dreamproit/uscode huggingface dataset:
22 U.S.C. § 3772 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3772. Injuries outside locks
Subject to section 3779(b) of this title, 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 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.
(Pub. L. 96–70, title I, § 1412, Sept. 27, 1979, 93 Stat. 485; Pub. L. 99–209, § 2(c), Dec. 23, 1985, 99 Stat. 1716; 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)(2), 3512(a)(4), Oct. 17, 1998, 112 Stat. 2270, 2271.)
heading: Amendments
text: 1998—Pub. L. 105–261 substituted “Subject to section 3779(b) of this title, the Commission” for “The Commission” in first sentence and “by November 18, 1998” for “November 18, 1997”.
1997—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,”.
1985—Pub. L. 99–209 struck out provisions limiting the amount of the claim to $120,000, and inserted provision 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 injury, or within 1 year after Dec. 23, 1985, whichever is later.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–209 applicable to any claim arising on or after Oct. 1, 1979, see section 7(a) of Pub. L. 99–209, set out as a note under section 3771 of this title.
22 U.S.C. § 3773 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3773. Measure of damages generally
In determining the amount of the award of damages for injuries to a vessel for which the Commission is determined to be liable, there may be included—
(1) the actual or estimated cost of repairs;
(2) charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;
(3) maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and
(4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.
Agent’s fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Commission shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value cannot be determined, the value of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel’s detention; and the books of the owners showing the vessel’s earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.
(Pub. L. 96–70, title I, § 1413, Sept. 27, 1979, 93 Stat. 486.)
22 U.S.C. § 3774 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3774. Delays for which no responsibility is assumed
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.
(Pub. L. 96–70, title I, § 1414, Sept. 27, 1979, 93 Stat. 486; Pub. L. 99–209, § 3, Dec. 23, 1985, 99 Stat. 1717.)
heading: Amendments
text: 1985—Par. (6). Pub. L. 99–209 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “time necessary for investigation of marine accidents; or”.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–209 applicable to any claim arising on or after Dec. 23, 1985, see section 7(b)(1) of Pub. L. 99–209, set out as a note under section 3771 of this title.
22 U.S.C. § 3775 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3775. Settlement of claims
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.
(Pub. L. 96–70, title I, § 1415, Sept. 27, 1979, 93 Stat. 486; Pub. L. 99–209, § 4, Dec. 23, 1985, 99 Stat. 1717; Pub. L. 104–106, div. C, title XXXV, § 3529(5), Feb. 10, 1996, 110 Stat. 642.)
heading: Amendments
text: 1996—Pub. L. 104–106 struck out “appropriated or” after “out of money” in second sentence.
1985—Pub. L. 99–209 struck out the subsec. (a) designation, substituted “The Commission, by” for “Subject to subsection (b) of this section, the Commission, by” and “Such amounts may be paid only out of money appropriated or allotted for the maintenance and operation of the Panama Canal” for “Such amounts shall be payable promptly out of any moneys appropriated or allotted for the maintenance and operation of the Panama Canal”, and struck out subsec. (b) which provided that the Commission could not adjust and pay any claim for damages for injuries arising by reason of the presence of the vessel in the Panama Canal or adjacent waters outside the locks where the amount of the claim exceeded $120,000 but had to submit the claim to the Congress in a special report containing the material facts and the recommendation of the Commission thereon.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–209 applicable to any claim arising on or after Oct. 1, 1979, see section 7(a) of Pub. L. 99–209, set out as a note under section 3771 of this title.
22 U.S.C. § 3777 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3777. Investigation of accident or injury giving rise to claim
Notwithstanding any other provision of law, a claim may not be considered under this subpart, or an action for damages lie thereon, unless, prior to the departure from the Panama Canal of the vessel involved—
(1) an investigation of the accident or injury giving rise to the claim has been completed, which shall include a hearing by the Board of Local Inspectors of the Commission; and
(2) the basis for the claim has been laid before the Commission.
(Pub. L. 96–70, title I, § 1417, Sept. 27, 1979, 93 Stat. 487; Pub. L. 104–201, div. C, title XXXV, § 3544, Sept. 23, 1996, 110 Stat. 2867.)
heading: Amendments
text: 1996—Par. (1). Pub. L. 104–201 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “an investigation by the competent authorities of the accident or injury giving rise to the claim has been completed; and”.
22 U.S.C. § 3778 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3778. Board of local inspectors
(a) The President shall provide for the establishment of a Board of Local Inspectors of the Panama Canal Commission which shall perform, in accordance with regulations prescribed by the President—
(1) the investigations required by section 3777 of this title; and
(2) such other duties with respect to marine matters as may be assigned by the President.
