§ 1621. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1621]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 21--SETTLEMENT OF INTERNATIONAL CLAIMS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1621. Definitions
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.
(Mar. 10, 1950, ch. 54, title I, Sec. 2, 64 Stat. 13; Aug. 9, 1955, ch.
645, Secs. 1, 2, 69 Stat. 562.)
References in Text
For definition of Canal Zone, referred to in subsec. (b), see
section 3602(b) of this title.
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R.
2076, see section 119(b) of H.R. 2076, as enacted into law by Pub. L.
104-91, set out as an Authority of Foreign Claims Settlement Commission
note under section 1644 of this title.
Amendments
1955--Act Aug. 9, 1955, Sec. 1, amended credit to section by
designating act Mar. 10, 1950, as ``title I''.
Act Aug. 9, 1955, Sec. 2, substituted ``subchapter'' for ``chapter''
in opening phrase.
Short Title of 1999 Amendment
Pub. L. 106-155, Sec. 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
Section 1 of act Mar. 10, 1950, provided that: ``This Act [enacting
this chapter] may be cited as the `International Claims Settlement Act
of 1949'.''
Titles of Act
Sections 1 and 3 of act Aug. 9, 1955, 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.
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including
offices of its members, abolished and functions of Commission and of
members, officers, and employees thereof transferred to Foreign Claims
Settlement Commission of the United States by Reorg. Plan No. 1 of 1954,
Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out as a
note under section 1622 of this title.
Appropriations
Section 9 of act Mar. 10, 1950, 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].''
United States Holocaust Assets Commission
Pub. L. 105-186, June 23, 1998, 112 Stat. 611, as amended by Pub. L.
106-155, Sec. 2, Dec. 9, 1999, 113 Stat. 1740, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `U.S. Holocaust Assets Commission Act
of 1998'.
``SEC. 2. ESTABLISHMENT OF COMMISSION.
``(a) Establishment.--There is established a Presidential
Commission, to be known as the `Presidential Advisory Commission on
Holocaust Assets in the United States' (hereafter in this Act referred
to as the `Commission').
``(b) Membership.--
``(1) Number.--The Commission shall be composed of 21 members,
appointed in accordance with paragraph (2).
``(2) Appointments.--Of the 21 members of the Commission--
``(A) eight shall be private citizens, appointed by the
President;
``(B) four shall be representatives of the Department of
State, the Department of Justice, the Department of the Army,
and the Department of the Treasury (one representative of each
such Department), appointed by the President;
``(C) two shall be Members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
``(D) two shall be Members of the House of Representatives,
appointed by the minority leader of the House of
Representatives;
``(E) two shall be Members of the Senate, appointed by the
majority leader of the Senate;
``(F) two shall be Members of the Senate, appointed by the
minority leader of the Senate; and
``(G) one shall be the Chairperson of the United States
Holocaust Memorial Council.
``(3) Criteria for membership.--Each private citizen appointed
to the Commission shall be an individual who has a record of
demonstrated leadership on issues relating to the Holocaust or in
the fields of commerce, culture, or education that would assist the
Commission in analyzing the disposition of the assets of Holocaust
victims.
``(4) Advisory panels.--The Chairperson of the Commission may,
in the discretion of the Chairperson, establish advisory panels to
the Commission, including State or local officials, representatives
of organizations having an interest in the work of the Commission,
or others having expertise that is relevant to the purposes of the
Commission.
``(5) Date.--The appointments of the members of the Commission
shall be made not later than 90 days after the date of enactment of
this Act [June 23, 1998].
``(c) Chairperson.--The Chairperson of the Commission shall be
selected by the President from among the members of the Commission
appointed under subparagraph (A) or (B) of subsection (b)(2).
``(d) Period of Appointment.--Members of the Commission shall be
appointed for the life of the Commission.
``(e) Vacancies.--Any vacancy in the membership of the Commission
shall not affect its powers, but shall be filled in the same manner as
the original appointment.
``(f) Meetings.--The Commission shall meet at the call of the
Chairperson at any time after the date of appointment of the
Chairperson.
``(g) Quorum.--11 members of the Commission shall constitute a
quorum, but a lesser number of members may hold meetings.
``SEC. 3. DUTIES OF THE COMMISSION.
``(a) Original Research.--
``(1) In general.--Except as otherwise provided in paragraph
(3), the Commission shall conduct a thorough study and develop a
historical record of the collection and disposition of the assets
described in paragraph (2), if such assets came into the possession
or control of the Federal Government, including the Board of
Governors of the Federal Reserve System and any Federal reserve
bank, at any time after January 30, 1933--
``(A) after having been obtained from victims of the
Holocaust by, on behalf of, or under authority of a government
referred to in subsection (c);
``(B) because such assets were left unclaimed as the result
of actions taken by, on behalf of, or under authority of a
government referred to in subsection (c); or
``(C) in the case of assets consisting of gold bullion,
monetary gold, or similar assets, after such assets had been
obtained by the Nazi government of Germany from governmental
institutions in any area occupied by the military forces of the
Nazi government of Germany.
