3. International Claims Settlement Acts

a. International Claims Settlement Act of 1949, as amended Public Law 81-455 [H.R. 4406], 64 Stat. 12, approved March 10, 1950; as amended by Public Law 83-242 (H.R. 5742], 67 Stat. 506, approved August 8, 1953; Reorganization Plan No. 1, effective July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Public Law 84-285 [H.R. 6382], 69 Stat. 562, approved August 9, 1955; Public Law 85-604 [S. 3557], 72 Stat. 527, approved August 8, 1958; Public Law 85-791 [H.R. 6788], 72 Stat. 941 at 951, approved August 28, 1958; Public Law 88-666 [H.R. 12259], 78 Stat. 1110, approved October 16, 1964; Public Law 89-554 [H.R. 10104], 80 Stat. 378 at 656, approved September 6, 1966; Public Law 89-559 [H.R. 10104], 80 Stat. 378 at 656, approved November 6, 1966; Public Law 90–421 [H.R. 9063], 82 Stat. 420, approved July 4, 1968; Public Law 91-167 [H.R. 11711], 83 Stat. 435, approved December 24, 1969; Public Law 93-460 (H.R. 13261], 88 Stat. 1386, approved October 20, 1974; Public Law 94-542 [S. 3621], 90 Stat. 2509, approved October 18, 1976; Public Law 96-445 [H.R. 6440], 94 Stat. 1891, approved October 13, 1980; Public Law 96–606 (H.R. 5737], 94 Stat. 3534, approved December 28, 1980; Public Law 97-164 [H.R. 4482], 96 Stat. 25 at 49, approved April 2, 1982; Public Law 99-451 [H.R. 5506], 100 Stat. 1138, approved October 8, 1986; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331 at 1350, approved December 22, 1987; and by Public Law 100-352 [Review of Cases by the Supreme Court; S. 952], 102 Stat. 662 at 664, approved June 27, 1988; and by Public Law 102-572 [Court of Federal Claims Technical and Procedural Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved October 29, 1992

AN ACT To provide for the settlement of certain claims of the Government of the United States on its own behalf and on behalf of American nationals against foreign governments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "International Claims Settlement Act of 1949".

TITLE I1

Sec. 2.2 For the purposes of this Title

(a) The term "person" shall include an individual, partnership, corporation, or the Government of the United States.

(b) The term "United States" when used in a geographical sense shall include the United States, its Territories and insular possessions, and the Canal Zone.

(c) The term "nationals of the United States" includes (1) persons who are citizens of the United States, and (2) persons who, though not citizens of the United States, owe permanent allegiance to the United States. It does not include aliens.

(b) The term "Yugoslav Claims Settlement of 1948" means the agreements between the Governments of the United States of America and of the Federal People's Republic of Yugoslavia regard

ing pecuniary claims of the United States and its nationals, signed July 19, 1948.

Sec. 3.3 (a) 4* * * [Repealed-1966]

(b) 4 *** [Repealed-1966]

(c) The Commission 5 may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may

322 U.S.C. 1622.

Subsecs. (a) and (b) were repealed by sec. 8(a) of Public Law 89-554 (80 Stat. 656).

The International Claims Commission was abolished and its functions were transferred to the Foreign Claims Settlement Commission of the United States by Reorganization Plan No. 1, 1954, effective July 1, 1954 (19 F.R. 3985; 68 Stat. 1279). Section 1 of Reorganization Plan No. 1 read:

"Foreign CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

"SECTION 1. Establishment of Commission.-There is hereby established the Foreign Claims Settlement Commission of the United States, hereinafter referred to as the Commission. The Commission shall be composed of three members, who shall each be appointed by the President by and with the advice and consent of the Senate, hold office during the pleasure of the President, and receive compensation at the rate of $15,000 per annum. The President shall from time to time designate one of the members of the Commission as the Chairman of the Commission, hereinafter referred to as the Chairman. Two members of the Commission shall constitute a quorum for the transaction of the business of the Commission."

