22 U.S.C. § 1621 - Definitions

• Cite as: 22 U.S.C. § 1621

For the purposes of this subchapter-

(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 agreement between the Governments of the United States of America and of the Federal People's Republic of Yugoslavia regarding pecuniary claims of the United States and its nationals, signed July 19, 1948.

Cite as 22 U.S.C. § 1621

Source: Mar. 10, 1950, ch. 54, title I, §2, 64 Stat. 13; Aug. 9, 1955, ch. 645, §§1, 2, 69 Stat. 562.

Notes from the Office of Law Revision Counsel

current through 12/28/2021

EDITORIAL NOTES

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of this title.

AMENDMENTS

1955-Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".

Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter" in opening phrase.

STATUTORY NOTES AND RELATED SUBSIDIARIES

REFERENCES TO THIS SUBCHAPTER DEEMED TO INCLUDE SECTION 119 OF H.R. 2076

References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L. 104-91 set out as an Authority of Foreign Claims Settlement Commission note under section 1644 of this title.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-155, §1, Dec. 9, 1999, 113 Stat. 1740, provided that: "This Act [amending provisions set out as a note below] may be cited as the 'U.S. Holocaust Assets Commission Extension Act of 1999'."

SHORT TITLE

Act Mar. 10, 1950, ch. 54, §1, 64 Stat. 12, provided that: "This Act [enacting this chapter] may be cited as the 'International Claims Settlement Act of 1949'."

TITLES OF ACT

Act Aug. 9, 1955, ch. 645, §§1, 3, 69 Stat. 562, designated sections 1621 to 1627 of this title as "Title I" of act Mar. 10, 1950, which is classified to subchapter I of this chapter and added "Title II-Vesting and Liquidation of Bulgarian, Hungarian, and Rumanian Property" and "Title III-Claims Against Bulgaria, Hungary, Rumania, Italy, and the Soviet Union", which are classified to subchapters II and III, respectively, of this chapter. Pub. L. 85-604 added Title IV, Claims Against Czechoslovakia, which is classified to subchapter IV of this chapter. Pub. L. 88-666 added Title V, Claims Against Cuba and China, which is classified to subchapter V of this chapter. Pub. L. 94-542 added Title VI, Claims Against German Democratic Republic, which is classified to subchapter VI of this chapter. Pub. L. 96-606 added Title VII, Claims Against Vietnam, which is classified to subchapter VII of this chapter.

APPROPRIATIONS

Act Mar. 10, 1950, ch. 54, §9, 64 Stat. 18, provided that: "There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Commission to carry out its functions under this Act [enacting this chapter]."

GUAM WORLD WAR II LOYALTY RECOGNITION

Pub. L. 114-328, 130 Stat. 2642, as amended by Pub. L. 116-132, §1, Mar. 26, 2020, 134 Stat. 273, provided that:

"SEC. 1701. SHORT TITLE.

"This title may be cited as the 'Guam World War II Loyalty Recognition Act'.

"SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.

"(a) RECOGNITION OF THE SUFFERING OF THE RESIDENTS OF GUAM.-The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.

"(b) RECOGNITION OF THE LOYALTY OF THE RESIDENTS OF GUAM.-The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.

"SEC. 1703. GUAM WORLD WAR II CLAIMS FUND.

"(a) ESTABLISHMENT OF FUND.-The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this title referred to as the 'Claims Fund') for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with sections 1704 and 1705.

"(b) COMPOSITION OF FUND.-The Claims Fund established under subsection (a) shall be composed of amounts deposited into the Claims Fund under subsection (c) and any other payments made available for the payment of claims under this title.

"(c) PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED FROM GUAM DEPOSITED INTO FUND.-

"(1) IN GENERAL.-Notwithstanding section 30 of the Organic Act of Guam ( 48 U.S.C. 1421h ), the excess of-

"(A) any amount of duties, taxes, and fees collected under such section after fiscal year 2014, over

"(B) the amount of duties, taxes, and fees collected under such section during fiscal year 2014,

shall be deposited into the Claims Fund.

"(2) APPLICATION.-Paragraph (1) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under section 1704 have been made.

"(d) LIMITATION ON PAYMENTS MADE FROM FUND.-

"(1) IN GENERAL.-No payment may be made in a fiscal year under section 1704 until funds are deposited into the Claims Fund in such fiscal year under subsection (c).

"(2) AMOUNTS.-For each fiscal year in which funds are deposited into the Claims Fund under subsection (c), the total amount of payments made in a fiscal year under section 1704 may not exceed the amount of funds available in the Claims Fund for such fiscal year.

"(e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE EXPENSES.-The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount not to exceed 5 percent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this title. The amounts so deducted shall be used to reimburse the applicable appropriations.

"SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

"(a) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERNMENT.-After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under section 1705(b)(8), the Secretary of the Treasury shall make payments from the Claims Fund to compensable Guam victims and survivors of a compensable Guam decedents as follows:

"(1) COMPENSABLE GUAM VICTIM.-Before making any payments under paragraph (2), the Secretary shall make payments to compensable Guam victims as follows:

"(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000.

"(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000.

"(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000.

"(2) SURVIVORS OF COMPENSABLE GUAM DECEDENTS.-In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with subsection (b). The Secretary shall make payments under this paragraph only after all payments are made under paragraph (1).

"(b) DISTRIBUTION OF SURVIVOR PAYMENTS.-A payment made under subsection (a)(2) to the survivors of a compensable Guam decedent shall be distributed as follows:

"(1) In the case of a decedent whose spouse is living as of the date of the enactment of this Act [Dec. 23, 2016], but who had no living children as of such date, the payment shall be made to such spouse.

"(2) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.

"(3) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.

"(4) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who-