``(2) Types of assets.--Assets described in this paragraph
include--
``(A) gold, including gold bullion, monetary gold, or
similar assets in the possession of or under the control of the
Board of Governors of the Federal Reserve System or any Federal
reserve bank;
``(B) gems, jewelry, and nongold precious metals;
``(C) accounts in banks in the United States;
``(D) domestic financial instruments purchased before May 8,
1945, by individual victims of the Holocaust, whether recorded
in the name of the victim or in the name of a nominee;
``(E) insurance policies and proceeds thereof;
``(F) real estate situated in the United States;
``(G) works of art; and
``(H) books, manuscripts, and religious objects.
``(3) Coordination of activities.--In carrying out its duties
under paragraph (1), the Commission shall, to the maximum extent
practicable, coordinate its activities with, and not duplicate
similar activities already being undertaken by, private individuals,
private entities, or government entities, whether domestic or
foreign.
``(4) Insurance policies.--
``(A) In general.--In carrying out its duties under this
Act, the Commission shall take note of the work of the National
Association of Insurance Commissioners with regard to Holocaust-
era insurance issues and shall encourage the National
Association of Insurance Commissioners to prepare a report on
the Holocaust-related claims practices of all insurance
companies, both domestic and foreign, doing business in the
United States at any time after January 30, 1933, that issued
any individual life, health, or property-casualty insurance
policy to any individual on any list of Holocaust victims,
including the following lists:
``(i) The list maintained by the United States Holocaust
Memorial Museum in Washington, D.C., of Jewish Holocaust
survivors.
``(ii) The list maintained by the Yad Vashem Holocaust
Memorial Authority in its Hall of Names of individuals who
died in the Holocaust.
``(B) Information to be included.--The report on insurance
companies prepared pursuant to subparagraph (A) should include
the following, to the degree the information is available:
``(i) The number of policies issued by each company to
individuals described in such subparagraph.
``(ii) The value of each policy at the time of issue.
``(iii) The total number of policies, and the dollar
amount, that have been paid out.
``(iv) The total present-day value of assets in the
United States of each company.
``(C) Coordination.--The Commission shall coordinate its
work on insurance issues with that of the international
Washington Conference on Holocaust-Era Assets, to be convened by
the Department of State and the United States Holocaust Memorial
Council.
``(b) Comprehensive Review of Other Research.--Upon receiving
permission from any relevant individuals or entities, the Commission
shall review comprehensively any research by private individuals,
private entities, and non-Federal government entities, whether domestic
or foreign, into the collection and disposition of the assets described
in subsection (a)(2), to the extent that such research focuses on assets
that came into the possession or control of private individuals, private
entities, or non-Federal government entities within the United States at
any time after January 30, 1933, either--
``(1) after having been obtained from victims of the Holocaust
by, on behalf of, or under authority of a government referred to in
subsection (c); or
``(2) because such assets were left unclaimed as the result of
actions taken by, on behalf of, or under authority of a government
referred to in subsection (c).
``(c) Governments Included.--A government referred to in this
subsection includes, as in existence during the period beginning on
March 23, 1933, and ending on May 8, 1945--
``(1) the Nazi government of Germany;
``(2) any government in any area occupied by the military forces
of the Nazi government of Germany;
``(3) any government established with the assistance or
cooperation of the Nazi government of Germany; and
``(4) any government which was an ally of the Nazi government of
Germany.
``(d) Reports.--
``(1) Submission to the president.--Not later than December 31,
2000, the Commission shall submit a final report to the President
that shall contain any recommendations for such legislative,
administrative, or other action as it deems necessary or
appropriate. The Commission may submit interim reports to the
President as it deems appropriate.
``(2) Submission to the congress.--After receipt of the final
report under paragraph (1), the President shall submit to the
Congress any recommendations for legislative, administrative, or
other action that the President considers necessary or appropriate.
``SEC. 4. POWERS OF THE COMMISSION.
``(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such evidence
as the Commission considers advisable to carry out this Act.
``(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of any such department or
agency shall furnish such information to the Commission as expeditiously
as possible.
``(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
``(d) Gifts.--The Commission may accept, use, and dispose of gifts
or donations of services or property.
