§ 2017l. Payment of awards; priorities; limitations

(a) The Secretary of the Treasury shall pay out of the War Claims Fund on account of award certified by the Commission pursuant to this title [sections 2017 to 2017p of this Appendix] as follows and in the following order of priority:

(1) Payment in full of awards made pursuant to section 202(d)(1) and (2) [section 2017a(d)(1) and (2) of this Appendix], and thereafter of any award made pursuant to section 202(a) [section 2017a(a) of this Appendix] to any claimant (A) certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended [15 U.S.C. 631 et seq.], or (B) determined by the Commission to have been, on the date of loss, damage, or destruction, a nonprofit organization operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes.

(2) Thereafter, payments from time to time on account of the other awards made pursuant to section 202 [section 2017a of this Appendix] in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment made pursuant to this paragraph on account of any award shall not exceed $10,000.

(3) Thereafter, payments from time to time on account of the other awards made to individuals and corporations pursuant to section 202 [section 2017a of this Appendix] and not compensated in full under paragraph (1) or (2) of this subsection in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment pursuant to this paragraph on account of any award shall not exceed $35,000.

(4) Thereafter, payments from time to time on account of the unpaid balance of each remaining award made pursuant to section 202 [section 2017a of this Appendix] or recertified pursuant to subsection (b) of section 209 [section 2017h of this Appendix] which shall bear to such unpaid balance the same proportion as the total amount in the War Claims Fund and available for distribution at the time such payments are made bears to the aggregate unpaid balances of all such awards. No payment made pursuant to this paragraph on account of any award shall exceed the unpaid balance of such award. Payments heretofore made under section 310 of title III of the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1641i], on awards made against the Government of Hungary under section 303(1) of title III of the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1641b(1)], and recertified under subsection (b) of section 209 [section 2017h(b) of this Appendix], shall be considered as payments under this paragraph and no payment shall be made on any recertified award until the percentage of distribution on awards made under section 202 [section 2017a of this Appendix] exceeds the corresponding percentage of distribution on such recertified award: Provided, That no payment made on awards recertified under subsection (b) of section 209 [section 2017h(b) of this Appendix] shall exceed 40 per centum of the amount of the award recertified.

(b) Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury shall prescribe.

(c) For the purpose of making any such payments, other than under section 213(a)(1) [subsec. (a)(1) of this section], an “award” shall be deemed to mean the aggregate of all awards certified for payment in favor of the same claimant.

(d) If any person to whom any payment is to be made pursuant to this title [sections 2017 to 2017p of this Appendix] is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates.

(e) Payment on account of any award pursuant to this title [sections 2017 to 2017p of this Appendix] shall not, unless such payment is for the full amount of the award, extinguish any rights against any foreign government for the unpaid balance of the award.

(f) Payments made under this section on account of any award for loss, damage, or destruction occurring in the Commonwealth of the Philippines shall not exceed the amount paid on account of awards in the same amount under the Philippine Rehabilitation Act of 1946 [sections 1751 to 1806 of this Appendix].

(July 3, 1948, ch. 826, title II, § 213, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111; amended Pub. L. 91–571, § 1(a), Dec. 24, 1970, 84 Stat. 1503; Pub. L. 104–316, title I, § 128(b), Oct. 19, 1996, 110 Stat. 3841.)

References In Text

References in Text

The Small Business Act, as amended, referred to in subsec. (a)(1), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

Amendments

Amendments

1996—Subsec. (d). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General”.

1970—Subsec. (a)(1). Pub. L. 91–571, § 1(a)(1), included payment to any claimant determined by Commission to have been, on date of loss, damage, or destruction, a nonprofit organization operated exclusively for promotion of social welfare, religious, charitable, or educational purposes.

Subsec. (a)(3), (4). Pub. L. 91–571, § 1(a)(2), added par. (3) and redesignated former par. (3) as (4).

Miscellaneous

Protest Relating to Awards by Commission; Notice by Publication in Federal Register

Notwithstanding the provisions of sections 2017i and 2017j of this Appendix receipt and consideration of filed and published protests relating to awards made by the Foreign Claims Settlement Commission which result in modification of such awards shall be certified and paid by the Secretary of the Treasury out of the War Claims Fund in accordance with this section. See section 615 of Act Mar. 10, 1950, ch. 54, as added by Pub. L. 94–542, Oct. 18, 1976, 90 Stat. 2512, set out as a note under section 1623 of Title 22, Foreign Relations and Intercourse.

Recertification of Certain Awards

Pub. L. 91–571, § 1(b), Dec. 24, 1970, 84 Stat. 1503, provided that: “The Foreign Claims Settlement Commission is authorized to recertify to the Secretary of the Treasury each award which has been certified before the date of enactment of this Act [Dec. 24, 1970] pursuant to title II of the War Claims Act of 1948, as added by the Act of October 22, 1962 (76 Stat. 1107) [sections 2017 to 2017p of this Appendix], but which as of the date of enactment of this Act has not been paid in full, in such manner as it may determine to be required to give effect to the amendments made by this Act [amending this section] to the same extent and with the same effect as if such amendments had taken effect on October 22, 1962.”