dreamproit/uscode huggingface dataset:
22 U.S.C. § 1622c (FOREIGN RELATIONS AND INTERCOURSE)
§ 1622c. Membership of Foreign Claims Settlement Commission of the United States
(a) Composition of Commission; appointment and compensation of Chairman
The Commission shall be composed of a Chairman and two members. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, to serve on a full-time basis for a term of three years, and compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5.
(b) Appointment and compensation of members other than Chairman
The other members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate, and serve on a part-time basis, and be compensated on a per diem basis at a rate of compensation equivalent to the daily rate for level V of the Executive Schedule under section 5316 of title 5 for each day that such member is employed in the actual performance of official business of the Commission as may be directed by the Chairman. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
(c) Terms of office
The terms of Office of the Chairman and members of the Commission shall be for three years, except the Chairman and members first appointed after the enactment of this subsection shall be appointed to terms ending respectively September 30, 1982, September 30, 1981, and September 30, 1980. The incumbent of any such office may continue to serve until a successor takes office.
(d) Continuation in office of existing members
Notwithstanding the provisions of subsections (a), (b), and (c) of this section, members of the Foreign Claims Settlement Commission who are serving on March 14, 1980, shall continue to serve in their same capacities until the expiration of the terms to which they were appointed.
(Pub. L. 96–209, title I, § 103, Mar. 14, 1980, 94 Stat. 96.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
22 U.S.C. § 1622e (FOREIGN RELATIONS AND INTERCOURSE)
§ 1622e. Vesting of all non-adjudicatory functions, powers, and duties in Chairman of Foreign Claims Settlement Commission of the United States
All functions, powers, and duties not directly related to adjudicating claims are hereby vested in the Chairman, including the functions set forth in section 3 of Reorganization Plan Numbered 1 of 1954 and the authority to issue rules and regulations.
(Pub. L. 96–209, title I, § 105, Mar. 14, 1980, 94 Stat. 97.)
heading: Editorial Notes
heading: References in Text
text: Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
heading: Codification
text: Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
22 U.S.C. § 1622f (FOREIGN RELATIONS AND INTERCOURSE)
§ 1622f. Administrative support and services to Foreign Claims Settlement Commission of the United States by Attorney General
The Attorney General shall provide necessary administrative support and services to the Commission. The Chairman shall prepare the budget requests, authorization documents, and legislative proposals for the Commission within the procedures established by the Department of Justice, and the Attorney General shall submit these items to the Director of the Office of Management and Budget as proposed by the Chairman.
(Pub. L. 96–209, title I, § 106, Mar. 14, 1980, 94 Stat. 97.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
22 U.S.C. § 1622g (FOREIGN RELATIONS AND INTERCOURSE)
§ 1622g. Independence of Foreign Claims Settlement Commission of the United States; finality of Commission decisions
Nothing in this Act shall be construed to diminish the independence of the Commission in making its determinations on claims in programs that it is authorized to administer pursuant to the powers and responsibilities conferred upon the Commission by the War Claims Act of 1948, as amended [50 U.S.C. 4101 et seq.], the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621 et seq.], and Reorganization Plan Numbered 1 of 1954. The decisions of the Commission with respect to claims shall be final and conclusive on all questions of law and fact, and shall not be subject to review by the Attorney General or any other official of the United States or by any court by mandamus or otherwise.
(Pub. L. 96–209, title I, § 107, Mar. 14, 1980, 94 Stat. 97.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 96–209, Mar. 14, 1980, 94 Stat. 96, which enacted sections 1622a to 1622g of this title, amended section 5316 of Title 5, Government Organization and Employees, and section 4101 of Title 50, War and National Defense, and enacted provisions set out as notes under section 1622a of this title, section 363 of former Title 31, Money and Finance, and section 7546 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826, 62 Stat. 1240, as amended, which is classified generally to chapter 51 (§ 4101 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as amended, which is classified generally to this chapter (§ 1621 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables.
