22 U.S.C. § 3761 — Settlement of claims generally

Page 1406 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3754 § 3754. Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama (a) The Congress enacts this section in the ex- ercise 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 Pan- ama to the Republic of Panama pursuant to sec- tion 3784 of this title the President shall for- mally 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 Repub- lic 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 Trea- ty of 1977 and related agreements; (3) no tax revenues of the United States shall be made available for obligations and expendi- ture after October 1, 1979, for purposes of im- plementing the Panama Canal Treaty of 1977 and related agreements, unless hereafter spe- cifically approved by the Congress through the authorization and appropriation process; (4) the total amount expended by the Com- mission 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 sub- section do not apply to expenditures made by the United States in fulfilling United States obligations to transfer the remains of our hon- ored dead from Mount Hope Cemetery in the former Canal Zone to an appropriate and dig- nified resting place in accordance with Res- ervation 3 to the Treaty Concerning the Per- manent Neutrality and Operation of the Pan- ama Canal. (Pub. L. 96–70, title I, § 1344, Sept. 27, 1979, 93 Stat. 484; Pub. L. 100–203, title V, § 5428(c), Dec. 22, 1987, 101 Stat. 1330–274.) Editorial Notes AMENDMENTS 1987—Subsec. (b)(4). Pub. L. 100–203 substituted ‘‘available’’ for ‘‘appropriated to or’’ and ‘‘Panama Canal Revolving Fund’’ for ‘‘Panama Canal Commis- sion Fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–203 effective Jan. 1, 1988, see section 5429 of Pub. L. 100–203, set out as a note under section 3712 of this title. 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 4—CLAIMS FOR INJURIES TO PERSONS OR PROPERTY SUBPART I—GENERAL PROVISIONS § 3761. Settlement of claims generally (a) Claims for injury to, or loss of, property or personal injury or death arising from oper- ation of Panama Canal Subject to the provisions of this part, the Commission may adjust and pay claims for in- jury to, or loss of, property or for personal in- jury or death, arising from the operation of the Panama Canal or related facilities and appur- tenances. (b) Limitation on amount of claims The Commission may pay not more than $50,000 on any claim described in subsection (a). (c) Source of award; release An award made to a claimant under this sec- tion shall be payable out of any moneys made available to the Commission. The acceptance by the claimant of the award shall be final and con- clusive on the claimant, and shall constitute a complete release by the claimant of his claim against the United States and against any em- ployee of the United States acting in the course of his employment who is involved in the matter giving rise to the claim. (d) Action for damages on claims cognizable under this part; action against officers or employees of United States for injuries re- sulting from acts outside scope of their em- ployment Except as provided in section 3776 of this title, no action for damages on claims cognizable under this part shall lie against the United States or the Commission, and no such action shall lie against any officer or employee of the United States. Neither this section nor section 3776 of this title shall preclude actions against officers or employees of the United States for in- juries resulting from their acts outside the scope of their employment or not in the line of their duties, or from their acts committed with the intent to injure the person or property of an- other. (e) Applicability of provisions of section 1346 and chapter 171 of title 28 The provisions of section 1346(b) of title 28 and the provisions of chapter 171 of such title shall not apply to claims cognizable under this part. (Pub. L. 96–70, title I, § 1401, Sept. 27, 1979, 93 Stat. 484; Pub. L. 100–203, title V, § 5417(a), Dec. 22, 1987, 101 Stat. 1330–271; Pub. L. 104–106, div. C, title XXXV, § 3529(4), Feb. 10, 1996, 110 Stat. 642.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–106 struck out ‘‘appro- priated for or’’ after ‘‘any moneys’’. 1987—Subsec. (b). Pub. L. 100–203 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘No claim for an amount exceeding $50,000 shall 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) for damages for injuries to a vessel or its cargo, if, at the time the injuries were incurred, the navigation or movement of the vessel was not under the control of a Panama Canal pilot, the Commission may pay not more than $50,000 on the claim, unless the injuries were caused by another vessel under the control of a Panama Canal pilot. (2) The provisions of subsections (c) through (e) of section 3761 of this title shall apply to any claim described in paragraph (1). (Pub. L. 96–70, title I, § 1411, Sept. 27, 1979, 93 Stat. 485; Pub. L. 99–209, § 2(a), (b), Dec. 23, 1985, 99 Stat. 1716; Pub. L. 100–203, title V, § 5417(b), Dec. 22, 1987, 101 Stat. 1330–271; Pub. L. 105–85, div. C, title XXXV, § 3543(a), Nov. 18, 1997, 111 Stat. 2072; Pub. L. 105–261, div. C, title XXXV, §§ 3509(a)(1), 3512(a)(4), Oct. 17, 1998, 112 Stat. 2269, 2271.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–261 inserted ‘‘to section 3779(b) of this title and’’ after ‘‘Subject’’ in first sen- tence and substituted ‘‘by November 18, 1998’’ for ‘‘No- vember 18, 1997’’. 1997—Subsec. (a). Pub. L. 105–85 substituted ‘‘within one year after the date of the injury or November 18, 1997,’’ for ‘‘within 2 years after the date of the injury, or within 1 year after December 23, 1985,’’. 1987—Subsec. (b)(1). Pub. L. 100–203 substituted ‘‘pay not more than $50,000 on the claim’’ for ‘‘adjust and pay the claim only if the amount of the claim does not ex- ceed $50,000’’. 1985—Subsec. (a). Pub. L. 99–209, § 2(a), designated ex- isting provisions as subsec. (a), substituted ‘‘Subject to subsection (b) of this section, the’’ for ‘‘The’’, sub- stituted ‘‘the Panama Canal when the injury was proxi- mately 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 du- ties in connection with the operation of the Canal’’ for ‘‘The Panama Canal under the control of officers or em- ployees of the United States’’, struck out provision that damages could not be paid where the injury was proximately caused by the negligence or fault of the vessel, master, crew, or passengers, and inserted provi- sion that no payment for damages on a claim may be made under this section unless the claim is filed with the Commission within 2 years after the date of the in- jury, or within 1 year after Dec. 23, 1985, whichever is later. Subsec. (b). Pub. L. 99–209, § 2(b), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–209, § 7, Dec. 23, 1985, 99 Stat. 1718, provided that: ‘‘(a) RETROACTIVE APPLICABILITY.—The amendments made by subsections (a) and (c) of section 2 [amending this section and section 3772 of this title], and the amendments made by sections 4 and 5 of this Act [amending sections 3775 and 3776 of this title], shall apply to any claim arising on or after October 1, 1979. ‘‘(b) FUTURE APPLICABILITY.— ‘‘(1) SECTIONS 3 AND 6.—The amendments made by sections 3 [amending section 3774 of this title] and 6 [enacting section 3779 of this title] of this Act shall apply to any claim arising on or after the date of the enactment of this Act [Dec. 23, 1985]. ‘‘(2) SECTION 2(b).—The amendment made by sub- section (b) of section 2 [amending this section] shall apply to any claim arising from an incident occurring on or after the date of the enactment of this Act [Dec. 23, 1985].’’ § 3772. Injuries outside locks Subject to section 3779(b) of this title, the Commission shall promptly adjust and pay dam- ages 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 oper- ation of the Canal. If the negligence or fault of the vessel, master, crew, or passengers proxi- mately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the ves- sel, master, crew, or passengers. In the case of a vessel which is required by or pursuant to regu- lations prescribed pursuant to section 3811 of this title 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 under- way and in motion, unless at the time the inju- ries 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