§ 3771. Injuries in locks of canal; adjustment and payment of claims

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Panama Canal Act of 1979

   Pub. L. 96–70 title I § 1411 · 93 Stat. 452

   Enacted · 22 U.S.C. § 3771

   Pub. L. 96–70, title I, § 1411, Sept. 27, 1979, 93 Stat. 485

   Source evidence

   Code source credit
   Pub. L. 96–70, title I, § 1411, Sept. 27, 1979, 93 Stat. 485

   Enacted provision · exact public law section
   Sec. 1411. injuries in locks of canal The Commission shall promptly adjust and pay damages 22 USC 3771. for injuries to vessels, or to the cargo, crew, or passengers of vessels, which may arise by reason of their passage through the locks of the Panama Canal under the control of officers or employees of the United States. Damages may not be paid where the injury was proximately caused by the negligence or fault of the vessel, master, crew, or passengers. 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. Damages may not be allowed and paid for injuries to any protrusion beyond 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 towing lines are cast off upon, or immediately prior to, departure from the lock chamber.

2. 1985

   Panama Canal Amendments Act of 1985

   Pub. L. 99–209 § 2(a) · 99 Stat. 1716

   1. Amended · 22 U.S.C. § 3771(a)

      Pub. L. 99–209, § 2(a), designated existing provisions as subsec. (a)

   2. Substituted · 22 U.S.C. § 3771(a)

      Pub. L. 99–209, § 2(a), substituted “Subject to subsection (b) of this section, the” for “The”

   3. Substituted · 22 U.S.C. § 3771(a)

      Pub. L. 99–209, § 2(a), substituted “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” for “The Panama Canal under the control of officers or employees of the United States”

   4. Struck · 22 U.S.C. § 3771(a)

      Pub. L. 99–209, § 2(a), 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

   5. Inserted · 22 U.S.C. § 3771(a)

      Pub. L. 99–209, § 2(a), 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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–209, § 2(a), designated existing provisions as subsec. (a), substituted “Subject to subsection (b) of this section, the” for “The”, substituted “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” for “The Panama Canal under the control of officers or employees 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 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.

   Enacted provision · exact public law section
   (a) Injuries in Locks of Canal.— Section 1411 of the Panama Canal Act of 1979 (22 U.S.C. 3771) is amended— (1) in the first sentence— (A) by striking out “The” and inserting in lieu thereof “(a) Subject to subsection (b) of this section, the”; and (B) by striking out “under the control of officers or employees of the United States” and inserting in lieu thereof “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”; (2) by striking out the second sentence; and (3) by adding at the end thereof the following new sentence: “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 the date of the Supra. enactment of the Panama Canal Amendments Act of 1985, whichever is later.”.

   Effective date note
   Pub. L. 99–209, § 7, Dec. 23, 1985, 99 Stat. 1718, provided that:

3. 1985

   Panama Canal Amendments Act of 1985

   Pub. L. 99–209 § 2(b) · 99 Stat. 1716

   Added · 22 U.S.C. § 3771(b)

   Pub. L. 99–209, § 2(b), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–209, § 2(b), added subsec. (b).

   Enacted provision · exact public law section
   (b) Vessels Without Pilots in Locks of Canal.— Section 1411 of the Panama Canal Act of 1979 is amended by adding at the end thereof the following: “(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 adjust and pay the claim only if the amount of the claim does not exceed $50,000, 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 1401 of 22 USC 3761. this Act shall apply to any claim described in paragraph (1).”.

   Effective date note
   Pub. L. 99–209, § 7, Dec. 23, 1985, 99 Stat. 1718, provided that:

4. 1987

   Pub. L. 100–203 title V § 5417(b) · 101 Stat. 1330

   Substituted · 22 U.S.C. § 3771(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 exceed $50,000”

   Source evidence

   Code amendment note
   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 exceed $50,000”.

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. C title XXXV § 3543(a) · 111 Stat. 1629

   Substituted · 22 U.S.C. § 3771(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (a) Filing of Administrative Claims With Commission.— Sections 1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C. 3772) are each amended in the last sentence by striking out “within 2 years after” and all that follows through “of 1985,” and inserting in lieu thereof “within one year after the date of the injury or the date of the enactment of the Panama Canal Transition Facilitation Act of 1997,”

6. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. C title XXXV · 112 Stat. 1920

   1. Inserted · 22 U.S.C. § 3771(a)

      Pub. L. 105–261 inserted “to section 3779(b) of this title and” after “Subject” in first sentence

   2. Substituted · 22 U.S.C. § 3771(a)

      Pub. L. 105–261 substituted “by November 18, 1998” for “November 18, 1997”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–261 inserted “to section 3779(b) of this title and” after “Subject” in first sentence and substituted “by November 18, 1998” for “November 18, 1997”.

