the definition of “employee” shall be applied without regard to clause (i) of section 7103(a)(2) of such title 5 which relates to nationality and citizenship;
(2) a unit shall be considered to be appropriate notwithstanding the fact that it includes any supervisor if that supervisor’s position (or type of position) was, before October 1, 1979, represented before the Panama Canal Company by a labor organization that included employees who were not supervisors; and
(3) any negotiated grievance procedures under [section 7121 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7121&num=0&edition=prelim), including any provisions relating to binding arbitration, shall, with respect to any personnel action to which subchapter II of chapter 75 of such title applies (as determined under section 7512 of such title), be available to the same extent and in the same manner as if employees of the Panama Canal Commission were not excluded from such subchapter under section 7511(b)(8) of such title.
**(b) United States laws applicable** Labor-management and employee relations of the Commission, other Executive agencies, and the Smithsonian Institution, their employees, and organizations of those employees, in connection with operations conducted in that area of the Republic of Panama which, on September 30, 1979, was the Canal Zone,
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3712
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter to provide legislation necessary or desirable for the implementation of the Panama Canal Treaty of 1977 between the United States of America and the Republic of Panama and of the related agreements accompanying that Treaty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3611
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 3779(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3779/b&num=0&edition=prelim), the Commission shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels which may arise by reason of their presence in the Panama Canal, or waters adjacent thereto, other than the locks, when the injury was proximately caused by negligence or fault on the part of an officer or employee of the United States acting within the scope of his employment and in the line of his duties in connection with the operation of the Canal. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. In the case of a vessel which is required by or pursuant to regulations prescribed pursuant to [section 3811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3811&num=0&edition=prelim) to have a Panama Canal pilot on duty aboard, damages may not be adjusted and paid for injuries to the vessel, or its cargo, crew, or passengers, incurred while the vessel was underway and in motion, unless at the time the injuries were incurred the navigation or movement of the vessel was under the control of a Panama Canal pilot. No payment for damages on a claim may be made under this section unless the claim is filed with the Commission within one year after the date of the injury or by November 18, 1998, whichever is later.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3774
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Federal law — U.S. Code and appendices · legal_authorities
The Commission is not responsible, and may not consider any claim, for demurrage or delays caused by—
(1) landslides or other natural causes;
(2) necessary construction or maintenance work on Canal locks, terminals, or equipment;
(3) obstruction arising from accidents;
(4) time necessary for admeasurement;
(5) congestion of traffic;
(6) investigation of a marine accident that is conducted within 24 hours after the accident occurs, except that any liability of the Commission beyond that 24-hour period shall be limited to the extent to which the accident was caused, or contributed to, by the negligence of an employee of the Commission acting within the scope of the employee’s official duties; or
(7) except as specially set forth in this subpart, any other cause.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3776
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Federal law — U.S. Code and appendices · legal_authorities
The Commission, by mutual agreement, compromise, or otherwise, may adjust and determine the amounts of the respective awards of damages pursuant to this subpart. Such amounts may be paid only out of money allotted for the maintenance and operation of the Panama Canal. Acceptance by a claimant of the amount awarded to him shall be deemed to be in full settlement of such claim against the Government of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3777
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 3779(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3779/b&num=0&edition=prelim), a claimant for damages pursuant to section 3771(a) or 3772 of this title who considers himself aggrieved by the findings, determination, or award of the Commission in reference to his claim may bring an action on the claim against the Commission in the United States District Court for the Eastern District of Louisiana. Subject to the provisions of this part and of applicable regulations issued pursuant to [section 3811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3811&num=0&edition=prelim) relative to navigation of the Panama Canal and adjacent waters, such actions shall proceed and be heard by the court without a jury according to the principles of law and rules of practice obtaining generally in like cases between a private party and a department or agency of the United States. Any judgment obtained against the Commission in an action under this subpart may be paid only out of money allotted for the maintenance and operation of the Panama Canal. An action for damages cognizable under this section shall not otherwise lie against the United States or the Commission, nor in any other court, than as provided in this section; nor may it lie against any officer or employee of the United States or of the Commission. Any action on a claim under this section shall be barred unless the action is brought within 180 days after the date on which the Commission mails to the claimant written notification of the Commission’s final determination with respect to the claim or by May 17, 1998, whichever is later. Attorneys appointed by the Commission shall represent the Commission in any action a
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3778
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commission is authorized to purchase insurance to protect the Commission against major and unpredictable revenue losses or expenses arising from catastrophic marine accidents or other unpredictable events.
**(b)**
(1) The Commission may by regulation require as a condition of transit through the Panama Canal or presence in the Panama Canal or waters adjacent thereto that any potential claimant under section 3771 or 3772 of this title be covered by insurance against the types of injuries described in those sections. The amount of insurance so required shall be specified in those regulations, but may not exceed $1,000,000.
(2) In a claim under section 3771 or 3772 of this title for which the Commission has required insurance under this subsection, the Commission’s liability shall be limited to the amount of damages in excess of the amount of insurance required by the Commission.
(3) In regulations under this subsection, the Commission may prohibit consideration or payment by it of claims presented by or on behalf of an insurer or subrogee of a claimant in a case for which the Commission has required insurance under this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3782
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Federal law — U.S. Code and appendices · legal_authorities
Page 1407
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3772
be adjusted and paid by the Commission under the pro-
visions of this subpart.’’
SUBPART II—VESSEL DAMAGE
§ 3771. Injuries in locks of canal; adjustment and
payment of claims
(a) Subject to section 3779(b) of this title and
to subsection (b) of this section, the Commission
shall promptly adjust and pay damages for inju-
ries to vessels, or to the cargo, crew, or pas-
sengers of vessels, which may arise by reason of
their passage through the locks of the Panama
Canal when the injury was proximately caused
by negligence or fault on the part of an officer
or employee of the United States acting within
the scope of his employment and in the line of
his duties in connection with the operation of
the Canal. If the negligence or fault of the ves-
sel, master, crew, or passengers proximately
contributed to the injury, the award of damages
shall be diminished in proportion to the neg-
ligence or fault attributable to the vessel, mas-
ter, crew, or passengers. Damages may not be al-
lowed and paid for injuries to any protrusion be-
yond any portion of the hull of a vessel, whether
it is permanent or temporary in character. A
vessel is considered to be passing through the
locks of the Canal, under the control of officers
or employees of the United States, from the
time the first towing line is made fast on board
before entrance into the locks and until the tow-
ing lines are cast off upon, or immediately prior
to, departure from the lock chamber. No pay-
ment for damages on a claim may be made
under this section unless the claim is filed with
the Commission within one year after the date
of the injury or by November 18, 1998, whichever
is later.
(b)(1) With respect to a claim under subsection
(a
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3771
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.