50 U.S.C. § 4702 — Insurance awards by War Shipping Ad-

Page 1197 TITLE 50—WAR AND NATIONAL DEFENSE § 4702 1 See Transfer of Functions note below. 2 See Change of Name note below. 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 Short Title note set out under section 1701 of Title 42 and Tables. The Suits in Admiralty Act, referred to in subsec. (a), is act Mar. 9, 1920, ch. 95, 41 Stat. 525, which was classi- fied generally to chapter 20 (§§ 741 to 743, 744 to 752) of former Title 46, Appendix, Shipping, and was repealed and restated in chapter 309 of Title 46, Shipping, by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. Section 30901 of Title 46 provides that chapter 309 of Title 46 may be cited as the Suits in Admiralty Act. For disposition of sections of former Title 46, Appendix, to Title 46, see Disposition Table preceding section 101 of Title 46. CODIFICATION Section was formerly classified to section 1291 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section is comprised of section 1 of act Mar. 24, 1943. In subsec. (b) of section 1 of the Act, par. (1) amended section 1426 of the Internal Revenue Code of 1939, act Feb. 10, 1939, ch. 2, 53 Stat. 177, which was repealed by section 7851 of the Internal Revenue Code of 1986, Title 26; par. (2) amended section 409 of Title 42, The Public Health and Welfare; and par. (3) amended section 907 of the Social Security Act Amendments of 1939, act Aug. 10, 1939, ch. 666, title IX, § 907, 53 Stat. 1402, which is not classified to the Code. Statutory Notes and Related Subsidiaries SHORT TITLE Act Mar. 24, 1943, ch. 26, 57 Stat. 45, which enacted this chapter, is popularly known as the Clarification Act. TRANSFER OF FUNCTIONS War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Ad- ministration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501. Maritime Administration transferred from Depart- ment of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation. VESSEL OPERATIONS UNDER REVOLVING FUND Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsecs. (a) and (c) of this section to, see section 50301(a) to (e) of Title 46, Shipping. Executive Documents TRANSFER OF FUNCTIONS United States Maritime Commission abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Govern- ment Organization and Employees, which transferred part of its functions and part of functions of its Chair- man to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an inde- pendent status in some respects, and transferred re- mainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vest- ed in Secretary to authorize their performance by Mar- itime Administrator, the head of Maritime Administra- tion, which likewise was established by the Plan in De- partment of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator. Federal Maritime Board, including offices of mem- bers of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organi- zation and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Gov- ernment Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education. § 4702. Insurance awards by War Shipping Ad- ministrators; findings and actions as conclu- sive (a) Omitted. (b) Whenever the Administrator, War Shipping Administration,1 finds that, on or after October 1, 1941, and before thirty days after March 24, 1943, a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission, the War Shipping Administration, or the War De- partment 2 or operated by, or for the account of, or at the direction or under the control of the Commission, the Administration, or the War De- partment, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended by this Act, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or ac- cident, if the Administrator finds that such ac- tion is required to make equitable provision for loss or injury related to the war effort and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not pro- vide for payments in excess of those generally provided for in comparable cases under insur- ance hereafter furnished under the said Sub- title—Insurance of title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this sub- section shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss or injury. There shall be no recovery of any money paid on account of insurance provided for the master, of- ficers, or members of the crew of, or individuals transported on, any vessel under this subsection or under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended, from any person who in the judgment of the Adminis- trator, War Shipping Administration, is without fault, and when in the judgment of the Adminis- trator such recovery would defeat the purposes of benefits otherwise authorized or would be against equity and good conscience. The dec- Page 1198 TITLE 50—WAR AND NATIONAL DEFENSE § 4703 larations, findings, and actions of or by the Ad- ministrator under this subsection shall be final and conclusive. (c) The Administrator, War Shipping Adminis- tration, is also authorized to make payments, in accordance with rate schedules provided by the United States Employees’ Compensation Act [5 U.S.C. 8101 et seq.], to a master, officer, or mem- ber of the crew of, or any persons transported on, a vessel owned by or chartered to the Mari- time Commission or the War Shipping Adminis- tration or operated by, or for the account of, or at the direction or under the control of the Com- mission or the Administration, for permanent total or partial disability as long as such dis- ability resulting from causes related to the war effort whether heretofore or hereafter arising exists; such payments to commence if and when insurance benefits provided by the War Shipping Administration for such person shall have been exhausted. (d) The War Shipping Administration shall have the right of intervention and a lien and right of recovery in the cases and to the extent of any payments paid and payable under this section or under Subtitle—Insurance of Title II of the Merchant Marine Act, 1936, as amended, in the manner provided in the last paragraph of subsection (c) of section 105 of the Act approved December 2, 1942 (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended by Public Law 216, 78th Congress, approved December 23, 1943. Any amounts recovered under this provision shall be covered into the Marine and War-risk insurance fund, War Shipping Administration. (Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47; Sept. 30, 1944, ch. 451, 58 Stat. 758; Aug. 8, 1946, ch. 905, 60 Stat. 937.) Editorial Notes REFERENCES IN TEXT Title II of the Merchant Marine Act, 1936, as amend- ed, referred to in subsecs. (b) and (d), is title II of act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified to sections 1128 to 1128h of former Title 46, Shipping, and which was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449. The United States Employees’ Compensation Act, as amended, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and the provi- sions thereof were reenacted by the first section there- of as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified to section 1292 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section is comprised of section 2 of act Mar. 24, 1943. Subsec. (a) of section 2 of the Act amended section 1128a of former Title 46, Shipping. AMENDMENTS 1946—Subsec. (b). Act Aug. 8, 1946, amended subsec. (b) generally, making section applicable to employees of the War Department. 1944—Subsec. (b). Act Sept. 30, 1944, inserted sentence beginning ‘‘There shall be no’’. Subsecs. (c), (d). Act Sept. 30, 1944, added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 207(a), (f) of act July 26, 1947, established Department of the Air Force, headed by a Secretary, and transferred functions (relat- ing to Army Air Forces) of Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under adminis- trative supervision of Secretary of the Army and Sec- retary of the Air Force, respectively. EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 8, 1946, ch. 905, 60 Stat. 937, provided that the amendment made by that Act is effective as of Mar. 24, 1943. TRANSFER OF FUNCTIONS War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Ad- ministration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501. Maritime Administration transferred from Depart- ment of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Maritime Commission, meaning United States Mari- time Commission, abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Mari- time Board and Chairman thereof, that Board having been created by that Plan as an agency within Depart- ment of Commerce with an independent status in some respects, and transferred remainder of that Commis- sion’s functions and functions of its Chairman to Sec- retary of Commerce, with power vested in Secretary to authorize their performance by Maritime Adminis- trator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Adminis- trator. Federal Maritime Board, including offices of mem- bers of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organi- zation and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. § 4703. Payment of compensation; insurance (a), (b) Omitted. (c) In the event that a vessel the title or use and possession of which is requisitioned or taken pursuant to chapter 563 of title 46 or the Act of June 6, 1941 (Public Law 101, Seventy-sev- enth Congress), is in the custody of any court, State or Federal, it shall be the duty of all