The Foreign Claims Settlement Commission was transferred by Public Law 96-209 (94 Stat. 96) to the Department of Justice. Public Law 96-209 provides the following:

"SEC. 101. The Foreign Claims Settlement Commission of the United States, established under Reorganization Plan Numbered 1 of 1954, is hereby transferred to the Department of Justice as a separate agency within that Department.

"SEC. 102. All functions, powers, and duties of the Foreign Claims Settlement Commission established by Reorganization Plan Numbered 1 of 1954 are hereby transferred with the Commission, together with personnel, assets, liabilities, unexpended balances of appropriations, authorizations, allocations, and other funds held, used, available, or to be made available in connection with the statutory functions of the Commission. The Commission shall continue to perform its functions as provided by the War Claims Act of 1948, as amended, the International Claims Settlement Act of 1949, as amended, and Reorganization Plan Numbered 1 of 1954.

"SEC. 103. (a) 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, United States Code.

"(b) 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, United States Code, 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) 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) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, members of the Foreign Claims Settlement Commission who are serving on the effective date of this Act, shall continue to serve in their same capacities until the expiration of the terms to which they were appointed.

"SEC. 104. The Commission is authorized, in accordance with civil service laws and in accordance with title 5 of the United States Code, to appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. The Commission is authorized to employ experts and consultants in accordance with section 3109 of title 5 of the United States Code, without compensation or at rates of compensation not in excess of the maximum daily rate prescribed for GS-18 under section 5332 of title 5 of the United States Code. Notwithstanding any other provision of law, the Commission is further authorized to employ nationals of other countries who may possess special knowledge, languages, or other expertise necessary to assist the Commission. The Commission is authorized to pay expenses of packing, shipping, and storing personal effects of personnel of the Commission assigned abroad, and to pay allowances and benefits similar to those provided by title IX of the Foreign Service Act of 1946, as amended. The Commission is authorized, with the consent of the head of any other department or agency of the Federal Government, to utilize the facilities and services of such department or

employees of any depa

the head of such dep

In carrying out the functions of the Commission. Officers and cy of the Federal Government may, with the consent of be assigned to assist the Commission in carrying out

delegate functions to any member, officer, or employee of the Commission. The President may fix a termination date for the authority of the Commission, and the terms of office of its members under this Title. Any member of the Commission may be removed by the Secretary of State, upon notice and hearing, for neglect of duty, or malfeasance in office, but for no other cause. Not later than six months after its organization, and every six months thereafter, the Commission shall make a report, through the Secretary of State,6 to the Congress concerning its operations under this Title. The Commission shall, upon completion of its work, certify in duplicate to the Secretary of State and to the Secretary of the Treasury the following: (1) A list of all claims disallowed; (2) a list of all claims allowed, in whole or in part, together and with the amount of each claim and the amount awarded thereon; and (3) a copy of the decision rendered in each case. No member of such Commission shall be appointed after the effective date of this Title until such Commission is reorganized by further Act of Congress but acting members may be designated by the President as provided by this section, who shall receive no compensation from the funds appropriated by H.R. 6200 for defraying the expenses of such Commission.7

Sec. 4.8 (a) The Commission shall have jurisdiction to receive, examine, adjudicate, and render final decisions with respect to claims of the Government of the United States and of nationals of the United States included within the terms of the Yugoslav Claims Agreement of 1948, or included within the terms of any claims agreement hereafter concluded between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof.

its functions. The Commission shall reimburse such department and agency for the pay of such officers or employees.

"SEC. 105. 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.

"SEC. 106. 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 Depart ment 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.

"SEC. 107. 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, the International Claims Settlement Act of 1949, as amended, 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."

The functions of the Secretary of State under these sentences were abolished and transferred to the Foreign Claims Settlement Commission by Reorganization Plan No. 1, 1954. Public Law 89-348 (79 Štat. 1310) modified this reporting requirement from semiannual to annual submission.

7H.R. 6200 is the Supplemental Appropriation Act, 1954, Act of Aug. 7, 1953, (67 Stat. 418). 822 U.S.C. 1623.

mission under this title shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this title, on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.