(b) In conducting any investigation pursuant to subsection (a) of this section, the Board of Local Inspectors established pursuant to such subsection may summon witnesses, administer oaths, and require the production of books and papers necessary for such investigation.
(Pub. L. 96–70, title I, § 1418, Sept. 27, 1979, 93 Stat. 487.)
heading: Delegation of Functions
text: Functions vested in President by this section delegated to Secretary of Defense, see section 1–303 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under section 3601 of this title.
22 U.S.C. § 3779 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3779. Insurance
(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.
(Pub. L. 96–70, title I, § 1419, as added Pub. L. 99–209, § 6(a), Dec. 23, 1985, 99 Stat. 1717; amended Pub. L. 100–203, title V, § 5414, Dec. 22, 1987, 101 Stat. 1330–270; Pub. L. 105–261, div. C, title XXXV, § 3509(b), Oct. 17, 1998, 112 Stat. 2270.)
heading: Amendments
text: 1998—Pub. L. 105–261 designated existing provisions as subsec. (a) and added subsec. (b).
1987—Pub. L. 100–203 inserted “or other unpredictable events” after “marine accidents”.
heading: Effective Date
text: Section applicable to any claim arising on or after Dec. 23, 1985, see section 7(b)(1) of Pub. L. 99–209, set out as an Effective Date of 1985 Amendment note under section 3771 of this title.
22 U.S.C. § 3781 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3781. Assets and liabilities of Panama Canal Company
All property and other assets of the Panama Canal Company shall revert to the United States on October 1, 1979, and, except as otherwise provided by law, the United States shall assume the liabilities, including contractual obligations, of the Panama Canal Company then outstanding. The Commission may use such property, facilities, and records of the Panama Canal Company as are necessary to carry out its functions.
(Pub. L. 96–70, title I, § 1501, Sept. 27, 1979, 93 Stat. 487.)
22 U.S.C. § 3782 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3782. Transfers and cross-servicing between agencies
(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 Panama.
(d) Applicability to Smithsonian Institution
The provisions of this section shall apply to the Smithsonian Institution.
(Pub. L. 96–70, title I, § 1502, Sept. 27, 1979, 93 Stat. 488.)
heading: Delegation of Functions
text: Functions vested in President by subsec. (a) of this section delegated to Secretary of Defense, see section 1–106 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under section 3601 of this title.
22 U.S.C. § 3783 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3783. Disposition of property of United States
No property of the United States located in the Republic of Panama may be disposed of except pursuant to law enacted by the Congress.
(Pub. L. 96–70, title I, § 1503, Sept. 27, 1979, 93 Stat. 488.)
22 U.S.C. § 3784 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3784. Transfer of property to Republic of Panama
(a) Conveyance of Panama Railroad
(1) On October 1, 1979, the Secretary of State may convey to the Republic of Panama the Panama Railroad and such property located in the area which, immediately before such date, comprised the Canal Zone and which is not within the land and water areas the use of which is made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements.
(2) Property transferred pursuant to paragraph (1) of this subsection may not include buildings and other facilities, except housing, located outside such areas, the use of which is retained by the United States pursuant to the Panama Canal Treaty of 1977 and related agreements.
(b) Transfer of certain property pursuant to Panama Canal Treaty of 1977; report to Congress
With respect to the transfer of all other property (not described in subsection (a)(1) of this section) to be transferred in accordance with the terms of the Panama Canal Treaty of 1977 and related agreements, the Secretary of State may convey such property from time to time in accordance with the terms of such Treaty and related agreements. Before the transfer of any such property, the President must submit a written report to the Congress—
(1) precisely identifying and describing the particular property to be transferred;
(2) certifying the state of compliance by the Republic of Panama with such Treaty and related agreements; and
(3) setting forth the reasons for the conveyance being made at the particular time.
(c) Restriction on transfer of Panama Canal and certain other property
The Panama Canal, and such other property referred to in paragraph 2(d) of Article XIII of the Panama Canal Treaty of 1977 that has not been previously transferred in accordance with paragraphs 2(a), 2(b), and 2(c) of such Article, shall not be transferred to the Republic of Panama prior to December 31, 1999.
(Pub. L. 96–70, title I, § 1504, Sept. 27, 1979, 93 Stat. 488; Pub. L. 99–223, § 7, Dec. 28, 1985, 99 Stat. 1740.)
heading: Amendments
text: 1985—Subsec. (b). Pub. L. 99–223 substituted “Before” for “At least 180 days before”.
heading: Delegation of Functions
text: Functions vested in President by subsec. (b) delegated 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.
22 U.S.C. § 3791 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3791. Prescription of measurement rules and rates of tolls
The Commission may, subject to the provisions of this chapter, prescribe and from time to time change—
(1) the rules for the measurement of vessels for the Panama Canal; and
(2) the tolls that shall be levied for use of the Panama Canal.
