-CITE-

50 USC APPENDIX TITLE 50, APPENDIX - WAR AND

NATIONAL DEFENSE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

-MISC1-

Act Sec.

--------------------------------------------------------------------

Proclamations, Executive Orders, Joint Resolutions and 1

Treaties Respecting War, Neutrality and Peace ............

Notes prec. sec.

Trading with the Enemy Act of 1917 1

Soldiers' and Sailors' Civil Relief Act of 1918 [Omitted] 101

Selective Draft Act of 1917 [Omitted or Repealed] 201

Selective Training and Service Act of 1940 [Omitted or 301

Repealed]

Office of Selective Service Records 321

Service Extension Act of 1941 [Repealed] 351

Army Reserve and Retired Personnel Service Law of 1940 401

[Omitted]

Military Selective Service Act 451

Soldiers' and Sailors' Civil Relief Act of 1940 501

First War Powers Act, 1941 [Repealed, Omitted, or 601

Transferred]

Second War Powers Act, 1942 [Repealed or Omitted] 631

Exportation Restrictions on Certain Articles [Repealed or 701

Omitted]

Requisition of Military Equipment, Materials and Supplies 711

[Omitted]

Territorial Use of Army and Extension of Service Period 731

[Omitted, Transferred, or Repealed]

Civilian Protection From War Hazards [Omitted] 741

Decorations, etc., for Merchant Marine [Repealed] 751

Use of Public Lands for War Purposes [Repealed] 756

Miscellaneous Provisions Affecting Military Establishment 761

[Omitted, Repealed, or Transferred]

Photographing, Mapping or Other Representation of Military 781

or Defense Properties [Omitted]

Exemption of Certain Articles From Import Duties and Taxes 791

[Omitted or Repealed]

Temporary Appointments, Promotions, etc., of Navy, Marine 806

Corps, and Coast Guard Officers [Omitted or Repealed]

Jurisdiction of Prizes and Prize Proceedings [Transferred] 821

Certain Allowance Assistance for Civilian and Military 831

Personnel [Repealed or Omitted]

Free Entry of Gifts From Members of Armed Forces [Omitted] 846

Free Postage for Armed Forces Personnel [Omitted] 891

Emergency Price Control Act of 1942 [Omitted] 901

Stabilization Act of 1942 [Omitted] 961

Extension of Sugar Controls [Omitted] 981

Missing Persons Act [Repealed] 1001

Small Business Mobilization Act [Omitted, Transferred, or 1101

Repealed]

War and Defense Contract Acts [Omitted or Repealed] 1151

National Emergency and War Shipping Acts 1251

Farm Labor Supply Appropriation Act, 1944 [Omitted] 1351

War Overtime Pay Act of 1943 [Repealed] 1401

Training of Nurses Through Grants to Institutions [Omitted] 1451

Civilian Reemployment of Members of Merchant Marine 1471

[Repealed]

War Labor Disputes Act [Omitted] 1501

Voluntary Enlistments in Regular Military Establishment 1531

[Repealed]

Women's Army Corps [Repealed] 1551

United Nations Relief and Rehabilitation Administration 1571

[Omitted]

Temporary Appointments of Army Nurse Corps Members, etc., 1591

as Officers of Army of United States [Repealed]

Disposal of Materials on Public Lands [Omitted] 1601

Surplus Property Act of 1944 1611

War Mobilization and Reconversion Act of 1944 [Omitted] 1651

Fleet Admiral of Navy and General of Army [Repealed] 1691

Disposal of Censored Mail [Omitted] 1701

Disbursing Officers' Additional Functions [Transferred] 1705

General of Marine Corps [Omitted] 1711

Admiral in Coast Guard [Repealed] 1721

Exception of Navy or Coast Guard Vessels From Certain 1731

Navigation Rules [Transferred]

Sale of Surplus War-Built Vessels 1735

Rehabilitation of Philippines [Omitted] 1751

Return and Interment of Persons Buried Outside United 1811

States [Repealed]

Veterans' Emergency Housing Program [Repealed or Omitted] 1821

Naval Vessels as Atomic Targets [Omitted] 1841

Admission of Alien Fiance&233;es Into United States 1851

[Omitted]

Military Assistance to Philippine Republic [Omitted] 1861

Naval Aid to China [Omitted] 1871

Naval Aid to Foreign Nations [Omitted] 1876

Housing and Rent Acts 1881

Stabilization of Economy and Commodity Prices 1911

Domestic Rubber-Producing Industry [Omitted] 1921

Disposal of Government-Owned Rubber-Producing Facilities 1941

Displaced Persons, Refugees and Orphans [Omitted] 1951

American-Japanese Evacuation Claims 1981

Restitution for World War II Internment of 1989

Japanese-Americans and Aleuts

Medical Care for Philippine Veterans [Repealed] 1991

War Claims 2001

Micronesian War and Postwar Claims [Omitted] 2018

Export Controls [Omitted] 2021

Alien Property Damage Claims [Omitted] 2041

Defense Production Act of 1950 2061

Domestic Minerals Program Extension 2181

Domestic Tungsten, Asbestos, Fluorspar and 2191

Columbium-Tantalum Purchase Programs [Omitted]

Dependents Assistance Act of 1950 [Omitted or Repealed] 2201

Civil Defense 2251

Emergency Food Aid to India [Omitted] 2311

Korean Combat Pay [Repealed] 2351

World War II License Agreements 2371

Emergency Ship Repair Program [Repealed] 2391

Export Regulation 2401

--------------------------------------------------------------------

-HEAD-

PROCLAMATIONS, EXECUTIVE ORDERS, JOINT RESOLUTIONS AND TREATIES

RESPECTING WAR, NEUTRALITY AND PEACE

I28I. PROCLAMATIONS OF STATE OF WAR

War between Germany and France; Poland; Proc. No. 2374

and the United Kingdom, India, Australia,

Canada, New Zealand and the Union of

South Africa

War between Germany and Norway Proc. No. 2398

War between Germany and Belgium, Proc. No. 2404

Luxemburg, and the Netherlands

War between Italy and France and United Proc. No. 2407

Kingdom

War between Italy and Greece Proc. No. 2443

War between Germany-Italy and Yugoslavia Proc. No. 2473

War between Hungary and Yugoslavia Proc. No. 2477

War between Bulgaria and Yugoslavia and Proc. No. 2479

Greece

II. PROCLAMATIONS OF UNITED STATES NEUTRALITY

War between Germany and France; Poland; Proc. No. 2348

United Kingdom, India, Australia and New

Zealand

War between Germany and Union of South Proc. Nos. 2353, 2359

Africa, Canada

War between Germany and Norway Proc. No. 2399

War between Germany and Belgium, Proc. No. 2405

Luxemburg, and the Netherlands

War between Italy and France and United Proc. No. 2408

Kingdom

War between Italy and Greece Proc. No. 2444

III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS

Neutrality of the United States Ex. Ord. No. 8233

Vessels through Panama Canal in any War Ex. Ord. No. 8234

in which the United States is Neutral

Neutrality in the Canal Zone Proc. No. 2350

National Emergency, 1950 Proc. No. 2914

National Emergency of 1939 Proc. No. 2352

National Emergency of 1941 Proc. No. 2487

Removal of Alien Enemies Proc. No. 2685

Termination of President's War Relief Ex. Ord. No. 9723

Control Board

Termination of Wartime Emergencies Proc. No. 2974

IV. DECLARATIONS OF WAR BY UNITED STATES

War between United States and Germany Joint Res. April 6,

1917, 40 Stat. 1

War between United States and Joint Res. Dec. 7,

Austria-Hungary 1917, 40 Stat. 429

War between United States and Japan Res. Dec. 8, 1941,

ch. 561

War between United States and Germany Res. Dec. 11, 1941,

ch. 564

War between United States and Italy Res. Dec. 11, 1941,

ch. 565

War between United States and Bulgaria Res. June 5, 1942,

ch. 323

War between United States and Hungary Res. June 5, 1942,

ch. 324

War between United States and Rumania Res. June 5, 1942,

ch. 325

War between United States and Hungary, Proc. No. 2563

Bulgaria, and Rumania

V. TERMINATION OF STATE OF WAR

Cessation of Hostilities of World War II Proc. No. 2714

Treaties of Peace with Italy, Bulgaria, Feb. 10, 1947

Hungary, Rumania and Finland

Treaty of Peace with Japan Sept. 8, 1951

Termination of War with Germany Jt. Res. Oct. 19,

1951, Proc. No. 2950

Ratification of Japanese Peace Treaty Mar. 20, 1952

VI. AUTHORIZATION TO EMPLOY ARMED FORCES

Termination of Hostilities in Indochina Pub. L. 92-129, Sept.

28, 1971, 85 Stat. 360

Maintenance of International Peace and Pub. L. 88-408, Aug.

Security in Southeast Asia 10, 1964, 78 Stat. 384

Interdiction of the Delivery of Offensive Proc. No. 3504, Oct.

Weapons to Cuba 23, 1962

Termination of Authority Granted and Proc. 3507, Nov. 21,

Orders Issued in Proc. No. 3504 1962

Middle East Stabilization Pub. L. 85-7, Mar. 9,

1957, 71 Stat. 5

Protection of Security of Formosa Res. Jan. 29, 1955

--------------------------------------------------------------------

See, also, notes under the Neutrality Act of 1939, sections 441,

444, 445, 447 to 451, 453 to 457 of Title 22, Foreign Relations and

Intercourse.

I. PROCLAMATIONS OF STATE OF WAR

Proc. No. 2374, Nov. 4, 1939, 12:04 p.m., 4 F.R. 4493, 54 Stat.

2671, proclaimed a state of war between Germany and France; Poland;

and the United Kingdom, India, Australia, Canada, New Zealand and

the Union of South Africa.

Proc. No. 2398, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2698,

proclaimed a state of war between Germany and Norway.

Proc. No. 2404, May 11, 1940, 5 F.R. 1689, 54 Stat. 2703,

proclaimed a state of war between Germany and Belgium, Luxemburg,

and the Netherlands.

Proc. No. 2407, June 10, 1940, 10:20 p.m., E.S.T., 5 F.R. 2191,

54 Stat. 2706, proclaimed a state of war between Italy and France

and United Kingdom.

Proc. No. 2443, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2763,

proclaimed a state of war between Italy and Greece.

Proc. No. 2473, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1627,

proclaimed a state of war between Germany-Italy and Yugoslavia.

Proc. No. 2477, Apr. 15, 1941, 6 F.R. 1995, 55 Stat. 1631,

proclaimed a state of war between Hungary and Yugoslavia.

Proc. No. 2479, Apr. 24, 1941, 6 F.R. 2133, 55 Stat. 1636,

proclaimed a state of war between Bulgaria and Yugoslavia and

Greece.

II. PROCLAMATIONS OF UNITED STATES NEUTRALITY

Proc. No. 2348, Sept. 5, 1939, 4 F.R. 3809, 54 Stat. 2629,

proclaimed neutrality of United States in war between Germany and

France; Poland; United Kingdom, India, Australia, and New Zealand.

Proc. No. 2353, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643,

proclaimed neutrality of United States in war between Germany and

Union of South Africa.

Proc. No. 2359, Sept. 10, 1939, 4 F.R. 3857, 54 Stat. 2652,

proclaimed neutrality of United States in war between Germany and

Canada.

Proc. No. 2399, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2699,

proclaimed neutrality of United States in war between Germany and

Norway.

Proc. No. 2405, May 11, 1940, 5 F.R. 1689, 54 Stat. 2704,

proclaimed neutrality of United States in war between Germany and

Belgium, Luxemburg, and the Netherlands.

Proc. No. 2408, June 10, 1940, 10:20 p.m. E.S.T., 5 F.R. 2191, 54

Stat. 2707, proclaimed neutrality of United States in war between

Italy and France and United Kingdom.

Proc. No. 2444, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2764,

proclaimed neutrality of United States in war between Italy and

Greece.

III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS

-MISC2-

NATIONAL EMERGENCY OF 1939

Proc. No. 2352, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643,

proclaimed national emergency in connection with enforcement of

neutrality which was terminated by Proc. No. 2974, set out below.

NATIONAL EMERGENCY OF 1941

Proc. No. 2487, May 27, 1941, 6 F.R. 2617, 55 Stat. 1647,

proclaimed an unlimited national emergency which was terminated by

Proc. No. 2974, set out below.

-EXEC-

PROC. NO. 2685. REMOVAL OF ALIEN ENEMIES

Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, p.

1342, provided:

1. All alien enemies within the continental limits of the United

States brought here from other American republics after December 7,

1941, who are within the territory of the United States without

admission under the immigration laws, shall, if their continued

residence in the Western Hemisphere is deemed by the Secretary of

State to be prejudicial to the future security or welfare of the

Americas, be subject upon the order of the Secretary of State to

removal from the United States and may be required to depart

therefrom in accordance with such regulations as the Secretary of

State may prescribe.

2. In all cases in which the Secretary of State shall have

ordered the removal of an alien enemy under the authority of this

proclamation or in which the Attorney General shall have ordered

the removal of an alien enemy under the authority of Proclamation

No. 2655 of July 14, 1945, thirty days shall be considered, and is

hereby declared to be, a reasonable time for such alien enemy to

effect the recovery, disposal, and removal of his goods and

effects, and for his departure.

3. This proclamation supersedes Proclamation No. 2662 of

September 8, 1945, entitled "Removal of Alien Enemies."

Harry S Truman.

PROC. NO. 2914. NATIONAL EMERGENCY, 1950

Proc. No. 2914, Dec. 16, 1950, 15 F.R. 9029, 64 Stat. a454

provided:

WHEREAS recent events in Korea and elsewhere constitute a grave

threat to the peace of the world and imperil the efforts of this

country and those of the United Nations to prevent aggression and

armed conflict; and

WHEREAS world conquest by communist imperialism is the goal of

the forces of aggression that have been loosed upon the world; and

WHEREAS, if the goal of communist imperialism were to be

achieved, the people of this country would no longer enjoy the full

and rich life they have with God's help built for themselves and

their children; they would no longer enjoy the blessings of the

freedom of worshipping as they severally choose, the freedom of

reading and listening to what they choose, the right of free speech

including the right to criticize their Government, the right to

choose those who conduct their Government, the right to engage

freely in collective bargaining, the right to engage freely in

their own business enterprises, and the many other freedoms and

rights which are a part of our way of life; and

Whereas the increasing menace of the forces of communist

aggression requires that the national defense of the United States

be strengthened as speedily as possible:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United

States of America, do proclaim the existence of a national

emergency, which requires that the military, naval, air, and

civilian defenses of this country be strengthened as speedily as

possible to the end that we may be able to repeal any and all

threats against our national security and to fulfill our

responsibilities in the efforts being made through the United

Nations and otherwise to bring about lasting peace.

I summon all citizens to make a united effort for the security

and well-being of our beloved country and to place its needs

foremost in thought and action that the full moral and material

strength of the Nation may be readied for the dangers which

threaten us.

I summon our farmers, our workers in industry, and our

businessmen to make a mighty production effort to meet the defense

requirements of the Nation and to this end to eliminate all waste

and inefficiency and to subordinate all lesser interests to the

common good.

I summon every person and every community to make, with a spirit

of neighborliness, whatever sacrifices are necessary for the

welfare of the Nation.

I summon all State and local leaders and officials to cooperate

fully with the military and civilian defense agencies of the United

States in the national defense program.

I summon all citizens to be loyal to the principles upon which

our Nation is founded, to keep faith with our friends and allies,

and to be firm in our devotion to the peaceful purposes for which

the United Nations was founded.

I am confident that we will meet the dangers that confront us

with courage and determination, strong in the faith that we can

thereby "secure the Blessings of Liberty to ourselves and our

Posterity."

Harry S. Truman.

PROC. NO. 2974. TERMINATION OF WARTIME EMERGENCIES

Proc. No. 2974, Apr. 28, 1952, 17 F.R. 3813, 66 Stat. c31,

provided in part:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United

States of America, do proclaim that the national emergencies

declared to exist by the proclamations of September 8, 1939 [set

out above], and May 27, 1941 [set out above], terminated this day

upon the entry into force of the Treaty of Peace with Japan.

Nothing in this proclamation shall be construed to affect

Proclamation No. 2914 [set out above], issued by the President on

December 16, 1950, declaring that world conquest by communist

imperialism is the goal of the forces of aggression that have been

loosed upon the world, and proclaiming the existence of a national

emergency requiring that the military, naval, air, and civilian

defenses of this country be strengthened as speedily as possible to

the end that we may be able to repel any and all threats against

our national security and to fulfill our responsibilities in the

efforts being made through the United Nations and otherwise to

bring about lasting peace; and nothing herein shall be construed to

affect the continuation of the said emergency of September 8, 1939,

as specified in the Emergency Powers Interim Continuation Act,

approved April 14, 1952 (Public Law 313 - 82d Congress), for the

purpose of continuing the use of property held under the Act of

October 14, 1940, ch. 862, 54 Stat. 1125, as amended [sections 1521

to 1524, 1531 to 1536, 1541 to 1553, 1561 to 1564, 1571 to 1576,

1581 to 1590 of Title 42, The Public Health and Welfare].

Harry S Truman.

EXECUTIVE ORDER NO. 8233

Ex. Ord. No. 8233, Sept. 5, 1939, 4 F.R. 3822, referred to

regulations governing enforcement of neutrality of the United

States.

EX. ORD. NO. 8234. REGULATIONS GOVERNING PASSAGE AND CONTROL OF

VESSELS THROUGH PANAMA CANAL IN ANY WAR IN WHICH THE UNITED STATES

IS NEUTRAL

Ex. Ord. No. 8234, Sept. 5, 1939, 4 F.R. 3823, as amended by Ex.

Ord. No. 8382, Mar. 25, 1940, 5 F.R. 1185, provided:

WHEREAS the treaties of the United States, in any war in which

the United States is a neutral, impose on the United States certain

obligations to both neutral and belligerent nations;

AND WHEREAS the treaties of the United States, in any war in

which the United States is a neutral, require that the United

States exert all the vigilance within their power to carry out

their obligations as a neutral;

AND WHEREAS treaties of the United States require that the Panama

Canal shall be free and open, on terms of entire equality, to the

vessels of commerce and of war of all nations observing the rules

laid down in Article 3 of the so-called Hay-Pauncefote treaty

concluded between the United States and Great Britain, November 18,

1901:

NOW, THEREFORE, by virtue of the authority vested in me by

section 5 of the Panama Canal Act, approved August 24, 1912 (ch.

390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932

(ch. 425, 47 Stat. 578), I hereby prescribe the following

regulations governing the passage and control of vessels through

the Panama Canal or any part thereof, including the locks and

approaches thereto, in any war in which the United States is a

neutral;

1. Whenever considered necessary, in the opinion of the Governor

of the Panama Canal, to prevent damage or injury to vessels or to

prevent damage or injury to the Canal or its appurtenances, or to

secure the observance of the rules, regulations, rights, or

obligations of the United States, the Canal authorities may at any

time, as a condition precedent to transit of the Canal, inspect any

vessel, belligerent or neutral, other than a public vessel,

including its crew and cargo, and, for and during the passage

through the Canal, place armed guards thereon, and take full

possession and control of such vessel and remove therefrom the

officers and crew thereof and all other persons not specially

authorized by the Canal authorities to go or remain on board

thereof during such passage.

2. A public vessel of a belligerent or neutral nation shall be

permitted to pass through the Canal only after her commanding

officer has given written assurance to the authorities of the

Panama Canal that the rules, regulations, and treaties of the

United States will be faithfully observed.

3. Possession of cameras on board vessels; photographing from

vessels. While on board any vessel in transit through the Panama

Canal, no person shall (a) have or remain in possession of any

camera, or (b) make any photograph, sketch, picture, drawing, map,

or graphical representation of any of the locks of the Panama

Canal, or of any portion of any such lock, or of any area within or

adjacent to any such lock, or of any object or structure within or

upon any such area, without first obtaining the permission of the

Governor of The Panama Canal, and promptly submitting the product

obtained to the Governor for such action as he may deem necessary.

The master of every vessel that transmits the Panama Canal (a)

shall prior to the beginning of each transit cause all cameras on

board such vessel, or which are brought on board by embarking

passengers, or otherwise, to be collected and delivered to him, and

shall retain the said cameras in his possession, in a secure and

inaccessible place, until the disembarkation of the original

possessors thereof or until the transit through the Canal is

completed, and (b) shall during such transit take such further

action, in cooperation with the Canal authorities, as may be

necessary to prevent the making, by any person on board such vessel

in the waters of the Canal Zone, of any photograph, sketch,

picture, drawing, map, or graphical representation which is

forbidden by this paragraph; but these provisions shall not apply

with respect to any person who has obtained permission as provided

in this paragraph. Any person who shall violate any provision of

this paragraph shall be punishable as provided in section 9 of

title 2 of the [former] Canal Zone Code.

The foregoing regulations are in addition to the "Rules and

Regulations for the Operation and Navigation of the Panama Canal

and Approaches Thereto, including all Waters under its

Jurisdiction" prescribed by Executive Order No. 4314 of September

25, 1925, as amended, and the provisions of proclamations and

executive orders pertaining to the Canal Zone issued in conformity

with the laws and treaties of the United States.

Proc. No. 2350, eff. Sept. 5, 1939, 4 F.R. 3821, 54 Stat. 2368,

referred to regulations concerning neutrality in the Canal Zone.

Franklin D. Roosevelt.

EX. ORD. NO. 9723. TERMINATION OF PRESIDENT'S WAR RELIEF CONTROL

BOARD

Ex. Ord. No. 9723, May 14, 1946, 11 F.R. 5345, provided:

Executive Order No. 9205 of July 25, 1942, is revoked, and the

President's War Relief Control Board established by that order is

hereby terminated. The Secretary of State is authorized and

directed to liquidate all of the activities and obligations and

wind up all of the affairs of the Board as rapidly as practicable,

and to utilize therefore such of the personnel property, records,

and unexpended appropriations of the Board as may be necessary.

Harry S Truman.

-HEAD-

IV. DECLARATIONS OF WAR BY UNITED STATES

-MISC3-

WAR BETWEEN UNITED STATES AND GERMANY

Declared by Joint Res. April 6, 1917, 40 Stat. 1.

WAR BETWEEN UNITED STATES AND AUSTRIA-HUNGARY

Declared by Joint Res. Dec. 7, 1917, 40 Stat. 429.

WAR BETWEEN UNITED STATES AND JAPAN

Declared by Joint Res. Dec. 8, 1941, 4:10 p.m., E.S.T., ch. 561,

55 Stat. 795.

WAR BETWEEN UNITED STATES AND GERMANY

Declared by Joint Res. Dec. 11, 1941, 3:05 p.m. E.S.T., ch. 564,

55 Stat. 796.

WAR BETWEEN UNITED STATES AND ITALY

Declared by Joint Res. Dec. 11, 1941, 3:06 p.m., E.S.T., ch. 565,

55 Stat. 797.

WAR BETWEEN THE UNITED STATES AND BULGARIA

Declared by Joint Res. June 5, 1942, ch. 323, 56 Stat. 307.

WAR BETWEEN UNITED STATES AND HUNGARY

Declared by Joint Res. June 5, 1942, ch. 324, 56 Stat. 307.

WAR BETWEEN UNITED STATES AND RUMANIA

Declared by Joint Res. June 5, 1942, ch. 325, 56 Stat. 307.

-EXEC-

PROC. NO. 2563. PROCLAMATION OF STATE OF WAR BETWEEN UNITED STATES

AND HUNGARY, BULGARIA, AND RUMANIA

Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. 1970,

proclaimed that a state of war existed between the United States

and Hungary, Rumania, and Bulgaria.

-HEAD-

V. TERMINATION OF STATE OF WAR

-MISC4-

CESSATION OF HOSTILITIES

The cessation of hostilities of World War II was officially

proclaimed by the President of the United States, Proclamation No.

2714, Dec. 31, 1946, 12 F.R. 1, 61 Stat. 1048, in the following

language:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United

States of America, do hereby proclaim the cessation of

hostilities of World War II, effective twelve o'clock noon,

December 31, 1946.

TREATIES OF PEACE WITH ITALY, BULGARIA, HUNGARY, RUMANIA, AND

FINLAND

On the 10th day of February 1947, separate Treaties of Peace were

concluded by designated Allied and Associated Powers, including the

United States of America, with Italy, Bulgaria, Hungary and

Rumania.

