22 U.S.C. § 3771 — Injuries in locks of canal; adjustment and

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