50 U.S.C. § 4106 — Religious organizations

Page 1030 TITLE 50—WAR AND NATIONAL DEFENSE § 4106 (5) Each claim filed under this subsection must be filed not later than three years from whichever of the following dates last occurs: (A) June 24, 1970; (B) the date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or (C) the date upon which the Department of Defense makes a determination that the pris- oner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States. The Commission shall complete its determina- tions with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed. (6) Any claim allowed under the provisions of this subsection shall be paid from funds appro- priated pursuant to paragraph (7) of this sub- section. (7) There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including nec- essary administrative expenses. (g) Manner of payment Where any person entitled to payment under this section is under any legal disability, pay- ment may be made in accordance with the provi- sions of subsection (e) of section 4104 of this title. (July 3, 1948, ch. 826, title I, § 6, 62 Stat. 1244; Sept. 30, 1950, ch. 1116, 64 Stat. 1090; Apr. 9, 1952, ch. 167, § 1, 66 Stat. 47; Apr. 9, 1952, ch. 168, § 2, 66 Stat. 49; Aug. 21, 1954, ch. 784, § 2, 68 Stat. 761; Aug. 31, 1954, ch. 1162, title I, § 102(a)(1), 68 Stat. 1034; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107; Pub. L. 91–289, §§ 1, 2, June 24, 1970, 84 Stat. 323.) Editorial Notes CODIFICATION Section was formerly classified to section 2005 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1970—Subsec. (e)(1). Pub. L. 91–289, § 2(1), defined ‘‘prisoner of war’’ to include any person (military or ci- vilian) assigned to duty in the U.S.S. Pueblo who was captured by the military forces of North Korea on Jan- uary 23, 1968, and thereafter held prisoner by Govern- ment of North Korea for any period of time ending on or before December 23, 1968, and substituted ‘‘except any person’’ for ‘‘except any such member’’. Subsec. (e)(5)(D). Pub. L. 91–289, § 2(2), added subpar. (D). Subsecs. (f), (g). Pub. L. 91–289, § 1, added subsec. (f) and redesignated former subsec. (f) as (g). 1962—Subsecs. (b), (d)(3). Pub. L. 87–846 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 4110 of this title. 1954—Subsecs. (c), (d)(4). Act Aug. 31, 1954, § 102(a), struck out ‘‘dependent’’ wherever appearing. Subsec. (e). Act Aug. 21, 1954, § 2(b), added subsec. (e). Subsec. (f). Act Apr. 9, 1952, ch. 168, added subsec. as a second subsec. (d) which was redesignated ‘‘(f)’’ by act Aug. 21, 1954, § 2(a). 1952—Subsec. (a). Act Apr. 9, 1952, ch. 167, inserted ‘‘subsection (b) of’’ after ‘‘As used in’’. Subsec. (c). Act Apr. 9, 1952, ch. 168, struck out ‘‘or to his legal or natural guardian if he has one’’ after ‘‘per- son entitled thereto’’. Subsec. (d). Act Apr. 9, 1952, ch. 167, added subsec. (d). Another subsec. (d), which was added by act Apr. 9, 1952, ch. 168, was redesignated ‘‘(f)’’. See 1954 Amend- ment note above. 1950—Subsec. (c)(4). Act Sept. 30, 1950, removed re- quirement of dependency upon which parents were enti- tled to benefits. 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. COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR MEDAL WHO DID NOT PREVIOUSLY RECEIVE COMPENSATION AS PRISONER OF WAR Pub. L. 104–201, div. A, title VI, § 656, Sept. 23, 1996, 110 Stat. 2584, provided that: ‘‘(a) AUTHORITY TO MAKE PAYMENTS.—The Secretary of the military department concerned shall make pay- ments in the manner provided in section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105] to (or on behalf of) any person described in sub- section (b) who submits an application for such pay- ment in accordance with subsection (d). ‘‘(b) ELIGIBLE PERSONS.—This section applies with re- spect to a member or former member of the Armed Forces who— ‘‘(1) has received the prisoner of war medal under section 1128 of title 10, United States Code; and ‘‘(2) has not previously received a payment under section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105] with respect to the period of internment for which the person received the pris- oner of war medal. ‘‘(c) AMOUNT OF PAYMENT.—The amount of the pay- ment to any person under this section shall be deter- mined based upon the provisions of section 6 of the War Claims Act of 1948 [50 U.S.C. 4105] that are applicable with respect to the period of time during which the in- ternment occurred for which the person received the prisoner of war medal. ‘‘(d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLICA- TIONS.—A payment may be made by reason of this sec- tion only in the case of a person who submits an appli- cation to the Secretary concerned for such payment during the one-year period beginning on the date of the enactment of this Act [Sept. 23, 1996]. Any such applica- tion shall be submitted in such form and manner as the Secretary may require.’’ 