Each of these Treaties contained a recital in the Preamble that

the Allied and Associated Powers named therein

Have therefore agreed to declare the cessation of the state

of war and for this purpose to conclude the present Treaty of

Peace, and have accordingly appointed the undersigned

Plenipotentiaries who, after presentation of their full powers,

found in good and due form, have agreed on the following

provisions: * * *.

The full text of the Treaties of Peace with Italy, Bulgaria,

Hungary, Rumania and Finland are set out in 61 Stat. 1245, 1915,

2065, 1757.

On the same date a Treaty of Peace was concluded with Finland.

The United States is not a signatory thereto.

TREATY OF PEACE WITH JAPAN

The Treaty of Peace with Japan signed at the city of San

Francisco on the 8th day of September 1951, Chapter I, Article 1,

provides:

(a) The state of war between Japan and each of the Allied

Powers is terminated as from the date on which the present

Treaty comes into force between Japan and the Allied Power

concerned as provided for in Article 23.

Article 23 of Chapter VII, above referred to, provides:

(a) The present Treaty shall be ratified by the States which

sign it, including Japan, and will come into force for all the

States which have then ratified it, when instruments of

ratification have been deposited by Japan and by a majority,

including the United States of America as the principal

occupying Power, of the following States [here would appear the

names of such of the following States as are signatories to the

present Treaty], namely Australia, Burma, Canada, Ceylon,

France, India, Indonesia, the Netherlands, New Zealand,

Pakistan, the Philippines, the United Kingdom of Great Britain

and Northern Ireland, the Union of Soviet Socialist Republics,

and the United States of America. The present Treaty shall come

into force for each State which subsequently ratifies it, on

the date of the deposit of its instrument of ratification.

(b) If the Treaty has not come into force within nine months

after the date of the deposit of Japan's ratification, any

State which has ratified it may bring the Treaty into force

between itself and Japan by a notification to that effect given

to the Government of Japan and of the United States of America

not later than three years after the date of deposit of Japan's

ratification.

RATIFICATION OF JAPANESE PEACE TREATY

The Treaty of Peace with Japan, signed at San Francisco on

September 8, 1951, was ratified by the United States Senate on

March 20, 1952. For Resolution of ratification, see Congressional

Record, Vol. 98, No. 46, Thursday, March 20, 1952, p. 2634.

GERMANY

JOINT RESOLUTION OF CONGRESS

Joint Res. Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That

the state of war declared to exist between the United States and

the Government of Germany by the joint resolution of Congress

approved December 11, 1941, is hereby terminated and such

termination shall take effect on the date of enactment of this

resolution [Oct. 19, 1951]: Provided, however, That notwithstanding

this resolution and any proclamation issued by the President

pursuant thereto, any property or interest which prior to January

1, 1947, was subject to vesting or seizure under the provisions of

the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411),

as amended [sections 1 to 6, 7 to 39, 41 to 44 of this Appendix] or

which has heretofore been vested or seized under that Act,

including accruals to or proceeds of any such property or interest,

shall continue to be subject to the provisions of that Act in the

same manner and to the same extent as if this resolution had not

been adopted and such proclamation had not been issued. Nothing

herein and nothing in such proclamation shall alter the status, as

it existed immediately prior hereto, under that Act, of Germany or

of any person with respect to any such property or interest."

PROCLAMATION NO. 2950

Proc. No. 2950, Oct. 25, 1951, 16 F.R. 10915, 66 Stat. c3,

proclaimed that the state of war between the United States and the

Government of Germany declared on Dec. 11, 1941 was terminated on

Oct. 19, 1951.

-HEAD-

VI. AUTHORIZATION TO EMPLOY ARMED FORCES

-MISC5-

MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN SOUTHEAST ASIA

Pub. L. 88-408, Aug. 10, 1964, 78 Stat. 384, which authorized the

President to take all necessary measures to repeal armed attack

against the forces of the United States in the interest of the

maintenance of peace and security in Southeast Asia, was terminated

by Pub. L. 91-672, Sec. 12, Jan. 12, 1971, 84 Stat. 2055, effective

upon the day that the second session of the Ninety-first Congress

was last adjourned. The second session of the Ninety-first Congress

adjourned sine die on January 2, 1971.

TERMINATION OF HOSTILITIES IN INDOCHINA

Pub. L. 92-129, title IV, Sec. 401, Sept. 28, 1971, 85 Stat. 360,

provided that: "It is hereby declared to be the sense of Congress

that the United States terminate at the earliest practicable date

all military operations of the United States in Indochina, and

provide for the prompt and orderly withdrawal of all United States

military forces at a date certain subject to the release of all

American prisoners of war held by the Government of North Vietnam

and forces allied with such Government, and an accounting for all

Americans missing in action who have been held by or known to such

Government or such forces. The Congress hereby urges and requests

the President to implement the above expressed policy by initiating

immediately the following actions:

"(1) Negotiate with the Government of North Vietnam for an

immediate cease-fire by all parties to the hostilities in

Indochina.

"(2) Negotiate with the Government of North Vietnam for the

establishing of a final date for the withdrawal from Indochina of

all military forces of the United States contingent upon the

release at a date certain of all American prisoners of war held by

the Government of North Vietnam and forces allied with such

Government.

"(3) Negotiate with the Government of North Vietnam for an

agreement which would provide for a series of phased and rapid

withdrawals of United States military forces from Indochina subject

to a corresponding series of phased releases of American prisoners

of war, and for the release of any remaining American prisoners of

war concurrently with the withdrawal of all remaining military

forces of the United States by not later than the date established

pursuant to paragraph (2) hereof."

-EXEC-

PROC. NO. 3504. INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS

TO CUBA

Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, 77 Stat. 958,

provided:

WHEREAS the peace of the world and the security of the United

States and of all American States are endangered by reason of the

establishment by the Sino-Soviet powers of an offensive military

capability in Cuba, including bases for ballistic missiles with a

potential range covering most of North and South America;

WHEREAS by a Joint Resolution passed by the Congress of the

United States and approved on October 3, 1962, it was declared that

the United States is determined to prevent by whatever means may be

necessary, including the use of arms, the Marxist-Leninist regime

in Cuba from extending, by force or the threat of force, its

aggressive or subversive activities to any part of this hemisphere,

and to prevent in Cuba the creation or use of an externally

supported military capability endangering the security of the

United States; and

WHEREAS the Organ of Consultation of the American Republics

meeting in Washington on October 23, 1962, recommended that the

Member States, in accordance with Articles 6 and 8 of the

Inter-American Treaty of Reciprocal Assistance, take all measures,

individually and collectively, including the use of armed force,

which they may deem necessary to ensure that the Government of Cuba

cannot continue to receive from the Sino-Soviet powers military

material and related supplies which may threaten the peace and

security of the Continent and to prevent the missiles in Cuba with

offensive capability from ever becoming an active threat to the

peace and security of the Continent:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United

States of America, acting under and by virtue of the authority

conferred upon me by the Constitution and statutes of the United

States, in accordance with the aforementioned resolutions of the

United States Congress and of the Organ of Consultation of the

American Republics, and to defend the security of the United

States, do hereby proclaim that the forces under my command are

ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to

interdict, subject to the instructions herein contained, the

delivery of offensive weapons and associated material to Cuba.

For the purposes of this Proclamation, the following are declared

to be prohibited materiel:

Surface-to-surface missiles; bomber aircraft; bombs,

air-to-surface rockets and guided missiles; warheads for any of the

above weapons; mechanical or electronic equipment to support or

operate the above items; and any other classes of materiel

hereafter designated by the Secretary of Defense for the purpose of

effectuating this Proclamation.

To enforce this order, the Secretary of Defense shall take

appropriate measures to prevent the delivery of prohibited materiel

to Cuba, employing the land, sea and air forces of the United

States in cooperation with any forces that may be made available by

other American States.

The Secretary of Defense may make such regulations and issue such

directives as he deems necessary to ensure the effectiveness of

this order, including the designation, within a reasonable distance

of Cuba, of prohibited or restricted zones and of prescribed

routes.

Any vessel or craft which may be proceeding toward Cuba may be

intercepted and may be directed to identify itself, its cargo,

equipment and stores and its ports of call, to stop, to lie to, to

submit to visit and search, or to proceed as directed. Any vessel

or craft which fails or refuses to respond to or comply with

directions shall be subject to being taken into custody. Any vessel

or craft which it is believed is en route to Cuba and may be

carrying prohibited materiel or may itself constitute such materiel

shall, wherever possible, be directed to proceed to another

destination of its own choice and shall be taken into custody if it

fails or refuses to obey such directions. All vessels or craft

taken into custody shall be sent into a port of the United States

for appropriate disposition.

In carrying out this order, force shall not be used except in

case of failure or refusal to comply with directions, or with

regulations or directives of the Secretary of Defense issued

hereunder, after reasonable efforts have been made to communicate

them to the vessel or craft, or in case of self-defense. In any

case, force shall be used only to the extent necessary.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

seal of the United States of America to be affixed.

Done in the City of Washington this twenty-third day of October in

the year of our Lord nineteen hundred and sixty-two, and of

the Independence of the United States of America the one

hundred and eighty-seventh.

[seal]

John Fitzgerald Kennedy.

PROC. NO. 3507. TERMINATING AUTHORITY GRANTED AND ORDERS ISSUED IN

PROC. NO. 3504

Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, 77 Stat. 961,

provided:

I, JOHN F. KENNEDY, President of the United States of America,

acting under and by virtue of the authority vested in me by the

Constitution and statutes of the United States, do hereby proclaim

that at 11 p.m., Greenwich Time, November 20, 1962, I terminated

the authority conferred upon the Secretary of Defense by

Proclamation No. 3504, dated October 23, 1962 [set out above], and

revoked the orders contained therein to forces under my command.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

Seal of the United States of America to be affixed.

DONE at the City of Washington this 21st day of November, in the

year of our Lord nineteen hundred and sixty-two and of the

Independence of the United States of America the one hundred

and eighty-seventh.

[seal]

John F. Kennedy.

-MISC6-

MIDDLE EAST STABILIZATION

Pub. L. 85-7, Secs. 1-6, Mar. 9, 1957, 71 Stat. 5, set out as

chapter 24A (Sec. 1961 et seq.) of Title 22, Foreign Relations and

Intercourse, authorizes the President to provide economic and

military assistance, and, if he determines it necessary, to use

armed forces under certain circumstances to maintenance of national

independence in the Middle East.

PROTECTION OF SECURITY OF FORMOSA

Joint Res. Jan. 29, 1955, ch. 4, 8:42 A.M., 69 Stat. 7, which

authorized the President of the United States to employ the Armed

Forces of the United States for the purpose of securing and

protecting Formosa and Pescadores against armed attack, was

repealed by Pub. L. 93-475, Sec. 3, Oct. 26, 1974, 88 Stat. 1439.

-End-

-CITE-

50 USC APPENDIX TRADING WITH THE ENEMY ACT OF

1917 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

-HEAD-

TRADING WITH THE ENEMY ACT OF 1917

-End-

-CITE-

50 USC APPENDIX ACT OCT. 6, 1917, CH. 106, 40

STAT. 411 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-MISC1-

Sec.

1. Designation of Act.

2. Definitions.

3. Acts prohibited.

4. Licenses to enemy or ally of enemy insurance or

reinsurance companies; change of name; doing business

in United States.

5. Suspension of provisions relating to ally of enemy;

regulation of transactions in foreign exchange of

gold or silver, property transfers, vested interests,

enforcement and penalties.

6. Alien Property Custodian; general powers and duties.

6a. Incurment of expenses by Office of Alien Property

Custodian.

6b. Omitted.

7. Lists of enemy or ally of enemy officers, directors or

stockholders of corporations in United States; acts

constituting trade with enemy prior to passage of

Act; conveyance of property to custodian; voluntary

payment to custodian by holder; acts under order,

rule, or regulation.

8. Contracts, mortgages, or pledges against or with enemy

or ally of enemy; abrogation of contracts; suspension

of limitations.

9. Claims to property transferred to custodian; notice of

claim; filing; return of property; suits to recover;

sale of claimed property in time of war or during

national emergency.

10. Acts permitted; applications for patents, or

registration of trade-marks or copyrights; payment of

tax in relation thereto; licenses under enemy owned

patent or copyright; statements by licensees; term

and cancellation; suits against licensees;

restraining infringements; powers of attorney;

keeping secret inventions.

11. Importations prohibited.

12. Property transferred to Alien Property Custodian.

13. Statements by masters of vessels and owners of cargoes

before granting clearances.

14. False manifest; refusal of clearance; reports of gold

or silver coin in cargoes for export.

15. Omitted.

16. Offenses; punishment; forfeitures of property.

17. Rules by district courts; appeals.

18. Jurisdiction of courts of Philippines and Canal Zone

of offenses.

19. Print, newspaper or publication in foreign languages.

20. Fees of agents, attorneys, or representatives.

21. Claims of naturalized citizens as affected by

expatriation.

22. Fugitives from justice barred from recovery.

23. Payment of income, etc., by Alien Property Custodian.

24. Payment of taxes and expenses by Alien Property

Custodian.

25. Investments by Custodian in participating certificates

issued by Secretary of the Treasury; transfers to and

payments from German, Austrian or Hungarian special

deposit accounts; allocation of payments.

26. Allocation of "unallocated interest fund".

27. Return by Custodian, to United States, of payments

under licenses, assignments or sales of patents.

28. "Unallocated interest fund" defined.

29. Waiver by Custodian of demand for property; acceptance

of less amount; approval of Attorney General.

30. Attachment or garnishment of funds or property held by

Custodian.

31. "Member of the former ruling family" defined.

32. Return of property.

(a) Conditions precedent.

(b) Extension of filing time limitation for

redetermination of excessive profits.

(c) Inventions.

(d) Rights and duties.

(e) Legal proceeding unaffected.

(f) Notice of intention.

(g) Payment of expenses of Custodian.

(h) Designation of successor organizations to

receive heirless property; time for

application; payment of funds: time,

allocation, claims barred by acceptance and

conditions.

33. Notice of claim; institution of suits; computation of

time.

34. Payment of debts.

(a) Claims allowable; defenses.

(b) Time limit for filing claims; extension;

notice.

(c) Examination of claims.

(d) Funds for debt payments.

(e) Amount payable; disallowance; notice; review;

additional evidence; judgment.

(f) Pro rata payments; notice; review; additional

evidence; intervention; judgment.

(g) Priority of claims.

(h) Priority as debt due United States.

(i) Exclusiveness of relief.

35. Hearings on claims; rules and regulations; delegation

of powers.

36. Taxes.

(a) Liability; exemptions.

(b) Payment by Custodian; liability of former

owner; enforcement of tax liability; transfer

of property.

(c) Computation; suspension of limitations, etc.

(d) "Tax" defined.

(e) Exemptions.

37. Insurance of property.

38. Shipment of relief supplies; definitions.

39. Retention of properties or interests of Germany and

Japan and their nationals; proceeds covered into

Treasury; ex gratia payment to Switzerland.

40. Intercustodial conflicts involving enemy property;

authority of President to conclude; delegation of

authority.

41. Divestment of estates, trusts, insurance policies,

annuities, remainders, pensions, workmen's

compensation and veterans' benefits; exceptions;

notice of divestment.

42. Claims for proceeds from sale of certain certificates:

jurisdiction, limitations; divestment of copyrights:

"copyrights" defined, rights of licensees and

assignees, reproduction rights of United States,

transfer of interests, payment of royalties to

Attorney General, suits for infringement.

43. Divestment of trademarks.

(a) "Trademarks" defined.

(b) Effective date of divestment; rights of

licensees; transfer of interests; payment of

royalties to Attorney General.

(c) Prevesting contracts; exceptions; payment of

royalties to Attorney General.

(d) Publication of ownership list in Federal

Register; effective date of divestment;

succession to ownership of equivalent

trademarks.

44. Motion picture prints, transfer of title.

(a) Prints in custody of Library of Congress;

exception.

(b) Prints in custody of Attorney General;

exception; right of selection by Library of

Congress; disposal of unselected prints by

Attorney General.

(c) Retention, reproduction, and disposal of prints

by Library of Congress.

TERMINATION OF WORLD WAR AND EMERGENCY

The Trading with the enemy Act was expressly excepted from the

operation and effect of Joint Res. Mar. 3, 1921, ch. 136, 41 Stat.

1359, declaring that certain Acts of Congress, joint resolutions,

and proclamations should be construed as though the World War had

ended and the then present or existing emergency expired.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Trading with the enemy Act is referred to in section 1982 of

this Appendix; title 8 section 1227; title 12 section 4407; title

18 section 983; title 19 sections 1583, 2581; title 22 sections

1382, 1384, 1631a, 1631o, 6009, 7207; title 26 section 911; title

28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 1 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 1. Designation of Act

-STATUTE-

This Act [sections 1 to 6, 7 to 39, and 41 to 44 of this

Appendix] shall be known as the "Trading with the enemy (!1) Act."

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 1, 40 Stat. 411.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

50 USC APPENDIX Sec. 2 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 2. Definitions

-STATUTE-

The word "enemy," as used herein, shall be deemed to mean, for

the purposes of such trading and of this Act [sections 1 to 6, 7 to

39, and 41 to 44 of this Appendix] -

(a) Any individual, partnership, or other body of individuals, of

any nationality, resident within the territory (including that

occupied by the military and naval forces) of any nation with which

the United States is at war, or resident outside the United States

and doing business within such territory, and any corporation

incorporated within such territory of any nation with which the

United States is at war or incorporated within any country other

than the United States and doing business within such territory.

(b) The government of any nation with which the United States is

at war, or any political or municipal subdivision thereof, or any

officer, official, agent, or agency thereof.

(c) Such other individuals, or body or class of individuals, as

may be natives, citizens, or subjects of any nation with which the

United States is at war, other than citizens of the United States,

wherever resident or wherever doing business, as the President, if

he shall find the safety of the United States or the successful

prosecution of the war shall so require, may, by proclamation,

include within the term "enemy."

The words "ally of enemy," as used herein, shall be deemed to

mean -

(a) Any individual, partnership, or other body of individuals, of

any nationality, resident within the territory (including that

occupied by the military and naval forces) of any nation which is

an ally of a nation with which the United States is at war, or

resident outside the United States and doing business within such

territory, and any corporation incorporated within such territory

of such ally nation, or incorporated within any country other than

the United States and doing business within such territory.

(b) The government of any nation which is an ally of a nation

with which the United States is at war, or any political or

municipal subdivision of such ally nation, or any officer,

official, agent, or agency thereof.

(c) Such other individuals, or body or class of individuals, as

may be natives, citizens, or subjects of any nation which is an

ally of a nation with which the United States is at war, other than

citizens of the United States, wherever resident or wherever doing

business, as the President, if he shall find the safety of the

United States or the successful prosecution of the war shall so

require, may, by proclamation, include within the term "ally of

enemy."

The word "person," as used herein, shall be deemed to mean an

individual, partnership, association, company, or other

unincorporated body of individuals, or corporation or body politic.

The words "United States," as used herein, shall be deemed to

mean all land and water, continental or insular, in any way within

the jurisdiction of the United States or occupied by the military

or naval forces thereof.

The words "the beginning of the war," as used herein, shall be

deemed to mean midnight ending the day on which Congress has

declared or shall declare war or the existence of a state of war.

The words "end of the war," as used herein, shall be deemed to

mean the date of proclamation of exchange of ratifications of the

treaty of peace, unless the President shall, by proclamation,

declare a prior date, in which case the date so proclaimed shall be

deemed to be the "end of the war" within the meaning of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

The words "bank or banks," as used herein, shall be deemed to

mean and include national banks, State banks, trust companies, or

other banks or banking associations doing business under the laws

of the United States, or of any State of the United States.

The words "to trade," as used herein, shall be deemed to mean -

(a) Pay, satisfy, compromise, or give security for the payment or

satisfaction of any debt or obligation.

(b) Draw, accept, pay, present for acceptance or payment, or

indorse any negotiable instrument or chose in action.

(c) Enter into, carry on, complete, or perform any contract,

agreement, or obligation.

(d) Buy or sell, loan or extend credit, trade in, deal with,

exchange, transmit, transfer, assign, or otherwise dispose of, or

receive any form of property.

(e) To have any form of business or commercial communication or

intercourse with.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 2, 40 Stat. 411.)

-MISC1-

WORLD WAR I PROCLAMATIONS ENUMERATING ENEMIES

The following Presidential Proclamations issued during World War

I declared the partnerships and persons enumerated therein to be

"enemies":

Proc. Feb. 5, 1918, 40 Stat. 1745.

Proc. May 31, 1918, 40 Stat. 1786.

Proc. Aug. 10, 1918, 40 Stat. 1833.

Proc. Aug. 14, 1918, 40 Stat. 1837.

Proc. Nov. 29, 1918, 40 Stat. 1899.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 3 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 3. Acts prohibited

-STATUTE-

It shall be unlawful -

(a) For any person in the United States, except with the license

of the President, granted to such person, or to the enemy, or ally

of enemy, as provided in this Act [sections 1 to 6, 7 to 39, and 41

to 44 of this Appendix] to trade, or attempt to trade, either

directly or indirectly, with, to, or from, or for, or on account

of, or on behalf of, or for the benefit of, any other person, with

knowledge or reasonable cause to believe that such other person is

an enemy or ally of enemy, or is conducting or taking part in such

trade, directly or indirectly, for, or on account of, or on behalf

of, or for the benefit of, an enemy or ally of enemy.

(b) For any person, except with the license of the President, to

transport or attempt to transport into or from the United States,

or for any owner, master, or other person in charge of a vessel of

American registry to transport or attempt to transport from any

place to any other place, any subject or citizen of an enemy or

ally of enemy nation, with knowledge or reasonable cause to believe

that the person transported or attempted to be transported is such

subject or citizen.

(c) For any person (other than a person in the service of the

United States Government or of the Government of any nation, except

that of an enemy or ally of enemy nation, and other than such

persons or classes of persons as may be exempted hereunder by the

President or by such person as he may direct), to send, or take out

of, or bring into, or attempt to send, or take out of, or bring

into the United States, any letter or other writing or tangible

form of communication, except in the regular course of the mail;

and it shall be unlawful for any person to send, take, or transmit,

or attempt to send, take, or transmit out of the United States, any

letter or other writing, book, map, plan, or other paper, picture,

or any telegram, cablegram, or wireless message, or other form of

communication intended for or to be delivered, directly or

indirectly, to an enemy or ally of enemy: Provided, however, That

any person may send, take, or transmit out of the United States

anything herein forbidden if he shall first submit the same to the

President, or to such officer as the President may direct, and

shall obtain the license or consent of the President, under such

rules and regulations, and with such exemptions, as shall be

prescribed by the President.

(d) Whenever, during the present war, the President shall deem

that the public safety demands it, he may cause to be censored

under such rules and regulations as he may from time to time

establish, communications by mail, cable, radio, or other means of

transmission passing between the United States and any foreign

country he may from time to time specify, or which may be carried

by any vessel or other means of transportation touching at any

port, place, or territory of the United States and bound to or from

any foreign country. Any person who willfully evades or attempts to

evade the submission of any such communication to such censorship

or willfully uses or attempts to use any code or other device for

the purpose of concealing from such censorship the intended meaning

of such communication shall be punished as provided in section

sixteen of this Act [section 16 of this Appendix].

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 3, 40 Stat. 412.)

-TRANS-

DELEGATION OF FUNCTIONS

Delegation of President's powers under subsec. (a) of this

section to Secretary of the Treasury and Alien Property Custodian;

and transfer of Alien Property Custodian's powers to Attorney

General, see Ex. Ord. Nos. 9095 and 9788, set out under section 6

of this Appendix.

Powers conferred upon President by subsec. (a) of this section

delegated to Secretary of the Treasury by Memorandum of the

President dated Feb. 12, 1942, 7 F.R. 1409.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4, 5, 7 of this Appendix;

title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 4 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 4. Licenses to enemy or ally of enemy insurance or reinsurance

companies; change of name; doing business in United States

-STATUTE-

(a) Every enemy or ally of enemy insurance or reinsurance

company, and every enemy or ally of enemy, doing business within

the United States through an agency or branch office, or otherwise,

may within thirty days after the passage of this Act [Oct. 6,

1917], apply to the President for a license to continue to do

business; and, within thirty days after such application, the

President may enter an order either granting or refusing to grant

such license. The license, if granted, may be temporary or

otherwise, and for such period of time, and may contain such

provisions and conditions regulating the business, agencies,

managers and trustees and the control and disposition of the funds

of the company, or of such enemy or ally of enemy, as the President

shall deem necessary for the safety of the United States; and any

license granted hereunder may be revoked or regranted or renewed in

such manner and at such times as the President shall determine:

Provided, however, That reasonable notice of his intent to refuse

to grant a license or to revoke a license granted to any

reinsurance company shall be given by him to all insurance

companies incorporated within the United States and known to the

President to be doing business with such reinsurance company:

Provided further, That no insurance company, organized within the

United States, shall be obligated to continue any existing

contract, entered into prior to the beginning of the war, with any

enemy or ally of enemy insurance or reinsurance company, but any

such company may abrogate and cancel any such contract by serving

thirty days' notice in writing upon the President of its election

to abrogate such contract.

