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1976/10/18 S3621 Amendment to the International Claims Settlement Act of 1949
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1976/10/18 S3621 Amendment to the International Claims Settlement Act of 1949
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Foreign Claims Settlement Commission of the United States. 7/1/1954-1980
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The original documents are located in Box 65, folder "10/18/76 S3621 Amendment to the
International Claims Settlement Act of 1949" of the White House Records Office:
Legislation Case Files at the Gerald R. Ford Presidential Library
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 65 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED OCT 18
&10/18/76
THE WHITE HOUSE
ACTION
WASHINGTON
October 17, 1976
Last Day: October 19
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
S. 3621 - Amendment to the International
10/19/26
Claims Settlement Act of 1949
Attached for your consideration is S. 3621, sponsored by
Senator Sparkman.
10/19/16
Upon the establishment of diplomatic relations between the
U.S. and the German Democratic Republic in 1974, it was agreed
that the two governments would enter into negotiations for
the settlement of U.S. property claims. The Foreign Claims
Settlement Commission estimates that approximately 6,000
Americans have been waiting 30 years for compensation for
property losses in East Germany.
The enrolled bill would authorize the Commission to determine
the validity and amount of claims against the German Democratic
Republic which derive from the expropriation, nationalization
or other taking of, or special measure directed against,
property owned by nationals of the United States. The bill
would allow the Commission four years to complete its work.
With one exception the enrolled bill is substantially the
same as a draft bill that the State Department submitted to
Congress earlier this year. That exception, an amendment by
Senator Hruska, would direct the Commission to reconsider
certain awards from previous claims programs. The Commission
has stated that this amendment could be implemented within
the Commission's present resources.
A detailed explanation of the provisions of the enrolled bill
is provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), NSC and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 3621 at Tab B.
OF THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
PRODUCTIVE
AND
STATES
WASHINGTON, D.C. 20503
OCT 11 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3621 - Amendment to the
International Claims Settlement Act of 1949
Sponsor - Sen. Sparkman (D) Alabama
Last Day for Action
October 19, 1976 - Tuesday
Purpose
Authorizes the determination of claims of United
States nationals against the German Democratic
Republic.
Agency Recommendations
Office of Management and Budget
Approval
Department of State
Approval
Foreign Claims Settlement Commission
Approval
National Security Council
Approval(Informally)
Department of the Treasury
Approval
Department of Justice
Defers to State and
the Foreign Claims
Settlement Commission
Discussion
Upon the establishment of diplomatic relations
between the United States and the German Demo-
cratic Republic in 1974, it was agreed that the
two governments would enter into negotiations
for the settlement of U.S. property claims. The
Foreign Claims Settlement Commission (the
Commission) estimates that approximately 6,000
Americans have been waiting 30 years for com-
pensation for property losses in East Germany.
2
S. 3621 would authorize the Commission to determine the
validity and amount of claims against the German Democratic
Republic which derive from the expropriation, nationalization,
or other taking of, or special measures directed against,
property owned by nationals of the United States. This
determination would be used by the Department of State in
negotiating a lump-sum settlement agreement with the
Government of the German Democratic Republic. The proceeds
from such a settlement would be deposited in a special
claim fund in the Treasury. The Treasury would make payments
from the fund in accordwith awards made by the Commission.
Payment would be made in full for all Commission awards of
amounts up to $1,000, and payments would be made in proportion
to the remaining balance in the claim fund for all amounts
in excess of $1,000.
The enrolled bill would allow the Commission four years to
complete its work in validating claims and determining
amounts of awards. Although S. 3621 would not authorize
the appropriation of any public funds for payment of
Commission awards, it would authorize appropriations for
administrative expenses for Treasury and the Commission
in carrying out their functions with respect to these claims.
The bill would also direct the Secretary of the Treasury to
transfer to the miscellaneous receipts of the Treasury
5 percent of any revenues paid into the special claim fund
to offset administrative expenses.
With one exception. S. 3621 is substantially the same as
a draft bill that the State Department submitted to Congress
earlier this year. That exception, an amendment by
Senator Hruska, would direct the Commission to reconsider
certain awards from previous claims programs. The Commission
has stated that this amendment could be implemented within
the Commission's present resources.
In its enrolled bill letter, the Foreign Claims Settlement
Commission strongly recommends your approval of H.R. 3621.
The Commission does note, however, that funds authorized
by H.R. 3621 for administrative expenses related to pread-
judication of these claims against East Germany are not
included in its FY 1977 appropriation. The Commission
has requested a 1977 supplemental and an increased 1978
appropriation to cover these expenses, if you approve this
bill. Finally, the Commission's letter states:
3
"The Commission considers it to be important that
this claims program be inaugurated at an early
date so that the Department of State may commence
some meaningful negotiations with the German Demo-
cratic Republic. The preadjudication process will
substantially shorten the period of time within
which payments may be made to these American citizens
who have waited for about 30 years for the receipt
of compensation for their property losses."
Jo T. Lynn
Director
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
19
October 11
Date:
Time:
1000pm
FOR ACTION:
NSC/S
CC (for information): Jack Marsh
Max Friedersdorf
Ed Schmults
Bobbie Kilbergo
Steve McOonahey defa
FROM THE STAFF SECRETARY
DUE: Date:
October 13
Time: 500pm
SUBJECT:
S.3621-Amendment to the International Claims Settlement
Act of 1949
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnstongground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
DEPARTMENT OF STATE
Washington, D.C. 20520
OCT 6 1976
Dear Mr. Lynn:
This is in reply to Mr. Frey's Enrolled Bill
Request of October 4, 1976, inviting the recommenda-
tions of the Department of State on enrolled bill
S. 3621 (H.R. 14642). The legislation was an Execu-
tive Proposal, and the Congress has adopted it
without substantive change. Representatives of the
Foreign Claims Settlement Commission and the Depart-
ment of State spoke in support of this legislation,
which had been initially drafted by the two agencies,
when the legislation was before the Senate and House
committees.
The legislation would add a new Title VI to the
International Claims Settlement Act of 1949, authoriz-
ing the Foreign Claims Settlement Commission to receive
and adjudicate claims of United States nationals
arising out of the nationalization, expropriation or
other taking, or special measures directed against
their property by the German Democratic Republic.
These provisions correspond closely to those of
Titles IV and V of the Act, relating to the Czecho-
slovakian and the Cuban and Chinese claims programs.
The legislation does not provide that the awards of
the Commission respecting claims against the German
Democratic Republic would be compensated out of public
funds. The awards would, however, be used in our
negotiations with the German Democratic Republic as
a determination of the validity and amount of United
States claims.
The Honorable
James T. Lynn,
Director, Office of
Management and Budget.
2
The Department of State favors this legislation and
strongly recommends that the President sign the bill into
law. I should add that Ambassador Cooper, who has been
actively involved in this matter, firmly believes this
legislation should be approved.
Sincerely,
Kemplan & Kempton B Junta Jenkins
Acting Assistant Secretary
for Congressional Relations
FOREIGN CLAIMS SETTLEMENT COMMISSION
OF THE UNITED STATES
WASHINGTON, D.C. 20579
OFFICE
OF THE CHAIRMAN
October 6, 1976
Honorable James T. Lynn
Director
Office of Management and Budget
Executive Office of the President
Washington, DC 20503
Attention: Ms. Ramsey
Room 7201
New Executive Office Building
Dear Mr. Lynn:
In compliance with the request of Mr. James M. Frey,
Assistant Director for Legislative Reference, dated October 4,
1976, the Foreign Claims Settlement Commission has examined
the facsimile of the enrolled bill, S. 3621, 94th Congress,
Second Session, entitled, "An Act to amend the International
Claims Settlement Act of 1949, to provide for the determi-
nation of the validity and amounts of claims of nationals of
the United States against the German Democratic Republic."
The bill was jointly submitted to the Congress for
consideration on behalf of the Administration by the Depart-
ment of State and the Foreign Claims Settlement Commission.
Representatives of both agencies testified in favor of this
proposal before the appropriate Committees of the House of
Representatives and the Senate.
The purpose of the enrolled bill is to add a new title
(Title VI) to the International Claims Settlement Act of
1949, as amended, to enable the determination by the Com-
mission of certain claims of nationals of the United States
against the German Democratic Republic which arose out of the
nationalization, expropriation, or other taking of, or special
measures directed against property owned by nationals of the
United States. The Commission anticipates approximately 6,000
claims will be filed for such losses.
Presently, there are no funds available for the payment
of claims that may be found valid under the terms of the
enrolled bill. In effect, the bill authorizes a pre-settlement
adjudication by the Foreign Claims Settlement Commission in
order to ascertain the validity and amounts of claims of United
States nationals. These findings are important for use by the
Hon. James T. Lynn
- 2 -
Department of State in future negotiations with representatives
of the Government of the German Democratic Republic in an
effort to reach an equitable settlement of those claims for the
loss of American-owned property.