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under section 1622 of this title.
heading: Codification
text: Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title.
22 U.S.C. § 1624 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1624. Certification of awards; certification of claims
The Commission shall, as soon as possible, and in the order of the making of such awards, certify to the Secretary of the Treasury and to the Secretary of State copies of the awards made in favor of the Government of the United States or of nationals of the United States under this subchapter. The Commission shall certify to the Secretary of State, upon his request, copies of the formal submissions of claims filed pursuant to subsection (b) of section 1623 of this title for transmission to the foreign government concerned.
(Mar. 10, 1950, ch. 54, title I, § 5, 64 Stat. 16; Aug. 9, 1955, ch. 645, §§ 1, 2, 69 Stat. 562.)
heading: Editorial Notes
heading: Amendments
text: 1955—Act Aug. 9, 1955, § 1, amended credit to section by designating act Mar. 10, 1950, as “title I”.
Act Aug. 9, 1955, § 2, substituted “subchapter” for “chapter”.
heading: Statutory Notes and Related Subsidiaries
heading: References to This Subchapter Deemed To Include Section 119 of H.R. 2076
text: References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104–91, set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.
heading: Executive Documents
heading: Abolition of International Claims Commission and Transfer of Functions
text: International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 1, 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a note under section 1622 of this title.
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see section 1622a et seq. of this title.
22 U.S.C. § 1625 (FOREIGN RELATIONS AND INTERCOURSE)
§ 1625. Omitted
heading: Editorial Notes
heading: Codification
text: Section, acts Mar. 10, 1950, ch. 54, title 1, § 6, 64 Stat. 16; Aug. 8, 1953, ch. 396, § 1, 67 Stat. 506, provided that Commission complete its affairs in connection with settlement of all United States-Yugoslavian Claims arising under Yugoslav Claims Agreement of 1948, by December 31, 1954.
22 U.S.C. § 1631e (FOREIGN RELATIONS AND INTERCOURSE)
§ 1631e. Rules by district courts; appeals
The district courts of the United States are given jurisdiction to make and enter all such rules as to notice and otherwise, and all such orders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this subchapter, with a right of appeal from the final order or decree of such court as provided in chapter 83 of title 28.
(Mar. 10, 1950, ch. 54, title II, § 206, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 563; amended Pub. L. 100–352, § 6(g), June 27, 1988, 102 Stat. 664.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–352 substituted “chapter 83” for “sections 1252, 1254, 1291, and 1292”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure.
22 U.S.C. § 1631o (FOREIGN RELATIONS AND INTERCOURSE)
§ 1631o. Eligibility for return of interest in property
(a) Persons eligible; determination; prerequisites
Notwithstanding any other provision of this chapter or any provision of the Trading With the Enemy Act, as amended, any person (1) who was formerly a national of Bulgaria, Hungary, or Rumania, and (2) who, as a consequence of any law, decree, or regulation of the nation of which he was a national discriminating against political, racial or religious groups, at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated enjoyed full rights of citizenship under the law of such nation, shall be eligible hereunder to receive the return of his interest in property which was vested under section 1631a(a) of this title or under the Trading With the Enemy Act, as amended [50 U.S.C. 4301 et seq.], as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania if 25 per centum or more of the outstanding capital stock of such corporation was owned at the date of vesting by such persons and nationals of countries other than Bulgaria, Hungary, Rumania, Germany, or Japan, or if such corporation was subjected after December 7, 1941, under the laws of its country, to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the Department of State as provided under section 1631f(c) of this title shall be required for such persons.
(b) Notice of claim; time of claim; fund for payment
An interest in property vested under the Trading With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania shall be subject to return under subsection (a) of this section only if a notice of claim for the return of any such interest has been timely filed under the provisions of section 4330 of Title 50, provided that application may be made therefore within six months after July 24, 1968. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bulgarian Claims Fund, Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of any other interest representing vested property held in the United States Treasury may be used for the purpose of making the return hereunder.
