
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC1622]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
             CHAPTER 21--SETTLEMENT OF INTERNATIONAL CLAIMS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 1622. Establishment of Commission


(a), (b) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 
        656

(c) Rules and regulations; termination date; removal of personnel; 
        reports

    The Commission may prescribe such rules and regulations as may be 
necessary to enable it to carry out its functions, and may 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 
subchapter. 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, to the Congress concerning its 
operations under this subchapter. 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 with the amount of each claim and the amount awarded thereon; 
and (3) a copy of the decision rendered in each case.

(Mar. 10, 1950, ch. 54, title I, Sec. 3, 64 Stat. 13; Aug. 8, 1953, ch. 
396, Sec. 3, 67 Stat. 506; 1954 Reorg. Plan No. 1, Secs. 1, 2, 4, eff. 
July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug. 9, 1955, ch. 645, 
Secs. 1, 2, 69 Stat. 562; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 
Stat. 656, 657.)

                       Annual Submission of Report

        Pub. L. 89-348, Sec. 2(7), Nov. 8, 1965, 79 Stat. 1312, modified 
    subsection (c) of this section to require annual submission instead 
    of semiannual submission to the Congress by the Foreign Claims 
    Settlement Commission of its report concerning its operations under 
    the International Claims Settlement Act of 1949.


References to This Subchapter Deemed To Include Section 119 of H.R. 2076

    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.


                               Amendments

    1966--Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which related 
to the composition, appointment, chairman, quorum, and acting members of 
the Commission.
    Subsec. (b). Pub. L. 89-554 repealed subsec. (b) which provided for 
the principal office of the Commission, and for the appointment and 
compensation of personnel.
    Subsec. (d). Pub. L. 89-554 repealed subsec. (d) which related to a 
limitation on additional appointments to the Commission.
    1955--Act Aug. 9, 1955, Sec. 1, amended credit to section by 
designating act Mar. 10, 1950, as ``title I''.
    Subsec. (c). Act Aug. 9, 1955, Sec. 2, substituted ``subchapter'' 
for ``chapter''.
    1953--Act Aug. 8, 1953, added par. at end which was editorially 
designated as subsec. (d).

              Abolition of International Claims Commission

    International Claims Commission of the United States abolished by 
Reorg. Plan No. 1 of 1954, Sec. 4(a), eff. July 1, 1954, 19 F.R. 3985, 
68 Stat. 1279, set out as a note below.

              Abolition of Functions of Secretary of State

    The functions of the Secretary of State under the third and fourth 
sentences of subsec. (c) of this section were abolished by Reorg. Plan 
No. 1 of 1954, Sec. 4(b), eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 
1279, set out as a note below.

                REORGANIZATION PLAN NO. 1 OF 1954

         Eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, April 29, 1954, pursuant to 
    the provisions of the Reorganization Act of 1949, approved June 20, 
    1949, as amended [see 5 U.S.C. 901 et seq.].

    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.


                      Sec. 2. Transfer of Functions

    (a) All functions of the War Claims Commission and of the members, 
officers, and employees thereof are hereby transferred to the Foreign 
Claims Settlement Commission of the United States.
    (b) All functions of the International Claims Commission of the 
United States (hereinafter referred to as the International Claims 
Commission) and the members, officers, and employees thereof are hereby 
transferred to the Foreign Claims Settlement Commission of the United 
States.
    (c) The functions of the Secretary of State and of the Department of 
State with respect to the International Claims Commission and its 
affairs, exclusive of the functions of the said Secretary and Department 
under sections 3(c), 4(b), and 5, and the first sentence of section 
8(d), of the International Claims Settlement Act of 1949, 64 Stat. 12, 
as amended [22 U.S.C. 1622(c), 1623(b), 1624, and 1627(d)], are hereby 
transferred to the Commission.
    (d) The functions of the Commissioner provided for in the Joint 
Resolution approved August 4, 1939, ch. 421, 53 Stat. 1199, together 
with the functions of the Secretary of State under section 2 thereof, 
are hereby transferred to the Commission.


                  Sec. 3. Certain Functions of Chairman

    There are hereby vested in the Chairman all functions of the 
Commission with respect to the internal management of the affairs of the 
Commission, including but not limited to functions with respect to: (a) 
the appointment of personnel employed under the Commission, (b) the 
direction of employees of the Commission and the supervision of their 
official activities, (c) the distribution of business among employees 
and organizational units under the Commission, (d) the preparation of 
budget estimates, and (e) the use and expenditure of funds of the 
Commission available for expenses of administration.