However, the bill does authorize the establishment of a
claims fund in the United States Treasury to be composed of
such funds as may be paid to the United States by the German
Democratic Republic, pursuant to the terms of any claims
settlement agreement that may be entered into by the two
governments. This special fund will be used to pay claims as
determined by the Commission and certified to the Secretary
of the Treasury for payment. Also authorized under the bill
is a deduction of 5% from any amount covered into the claims
fund to reimburse the United States for administrative
expenses incurred by the Commission and the Treasury Depart-
ment in connection with the program.
No funds for the administrative expenses of the program
are currently included in the FY 1977 appropriation. However,
the enrolled bill does authorize such appropriation. The
Commission plans to submit a supplemental budget request
early in the First Session of the 95th Congress. Additionally,
the Commission's FY 1978 budget request will include funds
for the program.
The enrolled bill differs somewhat from the Administration's
proposal in that section 615 of the enrolled bill entitled
"Protests" was added on the floor of the Senate during the debate
and passage of the bill in that chamber. This section provides
for the reopening of claims on which awards were granted under
Title II of the War Claims Act of 1948, as amended, during the
last calendar days of the Commission's authority for that
program under Public Law 87-846, approved October 22, 1962
(76 Stat. 1107). Any increase in awards which might be
determined under this provision would be certified to the
Treasury for payment out of any monies available in the War
Claims Fund. The Commission does not anticipate any sizable
new workload under the provisions of this section and, there-
fore, the activity generated will be handled by the present
staff and without additional appropriations.
Under the provisions of section 615, the Commission has
30 days after enactment of the enrolled bill to publish notice
in the Federal Register. Any protests must be filed within 90
days after publication of such notice. Such protests must be
acted upon within 30 days after their receipt.
Hon. James T. Lynn
- 3 -
The Commission considers it to be important that this
claims program be inaugurated at an early date so that the
Department of State may commence some meaningful negotiations
with the German Democratic Republic. The preadjudication
process will substantially shorten the period of time within
which payments may be made to these American citizens who have
waited for about 30 years for the receipt of compensation for
their property losses.
Therefore, the Foreign Claims Settlement Commission
recommends that the President approve the enrolled bill, S. 3621.
Sincerely,
RaymondBell J. Raymond Bell
Chairman
OF
THE TREASURY THE
THE DEPUTY SECRETARY OF THE TREASURY
WASHINGTON, D.C. 20220
1789
OCT 7 1976
Director, Office of Management and Budget
Executive Office of the President
Washington, D. C. 20503
Attention: Assistant Director for Legislative
Reference
Sir:
Reference is made to your request for the views of this Department
on the enrolled enactment of S. 3621, "To amend the International Claims
Settlement Act of 1949 to provide for the determination of the validity
and amounts of claims of nationals of the United States against the
German Democratic Republic. "
We first note that the addition of the new title VI to the Inter-
national Claims Settlement Act of 1949 is not to be construed as
authorizing or as any intention to authorize an appropriation by the
United States for the purpose of paying such claims.
Section 607(a) of the enrolled enactment would provide that the
Secretary of the Treasury is authorized to establish in the Treasury
a fund for the payment of unsatisfied claims as authorized by the new
title. Section 607(b) would provide that the Secretary of the Treasury
shall deduct from any amounts covered into the fund an amount equal to
5 percent thereof as reimbursement to the Government of the United States
for expenses incurred in the administration of title VI. The amounts
so deducted shall be covered into the Treasury to the credit of miscel-
laneous receipts. We have no objection to these provisions of section 607.
The Department recommends that the enrolled enactment be approved
by the President.
Sincerely yours,
Crodidors George H. Dixon
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
October 6, 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
In compliance with your request, I have examined a facsimile
of the enrolled bill (s. 3621), "To amend the International Claims
Settlement Act of 1949 to provide for the determination of the
validity and amounts of claims of nationals of the United States
against the German Democratic Republic."
The bill would amend the International Claims Settlement Act
of 1949, as amended, by adding thereto a new Title VI, to provide
for the determination of certain claims of nationals of the
United States against the German Democratic Republic arising from
the nationalization, expropriation, or other taking of (or special
measures directed against) property owned by nationals of the
United States. The claims would be received and determined by
the Foreign Claims Settlement Commission; the payment of awards
thereunder would be made from funds to be paid to the United States
by the German Democratic Republic pursuant to some future agreement.
The Department of Justice defers to the Department of State
and the Foreign Claims Settlement Commission as to whether this
bill should receive Executive approval.
Sincerely,
Wichoal the Whenom
MICHAEL M. UHLMANN
Assistant Attorney General
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
INSURE
STINAS
WASHINGTON, D.C. 20503
10-6:00pm.
OCT 11 1976
g
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3621 - Amendment to the
International Claims Settlement Act of 1949
Sponsor - Sen. Sparkman (D) Alabama
Last Day for Action
October 19, 1976 - Tuesday
Purpose
Authorizes the determination of claims of United
States nationals against the German Democratic
Republic.
Agency Recommendations
Office of Management and Budget
Approval
Department of State
Approval
Foreign Claims Settlement Commission
Approval
National Security Council
Approval(Informally)
Department of the Treasury
Approval
Department of Justice
Defers to State and
the Foreign Claims
Settlement Commission
Discussion
Upon the establishment of diplomatic relations
between the United States and the German Demo-
cratic Republic in 1974, it was agreed that the
two governments would enter into negotiations
for the settlement of U.S. property claims. The
Foreign Claims Settlement Commission (the
Commission) estimates that approximately 6,000
Americans have been waiting 30 years for com-
pensation for property losses in East Germany.
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
October 11
Time:
1000pm
FOR ACTION:
cc (for information):
Jack Marsh
Max Friedersdorf
Ed Schmults
Bobbie Kilberg
Steve McConahey
FROM THE STAFF SECRETARY
DUE: Date:
October 13
Time: 500pm
SUBJECT:
S.3621-Amendment to the International Claims Settlement
Act of 1949
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
apport Killey 10/12/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
James L. Cannon
delay in submitting the required material, please
of the President
telephone the Staff Secretary immediately.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
October 11
Time:
1000pm
FOR ACTION:
cc (for information): Jack Marsh
Max Friedersdorf
Ed Schmults
Bobbie Kilberg
Steve McConahey
FROM THE STAFF SECRETARY
DUE: Date:
October 13
Time: 500pm
SUBJECT:
S.3621-Amendment to the International Claims Settlement
Act of 1949
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
Decommend approval
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
M. Cannon
delay in submitting the required material, please
of the President
telephone the Staff Secretary immediately.
Calendar No. 1121
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1188
EAST GERMAN CLAIMS PROGRAM
AUGUST 30 (legislative day, AUGUST 27), 1976.-Ordered to be printed
Mr. SPARKMAN, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany S. 3621]
The Committee on Foreign Relations, to which was referred the bill
(S. 3621) to amend the International Claims Settlement Act of 1949 to
provide for the determination of the validity and amounts of claims
of nationals of the United States against the German Democratic Re-
public, having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE AND PROVISIONS
The purpose of S. 3621 is to add a new Title VI to the International
Claims Settlement Act of 1949 which would authorize the Foreign
Claims Settlement Commission to receive and determine the validity
and amounts of claims by nationals of the United States against the
German Democratic Republic for losses arising as a result of the
nationalization, expropriation, or other taking of property owned by
U.S. nationals at the time of the loss. In this connection, under the
provisions of the bill no claim could be favorably considered unless the
property on which such claim is based was owned, wholly or partially,
by a national or nationals of the United States on the date of the loss
and continuously thereafter until the date the claim was filed. As de-
fined in S. 3621, a national of the United States is a natural person who
is a citizen of the United States or a corporation or other legal entity
organized under the laws of the United States in which at least 50
percent of the outstanding shares of stock is owned by natural persons
who are U.S. citizens. A 12-month filing period is provided and the
Foreign Claims Settlement Commission is required to complete its
affairs with respect to this claims program within three years after the
57-006-76--1
2
3
deadline filing date. According to the Commission, it is anticipated that
amounts of claims against the German Democratic Republic which
as many as 5,000 claims may be filed under the program. The total
have arisen out of the nationalization, expropriation, or other taking
value is unknown.
of, or special measures directed against property interests of nationals
On September 4, 1974, when the United States and the German
of the United States. This section also provides that the enactment of
Democratic Republic established diplomatic relations, it was agreed
the proposed new Title VI shall not be construed as authorizing an
that the two governments would enter into negotiations "for the settle-
appropriation or as any intention to authorize an appropriation of
ment of claims and other financial and property questions which re-
Federal funds to pay any claims of United States nationals against
main unresolved.
