US (United States) Code. Title 50: War and National Defense. Appendix

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Disposal of Government-owned rubber-producing facilites

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 169 páginas
publicidad

-CITE-

50 USC APPENDIX Sec. 1941f 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941f. Disposition of unsold facilities; transfer to General

Services Administration; lease of alcohol-butadiene facilities;

advice of Attorney General; standby funds

-STATUTE-

(a) Upon the termination of the transfer period, the operating

agency last designated by the President, shall, as promptly as

possible consistent with sound operating procedures, take out of

production and place in adequate standby condition the

rubber-producing facilities which shall not have been sold. At any

time after the termination of production, such facilities may be

transferred without reimbursement or transfer of funds to the

General Services Administration and administered in accordance with

the provisions of sections 6, 7, and 8 of the National Industrial

Reserve Act of 1948, as amended (62 Stat. 1227, 50 U.S.C. 456-458)

[50 U.S.C. 455 to 457], or to such other agency as the President

may designate for administration in such manner as he may direct.

In such event (1) no such facility shall thereafter be operated as

a rubber-producing facility for the account of, or by, the

Government except pursuant to further Act of Congress; (2) no such

facility, other than alcohol-butadiene facilities, shall be leased

for operation as a rubber-producing facility at any time: Provided,

That nothing contained in this Act [sections 1941 to 1941y of this

Appendix] shall preclude the leasing of alcohol-butadiene

facilities for purposes other than the manufacture of alcohol

butadiene so long as such leases are in accordance with the

provisions of section 8(a) or section 9(f) of this Act [subsection

(a) of this section or section 1941g (f) of this Appendix]; and (3)

no such facility shall be disposed of by sale within a period of

three years from the termination of the transfer period, and in any

subsequent lease or sale, the Government agency acting under

authority of this section shall within a reasonable time and in no

event less than sixty days prior to the lease or sale, request the

advice of the Attorney General as to whether the proposed lease or

sale would tend to create or maintain a situation inconsistent with

the antitrust laws. The Attorney General shall give his advice

within forty-five days of the receipt of such request. Upon the

request of the Attorney General, the Government agency shall

furnish, or cause to be furnished, such information as it may

possess which the Attorney General determines to be appropriate or

necessary to enable him to give the advice called for by this

section.

(b) Whenever any transfer to any Government agency is made

pursuant to this section, all unexpended funds budgeted as provided

in section 9(e) [section 1941g(e) of this Appendix] for standby and

maintenance in such condition shall also be transferred.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 8, 67 Stat. 411.)

-REFTEXT-

REFERENCES IN TEXT

Sections 7 and 8 of the National Industrial Reserve Act of 1948,

referred to in subsec. (a), were classified to sections 456 and 457

of Title 50, War and National Defense, and were omitted from the

Code.

The antitrust laws, referred to in subsec. (a), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade. See section 1941a(e) of this Appendix and References in Text

notes thereunder.

-MISC1-

SALE OF LEASE OF CATALYST EQUIPMENT; TERMS AND CONDITIONS; SECURITY

CLAUSE; PRICE; STANDBY CONDITION; AUTHORITY

Administration by Administrator of General Services of matters

involving the Rubber Producing Facilities Disposal Commission,

including the exercise of authority conferred upon the Commission

by section 6 of Act Mar. 21, 1956, set out below, see Dissolution

of Federal Facilities Corporation note set out under section 1938

of this Appendix.

Section 6 of act Mar. 21, 1956, ch. 89, 70 Stat. 53, provided

that:

"(a) Notwithstanding any provision of the Rubber Producing

Facilities Disposal Act of 1953, as amended [sections 1941 to 1941x

of this Appendix], or of this Act [enacting section 1941y and

provisions set out as notes under sections 1941r and 1941y of this

Appendix], the Rubber Producing Facilities Disposal Commission may

enter into contracts of sale and may from time to time enter into

leases for all or any part of the catalyst manufacturing equipment

now situated in Baltimore, Maryland, and generally described in the

Commission's brochure M-2 dated March 1954.

"(b) Except as provided in this paragraph, each such lease or

contract may be made on such terms and conditions, including type

of use and duration (up to fifteen years) of any lease, as the

Commission deems advisable in the public interest. Before making

such sale or lease, the Commission shall secure the advice of the

Attorney General as to whether the proposed sale or lease would

tend to create or maintain a situation inconsistent with the

antitrust laws. Each such lease or contract of sale shall contain a

national security clause, containing such terms and for such

duration (ten years or less) as the Commission deems desirable in

the public interest, and any such lease shall provide for the

recapture of the equipment thereby leased and the termination of

the lease, if the President determines that the national interest

so requires.

"The price for any part or all of such equipment shall be an

amount which the Commission determines to be the maximum amount

obtainable in the public interest, but not less than fair value as

determined by the Commission.

"(c) Any of such equipment not sold or leased under subsection

(a) shall be placed and maintained in adequate standby condition

pursuant to, and be otherwise subject to, the provisions of section

8 of the Rubber Producing Facilities Disposal Act of 1953 [this

section] (other than the provision prohibiting leases).

"(d) All the powers and authority conferred by this section upon

the Commission may, after the termination of the existence of the

Commission, be exercised by such agency of the Government as the

President may designate for the purpose, and for this purpose such

successor agency may exercise all the authority conferred in the

Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to

1941y of this Appendix] upon the Commission."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1941w, 1941x of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941g 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941g. Report of recommended disposal by Commission to

Congress

-STATUTE-

(a) Contents and requirements

Not later than thirty days after the termination of the

negotiating period provided in section 7 of this Act [section 1941e

of this Appendix], and in no event later than January 31, 1955, the

Commission shall prepare and submit to the Congress a report

setting forth -

(1) the steps taken to elicit proposals and the proposals which

have been received;

(2) the principal terms of all sales contracted for and the

Commission's recommendations in respect thereto;

(3) in the event that there may have been a financially more

advantageous proposal for any rubber-producing facility than the

sale recommended, a statement of the reasons why such sale is

nevertheless proposed;

(4) the statement from the Attorney General setting forth

findings approving the proposed disposals in accordance with the

standards set forth in section 3(c) of this Act [section 1941a(c)

of this Appendix];

(5) the program to be followed to place in standby condition

the rubber-producing facilities not sold;

(6) an inventory report concerning the Government's current

stocks of synthetic rubber and its component materials;

(7) a program for the continuance, to the extent it deems

necessary, during the fiscal year following the fiscal year in

which the transfer period terminates, of the research program on

synthetic rubber and its component materials then being carried

on by the operating agency; and

(8) the names of persons who have represented the Government or

the purchasers in conducting negotiations or in making contracts

for disposal of the rubber-producing facilities.

(b) Time of submission of report; period for action by Congress

The report shall be submitted to both Houses of Congress on the

same day. Upon the expiration of sixty days of continuous session

of the Congress following the date upon which the report is

submitted to it, the Commission shall proceed to carry out the

contracts and proposals, as outlined in its report, to the extent

that such contracts and proposals are not disapproved by either

House of Congress by a resolution within the sixty-day period.

(c) Computation of period for Congressional action

For the purposes of subsection (b) of this section -

(1) continuity of session shall be considered as broken only by

an adjournment of the Congress sine die; but

(2) in the computation of the sixty-day period there shall be

excluded the days on which either House is not in session because

of an adjournment of more than three days to a day certain.

(d) Restriction on sale or lease of rubber-producing facilities

No rubber-producing facility shall be sold or leased except in

accordance with this Act [sections 1941 to 1941y of this Appendix]

or in accordance with section 7(d)(4) of the Rubber Act of 1948, as

amended [section 1926(d)(4) of this Appendix].

(e) Funds for expenses; annual budget

Such sums as may be required for the foregoing purposes may be

provided out of the proceeds of disposal, and annual budgets for

the expenses necessary for such purposes shall be submitted in

accordance with the Government Corporation Control Act of 1945, as

amended (59 Stat. 597, 31 U.S.C. 841) [31 U.S.C. 9101 et seq.].

(f) Leases of alcohol-butadiene facilities; requirements; advice of

Attorney General

Notwithstanding any other provisions of this Act [sections 1941

to 1941y of this Appendix], the Commission may, after securing the

advice of the Attorney General as to whether the proposed lease

would tend to create or maintain a situation inconsistent with the

antitrust laws, enter into leases for the alcohol-butadiene

facilities for a period of not less than one year, nor more than

three years: Provided, That any such lease shall contain among

other things (1) a national security clause, and (2) provisions for

the recapture of such facilities by the Government and the

termination of the lease, if the President determines that the

national interest so requires. Not less than sixty days prior to

said lease the Commission shall request such advice from the

Attorney General who shall give the same within forty-five days of

the receipt of such request.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 9, 67 Stat. 412.)

-REFTEXT-

REFERENCES IN TEXT

The Government Corporation Control Act of 1945, as amended,

referred to in subsec. (e), is act Dec. 6, 1945, ch. 557, 59 Stat.

597, as amended, which was classified to chapter 14 (Sec. 841 et

seq.) of former Title 31, and which was repealed by Pub. L. 97-258,

Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the

first section thereof as chapter 91 (Sec. 9101 et seq.) of Title

31, Money and Finance.

The antitrust laws, referred to in subsec. (f), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade. See section 1941a(e) of this Appendix and References in Text

notes thereunder.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1941a, 1941e, 1941f,

1941l, 1941w, 1941x, 1941y of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941h 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941h. President's report to Congress on Nation's rubber

requirements and resources

-STATUTE-

At the expiration of one year after the transfer period or as

soon thereafter as the Congress is in session, the President shall

report to the Congress concerning the Nation's rubber requirements

and resources, and the need, if any, for further research by the

Government relative to the production or use of synthetic rubber

and its component materials.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 10, 67 Stat. 413.)

-End-

-CITE-

50 USC APPENDIX Sec. 1941i 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941i. Exclusion from term "rubber-producing facilities"

-STATUTE-

The term "rubber-producing facilities" as used in this Act

[sections 1941 to 1941y of this Appendix] shall not include the

Government-owned evaluation laboratory at Akron, Ohio.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 11, 67 Stat. 413.)

-MISC1-

DISPOSAL OF RESEARCH LABORATORIES AT AKRON, OHIO

Act July 26, 1956, ch. 738, 70 Stat. 657, provided: "That the

Government laboratories at Akron, Ohio, now under control of the

National Science Foundation are hereby transferred to the General

Services Administration for disposal in accordance with the Federal

Property and Administrative Services Act of 1949 [now chapters 1 to

11 of Title 40, Public Buildings, Property, and Works, and title

III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], except

that the Administrator of General Services shall first offer the

laboratories for public sale before seeking to dispose of them by

transfer or assignment to any Federal agency. The Administrator of

General Services, before he offers the laboratories to the public

for sale, shall ascertain what the value of the laboratories would

be to Government agencies which would make substantial use thereof,

and the Administrator shall not sell the laboratories to the public

unless he finds, after consultation with the Director of the Budget

Bureau, that such sale to the public would be in the best interests

of the United States, taking into consideration among other

relevant factors the value of the laboratories to any interested

agency and the amounts offered by public bidders. The National

Science Foundation is authorized to reimburse the General Services

Administration in advance for expenses necessary for the protection

and maintenance of the laboratories up to June 30, 1957."

-End-

-CITE-

50 USC APPENDIX Sec. 1941j 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941j. Disposition of proceeds from disposal of facilities

-STATUTE-

All final net proceeds from disposal of the rubber-producing

facilities shall be covered into the Treasury as miscellaneous

receipts except as otherwise provided by this Act [sections 1941 to

1941y of this Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 12, 67 Stat. 413.)

-End-

-CITE-

50 USC APPENDIX Sec. 1941k 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941k. Prior disposal of facilities as unaffected

-STATUTE-

The sales, leases, or other dispositions made prior to the

enactment of this Act [Aug. 7, 1953], pursuant to section 9(b) of

the Rubber Act of 1948, as amended [section 1928(b) of this

Appendix], shall not be affected by this Act [sections 1941 to

1941y of this Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 13, 67 Stat. 413.)

-End-

-CITE-

50 USC APPENDIX Sec. 1941l 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941l. Conditional termination dates for Rubber Act of 1948

-STATUTE-

Notwithstanding the provisions of section 20 of the Rubber Act of

1948, as amended [section 1938 of this Appendix], (1) if no report

is submitted by the Commission, or if the report submitted by the

Commission pursuant to section 9 of this Act [section 1941g of this

Appendix] is disapproved in its entirety, then the Rubber Act of

1948, as amended [sections 1921 to 1938 of this Appendix] shall be

extended until March 31, 1956; and (2) if the Commission submits a

report and it is not disapproved in its entirety, the Rubber Act of

1948, as amended [said sections], shall terminate at the

termination of the transfer period as provided in section 7(i) of

this Act [section 1941e(i) of this Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 14, 67 Stat. 413.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941m 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941m. Monthly reports by Commission to Congress of

expenditures and obligations

-STATUTE-

Thirty days following the receipt of proposals, as provided in

section 7 of this Act [section 1941e of this Appendix] the

Commission shall submit to the Congress a report stating the amount

of funds expended by or obligated by the operating agency for the

repair, replacement, additions, improvements, or maintenance of

each synthetic rubber-producing facility for which proposals have

been submitted. Thereafter reports shall be made monthly until such

time as the Congress shall have permitted or disapproved in whole

or in part the disposal recommended by the Commission.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 15, 67 Stat. 413.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941n 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941n. Basis for negotiating sale of a facility

-STATUTE-

In arriving at its recommendations for the disposal of the

facilities, the Commission shall use, as the basis for negotiating

the sale of each facility the highest amount proposed to be paid

for each facility, if, in the opinion of the Commission, the

highest amount proposed to be paid was a bona fide proposal and was

submitted by a person competent to operate a rubber-producing

facility: Provided, That the words "competent to operate a

rubber-producing facility" shall not be interpreted so as to

require prior experience in the operation of a rubber-producing

facility: Provided further, That in using such highest proposed

amount as a basis for negotiations the Commission may negotiate

with respect to any facility with any person who submitted a

proposal on that or any similar facility and may recommend sale of

any facility to any person who submitted a proposal on that or any

similar facility at a price which is equal to, higher than, or

lower than the highest amount proposed to be paid for each facility

as the Commission determines will best effectuate the purposes of

this Act [sections 1941 to 1941y of this Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 16, 67 Stat. 413.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941o 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941o. Criteria for disposal recommendations

-STATUTE-

The following criteria, together with such other criteria as the

Commission deems necessary or desirable to best effectuate the

purposes of this Act [sections 1941 to 1941y of this Appendix],

shall be used by the Commission in arriving at its recommendations

for disposal:

(1) That the disposal program be designed best to afford

small-business enterprises and users, other than the purchser

(!1) of a facility, the opportunity to obtain a fair share of the

end products of the facilities sold and at fair prices;

(2) That the prospective purchaser has the technical competence

necessary to operate a rubber-producing facility, except that

prior experience in operating a rubber-producing facility shall

not be required as a basis for determining whether a prospective

purchaser has the technical competence necessary to operate a

rubber-producing facility;

(3) That the recommended sales shall provide for the

development within the United States of a free, competitive,

synthetic rubber industry, and do not permit any person to

possess unreasonable control over the manufacture of synthetic

rubber or its component materials;

(4) That the prospective purchaser is acting in good faith, and

actually intends to operate the facility or facilities for the

purpose of manufacturing synthetic rubber or its component

materials;

(5) That full fair value for the facility or facilities will be

received by the Government, taking into consideration the policy

set forth in section 2 of this Act [section 1941 of this

Appendix];

(6) That disposal of the facility or facilities to the

purchasers is consistent with national security; and

(7) That the facilities recommended for sale will in the

aggregate be capable of annually producing not less than five

hundred thousand long tons of general-purpose synthetic rubber,

and not less than forty-three thousand long tons annually of

butyl rubber.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 17, 67 Stat. 414.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-FOOTNOTE-

(!1) So in original. Probably should be "purchaser".

-End-

-CITE-

50 USC APPENDIX Sec. 1941p 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941p. Authorization of disposal of facilities notwithstanding

Rubber Act of 1948

-STATUTE-

Unless otherwise provided in this Act [sections 1941 to 1941y of

this Appendix], the disposal of the Government-owned

rubber-producing facilities shall be authorized notwithstanding the

provisions of the Rubber Act of 1948, as amended [sections 1921 to

1938 of this Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 18, 67 Stat. 414.)

-End-

-CITE-

50 USC APPENDIX Sec. 1941q 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941q. Payment of costs of disposal from operating income

-STATUTE-

Unless otherwise provided in this Act [sections 1941 to 1941y of

this Appendix], all costs incurred by the Commission or any other

department, agency, officer, Government corporation, or

instrumentality of the United States pursuant to the provisions of

this Act [said sections] shall, so long as synthetic rubber is

produced for the account of the Government in the Government-owned

rubber-producing facilities, be paid from and charged against the

operating income of the Government-owned synthetic rubber program,

administered by the operating agency.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 19, 67 Stat. 414.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941r 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941r. Termination of Commission; administration after

termination

-STATUTE-

The Commission shall cease to exist thirty days after the

termination of the transfer period as provided by section 7(i) of

this Act [section 1941e(i) of this Appendix], but nothing contained

in this section shall be construed in any way so as to abrogate,

modify, or adversely affect any contract of sale or lease of the

Government-owned rubber-producing facilities pursuant to this Act

[sections 1941 to 1941y of this Appendix]. After the Commission

ceases to exist, such contracts and leases and other matters

involving the Commission shall be administered by such agency of

the Government as the President may designate.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 20, 67 Stat. 414.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under this section.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-MISC1-

TERMINATION OF COMMISSION

Section 3 of act Mar. 21, 1956, ch. 89, 70 Stat. 52, provided

that: "Notwithstanding the provisions of section 4 of Public Law

336, Eighty-fourth Congress, approved August 9, 1955 [set out as a

note below], of section 4 of Public Law 19, Eighty-fourth Congress,

approved March 31, 1955 [set out as a note below], and section 20

of the Rubber Producing Facilities Disposal Act of 1953 [this

section], the Commission established by the last-mentioned Act

shall cease to exist at the close of the ninetieth day following

the termination of the review period provided for in section 27(c)

of that Act [section 1941y(c) of this Appendix], unless no sale of

the Louisville plant is recommended by the Commission pursuant to

section 27(c) of that Act [section 1941y(c) of this Appendix], in

which event the Commission shall cease to exist at the close of the

ninetieth day following the termination of the maximum period

allowed for negotiation in section 27(b) [section 1941y(b) of this

Appendix]."

Act Aug. 9, 1955, ch. 696, Sec. 4, 69 Stat. 629, provided that:

"Notwithstanding the provisions of section 4 of Public Law 19 [set

out as a note below], approved March 31, 1955, and notwithstanding

the provisions of section 20 of the Rubber Producing Facilities

Disposal Act of 1953 [this section], the Commission established by

the latter Act [sections 1941 to 1941y of this Appendix] shall

cease to exist at the close of the thirtieth day following the

termination of the transfer period provided for in section 26(c) of

that Act [section 1941x(c) of this Appendix], unless no sale of

Plancor Numbered 980 is recommended by the Commission pursuant to

section 26(c) of that Act [section 1941x(c) of this Appendix], in

which event the Commission shall cease to exist at the close of the

one hundred and thirtieth day following the date of the enactment

of this Act [Aug. 9, 1955]."

Act Mar. 31, 1955, ch. 19, Sec. 4, 69 Stat. 16, provided that:

"Notwithstanding the provisions of section 20 of the Rubber

Producing Facilities Disposal Act of 1953 [this section], the

Commission established by that Act [sections 1941 to 1941y of this

Appendix] shall cease to exist at the close of the thirtieth day

following the termination of the transfer period provided for in

section 25(c) of that Act [section 1941w(c) of this Appendix],

unless no sale of Plancor Numbered 877 is recommended by the

Commission pursuant to section 25(c) of that Act [section 1941w(c)

of this Appendix], in which event the Commission shall cease to

exist at the close of the one hundred and thirtieth day following

the date of enactment of this Act [March 31, 1955]."

-EXEC-

EX. ORD. NO. 10678. ADMINISTRATION OF FUNCTIONS OF COMMISSION

Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199, as amended by

Ex. Ord. No. 10720, July 11, 1957, 22 F.R. 5521, provided:

By virtue of the authority vested in me by section 20 of the

Rubber Producing Facilities Disposal Act of 1953 67 Stat. 414, as

amended or modified (50 U.S.C. App. 1941r), and by section 6(d) of

the act of March 21, 1956, 70 Stat. 53 [set out as a note under

section 1941f of this Appendix], and as President of the United

States, it is ordered as follows:

Section 1. Subject to the provisions of section 2 of this order,

the Federal Facilities Corporation (hereinafter referred to as the

Corporation) is hereby designated as the agency to administer the

contracts of sale or lease of the Government-owned rubber producing

facilities made pursuant to the Rubber Producing Facilities

Disposal Act of 1953, as amended [sections 1941 to 1941y of this

Appendix], and to administer other matters involving the Rubber

Producing Facilities Disposal Commission, including all powers and

authority conferred upon the said Commission by sections 4, 5, and

6 of the said act of March 21, 1956 [set out as notes under

sections 1941f and 1941y of this Appendix], and also including the

winding up of the affairs of the Commission. The said contracts are

hereby transferred to the Corporation.

Sec. 2. The administration of the national-security clause

contained in such contracts of sale, including any contract of sale

made under the act of March 31, 1955 69 Stat. 15 [enacting section

1941w and provisions set out under section 1938 and sections 1941w

and 1941r of this Appendix], or under the said act of March 21,

1956 [set out as notes under sections 1941f and 1941y of this

Appendix], and the administration of the national-security clause

(including the recapture clause) contained in any lease of the

unsold facilities made under any of the aforesaid acts shall be

carried out in accordance with the needs and requirements of the

national defense as determined by the Secretary of Defense.

Sec. 3. The records, property, liabilities, employees and

unexpended balances of appropriations, allocations, and other

funds, available or to be made available, of the Rubber Producing

Facilities Disposal Commission are hereby transferred to the

Corporation, for use or employment by the Corporation in connection

with the administration or performance of its functions and duties

under section 1 of this order, or for other disposition as

determined, consonant with law, by the Corporation.

Sec. 4. All matters placed under the administration or

jurisdiction of the Corporation by sections 1 and 3 of this order

shall be subject to direction and control by the Administrator of

General Services.

Sec. 5. This order shall become effective on September 24, 1956.

Dwight D. Eisenhower.

ADMINISTRATION AFTER TERMINATION

Administration by Administrator of General Services of matters

involving the Rubber Producing Facilities Disposal Commission,

including the winding up of the affairs of the Commission, see

Dissolution of Federal Facilities Corporation note set out under

section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941s 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941s. Definitions

-STATUTE-

(a) The term "synthetic rubber" means any product of chemical

synthesis similar in general properties and applications to natural

rubber, and specifically capable of vulcanization, produced in the

United States, not including reclaimed synthetic rubber.

(b) The term "general-purpose synthetic rubber" means a synthetic

rubber of the butadiene-styrene type generally suitable for use in

the manufacture of transportation items such as tires or camelback,

as well as any other type of synthetic rubber equally or better

suited for use in the manufacture of transportation items such as

tires or camelback as determined from time to time by the

President.

(c) The term "rubber-producing facilities" means facilities, in

whole or in part, for the manufacture of synthetic rubber, and the

component materials thereof, including, but not limited to,

buildings and land in which or on which such facilities may be

located and all machinery and utilities associated therewith.

(d) The term "component materials" means the material, raw,

semifinished, and finished, necessary for the manufacture of

synthetic rubber.

(e) The term "standby condition" means the condition in which

rubber-producing facilities, in whole or in part, are placed if not

sold or leased in accordance with this Act [sections 1941 to 1941y

of this Appendix], but are maintained so as to be readily available

for the production of synthetic rubber or component materials.

(f) The term "person" means any individual, firm, copartnership,

business trust, corporation, or any organized group of persons

whether incorporated or not.

(g) The term "operating agency" means the Department, agency,

officer, Government corporation, or instrumentality of the United

States designated from time to time by the President pursuant to

section 7(a) of the Rubber Act of 1948, as amended [section 1926(a)

of this Appendix].

(h) The term "small business enterprise" means an enterprise

independently owned and operated which is not dominant in its field

of operation, due regard being given to the number of its employees

and dollar volume of business.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 21, 67 Stat. 415.)

-End-

-CITE-

50 USC APPENDIX Sec. 1941t 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941t. Omitted

-COD-

CODIFICATION

Section, act Aug. 7, 1953, ch. 338, Sec. 22, 67 Stat. 415,

amended section 20 of the Rubber Act of 1949, as amended (50 App.

U.S.C. 1938), which was omitted from the Code.

-End-

-CITE-

50 USC APPENDIX Sec. 1941u 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941u. Congressional resolutions respecting facilities

-STATUTE-

(a) Resolutions as rules of Congress; changes

The provisions of this section are enacted by the Congress:

(1) As an exercise of the rule-making power of the Senate and the

house of Representatives, respectively, and as such they shall be

considered as part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

such House in the case of resolutions (as defined in subsection

(b)); and such rules shall supersede other rules only to the extent

that they are inconsistent therewith; and

(2) With full recognition of the constitutional right of either

House to change such rules (so far as relating to the procedure in

such House) at any time, in the same manner and to the same extent

as in the case of any other rule of such House.

(b) Form of resolution

As used in this section, the term "resolution" means only a

resolution of either of the two Houses of Congress, the matter

after the resolving clause of which is as follows: (1) "That the

__________ does not favor sale of the facilities as recommended in

the report of the Rubber Producing Facilities Disposal

Commission.", the blank therein being filled with the name of the

resolving House; or (2) "That the __________ does not favor the

sale of the __________ as recommended in the report of the Rubber

Producing Facilities Disposal Commission.", the first blank therein

being filled with the name of the resolving House and the other

blank being filled with a description of the facility or facilities

proposed to be sold.

(c) Reference to committee

A resolution with respect to a facility or facilities shall be

referred to a committee (and all such resolutions shall be referred

to the same committee) by the President of the Senate or the

Speaker of the House of Representatives, as the case may be.

(d) Report by committee; motion to discharge

(1) If the committee to which has been referred a resolution with

respect to a facility or facilities has not reported it before the

expiration of ten calendar days after its introduction, it shall

then (but not before) be in order to move either to discharge the

committee from further consideration of such resolution, or to

discharge the committee from further consideration of any other

resolution with respect to such facility or facilities which has

been referred to the committee.

(2) Such motion may be made only by a person favoring the

resolution, shall be highly privileged (except that it may not be

made after the committee has reported a resolution with respect to

the same facility or facilities), and debate thereon shall be

limited to not to exceed one hour, to be equally divided between

those favoring and those opposing the resolution. No amendment to

such motion shall be in order, and it shall not be in order to move

to reconsider the vote by which such motion is agreed to or

disagreed to.

(3) If the motion to discharge is agreed to or disagreed to, such

motion may not be renewed, nor may another motion to discharge the

committee be made with respect to any other resolution with respect

to the same facility or facilities.

(e) Motion to consider resolution; amendment

(1) Where the committee has reported, or has been discharged from

further consideration of, a resolution with respect to a facility

or facilities, it shall at any time thereafter be in order (even

though a previous motion to the same effect has been disagreed to)

to move to proceed to the consideration of such resolution. Such

motion shall be highly privileged and shall not be debatable. No

amendment to such motion shall be in order and it shall not be in

order to move to reconsider the vote by which such motion is agreed

to or disagreed to.

(2) Debate on the resolution shall be limited to not to exceed

ten hours, which shall be equally divided between those favoring

and those opposing the resolution. A motion further to limit debate

shall not be debatable. No amendment to, or motion to recommit, the

resolution shall be in order, and it shall not be in order to move

to reconsider the vote by which the resolution is agreed to or

disagreed to.

(f) Motions and appeals from decisions on rules to be decided

without debate

(1) All motions to postpone, made with respect to the discharge

from committee, or the consideration of, a resolution with respect

to a facility or facilities, and all motions to proceed to the

consideration of other business, shall be decided without debate.

(2) All appeals from the decisions of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedure relating to a

resolution with respect to a facility or facilities, shall be

decided without debate.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 23, 67 Stat. 415.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941v 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941v. Rejection of recommended sales contract; right to

review of purchaser of other facilities; minimum annual

production necessary to sustain disposal report

-STATUTE-

Notwithstanding any provisions of this Act [sections 1941 to

1941y of this Appendix], in the event that the recommended sale of

any facility is disapproved by either House of the Congress, any

prospective purchaser of any other facility shall have a period of

thirty days after the termination of the period for review by the

Congress in which to reject the recommended sales contract with

regard to the facility or facilities which he has agreed to

purchase: Provided, That if as a result of the disapproval by

either House of the Congress of the sale of any facility or

facilities, or as a result of the rejection of one or more sales

contracts by any prospective purchaser as provided in this section,

the remaining facilities to be sold will in the aggregate not be

capable of annually producing at least 500,000 long tons of general

purpose synthetic rubber and at least 43,000 long tons of butyl

rubber, then no facility shall be sold under this Act [said

sections], and for the purposes of this Act [said sections] the

report of the Commission shall be deemed to have been disapproved

in its entirety.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 24, 67 Stat. 416.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1941w 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941w. Disposal of rubber-producing facility at Baytown, Texas

-STATUTE-

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section

1941e(a) of this Appendix], the period for receipt of proposals for

the purchase of the Government-owned rubber-producing facility at

Baytown, Texas, known as Plancor Numbered 877, shall not expire

until the end of the thirty-day period which begins on the date of

the enactment of this section [Mar. 31, 1955].

(b) Negotiation period

If one or more proposals are received for the purchase of Plancor

Numbered 877 within the time period specified in subsection (a),

the Commission, notwithstanding the expiration of the period for

negotiation specified in section 7 (f) [section 1941e(f) of this

Appendix], shall negotiate with those submitting the proposals for

a period of not to exceed sixty days for the purpose of entering

into a definite contract of sale.

(c) Report to Congress; transfer period

Within ten days after the termination of the actual negotiation

period referred to in subsection (b), the Commission shall prepare

and submit to the Congress a report containing, with respect to the

disposal under this section of Plancor Numbered 877, the

information described in paragraphs (1) to (5), inclusive, and

paragraph (8) of section 9(a) [section 1941g(a) of this Appendix].

Unless the contract is disapproved by either House of the Congress

by a resolution prior to the expiration of thirty days of

continuous session (as defined in section 9(c) [section 1941g(c) of

this Appendix]) of the Congress following the date upon which the

report is submitted to it, upon the expiration of such thirty-day

period the contract shall become fully effective and the Commission

shall proceed to carry it out, and transfer of possession of the

facility sold shall be made as soon as practicable but in any event

within thirty days after the expiration of such thirty-day period.

The failure to complete transfer of possession within thirty days

after the expiration of the period for congressional review shall

not give rise to or be the basis of rescission of the contract of

sale.

(d) Standby condition

If, upon termination of the transfer period provided for in

subsection (c), no contract for the sale of Plancor Numbered 877

has become effective, the operating agency last designated by the

President shall, as promptly as possible consistent with sound

operating procedures, take said Plancor out of production and place

it in adequate standby condition under the provisions of section 8

of the Rubber Producing Facilities Disposal Act of 1953 [section

1941f of this Appendix]: Provided, That the provisions in said

section relating to the time for placing facilities in standby

condition shall not apply to Plancor Numbered 877.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 25, as added Mar. 31, 1955, ch. 19,

Sec. 1, 69 Stat. 15.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-MISC1-

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Mar. 31, 1955, provided that: "Notwithstanding

the provisions of section 3(d) of the Rubber Producing Facilities

Disposal Act of 1953 [section 1941a(d) of this Appendix], the

Rubber Producing Facilities Disposal Commission (hereinafter

referred to as the 'Commission') before submission to the Congress

of its report relative to Plancor Numbered 877, shall submit it to

the Attorney General, who shall, within seven days after receiving

the report, advise the Commission whether, in his opinion, the

proposed disposition, if carried out, will violate the antitrust

laws."

DISPOSAL CRITERIA

Section 5 of act Mar. 31, 1955, provided that: "Except as

otherwise provided in this Act [enacting this section and

provisions set out as notes under sections 1938, 1941r, and 1941w

of this Appendix], disposal of Plancor Numbered 877 shall be fully

subject to all the provisions of the Rubber Producing Facilities

Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and

such criteria as have been established by the Commission in

handling disposal of other Government-owned rubber producing

facilities under that Act: Provided, That the provisions of

sections 7(j), 7 (k), 9(d), 9(f), 10, 11, 15, and 24 of that Act

[sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i,

1941m, and 1941v of this Appendix] shall not apply to the disposal

of Plancor Numbered 877. As promptly as practicable following the

date of transfer of possession of Plancor Numbered 877 to a

purchaser under this Act, the operating agency last designated by

the President shall offer for sale to such purchaser the end

products produced at such plant and held in inventory for

Government account on the day of such transfer of possession,

together with the feedstocks then located at such plant or

purchased by the operating agency for use at such plant. Sale of

such end products shall be made at the Government sales price

prevailing on the business day next preceding the date of transfer

of possession of such plant. Sale of such feedstocks shall be made

at not less than their cost to the Government. In the event the

purchaser declines to purchase such end products or feedstocks when

first offered to it by the operating agency, they may be thereafter

disposed of in such manner as the operating agency deems advisable.

In the event Plancor Numbered 877 is not sold under the provisions

of this Act, any end products produced at such plant and held in

inventory for Government account on the day such plant is placed in

standby condition pursuant to section 25(d) of the Rubber Producing

Facilities Disposal Act of 1953, as added by this Act [subsec. (d)

of this section], and any feedstocks then located at such plant or

purchased by the operating agency for use at such plant shall be

disposed of in such manner as the operating agency deems advisable,

at the prevailing market price for such end products and

feedstocks."

LEASE OR SALE OF TANK CARS

Section 6 of act Mar. 31, 1955, provided that: "Notwithstanding

any provision of the Rubber Producing Facilities Disposal Act of

1953 [sections 1941 to 1941y of this Appendix] and notwithstanding

any other provision of this Act [enacting this section and

provisions set out as notes under sections 1938, 1941r, and 1941w

of this Appendix], the Commission or, after it ceases to exist,

such agency of the Government as the President may designate, may,

after securing the advice of the Attorney General as to whether the

proposed lease or sale would tend to create or maintain a situation

inconsistent with the antitrust laws, enter into leases or

contracts of sale for all or any number of 448 pressure tank cars

(ICC Classification ICC-104AW) for which the Commission invited

proposals to purchase pursuant to that Act. Each such lease may be

for such duration and each such lease or contract of sale may be

made on such terms (including type of use) as the Commission or

such other agency deems advisable in the public interest: Provided,

That each such lease or contract of sale shall contain, among other

provisions, a national security clause, and each such lease shall

contain provisions for the recapture of the tank cars leased by the

Government and the termination of the lease, if the President

determines that the national interest so requires. The rental or

price for any such tank car or cars shall be an amount which the

Commission or such agency determines to be the maximum amount

obtainable in the public interest, but not less than fair value as

determined by the Commission. Any of such tank cars not under lease

or contract of sale to non-Federal lessees or purchasers may be

transferred without charge by the Commission or such agency to any

Government department or agency upon request, for such use as the

Commission or such agency deems advisable and subject to national

security and recapture provisions of the type hereinabove provided

for in this section running in favor of the Commission or other

agency transferring the tank car or cars. Any of such tank cars not

sold or under lease or transferred as hereinabove provided shall be

placed and maintained in adequate standby condition pursuant to the

provisions of section 8 of the Rubber Producing Facilities Disposal

Act of 1953 [section 1941f of this Appendix]."

LIMITATION

Section 7 of act Mar. 31, 1955, provided that: "The provisions of

this Act [enacting this section and provisions set out as notes

under sections 1938, 1941r, and 1941w of this Appendix] shall not

be applicable to the disposal of any Government-owned

rubber-producing facilities other than Plancor Numbered 877 and 448

pressure tank cars (ICC Classification-ICC 104AW); and all action

taken pursuant to the provisions of the Rubber Producing Facilities

Disposal Act of 1953 [sections 1941 to 1941y of this Appendix]

prior to the enactment of this Act [Mar. 31, 1955] shall be

governed by the provisions of that Act [sections 1941 to 1941y of

this Appendix] as it existed prior to the enactment of this Act and

shall have the same force and effect as if this Act had not been

enacted."

-End-

-CITE-

50 USC APPENDIX Sec. 1941x 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941x. Disposal of rubber-producing facility at Institute,

West Virginia

-STATUTE-

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section

1941e(a) of this Appendix], the period for receipt of proposals for

the purchase of the Government-owned rubber-producing facility at

Institute, West Virginia, known as Plancor Numbered 980, shall not

expire until the end of the sixty-day period which begins on the

date of the enactment of this section [Aug. 9, 1955].

(b) Negotiation period

If one or more proposals are received for the purchase of Plancor

Numbered 980 within the time period specified in subsection (a),

the Commission, notwithstanding the expiration of the period for

negotiation specified in section 7 (f) [section 1941e(f) of this

Appendix], shall negotiate with those submitting the proposals for

a period of not to exceed seventy-five days for the purpose of

entering into a definite contract of sale.

(c) Report to Congress; transfer period

Within ten days after the termination of the actual negotiation

period referred to in subsection (b), or, if Congress is not then

in session, within ten days after Congress next convenes, the

Commission shall prepare and submit to the Congress a report

containing with respect to the disposal under this section of

Plancor Numbered 980, the information described in paragraphs (1)

to (5), inclusive, and paragraph (8) of section 9(a) [section

1941g(a) of this Appendix]. Unless the contract is disapproved by

either House of the Congress by a resolution prior to the

expiration of thirty days of continuous session (as defined in

section 9(c) [section 1941g(c) of this Appendix]) of the Congress

following the date upon which the report is submitted to it, upon

the expiration of such thirty-day period the contract shall become

fully effective and the Commission shall proceed to carry it out,

and transfer of possession of the facility sold shall be made as

soon as practicable but in any event within thirty days after the

expiration of such thirty-day period. The failure to complete

transfer of possession within thirty days after the expiration of

the period for congressional review shall not give rise to or be

the basis of rescission of the contract of sale.

(d) Standby condition

If, upon termination of the transfer period provided for in

subsection (c), no contract for the sale of Plancor Numbered 980

has become effective, the operating agency last designated by the

President shall continue to maintain said Plancor in adequate

standby condition under the provisions of section 8 of the Rubber

Producing Facilities Disposal Act of 1953 [section 1941f of this

Appendix].