                           Sec. 4. Abolitions

    (a) The War Claims Commission provided for in the War Claims Act of 
1948, 62, Stat. 1240, as amended [50 App. U.S.C. 2001 et seq.] and the 
International Claims Commission, provided for in the International 
Claims Settlement Act of 1949, as amended [22 U.S.C. 1621-1627], 
including the offices of the members of each of the said commissions, 
and the office of Commissioner provided for in the aforesaid Joint 
Resolution of August 4, 1939, are hereby abolished.
    (b) The functions of the Secretary of State under the third and 
fourth sentences of section 3(c) of the International Claims Settlement 
Act of 1949, as amended [22 U.S.C. 1622(c)], are hereby abolished.


                    Sec. 5. Authorization To Delegate

    The Commission is hereby authorized to delegate any of its functions 
to one or more persons designated by the Commission from among the 
members of the Commission and the officers and employees serving under 
the Commission.


                     Sec. 6. Transitional Provisions

    (a) Any person who is a member or acting member of the War Claims 
Commission or of the International Claims Commission immediately prior 
to the taking effect of the provisions of this reorganization plan may 
be designated by the President as an acting member of the Foreign Claims 
Settlement Commission of the United States in respect of an office of 
member the initial appointment to which has not then been made under 
section 1 of this reorganization plan. Each such acting member of the 
said Foreign Claims Settlement Commission shall perform the duties and 
receive the compensation of member. Unless sooner terminated, the tenure 
of any acting member designated hereunder shall terminate when the 
office of member concerned is filled in pursuance of section 1 hereof, 
or 120 days after the effective date of this reorganization plan, 
whichever is earlier.
    (b) The Chairman shall make such provisions as may be necessary with 
respect to winding up any affairs of the agencies abolished by the 
provisions of this reorganization plan not otherwise provided for 
herein.
    (c) So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, held, 
used, available, or to be made available, in connection with the 
functions transferred by section 2 of this reorganization plan as the 
Director of the Bureau of the Budget shall determine shall be 
transferred to the Commission at such time or times as the said Director 
shall direct.
    (d) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall deem to be necessary in order to effectuate 
the transfers provided for in subsection (c) of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate.


                         Sec. 7. Effective Date

    The provisions of this reorganization plan shall take effect on the 
date determined under section 6(a) of the Reorganization Act of 1949, as 
amended or the first day of July, 1954, whichever is later.
    [For provisions transferring the Foreign Claims Settlement 
Commission of the United States as a separate agency within the 
Department of Justice, see 22 U.S.C. 1622a et seq.]