(Pub. L. 96–70, title I, § 1601, Sept. 27, 1979, 93 Stat. 489; Pub. L. 104–106, div. C, title XXXV, § 3527, Feb. 10, 1996, 110 Stat. 641.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–70, Sept. 27, 1979, 93 Stat. 452, known as the Panama Canal Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
heading: Amendments
text: 1996—Pub. L. 104–106 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
“(a) The President is authorized, subject to the provisions of this part, to prescribe and from time to time change—
“(1) the rules for the measurement of vessels for the Panama Canal; and
“(2) the tolls that shall be levied for the use of the Canal.
“(b) Such rules of measurement and tolls prevailing on October 1, 1979, shall continue in effect until changed as provided in this part.”
22 U.S.C. § 3795 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3795. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(1), Sept. 23, 1996, 110 Stat. 2867
text: Section, Pub. L. 96–70, title I, § 1605(a), Sept. 27, 1979, 93 Stat. 491, related to change in tolls for fiscal year beginning Oct. 1, 1979.
heading: Effective Date
text: Pub. L. 96–70, title I, § 1605(b), Sept. 27, 1979, 93 Stat. 492, provided that this section was to take effect on Sept. 27, 1979, prior to repeal by Pub. L. 104–201, div. C, title XXXV, § 3546(a)(1), Sept. 23, 1996, 110 Stat. 2867.
22 U.S.C. § 3801, 3802 (FOREIGN RELATIONS AND INTERCOURSE)
§§ 3801, 3802. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(2), (3), Sept. 23, 1996, 110 Stat. 2867
text: Section 3801, Pub. L. 96–70, title I, § 1701, Sept. 27, 1979, 93 Stat. 492, related to authority of President to prescribe regulations applicable within areas and installations made available for operation and protection of Panama Canal.
text: Section 3802, Pub. L. 96–70, title I, § 1702, Sept. 27, 1979, 93 Stat. 492, related to authority of Commission to prescribe regulations applicable within areas and installations made available for operation and protection of Panama Canal.
22 U.S.C. § 3811 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3811. Operating regulations
The Commission may prescribe, and from time to time amend, regulations governing—
(1) the operation of the Panama Canal;
(2) the navigation of the harbors and other waters of the Panama Canal and areas adjacent thereto, including the ports of Balboa and Cristobal;
(3) the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto;
(4) pilotage in the Panama Canal or the approaches thereto through the adjacent waters; and
(5) the licensing of officers or other operators of vessels navigating the waters of the Panama Canal and areas adjacent thereto, including the ports of Balboa and Cristobal.
(Pub. L. 96–70, title I, § 1801, Sept. 27, 1979, 93 Stat. 492; Pub. L. 104–201, div. C, title XXXV, § 3545, Sept. 23, 1996, 110 Stat. 2867.)
heading: Amendments
text: 1996—Pub. L. 104–201 substituted “Commission” for “President” in introductory provisions.
22 U.S.C. § 3821 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3821. Vessels subject to inspection
With the exception of private vessels merely transiting the Panama Canal, and of public vessels of all nations, vessels navigating the waters of the Panama Canal shall be subject to an annual inspection of hulls, boilers, machinery, equipment, and passenger accommodations.
(Pub. L. 96–70, title I, § 1811, Sept. 27, 1979, 93 Stat. 492.)
22 U.S.C. § 3822 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3822. Foreign vessels
With respect to a foreign vessel of a country which has inspection laws approximating those of the United States, any such vessel having an unexpired certificate of inspection duly issued by the authorities of such country shall not be subject to an inspection other than that necessary to determine whether the vessel, its boilers, and its lifesaving equipment are as stated in the certificate of inspection. A certificate of inspection may not be accepted as evidence of lawful inspection under this section unless similar privileges are granted to vessels of the United States under the laws of the country to which the vessel belongs.
(Pub. L. 96–70, title I, § 1812, Sept. 27, 1979, 93 Stat. 493.)
22 U.S.C. § 3823 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3823. Regulations governing inspection
The Commission shall prescribe, and from time to time may amend, regulations concerning the inspection of vessels conforming as nearly as practicable to the laws and regulations governing marine inspection by the United States Coast Guard.
(Pub. L. 96–70, title I, § 1813, Sept. 27, 1979, 93 Stat. 493.)
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
22 U.S.C. § 3831 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3831. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(4), Sept. 23, 1996, 110 Stat. 2868
text: Section, Pub. L. 96–70, title II, § 2101, Sept. 27, 1979, 93 Stat. 493, related to continuation in force of Canal Zone Code and other laws, regulations, and administrative authority of the United States for purpose of exercise of law enforcement and judicial jurisdiction during transition period.