22 U.S.C. § 3761

Settlement of claims generally

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(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).

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.)Editorial NotesAmendments

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.”

Notes of Decisions

Cited in 4 cases, 1983–2006 · leading case: Asociacion De Empleados Del Area Canalera v. Panama Canal Comm'n, 453 F.3d 1309 (11th Cir. 2006).

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Asociacion De Empleados Del Area Canalera v. Panama Canal Comm'n, 453 F.3d 1309 (11th Cir. 2006). · cites it 3× “[ 22 U.S.C. § 3761 ]....” 22 U.S.C. § 3761 (d), *1319 which the district court focused on and cited in its analysis, however, merely states that "[e]xcept as provided in [ 22 U.”

Donna McClain Mother & Pers. Rep. of the Deceased Minor, Ramon John Rasimowicz v. Panama Canal Comm'n, a U.S. Exec. Agency, 834 F.2d 452 (5th Cir. 1988). · cites it 7× “22 U.S.C. § 3761 (b). On December 3, 1984, McClain wrote the Commission.”

Drake v. Panama Canal Comm'n, 907 F.2d 532 (5th Cir. 1990). · cites it 2× “Torres, Lujan, and Guardiola and the survivors of Allen and Molinar filed timely administrative claims with the Commission under section 1401 of the Panama Canal Act (PCA), 22 U.S.C. § 3761 . 1 On the ground that, under Panamanian law, their exclusive remedy was with the…”

Golden Panagia S.S., Inc. v. Panama Canal Comm'n, 557 F. Supp. 340 (E.D. La. 1983). “22 U.S.C. § 3761 , 3771. 21 . 22 U.S.C. § 3776 .”

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