Page:United States Statutes at Large Volume 59 Part 1.djvu/522

 PUBLIC LAWS-CH. 328-JULY 28, 1945 Lump-sum awards. 39 Stat. 746. 5U.8.C.§764. Payments to be in lieu of other U. S. compensation. Delegation of au- thority. Adverse conditions; alien enemies. Application of pro- visions. Applicability of amendments. classes of beneficiaries entitled to death benefits, including the desig- nation of persons, representatives, or groups, who would be entitled under local law or custom to payment on account of death, whether or not included in the classes of beneficiaries otherwise specified in this Act. In the cases of such noncitizens and nonresidents, the Commis- sion or its designees are authorized to make lump-sum awards (in the manner prescribed by section 14 of this Act), whenever the Commis- sion or its authorized designee shall deem such settlement to be for the best interest of the United States, and also in any such cases to compromise and pay claims for any benefits so provided for, including claims in which there is a dispute as to jurisdiction or other facts, or questions of law. Compensation so payable shall be in lieu of all other compensation from the United States for the same injury or death, and any payment so made shall for all purposes be considered as com- pensation under this Act and as satisfaction of all liability of the United States in respect to the particular injury or death. The Commission may delegate to any officer, agency, or employee of the United States, with such limitations and right of review as it deems advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay any claim or class of claims for compen- sation, and to provide other benefits, locally, under this paragraph, in accordance with such regulations and instructions as the Commission shall deem necessary, and for such purpose the Commission is author- ized to provide or transfer funds (including reimbursement of amounts paid under this Act). Should the Commission find (1) that conditions prevent the establishment of facilities for processing and adjudicating claims of such noncitizens and nonresidents, or (2) that such noncitizens and nonresidents are alien enemies, the Commission may waive the application of this Act, in whole or in part, and for such period or periods of time as the Commission shall fix. The pro- visions of this paragraph may be applied retrospectively as the Com- mission may determine, and, where necessary, with such adjustment of compensation and benefits as the Commission may find to be proper. The action of the Commission or its designees in allowing or denying any payment under this Act shall be final and conclusive for all pur- poses and with respect to all questions of law and fact, and not subject to review by any other official of the United States, or by any court by mandamus or otherwise, and credit shall be allowed in the accounts of any certifying or disbursing officer for payments in accordance with such action. Wherever used in this section, the geographical refer- ence to the United States shall mean the continental United States." SEC. 5 . (a) The amendments to such Act shall be applicable retro- spectively as follows: (1) The amendment in section 1 of this Act shall apply to injury and death cases, whether or not reported or acted upon, where the injury (or injury causing death) occurred on or after December 7, 1940. (2) The amendment in section 2 shall be applicable in any case of death following injury where the injury occurred prior to the date of approval of this Act and the employee is receiving or is entitled to receive compensation for injury on or after such date. (3) The amendment in section 3 shall be applicable in any case where a beneficiary, affected by the provisions of section 10 (G) of such Act, (a) is receiving compensation (or whose claim is in the process of initial adjudication) on the date of the approval of this Act, or (b) whose compensation has been terminated by reason of the limitation provisions of such section 10 (G) within three years prior to the date of such approval, should be found by the Com- mission to be suffering hardship at the time of approval of this Act by reason of such termination. 504 [59 STAT.

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