50 U.S.C. § 4132 — Claims authorized

Page 1037 TITLE 50—WAR AND NATIONAL DEFENSE § 4132 (2) In the case of each claim allowed in an amount greater than $500, such claim shall be paid in two installments. The first installment shall be paid in an amount equal to $500 plus 662⁄3 per centum of the amount of such claim allowed in excess of $500. The last installment shall be computed as of September 1, 1956, under the next sentence of this paragraph, and, as so computed, shall be paid from the sums remaining in the War Claims Fund on that date. If the sums remaining in the War Claims Fund on September 1, 1956, are suffi- cient to satisfy all claims allowed under this section and not paid in full, the unpaid portion of each such claim shall be paid in full; if the sums remaining in the War Claims Fund on September 1, 1956, are not sufficient to satisfy all claims allowed under this section and not paid in full, the last installment payable on each such claim shall be reduced ratably, and, as so reduced, shall be paid from the War Claims Fund. (July 3, 1948, ch. 826, title I, § 17, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1035; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 2016 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of sub- sec. (c) as reference to section 4104 of this title and ref- erence to section 4105 of this title and in subsec. (d) as reference to section 4110 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For provisions transferring Foreign Claims Settle- ment 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. SUBCHAPTER II—TITLE II OF WAR CLAIMS ACT OF 1948 Editorial Notes CODIFICATION Pub. L. 87–846, § 103, Oct. 22, 1962, 76 Stat. 1107, added ‘‘title II’’ (§§ 201 to 217) to the War Claims Act of 1948 (act July 3, 1948, ch. 826) without supplying a name for such title, which for purposes of codification has been set out as this subchapter. § 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 terri- torial limits of each such country or free terri- tory, 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 es- tablished pursuant to Reorganization Plan Num- bered 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 al- legiance to the United States, and (3) a corpora- tion, 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 cap- ital stock or other proprietary or similar inter- est is owned, directly or indirectly, by persons referred to in clauses (1) and (2) of this sub- section. 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.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279), referred to in subsec. (b), is set out in the Appen- dix to Title 5, Government Organization and Employ- ees. CODIFICATION Section was formerly classified to section 2017 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries SEPARABILITY 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 provi- sions to other persons or circumstances, shall not be af- fected.’’ TRANSFER OF FUNCTIONS For provisions transferring Foreign Claims Settle- ment 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. § 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 dur- ing 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 oc- cupied or attacked by the Imperial Japanese Page 1038 TITLE 50—WAR AND NATIONAL DEFENSE § 4133 1 See References in Text note below. 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, de- struction, or damage occurring in the Com- monwealth of the Philippines shall not be al- lowed 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 1946,1 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 prop- erty in such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property was owned, directly or indirectly, by a national of the United States at the time of such loss, damage or destruc- tion; (b) damage to, or loss or destruction of, ships or ship cargoes directly or indirectly owned by a national of the United States at the time such damage, loss, or destruction occurred, which was a direct consequence of military ac- tion by Germany or Japan during the period beginning September 1, 1939, and ending Sep- tember 2, 1945; no award shall be made under this subsection in favor of any insurer or rein- surer as assignee or otherwise as successor in interest to the right of the insured; (c) net losses under war-risk insurance or re- insurance policies or contracts, incurred in the settlement of claims for insured losses of ships directly or indirectly owned by a na- tional of the United States at the time of the loss, damage, or destruction of such ships and at the time of the settlement of such claims, which insured losses were a direct consequence of military action by Germany or Japan dur- ing the period beginning September 1, 1939, and ending September 2, 1945; such net losses shall be determined by deducting from the ag- gregate of all payments made in the settle- ment of such insured losses the aggregate of the net amounts received by any such insur- ance companies on all policies of contracts of war-risk insurance or reinsurance on ships under which the insured was a national of the United States, after deducting expenses; and (d) loss or damage on account of— (1) the death of any person who, being then a civilian national of the United States and a passenger on any vessel engaged in com- merce on the high seas, died or was killed as a result of military action by Germany or Japan which occurred during the period be- ginning September 1, 1939, and ending De- cember 11, 1941; awards under this paragraph shall be made only to or for the benefit of the following persons in the order of priority named: (A) widow or husband if there is no child or children of the deceased; (B) widow or husband and child or chil- dren of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares; (C) child or children of the deceased (in equal shares) if there is no widow or hus- band; and (D) parents of the deceased (in equal shares) if there is no widow, husband, or child; (2) injury or permanent disability sus- tained by any person, who being then a civil- ian national of the United States and a pas- senger on any vessel engaged in commerce on the high seas, was injured or permanently disabled as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be payable solely to the per- son so injured or disabled; (3) the loss or destruction, as a result of such action, of property on such vessel, as determined by the Commission to be reason- able, useful, necessary, or proper under the circumstances, which property was owned by any civilian national of the United States who was then a passenger on such vessel; and in the case of the death of any person suffering such loss, awards under this para- graph shall be made only to or for the ben- efit of the persons designated in paragraph (1) of this subsection and in the order of pri- ority named therein. (July 3, 1948, ch. 826, title II, § 202, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes REFERENCES IN TEXT The Philippine Rehabilitation Act of 1946, referred to in subsec. (a), is act Apr. 30, 1946, ch. 243, 60 Stat. 128, which was classified to sections 1751 to 1806 of the former Appendix to this title, prior to omission from the Code as terminated. CODIFICATION Section was formerly classified to section 2017a of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 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 destruc- tion shall not operate to extinguish any claim of the transferor otherwise compensable under ei- ther 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.) Editorial Notes CODIFICATION Section was formerly classified to section 2017b of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.