For a period of thirty days after the passage of this Act [Oct.

6, 1917], and further pending the entry of such order by the

President, after application made by any enemy or ally of enemy

insurance or reinsurance company, within such thirty days as above

provided, the provisions of the President's proclamation of April

sixth, nineteen hundred and seventeen, relative to agencies in the

United States of certain insurance companies, as modified by the

provisions of the President's proclamation of July thirteenth,

nineteen hundred and seventeen, relative to marine and war-risk

insurance, shall remain in full force and effect so far as it

applies to such German insurance companies, and the conditions of

said proclamation of April sixth, nineteen hundred and seventeen,

as modified by said proclamation of July thirteenth, nineteen

hundred and seventeen, shall also during said period of thirty days

after the passage of this Act [Oct. 6, 1917], and pending the order

of the President as herein provided, apply to any enemy or ally of

enemy insurance or reinsurance company, anything in this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] to the

contrary notwithstanding. It shall be unlawful for any enemy or

ally of enemy insurance or reinsurance company, to whom license is

granted, to transmit out of the United States any funds belonging

to or held for the benefit of such company or to use any such funds

as the basis for the establishment directly or indirectly of any

credit within or outside of the United States to, or for the

benefit of, or on behalf of, or on account of, an enemy or ally of

enemy.

For a period of thirty days after the passage of this Act [Oct.

6, 1917], and further pending the entry of such order by the

President, after application made within such thirty days by any

enemy or ally of enemy, other than an insurance or reinsurance

company as above provided, it shall be lawful for such enemy or

ally of enemy to continue to do business in this country and for

any person to trade with, to, from, for, on account of, on behalf

of or for the benefit of such enemy or ally of enemy, anything in

this Act [said sections] to the contrary notwithstanding: Provided,

however, That the provisions of sections three and sixteen hereof

[sections 3 and 16 of this Appendix] shall apply to any act or

attempted act of transmission or transfer of money or other

property out of the United States and to the use or attempted use

of such money or property as the basis for the establishment of any

credit within or outside of the United States to, or for the

benefit of, or on behalf of, or on account of, an enemy or ally of

enemy.

If no license is applied for within thirty days after the passage

of this Act [Oct. 6, 1917], or if a license shall be refused to any

enemy or ally of enemy, whether insurance or reinsurance company,

or other person, making application, or if any license granted

shall be revoked by the President, the provisions of sections three

and sixteen hereof [sections 3 and 16 of this Appendix] shall

forthwith apply to all trade or to any attempt to trade with, to,

from, for, buy, on account of, or on behalf of, or for the benefit

of such company or other person: Provided, however, That after such

refusal or revocation, anything in this Act [said sections] to the

contrary notwithstanding, it shall be lawful for a policyholder or

for an insurance company, not an enemy or ally of enemy, holding

insurance or having effected reinsurance in or with such enemy or

ally of enemy insurance or reinsurance company, to receive payment

of, and for such enemy or ally of enemy insurance or reinsurance

company to pay any premium, return premium, claim, money, security,

or other property due or which may become due on or in respect to

such insurance or reinsurance in force at the date of such refusal

or revocation of license; and nothing in this Act [said sections]

shall vitiate or nullify then existing policies or contracts of

insurance or reinsurance, or the conditions thereof; and any such

policyholder or insurance company, not an enemy or ally of enemy,

having any claim to or upon money or other property of the enemy or

ally of enemy insurance or reinsurance company in the custody or

control of the alien property custodian, hereinafter provided for,

or of the Treasurer of the United States, may make application for

the payment thereof and may institute suit as provided in section

nine hereof [section 9 of this Appendix].

(b) During the present war, no enemy, or ally of enemy, and no

partnership of which he is a member or was a member at the

beginning of the war, shall for any purpose assume or use any name

other than that by which such enemy or partnership was ordinarily

known at the beginning of the war, except under license from the

President.

Whenever, during the present war, in the opinion of the President

the public safety or public interest requires, the President may

prohibit any or all foreign insurance companies from doing business

in the United States, or the President may license such company or

companies to do business upon such terms as he may deem proper.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 4, 40 Stat. 413.)

-REFTEXT-

REFERENCES IN TEXT

Proclamation of April 6, 1917, 40 Stat. 1654, and Proclamation of

July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), are set

out below.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-EXEC-

PROCLAMATION OF APRIL 6, 1917

-MISC1-

40 STAT. 1654

WHEREAS, certain insurance companies, incorporated under the laws

of the German Empire, have been admitted to transact the business

of insurance in various States of the United States, by means of

separate United States branches established pursuant to the laws of

such States, and are now engaged in business under the supervision

of the Insurance Departments thereof, with assets in the United

States deposited with Insurance Departments or in the hands of

resident trustees, citizens of the United States, for the

protection of all policyholders in the United States;

AND WHEREAS, the interests of the citizens of the United States

in the protection afforded by such insurance are of great

magnitude, so that it is deemed to be important that the agencies

of such companies in the United States be permitted to continue in

business;

NOW, THEREFORE, I, WOODROW WILSON, President of the United States

of America, by virtue of the powers vested in me as such, hereby

declare and proclaim that such branch establishments of German

insurance companies now engaged in the transaction of business in

the United States pursuant to the laws of the several States are

hereby authorized and permitted to continue the transaction of

their business in accordance with the laws of such States in the

same manner and to the same extent as though a state of war did not

now exist; provided, however, that all funds of such establishments

now in the possession of their managers or agents, or which shall

hereafter come into their possession, shall be subject to such

rules and regulations concerning the payment and disposition

thereof as shall be prescribed by the insurance supervising

officials of the State in which the principal office of such

establishment in the United States is located, but in no event

shall any funds belonging to or held for the benefit of such

companies be transmitted outside of the United States nor be used

as the basis for the establishment directly or indirectly of any

credit within or outside of the United States to or for the benefit

or use of the enemy or any of his allies without the permission of

this Government.

-EXEC-

PROCLAMATION OF JULY 13, 1917

-MISC2-

40 STAT. 1684

WHEREAS, certain insurance companies, incorporated under the laws

of the German Empire, have been admitted to transact the business

of marine and war risk insurance in various States of the United

States, by means of separate United States branches established

pursuant to the laws of such States, and are now engaged in such

business under the supervision of the Insurance Departments

thereof, with assets in the United States deposited with Insurance

Departments or in the hands of resident trustees, citizens of the

United States, for the protection of all policyholders in the

United States;

AND WHEREAS, the nature of marine and war risk insurance is such

that those conducting it must of necessity be in touch with the

movements of ships and cargoes, and it has been considered by the

Government of great importance that this information should not be

obtained by alien enemies;

NOW, THEREFORE, I, WOODROW WILSON, President of the United States

of America, by virtue of the powers vested in me as such, hereby

declare and proclaim that such branch establishments of German

insurance companies now engaged in the transaction of business in

the United States pursuant to the laws of the several States are

hereby prohibited from continuing the transaction of the business

of marine and war risk insurance either as direct insurers or

re-insurers; and all individuals, firms, and insurance companies

incorporated under the laws of any of the States or Territories of

the United States, or of any foreign country, and established

pursuant to the laws of such States and now engaged in the United

States in the business of marine and war risk insurance either as

direct insurers or re-insurers are hereby prohibited from

reinsuring with companies incorporated under the laws of the German

Empire, no matter where located; and all persons in the United

States are prohibited from insuring against marine or war risks

with insurance companies incorporated under the laws of the German

Empire or with individuals, firms, and insurance companies

incorporated under the laws of any of the States or Territories of

the United States or of any foreign country and now engaged in the

business of marine or war risk insurance in the United States,

which re-insure business originating in the United States with

companies incorporated under the laws of the German Empire, no

matter where located.

The foregoing prohibitions shall extend and operate as to all

existing contracts for insurance and re-insurance which are hereby

suspended for the period of the war, except that they shall not

operate to vitiate or prevent the insurance or re-insurance of, and

the payment or receipt of, premiums on insurance or re-insurance

under existing contracts on vessels or interest at risk on the date

of this proclamation, and such insurance or re-insurance, if for a

voyage, shall continue in force until arrival at destination, and

if for time, until thirty days from the date of this proclamation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5 of this Appendix; title

28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 5 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 5. Suspension of provisions relating to ally of enemy;

regulation of transactions in foreign exchange of gold or silver,

property transfers, vested interests, enforcement and penalties

-STATUTE-

(a) The President, if he shall find it compatible with the safety

of the United States and with the successful prosecution of the

war, may, by proclamation, suspend the provisions of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] so far as

they apply to an ally of enemy, and he may revoke or renew such

suspension from time to time; and the President may grant licenses,

special or general, temporary or otherwise, and for such period of

time and containing such provisions and conditions as he shall

prescribe, to any person or class of persons to do business as

provided in subsection (a) of section four hereof [section 4(a) of

this Appendix], and to perform any act made unlawful without such

license in section three hereof [section 3 of this Appendix], and

to file and prosecute applications under subsection (b) of section

ten hereof [section 10(b) of this Appendix]; and he may revoke or

renew such licenses from time to time, if he shall be of opinion

that such grant or revocation or renewal shall be compatible with

the safety of the United States and with the successful prosecution

of the war; and he may make such rules and regulations, not

inconsistent with law, as may be necessary and proper to carry out

the provisions of this Act [said sections]; and the President may

exercise any power or authority conferred by this Act [said

sections] through such officer or officers as he shall direct.

If the President shall have reasonable cause to believe that any

act is about to be performed in violation of section three hereof

[section 3 of this Appendix] he shall have authority to order the

postponement of the performance of such act for a period not

exceeding ninety days, pending investigation of the facts by him.

(b)(1) During the time of war, the President may, through any

agency that he may designate, and under such rules and regulations

as he may prescribe, by means of instructions, licenses, or

otherwise -

(A) investigate, regulate, or prohibit, any transactions in

foreign exchange, transfers of credit or payments between, by,

through, or to any banking institution, and the importing,

exporting, hoarding, melting, or earmarking of gold or silver

coin or bullion, currency or securities, and

(B) investigate, regulate, direct and compel, nullify, void,

prevent or prohibit, any acquisition holding, withholding, use,

transfer, withdrawal, transportation, importation or exportation

of, or dealing in, or exercising any right, power, or privilege

with respect to, or transactions involving, any property in which

any foreign country or a national thereof has any interest,

by any person, or with respect to any property, subject to the

jurisdiction of the United States; and any property or interest of

any foreign country or national thereof shall vest, when, as, and

upon the terms, directed by the President, in such agency or person

as may be designated from time to time by the President, and upon

such terms and conditions as the President may prescribe such

interest or property shall be held, used, administered, liquidated,

sold, or otherwise dealt with in the interest of and for the

benefit of the United States, and such designated agency or person

may perform any and all acts incident to the accomplishment or

furtherance of these purposes; and the President shall, in the

manner hereinabove provided, require any person to keep a full

record of, and to furnish under oath, in the form of reports or

otherwise, complete information relative to any act or transaction

referred to in this subdivision either before, during, or after the

completion thereof, or relative to any interest in foreign

property, or relative to any property in which any foreign country

or any national thereof has or has had any interest, or as may be

otherwise necessary to enforce the provisions of this subdivision,

and in any case in which a report could be required, the President

may, in the manner hereinabove provided, require the production, or

if necessary to the national security or defense, the seizure, of

any books of account, records, contracts, letters, memoranda, or

other papers, in the custody or control of such person.

(2) Any payment, conveyance, transfer, assignment, or delivery of

property or interest therein, made to or for the account of the

United States, or as otherwise directed, pursuant to this

subdivision or any rule, regulation, instruction, or direction

issued hereunder shall to the extent thereof be a full acquittance

and discharge for all purposes of the obligation of the person

making the same; and no person shall be held liable in any court

for or in respect to anything done or omitted in good faith in

connection with the administration of, or in pursuance of and in

reliance on, this subdivision, or any rule, regulation,

instruction, or direction issued hereunder.

(3) As used in this subdivision the term "United States" means

the United States and any place subject to the jurisdiction

thereof: Provided, however, That the foregoing shall not be

construed as a limitation upon the power of the President, which is

hereby conferred, to prescribe from time to time, definitions, not

inconsistent with the purposes of this subdivision, for any or all

of the terms used in this subdivision. As used in this subdivision

the term "person" means an individual, partnership, association, or

corporation.

(4) The authority granted to the President by this section does

not include the authority to regulate or prohibit, directly or

indirectly, the importation from any country, or the exportation to

any country, whether commercial or otherwise, regardless of format

or medium of transmission, of any information or informational

materials, including but not limited to, publications, films,

posters, phonograph records, photographs, microfilms, microfiche,

tapes, compact disks, CD ROMs, artworks, and news wire feeds. The

exports exempted from regulation or prohibition by this paragraph

do not include those which are otherwise controlled for export

under section 5 of the Export Administration Act of 1979 [section

2404 of this Appendix], or under section 6 of that Act [section

2405 of this Appendix] to the extent that such controls promote the

nonproliferation or antiterrorism policies of the United States, or

with respect to which acts are prohibited by chapter 37 of title

18, United States Code.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 5, 40 Stat. 415; Sept. 24, 1918, ch.

176, Sec. 5, 40 Stat. 966; Mar. 9, 1933, ch. 1, Sec. 2, 48 Stat. 1;

May 7, 1940, ch. 185, Sec. 1, 54 Stat. 179; Dec. 18, 1941, ch. 593,

title III, Sec. 301, 55 Stat. 839; Proc. No. 2695, eff. July 4,

1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 95-223, title I, Secs.

101(a), 102, 103(b), Dec. 28, 1977, 91 Stat. 1625, 1626; Pub. L.

100-418, title II, Sec. 2502(a)(1), Aug. 23, 1988, 102 Stat. 1371;

Pub. L. 103-236, title V, Sec. 525(b)(1), Apr. 30, 1994, 108 Stat.

474.)

-COD-

CODIFICATION

Words ", including the Philippine Islands, and the several courts

of first instance of the Commonwealth of the Philippine Islands

shall have jurisdiction in all cases, civil or criminal, arising

under this subdivision in the Philippine Islands and concurrent

jurisdiction with the district courts of the United States of all

cases, civil or criminal, arising upon the high seas" following "to

the jurisdiction thereof:" in subsec. (b)(3) were omitted upon the

authority of 1946 Proc. No. 2695, which granted the Philippine

Islands independence, and which was issued pursuant to section 1394

of Title 22, Foreign Relations and Intercourse. Proc. No. 2695 is

set out as a note under section 1394 of Title 22.

Subsec. (b) is also classified to section 95a of Title 12, Banks

and Banking.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(4). Pub. L. 103-236 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "The

authority granted to the President in this subsection does not

include the authority to regulate or prohibit, directly or

indirectly, the importation from any country, or the exportation to

any country, whether commercial or otherwise, of publications,

films, posters, phonograph records, photographs, microfilms,

microfiche, tapes, or other informational materials, which are not

otherwise controlled for export under section 5 of the Export

Administration Act of 1979 or with respect to which no acts are

prohibited by chapter 37 of title 18, United States Code."

1988 - Subsec. (b)(4). Pub. L. 100-418 added par. (4).

1977 - Subsec. (b)(1). Pub. L. 95-223, Secs. 101(a), 102,

substituted "During the time of war, the President may, through any

agency that he may designate, and under such rules and regulations"

for "During the time of war or during any other period of national

emergency declared by the President, the President may, through any

agency, that he may designate, or otherwise, and under such rules

and regulations" in provisions preceding subpar. (A), and, in

provisions following subpar. (B), struck out "; and the President

may, in the manner hereinabove provided, take other and further

measures not inconsistent herewith for the enforcement of this

subdivision" after "control of such person".

Subsec. (b)(3). Pub. L. 95-22, Sec. 103(b), struck out provisions

that whoever willfully violated any of the provisions of this

subdivision or of any license, order, rule, or regulation issued

thereunder, could be fined not more than $10,000, or, if a natural

person, could be imprisoned for not more than ten years, or both;

and that any officer, director, or agent of any corporation who

knowingly participated in that violation could be punished by a

like fine, imprisonment, or both.

1941 - Subsec. (b). Act Dec. 18, 1941, considerably broadened the

powers of the President to take, administer, control, use and

liquidate foreign-owned property and added a flexibility of control

which enabled the President and the agencies designated by him to

cope with the problems surrounding alien property, its ownership or

control, on the basis of the particular facts in each case.

1940 - Subsec. (b). Act May 7, 1940, included dealings in

evidences of indebtedness or ownership of property in which foreign

states, nationals or political subdivisions thereof have an

interest.

1933 - Subsec. (b). Act Mar. 9, 1933, among other things,

extended President's power to any time of war national emergency,

permitted regulations to be issued by any agency designated by

President, provided for furnishing under oath of complete

information relative to transactions under the subsection, and

placed sanctions on violations to the extent of a $10,000 fine or

ten years imprisonment.

1918 - Subsec. (b). Act Sept. 24, 1918, inserted provisions

relating to hoarding or melting of gold or silver coin or bullion

or currency and to regulation of transactions in bonds or

certificates of indebtedness.

-TRANS-

DELEGATION OF FUNCTIONS

Delegation of President's powers under subsec. (b) of this

section to Secretary of the Treasury and Alien Property Custodian;

and transfer of Alien Property Custodian's powers to Attorney

General, see Ex. Ord. Nos. 9095 and 9788, set out under section 6

of this Appendix.

Powers conferred upon President by subsec. (b) of this section

delegated to Secretary of the Treasury by Memorandum of President

dated Feb. 12, 1942, 7 F.R. 1409.

-MISC2-

LIMITATION ON EXERCISE OF EMERGENCY AUTHORITIES

Section 525(b)(2) of Pub. L. 103-236 provided that: "The

authorities conferred upon the President by section 5(b) of the

Trading With the Enemy Act [subsec. (b) of this section], which

were being exercised with respect to a country on July 1, 1977, as

a result of a national emergency declared by the President before

such date, and are being exercised on the date of the enactment of

this Act [Apr. 30, 1994], do not include the authority to regulate

or prohibit, directly or indirectly, any activity which, under

section 5(b)(4) of the Trading With the Enemy Act, as amended by

paragraph (1) of this subsection, may not be regulated or

prohibited."

Section 2502(a)(2) of Pub. L. 100-418 provided that: "The

authorities conferred upon the President by section 5(b) of the

Trading With the Enemy Act [subsec. (b) of this section], which

were being exercised with respect to a country on July 1, 1977, as

a result of a national emergency declared by the President before

such date, and are being exercised on the date of the enactment of

this Act [Aug. 23, 1988], do not include the authority to regulate

or prohibit, directly or indirectly, any activity which, under

section 5(b)(4) of the Trading With the Enemy Act, as added by

paragraph (1) of this subsection, may not be regulated or

prohibited."

EXTENSION AND TERMINATION OF NATIONAL EMERGENCY POWERS UNDER THE

TRADING WITH THE ENEMY ACT

Section 101(b), (c) of Pub. L. 95-223 provided that:

"(b) Notwithstanding the amendment made by subsection (a)

[amending subsec. (b)(1) of this section], the authorities

conferred upon the President by section 5(b) of the Trading With

the Enemy Act [subsec. (b) of this section], which were being

exercised with respect to a country on July 1, 1977, as a result of

a national emergency declared by the President before such date,

may continue to be exercised with respect to such country, except

that, unless extended, the exercise of such authorities shall

terminate (subject to the savings provisions of the second sentence

of section 101(a) of the National Emergencies Act [section 1601(a)

of this title]) at the end of the two-year period beginning on the

date of enactment of the National Emergencies Act [Sept. 14, 1976].

The President may extend the exercise of such authorities for

one-year periods upon a determination for each such extension that

the exercise of such authorities with respect to such country for

another year is in the national interest of the United States.

"(c) The termination and extension provisions of subsection (b)

of this section supersede the provisions of section 101(a) [section

1601(a) of this title] and of title II [section 1621 et seq. of

this title] of the National Emergencies Act to the extent that the

provisions of subsection (b) of this section are inconsistent with

those provisions."

EXTENSION OF THE EXERCISE OF CERTAIN AUTHORITIES UNDER THE TRADING

WITH THE ENEMY ACT

Determination of President of the United States, No. 02-31, Sept.

13, 2002, 67 F.R. 58681, provided:

Memorandum for the Secretary of State [and] the Secretary of the

Treasury

Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50

U.S.C. App. 5(b) note) [set out above], and a previous

determination on September 12, 2001 (66 Fed. Reg. 47943), the

exercise of certain authorities under the Trading with the Enemy

Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] is

scheduled to terminate on September 14, 2002.

I hereby determine that the continuation for 1 year of the

exercise of those authorities with respect to the applicable

countries is in the national interest of the United States.

Therefore, pursuant to the authority vested in me by section

101(b) of Public Law 95-223, I continue for 1 year, until September

14, 2003, the exercise of those authorities with respect to

countries affected by:

(1) the Foreign Assets Control Regulations, 31 C.F.R. part 500;

(2) the Transaction Control Regulations, 31 C.F.R. part 505; and

(3) the Cuban Assets Control Regulations, 31 C.F.R. part 515.

The Secretary of the Treasury is authorized and directed to

publish this determination in the Federal Register.

George W. Bush.

Prior extensions were contained in the following:

Determination of President of the United States, No. 2001-26,

Sept. 12, 2001, 66 F.R. 47943.

Determination of President of the United States, No. 2000-29,

Sept. 12, 2000, 65 F.R. 55883.

Determination of President of the United States, No. 99-36, Sept.

10, 1999, 64 F.R. 51885.

Determination of President of the United States, No. 98-35, Sept.

11, 1998, 63 F.R. 50455.

Determination of President of the United States, No. 97-32, Sept.

12, 1997, 62 F.R. 48729.

Determination of President of the United States, No. 96-43, Aug.

27, 1996, 61 F.R. 46529.

Determination of President of the United States, No. 95-41, Sept.

8, 1995, 60 F.R. 47659.

Determination of President of the United States, No. 94-46, Sept.

8, 1994, 59 F.R. 47229.

Determination of President of the United States, No. 93-38, Sept.

13, 1993, 58 F.R. 51209.

Determination of President of the United States, No. 92-45, Aug.

28, 1992, 57 F.R. 43125.

Determination of President of the United States, No. 91-52, Sept.

13, 1991, 56 F.R. 48415.

Determination of President of the United States, No. 90-38, Sept.

5, 1990, 55 F.R. 37309.

Determination of President of the United States, No. 89-25, Aug.

28, 1989, 54 F.R. 37089.

Determination of President of the United States, No. 88-22, Sept.

8, 1988, 53 F.R. 35289.

Memorandum of President of the United States, Aug. 27, 1987, 51

F.R. 33397.

Memorandum of President of the United States, Aug. 20, 1986, 51

F.R. 30201.

Memorandum of President of the United States, Sept. 5, 1985, 50

F.R. 36563.

Memorandum of President of the United States, Sept. 11, 1984, 49

F.R. 35927.

Memorandum of President of the United States, Sept. 7, 1983, 48

F.R. 40695.

Memorandum of President of the United States, Sept. 8, 1982, 47

F.R. 39797.

Memorandum of President of the United States, Sept. 10, 1981, 46

F.R. 45321.

Memorandum of President of the United States, Sept. 8, 1980, 45

F.R. 59549.

Memorandum of President of the United States, Sept. 12, 1979, 44

F.R. 53153.

Memorandum of President of the United States, Sept. 8, 1978, 43

F.R. 40449.

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

APPROVAL OF REGULATIONS

Act Mar. 9, 1933, ch. 1, title I, Sec. 1, 48 Stat. 1, provided

that: "The actions, regulations, rules, licenses, orders and

proclamations heretofore or hereafter taken, promulgated, made, or

issued by the President of the United States or the Secretary of

the Treasury since March 4, 1933, pursuant to the authority

conferred by subdivision (b) of section 5 of the act of October 6,

1917, as amended [section 5(b) of this Appendix], are hereby

approved and confirmed."

