§3754 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Congress uses its power under Article IV, section 3, clause 2 of the Constitution to make rules about United States property. Before any U.S. property in the Republic of Panama is transferred to Panama under section 3784, the President must formally tell Panama five things. The United States will not pay Panama from U.S. tax money for carrying out the Panama Canal Treaty of 1977. The U.S. decides if and how U.S. tax money is spent on treaty duties. No U.S. tax money may be used for treaty work after October 1, 1979, unless Congress authorizes and funds it. The Commission may not spend more than what is in the Panama Canal Revolving Fund. These limits do not apply to moving U.S. war dead from Mount Hope Cemetery as required by Reservation 3 to the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal.

Title 22, §3754

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (b)(4). Pub. L. 100–203 substituted “available” for “appropriated to or” and “Panama Canal Revolving Fund” for “Panama Canal Commission Fund”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment 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.

Executive Documents

Delegation of Functions 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.

§3754 Congressional Restraints on Property Transfers and Tax Expenditures; Formal Apprisal of Panama