50 U.S.C. § 4101 — Foreign Claims Settlement Commission of

Page 1021 TITLE 50—WAR AND NATIONAL DEFENSE § 4101 Statutory Notes and Related Subsidiaries CONSTRUCTION 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 con- strued 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 be- fore the date of the enactment of this Act [Dec. 20, 2019].’’ § 4043. Preservation of remedies Nothing in section 4041 or 4042 of this title shall be construed to preclude or limit any rem- edy otherwise available under other law, includ- ing 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.) Editorial Notes CODIFICATION Section was formerly classified to section 597b of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. CHAPTER 51—WAR CLAIMS SUBCHAPTER I—TITLE I OF WAR CLAIMS ACT OF 1948 Sec. 4101. Foreign Claims Settlement Commission of the United States. 4102. Jurisdiction of Commission. 4103. Claims of employees of contractors. 4104. Internees. 4105. Prisoners of war. 4106. Religious organizations. 4107. Reports to Congress. 4108. Fee limitation for representing claimants; penalties. 4109. Hearings on claims; finality of decision. 4110. War Claims Fund. 4111. Payments to certain members of religious or- ders. 4112. United States citizens serving in allied forces. 4113. Detention benefits to merchant seamen. 4114. Philippines. SUBCHAPTER II—TITLE II OF WAR CLAIMS ACT OF 1948 4131. Definitions. 4132. Claims authorized. 4133. Transfers and assignments. 4134. Nationality of claimants. 4135. Claims of stockholders. 4136. Deductions in making awards. 4137. Consolidated awards. 4138. Certain awards prohibited. 4139. Certification of awards. 4140. Claim filing period. 4141. Claims settlement period. 4142. Notification to claimants. 4143. Payment of awards; priorities; limitations. 4144. Fees of attorneys and agents. 4145. Application of other laws. 4146. Transfer of records. 4147. Administrative expenses. Editorial Notes CODIFICATION Act July 3, 1948, ch. 826, comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding section 1 of this title. SUBCHAPTER I—TITLE I OF WAR CLAIMS ACT OF 1948 Editorial Notes CODIFICATION Pub. L. 87–846, § 101, Oct. 22, 1962, 76 Stat. 1107, des- ignated sections 2 to 17 of the War Claims Act of 1948 (act July 3, 1948, ch. 826), as ‘‘title I’’ of the act without supplying a name for such title, which for purposes of codification has been set out as this subchapter. § 4101. Foreign Claims Settlement Commission of the United States (a) Employment of personnel; use of other facili- ties and services The Foreign Claims Settlement Commission of the United States (hereinafter referred to as the ‘‘Commission’’) may, in accordance with the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, ap- point and fix the compensation of such officers, attorneys, and employees, and may make such expenditures, as may be necessary to carry out its functions. Officers and employees of any other department or agency of the Government may, with the consent of the head of such de- partment or agency, be assigned to assist the Commission in carrying out its functions. The Commission may, with the consent of the head of any other department or agency of the Gov- ernment, utilize the facilities and services of such department or agency in carrying out the functions of the Commission. (b) Rules and regulations; delegation of func- tions; time limit on filing of claims The Commission may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may delegate func- tions to any member, officer, or employee of the Commission. The Commission shall give public notice of the time when, and the limit of time within which, claims may be filed, which notice shall be published in the Federal Register. The limit of time within which claims may be filed with the Commission shall in no event be later than March 31, 1952. The Commission shall take immediate action to advise all persons entitled to file claims under the provisions of this sub- chapter administered by the Commission of their rights under such provisions, and to assist them in the preparation and filing of their claims. (c) Subpenas; issuance; contempt; witness fees; administration of oaths (1) For the purpose of any hearing, examina- tion, or investigation under this subchapter, the Commission and those employees designated by the Commission shall have the power to issue subpenas requiring persons to appear and testify or to appear and produce documents, or both, at any designated place where such hearing, exam- ination, or investigation is being held. The Com- mission or any employee so designated shall, Page 1022 TITLE 50—WAR AND NATIONAL DEFENSE § 4101 upon application of a claimant, issue to such claimant subpenas requiring the attendance and testimony of witnesses or the production of doc- uments, or both, required by such claimant in hearings upon his claim: Provided, That the claimant making such application pay the wit- ness fees and mileage of any witness or wit- nesses subpenaed upon his request. The