-EXEC-

EXECUTIVE ORDERS

Ex. Ord. No. 6260, as amended, respecting hoarding, export, and

earmarking of gold coin, bullion, or currency and transactions in

foreign exchange; Ex. Ord. No. 6560, as amended, respecting

transactions in foreign exchange, transfers of credit, and export

of coin and currency; Ex. Ord. No. 8389, as amended, regulating

transactions in foreign exchange and foreign-owned property and

providing for the reporting of all foreign-owned property; Ex. Ord.

No. 9747, respecting continuance of functions of Alien Property

Custodian and Treasury Department in Philippines; Ex. Ord. No.

9760, respecting diplomatic property of Germany and Japan; and Ex.

Ord. No. 10348, continuing in force orders and regulations relating

to blocked property, see notes set out under section 95a of Title

12, Banks and Banking, and section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 212, 3409, 3413;

title 22 sections 6004, 6005, 6023, 6082; title 28 sections 1610,

2680; title 31 section 5315.

-End-

-CITE-

50 USC APPENDIX Sec. 6 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 6. Alien Property Custodian; general powers and duties

-STATUTE-

The President is authorized to appoint, prescribe the duties of,

and fix the salary of an official to be known as the alien property

custodian, who shall be empowered to receive all money and property

in the United States due or belonging to an enemy, or ally of

enemy, which may be paid, conveyed, transferred, assigned, or

delivered to said custodian under the provisions of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]; and to

hold, administer, and account for the same under the general

direction of the President and as provided in this Act [said

sections]. The President may further employ in the District of

Columbia and elsewhere and fix the compensation of such clerks,

attorneys, investigators, accountants, and other employees as he

may find necessary for the due administration of the provisions of

this Act [said sections]; Provided, That such clerks,

investigators, accountants, and other employees shall be appointed

from lists of eligibles to be supplied by the Civil Service

Commission (!1) and in accordance with the civil-service law.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 6, 40 Stat. 415; Pub. L. 92-310, title

II, Sec. 235, June 6, 1972, 86 Stat. 214; Pub. L. 94-273, Sec.

11(5), Apr. 21, 1976, 90 Stat. 378; Pub. L. 100-418, title II, Sec.

2501(b), Aug. 23, 1988, 102 Stat. 1371.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service law, referred to in text, is set forth in Title

5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Provisions that limited the salary of the alien property

custodian to not more than $5,000 per annum have been omitted as

obsolete and superseded. Sections 1202 and 1204 of the

Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5, Government Organization and Employees. Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 struck out before period at end ":

Provided further, That the President shall cause a detailed report

to be made to Congress on the first day of April of each year of

all proceedings had under this Act during the year preceding. Such

report shall contain a list of all persons appointed or employed,

with the salary or compensation paid to each, and a statement of

the different kinds of property taken into custody and the

disposition made thereof".

1976 - Pub. L. 94-273 substituted "April" for "January".

1972 - Pub. L. 92-310 struck out provisions which required the

Alien Property Custodian to give a bond.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by statute in United States Civil Service

Commission transferred to Director of Office of Personnel

Management (except as otherwise specified) by Reorg. Plan No. 2 of

1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section

1101 of Title 5, Government Organization and Employees, effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Reorg. Plan No. 1 of 1947, Sec. 101, eff. July 1, 1947, 12 F.R.

4534, 61 Stat. 951, transferred functions vested by law in Alien

Property Custodian or Office of Alien Property Custodian to

Attorney General, except that those relating to property or

interests in Philippines transferred to President. For text of this

plan and provisions relating to transfer of records, property,

personnel, and funds, see the text of the plan, set out in the

Appendix to Title 5.

Previous office of Alien Property Custodian abolished and

functions and personnel transferred to Department of Justice by Ex.

Ord. No. 6694, eff. July 1, 1934.

-MISC2-

EXPENSES AND COMPENSATION OF ALIEN PROPERTY CUSTODIAN

Act May 16, 1928, ch. 580, Sec. 1, 45 Stat. 574, contained the

following provision: "All expenses of the office of the Alien

Property Custodian authorized by * * * [the Trading With the Enemy

Act], including compensation of the Alien Property Custodian at not

to exceed $10,000 per annum; shall be paid from interest and

collections on trust funds and other properties under the control

of such Custodian."

REPORT TO CONGRESS; INCLUSION OF CLAIMS FILED UNDER SECTION

32(A)(2)(D) OF THIS APPENDIX

Act Sept. 29, 1950, ch. 1108, Sec. 2, 64 Stat. 1081, provided

that: "There shall be included in the report made to Congress

pursuant to section 6 of the Trading With the Enemy Act, as amended

[this section], a statement of (1) the names and nationalities of

persons who have filed notice of claim for the return of any

property or interest under section 1 of this Act [section

32(a)(2)(D) of this Appendix], the date of the filing of such

notice of claim, and the estimated value of the property or

interest, and (2) the names and nationalities of persons to whom

returns have been made of any property or interest under section 1

of this Act [section 32(a)(2)(D) of this Appendix] and the value of

such property or interest."

-EXEC-

EXECUTIVE ORDER NO. 9095

Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971, as amended by Ex.

Ord. No. 9193, July 6, 1942, 7 F.R. 5205; Ex. Ord. No. 9567, June

8, 1945, 10 F.R. 6917, which established the Office of the World

War II Alien Property Custodian and provided for the compensation,

functions, etc., of the Alien Property Custodian, was revoked by

Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EX. ORD. NO. 9142. TRANSFER OF CERTAIN FUNCTIONS, PROPERTY AND

PERSONNEL FROM DEPARTMENT OF JUSTICE TO ALIEN PROPERTY CUSTODIAN

Ex. Ord. No. 9142, Apr. 21, 1942, 7 F.R. 2985, provided:

1. All authority, rights, privileges, powers, duties, and

functions transferred or delegated to the Department of Justice, to

be administered under the supervision of the Attorney General, by

Executive Order No. 6694 of May 1, 1934, or vested in, transferred

or delegated to, the Attorney General or the Assistant Attorney

General in charge of the Claims Division of the Department of

Justice, by Executive Order No. 8136 of May 15, 1939, are hereby

transferred to the Alien Property Custodian provided for by

Executive Order No. 9095, dated March 11, 1942.

2. Subject to the provisions of paragraph 5 hereof, all property

of the Alien Property Division of the Department of Justice,

including records, files, supplies, furniture, and equipment, and

all funds, securities, choses in action, real estate, patents,

trade-marks, copyrights, and all other property of whatsoever kind,

held or administered by the Attorney General under and pursuant to

the Trading With the Enemy Act, as amended [sections 1 to 6, 7 to

39, and 41 to 44 of this Appendix], are hereby transferred to the

Alien Property Custodian, to be administered and disposed of under

his supervision and direction.

3. All administrative or general or other expenses of the Office

of the Alien Property Custodian in the administration of the

Trading With the Enemy Act, as amended [sections 1 to 6, 7 to 39,

and 41 to 44 of this Appendix], including the administration of

Executive Order No. 9095, may be paid out of any funds or other

property transferred to the Alien Property Custodian hereunder,

whether or not such expenses relate to the property transferred

hereunder, or were incurred before or after March 11, 1942.

4. The personnel of the Alien Property Division of the Department

of Justice is hereby transferred to the Office of the Alien

Property Custodian without loss of such civil service status or

eligibility therefor as they may have.

5. All litigation in which the Alien Property Custodian or the

Office of the Alien Property Custodian is interested shall be

conducted under the supervision of the Attorney General. The

Department of Justice and the Attorney General shall from time to

time render such advice on legal matters to the Alien Property

Custodian and the Office of the Alien Property Custodian as the

Attorney General and the Alien Property Custodian may from time to

time agree upon. For the purpose of defraying such expenses as may

be incurred by the Department of Justice or the Attorney General in

the rendering of advice as aforesaid or in the conduct of

litigation in which the Alien Property Custodian or the Office of

Alien Property Custodian is interested, including expenses for

salaries of personnel and all other charges, the Alien Property

Custodian may from time to time make available out of the funds or

other property in his possession or control such funds as the

Attorney General and the Alien Property Custodian may from time to

time agree to be necessary therefor. Nothing in this order shall be

construed to require the Department of Justice to surrender

possession of any files and records relating to any litigation

heretofore or hereafter conducted by it.

6. This order shall not be construed as modifying or limiting in

any way the authority heretofore granted to the Federal Bureau of

Investigation.

7. This order shall remain in force during the continuance of the

present war and for six months after the termination thereof.

8. All prior Executive orders insofar as they are in conflict

herewith are hereby superseded.

Franklin D. Roosevelt.

EX. ORD. NO. 9325. PAYMENT OF EXPENSES OF THE OFFICE OF ALIEN

PROPERTY CUSTODIAN

Ex. Ord. No. 9325, Apr. 7, 1943, 8 F.R. 1682, provided:

1. Until it is otherwise provided, the Alien Property Custodian

is authorized and empowered to pay out of any funds lawfully in his

custody or under his control all necessary expenses incurred by the

Office of Alien Property Custodian in carrying out the powers and

duties vested in him pursuant to Title III of the First War Powers

Act, 1941 [sections 616 to 618 of this Appendix], and the

applicable orders issued thereunder. Such expenses shall be

allocated and recovered as provided in section 2 hereof.

2. The Alien Property Custodian is authorized to retain, allocate

and recover, as a charge against any specific property or any other

property of which the former owner of the specific property was

divested, expenses attributable to such specific property with

respect to which he has exercised or may hereafter exercise any

power heretofore or hereafter conferred upon him. In addition to

such expenses, the Alien Property Custodian is authorized to

retain, allocate and recover at such time or times as he may deem

practicable, as a charge against money or property in his custody

or under his control, such amounts as may be necessary in

connection with the general administrative expenses of the Office

of Alien Property Custodian which have been or may be paid and

which are not practicably allocable to a specific property.

3. The power and authority herein granted shall not be limited by

the filing of a claim or the institution of a suit relating to any

property subject to the authority of the Alien Property Custodian.

4. This order shall not be construed as a limitation upon or in

derogation of any powers heretofore granted.

5. The Office of Alien Property Custodian shall submit to the

Bureau of the Budget [now the Office of Management and Budget] (a)

prior to April 30, 1943, an estimate of general administrative

expenses for the remainder of the current fiscal year, (b) prior to

the end of the current and of each subsequent fiscal year, at such

time as may be specified by the Director of the Bureau of the

Budget, an estimate of such expenses for the succeeding fiscal

year, and (c) any supplemental estimates of such expenses if and as

the need arises. After April 30, 1943, no general administrative

expenses authorized to be paid pursuant to this order shall be

incurred or paid by the Office of Alien Property Custodian beyond

the amounts approved by the Director of the Bureau of the Budget

upon submissions as above set forth.

Franklin D. Roosevelt.

EX. ORD. NO. 9747. FUNCTIONS OF ALIEN PROPERTY CUSTODIAN AND

TREASURY DEPARTMENT CONTINUED IN PHILIPPINES

Ex. Ord. No. 9747, July 3, 1946, 11 F.R. 7518, provided that the

powers of the Alien Property Custodian under Ex. Ord. No. 9095,

formerly set out above, should continue to be exercised in the

Philippines after July 4, 1946. It also provided that the Secretary

of the Treasury should continue to exercise his powers in the

Philippines under Ex. Ord. No. 8389, eff. Apr. 10, 1940, set out as

a note under section 95a of Title 12, Banks and Banking.

EX. ORD. NO. 9760. AUTHORITY OF SECRETARY OF STATE REGARDING

DIPLOMATIC PROPERTY OF GERMANY AND JAPAN

Ex. Ord. No. 9760, July 23, 1946, 11 F.R. 7999, provided:

1. The Secretary of State is authorized and empowered as he deems

necessary in the national interest to direct, manage, supervise, or

control diplomatic and consular property within the United States

owned or controlled by Germany or Japan, including all assets on

the premises of such property.

2. The Alien Property Custodian shall not exercise any power and

authority conferred upon him by any other Executive order with

respect to diplomatic and consular property within the United

States owned or controlled by Germany or Japan except so far as the

Secretary of State releases his authority over such diplomatic and

consular property under this order and so notifies the Alien

Property Custodian in writing.

3. When the Secretary of State determines to exercise any power

and authority conferred upon him by this order with respect to any

property over which the Secretary of the Treasury is exercising any

control and so notifies the Secretary of the Treasury in writing,

the Secretary of the Treasury shall release all control of such

property, except as authorized or directed by the Secretary of

State.

4. This order supersedes all conflicting provisions of prior

Executive orders, including Executive Orders Nos. 8389, as amended

[set out under section 95a of Title 12, Banks and Banking] and

9095, as amended [set out above].

5. The Secretary of State is authorized to prescribe from time to

time regulations, rulings, and instructions to carry out the

purposes of this order.

Harry S Truman.

EX. ORD. NO. 9788. TERMINATION OF OFFICE OF WORLD WAR II ALIEN

PROPERTY CUSTODIAN AND TRANSFERENCE OF ITS FUNCTIONS TO THE

ATTORNEY GENERAL

Ex. Ord. No. 9788, Oct. 14, 1946, 11 F.R. 11981, provided:

1. The Office of Alien Property Custodian in the Office for

Emergency Management of the Executive Office of the President,

established by Executive Order No. 9095 of March 11, 1942 [formerly

set out above], is hereby terminated; and all authority, rights,

privileges, powers, duties, and functions vested in such Office or

in the Alien Property Custodian or transferred or delegated thereto

are hereby vested in or transferred or delegated to the Attorney

General, as the case may be, and shall be administered by him or

under his direction and control by such officers and agencies of

the Department of Justice as he may designate.

2. All property or interests vested in or transferred to the

Alien Property Custodian or seized by him, and all proceeds

thereof, which are held or administered by him on the effective

date of this order are hereby transferred to the Attorney General.

3. All personnel, property, records, and funds of the Office of

Alien Property Custodian are hereby transferred to the Department

of Justice.

4. This order supersedes all prior Executive orders to the extent

that they are in conflict with this order.

5. This order shall become effective on October 15, 1946.

Harry S Truman.

EXECUTIVE ORDER NO. 9818

Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, formerly set out

under section 1382 of Title 22, Foreign Relations and Intercourse,

established the Philippine Alien Property Administration.

EXECUTIVE ORDER NO. 9989

Ex. Ord. No. 9989, Aug. 20, 1948, 13 F.R. 4891, which transferred

jurisdiction over blocked assets to the Attorney General, was

superseded by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, set

out below.

EXECUTIVE ORDER NO. 10348

Ex. Ord. No. 10348, Apr. 26, 1952, 17 F.R. 3769, which continued

in force Ex. Ord. No. 9989, was superseded by Ex. Ord. No. 11281,

May 13, 1966, 31 F.R. 7215, set out below.

EX. ORD. NO. 11281. TRANSFERRING JURISDICTION OVER BLOCKED ASSETS

FROM ATTORNEY GENERAL TO SECRETARY OF THE TREASURY

Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, provided:

WHEREAS before October 1, 1948, the Secretary of the Treasury

administered the blocking controls and other restrictions over

property and interests of certain foreign countries or their

nationals that had been imposed, under the authority of section

5(b) of the Trading with the Enemy Act, as amended (50 U.S.C. App.

5(b)), by means of and under Executive Order No. 8389 of April 10,

1940, as amended [set out under section 95a of Title 12, Banks and

Banking]; and

WHEREAS by Executive Order No. 9989 of August 20, 1948,

jurisdiction over the property and interests which remained blocked

or restricted under Executive Order No. 8389 on September 30, 1948,

was transferred, effective October 1, 1948, to the Attorney General

to aid him in carrying out his functions as successor to the Alien

Property Custodian, including, among others, the function of

vesting property pursuant to the provisions of the Trading with the

Enemy Act, as amended [sections 1 to 6, 7 to 39,and 41 to 44 of

this Appendix]; and

WHEREAS by Executive Order No. 10644 of November 7, 1955

[formerly set out under section 1631a of Title 22, Foreign

Relations and Intercourse], the Attorney General was designated to

carry out the functions of the President under Title II of the

International Claims Settlement Act of 1949 (as added by the Act of

August 9, 1955, Public Law 285, 84th Congress, 69 Stat. 562)

[sections 1631 to 1631o of Title 22], including certain vesting and

blocking functions required by section 202 of that Act (22 U.S.C.

1631a), and the Attorney General, as designee of the President,

exercises controls under Executive Order No. 8389 with respect to

the net proceeds of certain property that are carried, pursuant to

section 202, in blocked accounts with the Treasury; and

WHEREAS the functions of vesting property under the Trading with

the Enemy Act and under section 202 of the International Claims

Settlement Act of 1949 have been terminated; and

WHEREAS the blocking controls not exercised by the Attorney

General under Executive Order No. 8389 are limited in application

to property of Hungary or its nationals acquired on or before

January 1, 1945; property of Czechoslovakia, Estonia, Latvia,

Lithuania or nationals of those countries acquired on or before

December 7, 1945; property of East Germany or its nationals

acquired on or before December 31, 1946, and certain securities

scheduled in General Rulings No. 5 and No. 5B, as amended (8 CFR

511.205 and 511.205b); and

WHEREAS the Office of Alien Property, through which the Attorney

General carries out or has carried out the various responsibilities

described above, will be abolished on or before June 30, 1966, and

the Attorney General thereafter will not be in a position to

administer blocking controls under Executive Order No. 8389

efficiently; and

WHEREAS in the interest of efficiency it is desirable to return

to the Secretary of the Treasury jurisdiction over the property and

interests remaining subject to such blocking controls:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and the laws of the United States, including the

Trading with the Enemy Act, as amended [sections 1 to 6, 7 to 39,

and 41 to 44 of this Appendix], Title II of the International

Claims Settlement Act of 1949 and section 301 of Title 3 of the

United States Code, and as President of the United States, it is

hereby ordered as follows:

Section 1. The authority granted to the Attorney General by

Executive Order No. 9989 with respect to property and interests

blocked or otherwise subject to restriction under Executive Order

No. 8389 [set out under section 95a of Title 12, Banks and Banking]

is hereby terminated and Executive Order No. 9989 [formerly set out

above] is hereby superseded.

Sec. 2. The Secretary of the Treasury shall hereafter be

responsible for the administration of the controls exercisable

under Executive Order No. 8389 [set out under section 95a of Title

12, Banks and Banking] and he is authorized and directed to take

such action as he may deem necessary with respect to any property

or interest that remains blocked or restricted under Executive

Order No. 8389 on the effective date of this order. In the

performance of the functions and duties hereby reassigned to him,

the Secretary of the Treasury may act personally or through any

officer, person, agency or instrumentality designated by him.

Sec. 3. All orders, regulations, rulings, instructions or

licenses issued prior to the effective date of this order by the

Attorney General or the Secretary of the Treasury with respect to

any of the property or interests referred to in Section 2 shall

continue in full force and effect except as hereafter amended,

modified or revoked by the Secretary of the Treasury.

Sec. 4. No person affected by any order, regulation, ruling,

instruction, license or other action issued or taken by either the

Attorney General or the Secretary of the Treasury in the

administration of Executive Order No. 8389 may challenge the

validity thereof or otherwise excuse any action, or failure to act,

on the ground that it was within the jurisdiction of the Secretary

of the Treasury rather than the Attorney General or vice versa.

Sec. 5. Section 1 of Executive Order No. 10644 of November 7,

1955 [formerly set out under section 1631a of Title 22, Foreign

Relations and Intercourse], is hereby amended to read as follows:

"Section 1. (a) With the exception of the functions referred to

in subsection (b) of this section, the Attorney General, and, as

designated by the Attorney General for this purpose, any Assistant

Attorney General are hereby designated and empowered to perform the

functions conferred by Title II of the International Claims

Settlement Act of 1949 upon the President, and the functions

conferred by that title upon any designee of the President.

"(b) The Secretary of the Treasury, and any officer, person,

agency or instrumentality designated by the Secretary of the

Treasury for this purpose, as hereby designated and empowered to

perform the functions conferred upon the President by section 202

of Title II with respect to the release of blocked property and of

the net proceeds of property that are carried in blocked accounts

with the Treasury."

Sec. 6. Executive Order No. 8389, this order and all delegations,

designations, regulations, rulings, instructions and licenses

issued or to be issued under Executive Order No. 8389 or this order

are hereby continued in force according to their terms for the

duration of the period of the national emergency proclaimed by

Proclamation No. 2914 of December 16, 1950 [set out preceding

section 1 of this Appendix]. Executive Order No. 10348 of April 26,

1952 [formerly set out above] is hereby superseded.

Sec. 7. Nothing in this order shall be deemed to revoke or limit

any powers heretofore conferred on the Secretary of the Treasury by

or under any statute or Executive order, or to revoke or limit any

powers heretofore conferred upon the Attorney General by or under

any statute or Executive order other than Executive Order No. 9989

[formerly set out above] or No. 10644.

Sec. 8. This order shall become effective at midnight, May 15,

1966.

Lyndon B. Johnson.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1 to 5, 7 to 39, 41 to 44

of this Appendix; title 28 section 2680.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 6a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 6a. Incurment of expenses by Office of Alien Property

Custodian

-STATUTE-

After June 30, 1945, the Office of Alien Property Custodian shall

not incur any obligations for the expenses of said Office except

pursuant to a further annual authorization by the Congress

specifically therefor.

-SOURCE-

(Dec. 22, 1944, ch. 660, title I, 58 Stat. 855.)

-COD-

CODIFICATION

Section was not enacted as part of the Trading with the enemy Act

which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this

Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

REPORT TO CONGRESS ON EXPENSES

Act Dec. 22, 1944, ch. 660, title I, 58 Stat. 855, provided in

part that on or before Apr. 1, 1945, the Alien Property Custodian

make a report to the Appropriations Committees of the House and

Senate giving detailed information on all administrative and

nonadministrative expenses incurred in connection with the

activities of the Office of Alien Property Custodian.

-End-

-CITE-

50 USC APPENDIX Sec. 6b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 6b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-470, title II, Aug. 9, 1968, 82 Stat. 673,

which authorized Attorney General to pay, out of certain funds or

other property or interest, expenses incurred in carrying out

Trading With the Enemy Act and International Claims Settlement Act,

was from the Department of Justice Appropriation Act, 1969, and was

not repeated in subsequent appropriation acts. Similar provisions

were carried in the following prior appropriation acts:

Nov. 8, 1967, Pub. L. 90-133, title II, 81 Stat. 416.

Nov. 8, 1966, Pub. L. 89-797, title II, 80 Stat. 1484.

Sept. 2, 1965, Pub. L. 89-164, title II, 79 Stat. 625.

Aug. 31, 1964, Pub. L. 88-527, title II, 78 Stat. 716.

Dec. 30, 1963, Pub. L. 88-245, title II, 77 Stat. 781.

Oct. 18, 1962, Pub. L. 87-843, title II, 76 Stat. 1085.

Sept. 21, 1961, Pub. L. 87-264, title II, 75 Stat. 550.

Aug. 31, 1960, Pub. L. 86-678, title II, 74 Stat. 564.

July 13, 1959, Pub. L. 86-84, title II, 73 Stat. 189.

June 30, 1958, Pub. L. 85-474, title II, 72 Stat. 252.

June 11, 1957, Pub. L. 85-49, title II, 71 Stat. 63.

June 20, 1956, ch. 414, title II, 70 Stat. 308.

July 7, 1955, ch. 279, title II, 69 Stat. 273.

July 2, 1954, ch. 456, title II, 68 Stat. 421.

Aug. 5, 1953, ch. 328, title II, 67 Stat. 375.

July 10, 1952, ch. 651, title II, 66 Stat. 559.

Oct. 22, 1951, ch. 533, title II, 65 Stat. 585.

Sept. 6, 1950, ch. 896, Ch. III, title II, 64 Stat. 619.

July 20, 1949, ch. 354, title II, 63 Stat. 461.