(g) The Attorney General shall assign such officers and employees of the Department of Justice as may be necessary to represent the United States as to any claims of the Government of the United States with respect to which the Commission has jurisdiction under this title. Any and all payments required to be made by the Secretary of the Treasury under this title pursuant to any award made by the Commission to the Government of the United States shall be covered into the Treasury to the credit of miscellaneous receipts.

(h) The Commission shall notify all claimants of the approval or denial of their claims, stating the reasons and grounds therefor, and, if approved, shall notify such claimants of the amount for which such claims are approved. Any claimant whose claim is denied, or is approved for less than the full amount of such claim, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission, or its duly authorized representatives, with respect to such claim. Upon such hearing, the Commission may affirm, modify, or revise its former action with respect to such claim, including a denial or reduction in the amount theretofore allowed with respect to such claim. The action of the Commission in allowing or denying any claim under this title shall be final and conclusive of all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.

(i) The Commission may in its discretion enter an award with respect to one or more items deemed to have been clearly established in an individual claim while deferring consideration and action on other items of the same claim.

(j) The Commission shall comply with the provisions of the Administrative Procedure Act of 1946 except as otherwise specifically provided by this title.

(k) 11 In exercising authority granted after the date of the enactment of this subsection under this or any other Act, the Commission, in determining the value of claims of the Government of the United States or of nationals of the United States (as defined in this Act or such other Act) against any foreign government for losses arising from the nationalization or other taking of property,

tion which, when added to any amount previously paid on account of such services, will exceed the amount of fees so determined by the Commission, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both, and if any such payment shall have been made or granted, the Commission shall take such action as may be necessary to recover the same, and, in addition thereof, any such person shall forfeit all rights under this title.".

11 Public Law 99-451 (100 Stat. 1138) added subsec. (k).

shall comply with the principles set forth in subsection (a)(2) of this section.

Sec. 5.12 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 Title. 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 4 of this Act for transmission to the foreign government concerned.

Sec. 6.13 The Commission shall complete its affairs in connection with settlement of United States-Yugoslav claims arising under the Yugoslav Claims Agreement of 1948 not later than December 31, 1954; 14 Provided, That nothing in this provision shall be construed to limit the life of the Commission, or its authority to act on future agreements which may be affected under the provisions of this legislation.

Sec. 7.15 (a) Subject to the limitations hereinafter provided, the Secretary of the Treasury is authorized and directed to pay, as prescribed by section 8 of this Title, an amount not exceeding the principal of each award, plus accrued interests on such awards as bear interest, certified pursuant to section 5 of this Title, in accordance with the award. Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe.

(b) 16 (1) There shall be deducted from the amount of each payment made pursuant to subsection (c) of section 8, as reimbursement for the expenses incurred by the United States, an amount equal to 5 17 per centum of such payment. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.

(2) 16 The Secretary of the Treasury shall deduct from any amounts covered, subsequent to the date of enactment of this paragraph, into any special fund, created pursuant to section 8, 5 per centum thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Treasury Department in the administration of this Title. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.

(c) Payments made pursuant to this Title shall be made only to the person or persons on behalf of whom the award is made, except that

(1) 18 if any person to whom any payment is to be made pursuant to this title is deceased or is under a legal disability,

12 22 U.S.C. 1624.

13 22 U.S.C. 1625.

14 Public Law 83-242 (67 Stat. 506) substituted "December 31, 1954;" for "not more than four years following enactment of this Act;" (March 10, 1956).

15 22 U.S.C. 1626.

16 Subsec. (b) was amended by sec. 2 of Public Law 90-421 (82 Stat. 420) by inserting "(1)" after the subsection letter and adding at the end thereof, new paragraph (2).

17 Public Law 83-242 (67 Stat. 506) substituted "5" for “3”.

18 Par. (1) was amended by sec. 3 of Public Law 90-421 (82 Stat. 420). Par. (1) formerly read as follows:

Continued