22 U.S.C. § 3753 — Disaster relief

Page 1405 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3753 (g) Exemption from automatic budget cuts Notwithstanding any other provision of law, no reduction under any order issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 shall apply to the Commis- sion if the implementation of such an order would result in a payment to the Republic of Panama under paragraph 4(c) of article XIII of the Panama Canal Treaty of 1977 and this sec- tion. (Pub. L. 96–70, title I, § 1341, Sept. 27, 1979, 93 Stat. 482; Pub. L. 99–368, § 6, Aug. 1, 1986, 100 Stat. 776; Pub. L. 100–203, title V, § 5426, Dec. 22, 1987, 101 Stat. 1330–274; Pub. L. 104–201, div. C, title XXXV, § 3548(b)(3), Sept. 23, 1996, 110 Stat. 2869; Pub. L. 105–85, div. C, title XXXV, § 3550(d)(7), Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105–261, div. C, title XXXV, § 3512(b), Oct. 17, 1998, 112 Stat. 2271.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (g), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. AMENDMENTS 1998—Subsec. (f). Pub. L. 105–261 made technical cor- rection to Pub. L. 104–201. See 1996 Amendment note below. 1997—Subsec. (f). Pub. L. 105–85, which directed sub- stitution of ‘‘sections 3712(b)’’ for ‘‘sections 3712(c)’’, could not be executed because the words ‘‘sections 3712(c)’’ did not appear subsequent to amendment by Pub. L. 104–201, as amended by Pub. L. 105–261. See 1996 and 1998 Amendments notes below and above. 1996—Subsec. (f). Pub. L. 104–201, as amended by Pub. L. 105–261, substituted ‘‘sections 3712(b)’’ for ‘‘sections 3712(c)’’. 1987—Subsec. (e)(7). Pub. L. 100–203 added cl. (7). 1986—Subsec. (g). Pub. L. 99–368 added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. C, title XXXV, § 3512(b), Oct. 17, 1998, 112 Stat. 2271, provided that the amendment made by section 3512(b) is effective as of Sept. 23, 1996, and as if included in section 3548(b)(3) of the Panama Canal Act Amendments of 1996, Pub. L. 104–201, as enacted. 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. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–368, § 7, Aug. 1, 1986, 100 Stat. 777, provided that: ‘‘The amendment made by section 6 [amending this section] shall take effect with respect to fiscal year 1986 and subsequent fiscal years.’’ § 3752. Transactions with Republic of Panama (a) Commission assistance on reimbursable basis The Commission may, on a reimbursable basis, provide to the Republic of Panama materials, supplies, equipment, work, or services, including water and electric power, requested by the Re- public of Panama, at such rates as may be agreed upon by the Commission and the Repub- lic of Panama. Payment for such materials, sup- plies, equipment, work, or services may be made by direct payment by the Republic of Panama to the Commission or by offset against amounts due the Republic of Panama by the United States. (b) Commission assistance on nonreimbursable basis The Commission may provide office space, equipment, supplies, personnel, and other in- kind services to the Panama Canal Authority on a nonreimbursable basis. (c) Other department of agency assistance on re- imbursable basis Any executive department or agency of the United States may, on a reimbursable basis, pro- vide to the Panama Canal Authority materials, supplies, equipment, work, or services requested by the Panama Canal Authority, at such rates as may be agreed upon by that department or agency and the Panama Canal Authority. (Pub. L. 96–70, title I, § 1342, Sept. 27, 1979, 93 Stat. 483; Pub. L. 105–85, div. C, title XXXV, § 3542, Nov. 18, 1997, 111 Stat. 2072.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). § 3753. Disaster relief If an emergency arises because of disaster or calamity by flood, hurricane, earthquake, fire, pestilence, or like cause, not foreseen or other- wise provided for, and occurring in the Republic of Panama in such circumstances as to con- stitute an actual or potential hazard to health, safety, security, or property in the areas and in- stallations made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements, the Commission may expend funds available to the Commission for such purpose, and utilize or furnish materials, supplies, equipment, and services for relief, as- sistance, and protection. (Pub. L. 96–70, title I, § 1343, Sept. 27, 1979, 93 Stat. 483; Pub. L. 100–203, title V, § 5428(b), Dec. 22, 1987, 101 Stat. 1330–274.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–203 substituted ‘‘funds available’’ for ‘‘available funds appropriated’’. 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. 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