Included on the Agenda will be property and
the German Democratic Republic.
other questions which arose prior to or since 1945 which have not
Section 601. Definitions
otherwise been settled, including losses by victims of Nazism." The
Department of State feels that it may be in a better position to nego-
(1) National of the United States.-This is defined as a natural
tiate an adequate settlement if the scope of these claims has been
person who is a citizen of the United States, or a corporation or other
authoritatively determined before negotiations are undertaken. Thus,
legal entity which is organized under the laws of the United States, or
the reason for this bill.
of any State, the District of Columbia, or the Commonwealth of
It is understood that the claims program proposed by S. 3621 would
Puerto Rico, if natural persons who are citizens of the United States
be similar in many respects to the Czechoslovakina claims program
own, directly or indirectly, 50 percent or more of the outstanding
under Title IV of the International Claims Settlement Act, and in
capital stock or other beneficial interest of such corporation or entity.
certain respects to the Cuban and Chinese programs under Title V of
The term does not include aliens.
the Act. In this regard, the bill prescribes an award payment procedure
(2) Commission.-This means the Foreign Claims Settlement
which is similar to other titles of the International Claims Settlement
Commission of the United States, a quasi-judicial agency of the
Act. S. 3621 provides, however, that its enactment "shall not be con-
United States Government which has handled other claims programs
strued as authorizing or as any intention to authorize an appropriation
under the International Claims Settlement Act.
by the United States for the purpose of paying such claims."
(3) Property.-Section 601 (3) gives a broad definition of the range
of property interests covered by the proposed claims program. Sec-
COMMITTEE ACTION
tion 601 is analogous to section 401 of Title IV (Czech claims) and
Title V (Cuba and China claims).
The Committee on Foreign Relations held a public hearing on
(4) The term "German Democratic Republic" includes the govern-
S. 3621 on August 24, 1976. At that time, testimony was received from
ment of any political subdivision, agency, or instrumentality thereof
J. Raymond Bell, the Chairman of the Foreign Claims Settlement
or under its control.
Commission and Mr. Stephen Schwebel, Deputy Legal Adviser, Depart-
(5) The term "Claims Fund" means a special fund created in the
ment of State. Their prepared statements are reprinted in the appen-
Treasury Department from which awards, as authorized and certified
dix to this report. On the same day, by voice vote, the Committee
by the Commission under this title, will be paid. The Claims Fund will
ordered S. 3621 reported favorably to the Senate.
consist of whatever money is realized under a formal agreement
entered into between the Governments of the United States and the
COST ESTIMATE
German Democratic Republic settling such claims.
Section 611 of S. 3621 authorizes the appropriation of such sums as
Section 602. Receipt and determination of claims
may be necessary to enable the Foreign Claims Settlement Commis-
Section 602 states that claims must be submitted within the period
sion and the Treasury Department to pay their respective administra-
specified by the Commission which shall not be later than 12 months
tive expenses incurred in carrying out their functions in connection
after publication of notice in the Federal Register. In determining the
with the East German claims program. The Committee is informed
validity and amount of claims, the Commission is directed to apply
that the Administration expects to request $1.7 million to cover its
"applicable substantive law, including international law." This
administrative expenses for the four-year period necessary to com-
requirement is similar to those contained in other titles of the Interna-
plete the program.
tional Claims Settlement Act of 1949, as amended.
Section 603. Ownership of claims
SECTION-BY-SECTION ANALYSIS
This section, which follows the pattern of previous U.S. claims
Set forth below is a section-by-section analysis of S. 3621 which was
programs, provides that a claim for property losses shall not be
submitted by the Executive Branch.
considered unless the property involved was directly or indirectly
owned by a U.S. national on the date of the loss and continuously
Section 600. Purpose of title
thereafter by one or more U.S. nationals until the date it is filed.
Section 600 states that the purpose of the draft bill, which adds a
In case a claim is owned jointly by a U.S. national and an alien, only
new Title VI to the International Claims Settlement Act of 1949, as
the validity and amount of the U.S. national's interest in the property
amended, is to provide for the determination of the validity and
will be determined by the Foreign Claims Settlement Commission.
5
4
that may be made under this title in all respects as if the award had
Section 604. Corporate claims
been made in favor of a single person.
Section 604(a) provides that a claim under section 602, relating to
Section 607. Claims fund
receipt of claims, which is based upon the ownership interest in any
Section authorizes the Secretary of the Treasury to establish
corporation, association, or other entity which is a national of the
a claims fund in the Treasury Department for the payment of claims
United States (as defined in sec. 601) shall not be considered. In
against the German Democratic Republic. The fund will consist of
other words, stockholders or owners of a corporation may not file a
sums as may be paid to the United States by the German Democratic
valid claim based upon their individual interests. The claim must be
Republic pursuant to the terms of any claims settlement agreement
filed by the corporation in its own behalf and treated as a corporate
between the two governments.
claim.
Section 607(b) authorizes a deduction of 5 percent from any amount
Section 604(b) states that a claim based upon a direct ownership
covered into the Claims Fund for administrative expenses incurred by
interest in a corporation, association, or other entity which was not a
the Commission and Treasury Department with respect to the
national of the United States on the date of the loss, shall be con-
program.
sidered and without regard to the percentage of ownership vested in
the claimant. The effect of this provision is to permit a U.S. national
Section 608. Award payment procedures
to file a claim for his interest (no matter how small) in a foreign
Section 608(a) directs the Commission to certify each award to the
corporation which was taken by the German Democratic Republic.
Secretary of the Treasury.
Section 604(c) provides that a claim based upon an indirect owner-
Section 608(b) directs the Secretary of the Treasury to make pay-
ship interest in a corporation, association, or other entity shall be
ments on account of the awards certified out of sums covered into the
considered only if at least 25 percent of the entire ownership interest
special claims fund in accordance with an established payment order
thereof, at the time of the loss, was vested in nationals of the United
of priority.
States.
Section 609. Settlement period
Section 604(d) states that the amount of both direct and indirect
losses shall be calculated on the basis of the total loss suffered by the
This section provides that the program shall be completed within
three years following the deadline for filing claims.
corporation, association, or other entity, and shall bear the same pro-
portions to such loss as the ownership interest of the claimant at the
Section 610. Transfer of records
time of loss bears to the entire ownership interest in the corporation,
This section provides for the transfer to the Commission of records
association, or other entity.
and documents relating to claims under this title.
Section 605. Offsets
Section 611. Appropriations
Section 605 is designed to prevent double benefits for the same loss
This section states that appropriations are authorized for the
or losses. In some cases claimants may have received compensation
administrative expenses of the Commission and Treasury Department
from the Federal Republic of Germany under the Equalization of
in carrying out the provisions of the title.
Burdens laws or from the Foreign Claims Settlement Commission
under Title II of the War Claims Act of 1948, as amended, especially
Section 612. Fees for services
in regard to the "special measures" provisions of section 202(a) which
This section prohibits the payment of attorneys and other fees on
defines World War II losses as having occurred "as a direct consequence
account of services rendered in connection with any claim in excess
of
special measures directed against property because of the
of 10 percent of the total award paid on account of the claim. This
enemy or alleged enemy character of the owner, if such property was
section is analogous to section 414 of Title IV of the Act.
owned by a national of the United States at the time of loss." Under
Section 613. Application of other laws
that program claims were found compensable under the "special
This section incorporates, by reference, the following technical
measures" provision if they involved property of Americans that had
provisions of Title I of the International Claims Settlement Act of
been confiscated during World War II and which was located in an
1949, as amended:
area under communist control at the end of hostilities and was not
Subsection 4(b) deals with the notice of the time when, and the limit
restored to its owner. This applied to property located in East Ger-
of time within which, claims may be filed, which notice shall be pub-
many. Claimants were awarded compensation for damages to struc-
lished in the Federal Register, and the basis and the finality of the
tures on land as well as for the land. Awards under the proposed bill
decisions rendered by the Foreign Claims Settlement Commission.
are to be reduced by any payments the claimant may have received
Subsection 4(c) relates to such matters as the administration of
from other sources on account of the same loss.
oaths, the issuance of subpoenas, the examination of witnesses, and
Section 606. Consolidated awards
contempt.
This section authorizes a consolidated award where an original
Subsections 4(d) and (e) deal with depositions and penalties,
single interest has vested in several persons. All such persons shall
respectively.
participate in proportion to their indicated interests, in any payments
6
Subsection 4(h) provides that the Commission shall notify all
claimants of the approval or denial of their claims, and if approved,
the amount for which the claims were approved. It also provides that
any claimant whose claim is denied, or approved for less than the full
amount, shall be entitled to a hearing, and states that the action of the
Commission in allowing or denying any claim shall be final and con-
APPENDIX
clusive on all questions of law and fact.
Subsection 4(j) directs the Commission to comply with the pro-
visions of the Administrative Procedure Act of 1946 except as other-
wise specifically provided by this title.
TESTIMONY OF J. RAYMOND BELL, CHAIRMAN, FOREIGN CLAIMS
Subsection 7(c) provides that payments made pursuant to this title
SETTLEMENT COMMISSION, AUGUST 24, 1976
shall be made only to the person or persons on behalf of whom the
award is made, except under certain conditions, e.g., persons deceased
Mr. Chairman and members of the committee, I appreciate this
or under legal disability, termination of partnerships or corporations,
opportunity to appear before you today. I express the views of my
receiverships, trustees, and assignments.
fellow commissioners, as well as those of key members of our staff,
Subsection 7(d) bars recovery against the U.S. and its officers by
in supporting S. 3621 and urging its earliest possible adoption.
persons other than the person to whom payment was made.