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 26, as added Aug. 9, 1955, ch. 696,

Sec. 1, 69 Stat. 628.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-MISC1-

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Aug. 9, 1955, provided that: "Notwithstanding

the provisions of section 3(d) of the Rubber Producing Facilities

Disposal Act of 1953 [section 1941a(d) of this Appendix], the

Rubber Producing Facilities Disposal Commission (hereinafter

referred to as the 'Commission') before submission to the Congress

of its report relative to Plancor Numbered 980, shall submit it to

the Attorney General, who shall, within seven days after receiving

the report, advise the Commission whether, in his opinion, the

proposed disposition, if carried out, will violate the antitrust

laws."

DISPOSAL CRITERIA

Section 5 of act Aug. 9, 1955, provided that: "Except as

otherwise provided in this Act [enacting this section and

provisions set out as notes under sections 1938, 1941r, and 1941x

of this Appendix], disposal of Plancor Numbered 980 shall be fully

subject to all the provisions of the Rubber Producing Facilities

Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and

such criteria as have been established by the Commission in

handling disposal of other Government-owned rubber producing

facilities under that Act: Provided, That the provisions of

sections 7(j), 7(k), 9(d), 9(f), 10, 11, 15, and 24 of that Act

[sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i,

1941m, and 1941v of this Appendix] shall not apply to the disposal

of Plancor Numbered 980. As promptly as practicable following the

date of transfer of possession of Plancor Numbered 980 to a

purchaser under this Act, the operating agency last designated by

the President shall offer for sale to such purchaser the end

products at such plant and held in inventory for Government account

on the day of such transfer of possession, together with the

feedstocks then located at such plant or purchased by the operating

agency for use at such plant. Sale of such end products shall be

made at the Government sales price prevailing on the business day

next preceding the date of transfer of possession of such plant.

Sale of such feedstocks shall be made at not less than their cost

to the Government. In the event the purchaser declines to purchase

such end products or feedstocks when first offered to it by the

operating agency, they may be thereafter disposed of in such manner

as the operating agency deems advisable. In the event Plancor

Numbered 980 is not sold under the provisions of this Act, any end

products at such plant and held in inventory for Government account

and any feedstocks located at such plant or purchased by the

operating agency for use at such plant shall be disposed of in such

manner as the operating agency deems advisable, at the prevailing

market price for such end products and feedstocks."

LIMITATION

Section 6 of act Aug. 9, 1955, provided that: "The provisions of

this Act [enacting this section and provisions set out as notes

under sections 1938, 1941r, and 1941x of this Appendix] shall not

be applicable to the disposal of any Government-owned

rubber-producing facilities other than Plancor Numbered 980; and

all action taken pursuant to the provisions of the Rubber Producing

Facilities Disposal Act of 1953 [sections 1941 to 1941y of this

Appendix], or the amendment thereto known as Public Law 19 [section

1941w of this Appendix], enacted March 31, 1955, prior to the

enactment of this Act [Aug. 9, 1955] shall be governed by the

provisions of that Act as it existed prior to the enactment of this

Act and shall have the same force and effect as if this Act had not

been enacted."

-End-

-CITE-

50 USC APPENDIX Sec. 1941y 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

-HEAD-

Sec. 1941y. Disposal of rubber-producing facility at Louisville,

Kentucky

-STATUTE-

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section

1941e(a) of this Appendix], the period for receipt of proposals for

the purchase of the Government-owned rubber-producing facility at

Louisville, Kentucky, known as Plancor Numbered 1207 and

hereinafter referred to as the "Louisville plant", shall not expire

until the end of the thirty-day period which begins on the date of

the enactment of this section [Mar. 21, 1956].

(b) Negotiation period

If one or more proposals are received for the purchase of the

Louisville plant within the time period specified in subsection

(a), the Commission, notwithstanding the expiration of the period

for negotiation specified in section 7(f) [section 1941e(f) of this

Appendix], shall negotiate with those submitting the proposals for

a period of not to exceed thirty days for the purpose of entering

into a contract of sale.

(c) Report to Congress; transfer period

Within ten days after the termination of the actual negotiation

period referred to in subsection (b), or, if Congress is not then

in session, within ten days after Congress next convenes, the

Commission shall prepare and submit to the Congress a report

containing, with respect to the disposal under this section of the

Louisville plant, the information described in paragraphs 1, 2, 3,

4, and 8 of section 9(a) [section 1941g(a) of this Appendix].

Unless the contract is disapproved by either House of the Congress

by a resolution prior to the expiration of thirty days of

continuous session (as defined in section 9(c) [section 1941g(c) of

this Appendix]) of the Congress following the date upon which the

report is submitted to it, upon the expiration of such thirty-day

period the contract shall become fully effective and the Commission

shall proceed to carry it out, and transfer of possession of the

facility sold shall be made as soon as practicable but in any event

within thirty days after the expiration or termination of the

existing lease on the Louisville plant. The failure to complete

transfer of possession within thirty days after expiration or

termination of the existing lease shall not give rise to or be the

basis of rescission of the contract of sale.

-SOURCE-

(Aug. 7, 1953, ch. 338, Sec. 27, as added Mar. 21, 1956, ch. 89,

Sec. 1, 70 Stat. 51.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing

Facilities Disposal Commission transferred to Federal Facilities

Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,

set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property,

records, etc., transferred to Administrator of General Services by

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under section 1938 of this Appendix.

-MISC1-

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Mar. 21, 1956, provided that: "Notwithstanding

the provisions of section 3(d) of the Rubber Producing Facilities

Disposal Act of 1953 [section 1941a(d) of this Appendix], the

Rubber Producing Facilities Disposal Commission (hereinafter

referred to as the 'Commission'), before submission to the Congress

of its report relative to the Louisville plant shall submit it to

the Attorney General, who shall, within seven days after receiving

the report, advise the Commission whether, in his opinion, the

proposed disposition, if carried out, will violate the antitrust

laws."

LEASE; TRANSMITTAL TO ATTORNEY GENERAL; CONGRESSIONAL REVIEW

Section 4 of act Mar. 21, 1956, provided that:

"(a) Notwithstanding the provisions of section 9(d) [section

1941g(d) of this Appendix] and notwithstanding the period of lease

limitation in section 9(f) [section 1941g(f) of this Appendix] of

the Rubber Producing Facilities Disposal Act of 1953, the

Commission or its successor may, provided the period for receipt of

proposals for the purchase of the Louisville plant has expired as

provided in section 27(a) of that Act [subsection (a) of this

section] and no proposal or contract for the purchase of the

Louisville plant is then pending or in effect, extend the existing

lease or enter into a new lease on the Louisville plant for a term

of not less than five years nor more than fifteen years from the

date of termination of said existing lease.

"(b) Notwithstanding the provisions of sections 8(a)(3) and 9(f)

of the Rubber Producing Facilities Disposal Act of 1953 [sections

1941f(a)(3) and 1941g(f) of this Appendix] relating to the period

for review by the Attorney General, the Commission, before

submission to the Congress of a lease or lease extension relative

to the Louisville plant, shall submit it to the Attorney General,

who shall, within seven days after receiving the lease or lease

extension, advise the Commission whether the proposed lease or

lease extension would tend to create or maintain a situation

inconsistent with the antitrust laws.

"(c) Within ten days after the termination of the lease

negotiations authorized in subsection (a) of this section, or, if

Congress is not then in session, within ten days after Congress

next convenes, the Commission shall report to the Congress the

lease or lease extension negotiated pursuant to this section. The

Commission shall submit at the same time the statement of the

Attorney General approving the proposed lease or lease extension in

accordance with the standard set forth in subsection (b) of this

section, and the names of the persons who have represented the

Government or lessee in conducting negotiations for the lease or

lease extension on the Louisville plant. Unless the lease or lease

extension is disapproved by either House of the Congress by

resolution prior to the expiration of thirty days of continuous

session (as defined in section 9(c) of the Rubber Producing

Facilities Disposal Act of 1953 [section 1941g(c) of this

Appendix]) of the Congress following the date upon which the lease

or lease extension is submitted to it, upon the expiration of such

thirty-day period the lease or lease extension shall become fully

effective and the Commission shall proceed to carry it out in

accordance with its terms."

DISPOSAL CRITERIA

Section 5 of act Mar. 21, 1956, provided that: "Except as

otherwise provided in this Act [enacting this section and

provisions set out as notes under sections 1941f, 1941r, and 1941y

of this Appendix], the disposal or lease of the Louisville plant

shall be fully subject to all the provisions of the Rubber

Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y

of this Appendix] and such criteria as have been established by the

Commission in handling disposal of other Government-owned rubber

producing facilities under this Act: Provided, That the provisions

of sections 7(j), 7(k), 10, 15 and 24 of that Act [sections

1941e(j), 1941e(k), 1941h, 1941m and 1941v of this Appendix] shall

not apply to the disposal or lease of the Louisville plants."

-End-

-CITE-

50 USC APPENDIX DISPLACED PERSONS, REFUGEES AND

ORPHANS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

-HEAD-

DISPLACED PERSONS, REFUGEES AND ORPHANS

-End-

-CITE-

50 USC APPENDIX ADMISSION OF DISPLACED PERSONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ADMISSION OF DISPLACED PERSONS

-HEAD-

ADMISSION OF DISPLACED PERSONS

-End-

-CITE-

50 USC APPENDIX ACT JUNE 25, 1948, CH. 647, 62

STAT. 1009 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009

-HEAD-

ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009

-End-

-CITE-

50 USC APPENDIX Secs. 1951 to 1965 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009

-HEAD-

Secs. 1951 to 1965. Omitted

-COD-

CODIFICATION

Sections 1951 to 1965 authorized admission of displaced persons

and permitted the issuance of immigration visas without regard to

quota limitations prior to June 30, 1952.

Section 1951, acts June 25, 1948, ch. 647, Sec. 2, 62 Stat. 1009;

June 16, 1950, ch. 262, Secs. 1 to 3, 64 Stat. 219; June 28, 1951,

ch. 167, Sec. 2, 65 Stat. 96, defined terms used in sections 1951

to 1965 of this Appendix.

Section 1952, acts June 25, 1948, ch. 647, Sec. 3, 62 Stat. 1010;

June 16, 1950, ch. 262, Sec. 4, 64 Stat. 221; June 28, 1951, ch.

167, Sec. 1, 65 Stat. 96; June 27, 1952, ch. 477, title IV, Sec.

402(h)(1), (2), 66 Stat. 277, authorized issuance of visas prior to

June 30, 1952, and provided for use of quota numbers.

Section 1953, acts June 25, 1948, ch. 647, Sec. 4, 62 Stat. 1011;

June 16, 1950, ch. 262, Sec. 5, 64 Stat. 224; June 27, 1952, ch.

477, title IV, Sec. 402(h)(3), 66 Stat. 277, provided for

adjustment of immigration status of aliens who entered prior to

Apr. 30, 1949, if application for adjustment was made within two

years after June 25, 1948.

Section 1954, acts June 25, 1948, ch. 647, Sec. 5, 62 Stat. 1011;

June 28, 1951, ch. 167, Sec. 3, 65 Stat. 96; June 27, 1952, ch.

477, title IV, Sec. 402(h)(4), 66 Stat. 277, related to

determination of quota nationality.

Section 1955, acts June 25, 1948, ch. 647, Sec. 6, 62 Stat. 1012;

June 16, 1950, ch. 262, Sec. 6, 64 Stat. 224; June 27, 1952, ch.

477, title IV, Sec. 402(h)(5), 66 Stat. 277, related to preferences

and priorities and authorized a "good faith" oath.

Section 1956, acts June 25, 1948, ch. 647, Sec. 7, 62 Stat. 1012;

June 12, 1950, ch. 262, Sec. 7, 64 Stat. 225, required priority to

be given to persons who bore arms against enemies of the United

States or who served in labor service or guard units of the U.S.

Army.

Section 1957, acts June 25, 1948, ch. 647, Sec. 8, 62 Stat. 1012;

Oct. 15, 1949, ch. 695, Sec. 6(a), 63 Stat. 881; June 16, 1950, ch.

262, Sec. 8, 64 Stat. 225, created a Displaced Persons Commission

of three members appointed for a term ending August 31, 1952 and

provided for appropriations, employment of personnel, issuance of

rules and regulations and reports to the President and the

Congress, including a final report at the end of the Commission's

term. Acts June 25, 1948, ch. 647, Sec. 8, 62 Stat. 1012; Oct. 15,

1949, ch. 695, Sec. 6(a), 63 Stat. 881, were subsequently repealed

by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 654, 655.

Section 1958, act June 25, 1948, ch. 647, Sec. 9, 62 Stat. 1013,

related to reporting to Displaced Persons Commission by admitted

persons.

Section 1959, acts June 25, 1948, ch. 647, Sec. 10, 62 Stat.

1013; June 16, 1950, ch. 262, Sec. 9, 64 Stat. 225, provided for

investigation and report on all persons prior to admittance.

Section 1960, act June 25, 1948, ch. 647, Sec. 11, 62 Stat. 1013,

prohibited preference or priority for visas under other laws after

June 30, 1948.

Section 1961, acts June 25, 1948, ch. 647, Sec. 12, 62 Stat.

1013; June 16, 1950, ch. 262, Sec. 10, 64 Stat. 226; June 27, 1952,

ch. 477, title IV, Sec. 402(h)(6), 66 Stat. 278, related to

admission of persons of German ethnic origin.

Section 1962, acts June 25, 1948, ch. 647, Sec. 13, 62 Stat.

1014; June 16, 1950, ch. 262, Sec. 11, 64 Stat. 227, enumerated

persons excluded from provisions authorizing visas.

Section 1962a, act June 25, 1948, ch. 647, Sec. 14, as added June

16, 1950, ch. 262, Sec. 12, 64 Stat. 227, authorized the

Reconstruction Finance Corporation to make advances to the

Displaced Persons Commission.

Section 1963, act June 25, 1948, ch. 647, Sec. 15, formerly Sec.

14, 62 Stat. 1014, renumbered June 16, 1950, ch. 262, Sec. 12, 64

Stat. 227, prescribed penalties for violations of sections 1951 to

1965 of this Appendix.

Section 1964, act June 25, 1948, ch. 647, Sec. 16, as added June

16, 1950, ch. 262, Sec. 13, 64 Stat. 228, related to conferences

respecting problems of persons of German ethnic origin.

Section 1965, act June 25, 1948, ch. 647, Sec. 17, as added June

16, 1950, ch. 262, Sec. 14, 64 Stat. 228, required transportation

by American flagships or planes.

-End-

-CITE-

50 USC APPENDIX ADMISSION OF REFUGEES AND

ORPHANS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ADMISSION OF REFUGEES AND ORPHANS

-HEAD-

ADMISSION OF REFUGEES AND ORPHANS

-End-

-CITE-

50 USC APPENDIX ACT AUG. 7, 1953, CH. 336, 67

STAT. 400 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT AUG. 7, 1953, CH. 336, 67 STAT. 400

-HEAD-

ACT AUG. 7, 1953, CH. 336, 67 STAT. 400

-End-

-CITE-

50 USC APPENDIX Secs. 1971 to 1971q 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT AUG. 7, 1953, CH. 336, 67 STAT. 400

-HEAD-

Secs. 1971 to 1971q. Omitted

-COD-

CODIFICATION

Sections 1971 to 1971q were omitted as terminated Dec. 31, 1956,

pursuant to section 1971q of this Appendix.

Section 1971, act Aug. 7, 1953, ch. 336, Sec. 2, 67 Stat. 400,

defined terms used in sections 1971 to 1971q of this Appendix.

Section 1971a, act Aug. 7, 1953, ch. 336, Sec. 3, 67 Stat. 401,

authorized issuance of 205,000 special nonquota immigrant visas to

aliens and their spouses, unmarried children under 21 years of age,

stepchildren, and children adopted prior to July 1, 1953.

Section 1971b, acts Aug. 7, 1953, ch. 336, Sec. 4, 67 Stat. 401;

Aug. 31, 1954, ch. 1169, Sec. 1, 68 Stat. 1044, provided for

allocation among classes of visas issued under section 1971a of

this Appendix.

Section 1971c, acts Aug. 7, 1953, ch. 336, Sec. 5, 67 Stat. 402;

Aug. 31, 1954, ch. 1169, Sec. 2, 68 Stat. 1044, authorized not more

than 4,000 special nonquota immigrants visas to eligible orphans.

Section 1971d, acts Aug. 7, 1953, ch. 336, Sec. 6, 67 Stat. 403;

Aug. 31, 1954, ch. 1169, Sec. 3, 68 Stat. 1044, permitted

applications not later than June 30, 1955, to adjust immigrant

status of temporary residents.

Section 1971e, acts Aug. 7, 1953, ch. 336, Sec. 7, 67 Stat. 403;

Aug. 31, 1954, ch. 1169, Sec. 4, 68 Stat. 1045, related to

assurances of citizen sponsors, and deportation for

inadmissibility.

Section 1971f, act Aug. 7, 1953, ch. 336, Sec. 8, 67 Stat. 404,

related to intergovernmental arrangements for assistance to

immigrants and use of American ships and airplanes.

Section 1971g, act Aug. 7, 1953, ch. 336, Sec. 9, 67 Stat. 405,

related to determination of eligibility on a nondiscriminatory

basis.

Section 1971h, act Aug. 7, 1953, ch. 336, Sec. 10, 67 Stat. 405,

related to an exemption from visa fees.

Section 1971i, act Aug. 7, 1953, ch. 336, Sec. 11, 67 Stat. 405,

related to safeguards in regards to security-screening.

Section 1971j, act Aug. 7, 1953, ch. 336, Sec. 12, 67 Stat. 405,

related to priorities in consideration of visa applications.

Section 1971k, act Aug. 7, 1953, ch. 336, Sec. 13, 67 Stat. 406,

related to priorities of persons eligible under the Displaced

Persons Act of 1948.

Section 1971l, act Aug. 7, 1953, ch. 336, Sec. 14, 67 Stat. 406,

related to ineligibility of certain persons.

Section 1971m, act Aug. 7, 1953, ch. 336, Sec. 15, 67 Stat. 406,

related to applicability of Immigration and Nationality Act.

Section 1971n, act Aug. 7, 1953, ch. 336, Sec. 16, 67 Stat. 406,

related to loans to pay transportation.

Section 1971o, act Aug. 7, 1953, ch. 336, Sec. 17, 67 Stat. 407,

related to eligible aliens as nonquota immigrants.

Section 1971p, act Aug. 7, 1953, ch. 336, Sec. 19, 67 Stat. 407,

related to semi-annual reports to President and Congress.

Section 1971q, act Aug. 7, 1953, ch. 336, Sec. 20, 67 Stat. 407,

provided that no immigrant visa would issue under sections 1971 to

1971q of this Appendix after Dec. 31, 1956.

-End-

-CITE-

50 USC APPENDIX ADMISSION OF ORPHANS ADOPTED BY

CITIZENS SERVING ABROAD 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ADMISSION OF ORPHANS ADOPTED BY CITIZENS SERVING ABROAD

-HEAD-

ADMISSION OF ORPHANS ADOPTED BY CITIZENS SERVING ABROAD

-End-

-CITE-

50 USC APPENDIX ACT JULY 29, 1953, CH. 268, 67

STAT. 229 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT JULY 29, 1953, CH. 268, 67 STAT. 229

-HEAD-

ACT JULY 29, 1953, CH. 268, 67 STAT. 229

-End-

-CITE-

50 USC APPENDIX Secs. 1975 to 1975c 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DISPLACED PERSONS, REFUGEES AND ORPHANS

ACT JULY 29, 1953, CH. 268, 67 STAT. 229

-HEAD-

Secs. 1975 to 1975c. Omitted

-COD-

CODIFICATION

Sections 1975 to 1975c were omitted as terminated pursuant to

section 1975 of this Appendix.

Section 1975, act July 29, 1953, ch. 268, Sec. 1, 67 Stat. 229,

authorized 500 special quota nonimmigrant visas for certain orphans

and provided that the issuance of such visas under sections 1975 to

1975c of this Appendix would terminate no later than Dec. 31, 1954.

Section 1975a, act July 29, 1953, ch. 268, Sec. 2, 67 Stat. 229,

defined "eligible orphan".

Section 1975b, act July 29, 1953, ch. 268, Sec. 3, 67 Stat. 230,

related to rights of natural parents under Immigration and

Nationality Act.

Section 1975c, act July 29, 1953, ch. 268, Sec. 4, 67 Stat. 230,

related to eligible orphans as nonquota immigrants.

-End-

-CITE-

50 USC APPENDIX AMERICAN-JAPANESE EVACUATION

CLAIMS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

-HEAD-

AMERICAN-JAPANESE EVACUATION CLAIMS

-End-

-CITE-

50 USC APPENDIX ACT JULY 2, 1948, CH. 814, 62

STAT. 1231 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-MISC1-

Sec.

1981. Attorney General's jurisdiction; uncompensated claims;

condition precedent; definitions.

1982. Time limitation on presentation of claims; claims

excluded.

1983. Notice; evidence; records.

1984. Compromise of claims by Attorney General; jurisdiction

of United States Court of Federal Claims to determine

claims timely filed; report to Congress; payment of

awards; finality of decisions.

1985. Attorney's fees; penalty for overcharging.

1986. Administration.

1987. Authorization of appropriations.

-End-

-CITE-

50 USC APPENDIX Sec. 1981 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1981. Attorney General's jurisdiction; uncompensated claims;

condition precedent; definitions

-STATUTE-

(a) The Attorney General shall have jurisdiction to compromise

and settle and make an award in an amount not to exceed $100,000 as

hereinafter provided on any claim by a person of Japanese ancestry

against the United States arising on or after December 7, 1941,

when such claim is not compensated for by insurance or otherwise,

for damage to or loss of real or personal property (including

without limitation as to amount damage to or loss of personal

property bailed to or in the custody of the Government or any agent

thereof), that is (except as is otherwise provided by subsections

1(b)(2) and (1)(b)(3)) [subsections (b)(2) and (b)(3) of this

section] a reasonable and natural consequence of the evacuation or

exclusion of such person by the appropriate military commander from

a military area in Arizona, California, Oregon, or Washington; or

from the Territory of Alaska, or the Territory of Hawaii, under

authority of Executive Order Numbered 9066, dated February 19, 1942

(3 C.F.R. Cum. Supp. 1092), section 67 of the Act of April 30, 1900

(48 U.S.C. 532), or Executive Order Numbered 9489, dated October

18, 1944 (3 C.F.R. 1944 Supp. 45).

(b) As used herein -

(1) "Evacuation" shall include voluntary departure from a

military area prior to but in anticipation of an order of exclusion

therefrom.

(2) "Claims by a person of Japanese ancestry" shall include

claims that were filed by any profit or nonprofit organization,

corporate or otherwise, the majority of whose stock was owned by,

or the majority of whose stockholders or members were, on December

7, 1941, and on the date of the filing of the claim, persons of

Japanese ancestry actually residing within the continental limits

of the United States or its Territories: Provided, however, That

the losses sustained by the particular organization were the result

(1) of the evacuation and exclusion of its stockholders or members,

or (2) of the evacuation and exclusion of persons of Japanese

ancestry upon whom the organization depended for its business or

support. Such claims shall not be barred by awards or disallowances

heretofore made.

(3) "Claim by a person of Japanese ancestry" shall also include

claims which have been timely filed for such damage or loss as

heretofore defined incurred by persons of Japanese ancestry

detained, interned, or paroled, and subsequently released, pursuant

to Revised Statutes, sections 4067-70, as amended (relating to

alien enemies) [50 U.S.C. 21 to 24]. Such claims shall also include

losses due to the exclusion of the families and relatives of such

persons during their detention or internment. Any such person shall

be deemed to have been excluded from such military areas and

territories as of the date he would have been evacuated had he not

been detained or interned. The claim of or on behalf of such person

shall not be barred by any award or disallowance heretofore made.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 1, 62 Stat. 1231; July 9, 1956, ch.

531, 70 Stat. 513.)

-REFTEXT-

REFERENCES IN TEXT

Section 67 of the Act of April 30, 1900 (48 U.S.C. 532), referred

to in subsec. (a), was omitted from the Code.

-MISC1-

AMENDMENTS

1956 - Subsec. (a). The former first sentence of section was

designated subsec. (a) by act July 9, 1956, which permitted the

Attorney General to compromise and settle and make an award in an

amount not to exceed $100,000.

Subsec. (b). The former second sentence of section was designated

subsec. (b) by act July 9, 1956, which defined "claims by a person

of Japanese ancestry" and "claim by a person of Japanese ancestry".

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-451, Sec. 1, Nov. 7, 2000, 114 Stat. 1947, provided

that: "This Act [enacting provisions set out as a note under this

section] may be cited as the 'Wartime Violation of Italian American

Civil Liberties Act'."

VIOLATION OF CIVIL LIBERTIES OF ITALIAN AMERICANS DURING WORLD WAR

II

Pub. L. 106-451, Sec. 3, Nov. 7, 2000, 114 Stat. 1947, provided

that: "The Attorney General shall conduct a comprehensive review of

the treatment by the United States Government of Italian Americans

during World War II, and not later than 1 year after the date of

the enactment of this Act [Nov. 7, 2000] shall submit to the

Congress a report that documents the findings of such review. The

report shall cover the period between September 1, 1939, and

December 31, 1945, and shall include the following:

"(1) The names of all Italian Americans who were taken into

custody in the initial roundup following the attack on Pearl

Harbor, and prior to the United States declaration of war against

Italy.

"(2) The names of all Italian Americans who were taken into

custody.

"(3) The names of all Italian Americans who were interned and

the location where they were interned.

"(4) The names of all Italian Americans who were ordered to

move out of designated areas under the United States Army's

'Individual Exclusion Program'.

"(5) The names of all Italian Americans who were arrested for

curfew, contraband, or other violations under the authority of

Executive Order No. 9066 [not classified to the Code].

"(6) Documentation of Federal Bureau of Investigation raids on

the homes of Italian Americans.

"(7) A list of ports from which Italian American fishermen were

restricted.

"(8) The names of Italian American fishermen who were prevented

from fishing in prohibited zones and therefore unable to pursue

their livelihoods.

"(9) The names of Italian Americans whose boats were

confiscated.

"(10) The names of Italian American railroad workers who were

prevented from working in prohibited zones.

"(11) A list of all civil liberties infringements suffered by

Italian Americans during World War II, as a result of Executive

Order No. 9066, including internment, hearings without benefit of

counsel, illegal searches and seizures, travel restrictions,

enemy alien registration requirements, employment restrictions,

confiscation of property, and forced evacuation from homes.

"(12) An explanation of whether Italian Americans were

subjected to civil liberties infringements, as a result of

Executive Order No. 9066, and if so, why other Italian Americans

were not.

"(13) A review of the wartime restrictions on Italian Americans

to determine how civil liberties can be better protected during

national emergencies."

COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS

Pub. L. 96-317, July 31, 1980, 94 Stat. 964, as amended by Pub.

L. 97-3, Feb. 10, 1981, 95 Stat. 5; Pub. L. 97-152, Mar. 16, 1982,

96 Stat. 11; Pub. L. 97-377, title I, Sec. 111A, Dec. 21, 1982, 96

Stat. 1911, provided for establishment of Commission on Wartime

Relocation and Internment of Civilians which was to, not later than

June 30, 1983, submit to Congress a final report and study

concerning facts and circumstances surrounding Ex. Ord. No. 9066,

issued Feb. 19, 1942, pursuant to which thousands of American

citizens and permanent resident aliens were relocated and detained

in internment camps, and which was to further review U.S. military

directives requiring relocation and detention of American citizens,

including Aleut civilians, and permanent resident aliens of

Aleutian and Pribilof Islands, as well as recommend appropriate

remedies for such actions, and further provided for establishment

of Commission as well as powers, administrative procedures,

appropriations, and termination of Commission 90 days after

submission of final report to Congress.

-End-

-CITE-

50 USC APPENDIX Sec. 1982 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1982. Time limitation on presentation of claims; claims

excluded

-STATUTE-

(a) The Attorney General shall receive claims for a period of

eighteen months from the date of the original enactment of this Act

[July 2, 1948]. All claims not presented within that time shall be

forever barred: Provided, however, That any claim received by the

Attorney General bearing a postmark prior to midnight, January 3,

1950, shall be considered to be timely filed within the said

eighteen months. Any claim, timely filed, may be amended at any

time prior to its final determination in order to include then

compensable items of claim which, by the provisions of this Act

[sections 1981 to 1987 of this Appendix] as they existed when the

claim was filed, the Attorney General was not authorized to

determine or consider.

(b) The Attorney General shall not consider any claim -

(1) by or on behalf of any person who after December 7, 1941,

was voluntarily or involuntarily deported from the United States

to Japan or by and on behalf of any alien who on December 7,

1941, was not actually residing in the United States;

(2) Except (!1) as provided in section 1(b)(3) [section

1981(b)(3) of this Appendix], for damage or loss arising out of

action taken by any Federal agency pursuant to sections 4067,

4068, 4069, and 4070 (relating to alien enemies) of the Revised

Statutes, as amended (50 U.S.C. 21 to 24), or pursuant to the

Trading With the Enemy Act, as amended (50 U.S.C. App., and

Supp., 1-31, 616);

(3) for damage or loss to any property, or interest therein,

vested in the United States pursuant to said Trading With the

Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix];

(4) for damage or loss on account of death or personal injury,

personal inconvenience, physical hardship, or mental suffering;

and

(5) for loss of anticipated profits or loss of anticipated

earnings.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 2, 62 Stat. 1231; July 9, 1956, ch.

531, 70 Stat. 514.)

-MISC1-

AMENDMENTS

1956 - Subsec. (a). Act July 9, 1956, validated claims received

by the Attorney General bearing a postmark prior to midnight, Jan.

3, 1950, and permitted amendment of claims timely filed.

Subsec. (b)(2). Act July 9, 1956, amended par. (2) generally,

inserting at beginning "Except as provided in section 1(b)(3),".

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

50 USC APPENDIX Sec. 1983 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1983. Notice; evidence; records

-STATUTE-

(a) The Attorney General shall give reasonable notice to the

interested parties and an opportunity for them to present evidence

before making a final determination upon any claim.

(b) For the purpose of any investigation authorized under this

Act [sections 1981 to 1987 of this Appendix], the provisions of

sections 9 and 10 (relating to examination of documentary evidence,

attendance of witnesses, and production of books, papers, and

documents) of the Federal Trade Commission Act of September 26,

1914, as amended (15 U.S.C. 49, 50), are made applicable to the

jurisdiction, powers, and duties of the Attorney General. Subpenas

may be served personally, by registered mail, by telegraph, or by

leaving a copy thereof at the residence or principal place of

business of the person required to be served. A verified return by

the individual so serving the same, setting forth the manner of

service, shall be proof of service. The United States marshals or

their deputies shall serve such process in their respective

districts.

(c) A record shall be kept of all proceedings under this Act

[sections 1981 to 1987 of this Appendix] and shall be open to

public inspection.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 3, 62 Stat. 1231; July 9, 1956, ch.

531, 70 Stat. 515.)

-MISC1-

AMENDMENTS

1956 - Subsec. (a). Act July 9, 1956, struck out provisions

permitting interested parties to be heard.

Subsec. (b). Act July 9, 1956, struck out provisions relating to

hearings.

Subsec. (c). Act July 9, 1956, struck out provisions relating to

hearings and substituted "records" for "written record".

-End-

-CITE-

50 USC APPENDIX Sec. 1984 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1984. Compromise of claims by Attorney General; jurisdiction

of United States Court of Federal Claims to determine claims

timely filed; report to Congress; payment of awards; finality of

decisions

-STATUTE-

(a) The Attorney General is authorized to compromise and settle

and make an award in an amount not to exceed $100,000 on any claim

timely filed under this Act, as amended [sections 1981 to 1987 of

this Appendix], on the basis of affidavits, available Government

records, and other information satisfactory to him.

(b) The United States Court of Federal Claims shall have

jurisdiction to determine any claim timely filed under this Act

[sections 1981 to 1987 of this Appendix]. A petition for the

determination of a claim by the United States Court of Federal

Claims shall be filed with the clerk of the said court and a copy

of the petition shall be served upon the Attorney General by

registered mail. Such a petition may be filed at any time after

enactment of this subsection except that it must be filed within

ninety days after the date of a notice by the Attorney General

served on the claimant by registered mail that no further

consideration will be given to the compromise of the claim. Upon

the timely filing and serving of such petition, the United States

Court of Federal Claims shall have jurisdiction to hear and

determine said claim in the same manner and under the same rules as

any other cause properly before it and applying rules of equity and

justice. Upon being served with a copy of such petition, the

Attorney General shall forthwith certify and transmit to the clerk

of the United States Court of Federal Claims the original statement

of the claim and any requested amendments thereto for filing with

the said clerk as a preliminary record in the case.

(c) On the first day of each regular session of Congress the

Attorney General shall transmit to Congress a full and complete

statement of all compromise settlements effected by the Attorney

General under this Act, as amended [sections 1981 to 1987 of this

Appendix], during the previous year, stating the name and address

of each claimant, the amount claimed, and the amount awarded. All

awards shall be paid in like manner as are final judgments of the

United States Court of Federal Claims.

(d) Except as herein provided, the payment of an award shall be

final and conclusive for all purposes, notwithstanding any other

provision of law to the contrary, and shall be a full discharge of

the United States and all of its officers, agents, servants, and

employees with respect to all claims arising out of the same

subject matter.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 4, 62 Stat. 1232; Aug. 17, 1951, ch.

327, Sec. 1, 65 Stat. 192; July 9, 1956, ch. 531, 70 Stat. 514;

Pub. L. 97-164, title I, Sec. 160(a)(19), Apr. 2, 1982, 96 Stat.

48; Pub. L. 98-620, title IV, Sec. 402(55), Nov. 8, 1984, 98 Stat.

3361; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106

Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

Any time after enactment of this subsection, referred to in

subsec. (b), probably means any time after July 9, 1956, which was

the date of enactment of the 1956 amendment of subsec. (b).

-MISC1-

AMENDMENTS

1992 - Subsecs. (b), (c). Pub. L. 102-572 substituted "United

States Court of Federal Claims" for "United States Claims Court"

wherever appearing.

1984 - Subsec. (b). Pub. L. 98-620 struck out provisions that

required that such petitions be treated for docketing, hearing and

determination, to the fullest practicable extent, as if the

petition had been filed with the United States Claims Court on the

date the original claim was received by the Attorney General, but

that no such petition would have precedence over petitions

involving interest-bearing obligations of the United States.

1982 - Subsecs. (b), (c). Pub. L. 97-164 substituted "United

States Claims Court" for "Court of Claims" wherever appearing.

1956 - Subsec. (a). Act July 9, 1956, substituted provisions

permitting the Attorney General to compromise and settle and make

an award in an amount not to exceed $100,000 for provisions which

required him to adjudicate, except as to compromised claims, all

claims filed, by award or order of dismissal, upon written findings

of fact and reasons for the decision.

Subsec. (b). Act July 9, 1956, substituted provisions granting

jurisdiction to the Court of Claims to determine timely claims for

provisions which authorized the Attorney General to make payment of

any award not exceeding $2,500 in amount.

Subsec. (c). Act July 9, 1956, required the Attorney General to

report on all compromise settlements effected during the previous

year.

Subsec. (d). Act July 9, 1956, inserted "Except as herein

provided", and struck out provisions which barred any further claim

against the United States where there is an order of dismissal

against a claimant, unless set aside by the Attorney General.

1951 - Subsec. (a). Act Aug. 17, 1951, inserted exception as to

claims compromised.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164 set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EXCLUSION FROM GROSS INCOME OF CERTAIN AWARDS MADE PURSUANT TO

EVACUATION CLAIMS OF JAPANESE-AMERICAN PERSONS

Pub. L. 87-834, Sec. 27, Oct. 16, 1962, 76 Stat. 1067, as amended

by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided

that:

"(a) In General. - No amount received as an award under the Act

entitled 'An Act to authorize the Attorney General to adjudicate

certain claims resulting from evacuation of certain persons of

Japanese ancestry under military orders', approved July 2, 1948, as

amended by Public Law 116, Eighty-second Congress, and Public Law

673, Eighty-fourth Congress (50 U.S.C. App., secs. 1981-1987),

shall be included in gross income for purposes of chapter 1 of the

Internal Revenue Code of 1939 or chapter 1 of the Internal Revenue

Code of 1986 [formerly I.R.C. 1954].

"(b) Effective Date, etc. - Subsection (a) shall apply with

respect to taxable years ending after July 2, 1948. If refund or

credit of any overpayment of Federal income tax resulting from the

application of subsection (a) (including interest, additions to the

tax, additional amounts, and penalties) is prevented on the date of

the enactment of this Act [Oct. 16, 1962], or within one year from

such date, by the operation of any law or rule of law, the refund

or credit of such overpayment may nevertheless be made or allowed

if claim therefor is filed within one year after the date of

enactment of this Act [Oct. 16, 1962]. In the case of a claim to

which the preceding sentence applies, the amount to be refunded or

credited as an overpayment shall not be diminished by any credit or

setoff based upon any item other than the amount of the award

referred to in subsection (a). No interest shall be allowed or paid

on any overpayment resulting from the application of this section."

-End-

-CITE-

50 USC APPENDIX Sec. 1985 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1985. Attorney's fees; penalty for overcharging

-STATUTE-

The Attorney General, in rendering an award in favor of any

claimant, may as a part of the award determine and allow reasonable

attorneys' fees, which shall not exceed 10 per centum of the amount

allowed, to be paid out of, but not in addition to, the amount of

such award.

Any attorney who charges, demands, receives, or collects for

services rendered in connection with such claim any amount in

excess of that allowed under this section, if recovery be had,

shall be guilty of a misdemeanor, and shall upon conviction thereof

be subject to a fine of not more than $2,000, or imprisonment for

not more than one year, or both.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 5, 62 Stat. 1232.)

-End-

-CITE-

50 USC APPENDIX Sec. 1986 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1986. Administration

-STATUTE-

For the purposes of this Act [sections 1981 to 1987 of this

Appendix] the Attorney General may -

(a) appoint a clerk and such attorneys, examiners,

interpreters, appraisers, and other employees as may be

necessary;

(b) call upon any Federal department or agency for any

information or records necessary;

(c) secure the cooperation of State and local agencies,

governmental or otherwise, and reimburse such agencies for

services rendered;

(d) utilize such voluntary and uncompensated services as may

from time to time be needed and available;

(e) assist needy claimants in the preparation and filing of

claims;

(f) make such investigations as may be necessary;

(g) make expenditures for witness fees and mileage and for

other administrative expenses;

(h) prescribe such rules and regulations, perform such acts not

inconsistent with law, and delegate such authority as he may deem

proper in carrying out the provisions of this Act [sections 1981

to 1987 of this Appendix].

