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B-198234 1 (1981-03-25)

handle is hein.gao/gaobadjfw0001 and id is 1 raw text is: TECOMPTROLLER GEEA DECISION • . OF THE UNITED STATES - 'WASHINGTON. 0. C. 20546 FILE: B-198234 DATE: March i25, 1981 MATTER OF Claims Settlement Commission- [. Caims under Micronesian Claims A DIGEST: Funds appropriated for expenses of Foreign Claims Settlement Commission are available to pay salaries or administrative expenses necessary to readjudicate claims under Micronesian Claims Act. Micronesian Claims Act authorizes appropriations to Commission to carry out purposes of Act, and Commis- sion's lump sum appropriation is available for expenses of reconstituting Micronesian Claims Commission for purpose of readjudi- cating remanded claims. The Chairman of the Foreign Claims Settlement Commission (FCSC) has requested our opinion as to whether he may lawfully obligate and expend funds appropriated for the expenses of the FCSC to pay salaries and administrative expenses which may be incurred in readjudicating claims under the Micronesian Claims Act of 1971, 50 U.S.C. App. §§ 2018- 2020b (Supp. II 1972). The Chairman indicates that, in two lawsuits in which he is a named defendant, the United States District Court for the District of Columbia has remanded for redetermination claims under the Act originally adjudicated by the now-defunct Micronesian Claims Commission (MCC). The court's mandate does not specify what body is to redetermine the claims. Under the circumstances, the Chairman asks whether FCSC appropriations are available to pay the costs of readjudi- cation. For the reasons indicated below we conclude that funds appropriated to carry out the activities of the Foreign Claims Settlement Commission are available to pay salaries or administrative expenses necessary to re- determine claims under the Micronesian Claims Act. The Micronesian Claims Act of 1971 establishes a Micronesian Claims Commission (MCC) to be under the control and direction of the Chairman of the FCSC (Chairman). 50 U.S.C. App. § 2019b. The five members of the MCC are to be appointed by the Chairman and are to serve at his pleasure. The Chairman is also to determine the compensation of the MCC members (within statutory limits) and to approve any hiring of employees or other expenditures by the MCC. With the approval of the Chairman, the MCC is to establish procedural rules including a final date for the filing of claims, which is to be no later than one year after the appointment of all members of the MCC. The Act instructs the ?4CC to wind up its affairs as expeditiously as possible but in no event later than 3 years after the final date for filing claims. II '70o

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