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50 U.S.C. § 4143 — Payment of awards; priorities; limitations

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4143 — Payment of awards; priorities; limitations

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Source file: Laws/federal/codes/united-states-code/title-50/section-4143-payment-of-awards-priorities-limitations--56bce8143c.md
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Source location: Title 50, Chapter 51, § 4143; chapter-051-war-claims.md

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**(a) Order of priority of payments** The Secretary of the Treasury shall pay out of the War Claims Fund on account of awards certified by the Commission pursuant to this subchapter as follows and in the following order of priority: (1) Payment in full of awards made pursuant to section 4132(d)(1) and (2) of this title, and thereafter of any award made pursuant to [section 4132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132/a&num=0&edition=prelim) to any claimant (A) certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended [[15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.], or (B) determined by the Commission to have been, on the date of loss, damage, or destruction, a nonprofit organization operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes. (2) Thereafter, payments from time to time on account of the other awards made pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment made pursuant to this paragraph on account of any award shall not exceed $10,000. (3) Thereafter, payments from time to time on account of the other awards made to individuals and corporations pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) and not compensated in full under paragraph (1) or (2) of this subsection in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment pursuant to this paragraph on account of any award shall not exceed $35,000. (4) Thereafter, payments from time to time on account of the unpaid balance of each remaining award made pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) or recertified pursuant to subsection (b) of [section 4139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4139&num=0&edition=prelim) which shall bear to such unpaid balance the same proportion as the total amount in the War Claims Fund and available for distribution at the time such payments are made bears to the aggregate unpaid balances of all such awards. No payment made pursuant to this paragraph on account of any award shall exceed the unpaid balance of such award. Payments heretofore made under [section 1641i of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641i&num=0&edition=prelim), on awards made against the Government of Hungary under [section 1641b(1) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641b/1&num=0&edition=prelim), and recertified under subsection (b) of [section 4139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4139&num=0&edition=prelim), shall be considered as payments under this paragraph and no payment shall be made on any recertified award until the percentage of distribution on awards made under [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim) exceeds the corresponding percentage of distribution on such recertified award: Provided, That no payment made on awards recertified under subsection (b) of [section 4139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4139&num=0&edition=prelim) shall exceed 40 per centum of the amount of the award recertified. **(b) Regulations** Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury shall prescribe. **(c) Aggregation of awards** For the purpose of making any such payments, other than under subsection (a)(1), an “award” shall be deemed to mean the aggregate of all awards certified for payment in favor of the same claimant. **(d) Death or disability of claimant** If any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates. **(e) Partial payment; extinguishment of rights** Payment on account of any award pursuant to this subchapter shall not, unless such payment is for the full amount of the award, extinguish any rights against any foreign government for the unpaid balance of the award. **(f) Losses occurring in Commonwealth of the Philippines** Payments made under this section on account of any award for loss, damage, or destruction occurring in the Commonwealth of the Philippines shall not exceed the amount paid on account of awards in the same amount under the Philippine Rehabilitation Act of 1946.11 See References in Text note below.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1623 — Claims

**(a) Jurisdiction of Commission; bases for determination; fair market value** (1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any claim of the Government of the United States or of any national of the United States— (A) included within the terms of the Yugoslav Claims Agreement of 1948; (B) included within the terms of any claims agreement concluded on or after March 10, 1954, between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof; or (C) included in a category of claims against a foreign government which is referred to the Commission by the Secretary of State. (2) In the decision of claims under this subchapter, the Commission shall apply the following in the following order: (A) The provisions of the applicable claims agreement as provided in this subsection. (B) The applicable principles of international law, justice, and equity. In determining the value of a claim under international law, the Commission shall award the fair market value of the property as of the time of the taking by the foreign government involved (without regard to any action or event that occurs after the taking), except that the value of the claim shall not reflect any diminution in value attributable to actions which are car

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4139 — Certification of awards

**(a)** The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund each award made pursuant to [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4132&num=0&edition=prelim). **(b)** The Commission shall recertify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund, awards heretofore made with respect to claims against the Government of Hungary under [section 1641b(1) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641b/1&num=0&edition=prelim). Nothing contained in this subsection shall be construed as authorizing the filing of new claims against Hungary.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1641i — Payment of awards