(c) Finality of determination
Determinations by the designee of the President or any other officer or agency with respect to claims under this section, including the allowance or disallowance thereof, shall be final and shall not be subject to review by any court.
(Mar. 10, 1950, ch. 54, title II, § 216, as added Pub. L. 90–421, § 1(7), July 24, 1968, 82 Stat. 421.)
heading: Editorial Notes
heading: References in Text
text: The Trading With the Enemy Act, as amended, referred to in subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
22 U.S.C. § 1641a (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641a. Claims funds
(a) Establishment; coverage into Treasury; deduction
There are created in the Treasury of the United States five funds to be known as the Bulgarian Claims Fund, the Hungarian Claims Fund, the Rumanian Claims Fund, the Italian Claims Fund, and the Soviet Claims Fund. The Secretary of the Treasury shall cover into each of the Hungarian, Rumanian, and Bulgarian Claims Funds, the funds attributable to the respective country or its nationals covered into the Treasury pursuant to subsections (a) and (b) of section 1631a of this title. The Secretary of the Treasury shall cover into the Italian Claims Fund the sum of $5,000,000 paid to the United States by the Government of Italy pursuant to article II of the Memorandum of Understanding. The Secretary shall cover into the Treasury the funds collected by the United States pursuant to the Litvinov Assignment (including postal funds due prior to November 16, 1933, to the Union of Soviet Socialist Republics because of money orders certified to that country for payment) and shall cover into the Soviet Claims Fund the funds so covered into the Treasury. The Secretary shall deduct from each claims fund 5 per centum thereof as reimbursement to the Government of the United States for the expenses incurred by the Commission and by the Treasury Department in the administration of this subchapter. Such deduction shall be made before any payment is made out of such fund under section 1641i of this title. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.
(b) Bulgarian and Rumanian fund
The Secretary of the Treasury shall cover into each of the Bulgarian and Rumanian Claims Funds such sums as may be paid by the Government of the respective country pursuant to the terms of any claims settlement agreement between the Government of the United States and the Government of such country.
(c) Hungarian fund
The Secretary of the Treasury shall cover into the Hungarian Claims Fund, such sums as may be paid to the United States by the Government of Hungary pursuant to the terms of the United States Hungarian Claims Agreement of March 6, 1973.
(Mar. 10, 1950, ch. 54, title III, § 302, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(8), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(1), Oct. 20, 1974, 88 Stat. 1386.)
heading: Editorial Notes
heading: Amendments
text: 1974—Subsec. (c). Pub. L. 93–460 added subsec. (c).
1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsec. (b).
22 U.S.C. § 1641b (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641b. Claims of nationals of the United States against Bulgaria, Hungary, and Rumania
The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims of nationals of the United States against the Governments of Bulgaria, Hungary, and Rumania, or any of them, arising out of the failure to—
(1) restore or pay compensation for property of nationals of the United States as required by article 23 of the treaty of peace with Bulgaria, articles 26 and 27 of the treaty of peace with Hungary, and articles 24 and 25 of the treaty of peace with Rumania. Awards under this paragraph shall be in amounts not to exceed two-thirds of the loss or damage actually sustained;
(2) pay effective compensation for the nationalization, compulsory liquidation, or other taking, prior to August 9, 1955, of property of nationals of the United States in Bulgaria, Hungary, and Rumania;
(3) meet obligations expressed in currency of the United States arising out of contractual or other rights acquired by nationals of the United States prior to April 24, 1941, in the case of Bulgaria, and prior to September 1, 1939, in the case of Hungary and Rumania, and which became payable prior to September 15, 1947;
(4) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Bulgaria and Rumania, between August 9, 1955, and the effective date of the claims agreement between the respective country and the United States; and
(5) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force.
(Mar. 10, 1950, ch. 54, title III, § 303, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 571; amended Pub. L. 90–421, § 1(9), (10), July 24, 1968, 82 Stat. 422; Pub. L. 93–460, § 1(2), (3), Oct. 20, 1974, 88 Stat. 1386.)
heading: Editorial Notes
heading: Amendments
text: 1974—Par. (5). Pub. L. 93–460, § 1(3), added par. (5).