S. 3621 simply proposes to add a new title to the International
Subsection 7(e) provides that any person who makes application for
Claims Settlement Act of 1949, as amended, to enable the determina-
tion by the Commission of certain claims of nationals of the United
any such payment shall be held to have consented to all of the pro-
visions of this title.
States against the German Democratic Republic which arose out of
Subsection 7(f) provides that "nothing in this title shall be con-
the nationalization, expropriation, or other taking of, or special
strued as the assumption of any liability by the United States for the
measures directed against property owned by nationals of the United
States.
payment or satisfaction, in whole or in part, of any claim on behalf of
any national of the United States against any foreign government."
Our Commission estimates that there will be approximately 6,000
This serves to support the contention that funds of the United States
claims by American nationals who have waited at least 30 years to be
should not be used for the purpose of paying claims of U.S. nationals
compensated for the loss of their property in East Germany. Adoption
against the German Democratic Republic.
of the proposed legislation will establish the mechanism for the orderly
adjudication of such claims and thereby ease the hardships of claim-
Section 614. Separability
ants, many of whom have reached an age category which minimizes
This is the customary separability clause which provides that if any
the number of years of life remaining during which they may enjoy
provision of the proposed new Title VI shall be held invalid, it will not
whatever compensation they may ultimately receive.
affect the validity of the remainder of the title.
Other titles of the International Claims Settlement Act of 1949,
as amended, have dealt with claims of nationals of the United States
against the Governments of Bulgaria, Communist China, Cuba,
Czechoslovakia, Hungary, Italy, Poland, Rumania, the Soviet Union,
and Yugoslavia.
The proposed program under the bill would be similar, in many
respects, to the Czechoslovakian claims program under Title IV of the
International Claims Settlement Act, and in certain respects to the
Cuban and Chinese claims programs under Title V of that Act.
I believe it is important to detail some of the similarities of these
prior programs and mention the historical background because they
established a precedent for the enactment of 3621.
My statement also contains a detailed analysis of the important
provisions of this proposal.
Title V of the Act which was enacted and approved on October 16,
1964, provided for the receipt and the determination of claims of
nationals of the United States against the Government of Cuba,
based on the nationalization or other taking of property by the Castro
Government which occurred on or after January 1, 1959. Later, on
November 6, 1966, this title was amended to include similar claims
against the Chinese Communist regime arising since October 1, 1949.
Title V of the Act did not provide for the payment of losses suffered
by American citizens. Like S. 3621, it provided only for a presettlement
(7)
8
9
adjudication of claims and for the certification of the Commission's
A national of the United States is defined as a natural person who is
findings to the Secretary of State. The stated purpose of the Congress in
a citizen of the United States or a corporation or other legal entity,
directing that the amounts of losses be certified to the Secretary of
organized under the laws of the United States, or a State, the District
State was to provide him with appropriate information which would
of Columbia, or the Commonwealth of Puerto Rico, in which at least
be useful in future negotiations of claims settlement agreements with
50% of the outstanding shares of stock was owned, at all material
friendly governments in Cuba and mainland China. Thus far, there
times, by persons who qualify as nationals of the United States.
has been no claims settlement agreement with either government.
Stockholder claimants are to be distinguished from corporation
However, the Department of State has been furnished the detailed
claimants. They are never eligible for compensation if the corpora-
description of all American-owned property which had been confis-
tion, itself, is an eligible claimant. To be eligible as a stockholder
cated in these countries and the exact amounts of the losses. This will
claimant in a non-U.S. national corporation that has been nationalized
be the bases for any future negotiations between the United States
or otherwise taken, it is only necessary that the ownership interests
and the other two governments.
Also similar to the proposed East German program was the Czech
on which the claim is based have been, at all material times, held by
nationals of the United States. This is called a direct interest.
claims program under Title IV of the International Claims Settlement
A stockholder in a non-U.S. corporation which in turn held stock
Act for losses suffered by nationals of the United States, based on the
in a nationalized East German corporation, would be deemed to
nationalization or other taking of American-owned property in
have an indirect interest. Such claimant would be eligible for favorable
Czechoslovakia. At the time of enactment of Title IV on August 8,
consideration only if the total of United States interests in an East
1958, the Department of State was negotiating with the Government
German corporation, both direct and indirect, amounts to 25%.
of Czechoslovakia to obtain a lump-sum settlement from that govern-
The amount of both direct and indirect losses are to be calculated
ment of all such claims. The Act provided that unless a settlement was
on the basis of the total loss suffered by the corporation or other
made within 1 year after enactment, the funds for the payment of
entity, and shall bear the same proportions to such loss as the owner-
these claims would be derived from monies realized from the sale, by
ship interest of the claimant bears to the entire ownership interest
the United States, of certain Czechoslovakian steel mill components,
in the corporation or other entity.
manufactured and stored in the United States, amounting to approxi-
The bill authorizes the establishment of a claims fund in the United
mately $8.5 million. It further provided that if such an agreement
States Treasury to be composed of such claims as may be paid to the
was entered into before the expiration of 1 year after enactment, such
United States by the German Democratic Republic, pursuant to
claims would be paid out of the funds made available therefor by such
the terms of any claims settlement agreement that may be entered
government.
into by the two governments. This special fund will be used to pay
It was not until July 5, 1974, approximately 12 years after the
claims as determined by the Commission and certified to the Secretary
completion of the program that such an agreement was reached sub-
of the Treasury for payment. Also authorized under the bill is a
ject to formal approval of the two governments. However, due to an
deduction of 5% from any amount covered into the claims fund
amendment to the Federal Trade Act of 1974, requiring a renegotia-
to reimburse the United States for administrative expenses incurred
tion of the agreement with the Czech Government, it has never been
by the Commission and the Treasury Department in connection
formalized. Thus, only the funds derived from the sale of the steel
with the program.
mill components have been available for payments on the awards
The bill provides for a 1-year filing period to begin within 60
granted by the Commission.
days after its enactment or of legislation making appropriations to
These programs, especially the Cuban and Chinese, were in fact
the Commission, whichever date is later. The Commission is given
presettlement adjudications. However, it is hoped that a claims
3 years after the expiration of the filing period to complete the program.
settlement agreement with the German Democratic Republic can be
Prior to the recognition of the German Democratic Republic by
concluded within a few years. Upon the establishment of diplomatic
the United States, nationals of the United States who qualified
relations with such government in July 1974, it was agreed that the
under the equalization of burdens laws, enacted by the Federal
United States and the German Democratic Republic would, among
Republic of Germany (West Germany), had, in some instances,
other things, enter into negotiations for the settlement of U.S. claims.
received compensation from that government based on property
Thus far, however, the formal negotiations with respect to these
losses arising in East Germany.
claims have not commenced. In any case, the Commission is not
The Commission processed claims of nationals of the United States
directly involved in such negotiations. This is a function of the
under Title II of the War Claims Act of 1948, which arose in certain
Department of State.
Eastern European countries, including Germany, during the period
The bill provides only for claims for losses by nationals of the
beginning September 1, 1939, and ending May 8, 1945, as a result
United States who had such status at the time of loss and which have
of military operations of war or special measures directed against
been owned continuously thereafter by such a national or nationals
property because of the enemy character of such property, which
until the date of filing with the Commission. Claims owned by non-
was owned at the time by nationals of the United States. Claims
nationals of the United States on the date of loss and continuously
were compensable under the "special measures" if the property,
thereafter until the date of filing are precluded from favorable con-
upon which the claim was based, was located in East Germany and
sideration under the bill.
S.R. 1188-2
10
11
remained under communist control and was never returned to its
During the registration, over 8,000 notices and claim registration
owners for both the improvements and the land.
forms were forwarded to persons at their last known addresses who
The proposed bill is designed to prevent double benefits in that the
had previously communicated with the Commission or State Depart-
Commission is required to deduct all amounts the claimant has
ment concerning losses in East Germany, since the end of hostilities
received from any source on account of the same loss, including the
in World War II. Over 2,000 of these registrations were completed
amounts received under Title II of the War Claims Act of 1948, as
and returned to the Commission prior to an established deadline filing
amended. However, it is understood that the German Democratic
period of July 1, 1975. Approximately 4,000 of the notices were
Republic will be pressed to provide funds for these losses.
returned for insufficient addresses. Another 500 inquiries concerning
After a determination is made by the Commission as to the validity
these claims have been received by the Commission since the registra-
and amount of each claim, the award is certified to the Secretary of
tion filing deadline.
the Treasury for payment out of the special claims fund in accordance
with an established payment order priority. Such payments would
STATEMENT ON S. 3621
be made on a prorated basis after payment is made on the account
of interest until the principal amounts of all awards are paid in full.
Thank you, Mr. Chairman.
Attorney fees on account of services rendered on behalf of any
I am Stephen M. Schwebel, Deputy Legal Adviser of the Depart-
claimant, in connection with any claim filed with the Commission
ment of State, and I welcome the opportunity of appearing before the
under the new title, cannot exceed 10 per centum of the total amount
subcommittee to present the views of the Department of State on
paid on any award certified for payment.