-SOURCE-

(July 2, 1948, ch. 814, Sec. 6, 62 Stat. 1232.)

-End-

-CITE-

50 USC APPENDIX Sec. 1987 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

AMERICAN-JAPANESE EVACUATION CLAIMS

ACT JULY 2, 1948, CH. 814, 62 STAT. 1231

-HEAD-

Sec. 1987. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated for the purposes

of this Act [sections 1981 to 1987 of this Appendix] such sums as

Congress may from time to time determine to be necessary.

-SOURCE-

(July 2, 1948, ch. 814, Sec. 7, 62 Stat. 1233; Aug. 17, 1951, ch.

327, Sec. 2, 65 Stat. 192; July 9, 1956, ch. 531, 70 Stat. 515.)

-MISC1-

AMENDMENTS

1956 - Act July 9, 1956, struck out provisions which made funds

available for payment of settlement awards.

1951 - Act Aug. 17, 1951, inserted provisions giving the Attorney

General authority to effect compromise settlement of certain

claims, not to exceed $2,500 in amount with respect to each such

claim.

-End-

-CITE-

50 USC APPENDIX RESTITUTION FOR WORLD WAR II

INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

-HEAD-

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

-End-

-CITE-

50 USC APPENDIX PUB. L. 100-383, AUG. 10, 1988,

102 STAT. 903 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

-HEAD-

PUB. L. 100-383, AUG. 10, 1988, 102 STAT. 903

-MISC1-

Sec.

1989. Purposes.

1989a. Statement of the Congress.

(a) With regard to individuals of Japanese

ancestry.

(b) With respect to the Aleuts.

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

1989b. Short title.

1989b-1. Remedies with respect to criminal convictions.

(a) Review of convictions.

(b) Recommendations for pardons.

(c) Action by the President.

1989b-2. Consideration of Commission findings by departments

and agencies.

(a) Review of applications by eligible individuals.

(b) No new authority created.

1989b-3. Trust Fund.

(a) Establishment.

(b) Investment of amounts in the Fund.

(c) Uses of the Fund.

(d) Termination.

(e) Authorization of appropriations.

1989b-4. Restitution.

(a) Location and payment of eligible individuals.

(b) Order of payments.

(c) Resources for locating eligible individuals.

(d) Administrative costs not paid from the Fund.

(e) Termination of duties of Attorney General.

(f) Clarification of treatment of payments under

other laws.

(g) Liability of United States limited to amount in

Fund.

(h) Judicial review.

1989b-5. Board of Directors of the Fund.

(a) Establishment.

(b) Uses of the Fund.

(c) Membership.

(d) Director and staff.

(e) Administrative support services.

(f) Gifts and donations.

(g) Annual reports.

(h) Termination.

1989b-6. Documents relating to the internment.

(a) Preservation of documents in National Archives.

(b) Public availability of certain records of the

House of Representatives.

1989b-7. Definitions.

1989b-8. Compliance with Budget Act.

1989b-9. Entitlements to eligible individuals.

(a) In general.

(b) Payments from discretionary appropriations.

(c) Definitions.

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

1989c. Short title.

1989c-1. Definitions.

1989c-2. Aleutian and Pribilof Islands Restitution Fund.

(a) Establishment.

(b) Report.

(c) Investment.

(d) Termination.

1989c-3. Appointment of Administrator.

1989c-4. Compensation for community losses.

(a) In general.

(b) Trust.

(c) Accounts for benefit of Aleuts.

(d) Compensation for damaged or destroyed church

property.

(c) Administrative and legal expenses.

1989c-5. Individual compensation of eligible Aleuts.

(a) Payments to eligible Aleuts.

(b) Assistance of Attorney General.

(c) Assistance of Administrator.

(d) Clarification of treatment of payments under

other laws.

(e) Payment in full settlement of claims against

United States.

(f) Authorization of appropriations.

1989c-6. Attu Island restitution program.

(a) Purpose of section.

(b) Acreage determination.

(c) Valuation.

(d) In lieu compensation payment.

(e) Village site conveyance.

(f) Authorization of appropriations.

1989c-7. Compliance with Budget Act.

1989c-8. Severability.

TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES

1989d. Exclusion of claims.

-End-

-CITE-

50 USC APPENDIX Sec. 1989 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

-HEAD-

Sec. 1989. Purposes

-STATUTE-

The purposes of this Act [sections 1989 to 1989d of this

Appendix] are to -

(1) acknowledge the fundamental injustice of the evacuation,

relocation, and internment of United States citizens and

permanent resident aliens of Japanese ancestry during World War

II;

(2) apologize on behalf of the people of the United States for

the evacuation, relocation, and internment of such citizens and

permanent resident aliens;

(3) provide for a public education fund to finance efforts to

inform the public about the internment of such individuals so as

to prevent the recurrence of any similar event;

(4) make restitution to those individuals of Japanese ancestry

who were interned;

(5) make restitution to Aleut residents of the Pribilof Islands

and the Aleutian Islands west of Unimak Island, in settlement of

United States obligations in equity and at law, for -

(A) injustices suffered and unreasonable hardships endured

while those Aleut residents were under United States control

during World War II;

(B) personal property taken or destroyed by United States

forces during World War II;

(C) community property, including community church property,

taken or destroyed by United States forces during World War II;

and

(D) traditional village lands on Attu Island not

rehabilitated after World War II for Aleut occupation or other

productive use;

(6) discourage the occurrence of similar injustices and

violations of civil liberties in the future; and

(7) make more credible and sincere any declaration of concern

by the United States over violations of human rights committed by

other nations.

-SOURCE-

(Pub. L. 100-383, Sec. 1, Aug. 10, 1988, 102 Stat. 903.)

-End-

-CITE-

50 USC APPENDIX Sec. 1989a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

-HEAD-

Sec. 1989a. Statement of the Congress

-STATUTE-

(a) With regard to individuals of Japanese ancestry

The Congress recognizes that, as described by the Commission on

Wartime Relocation and Internment of Civilians, a grave injustice

was done to both citizens and permanent resident aliens of Japanese

ancestry by the evacuation, relocation, and internment of civilians

during World War II. As the Commission documents, these actions

were carried out without adequate security reasons and without any

acts of espionage or sabotage documented by the Commission, and

were motivated largely by racial prejudice, wartime hysteria, and a

failure of political leadership. The excluded individuals of

Japanese ancestry suffered enormous damages, both material and

intangible, and there were incalculable losses in education and job

training, all of which resulted in significant human suffering for

which appropriate compensation has not been made. For these

fundamental violations of the basic civil liberties and

constitutional rights of these individuals of Japanese ancestry,

the Congress apologizes on behalf of the Nation.

(b) With respect to the Aleuts

The Congress recognizes that, as described by the Commission on

Wartime Relocation and Internment of Civilians, the Aleut civilian

residents of the Pribilof Islands and the Aleutian Islands west of

Unimak Island were relocated during World War II to temporary camps

in isolated regions of southeast Alaska where they remained, under

United States control and in the care of the United States, until

long after any potential danger to their home villages had passed.

The United States failed to provide reasonable care for the Aleuts,

and this resulted in widespread illness, disease, and death among

the residents of the camps; and the United States further failed to

protect Aleut personal and community property while such property

was in its possession or under its control. The United States has

not compensated the Aleuts adequately for the conversion or

destruction of personal property, and the conversion or destruction

of community property caused by the United States military

occupation of Aleut villages during World War II. There is no

remedy for injustices suffered by the Aleuts during World War II

except an Act of Congress providing appropriate compensation for

those losses which are attributable to the conduct of United States

forces and other officials and employees of the United States.

-SOURCE-

(Pub. L. 100-383, Sec. 2, Aug. 10, 1988, 102 Stat. 903.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989b-1, 1989b-2 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE I - UNITED STATES CITIZENS

OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-End-

-CITE-

50 USC APPENDIX Sec. 1989b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b. Short title

-STATUTE-

This title [sections 1989b to 1989b-9 of this Appendix] may be

cited as the "Civil Liberties Act of 1988".

-SOURCE-

(Pub. L. 100-383, title I, Sec. 101, Aug. 10, 1988, 102 Stat. 904.)

-MISC1-

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-371, Sec. 1, Sept. 27, 1992, 106 Stat. 1167, provided

that: "This Act [amending sections 1989b-3, 1989b-4, 1989b-7, and

1989b-9 of this Appendix and enacting provisions set out as a note

under section 1989b-4 of this Appendix] may be cited as the 'Civil

Liberties Act Amendments of 1992'."

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-1 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-1. Remedies with respect to criminal convictions

-STATUTE-

(a) Review of convictions

The Attorney General is requested to review any case in which an

individual living on the date of the enactment of this Act [Aug.

10, 1988] was, while a United States citizen or permanent resident

alien of Japanese ancestry, convicted of a violation of -

(1) Executive Order Numbered 9066, dated February 19, 1942;

(2) the Act entitled "An Act to provide a penalty for violation

of restrictions or orders with respect to persons entering,

remaining in, leaving, or committing any act in military areas or

zones", approved March 21, 1942 (56 Stat. 173); or

(3) any other Executive order, Presidential proclamation, law

of the United States, directive of the Armed Forces of the United

States, or other action taken by or on behalf of the United

States or its agents, representatives, officers, or employees,

respecting the evacuation, relocation, or internment of

individuals solely on the basis of Japanese ancestry;

on account of the refusal by such individual, during the

evacuation, relocation, and internment period, to accept treatment

which discriminated against the individual on the basis of the

individual's Japanese ancestry.

(b) Recommendations for pardons

Based upon any review under subsection (a), the Attorney General

is requested to recommend to the President for pardon consideration

those convictions which the Attorney General considers appropriate.

(c) Action by the President

In consideration of the statement of the Congress set forth in

section 2(a) [section 1989a(a) of this Appendix], the President is

requested to offer pardons to any individuals recommended by the

Attorney General under subsection (b).

-SOURCE-

(Pub. L. 100-383, title I, Sec. 102, Aug. 10, 1988, 102 Stat. 904.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order Numbered 9066, dated February 19, 1942, referred

to in subsec. (a)(1), is not classified to the Code.

The Act entitled "An Act to provide a penalty for violation of

restrictions or orders with respect to persons entering, remaining

in, leaving, or committing any act in military areas or zones",

approved March 21, 1942 (56 Stat. 173), referred to in subsec.

(a)(2), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which was

classified to section 97a of former Title 18, Criminal Code and

Criminal Procedure, and was repealed by act of June 25, 1948, ch.

645, Sec. 21, 62 Stat. 868 and reenacted as section 1383 of Title

18, Crimes and Criminal Procedure. Section 1383 of Title 18 was

repealed by Pub. L. 94-412, title V, Sec. 501(e), Sept. 14, 1976,

90 Stat. 1258.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-2 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-2. Consideration of Commission findings by departments

and agencies

-STATUTE-

(a) Review of applications by eligible individuals

Each department and agency of the United States Government shall

review with liberality, giving full consideration to the findings

of the Commission and the statement of the Congress set forth in

section 2(a) [section 1989a(a) of this Appendix], any application

by an eligible individual for the restitution of any position,

status, or entitlement lost in whole or in part because of any

discriminatory act of the United States Government against such

individual which was based upon the individual's Japanese ancestry

and which occurred during the evacuation, relocation, and

internment period.

(b) No new authority created

Subsection (a) does not create any authority to grant restitution

described in that subsection, or establish any eligibility to apply

for such restitution.

-SOURCE-

(Pub. L. 100-383, title I, Sec. 103, Aug. 10, 1988, 102 Stat. 905.)

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-3 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-3. Trust Fund

-STATUTE-

(a) Establishment

There is established in the Treasury of the United States the

Civil Liberties Public Education Fund, which shall be administered

by the Secretary of the Treasury.

(b) Investment of amounts in the Fund

Amounts in the Fund shall be invested in accordance with section

9702 of title 31, United States Code.

(c) Uses of the Fund

Amounts in the Fund shall be available only for disbursement by

the Attorney General under section 105 [section 1989b-4 of this

Appendix] and by the Board under section 106 [section 1989b-5 of

this Appendix].

(d) Termination

The Fund shall terminate not later than the earlier of the date

on which an amount has been expended from the Fund which is equal

to the amount authorized to be appropriated to the Fund by

subsection (e), and any income earned on such amount, or 10 years

after the date of the enactment of this Act [Aug. 10, 1988]. If all

of the amounts in the Fund have not been expended by the end of

that 10-year period, investments of amounts in the Fund shall be

liquidated and receipts thereof deposited in the Fund and all funds

remaining in the Fund shall be deposited in the miscellaneous

receipts account in the Treasury.

(e) Authorization of appropriations

There are authorized to be appropriated to the Fund

$1,650,000,000, of which not more than $500,000,000 may be

appropriated for any fiscal year. Any amounts appropriated pursuant

to this section are authorized to remain available until expended.

-SOURCE-

(Pub. L. 100-383, title I, Sec. 104, Aug. 10, 1988, 102 Stat. 905;

Pub. L. 102-371, Sec. 2, Sept. 27, 1992, 106 Stat. 1167.)

-MISC1-

AMENDMENTS

1992 - Subsec. (e). Pub. L. 102-371 substituted "$1,650,000,000"

for "$1,250,000,000".

MAXIMUM AMOUNT AUTHORIZED FOR FUND

Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 996, provided

that: "Subject to the provisions of section 104(e) of the Civil

Liberties Act of 1988 (Public Law 100-383; 50 U.S.C. App.

1989(b-3(e)) [subsec. (e) of this section], the maximum amount

authorized under such section for any fiscal year is appropriated,

from money in the Treasury not otherwise appropriated, for each

fiscal year beginning on or after October 1, 1990, to the Civil

Liberties Public Education Fund established by section 104(a) of

the Civil Liberties Act of 1988, for payments to eligible

individuals under section 105 of that Act [50 App. U.S.C.

1989b-4]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989b-7, 1989b-9 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-4 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-4. Restitution

-STATUTE-

(a) Location and payment of eligible individuals

(1) In general

Subject to paragraph (7), the Attorney General shall, subject

to the availability of funds appropriated to the Fund for such

purpose, pay out of the Fund to each eligible individual the sum

of $20,000, unless such individual refuses, in the manner

described in paragraph (5), to accept the payment.

(2) Location of eligible individuals

The Attorney General shall identify and locate, without

requiring any application for payment and using records already

in the possession of the United States Government, each eligible

individual. The Attorney General should use funds and resources

available to the Attorney General, including those described in

subsection (c), to attempt to complete such identification and

location within 12 months after the date of the enactment of this

Act [Aug. 10, 1988]. Any eligible individual may notify the

Attorney General that such individual is an eligible individual,

and may provide documentation therefor. The Attorney General

shall designate an officer or employee to whom such notification

and documentation may be sent, shall maintain a list of all

individuals who submit such notification and documentation, and

shall, subject to the availability of funds appropriated for such

purpose, encourage, through a public awareness campaign, each

eligible individual to submit his or her current address to such

officer or employee. To the extent that resources referred to in

the second sentence of this paragraph are not sufficient to

complete the identification and location of all eligible

individuals, there are authorized to be appropriated such sums as

may be necessary for such purpose. In any case, the

identification and location of all eligible individuals shall be

completed within 12 months after the appropriation of funds under

the preceding sentence. Failure to be identified and located by

the end of the 12-month period specified in the preceding

sentence shall not preclude an eligible individual from receiving

payment under this section.

(3) Benefit of the doubt

When, after consideration of all evidence and relevant material

for determining whether an individual is an eligible individual,

there is an approximate balance of positive and negative evidence

regarding the merits of an issue material to the determination of

eligibility, the benefit of the doubt in resolving each such

issue shall be given to such individual.

(4) Notice from the Attorney General

The Attorney General shall, when funds are appropriated to the

Fund for payments to an eligible individual under this section,

notify that eligible individual in writing of his or her

eligibility for payment under this section. Such notice shall

inform the eligible individual that -

(A) acceptance of payment under this section shall be in full

satisfaction of all claims against the United States arising

out of acts described in section 108(2)(B) [section

1989b-7(2)(B) of this Appendix], and

(B) each eligible individual who does not refuse, in the

manner described in paragraph (5), to accept payment under this

section within 18 months after receiving such written notice

shall be deemed to have accepted payment for purposes of

paragraph (6).

(5) Effect of refusal to accept payment

If an eligible individual refuses, in a written document filed

with the Attorney General, to accept any payment under this

section, the amount of such payment shall remain in the Fund and

no payment may be made under this section to such individual at

any time after such refusal.

(6) Payment in full settlement of claims against the United

States

The acceptance of payment by an eligible individual under this

section shall be in full satisfaction of all claims against the

United States arising out of acts described in section 108(2)(B)

[section 1989b-7(2)(B) of this Appendix]. This paragraph shall

apply to any eligible individual who does not refuse, in the

manner described in paragraph (5), to accept payment under this

section within 18 months after receiving the notification from

the Attorney General referred to in paragraph (4).

(7) Exclusion of certain individuals

No payment may be made under this section to any individual

who, after September 1, 1987, accepts payment pursuant to an

award of a final judgment or a settlement on a claim against the

United States for acts described in section 108(2)(B) [section

1989b-7(2)(B) of this Appendix], or to any surviving spouse,

child, or parent of such individual to whom paragraph (8)

applies.

(8) Payments in the case of deceased persons

(A) In the case of an eligible individual who is deceased at

the time of payment under this section, such payment shall be

made only as follows:

(i) If the eligible individual is survived by a spouse who is

living at the time of payment, such payment shall be made to

such surviving spouse.

(ii) If there is no surviving spouse described in clause (i),

such payment shall be made in equal shares to all children of

the eligible individual who are living at the time of payment.

(iii) If there is no surviving spouse described in clause (i)

and if there are no children described in clause (ii), such

payment shall be made in equal shares to the parents of the

eligible individual who are living at the time of payment.

If there is no surviving spouse, children, or parents described

in clauses (i), (ii), and (iii), the amount of such payment shall

remain in the Fund, and may be used only for the purposes set

forth in section 106(b) [section 1989b-5(b) of this Appendix].

(B) After the death of an eligible individual, this subsection

and subsections (c) and (f) shall apply to the individual or

individuals specified in subparagraph (A) to whom payment under

this section will be made, to the same extent as such subsections

apply to the eligible individual.

(C) For purposes of this paragraph -

(i) the "spouse" of an eligible individual means a wife or

husband of an eligible individual who was married to that

eligible individual for at least 1 year immediately before the

death of the eligible individual;

(ii) a "child" of an eligible individual includes a

recognized natural child, a stepchild who lived with the

eligible individual in a regular parent-child relationship, and

an adopted child; and

(iii) a "parent" of an eligible individual includes fathers

and mothers through adoption.

(b) Order of payments

The Attorney General shall endeavor to make payments under this

section to eligible individuals in the order of date of birth (with

the oldest individual on the date of the enactment of this Act

[Aug. 10, 1988] (or, if applicable, that individual's survivors

under paragraph (8)) receiving full payment first), until all

eligible individuals have received payment in full.

(c) Resources for locating eligible individuals

In attempting to locate any eligible individual, the Attorney

General may use any facility or resource of any public or nonprofit

organization or any other record, document, or information that may

be made available to the Attorney General.

(d) Administrative costs not paid from the Fund

No costs incurred by the Attorney General in carrying out this

section shall be paid from the Fund or set off against, or

otherwise deducted from, any payment under this section to any

eligible individual.

(e) Termination of duties of Attorney General

The duties of the Attorney General under this section shall cease

180 days after the Fund terminates.

(f) Clarification of treatment of payments under other laws

Amounts paid to an eligible individual under this section -

(1) shall be treated for purposes of the internal revenue laws

of the United States as damages for human suffering; and

(2) shall not be included as income or resources for purposes

of determining eligibility to receive benefits described in

section 3803(c)(2)(C) of title 31, United States Code (!1) or

available under any other law administered by the Secretary of

Veterans Affairs, or for purposes of determining the amount of

such benefits.

(g) Liability of United States limited to amount in Fund

(1) General rule

An eligible individual may be paid under this section only from

amounts in the Fund.

(2) Coordination with other provisions

Nothing in this title [sections 1989b to 1989b-9 of this

Appendix] shall authorize the payment to an eligible individual

by the United States Government of any amount authorized by this

section from any source other than the Fund.

(3) Order in which unpaid claims to be paid

If at any time the Fund has insufficient funds to pay all

eligible individuals at such time, such eligible individuals

shall, to the extent permitted under paragraph (1), be paid in

full in the order specified in subsection (b).

(h) Judicial review

(1) Review by the Court of Federal Claims

A claimant may seek judicial review of a denial of compensation

under this section solely in the United States Court of Federal

Claims, which shall review the denial upon the administrative

record and shall hold unlawful and set aside the denial if it is

found to be arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law.

(2) Applicability

This subsection shall apply only to any claim filed in court on

or after the date of the enactment of this subsection [Sept. 27,

1992].

-SOURCE-

(Pub. L. 100-383, title I, Sec. 105, Aug. 10, 1988, 102 Stat. 905;

Pub. L. 101-162, title II, Sec. 209(b), Nov. 21, 1989, 103 Stat.

1005; Pub. L. 102-371, Secs. 4-6(a), Sept. 27, 1992, 106 Stat.

1167, 1168; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-371, Sec. 4(c)(1)(A),

substituted "(7)" for "(6)" and "(5)" for "(4)".

Subsec. (a)(3). Pub. L. 102-371, Sec. 4(a)(2), added par. (3).

Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(B),

redesignated par. (3) as (4) and in subpar. (B) substituted "(5)"

for "(4)" and "(6)" for "(5)". Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 102-371, Sec. 4(a)(1), redesignated par.

(4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(C),

redesignated par. (5) as (6) and substituted "(5)" for "(4)" and

"(4)" for "(3)". Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(D),

redesignated par. (6) as (7) and substituted "(8)" for "(6)".

Former par. (7) redesignated (8).

Subsec. (a)(8). Pub. L. 102-371, Sec. 4(a)(1), redesignated par.

(7) as (8).

Subsec. (b). Pub. L. 102-371, Sec. 4(c)(2), substituted "(8)" for

"(6)".

Subsec. (e). Pub. L. 102-371, Sec. 5, substituted "180 days after

the Fund terminates" for "when the Fund terminates".

Subsec. (f)(2). Pub. L. 102-371, Sec. 6(a), substituted "or

available under any other law administered by the Secretary of

Veterans Affairs, or for purposes of determining the" for ", or

the".

Subsec. (h). Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court" in par. (1).

Pub. L. 102-371, Sec. 4(b), added subsec. (h).

1989 - Subsec. (g). Pub. L. 101-162 added subsec. (g).

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

Section 6(b) of Pub. L. 102-371 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

as of August 10, 1988."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989b-3, 1989b-9 of this

Appendix.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-5 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-5. Board of Directors of the Fund

-STATUTE-

(a) Establishment

There is established the Civil Liberties Public Education Fund

Board of Directors, which shall be responsible for making

disbursements from the Fund in the manner provided in this section.

(b) Uses of the Fund

The Board may make disbursements from the Fund only -

(1) to sponsor research and public educational activities, and

to publish and distribute the hearings, findings, and

recommendations of the Commission, so that the events surrounding

the evacuation, relocation, and internment of United States

citizens and permanent resident aliens of Japanese ancestry will

be remembered, and so that the causes and circumstances of this

and similar events may be illuminated and understood; and

(2) for reasonable administrative expenses of the Board,

including expenses incurred under subsections (c)(3), (d), and

(e).

(c) Membership

(1) Appointment

The Board shall be composed of 9 members appointed by the

President, by and with the advice and consent of the Senate, from

individuals who are not officers or employees of the United

States Government.

(2) Terms

(A) Except as provided in subparagraphs (B) and (C), members

shall be appointed for terms of 3 years.

(B) Of the members first appointed -

(i) 5 shall be appointed for terms of 3 years, and

(ii) 4 shall be appointed for terms of 2 years,

as designated by the President at the time of appointment.

(C) Any member appointed to fill a vacancy occurring before the

expiration of the term for which such member's predecessor was

appointed shall be appointed only for the remainder of such term.

A member may serve after the expiration of such member's term

until such member's successor has taken office. No individual may

be appointed as a member for more than 2 consecutive terms.

(3) Compensation

Members of the Board shall serve without pay, except that

members of the Board shall be entitled to reimbursement for

travel, subsistence, and other necessary expenses incurred by

them in carrying out the functions of the Board, in the same

manner as persons employed intermittently in the United States

Government are allowed expenses under section 5703 of title 5,

United States Code.

(4) Quorum

5 members of the Board shall constitute a quorum but a lesser

number may hold hearings.

(5) Chair

The Chair of the Board shall be elected by the members of the

Board.

(d) Director and staff

(1) Director

The Board shall have a Director who shall be appointed by the

Board.

(2) Additional staff

The Board may appoint and fix the pay of such additional staff

as it may require.

(3) Applicability of civil service laws

The Director and the additional staff of the Board may be

appointed without regard to section 5311(b) (!1) of title 5,

United States Code, and without regard to the provisions of such

title governing appointments in the competitive service, and may

be paid without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates, except that the

compensation of any employee of the Board may not exceed a rate

equivalent to the minimum rate of basic pay payable for GS-18 of

the General Schedule under section 5332(a) of such title.

(e) Administrative support services

The Administrator of General Services shall provide to the Board

on a reimbursable basis such administrative support services as the

Board may request.

(f) Gifts and donations

The Board may accept, use, and dispose of gifts or donations of

services or property for purposes authorized under subsection (b).

(g) Annual reports

Not later than 12 months after the first meeting of the Board and

every 12 months thereafter, the Board shall transmit to the

President and to each House of the Congress a report describing the

activities of the Board.

(h) Termination

90 days after the termination of the Fund, the Board shall

terminate and all obligations of the Board under this section shall

cease.

-SOURCE-

(Pub. L. 100-383, title I, Sec. 106, Aug. 10, 1988, 102 Stat. 908.)

-REFTEXT-

REFERENCES IN TEXT

Section 5311(b) of title 5, referred to in subsec. (d)(3), was

repealed by Pub. L. 101-509, title V, Sec. 529 [title I, Sec.

104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (d)(3), are classified

to section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989b-3, 1989b-4, 1989b-7

of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-6 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-6. Documents relating to the internment

-STATUTE-

(a) Preservation of documents in National Archives

All documents, personal testimony, and other records created or

received by the Commission during its inquiry shall be kept and

maintained by the Archivist of the United States who shall preserve

such documents, testimony, and records in the National Archives of

the United States. The Archivist shall make such documents,

testimony, and records available to the public for research

purposes.

(b) Public availability of certain records of the House of

Representatives

(1) The Clerk of the House of Representatives is authorized to

permit the Archivist of the United States to make available for use

records of the House not classified for national security purposes,

which have been in existence for not less than thirty years,

relating to the evacuation, relocation, and internment of

individuals during the evacuation, relocation, and internment

period.

(2) This subsection is enacted as an exercise of the rulemaking

power of the House of Representatives, but is applicable only with

respect to the availability of records to which it applies, and

supersedes other rules only to the extent that the time limitation

established by this section with respect to such records is

specifically inconsistent with such rules, and is enacted with full

recognition of the constitutional right of the House to change its

rules at any time, in the same manner and to the same extent as in

the case of any other rule of the House.

-SOURCE-

(Pub. L. 100-383, title I, Sec. 107, Aug. 10, 1988, 102 Stat. 909.)

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-7 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-7. Definitions

-STATUTE-

For the purposes of this title [sections 1989b to 1989b-9 of this

Appendix] -

(1) the term "evacuation, relocation, and internment period"

means that period beginning on December 7, 1941, and ending on

June 30, 1946;

(2) the term "eligible individual" means any individual of

Japanese ancestry, or the spouse or a parent of an individual of

Japanese ancestry, who is living on the date of the enactment of

this Act [Aug. 10, 1988] and who, during the evacuation,

relocation, and internment period -

(A) was a United States citizen or a permanent resident

alien; and

(B)(i) was confined, held in custody, relocated, or otherwise

deprived of liberty or property as a result of -

(I) Executive Order Numbered 9066, dated February 19, 1942;

(II) the Act entitled "An Act to provide a penalty for

violation of restrictions or orders with respect to persons

entering, remaining in, leaving, or committing any act in

military areas or zones", approved March 21, 1942 (56 Stat.

173); or

(III) any other Executive order, Presidential proclamation,

law of the United States, directive of the Armed Forces of

the United States, or other action taken by or on behalf of

the United States or its agents, representatives, officers,

or employees, respecting the evacuation, relocation, or

internment of individuals solely on the basis of Japanese

ancestry; or

(ii) was enrolled on the records of the United States

Government during the period beginning on December 7, 1941, and

ending on June 30, 1946, as being in a prohibited military

zone;

except that the term "eligible individual" does not include any

individual who, during the period beginning on December 7, 1941,

and ending on September 2, 1945, relocated to a country while the

United States was at war with that country;

(3) the term "permanent resident alien" means an alien lawfully

admitted into the United States for permanent residence;

(4) the term "Fund" means the Civil Liberties Public Education

Fund established in section 104 [section 1989b-3 of this

Appendix];

(5) the term "Board" means the Civil Liberties Public Education

Fund Board of Directors established in section 106 [section

1989b-5 of this Appendix]; and

(6) the term "Commission" means the Commission on Wartime

Relocation and Internment of Civilians, established by the

Commission on Wartime Relocation and Internment of Civilians Act

(Public Law 96-317; 50 U.S.C. App. 1981 note).

-SOURCE-

(Pub. L. 100-383, title I, Sec. 108, Aug. 10, 1988, 102 Stat. 910;

Pub. L. 102-371, Sec. 3, Sept. 27, 1992, 106 Stat. 1167.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order Numbered 9066, dated February 19, 1942, referred

to in par. (2)(B)(i)(I), is not classified to the Code.

The Act entitled "An Act to provide a penalty for violation of

restrictions or orders with respect to persons entering, remaining

in, leaving, or committing any act in military areas or zones",

approved March 21, 1942 (56 Stat. 173), referred to in par.

(2)(B)(i)(II), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which

was classified to section 97a of former Title 18, Criminal Code and

Criminal Procedure, and was repealed by act of June 25, 1948, ch.

645, Sec. 21, 62 Stat. 868 and reenacted as section 1383 of Title

18, Crimes and Criminal Procedure. Section 1383 of Title 18 was

repealed by Pub. L. 94-412, title V, Sec. 501(e), Sept. 14, 1976,

90 Stat. 1258.

-MISC1-

AMENDMENTS

1992 - Par. (2). Pub. L. 102-371 inserted ", or the spouse or a

parent of an individual of Japanese ancestry," after "Japanese

ancestry" in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989b-4 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-8 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-8. Compliance with Budget Act

-STATUTE-

No authority under this title [sections 1989b to 1989b-9 of this

Appendix] to enter into contracts or to make payments shall be

effective in any fiscal year except to such extent and in such

amounts as are provided in advance in appropriations Acts. In any

fiscal year, total benefits conferred by this title shall be

limited to an amount not in excess of the appropriations for such

fiscal year. Any provision of this title which, directly or

indirectly, authorizes the enactment of new budget authority shall

be effective only for fiscal year 1989 and thereafter.

-SOURCE-

(Pub. L. 100-383, title I, Sec. 109, Aug. 10, 1988, 102 Stat. 910.)

-REFTEXT-

REFERENCES IN TEXT

The Budget Act, referred to in section catchline, probably means

the Congressional Budget Act of 1974, titles I through IX of Pub.

L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 621 of Title 2, The Congress, and Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 1989b-9 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT

JAPANESE ALIENS

-HEAD-

Sec. 1989b-9. Entitlements to eligible individuals

-STATUTE-

(a) In general

Subject to sections 104(e) and 105(g) of this title [sections

1989b-3(e) and 1989b-4(g) of this Appendix] and except as provided

in subsection (b), beginning on October 1, 1990, the payments to be

made to any eligible individual under the provisions of this title

[sections 1989b to 1989b-9 of this Appendix] shall be an

entitlement.

(b) Payments from discretionary appropriations

(1) Payments

Any such payment made to an individual who is not of Japanese

ancestry and who is an eligible individual on the basis of the

amendment made by section 3 of the Civil Liberties Act Amendments

of 1992 shall not be an entitlement and shall be made from

discretionary appropriations.

(2) Authorization of appropriations

There are authorized to be appropriated for fiscal year 1993

and each subsequent fiscal year such sums as may be necessary for

the payments from discretionary appropriations described in

paragraph (1).

(c) Definitions

As used in this section -

(1) the term "discretionary appropriations" has the meaning

given that term in section 250(c)(7) of the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)); and

(2) the term "entitlement" means "spending authority" as

defined in section 401(c)(2)(C) of the Congressional Budget Act

of 1974 (2 U.S.C. 651(c)(2)(C)).

-SOURCE-

(Pub. L. 100-383, title I, Sec. 110, as added Pub. L. 101-162,

title II, Sec. 209(a), Nov. 21, 1989, 103 Stat. 1005; amended Pub.

L. 102-371, Sec. 7, Sept. 27, 1992, 106 Stat. 1168.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Civil Liberties Act Amendments of 1992, referred

to in subsec. (b)(1), is section 3 of Pub. L. 102-371, which

amended paragraph (2) of section 1989b-7 of this Appendix.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-371 designated existing provisions as subsec.

(a), inserted heading, inserted "and except as provided in

subsection (b)" after "105(g) of this title", struck out "As used

in this section, the term 'entitlement' means 'spending authority'

as defined in section 401(c)(2)(C) of the Congressional Budget Act

of 1974." after "shall be an entitlement.", and added subsecs. (b)

and (c).

-End-

-CITE-

50 USC APPENDIX TITLE II - ALEUTIAN AND PRIBILOF

ISLANDS RESTITUTION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-End-

-CITE-

50 USC APPENDIX Sec. 1989c 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c. Short title

-STATUTE-

This title [sections 1989c to 1989c-8 of this Appendix] may be

cited as the "Aleutian and Pribilof Islands Restitution Act".

-SOURCE-

(Pub. L. 100-383, title II, Sec. 201, Aug. 10, 1988, 102 Stat.

911.)

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-1 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-1. Definitions

-STATUTE-

As used in this title [sections 1989c to 1989c-8 of this

Appendix] -

(1) the term "Administrator" means the person appointed by the

Secretary under section 204 [section 1989c-3 of this Appendix];

(2) the term "affected Aleut villages" means the surviving

Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint

Paul, and Unalaska, and the Aleut village of Attu, Alaska;

(3) the term "Association" means the Aleutian/Pribilof Islands

Association, Inc., a nonprofit regional corporation established

for the benefit of the Aleut people and organized under the laws

of the State of Alaska;

(4) the term "Corporation" means the Aleut Corporation, a

for-profit regional corporation for the Aleut region organized

under the laws of the State of Alaska and established under

section 7 of the Alaska Native Claims Settlement Act (Public Law

92-203; 43 U.S.C. 1606);

(5) the term "eligible Aleut" means any Aleut living on the

date of the enactment of this Act [Aug. 10, 1988] -

(A) who, as a civilian, was relocated by authority of the

United States from his or her home village on the Pribilof

Islands or the Aleutian Islands west of Unimak Island to an

internment camp, or other temporary facility or location,

during World War II; or

(B) who was born while his or her natural mother was subject

to such relocation;

(6) the term "Secretary" means the Secretary of the Interior;

(7) the term "Fund" means the Aleutian and Pribilof Islands

Restitution Fund established in section 203 [section 1989c-2 of

this Appendix]; and

(8) the term "World War II" means the period beginning on

December 7, 1941, and ending on September 2, 1945.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 202, Aug. 10, 1988, 102 Stat.

911.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989c-5 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-2 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-2. Aleutian and Pribilof Islands Restitution Fund

-STATUTE-

(a) Establishment

There is established in the Treasury of the United States the

Aleutian and Pribilof Islands Restitution Fund, which shall be

administered by the Secretary. The Fund shall consist of amounts

appropriated to it pursuant to this title [sections 1989c to

1989c-8 of this Appendix].

(b) Report

The Secretary shall report to the Congress, not later than 60

days after the end of each fiscal year, on the financial condition

of the Fund, and the results of operations of the Fund, during the

preceding fiscal year and on the expected financial condition and

operations of the Fund during the current fiscal year.

(c) Investment

Amounts in the Fund shall be invested in accordance with section

9702 of title 31, United States Code.

(d) Termination

The Secretary shall terminate the Fund 3 years after the date of

the enactment of this Act [Aug. 10, 1988], or 1 year following

disbursement of all payments from the Fund, as authorized by this

title [sections 1989c to 1989c-8 of this Appendix], whichever

occurs later. On the date the Fund is terminated, all investments

of amounts in the Fund shall be liquidated by the Secretary and

receipts thereof deposited in the Fund and all funds remaining in

the Fund shall be deposited in the miscellaneous receipts account

in the Treasury.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 203, Aug. 10, 1988, 102 Stat.

911.)

-MISC1-

REESTABLISHMENT OF FUND; USE OF FUNDS

For provisions that the Fund, if terminated pursuant to subsec.

(d) of this section, is to be reestablished upon appropriation of

additional funds, and restricting use of appropriated funds, see

section 1(b), (c), of Pub. L. 103-402, set out as a note under

section 1989c-4 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989c-1, 1989c-7 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-3 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-3. Appointment of Administrator

-STATUTE-

As soon as practicable after the date of the enactment of this

Act [Aug. 10, 1986], the Secretary shall offer to undertake

negotiations with the Association, leading to the execution of an

agreement with the Association to serve as Administrator under this

title [sections 1989c to 1989c-8 of this Appendix]. The Secretary

may appoint the Association as Administrator if such agreement is

reached within 90 days after the date of the enactment of this

title. If no such agreement is reached within such period, the

Secretary shall appoint another person as Administrator under this

title, after consultation with leaders of affected Aleut villages

and the Corporation.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 204, Aug. 10, 1988, 102 Stat.

912.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989c-1 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-4 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-4. Compensation for community losses

-STATUTE-

(a) In general

Subject to the availability of funds appropriated to the Fund,

the Secretary shall make payments from the Fund, in accordance with

this section, as restitution for certain Aleut losses sustained in

World War II.

(b) Trust

(1) Establishment

The Secretary shall, subject to the availability of funds

appropriated for this purpose, establish a trust for the purposes

set forth in this section. Such trust shall be established

pursuant to the laws of the State of Alaska, and shall be

maintained and operated by not more than seven trustees, as

designated by the Secretary. Each affected Aleut village may

submit to the Administrator a list of three prospective trustees.

