dreamproit/uscode huggingface dataset:
(Title 50 Appendix)
§ 2002. Jurisdiction of Commission
The Commission shall have jurisdiction to receive and adjudicate according to law claims as hereinafter provided.
(July 3, 1948, ch. 826, title I, § 3, 62 Stat. 1241.)
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
(Title 50 Appendix)
§ 2007. Commission’s report on personal injury and property claims to President; findings; recommendations; public property; legislative effect
(a) The Commission shall inquire into and report to the President, for submission of such report to the Congress on or before March 31, 1950, with respect to war claims arising out of World War II, other than claims which may be received and adjudicated under the preceding sections of this Act [sections 2001 to 2006 of this Appendix], and shall present in such report its findings on—
(1) the estimated number and amount of such claims, classified by types and categories; and
(2) the extent to which such claims have been or may be satisfied under international agreements or domestic or foreign laws.
(b) The report of the Commission shall contain recommendations with respect to—
(1) categories and types of claims, if any, which should be received and considered and the legal and equitable bases therefor;
(2) the administrative method by which such claims should be considered, and any priorities or limitations which should be applicable; and
(3) any limitations which should be applied to the allowance and payment of fees in connection with such claims.
(c) The Commission shall include in such report—
(1) such other recommendations as it deems appropriate; and
(2) such proposals for legislation as it deems appropriate for carrying out the recommendations made in such report.
(d) Such report, with accompanying evidence, shall be printed as a public document when received by the Congress.
(e) Nothing in this section shall be deemed to imply that the Congress will enact legislation—
(1) adopting any recommendations made under this section with respect to the consideration or payment of any type of claim; or
(2) making any moneys, including moneys remaining in the war claims fund after the making of payments from such fund provided for by this title [sections 2001 to 2016 of this Appendix], available for the payment of such claims.
(July 3, 1948, ch. 826, title I, § 8, 62 Stat. 1245; May 27, 1949, ch. 145, § 1(2), 63 Stat. 112; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
1949—Subsec. (a). Act May 27, 1949, extended until March 31, 1950, time within which Commission is required to file its reports and recommendations.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
(Title 50 Appendix)
§ 2008. Reports to Congress
Not later than six months after its organization, and every six months thereafter, the Commission shall make a report to the Congress concerning its operations under this title [sections 2001 to 2016 of this Appendix].
(July 3, 1948, ch. 826, title I, § 9, 62 Stat. 1246; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Annual Submission of Reports
text: Pub. L. 89–348, § 2(6), Nov. 8, 1965, 79 Stat. 1312, modified the provisions of this section, beginning Jan. 1, 1967, to require annual instead of semiannual submission to Congress by Foreign Claims Settlement Commission of report concerning its operations under War Claims Act of 1948.
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
heading: Malnutrition Study; Definitions; Report to Congress
text: Act Aug. 31, 1954, ch. 1162, title II, §§ 201–203, 68 Stat. 1037, defined terms “prisoner of war” and “civilian American citizen” and directed Secretary of Health, Education, and Welfare to conduct malnutrition study and report results thereof, not later than Aug. 31, 1955, to President for transmittal to Congress.
(Title 50 Appendix)
§ 2009. Fee limitation for representing claimants; penalties
No remuneration on account of services rendered or to be rendered to or on behalf of any claimant in connection with any claim filed with the administering agency under this title [sections 2001 to 2016 of this Appendix] shall exceed 10 per centum (or such lesser per centum as may be fixed by the administering agency with respect to any class of claims) of the amount allowed by the administering agency on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, pays or offers to pay, or promises, to pay, or receives, on account of services rendered or to be rendered in connection with any such claim, any remuneration in excess of the maximum permitted by this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both, and, if any such payment shall have been made or granted, the administering agency shall take such action as may be necessary to recover the same, and, in addition thereto any such claimant shall forfeit all rights under this title [said sections].
(July 3, 1948, ch. 826, title I, § 10, 62 Stat. 1246; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
(Title 50 Appendix)
§ 2010. Hearings on claims; finality of decision
The Commission shall notify all claimants of the approval or denial of their claims, and, if approved, shall notify such claimants of the amount for which such claims are approved. Any claimant whose claim is denied, or is approved for less than the full allowable amount of such claim, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission or its representatives with respect to such claim. Upon such hearing, the Commission may affirm, modify, or revise its former action with respect to such claim, including a denial or reduction in the amount theretofore allowed with respect to such claim. The action of the Commission in allowing or denying any claim under this title [sections 2001 to 2016 of this Appendix] shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States or by any court by mandamus or otherwise, and the Comptroller General is authorized and directed to allow credit in the accounts of any certifying or disbursing officer for payments in accordance with such action.
