§4114 — Title 50 War and National Defense | U.S. Code

Summary

The Commission can accept claims, decide if they are valid, and arrange payment out of the War Claims Fund. People who can file include U.S. military or naval members who served on or after December 7, 1941; survivors of those members; people who were U.S. nationals on December 7, 1941 and still were on August 31, 1954 (and their survivors if the person died); businesses that were more than 50% owned by such people on both December 7, 1941 and August 31, 1954; and banks or financial firms in the Philippines that reestablished sequestered accounts or credits for those people or for businesses controlled more than 50% by those people. Claims had to be filed within one year after August 31, 1954. If a claimant is legally unable to act, or is dead, payment follows the usual rules for disabled claimants and heirs. No payment will go to anyone who knowingly helped or worked for a government hostile to the United States during World War II. Approved claims are sent to the Secretary of the Treasury. Claims of $500 or less are paid in full. Claims over $500 are paid in two parts: the first part is $500 plus 66 2/3 percent of the amount over $500; the final part is calculated on September 1, 1956 and paid from whatever remains in the War Claims Fund. If the fund can cover all remaining amounts, each unpaid balance is paid in full; if not, the remaining payments are cut back proportionally.

Title 50, §4114

War and National Defense — Source: USLM XML via OLRC

(a)(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 individual 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 individual 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;

(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 institution doing business in the Philippines which reestablished sequestered accounts, deposits, or other credits of—

(A)any individual referred to in subparagraph (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 sequestered credits, in individuals referred to in such subparagraph (A);

(b)Claims must be filed under this section within one year after August 31, 1954.

(c)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 individual 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 manner served any government hostile to the United States during World War II.

(d)Each claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established under section 4110 of this title. The Secretary 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

(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 66⅔ 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 sufficient 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 2016 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsec. (c) as reference to section 4104 of this title and reference 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 Settlement 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