-End-

-CITE-

50 USC APPENDIX Sec. 7 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 7. Lists of enemy or ally of enemy officers, directors or

stockholders of corporations in United States; acts constituting

trade with enemy prior to passage of Act; conveyance of property

to custodian; voluntary payment to custodian by holder; acts

under order, rule, or regulation

-STATUTE-

(a) Every corporation incorporated within the United States, and

every unincorporated association, or company, or trustee, or

trustees within the United States, issuing shares or certificates

representing beneficial interests, shall, under such rules and

regulations as the President may prescribe and, within sixty days

after the passage of this Act [Oct. 6, 1917] and at such other

times thereafter as the President may require, transmit to the

alien property custodian a full list, duly sworn to, of every

officer, director, or stockholder known to be, or whom the

representative of such corporation, association, company, or

trustee has reasonable cause to believe to be an enemy or ally of

enemy resident within the territory, or a subject or citizen

residing outside of the United States, of any nation with which the

United States is at war, or resident within the territory, or a

subject or citizen residing outside of the United States, of any

ally of any nation with which the United States is at war, together

with the amount of stock or shares owned by each such officer,

director, or stockholder, or in which he has any interest.

The President may also require a similar list to be transmitted

of all stock or shares owned on February third, nineteen hundred

and seventeen, by any person now defined as an enemy or ally of

enemy, or in which any such person had any interest; and he may

also require a list to be transmitted of all cases in which said

corporation, association, company, or trustee has reasonable cause

to believe that the stock or shares on February third, nineteen

hundred and seventeen, were owned or are owned by such enemy or

ally of enemy, though standing on the books in the name of another:

Provided, however, That the name of any such officer, director, or

stockholder, shall be stricken permanently or temporarily from such

list by the alien property custodian when he shall be satisfied

that he is not such enemy or ally of enemy.

Any person in the United States who holds or has or shall hold or

have custody or control of any property beneficial or otherwise,

alone or jointly with others, of, for, or on behalf of an enemy or

ally of enemy, or of any person whom he may have reasonable cause

to believe to be an enemy or ally of enemy and any person in the

United States who is or shall be indebted in any way to an enemy or

ally of enemy, or to any person whom he may have reasonable cause

to believe to be an enemy or ally of enemy, shall, with such

exceptions and under such rules and regulations as the President

shall prescribe, and within thirty days after the passage of this

Act [Oct. 6, 1917], or within thirty days after such property shall

come within his custody or control, or after such debt shall become

due, report the fact to the alien-property custodian by written

statement under oath containing such particulars as said custodian

shall require. The President may also require a similar report of

all property so held, of, for, or on behalf of, and of all debts so

owed to, any person now defined as an enemy or ally of enemy, on

February third, nineteen hundred and seventeen: Provided, That the

name of any person shall be stricken from the said report by the

alien property custodian, either temporarily or permanently, when

he shall be satisfied that such person is not an enemy or ally of

enemy. The President may extend the time for filing the lists or

reports required by this section for an additional period not

exceeding ninety days.

(b) Nothing in this Act [sections 1 to 6, 7 to 39, and 41 to 44

of this Appendix] contained shall render valid or legal, or be

construed to recognize as valid or legal, any act or transaction

constituting trade with, to, from, for or on account of, or on

behalf or for the benefit of an enemy performed or engaged in since

the beginning of the war and prior to the passage of this Act [said

sections] or any such act or transaction hereafter performed or

engaged in except as authorized hereunder, which would otherwise

have been or be void, illegal, or invalid at law. No conveyance,

transfer, delivery, payment, or loan of money or other property, in

violation of section three hereof [section 3 of this Appendix],

made after the passage of this Act [Oct. 6, 1917] and not under

license as herein provided shall confer or create any right or

remedy in respect thereof; and no person shall by virtue of any

assignment, indorsement, or delivery to him of any debt, bill,

note, or other obligation or chose in action by, from, or on behalf

of, or on account of, or for the benefit of an enemy or ally of

enemy have any right or remedy against the debtor, obligor, or

other person liable to pay, fulfill, or perform the same unless

said assignment, indorsement, or delivery was made prior to the

beginning of the war or shall be made under license as herein

provided, or unless, if made after the beginning of the war and

prior to the date of passage of this Act [Oct. 6, 1917], the person

to whom the same was made shall prove lack of knowledge and of

reasonable cause to believe on his part that the same was made by,

from or on behalf of, or on account of, or for the benefit of an

enemy or ally of enemy; and any person who knowingly pays,

discharges, or satisfies any such debt, note, bill, or other

obligation or chose in action shall, on conviction thereof, be

deemed to violate section three hereof [section 3 of this

Appendix]: Provided, That nothing in this Act [said sections]

contained shall prevent the carrying out, completion, or

performance of any contract, agreement, or obligation originally

made with or entered into by an enemy or ally of enemy where, prior

to the beginning of the war and not in contemplation thereof, the

interest of such enemy or ally of enemy devolved by assignment or

otherwise upon a person not an enemy or ally of enemy, and no enemy

or ally of enemy will be benefited by such carrying out,

completion, or performance otherwise than by release from

obligation thereunder.

Nothing in this Act [said sections] shall be deemed to prevent

payment of money belonging or owing to an enemy or ally of enemy to

a person within the United States not an enemy or ally of enemy,

for the benefit of such person or of any other person within the

United States, not an enemy or ally of enemy, if the funds so paid

shall have been received prior to the beginning of the war and such

payments arise out of transactions entered into prior to the

beginning of the war, and not in contemplation thereof: Provided,

That such payment shall not be made without the license of the

President, general or special, as provided in this Act [said

sections].

Nothing in this Act [said sections] shall be deemed to authorize

the prosecution of any suit or action at law or in equity in any

court within the United States by an enemy or ally of enemy prior

to the end of the war, except as provided in section ten hereof

[section 10 of this Appendix]: Provided, however, That an enemy or

ally of enemy licensed to do business under this Act [said

sections] may prosecute and maintain any such suit or action so far

as the same arises solely out of the business transacted within the

United States under such license and so long as such license

remains in full force and effect: And provided further, That an

enemy or ally of enemy may defend by counsel any suit in equity or

action at law which may be brought against him.

Receipt of notice from the President to the effect that he has

reasonable ground to believe that any person is an enemy or ally of

enemy shall be prima facie defense to any one receiving the same,

in any suit or action at law or in equity brought or maintained, or

to any right or set-off or recoupment asserted by, such person and

based on failure to complete or perform since the beginning of the

war any contract or other obligation. In any prosecution under

section sixteen hereof [section 16 of this Appendix] proof of

receipt of notice from the President to the effect that he has

reasonable cause to believe that any person is an enemy or ally of

enemy shall be prima facie evidence that the person receiving such

notice has reasonable cause to believe such other person to be an

enemy or ally of enemy within the meaning of section three hereof

[section 3 of this Appendix].

(c) If the President shall so require any money or other property

including (but not thereby limiting the generality of the above)

patents, copyrights, applications therefor, and rights to apply for

the same, trade marks, choses in action, and rights and claims of

every character and description owing or belonging to or held for,

by, on account of, or on behalf of, or for the benefit of, an enemy

or ally of enemy not holding a license granted by the President

hereunder, which the President after investigation shall determine

is so owning or so belongs or is so held, shall be conveyed,

transferred, assigned, delivered, or paid over to the Alien

Property Custodian, or the same may be seized by the Alien Property

Custodian; and all property thus acquired shall be held,

administered and disposed of as elsewhere provided in this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

Any requirement made pursuant to this Act [said sections], or a

duly certified copy thereof, may be filed, registered, or recorded

in any office for the filing, registering, or recording of

conveyances, transfers, or assignments of any such property or

rights as may be covered by such requirement (including the proper

office for filing, registering, or recording conveyances,

transfers, or assignments of patents, copyrights, trade-marks, or

any rights therein or any other rights); and if so filed,

registered, or recorded shall impart the same notice and have the

same force and effect as a duly executed conveyance, transfer, or

assignment to the Alien Property Custodian so filed, registered, or

recorded.

Whenever any such property shall consist of shares of stock or

other beneficial interest in any corporation, association, or

company or trust, it shall be the duty of the corporation,

association, or company or trustee or trustees issuing such shares

or any certificates or other instruments representing the same or

any other beneficial interest to cancel upon its, his, or their

books all shares of stock or other beneficial interest standing

upon its, his, or their books in the name of any person or persons,

or held for, on account of, or on behalf of, or for the benefit of

any person or persons who shall have been determined by the

President, after investigation, to be an enemy or ally of enemy,

and which shall have been required to be conveyed, transferred,

assigned, or delivered to the Alien Property Custodian or seized by

him, and in lieu thereof to issue certificates or other instruments

for such shares or other beneficial interest to the Alien Property

Custodian or otherwise, as the Alien Property Custodian shall

require.

The sole relief and remedy of any person having any claim to any

money or other property heretofore or hereafter conveyed,

transferred, assigned, delivered, or paid over to the Alien

Property Custodian, or required so to be, or seized by him shall be

that provided by the terms of this Act [said sections], and in the

event of sale or other disposition of such property by the Alien

Property Custodian, shall be limited to and enforced against the

net proceeds received therefrom and held by the Alien Property

Custodian or by the Treasurer of the United States.

(d) If not required to pay, convey, transfer, assign, or deliver

under the provisions of subsection (c) of this section, any person

not an enemy or ally of enemy who owes to, or holds for, or on

account of, or on behalf of, or for the benefit of an enemy or of

an ally of enemy not holding a license granted by the President

hereunder, any money or other property, or to whom any obligation

or form of liability to such enemy or ally of enemy is presented

for payment, may, at his option, with the consent of the President,

pay, convey, transfer, assign, or deliver to the alien property

custodian said money or other property under such rules and

regulations as the President shall prescribe.

(e) No person shall be held liable in any court for or in respect

to anything done or omitted in pursuance of any order, rule, or

regulation made by the President under the authority of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

Any payment, conveyance, transfer, assignment, or delivery of

money or property made to the alien property custodian hereunder

shall be a full acquittance and discharge for all purposes of the

obligation of the person making the same to the extent of same. The

alien property custodian and such other persons as the President

may appoint shall have power to execute, acknowledge, and deliver

any such instrument or instruments as may be necessary or proper to

evidence upon the record or otherwise such acquittance and

discharge, and shall, in case of payment to the alien property

custodian of any debt or obligation owed to an enemy or ally of

enemy, deliver up any notes, bonds, or other evidences of

indebtedness or obligation, or any security therefor in which such

enemy or ally of enemy had any right or interest that may have come

into the possession of the alien property custodian, with like

effect as if he or they, respectively, were duly appointed by the

enemy or ally of enemy, creditor, or obligee. The President shall

issue to every person so appointed a certificate of the appointment

and authority of such person, and such certificate shall be

received in evidence in all courts within the United States.

Whenever any such certificate of authority shall be offered to any

registrar, clerk, or other recording officer, Federal or otherwise,

within the United States, such officer shall record the same in

like manner as a power of attorney, and such record or a duly

certified copy thereof shall be received in evidence in all courts

of the United States or other courts within the United States.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 7, 40 Stat. 416; Nov. 4, 1918, ch.

201, Sec. 1, 40 Stat. 1020.)

-MISC1-

AMENDMENTS

1918 - Subsec. (c). Act Nov. 4, 1918, amended subsec. (c)

generally, inserting provisions on recording of property transfers,

cancellation of enemy owned stock by corporations, and restriction

of claims to relief provided by terms of the Act.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 8 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 8. Contracts, mortgages, or pledges against or with enemy or

ally of enemy; abrogation of contracts; suspension of limitations

-STATUTE-

(a) Any person not an enemy or ally of enemy holding a lawful

mortgage, pledge, or lien, or other right in the nature of security

in property of an enemy or ally of enemy which, by law or by the

terms of the instrument creating such mortgage, pledge, or lien, or

right, may be disposed of on notice or presentation or demand, and

any person not an enemy or ally of enemy who is a party to any

lawful contract with an enemy or ally of enemy, the terms of which

provide for a termination thereof upon notice or for acceleration

of maturity on presentation or demand, may continue to hold said

property, and, after default, may dispose of the property in

accordance with law or may terminate or mature such contract by

notice or presentation or demand served or made on the alien

property custodian in accordance with the law and the terms of such

instrument or contract and under such rules and regulations as the

President shall prescribe; and such notice and such presentation

and demand shall have, in all respects, the same force and effect

as if duly served or made upon the enemy or ally of enemy

personally: Provided, That no such rule or regulation shall require

that notice or presentation or demand shall be served or made in

any case in which, by law or by the terms of said instrument or

contract, no notice, presentation, or demand was, prior to the

passage of this Act [Oct. 6, 1917], required; and that in case

were, by law or by the terms of such instrument or contract, notice

is required, no longer period of notice shall be required: Provided

further, That if, on any such disposition of property, a surplus

shall remain after the satisfaction of the mortgage, pledge, lien,

or other right in the nature of security, notice of that fact shall

be given to the President pursuant to such rules and regulations as

he may prescribe, and such surplus shall be held subject to his

further order.

(b) Any contract entered into prior to the beginning of the war

between any citizen of the United States or any corporation

organized within the United States, and an enemy or ally of an

enemy, the terms of which provide for the delivery, during or after

any war in which a present enemy or ally of enemy nation has been

or is now engaged, of anything produced, mined, or manufactured in

the United States, may be abrogated by such citizen or corporation

by serving thirty days' notice in writing upon the alien property

custodian of his or its election to abrogate such contract.

(c) The running of any statute of limitations shall be suspended

with reference to the rights or remedies on any contract or

obligation entered into prior to the beginning of the war between

parties neither of whom is an enemy or ally of enemy, and

containing any promise to pay or liability for payment which is

evidenced by drafts or other commercial paper drawn against or

secured by funds or other property situated in an enemy or ally of

enemy country, and no suit shall be maintained on any such contract

or obligation in any court within the United States until after the

end of the war, or until the said funds or property shall be

released for the payment or satisfaction of such contract or

obligation: Provided, however, That nothing herein contained shall

be construed to prevent the suspension of the running of the

statute of limitations in all other cases where such suspension

would occur under existing law.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 8, 40 Stat. 418.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 9 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 9. Claims to property transferred to custodian; notice of

claim; filing; return of property; suits to recover; sale of

claimed property in time of war or during national emergency

-STATUTE-

(a) Any person not an enemy or ally of enemy claiming any

interest, right, or title in any money or other property which may

have been conveyed, transferred, assigned, delivered, or paid to

the Alien Property Custodian or seized by him hereunder and held by

him or by the Treasurer of the United States, or to whom any debt

may be owing from an enemy or ally of enemy whose property or any

part thereof shall have been conveyed, transferred, assigned,

delivered, or paid to the Alien Property Custodian or seized by him

hereunder and held by him or by the Treasurer of the United States

may file with the said custodian a notice of his claim under oath

and in such form and containing such particulars as the said

custodian shall require; and the President, if application is made

therefor by the claimant, may order the payment, conveyance,

transfer, assignment, or delivery to said claimant of the money or

other property so held by the Alien Property Custodian or by the

Treasurer of the United States, or of the interest therein to which

the President shall determine said claimant is entitled: Provided,

That no such order by the President shall bar any person from the

prosecution of any suit at law or in equity against the claimant to

establish any right, title, or interest which he may have in such

money or other property. If the President shall not so order within

sixty days after the filing of such application or if the claimant

shall have filed the notice as above required and shall have made

no application to the President, said claimant may institute a suit

in equity in the United States District Court for the District of

Columbia or in the district court of the United States for the

district in which such claimant resides, or, if a corporation,

where it has its principal place of business (to which suit the

Alien Property Custodian or the Treasurer of the United States, as

the case may be, shall be made a party defendant), to establish the

interest, right, title, or debt so claimed, and if so established

the court shall order the payment, conveyance, transfer,

assignment, or delivery to said claimant of the money or other

property so held by the Alien Property Custodian or by the

Treasurer of the United States or the interest therein to which the

court shall determine said claimant is entitled. If suit shall be

so instituted, then such money or property shall be retained in the

custody of the Alien Property Custodian, or in the Treasury of the

United States, as provided in this Act [sections 1 to 6, 7 to 39,

and 41 to 44 of this Appendix], and until any final judgment or

decree which shall be entered in favor of the claimant shall be

fully satisfied by payment or conveyance, transfer, assignment, or

delivery by the defendant, or by the Alien Property Custodian, or

Treasurer of the United States on order of the court, or until

final judgment or decree shall be entered against the claimant or

suit otherwise terminated: Provided further, That upon a

determination made by the President, in time of war or during any

national emergency declared by the President, that the interest and

welfare of the United States require the sale of any property or

interest or any part thereof claimed in any suit filed under this

subsection and pending on or after the date of enactment [Oct. 22,

1962] of this proviso the Alien Property Custodian or any successor

officer, or agency may sell such property or interest or part

thereof, in conformity with law applicable to sales of property by

him, at any time prior to the entry of final judgment in such suit.

No such sale shall be made until thirty days have passed after the

publication of notice in the Federal Register of the intention to

sell. The net proceeds of any such sale shall be deposited in a

special account established in the Treasury, and shall be held in

trust by the Secretary of the Treasury pending the entry of final

judgment in such suit. Any recovery of any claimant in any such

suit in respect of the property or interest or part thereof so sold

shall be satisfied from the net proceeds of such sale unless such

claimant, within sixty days after receipt of notice of the amount

of net proceeds of sale serves upon the Alien Property Custodian,

or any successor officer or agency, and files with the court an

election to waive all claims to the net proceeds, or any part

thereof, and to claim just compensation instead. If the court finds

that the claimant has established an interest, right, or title in

any property in respect of which such an election has been served

and filed, it shall proceed to determine the amount which will

constitute just compensation for such interest, right, or title,

and shall order payment to the claimant of the amount so

determined. An order for the payment of just compensation hereunder

shall be a judgment against the United States and shall be payable

first from the net proceeds of the sale in an amount not to exceed

the amount the claimant would have received had he elected to

accept his proportionate part of the net proceeds of the sale, and

the balance, if any, shall be payable in the same manner as are

judgments in cases arising under section 1346 of title 28, United

States Code. The Alien Property Custodian or any successor officer

or agency shall, immediately upon the entry of final judgment,

notify the Secretary of the Treasury of the determination by final

judgment of the claimant's interest and right to the proportionate

part of the net proceeds from the sale, and the final determination

by judgment of the amount of just compensation in the event the

claimant has elected to recover just compensation for the interest

in the property he claimed.

(b) In respect of all money or other property conveyed,

transferred, assigned, delivered, or paid to the Alien Property

Custodian or seized by him hereunder and held by him or by the

Treasurer of the United States, if the President shall determine

that the owner thereof at the time such money or other property was

required to be so conveyed, transferred, assigned, delivered, or

paid to the Alien Property Custodian or at the time when it was

voluntarily delivered to him or was seized by him was -

(1) A citizen or subject of any nation or State or free city

other than Germany or Austria or Hungary or Austria-Hungary, and is

at the time of the return of such money or other property hereunder

a citizen or subject of any such nation or State or free city; or

(2) A woman who, at the time of her marriage, was a subject or

citizen of a nation which has remained neutral in the war, or of a

nation which was associated with the United States in the

prosecution of said war, and who, prior to April 6, 1917,

intermarried with a subject or citizen of Germany or

Austria-Hungary and that the money or other property concerned was

not acquired by such woman, either directly or indirectly from any

subject or citizen of Germany or Austria-Hungary subsequent to

January 1, 1917; or

(3) A woman who at the time of her marriage was a citizen of the

United States, and who prior to April 6, 1917, intermarried with a

subject or citizen of Germany or Austria-Hungary, and that the

money or other property concerned, was not acquired by such woman,

either directly or indirectly, from any subject or citizen of

Germany or Austria-Hungary subsequent to January 1, 1917; or who

was a daughter of a resident citizen of the United States and

herself a resident or former resident thereof, or the minor

daughter or daughters of such woman, she being deceased; or

(3A) An individual who was at such time a citizen or subject of

Germany, Austria, Hungary, or Austria-Hungary, or not a citizen or

subject of any nation, state or free city, and that the money or

other property concerned was acquired by such individual while a

bona fide resident of the United States, and that such individual,

on January 1, 1926, and at the time of the return of the money or

other property, shall be a bona fide resident of the United States;

or

(3B) Any individual who at such time was not a subject or citizen

of Germany, Austria, Hungary, or Austria-Hungary, and who is now a

citizen or subject of a neutral or allied country: Provided,

however, That nothing contained herein shall be construed as

limiting or abrogating any existing rights of an individual under

the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44

of this Appendix]; or

(4) A citizen or subject of Germany or Austria or Hungary or

Austria-Hungary and was at the time of the severance of diplomatic

relations between the United States and such nations, respectively,

accredited to the United States as a diplomatic or consular officer

of any such nation, or the wife or minor child of such officer, and

that the money or other property concerned was within the territory

of the United States by reason of the service of such officer in

such capacity; or

(5) A citizen or subject of Germany or Austria-Hungary, who by

virtue of the provisions of sections 4067, 4068, 4069, and 4070 of

the Revised Statutes [sections 21 to 24 of title 50] and of the

proclamations and regulations thereunder, was transferred, after

arrest, into the custody of the War Department of the United States

for detention during the war and is at the time of the return of

his money or other property hereunder living within the United

States; or

(6) A partnership, association, or other unincorporated body of

individuals outside the United States, or a corporation

incorporated within any country other than the United States, and

was entirely owned at such time by subjects or citizens of nations,

States, or free cities other than Germany or Austria or Hungary or

Austria-Hungary and is so owned at the time of the return of its

money or other property hereunder; or

(7) The Government of Bulgaria or Turkey, or any political or

municipal subdivision thereof; or

(8) The Government of Germany or Austria or Hungary or

Austria-Hungary, and that the money or other property concerned was

the diplomatic or consular property of such Government; or

(9) An individual who was at such time a citizen or subject of

Germany, Austria, Hungary, or Austria-Hungary, or who is not a

citizen or subject of any nation, State or free city, and that such

money or other property, or the proceeds thereof, if the same has

been converted, does not exceed in value the sum of $10,000, or

although exceeding in value the sum of $10,000 is nevertheless

susceptible of division, and the part thereof to be returned

hereunder does not exceed in value the sum of $10,000: Provided,

That an individual shall not be entitled, under this paragraph, to

the return of any money or other property owned by a partnership,

association, unincorporated body of individuals, or corporation at

the time it was conveyed, transferred, assigned, delivered, or paid

to the Alien Property Custodian, or seized by him hereunder; or

(10) A partnership, association, other unincorporated body of

individuals, or corporation, and that it is not otherwise entitled

to the return of its money or other property, or any part thereof,

under this section, and that such money or other property, or the

proceeds thereof, if the same has been converted, does not exceed

in value the sum of $10,000, or although exceeding in value the sum

of $10,000, is nevertheless susceptible of division, and the part

thereof to be returned hereunder does not exceed in value the sum

of $10,000; or

(11) A partnership, association, or other unincorporated body of

individuals, having its principal place of business within any

country other than Germany, Austria, Hungary, or Austria-Hungary,

or a corporation, organized or incorporated within any country

other than Germany, Austria, Hungary, or Austria-Hungary, and that

the control of, or more than 50 per centum of the interests or

voting power in, any such partnership, association, other

unincorporated body of individuals, or corporation, was at such

time, and is at the time of the return of any money or other

property, vested in citizens or subjects of nations, States, or

free cities other than Germany, Austria, Hungary, or

Austria-Hungary: Provided, however, That this subsection shall not

affect any rights which any citizen or subject may have under

paragraph (1) of this subsection; or

(12) A partnership, association, or other unincorporated body of

individuals, or a corporation, and was entirely owned at such time

by subjects or citizens of nations, States, or free cities other

than Austria or Hungary, or Austria-Hungary and is so owned at the

time of the return of its money or other property, and has filed

the written consent provided for in subsection (m) of this section;

or

(13) A partnership, association or other unincorporated body of

individuals, having its principal place of business at such time

within any country other than Austria, Hungary, or Austria-Hungary,

or a corporation organized or incorporated within any country other

than Austria, Hungary, or Austria-Hungary, and that the written

consent provided for in subsection (m) has been filed; or

(14) An individual who at such time was a citizen or subject of

Germany or who, at the time of the return of any money or other

property, is a citizen or subject of Germany or is not a citizen or

subject of any nation, State, or free city, and that the written

consent provided for in subsection (m) of this section has been

filed; or

(15) Repealed. Aug. 6, 1956, ch. 1016, Sec. 3, 70 Stat. 1073.

