50 U.S.C. § 4114 — Philippines

Page 1036 TITLE 50—WAR AND NATIONAL DEFENSE § 4114 lidity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a mer- chant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agents or instrumen- talities in World War II for any period of time subsequent to December 7, 1941, during which he was held by either such government as a pris- oner, internee, hostage, or in any other capac- ity. Detention benefits shall be paid under this section at the rates prescribed and in the man- ner provided in subsections (c) and (d) of section 4104 of this title. (c) Collaborationists excluded Payment of any claim filed under this section shall not be made to any merchant seaman, or to any survivor or survivors thereof, who, volun- tarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II. (d) Time of filing claim Claims for benefits under this section must be filed within one year after August 31, 1954. (e) Certification of claim for payment 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 section 4110 of this title. (July 3, 1948, ch. 826, title I, § 16, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 2015 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- secs. (a) and (b) as reference to section 4104 of this title and in subsec. (e) 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. § 4114. Philippines (a) Losses by individual from sequestered cred- its; loss by banks or other financial institu- tions (1) The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by— (A) any individual who— (i) on or after December 7, 1941, was a member of the military or naval forces of the United States; (ii) is the survivor of any deceased indi- vidual described in subparagraph (i); (iii) was a national of the United States on December 7, 1941, and is a national of the United States on August 31, 1954; or (iv) is the survivor of any deceased indi- vidual who was a national of the United States on December 7, 1941, and would be a national of the United States on August 31, 1954, if living; or (B) any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on August 31, 1954, in individuals referred to in subparagraph (A) of this paragraph; for losses arising as a result of the sequestration of accounts, deposits, or other credits of such in- dividual or legal entity in the Philippines by the Imperial Japanese Government. (2) The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any bank or other financial insti- tution doing business in the Philippines which reestablished sequestered accounts, deposits, or other credits of— (A) any individual referred to in subpara- graph (A) of paragraph (1) of this subsection; or (B) any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on the date of reestablishment of such seques- tered credits, in individuals referred to in such subparagraph (A); for reimbursement of the amounts of such se- questered credits paid by such bank or financial institution. (b) Filing date for claims Claims must be filed under this section within one year after August 31, 1954. (c) Death or legal disability as affecting pay- ments Where any individual entitled to payment under this section is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of section 4104 of this title. In the case of the death of any indi- vidual entitled to payment of any claim under this section, payment of such claim shall be made to the individuals specified, and in the order provided, in subsection (d) of section 4105 of this title; except that no payment shall be made under this section to any individual who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any man- ner served any government hostile to the United States during World War II. (d) Certification of claims for payment Each claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund estab- lished under section 4110 of this title. The Sec- retary of the Treasury shall pay such claims as follows: (1) In the case of each claim allowed in an amount equal to or less than $500, such claim shall be paid in full; and 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