Title 22Foreign Relations and IntercourseRelease 119-73

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

Title 22 › Chapter CHAPTER 51— - PANAMA CANAL › Subchapter SUBCHAPTER I— - ADMINISTRATION AND REGULATIONS › Part Part 4— - Claims for Injuries to Persons or Property › Subpart subpart ii— - vessel damage › § 3771

Last updated Apr 6, 2026|Official source

Summary

The Commission must promptly settle and pay for harm to ships, their cargo, crew, or passengers when the injury was mainly caused by negligence or fault of a U.S. officer or employee acting on the job in connection with operating the Panama Canal, but only as allowed by section 3779(b) and by subsection (b) below. If the ship, its master, crew, or passengers were partly at fault, the payment is reduced in the same share. No payment is allowed for damage to anything that sticks out beyond the hull, whether permanent or temporary. A vessel is treated as under U.S. control from when the first towing line is fastened aboard before entering the lock until the towing lines are cast off upon, or just before, leaving the lock chamber. No claim will be paid unless it is filed with the Commission within one year after the injury or by November 18, 1998, whichever is later. If the ship was not under the control of a Panama Canal pilot when the damage happened, the Commission may pay no more than $50,000 on that claim, unless the injury was caused by another ship that was under the control of a Panama Canal pilot. The rules in subsections (c) through (e) of section 3761 apply to such claims.

Full Legal Text

Title 22, §3771

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(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) 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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 2(b), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 Amendment Pub. L. 99–209, § 7, Dec. 23, 1985, 99 Stat. 1718, 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 section 4 and 5 of this Act [amending section 3775 and 3776 of this title], shall apply to any claim arising on or after October 1, 1979. “(b) Future Applicability.—“(1) section 3 and 6.—The

Amendments

made by section 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].”

Reference

Citations & Metadata

Citation

22 U.S.C. § 3771

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73