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 1 of 1954, prepared in 
accordance with the Reorganization Act of 1949, as amended.
    The reorganization plan establishes a new Government agency, the 
Foreign Claims Settlement Commission of the United States; transfers to 
that Commission the functions of the War Claims Commission and of the 
International Claims Commission of the United States; and abolishes the 
latter two Commissions.
    The Foreign Claims Settlement Commission will be composed of three 
members appointed by the President by and with the advice and consent of 
the Senate. The President will designate one of the members as Chairman 
of the Commission. The Chairman will be responsible for the internal 
management of the affairs of the Commission. The reorganization plan 
contains provisions designed to assure smooth administration of 
functions during the period of transition to the new organization.
    The War Claims Commission was created as a temporary agency by the 
War Claims Act of 1948. The Commission was made responsible for settling 
certain claims of former United States World War II prisoners of war, 
civilian internees captured or in hiding to avoid capture in the 
Philippines, Guam, Wake Island, and the Midway Islands, and certain 
religious organizations in the Philippines which had aided American 
forces during the war. In 1952, the Commission was assigned, 
additionally, the administration of claims of Philippine religious 
organizations which sustained losses of their educational, medical, and 
welfare facilities in the war, and of benefits to United States 
prisoners of war for inhumane treatment during internment by the enemy.
    From its inception in 1949 to April 1, 1954, approximately 500,000 
claims were filed with the War Claims Commission, and approximately $134 
million was paid to claimants. Approximately 96,000 remaining claims are 
in the process of settlement, and the Commission must complete action on 
them, together with such appeals as may be filed, by March 31, 1955.
    The International Claims Commission was established within the 
Department of State by the International Claims Settlement Act of 1949. 
Its immediate function was to adjudicate claims covered by a settlement 
of $17 million which was deposited with the Government of the United 
States by the Yugoslav Government primarily to compensate our nationals 
for losses sustained through nationalization of properties. The act also 
authorized the Commission to settle such claims as might be included 
later in any similar agreement between the United States and a foreign 
government. Subsequently, the Commission was assigned the administration 
of a $400,000 settlement negotiated with the Government of Panama.
    From its establishment in 1950 to April 1, 1954, the International 
Claims Commission has settled 531 claims out of a total of 1,622 filed. 
Of this total, 1,555 claims were against Yugoslavia and 67 were against 
Panama. Under the act, settlement of the remaining Yugoslav claims must 
be completed by December 31, 1954.
    The accompanying reorganization plan has substantial potential 
advantages. The Foreign Claims Settlement Commission will be able to 
administer any additional claims programs financed by funds derived from 
foreign governments without the delay which has often characterized the 
initiation of past programs. Moreover, the use of an existing agency 
will be more economical than the establishment of a new commission to 
administer a given type of foreign claims program. Consolidation of the 
affairs of the two present Commissions will also permit the retention 
and use of the best experience gained during the last several years in 
the field of claims settlement. The declining workload of current 
programs can be meshed with the rising workload of new programs with 
maximum efficiency and effectiveness.
    A proposed new claims program now pending before the Senate would 
provide benefits similar to those paid to World War II victims under the 
War Claims Act for losses and internments resulting from hostilities in 
Korea. The executive branch of the Government has recommended approval 
of this program by the Congress. I now suggest that this program be 
assigned by law to the Foreign Claims Settlement Commission.
    There should also be assigned to this new Commission the settlement 
of such of the claims programs as may be authorized from among those 
recommended by the War Claims Commission in its report made pursuant to 
section 8 of the War Claims Act. That report, posing many complex 
policy, legal, and administrative problems, is now being reviewed by 
executive agencies; and recommendations will soon be sent to the 
Congress.
    By peace treaties and an international agreement, the United States 
has acquired the right to utilize certain external assets and settlement 
funds of several countries. A total of about $39 million is available to 
indemnify claims of United States nationals against the Governments of 
Rumania, Hungary, Bulgaria, and Italy, arising out of war damage or 
confiscations in those countries. In addition, claims growing out of 
United States losses from default on obligations and nationalization of 
properties may be settled by awards from $9 million realized from an 
agreement made in 1933 with the Soviet Union, known as the Litvinov 
assignment. Action by the Congress is necessary before these various 
funds may be assigned for settlement, and recommendations of the 
executive branch in this connection will be transmitted at an early 
date.
    In addition to the reorganizations I have described, the 
reorganization plan transfers to the Foreign Claims Settlement 
Commission the functions of the Commissioner provided for in the joint 
resolution of August 4, 1939. These functions involve the receipt and 
administration of claims covered by the Litvinov assignment. The office 
of Commissioner, for which funds have never been appropriated and which 
has never been filled, is abolished.
    The reorganization plan does not transfer the war claims fund or the 
Yugoslav claims fund from the Department of the Treasury, or divest the 
Secretary of the Treasury of any functions under the War Claims Act of 
1948, as amended, or under the International Claims Settlement Act of 
1949, as amended. It does not limit the responsibility of the Secretary 
of State with respect to the conduct of foreign affairs. The 
reorganizations contained in the reorganization plan will not prejudice 
any interest or potential interest of any claimant.
    After investigation, I have found and hereby declare that each 
reorganization included in the accompanying reorganization plan is 
necessary to accomplish one or more of the purposes set forth in section 
2(a) of the Reorganization Act of 1949, as amended. I have also found 
and hereby declare that it is necessary to include in the accompanying 
reorganization plan, by reason of reorganizations made thereby, 
provisions for the appointment and compensation of officers specified in 
section 1 of the plan. The rate of compensation fixed for each of these 
officers is that which I have found to prevail in respect of comparable 
officers in the executive branch of the Government.
    The statutory citation for certain functions of the Secretary of 
State with respect to the International Claims Commission which are 
abolished by the reorganization plan, is the third and fourth sentences 
of section 3(c) of the International Claims Settlement Act of 1949 (64 
Stat. 13), as amended.
    It is at this time impracticable to specify the reductions of 
expenditures which it is probable will be brought about by the taking 
effect of the reorganizations contained in the plan.
    Reorganization Plan No. 1 of 1954 provides a single agency for the 
orderly completion of present claims programs. In addition, it provides 
an effective organization for the settlement of future authorized claims 
programs by utilizing the experience gained by present claims agencies. 
It provides unified administrative direction of the functions concerned, 
and it simplifies the organizational structure of the executive branch. 
I urge that the Congress allow the reorganization plan to become 
effective.
                                                   Dwight D. Eisenhower.

    The White House, April 29, 1954.