(July 3, 1948, ch. 826, title I, § 11, 62 Stat. 1246; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, including offices of its members, abolished and functions transferred to Foreign Claims Settlement Commission of the United States by 68 Reorg. Plan No. 1 of 1954, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
(Title 50 Appendix)
§ 2012a. Omitted
heading: Codification
text: Section, act June 29, 1955, ch. 226, title I, 69 Stat. 195, which placed a limitation on funds used for payment of claims, was from the General Government Matters Appropriation Act, 1956, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
1954—June 24, 1954, ch. 359, title I, 68 Stat. 293.
1953—July 31, 1953, ch. 302, title I, 67 Stat. 312.
1952—July 5, 1952, ch. 578, title I, 66 Stat. 410.
1951—Aug. 31, 1951, ch. 376, title I, 65 Stat. 282.
1950—Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 720.
(Title 50 Appendix)
§ 2013. Payments to certain members of religious orders
In any case in which any money is payable as a result of the enactment of this title [sections 2001 to 2016 of this Appendix] to any person who is prevented from accepting such money by the rules, regulations, or customs of the church or the religious order or organization of which he is a member, such money shall be paid, upon the request of such person, to such church or to such religious order or organization.
(July 3, 1948, ch. 826, title I, § 14, 62 Stat. 1247; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
War Claims Commission, 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, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.
(Title 50 Appendix)
§ 2014. United States citizens serving in allied forces
(a) Right to compensation
The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim for compensation filed by or on behalf of any individual who, being then an American citizen, served in the military or naval forces of any government allied with the United States during World War II who was held as a prisoner of war for any period of time subsequent to December 7, 1941, by any government of any nation with which such allied government has been at war subsequent to such date. Compensation shall be payable under this section in accordance with the standards established by, and at the rates prescribed in, subsection (b) of section 6 of this title [section 2005(b) of this Appendix], and paragraphs (2) and (3) of subsection (d) of such section 6 [section 2005(d) (2), (3) of this Appendix].
(b) Deductions
The amount payable under this section shall be reduced by such sum as the individual entitled to compensation under this section has received or is entitled to receive from any government by reason of the same detention.
(c) Payments on death
In the event of death of the individual entitled to compensation under this section, payment may be made to the persons specified in paragraph (4) of subsection (d) of section 6 of this title [section 2005(d)(4) of this Appendix].
(d) Filing date for claims
Claims for benefits under this section must be filed within one year after the date of enactment of this section [Aug. 31, 1954].
(e) Certification of claim for payment
Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this title [section 2012 of this Appendix].
(July 3, 1948, ch. 826, title I, § 15, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
(Title 50 Appendix)
§ 2015. Detention benefits to merchant seamen
(a) “Merchant seaman” defined
As used in this section, the term “merchant seaman” means any individual who was employed as a seaman or crew member on any vessel registered under the laws of the United States, or under the laws of any government friendly to the United States during World War II, and who was a citizen of the United States on and after December 7, 1941, to the date of his death or the date of filing claim under this section; except any such individual who is entitled to, or who has received, benefits under section 5 of this title [section 2004 of this Appendix] as a “civilian American citizen”.
(b) Determination of claim; rate of payment
The Commission is authorized to receive and determine, according to law, the amount and validity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a merchant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agent or instrumentalities in World War II for any period of time subsequent to December 7, 1941, during which he was held by either such government as a prisoner, internee, hostage, or in any other capacity. Detention benefits shall be paid under this section at the rates prescribed and in the manner provided in subsections (c) and (d) of section 5 of this title [section 2004(c), (d) of this Appendix].
(c) Collaborationists excluded
Payment of any claim filed under this section shall not be made to any merchant seaman, or to any survivor or survivors thereof, who, voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II.
(d) Time of filing claim
Claims for benefits under this section must be filed within one year after the date of enactment of this section [Aug. 31, 1954].
(e) Certification of claim for payment
Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this title [section 2012 of this Appendix].
(July 3, 1948, ch. 826, title I, § 16, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.)
heading: Amendments
text: 1962—Pub. L. 87–846 substituted “title” for “Act”.
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
(Title 50 Appendix)
§ 2017. Definitions
As used in this title [sections 2017 to 2017p of this Appendix] the term or terms—
(a) “Albania”, “Austria”, “Czechoslovakia”, “the Free Territory of Danzig”, “Estonia”, “Germany”, “Greece”, “Latvia”, “Lithuania”, “Poland”, and “Yugoslavia”, when used in their respective geographical senses, mean the territorial limits of each such country or free territory, as the case may be, in continental Europe as such limits existed on December 1, 1937.
