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50 U.S.C. § 4138 — Certain awards prohibited

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

50 U.S.C. § 4138 — Certain awards prohibited

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Stable record: federal_law:legal_authorities:usc2024-363f5e17638d13bdcdd8d486
Source file: Laws/federal/codes/united-states-code-2024/title-50/section-4138-certain-awards-prohibited--991f8dd4a2.md
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Source location: USCODE-2024-title50-chap51-subchapII-sec4138.pdf

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Page 1040 TITLE 50—WAR AND NATIONAL DEFENSE § 4137 Chapter 2A of the Internal Revenue Code of 1939, re- ferred to in subsec. (b), was comprised of sections 500 to 511 of former Title 26, Internal Revenue Code. Sections 500 to 511 were repealed by section 7851(a)(1)(A) of Title 26, Internal Revenue Code. Chapter 2B of the Internal Revenue Code of 1939, re- ferred to in subsec. (b), was comprised of sections 600 to 605 of former Title 26, Internal Revenue Code. Sections 600 to 605 were repealed by act Nov. 8, 1945, ch. 453, title II, § 202, 59 Stat. 574, eff. with respect to taxable years ending June 30, 1946. Chapter 2D of the Internal Revenue Code of 1939, re- ferred to in subsec. (b), was comprised of sections 700 to 706 of former Title 26, Internal Revenue Code. Sections 700 to 716 were repealed by section 7851(a)(1)(A) of Title 26, Internal Revenue Code. Chapter 2E of the Internal Revenue Code of 1939, re- ferred to in subsec. (b), was comprised of sections 710 to 784 of former Title 26, Internal Revenue Code. Sections 710 to 736, 740, 742 to 744, 750, 751, 760, 761 and 780 to 784 were repealed by act Nov. 8, 1945, ch. 453, title I, § 122(a), 59 Stat. 568. Section 741 was repealed by act Oct. 21, 1942, ch. 619, title II, §§ 224(b), 228(b), 56 Stat. 920, 925. Section 752 was repealed by act Oct. 21, 1942, ch. 619, title II, § 229(a)(1), 56 Stat. 931, eff. as of Oct. 8, 1940. Subtitle A of the Internal Revenue Code of 1986, re- ferred to in subsec. (b), is subtitle A of act Aug. 16, 1954, ch. 736, 68A Stat. 4, which comprises subtitle A (§ 1 et seq.) of Title 26, Internal Revenue Code. CODIFICATION Section was formerly classified to section 2017e of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. § 4137. 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 inter- ests of such claimant therein; and all such claimants shall participate, in proportion to their indicated interests, in the payments au- thorized by this subchapter 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.) Editorial Notes CODIFICATION Section was formerly classified to section 2017f of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4138. Certain awards prohibited No award shall be made under this subchapter to or for the benefit of (1) any person who has been convicted of a violation of any provision of chapter 115, title 18, or of any other crime in- volving disloyalty to the United States, or (2) any claimant whose claim under this subchapter is within the scope of title III of the Inter- national Claims Settlement Act of 1949, as amended (69 Stat. 570) [22 U.S.C. 1641 et seq.], ex- cept any claimant whose award under section 303(1) of title III of the International Claims Set- tlement Act of 1949, as amended [22 U.S.C. 1641b(1)], is recertified pursuant to subsection (b) of section 4139 of this title. (July 3, 1948, ch. 826, title II, § 208, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1110.) Editorial Notes REFERENCES IN TEXT The International Claims Settlement Act of 1949, re- ferred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12. Title III of the Act is classified generally to subchapter III (§ 1641 et seq.) of chapter 21 of Title 22, Foreign Rela- tions and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1621 of Title 22 and Tables. CODIFICATION Section was formerly classified to section 2017g of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4139. Certification of awards (a) The Commission shall certify to the Sec- retary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund each award made pursuant to sec- tion 4132 of this title. (b) The Commission shall recertify to the Sec- retary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund, awards heretofore made with re- spect to claims against the Government of Hun- gary under section 1641b(1) of title 22. Nothing contained in this subsection shall be construed as authorizing the filing of new claims against Hungary. (July 3, 1948, ch. 826, title II, § 209, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.) Editorial Notes CODIFICATION Section was formerly classified to section 2017h of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4140. Claim filing period Within sixty days after the enactment of this subchapter or of legislation making appropria- tions to the Commission for payment of admin- istrative 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 publica- tion. (July 3, 1948, ch. 826, title II, § 210, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.) Editorial Notes REFERENCES IN TEXT The enactment of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 87–846, which was approved Oct. 22, 1962. CODIFICATION Section was formerly classified to section 2017i of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.