The Secretary, after consultation with the Administrator,

affected Aleut villages, and the Corporation, shall designate not

more than seven trustees from such lists as submitted.

(2) Administration of trust

The trust established under this subsection shall be

administered in a manner that is consistent with the laws of the

State of Alaska, and as prescribed by the Secretary, after

consultation with representatives of eligible Aleuts, the

residents of affected Aleut villages, and the Administrator.

(c) (!1) Accounts for benefit of Aleuts

(1) In general

The Secretary shall deposit in the trust such sums as may be

appropriated for the purposes set forth in this subsection. The

trustees shall maintain and operate 8 independent and separate

accounts in the trust for purposes of this subsection, as

follows:

(A) One account for the independent benefit of the wartime

Aleut residents of Attu and their descendants.

(B) Six accounts for the benefit of the 6 surviving affected

Aleut villages, one each for the independent benefit of Akutan,

Atka, Nikolski, Saint George, Saint Paul, and Unalaska,

respectively.

(C) One account for the independent benefit of those Aleuts

who, as determined by the Secretary, upon the advice of the

trustees, are deserving but will not benefit directly from the

accounts established under subparagraphs (A) and (B).

The trustees shall credit to the account described in

subparagraph (C) an amount equal to 5 percent of the principal

amount deposited by the Secretary in the trust under this

subsection. Of the remaining principal amount, an amount shall be

credited to each account described in subparagraphs (A) and (B)

which bears the same proportion to such remaining principal

amount as the Aleut civilian population, as of June 1, 1942, of

the village with respect to which such account is established

bears to the total civilian Aleut population on such date of all

affected Aleut villages.

(2) Uses of accounts

The trustees may use the principal, accrued interest, and other

earnings of the accounts maintained under paragraph (1) for -

(A) the benefit of elderly, disabled, or seriously ill

persons on the basis of special need;

(B) the benefit of students in need of scholarship

assistance;

(C) the preservation of Aleut cultural heritage and

historical records;

(D) the improvement of community centers in affected Aleut

villages; and

(E) other purposes to improve the condition of Aleut life, as

determined by the trustees.

(3) Authorization of appropriations

There are authorized to be appropriated $5,000,000 to the Fund

to carry out this subsection.

(d) Compensation for damaged or destroyed church property

(1) Inventory and assessment of property

The Administrator shall make an inventory and assessment of

real and personal church property of affected Aleut villages

which was damaged or destroyed during World War II. In making

such inventory and assessment, the Administrator shall consult

with the trustees of the trust established under subsection (b),

residents of affected Aleut villages, affected church members and

leaders, and the clergy of the churches involved. Within 1 year

after the date of the enactment of this Act [Aug. 10, 1988], the

Administrator shall submit such inventory and assessment,

together with an estimate of the present replacement value of

lost or destroyed furnishings and artifacts, to the Secretary.

(2) Review by the Secretary; deposit in the trust

The Secretary shall review the inventory and assessment

provided under paragraph (1), and shall deposit in the trust

established under subsection (b) an amount reasonably calculated

by the Secretary to compensate affected Aleut villages for church

property lost, damaged, or destroyed during World War II.

(3) Distribution of compensation

The trustees shall distribute the amount deposited in the trust

under paragraph (2) for the benefit of the churches referred to

in this subsection.

(4) Authorization of appropriations

There are authorized to be appropriated to the Fund $4,700,000

to carry out this subsection.

(c) (!1) Administrative and legal expenses

(1) Reimbursement for expenses

The Secretary shall reimburse the Administrator, not less often

than annually, for reasonable and necessary administrative and

legal expenses in carrying out the Administrator's

responsibilities under this title [sections 1989c to 1989c-8 of

this Appendix].

(2) Authorization of appropriations

There are authorized to be appropriated to the Fund such sums

as are necessary to carry out this subsection.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 205, Aug. 10, 1988, 102 Stat. 912;

Pub. L. 103-402, Sec. 1(a), Oct. 22, 1994, 108 Stat. 4174.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(4). Pub. L. 103-402 substituted "$4,700,000"

for "$1,400,000".

REESTABLISHMENT OF FUND; USE OF FUNDS

Section 1(b), (c), of Pub. L. 103-402 provided that:

"(b) Fund. - If the Fund referred to in section 205(a) of the

Aleutian and Pribilof Islands Restitution Act (50 U.S.C. App.

1989c-4(a)) has been terminated pursuant to section 203(d) of such

Act (50 U.S.C. App. 1989c-2(d)), upon the appropriation of

additional funds pursuant to this Act, the Fund shall be

reestablished.

"(c) Use of Funds. - The funds appropriated pursuant to this Act

shall be used solely for the renovation, replacement, and

restoration of church property lost, damaged, or destroyed during

World War II."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1989c-5, 1989c-7 of this

Appendix.

-FOOTNOTE-

(!1) So in original. Two subsecs. (c) have been enacted.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-5 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-5. Individual compensation of eligible Aleuts

-STATUTE-

(a) Payments to eligible Aleuts

In addition to payments made under section 205 [section 1989c-4

of this Appendix], the Secretary shall, in accordance with this

section, make per capita payments out of the Fund to eligible

Aleuts. The Secretary shall pay, subject to the availability of

funds appropriated to the Fund for such payments, to each eligible

Aleut the sum of $12,000.

(b) Assistance of Attorney General

The Secretary may request the Attorney General to provide

reasonable assistance in locating eligible Aleuts residing outside

the affected Aleut villages, and upon such request, the Attorney

General shall provide such assistance. In so doing, the Attorney

General may use available facilities and resources of the

International Committee of the Red Cross and other organizations.

(c) Assistance of Administrator

The Secretary may request the assistance of the Administrator in

identifying and locating eligible Aleuts for purposes of this

section.

(d) Clarification of treatment of payments under other laws

Amounts paid to an eligible Aleut under this section -

(1) shall be treated for purposes of the internal revenue laws

of the United States as damages for human suffering, and

(2) shall not be included as income or resources for purposes

of determining eligibility to receive benefits described in

section 3803(c)(2)(C) of title 31, United States Code, or the

amount of such benefits.

(e) Payment in full settlement of claims against United States

The payment to an eligible Aleut under this section shall be in

full satisfaction of all claims against the United States arising

out of the relocation described in section 202(5) [section

1989c-1(5) of this Appendix].

(f) Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as

are necessary to carry out this section.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 206, Aug. 10, 1988, 102 Stat.

914.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989c-7 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-6 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-6. Attu Island restitution program

-STATUTE-

(a) Purpose of section

In accordance with section (3)(c) (!1) of the Wilderness Act (78

Stat. 892; 16 U.S.C. 1132(c)), the public lands on Attu Island,

Alaska, within the National Wildlife Refuge System have been

designated as wilderness by section 702(1) of the Alaska National

Interest Lands Conservation Act (94 Stat. 2417; 16 U.S.C. 1132

note). In order to make restitution for the loss of traditional

Aleut lands and village properties on Attu Island, while preserving

the present designation of Attu Island lands as part of the

National Wilderness Preservation System, compensation to the Aleut

people, in lieu of the conveyance of Attu Island, shall be provided

in accordance with this section.

(b) Acreage determination

Not later than 90 days after the date of the enactment of this

Act [Aug. 10, 1988], the Secretary shall, in accordance with this

subsection, determine the total acreage of land on Attu Island,

Alaska, that, at the beginning of World War II, was subject to

traditional use by the Aleut villagers of that island for

subsistence and other purposes. In making such acreage

determination, the Secretary shall establish a base acreage of not

less than 35,000 acres within that part of eastern Attu Island

traditionally used by the Aleut people, and shall, from the best

available information, including information that may be submitted

by representatives of the Aleut people, identify any such

additional acreage on Attu Island that was subject to such use. The

combination of such base acreage and such additional acreage shall

constitute the acreage determination upon which payment to the

Corporation under this section is based. The Secretary shall

promptly notify the Corporation of the results of the acreage

determination made under this subsection.

(c) Valuation

(1) Determination of value

Not later than 120 days after the date of the enactment of this

Act [Aug. 10, 1988], the Secretary shall determine the value of

the Attu Island acreage determined under subsection (b), except

that -

(A) such acreage may not be valued at less than $350 per acre

nor more than $500 per acre; and

(B) the total valuation of all such acreage may not exceed

$15,000,000.

(2) Factors in making determination

In determining the value of the acreage under paragraph (1),

the Secretary shall take into consideration such factors as the

Secretary considers appropriate, including -

(A) fair market value;

(B) environmental and public interest value; and

(C) established precedents for valuation of comparable

wilderness lands in the State of Alaska.

(3) Notification of determination; appeal

The Secretary shall promptly notify the Corporation of the

determination of value made under this subsection, and such

determination shall constitute the final determination of value

unless the Corporation, within 30 days after the determination is

made, appeals the determination to the Secretary. If such appeal

is made, the Secretary shall, within 30 days after the appeal is

made, review the determination in light of the appeal, and issue

a final determination of the value of that acreage determined to

be subject to traditional use under subsection (b).

(d) In lieu compensation payment

(1) Payment

The Secretary shall pay, subject to the availability of funds

appropriated for such purpose, to the Corporation, as

compensation for the Aleuts' loss of lands on Attu Island, the

full amount of the value of the acreage determined under

subsection (c), less the value (as determined under subsection

(c)) of any land conveyed under subsection (e).

(2) Payment in full settlement of claims against the United

States

The payment made under paragraph (1) shall be in full

satisfaction of any claim against the United States for the loss

of traditional Aleut lands and village properties on Attu Island.

(e) Village site conveyance

The Secretary may convey to the Corporation all right, title, and

interest of the United States to the surface estate of the

traditional Aleut village site on Attu Island, Alaska (consisting

of approximately 10 acres) and to the surface estate of a parcel of

land consisting of all land outside such village that is within 660

feet of any point on the boundary of such village. The conveyance

may be made under the authority contained in section 14(h)(1) of

the Alaska Native Claims Settlement Act (Public Law 92-203; 43

U.S.C. 1613(h)(1)), except that after the enactment of this Act

[Aug. 10, 1988], no site on Attu Island, Alaska, other than such

traditional Aleut village site and such parcel of land, may be

conveyed to the Corporation under such section 14(h)(1).

(f) Authorization of appropriations

There are authorized to be appropriated $15,000,000 to the

Secretary to carry out this section.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 207, Aug. 10, 1988, 102 Stat.

914.)

-REFTEXT-

REFERENCES IN TEXT

Section 702(1) of the Alaska National Interest Lands Conservation

Act, referred to in subsec. (a), is section 702(1) of Pub. L.

96-487, title VII, Dec. 2, 1980, 94 Stat. 2417, which is included

in the listing of wilderness areas set out as a note under section

1132 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989c-7 of this Appendix.

-FOOTNOTE-

(!1) So in original. Probably should be section "3(c)".

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-7 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-7. Compliance with Budget Act

-STATUTE-

No authority under this title [sections 1989c to 1989c-8 of this

Appendix] to enter into contracts or to make payments shall be

effective in any fiscal year except to such extent and in such

amounts as are provided in advance in appropriations Acts. In any

fiscal year, the Secretary, with respect to -

(1) the Fund established under section 203 [section 1989c-2 of

this Appendix],

(2) the trust established under section 205(b) [section

1989c-4(b) of this Appendix], and

(3) the provisions of sections 206 and 207 [sections 1989c-5

and 1989c-6 of this Appendix],

shall limit the total benefits conferred to an amount not in excess

of the appropriations for such fiscal year. Any provision of this

title which, directly or indirectly, authorizes the enactment of

new budget authority shall be effective only for fiscal year 1989

and thereafter.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 208, Aug. 10, 1988, 102 Stat.

916.)

-REFTEXT-

REFERENCES IN TEXT

The Budget Act, referred to in section catchline, probably means

the Congressional Budget Act of 1974, titles I through IX of Pub.

L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 621 of Title 2, The Congress, and Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 1989c-8 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION

-HEAD-

Sec. 1989c-8. Severability

-STATUTE-

If any provision of this title [sections 1989c to 1989c-8 of this

Appendix], or the application of such provision to any person or

circumstance, is held invalid, the remainder of this title and the

application of such provision to other persons not similarly

situated or to other circumstances shall not be affected by such

invalidation.

-SOURCE-

(Pub. L. 100-383, title II, Sec. 209, Aug. 10, 1988, 102 Stat.

916.)

-End-

-CITE-

50 USC APPENDIX TITLE III - TERRITORY OR

PROPERTY CLAIMS AGAINST UNITED

STATES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES

-HEAD-

TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES

-End-

-CITE-

50 USC APPENDIX Sec. 1989d 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND

ALEUTS

PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903

TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES

-HEAD-

Sec. 1989d. Exclusion of claims

-STATUTE-

Notwithstanding any other provision of law or of this Act

[sections 1989 to 1989d of this Appendix], nothing in this Act

shall be construed as recognition of any claim of Mexico or any

other country or any Indian tribe (except as expressly provided in

this Act with respect to the Aleut tribe of Alaska) to any

territory or other property of the United States, nor shall this

Act be construed as providing any basis for compensation in

connection with any such claim.

-SOURCE-

(Pub. L. 100-383, title III, Sec. 301, Aug. 10, 1988, 102 Stat.

916.)

-End-

-CITE-

50 USC APPENDIX MEDICAL CARE FOR PHILIPPINE

VETERANS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MEDICAL CARE FOR PHILIPPINE VETERANS

-HEAD-

MEDICAL CARE FOR PHILIPPINE VETERANS

-End-

-CITE-

50 USC APPENDIX ACT JULY 1, 1948, CH. 785, 62

STAT. 1210 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MEDICAL CARE FOR PHILIPPINE VETERANS

ACT JULY 1, 1948, CH. 785, 62 STAT. 1210

-HEAD-

ACT JULY 1, 1948, CH. 785, 62 STAT. 1210

-End-

-CITE-

50 USC APPENDIX Secs. 1991 to 1996 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MEDICAL CARE FOR PHILIPPINE VETERANS

ACT JULY 1, 1948, CH. 785, 62 STAT. 1210

-HEAD-

Secs. 1991 to 1996. Repealed. Pub. L. 85-461, Sec. 5, June 18,

1958, 72 Stat. 203

-MISC1-

Section 1991, act July 1, 1948, ch. 785, Sec. 1, 62 Stat. 1210,

related to grants-in-aid for construction of hospitals and expenses

for medical care for treatment of Philippine veterans.

Section 1992, act July 1, 1948, ch. 785, Sec. 2, 62 Stat. 1210,

defined "veteran".

Section 1993, act July 1, 1948, ch. 785, Sec. 3, 62 Stat. 1210,

related to time and amount of hospital construction grants.

Section 1994, acts July 1, 1948, ch. 785, Sec. 4, 62 Stat. 1210;

June 18, 1954, ch. 329, 68 Stat. 268, related to time and amount of

medical care grants.

Section 1995, act July 1, 1948, ch. 785, Sec. 5, 62 Stat. 1210,

related to issuance of rules and regulations.

Section 1996, act July 1, 1948, ch. 785, Sec. 6, 62 Stat. 1210,

related to authorization of appropriations.

-End-

-CITE-

50 USC APPENDIX WAR CLAIMS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

-HEAD-

WAR CLAIMS

-End-

-CITE-

50 USC APPENDIX ACT JULY 3, 1948, CH. 826, 62

STAT. 1240 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

-HEAD-

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

-MISC1-

TITLE I

Sec.

2001. Foreign Claims Settlement Commission of the United

States.

(a) Employment of personnel; use of other

facilities and services.

(b) Rules and regulations; delegation of functions;

time limit on filing of claims.

(c) Subpenas; issuance; contempt; witness fees;

administration of oaths.

2002. Jurisdiction of Commission.

2003. Claims of employees of contractors.

(a) Payment by Secretary of Labor of certain

claims; execution of releases.

(b) Cancellation of employees' obligations;

repayment to employees.

(c) Omitted. [Amendment of section 1702(a) of Title

42].

2004. Internees.

(a) "Civilian American citizen" defined.

(b) Payment of detention benefits.

(c) Amount of detention benefits.

(d) Persons entitled to detention benefits.

(e) Certification of claims.

(f) Application of sections 1701 to 1706 and 1711

to 1717 of Title 42; factors for determining

benefits; effective date.

(g) Benefits for civilian internees in Korea, and

dependents; time.

(h) Benefits for Guamanians killed or captured at

Wake Island on or after December 7, 1941.

(i) Detention benefits for civilian internees in

Southeast Asia; definitions; authority of

Commission; claim for benefits; rate of

compensation; persons entitled to payments;

certification for payment; filing date;

determination of claims; appropriations.

2005. Prisoners of war.

(a) "Prisoner of war" defined.

(b) Payment of claims; rate allowed; certification

of claims.

(c) Persons entitled to payments.

(d) Additional definition of "prisoner of war";

payment of claims; rate allowed; persons

entitled to payments.

(e) Extension to Korean War prisoners.

(f) Vietnam conflict; definitions; authority of

Commission; classes of claims; rate of

compensation; certification for payment;

persons entitled to payments; filing date;

determination of claims; fund for payment;

appropriations.

(g) Manner of payment.

2006. Religious organizations.

(a) Reimbursement for services furnished members of

armed services and American civilians;

certification of claims.

(b) Compensation for loss or damage to real

property used in educational, medical, or

welfare work.

(c) Compensation to replace facilities.

(d) Determination of claims.

(e) Investigation; determination of replacement

costs; basis used.

(f) Filing of claims; adjudication; place and use

of payments.

(g) Claims of internees and prisoners of war

unaffected.

(h) Denominational organizations.

2007. Commission's report on personal injury and property

claims to President; findings; recommendations;

public property; legislative effect.

2008. Reports to Congress.

2009. Fee limitation for representing claimants; penalties.

2010. Hearings on claims; finality of decision.

2011. Omitted.

2012. War Claims Fund.

(a) Composition; expenditure.

(b) Estimation and certification to Treasury of

total amount necessary under section 2004(f).

(c) Estimation and certification to Treasury of

total amount necessary under section 2003(c).

(d) Certification to Treasury of total canceled

obligations under section 2003(b)(1).

(e) Authorization of appropriations for

Commission's work.

2012a. Omitted.

2013. Payments to certain members of religious orders.

2014. United States citizens serving in allied forces.

(a) Right to compensation.

(b) Deductions.

(c) Payments on death.

(d) Filing date for claims.

(e) Certification of claim for payment.

2015. Detention benefits to merchant seamen.

(a) "Merchant seaman" defined.

(b) Determination of claim; rate of payment.

(c) Collaborationists excluded.

(d) Time of filing claim.

(e) Certification of claim for payment.

2016. Philippines.

(a) Losses by individual from sequestered credits;

loss by banks or other financial institutions.

(b) Filing date for claims.

(c) Death or legal disability as affecting

payments.

(d) Certification of claims for payment.

TITLE II

2017. Definitions.

2017a. Claims authorized.

2017b. Transfers and assignments.

2017c. Nationality of claimants.

2017d. Claims of stockholders.

2017e. Deductions in making awards.

2017f. Consolidated awards.

2017g. Certain awards prohibited.

2017h. Certification of awards.

2017i. Claim filing period.

2017j. Claims settlement period.

2017k. Notification to claimants.

2017l. Payment of awards; priorities; limitations.

2017m. Fees of attorneys and agents.

2017n. Application of other laws.

2017o. Transfer of records.

2017p. Administrative expenses.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in title 22 sections 1622b, 1622g.

-End-

-CITE-

50 USC APPENDIX TITLE I 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

TITLE I

-MISC1-

TITLE I OF ACT

Section 101 of Pub. L. 87-846, Oct. 22, 1962, 76 Stat. 1107,

designated sections 2 to 17 of act July 3, 1948, as amended

[sections 2001 to 2016 of this Appendix], as title I.

-SECREF-

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in section 2017n of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2001 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2001. Foreign Claims Settlement Commission of the United

States

-STATUTE-

(a) Employment of personnel; use of other facilities and services

The Foreign Claims Settlement Commission of the United States

(hereinafter referred to as the "Commission") may, in accordance

with the provisions of the civil-service laws and the

Classification Act of 1949, as amended [5 U.S.C. 5101 et seq., 5331

et seq.], appoint and fix the compensation of such officers,

attorneys, and employees, and may make such expenditures, as may be

necessary to carry out its functions. Officers and employees of any

other department or agency of the Government may, with the consent

of the head of such department or agency, be assigned to assist the

Commission in carrying out its functions. The Commission may, with

the consent of the head of any other department or agency of the

Government, utilize the facilities and services of such department

or agency in carrying out the functions of the Commission.

(b) Rules and regulations; delegation of functions; time limit on

filing of claims

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 March 31, 1952. The Commission shall take immediate

action to advise all persons entitled to file claims under the

provisions of this title [sections 2001 to 2016 of this Appendix]

administered by the Commission of their rights under such

provisions, and to assist them in the preparation and filing of

their claims.

(c) Subpenas; issuance; contempt; witness fees; administration of

oaths

(1) For the purpose of any hearing, examination, or investigation

under this title [sections 2001 to 2016 of this Appendix], the

Commission and those employees designated by the Commission shall

have the power to issue subpenas requiring persons to appear and

testify or to appear and produce documents, or both, at any

designated place where such hearing, examination, or investigation

is being held. The Commission or any employee so designated shall,

upon application of a claimant, issue to such claimant subpenas

requiring the attendance and testimony of witnesses or the

production of documents, or both, required by such claimant in

hearings upon his claim: Provided, That the claimant making such

application pay the witness fees and mileage of any witness or

witnesses subpenaed upon his request. The production of a person's

documents at any place other than his place of business shall not

be required, however, in any case in which, prior to the return

date specified in the subpena with respect thereto, such person

either has furnished the issuer of the subpena with a copy of such

documents (certified by such person under oath to be a true and

correct copy) or has entered into a stipulation with the issuer of

the subpena as to the information contained in such documents.

(2) The Commission may, in case of a failure or refusal on the

part of any person to comply with any such subpena, invoke the aid

of any United States district court within the jurisdiction of

which the hearing, examination, or investigation is being

conducted, or such person resides or transacts business. Such court

may issue an order requiring such person to appear at the

designated place of hearing, examination, or investigation, there

to give or produce testimony or documentary evidence concerning the

matter in question. Any failure to obey such order of the court

shall be punishable by such court as a contempt thereof. All

process in any such case may be served in the judicial district

wherein such person resides or transacts business or wherever such

person may be found.

(3) Witnesses subpenaed under this subsection shall be paid the

same fees and mileage that are allowed and paid witnesses in United

States district courts.

(4) Any member of the Commission, and any employee of the

Commission authorized by the Commission to do so, may administer

to, or take from, any person an oath, affirmation, or affidavit

when such action is necessary or appropriate in the performance of

the functions or activities of the Commission.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 2, 62 Stat. 1240; May 27,

1949, ch. 145, Sec. 1(1), 63 Stat. 112; Oct. 28, 1949, ch. 782,

title XI, Sec. 1106(a), 63 Stat. 972; Aug. 16, 1950, ch. 718, 64

Stat. 449; Apr. 5, 1951, ch. 27, 65 Stat. 28; 1954 Reorg. Plan No.

1 Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug.

21, 1954, ch. 784, Sec. 3, 68 Stat. 762; Pub. L. 87-846, title I,

Secs. 102, 104(a), Oct. 22, 1962, 76 Stat. 1107, 1113; Pub. L.

96-209, title I, Sec. 108, Mar. 14, 1980, 94 Stat. 97.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (a), are set out

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The Classification Act of 1949, as amended, referred to in

subsec. (a), is act Oct. 28, 1949, ch. 782, 63 Stat. 954, as

amended. The Classification Act of 1949 was repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by

the first section thereof as chapter 51 (Sec. 5101 et seq.) and

subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-209 struck out subsec. (d) which

provided for terms of office of Chairman and members of Foreign

Claims Settlement Commission of United States. See section 1622c(c)

of Title 22, Foreign Relations and Intercourse.

1962 - Subsecs. (b), (c)(1). Pub. L. 87-846, Sec. 102,

substituted "title" for "Act".

Subsec. (d). Pub. L. 87-846, Sec. 104(a), added subsec. (d).

1954 - Subsec. (a). Act Aug. 21, 1954, struck out subsec. (a)

which related to establishment and composition of the former War

Claims Commission, and which had been affected by Reorg. Plan No. 1

of 1954 (see Transfer of Functions note below), redesignated

subsec. (b) as (a) and substituted "The Foreign Claims Settlement

Commission of the United States (hereinafter referred to as the

'Commission')" for "The Commission", meaning the former War Claims

Commission.

Subsecs. (b) to (d). Act Aug. 21, 1954, Sec. 3(a), designated

subsecs. (b) to (d) as (a) to (c), respectively.

Former subsec. (e). Act Aug. 21, 1954, Sec. 3(a), repealed

subsec. (e) which related to termination of former War Claims

Commission.

1951 - Subsec. (c). Act Apr. 5, 1951, extended time limit on

filing of claims from Mar. 1, 1951 to Mar. 31, 1952, and authorized

Commission to advise claimants of their rights.

1950 - Subsecs. (d), (e). Act Aug. 16, 1950, added subsec. (d)

and redesignated former subsec. (d) as (e).

1949 - Subsec. (b). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

Subsec. (c). Act May 27, 1949, extended time within which persons

may file claims until Mar. 1, 1951.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-209 effective Mar. 14, 1980, see title VI

of Pub. L. 96-209, set out as an Effective Date note under section

1622a of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1951 AMENDMENT

Act Apr. 5, 1951, provided that the amendment made by that Act is

effective as of Mar. 1, 1951.

EFFECTIVE DATE OF 1949 AMENDMENT

The increased compensation provided for by act Oct. 15, 1949,

took effect on first day of first pay period which began after Oct.

15, 1949, see section 9 of act Oct. 15, 1949.

SHORT TITLE OF 1954 AMENDMENT

Act Aug. 31, 1954, ch. 1162, title I, Sec. 1, 68 Stat. 1033,

provided: "That this Act [enacting sections 2014 to 2016 of this

Appendix, amending sections 2004, 2005, and 2012 of this Appendix

and section 801 of former Title 5, Executive Departments and

Government Officers and Employees, and enacting provisions set out

as notes under this section and section 2008 of this Appendix] may

be cited as the 'War Claims Act Amendments of 1954'."

SHORT TITLE

Section 1 of act July 3, 1948, provided that: "This Act [enacting

this section and sections 2002 to 2017p of this Appendix] may be

cited as the 'War Claims Act of 1948'."

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

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.

"Foreign Claims Settlement Commission" substituted in text for

"War Claims Commission" pursuant to Reorg. Plan No. 1 of 1954,

Secs. 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,

which abolished War Claims Commission, including offices of its

members, and transferred functions of Commission and members,

officers, and employees thereof to Foreign Claims Settlement

Commission of the United States.

-MISC2-

GUAM WAR CLAIMS REVIEW COMMISSION

Pub. L. 107-333, Dec. 16, 2002, 116 Stat. 2873, known as the Guam

War Claims Review Commission Act, established the Commission and

its duties and powers, authorized appropriations, and provided that

the Commission would report, not later than 9 months after its

establishment, to the Secretary of the Interior and Congress and

terminate 30 days thereafter.

TIME LIMIT FOR SETTLEMENT OF CLAIMS UNDER WAR CLAIMS ACT AMENDMENTS

OF 1954

Act Aug. 31, 1954, ch. 1162, title I, Sec. 105, 68 Stat. 1037,

required the Foreign Claims Settlement Commission to wind up its

affairs in settling claims for benefits authorized by act Aug. 31,

1954 within two years after Aug. 31, 1954.

REAPPOINTMENT OF MEMBERS OF FOREIGN CLAIMS SETTLEMENT COMMISSION

Section 104(b) of Pub. L. 87-846 provided that: "Nothing in this

section shall be construed to preclude the reappointment as a

member of the Foreign Claims Settlement Commission of any person

holding office as a member of such Commission on the date of

enactment of this Act [Oct. 22, 1962]."

TENURE OF WAR CLAIMS COMMISSION

Act Apr. 9, 1952, ch. 167, Sec. 4, 66 Stat. 49, provided that

nothing in that act or the amendments made by it, amending sections

2005 and 2006 of this Appendix, should extend the life of the War

Claims Commission for any period of time.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2017n of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2002 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2002. Jurisdiction of Commission

-STATUTE-

The Commission shall have jurisdiction to receive and adjudicate

according to law claims as hereinafter provided.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 3, 62 Stat. 1241.)

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2007 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2003 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2003. Claims of employees of contractors

-STATUTE-

(a) Payment by Secretary of Labor of certain claims; execution of

releases

The Secretary of Labor is authorized to receive, adjudicate

according to law, and provide for the payment of any claim filed by

any person specified in section 101(a) of the Act entitled "An Act

to provide benefits for the injury, disability, death, or enemy

detention of employees of contractors with the United States, and

for other purposes", approved December 2, 1942, as amended [42

U.S.C. 1701(a)], or by the legal representative of any such person

who may have died, for the amount by which (1) the total sum which

would have been payable to such person by his employer (not

including any payments for overtime), if such person's contract of

employment had been in effect and he had been paid under it for the

entire period during which he was entitled to receive benefits

under section 101(b) of such Act [42 U.S.C. 1701(b)], exceeds (2)

the entire amount creditable to such person's account for such

period under the provisions of such section plus any amounts paid

to such person by such employer for such period or recovered by

such person in any legal action against such employer based upon

such person's right against such employer for such period under the

contract of employment, including payments in settlement of the

liability of the employer arising under or out of such contract. No

claim shall be allowed to any person under the provisions of this

section unless such person executes a full release to the employer

and to the United States in respect to the liability of the

employer arising under or out of the contract of employment, except

liability for workmen's compensation benefits under the Act of

August 16, 1941, as amended (42 U.S.C. 1651 and the following) or

detention or other benefits paid under the Act of December 2, 1942,

as amended (42 U.S.C. 1751 and the following) [42 U.S.C. 1701 et

seq.]. Any claim allowed under the provisions of this section shall

be certified by the Secretary of Labor to the Secretary of the

Treasury for payment out of the War Claims Fund established by

section 13 of this title [section 2012 of this Appendix].

(b) Cancellation of employees' obligations; repayment to employees

(1) The Secretary of State is authorized and directed to cancel

any obligation to the United States of any person specified in

section 101(a) of such Act of December 2, 1942 [42 U.S.C. 1701(a)],

to pay any sum which may have been advanced to or on behalf of any

such person by the Department of State for the purpose of paying

the costs of food and medical services furnished to such person

during his period of internment by the Imperial Japanese Government

or for the purpose of paying transportation or other expenses of

repatriation.

(2) The Secretary of Labor is authorized to receive, adjudicate

according to law, and provide for the payment of any claim filed by

any person specified in section 101(a) of such Act of December 2,

1942 [42 U.S.C. 1701(a)], for the repayment of any sum which may

have been paid by such person to the Department of State in

settlement of any obligation of the type referred to in paragraph

(1) of this subsection. Any claim allowed under the provisions of

this paragraph shall be certified by the Secretary of Labor to the

Secretary of the Treasury for payment out of the War Claims Fund

established by section 13 of this title [section 2012 of this

Appendix].

(c) Omitted [Amendment of section 1702(a) of Title 42]

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 4, 62 Stat. 1241; 1950 Reorg.

Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.

1271; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.

1107.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 16, 1941, as amended, referred to in subsec. (a),

is act Aug. 16, 1941, ch. 357, 55 Stat. 622, as amended, known as

the Defense Base Act, which is classified generally to chapter 11

(Sec. 1651 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 1651 of Title 42 and Tables.

Act of December 2, 1942, as amended, referred to in subsec. (a),

is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I

and II of which are popularly known as the War Hazards Compensation

Act, and is classified principally to chapter 12 (Sec. 1701 et

seq.) of Title 42. For complete classification of this Act to the

Code, see Tables.

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Labor" substituted in subsecs. (a) and (b) for

"Federal Security Administrator" and "Administrator" pursuant to

Reorg. Plan No. 19 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R.

3178, 64 Stat. 1271, set out in the Appendix to Title 5, Government

Organization and Employees, which transferred functions of Federal

Security Administrator and Federal Security Agency under this

section to Secretary of Labor, with power to delegate.

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 and funds transferred to Foreign Claims

Settlement Commission of the United States by Reorg. Plan No. 1 of

1954, Secs. 2, 4, 6(c), 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 2001 of this Appendix and notes

thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2012 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2004 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2004. Internees

-STATUTE-

(a) "Civilian American citizen" defined

As used in subsections (b) and (f) of this section, the term

"civilian American citizen" means any person who, being then a

citizen of the United States, was captured by the Imperial Japanese

Government on or after December 7, 1941, at Midway. Guam, Wake

Island, the Philippine Islands, or any Territory or possession of

the United States attacked or invaded by such government, or while

in transit to or from any such place, or who went into hiding at

any such place in order to avoid capture or internment by such

government; except (1) a person who at any time voluntarily gave

aid to, collaborated with, or in any manner served such government,

or (2) a person who at the time of his capture or entrance into

hiding was a regularly appointed, enrolled, enlisted, or inducted

member of any military or naval force.

(b) Payment of detention benefits

The Commission is authorized to receive, adjudicate according to

law, and provide for the payment of any claim filed by, or on

behalf of, any civilian American citizen for detention benefits for

any period of time subsequent to December 6, 1941, during which he

was held by the Imperial Japanese Government as a prisoner,

internee, hostage, or in any other capacity, or remained in hiding

to avoid being captured or interned by such Imperial Japanese

Government.

(c) Amount of detention benefits

The detention benefit allowed to any person under the provisions

of subsection (b) shall be at the rate of $60 for each calendar

month during which such person was at least eighteen years of age

and at the rate of $25 per month for each calendar month during

which such person was less than eighteen years of age.

(d) Persons entitled to detention benefits

The detention benefits allowed under subsection (b) of this

section shall be allowed to the person entitled thereto, or, in the

event of his death, only to the following persons:

(1) Widow or husband if there is no child or children of the

deceased;

(2) Widow or husband and child or children of the deceased,

one-half to the widow or husband and the other half to the child

or children in equal shares;

(3) Child or children of the deceased (in equal shares) if

there is no widow or husband; and

(4) Parents (in equal shares) if there is no husband, or child.

(e) Certification of claims

Any claim allowed by the Commission under this section (except

under subsections (g) and (i)) shall be certified to the Secretary

of the Treasury for payment out of the war claims funds established

by section 13 of this title [section 2012 of this Appendix], and

shall be payable by the Secretary of the Treasury to the person

entitled thereto; except that where the person entitled to payment

is under any legal disability, any part of the amount payable may,

in the discretion of the Commission, be paid, for the use of the

claimant, to the natural or legal guardian, committee, conservator,

or curator of the claimant, or, if there is no such guardian,

committee, conservator, or curator, then the Commission may, in its

discretion, make payment to any other person, including the spouse

of such claimant, whom the Commission may determine is vested with

the care of the claimant or his estate for the use and benefit of

such claimant or estate; and if such person is a minor, any part of

the amount payable may, in the discretion of the Commission, be

paid to such minor.

(f) Application of sections 1701 to 1706 and 1711 to 1717 of Title

42; factors for determining benefits; effective date

(1) Except as otherwise provided in this subsection, the

provisions of titles I [42 U.S.C. 1701 to 1706] and II [42 U.S.C.

1711 to 1717] of the Act entitled "An Act to provide benefits for

the injury, disability, death, or enemy detention of employees of

contractors with the United States, and for other purposes",

approved December 2, 1942, as amended, are extended and shall apply

with respect to the injury, disability, or death resulting from

injury of a civilian American citizen occurring while he was held

by or in hiding from the Imperial Japanese Government, to the same

extent as if such civilian American citizen were an employee within

the purview of such Act of December 2, 1942, as amended [42 U.S.C.

1701 to 1717].

(2) For the purpose of determining the benefits extended and made

applicable by paragraph (1) -

(A) the average weekly wage of any such civilian American

citizen, whether employed, self-employed, or not employed, shall

be deemed to have been $37.50;

(B) the provisions of such Act [42 U.S.C. 1701 to 1717], shall

be applicable whether or not any such civilian American citizen

was employed;

(C) notice of injury or death shall not be required; and

limitation provisions with respect to the filing of claims for

injury, disability, or death shall not begin to run until the

date of enactment of this section [July 3, 1948]; and

(D) the monthly compensation in cases involving partial

disability shall be determined by the percentage the degree of

partial disability bears to total disability and shall not be

determined with respect to the extent of loss of wage earning

capacity.

(3) The following provisions of such Act of December 2, 1942, as

amended [42 U.S.C. 1701 to 1717], shall not apply in the case of

such civilian American citizens: The last sentence of section

101(a), section 101(b), section 101(d) [42 U.S.C. 1701(a), (b),

(d)], section 104 [42 U.S.C. 1704], and section 105 [42 U.S.C.

1705].

(4) Rights or benefits which, under this subsection, are to be

determined with reference to other provisions of law shall be

determined with reference to such provisions of law as in force on

January 3, 1948.

(5) The money benefit for disability or death shall be paid only

to the person entitled thereto, or to his legal or natural guardian

if he has one, and shall not upon death of the person so entitled

survive for the benefit of his estate or any other person.

(6) The benefit of a minor or of an incompetent person who has no

natural or legal guardian may, in the discretion of the Secretary

of Labor, be paid, in whole or in such part as he may determine for

and on behalf of such minor or incompetent directly to the person

or institution caring for, supporting, or having custody of such

minor or incompetent.

(7) No person, except a widow or a child, shall be entitled to

benefits for disability with respect to himself, and to death

benefits on account of the death of another.

(8) If a civilian American citizen or his dependent receives or

has received from the United States any payments on account of the

same injury or death, or from his employer, in the form of wages,

or payments in lieu of wages, or in any form of support or

compensation (including workmen's compensation) in respect to the

same objects, the benefits under this section shall be diminished

by the amount of such payments in the following manner: (A)

Benefits on account of injury or disability shall be reduced by the

amount of payments to the injured person on account of the same

injury or disability; and (B) benefits on account of death shall be

reduced by the amount of payments to the dependents of the deceased

civilian American citizen on account of the same death.

(9) This subsection shall take effect as of December 7, 1941, and

the right of individuals to benefits shall be held to have begun to

accrue as though this subsection had been in effect as of such

date.

(10) No benefits provided by this subsection for injury,

disability, or death shall accrue to any person who, without regard

to this subsection, is entitled to or has received benefits for the

same injury, disability, or death under such Act of December 2,

1942, as amended [42 U.S.C. 1701 to 1717].