   Enacted provision · exact public law
   TITLE XXXV— PANAMA CANAL COMMISSION Sec. 3501. Short title; references to Panama Canal Act of 1979. Sec. 3502. Authorization of expenditures. Sec. 3503. Purchase of vehicles. Sec. 3504. Expenditures only in accordance with treaties. Sec. 3505. Donations to the Commission. Sec. 3506. Agreements for United States to provide post—transfer administrative services for certain employee benefits. Sec. 3507. Sunset of United States overseas benefits just before transfer. Sec. 3508. Central examining office. Sec. 3509. Liability for vessel accidents. Sec 3510. Panama Canal Board of Contract Appeals. Sec. 3511. Restatement of requirement that Secretary of Defense designee on Panama Canal Commission supervisory board be a current officer of the Department of Defense. Sec. 3512. Technical amendments. SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL ACT OF 1979. (a) Short Title.— This title may be cited as the “Panama Canal Commission Authorization Act for Fiscal Year 1999”. (b) References to Panama Canal Act of 1979.— Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.). SEC. 3502. AUTHORIZATION OF EXPENDITURES. (a) In General.— Subject to subsection (b), the Panama Canal Commission is authorized to use amounts in the Panama Canal Revolving Fund to make such expenditures within the limits of funds and borrowing authority available to it in accordance with law, and to make such contracts and commitments, as may be necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, improvement, and administration of the Panama Canal for fiscal year 1999. (b) Limitations.— For fiscal year 1999, the Panama Canal Commission may expend from funds in the Panama Canal Revolving Fund not more than $100,000 for official reception and representation expenses, of which— (1) not more than $28,000 may be used for official reception and representation expenses of the Supervisory Board of the Commission; (2) not more than $14,000 may be used for official reception and representation expenses of the Secretary of the Commission; and (3) not more than $58,000 may be used for official reception and representation expenses of the Administrator of the Commission. SEC. 3503. PURCHASE OF VEHICLES. Notwithstanding any other provision of law, the funds available to the Commission shall be available for the purchase and transportation to the Republic of Panama of passenger motor vehicles, the purchase price of which shall not exceed $23,000 per vehicle. SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES. Expenditures authorized under this title may be made only in accordance with the Panama Canal Treaties of 1977 and any law of the United States implementing those treaties. SEC. 3505. DONATIONS TO THE COMMISSION. Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the following new subsection: “(f) (1) The Commission may seek and accept donations of funds, property, and services from individuals, foundations, corporations, ana other private and public entities for the purpose of carrying out its promotional activities. “(2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds, property, or services authorized by paragraph (1) would reflect unfavorably upon the ability of the Commission (or any employee of the Commission) to carry out its responsibilities or official duties in a fair and objective manner or would compromise the integrity or the appearance of the integrity of its programs or of any official in those programs.”. SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-TRANSFER ADMINISTRATIVE SERVICES FOR CERTAINEMPLOYEE BENEFITS. Section 1110 (22 U.S.C. 3620) is amended by adding at the end the following new subsection: “(c) (1) The Secretary of State may enter into one or more agreements to provide for the United States to furnish administrative services relating to the benefits described in paragraph (2)after December 31, 1999, and to establish appropriate procedures for providing advance funding for the services. “(2) The benefits referred to in paragraph (1) are the following: “(A) Pension, disability, and medical benefits provided by the Panama Canal Commission pursuant to section 1245. “(B) Compensation for work injuries covered by chapter81 of title 5, United States Code.”. SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUSTBEFORE TRANSFER. (a) Repeals.— Effective 11:59 p.m. (Eastern Standard Time), December 30, 1999, the following provisions are repealed and any right or condition of employment provided for in, or arising from, those provisions is terminated: sections 1206 (22 U.S.C. 3646),1207 (22 U.S.C. 3647), 1217(a) (22 U.S.C. 3657(a)), and 1224(11)(22 U.S.C. 3664(11)), subparagraphs (A), (B), (F), (G), and (H)of section 1231(a)(2) (22 U.S.C. 3671(a)(2)) and section 1321(e) (22U.S.C. 3731(e)). (b) Savings Provision for Basic Pay.— Notwithstanding subsection 22 USC 3657 note. (a), benefits based on basic pay, as listed in paragraphs(1), (2), (3), (5), and (6) of section 1218 of the Panama Canal Act of 1979, shall be paid as if sections 1217(a) and 1231(a)(2)(A)and (B) of that Act had been repealed effective 12:00 noon, December 31, 1999. The exception under the preceding sentence shall not apply to any pay for hours of work performed on December 31, 1999. (c) Nonapplicability to Agencies in Panama Other Than Panama Canal Commission.