§ 1975. Claims for amounts expended because of seizure

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1954

   Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883 · 68 Stat. 883

   Enacted · 22 U.S.C. § 1975

   Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883

   Source evidence

   Code source credit
   Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883

2. 1968

   Fishermen’s Protective Act of 1967

   Pub. L. 90–482 § 3 · 82 Stat. 729

   Inserted · 22 U.S.C. § 1975

   Pub. L. 90–482 inserted provisions authorizing the Secretary to act when payments are made pursuant to section 1977 of this title, and provisions authorizing the Secretary to withhold the amount of any unpaid claim against the foreign country from the foreign assistance funds programed for that country, such amounts withheld not to constitute satisfaction of any unpaid claim

   Source evidence

   Code amendment note
   Pub. L. 90–482 inserted provisions authorizing the Secretary to act when payments are made pursuant to section 1977 of this title, and provisions authorizing the Secretary to withhold the amount of any unpaid claim against the foreign country from the foreign assistance funds programed for that country, such amounts withheld not to constitute satisfaction of any unpaid claim.

   Enacted provision · exact public law section
   Sec. 3. Section 5 of the Act of August 27, 1954 (68 Stat. 883, 22 U.S.C. 1975), is amended to read as follows: “Sec. 5. The Secretary of State shall take such action as he may deem appropriate to make and collect claims against a foreign country for amounts expended by the United States under the provisions of this Act (including payments made pursuant to section 7) because of the seizure of a vessel of the United States by such country. If such country fails or refuses to make payment in full within one hundred and twenty days after receiving notice of any such claim of the United States, the Secretary of State shall withhold, pending such payment, an amount equal to such unpaid claim from any funds programed for the current fiscal year for assistance to the government of such country (as shown in materials concerning such fiscal year presented to the Congress in connection with its consideration of 75 Stat. 424. 22 USC 2151 note. amendments to the Foreign Assistance Act of 1961). Amounts withheld under this section shall not constitute satisfaction of any such claim of the United States against such foreign country.”

3. 1972

   Pub. L. 92–569 § 3 · 86 Stat. 1181

   Substituted · 22 U.S.C. § 1975

   Pub. L. 92–569 substituted provisions that the Secretary of State notify the foreign country of reimbursements made under section 1973 of this title and payments made under section 1977 of this title, take appropriate action to make and collect claims against such foreign country and on failure to receive payment or on refusal to pay within 120 days after the notification, transfer an amount equal to the unpaid amount from funds programmed for assistance to that country to the Fishermen’s Protective Fund or the separate account in the Treasury as the case may be, and in the case of inadequate funds programmed in the current fiscal year make the deduction from succeeding fiscal years, with exception that no such transfer be made when the President certifies to Congress that it is in the national interest not to do so, for provisions that the Secretary of State take appropriate action to collect claims against such foreign country and withhold amounts equal to the unpaid claims from the foreign assistance programmed for that fiscal year when such country fails or refuses to pay within 120 days of receipt of notice of claim

   Source evidence

   Code amendment note
   Pub. L. 92–569 substituted provisions that the Secretary of State notify the foreign country of reimbursements made under section 1973 of this title and payments made under section 1977 of this title, take appropriate action to make and collect claims against such foreign country and on failure to receive payment or on refusal to pay within 120 days after the notification, transfer an amount equal to the unpaid amount from funds programmed for assistance to that country to the Fishermen’s Protective Fund or the separate account in the Treasury as the case may be, and in the case of inadequate funds programmed in the current fiscal year make the deduction from succeeding fiscal years, with exception that no such transfer be made when the President certifies to Congress that it is in the national interest not to do so, for provisions that the Secretary of State take appropriate action to collect claims against such foreign country and withhold amounts equal to the unpaid claims from the foreign assistance programmed for that fiscal year when such country fails or refuses to pay within 120 days of receipt of notice of claim.

   Enacted provision · exact public law section
   Sec. 3. Section 5 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1975) is amended to read as follows: “Sec. 5. (a) The Secretary of State shall— “(1) immediately notify a foreign country of— “(A) any reimbursement made by the Secretary of the Treasury under section 3 as a result of the seizure of a vessel Ante, p. 1182. of the United States by such country. “(B) any payment made pursuant to section 7 in connection 82 Stat. 729. 22 USC 1977. with such seizure, and “(2) take such action as he deems appropriate to make and collect claims against such foreign country for the amounts so reimbursed and payments so made. “(b) If a foreign country fails or refuses to make payment in full on any claim made under subsection (a) (2) of this section within-one hundred and twenty days after the date on which such country is notified pursuant to subsection (a) (1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 unless the 75 Stat. 424. 22 USC 2151 note. President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen’s Protective Fund established pursuant to section 9 if the amount is transferred with respect to an unpaid claim for a reimbursement made under section 3, or (2) the separate account Ante, p. 1182. established in the Treasury of the United States pursuant to section 7 (c) if the amount is transferred with respect to an unpaid claim for a Infra. payment made under section 7(a). Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country.”

   Effective date note
   Amendment by Pub. L. 92–569 applicable with respect to seizures of vessels of the United States occurring on or after Oct. 26, 1972, see section 6 of Pub. L. 92–569, set out as a note under section 1972 of this title.

4. 1984

   Pub. L. 98–364 title III § 302(b) · 98 Stat. 440

   Substituted · 22 U.S.C. § 1975(a)(1)(A)

   Pub. L. 98–364 substituted “him” for “the Secretary of the Treasury”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 98–364 substituted “him” for “the Secretary of the Treasury”.

   Enacted provision · exact public law section
   (b) Section 5(a)(1)(A) of such Act of 1967 (22 U.S.C. 1975(a)(1)(A)) is amended by striking “the Secretary of the Treasury” and inserting in lieu thereof “him”.

3 of 4 references resolved to an enrolled provision · 1 partial