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

22 U.S.C. § 1641 — Definitions

As used in this subchapter the term— (1) “Person” means a natural person, partnership, association, other unincorporated body, corporation, or body politic. (2) “National of the United States” means (A) a natural person who is a citizen of the United States, or who owes permanent allegiance to the United States, and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or Territory thereof, or the District of Columbia, if natural persons who are nationals of the United States own, directly or indirectly, more than 50 per centum of the outstanding capital stock or other beneficial interest in such legal entity. It does not include aliens. (3) “Treaty of peace”, with respect to a country, means the treaty of peace with that country signed at Paris, France, February 10, 1947, which came into force between that country and the United States on September 15, 1947. (4) “Memorandum of Understanding” means the Memorandum of Understanding between the United States and Italy regarding Italian assets in the United States and certain claims of nationals of the United States, signed at Washington, District of Columbia, August 14, 1947 (61 Stat. 3962). (5) “Soviet Government” means the Union of Soviet Socialist Republics, including any of its present or former constituent republics, other political subdivisions, and any territories thereof, as constituted on or prior to November 16, 1933. (6) “Litvinov Assignment” means (A) the communication dated November 16, 1933, from Maxim Litvinov to President Franklin D. Roosevelt, wherein the Soviet Government assigned to the Government of the United States amounts admitted or found to be due it as the successor of prior governments of Russia, or otherwise, preparatory to a final settle

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1641

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

22 U.S.C. § 1641 — Definitions

Page 418 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641 to special wartime measures directed against it because of the enemy character of some or all of its stockholders; and no certificate by the De- partment of State as provided under section 1631f(c) of this title shall be required for such persons. (b) Notice of claim; time of claim; fund for pay- ment An interest in property vested under the Trad- ing With the Enemy Act, as amended, as the property of a corporation organized under the laws of Bulgaria, Hungary, or Rumania shall be subject to return under subsection (a) of this section only if a notice of claim for the return of any such interest has been timely filed under the provisions of section 4330 of Title 50, pro- vided that application may be made therefore within six months after July 24, 1968. In the event such interest has been liquidated and the net proceeds thereof transferred to the Bul- garian Claims Fund, Hungarian Claims Fund, or Rumanian Claims Fund, the net proceeds of any other interest representing vested property held in the United States Treasury may be used for the purpose of making the return hereunder. (c) Finality of determination Determinations by the designee of the Presi- dent or any other officer or agency with respect to claims under this section, including the al- lowance or disallowance thereof, shall be final and shall not be subject to review by any court. (Mar. 10, 1950, ch. 54, title II, § 216, as added Pub. L. 90–421, § 1(7), July 24, 1968, 82 Stat. 421.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, as amended, re- ferred to in subsecs. (a) and (b), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified generally to chapter 53 (§ 4301 et seq.) of Title 50, War and

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1641

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

22 U.S.C. § 1641b — Claims of nationals of the United States against Bulgaria, Hungary, and Rumania

The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims of nationals of the United States against the Governments of Bulgaria, Hungary, and Rumania, or any of them, arising out of the failure to— (1) restore or pay compensation for property of nationals of the United States as required by article 23 of the treaty of peace with Bulgaria, articles 26 and 27 of the treaty of peace with Hungary, and articles 24 and 25 of the treaty of peace with Rumania. Awards under this paragraph shall be in amounts not to exceed two-thirds of the loss or damage actually sustained; (2) pay effective compensation for the nationalization, compulsory liquidation, or other taking, prior to August 9, 1955, of property of nationals of the United States in Bulgaria, Hungary, and Rumania; (3) meet obligations expressed in currency of the United States arising out of contractual or other rights acquired by nationals of the United States prior to April 24, 1941, in the case of Bulgaria, and prior to September 1, 1939, in the case of Hungary and Rumania, and which became payable prior to September 15, 1947; (4) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Bulgaria and Rumania, between August 9, 1955, and the effective date of the claims agreement between the respective country and the United States; and (5) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1641b

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

22 U.S.C. § 1641b — Claims of nationals of the United States

Page 419 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1641c garian Claims Fund, the Hungarian Claims Fund, the Rumanian Claims Fund, the Italian Claims Fund, and the Soviet Claims Fund. The Secretary of the Treasury shall cover into each of the Hungarian, Rumanian, and Bulgarian Claims Funds, the funds attributable to the re- spective country or its nationals covered into the Treasury pursuant to subsections (a) and (b) of section 1631a of this title. The Secretary of the Treasury shall cover into the Italian Claims Fund the sum of $5,000,000 paid to the United States by the Government of Italy pursuant to article II of the Memorandum of Understanding. The Secretary shall cover into the Treasury the funds collected by the United States pursuant to the Litvinov Assignment (including postal funds due prior to November 16, 1933, to the Union of Soviet Socialist Republics because of money or- ders certified to that country for payment) and shall cover into the Soviet Claims Fund the funds so covered into the Treasury. The Sec- retary shall deduct from each claims fund 5 per centum thereof as reimbursement to the Gov- ernment of the United States for the expenses incurred by the Commission and by the Treas- ury Department in the administration of this subchapter. Such deduction shall be made before any payment is made out of such fund under sec- tion 1641i of this title. All amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. (b) Bulgarian and Rumanian fund The Secretary of the Treasury shall cover into each of the Bulgarian and Rumanian Claims Funds such sums as may be paid by the Govern- ment of the respective country pursuant to the terms of any claims settlement agreement be- tween the Government o

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1641b

Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 1641b. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 4138 — Certain awards prohibited

No award shall be made under this subchapter to or for the benefit of (1) any person who has been convicted of a violation of any provision of chapter 115, title 18, or of any other crime involving disloyalty to the United States, or (2) any claimant whose claim under this subchapter is within the scope of title III of the International Claims Settlement Act of 1949, as amended (69 Stat. 570) [[22 U.S.C. 1641](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641&num=0&edition=prelim) et seq.], except any claimant whose award under section 303(1) of title III of the International Claims Settlement Act of 1949, as amended [[22 U.S.C. 1641b(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1641b/1&num=0&edition=prelim)], is 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).

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