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CONSIDERATION OF H. R. 4080

MAY 3, 1949.-Referred to the House Calendar and ordered to be printed

Mr. SABATH, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 2011

The Committee on Rules, having had under consideration House Resolution 201, report the same to the House with the recommendation that the resolution do pass.

AMENDING THE WAR CLAIMS ACT OF 1948

MAY 3, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BECKWORTH, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany S. 326]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 326) to amend the War Claims Act of 1948, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Lines 10 and 11, strike out "January 15" and insert in lieu thereof "March 31".

The bill has the approval of the Department of State and the Department of Justice, as will appear from letters attached dated April 22, and April 20, 1949, respectively.

The purpose of the proposed legislation is twofold. First, it extends until March 1, 1951, the time within which those persons who are named in the act may file claims with the Commission. Secondly, as amended by the committee, it extends until March 31, 1950, the time within which the War Claims Commission itself is required to submit a report containing its recommendations relating to war claims arising out of World War II.

The War Claims Act of 1948 (62 Stat. 1240) authorizes the establishment of a three-man commission to receive, consider, and, in some instances, pay certain types of claims arising out of enemy activities in World War II. The act further directs the Commission to prepare & report with respect to claims arising out of World War II together with the Commission's recommendations for legislation dealing with these claims.

Up to this date, no funds have been appropriated for the use of the Commission. Therefore, no Commission has been established as Fet. Those who may benefit under the act by filing claims with the Commission have not had an opportunity to do so. The study which is to be undertaken by the Commission has not yet been started.

H. Repts., 81-1, vol. 3-13

This bill assumes that the appropriations which are provided for in the first deficiency bill will become available promptly and that the Commission will be organized at an early date. It is the feeling of your committee that even if the Commission is promptly organized more time should be allowed for the Commission's report than was provided in S. 326 as passed by the Senate. Therefore, your committee has amended S. 326 to extend the time for the filing of the Commission's report until March 31, 1950.

Hon. ROBERT CROSSER,

DEPARTMENT OF STATE,
Washington, April 22, 1949.

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

MY DEAR MR. CROSSER: Further reference is made to your letter of April 18, 1949, in which you requested a report regarding S. 326, an act to amend the War Claims Act of 1948.

The measure provides for the amendment of section 2 (c) of the War Claims Act to extend the limit of time within which claims may be filed with the War Claims Commission and for the amendment of section 8 (a) to extend the time within which the War Claims Commission is directed to submit a report to the Congress with respect to war claims other than claims which may be received and adjudicated under preceding sections of the act.

Since funds have not yet been appropriated by the Congress to carry out the purposes of the War Claims Act, and since the War Claims Commission has not yet been organized, an extension of the time limits contained in the act is desirable. The Department, therefore, recommends that the amendment be enacted.

The Bureau of the Budget has advised the Department that it has no objection to the submission of this report.

Sincerely yours,

ERNEST A. Gross,

Assistant Secretary (For the Secretary of State).

DEPARTMENT OF JUSTICE,

Washington, April 20, 1949.

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,

Hon. ROBERT CROSSER,

Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (S. 326) to amend the War Claims Act of 1948.

Section 1 of the bill would extend the limit of time within which claims may be filed with the War Claims Commission from July 3, 1950, to March 1, 1951. Section 2 would advance from March 31, 1949, to January 15, 1950, the date on or before which the report of the War Claims Commission shall be submitted to the Congress pursuant to section 8 (a) of the War Claims Act of 1948.

The War Claims Act as approved on July 3, 1948 (60 Stat. 1240) authorized the establishment of a War Claims Commission and, among other things, empowered the Commission to inquire into and recommend to the Congress legisla tion respecting the payment of war damage claims of American nationals. It provided that the limit of time within which claims could be filed with the Commission shall in no event be later than 2 years after the date of enactment of this act, July 3, 1950. The report and recommendations of the Commission to the Congress were required to be submitted on or before March 31, 1949. However, because of the failure of the Congress to appropriate funds for the use of the Commission, the Commission has as yet not been established, nor have claimants had an opportunity to file their claims in accordance with the provisions of the act.

The first deficiency appropriation bill of 1949 (H. R. 2632) is presently pending in Congress. Assuming that the funds provided therein for the establishment and functioning of the Commission will be authorized, additional time after enactment thereof will elapse pending the formation of the Commission, the pursuit of its study, and the preparation of its report to the Congress. The proposed extension of the time of the Commission in which to report would therefore be of little practical value.

Accordingly, not only is this Department of the view that the extensions provided for in the bill are unobjectionable, but, in addition, it is believed that consideration should be given to a recommendation that a greater period of time be granted to the Commission within which to file its report.

The Director of the Bureau of the Budget has advised that there is no objection to the submission of this report.

Yours sincerely,

PETER CAMPBELL BROWN,

Acting the Assistant to the Attorney General.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as referred to the committee, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

SEC. 2.

*

WAR CLAIMS ACT OF 1948

(c) The Commission may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may delegate functions to any member, officer, or employee of the Commission. The Commission shall

give public notice of the time when, and the limit of time within which, claims may be filed, which notice shall be published in the Federal Register. The limit of time within which claims may be filed with the Commission shall in no event be later than [two years after the date of enactment of this Act] March 1, 1951.

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SEC. 8. (a) The Commission shall inquire into and report to the President, for submission of such report to the Congress on or before [March 31, 1949,] January 15, 1950, with respect to war claims arising out of World War II, other than claims which may be received and adjudicated under the preceding sections of this Act, and shall present in such report its findings on

(1) the estimated number and amount of such claims, classified by types and categories; and

(2) the extent to which such claims have been or may be satisfied under international agreements or domestic or foreign laws.

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