Title 50 — War and National Defense
Chapter 57 — Claims Under the Clarification Act
§ 4702. Insurance awards by War Shipping Administrators; findings and actions as conclusive
Statutory text
Omitted.
Whenever the Administrator, War Shipping Administration,1 finds that, on or after , and before thirty days after , a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission, the War Shipping Administration, or the War Department 2 or operated by, or for the account of, or at the direction or under the control of the Commission, the Administration, or the War Department, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended by this Act, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Subtitle—Insurance of title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss or injury. There shall be no recovery of any money paid on account of insurance provided for the master, officers, or members of the crew of, or individuals transported on, any vessel under this subsection or under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended, from any person who in the judgment of the Administrator, War Shipping Administration, is without fault, and when in the judgment of the Administrator such recovery would defeat the purposes of benefits otherwise authorized or would be against equity and good conscience. The declarations, findings, and actions of or by the Administrator under this subsection shall be final and conclusive.
The Administrator, War Shipping Administration, is also authorized to make payments, in accordance with rate schedules provided by the United States Employees’ Compensation Act [5 U.S.C. 8101 et seq.], to a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission or the War Shipping Administration or operated by, or for the account of, or at the direction or under the control of the Commission or the Administration, for permanent total or partial disability as long as such disability resulting from causes related to the war effort whether heretofore or hereafter arising exists; such payments to commence if and when insurance benefits provided by the War Shipping Administration for such person shall have been exhausted.
The War Shipping Administration shall have the right of intervention and a lien and right of recovery in the cases and to the extent of any payments paid and payable under this section or under Subtitle—Insurance of Title II of the Merchant Marine Act, 1936, as amended, in the manner provided in the last paragraph of subsection (c) of section 105 of the Act approved (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended by Public Law 216, 78th Congress, approved . Any amounts recovered under this provision shall be covered into the Marine and War-risk insurance fund, War Shipping Administration.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 78–26 § 2 · 57 Stat. 45
Enacted · 50 U.S.C. § 4702
Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47
Source evidence
Code source credit
Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47Enacted provision · exact public law section
Sec. 2. (a) Section 222 (f) of Subtitle—Insurance of Title II of Marine war-risk insurance. 56 Stat. 215. 46 U. S. C., Supp. II, § 1128a (f). the Merchant Marine Act, 1936. as amended (Public Law 523, Seventy-seventh Congress), is amended by inserting before the period at the end thereof a semicolon and the following: “and, whenever the Commission shall insure any risks included under subsection (d) or (e) of this section, or under this subsection insofar as it concerns liabilities relating to the master, officers, and crews of such vessels or to other persons transported thereon, the insurance on such risks may include marine risks to the extent that the Commission determines to be necessary or advisable”. (b) Whenever the Administrator, War Shipping Administration, Retroactive coverage for loss or injury related to war effort. finds that, on or after October 1, 1941, and before thirty days after the date of enactment of this subsection, a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission or the War Shipping Administration or operated by, or for the account of. or at the direction or under the control of the Commission or the Administration, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance 54 Stat. 689. 46 U. S. C., Supp. II, §§ 1128–1128g. Ante, p. 47; post, pp. 50, 51. under Subtitle—Insurance of Title II of the Merchant Marine Act, 1936, as amended by this Act, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort Limitation. and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Application of payments. Subtitle—Insurance of Title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss Finality of actions. or injury. The declarations, findings, and actions of or by the Administrator under this subsection shall be final and conclusive.Public Law not identified
Inserted · 50 U.S.C. § 4702(b)
Subsec. (b). Act Sept. 30, 1944, inserted sentence beginning “There shall be no”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act Sept. 30, 1944, inserted sentence beginning “There shall be no”.Public Law not identified
Added · 50 U.S.C. § 4702(c); 50 U.S.C. § 4702(d)
Subsecs. (c), (d). Act Sept. 30, 1944, added subsecs. (c) and (d)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (c), (d). Act Sept. 30, 1944, added subsecs. (c) and (d).Public Law not identified
Amended · 50 U.S.C. § 4702(b)
Subsec. (b). Act Aug. 8, 1946, amended subsec. (b) generally, making section applicable to employees of the War Department
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act Aug. 8, 1946, amended subsec. (b) generally, making section applicable to employees of the War Department.
1 of 4 references resolved to an enrolled provision · 3 unresolved
Editorial Notes
References in Text
Title II of the Merchant Marine Act, 1936, as amended, referred to in subsecs. (b) and (d), is title II of act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified to sections 1128 to 1128h of former Title 46, Shipping, and which was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449.
The United States Employees’ Compensation Act, as amended, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed by Pub. L. 89–554, § 8(a), , 80 Stat. 632, and the provisions thereof were reenacted by the first section thereof as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees.
Codification
Section was formerly classified to section 1292 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 2 of act . Subsec. (a) of section 2 of the Act amended section 1128a of former Title 46, Shipping.
Amendments1944–1946 · 2 rounds
1946
Subsec. (b). Act , amended subsec. (b) generally, making section applicable to employees of the War Department.
1944
Subsec. (b). Act , inserted sentence beginning “There shall be no”.
Subsecs. (c), (d). Act , added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 207(a), (f) of act , established Department of the Air Force, headed by a Secretary, and transferred functions (relating to Army Air Forces) of Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force. Sections 205(a) and 207(a), (f) of act , were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces”, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively.
Effective Date of 1946 Amendment
Act Aug. 8, 1946, ch. 905, 60 Stat. 937, provided that the amendment made by that Act is effective as of .
Transfer of Functions
War Shipping Administration terminated as of , and functions, powers, duties, etc., transferred to United States Maritime Commission for period , to , for purpose of liquidating Administration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501.
Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, , 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, , 120 Stat. 1710. See section 109 of Title 49, Transportation.
Executive Documents
Transfer of Functions
Maritime Commission, meaning United States Maritime Commission, abolished by Reorg. Plan No. 21 of 1950, eff. , 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of that Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.
Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. , 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
Credits
1943–1946 · 3 acts
- 1943Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47
- 1944Sept. 30, 1944, ch. 451, 58 Stat. 758
- 1946Aug. 8, 1946, ch. 905, 60 Stat. 937.
Show as published
(Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47; Sept. 30, 1944, ch. 451, 58 Stat. 758; Aug. 8, 1946, ch. 905, 60 Stat. 937.)