``(e) Administrative Services.--For the purposes of obtaining
administrative services necessary to carry out the purposes of this Act,
including the leasing of real property for use by the Commission as an
office, the Commission shall have the power to--
``(1) enter into contracts and modify, or consent to the
modification of, any contract or agreement to which the Commission
is a party; and
``(2) acquire, hold, lease, maintain, or dispose of real and
personal property.
``SEC. 5. COMMISSION PERSONNEL MATTERS.
``(a) Compensation.--No member of the Commission who is a private
citizen shall be compensated for service on the Commission. All members
of the Commission who are officers or employees of the United States
shall serve without compensation in addition to that received for their
services as officers or employees of the United States.
``(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.
``(c) Executive Director, Deputy Executive Director, General
Counsel, and Other Staff.--
``(1) In general.--Not later than 90 days after the selection of
the Chairperson of the Commission under section 2, the Chairperson
shall, without regard to the civil service laws and regulations,
appoint an executive director, a deputy executive director, and a
general counsel of the Commission, and such other additional
personnel as may be necessary to enable the Commission to perform
its duties under this Act.
``(2) Qualifications.--The executive director, deputy executive
director, and general counsel of the Commission shall be appointed
without regard to political affiliation, and shall possess all
necessary security clearances for such positions.
``(3) Duties of executive director.--The executive director of
the Commission shall--
``(A) serve as principal liaison between the Commission and
other Government entities;
``(B) be responsible for the administration and coordination
of the review of records by the Commission; and
``(C) be responsible for coordinating all official
activities of the Commission.
``(4) Compensation.--The Chairperson of the Commission may fix
the compensation of the executive director, deputy executive
director, general counsel, and other personnel employed by the
Commission, without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that--
``(A) the rate of pay for the executive director of the
Commission may not exceed the rate payable for level III of the
Executive Schedule under section 5314 of title 5, United States
Code; and
``(B) the rate of pay for the deputy executive director, the
general counsel of the Commission, and other Commission
personnel may not exceed the rate payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
``(5) Employee benefits.--
``(A) In general.--An employee of the Commission shall be an
employee for purposes of chapters 83, 84, 85, 87, and 89 of
title 5, United States Code, and service as an employee of the
Commission shall be service for purposes of such chapters.
``(B) Nonapplication to members.--This paragraph shall not
apply to a member of the Commission.
``(6) Office of personnel management.--The Office of Personnel
Management--
``(A) may promulgate regulations to apply the provisions
referred to under subsection (a) to employees of the Commission;
and
``(B) shall provide support services, on a reimbursable
basis, relating to--
``(i) the initial employment of employees of the
Commission; and
``(ii) other personnel needs of the Commission.
``(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement to the
agency of that employee, and such detail shall be without interruption
or loss of civil service status or privilege.
``(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
``(f) Staff Qualifications.--Any person appointed to the staff of or
employed by the Commission shall be an individual of integrity and
impartiality.
``(g) Conditional Employment.--
``(1) In general.--The Commission may offer employment on a
conditional basis to a prospective employee pending the completion
of any necessary security clearance background investigation. During
the pendency of any such investigation, the Commission shall ensure
that such conditional employee is not given and does not have access
to or responsibility involving classified or otherwise restricted
material.
``(2) Termination.--If a person hired on a conditional basis as
described in paragraph (1) is denied or otherwise does not qualify
for all security clearances necessary for the fulfillment of the
responsibilities of that person as an employee of the Commission,
the Commission shall immediately terminate the employment of that
person with the Commission.
``(h) Expedited Security Clearance Procedures.--A candidate for
executive director or deputy executive director of the Commission and
any potential employee of the Commission shall, to the maximum extent
possible, be investigated or otherwise evaluated for and granted, if
applicable, any necessary security clearances on an expedited basis.
``SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.
``Upon the request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
``SEC. 7. TERMINATION OF THE COMMISSION.
``The Commission shall terminate 90 days after the date on which the
Commission submits its final report under section 3.
``SEC. 8. MISCELLANEOUS PROVISIONS.
``(a) Inapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) does not apply to the Commission.
``(b) Public Attendance.--To the maximum extent practicable, each
meeting of the Commission shall be open to members of the public.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated not more than $6,000,000,
in total, for the interagency funding of activities of the Commission
under this Act for fiscal years 1998, 1999, 2000, and 2001, of which,
notwithstanding section 1346 of title 31, United States Code, and
section 611 of the Treasury and General Government Appropriations Act,
1998 [Pub. L. 105-61, 111 Stat. 1310], $537,000 shall be made available
in equal amounts from funds made available for fiscal year 1998 to the
Departments of Justice, State, and the Army that are otherwise
unobligated. Funds made available to the Commission pursuant to this
section shall remain available for obligation until December 31, 1999.''