(11) No benefits provided by this subsection shall accrue to any

person to whom benefits have been paid, or are payable, under the

Federal Employees' Compensation Act [5 U.S.C. 8101 et seq.], or any

extension thereof, by reason of disability or death of an employee

of the United States suffered after capture, detention, or other

restraint by an enemy of the United States, when such disability or

death is deemed, in the administration of the Federal Employees'

Compensation Act to have resulted from injury occurring while in

the performance of duty, under subsection (b) of section 5 of the

Act entitled "An Act to amend the Act entitled 'An Act to provide

compensation for employees of the United States suffering injuries

while in the performance of their duties, and for other purposes',

as amended", approved July 28, 1945, as amended.

(g) Benefits for civilian internees in Korea, and dependents; time

(1) As used in this subsection, the term "civilian American

citizens" means any person who, being then a citizen of the United

States, was captured in Korea on or after June 25, 1950, by any

hostile force with which the Armed Forces of the United States were

actually engaged in armed conflict subsequent to such date and

prior to August 21, 1954, or who went into hiding in Korea in order

to avoid capture or internment by any such hostile force; except

(A) a person who at any time voluntarily, knowingly, and without

duress, gave aid to or collaborated with or in any manner served

any such hostile force, or (B) a regularly appointed, enrolled,

enlisted, or inducted member of the Armed Forces of the United

States.

(2) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by, or on behalf of, any civilian

American citizen for detention benefits for any period of time

subsequent to June 25, 1950, during which he was held by any such

hostile force as a prisoner, internee, hostage, or in any other

capacity, or remained in hiding to avoid being captured or interned

by any such hostile force.

(3) The detention benefit allowed to any person under the

provisions of paragraph (2) of this subsection shall be at the rate

of $60 for each calendar month during which such person was at

least eighteen years of age and at the rate of $25 per month for

each calendar month during which such person was less than eighteen

years of age.

(4) The detention benefits allowed under paragraph (2) of this

subsection shall be allowed to the person entitled thereto, or, in

the event of his death, only to the following persons:

(A) widow or husband if there is no child or children of the

deceased;

(B) widow or dependent husband and child or children of the

deceased, one-half to the widow or dependent husband and the

other half to the child or children in equal shares;

(C) child or children of the deceased (in equal shares) if

there is no widow or dependent husband.

(5) Any claim allowed by the Commission under this subsection

shall be certified to the Secretary of the Treasury for payment out

of funds appropriated pursuant to this subsection, and shall be

paid by the Secretary of the Treasury to the person entitled

thereto, except that where any person entitled to payment under

this subsection is under any legal disability, payment may be made

in accordance with the provisions of subsection (e) of this

section.

(6) Each claim filed under this subsection must be filed not

later than one year from whichever of the following dates last

occurs:

(A) The date of enactment of this subsection [Aug. 21, 1954];

(B) The date the civilian American citizen by whom the claim is

filed returned to the jurisdiction of the United States; or

(C) The date upon which the Commission, at the request of a

potentially eligible survivor, makes a determination that the

civilian American citizen has actually died or may be presumed to

be dead, in the case of any civilian American citizen who has not

returned to the jurisdiction of the United States.

The Commission shall complete its determinations 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.

(7)(A) There are authorized to be appropriated such amounts as

may be necessary to carry out the purposes of this subsection,

including necessary administrative expenses.

(B) The Commission shall determine, from time to time, the share

of its administrative expenses attributable to the performance of

its functions under this subsection and make the appropriate

adjustments in its accounts, and determinations and adjustments

made pursuant to this subparagraph shall be final and conclusive.

(h) Benefits for Guamanians killed or captured at Wake Island on or

after December 7, 1941

In the case of any Guamanian killed or captured by the Imperial

Japanese Government on or after December 7, 1941, at Wake Island,

benefits shall be granted under subsections (a) through (f) of this

section in the same manner and to the same extent as apply in the

case of civilian American citizens so killed or captured. Claims

for benefits under subsections (a) through (e) of this section must

be filed within six months after the date of enactment of this

subsection [Aug. 31, 1962], and the time limitation applicable to

any individual by subsection (f) shall not begin to run until the

date of enactment of this subsection [Aug. 31, 1962], with respect

to any individual who is entitled to such benefits solely by reason

of this subsection. The preceding sentence shall not be construed

to affect the right of any individual to receive such benefits with

respect to any period prior to the date of enactment of this

subsection [Aug. 31, 1962].

(i) Detention benefits for civilian internees in Southeast Asia;

definitions; authority of Commission; claim for benefits; rate of

compensation; persons entitled to payments; certification for

payment; filing date; determination of claims; appropriations

(1) As used in this subsection -

(A) the term "Vietnam conflict" relates to the period beginning

on February 28, 1961, and ending on such date as shall thereafter

be determined by Presidential proclamation or concurrent

resolution of the Congress; and

(B) the term "civilian American citizen" means any person who,

being then a citizen of the United States, was captured in

Southeast Asia during the Vietnam conflict by any force hostile

to the United States, or who went into hiding in Southeast Asia,

in order to avoid capture or internment by any such hostile

force, except (i) a person who voluntarily, knowingly, and

without duress, gave aid to or collaborated with or in any manner

served any such hostile force, or (ii) a regularly appointed,

enrolled, enlisted, or inducted member of the Armed Forces of the

United States.

(2) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by, or on behalf of, any civilian

American citizen for detention benefits for any period of time

subsequent to February 27, 1961, during which he was held by any

such hostile force as a prisoner, internee, hostage, or in any

other capacity, or remained in hiding to avoid capture or

internment by any such hostile force.

(3) The detention benefits allowed under paragraph (2) of this

subsection shall be at the rate of $150 for each calendar month.

(4) The detention benefits allowed under paragraph (2) of this

subsection shall be allowed to the civilian American citizen

entitled thereto, or, in the event of his death, only to the

following persons:

(A) the widow or husband if there is no child or children of

the deceased;

(B) the widow or dependent husband and child or children of the

deceased, one-half to the widow or dependent husband and the

other half to the child or children in equal shares;

(C) the child or children of the deceased in equal shares if

there is no widow or dependent husband.

(5) Any claim allowed by the Commission under this subsection

shall be certified to the Secretary of the Treasury for payment out

of funds appropriated pursuant to this subsection, and shall be

paid to the person entitled thereto, except that if a person

entitled to payment under this section is under any legal

disability, payment shall be made in accordance with the provisions

of subsection (e) of this section.

(6) Each claim filed under this section must be filed not later

than three years from whichever of the following dates last occurs:

(A) the date of enactment of this subsection [June 24, 1970];

(B) the date the civilian American citizen by whom the claim is

filed returned to the jurisdiction of the United States; or

(C) the date upon which the Commission, at the request of a

potentially eligible survivor, makes a determination that the

civilian American citizen has actually died or may be presumed to

be dead, in the case of any civilian American citizen who has not

returned to the jurisdiction of the United States.

The Commission shall complete its determinations for each claim

filed under this subsection at the earliest practicable date, but

not later than one year after the date on which such claim was

filed.

(7) There are authorized to be appropriated such amounts as may

be necessary to carry out the purposes of this subsection,

including necessary administrative expenses.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 5, 62 Stat. 1242; 1950 Reorg.

Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.

1271; Apr. 9, 1952, ch. 168, Sec. 1, 66 Stat. 49; Aug. 21, 1954,

ch. 784, Sec. 1, 68 Stat. 759; Aug. 31, 1954, ch. 1162, title I,

Secs. 101 (a)-(c), 102(a), 68 Stat. 1034; Pub. L. 87-617, Aug. 31,

1962, 76 Stat. 413; Pub. L. 87-846, title I, Sec. 102, Oct. 22,

1962, 76 Stat. 1107; Pub. L. 91-289, Sec. 3, June 24, 1970, 84

Stat. 324; Pub. L. 94-383, Aug. 12, 1976, 90 Stat. 1122.)

-REFTEXT-

REFERENCES IN TEXT

The Act entitled "An Act to provide benefits for the injury,

disability, death, or enemy detention of employees of contractors

with the United States, and for other purposes", approved December

2, 1942, as amended, referred to in subsec. (f)(1), means act Dec.

2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I and II of

which are popularly known as the War Hazards Compensation Act, and

is classified principally to chapter 12 (Sec. 1701 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Tables.

The Federal Employees' Compensation Act, referred to in subsec.

(f)(11), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended,

which was repealed and the provisions thereof were reenacted as

subchapter 1 (Sec. 8101 et seq.) of chapter 81 of Title 5,

Government Organization and Employees, by Pub. L. 89-554, Sept. 6,

1966, 80 Stat. 378.

Subsection (b) of section 5 of the Act entitled "An Act to amend

the Act entitled 'An Act to provide compensation for employees of

the United States suffering injuries while in the performance of

their duties, and for other purposes', as amended", approved July

28, 1945, as amended, referred to in subsec. (f)(11), means section

5 of act July 28, 1945, ch. 328, 59 Stat. 504, as amended, which

enacted section 801 of former Title 5, Executive Departments and

Government Officers and Employees, amended sections 760, 761, 770,

and 793 of former Title 5, and enacted provisions set out as notes

under section 770 of former Title 5, and which was repealed by Pub.

L. 85-608, Sec. 303, Aug. 8, 1958, 72 Stat. 539. See section

8102(b) of Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1976 - Subsec. (i)(3). Pub. L. 94-383 substituted "$150" for

"$60".

1970 - Subsec. (e). Pub. L. 91-289, Sec. 3(1), included reference

to subsec. (i) in parenthetical phrase.

Subsec. (i). Pub. L. 91-289, Sec. 3(2), added subsec. (i).

1962 - Subsec. (e). Pub. L. 87-846 substituted "title" for "Act".

Subsec. (h). Pub. L. 87-617 added subsec. (h).

1954 - Subsec. (a). Act Aug. 31, 1954, Sec. 101(a), included as

eligible for detention benefits, civilian American citizens who

were captured at certain Pacific islands by the Japanese, but who

were formerly expressly excluded from these benefits by reason of

being Federal employees or employees of contractors with the United

States, and to make them eligible for disability compensation. Act

Aug. 21, 1954, Sec. 1(b), limited the application of such section's

definition of "civilian American citizen" to subsecs. (b) and (f)

of this section.

Subsec. (d). Act Aug. 31, 1954, Sec. 102(a), (b), struck out

"dependent" wherever appearing, and added cl. (4).

Subsec. (e). Act Aug. 21, 1954, Sec. 1(c), inserted "(except

under subsection (g) )" after "under this section".

Subsec. (f)(3). Act Aug. 31, 1954, Sec. 101(b), provided that

last sentence of section 101(a) [1701(a) of this Appendix] and

section 101(d) [1701(d) of this Appendix] should not operate to

exclude civilian American citizens from entitlement to medical care

or disability compensation.

Subsec. (f)(10), (11). Act Aug. 31, 1954, Sec. 101(c), added

pars. (10) and (11).

Subsec. (g). Act Aug. 21, 1954, Sec. 1(a), added subsec. (g).

1952 - Subsec. (e). Act Apr. 9, 1952, allowed the award for the

benefit of claimant to be paid to the claimant's natural or legal

guardian, committee, conservator, or curator, or to such other

person as is charged with the care of the claimant, and permitted

the payment of an award payable to a minor, directly to such minor.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Labor" substituted for "Federal Security

Administrator" in subsec. (f)(6) pursuant to Reorg. Plan No. 19 of

1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, set

out in the Appendix to Title 5, Government Organization and

Employees, which transferred functions of Federal Security

Administrator and Federal Security Agency under this section to

Secretary of Labor, with power to delegate.

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, Secs.

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 2001 of this Appendix and notes thereunder.

-MISC2-

FILING DATES FOR CLAIMS OF NEW CLASSES OF BENEFICIARIES; TOLLING OF

LIMITATIONS

Section 101(e) of act Aug. 31, 1954, required persons entitled to

benefits under subsec. (b), (c), or (d) of this section solely by

reason of the amendments made to this section by act Aug. 31, 1954,

to file claims therefor within one year from Aug. 31, 1954, and

provided that the time limitations applicable to claims under

subsec. (f) of this section were not to begin to run until Aug. 31,

1954, with regard to any person entitled to such benefits solely by

reason of the amendments to this section by act Aug. 31, 1954.

Section 102(c) of act Aug. 31, 1954, required persons entitled to

benefits solely by reason of amendments made to this section by

section 102 of act Aug. 31, 1954 to file claims within one year

from Aug. 31, 1954.

PRIOR BENEFITS AS AFFECTING RIGHTS

Section 102(b) of act Aug. 31, 1954, provided that the amendments

to sections 2004(d) and 2005(c), (d)(4) of this Appendix by section

102 of act Aug. 31, 1954, should not apply with respect to benefits

paid prior to Aug. 31, 1954.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005, 2006, 2007, 2012,

2015, 2016 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2005 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2005. Prisoners of war

-STATUTE-

(a) "Prisoner of war" defined

As used in subsection (b) of this section, the term "prisoner of

war" means any regularly appointed, enrolled, enlisted, or inducted

member of the military or naval forces of the United States who was

held as a prisoner of war for any period of time subsequent to

December 7, 1941, by any government of any nation with which the

United States has been at war subsequent to such date.

(b) Payment of claims; rate allowed; certification of claims

The Commission is authorized to receive, adjudicate according to

law, and provide for the payment of any claim filed by any prisoner

of war for compensation for the violation by the enemy government

by which he was held as a prisoner of war, or its agents, of its

obligation to furnish him the quantity or quality of food to which

he was entitled as a prisoner of war under the terms of the Geneva

Convention of July 27, 1929. The compensation allowed to any

prisoner of war under the provisions of this subsection shall be at

the rate of $1 for each day he was held as a prisoner of war on

which the enemy government or its agents failed to furnish him such

quantity or quality of food. Any claim allowed under the provisions

of this subsection shall be certified to the Secretary of the

Treasury for payment out of the War Claims Fund established by

section 13 of this title [section 2012 of this Appendix].

(c) Persons entitled to payments

Claims pursuant to subsection (b) shall be paid to the person

entitled thereto, and shall in case of death of the persons who are

entitled be payable only to or for the benefit of the following

persons:

(1) Widow or husband if there is no child or children of the

deceased;

(2) Widow or husband and child or children of the deceased,

one-half to the widow or husband and the other half to the child

or children of the deceased in equal shares;

(3) Child or children of the deceased (in equal shares) if

there is no widow or husband; and

(4) Parents (in equal shares) if there is no widow, husband, or

child.

(d) Additional definition of "prisoner of war"; payment of claims;

rate allowed; persons entitled to payments

(1) As used in this subsection the term "prisoner of war" means

any regularly appointed, enrolled, enlisted, or inducted member of

the military or naval forces of the United States, who was held a

prisoner of war for any period of time subsequent to December 7,

1941, by any government of any nation with which the United States

has been at war subsequent to such date.

(2) The Commission is authorized to receive, adjudicate according

to law, and to provide for the payment of any claim filed by any

prisoner of war for compensation -

(A) for the violations by the enemy government by which he was

held as a prisoner of war, or its agents, of such government's

obligations under title III, section III, of the Geneva

Convention of July 27, 1929, relating to labor of prisoners of

war; or

(B) for inhumane treatment by the enemy government by which he

was held, or its agents. The term "inhumane treatment" as used

herein shall include, but not be limited to, violation by such

enemy government, or its agents, of one or more of the provisions

of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57, of the

Geneva Convention of July 27, 1929.

(3) Compensation shall be allowed to any prisoner of war under

this subsection at the rate of $1.50 per day for each day he was

held as a prisoner of war on which he alleges and proves in a

manner acceptable to the Commission -

(A) the violation by such enemy government or its agents of the

provisions of title III, section III, of the Geneva Convention of

July 27, 1929; or

(B) any inhumane treatment as defined herein.

Any claim allowed under the provisions of this subsection shall be

certified to the Secretary of the Treasury for payment out of the

War Claims Fund established by section 13 of this title [section

2012 of this Appendix]. In no event shall the compensation allowed

to any prisoner of war under this subsection exceed the sum of

$1.50 with respect to any one day.

(4) Claims pursuant to subsection (d)(2) shall be paid to the

person entitled thereto, or to his legal or natural guardian if he

has one, and shall, in case of death of the persons who are

entitled be payable only to or for the benefit of the following

persons:

(A) widow or husband if there is no child or children of the

deceased;

(B) widow or husband and child or children of the deceased,

one-half to the widow or husband and the other half to the child

or children of the deceased in equal shares;

(C) child or children of the deceased (in equal shares) if

there is no widow or husband; and

(D) parents (in equal shares) if there is no widow, husband, or

child.

(e) Extension to Korean War prisoners

(1) As used in this subsection the term "prisoner of war" means

any regularly appointed, enrolled, enlisted, or inducted member of

the Armed Forces of the United States who was held as a prisoner of

war for any period of time subsequent to June 25, 1950, by any

hostile force with which the Armed Forces of the United States were

actually engaged in armed conflict subsequent to such date and

prior to the date of enactment of this subsection [Aug. 21, 1954],

or any person (military or civilian) assigned to duty in the U.S.S.

Pueblo who was captured by the military forces of North Korea on

January 23, 1968, and thereafter held prisoner by the Government of

North Korea for any period of time ending on or before December 23,

1968, except any person who, at any time, voluntarily, knowingly,

and without duress, gave aid to or collaborated with or in any

manner served any such hostile force.

(2) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by any prisoner of war for compensation

for the failure of the hostile force by which he was held as a

prisoner of war, or its agents, to furnish him the quantity or

quality of food prescribed for prisoners of war under the terms of

the Geneva Convention of July 27, 1929. The compensation allowed to

any prisoner of war under the provisions of this paragraph shall be

at the rate of $1 for each day on which he was held as a prisoner

of war and on which such hostile force, or its agents, failed to

furnish him such quantity or quality of food.

(3) The Commission is authorized to receive and to determine,

according to law, the amount and validity and provide for the

payment of any claim filed by any prisoner of war for compensation

-

(A) for the failure of the hostile force by which he was held

as a prisoner of war, or its agents, to meet the conditions and

requirements prescribed under title III, section III, of the

Geneva Convention of July 27, 1929, relating to labor of

prisoners of war; or

(B) for inhumane treatment by the hostile force by which he was

held, or its agents. The term "inhumane treatment" as used herein

shall include, but not be limited to, failure of such hostile

force, or its agents, to meet the conditions and requirements of

one or more of the provisions of articles 2, 3, 7, 10, 12, 13,

21, 22, 54, 56, or 57 of the Geneva Convention of July 27, 1929.

Compensation shall be allowed to any prisoner of war under this

paragraph at the rate of $1.50 per day for each day on which he was

held as a prisoner of war and with respect to which he alleges and

proves in a manner acceptable to the Commission the failure to meet

the conditions and requirements described in subparagraph (A) or

the inhumane treatment described in subparagraph (B). In no event

shall the compensation allowed to any prisoner of war under this

paragraph exceed the sum of $1.50 with respect to any one day.

(4) Any claim allowed by the Commission under this subsection

shall be certified to the Secretary of the Treasury for payment out

of funds appropriated pursuant to this subsection and shall be paid

by the Secretary of the Treasury to the person entitled thereto,

and shall, in case of death or determination of death of the

persons who are entitled, be paid only to or for the benefit of the

persons specified, and in the order established, by paragraph (4)

of subsection (d) of this section.

(5) Each claim filed under this subsection must be filed not

later than one year from whichever of the following dates last

occurs:

(A) The date of enactment of this subsection [Aug. 21, 1954];

(B) The date the prisoner of war by whom the claim is filed

returned to the jurisdiction of the Armed Forces of the United

States; or

(C) The date upon which the Department of Defense makes a

determination that the prisoner of war has actually died or is

presumed to be dead, in the case of any prisoner of war who has

not returned to the jurisdiction of the Armed Forces of the

United States;

(D) In the case of any person assigned to duty in the U.S.S.

Pueblo referred to in paragraph (1) of this subsection, one year

after the date of enactment of this subparagraph [June 24, 1970].

The Commission shall complete its determinations 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.

(6) Any claim allowed under the provisions of this subsection

shall be paid from funds appropriated pursuant to paragraph (7) of

this subsection.

(7)(A) There are authorized to be appropriated such amounts as

may be necessary to carry out the purposes of this subsection,

including necessary administrative expenses.

(B) The Commission shall determine, from time to time, the share

of its administrative expenses attributable to the performance of

its functions under this subsection and make the appropriate

adjustments in its accounts, and determinations and adjustments

made pursuant to this subparagraph shall be final and conclusive.

(f) Vietnam conflict; definitions; authority of Commission; classes

of claims; rate of compensation; certification for payment;

persons entitled to payments; filing date; determination of

claims; fund for payment; appropriations

(1) As used in this subsection -

(A) the term "Vietnam conflict" relates to the period beginning

February 28, 1961, and ending on such date as shall thereafter be

determined by Presidential proclamation or concurrent resolution

of the Congress; and

(B) the term "prisoner of war" means any regularly appointed,

enrolled, enlisted, or inducted member of the Armed Forces of the

United States who was held as a prisoner of war for any period of

time during the Vietnam conflict by any force hostile to the

United States, except any such member who, at any time,

voluntarily, knowingly, and without duress, gave aid to

collaborated with, or in any manner served, such hostile force.

(2) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by any prisoner of war for compensation

for the failure of the hostile force by which he was held as a

prisoner of war, or its agents, to furnish him the quantity or

quality of food prescribed for prisoners of war under the terms of

the Geneva Convention of August 12, 1949. The compensation allowed

to any prisoner of war under the provisions of this paragraph shall

be at the rate of $2 for each day on which he was held as a

prisoner of war and on which such hostile force, or its agents,

failed to furnish him such quantity or quality of food.

(3) The Commission is authorized to receive and to determine,

according to law, the amount and validity and provide for the

payment of any claim filed by any prisoner of war for compensation

-

(A) for the failure of the hostile force by which he was held

as a prisoner of war, or its agents, to meet the conditions and

requirements prescribed under chapter VIII, section III, of the

Geneva Convention of August 12, 1949, relating to labor of

prisoners of war; or

(B) for inhumane treatment by the hostile force by which he was

held, or its agents. The term "inhumane treatment" as used in

this subparagraph shall include, but not be limited to, failure

of such hostile force, or its agents, to meet the conditions and

requirements of one or more of the provisions of articles 3, 12,

13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45, 46, 47, 48,

84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Geneva Convention of

August 12, 1949.

Compensation shall be allowed to any prisoner of war under this

paragraph at the rate of $3 per day for each day on which he was

held as a prisoner of war and with respect to which he alleges and

proves in a manner acceptable to the Commission the failure to meet

the conditions and requirements described in subparagraph (A) of

this paragraph or the inhumane treatment described in subparagraph

(B) of this paragraph. In no event shall the compensation allowed

to any prisoner of war under this paragraph exceed the sum of $3

with respect to any one day.

(4) Any claim allowed by the Commission under this subsection

shall be certified to the Secretary of the Treasury for payment out

of funds appropriated pursuant to this subsection and shall be paid

by the Secretary of the Treasury to the person entitled thereto,

and shall, in the case of death or determination of death of the

persons who are entitled, be paid only to or for the benefit of the

persons specified, and in the order established, by subsection

(d)(4) of this section.

(5) Each claim filed under this subsection must be filed not

later than three years from whichever of the following dates last

occurs:

(A) the date of enactment of this subsection [June 24, 1970];

(B) the date the prisoner of war by whom the claim is filed

returned to the jurisdiction of the Armed Forces of the United

States; or

(C) the date upon which the Department of Defense makes a

determination that the prisoner of war has actually died or is

presumed to be dead, in the case of any prisoner of war who has

not returned to the jurisdiction of the Armed Forces of the

United States.

The Commission shall complete its determinations 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.

(6) Any claim allowed under the provisions of this subsection

shall be paid from funds appropriated pursuant to paragraph (7) of

this subsection.

(7) There are authorized to be appropriated such amounts as may

be necessary to carry out the purposes of this subsection,

including necessary administrative expenses.

(g) Manner of payment

Where any person entitled to payment under this section is under

any legal disability, payment may be made in accordance with the

provisions of subsection (e) of section 5 [section 2004(e) of this

Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 6, 62 Stat. 1244; Sept. 30,

1950, ch. 1116, 64 Stat. 1090; Apr. 9, 1952, ch. 167, Sec. 1, 66

Stat. 47; Apr. 9, 1952, ch. 168, Sec. 2, 66 Stat. 49; Aug. 21,

1954, ch. 784, Sec. 2, 68 Stat. 761; Aug. 31, 1954, ch. 1162, title

I, Sec. 102(a)(1), 68 Stat. 1034; Pub. L. 87-846, title I, Sec.

102, Oct. 22, 1962, 76 Stat. 1107; Pub. L. 91-289, Secs. 1, 2, June

24, 1970, 84 Stat. 323.)

-MISC1-

AMENDMENTS

1970 - Subsec. (e)(1). Pub. L. 91-289, Sec. 2(1), defined

"prisoner of war" to include any person (military or civilian)

assigned to duty in the U.S.S. Pueblo who was captured by the

military forces of North Korea on January 23, 1968, and thereafter

held prisoner by Government of North Korea for any period of time

ending on or before December 23, 1968, and substituted "except any

person" for "except any such member".

Subsec. (e)(5)(D). Pub. L. 91-289, Sec. 2(2), added subpar. (D).

Subsecs. (f), (g). Pub. L. 91-289, Sec. 1, added subsec. (f) and

redesignated former subsec. (f) as (g).

1962 - Pub. L. 87-846 substituted "title" for "Act".

1954 - Subsecs. (c), (d)(4). Act Aug. 31, 1954, Sec. 102(a),

struck out "dependent" wherever appearing.

Subsec. (e). Act Aug. 21, 1954, Sec. 2(b), added subsec. (e).

Subsec. (f). Act Apr. 9, 1952, ch. 168, added subsec. as a second

subsec. (d) which was redesignated "(f)" by act Aug. 21, 1954, Sec.

2(a).

1952 - Subsec. (a). Act Apr. 9, 1952, ch. 167, inserted

"subsection (b) of" after "As used in".

Subsec. (c). Act Apr. 9, 1952, ch. 168, struck out "or to his

legal or natural guardian if he has one" after "person entitled

thereto".

Subsec. (d). Act Apr. 9, 1952, ch. 167, added subsec. (d).

Another subsec. (d), which was added by act Apr. 9, 1952, ch. 168,

was redesignated "(f)". See 1954 Amendment note above.

1950 - Subsec. (c)(4). Act Sept. 30, 1950, removed requirement of

dependency upon which parents were entitled to benefits.

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-MISC2-

COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR MEDAL WHO DID NOT

PREVIOUSLY RECEIVE COMPENSATION AS PRISONER OF WAR

Pub. L. 104-201, div. A, title VI, Sec. 656, Sept. 23, 1996, 110

Stat. 2584, provided that:

"(a) Authority To Make Payments. - The Secretary of the military

department concerned shall make payments in the manner provided in

section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) to

(or on behalf of) any person described in subsection (b) who

submits an application for such payment in accordance with

subsection (d).

"(b) Eligible Persons. - This section applies with respect to a

member or former member of the Armed Forces who -

"(1) has received the prisoner of war medal under section 1128

of title 10, United States Code; and

"(2) has not previously received a payment under section 6 of

the War Claims Act of 1948 (50 U.S.C. App. 2005) with respect to

the period of internment for which the person received the

prisoner of war medal.

"(c) Amount of Payment. - The amount of the payment to any person

under this section shall be determined based upon the provisions of

section 6 of the War Claims Act of 1948 that are applicable with

respect to the period of time during which the internment occurred

for which the person received the prisoner of war medal.

"(d) One-Year Period for Submission of Applications. - A payment

may be made by reason of this section only in the case of a person

who submits an application to the Secretary concerned for such

payment during the one-year period beginning on the date of the

enactment of this Act [Sept. 23, 1996]. Any such application shall

be submitted in such form and manner as the Secretary may require."

FILING DATE FOR CLAIMS OF NEW CLASS OF BENEFICIARIES

Persons entitled to benefits solely by reason of amendments made

to this section by section 102(a) of act Aug. 31, 1954, were

required to file claims within one year of Aug. 31, 1954, see

section 102(c) of act Aug. 31, 1954.

PRIOR BENEFITS AS AFFECTING RIGHTS

Section 102(b) of act Aug. 31, 1954, provided that the amendments

to sections 2004(d) and 2005(c), (d)(4) of this Appendix by section

102 of act Aug. 31, 1954, should not apply with respect to benefits

paid prior to Aug. 31, 1954.

TIME FOR FILING CLAIMS

Section 3 of act Apr. 9, 1952, ch. 167, as amended by act May 13,

1954, ch. 202, Sec. 1, 68 Stat. 97, provided that claims for

compensation under subsec. (d) of this section were to be filed on

or before Aug. 1, 1954.

Sections 2 and 3 of act May 13, 1954, provided:

"Sec. 2. The amendment made by this Act [amending section 3 of

act Apr. 9, 1952, ch. 167, by extending the time for filing claims

from one year after April 9, 1952 to August 1, 1954] shall not be

construed to extend the life of the War Claims Commission for any

period of time.

"Sec. 3. The amendment made by this Act shall take effect as of

April 9, 1953."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2006, 2007, 2014, 2016 of

this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2006 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2006. Religious organizations

-STATUTE-

(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 5 [section 2004 of this

Appendix]) 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 13 of

this title [section 2012 of this Appendix].

(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 5 and 6 of this title [sections 2004 and

2005 of this Appendix].

(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 [sections 1751 to 1806 of this Appendix].

(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 the date of enactment of this subsection

[Aug. 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.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 7, 62 Stat. 1245; Apr. 9,

1952, ch. 167, Sec. 2, 66 Stat. 48; Aug. 6, 1956, ch. 985, 70 Stat.

1063; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.

1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

1956 - Subsec. (h). Act Aug. 6, 1956, added subsec. (h).

1952 - Subsec. (a). Subsec. constituted entire section prior to

amendment by act Apr. 9, 1952.

Subsecs. (b) to (g). Act Apr. 9, 1952, added subsecs. (b) to (g).

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-MISC2-

TERMINATION OF PHILIPPINE WAR DAMAGE COMMISSION

The Philippine War Damage Commission established by section 1751

of this Appendix terminated under the provisions of subsec. (d) of

section 1751 which provided for the winding up of the Commission's

affairs not later than two years after expiration of time for

filing claims under former sections 1751 to 1763 of this Appendix

if possible but in no event later than Apr. 30, 1951.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2007 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2007 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2007. Commission's report on personal injury and property

claims to President; findings; recommendations; public property;

legislative effect

-STATUTE-

(a) The Commission shall inquire into and report to the

President, for submission of such report to the Congress on or

before March 31, 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 [sections 2001

to 2006 of this Appendix], 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.

(b) The report of the Commission shall contain recommendations

with respect to -

(1) categories and types of claims, if any, which should be

received and considered and the legal and equitable bases

therefor;

(2) the administrative method by which such claims should be

considered, and any priorities or limitations which should be

applicable; and

(3) any limitations which should be applied to the allowance

and payment of fees in connection with such claims.

(c) The Commission shall include in such report -

(1) such other recommendations as it deems appropriate; and

(2) such proposals for legislation as it deems appropriate for

carrying out the recommendations made in such report.

(d) Such report, with accompanying evidence, shall be printed as

a public document when received by the Congress.

(e) Nothing in this section shall be deemed to imply that the

Congress will enact legislation -

(1) adopting any recommendations made under this section with

respect to the consideration or payment of any type of claim; or

(2) making any moneys, including moneys remaining in the war

claims fund after the making of payments from such fund provided

for by this title [sections 2001 to 2016 of this Appendix],

available for the payment of such claims.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 8, 62 Stat. 1245; May 27,

1949, ch. 145, Sec. 1(2), 63 Stat. 112; Pub. L. 87-846, title I,

Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

1949 - Subsec. (a). Act May 27, 1949, extended until March 31,

1950, time within which Commission is required to file its reports

and recommendations.

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-End-

-CITE-

50 USC APPENDIX Sec. 2008 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2008. Reports to Congress

-STATUTE-

Not later than six months after its organization, and every six

months thereafter, the Commission shall make a report to the

Congress concerning its operations under this title [sections 2001

to 2016 of this Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 9, 62 Stat. 1246; Pub. L.

87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-STATAMEND-

ANNUAL SUBMISSION OF REPORTS

Pub. L. 89-348, Sec. 2(6), Nov. 8, 1965, 79 Stat. 1312, modified

the provisions of this section, beginning Jan. 1, 1967, to require

annual instead of semiannual submission to Congress by Foreign

Claims Settlement Commission of report concerning its operations

under War Claims Act of 1948.

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-MISC2-

MALNUTRITION STUDY; DEFINITIONS; REPORT TO CONGRESS

Act Aug. 31, 1954, ch. 1162, title II, Secs. 201-203, 68 Stat.

1037, defined terms "prisoner of war" and "civilian American

citizen" and directed Secretary of Health, Education, and Welfare

to conduct malnutrition study and report results thereof, not later

than Aug. 31, 1955, to President for transmittal to Congress.

-End-

-CITE-

50 USC APPENDIX Sec. 2009 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2009. Fee limitation for representing claimants; penalties

-STATUTE-

No remuneration on account of services rendered or to be rendered

to or on behalf of any claimant in connection with any claim filed

with the administering agency under this title [sections 2001 to

2016 of this Appendix] shall exceed 10 per centum (or such lesser

per centum as may be fixed by the administering agency with respect

to any class of claims) of the amount allowed by the administering

agency on account of such claim. Any agreement to the contrary

shall be unlawful and void. Whoever, in the United States or

elsewhere, pays or offers to pay, or promises, to pay, or receives,

on account of services rendered or to be rendered in connection

with any such claim, any remuneration in excess of the maximum

permitted by this section, shall be deemed guilty of a misdemeanor,

and, upon conviction thereof, shall be fined not more than $5,000

or imprisoned not more than twelve months, or both, and, if any

such payment shall have been made or granted, the administering

agency shall take such action as may be necessary to recover the

same, and, in addition thereto any such claimant shall forfeit all

rights under this title [said sections].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 10, 62 Stat. 1246; Pub. L.

87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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, Secs.

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 2001 of this Appendix and notes thereunder.

-End-

-CITE-

50 USC APPENDIX Sec. 2010 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2010. Hearings on claims; finality of decision

-STATUTE-

The Commission shall notify all claimants of the approval or

denial of their claims, and, if approved, shall notify such

claimants of the amount for which such claims are approved. Any

claimant whose claim is denied, or is approved for less than the

full allowable amount of such claim, shall be entitled, under such

regulations as the Commission may prescribe, to a hearing before

the Commission or its representatives with respect to such claim.

Upon such hearing, the Commission may affirm, modify, or revise its

former action with respect to such claim, including a denial or

reduction in the amount theretofore allowed with respect to such

claim. The action of the Commission in allowing or denying any

claim under this title [sections 2001 to 2016 of this Appendix]

shall be final and conclusive on 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 the Comptroller General

is authorized and directed to allow credit in the accounts of any

certifying or disbursing officer for payments in accordance with

such action.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 11, 62 Stat. 1246; Pub. L.

87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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 68 Reorg. Plan No. 1 of 1954,

Secs. 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 2001 of this Appendix and notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2017n of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2011 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2011. Omitted

-COD-

CODIFICATION

Section, act July 3, 1948, ch. 826, title I, Sec. 12, 62 Stat.

1246, enacted section 39 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2012 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2012. War Claims Fund

-STATUTE-

(a) Composition; expenditure

There is hereby created on the books of the Treasury of the

United States a trust fund to be known as the War Claims Fund. The

War Claims Fund shall consist of all sums covered into the Treasury

pursuant to the provisions of section 39 of the Trading With the

Enemy Act of October 6, 1917, as amended [section 39 of this

Appendix]. The moneys in such fund shall be available for

expenditure only as provided in this Act [sections 2001 to 2017p of

this Appendix] or as may be provided hereafter by the Congress.

(b) Estimation and certification to Treasury of total amount

necessary under section 2004(f)

Before August 1, 1956, the Secretary of Labor shall estimate and

report to the President the total amount which will be required to

pay all benefits payable by reason of section 5(f) of this title

[section 2004(f) of this Appendix]. If the President approves the

amount so estimated as reasonably accurate, the total amount so

estimated and approved shall be certified to the Secretary of the

Treasury; if the President does not so approve he shall determine

such amount, and the amount so determined shall be certified to the

Secretary of the Treasury. Such certification shall be made on or

before September 1, 1956. The Secretary of the Treasury shall then

transfer from the War Claims Fund to the general fund of the

Treasury a sum equal to the total amount certified to him under

this subsection.

(c) Estimation and certification to Treasury of total amount

necessary under section 2003(c)

Before August 1, 1956, the Secretary of Labor shall estimate and

report to the President the total amount which will be required to

pay all additional benefits payable as a result of the enactment of

section 4(c) of this title [section 2003(c) of this Appendix]. If

the President approves the amount so estimated as reasonably

accurate, the total amount so estimated and approved shall be

certified to the Secretary of the Treasury; if the President does

not so approve, he shall determine such amount, and the amount so

determined shall be certified to the Secretary of the Treasury.

Such certification shall be made on or before September 1, 1956.

The Secretary of the Treasury shall then transfer from the War

Claims Fund to the general fund of the Treasury a sum equal to the

total amount certified to him under this subsection.

(d) Certification to Treasury of total canceled obligations under

section 2003(b)(1)

On or before August 1, 1956, the Secretary of State is authorized

and directed to certify to the Secretary of the Treasury the total

amount of all obligations canceled pursuant to the provisions of

section 4(b)(1) of this title [section 2003(b)(1) of this

Appendix]. The Secretary of the Treasury shall transfer from the

war claims fund to the general fund of the Treasury an amount equal

to the total amount so certified.

(e) Authorization of appropriations for Commission's work

There are hereby authorized to be appropriated, out of any money

in the war claims fund, such sums as may be necessary to enable the

Commission to carry out its functions under this title [sections

2001 to 2016 of this Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 13, 62 Stat. 1247; 1950

Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64

Stat. 1271; Aug. 31, 1954, ch. 1162, title I, Sec. 104, 68 Stat.

1036; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.

1107.)

-REFTEXT-

REFERENCES IN TEXT

Section 4(c) of this title, referred to in subsec. (c), which

amended section 1702 of Title 42, The Public Health and Welfare,

was classified to section 2003(c) of this Appendix, and was omitted

from the Code.