(16) An individual, partnership, association, or other

unincorporated body of individuals, or a corporation, and that the

written consent provided for in subsection (m) has been filed, and

that no suit or proceeding against the United States or any agency

thereof is pending in respect of such return, and that such

individual has filed a written waiver renouncing on behalf of

himself, his heirs, successors, and assigns any claim based upon

the fact that at the time of such return he was in fact entitled to

such return under any other provision of this Act [sections 1 to 6,

7 to 39, and 41 to 44 of this Appendix]; or

(17) A partnership, association, or other unincorporated body of

individuals, or a corporation, and was entirely owned at such time

by citizens of Austria and is so owned at the time of the return of

its money or other property; or

(18) A partnership, association, or other unincorporated body of

individuals, having its principal place of business at such time

within Austria, or a corporation organized or incorporated within

Austria; or

(19) An individual who at such time was a citizen of Austria or

who, at the time of the return of any money or other property, is a

citizen of Austria; or

(20) A partnership, association, or other unincorporated body of

individuals, or a corporation, and was entirely owned at such time

by citizens of Hungary and is so owned at the time of the return of

its money or other property; or

(21) A partnership, association, or other unincorporated body of

individuals, having its principal place of business at such time

within Hungary, or a corporation organized or incorporated within

Hungary; or

(22) An individual who at such time was a citizen of Hungary or

who, at the time of the return of any money or other property, is a

citizen of Hungary;

Then the President, without any application being made therefor,

may order the payment, conveyance, transfer, assignment, or

delivery of such money or other property held by the Alien Property

Custodian or by the Treasurer of the United States, or of the

interest therein to which the President shall determine such person

entitled, either to the said owner or to the person by whom said

property was conveyed, transferred, assigned, delivered, or paid

over to the Alien Property Custodian: Provided, That no person

shall be deemed or held to be a citizen or subject of Germany or

Austria or Hungary or Austria-Hungary for the purposes of this

section, even though he was such citizen or subject at the time

first specified in this subsection, if he has become or shall

become, ipso facto or through exercise of option, a citizen or

subject of any nation or State or free city other than Germany,

Austria, or Hungary, (first) under the terms of such treaties of

peace as have been or may be concluded subsequent to November 11,

1918, between Germany or Austria or Hungary (of the one part) and

the United States and/or three or more of the following-named

powers: The British Empire, France, Italy, and Japan (of the other

part), or (second) under the terms of such treaties as have been or

may be concluded in pursuance of the treaties of peace aforesaid

between any nation, State, or free city (of the one part) whose

territories, in whole or in part, on August 4, 1914, formed a

portion of the territory of Germany or Austria-Hungary and the

United States and/or three or more of the following-named powers:

The British Empire, France, Italy, and Japan (of the other part).

For the purposes of this section any citizen or subject of a State

or free city which at the time of the proposed return of money or

other property of such citizen or subject hereunder forms a part of

the territory of any one of the following nations: Germany,

Austria, or Hungary, shall be deemed to be a citizen or subject of

such nation. And the receipt of the said owner or of the person by

whom said money or other property was conveyed, transferred,

assigned, delivered, or paid over to the Alien Property Custodian

shall be a full acquittance and discharge of the Alien Property

Custodian or the Treasurer of the United States, as the case may

be, and of the United States in respect to all claims of all

persons heretofore or hereafter claiming any right, title, or

interest in said money or other property, or compensation or

damages arising from the capture of such money or other property by

the President or the Alien Property Custodian: Provided further,

however, That except as herein provided no such action by the

President shall bar any person from the prosecution of any suit at

law or in equity to establish any right, title, or interest which

he may have therein.

(c) Any person whose money or other property the President is

authorized to return under the provisions of subsection (b) hereof

may file notice of claim for the return of such money or other

property, as provided in subsection (a) hereof, and thereafter may

make application to the President for allowance of such claim

and/or may institute suit in equity to recover such money or other

property, as provided in said subsection, and with like effect. The

President or the court, as the case may be, may make the same

determinations with respect to citizenship and other relevant facts

that the President is authorized to make under the provisions of

subsection (b) hereof.

(d) Whenever an individual, deceased, would have been entitled,

if living, to the return of any money or other property without

filing the written consent provided for in subsection (m), then his

legal representative may proceed for the return of such money or

other property in the same manner as such individual might proceed

if living, and such money or other property may be returned to such

legal representative without requiring the appointment of an

administrator, or an ancillary administrator, by a court in the

United States, or to any such ancillary administrator, for

distribution directly to the persons entitled thereto. Return in

accordance with the provisions of this subsection may be made in

any case where an application or court proceeding by any legal

representative, under the provisions of this subsection before its

amendment by the Settlement of War Claims Act of 1928 [Act Mar. 10,

1928, ch. 167, Sec. 12(a), 45 Stat. 271] is pending and

undetermined at the time of the enactment of such Act. All bonds or

other security given under the provisions of this subsection before

such amendment shall be canceled or released and all sureties

thereon discharged.

(e) No money or other property shall be returned nor any debt

allowed under this section to any person who is a citizen or

subject of any nation which was associated with the United States

in the prosecution of the war, unless such nation in like case

extends reciprocal rights to citizens of the United States:

Provided, That any arrangement made by a foreign nation for the

release of money and other property of American citizens and

certified by the Secretary of State to the Attorney General as fair

and the most advantageous arrangement obtainable shall be regarded

as meeting this requirement; nor in any event shall a debt be

allowed under this section unless it was owing to and owned by the

claimant prior to October 6, 1917, and as to claimants other than

citizens of the United States unless it arose with reference to the

money or other property held by the Alien Property Custodian or

Treasurer of the United States hereunder; nor shall a debt be

allowed under this section unless notice of the claim has been

filed, or application therefor has been made, prior to the date of

the enactment of the Settlement of War Claims Act of 1928 [Act Mar.

10, 1928, ch. 167, 45 Stat. 254].

(f) Except as herein provided, the money or other property

conveyed, transferred, assigned, delivered, or paid to the Alien

Property Custodian, shall not be liable to lien, attachment,

garnishment, trustee process, or execution, or subject to any order

or decree of any court.

(g) Whenever an individual, deceased, would have been entitled,

if living, to the return of any money or other property upon filing

the written consent provided for in subsection (m), then his legal

representative may proceed for the return of such money or other

property in the same manner as such individual might proceed if

living, and such money or other property may be returned, upon

filing the written consent provided for in subsection (m), to such

legal representative without requiring the appointment of an

administrator, or an ancillary administrator, by a court in the

United States, or to any such ancillary administrator, for

distribution to the persons entitled thereto. This subsection shall

not be construed as extinguishing or diminishing any right which

any citizen of the United States may have had under this subsection

prior to its amendment by the Settlement of War Claims Act of 1928

[Act Mar. 10, 1928, ch. 167, Sec. 12(c), 45 Stat. 271] to receive

in full his interest in the property of any individual dying before

such amendment.

(h) The aggregate value of the money or other property returned

under paragraphs (9) and (10) of subsection (b) to any one person,

irrespective of the number of trusts involved, shall in no case

exceed $10,000.

(i) For the purposes of paragraphs (9) and (10) of subsection (b)

of this section accumulated net income, dividends, interest,

annuities, and other earnings, shall be considered as part of the

principal.

(j) The Alien Property Custodian is authorized and directed to

return to the person entitled thereto, whether or not an enemy or

ally of enemy and regardless of the value, any patent, trademark,

print, label, copyright, or right therein or claim thereto, which

was conveyed, transferred, assigned, or delivered to the Alien

Property Custodian, or seized by him, and which has not been sold,

licensed, or otherwise disposed of under the provisions of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], and to

return any such patent, trademark, print, label, copyright, or

right therein or claim thereto, which has been licensed, except

that any patent, trade-mark, print, label, copyright, or right

therein or claim thereto, which is returned by the Alien Property

Custodian and which has been licensed, or in respect of which any

contract has been entered into, or which is subject to any lien or

encumbrance, shall be returned subject to the license, contract,

lien, or encumbrance.

(k) Except as provided in section 27 [section 27 of this

Appendix], paragraphs (12) to (22), both inclusive, of subsection

(b) of this section shall apply to the proceeds received from the

sale, license, or other disposition of any patent, trademark,

print, label, copyright, or right therein or claim thereto,

conveyed, transferred, assigned, or delivered to the Alien Property

Custodian, or seized by him.

(l) This section shall apply to royalties paid to the Alien

Property Custodian, in accordance with a judgment or decree in a

suit brought under subsection (f) of section 10 [section 10(f) of

this Appendix]; but shall not apply to any other money paid to the

Alien Property Custodian under section 10 [section 10 of this

Appendix].

(m) No money or other property shall be returned under paragraph

(12), (13), (14), or (16) of subsection (b) or under subsection (g)

or (n) or (to the extent therein provided) under subsection (p),

unless the person entitled thereto files a written consent to a

postponement of the return of an amount equal to 20 per centum of

the aggregate value of such money or other property (at the time,

as nearly as may be, of the return), as determined by the Alien

Property Custodian, and the investment of such amount in accordance

with the provisions of section 25 [section 25 of this Appendix].

Such amount shall be deducted from the money to be returned to such

person, so far as possible, and the balance shall be deducted from

the proceeds of the sale of so much of the property as may be

necessary, unless such person pays the balance to the Alien

Property Custodian, except that no property shall be sold prior to

the expiration of six years from the date of the enactment of the

Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch. 167,

45 Stat. 254] without the consent of the person entitled thereto.

The amounts so deducted shall be returned to the persons entitled

thereto as provided in subsection (f) of section 25 [section 25(f)

of this Appendix]. The sale of any such property shall be made in

accordance with the provisions of section 12 [section 12 of this

Appendix], except that the provisions of such section relating to

sales or resales to, or for the benefit of, citizens of the United

States shall not be applicable. If such aggregate value of the

money or other property to be returned under paragraph (12), (13),

(14), or (16) of subsection (b) or under subsection (g) is less

than $2,000, then the written consent shall not be required and the

money or other property shall be returned in full without the

temporary retention and investment of 20 per centum thereof.

(n) In the case of property consisting of stock or other interest

in any corporation, association, company, or trust, or of bonded or

other indebtedness thereof, evidenced by certificates of stock or

by bonds or by other certificates of interest therein or

indebtedness thereof, or consisting of dividends or interest or

other accruals thereon, where the right, title, and interest in the

property (but not the actual certificate or bond or other

certificate of interest or indebtedness) was conveyed, transferred,

assigned, delivered, or paid to the Alien Property Custodian, or

seized by him, if the President determines that the owner thereof

or of any interest therein has acquired such ownership by

assignment, transfer, or sale of such certificate or bond or other

certificate of interest or indebtedness, (it being the intent of

this subsection that such assignment, transfer, or sale shall not

be deemed invalid hereunder by reason of such conveyance, transfer,

assignment, delivery, or payment to the Alien Property Custodian or

seizure by him) and that the written consent provided for in

subsection (m) of this section has been filed, then the President

may make in respect of such property an order of the same

character, upon the same conditions, and with the same effect, as

in cases provided for in subsection (b), including the benefits of

subsection (c).

(o) The provisions of paragraph (12), (13), (14), (17), (18),

(19), (20), (21), or (22) of subsection (b), or of subsection (m)

or (n) of this section, and (except to the extent therein provided)

the provisions of paragraph (16) of subsection (b), shall not be

construed as diminishing or extinguishing any right under any other

provision of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix] in force immediately prior to the enactment of the

Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch. 167,

45 Stat. 254].

(p) The Alien Property Custodian shall transfer the money or

other property in the trust of any partnership, association, or

other unincorporated body of individuals, or corporation, the

existence of which has terminated, to trusts in the names of the

persons (including the German Government and members of the former

ruling family) who have succeeded to its claim or interest; and the

provisions of subsection (a) of this section relating to the

collection of a debt (by order of the President or of a court) out

of money or other property held by the Alien Property Custodian or

the Treasurer of the United States shall be applicable to the debts

of such successor and any such debt may be collected out of the

money or other property in any of such trusts if not returnable

under subsection (a) of this section. Subject to the above

provisions as to the collection of debts, each such successor

(except the German Government and members of the former ruling

family) may proceed for the return of the amount so transferred to

his trust, in the same manner as such partnership, association, or

other unincorporated body of individuals, or corporation might

proceed if still in existence. If such partnership, association, or

other unincorporated body of individuals, or corporation, would

have been entitled to the return of its money or other property

only upon filing the written consent provided for in subsection

(m), then the successor shall be entitled to the return under this

subsection only upon filing such written consent.

(q) The return of money or other property under paragraph (15),

(17), (18), (19), (20), (21), or (22) of subsection (b) (relating

to the return of Austrian and Hungarian nationals) shall be subject

to the limitations imposed by subsections (d) and (e) of section 7

of the Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch.

167, Sec. 7(d), (e), 45 Stat. 265, 266].

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 9, 40 Stat. 419; July 11, 1919, ch. 6,

Sec. 1, 41 Stat. 35; June 5, 1920, ch. 241, 41 Stat. 977; Feb. 27,

1921, ch. 76, 41 Stat. 1147; Dec. 21, 1921, ch. 13, 42 Stat. 351;

Dec. 27, 1922, ch. 13, 42 Stat. 1065; Mar. 4, 1923, ch. 285, Sec.

1, 42 Stat. 1511; May 7, 1926, ch. 252, 44 Stat. 406; Mar. 10,

1928, ch. 167, Secs. 11-14, 20, 45 Stat. 270-273, 277; June 25,

1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 745, 50 Stat. 748;

June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch.

139, Sec. 127, 63 Stat. 107; Aug. 6, 1956, ch. 1016, Sec. 3, 70

Stat. 1073; Pub. L. 87-846, title II, Sec. 203, Oct. 22, 1962, 76

Stat. 1113.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-846 inserted provisions for sale

of claimed property in time of war or during national emergency,

publication of notice in Federal Register of intention to sell,

deposit of net proceeds of sale in a special account in the

Treasury, satisfaction of the claim from such net proceeds,

election to waive claims to net proceeds and to claim just

compensation, judicial determination of amount of compensation,

order for payment, judgment against United States and notification

of Secretary of the Treasury respecting the determination of

election made.

1956 - Subsec. (b)(15). Act Aug. 6, 1956, repealed par. (15)

which related to property of the Austro-Hungarian Bank.

1937 - Subsec. (e). Act Aug. 24, 1937, inserted proviso that

arrangements by foreign nations certified by Secretary of State

would be regarded as meeting reciprocity requirement for return of

property.

1928 - Subsec. (b)(12) to (22). Act Mar. 10, 1928, Sec. 11, added

pars. (12) to (22).

Subsec. (d). Act Mar. 10, 1928, Sec. 12(a), amended subsec. (d)

generally.

Subsec. (e). Act Mar. 10, 1928, Sec. 12(b), inserted "; nor shall

a debt be allowed under this section unless notice of the claim has

been filed, or application therefor has been made, prior to the

date of the enactment of the Settlement of War Claims Act of 1928"

before period at end.

Subsec. (g). Act Mar. 10, 1928, Sec. 12(c), amended subsec. (g)

generally.

Subsecs. (l) to (q). Act Mar. 10, 1928, Secs. 13, 14, added

subsecs. (l) to (q).

1926 - Subsec. (b)(3A), (3B). Act May 7, 1926, added pars. (3A)

and (3B).

1923 - Act Mar. 4, 1923, added pars. (9) to (11) of subsec. (b),

and subsecs. (g) to (j) and redesignated former subsec. (g) as (k).

1922 - Subsec. (a). Act Dec. 27, 1922, increased time limit for

instituting a suit from eighteen to thirty months.

1921 - Subsec. (a). Act Dec. 21, 1921, increased time limit for

instituting a suit from six to eighteen months.

Subsec. (b). Act Feb. 27, 1921, added to pars. (2) and (3)

requirement that money or property be acquired subsequent to Jan.

1, 1917, and struck out in par. (3) requirement that citizenship be

by birth in the United States.

1920 - Act June 5, 1920, added pars. (1) to (8) of subsec. (b)

and added subsecs. (c) to (g), latter two subsecs. having formerly

been last two paragraphs, respectively, of subsec. (b).

1919 - Act July 11, 1919, struck out requirement of owner's

assent to the transfer of property to the Custodian, gave the

Supreme Court of the District of Columbia co-extensive jurisdiction

with the District Courts over suits, and inserted proviso

permitting the Custodian to acquit his responsibility by

transferring the property of persons, who were enemies by reason of

residence in enemy occupied countries, to those persons or their

designated representatives.

-CHANGE-

CHANGE OF NAME

In subsec. (a), act June 25, 1936, substituted "the district

court of the United States for the District of Columbia" for "the

Supreme Court of the District of Columbia", and act June 25, 1948,

as amended by act May 24, 1949, substituted "United States District

Court for the District of Columbia" for "district court of the

United States for the District of Columbia".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

SETTLEMENT OF WAR CLAIMS ACT OF 1928

Act Mar. 10, 1928, ch. 167, 45 Stat. 254, known as the Settlement

of War Claims Act of 1928, provided for the settlement of certain

claims of American nationals against Germany, Austria, and Hungary,

and the nationals of Germany, Austria, and Hungary against the

United States, and for the ultimate return of all property held by

the Alien Property Custodian.

Sections 9(c) to 19 of the act were classified to sections 9, 10,

20, and 22 to 31 of this Appendix. Sections 1 to 9(b) of the act

are not classified to the Code.

The act has been amended to extend the time of presenting claims

under it several times as follows: Acts Mar. 10, 1930, ch. 175, 46

Stat. 84; June 14, 1932, ch. 259, 47 Stat. 318; Mar. 3, 1933, ch.

210, 47 Stat. 1488; June 12, 1933, ch. 60, 48 Stat. 125; June 18,

1934, ch. 608, 48 Stat. 1019; June 27, 1934, ch. 851, 48 Stat.

1267; June 26, 1936, ch. 852, 49 Stat. 1984; May 23, 1938, ch. 263,

52 Stat. 437. The act of May 23, 1938, was the final extension and

it allowed the presentation of claims up to 12 years after Mar. 10,

1938.

Act Aug. 6, 1947, ch. 506, 61 Stat. 789, amended section 4(b),

(c) of act Mar. 10, 1928, to change the order of priority for

payment of claims out of the German special deposit account.

EFFECT OF TERMINATION OF STATE OF WAR BETWEEN UNITED STATES AND

GERMANY

Termination of war by Joint Res. Oct. 19, 1951, ch. 519, 65 Stat.

451, as not affecting property already vested, see said Joint Res.

Oct. 19, 1951, set out as a note preceding section 1 of this

Appendix.

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4, 12, 25, 26, 29, 30,

32, 33, 35, 36, 44 of this Appendix; title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 10 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 10. Acts permitted; applications for patents, or registration

of trade-marks or copyrights; payment of tax in relation thereto;

licenses under enemy owned patent or copyright; statements by

licensees; term and cancellation; suits against licensees;

restraining infringements; powers of attorney; keeping secret

inventions

-STATUTE-

Nothing contained in this Act [sections 1 to 6, 7 to 39, and 41

to 44 of this Appendix] shall be held to make unlawful any of the

following acts:

(a) Repealed. Aug. 8, 1946, ch. 910, Sec. 13, 60 Stat. 944.

(b) Any citizen of the United States, or any corporation

organized within the United States, may, when duly authorized by

the President, pay to an enemy or ally of enemy any tax, annuity,

or fee which may be required by the laws of such enemy or ally of

enemy nation in relation to patents and trade-marks, prints,

labels, and copyrights; and any such citizen or corporation may

file and prosecute an application for letters patent or for

registration of trade-mark, print, label, or copyright in the

country of an enemy, or of an ally of enemy after first submitting

such application to the President and receiving license so to file

and prosecute, and to pay the fees required by law and customary

agents' fees, the maximum amount of which in each case shall be

subject to the control of the President.

(c) Any citizen of the United States or any corporation organized

within the United States desiring to manufacture, or cause to be

manufactured, a machine, manufacture, composition of matter, or

design, or to carry on, or to use any trade-mark, print, label or

cause to be carried on, a process under any patent or copyrighted

matter owned or controlled by an enemy or ally of enemy at any time

during the existence of a state of war may apply to the President

for a license; and the President is authorized to grant such a

license, nonexclusive or exclusive as he shall deem best, provided

he shall be of the opinion that such grant is for the public

welfare, and that the applicant is able and intends in good faith

to manufacture, or cause to be manufactured, the machine,

manufacture, composition of matter, or design, or to carry on, or

cause to be carried on, the process or to use the trade-mark,

print, label or copyrighted matter. The President may prescribe the

conditions of this license, including the fixing of prices of

articles and products necessary to the health of the military and

naval forces of the United States or the successful prosecution of

the war, and the rules and regulations under which such license may

be granted and the fee which shall be charged therefor, not

exceeding $100, and not exceeding one per centum of the fund

deposited as hereinafter provided. Such license shall be a complete

defense to any suit at law or in equity instituted by the enemy or

ally of enemy owners of the letters patent, trade-mark, print,

label or copyright, or otherwise, against the licensee for

infringement or for damages, royalty, or other money award on

account of anything done by the licensee under such license, except

as provided in subsection (f) hereof.

(d) The licensee shall file with the President a full statement

of the extent of the use and enjoyment of the license, and of the

prices received in such form and at such stated periods (at least

annually) as the President may prescribe; and the licensee shall

pay at such times as may be required to the alien property

custodian not to exceed five per centum of the gross sums received

by the licensee from the sale of said inventions or use of the

trade-mark, print, label or copyrighted matter, or, if the

President shall so order, five per centum of the value of the use

of such inventions, trade-marks, prints, labels or copyrighted

matter to the licensee as established by the President; and sums so

paid shall be deposited by said alien property custodian forthwith

in the Treasury of the United States as a trust fund for the said

licensee and for the owner of the said patent, trade-mark, print,

label or copyright registration as hereinafter provided, to be paid

from the Treasury upon order of the court, as provided in

subsection (f) of this section, or upon the direction of the alien

property custodian.

(e) Unless surrendered or terminated as provided in this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], any

license granted hereunder shall continue during the term fixed in

the license or in the absence of any such limitation during the

term of the patent, trade-mark, print, label, or copyright

registration under which is it granted. Upon violation by the

licensee of any of the provisions of this Act [said sections], or

of the conditions of the license, the President may, after due

notice and hearing, cancel any license granted by him.

(f) The owner of any patent, trade-mark, print, label, or

copyright under which a license is granted hereunder may, after the

end of the war and until the expiration of one year thereafter,

file a bill in equity against the licensee in the district court of

the United States for the district in which the said licensee

resides, or, if a corporation, in which it has its principal place

of business (to which suit the Treasurer of the United States shall

be made a party), for recovery from the said licensee for all use

and enjoyment of the said patented invention, trade-mark, print,

label, or copyrighted matter: Provided, however, That whenever suit

is brought, as above, notice shall be filed with the alien property

custodian within thirty days after date of entry of suit: Provided

further, That the licensee may make any and all defenses which

would be available were no license granted. The court on due

proceedings had may adjudge and decree to the said owner payment of

a reasonable royalty. The amount of said judgment and decree, when

final, shall be paid on order of the court to the owner of the

patent from the fund deposited by the licensee, so far as such

deposit will satisfy said judgment and decree; and the said payment

shall be in full or partial satisfaction of said judgment and

decree, as the facts may appear; and if, after payment of all such

judgments and decrees, there shall remain any balance of said

deposit, such balance shall be repaid to the licensee on order of

the alien property custodian. If no suit is brought within one year

after the end of the war, or no notice is filed as above required,

then the licensee shall not be liable to make any further deposits,

and all funds deposited by him shall be repaid to him on order of

the alien property custodian. Upon entry of suit and notice filed

as above required, or upon repayment of funds as above provided,

the liability of the licensee to make further reports to the

President shall cease.

If suit is brought as above provided, the court may, at any time,

terminate the license, and may, in such event, issue an injunction

to restrain the licensee from infringement thereafter, or the

court, in case the licensee, prior to suit, shall have made

investment of capital based on possession of the license, may

continue the license for such period and upon such terms and with

such royalties as it shall find to be just and reasonable.

In the case of any such patent, trade-mark, print, label, or

copyright, conveyed, assigned, transferred, or delivered to the

Alien Property Custodian or seized by him, any suit brought under

this subsection, within the time limited therein, shall be

considered as having been brought by the owner within the meaning

of this subsection, in so far as such suit relates to royalties for

the period prior to the sale by the Alien Property Custodian of

such patent, trade-mark, print, label, or copyright, if brought

either by the Alien Property Custodian or by the person who was the

owner thereof immediately prior to the date such patent,

trade-mark, print, label, or copyright was seized or otherwise

acquired by the Alien Property Custodian.