produc- tion of a person’s documents at any place other than his place of business shall not be required, however, in any case in which, prior to the re- turn date specified in the subpena with respect thereto, such person either has furnished the issuer of the subpena with a copy of such docu- ments (certified by such person under oath to be a true and correct copy) or has entered into a stipulation with the issuer of the subpena as to the information contained in such documents. (2) The Commission may, in case of a failure or refusal on the part of any person to comply with any such subpena, invoke the aid of any United States district court within the jurisdic- tion of which the hearing, examination, or in- vestigation is being conducted, or such person resides or transacts business. Such court may issue an order requiring such person to appear at the designated place of hearing, examination, or investigation, there to give or produce testi- mony or documentary evidence concerning the matter in question. Any failure to obey such order of the court shall be punishable by such court as a contempt thereof. All process in any such case may be served in the judicial district wherein such person resides or transacts busi- ness or wherever such person may be found. (3) Witnesses subpenaed under this subsection shall be paid the same fees and mileage that are allowed and paid witnesses in United States dis- trict courts. (4) Any member of the Commission, and any employee of the Commission authorized by the Commission to do so, may administer to, or take from, any person an oath, affirmation, or affidavit when such action is necessary or appro- priate in the performance of the functions or ac- tivities of the Commission. (July 3, 1948, ch. 826, title I, § 2, 62 Stat. 1240; May 27, 1949, ch. 145, § 1(1), 63 Stat. 112; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Aug. 16, 1950, ch. 718, 64 Stat. 449; Apr. 5, 1951, ch. 27, 65 Stat. 28; 1954 Reorg. Plan No. 1 §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug. 21, 1954, ch. 784, § 3, 68 Stat. 762; Pub. L. 87–846, title I, §§ 102, 104(a), Oct. 22, 1962, 76 Stat. 1107, 1113; Pub. L. 96–209, title I, § 108, Mar. 14, 1980, 94 Stat. 97.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (b) and (c)(1), 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 classifica- tion of title I to the Code, see Tables. CODIFICATION In subsec. (a), ‘‘chapter 51 and subchapter III of chap- ter 53 of title 5’’ was substituted for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 2001 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1980—Subsec. (d). Pub. L. 96–209 struck out subsec. (d) which provided for terms of office of Chairman and members of Foreign Claims Settlement Commission of United States. See section 1622c(c) of Title 22, Foreign Relations and Intercourse. 1962—Subsecs. (b), (c)(1). Pub. L. 87–846, § 102, made technical amendment to reference in original act which appears in text as reference to this subchapter. Subsec. (d). Pub. L. 87–846, § 104(a), added subsec. (d). 1954—Subsec. (a). Act Aug. 21, 1954, struck out subsec. (a) which related to establishment and composition of the former War Claims Commission, and which had been affected by Reorg. Plan No. 1 of 1954 (see Transfer of Functions note below), redesignated subsec. (b) as (a) and substituted ‘‘The Foreign Claims Settlement Com- mission of the United States (hereinafter referred to as the ‘Commission’)’’ for ‘‘The Commission’’, meaning the former War Claims Commission. Subsecs. (b) to (d). Act Aug. 21, 1954, § 3(a), designated subsecs. (b) to (d) as (a) to (c), respectively. Former subsec. (e). Act Aug. 21, 1954, § 3(a), repealed subsec. (e) which related to termination of former War Claims Commission. 1951—Subsec. (c). Act Apr. 5, 1951, extended time limit on filing of claims from Mar. 1, 1951 to Mar. 31, 1952, and authorized Commission to advise claimants of their rights. 1950—Subsecs. (d), (e). Act Aug. 16, 1950, added subsec. (d) and redesignated former subsec. (d) as (e). 1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Subsec. (c). Act May 27, 1949, extended time within which persons may file claims until Mar. 1, 1951. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–209 effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as an Effective Date note under section 1622a of Title 22, Foreign Rela- tions and Intercourse. EFFECTIVE DATE OF 1951 AMENDMENT Act Apr. 5, 1951, ch. 27, 65 Stat. 28, provided that the amendment made by that Act is effective as of Mar. 1, 1951. SHORT TITLE OF 1954 AMENDMENT Act Aug. 31, 1954, ch. 1162, title I, § 1, 68 Stat. 1033, pro- vided: ‘‘That this Act [see Tables for classification] may be cited as the ‘War Claims Act Amendments of 1954’.’’ SHORT TITLE Act July 3, 1948, ch. 826, title I, § 1, 62 Stat. 1240, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘War Claims Act of 1948’.’’ REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Foreign Claims Settlement Commission’’ sub- stituted in text for ‘‘War Claims Commission’’ pursuant Page 1023 TITLE 50—WAR AND NATIONAL DEFENSE § 4103 to 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, which abolished War Claims Commission, including offices of its members, and transferred functions of Commission and members, officers, and employees thereof to For- eign Claims Settlement Commission of the United States. § 4102. Jurisdiction of Commission The Commission shall have jurisdiction to re- ceive and adjudicate according to law claims as hereinafter provided. (July 3, 1948, ch. 826, title I, § 3, 62 Stat. 1241.) Editorial Notes CODIFICATION Section was formerly classified to section 2002 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. 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. Executive Documents TRANSFER OF FUNCTIONS War Claims Commission, including offices of its members, abolished and functions transferred to For- eign 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 there- under. § 4103. Claims of employees of contractors (a) Payment by Secretary of Labor of certain claims; execution of releases The Secretary of Labor is authorized to re- ceive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101(a) of the Act entitled ‘‘An Act to provide benefits for the injury, dis- ability, death, or enemy detention of employees of contractors with the United States, and for other purposes’’, approved December 2, 1942, as amended [42 U.S.C. 1701(a)], or by the legal rep- resentative of any such person who may have died, for the amount by which (1) the total sum which would have been payable to such person by his employer (not including any payments for overtime), if such person’s contract of employ- ment had been in effect and he had been paid under it for the entire period during which he was entitled to receive benefits under section 101(b) of such Act [42 U.S.C. 1701(b)], exceeds (2) the entire amount creditable to such person’s account for such period under the provisions of such section plus any amounts paid to such per- son by such employer for such period or recov- ered by such person in any legal action against such employer based upon such person’s right against such employer for such period under the contract of employment, including payments in settlement of the liability of the employer aris- ing under or out of such contract. No claim shall be allowed to any person under the provisions of this section unless such person executes a full release to the employer and to the United States in respect to the liability of the employer aris- ing under or out of the contract of employment, except liability for workmen’s compensation benefits under the Act of August 16, 1941, as amended [42 U.S.C. 1651 et seq.] or detention or other benefits paid under the Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.]. Any claim allowed under the provisions of this sec- tion shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by sec- tion 4110 of this title. (b) Cancellation of employees’ obligations; repay- ment to employees (1) The Secretary of State is authorized and directed to cancel any obligation to the United States of any person specified in section 101(a) of such Act of December 2, 1942 [42 U.S.C. 1701(a)], to pay any sum which may have been advanced to or on behalf of any such person by the De- partment of State for the purpose of paying the costs of food and medical services furnished to such person during his period of internment by the Imperial Japanese Government or for the purpose of paying transportation or other ex- penses of repatriation. (2) The Secretary of Labor is authorized to re- ceive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101(a) of such Act of Decem- ber 2, 1942 [42 U.S.C. 1701(a)], for the repayment of any sum which may have been paid by such person to the Department of State in settlement of any obligation of the type referred to in para- graph (1) of this subsection. Any claim allowed under the provisions of this paragraph shall be certified by the Secretary of Labor to the Sec- retary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. (c) Omitted (July 3, 1948, ch. 826, title I, § 4, 62 Stat. 1241; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes REFERENCES IN TEXT Act of August 16, 1941, referred to in subsec. (a), is act Aug. 16, 1941, ch. 357, 55 Stat. 622, known as the Defense Base Act, which is classified generally to chapter 11 (§ 1651 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 42 and Tables. Act of December 2, 1942, referred to in subsec. (a), is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, which is classified principally to chapter 12 (§ 1701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. CODIFICATION Section is comprised of section 4 of act July 3, 1948. Subsec. (c) of section 4 of act July 3, 1948, amended sec- tion 1702 of Title 42, The Public Health and Welfare. Section was formerly classified to section 2003 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.