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. § 4106. Religious organizations (a) Reimbursement for services furnished mem- bers of armed services and American civil- ians; certification of claims The Commission is authorized to receive, adju- dicate according to law, and provide for the pay- ment of any claim filed by any religious organi- zation functioning in the Philippine Islands and Page 1031 TITLE 50—WAR AND NATIONAL DEFENSE § 4106 1 See References in Text note below. affiliated with a religious organization in the United States, or by the personnel of any such Philippine organization, for reimbursement of expenditures incurred, or for payment of the fair value of supplies used, by such organization or such personnel for the purpose of furnishing shelter, food, clothing, hospitalization, medi- cines and medical services, and other relief in the Philippines to members of the armed forces of the United States or to civilian American citizens (as defined in section 4104 of this title) at any time subsequent to December 6, 1941, and before August 15, 1945. Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by sec- tion 4110 of this title. (b) Compensation for loss or damage to real property used in educational, medical, or welfare work Any such religious organization or its per- sonnel functioning in the Philippines and affili- ated with a religious organization in the United States, which furnished relief in the Philippines to members of the Armed Forces of the United States or to civilian American citizens in ac- cordance with the provisions of subsection (a) shall be compensated from the War Claims Fund, as hereinafter provided, for the loss and damage sustained as a consequence of the war to its schools, colleges, universities, scientific ob- servatories, hospitals, dispensaries, orphanages, and other property or facilities connected with its educational, medical, or welfare work. (c) Compensation to replace facilities Any such affiliated organization furnishing re- lief which possessed any interest in, and whose personnel of American citizens substantially composed the administrative staff of, any hos- pital whose prewar facilities and capacity have not been restored shall be compensated in an amount sufficient to enable such organization to replace the hospital’s facilities and capacity equal to that which existed at the time of the outbreak of the war, irrespective of what dis- position was made subsequently of the land, buildings, and contents. (d) Determination of claims Claims filed pursuant to subsection (b) shall be determined and paid upon the basis of post- war cost of replacement which shall be ascertained by the War Claims Commission. In making such determinations the Commission shall utilize but not be limited to the factual in- formation and evidence contained in the records of the Philippine War Damage Commission; the technical advice of experts in the field; the sub- stantiating evidence submitted by the claim- ants; and any other technical and legal means by which fair and equitable postwar replacement costs shall be determined. (e) Investigation; determination of replacement costs; basis used The Commission is authorized and directed to proceed at once with the necessary investiga- tion, study, and establishment of procedures in order to determine the replacement costs of the claims to be filed under subsections (b) and (c), using as a basis for beginning such investigation and study the evidence contained in the claims of those religious organizations or their per- sonnel which have already filed and are eligible to be paid under the terms of subsection (a) of this section. (f) Filing of claims; adjudication; place and use of payments All claims under subsections (b) and (c) must be filed on or before October 1, 1952; and not later than March 31, 1953, the Commission shall adjudicate according to law and provide for the payment of any claim filed pursuant to this sec- tion. In any case in which any money is payable as a result of subsections (b) and (c) to a reli- gious organization or its personnel functioning in the Philippines, such money shall be paid upon request of such organization to its affiliate in the United States: Provided, That all money thus paid to such affiliated religious organiza- tion in the United States shall be used by such affiliate for the purpose of restoring the edu- cational, medical, and welfare facilities de- scribed in subsections (b) and (c) and located in the Philippines. (g) Claims of internees and prisoners of war un- affected The Commission shall expedite the payments under this section without reducing payment of claims of American civilian internees and pris- oners of war filed before March 31, 1953, pursuant to the provisions of sections 4104 and 4105 of this title. (h) Denominational organizations (1) Any religious organization functioning in the Philippines and of the same denomination as a religious organization functioning in the United States which furnished relief (as de- scribed, and during the period designated, in subsection (a) of this section) in the Philippines to members of the Armed Forces