-MISC1-

AMENDMENTS

1962 - Subsecs. (b) to (e). Pub. L. 87-846 substituted "title"

for "Act".

1954 - Subsec. (b). Act Aug. 31, 1954, Sec. 104(a), provided that

President may approve or disapprove of Secretary of Labor's

estimate, and if he disapproves he shall estimate total amount of

claims under section 2004(f) of this Appendix, and provided that

all transfers which are to be made from the War Claims Fund to the

Treasury general fund shall be made before Aug. 1, 1956.

Subsec. (c). Act Aug. 31, 1954, Sec. 104(a), provided that

President may approve or disapprove Secretary of Labor's estimate,

and if he disapproves he shall estimate total amount of claims

under section 2003 (c) of this Appendix, and provided that all

transfers which are to be made from War Claims Fund to Treasury

general fund shall be made before Aug. 1, 1956.

Subsec. (d). Act Aug. 31, 1954, Sec. 104(b), inserted "on or

before August 1, 1956" before "Secretary of State".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Labor" substituted for "Federal Security

Administrator" in subsecs. (b) and (c) pursuant to Reorg. Plan No.

19 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271,

set out in the Appendix to Title 5, Government Organization and

Employees, which transferred functions of Federal Security

Administrator and Federal Security Agency under this section to

Secretary of Labor with power to delegate.

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, Secs.

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 2001 of this Appendix and notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40, 2003, 2004, 2005,

2006, 2014, 2015, 2016 of this Appendix; title 22 section 1641c.

-End-

-CITE-

50 USC APPENDIX Sec. 2012a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2012a. Omitted

-COD-

CODIFICATION

Section, act June 29, 1955, ch. 226, title I, 69 Stat. 195, which

placed a limitation on funds used for payment of claims, was from

the General Government Matters Appropriation Act, 1956, and was not

repeated in subsequent appropriation acts. Similar provisions were

contained in the following prior appropriation acts:

1954 - June 24, 1954, ch. 359, title I, 68 Stat. 293.

1953 - July 31, 1953, ch. 302, title I, 67 Stat. 312.

1952 - July 5, 1952, ch. 578, title I, 66 Stat. 410.

1951 - Aug. 31, 1951, ch. 376, title I, 65 Stat. 282.

1950 - Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 720.

-End-

-CITE-

50 USC APPENDIX Sec. 2013 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2013. Payments to certain members of religious orders

-STATUTE-

In any case in which any money is payable as a result of the

enactment of this title [sections 2001 to 2016 of this Appendix] to

any person who is prevented from accepting such money by the rules,

regulations, or customs of the church or the religious order or

organization of which he is a member, such money shall be paid,

upon the request of such person, to such church or to such

religious order or organization.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 14, 62 Stat. 1247; Pub. L.

87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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 of Commission and of members, officers, and

employees thereof transferred to Foreign Claims Settlement

Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.

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 2001 of this Appendix and notes thereunder.

-End-

-CITE-

50 USC APPENDIX Sec. 2014 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2014. United States citizens serving in allied forces

-STATUTE-

(a) Right to compensation

The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim for compensation filed by or on behalf of any

individual who, being then an American citizen, served in the

military or naval forces of any government allied with the United

States during World War II who was held as a prisoner of war for

any period of time subsequent to December 7, 1941, by any

government of any nation with which such allied government has been

at war subsequent to such date. Compensation shall be payable under

this section in accordance with the standards established by, and

at the rates prescribed in, subsection (b) of section 6 of this

title [section 2005(b) of this Appendix], and paragraphs (2) and

(3) of subsection (d) of such section 6 [section 2005(d) (2), (3)

of this Appendix].

(b) Deductions

The amount payable under this section shall be reduced by such

sum as the individual entitled to compensation under this section

has received or is entitled to receive from any government by

reason of the same detention.

(c) Payments on death

In the event of death of the individual entitled to compensation

under this section, payment may be made to the persons specified in

paragraph (4) of subsection (d) of section 6 of this title [section

2005(d)(4) of this Appendix].

(d) Filing date for claims

Claims for benefits under this section must be filed within one

year after the date of enactment of this section [Aug. 31, 1954].

(e) Certification of claim for payment

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 13 of this title [section

2012 of this Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 15, as added Aug. 31, 1954,

ch. 1162, title I, Sec. 103, 68 Stat. 1034; amended Pub. L. 87-846,

title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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.

-End-

-CITE-

50 USC APPENDIX Sec. 2015 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2015. Detention benefits to merchant seamen

-STATUTE-

(a) "Merchant seaman" defined

As used in this section, the term "merchant seaman" means any

individual who was employed as a seaman or crew member on any

vessel registered under the laws of the United States, or under the

laws of any government friendly to the United States during World

War II, and who was a citizen of the United States on and after

December 7, 1941, to the date of his death or the date of filing

claim under this section; except any such individual who is

entitled to, or who has received, benefits under section 5 of this

title [section 2004 of this Appendix] as a "civilian American

citizen".

(b) Determination of claim; rate of payment

The Commission is authorized to receive and determine, according

to law, the amount and validity, and provide for the payment of any

claim for detention benefits filed by or on behalf of any merchant

seaman who, being then a merchant seaman, was captured or interned

or held by the Government of Germany or the Imperial Japanese

Government, its agent or instrumentalities in World War II for any

period of time subsequent to December 7, 1941, during which he was

held by either such government as a prisoner, internee, hostage, or

in any other capacity. Detention benefits shall be paid under this

section at the rates prescribed and in the manner provided in

subsections (c) and (d) of section 5 of this title [section

2004(c), (d) of this Appendix].

(c) Collaborationists excluded

Payment of any claim filed under this section shall not be made

to any merchant seaman, or to any survivor or survivors thereof,

who, voluntarily, knowingly, and without duress, gave aid to or

collaborated with or in any manner served any government hostile to

the United States during World War II.

(d) Time of filing claim

Claims for benefits under this section must be filed within one

year after the date of enactment of this section [Aug. 31, 1954].

(e) Certification of claim for payment

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 13 of this title [section

2012 of this Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 16, as added Aug. 31, 1954,

ch. 1162, title I, Sec. 103, 68 Stat. 1034; amended Pub. L. 87-846,

title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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.

-End-

-CITE-

50 USC APPENDIX Sec. 2016 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE I

-HEAD-

Sec. 2016. Philippines

-STATUTE-

(a) Losses by individual from sequestered credits; loss by banks or

other financial institutions

(1) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by -

(A) any individual who -

(i) on or after December 7, 1941, was a member of the

military or naval forces of the United States;

(ii) is the survivor of any deceased individual described in

subparagraph (i);

(iii) was a national of the United States on December 7,

1941, and is a national of the United States on the date of

enactment of this section [Aug. 31, 1954]; or

(iv) is the survivor of any deceased individual who was a

national of the United States on December 7, 1941, and would be

a national of the United States on the date of enactment of

this section [Aug. 31, 1954] if living; or

(B) any partnership, firm, corporation, or other legal entity,

in which more than 50 per centum of the ownership was vested,

directly or indirectly, both on December 7, 1941, and on the date

of enactment of this section [Aug. 31, 1954], in individuals

referred to in subparagraph (A) of this paragraph;

for losses arising as a result of the sequestration of accounts,

deposits, or other credits of such individual or legal entity in

the Philippines by the Imperial Japanese Government.

(2) The Commission is authorized to receive and to determine,

according to law, the amount and validity, and provide for the

payment of any claim filed by any bank or other financial

institution doing business in the Philippines which reestablished

sequestered accounts, deposits, or other credits of -

(A) any individual referred to in subparagraph (A) of paragraph

(1) of this subsection; or

(B) any partnership, firm, corporation, or other legal entity,

in which more than 50 per centum of the ownership was vested,

directly or indirectly, both on December 7, 1941, and on the date

of reestablishment of such sequestered credits, in individuals

referred to in such subparagraph (A);

for reimbursement of the amounts of such sequestered credits paid

by such bank or financial institution.

(b) Filing date for claims

Claims must be filed under this section within one year after the

date of enactment of this section [Aug. 31, 1954].

(c) Death or legal disability as affecting payments

Where any individual entitled to payment under this section is

under any legal disability, payment may be made in accordance with

the provisions of subsection (e) of section 5 of this title

[section 2004(e) of this Appendix]. In the case of the death of any

individual entitled to payment of any claim under this section,

payment of such claim shall be made to the individuals specified,

and in the order provided, in subsection (d) of section 6 of this

title [section 2005(d) of this Appendix]; except that no payment

shall be made under this section to any individual who voluntarily,

knowingly, and without duress, gave aid to or collaborated with or

in any manner served any government hostile to the United States

during World War II.

(d) Certification of claims for payment

Each claim allowed under this section shall be certified to the

Secretary of the Treasury for payment out of the War Claims Fund

established under section 13 of this title [section 2012 of this

Appendix]. The Secretary of the Treasury shall pay such claims as

follows:

(1) In the case of each claim allowed in an amount equal to or

less than $500, such claim shall be paid in full; and

(2) In the case of each claim allowed in an amount greater than

$500, such claim shall be paid in two installments. The first

installment shall be paid in an amount equal to $500 plus 66 2/3

per centum of the amount of such claim allowed in excess of $500.

The last installment shall be computed as of September 1, 1956,

under the next sentence of this paragraph, and, as so computed,

shall be paid from the sums remaining in the War Claims Fund on

that date. If the sums remaining in the War Claims Fund on

September 1, 1956, are sufficient to satisfy all claims allowed

under this section and not paid in full, the unpaid portion of

each such claim shall be paid in full; if the sums remaining in

the War Claims Fund on September 1, 1956, are not sufficient to

satisfy all claims allowed under this section and not paid in

full, the last installment payable on each such claim shall be

reduced ratably, and, as so reduced, shall be paid from the War

Claims Fund.

-SOURCE-

(July 3, 1948, ch. 826, title I, Sec. 17, as added Aug. 31, 1954,

ch. 1162, title I, Sec. 103, 68 Stat. 1035; amended Pub. L. 87-846,

title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 substituted "title" for "Act".

-TRANS-

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.

-End-

-CITE-

50 USC APPENDIX TITLE II 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

TITLE II

-MISC1-

TITLE II OF ACT

Section 103 of Pub. L. 87-846, Oct. 22, 1962, 76 Stat. 1107,

added sections 201 to 217 of act July 3, 1948, as amended [sections

2017 to 2017p of this Appendix], as title II.

-End-

-CITE-

50 USC APPENDIX Sec. 2017 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017. Definitions

-STATUTE-

As used in this title [sections 2017 to 2017p of this Appendix]

the term or terms -

(a) "Albania", "Austria", "Czechoslovakia", "the Free Territory

of Danzig", "Estonia", "Germany", "Greece", "Latvia", "Lithuania",

"Poland", and "Yugoslavia", when used in their respective

geographical senses, mean the territorial limits of each such

country or free territory, as the case may be, in continental

Europe as such limits existed on December 1, 1937.

(b) "Commission" means the Foreign Claims Settlement Commission

of the United States established pursuant to Reorganization Plan

Numbered 1 of 1954 (68 Stat. 1279).

(c) "National of the United States" means (1) a natural person

who is a citizen of the United States, (2) a natural person who,

though not a citizen of the United States, owes permanent

allegiance to the United States, and (3) a corporation,

partnership, unincorporated body, or other entity, organized under

the laws of the United States, or of any State, the Commonwealth of

Puerto Rico, the District of Columbia, or any possession of the

United States and in which more than 50 per centum of the

outstanding capital stock or other proprietary or similar interest

is owned, directly or indirectly, by persons referred to in clauses

(1) and (2) of this subsection. It does not include aliens.

(d) "Property" means real property and such items of tangible

personalty as can be identified and evaluated.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 201, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1107.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279), referred

to in subsec. (b), is set out in the Appendix to Title 5,

Government Organization and Employees.

-MISC1-

SEPARABILITY

Section 301 of Pub. L. 87-846 provided that: "If any provision of

this Act [enacting sections 41, 42, and 2017 to 2017p of this

Appendix, amending sections 9, 32, 33, 39, 2001, 2003 to 2010,

2012, and 2013 to 2016 of this Appendix, and exacting provisions

set out as notes under this section and section 2001 of this

Appendix], or the application thereof to any person or

circumstances, shall be held invalid, the remainder of this Act, or

the application of such provisions to other persons or

circumstances, shall not be affected."

-TRANS-

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.

-End-

-CITE-

50 USC APPENDIX Sec. 2017a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017a. Claims authorized

-STATUTE-

The Commission is directed to receive and to determine according

to the provisions of this title [sections 2017 to 2017p of this

Appendix] the validity and amount of claims of nationals of the

United States for -

(a) loss or destruction of, or physical damage to, property

located in Albania, Austria, Czechoslovakia, the Free Territory

of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland,

or Yugoslavia, or in territory which was part of Hungary or

Rumania on December 1, 1937, but which was not included in such

countries on September 15, 1947, which loss, destruction, or

physical damage occurred during the period beginning September 1,

1939, and ending May 8, 1945, or which occurred in the period

beginning July 1, 1937, and ending September 2, 1945, to property

in territory occupied or attacked by the Imperial Japanese

military forces (including territory to which Japan has renounced

all right, title, and claim under article 2 of the Treaty of

Peace Between the Allied Powers and Japan) except the island of

Guam: Provided, That claims for loss, destruction, or damage

occurring in the Commonwealth of the Philippines shall not be

allowed except on behalf of nationals of the United States who

have received no payment, and certify under oath or affirmation

that they have received no payment, on account of the same loss,

destruction, or damage under the Philippine Rehabilitation Act of

1946 [sections 1751 to 1806 of this Appendix], whether or not

claim was filed thereunder: Provided further, That such loss,

destruction, or damage must have occurred, as a direct

consequence of (1) military operations of war or (2) special

measures directed against property in such countries or

territories during the respective periods specified, because of

the enemy or alleged enemy character of the owner, which property

was owned, directly or indirectly, by a national of the United

States at the time of such loss, damage or destruction;

(b) damage to, or loss or destruction of, ships or ship cargoes

directly or indirectly owned by a national of the United States

at the time such damage, loss, or destruction occurred, which was

a direct consequence of military action by Germany or Japan

during the period beginning September 1, 1939, and ending

September 2, 1945; no award shall be made under this subsection

in favor of any insurer or reinsurer as assignee or otherwise as

successor in interest to the right of the insured;

(c) net losses under war-risk insurance or reinsurance policies

or contracts, incurred in the settlement of claims for insured

losses of ships directly or indirectly owned by a national of the

United States at the time of the loss, damage, or destruction of

such ships and at the time of the settlement of such claims,

which insured losses were a direct consequence of military action

by Germany or Japan during the period beginning September 1,

1939, and ending September 2, 1945; such net losses shall be

determined by deducting from the aggregate of all payments made

in the settlement of such insured losses the aggregate of the net

amounts received by any such insurance companies on all policies

of contracts of war-risk insurance or reinsurance on ships under

which the insured was a national of the United States, after

deducting expenses; and

(d) loss or damage on account of -

(1) the death of any person who, being then a civilian

national of the United States and a passenger on any vessel

engaged in commerce on the high seas, died or was killed as a

result of military action by Germany or Japan which occurred

during the period beginning September 1, 1939, and ending

December 11, 1941; awards under this paragraph shall be made

only to or for the benefit of the following persons in the

order of priority named:

(A) widow or husband if there is no child or children of

the deceased;

(B) widow or husband and child or children of the deceased,

one-half to the widow or husband and the other half to the

child or children of the deceased in equal shares;

(C) child or children of the deceased (in equal shares) if

there is no widow or husband; and

(D) parents of the deceased (in equal shares) if there is

no widow, husband, or child;

(2) injury or permanent disability sustained by any person,

who being then a civilian national of the United States and a

passenger on any vessel engaged in commerce on the high seas,

was injured or permanently disabled as a result of military

action by Germany or Japan which occurred during the period

beginning September 1, 1939, and ending December 11, 1941;

awards under this paragraph shall be payable solely to the

person so injured or disabled;

(3) the loss or destruction, as a result of such action, of

property on such vessel, as determined by the Commission to be

reasonable, useful, necessary, or proper under the

circumstances, which property was owned by any civilian

national of the United States who was then a passenger on such

vessel; and in the case of the death of any person suffering

such loss, awards under this paragraph shall be made only to or

for the benefit of the persons designated in paragraph (1) of

this subsection and in the order of priority named therein.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 202, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1107.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2017b, 2017c, 2017d,

2017h, 2017k, 2017l of this Appendix; title 22 section 1641c.

-End-

-CITE-

50 USC APPENDIX Sec. 2017b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017b. Transfers and assignments

-STATUTE-

The transfer or assignment for value of any property forming the

subject matter of a claim under subsection (a) or (b) of section

202 [section 2017a of this Appendix] subsequent to its damage,

loss, or destruction shall not operate to extinguish any claim of

the transferor otherwise compensable under either of such

subsections. If a claim which could otherwise be allowed under

subsection (a) or (b) of section 202 [section 2017a of this

Appendix] has been assigned for value prior to the enactment of

this title [Oct. 22, 1962], the assignee shall be the party

entitled to claim thereunder.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 203, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017c 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017c. Nationality of claimants

-STATUTE-

No claim shall be allowed under subsection (a), (b), or (c) of

section 202 of this title [section 2017a of this Appendix] unless

the property upon which it is based was owned by a national or

nationals of the United States on the date of loss, damage, or

destruction and unless the claim was owned by a national or

nationals of the United States continuously thereafter until the

date of filing with the Commission pursuant to this title [sections

2017 to 2017p of this Appendix]. Where any person who lost United

States citizenship solely by reason of marriage to a citizen or

subject of a foreign country reacquired such citizenship before the

date of enactment of this title [Oct. 22, 1962], then if such

individual, but for such marriage would have been a national of the

United States at all times on and after the date of such loss,

damage, or destruction until the filing of the claim, such

individual shall be treated for all purposes of this title

[sections 2017 to 2017p of this Appendix] as having been a national

of the United States at all such times.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 204, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017d 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017d. Claims of stockholders

-STATUTE-

(a) A claim under section 202 of this title [section 2017a of

this Appendix] based upon an ownership interest in any corporation,

association, or other entity which is a national of the United

States shall be denied.

(b) A claim under section 202 of this title [section 2017a of

this Appendix], based upon a direct ownership interest in a

corporation, association, or other entity which suffered a loss

within the meaning of said section, shall be allowed, subject to

other provisions of this title [sections 2017 to 2017p of this

Appendix], if such corporation, association, or other entity on the

date of the loss was not a national of the United States, without

regard to the per centum of ownership vested in the claimant in any

such claim.

(c) A claim under section 202 of this title [section 2017a of

this Appendix], based upon an indirect ownership interest in a

corporation, association, or other entity which suffered a loss

within the meaning of said section, shall be allowed, subject to

other provisions of this title [sections 2017 to 2017p of this

Appendix], only if at least 25 per centum of the entire ownership

interest thereof at the time of such loss was vested in nationals

of the United States.

(d) Any award on a claim under subsection (b) or (c) of this

section shall be calculated on the basis of the total loss suffered

by such corporation, association, or other entity, and shall bear

the same proportion to such loss as the ownership interest of the

claimant bears to the entire ownership interest thereof.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 205, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017e 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017e. Deductions in making awards

-STATUTE-

(a) In determining the amount of any award there shall be

deducted all amounts the claimant has received on account of the

same loss or losses with respect to which an award is made under

this title [sections 2017 to 2017p of this Appendix].

(b) Each claim in excess of $10,000 filed under this title

[sections 2017 to 2017p of this Appendix] by a corporation shall

include a statement under oath disclosing the aggregate amount of

Federal tax benefits derived by such corporation in any prior

taxable year or years resulting from any deduction or deductions

claimed for the loss or losses with respect to which such claim is

filed. In determining the amount of any award where the allowable

loss exceeds $10,000 there shall be deducted an amount equal to the

aggregate amount of Federal tax benefits so derived by the

claimant. For the purposes of this subsection, such Federal tax

benefits shall be the aggregate of the amounts by which the

claimant's taxes for such year or years under chapters 1, 2A, 2B,

2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of

the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] were

decreased with respect to such loss or losses. Any payments made on

an award reduced by reason of this subsection shall be exempt from

Federal income taxes.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 206, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110; amended

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1939, referred to in text, was

generally repealed by section 7851 of the Internal Revenue Code of

1986, Title 26. For table of comparisons of the 1939 Code to the

1986 Code, see Table I preceding section 1 of Title 26, Internal

Revenue Code. See, also, section 7852(b) of Title 26 for provision

that references in any other law to a provision of the 1939 Code,

unless expressly incompatible with the intent thereof, shall be

deemed a reference to the corresponding provision of the 1986 Code.

Chapter 1 of the Internal Revenue Code of 1939, referred to in

subsec. (b), was comprised of sections 1 to 482 of former Title 26,

Internal Revenue Code. Section 14 of former Title 26 was repealed

by act Oct. 20, 1951, ch. 521, title I, pt. II, Sec. 121(g), 65

Stat. 469. Sections 34 and 185 of former Title 26 were repealed by

act Feb. 25, 1944, ch. 63, title I, Secs. 106(c)(2), 107(a), 58

Stat. 31. Sections 264 and 363 of former Title 26 were repealed by

act Oct. 21, 1942, ch. 619, title I, Secs. 159(e), 170(a), 56 Stat.

860, 878. Sections 430 to 474 of former Title 26 were omitted from

the Code, and subsequently, along with the remaining sections of

former Title 26 comprising chapter 1, except sections 143 and 144,

were repealed by sections 7851(a)(1)(A) of Title 26, Internal

Revenue Code. Sections 143 and 144 of former Title 26 were repealed

by section 7851(a)(1)(B) of Title 26.

Chapter 2A of the Internal Revenue Code of 1939, referred to in

subsec. (b), was comprised of sections 500 to 511 of former Title

26, Internal Revenue Code. Sections 500 to 511 were repealed by

section 7851(a)(1)(A) of Title 26, Internal Revenue Code.

Chapter 2B of the Internal Revenue Code of 1939, referred to in

subsec. (b), was comprised of sections 600 to 605 of former Title

26, Internal Revenue Code. Sections 600 to 605 were repealed by act

Nov. 8, 1945, ch. 453, title II, Sec. 202, 59 Stat. 574, eff. with

respect to taxable years ending June 30, 1946.

Chapter 2D of the Internal Revenue Code of 1939, referred to in

subsec. (b), was comprised of sections 700 to 706 of former Title

26, Internal Revenue Code. Sections 700 to 716 were repealed by

section 7851(a)(1)(A) of Title 26, Internal Revenue Code.

Chapter 2E of the Internal Revenue Code of 1939, referred to in

subsec. (b), was comprised of sections 710 to 784 of former Title

26, Internal Revenue Code. Sections 710 to 736, 740, 742 to 744,

750, 751, 760, 761 and 780 to 784 were repealed by act Nov. 8,

1945, ch. 453, title I, Sec. 122(a), 59 Stat. 568. Section 741 was

repealed by act Oct. 21, 1942, ch. 619, title II, Secs. 224(b),

228(b), 56 Stat. 920, 925. Section 752 was repealed by act Oct. 21,

1942, ch. 619, title II, Sec. 229(a)(1), 56 Stat. 931, eff. as of

Oct. 8, 1940.

Subtitle A of the Internal Revenue Code of 1986, referred to in

subsec. (b), is subtitle A of act Aug. 16, 1954, ch. 736, 68A Stat.

4, as amended, which comprises subtitle A (Sec. 1 et seq.) of Title

26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

-End-

-CITE-

50 USC APPENDIX Sec. 2017f 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017f. Consolidated awards

-STATUTE-

With respect to any claim which, at the time of the award, is

vested in persons other than the person by whom the loss was

sustained, the Commission may issue a consolidated award in favor

of all claimants then entitled thereto, which award shall indicate

the respective interests of such claimant therein; and all such

claimants shall participate, in proportion to their indicated

interests, in the payments authorized by this title [sections 2017

to 2017p of this Appendix] in all respects as if the award had been

in favor of a single person.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 207, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017g 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017g. Certain awards prohibited

-STATUTE-

No award shall be made under this title [sections 2017 to 2017p

of this Appendix] to or for the benefit of (1) any person who has

been convicted of a violation of any provision of chapter 115,

title 18, United States Code, or of any other crime involving

disloyalty to the United States, or (2) any claimant whose claim

under this title [said sections] is within the scope of title III

of the International Claims Settlement Act of 1949, as amended (69

Stat. 570) [22 U.S.C. 1641 et seq.], except any claimant whose

award under section 303(1) of title III of the International Claims

Settlement Act of 1949, as amended [22 U.S.C. 1641b(1)], is

recertified pursuant to subsection (b) of section 209 of this title

[section 2017h of this Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 208, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110.)

-REFTEXT-

REFERENCES IN TEXT

The International Claims Settlement Act of 1949, as amended,

referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as

amended. Title III of the International Claims Settlement Act of

1949, as amended (69 Stat. 570) is classified generally to

subchapter III (Sec. 1641 et seq.) of chapter 21 of Title 22,

Foreign Relations and Intercourse. For complete classification of

this Act to the Code, see Short Title note set out under section

1621 of Title 22 and Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 2017h 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017h. Certification of awards

-STATUTE-

(a) The Commission shall certify to the Secretary of the

Treasury, in terms of United States currency, for payment out of

the War Claims Fund each award made pursuant to section 202

[section 2017a of this Appendix].

(b) The Commission shall recertify to the Secretary of the

Treasury, in terms of United States currency, for payment out of

the War Claims Fund, awards heretofore made with respect to claims

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)]. Nothing contained in this subsection shall be

construed as authorizing the filing of new claims against Hungary.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 209, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2017g, 2017l of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2017i 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017i. Claim filing period

-STATUTE-

Within sixty days after the enactment of this title [Oct. 22,

1962] or of legislation making appropriations to the Commission for

payment of administrative expenses incurred in carrying out its

functions under this title [sections 2017 to 2017p of this

Appendix], whichever date is later, the Commission shall give

public notice by publication in the Federal Register of the time

when, and the limit of time within which claims may be filed, which

limit shall not be more than eighteen months after such

publication.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 210, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)

-MISC1-

PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN

FEDERAL REGISTER

Notwithstanding the provisions of this section and section 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 section 2017l of this Appendix. 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.

-End-

-CITE-

50 USC APPENDIX Sec. 2017j 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017j. Claims settlement period

-STATUTE-

The Commission shall complete its affairs in connection with the

settlement of claims pursuant to this title [sections 2017 to 2017p

of this Appendix] not later than four years following the enactment

of legislation making appropriations to the Commission for payment

of administrative expenses incurred in carrying out its functions

under this title [said sections].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 211, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)

-MISC1-

PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN

FEDERAL REGISTER

Notwithstanding the provisions of this section and section 2017i

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 section 2017l of this Appendix. 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.

-End-

-CITE-

50 USC APPENDIX Sec. 2017k 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017k. Notification to claimants

-STATUTE-

Each award or denial of a claim by the Commission whether

rendered before or after a hearing, shall include a specific

statement of the facts and of the reasoning of the Commission in

support of its conclusion.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 212, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017l 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017l. Payment of awards; priorities; limitations

-STATUTE-

(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].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 213, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111; amended

Pub. L. 91-571, Sec. 1(a), Dec. 24, 1970, 84 Stat. 1503; Pub. L.

104-316, title I, Sec. 128(b), Oct. 19, 1996, 110 Stat. 3841.)

-REFTEXT-

REFERENCES IN TEXT

The Small Business Act, as amended, referred to in subsec.

(a)(1), is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended,

which is classified generally to chapter 14A (Sec. 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.

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-316 substituted "Secretary of the

Treasury" for "Comptroller General".

1970 - Subsec. (a)(1). Pub. L. 91-571, Sec. 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, Sec. 1(a)(2), added par. (3)

and redesignated former par. (3) as (4).

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

Section 1(b) of Pub. L. 91-571 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."

-End-

-CITE-

50 USC APPENDIX Sec. 2017m 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017m. Fees of attorneys and agents

-STATUTE-

No remuneration on account of services rendered on behalf of any

claimant in connection with any claim filed with the Commission

under this title [sections 2017 to 2017p of this Appendix] shall

exceed 10 per centum (or such lesser per centum as may be fixed by

the Commission with respect to any class of claims) of the total

amount paid pursuant to any award certified under the provisions of

this title [said sections] on account of such claim. Any agreement

to the contrary shall be unlawful and void. Whoever, in the United

States or elsewhere, demands or receives, on account of services so

rendered, any remuneration in excess of the maximum permitted by

this section shall be guilty of a misdemeanor and, upon conviction

thereof, shall be fined not more than $5,000 or imprisoned not more

than twelve months, or both.

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 214, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1112.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017n 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017n. Application of other laws

-STATUTE-

To the extent they are not inconsistent with the provisions of

this title [sections 2017 to 2017p of this Appendix], the following

provisions of title I of this Act [sections 2001 to 2016 of this

Appendix] and title I of the International Claims Settlement Act of

1949, as amended [22 U.S.C. 1621 et seq.], shall apply to this

title [sections 2017 to 2017p of this Appendix]: The first sentence

of subsection (b) of section 2 [section 2001 of this Appendix], all

of subsection (c) of section 2 [section 2001 of this Appendix] and

section 11 [section 2010 of this Appendix] of title I of this Act,

and subsections (c), (d), (e), and (f) of section 7 of the

International Claims Settlement Act of 1949, as amended [22 U.S.C.

1626].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 215, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1112.)

-REFTEXT-

REFERENCES IN TEXT

The International Claims Settlement Act of 1949, as amended,

referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as

amended. Title I of that Act is classified generally to subchapter

I (Sec. 1621 et seq.) of chapter 21 of Title 22, Foreign Relations

and Intercourse. For complete classification of this Act to the

Code, see Short Title note set out under section 1621 of Title 22

and Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 2017o 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017o. Transfer of records

-STATUTE-

The Secretary of State is authorized and directed to transfer or

otherwise make available to the Commission such records and

documents relating to claims authorized by this title [sections

2017 to 2017p of this Appendix] as may be required by the

Commission in carrying out its functions under this title [said

sections].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 216, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1113.)

-End-

-CITE-

50 USC APPENDIX Sec. 2017p 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WAR CLAIMS

ACT JULY 3, 1948, CH. 826, 62 STAT. 1240

TITLE II

-HEAD-

Sec. 2017p. Administrative expenses

-STATUTE-

There are authorized to be appropriated out of any moneys in the

Treasury not otherwise appropriated such sums as may be necessary

(but not to exceed the total covered into the Treasury to the

credit of miscellaneous receipts under section 39 subsection (d)

(!1) of the Trading With the Enemy Act [section 39(d) of this

Appendix]) to enable the Commission and the Treasury Department to

pay their administrative expenses in carrying out their respective

functions under this title [sections 2017 to 2017p of this

Appendix].

-SOURCE-

(July 3, 1948, ch. 826, title II, Sec. 217, as added Pub. L.

87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1113.)

-REFTEXT-

REFERENCES IN TEXT

Section 39 subsection (d) of the Trading With the Enemy Act,

referred to in text, was repealed by Pub. L. 100-418, title II,

Sec. 2501(a)(1), Aug. 23, 1988, 102 Stat. 1371.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX MICRONESIAN WAR AND POSTWAR

CLAIMS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MICRONESIAN WAR AND POSTWAR CLAIMS

-HEAD-

MICRONESIAN WAR AND POSTWAR CLAIMS

-End-

-CITE-

50 USC APPENDIX PUB. L. 92-39, JULY 1, 1971, 85

STAT. 92 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MICRONESIAN WAR AND POSTWAR CLAIMS

PUB. L. 920939, JULY 1, 1971, 85 STAT. 92

-HEAD-

PUB. L. 92-39, JULY 1, 1971, 85 STAT. 92

-End-

-CITE-

50 USC APPENDIX Secs. 2018 to 2020b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MICRONESIAN WAR AND POSTWAR CLAIMS

PUB. L. 920939, JULY 1, 1971, 85 STAT. 92

-HEAD-

Secs. 2018 to 2020b. Omitted

-COD-

CODIFICATION

Sections 2018 to 2020b terminated Aug. 3, 1976, pursuant to

section 2019b of this Appendix.

Section 2018, Pub. L. 92-39, Sec. 1, July 1, 1971, 85 Stat. 92,

provided that sections 2018 to 2020b of this Appendix were to be

cited as the Micronesian Claims Act of 1971.

Section 2019, Pub. L. 92-39, title I, Sec. 101, July 1, 1971, 85

Stat. 92; Pub. L. 93-131, Sec. 1, Oct. 19, 1973, 87 Stat. 460,

related to purpose of sections 2019 to 2019e of this Appendix to

implement an ex gratia contribution by the United States to

meritorious Micronesian war claimants inhabiting the Trust

Territory of Pacific Islands.

Section 2019a, Pub. L. 92-39, title I, Sec. 102, July 1, 1971, 85

Stat. 93, authorized appropriations for purposes of sections 2018

to 2020b of this Appendix and authorized the establishment and

management of a Micronesian Claims Fund.

Section 2019b, Pub. L. 92-39, title I, Sec. 103, July 1, 1971, 85

Stat. 93, established Micronesian Claims Commission, provided for

compensation and allowances of its members, authorized prescription

of rules and regulations by Commission, and provided that

Commission was to wind up its affairs no later than three years

after expiration of time for filing claims under sections 2018 to

2020b of this Appendix. The Commission terminated on Aug. 3, 1976.

Section 2019c, Pub. L. 92-39, title I, Sec. 104, July 1, 1971, 85

Stat. 94; Pub. L. 93-131, Sec. 2, Oct. 19, 1973, 87 Stat. 461,

related to powers of Commission.

Section 2019d, Pub. L. 92-39, title I, Sec. 105, July 1, 1971, 85

Stat. 95, authorized appropriations necessary for operational and

administrative expenses of Foreign Claims Settlement Commission and

Micronesian Claims Commission in carrying out the purposes of

sections 2018 to 2020b of this Appendix.

Section 2019e, Pub. L. 92-39, title I, Sec. 106, July 1, 1971, 85

Stat. 95, related to remuneration limitation for filing services

and prescribed penalties for violations of sections 2018 to 2020b

of this Appendix.

Section 2020, Pub. L. 92-39, title II, Sec. 201, July 1, 1971, 85

Stat. 96, authorized Commission to determine personal or property

loss claims against United States by Micronesian inhabitants and

provided that administrative settlements by Commission were to be

final and conclusive.

Section 2020a, Pub. L. 92-39, title II, Sec. 202, July 1, 1971,

85 Stat. 96, authorized appropriations for making payments to

extent authorized by sections 2020 to 2020b of this Appendix.

Section 2020b, Pub. L. 92-39, title II, Sec. 203, July 1, 1971,

85 Stat. 96, authorized transfer of any funds remaining after

settlement of claims under sections 2020 to 2020b of this Appendix

to Treasury of United States.

-End-

-CITE-

50 USC APPENDIX EXPORT CONTROLS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT CONTROLS

-HEAD-

EXPORT CONTROLS

-End-

-CITE-

50 USC APPENDIX ACT FEB. 26, 1949, CH. 11, 63

STAT. 7 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT CONTROLS

ACT FEB. 26, 1949, CH. 11, 63 STAT. 7

-HEAD-

ACT FEB. 26, 1949, CH. 11, 63 STAT. 7

-End-

-CITE-

50 USC APPENDIX Secs. 2021 to 2032 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT CONTROLS

ACT FEB. 26, 1949, CH. 11, 63 STAT. 7

-HEAD-

Secs. 2021 to 2032. Omitted

-COD-

CODIFICATION

Sections 2021 to 2032 terminated pursuant to section 2032 of this

Appendix. See section 2401 et seq. of this Appendix.

Section 1, in part, of act Feb. 26, 1949, ch. 11, 63 Stat. 7, as

amended, provided that act Feb. 26, 1949, may be cited as the

Export Control Act of 1949.

Section 2021, acts Feb. 26, 1949, ch. 11, Sec. 1(a), (b), 63

Stat. 7; July 1, 1962, Pub. L. 87-515, Sec. 2, 76 Stat. 127, set

out Congressional findings.

Section 2022, acts Feb. 26, 1949, ch. 11, Sec. 2, 63 Stat. 7;

July 1, 1962, Pub. L. 87-515, Sec. 3, 76 Stat. 127; June 30, 1965,

Pub. L. 89-63, Sec. 3(a), 79 Stat. 209, set out Congressional

declaration of policy.

Section 2023, acts Feb. 26, 1949, ch. 11, Sec. 3, 63 Stat. 7;

July 1, 1962, Pub. L. 87-515, Sec. 4, 76 Stat. 127; June 30, 1965,

Pub. L. 89-63, Secs. 3(b), 4(a), (d), 79 Stat. 210, set out

authority to effectuate export control policy and delegated

authority to prescribe rules and regulations.

Section 2024, acts Feb. 26, 1949, ch. 11, Sec. 4, 63 Stat. 8;

June 30, 1965, Pub. L. 89-63, Sec. 4(b), 79 Stat. 210, laid down

criteria for establishment of standards for carrying out policies

and for consultation among departments and agencies.

Section 2025, acts Feb. 26, 1949, ch. 11, Sec. 5, 63 Stat. 8;

July 1, 1962, Pub. L. 87-515, Sec. 5, 76 Stat. 128; June 30, 1965,

Pub. L. 89-63, Secs. 2, 4(c), 79 Stat. 209, 210, provided for

penalties for violations of export control policy.

Section 2026, act Feb. 26, 1949, ch. 11, Sec. 6, 63 Stat. 8,

provided for enforcement and for keeping certain information

confidential.

Subsec. (b) of section 2026, which provided that no person would

be excused from complying with any requirements under this section

because of his privilege against self-incrimination, but that

immunity provisions of section 46 of Title 49, Transportation,

would apply with respect to any individual specifically claiming

such privilege, was repealed by Pub. L. 91-452, title II, Sec. 250,

Oct. 15, 1970, 84 Stat. 931. See section 6001 et seq. of Title 18,

Crimes and Criminal Procedure.

Section 2027, act Feb. 26, 1949, ch. 11, Sec. 7, 63 Stat. 9,

exempted functions under Act from Administrative Procedure Act.

Section 2028, act Feb. 26, 1949, ch. 11, Sec. 8, 63 Stat. 9,

required quarterly reports to be submitted to President and

Congress.

Section 2029, act Feb. 26, 1949, ch. 11, Sec. 9, 63 Stat. 9,

defined "person".

Section 2030, act Feb. 26, 1949, ch. 11, Sec. 10, 63 Stat. 9,

provided for effect of Act on other legislation.

