
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3771]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
           Part 4--Claims for Injuries to Persons or Property
 
                        subpart ii--vessel damage
 
Sec. 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 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 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. 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. 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.
    (b)(1) With respect to a claim under subsection (a) of this section 
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, Sec. 1411, Sept. 27, 1979, 93 Stat. 485; Pub. 
L. 99-209, Sec. 2(a), (b), Dec. 23, 1985, 99 Stat. 1716; Pub. L. 100-
203, title V, Sec. 5417(b), Dec. 22, 1987, 101 Stat. 1330-271; Pub. L. 
105-85, div. C, title XXXV, Sec. 3543(a), Nov. 18, 1997, 111 Stat. 2072; 
Pub. L. 105-261, div. C, title XXXV, Secs. 3509(a)(1), 3512(a)(4), Oct. 
17, 1998, 112 Stat. 2269, 2271.)


                               Amendments

    1998--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''.
    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 exceed $50,000''.
    1985--Subsec. (a). Pub. L. 99-209, Sec. 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.
    Subsec. (b). Pub. L. 99-209, Sec. 2(b), added subsec. (b).


                    Effective Date of 1985 Amendment

    Section 7 of Pub. L. 99-209 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 subsection (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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 3776, 3779 of this title.
