PRIA, Government Policy, Made Personal

Summary

The Secretary of the Treasury must pay up to the full award amount, plus any interest, when an award is certified. Payments and applications must follow rules the Secretary sets. From each payment covered by section 1627(c) the Treasury will keep 5 percent to pay government expenses and put that money into miscellaneous receipts. Also, for money placed into any special fund after July 24, 1968, the Secretary will take 5 percent for expenses and put it into miscellaneous receipts. Payments go only to the person(s) the award is for, with some exceptions. If the person is dead or legally unable to act, payment goes to their legal representative, except that payments of $1,000 or less can be paid to whoever the Secretary finds entitled if there is no executor. For ended partnerships or corporations, payment goes to whoever the Secretary finds entitled unless a court has appointed a receiver or trustee, in which case the court’s appointee is paid. If a receiver or trustee assigns the claim or award, the assignee may be paid. Once the Treasury finds and pays someone, no one else can recover that same payment from the United States. Anyone who applies for a payment agrees to these rules. Nothing here makes the United States responsible for someone’s claim against a foreign government.

Title 22, §1626

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Principal and interest; regulations

Subject to the limitations hereinafter provided, the Secretary of the Treasury is authorized and directed to pay, as prescribed by section 1627 of this title, an amount not exceeding the principal of each award, plus accrued interest on such awards as bear interest, certified pursuant to section 1624 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)Deductions; coverage into Treasury; reimbursement for expenses

(1)There shall be deducted from the amount of each payment made pursuant to subsection (c) of section 1627 of this title, as reimbursement for the expenses incurred by the United States, an amount equal to 5 per centum of such payment. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.

(2)The Secretary of the Treasury shall deduct from any amounts covered, subsequent to July 24, 1968, into any special fund, created pursuant to section 1627 of this title, 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 subchapter. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts.

(c)To whom made; exceptions

Payments made pursuant to this subchapter shall be made only to the person or persons on behalf of whom the award is made, except that—

(1)if any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates;

(2)in the case of a partnership or corporation, the existence of which has been terminated and on behalf of which an award is made, payment shall be made, except as provided in paragraphs (3) and (4) of this subsection, to the person or persons found by the Secretary of the Treasury to be entitled thereto;

(3)if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court;

(4)if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear; and

(5)in the case of any assignment of an award, or any part thereof, which is made in writing and duly acknowledged and filed, after such award is certified to the Secretary of the Treasury, payment may, in the discretion of the Secretary of the Treasury, be made to the assignee, as his interest may appear.

(d)Erroneous payments as bar to further recovery

Whenever the Secretary of the Treasury shall find that any person is entitled to any such payment, after such payment shall have been received by such person, it shall be an absolute bar to recovery by any other person against the United States, its officers, agents, or employees with respect to such payment.

(e)Acquiescence in conditions of subchapter

Any person who makes application for any such payment shall be held to have consented to all the provisions of this subchapter.

(f)Non-assumption of liability by United States on claims against foreign governments

Nothing in this subchapter shall be construed as the assumption of any liability by the United States for the payment or satisfaction, in whole or in part, of any claim on behalf of any national of the United States against any foreign government.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (c)(1), (2). Pub. L. 104–316, § 202(h)(1), substituted “Secretary of the Treasury” for “Comptroller General” in par. (1) and “Secretary of the Treasury” for “Comptroller General of the United States” in par. (2). Subsec. (d). Pub. L. 104–316, § 202(h)(2), struck out “, or the Comptroller General of the United States, as the case may be,” after “Secretary of the Treasury”. 1968—Subsec. (b). Pub. L. 90–421, § 1(2), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 90–421, § 1(3), substituted “any person to whom any payment is to be made pursuant to this subchapter” for “such person” and “, except that if any payment to be made is not over $1000” for “: Provided, That if the total award is not over $500”, and struck out “of the United States” after “Comptroller General”. 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”. 1953—Subsec. (b). Act Aug. 8, 1953, increased the amount deductible to cover expenses from 3 to 5 percent.

Statutory Notes and Related Subsidiaries

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

Executive Documents

Abolition of International Claims Commission and

Transfer of Functions

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.

§1626 Payments