(b) “Commission” means the Foreign Claims Settlement Commission of the United States established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).
(c) “National of the United States” means (1) a natural person who is a citizen of the United States, (2) a natural person who, though not a citizen of the United States, owes permanent allegiance to the United States, and (3) a corporation, partnership, unincorporated body, or other entity, organized under the laws of the United States, or of any State, the Commonwealth of Puerto Rico, the District of Columbia, or any possession of the United States and in which more than 50 per centum of the outstanding capital stock or other proprietary or similar interest is owned, directly or indirectly, by persons referred to in clauses (1) and (2) of this subsection. It does not include aliens.
(d) “Property” means real property and such items of tangible personalty as can be identified and evaluated.
(July 3, 1948, ch. 826, title II, § 201, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1107.)
heading: References in Text
text: Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279), referred to in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Separability
text: Pub. L. 87–846, title III, § 301, Oct. 22, 1962, 76 Stat. 1117, provided that: “If any provision of this Act [enacting sections 41, 42, and 2017 to 2017p of this Appendix, amending sections 9, 32, 33, 39, 2001, 2003 to 2010, 2012, and 2013 to 2016 of this Appendix, and exacting provisions set out as notes under this section and section 2001 of this Appendix], or the application thereof to any person or circumstances, shall be held invalid, the remainder of this Act, or the application of such provisions to other persons or circumstances, shall not be affected.”
heading: Transfer of Functions
text: For provisions transferring Foreign Claims Settlement Commission of the United States to Department of Justice, as a separate agency, see section 1622a et seq. of Title 22, Foreign Relations and Intercourse.
(Title 50 Appendix)
§ 2017b. Transfers and assignments
The transfer or assignment for value of any property forming the subject matter of a claim under subsection (a) or (b) of section 202 [section 2017a of this Appendix] subsequent to its damage, loss, or destruction shall not operate to extinguish any claim of the transferor otherwise compensable under either of such subsections. If a claim which could otherwise be allowed under subsection (a) or (b) of section 202 [section 2017a of this Appendix] has been assigned for value prior to the enactment of this title [Oct. 22, 1962], the assignee shall be the party entitled to claim thereunder.
(July 3, 1948, ch. 826, title II, § 203, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1109.)
(Title 50 Appendix)
§ 2017c. Nationality of claimants
No claim shall be allowed under subsection (a), (b), or (c) of section 202 of this title [section 2017a of this Appendix] unless the property upon which it is based was owned by a national or nationals of the United States on the date of loss, damage, or destruction and unless the claim was owned by a national or nationals of the United States continuously thereafter until the date of filing with the Commission pursuant to this title [sections 2017 to 2017p of this Appendix]. Where any person who lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country reacquired such citizenship before the date of enactment of this title [Oct. 22, 1962], then if such individual, but for such marriage would have been a national of the United States at all times on and after the date of such loss, damage, or destruction until the filing of the claim, such individual shall be treated for all purposes of this title [sections 2017 to 2017p of this Appendix] as having been a national of the United States at all such times.
(July 3, 1948, ch. 826, title II, § 204, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1109.)
(Title 50 Appendix)
§ 2017d. Claims of stockholders
(a) A claim under section 202 of this title [section 2017a of this Appendix] based upon an ownership interest in any corporation, association, or other entity which is a national of the United States shall be denied.
(b) A claim under section 202 of this title [section 2017a of this Appendix], based upon a direct ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this title [sections 2017 to 2017p of this Appendix], if such corporation, association, or other entity on the date of the loss was not a national of the United States, without regard to the per centum of ownership vested in the claimant in any such claim.
(c) A claim under section 202 of this title [section 2017a of this Appendix], based upon an indirect ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this title [sections 2017 to 2017p of this Appendix], only if at least 25 per centum of the entire ownership interest thereof at the time of such loss was vested in nationals of the United States.
(d) Any award on a claim under subsection (b) or (c) of this section shall be calculated on the basis of the total loss suffered by such corporation, association, or other entity, and shall bear the same proportion to such loss as the ownership interest of the claimant bears to the entire ownership interest thereof.
(July 3, 1948, ch. 826, title II, § 205, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1109.)
(Title 50 Appendix)
§ 2017f. Consolidated awards
With respect to any claim which, at the time of the award, is vested in persons other than the person by whom the loss was sustained, the Commission may issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimant therein; and all such claimants shall participate, in proportion to their indicated interests, in the payments authorized by this title [sections 2017 to 2017p of this Appendix] in all respects as if the award had been in favor of a single person.
(July 3, 1948, ch. 826, title II, § 207, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1110.)