22 U.S.C. § 1642b — Claims against United States; jurisdiction; limitation; preference; reserve fund

submitted 76 years ago by Pub. L. 85-604 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 356 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section generally bars judicial claims against the United States or its officers concerning property and proceeds covered by the subchapter. It permits only a limited compensation action in the Court of Federal Claims and limits recovery to a reserve.

No judicial relief or remedy must be available to any person asserting a claim against the United States or any officer or agent of it with respect to any action taken under this subchapter, or any other claim for or on account of the property or proceeds described in section 1642a of this title , or for any other action taken with respect to it except to the extent that the action complained of constitutes a taking of private property without just compensation, and to such extent the sole judicial relief and remedy available must be an action brought against the United States in the United States Court of Federal Claims which action must be brought within one year of August 8, 1958 , or it must be forever barred; and any action so brought must receive a preference over all actions which themselves are not given preference by statute. No other court must have original jurisdiction to consider any such claim by mandamus or otherwise. If any action is brought pursuant to this section the Secretary of the Treasury must set aside an appropriate reserve in the account containing the moneys held pursuant to subsection (a) of section 1642a of this title . Such reserve must be retained pending a final determination of all issues raised in the action and recovery in any such action must be limited to and paid out of the moneys so reserved. After a final determination of all issues raised in the action and payment of any judgment against the United States entered pursuant to it, any balance no longer required to be held in reserve must be disposed of in accordance with the provisions of subsection (d) of section 1642a of this title . Nothing in this section must be construed to create (1) any liability against the United States for any action taken pursuant to section 1642c of this title , (2) any liability against the United States in favor of the Government of Czechoslovakia, any agency or instrumentality of it or any person who is an assignee or successor in interest to it, or (3) any other liability against the United States.

the actual law source: uscode.house.gov ↗public domain

No judicial relief or remedy shall be available to any person asserting a claim against the United States or any officer or agent thereof with respect to any action taken under this subchapter, or any other claim for or on account of the property or proceeds described in section 1642a of this title, or for any other action taken with respect thereto except to the extent that the action complained of constitutes a taking of private property without just compensation, and to such extent the sole judicial relief and remedy available shall be an action brought against the United States in the United States Court of Federal Claims which action must be brought within one year of August 8, 1958, or it shall be forever barred; and any action so brought shall receive a preference over all actions which themselves are not given preference by statute. No other court shall have original jurisdiction to consider any such claim by mandamus or otherwise. If any action is brought pursuant to this section the Secretary of the Treasury shall set aside an appropriate reserve in the account containing the moneys held pursuant to subsection (a) of section 1642a of this title. Such reserve shall be retained pending a final determination of all issues raised in the action and recovery in any such action shall be limited to and paid out of the moneys so reserved. After a final determination of all issues raised in the action and payment of any judgment against the United States entered pursuant thereto, any balance no longer required to be held in reserve shall be disposed of in accordance with the provisions of subsection (d) of section 1642a of this title. Nothing in this section shall be construed to create (1) any liability against the United States for any action taken pursuant to section 1642c of this title, (2) any liability against the United States in favor of the Government of Czechoslovakia, any agency or instrumentality thereof or any person who is an assignee or successor in interest thereto, or (3) any other liability against the United States.

Source credit: (Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528; amended Pub. L. 97–164, title I, § 161(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

history & why it existsrecord from the source credit

1950Enacted · Pub. L. 85-604 · 72 Stat. 528
1982Amended · Pub. L. 97-164 · 96 Stat. 49
1992Amended · Pub. L. 102-572 · 106 Stat. 4516

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-604 on 1950-03-10.

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