S. 3621. The bill before this subcommittee was drafted by the Depart-
Based on similar experiences in other programs, however, it is
ment of State and the Foreign Claims Settlement Commission, which
anticipated that as many as 5,000 claims may be filed under the
will also be appearing before the subcommittee in connection with
proposed program.
this proposed legislation.
Inasmuch as the current Hungarian claims program is due for
S. 3621 would add a new title to the International Claims Settlement
completion by the Commission on May 15, 1977, it is important to
Act of 1949 authorizing the Foreign Claims Settlement Commission
the Commission that favorable consideration be given to the proposed
to receive and adjudicate claims of United States nationals arising out
East German program as soon as possible, so that it may use the
of the nationalization, expropriation or other taking, or special
services of its experienced claims personnel presently in the employ-
measures directed against, their property by the German Democratic
ment of the Commission.
Republic. The provisions of the proposed legislation are explained in
Most important, however, is the fact that many American citizens
detail in the section-by-section analysis accompanying the letter of
have been waiting some 30 years for compensation for their property
transmittal. These provisions correspond closely to those enacted by
losses in East Germany. The German Democratic Republic is obli-
the Congress for the addition to the Act of Titles IV and V, relating to
gated to provide compensation to former American owners for their
property. In the interim, the Commission concurs with the Depart-
the Czechoslovakian and the Cuban and Chinese claims programs.
Pre-adjudication by the Foreign Claims Settlement Commission of
ment of State that these claims should the subject of a presettlement
the claims of United States nationals against the German Democratic
adjudication prior to the conclusion of any negotiations with such
Republic would advance the process by which compensation should
government providing money for the settlement of such claims.
This procedure will shorten, considerably, the period of time in
eventually bc paid. No appropriation of public funds for the payment
of the Commission's awards is sought by the legislation-nor, in the
which compensation will be paid to these United States citizens,
Department's view, should such an appropriation be provided; we
many of whom are now in the "senior citizens" category.
naturally look wholly to payment by the German Democratic Repub-
For these reasons and the fact that further delay in the adjuci-
lic of these claims. Moreover, vested assets of the German Reich
cation of these claims would impose additional hardships on the
cannot provide a partial source of compensation since those assets
claimants, the Commission fully supports the bill S. 3621 and, respect-
have already been used to pay compensation on the Commission's war
fully, recommends its early enactment.
An appropriation is authorized to enable the Commission and the
claims program pursuant to the War Claims Act. In the circumstances,
the Department believes that the most expeditious means of com-
Treasury Department to pay their respective administrative expenses
pensating the claimants would be the conclusion of a lump-sum settle-
in carrying out their functions under the proposed program.
Certain sections of Title I of the International Claims Settlement
ment agreement with the Government of the German Democratic
Republic. Such a settlement would take into account the Commis-
Act are applicable to the new proposed claims program. Such sections
sion's awards, and the proceeds from such a settlement would be
deal with procedural and administrative matters which have been
distributed in accordance with the amounts of those awards. At the
adopted in other programs authorized under the International Claims
same time, we are of course open to any other appropriate method of
Settlement Act of 1949, including the finality of the decisions rendered
settlement.
by the Commission.
The Commission has observed considerable interest in this program
The Department does not know whether or when a lump-sum
settlement agreement will be concluded with the German Democratic
by potential claimants, especially in view of the registration that it
conducted in 1974 and 1975 at the request of the State Department in
Republic, but we shall make every effort to conclude such an agree-
ment, or another appropriate kind of claims agreement. In the view
regard to claims against the German Democratic Republic.
12
of the United States, the German Democratic Republic is not only
bound to negotiate these claims, but under international law is obliged
to pay the appropriate compensation that is due.
The claims to which the program provided for in the proposed
legislation would apply relate to property, rights or interests, pre-
viously owned by United States nationals, which have been taken by
CHANGES IN EXISTING LAW
the German Democratic Republic, and to debts owed to American
nationals by enterprises taken by that Government. Some of these
In compliance with paragraph 4 of rule XXIX of the Standing
property interests may have previously been the subject of measures
Rules of the Senate, changes in existing law made by the bill, as
by Nazi authorities or by Soviet occupation authorities and subse-
reported, are shown as follows (existing law proposed to be omitted
quently taken over by the German Democratic Republic. The pro-
is enclosed in black brackets, new matter is printed in italic, existing
visions of the proposed legislation take into account the possibility
law in which no change is proposed is shown in roman):
that the takings may have assumed a variety of forms.
These claims were not discussed with officials of the German Demo-
INTERNATIONAL CLAIMS SETTLEMENT AcT OF 1949, AS AMENDED
cratic Republic during the period after 1949 because the United States
Public Law 81-455 [H.R. 4406], 64 Stat. 12, approved March 10,
did not recognize that entity or maintain diplomatic relations with it.
1950, as amended by Public Law 83-242 [H.R. 5742], 67 Stat. 506,
On September 4, 1974, after extended negotiations, the United States
approved August 8, 1953; Reorganization Plan No. 1, effective July
and the German Democratic Republic agreed to the establisment of
1, 1954, 19 F.R. 3985 68 Stat. 1279; Public Law 84-285 [H.R. 6382], 69
diplomatic relations. One of the provisions included in that agreement,
Stat. 562, approved August 9, 1955; Public Law 85-604 [S. 3557],
at the instance of the United States, was for negotiations on claims
72 Stat. 527, approved August 8, 1958; Public Law 85-791 [H.R.
and property and financial questions. The Department of State has
6788], 72 Stat. 941 at 951, approved August 28, 1958; Public Law
been preparing for those negotiations, and the claims program pro-
88-666 [H.R. 12259], 78 Stat. 1110, approved October 16, 1964;
vided for in the proposed legislation is an essential component of the
Public Law 89-559 [H.R. 10104], 80 Stat. 378 at 656, approved No-
completion of such negotiations. We shall not be in the best position
vember 6, 1966; Public Law 90-421 [H.R. 9063], 82 Stat. 420, ap-
to conclude a claims settlement agreement with the German Demo-
proved July 4, 1968; Public Law 91-167 [H.R. 11711], 83 Stat. 435,
cratic Republic until the claims have been adjudicated and the total
approved December 24, 1969; and by Public Law 93-460 [H.R.
amount of the claims is known.
The Department has discussed the claims with representatives of
13621], 88 Stat. 1386, approved October 20, 1974
the German Democratic Republic. Included within those discussions
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
was the question of compensation to the victims of Nazism, a question
against foreign governments.
referred to in the agreement on establishment of diplomatic relations.
The World Conference on Jewish Material Claims is dealing with this
Be it enacted by the Senate and House of Representatives of the United
question on an ethnic rather than a national basis. At our meeting
States of America in Congress assembled, That this Act may be cited as
with the German Democratic representatives we called for meaning-
the "International Claims Settlement Act of 1949".
ful discussions with the World Conference.
The claimants have for a lengthy period remained uncompensated
TITLE I
for their losses. We believe that it is now feasible to move ahead in
our efforts to obtain adequate and effective compensation. The De-
SEC. 2. For the purposes of this Title-
partment of State accordingly strongly favors the adoption of S. 3621
(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.
(d) The term "Yugoslav Claims Agreement of 1948" means the
agreements between the Governments of the United States of America
and of the Federal People's Republic of Yugoslavia regarding pecu-
niary claims of the United States and its national, signed July 19,
1948.
SEC. 3. (a) [Repealed by Public Law 89-554, (80 Stat. 378 at 656;
22 U.S.C. 1622(a)).]
(13)
14
15
(b) [Repealed by Public Law 89-544 (80 Stat. 378 at 656; 22
advisable to make. Each decision by the Commission pursuant to this
U.S.C. 1622(b)).]
