dreamproit/uscode huggingface dataset:
22 U.S.C. § 3752 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 Republic of Panama, at such rates as may be agreed upon by the Commission and the Republic of Panama. Payment for such materials, supplies, 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 reimbursable basis
Any executive department or agency of the United States may, on a reimbursable basis, provide 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.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
22 U.S.C. § 3753 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3753. Disaster relief
If an emergency arises because of disaster or calamity by flood, hurricane, earthquake, fire, pestilence, or like cause, not foreseen or otherwise provided for, and occurring in the Republic of Panama in such circumstances as to constitute an actual or potential hazard to health, safety, security, or property in the areas and installations 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, assistance, 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.)
heading: Editorial Notes
heading: Amendments
text: 1987—Pub. L. 100–203 substituted “funds available” for “available funds appropriated”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: 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.
22 U.S.C. § 3754 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3754. Congressional restraints on property transfers and tax expenditures; formal apprisal of Panama
(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 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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1987—Subsec. (b)(4). Pub. L. 100–203 substituted “available” for “appropriated to or” and “Panama Canal Revolving Fund” for “Panama Canal Commission Fund”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: 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.
heading: Executive Documents
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. § 3761 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3761. Settlement of claims generally
(a) Claims for injury to, or loss of, property or personal injury or death arising from operation of Panama Canal
Subject to the provisions of this part, the Commission may adjust and pay claims for injury to, or loss of, property or for personal injury or death, arising from the operation of the Panama Canal or related facilities and appurtenances.
(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 section shall be payable out of any moneys made available to the Commission. The acceptance by the claimant of the award shall be final and conclusive on the claimant, and shall constitute a complete release by the claimant of his claim against the United States and against any employee 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 resulting from acts outside scope of their employment
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 injuries 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 another.
(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.)
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–106 struck out “appropriated for or” after “any moneys”.
1987—Subsec. (b). Pub. L. 100–203 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No claim for an amount exceeding $50,000 shall be adjusted and paid by the Commission under the provisions of this subpart.”
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Executive Documents
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Executive Documents
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. § 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: Editorial Notes
heading: Amendments
text: 1985—Subsec. (b). Pub. L. 99–223 substituted “Before” for “At least 180 days before”.
heading: Executive Documents
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.