— Section 1212(b)(3) (22 U.S.C.3652(b)(3)) is amended by striking out “the Panama Canal Transition Facilitation Act of 1997” and inserting in lieu thereof “the Panama Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105–85; 110 Stat. 2062), or the Panama Canal Commission Authorization Act for Fiscal Year 1999”. SEC. 3508. CENTRAL EXAMINING OFFICE. (a) Repeal.— Section 1223 (22 U.S.C. 3663) is repealed. (b) Clerical Amendment.— The table of contents in section 1 is amended by striking out the item relating to section 1223. SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS. (a) Commission Liability Subject to Claimant Insurance.— (1) Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting “to section 1419(b) of this Act and” after “Subject” in the first sentence. (2) Section 1412 (22 U.S.C. 3772) is amended by striking out “The Commission” in the first sentence and inserting in lieu thereof “Subject to section 1419(b) of this Act, the Commission”. (3) Section 1416 (22 U.S.C. 3776) is amended by striking out “A claimant” in the first sentence and inserting in lieu thereof “Subject to section 1419(b) of this Act, a claimant”. (b) Authority To Require Claimants To Be Covered by Insurance.— Section 1419 (22 U.S.C. 3779) is amended— (1) by inserting “(a)” before “The Commission”; and (2) by adding at the end the following: “(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 1411 or 1412 of this Act 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 1411 or 1412 of this Act 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.”. SEC. 3510. PANAMA CANAL BOARD OF CONTRACT APPEALS. (a) Establishment and Pay of Board.— Section 3102(a) (22 U.S.C. 3862(a)) is amended— (1) in paragraph (1), by striking out “shall” in the first sentence and inserting in lieu thereof “may”; and (2) by adding at the end the following new paragraph: “(3) Compensation for members of the Board of Contract Appeals shall be established by the Commission’s supervisory board. The annual compensation established for members may not exceed the rate of basic pay established for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The compensation of a member may not be reduced during the member’s term of office from the level established at the time of the appointment of the member.”. (b) Deadline for Commencement of Board.— Section 3102(e) (22 U.S.C. 3862(e)) is amended by striking out “, but not later than January 1, 1999”. SEC. 3511. RESTATEMENT OF REQUIREMENT THAT SECRETARY OF DEFENSE DESIGNEE ON PANAMA CANAL COMMISSION SUPERVISORY BOARD BE A CURRENT OFFICER OF THE DEPARTMENT OF DEFENSE. (a) Authority.— Section 1102(a) (22 U.S.C. 3612(a)) is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: “The Commission shall be supervised by a Board composed of nine members, one of whom shall be an officer of the Department of Defense. The officer of the Department of Defense who shall serve on the Board shall be designated by the Secretary of Defense and may continue to serve on the Board only while continuing to serve as an officer of the Department of Defense.”; and (2) in the last sentence, by striking out “Secretary of Defense or a designee of the Secretary of Defense” and inserting in lieu thereof “the officer of the Department of Defense designated by the Secretary of Defense to be a member of the Board”. (b) Repeal of Superseded Provision.— Section 302 of Public Law 105–18 (111 Stat. 168) is repealed. SEC. 3512. TECHNICAL AMENDMENTS. (a) Panama Canal Act of 1979.— The Panama Canal Act of1979 is amended as follows:— (1) Section 1202(c) (22 U.S.C. 3642(c)) is amended— (A) by striking out “the day before the date of the enactment of the Panama Canal Transition Facilitation Act of 1997” and inserting in lieu thereof “November 17,1997,”; (B) by striking out “on or after that date”; and (C) by striking out “the day before the date of enactment” and inserting in lieu thereof “that date”. (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by inserting “the” after “by the head of”. (3) Section 1313 (22 U.S.C. 3723) is amended by striking out “subsection (d)” in each of subsections (a), (b), and (d)and inserting in lieu thereof “subsection (c)”. (4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772)are amended by striking out “the date of the enactment of the Panama Canal Transition Facilitation Act of 1997” and inserting in lieu thereof “by November 18, 1998”. (5) Section 1416 (22 U.S.C. 3776) is amended by striking out “the date of the enactment of the Panama Canal Transition Facilitation Act of 1997” and inserting in lieu thereof “by May17, 1998”. (a) Public Law 104–201.— Effective as of September 23, 1996, and as if included therein as enacted, section 3548(b)(3) of the Panama Canal Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104–201; 110 Stat. 2869) is amended by striking out 22 USC 3751 note.“section” in both items of quoted matter and inserting in lieu thereof “sections”.

8 of 11 references resolved to an enrolled provision · 3 partial