dreamproit/uscode huggingface dataset:
50 U.S.C. § 4042 (WAR AND NATIONAL DEFENSE)
§ 4042. Private right of action
(a) In general
Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
(b) Costs and attorney fees
The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
(Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877; amended Pub. L. 116–92, div. A, title V, § 547(a), Dec. 20, 2019, 133 Stat. 1378.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (a)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Codification
text: Section was formerly classified to section 597a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2019—Subsec. (a)(3). Pub. L. 116–92 added par. (3).
heading: Statutory Notes and Related Subsidiaries
heading: Construction
text: Pub. L. 116–92, div. A, title V, § 547(b), Dec. 20, 2019, 133 Stat. 1378, provided that: “The amendments made by subsection (a) [amending this section] shall not be construed to imply that a person aggrieved by a violation of such Act [the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.)] did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act [Dec. 20, 2019].”
50 U.S.C. § 4043 (WAR AND NATIONAL DEFENSE)
§ 4043. Preservation of remedies
Nothing in section 4041 or 4042 of this title shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
(Oct. 17, 1940, ch. 888, title VIII, § 803, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 597b of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4102 (WAR AND NATIONAL DEFENSE)
§ 4102. 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: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2002 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Executive Documents
heading: Transfer of Functions
text: 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 4101 of this title and notes thereunder.
50 U.S.C. § 4107 (WAR AND NATIONAL DEFENSE)
§ 4107. Reports to Congress
Not later than six months after its organization, and every six months 1 thereafter, the Commission shall make a report to the Congress concerning its operations under this subchapter.
(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: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 2008 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to this subchapter.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Modification of Reporting Requirements
text: Pub. L. 89–348, § 2(6), Nov. 8, 1965, 79 Stat. 1312, modified the reporting requirements of this section as follows: “Beginning January 1, 1967, from semiannual to annual submission to the Congress by the Foreign Claims Settlement Commission of the United States of a report concerning its operations under the War Claims Act of 1948 (62 Stat. 1246; 50 U.S.C. App. 2008 [now 50 U.S.C. 4107]).”
heading: Executive Documents
heading: Transfer of Functions
text: 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 4101 of this title and notes thereunder.
50 U.S.C. § 4108 (WAR AND NATIONAL DEFENSE)
§ 4108. 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 subchapter 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 subchapter.
(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: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 2009 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text in two places as reference to this subchapter.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Executive Documents
heading: Transfer of Functions
text: 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 4101 of this title and notes thereunder.
50 U.S.C. § 4109 (WAR AND NATIONAL DEFENSE)
§ 4109. 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 subchapter 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: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 2010 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to this subchapter.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Executive Documents
heading: Transfer of Functions
text: 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 4101 of this title and notes thereunder.
50 U.S.C. § 4111 (WAR AND NATIONAL DEFENSE)
§ 4111. Payments to certain members of religious orders
In any case in which any money is payable as a result of the enactment of this subchapter 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: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 2013 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to this subchapter.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Executive Documents
heading: Transfer of Functions
text: 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 4101 of this title and notes thereunder.
50 U.S.C. § 4112 (WAR AND NATIONAL DEFENSE)
§ 4112. 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 4105 of this title, and paragraphs (2) and (3) of subsection (d) of such section 4105.
(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 4105 of this title.
(d) Filing date for claims
Claims for benefits under this section must be filed within one year after August 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 4110 of this title.
(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: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2014 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsecs. (a) and (c) as reference to section 4105 of this title and in subsec. (e) as reference to section 4110 of this title.
heading: Statutory Notes and Related Subsidiaries
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.
50 U.S.C. § 4113 (WAR AND NATIONAL DEFENSE)
§ 4113. 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 4104 of this title 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 agents 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 4104 of this title.
(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 August 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 4110 of this title.
(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: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2015 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsecs. (a) and (b) as reference to section 4104 of this title and in subsec. (e) as reference to section 4110 of this title.
heading: Statutory Notes and Related Subsidiaries
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.
50 U.S.C. § 4131 (WAR AND NATIONAL DEFENSE)
§ 4131. Definitions
As used in this subchapter 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: Editorial Notes
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: Codification
text: Section was formerly classified to section 2017 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Separability
text: Pub. L. 87–846, title III, § 301, Oct. 22, 1962, 76 Stat. 1117, provided that: “If any provision of this Act [see Tables for classification], 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.
50 U.S.C. § 4133 (WAR AND NATIONAL DEFENSE)
§ 4133. 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 4132 of this title 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 4132 of this title has been assigned for value prior to October 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2017b of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4134 (WAR AND NATIONAL DEFENSE)
§ 4134. Nationality of claimants
No claim shall be allowed under subsection (a), (b), or (c) of section 4132 of this title 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 subchapter. 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 October 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 subchapter 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2017c of the former Appendix to this title prior to editorial reclassification and renumbering as this section.