Title shall be by majority vote, and shall state the reason for such
(c) The Commission may prescribe such rules and regulations as
decision, and shall constitute a full and final disposition of the case in
may be necessary to enable it to carry out its functions, and may
which the decision is rendered.
delegate functions to any member, officer or employee of the Com-
(c) Any member of the Commission, or any employee of the Com-
mission. The President may fix a termination date for the authority
mission, designated in writing by the Chairman of the Commission,
of the Commission, and the terms of office of its members under this
may administer oaths and examine witnesses. Any member of the
Title. Any member of the Commission may be removed by the Secre-
Commission may require by subpena the attendance and testimony
tary of State, upon notice and hearing, for neglect of duty, or mal-
of witnesses, and the production of all necessary books, papers, docu-
feasance in office, but for no other cause. Not later than six months
ments, records, correspondence, and other evidence, from any place in
after its organization, and every six months thereafter, the Com-
the United States at any designated place of inquiry or of hearing.
mission shall make a report, through the Secretary of State, to the
The Commission is authorized to contract for the reporting of in-
Congress concerning its operations under this Title. The Commission
quiries or of hearings. Witnesses summoned before the Commission
shall, upon completion of its work, certify in duplicate to the Secre-
shall be paid the same fees and mileage that are paid witnesses in
tary of State and to the Secretary of the Treasury the following:
the courts of the United States. In case of disobedience to a sub-
(1) A list of all claims disallowed; (2) a list of all claims allowed, in
pena, the aid of any district court of the United States, as consti-
whole or in part, together with the amount of each claim and the
tuted by chapter 5 of title 28, United States Code (28 U.S.C. 81 and
amount awarded thereon; and (3) a copy of the decision rendered in
the following), and the United States court of any Territory or
each case. No members of such Commission shall be appointed after
other place subject to the jurisdiction of the United States may be
the effective date of this Title until such Commission is reorganized
invoked in requiring the attendance and testimony of witnesses and
by further Act of Congress but acting members may be designated
the production of such books, papers, documents, records, correspond-
by the President as provided by this section, who shall receive no com-
ence, and other evidence. Any such court within the jurisdiction of
pensation from the funds appropriated by H.R. 6200 for defraying
which the inquiry or hearing is carried on may, in case of contumacy
the expenses of such Commission.
or refusal to obey a subpena issued to any person, issue an order
SEC. 4. (a) The Commission shall have jurisdiction to receive,
requiring such person to appear or to give evidence touching the
examine, adjudicate, and render final decisions with respect to claims
matter in question; and any failure to obey such order of the court
of the Government of the United States and of nationals of the United
may be punished by such court as a contempt thereof.
States included within the terms of the Yugoslav Claims Agreement
(d) The Commission may order testimony to be taken by deposition
of 1948, or included within the terms of any claims agreement here-
in any inquiry or hearing pending before it at any stage of such pro-
after concluded between the Government of the United States and a
ceeding or hearing. Such depositions may be taken, under such regula-
foreign government (exclusive of governments against which the
tions as the Commission may prescribe, before any person designated
United States declared the existence of a state of war during World
by the Commission and having power to administer oaths. Any
War II) similarly providing for the settlement and discharge of
person may be compelled to appear and depose, and to produce books,
claims of the Government of the United States and of nationals of
papers, documents, records, correspondence, and other evidence in
the United States against a foreign government, arising out of the
the same way as witnesses may be compelled to appear and testify
nationalization or other taking of property, by the agreement of the
and produce documentary evidence before the Commission, as herein-
Government of the United States to accept from that government a
above provided. If a witness whose testimony may be desired to be
sum in en bloc settlement thereof. In the decision of claims under this
taken by deposition be in a foreign country, the deposition may be
Title, the Commission shall apply the following in the following order:
taken, provided the laws of the foreign country SO permit, by a con-
(1) The provisions of the applicable claims agreement as provided in
sular officer, or by an officer or employee of the Commission, or other
this subsection; and (2) the applicable principles of international law,
person commissioned by the Commission, or under letter rogatory
justice, and equity.
issued by the Commission. Witnesses whose depositions are taken as
(b) The Commission shall give public notice of the time when, and
authorized in this subsection, and the persons taking the same, shall
the limit of time within which, claims may be filed, which notice shall
severally be entitled to the same fees as are paid for like services in
be published in the Federal Register. In addition, the Commission is
the courts of the United States.
authorized and directed to mail a similar notice to the last-known
(e) In addition to the penalties provided in title 18, United States
address of each person appearing in the records of the Department of
Code, section 1001, any person guilty of any act, as provided therein,
State as having indicated an intention of filing a claim with respect to
with respect to any matter under this Title, shall forfeit all rights
a matter concerning which the Commission has jurisdiction under this
under this Title, and, if payment shall have been made or granted, the
Title. All decisions shall be upon such evidence and written legal
Commission shall take such action as may be necessary to recover the
contentions as may be presented within such period as may be pre-
same.
scribed therefor by the Commission, and upon the results of any
(f) No remuneration on account of services rendered on behalf of
independent investigation of cases which the Commission may deem it
any claimant in connection with any claim filed with the Commission
16
17
under this title shall exceed 10 per centum of the total amount paid
SEC. 7. (a) Subject to the limitations hereinafter provided, the
pursuant to any award certified under the provisions of this title, on
Secretary of the Treasury is authorized and directed to pay, as
account of such claim. Any agreement to the contrary shall be unlaw-
prescribed by section 8 of this Title, an amount not exceeding hte
ful and void. Whoever, in the United States or elsewhere, demands or
principal of each award, plus accrued interests on such awards as
receives, on account of services SO rendered, any remuneration in
bear interest, certified pursuant to section 5 of this Title, in accordance
excess of the maximum permitted by this section, shall be fined not
with the award. Such payments, and applications for such payments,
more than $5,000 or imprisoned not more than twelve months, or
shall be made in accordance with such regulations as the Secretary
both.
of the Treasury may prescribe.
(g) The Attorney General shall assign such officers and employees
(b) (1) There shall be deducted from the amount of each payment
of the Department of Justice as may be necessary to represent the
made pursuant to subsection (c) of section 8, as reimbursement for the
United States as to any claims of the Government of the United States
expenses incurred by the United States, an amount equal to 5 per
with respect to which the Commission has jurisdiction under this
centum of such payment. All amounts SO deducted shall be covered
title. Any and all payments required to be made by the Secretary
into the Treasury to the credit of miscellaneous receipts.
of the Treasury under this title pursuant to any award made by the
(2) The Secretary of the Treasury shall deduct from any amounts
Commission to the Government of the United States shall be covered
covered, subsequent to the date of enactment of this paragraph, into
into the Treasury to the credit of miscellaneous receipts.
any special fund, created pursuant to section 8, 5 per centum thereof
(h) The Commission shall notify all claimants of the approval or
as reimbursement to the Government of the United States for expenses
denial of their claims, stating the reasons and grounds therefor, and,
incurred by the Commission and by the Treasury Department in the
if approved, shall notify such claimants of the amount for which such
administration of this title. The amounts SO deducted shall be covered
claims are approved. Any claimant whose claim is denied, or is ap-
into the Treasury to the credit of miscellaneous receipts.
proved for less than the full amount of such claim, shall be entitled,
(c) Payments made pursuant to this Title shall be made only to the
under such regulations as the Commission may prescribe, to a hearing
person or persons on behalf of whom the award is made, except that-
before the Commission, or its duly authorized representatives, with
(1) if any person to whom any payment is to be made pursuant
respect to such claim. Upon such hearing, the Commission may affirm,
to this title is deceased or is under a legal disability, payment
modify, or revise its former action with respect to such claim, includ-
shall be made to his legal representative, except that if any pay-
ing a denial or reduction in the amount theretofore allowed with re-
ment to be made is not over $1,000 and there is no qualified
spect to such claim. The action of the Commission in allowing or
executor or administrator, payment may be made to the person
denying any claim under this title shall be final and conclusive on all
or persons found by the Comptroller General to be entitled there-
questions of law and fact and not subject to review by the Secretary of
to, without the necessity of compliance with the requirement of
State or any other official, department, agency, or establishment of the
law with respect to the administration of estates;
United States or by any court by mandamus or otherwise.
(2) in the case of a partnership or corporation, the existence of
(i) The Commission may in its discretion enter an award with re-
which has been terminated and on behalf of which an award is
spect to one or more items deemed to have been clearly established in
made, payment shall be made, except as provided in paragraphs
an individual claim while deferring consideration and action on other
(3) and (4), to the person or persons found by the Comptroller
items of the same claim.
General of the United States to be entitled thereto;
(j) The Commission shall comply with the provisions of the Ad-
(3) if a receiver or trustee for any such partnership or corpora-
ministrative Procedure Act of 1946 except as otherwise specifically
tion has been duly appointed by a court of competent jurisdiction
provided by this title.
in the United States and has not been discharged prior to the date
SEC. 5. The Commission shall, as soon as possible, and in the order
of payment, payment shall be made to such receiver or trustee in
of the making of such awards, certify to the Secretary of the Treasury
accordance with the order of the court;
and to the Secretary of State copies of the awards made in favor of
(4) if a receiver or trustee for any such partnership or cor-
the Government of the United States or of nationals of the United
poration, duly appointed by a court of competent jursidiction in
States under this Title. The Commission shall certify to the Secretary
the United States, makes an assignment of the claim, or any part
of State, upon his request, copies of the formal submissions of claims
thereof, with respect to which an award is made, or makes an
filed pursuant to subsection (b) of section 4 of this Act for transmission
assignment of such award, or any part thereof, payment shall be
to the foreign government concerned.
made to the assignee, as his interest may appear; and
SEC. 6. The Commission shall complete its affairs in connection
(5) in the case of any assignment of an award, or any part
with settlement of United Yugoslav claims arising under the
thereof, which is made in writing and duly acknowledged and
Yugoslav Claims Agreement of 1948 not later than December 31, 1954:
filed, after such award is certified to the Secretary of the Treasury,
Provided, That nothing in this provision shall be construed to limit
payment may, in the discretion of the Secretary of the Treasury,
the life of the Commission, or its authority to act on future agreements
be made to the assignee, as his interest may appear.
which may be affected under the provisions of this legislation.