(g) Any enemy, or ally of enemy, may institute and prosecute

suits in equity against any person other than a licensee under this

Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] to

enjoin infringement of letters patent, trade-mark, print, label,

and copyrights in the United States owned or controlled by said

enemy or ally of enemy, in the same manner and to the extent that

he would be entitled so to do if the United States was not at war:

Provided, That no final judgment or decree shall be entered in

favor of such enemy or ally of enemy by any court except after

thirty days' notice to the alien property custodian. Such notice

shall be in writing and shall be served in the same manner as civil

process of Federal courts.

(h) All powers of attorney heretofore or hereafter granted by an

enemy or ally of enemy to any person within the United States, in

so far as they may be requisite to the performance of acts

authorized in subsections (a) and (g) of this section, shall be

valid.

(i) Whenever the publication of an invention by the granting of a

patent may, in the opinion of the President, be detrimental to the

public safety or defense, or may assist the enemy or endanger the

successful prosecution of the war, he may order that the invention

be kept secret and withhold the grant of a patent until the end of

the war: Provided, That the invention disclosed in the application

for said patent may be held abandoned upon it being established

before or by the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark

Office that, in violation of said order, said invention has been

published or that an application for a patent therefor has been

filed in any other country, by the inventor or his assigns or legal

representatives, without the consent or approval of the

commissioner or under a license of the President.

When an applicant whose patent is withheld as herein provided and

who faithfully obeys the order of the President above referred to

shall tender his invention to the Government of the United States

for its use, he shall, if he ultimately receives a patent, have the

right to sue for compensation in the United States Court of Federal

Claims, such right to compensation to begin from the date of the

use of the invention by the Government.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 10, 40 Stat. 420; Mar. 10, 1928, ch.

167, Sec. 19, 45 Stat. 277; Aug. 8, 1946, ch. 910, Sec. 13, 60

Stat. 944; Pub. L. 97-164, title I, Sec. 160(a)(17), Apr. 2, 1982,

96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4732(b)(26)], Nov. 29, 1999, 113 Stat. 1536,

1501A-585.)

-MISC1-

PRIOR PROVISIONS

The provisions of subsection (i) of this section are similar to

the provisions of act Oct. 6, 1917, ch. 95, 40 Stat. 394 (formerly

classified to section 42 of Title 35, Patents), which was repealed

and superseded by act Feb. 1, 1952, ch. 4, 66 Stat. 3. Act Feb. 1,

1952 was also repealed by act July 19, 1952, ch. 950, Sec. 5, 66

Stat. 815. See section 181 et seq. of Title 35.

AMENDMENTS

1999 - Subsec. (i). Pub. L. 106-113 substituted "Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office" for "Commissioner of Patents".

1992 - Subsec. (i). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (i). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

1946 - Subsec. (a). Act Aug. 8, 1946, repealed subsec. (a).

1928 - Subsec. (f). Act Mar. 10, 1928, added par. at end.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

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 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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-EXEC-

PRESIDENT'S PROCLAMATION

Proclamation of May 24, 1917, 40 Stat. 1669, authorized citizens

owning letters patent issued by the German Empire to pay any tax,

annuity or fee required by the laws of the German Empire for

preservation of their rights in the letters patent.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5, 7, 9, 12 of this

Appendix; title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 11 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 11. Importations prohibited

-STATUTE-

Whenever during the present war the President shall find that the

public safety so requires and shall make proclamation thereof it

shall be unlawful to import into the United States from any country

named in such proclamation any article or articles mentioned in

such proclamation except at such time or times, and under such

regulations or orders, and subject to such limitations and

exceptions as the President shall prescribe, until otherwise

ordered by the President or by Congress: Provided, however, That no

preference shall be given to the ports of one State over those of

another.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 11, 40 Stat. 422.)

-MISC1-

EXTENSION OF IMPORT LIMITATIONS

Joint Res. Nov. 19, 1919, ch. 121, 41 Stat. 361, continued

provisions of section 1 et seq. of this Appendix and proclamations

limiting imports to Jan. 15, 1920.

-EXEC-

PRESIDENT'S PROCLAMATIONS

Proclamation of Nov. 28, 1917, 40 Stat. 1722, forbade importation

of various articles except under license granted by War Trade

Board.

Proclamation of Feb. 14, 1918, 40 Stat. 1748, added other

articles to list of articles upon which import limitations were

placed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 12 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 12. Property transferred to Alien Property Custodian

-STATUTE-

All moneys (including checks and drafts payable on demand) paid

to or received by the alien property custodian pursuant to this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] shall be

deposited forthwith in the Treasury of the United States, and may

be invested and reinvested by the Secretary of the Treasury in

United States bonds or United States certificates of indebtedness,

under such rules and regulations as the President shall prescribe

for such deposit, investment, and sale of securities; and as soon

after the end of the war as the President shall deem practicable,

such securities shall be sold and the proceeds deposited in the

Treasury.

All other property of an enemy, or ally of enemy, conveyed,

transferred, assigned, delivered, or paid to the alien property

custodian hereunder shall be safely held and administered by him

except as hereinafter provided; and the President is authorized to

designate as a depositary, or depositaries, of property of an enemy

or ally of enemy, any bank, or banks, or trust company, or trust

companies, or other suitable depositary or depositaries, located

and doing business in the United States. The alien property

custodian may deposit with such designated depositary or

depositaries, or with the Secretary of the Treasury, any stocks,

bonds, notes, time drafts, time bills of exchange, or other

securities, or property (except money or checks or drafts payable

on demand which are required to be deposited with the Secretary of

the Treasury) and such depositary or depositaries shall be

authorized and empowered to collect any dividends or interest or

income that may become due and any maturing obligations held for

the account of such custodian. Any moneys collected on said account

shall be paid and deposited forthwith by said depositary or by the

alien property custodian into the Treasury of the United States as

hereinbefore provided.

The President shall require all such designated depositaries to

execute and file bonds sufficient in his judgment to protect

property on deposit, such bonds to be conditioned as he may direct.

The alien property custodian shall be vested with all of the

powers of a common-law trustee in respect of all property, other

than money, which has been or shall be, or which has been or shall

be required to be, conveyed, transferred, assigned, delivered, or

paid over to him in pursuance of the provisions of this Act [said

sections], and, in addition thereto, acting under the supervision

and direction of the President, and under such rules and

regulations as the President shall prescribe, shall have power to

manage such property and do any act or things in respect thereof or

make any disposition thereof or of any part thereof, by sale or

otherwise, and exercise any rights or powers which may be or become

appurtenant thereto or to the ownership thereof in like manner as

though he were the absolute owner thereof: Provided, That any

property sold under this Act [said sections] except when sold to

the United States, shall be sold only to American citizens, at

public sale to the highest bidder, after public advertisement of

time and place of sale which shall be where the property or a major

portion thereof is situated, unless the President stating the

reasons therefor, in the public interest shall otherwise determine:

Provided further, That when sold at public sale, the alien property

custodian upon the order of the President stating the reasons

therefor, shall have the right to reject all bids and resell such

property at public sale or otherwise as the President may direct.

Any person purchasing property from the alien property custodian

for an undisclosed principal, or for re-sale to a person not a

citizen of the United States, or for the benefit of a person not a

citizen of the United States, shall be guilty of a misdemeanor,

and, upon conviction, shall be subject to a fine of not more than

$10,000, or imprisonment for not more than ten years, or both, and

the property shall be forfeited to the United States. It shall be

the duty of every corporation incorporated within the United States

and every unincorporated association, or company, or trustee, or

trustees within the United States issuing shares or certificates

representing beneficial interests to transfer such shares or

certificates upon its, his, or their books into the name of the

alien property custodian upon demand, accompanied by the

presentation of the certificates which represent such shares or

beneficial interests. The alien property custodian shall forthwith

deposit in the Treasury of the United States, as hereinbefore

provided, the proceeds of any such property or rights so sold by

him.

Any money or property required or authorized by the provisions of

this Act [said sections] to be paid, conveyed, transferred,

assigned, or delivered to the alien property custodian shall, if

said custodian shall so direct by written order, be paid, conveyed,

transferred, assigned, or delivered to the Treasurer of the United

States with the same effect as if to the alien property custodian.

After the end of the war any claim of any enemy or of an ally of

enemy to any money or other property received and held by the alien

property custodian or deposited in the United States Treasury,

shall be settled as Congress shall direct: Provided, however, That

on order of the President as set forth in section nine hereof

[section 9 of this Appendix], or of the court, as set forth in

sections nine and ten hereof [sections 9 and 10 of this Appendix],

the alien property custodian or the Treasurer of the United States,

as the case may be, shall forthwith convey, transfer, assign, and

pay to the person to whom the President shall so order, or in whose

behalf the court shall enter final judgment or decree, any property

of an enemy or ally of enemy held by said custodian or by said

Treasurer, so far as may be necessary to comply with said order of

the President or said final judgment or decree of the court: And

provided further, That the Treasurer of the United States, on order

of the alien property custodian shall, as provided in section ten

hereof [section 10 of this Appendix], repay to the licensee any

funds deposited by said licensee.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 12, 40 Stat. 423; Mar. 28, 1918, ch.

28, Sec. 1, 40 Stat. 460.)

-MISC1-

AMENDMENTS

1918 - Act Mar. 28, 1918, required that property sold be sold at

public sale to American citizens, gave Custodian right to reject

bids, and made violations of sale regulations subject to fine or

imprisonment as misdemeanors.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-EXEC-

DELEGATION OF POWER

Ex. Ord. No. 6237-A, eff. July 30, 1933, provided:

"I hereby vest in the Alien Property Custodian, and in the event

of his death, resignation, absence, or disability, in the General

Counsel, and in the event of his death, resignation, absence, or

disability during his period of authority, then in the Director of

Finance and Accounts of the Office of the Alien Property Custodian,

all power and authority conferred upon me by the provisions of the

act approved October 6, 1917, known as the "Trading With the Enemy

Act," as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this

Appendix] pertaining to the deposit, transfer, and payment of

moneys, and interest which may have accrued thereon, which may be

or have been deposited with the Treasurer of the United States, and

to release and deliver property held under and by virtue of said

acts: Provided, however, That all claims which are required to be

submitted to the Attorney General and to the President, as provided

in Executive Order No. 4862 of April 23, 1928, shall continue to be

submitted to the Attorney General and to the President. Any order

of payment of money, and interest, which may be executed by said

officials shall constitute a ratification of all previous orders or

acts, by virtue of which the funds in the possession of the

Treasurer of the United States have been placed to the credit of

the particular trusts on which such orders are drawn. I hereby

revoke all former orders in conflict herewith."

Ex. Ord. No. 7894, eff. May 23, 1938, 3 F.R. 998 authorized and

directed "the Attorney General of the United States to exercise all

power and authority conferred upon the President by section 12 of

the said [Trading with the Enemy] act, as amended [section 12 of

this Appendix]."

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9, 26, 28 of this

Appendix; title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 13 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 13. Statements by masters of vessels and owners of cargoes

before granting clearances

-STATUTE-

During the present war, in addition to the facts required by

sections forty-one hundred and ninety-seven [46 App. U.S.C. 91],

forty-one hundred and ninety-eight,(!1) and forty-two hundred (!1)

of the Revised Statutes, as amended by the Act of June fifteenth,

nineteen hundred and seventeen, to be set out in the master's and

shipper's manifests before clearance will be issued to vessels

bound to foreign ports, the master or person in charge of any

vessel, before departure of such vessel from port, shall deliver to

the collector of customs of the district wherein such vessel is

located a statement duly verified by oath that the cargo is not

shipped or to be delivered in violation of this Act [sections 1 to

6, 7 to 39, and 41 to 44 of this Appendix], and the owners,

shippers, or consignors of the cargo of such vessels shall in like

manner deliver to the collector like statement under oath as to the

cargo or the parts thereof laden or shipped by them, respectively,

which statement shall contain also the names and addresses of the

actual consignees of the cargo, or if the shipment is made to a

bank or other broker, factor, or agent, the names and addresses of

the persons who are the actual consignees on whose account the

shipment is made. The master or person in control of the vessel

shall, on reaching port of destination of any of the cargo, deliver

a copy of the manifest and of the said master's, owner's shipper's,

or consignor's statement to the American consular officer of the

district in which the cargo is unladen.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 13, 40 Stat. 424.)

-REFTEXT-

REFERENCES IN TEXT

The amendment by act June 15, 1917, referred to in text, probably

means the amendment made by section 4 of title V of act June 15,

1917, ch. 30, 40 Stat. 222.

Section 4198 of the Revised Statutes, referred to in text, which

was classified to section 94 of former Title 46, Shipping, was

repealed by Pub. L. 103-182, title VI, Sec. 690(a)(8), Dec. 8,

1993, 107 Stat. 2223.

Section 4200 of the Revised Statutes, referred to in text, which

was classified to section 92 of former Title 46, was repealed by

Pub. L. 87-826, Sec. 3, Oct. 15, 1962, 76 Stat. 953.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished with such offices to be terminated not later than

Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30

F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5,

Government Organization and Employees. All functions of offices

eliminated were already vested in Secretary of the Treasury by

Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14 of this Appendix; title

28 section 2680.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 14 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 14. False manifest; refusal of clearance; reports of gold or

silver coin in cargoes for export

-STATUTE-

During the present war, whenever there is reasonable cause to

believe that the manifest or the additional statements under oath

required by the preceding section [section 13 of this Appendix] are

false or that any vessel, domestic or foreign, is about to carry

out of the United States any property to or for the account or

benefit of an enemy, or ally of enemy, or any property or person

whose export, taking out, or transport will be in violation of law,

the collector of customs for the district in which such vessel is

located is authorized and empowered subject to review by the

President to refuse clearance to any such vessel, domestic or

foreign, for which clearance is required by law, and by formal

notice served upon the owners, master, or person or persons in

command or charge of any domestic vessel for which clearance is not

required by law, to forbid the departure of such vessel from the

port, and it shall thereupon be unlawful for such vessel to depart.

The collector of customs shall, during the present war, in each

case report to the President the amount of gold or silver coin or

bullion or other moneys of the United States contained in any cargo

intended for export. Such report shall include the names and

addresses of the consignors and consignees, together with any facts

known to the collector with reference to such shipment and

particularly those which may indicate that such gold or silver coin

or bullion or moneys of the United States may be intended for

delivery or may be delivered, directly or indirectly, to an enemy

or an ally of enemy.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 14, 40 Stat. 424.)

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished with such offices to be terminated not later than

Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30

F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5,

Government Organization and Employees. All functions of offices

eliminated were already vested in Secretary of the Treasury by

Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 15 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 15. Omitted

-COD-

CODIFICATION

Section, act Oct. 6, 1917, ch. 106, Sec. 15, 40 Stat. 425, made

an appropriation of $450,000 for purpose of carrying out the Act

during fiscal year ending June 30, 1918.

-End-

-CITE-

50 USC APPENDIX Sec. 16 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 16. Offenses; punishment; forfeitures of property

-STATUTE-

(a) Whoever shall willfully violate any of the provisions of this

Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] or of

any license, rule, or regulation issued thereunder, and whoever

shall willfully violate, neglect, or refuse to comply with any

order of the President issued in compliance with the provisions of

the Act [said sections] shall, upon conviction, be fined not more

than $1,000,000, or if a natural person, be fined not more than

$100,000, or imprisoned for not more than ten years or both; and

the officer, director, or agent of any corporation who knowingly

participates in such violation shall, upon conviction, be fined not

more than $100,000 or imprisoned for not more than ten years or

both.

(b)(1) A civil penalty of not to exceed $50,000 may be imposed by

the Secretary of the Treasury on any person who violates any

license, order, rule, or regulation issued in compliance with the

provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix].

(2) Any property, funds, securities, papers, or other articles or

documents, or any vessel, together with its tackle, apparel,

furniture, and equipment, that is the subject of a violation under

paragraph (1) shall, at the direction of the Secretary of the

Treasury, be forfeited to the United States Government.

(3) The penalties provided under this subsection may be imposed

only on the record after opportunity for an agency hearing in

accordance with sections 554 through 557 of title 5, United States

Code, with the right to prehearing discovery.

(4) Judicial review of any penalty imposed under this subsection

may be had to the extent provided in section 702 of title 5, United

States Code.

(c) Upon conviction, any property, funds, securities, papers, or

other articles or documents, or any vessel, together with tackle,

apparel, furniture, and equipment, concerned in any violation of

subsection (a) may be forfeited to the United States.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 16, 40 Stat. 425; Pub. L. 95-223,

title I, Sec. 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L.

102-393, title VI, Sec. 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L.

102-484, div. A, title XVII, Sec. 1710(c), Oct. 23, 1992, 106 Stat.

2580; Pub. L. 104-114, title I, Sec. 102(d), Mar. 12, 1996, 110

Stat. 792.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-114, Sec. 102(d)(3)(A), made technical

amendment inserting section designation in original.

Subsec. (a). Pub. L. 104-114, Sec. 102(d)(3)(B), substituted

"participates" for "participants".

Subsec. (b). Pub. L. 104-114, Sec. 102(d)(1), amended subsec.

(b), as added by Pub. L. 102-484, generally. Prior to amendment,

subsec. (b) read as follows:

"(b)(1) The Secretary of the Treasury may impose a civil penalty

of not more than $50,000 on any person who violates any license,

order, rule, or regulation issued under this Act.

"(2) Any property, funds, securities, papers, or other articles

or documents, or any vessel, together with its tackle, apparel,

furniture, and equipment, that is the subject of a violation under

paragraph (1) shall, at the discretion of the Secretary of the

Treasury, be forfeited to the United States Government.

"(3) The penalties provided under this subsection may not be

imposed for -

"(A) news gathering, research, or the export or import of, or

transmission of, information or informational materials; or

"(B) clearly defined educational or religious activities, or

activities of recognized human rights organizations, that are

reasonably limited in frequency, duration, and number of

participants.

"(4) The penalties provided under this subsection may be imposed

only on the record after opportunity for an agency hearing in

accordance with sections 554 through 557 of title 5, United States

Code, with the right to prehearing discovery.

"(5) Judicial review of any penalty imposed under this subsection

may be had to the extent provided in section 702 of title 5, United

States Code."

Pub. L. 104-114, Sec. 102(d)(2), struck out subsec. (b), as added

by Pub. L. 102-393, which read as follows:

"(b)(1) A civil penalty of not to exceed $50,000 may be imposed

by the Secretary of the Treasury on any person who violates any

license, order, rule, or regulation issued in compliance with the

provisions of this Act.

"(2) The penalties provided under this subsection may not be

imposed for -

"(A) news gathering, research, or the export or import of, or

transmission of, information or informational materials; or

"(B) clearly defined educational or religious activities, or

activities of recognized human rights organizations, that are

reasonably limited in frequency, duration, and number of

participants."

1992 - Pub. L. 102-484, which directed substitution of "(a)

Whoever" for "That whoever" and addition of subsec. (b) at end, was

executed to reflect the probable intent of Congress in light of the

intervening general amendment by Pub. L. 102-393 (see below), by

adding subsec. (b) after subsec. (a).

Pub. L. 102-393 amended section generally, substituting subsecs.

(a) to (c) for former undesignated provisions which read as

follows: "Whoever shall willfully violate any of the provisions of

this Act or of any license, rule, or regulation issued thereunder,

and whoever shall willfully violate, neglect, or refuse to comply

with any order of the President issued in compliance with the

provisions of this Act shall, upon conviction, be fined not more

than $50,000, or, if a natural person, imprisoned for not more than

ten years, or both; and the officer, director, or agent of any

corporation who knowingly participates in such violation shall be

punished by a like fine, imprisonment, or both, and any property,

funds, securities, papers, or other articles or documents, or any

vessel, together with her tackle, apparel, furniture, and

equipment, concerned in such violation shall be forfeited to the

United States."

1977 - Pub. L. 95-223 substituted "$50,000" for "$10,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3, 4, 7 of this Appendix;

title 18 section 1956; title 22 sections 2778, 6009; title 28

section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 17 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 17. Rules by district courts; appeals

-STATUTE-

The district courts of the United States are given jurisdiction

to make and enter all such rules as to notice and otherwise, and

all such orders and decrees, and to issue such process as may be

necessary and proper in the premises to enforce the provisions of

this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix],

with a right of appeal from the final order or decree of such court

as provided in sections one hundred and twenty-eight and two

hundred and thirty-eight of the Act of March third, nineteen

hundred and eleven, entitled "An Act to codify, revise, and amend

the laws relating to the judiciary."

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 17, 40 Stat. 425.)

-REFTEXT-

REFERENCES IN TEXT

Sections one hundred and twenty-eight and two hundred and

thirty-eight of the Act of March third, nineteen hundred and

eleven, entitled "An Act to codify, revise, and amend the laws

relating to the judiciary", referred to in text, enacted sections

225 and 345 of former Title 28, Judicial Code and Judiciary,

respectively. Section 225 of former Title 28 was repealed by act

June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, and reenacted as

sections 1291, 1292, 1293, and 1294 of Title 28, Judiciary and

Judicial Procedure. Section 345 of former Title 28 was repealed by

act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 18 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 18. Jurisdiction of courts of Philippines and Canal Zone of

offenses

-STATUTE-

The several courts of first instance in the Philippine Islands

and the district court of the Canal Zone shall have jurisdiction of

offenses under this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix] committed within their respective districts, and

concurrent jurisdiction with the district courts of the United

States of offenses under this Act [said sections] committed upon

the high seas and of conspiracies to commit such offenses as

defined by section thirty-seven of the Act entitled "An Act to

codify, revise, and amend the penal laws of the United States,"

approved March fourth, nineteen hundred and nine, and the

provisions of such section for the purpose of this Act [said

sections] are extended to the Philippine Islands and to the Canal

Zone.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 18, 40 Stat. 425.)

-REFTEXT-

REFERENCES IN TEXT

Section thirty-seven of the Act entitled "An Act to codify,

revise, and amend the penal laws of the United States," approved

March fourth, nineteen hundred and nine, referred to in text,

enacted section 88 of former Title 18, Criminal Code and Criminal

Procedure, and was repealed by act June 25, 1948, ch. 645, Sec. 21,

62 Stat. 862, and reenacted as section 371 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-MISC1-

PHILIPPINE INDEPENDENCE

Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352,

issued pursuant to section 1394 of Title 22, Foreign Relations and

Intercourse, recognized the independence of the Philippine Islands

as of July 4, 1946, and is set out under that section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 19 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 19. Print, newspaper or publication in foreign languages

-STATUTE-

Ten days after the approval of this act [Oct. 6, 1917] and until

the end of the war, it shall be unlawful for any person, firm,

corporation, or association, to print, publish, or circulate, or

cause to be printed, published, or circulated in any foreign

language, any news item, editorial or other printed matter,

respecting the Government of the United States, or of any nation

engaged in the present war, its policies, international relations,

the state or conduct of the war, or any matter relating thereto:

Provided, That this section shall not apply to any print,

newspaper, or publication where the publisher or distributor

thereof, on or before offering the same for mailing, or in any

manner distributing it to the public, has filed with the postmaster

at the place of publication, in the form of an affidavit, a true

and complete translation of the entire article containing such

matter proposed to be published in such print, newspaper, or

publication, and has caused to be printed, in plain type in the

English language, at the head of each such item, editorial, or

other matter, on each copy of such print, newspaper, or

publication, the words "True translation filed with the postmaster

at ____ on ____ (naming the post office where the translation was

filed, and the date of filing thereof), as required by the Act of

____ (here giving the date of this Act [Oct. 6, 1917])."

Any print, newspaper, or publication in any foreign language

which does not conform to the provisions of this section is

declared to be nonmailable, and it shall be unlawful for any

person, firm, corporation, or association, to transport, carry, or

otherwise publish or distribute the same, or to transport, carry or

otherwise publish or distribute any matter which is made

nonmailable by the provisions of the Act relating to espionage,

approved June fifteenth, nineteen hundred and seventeen: Provided,

further, That upon evidence satisfactory to him that any print,

newspaper, or publication, printed in a foreign language may be

printed, published, and distributed free from the foregoing

restrictions and conditions without detriment to the United States

in the conduct of the present war, the President may cause to be

issued to the printers or publishers of such print, newspaper, or

publication, a permit to print, publish, and circulate the issue or

issues of their print, newspaper, or publication, free from such

restrictions and requirements, such permits to be subject to

revocation at his discretion. And the Postmaster General (!1) shall

cause copies of all such permits and revocations of permits to be

furnished to the postmaster of the post office serving the place

from which the print, newspaper, or publication, granted the permit

is to emanate. All matter printed, published and distributed under

permits shall bear at the head thereof in plain type in the English

language, the words, "Published and distributed under permit

authorized by the Act of ____ (here giving date of this Act [Oct.