Section 2031, act Feb. 26, 1949, ch. 11, Sec. 11, 63 Stat. 9, set

out effective date of sections 2021 to 2032 of this Appendix.

Section 2032, acts Feb. 26, 1949, ch. 11, Sec. 12, 63 Stat. 9;

May 16, 1951, ch. 83, 65 Stat. 43; June 16, 1953, ch. 116, 67 Stat.

62; June 29, 1956, ch. 473, Sec. 1, 70 Stat. 407; June 25, 1958,

Pub. L. 85-466, 72 Stat. 220; May 13, 1960, Pub. L. 86-464, 74

Stat. 130; July 1, 1962, Pub. L. 87-515, Sec. 1, 76 Stat. 127; June

30, 1965, Pub. L. 89-63, Sec. 1, 79 Stat. 209; June 30, 1969, Pub.

L. 91-35, 83 Stat. 42; Aug. 18, 1969, Pub. L. 91-59, 83 Stat. 101;

Oct. 31, 1969, Pub. L. 91-105, Sec. 1, 83 Stat. 169, provided for

termination date of sections 2021 to 2032 of this Appendix, on Dec.

31, 1969.

-End-

-CITE-

50 USC APPENDIX ALIEN PROPERTY DAMAGE CLAIMS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ALIEN PROPERTY DAMAGE CLAIMS

-HEAD-

ALIEN PROPERTY DAMAGE CLAIMS

-End-

-CITE-

50 USC APPENDIX ACT MAR. 15, 1949, CH. 19, 63

STAT. 12 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ALIEN PROPERTY DAMAGE CLAIMS

ACT MAR. 15, 1949, CH. 19, 63 STAT. 12

-HEAD-

ACT MAR. 15, 1949, CH. 19, 63 STAT. 12

-End-

-CITE-

50 USC APPENDIX Secs. 2041 to 2045 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ALIEN PROPERTY DAMAGE CLAIMS

ACT MAR. 15, 1949, CH. 19, 63 STAT. 12

-HEAD-

Secs. 2041 to 2045. Omitted

-COD-

CODIFICATION

Sections 2041 to 2045 were omitted pursuant to section 2042 of

this Appendix.

Section 2041, act Mar. 15, 1949, ch. 19, Sec. 1, 63 Stat. 12,

related to adjustment and settlement of claims.

Section 2042, act Mar. 15, 1949, ch. 19, Sec. 2, 63 Stat. 13,

related to time limitation for presentment of claims under sections

2041 to 2045 of this Appendix and required presentment within one

year of Mar. 15, 1949.

Section 2043, act Mar. 15, 1949, ch. 19, Sec. 3, 63 Stat. 13,

related to finality and conclusiveness of Attorney General's

decisions.

Section 2044, act Mar. 15, 1949, ch. 19, Sec. 4, 63 Stat. 13,

related to claims in excess of one thousand dollars.

Section 2045, act Mar. 15, 1949, ch. 19, Sec. 5, 63 Stat. 13,

related to authorization of appropriations for use under sections

2041 to 2045 of this Appendix.

-End-

-CITE-

50 USC APPENDIX DEFENSE PRODUCTION ACT OF 1950 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

-HEAD-

DEFENSE PRODUCTION ACT OF 1950

-End-

-CITE-

50 USC APPENDIX ACT SEPT. 8, 1950, CH. 932, 64

STAT. 798 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

-HEAD-

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

-MISC1-

Sec.

2061. Short title.

2062. Declaration of policy.

(a) Findings.

(b) Statement of policy.

TITLE I - PRIORITIES AND ALLOCATIONS

2071. Priority in contracts and orders.

(a) Allocation of materials, services, and

facilities.

(b) Critical and strategic materials.

(c) Domestic energy; materials, equipment, and

services.

2072. Hoarding of designated scarce materials.

2073. Penalties.

2074. Limitation on actions without Congressional

authorization.

(a) Wage or price controls.

(b) Chemical or biological weapons.

2075. Presidential power to ration gasoline among classes of

end-users unaffected.

2076. Designation of energy as a strategic and critical

material.

2077. Strengthening domestic capability.

(a) In general.

(b) Critical components and critical technology

items.

2078. Modernization of small business suppliers.

(a) In general.

(b) Modernization of equipment.

TITLE II - AUTHORITY TO REQUISITION AND CONDEMN

2081. Omitted.

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

2091. Loan guarantees.

(a) Purpose of loans; guaranteeing agencies;

Presidential determinations.

(b) Fiscal agents; accountability; reimbursement.

(c) Supervision; interest, fees, procedures.

(d) Funds available for guarantees.

(e) Identification of industrial resource or

critical technology item shortfall; prevention

of personal financial insolvency or

bankruptcy.

2092. Loans to private business enterprises.

(a) Purposes.

(b) Terms and conditions; Presidential

determinations.

(c) Identification of industrial resource

shortfall.

2093. Purchase of raw materials and installation of

equipment.

(a) Presidential provisions.

(b) Terms and conditions of purchase.

(c) Subsidy payments on domestically produced

materials; exclusion of agricultural products.

(d) Transportation, storage, and processing.

(e) Installation of equipment in industrial

facilities.

(f) Transfer of excess materials to national

stockpile.

(g) Development of substitutes for strategic and

critical materials.

2094. Defense Production Act Fund.

(a) Establishment of Fund.

(b) Moneys in Fund.

(c) Use of Fund.

(d) Duration of Fund.

(e) Fund balance.

(f) Fund manager.

(g) Liabilities against Fund.

2095. Synthetic fuel production.

(a) Immediate Presidential action to meet national

defense needs; exercise of authorities; United

States Synthetic Fuel Corporation authority

unaffected.

(b) Specific Presidential authorities; requisites,

limitations, etc.

(c) Purchases and commitments to purchase by

President; authority; limitations; advance

payments prior to construction of synthetic

fuel project.

(d) Bidding and contracting procedures and

requirements applicable to purchases and

commitments to purchase.

(e) Scope of Presidential procurement power.

(f) Determinations necessary for purchase and sale

of synthetic fuel.

(g) Maximum liability of Federal Government under

contracts; budgetary certifications.

(h) Loan, guarantee, or purchase agreement not to

be deemed a major Federal action significantly

affecting the quality of the human

environment.

(i) Labor standards; applicability, certifications,

etc.

(j) Other jurisdictional, etc., authorities

relating to water resources and rights

unaffected.

(k) Termination of contracting or commitment

authority of President; renewal or extension

of contracts.

2096. Synthetic fuel production subsequent to determinations

respecting a national energy supply shortage of

defense fuels.

(a) Invocation of authorities; judicial review

prohibited.

(b) Immediate Presidential action to meet national

defense needs; exercise of authorities; United

States Synthetic Fuels Corporation authority

unaffected.

(c) Specific Presidential authorities; requisites,

limitations, etc.

(d) Purchases and commitments to purchase by

President; authority; limitations; advance

payments prior to construction of synthetic

fuel project.

(e) Bidding and contracting procedures and

requirements applicable to purchases and

commitments to purchase.

(f) Scope of Presidential procurement power.

(g) Determinations respecting purchase and sale of

synthetic fuel.

(h) Maximum liability of Federal Government under

contracts; budgetary certifications.

(i) Loan, guarantee, or purchase not to be deemed a

major Federal action significantly affecting

the quality of the human environment.

(j) Labor standards; applicability, certifications,

etc.

(k) Other jurisdictional, etc., authorities

relating to water resources and rights

unaffected.

(l) Renewals and extensions of contracts.

2096a. Annual reports on synthetic fuel production.

2097. Synthetic fuel action.

(a) "Synthetic fuel action" defined.

(b) Submission to Congress by President.

2098. Definitions.

2099. Annual report on impact of offsets.

(a) Annual report on impact of offsets.

(b) Interagency studies and related data.

(c) Notice of offset agreements.

(d) Contents of report.

(e) Utilization of annual report in negotiations.

2099a. Civil-military integration.

TITLE IV - PRICE AND WAGE STABILIZATION

2101 to 2112. Omitted.

TITLE V - SETTLEMENT OF LABOR DISPUTES

2121 to 2123. Omitted.

TITLE VI - CONTROL OF REAL ESTATE CREDIT

2131 to 2137. Repealed or Omitted.

TITLE VII - GENERAL PROVISIONS

2151. Small business.

(a) Participation.

(b) Administration of Act.

(c) Advisory committee participation.

(d) Information.

(e) Allocations under section 101.

2152. Definitions.

2153. Civilian personnel.

2154. Regulations and orders.

(a) In general.

(b) Procurement regulations.

2155. Investigations; records; reports; subpoenas; right to

counsel.

2156. Jurisdiction of courts; injunctions; venue; process;

effect of termination of provisions.

2157. Liability for compliance with invalid regulations;

discrimination against orders or contracts affected

by priorities or allocations.

2158. Voluntary agreements and plans of action for

preparedness programs and expansion of production

capacity and supply.

(a) Immunity from civil and criminal liability or

defense to action under antitrust laws;

exceptions.

(b) Definitions.

(c) Prerequisites for agreements and plans of

action; delegation of authority to

Presidential designees.

(d) Advisory committees; establishment; applicable

provisions; membership; notice and

participation in meetings; verbatim

transcript; availability to public.

(e) Rules; promulgation by Presidential designees;

consultation by Attorney General with Chairman

of Federal Trade Commission; approval of

Attorney General; procedures; incorporation of

standards and procedures for development of

agreements and plans of action.

(f) Commencement of agreements and plans of action;

expiration date; extensions.

(g) Monitoring of agreements and plans of action by

Attorney General and Chairman of Federal Trade

Commission.

(h) Required provisions of rules for implementation

of agreements and plans of action.

(i) Rules; promulgation by Attorney General and

Chairman of Federal Trade Commission.

(j) Defenses.

(k) Surveys and studies by Attorney General and

Federal Trade Commission; content; annual

report to Congress and President by Attorney

General.

(l) Annual report to Congress and President by

Presidential designees; contents.

(m) Jurisdiction to enjoin statutory exemption or

suspension and order for production of

transcripts, etc.; procedures.

(n) Exemption from Advisory Committee Act

provisions.

(o) Preemption of contract law in emergencies.

2158a. Repealed.

2159. Public participation in rulemaking.

(a) Exemption from Administrative Procedure Act.

(b) Opportunity for notice and comment.

(c) Public comment on procurement regulations.

2160. Employment of personnel; appointment policies; nucleus

executive reserve; use of confidential information by

employees; printing and distribution of reports.

2161. Authorization of appropriations; availability of

funds.

(a) Authorization.

(b) Title III authorization.

2162. Repealed.

2163. Territorial application of Act.

2163a. Repealed.

2164. Separability.

2165. Repealed.

2166. Termination of Act.

2167 to 2169. Repealed.

2170. Authority to review certain mergers, acquisitions, and

takeovers.

(a) Investigations.

(b) Mandatory investigations.

(c) Confidentiality of information.

(d) Action by the President.

(e) Findings of the President.

(f) Factors to be considered.

(g) Report to the Congress.

(h) Regulations.

(i) Effect on other law.

(j) Technology risk assessments.

(k) Quadrennial report.

2170a. Prohibition on purchase of United States defense

contractors by entities controlled by foreign

governments.

(a) In general.

(b) Inapplicability to certain cases.

(c) Definitions.

2170b. Reports on foreign industrial espionage.

(a) In general.

(b) Annual update.

(c) Form of reports.

(d) Omitted.

(e) Definition.

2171. Defense industrial base information system.

(a) Establishment required.

(b) Sources of information.

(c) Strategic plan for developing comprehensive

system.

(d) Capabilities of system.

(e) Report on subcontractor and supplier base.

AMENDMENTS

1952 - Act June 30, 1952, ch. 530, title I, Sec. 116(a), 66 Stat.

305, struck out "CONSUMER AND" in title VI heading.

1951 - Act July 31, 1951, ch. 275, title I, Sec. 107, 65 Stat.

138, amended heading of title II by inserting "AND CONDEMN".

TERMINATION DATE

For termination of certain provisions of act Sept. 8, 1950, see

section 2166 of this Appendix.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in sections 2182, 2183 of this Appendix;

title 30 section 1604; title 42 sections 1591a, 1593e, 5195a.

-End-

-CITE-

50 USC APPENDIX Sec. 2061 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

-HEAD-

Sec. 2061. Short title

-STATUTE-

This Act [sections 2061 to 2171 of this Appendix], divided into

titles, may be cited as "the Defense Production Act of 1950".

-SOURCE-

(Sept. 8, 1950, ch. 932, Sec. 1, 64 Stat. 798.)

-MISC1-

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-47, Sec. 1, Oct. 5, 2001, 115 Stat. 260, provided

that: "This Act [amending sections 2091, 2093, 2094, 2099, 2161,

and 2166 of this Appendix] may be cited as the 'Defense Production

Act Amendments of 2001'."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-64, Sec. 1, Dec. 18, 1995, 109 Stat. 689, provided

that: "This Act [amending sections 2161 and 2166 of this Appendix

and enacting provisions set out as a note under section 2062 of

this Appendix] may be cited as the 'Defense Production Act

Amendments of 1995'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-558, Sec. 1(a), Oct. 28, 1992, 106 Stat. 4198,

provided that: "This Act [enacting sections 2074, 2077, 2078,

2099a, and 2171 of this Appendix, amending sections 2062, 2091 to

2094, 2097, 2099, 2151 to 2155, 2159 to 2161, 2166, and 2170 of

this Appendix, sections 1815, 1817, 1818, 1820, 1834, 1834a, and

3104 of Title 12, Banks and Banking, and section 1143 of Title 30,

Mineral Lands and Mining, repealing sections 2162, 2165, 2167, and

2169 of this Appendix, enacting provisions set out as notes under

sections 2062, 2099, and 2159 of this Appendix and sections 1815,

1817, 1834, 1834a, and 3104 of Title 12, and repealing provisions

set out as notes under sections 1817, 1834, and 1834a of Title 12]

may be cited as the 'Defense Production Act Amendments of 1992'."

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-99, Sec. 1, Aug. 17, 1991, 105 Stat. 487, provided

that: "This Act [amending sections 2071, 2158, 2161, and 2166 of

this Appendix, repealing section 2158a of this Appendix, and

enacting provisions set out as a note under section 2071 of this

Appendix] may be cited as the 'Defense Production Act Extension and

Amendments of 1991'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-441, Sec. 1, Oct. 3, 1986, 100 Stat. 1117, provided

that: "This Act [amending sections 2099, 2161, and 2166 of this

Appendix and provisions set out as a note under section 5314 of

Title 5, Government Organization and Employees] may be cited as the

'Defense Production Act Amendments of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-265, Sec. 1, Apr. 17, 1984, 98 Stat. 149, provided

that: "This Act [enacting section 2099 of this Appendix and

amending sections 2091, 2092, 2093, 2161, and 2166 of this

Appendix] may be cited as the 'Defense Production Act Amendments of

1984'."

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-294, title I, part A (Secs. 101-107), Sec. 101, June

30, 1980, 94 Stat. 617, provided that: "This part [enacting

sections 2075, 2076, and 2095 to 2098 of this Appendix, amending

sections 2062, 2091 to 2093, 2151, 2161, and 2166 of this Appendix,

and enacting a provision set out as a note under section 2062 of

this Appendix] may be cited as the 'Defense Production Act

Amendments of 1980'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-37, Sec. 1, June 1, 1977, 91 Stat. 178, provided:

"That this Act [amending section 2166 of this Appendix] may be

cited as the 'Defense Production Act Extension Amendments of

1977'."

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 94-152, Sec. 1, Dec. 16, 1975, 89 Stat. 810, provided:

"That this Act [enacting section 2158a of this Appendix, amending

sections 2158, 2160, 2162, 2166, 2168, and 2169 of this Appendix,

and enacting provisions set out as notes under section 2158 of this

Appendix] may be cited as the 'Defense Production Act Amendments of

1975'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-426, Sec. 1, Sept. 30, 1974, 88 Stat. 1166, provided:

"That this Act [enacting section 2169 of this Appendix and amending

sections 2094, 2161, and 2166 of this Appendix] may be cited as the

'Defense Production Act Amendments of 1974'."

SHORT TITLE OF 1955 AMENDMENT

Act Aug. 9, 1955, ch. 655, Sec. 1, 69 Stat. 580, provided: "That

this Act [amending sections 2062, 2093, 2151, 2158, 2160, 2162, and

2166 of this Appendix and enacting provisions set out as notes

under section 2062 of this Appendix] may be cited as the 'Defense

Production Act Amendments of 1955'."

SHORT TITLE OF 1953 AMENDMENT

Act June 30, 1953, ch. 171, Sec. 1, 67 Stat. 129, provided: "That

this Act [amending sections 2062, 2071, 2091, 2093, 2151, 2152,

2155, 2163a, and 2166 of this Appendix] may be cited as the

'Defense Production Act Amendments of 1953'."

SHORT TITLE OF 1952 AMENDMENT

Act June 30, 1952, ch. 530, Sec. 1, 66 Stat. 296, provided: "That

this Act [enacting sections 1894a, 2111, 2112, and 2137 of this

Appendix and section 43a of Title 41, Public Contracts, and

amending sections 1884, 1894, 1894a, 2071, 2074, 2092, 2102, 2103,

2107, 2108, 2123, 2155, 2157, 2158, 2162, 2163a, and 2166 of this

Appendix and sections 44 and 45 of Title 41] may be cited as the

'Defense Production Act Amendments of 1952'."

SHORT TITLE OF 1951 AMENDMENT

Act July 31, 1951, ch. 275, Sec. 1, 65 Stat. 131, provided: "That

this Act [amending sections 1884, 1892 to 1896, 1898, 1899, 2071,

2072, 2074, 2081, 2093, 2094, 2102, 2103, 2105, 2109, 2122, 2123,

2131, 2133, 2135, 2151, 2153 to 2156, 2160, and 2163a to 2166 of

this Appendix, repealing section 694f of former Title 38, Pensions,

Bonuses, and Veterans' Relief, and enacting provisions set out as a

note under section 1907 of this Appendix] may be cited as the

'Defense Production Act Amendments of 1951'."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June

25, 1974, 39 F.R. 23185, set out as a note under section 761 of

Title 15, Commerce and Trade.

For delegation of certain authority of President under act Sept.

8, 1950 [section 2061 et seq. of this Appendix] relating to

national defense industrial resource preparedness and statement of

related policy, see Ex. Ord. No. 12919, June 3, 1994, 59 F.R.

29525, set out as a note under section 2153 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2062 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

-HEAD-

Sec. 2062. Declaration of policy

-STATUTE-

(a) Findings

The Congress finds that -

(1) the vitality of the industrial and technology base of the

United States is a foundation of national security that provides

the industrial and technological capabilities employed to meet

national defense requirements, in peacetime and in time of

national emergency;

(2) in peacetime, the health of the industrial and

technological base contributes to the technological superiority

of United States defense equipment, which is a cornerstone of the

national security strategy, and the efficiency with which defense

equipment is developed and produced;

(3) in times of crisis, a healthy industrial base will be able

to effectively provide the graduated response needed to

effectively meet the demands of the emergency;

(4) in view of continuing international problems, the Nation's

demonstrated reliance on imports of materials and components, and

the need for measures to reduce defense production lead times and

bottlenecks, and in order to provide for the national defense and

national security, the United States defense mobilization

preparedness effort continues to require the development of -

(A) preparedness programs;

(B) domestic defense industrial base improvement measures;

(C) provisions for a graduated response to any threatening

international or military situation;

(D) the expansion of domestic productive capacity beyond the

levels needed to meet the civilian demand; and

(E) some diversion of certain materials and facilities from

civilian use to military and related purposes.(!1)

(5) to meet the requirements referred to in this subsection,

this Act [sections 2061 to 2171 of this Appendix] affords to the

President an array of authorities to shape defense preparedness

programs and to take appropriate steps to maintain and enhance

the defense industrial and technological base;

(6) the activities referred to in this subsection are needed in

order to -

(A) improve domestic defense industrial base efficiency and

responsiveness;

(B) reduce the time required for industrial mobilization in

the event of an attack on the United States; or

(C) to respond to actions occurring outside of the United

States which could result in the termination or reduction of

the availability of strategic and critical materials, including

energy, and which could adversely affect the national defense

preparedness of the United States;

(7) in order to ensure national defense preparedness, which is

essential to national security, it is necessary and appropriate

to assure the availability of domestic energy supplies for

national defense needs;

(8) to further assure the adequate maintenance of the defense

industrial base, to the maximum extent possible, such supplies

should be augmented through reliance on renewable fuels,

including solar, geothermal, and wind energy and ethanol and its

derivatives, and on energy conservation measures;

(9) the domestic defense industrial base is a component part of

the core industrial capacity of the Nation;

(10) much of the industrial capacity which is relied upon by

the Federal Government for military production and other

defense-related purposes is deeply and directly influenced by -

(A) the overall competitiveness of the United States

industrial economy; and

(B) the ability of United States industry, in general, to

produce internationally competitive products and operate

profitably while maintaining adequate research and development

to preserve that competitive edge in the future, with respect

to military and civilian production;

(11) the domestic defense industrial base is developing a

growing dependency on foreign sources for critical components and

materials used in manufacturing and assembling major weapons

systems for the national defense;

(12) such dependence is threatening the capability of many

critical industries to respond rapidly to defense production

needs in the event of war or other hostilities or diplomatic

confrontation; and

(13) the inability of United States industry, especially

smaller subcontractors and suppliers, to provide vital parts and

components and other materials would impair our ability to

sustain United States Armed Forces in combat for longer than a

short period.

(b) Statement of policy

It is the policy of the United States that -

(1) in order to ensure productive capacity in the event of an

attack on the United States, the United States should encourage

the geographic dispersal of industrial facilities in the United

States to discourage the concentration of such productive

facilities within limited geographic areas which are vulnerable

to attack by an enemy of the United States;

(2) to ensure that essential mobilization requirements are met,

consideration should also be given to stockpiling strategic

materials to the extent that such stockpiling is economical and

feasible;

(3) in the construction of any Government-owned industrial

facility, in the rendition of any Government financial assistance

for the construction, expansion, or improvement of any industrial

facility, and in the production of goods and services, under this

or any other Act, each department and agency of the executive

branch should apply, under the coordination of the Federal

Emergency Management Agency, when practicable and consistent with

existing law and the desirability for maintaining a sound

economy, the principle of the geographic dispersal of such

facilities in the interest of national defense, except that

nothing in this paragraph shall preclude the use of existing

industrial facilities;

(4) to ensure the adequacy of productive capacity and supply,

executive agencies and departments responsible for defense

acquisition should continuously assess the capability of the

domestic defense industrial base to satisfy peacetime

requirements as well as increased mobilization production

requirements, specifically evaluating the availability of

adequate production sources, including subcontractors and

suppliers, materials, skilled labor, and professional and

technical personnel;

(5) every effort should be made to foster cooperation between

the defense and commercial sectors for research and development

and for acquisition of materials, components, and equipment; and

(6) plans and programs to carry out this section shall be

undertaken with due consideration for promoting efficiency and

competition.

-SOURCE-

(Sept. 8, 1950, ch. 932, Sec. 2, 64 Stat. 798; June 30, 1953, ch.

171, Sec. 2, 67 Stat. 129; Aug. 9, 1955, ch. 655, Sec. 2, 69 Stat.

580; June 29, 1956, ch. 474, Sec. 4, 70 Stat. 408; Pub. L. 96-294,

title I, Sec. 102, June 30, 1980, 94 Stat. 617; Pub. L. 102-558,

title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4199.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(5) and (b)(3), means act

Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, known as the

Defense Production Act of 1950, which is classified to sections

2061 to 2171 of this Appendix. For complete classification of this

Act to the Code, see section 2061 of this Appendix and Tables.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-558 amended section generally, substituting

provisions relating to findings and statement of policy, for

provisions stating that mobilization effort continued to require

diversion of materials and facilities from civilian to military

use, and to require development of preparedness programs and

expansion of productive capacity and supply, in order to reduce

time required for full mobilization in case of attack on the United

States or to respond to actions occurring outside the United States

resulting in termination or reduction of availability of strategic

materials, including energy, and provisions stating policy of

Congress was to encourage geographical dispersal of industrial

facilities, and requiring executive branch departments and agencies

to apply principle of geographical dispersal in construction of

such facilities.

1980 - Pub. L. 96-294 inserted provisions relating to

preparedness respecting termination or reduction in availability of

strategic and critical materials, including energy, and domestic

energy supplies for national defense needs.

1956 - Act June 29, 1956, inserted paragraph relating to

encouragement of the geographical dispersal of the industrial

facilities of the United States.

1955 - Act Aug. 9, 1955, provided that mobilization effort

requires development of preparedness programs and expansion of

productive capacity and supply in order to reduce time required for

full mobilization.

1953 - Act June 30, 1953, amended section generally to make it

conform to the more limited scope of sections 2061 et seq. of this

Appendix.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 304 of Pub. L. 102-558 provided that: "This Act [enacting

sections 2074, 2077, 2078, 2099a, and 2171 of this Appendix,

amending sections 2062, 2091 to 2094, 2097, 2099, 2151 to 2155,

2159 to 2161, 2166, and 2170 of this Appendix, sections 1815, 1817,

1818, 1820, 1834, 1834a, and 3104 of Title 12, Banks and Banking,

and section 1143 of Title 30, Mineral Lands and Mining, repealing

sections 2162, 2165, 2167, and 2169 of this Appendix, enacting

provisions set out as notes under sections 2062, 2099, and 2159 of

this Appendix and sections 1815, 1817, 1834, 1834a, and 3104 of

Title 12, and repealing provisions set out as notes under sections

1817, 1834, and 1834a of Title 12] and the amendments made by this

Act shall be deemed to have become effective on March 1, 1992,

except as otherwise specifically provided in this Act."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 107 of Pub. L. 96-294 provided that: "The amendments made

by this part [enacting sections 2075, 2076, and 2095 to 2098 of

this Appendix, amending sections 2062, 2091 to 2093, 2151, 2161,

and 2166 of this Appendix, and enacting a provision set out as a

note under section 2061 of this Appendix] shall take effect on the

date of the enactment of this part [June 30, 1980]."

EFFECTIVE DATE OF 1955 AMENDMENT

Section 11 of act Aug. 9, 1955, provided that: "The provisions of

this Act [amending sections 2062, 2093, 2151, 2158, 2160, 2162, and

2166 of this Appendix and enacting provisions set out as a note

under this section] shall take effect as of the close of July 31,

1955."

TERMINATION DATE

For termination of certain provisions of act Sept. 8, 1950, see

section 2166 of this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

REPORTS TO CONGRESS

Pub. L. 104-64, Sec. 4, Dec. 18, 1995, 109 Stat. 689, directed

the President to prepare and transmit to Congress an interim

report, not later than Jan. 31, 1997, and a final report, not later

than Sept. 30, 1997, on proposed legislative modernization of the

authorities contained in the Defense Production Act of 1950,

section 2061 et seq. of this Appendix.

EVALUATION OF DOMESTIC DEFENSE INDUSTRIAL BASE POLICY

Section 203 of Pub. L. 102-558, established Congressional

Commission on the Evaluation of the Defense Industrial Base Policy

which was to submit, not later than Mar. 1, 1995, a final report to

Congress outlining criteria for maintaining strength of domestic

industrial base for purposes of supporting national security

strategy of United States, taking into consideration, with respect

to each Federal agency and department with any responsibility for

maintaining strength of domestic defense industrial base, adequacy

of statutory framework, budgets, policies, and programs of such

agency or department in maintaining domestic defense industrial

base, and whether such elements were being effectively implemented

and coordinated within such agency or department, as well as degree

to which similar activities in commercial sector were being

integrated and implemented by such agency or department, and

further provided for membership of Commission, as well as staff,

powers, interim reports, appropriations, and termination of

Commission 60 days after submission of final report.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

50 USC APPENDIX TITLE I - PRIORITIES AND

ALLOCATIONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

TITLE I - PRIORITIES AND ALLOCATIONS

-SECREF-

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in sections 2157, 2166 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2071 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2071. Priority in contracts and orders

-STATUTE-

(a) Allocation of materials, services, and facilities

The President is hereby authorized (1) to require that

performance under contracts or orders (other than contracts of

employment) which he deems necessary or appropriate to promote the

national defense shall take priority over performance under any

other contract or order, and, for the purpose of assuring such

priority, to require acceptance and performance of such contracts

or orders in preference to other contracts or orders by any person

he finds to be capable of their performance, and (2) to allocate

materials, services, and facilities in such manner, upon such

conditions, and to such extent as he shall deem necessary or

appropriate to promote the national defense.

(b) Critical and strategic materials

The powers granted in this section shall not be used to control

the general distribution of any material in the civilian market

unless the President finds (1) that such material is a scarce and

critical material essential to the national defense, and (2) that

the requirements of the national defense for such material cannot

otherwise be met without creating a significant dislocation of the

normal distribution of such material in the civilian market to such

a degree as to create appreciable hardship.

(c) Domestic energy; materials, equipment, and services

(1) Notwithstanding any other provision of this Act [sections

2061 to 2171 of this Appendix], the President may, by rule or

order, require the allocation of, or the priority performance under

contracts or orders (other than contracts of employment) relating

to, materials, equipment, and services in order to maximize

domestic energy supplies if he makes the findings required by

paragraph (3) of this subsection.

(2) The authority granted by this subsection may not be used to

require priority performance of contracts or orders, or to control

the distribution of any supplies of materials, services, and

facilities in the marketplace, unless the President finds that -

(A) such materials, services, and facilities are scarce,

critical, and essential -

(i) to maintain or expand exploration, production, refining,

transportation;

(ii) to conserve energy supplies; or

(iii) to construct or maintain energy facilities; and

(B) maintenance or expansion of exploration, production,

refining, transportation, or conservation of energy supplies or

the construction and maintenance of energy facilities cannot

reasonably be accomplished without exercising the authority

specified in paragraph (1) of this subsection.

(3) During any period when the authority conferred by this

subsection is being exercised, the President shall take such action

as may be appropriate to assure that such authority is being

exercised in a manner which assures the coordinated administration

of such authority with any priorities or allocations established

under subsection (a) of this section and in effect during the same

period.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 101, 64 Stat. 799; July 31,

1951, ch. 275, title I, Sec. 101(a), 65 Stat. 132; June 30, 1952,

ch. 530, title I, Secs. 101, 102, 66 Stat. 296; June 30, 1953, ch.

171, Sec. 3, 67 Stat. 129; Pub. L. 94-163, title I, Sec. 104(a),

Dec. 22, 1975, 89 Stat. 878; Pub. L. 102-99, Sec. 6, Aug. 17, 1991,

105 Stat. 490.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(2). Pub. L. 102-99, Sec. 6(1), substituted

"materials, services, and facilities" for "materials and

facilities".

Subsec. (c)(1). Pub. L. 102-99, Sec. 6(2), substituted

"materials, equipment, and services" for "supplies of materials and

equipment".

Subsec. (c)(2) to (4). Pub. L. 102-99, Sec. 6(3), (4), added par.

(2), redesignated par. (4) as (3), and struck out former pars. (2)

and (3) which read as follows:

"(2) The President shall report to the Congress within sixty days

after the date of enactment of this subsection on the manner in

which the authority contained in paragraph (1) will be

administered. This report shall include the manner in which

allocations will be made, the procedure for requests and appeals,

the criteria for determining priorities as between competing

requests, and the office or agency which will administer such

authorities.

"(3) The authority granted in this subsection may not be used to

require priority performance of contracts or orders, or to control

the distribution of any supplies of materials and equipment in the

marketplace, unless the President finds that -

"(A) such supplies are scarce, critical, and essential to

maintain or further (i) exploration, production, refining,

transportation, or (ii) the conservation of energy supplies, or

(iii) for the construction and maintenance of energy facilities;

and

"(B) maintenance or furtherance of exploration, production,

refining, transportation, or conservation of energy supplies or

the construction and maintenance of energy facilities cannot

reasonably be accomplished without exercising the authority

specified in paragraph (1) of this subsection."

1975 - Subsec. (c). Pub. L. 94-163 added subsec. (c).

1953 - Subsec. (a). Act June 30, 1953, struck out provisions

which related to slaughtering of livestock and allocation of meat

and meat products.

Subsec. (b). Act June 30, 1953, retained priorities and

allocation authority for defense production but generally to

discontinue such authority with respect to the civilian market

except in the special cases where, because of shortages and demands

of the defense effort, there otherwise would be a significant

dislocation in the civilian market resulting in appreciable

hardship.

1952 - Act June 30, 1952, redesignated existing provisions as

subsec. (a), inserted provisions relating to meat and meat

products, and added subsec. (b).

1951 - Act July 31, 1951, inserted provision relating to

slaughtering of livestock.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 7 of Pub. L. 102-99 provided that: "This Act [amending

this section and sections 2158, 2161, and 2166 of this Appendix,

repealing section 2158a of this Appendix, and enacting provisions

set out as a note under section 2061 of this Appendix] shall take

effect on October 20, 1990."

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,

1974, 39 F.R. 23185, set out as a note under section 761 of Title

15, Commerce and Trade.

For delegation of certain authority of President under this

section, see sections 201 to 203 of Ex. Ord. No. 12919, June 3,

1994, 59 F.R. 29526, 29527, set out as a note under section 2153 of

this Appendix.

-MISC2-

PRESIDENTIAL AUTHORITY TO ISSUE ORDERS RELATING TO DOMESTIC ENERGY

SUPPLIES

Pub. L. 94-163, title I, Sec. 104(b), Dec. 22, 1975, 89 Stat.

879, as amended by Pub. L. 99-58, title I, Sec. 101(b), July 2,

1985, 99 Stat. 102; Pub. L. 101-46, Sec. 1(2), June 30, 1989, 103

Stat. 132; Pub. L. 101-262, Sec. 2(a), Mar. 31, 1990, 104 Stat.

124; Pub. L. 101-360, Sec. 2(a), Aug. 10, 1990, 104 Stat. 421; Pub.

L. 101-383, Sec. 2(1), Sept. 15, 1990, 104 Stat. 727; Pub. L.

105-388, Sec. 6, Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106-469,

title I, Sec. 103(2), Nov. 9, 2000, 114 Stat. 2029, provided that:

"The expiration of the Defense Production Act of 1950 [section 2061

et seq. of this Appendix] or any amendment of such Act after the

date of enactment of this Act [Dec. 22, 1975] shall not affect the

authority of the President under section 101(c) of such Act

[subsec. (c) of this section], as amended by subsection (a) of this

section and in effect on the date of enactment of this Act, unless

Congress by law expressly provides to the contrary."

-EXEC-

EXECUTIVE ORDER NO. 10161

Ex. Ord. No. 10161, Sept. 9, 1950, 15 F.R. 6105, as amended by

Ex. Ord. No. 10200, Jan. 3, 1951, 16 F.R. 61; Ex. Ord. No. 10233,

Apr. 23, 1951, 16 F.R. 3503; Ex. Ord. No. 10281, Aug. 28, 1951, 16

F.R. 8789; Ex. Ord. No. 10301, Nov. 5, 1951, 16 F.R. 11257; Ex.

Ord. No. 10324, Feb. 6, 1952, 17 F.R. 1171; Ex. Ord. No. 10359,

June 9, 1952, 17 F.R. 5269; Ex. Ord. No. 10373, July 15, 1952, 17

F.R. 6425; Ex. Ord. No. 10377, July 28, 1952, 17 F.R. 6891; Ex.

Ord. No. 10390, Sept. 2, 1952, 17 F.R. 7995; and Ex. Ord. No.

10433, Feb. 4, 1953, 18 F.R. 761, which related to delegation of

President's functions, was revoked by Ex. Ord. No. 10480, Aug. 18,

1953, 18 F.R. 4939, formerly set out under section 2153 of this

Appendix.

ABOLITION OF WAGE STABILIZATION BOARD AND CREATION OF NEW BOARD

Wage Stabilization Board created by Ex. Ord. No. 10161, eff.

Sept. 9, 1950, 15 F.R. 6105, as amended, abolished by section

2103(b)(6) of this Appendix. A new Wage Stabilization Board was

created by section 2103(b)(1), which terminated according to

section 2166 of this Appendix Apr. 30, 1953.

POWERS OF SECRETARY OF COMMERCE UNDER EX. ORD. NO. 10161

The Secretary of Commerce by F.R. Doc. 50-8068, filed Sept. 13,

1950, 15 F.R. 6182, established the National Production Authority

in the Department of Commerce to perform the functions and exercise

the powers vested in the Secretary of Commerce by Ex. Ord. No.

10161, and established the Advisory Committee on Priorities

Administration which was to serve in an advisory capacity with

respect to policy matters. The National Production Authority was

abolished and its functions merged into the Business and Defense

Services Administration by Secretary of Commerce order, dated Oct.

1, 1953, which in turn was abolished by Department Organization

Order 40-1A of Sept. 15, 1970 and its functions transferred to the

Bureau of Domestic Commerce. All functions of the Bureau of

Domestic Commerce were transferred by the Secretary of Commerce to

the Domestic and International Business Administration, within the

Department of Commerce, eff. Nov. 17, 1972.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2072, 2095, 2096, 2151,

2157 of this Appendix; title 10 sections 9511, 9512.

-End-

-CITE-

50 USC APPENDIX Sec. 2072 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2072. Hoarding of designated scarce materials

-STATUTE-

In order to prevent hoarding, no person shall accumulate (1) in

excess of the reasonable demands of business, personal, or home

consumption, or (2) for the purpose of resale at prices in excess

of prevailing market prices, materials which have been designated

by the President as scarce materials or materials the supply of

which would be threatened by such accumulation. The President shall

order published in the Federal Register, and in such other manner

as he may deem appropriate, every designation of materials the

accumulation of which is unlawful and any withdrawal of such

designation.

In making such designations the President may prescribe such

conditions with respect to the accumulation of materials in excess

of the reasonable demands of business, personal, or home

consumption as he deems necessary to carry out the objectives of

this Act [sections 2061 to 2171 of this Appendix]. This section

shall not be construed to limit the authority contained in sections

101 and 704 of this Act [sections 2071 and 2154 of this Appendix].

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 102, 64 Stat. 799; July 31,

1951, ch. 275, title I, Sec. 101(b), 65 Stat. 132.)