(d) Whenever the Secretary of the Treasury, or the Comptroller
General of the United States, as the case may be, shall find that any
18
19
person is entitled to any such payment, after such payment shall have
German Democratic Republic for losses arising as a result of the national-
been received by such person, it shall be an absolute bar to recovery
ization, expropriation, or other taking of (or special measures directed
by any other person against the United States, its officers, agents or
against) property, including any rights or interests therein, owned wholly
employees with respect to such payment.
or partially, directly or indirectly, at the time by nationals of the United
(e) Any person who makes application for any such payment shall
States whether such losses occurred in the German Democratic Republic
be held to have consented to all the provisions of this Title.
or in East Berlin. Such claims must be submitted to the Commission within
(f) Nothing in this Title shall be construed as the assumption of
the period specified by the Commission by notice published in the Federal
any liability by the United States for the payment or satisfaction,
Register (which period shall not be more than twelve months after such
in whole or in part, of any claim on behalf of any national of the
publication) within sixty days after the enactment of this title or of
United States against any foreign government.
legislation making appropriations to the Commission for payment of
administrative expenses incurred in carrying out its functions under this
title, whichever date is later.
TITLE VI
OWNERSHIP OF CLAIMS
PURPOSE OF TITLE
SEC. 603. A claim shall not be favorably considered under section 602
SEC. 600. It is the purpose of this title to provide for the determination
of this title unless the property right on which it is based was owned,
of the validity and amounts of outstanding claims against the German
wholly or partially, directly or indirectly, by a national of the United
Democratic Republic which arose out of the nationalization, expropriation,
States on the date of loss and if favorably considered, the claim shall be
or other taking of (or special measures directed against) property interests
considered only if it has been held by one or more nationals of the United
of nationals of the United States. This title shall not be construed as
States continuously from the date that the loss occurred until the date of
authorizing or as any intention to authorize an appropriation by the
filing with the Commission.
United States for the purpose of paying such claims.
CORPORATE CLAIMS
DEFINITIONS
SEC. 604. (a) A claim under section 602 of this title based upon an
ownership interest in any corporation, association, or other entity which is
SEC. 601. As used in this title-
a national of the United States, shall not be considered. A claim under
(1) The term "national of the United States" means—
section 602 of this title based upon a debt or other obligation owing by any
(a) a natural person who is a citizen of the United States;
corporation, association, or other entity organized under the laws of the
(b) a corporation or other legal entity which is organized under
United States, or of any State, the District of Columbia, or the Common-
the laws of the United States or of any State, the District of Columbia,
wealth of Puerto Rico shall be considered only when such debt or other
or the Commonwealth of Puerto Rico, if natural persons who are
obligation is a charge on property which has been nationalized, expropri-
citizens of the United States own, directly or indirectly, 50 per
ated, or taken by the German Democratic Republic.
centum or more of the outstanding capital stock or other beneficial
(b) A claim under section 602 of this title based upon a direct ownership
interest of such corporation or entity. The term does not include aliens.
interest in a corporation, association, or other entity for loss, shall be
(2) The term "Commission" means the Foreign Claims Settlement
considered subject to the provisions of this title, if such corporation,
Commission of the United States.
association, or other entity on the date of the loss was not a national of the
(3) The term "property" means any property, right, or interest, includ-
United States, without regard to the per centum of ownership vested in the
ing any leasehold interest, and debts owed by enterprises which have been
claimant.
nationalized, expropriated, or taken by the German Democratic Republic
(c) A claim under section 602 of this title for losses based upon an
for which no restoration or no adequate compensation has been made to
indirect ownership interest in a corporation, association, or other entity,
the former owners of such property.
shall be considered, subject to the other provisions of this title, only if at
(4) The term "German Democratic Republic" includes the government
least 25 per centum of the entire ownership interest thereof, at the time of
of any political subdivision, agency, or instrumentality thereof or under
such loss, was vested in nationals of the United States.
its control.
(d) The amount of any claim covered by subsections (b) or (c) of this
(5) The term "Claims Fund" is the special fund established in the
section shall be calculated on the basis of the total loss suffered by such
Treasury of the United States composed of such sums as may be paid to
corporation, association, or other entity, and shall bear the same proportion
the United States by the German Democratic Republic pursuant to the
to such loss as the ownership interest of the claimant at the time of loss
terms of any agreement settling such claims that may be entered into by
bears to the entire ownership interest thereof.
the Government of the United States and the German Democratic
Republic.
OFFSETS
RECEIPT AND DETERMINATION OF CLAIMS
SEC. 605. In determining the amount of any claim, the Commission
SEC. 602. The Commission shall receive and determine in accordance
shall deduct all amounts the claimant has received from any source on
with applicable substantive law, including international law, the validity
account of the same loss or losses, including any amount claimant received
and amounts of claims by nationals of the United States against the
under section 202(a) of the War Claims Act of 1948, as amended, for
20
21
losses which occurred as a direct consequence of special measures directed
SETTLEMENT PERIOD
against such property in any area covered under this title.
SEC. 609. The Commission shall complete its affairs in connection
CONSOLIDATED AWARDS
with the settlement of claims pursuant to this title not later than three
years following the final date for the filing of claims as provided in section
SEC. 606. With respect to any claim under section 602 of this title
602 of this title.
which, at the time of the award, is vested in persons other than the person
TRANSFER OF RECORDS
by whom the original loss was sustained, the Commission shall assue a
consolidated award in favor of all claimants then entitled thereto, which
SEC. 610. The Secretary of State is authorized and directed to transfer
award shall indicate the respective interests of such claimants therein,
or otherwise make available to the Commission such records and docu-
and all such claimants shall participate, in proportion to their indicated
ments relating to claims authorized by this title as may be required by the
interests, in any payments that may be made under this title in all respects
Commission in carrying out its functions under this title.
as if the award had been in favor of a single person.
APPROPRIATIONS
CLAIMS FUND
SEC. 611. There are hereby authorized to be appropriated such sums
SEC. 607. (a) The Secretary of the Treasury is hereby authorized to
as may be necessary to enable the Commission and the Treasury Depart-
establish in the Treasury of the United States a fund to be designated the
ment to pay their respective administrative expenses incurred in carrying
Claims Fund as defined under 601(5) for the payment of unsatisfied
out their functions under this title.
claims of nationals of the United States against the German Democratic
FEES FOR SERVICES
Republic as authorized in this title.
(b) The Secretary of the Treasury shall deduct from any amounts
SEC. 612. No remuneration on account of services rendered on behalf
covered into the Claims Fund, an amount equal to 5 per centum thereof
of any claimant, in connection with any claim filed with the Commission
as reimbursement to the Government of the United States for expenses
under this title, shall exceed 10 per centum of the total amount paid pur-
incurred by the Commission and by the Treasury Department in the
suant to any award certified under the provisions of this title on account
administration of this title. The amounts so deducted shall be covered into
of such claims. Any agreement to the contrary shall be unlawful and void.
the Treasury to the credit of miscellaneous receipts.
Whoever, in the United States or elsewhere demands or receives, on
account of services so rendered, any remuneration in excess of the maxi-
AWARD PAYMENT PROCEDURES
mum permitted by this section shall be guilty of a misdemeanor, and,
SEC. 608. (a) The Commission shall certify to the Secretary of the
upon conviction thereof, shall be fined not more than $5,000 or im-
Treasury, in terms of United States currency, each award made pursuant
prisoned not more than twelve months, or both.
to section 602 of this title.
APPLICATION OF OTHER LAWS
(b) Upon certification of such award, the Secretary of the Treasury is
authorized and directed, out of the sums covered into the Claims Fund, to
SEC. 613. To the extent they are not inconsistent with the provisions
make payments on account of such awards as follows, and in the following
of this title, the following provisions of title I of the Act shall be applicable
order of priority:
to this title: subsections (b), (c), (d), (e), (h), and (j) of section 4; sub-
(1) payment in full of the principal amount of each award of
sections (c), (d), (e), and (f) of section 7.
$1,000 or less;
(2) payment in the amount of $1,000 on account of the principal
SEPARABILITY
amount of each award of more than $1,000 in principal amount;
SEC. 614. If any provisions of this Act or the application thereof to
(3) thereafter, payments from time to time, in ratable proportions,
on account of the unpaid balance of the principal amounts of all
any person or circumstances shall be held invalid, the remainder of the
Act or the application of such provision to other persons or circumstances
awards according to the proportions which the unpaid balance of
shall not be affected.
such awards bear to the total amount in the fund available for dis-
tribution at the time such payments are made;
(4) after payment has been made in full of the principal amounts
of all awards, pro rata payments may be made on account of any
interest that may be allowed on such awards;
(5) payments or applications for payments shall be made in
accordance with such regulations as the Secretary of the Treasury
may prescribe.
