[USC04] 50 USC 4106: Religious organizations
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50 USC 4106: Religious organizations Text contains those laws in effect on September 25, 2018
From Title 50-WAR AND NATIONAL DEFENSECHAPTER 51-WAR CLAIMSSUBCHAPTER I-TITLE I OF WAR CLAIMS ACT OF 1948

§4106. Religious organizations

(a) Reimbursement for services furnished members of armed services and American civilians; certification of claims

The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any religious organization functioning in the Philippine Islands and 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, medicines 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 section 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 personnel functioning in the Philippines and affiliated 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 accordance 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 observatories, 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 relief which possessed any interest in, and whose personnel of American citizens substantially composed the administrative staff of, any hospital 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 disposition 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 postwar 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 information and evidence contained in the records of the Philippine War Damage Commission; the technical advice of experts in the field; the substantiating evidence submitted by the claimants; 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 investigation, 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 personnel 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 section. In any case in which any money is payable as a result of subsections (b) and (c) to a religious 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 organization in the United States shall be used by such affiliate for the purpose of restoring the educational, medical, and welfare facilities described in subsections (b) and (c) and located in the Philippines.

(g) Claims of internees and prisoners of war unaffected

The Commission shall expedite the payments under this section without reducing payment of claims of American civilian internees and prisoners 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 described, 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, scientific observatories, hospitals, dispensaries, orphanages, and other property or facilities connected with its educational, medical, or welfare work. No payments shall be made to any organization 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 received an award for war damages from the Philippine War Damage Commission under the provisions 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 Secretary of the Treasury for payment out of the War Claims Fund. All payments under this subsection shall be made to an organization or individual in the United States designated by the claimant, and, in the case of claims under clause (B) of paragraph (1) of this subsection such payments 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 determination 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 paragraph (1) of this subsection shall be determined and paid upon the basis of postwar cost of replacement for the twelve-month period ending October 1, 1952, as ascertained by the Commission.

(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 .)

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 reclassification 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).

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.

War Claims Commission, including offices of its members, abolished and functions transferred to Foreign 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 thereunder.

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.

1 See References in Text note below.