-MISC1-

AMENDMENTS

1951 - Act July 31, 1951, authorized President to prescribe

conditions and exceptions allowing maintenance of substantial

inventories of critical materials in certain cases.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,

1974, 39 F.R. 23185, set out as a note under section 761 of Title

15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2157, 2166 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2073 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2073. Penalties

-STATUTE-

Any person who willfully performs any act prohibited, or

willfully fails to perform any act required, by the provisions of

this title [sections 2071 to 2078 of this Appendix] or any rule,

regulation, or order thereunder, shall, upon conviction, be fined

not more than $10,000 or imprisoned for not more than one year, or

both.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 103, 64 Stat. 799.)

-MISC1-

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2157 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2074 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2074. Limitation on actions without Congressional

authorization

-STATUTE-

(a) Wage or price controls

No provision of this Act [sections 2061 to 2171 of this Appendix]

shall be interpreted as providing for the imposition of wage or

price controls without the prior authorization of such action by a

joint resolution of Congress.

(b) Chemical or biological weapons

No provision of title I of this Act [sections 2071 to 2078 of

this Appendix] shall be exercised or interpreted to require action

or compliance by any private person to assist in any way in the

production of or other involvement in chemical or biological

warfare capabilities, unless authorized by the President (or the

President's designee who is serving in a position at level I of the

Executive Schedule in accordance with section 5312 of title 5,

United States Code) without further redelegation.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 104, as added Pub. L.

102-558, title I, Sec. 112, Oct. 28, 1992, 106 Stat. 4202.)

-MISC1-

PRIOR PROVISIONS

A prior section 2074, act Sept. 8, 1950, ch. 932, title I, Sec.

104, as added July 31, 1951, ch. 275, title I, Sec. 101(c), 65

Stat. 132; amended June 30, 1952, ch. 530, Sec. 103, 66 Stat. 297,

which related to limitations on imports of fats and oils,

terminated at close of June 30, 1953, by terms of section 2166(a)

of this Appendix.

EFFECTIVE DATE

Section deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (b) of this section

delegated to Secretary of Defense by section 204 of Ex. Ord. No.

12919, June 3, 1994, 59 F.R. 29527, set out as a note under section

2153 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2166 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2075 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2075. Presidential power to ration gasoline among classes of

end-users unaffected

-STATUTE-

Nothing in this Act [sections 2061 to 2171 of this Appendix]

shall be construed to authorize the President to institute, without

the approval of the Congress, a program for the rationing of

gasoline among classes of end-users.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 105, as added Pub. L.

96-294, title I, Sec. 103, June 30, 1980, 94 Stat. 617.)

-MISC1-

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2076 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2076. Designation of energy as a strategic and critical

material

-STATUTE-

For purposes of this Act [sections 2061 to 2171 of this

Appendix], "energy" shall be designated as a "strategic and

critical material" after the date of the enactment of this section

[June 30, 1980]: Provided, That no provision of this Act [sections

2061 to 2171 of this Appendix] shall, by virtue of such designation

-

(1) grant any new direct or indirect authority to the President

for the mandatory allocation or pricing of any fuel or feedstock

(including, but not limited to, crude oil, residual fuel oil, any

refined petroleum product, natural gas, or coal) or electricity

or any other form of energy; or

(2) grant any new direct or indirect authority to the President

to engage in the production of energy in any manner whatsoever

(such as oil and gas exploration and development, or any energy

facility construction), except as expressly provided in sections

305 and 306 [sections 2095 and 2096 of this Appendix] for

synthetic fuel production.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 106, as added Pub. L.

96-294, title I, Sec. 103, June 30, 1980, 94 Stat. 617.)

-MISC1-

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2077 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2077. Strengthening domestic capability

-STATUTE-

(a) In general

Utilizing the authority of title III of this Act [sections 2091

to 2099a of this Appendix] or any other provision of law, the

President may provide appropriate incentives to develop, maintain,

modernize, and expand the productive capacities of domestic sources

for critical components, critical technology items, and industrial

resources essential for the execution of the national security

strategy of the United States.

(b) Critical components and critical technology items

(1) Identification

(A) In general

The President, acting through the Secretary of Defense, shall

identify critical components and critical technology items for

each item on the Critical Items List of the Commanders-in-Chief

of the Unified and Specified Commands and other items within

the inventory of weapon systems and defense equipment.

(B) Definition

Any component identified as critical by a National Security

Assessment conducted pursuant to section 113(i) of title 10,

United States Code, or by a Presidential determination as a

result of a petition filed under section 232 of the Trade

Expansion Act of 1962 [19 U.S.C. 1862] shall be designated as a

critical component for purposes of this Act [sections 2061 to

2171 of this Appendix], unless the President determines that

the designation is unwarranted.

(2) Maintenance of reliable sources of supply

The President shall take appropriate actions to assure that

critical components or critical technology items are available

from reliable sources when needed to meet defense requirements

during peacetime, graduated mobilization, and national emergency.

(3) Appropriate action

For purposes of this subsection, appropriate action may include

-

(A) restricting contract solicitations to reliable sources;

(B) restricting contract solicitations to domestic sources

pursuant to -

(i) section 2304(b)(1)(B) or section 2304(c)(3) of title

10, United States Code;

(ii) section 303(b)(1)(B) or section 303(c)(3) of the

Federal Property and Administrative Services Act of 1949 [41

U.S.C. 253(b)(1)(B), (c)(3)]; or

(iii) other statutory authority;

(C) stockpiling critical components; and

(D) developing substitutes for a critical component or a

critical technology item.

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 107, as added Pub. L.

102-558, title I, Sec. 111, Oct. 28, 1992, 106 Stat. 4201.)

-MISC1-

EFFECTIVE DATE

Section deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under act Sept. 8, 1950 [section 2061

et seq. of this Appendix], relating to the production,

conservation, use, control, distribution, and allocation of energy,

delegated to the Secretary of Energy, see section 4 of Ex. Ord. No.

11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under

section 761 of Title 15, Commerce and Trade.

-End-

-CITE-

50 USC APPENDIX Sec. 2078 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE I - PRIORITIES AND ALLOCATIONS

-HEAD-

Sec. 2078. Modernization of small business suppliers

-STATUTE-

(a) In general

In providing any assistance under this Act [sections 2061 to 2171

of this Appendix], the President shall accord a strong preference

for small business concerns which are subcontractors or suppliers,

and, to the maximum extent practicable, to such small business

concerns located in areas of high unemployment or areas that have

demonstrated a continuing pattern of economic decline, as

identified by the Secretary of Labor.

(b) Modernization of equipment

(1) In general

Funds authorized under title III [sections 2091 to 2099a of

this Appendix] may be used to guarantee the purchase or lease of

advance manufacturing equipment, and any related services with

respect to any such equipment for purposes of this Act [sections

2061 to 2171 of this Appendix].

(2) Small business suppliers

In considering proposals for title III [sections 2091 to 2099a

of this Appendix] projects under paragraph (1), the President

shall provide a strong preference for proposals submitted by a

small business supplier or subcontractor whose proposal -

(A) has the support of the department or agency which will

provide the guarantee;

(B) reflects that the small business concern has made

arrangements to obtain qualified outside assistance to support

the effective utilization of the advanced manufacturing

equipment being proposed for installation; and

(C) meets the requirements of section 301, 302, or 303

[section 2091, 2092, or 2093 of this Appendix].

-SOURCE-

(Sept. 8, 1950, ch. 932, title I, Sec. 108, as added Pub. L.

102-558, title I, Sec. 111, Oct. 28, 1992, 106 Stat. 4202.)

-MISC1-

EFFECTIVE DATE

Section deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under act Sept. 8, 1950 [section 2061

et seq. of this Appendix], relating to the production,

conservation, use, control, distribution, and allocation of energy,

delegated to the Secretary of Energy, see section 4 of Ex. Ord. No.

11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under

section 761 of Title 15, Commerce and Trade.

-End-

-CITE-

50 USC APPENDIX TITLE II - AUTHORITY TO

REQUISITION AND CONDEMN 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE II - AUTHORITY TO REQUISITION AND CONDEMN

-HEAD-

TITLE II - AUTHORITY TO REQUISITION AND CONDEMN

-MISC1-

AMENDMENTS

1951 - Act July 31, 1951, ch. 275, title I, Sec. 102(a), 65 Stat.

132, in heading inserted "AND CONDEMN".

-End-

-CITE-

50 USC APPENDIX Sec. 2081 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE II - AUTHORITY TO REQUISITION AND CONDEMN

-HEAD-

Sec. 2081. Omitted

-COD-

CODIFICATION

Section, acts Sept. 8, 1950, ch. 932, title II, Sec. 201, 64

Stat. 799; July 31, 1951, ch. 275, title I, Sec. 102 (b), 65 Stat.

132, which related to requisition of property needed for national

defense, terminated at close of June 30, 1953, by the terms of

section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE III - EXPANSION OF

PRODUCTIVE CAPACITY AND SUPPLY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-SECREF-

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in sections 2077, 2078, 2161, 2166 of

this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2091 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2091. Loan guarantees

-STATUTE-

(a) Purpose of loans; guaranteeing agencies; Presidential

determinations

(1) In order to expedite production and deliveries or services

under Government contracts, the President may authorize, subject to

such regulations as he may prescribe, the Department of Defense,

the Department of Energy, the Department of Commerce, and such

other agencies of the United States engaged in procurement for the

national defense as he may designate (hereinafter referred to as

"guaranteeing agencies"), without regard to provisions of law

relating to the making, performance, amendment, or modification of

contracts, to guarantee in whole or in part any public or private

financing institution (including any Federal Reserve bank), by

commitment to purchase, agreement to share losses, or otherwise,

against loss of principal or interest on any loan, discount, or

advance, or on any commitment in connection therewith, which may be

made by such financing institution for the purpose of financing any

contractor, subcontractor, or other person in connection with the

performance of any contract or other operation deemed by the

guaranteeing agency to be necessary to expedite or expand

production and deliveries or services under Government contracts

for the procurement of industrial resources or critical technology

items essential to the national defense, or for the purpose of

financing any contractor, subcontractor, or other person in

connection with or in contemplation of the termination, in the

interest of the United States, of any contract made for the

national defense; but no small-business concern (as defined in

section 702(16) [section 2152(16) of this Appendix]) shall be held

ineligible for the issuance of such a guaranty by reason of

alternative sources of supply.

(2) Except as provided in section 305 [section 2095 of this

Appendix] and section 306 [section 2096 of this Appendix], no

authority contained in sections 301, 302, or 303 [sections 2091,

2092, or 2093 of this Appendix] may be used in any manner -

(A) in the development, production, or distribution of

synthetic fuel;

(B) for any synthetic fuel project;

(C) to assist any person for the purpose of providing goods or

services to a synthetic fuel project; or

(D) to provide any assistance to any person for the purchase of

synthetic fuel.

(3) Except during periods of national emergency declared by the

Congress or the President, a guarantee may be entered into under

this section only if the President determines that -

(A) the guaranteed contract or activity is for industrial

resources or a critical technology item which is essential to the

national defense;

(B) without the guarantee, United States industry cannot

reasonably be expected to provide the needed industrial resources

or critical technology item in a timely manner;

(C) the guarantee is the most cost-effective, expedient, and

practical alternative for meeting the need involved; and

(D) the combination of the United States national defense

demand and foreseeable nondefense demand is not less than the

output of domestic industrial capability, as determined by the

President, including the output to be established through the

guarantee.

(b) Fiscal agents; accountability; reimbursement

Any Federal agency or any Federal Reserve bank, when designated

by the President, is authorized to act, on behalf of any

guaranteeing agency, as fiscal agent of the United States in the

making of such contracts of guarantee and in otherwise carrying out

the purposes of this section. All such funds as may be necessary to

enable any such fiscal agent to carry out any guarantee made by it

on behalf of any guaranteeing agency shall be supplied and

disbursed by or under authority from such guaranteeing agency. No

such fiscal agent shall have any responsibility or accountability

except as agent in taking any action pursuant to or under authority

of the provisions of this section. Each such fiscal agent shall be

reimbursed by each guaranteeing agency for all expenses and losses

incurred by such fiscal agent in acting as agent on behalf of such

guaranteeing agency, including among such expenses, notwithstanding

any other provision of law, attorneys' fees and expenses of

litigation.

(c) Supervision; interest, fees, procedures

All actions and operations of such fiscal agents under authority

of or pursuant to this section shall be subject to the supervision

of the President, and to such regulations as he may prescribe; and

the President is authorized to prescribe, either specifically or by

maximum limits or otherwise, rates of interest, guarantee and

commitment fees, and other charges which may be made in connection

with loans, discounts, advances, or commitments guaranteed by the

guaranteeing agencies through such fiscal agents, and to prescribe

regulations governing the forms and procedures (which shall be

uniform to the extent practicable) to be utilized in connection

with such guarantees.

(d) Funds available for guarantees

Each guaranteeing agency is authorized to use for the purposes of

this section any funds which have heretofore been appropriated or

allocated or which hereafter may be appropriated or allocated to

it, or which are or may become available to it, for such purposes

or for the purpose of meeting the necessities of the national

defense.

(e) Identification of industrial resource or critical technology

item shortfall; prevention of personal financial insolvency or

bankruptcy

(1)(A) Except as provided in subparagraph (D), a guarantee may be

made under this section only if the industrial resource or critical

technology item shortfall which such guarantee is intended to

correct has been identified in the Budget of the United States, or

amendments thereto, submitted to the Congress, accompanied by a

statement from the President demonstrating that the budget

submission is in accordance with the provisions of subsection

(a)(3) of this section.

(B) Any such guarantee may be made only after 60 days have

elapsed after such industrial resource or critical technology item

shortfall has been identified pursuant to subparagraph (A).

(C) If the making of any guarantee or guarantees to correct an

industrial resource or critical technology item shortfall would

cause the aggregate outstanding amount of all guarantees for such

industrial resource or critical technology item shortfall to exceed

$50,000,000, any such guarantee or guarantees may be made only if

specifically authorized by law.

(D) The requirements of subparagraphs (A), (B), and (C) may be

waived -

(i) during periods of national emergency declared by the

Congress or the President; or

(ii) upon a determination by the President, on a nondelegable

basis, that a specific guarantee is necessary to avert an

industrial resource or critical technology item shortfall that

would severely impair national defense capability.

(2) The authority conferred by this section shall not be used

primarily to prevent the financial insolvency or bankruptcy of any

person, unless

(A) the President certifies that the insolvency or bankruptcy

would have a direct and substantially adverse effect upon defense

production; and

(B) a copy of such certification, together with a detailed

justification thereof, is transmitted to the Congress and to the

Committee on Banking, Housing, and Urban Affairs of the Senate

and the Committee on Financial Services of the House of

Representatives at least ten days prior to the exercise of that

authority for such use.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 301, 64 Stat. 800; June

30, 1953, ch. 171, Sec. 4, 67 Stat. 129; Pub. L. 91-379, title I,

Sec. 104, Aug. 15, 1970, 84 Stat. 799; Pub. L. 96-294, title I,

Sec. 104(a), (b), June 30, 1980, 94 Stat. 618; Pub. L. 98-265,

Secs. 3(a), 4(a), Apr. 17, 1984, 98 Stat. 149, 150; Pub. L.

102-558, title I, Secs. 121(a), 141, Oct. 28, 1992, 106 Stat. 4203,

4217; Pub. L. 107-47, Sec. 4(1)-(3), (5), Oct. 5, 2001, 115 Stat.

260.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-47, Sec. 4(1), substituted

"section 702(16)" for "section 714(a)(1) of this Act".

Subsec. (e)(1)(A)-(C). Pub. L. 107-47, Sec. 4(2), substituted

"industrial resource or critical technology item shortfall" for

"industrial resource shortfall" wherever appearing.

Subsec. (e)(1)(D)(ii). Pub. L. 107-47, Sec. 4(3), inserted "item"

after "critical technology".

Subsec. (e)(2)(B). Pub. L. 107-47, Sec. 4(5), substituted

"Committee on Financial Services of the House of Representatives"

for "Committee on Banking, Finance and Urban Affairs of the House

of Representatives".

1992 - Subsec. (a)(1). Pub. L. 102-558, Sec. 121(a)(1),

substituted "to expedite or expand production and deliveries or

services under Government contracts for the procurement of

industrial resources or critical technology items essential to the

national defense" for "to expedite production and deliveries or

services under Government contracts for the procurement of

materials or the performance of services for the national

defense,".

Subsec. (a)(3)(A). Pub. L. 102-558, Sec. 121(a)(2), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "the guaranteed contract or operation is for a material,

or the performance of a service, which is essential to the national

defense;".

Subsec. (a)(3)(B). Pub. L. 102-558, Sec. 121(a)(3), substituted

"without" for "Without" and "the needed industrial resources or

critical technology item" for "the capability for the needed

material or service".

Subsec. (a)(3)(D). Pub. L. 102-558, Sec. 121(a)(4), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: "the United States national defense demand is equal to, or

greater than, the output of domestic industrial capability which

the President reasonably determines to be available for national

defense, including the output to be established through the

guarantee."

Subsec. (e)(1)(A). Pub. L. 102-558, Sec. 121(a)(5), substituted

"Except as provided in subparagraph (D)" for "Except during periods

of national emergency declared by the Congress or the President".

Subsec. (e)(1)(C). Pub. L. 102-558, Sec. 121(a)(6), substituted

"$50,000,000" for "$25,000,000".

Subsec. (e)(1)(D). Pub. L. 102-558, Sec. 121(a)(7), added subpar.

(D).

Subsec. (e)(2)(B). Pub. L. 102-558, Sec. 141, substituted "and to

the Committee on Banking, Housing, and Urban Affairs of the Senate

and the Committee on Banking, Finance and Urban Affairs of the

House of Representatives" for "and to the Committees on Banking and

Currency of the respective Houses".

1984 - Subsec. (a)(3). Pub. L. 98-265, Sec. 3(a), added par. (3).

Subsec. (e)(1). Pub. L. 98-265, Sec. 4(a), substituted provision

that a guarantee be made under this section only if the industrial

resource shortfall which such guarantee is intended to correct is

identified for provision that the maximum obligation under this

section not exceed $38,000,000, but if guarantees exceed such

amount, Congressional committees be notified and no disapproving

resolution be adopted within a 60-day period of continuous session

of Congress, with provision for determination of continuity of

Congressional session for the purpose of computing such 60-day

period.

1980 - Subsec. (a). Pub. L. 96-294, Sec. 104(a), designated

existing provisions as par. (1), substituted references to

Departments of Defense and Energy for references to Departments of

Army, Navy, and Air Force, and added par. (2).

Subsec. (e)(1). Pub. L. 96-294, Sec. 104(b), designated existing

provisions as subpar. (A), substituted "Except as provided in

subparagraph (B)" for "Except with the approval of Congress" and

"$38,000,000" for "$20,000,000", and added subpar. (B).

1970 - Subsec. (e). Pub. L. 91-379 added subsec. (e).

1953 - Subsec. (a). Act June 30, 1953, made it clear that

Government guaranties of credit may be made under this section in

connection with the termination of Government contracts, and to

provide that no small-business concern shall be denied a guaranty

merely because an alternative source of supply exists for the item

to be procured on the Government contract involved.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

Act July 30, 1953, ch. 282, title I, Sec. 107(a)(2), (b), 67

Stat. 273, required President to transfer functions, powers,

duties, and authority of Reconstruction Finance Corporation under

sections 2091 to 2094 of this Appendix within sixty days after July

30, 1953, and provided that all assets, funds, contracts, loans,

liabilities, commitments, authorizations, allocations, personnel,

and records of Corporation, which Director of Bureau of the Budget

[now Office of Management and Budget], determined necessary to

performance of such functions were to be transferred to officer or

agency of Government to which such functions were transferred.

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June

25, 1974, 39 F.R. 23185, set out as a note under section 761 of

Title 15, Commerce and Trade.

-EXEC-

EXECUTIVE ORDER NO. 10223

Ex. Ord. No. 10223, Mar. 12, 1951, 16 F.R. 2247, providing for

the performance of certain functions under act Sept. 8, 1950, was

revoked by section 404 of Ex. Ord. No. 10281, Aug. 28, 1951, 16

F.R. 8789.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2078, 2095, 2096 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2092 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2092. Loans to private business enterprises

-STATUTE-

(a) Purposes

To expedite production and deliveries or services to aid in

carrying out Government contracts for the procurement of industrial

resources or a critical technology item for the national defense,

the President may make provision for loans (including

participations in, or guarantees of, loan) to private business

enterprises (including research corporations not organized for

profit) for the expansion of capacity, the development of

technological processes, or the production of essential materials,

including the exploration, development, and mining of strategic and

critical metals and minerals, and manufacture of newsprint.

(b) Terms and conditions; Presidential determinations

Such loans may be made without regard to the limitations of

existing law and on such terms and conditions as the President

deems necessary, except that -

(1) financial assistance may be extended only to the extent

that it is not otherwise available on reasonable terms; and

(2) except during periods of national emergency declared by the

Congress or the President, no such loan may be made unless the

President determines that -

(A) the loan is for the expansion of capacity, the

development of a technological process, or the production of

materials essential to the national defense;

(B) without the loan, United States industry cannot

reasonably be expected to provide the needed capacity,

technological processes, or materials in a timely manner;

(C) the loan is the most cost-effective, expedient, and

practical alternative method for meeting the need; and

(D) the combination of the United States national defense

demand and foreseeable nondefense demand is not less than the

output of domestic industrial capability, as determined by the

President, including the output to be established through the

loan.

(c) Identification of industrial resource shortfall

(1) Except as provided in paragraph (4), no loans may be made

under this section, unless the industrial resource shortfall which

such loan is intended to correct has been identified in the Budget

of the United States, or amendments thereto, submitted to the

Congress, accompanied by a statement from the President

demonstrating that the budget submission is in accordance with the

provisions of subsection (b)(2) of this section.

(2) Any such loan may be made only after 60 days have elapsed

after such industrial resource shortfall has been identified

pursuant to paragraph (1).

(3) If the making of any loan or loans to correct an industrial

resource shortfall would cause the aggregate outstanding amount of

all loans for such industrial resource shortfall to exceed

$50,000,000, any such loan or loans may be made only if

specifically authorized by law.

(4) The requirements of paragraphs (1), (2), and (3) may be

waived -

(A) during periods of national emergency declared by the

Congress or the President; and

(B) upon a determination by the President, on a nondelegable

basis, that a specific guarantee is necessary to avert an

industrial resource or critical technology shortfall that would

severely impair national defense capability.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 302, 64 Stat. 801; June

30, 1952, ch. 530, title I, Sec. 104, 66 Stat. 298; Pub. L. 93-155,

title VIII, Sec. 807(b), Nov. 16, 1973, 87 Stat. 615; Pub. L.

96-294, title I, Sec. 104(c), June 30, 1980, 94 Stat. 618; Pub. L.

98-265, Secs. 3(b), 4(b), Apr. 17, 1984, 98 Stat. 149, 151; Pub. L.

102-558, title I, Sec. 121(b), Oct. 28, 1992, 106 Stat. 4204.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-558, Sec. 121(b)(1), substituted

"for the procurement of industrial resources or a critical

technology item for the national defense" for "for the procurement

of materials or the performance of services for the national

defense".

Subsec. (b)(2)(D). Pub. L. 102-558, Sec. 121(b)(2), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: "the United States national defense demand is equal to, or

greater than, domestic industrial capability which the President

reasonably determines to be available for national defense,

including the output to be established through the loan."

Subsec. (c)(1). Pub. L. 102-558, Sec. 121(b)(3), substituted

"Except as provided in paragraph (4), no loans may be made under

this section" for "No such loan may be made under this section,

except during periods of national emergency declared by the

Congress or the President".

Subsec. (c)(3). Pub. L. 102-558, Sec. 121(b)(4), substituted

"$50,000,000" for "$25,000,000".

Subsec. (c)(4). Pub. L. 102-558, Sec. 121(b)(5), added par. (4).

1984 - Subsec. (a). Pub. L. 98-265, Sec. 3(b), designated

existing provision as subsec. (a) and struck out provision that

loans be made without regard to limitations of existing law on such

terms and conditions as the President deems necessary, except that

financial assistance be extended only to the extent not available

on reasonable terms, and that with respect to loans in excess of

$48,000,000, Congressional committees be notified and no

disapproving resolution be adopted within a 60-day period of

continuous session of Congress, with provision for determining

continuity of Congressional session for the purpose of computing

such 60-day period. See subsec. (b).

Subsec. (b). Pub. L. 98-265, Sec. 3(b)(2), added subsec. (b).

Subsec. (c). Pub. L. 98-265, Sec. 4(b), added subsec. (c).

1980 - Pub. L. 96-294 substituted "$48,000,000" for

"$25,000,000".

1973 - Pub. L. 93-155 provided for notification of Congressional

Committees with respect to certain proposed loans, Congressional

resolution of disapproval, continuity of Congressional sessions,

and computation of period.

1952 - Act June 30, 1952, brought manufacture of newsprint within

its provisions.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,

1974, 39 F.R. 23185, set out as a note under section 761 of Title

15, Commerce and Trade.

-MISC2-

OBLIGATIONS ENTERED INTO BEFORE NOVEMBER 16, 1973

Amendment by Pub. L. 93-155 not affecting the carrying out of any

contract, loan, guarantee, commitment, or other obligation entered

into prior to Nov. 16, 1973, see section 807(e) of Pub. L. 93-155,

set out as a note under section 2307 of Title 10, Armed Forces.

-EXEC-

EXECUTIVE ORDER NO. 10634

Ex. Ord. No. 10634, Aug. 31, 1955, 20 F.R. 6433, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971, which related to loans for facilities

destroyed or damaged by major disaster, was revoked by section

5-106 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out

as a note under section 5195 of Title 42, The Public Health and

Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2078, 2091, 2095, 2096,

2161 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2093 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2093. Purchase of raw materials and installation of equipment

-STATUTE-

(a) Presidential provisions

(1) In general

To assist in carrying out the objectives of this Act [sections

2061 to 2171 of this Appendix], the President may make provision

-

(A) for purchases of or commitments to purchase an industrial

resource or a critical technology item, for Government use or

resale; and

(B) for the encouragement of exploration, development, and

mining of critical and strategic materials, and other

materials.

(2) Treatment of certain agricultural commodities

Purchases for resale under this subsection shall not include

that part of the supply of an agricultural commodity which is

domestically produced, except to the extent that such

domestically produced supply may be purchased for resale for

industrial use or stockpiling.

(3) Terms of sales

No commodity purchased under this subsection shall be sold at

less than -

(A) the established ceiling price for such commodity, except

that minerals, metals, and materials shall not be sold at less

than the established ceiling price, or the current domestic

market price, whichever is lower; or

(B) if no ceiling price has been established, the higher of -

(i) the current domestic market price for such commodity;

or

(ii) the minimum sale price established for agricultural

commodities owned or controlled by the Commodity Credit

Corporation, as provided in section 407 of the Agricultural

Act of 1949 [7 U.S.C. 1427].

(4) Delivery dates

No purchase or commitment to purchase any imported agricultural

commodity shall specify a delivery date which is more than 1 year

after the expiration of this section.

(5) Presidential determinations

Except as provided in paragraph (7), the President may not

execute a contract under this subsection unless the President

determines that -

(A) the industrial resource or critical technology item is

essential to the national defense;

(B) without Presidential action under the authority provided

for in this section, United States industry cannot reasonably

be expected to provide the capability for the needed industrial

resource or critical technology item in a timely manner;

(C) purchases, purchase commitments, or other action pursuant

to this section are the most cost-effective, expedient, and

practical alternative method for meeting the need; and

(D) the combination of the United States national defense

demand and foreseeable nondefense demand for the industrial

resource or critical technology item is not less than the

output of domestic industrial capability, as determined by the

President, including the output to be established through the

purchase, purchase commitment, or other action.

(6) Identification of shortfall

(A) In general

Except as provided in paragraph (7), the President shall take

no action under this section unless the industrial resource

shortfall which such action is intended to correct has been

identified in the Budget of the United States, or amendments

thereto, submitted to the Congress and accompanied by a

statement from the President demonstrating that the budget

submission is in accordance with the provisions of paragraph

(5).

(B) Timing of action

Any such action may be taken only after 60 days have elapsed

after such industrial resource shortfall has been identified

pursuant to subparagraph (A).

(C) Limitation

If the taking of any action or actions under this section to

correct an industrial resource shortfall would cause the

aggregate outstanding amount of all such actions for such

industrial resource shortfall to exceed $50,000,000, any such

action or actions may be taken only if specifically authorized

by law.

(7) Waiver

The requirements of paragraphs (1) through (6) may be waived -

(A) during periods of national emergency declared by the

Congress or the President; or

(B) upon a determination by the President, on a nondelegable

basis, that a specific guarantee is necessary to avert an

industrial resource or critical technology item shortfall that

would severely impair national defense capability.

(b) Terms and conditions of purchase

Subject to the limitations in subsection (a) of this section,

purchases and commitments to purchase and sales under such

subsection may be made without regard to the limitations of

existing law, for such quantities, and on such terms and

conditions, including advance payments, and for such periods, but

not extending beyond a date that is not more than 10 years from the

date such purchase, purchase commitment, or sale was initially

made, as the President deems necessary, except that purchases or

commitments to purchase involving higher than established ceiling

prices (or if there be no established ceiling prices, currently

prevailing market prices) or anticipated loss on resale shall not

be made unless it is determined that supply of the materials could

not be effectively increased at lower prices or on terms more

favorable to the Government or that such purchases are necessary to

assure the availability to the United States of overseas supplies.

(c) Subsidy payments on domestically produced materials; exclusion

of agricultural products

If the President finds -

(1) that under generally fair and equitable ceiling prices for

any raw or nonprocessed material, there will result a decrease in

supplies from high-costs sources of such material, and that the

continuation of such supplies is necessary to carry out the

objectives of the Act [sections 2061 to 2171 of this Appendix];

or

(2) that an increase in cost of transportation is temporary in

character and threatens to impair maximum production or supply in

any area at stable prices of any materials;

he may make provision for subsidy payments on any such domestically

produced material other than an agricultural commodity in such

amounts and in such manner (including purchases of such material

and its resale at a loss without regard to the limitations of

existing law), and on such terms and conditions, as he determines

to be necessary to insure that supplies from such high-cost sources

are continued, or that maximum production or supply in such area at

stable prices of such materials is maintained, as the case may be.

(d) Transportation, storage, and processing

The procurement power granted to the President by this section

shall include the power to transport and store and have processed

and refined, any materials procured under this section.

(e) Installation of equipment in industrial facilities

When in his judgment it will aid the national defense, the

President is authorized to install additional equipment,

facilities, processes or improvements to plants, factories, and

other industrial facilities owned by the United States Government,

and to install government-owned equipment in plants, factories, and

other industrial facilities owned by private persons.

(f) Transfer of excess materials to national stockpile

Notwithstanding any other provision of law to the contrary,

metals, minerals, and materials acquired pursuant to the provisions

of this section which, in the judgment of the President, are excess

to the needs of programs under this Act [sections 2061 to 2171 of

this Appendix], shall be transferred to the National Defense

Stockpile established by the Strategic and Critical Materials Stock

Piling Act (50 U.S.C. 98 et seq.), when the President deems such

action to be in the public interest. Transfers made pursuant to

this subsection shall be made without charge against or

reimbursement from funds appropriated for the purposes of such Act,

except that costs incident to such transfer other than acquisition

costs shall be paid or reimbursed from such funds, and the

acquisition costs of such metals, minerals, and materials

transferred shall be deemed to be net losses incurred by the

transferring agency and the notes payable issued to the Secretary

of the Treasury representing the amounts thereof shall be canceled.

Upon the cancellation of any such notes the aggregate amount of

borrowing which may be outstanding at any one time under section

304(b) (!1) of this Act, as amended [section 2094(b) of this

Appendix], shall be reduced in an amount equal to the amount of any

notes so canceled.

(g) Development of substitutes for strategic and critical materials

When in his judgment it will aid the national defense, the

President may make provision for the development of substitutes for

strategic and critical materials, critical components, critical

technology items, and other industrial resources.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 303, 64 Stat. 801; July

31, 1951, ch. 275, title I, Sec. 103(a), 65 Stat. 133; June 30,

1953, ch. 171, Secs. 5, 6, 67 Stat. 130; Aug. 9, 1955, ch. 655,

Sec. 3, 69 Stat. 580; June 29, 1956, ch. 474, Sec. 2, 70 Stat. 408;

Pub. L. 88-343, Sec. 2, June 30, 1964, 78 Stat. 235; Pub. L.

92-325, Sec. 1, June 30, 1972, 86 Stat. 390; Pub. L. 94-273, Sec.

2(29), Apr. 21, 1976, 90 Stat. 376; Pub. L. 96-41, Sec. 3(c), July

30, 1979, 93 Stat. 325; Pub. L. 96-294, title I, Sec. 104(d), June

30, 1980, 94 Stat. 618; Pub. L. 98-265, Secs. 3(c), 4(c), Apr. 17,

1984, 98 Stat. 150, 151; Pub. L. 102-558, title I, Sec. 121(c),

(d), Oct. 28, 1992, 106 Stat. 4204, 4206; Pub. L. 107-47, Sec.

4(3), Oct. 5, 2001, 115 Stat. 260.)

-REFTEXT-

REFERENCES IN TEXT

For expiration of this section, referred to in subsec. (a)(4),

see section 2166(a) of this Appendix.

The Strategic and Critical Materials Stock Piling Act, referred

to in subsec. (f), is act June 7, 1939, ch. 190, as revised

generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,

which is classified generally to subchapter III (Sec. 98 et seq.)

of chapter 5 of Title 50, War and National Defense. For complete

classification of this Act to the Code, see section 98 of Title 50

and Tables.

Section 304(b) of this Act, referred to in subsec. (f), is

classified to section 2094(b) of this Appendix, and was repealed

and a new subsec. (b) was enacted by Pub. L. 93-426, Sec. 2, Sept.

30, 1974, 88 Stat. 1166, which does not relate to limiting

aggregate amount of borrowing which may be outstanding.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(7)(B). Pub. L. 107-47 inserted "item" after

"critical technology".

1992 - Subsec. (a). Pub. L. 102-558, Sec. 121(c)(1), amended

subsec. (a) generally, substituting present provisions for

provisions relating to purchases for use or resale, development of

strategic minerals, metals, and materials, exclusion of certain

agricultural commodities, termination of purchase authority,

Presidential action, and identification of industrial resource

shortfalls.

Subsec. (b). Pub. L. 102-558, Sec. 121(c)(2), substituted "a date

that is not more than 10 years from the date such purchase,

purchase commitment, or sale was initially made" for "September 30,

1995".

Subsec. (g). Pub. L. 102-558, Sec. 121(d), inserted before period

at end ", critical components, critical technology items, and other

industrial resources".

1984 - Subsec. (a). Pub. L. 98-265, Sec. 3(c), inserted provision

requiring President, except during periods of national emergency,

to make specific determinations before executing a contract under

this subsection.

Pub. L. 98-265, Sec. 4(c), inserted provision requiring

President, except during periods of national emergency, to identify

industrial resource shortfall before taking any action under this

section.

1980 - Subsec. (a). Pub. L. 96-294, Sec. 104(d)(1), inserted

references to materials after metals wherever appearing.

Subsec. (b). Pub. L. 96-294, Sec. 104(d)(2), substituted "1995"

for "1985".

Subsec. (g). Pub. L. 96-294, Sec. 104(d)(3), struck out

provisions relating to certifications by Secretaries of Agriculture

and Interior regarding short supply of a particular strategic or

critical material.

1979 - Subsec. (f). Pub. L. 96-41 substituted "the National

Defense Stockpile established by the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98 et seq.)" for "the

national stockpile established pursuant to the Act of June 7, 1939,

as amended (50 U.S.C. 98-98h)" and "from funds appropriated for the

purposes of such Act" for "from funds available under such Act of

June 7, 1939, as amended".

1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for

"June".

1972 - Subsec. (b). Pub. L. 92-325 substituted "June 30, 1985"

for "June 30, 1975".

1964 - Subsec. (b). Pub. L. 88-343 substituted "June 30, 1975"

for "June 30, 1965".

1956 - Subsec. (b). Act June 29, 1956, substituted "June 30,

1965" for "June 30, 1963".

1955 - Subsec. (g). Act Aug. 9, 1955, added subsec. (g).

1953 - Subsec. (b). Act June 30, 1953, Sec. 5, substituted "1963"

for "1962".

Subsec. (f). Act June 30, 1953, Sec. 6, added subsec. (f).

1951 - Act July 31, 1951, amended section generally to broaden

authority under this section to include materials generally, to

continue prohibition against resale of domestic agricultural

commodities except for industrial uses or stockpiling but

eliminated it as to imported agricultural commodities, to provide

that minerals and metals purchased under subsec. (a) may be sold at

less than the established ceiling price, but not less than the

current domestic market price, to limit provision barring contracts

calling for delivery more than one year after the expiration of

this section to imported agricultural commodities, to provide that

purchases and commitments to purchase under subsec. (a) may not be

made for any period extending beyond June 30, 1952, and to provide

for a differential subsidy.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Aug. 9, 1955, effective as of close of July 31,

1955, see section 11 of act Aug. 9, 1955, set out as a note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], relating to production, conservation, use,

control, distribution, and allocation of energy, delegated to

Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,

1974, 39 F.R. 23185, set out as a note under section 761 of Title

15, Commerce and Trade.

-MISC2-

AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE

SHORTFALL FOR RADIATION-HARDENED ELECTRONICS

Pub. L. 107-314, div. A, title VIII, Sec. 829, Dec. 2, 2002, 116

Stat. 2618, provided that: "Notwithstanding the limitation in

section 303(a)(6)(C) of the Defense Production Act of 1950 (50

U.S.C. App. 2093(a)(6)(C)), action or actions may be taken under

section 303 of that Act to correct the industrial resource

shortfall for radiation-hardened electronics, if such actions do

not cause the aggregate outstanding amount of all such actions to

exceed $106,000,000."

CLARIFICATION OF STOCKPILE STATUS OF CERTAIN MATERIALS

For provisions that all materials purchased under this section

and held in the Defense Production Act inventory as of June 30,

1992, are transferred to the National Defense Stockpile, see

section 3315 of Pub. L. 102-484, as amended, set out as a note

under section 98c of Title 50, War and National Defense.

-EXEC-

EXECUTIVE ORDER NO. 10219

Ex. Ord. No. 10219, Feb. 28, 1951, 16 F.R. 1983, as amended by

Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513; Ex. Ord. No.

10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10773, July 1,

1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R.

6971, which related to the responsibilities of Federal agencies

with respect to transportation and storage, was superseded by Ex.

Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, formerly set out as a

note under section 2271 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2078, 2091, 2094, 2095,

2096, 2161 of this Appendix; title 50 section 98c.

-FOOTNOTE-

(!1) See References in Text note below.

-End-