CORRECTED SHEET
S. 3621
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To amend the International Claims Settlement Act of 1949 to provide for the
determination of the validity and amounts of claims of nationals of the United
States against the German Democratic Republic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Interna-
tional Claims Settlement Act of 1949, as amended, is amended by
adding at the end thereof the following new title:
"TITLE VI
"PURPOSE OF TITLE
"SEC. 600. It is the purpose of this title to provide for the determina-
tion of the validity and amounts of outstanding claims against the
German Democratic Republic which arose out of the nationalization,
expropriation, or other taking of (or special measures directed against)
property interests of nationals of the United States. This title shall
not be construed as authorizing or as any intention to authorize an
appropriation by the United States for the purpose of paying such
claims.
"DEFINITIONS
"SEC. 601. As used in this title-
"(1) The term 'national of the United States' means-
(a) a natural person who is a citizen of the United States;
(b) a corporation or other legal entity which is organized
under the laws of the United States or of any State, the District
of Columbia, or the Commonwealth of Puerto Rico, if natural
persons who are citizens of the United States own, directly or
indirectly, 50 per centum or more of the outstanding capital stock
or other beneficial interest of such corporation or entity. The term
does not include aliens.
(2) The term 'Commission' means the Foreign Claims Settlement
Commission of the United States.
"(3) The term 'property' means any property, right, or interest,
including any leasehold interest, and debts owed by enterprises which
have been nationalized, expropriated, or taken by the German Demo-
cratic Republic for which no restoration or no adequate compensation
has been made to the former owners of such property.
"(4) The term 'German Democratic Republic' includes the govern-
ment of any political subdivision, agency, or instrumentality thereof
or under its control.
(5) The term 'Claims Fund' is the special fund established in the
Treasury of the United States composed of such sums as may be paid to
the United States by the German Democratic Republic pursuant to the
terms of any agreement settling such claims that may be entered into
by the Governments of the United States and the German Democratic
Republic.
S. 3621-2
"RECEIPT AND DETERMINATION OF CLAIMS
"SEC. 602. The Commission shall receive and determine in accord-
ance with applicable substantive law, including international law, the
validity and amounts of claims by nationals of the United States
against the German Democratic Republic for losses arising as a result
of the nationalization, expropriation, or other taking of (or special
measures directed against) property, including any rights or interests
therein, owned wholly or partially, directly or indirectly, at the time
by nationals of the United States whether such losses occurred in the
German Democratic Republic or in East Berlin. Such claims must be
submitted to the Commission within the period specified by the Com-
mission by notice published in the Federal Register (which period
shall not be more than twelve months after such publication) within
sixty days after the enactment of this title or of legislation making
appropriations to the Commission for payment of administrative
expenses incurred in carrying out its functions under this title, which-
ever date is later.
"OWNERSHIP OF CLAIMS
"SEC. 603. A claim shall not be favorably considered under section
602 of this title unless the property right on which it is based was
owned, wholly or partially, directly or indirectly, by a national of the
United States on the date of loss and if favorably considered, the
claim shall be considered only if it has been held by one or more
nationals of the United States continuously from the date that the loss
occurred until the date of filing with the Commission.
"CORPORATE CLAIMS
"SEC. 604. (a) A claim under section 602 of this title based upon an
ownership interest in any corporation, association, or other entity
which is a national of the United States, shall not be considered. À
claim under section 602 of this title based upon a debt or other obliga-
tion owing by any corporation, association, or other entity organized
under the laws of the United States, or of any State, the District of
Columbia, or the Commonwealth of Puerto Rico shall be considered
only when such debt or other obligation is a charge on property which
has been nationalized, expropriated, or taken by the German
Democratic Republic.
"(b) A claim under section 602 of this title based upon a direct
ownership interest in a corporation, association, or other entity for
loss, shall be considered subject to the provisions of this title, if such
corporation, association or other entity on the date of the loss was not
a national of the United States, without regard to the per centum of
ownership vested in the claimant.
"(c) A claim under section 602 of this title for losses based upon an
indirect ownership interest in a corporation, association, or other
entity, shall be considered, subject to the other provisions of this title,
only if at least 25 per centum of the entire ownership interest thereof,
at the time of such loss, was vested in nationals of the United States.
(d) The amount of any claim covered by subsections (b) or (c) of
this section shall be calculated on the basis of the total loss suffered by
such corporation, association, or other entity, and shall bear the same
proportion to such loss as the ownership interest of the claimant at the
time of loss bears to the entire ownership interest thereof.
CORRECTED
S. 3621-3
"OFFSETS
"SEC. 605. In determining the amount of any claim, the Commission
shall deduct all amounts the claimant has received from any source on
account of the same loss or losses, including any amount claimant
received under section 202(a) of the War Claims Act of 1948, as
amended, for losses which occurred as a direct consequence of special
measures directed against such property in any area covered under this
title.
"CONSOLIDATED AWARDS
"SEC. 606. With respect to any claim under section 602 of this title
which, at the time of the award, is vested in persons other than the
person by whom the original loss was sustained, the Commission shall
issue a consolidated award in favor of all claimants then entitled
thereto, which award shall indicate the respective interests of such
claimants therein, and all such claimants shall participate, in propor-
tion to their indicated interests, in any payments that may be made
under this title in all respects as if the award had been in favor of a
single person.
"CLAIMS FUND
"SEC. 607. (a) The Secretary of the Treasury is hereby authorized to
establish in the Treasury of the United States a fund to be designated
the Claims Fund as defined under section 601 (5) for the payment of
unsatisfied claims of nationals of the United States against the German
Democratic Republic as authorized in this title.
"(b) The Secretary of the Treasury shall deduct from any amounts
covered into the Claims Fund, an amount equal to 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.
"AWARD PAYMENT PROCEDURES
"SEC. 608. (a) The Commission shall certify to the Secretary of the
Treasury, in terms of United States currency, each award made pur-
suant to section 602 of this title.
"(b) Upon certification of such award, the Secretary of the Treasury
is authorized and directed, out of the sums covered into the Claims
Fund, to make payments on account of such awards as follows, and in
the following order of priority:
"(1) payment in full of the principal amount of each award
of $1,000 or less
(2) payment in the amount of $1,000 on account of the prin-
cipal amount of each award of more than $1,000 in principal
amount;
"(3) thereafter, payments from time to time, in ratable propor-
tions, on account of the unpaid balance of the principal amounts
of all awards according to the proportions which the unpaid
balance of such awards bear to the total amount in the fund
available for distribution at the time such payments are made;
"(4) after payment has been made in full of the principal
amounts of all awards, pro rata payments may be made on account
of any interest that may be allowed on such awards;
con
S. 3621-4
"(5) payments or applications for payments shall be made in
accordance with such regulations as the Secretary of the Treasury
may prescribe.
"SETTLEMENT PERIOD
"SEC. 609. The Commission shall complete its affairs in connection
with the settlement of claims pursuant to this title not later than three
years following the final date for the filing of claims as provided in
section 602 of this title.
"TRANSFER OF RECORDS
"SEC. 610. The Secretary of State is authorized and directed to
transfer or otherwise make available to the Commission such records
and documents relating to claims authorized by this title as may be
required by the Commission in carrying out its functions under this
title.
"APPROPRIATIONS
"SEC. 611. There are hereby authorized to be appropriated such sums
as may be necessary to enable the Commission and the Treasury
Department of pay their respective administrative expenses incurred
in carrying out their functions under this title.
"FEES FOR SERVICES
"SEC. 612. No remuneration on account of services rendered on be-
half of any claimant, in connection with any claim filed with the Com-
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 claims. 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 remunera-
tion in excess of the maximum permitted by this section 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.
"APPLICATION OF OTHER LAWS
"SEC. 613. To the extent they are not inconsistent with the provisions
of this title, the following provisions of title I of the Act shall be
applicable to this title: subsections (b), (c), (d), (e), (h), and (j) of
section 4; subsections (c), (d), (e), and (f) of section 7.
"SEPARABILITY
"SEc. 614. If any provisions of this Act or the application thereof
to any person or circumstances shall be held invalid, the remainder of
the Act or the application of such provision to other persons or cir-
cumstances shall not be affected.
"PROTESTS
"Sec. 615. Notwithstanding the provision of sections 210 and 211 of
the War Claims Act of 1948 (Act of July 3, 1948), as amended by
Public Law 87-846, the Foreign Claims Settlement Commission estab-
lished by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) is author-
ized and directed to receive and consider protests relating to awards
made by the Commission during the ten calendar days immediately
CORRECTED CHEET
S. 3621-5
preceding the expiration of the Commission's mandate to make such
awards on May 17, 1967. Any such protests must be filed within ninety
days after notice of the enactment of this provision is filed with and
published in the Federal Register, which shall take place within thirty
days of enactment. Such protests may include the submission of new
evidence not previously before the Commission, and shall be acted upon
within thirty days after receipt by the Commission. The Commission
may modify awards made during the subject period in accordance with
the procedures established by the War Claims Act of 1948, and any
increases in awards determined to be appropriated by the Commission
shall be certified to and paid by the Secretary of the Treasury out of
funds which are now or may hereafter become available in the War
Claims Fund in accordance with section 213 of the Act.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.