**(a) Manner of payment** The Secretary of the Treasury shall make payments on account of awards certified by the Commission pursuant to this subchapter as follows: (1) Payment in full of the principal amount of each award made pursuant to [section 1641d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641d/a/1&num=0&edition=prelim) and each award of $1,000 or less made pursuant to section 1641b or 1641c of this title; (2) Payment in full of the principal amount of each award of $1,000 or less made pursuant to [section 1641d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641d/a/2&num=0&edition=prelim); (3) Payment in the amount of $1,000 on account of the principal of each award of more than $1,000 in amount made pursuant to section 1641b, 1641c, or 1641d(a)(2) of this title; (4) After completing the payments under the preceding paragraphs of this subsection from any one fund, payments from time to time, in ratable proportions, on account of the then unpaid principal of all awards in the principal amount of more than $1,000, according to the proportions which the unpaid principal of such awards bear to the total amount in the fund available for distribution on account of such awards at the time such payments are made; (5) After payment has been made in full of the principal amounts of all awards from any one fund, pro rata payments from the remainder of such fund then available for distribution on account of accrued interest on such awards as bear interest; (6) Whenever the Commission is authorized to settle claims by the enactment of paragraph (4) of [section 1641b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641b&num=

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50 U.S.C. § 4132 — Claims authorized

The Commission is directed to receive and to determine according to the provisions of this subchapter the validity and amount of claims of nationals of the United States for— **(a)** loss or destruction of, or physical damage to, property located in Albania, Austria, Czechoslovakia, the Free Territory of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland, or Yugoslavia, or in territory which was part of Hungary or Rumania on December 1, 1937, but which was not included in such countries on September 15, 1947, which loss, destruction, or physical damage occurred during the period beginning September 1, 1939, and ending May 8, 1945, or which occurred in the period beginning July 1, 1937, and ending September 2, 1945, to property in territory occupied or attacked by the Imperial Japanese military forces (including territory to which Japan has renounced all right, title, and claim under article 2 of the Treaty of Peace Between the Allied Powers and Japan) except the island of Guam: Provided, That claims for loss, destruction, or damage occurring in the Commonwealth of the Philippines shall not be allowed except on behalf of nationals of the United States who have received no payment, and certify under oath or affirmation that they have received no payment, on account of the same loss, destruction, or damage under the Philippine Rehabilitation Act of 1946,11 See References in Text note below. whether or not claim was filed thereunder: Provided further, That such loss, destruction, or damage must have occurred, as a direct consequence of (1) military operations of war or (2) special measures directed against property in such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4140 — Claim filing period

Within sixty days after the enactment of this subchapter or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter, whichever date is later, the Commission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which claims may be filed, which limit shall not be more than eighteen months after such publication.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4141 — Claims settlement period

The Commission shall complete its affairs in connection with the settlement of claims pursuant to this subchapter not later than four years following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter.

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15 U.S.C. § 631 — Declaration of policy

Page 748 TITLE 15—COMMERCE AND TRADE § 631 Section 618, act June 30, 1947, ch. 166, title II, § 208, 61 Stat. 209, related to purchase and sale of surplus prop- erty, and was repealed by act of May 25, 1948, ch. 334, § 7, 62 Stat. 265. Section 619, act July 29, 1947, ch. 346, title II, § 201, 61 Stat. 515, related to limitations on use of funds of the Corporation, which Corporation was abolished by sec- tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out preceding section 601 of this title. CHAPTER 14A—AID TO SMALL BUSINESS Sec. 631. Declaration of policy. 631a. Congressional declaration of small business economic policy. 631b. Reports to Congress; state of small business. 631c. Small Business Manufacturing Task Force. 632. Definitions. 633. Small Business Administration. 633a. Detailed justification for proposed changes in budget requests. 634. General powers. 634a. Office of Advocacy within Small Business Ad- ministration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Budgetary line item and authorization of ap- propriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employ- ees’ compensation funds. 636. Additional powers. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. 636e. Definitions. 636f. Coordination of efforts between the Adminis- trator and the Internal Revenue Service to expedite loan processing. 636g. Developmen

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4143 — Payment of awards; priorities; limitations

Page 1041 TITLE 50—WAR AND NATIONAL DEFENSE § 4143 Statutory Notes and Related Subsidiaries PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN FEDERAL REGISTER Notwithstanding the provisions of this section and section 4141 of this title, receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which re- sult in modification of such awards shall be certified and paid by the Secretary of the Treasury out of the War Claims Fund in accordance with section 4143 of this title. See section 615 of act Mar. 10, 1950, ch. 54, as added by Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, set out as a note under section 1623 of Title 22, Foreign Re- lations and Intercourse. § 4141. Claims settlement period The Commission shall complete its affairs in connection with the settlement of claims pursu- ant to this subchapter not later than four years following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter. (July 3, 1948, ch. 826, title II, § 211, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.) Editorial Notes CODIFICATION Section was formerly classified to section 2017j of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN FEDERAL REGISTER Notwithstanding the provisions of this section and section 4140 of this title, receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which re- sult in modification o

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