of the United States or to civilian American citizens shall be compensated from the War Claims Fund (A) for expenditures incurred, or for payment of the fair value of supplies used by such organization, for the purpose of furnishing such relief and (B) for loss and damage sustained as a consequence of the war to its schools, colleges, universities, sci- entific observatories, hospitals, dispensaries, or- phanages, and other property or facilities con- nected with its educational, medical, or welfare work. No payments shall be made to any organi- zation under this subsection if such organization has received an award under subsection (a) or (b) of this section, and no payments shall be made to any organization pursuant to clause (B) of this paragraph unless such organization has re- ceived an award for war damages from the Phil- ippine War Damage Commission under the pro- visions of the Philippine Rehabilitation Act of 1946, as amended.1 (2) The Commission is authorized to receive, determine according to law, and provide for the payment of claims filed under this subsection. Each claim allowed by the Commission under this subsection shall be certified to the Sec- retary of the Treasury for payment out of the Page 1032 TITLE 50—WAR AND NATIONAL DEFENSE § 4107 1 See Modification of Reporting Requirements note below. War Claims Fund. All payments under this sub- section shall be made to an organization or indi- vidual in the United States designated by the claimant, and, in the case of claims under clause (B) of paragraph (1) of this subsection such pay- ments shall be used for the purpose of restoring the educational, medical, and welfare facilities described in such clause. (3) Claims for benefits under this subsection must be filed within six months after August 6, 1956. The Commission shall complete its deter- mination with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed. (4) Claims filed pursuant to clause (B) of para- graph (1) of this subsection shall be determined and paid upon the basis of postwar cost of re- placement for the twelve-month period ending October 1, 1952, as ascertained by the Commis- sion. (July 3, 1948, ch. 826, title I, § 7, 62 Stat. 1245; Apr. 9, 1952, ch. 167, § 2, 66 Stat. 48; Aug. 6, 1956, ch. 985, 70 Stat. 1063; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes REFERENCES IN TEXT The Philippine Rehabilitation Act of 1946, referred to in subsec. (h)(1), 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. See Termination of Philippine War Damage Commission note below. CODIFICATION Section was formerly classified to section 2006 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Subsec. (a). Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to section 4110 of this title. Subsec. (g). Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to sections 4104 and 4105 of this title. 1956—Subsec. (h). Act Aug. 6, 1956, added subsec. (h). 1952—Act Apr. 9, 1952, designated existing provisions as subsec. (a) and added subsecs. (b) to (g). 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. TERMINATION OF PHILIPPINE WAR DAMAGE COMMISSION The Philippine War Damage Commission established by section 101 of act Apr. 30, 1946, ch. 243, title I, 60 Stat. 128, formerly classified to section 1751 of the former Appendix to this title, terminated under the provisions of subsec. (d) of such section, which provided for the winding up of the Commission’s affairs not later than two years after expiration of time for filing claims under act Apr. 30, 1946, ch. 243, if possible but in no event later than Apr. 30, 1951. 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. § 4107. Reports to Congress Not later than six months after its organiza- tion, and every six months 1 thereafter, the Com- mission shall make a report to the Congress concerning its operations under this subchapter. (July 3, 1948, ch. 826, title I, § 9, 62 Stat. 1246; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) ANNUAL SUBMISSION OF REPORTS Pub. L. 89–348, § 2(6), Nov. 8, 1965, 79 Stat. 1312, modified the provisions of this section, be- ginning Jan. 1, 1967, to require annual instead of semiannual submission to Congress by For- eign Claims Settlement Commission of report concerning its operations under War Claims Act of 1948. Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables. CODIFICATION Section was formerly classified to section 2008 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 as ref- erence to this subchapter. 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. MODIFICATION OF REPORTING REQUIREMENTS Pub. L. 89–348, § 2(6), Nov. 8, 1965, 79 Stat. 1312, modi- fied the reporting requirements of this section as fol- lows: ‘‘Beginning January 1, 1967, from semiannual to annual submission to the Congress by the Foreign Claims Settlement Commission of the United States of a report concerning its operations under the War Claims Act of 1948 (62 Stat. 1246; 50 U.S.C. App. 2008 [now 50 U.S.C. 4107]).’’ 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.