§ 1982. Time limitation on presentation of claims; claims excluded  


Latest version.
  • (a) The Attorney General shall receive claims for a period of eighteen months from the date of the original enactment of this Act [July 2, 1948]. All claims not presented within that time shall be forever barred: Provided, however, That any claim received by the Attorney General bearing a postmark prior to midnight, January 3, 1950, shall be considered to be timely filed within the said eighteen months. Any claim, timely filed, may be amended at any time prior to its final determination in order to include then compensable items of claim which, by the provisions of this Act [sections 1981 to 1987 of this Appendix] as they existed when the claim was filed, the Attorney General was not authorized to determine or consider. (b) The Attorney General shall not consider any claim—(1) by or on behalf of any person who after December 7, 1941, was voluntarily or involuntarily deported from the United States to Japan or by and on behalf of any alien who on December 7, 1941, was not actually residing in the United States;(2) Except as provided in section 1(b)(3) [section 1981(b)(3) of this Appendix], for damage or loss arising out of action taken by any Federal agency pursuant to sections 4067, 4068, 4069, and 4070 (relating to alien enemies) of the Revised Statutes, as amended (50 U.S.C. 21 to 24), or pursuant to the Trading With the Enemy Act, as amended (50 U.S.C. App., and Supp., 1–31, 616);(3) for damage or loss to any property, or interest therein, vested in the United States pursuant to said Trading With the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix];(4) for damage or loss on account of death or personal injury, personal inconvenience, physical hardship, or mental suffering; and(5) for loss of anticipated profits or loss of anticipated earnings.
(July 2, 1948, ch. 814, § 2, 62 Stat. 1231; July 9, 1956, ch. 531, 70 Stat. 514.)

Amendments

Amendments

1956—Subsec. (a). Act July 9, 1956, validated claims received by the Attorney General bearing a postmark prior to midnight, Jan. 3, 1950, and permitted amendment of claims timely filed.

Subsec. (b)(2). Act July 9, 1956, amended par. (2) generally, inserting at beginning “Except as provided in section 1(b)(3),”.