1968—Par. (4). Pub. L. 90–421, § 1(10), added par. (4).
22 U.S.C. § 1641j (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641j. Claims by corporations or other legal entities
(a) If a corporation or other legal entity has a claim on which an award may be made under this subchapter, no award may be made to any other person under this subchapter with respect to such claim.
(b) A claim based upon an interest, direct or indirect, in a corporation or other legal entity which directly suffered the loss with respect to which the claim is asserted, but which was not a national of the United States at the time of the loss, shall be acted upon without regard to the nationality of such legal entity if at the time of the loss at least 25 per centum of the outstanding capital stock or other beneficial interest in such entity was owned, directly or indirectly, by natural persons who were nationals of the United States. This subsection shall not be construed so as to exclude from eligibility a claim based upon a direct ownership interest in a corporation, association, or other entity, or the property thereof, for loss by reason of the nationalization, compulsory liquidation, or other taking of such corporation, association, or other entity by the Governments of Bulgaria, Hungary, Italy, Rumania, or the Soviet Government. Any such claim may be allowed without regard to the per centum of ownership vested in the claimant.
(Mar. 10, 1950, ch. 54, title III, § 311, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 573; amended Pub. L. 85–604, § 3(a), Aug. 8, 1958, 72 Stat. 531.)
heading: Editorial Notes
heading: Amendments
text: 1958—Subsec. (b). Pub. L. 85–604 provided that it shall not be construed so as to exclude from eligibility a claim based upon a direct ownership interest in a corporation, association, or other entity, or the property thereof, for loss by reason of the nationalization, compulsory liquidation, or other taking, and permitted allowance of such claim without regard to the per centum of ownership vested in the claimant.
heading: Statutory Notes and Related Subsidiaries
heading: Reconsideration of Claims
text: Pub. L. 85–604, § 3(b), Aug. 8, 1958, 72 Stat. 531, provided that any claim heretofore denied under subsec. (b) of this section, prior to Aug. 8, 1958, would be reconsidered by the Foreign Claims Settlement Commission solely to redetermine its validity and amount.
22 U.S.C. § 1641o (FOREIGN RELATIONS AND INTERCOURSE)
§ 1641o. Time limitation on completion of affairs of Commission
(a) Claims against Russian nationals
The Commission shall complete its affairs in connection with the settlement of claims pursuant to section 1641d(a)(1) of this title not later than two years, and all other claims pursuant to this subchapter not later than four years, following August 9, 1955, or following the date of enactment of legislation making appropriations to the Commission for the payment of administrative expenses incurred in carrying out its functions under this subchapter, whichever date is later.
(b) Property taken in Bulgaria and Rumania; claims against Italy
The Commission shall complete its affairs in connection with the settlement of claims pursuant to paragraph (4) of section 1641b of this title and subsections (b) and (c) of section 1641c of this title not later than two years following July 24, 1968, or following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (4) of section 1641b of this title and subsections (b) and (c) of section 1641c of this title, whichever is later.
(c) Property taken in Hungary
The Commission shall complete its affairs in connection with the settlement of claims pursuant to paragraph (5) of section 1641b of this title not later than two years following the deadline established under subsection (c) of section 1641e of this title.
(Mar. 10, 1950, ch. 54, title III, § 316, as added Aug. 9, 1955, ch. 645, § 3, 69 Stat. 574; amended Pub. L. 90–421, § 1(14), July 24, 1968, 82 Stat. 423; Pub. L. 93–460, § 1(6), Oct. 20, 1974, 88 Stat. 1387.)
heading: Editorial Notes
heading: Amendments
text: 1974—Subsec. (c). Pub. L. 93–460 added subsec. (c).
1968—Pub. L. 90–421 designated existing provisions as subsec. (a) and added subsec. (b).