6, 1917]), on file at the post office of ____ (giving name of

office)."

Any person who shall make an affidavit containing any false

statement in connection with the translation provided for in this

section shall be guilty of the crime of perjury and subject to the

punishment provided therefor by section one hundred and twenty-five

of the Act of March fourth, nineteen hundred and nine, entitled "An

Act to codify, revise, and amend the penal laws of the United

States," and any person, firm, corporation, or association,

violating any other requirement of this section shall, on

conviction thereof, be punished by a fine of not more than $500, or

by imprisonment of not more than one year, or, in the discretion of

the court, may be both fined and imprisoned.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 19, 40 Stat. 425.)

-REFTEXT-

REFERENCES IN TEXT

Provision of the Act relating to espionage approved June

fifteenth, nineteen hundred and seventeen, referred to in text,

means act June 15, 1917, ch. 30, title I, Secs. 1-8, 40 Stat. 217,

as amended, which enacted sections 31 to 38 of Title 50, War and

National Defense, and which was repealed by act June 25, 1948, ch.

645, Sec. 21, 62 Stat. 862, and reenacted as sections 792 to 794

and 2388 of Title 18, Crimes and Criminal Procedure.

Section one hundred and twenty-five of the Act of March fourth,

nineteen hundred and nine, entitled "An Act to codify, revise, and

amend the penal laws of the United States", referred to in text,

enacted section 231 of former Title 18, Criminal Code and Criminal

Procedure, was repealed by act June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, and reenacted as section 1621 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Postmaster General of Post Office Department abolished

and functions, powers, and duties of Postmaster General transferred

to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug.

12, 1970, 84 Stat. 773, set out as a note under section 201 of

Title 39, Postal Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 20 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 20. Fees of agents, attorneys, or representatives

-STATUTE-

No property or interest or proceeds shall be returned under this

Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], nor

shall any payment be made or judgment awarded in respect of any

property or interest vested in or transferred to any officer or

agency of the United States under this Act [said sections] unless

satisfactory evidence is furnished to the President or such officer

or agency as he may designate, or the court, as the case may be,

that the aggregate of the fees to be paid to all agents, attorneys

at law or in fact, or representatives, for services rendered in

connection with such return or payment or judgment does not exceed

10 per centum of the value of such property or interest or proceeds

or of such payment. Any agent, attorney at law or in fact, or

representative, believing that the aggregate of the fees should be

in excess of such 10 per centum may in the case of any return of,

or the making of any payment in respect of, such property or

interest or proceeds by the President or such officer or agency as

he may designate, petition the district court of the United States

for the district in which he resides for an order authorizing fees

in excess of 10 per centum and shall name such officer or agency as

respondent. The court hearing such petition, or a court awarding

any judgment in respect of any such property or interest or

proceeds, as the case may be, shall approve an aggregate of fees in

excess of 10 per centum of the value of such property or interest

or proceeds only upon a finding that there exist special

circumstances of unusual hardship which require the payment of such

excess. Any person accepting any fee in excess of an amount

approved hereunder, or retaining for more than thirty days any

portion of a fee, accepted prior to approval hereunder, in excess

of the fee as approved, shall be guilty of a violation of this Act

[said sections].

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 20, as added Mar. 4, 1923, ch. 285,

Sec. 2, 42 Stat. 1515; amended Mar. 10, 1928, ch. 167, Sec. 9(c),

45 Stat. 267; Mar. 8, 1946, ch. 83, Sec. 2, 60 Stat. 54; June 25,

1956, ch. 436, 70 Stat. 331.)

-MISC1-

AMENDMENTS

1956 - Act June 25, 1956, struck out provisions which required a

schedule of fees to be furnished to, and approved by, the President

or such officer or agency as he designated, and which permitted

approval of such schedule of fees only upon a determination that

the individual fees did not exceed fair compensation for services

rendered.

1946 - Act Mar. 8, 1946, raised limitation of fees from 3 per

centum of amount involved to 10 per centum.

1928 - Act Mar. 10, 1928, inserted "at law or in fact" after

"attorney" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-EXEC-

EX. ORD. NO. 9725. ADMINISTRATION OF POWERS AND AUTHORITY OF

PRESIDENT BY ALIEN PROPERTY CUSTODIAN

Ex. Ord. No. 9725, May 16, 1946, 11 F.R. 5381, provided:

The Alien Property Custodian is designated as the officer to

administer the powers and authority conferred upon the President by

section 20 of the Trading with the Enemy Act, as amended by Public

Law 322, 79th Congress, approved March 8, 1946 [this section], and

by section 32 of the said act, as added by the said Public Law 322

[section 32 of this Appendix].

The Alien Property Custodian may delegate to officers and

employees of the Office of Alien Property Custodian such functions

as he may deem necessary to carry out the provisions of this order.

This order shall not be construed as revoking or limiting any

power or authority heretofore delegated to the Alien Property

Custodian.

Harry S. Truman.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 21 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 21. Claims of naturalized citizens as affected by expatriation

-STATUTE-

The claim of any naturalized American citizen under the

provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix] shall not be denied on the ground of any presumption

of expatriation which has arisen against him, under the second

sentence of section 2 of the Act entitled "An Act in reference to

the expatriation of citizens and their protection abroad," approved

March 2, 1907, if he shall give satisfactory evidence to the

President, or the court, as the case may be, of his uninterrupted

loyalty to the United States during his absence, and that he has

returned to the United States, or that he, although desiring to

return, has been prevented from so returning by circumstances

beyond his control.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 21, as added Mar. 4, 1923, ch. 285,

Sec. 2, 42 Stat. 1516.)

-REFTEXT-

REFERENCES IN TEXT

The second sentence of section 2 of the Act entitled "An Act in

reference to the expatriation of citizens and their protection

abroad," approved March 2, 1907, referred to in text, is the second

sentence of section 2 of act Mar. 2, 1907, ch. 2534, 34 Stat. 1228,

which was classified to section 17 of Title 8, Aliens and

Nationality, and which was repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 22 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 22. Fugitives from justice barred from recovery

-STATUTE-

No person shall be entitled to the return of any property or

money under any provision of this Act [sections 1 to 6, 7 to 39,

and 41 to 44 of this Appendix], or any amendment of this Act [said

sections], who is a fugitive from justice of the United States or

any State or Territory thereof, or the District of Columbia.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 22, as added Mar. 4, 1923, ch. 285,

Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 16, 45

Stat. 275.)

-MISC1-

AMENDMENTS

1928 - Act Mar. 10, 1928, inserted "or any amendment of this Act"

after "any provision of this Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 23 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 23. Payment of income, etc., by Alien Property Custodian

-STATUTE-

The Alien Property Custodian is directed to pay to the person

entitled thereto, from and after March 4, 1923, the net income

(including dividends, interest, annuities, and other earnings),

accruing and collected thereafter, in respect of any money or

property held in trust for such person by the Alien Property

Custodian or by the Treasurer of the United States for the account

of the Alien Property Custodian, under such rules and regulations

as the President may prescribe.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 23, as added Mar. 4, 1923, ch. 285,

Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 17, 45

Stat. 275.)

-MISC1-

AMENDMENTS

1928 - Act Mar. 10, 1928, struck out restriction that no person

be paid any amount over $10,000 per annum.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 24 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 24. Payment of taxes and expenses by Alien Property Custodian

-STATUTE-

(a) The Alien Property Custodian is authorized to pay all taxes

(including special assessments), heretofore or hereafter lawfully

assessed by any body politic against any money or other property

held by him or by the Treasurer of the United States under this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], and to

pay the necessary expenses incurred by him or by any depositary for

him in securing the possession, collection, or control of any such

money or other property, or in protecting or administering the

same. Such taxes and expenses shall be paid out of the money or

other property against which such taxes are assessed or in respect

of which such expenses are incurred, or (if such money or other

property is insufficient) out of any other money or property held

for the same person, notwithstanding the fact that a claim may have

been filed or suit instituted under this Act [said sections]. No

claim shall be filed with the Alien Property Custodian or allowed

by him or by the President of the United States, nor shall any suit

be instituted or maintained against the Alien Property Custodian or

the Treasurer of the United States, or the United States, under any

provisions of law, by any person who was an enemy or ally of enemy

as defined in the Trading with the Enemy Act, as amended [said

sections], and no allowance of any such claim now pending shall be

made, nor judgment entered in any such suit heretofore or hereafter

instituted, for the recovery of any deduction or deductions,

heretofore or hereafter made by the Alien Property Custodian from

money or properties, or income therefrom, held by him or by the

Treasurer of the United States hereunder, for the general or

administrative expenses of the office of the Alien Property

Custodian, which deduction or deductions on the collection of any

income do not exceed the sum of two per centum of such income or

which on the return of any moneys or properties or income

therefrom, do not exceed the sum of two per centum of the aggregate

value thereof at the time or times as nearly as may be, of such

deduction or deductions, or, for the recovery of any deduction or

deductions heretofore or hereafter made by the Alien Property

Custodian from money or properties or income therefrom held by him

or by the Treasurer of the United States hereunder, for any and all

necessary expenses incurred and actually disbursed by the Alien

Property Custodian or by any depositary for him in securing the

possession, collection or control of any such money or properties

or income therefrom, or in protecting or administering the same, as

said general or administrative and other expenses and said

aggregate value of returned money or properties or income therefrom

have been heretofore or shall be hereafter determined by said Alien

Property Custodian.

(b) In the case of income, war-profits, excess-profits, or estate

taxes imposed by any Act of Congress, the amount thereof shall,

under regulations prescribed by the Commissioner of Internal

Revenue with the approval of the Secretary of the Treasury, be

computed in the same manner (except as hereinafter in this section

provided) as though the money or other property had not been seized

by or paid to the Alien Property Custodian, and shall be paid as

far as practicable, in accordance with subsection (a) of this

section. Pending final determination of the tax liability the Alien

Property Custodian is authorized to return, in accordance with the

provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix], money or other property in any trust in such

amounts as may be determined, under regulations prescribed by the

Commissioner of Internal Revenue with the approval of the Secretary

of the Treasury, to be consistent with the prompt payment of the

full amount of the internal-revenue taxes. Notwithstanding the

expiration of any period of limitation provided by law, credit or

refund of any income, war-profits, or excess-profits tax

erroneously or illegally assessed or collected may be made or

allowed if claim therefor was filed with the Commissioner of

Internal Revenue by the Alien Property Custodian on or before

February 15, 1933.

(c) So much of the net income of a taxpayer for the taxable year

1917, or any succeeding taxable year, as represents the gain

derived from the sale or exchange by the Alien Property Custodian

of any property conveyed, transferred, assigned, delivered, or paid

to him, or seized by him, may at the option of the taxpayer be

segregated from the net income and separately taxed at the rate of

30 per centum. This subsection shall be applied and the amount of

net income to be so segregated shall be determined, under

regulations prescribed by the Commissioner of Internal Revenue with

the approval of the Secretary of the Treasury, as nearly as may be

in the same manner as provided in section 208 of the Revenue Act of

1926 (relating to capital net gains), but without regard to the

period for which the property was held by the Alien Property

Custodian before its sale or exchange, and whether or not the

taxpayer is an individual.

(d) Any property sold or exchanged by the Alien Property

Custodian (whether before or after the date of the enactment of the

Settlement of War Claims Act of 1928 [Mar. 10, 1928]) shall be

considered as having been compulsorily or involuntarily converted,

within the meaning of the income, excess-profits, and war-profits

tax laws and regulations; and the provisions of such laws and

regulations relating to such a conversion shall (under regulations

prescribed by the Commissioner of Internal Revenue with the

approval of the Secretary of the Treasury) apply in the case of the

proceeds of such sale or exchange. For the purpose of determining

whether the proceeds of such conversion have been expended within

such time as will entitle the taxpayer to the benefits of such laws

and regulations relating to such a conversion, the date of the

return of the proceeds to the person entitled thereto shall be

considered as the date of the conversion.

(e) In case of any internal-revenue tax imposed in respect of

property conveyed, transferred, assigned, delivered, or paid to the

Alien Property Custodian, or seized by him, and imposed in respect

of any period (in the taxable year 1917 or any succeeding taxable

year) during which such property was held by him or by the

Treasurer of the United States, no interest or civil penalty shall

be assessed upon, collected from, or paid by or on behalf of, the

taxpayer; nor shall any interest be credited or paid to the

taxpayer in respect of any credit or refund allowed or made in

respect of such tax.

(f) The benefits of subsections (c), (d), and (e) shall be

extended to the taxpayer if claim therefor is filed before the

expiration of the period of limitations properly applicable

thereto, or before the expiration of six months after the date of

the enactment of the Settlement of War Claims Act of 1928 [Mar. 10,

1928], whichever date is the later. The benefits of subsection (d)

shall also be extended to the taxpayer if claim therefor is filed

before the expiration of six months after the return of the

proceeds.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 24, as added Mar. 4, 1923, ch. 285,

Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 18, 45

Stat. 276, 277; Mar. 28, 1934, ch. 102, title I, Sec. 1, 48 Stat.

510; June 18, 1934, ch. 567, 48 Stat. 978.)

-REFTEXT-

REFERENCES IN TEXT

Section 208 of the Revenue Act of 1926 (relating to capital net

gains), referred to in subsec. (c), is act Feb. 26, 1926, ch. 27,

Sec. 208, 44 Stat. 19, which enacted section 939 of former Title

26, Internal Revenue, prior to its repeal by act May 29, 1928, ch.

852, Sec. 63, 45 Stat. 810. See section 1201 et seq. of Title 26,

Internal Revenue Code.

-MISC1-

PRIOR PROVISIONS

Provisions similar to subdivision (a) of this section was

contained in the sundry civil appropriation act for the fiscal year

1919, act July 1, 1918, ch. 113, 40 Stat. 646.

AMENDMENTS

1934 - Subsec. (a). Act Mar. 28, 1934, inserted provisions

relating to recovery by enemies of deductions made by Alien

Property Custodian for administrative expenses.

Subsec. (b). Act June 18, 1934, provided that credit or refund of

income or war profits erroneously collected might be allowed if

claim was filed on or before Feb. 15, 1933.

1928 - Subsecs. (b) to (f). Act Mar. 10, 1928, designated

existing provisions as subsec. (a) and added subsecs. (b) to (f).

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment of Office of Alien Property Custodian during

World War II, see notes set out under section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 25 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 25. Investments by Custodian in participating certificates

issued by Secretary of the Treasury; transfers to and payments

from German, Austrian or Hungarian special deposit accounts;

allocation of payments

-STATUTE-

(a)(1) The Alien Property Custodian is authorized and directed to

invest, from time to time upon the request of the Secretary of the

Treasury, out of the funds held by the Alien Property Custodian or

by the Treasurer of the United States for the Alien Property

Custodian, an amount not to exceed $40,000,000 in the aggregate, in

one or more participating certificates issued by the Secretary of

the Treasury in accordance with the provisions of this section.

(2) When in the case of any trust written consent under

subsection (m) of section 9 [section 9(m) of this Appendix] has

been filed, an amount equal to the portion of such trust the return

of which is temporarily postponed under such subsection shall be

credited against the investment made under paragraph (1) of this

subsection. If the total amount so credited is in excess of the

amount invested under paragraph (1) of this subsection, the excess

shall be invested by the Alien Property Custodian in accordance

with the provisions of this subsection, without regard to the

$40,000,000 limitation in paragraph (1). If the amount invested

under paragraph (1) of this subsection is in excess of the total

amount so credited, such excess shall, from time to time on request

of the Alien Property Custodian, be paid to him out of the funds in

the German special deposit account created by section 4 of the

Settlement of War Claims Act of 1928, and such payments shall have

priority over any payments therefrom other than the payments under

paragraph (1) of subsection (c) of such section (relating to

expenses of administration).

(b) The Alien Property Custodian is authorized and directed to

invest, in one or more participating certificates issued by the

Secretary of the Treasury, out of the unallocated interest fund, as

defined in section 28 [section 28 of this Appendix] -

(1) The sum of $25,000,000. If, after the allocation under

section 26 [section 26 of this Appendix] has been made, the amount

of the unallocated interest fund allocated to the trust described

in subsection (c) of such section is found to be in excess of

$25,000,000, such excess shall be invested by the Alien Property

Custodian in accordance with the provisions of this subsection. If

the amount so allocated is found to be less than $25,000,000 any

participating certificate or certificates that have been issued

shall be corrected accordingly; and

(2) The balance of such unallocated interest fund remaining after

the investment provided for in paragraph (1) and the payment of

allocated earnings in accordance with the provisions of subsection

(b) of section 26 [section 26(b) of this Appendix] have been made.

(c) If the amount of such unallocated interest fund, remaining

after the investment required by paragraph (1) of subsection (b) of

this section has been made, is insufficient to pay the allocated

earnings in accordance with subsection (b) of section 26 [section

26(b) of this Appendix], then the amount necessary to make up the

deficiency shall be paid out of the funds in the German special

deposit account created by section 4 of the Settlement of War

Claims Act of 1928, and such payment shall have priority over any

payments therefrom other than the payments under paragraph (1) of

subsection (c) of such section (relating to expenses of

administration) and the payments under paragraph (2) of subsection

(a) of this section.

(d) The Alien Property Custodian is authorized and directed

(after the payment of debts under section 9 [section 9 of this

Appendix]) to transfer to the Secretary of the Treasury, for

deposit in such special deposit account, all money and the proceeds

of all property, including all income, dividends, interest,

annuities, and earnings accumulated in respect thereof, owned by

the German Government or any member of the former ruling family.

All money and other property shall be held to be owned by the

German Government (1) if no claim thereto has been filed with the

Alien Property Custodian prior to the expiration of three years

from the date of the enactment of the Settlement of War Claims Act

of 1928 [Mar. 10, 1928], or (2) if any claim has been filed before

the expiration of such period (whether before or after the

enactment of such Act), then if the ownership thereof under any

such claim is not established by a decision of the Alien Property

Custodian or by suit in court instituted, under section 9 [section

9 of this Appendix], within one year after the decision of the

Alien Property Custodian, or after the date of the enactment of the

Settlement of War Claims Act of 1928, whichever date is later. The

amounts so transferred under this subsection shall be credited upon

the final payment due the United States from the German Government

on account of the awards of the Mixed Claims Commission.

(e) The Secretary of the Treasury is authorized and directed to

issue to the Alien Property Custodian, upon such terms and

conditions and under such regulations as the Secretary of the

Treasury may prescribe, one or more participating certificates,

bearing interest payable annually (as nearly as may be) at the rate

of 5 per centum per annum, as evidence of the investment by the

Alien Property Custodian under subsection (a), and one or more

non-interest bearing participating certificates, as evidence of the

investment by the Alien Property Custodian under subsection (b).

All such certificates shall evidence a participating interest, in

accordance with, and subject to the priorities of, the provisions

of section 4 of the Settlement of War Claims Act of 1928, in the

funds in the German special deposit account created by such

section, except that -

(1) The United States shall assume no liability, directly or

indirectly, for the payment of any such certificates, or of the

interest thereon, except out of funds in such special deposit

account available therefor, and all such certificates shall so

state on their face; and

(2) Such certificates shall not be transferable, except that the

Alien Property Custodian may transfer any such participating

certificate evidencing the interest of a substantial number of the

owners of the money invested, to a trustee duly appointed by such

owners.

(f) Any amount of principal or interest paid to the Alien

Property Custodian in accordance with the provisions of subsection

(c) of section 4 of the Settlement of War Claims Act of 1928 shall

be allocated pro rata among the persons filing written consents

under subsection (m) of section 9 of this Act [section 9(m) of this

Appendix], and the amounts so allocated shall be paid to such

persons. If any person to whom any amount is payable under this

subsection has died (or if, in the case of a partnership,

association, or other unincorporated body of individuals, or a

corporation, its existence has terminated), payment shall be made

to the persons determined by the Alien Property Custodian to be

entitled thereto.

(g) The Alien Property Custodian is authorized and directed

(after the payment of debts under section 9 [section 9 of this

Appendix]) to transfer to the Secretary of the Treasury, for

deposit in the special deposit account (Austrian or Hungarian, as

the case may be), created by section 7 of the Settlement of War

Claims Act of 1928, all money and the proceeds of all property,

including all income, dividends, interest, annuities, and earnings

accumulated in respect thereof, owned by the Austrian Government or

any corporation all the stock of which was owned by or on behalf of

the Austrian Government (including the property of the Imperial

Royal Tobacco Monopoly, also known under the name of K. K.

Oesterreichische Tabak Regie), or owned by the Hungarian Government

or by any corporation all the stock of which was owned by or on

behalf of the Hungarian Government.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 25, as added Mar. 10, 1928, ch. 167,

Sec. 10, 45 Stat. 268; amended Feb. 21, 1929, ch. 291, 45 Stat.

1255; Mar. 10, 1930, ch. 75, Sec. 2, 46 Stat. 84.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Settlement of War Claims Act of 1928, referred

to in subsecs. (a)(2), (c), (e), and (f), is section 4 of act Mar.

10, 1928, ch. 167, 45 Stat. 254, which is not classified to the

Code.

Section 7 of the Settlement of War Claims Act of 1928, referred

to in subsec. (g), is section 7 of act Mar. 10, 1928, ch. 167, 45

Stat. 254, which is not classified to the Code.

-MISC1-

AMENDMENTS

1930 - Subsec. (d)(1). Act Mar. 10, 1930, substituted "three

years" for "two years".

1929 - Subsec. (d)(1). Act Feb. 21, 1929, substituted "two years"

for "one year".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment of Office of Alien Property Custodian during

World War II, see notes set out under section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 26, 29 of this Appendix;

title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 26 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 26. Allocation of "unallocated interest fund"

-STATUTE-

(a) The Alien Property Custodian shall allocate among the various

trusts the funds in the "unallocated interest fund" (as defined in

section 28 [section 28 of this Appendix]). Such allocation shall be

based upon the earnings (determined by the Secretary of the

Treasury) on the total amounts deposited under section 12 [section

12 of this Appendix].

(b) The Alien Property Custodian, when the allocation has been

made, is authorized and directed to pay to each person entitled, in

accordance with a final decision of a court of the United States or

of the District of Columbia, or of an opinion of the Attorney

General, to the distribution of any portion of such unallocated

interest fund, the amount allocated to his trust, except as

provided in subsection (c) of this section.

(c) In the case of persons entitled, under paragraph (12), (13),

(14), or (16) of subsection (b) of section 9 [section 9(b)(12),

(13), (14), or (16) of this Appendix], to such return, and in the

case of persons who would be entitled to such return thereunder if

all such money or property had not been returned under paragraph

(9) or (10) of such subsection [section 9(b)(9) or (10) of this

Appendix], and in the case of persons entitled to such return under

subsection (n) of section 9 [section 9(n) of this Appendix], an

amount equal to the aggregate amount allocated to their trusts

shall be credited against the sum of $25,000,000 invested in

participating certificates under paragraph (1) of subsection (b) of

section 25 [section 25(b)(1) of this Appendix]. If the aggregate

amount so allocated is in excess of $25,000,000, an amount equal to

the excess shall be invested in the same manner. Upon the repayment

of any of the amounts so invested, under the provisions of section

4 of the Settlement of War Claims Act of 1928, the amount so repaid

shall be distributed pro rata among such persons, notwithstanding

any receipts or releases given by them.

(d) The unallocated interest fund shall be available for carrying

out the provisions of this section, including the expenses of

making the allocation.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 26, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 273; amended June 11, 1929, ch. 14, 46 Stat. 6.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Settlement of War Claims Act of 1928, referred

to in subsec. (c), is section 4 of act Mar. 10, 1928, ch. 167, 45

Stat. 254, which is not classified to the Code.

-MISC1-

AMENDMENTS

1929 - Subsec. (a). Act June 11, 1929, struck out "average rate

of" before "earnings" in second sentence.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 25 of this Appendix; title

28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 27 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 27. Return by Custodian, to United States, of payments under

licenses, assignments or sales of patents

-STATUTE-

The Alien Property Custodian is authorized and directed to return

to the United States any consideration paid to him by the United

States under any license, assignment, or sale by the Alien Property

Custodian to the United States of any patent (or any right therein

or claim thereto, and including an application therefor and any

patent issued pursuant to any such application).

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 27, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 274.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 28 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 28. "Unallocated interest fund" defined

-STATUTE-

As used in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix], the term "unallocated interest fund" means the sum

of (1) the earnings and profits accumulated prior to March 4, 1923,

and attributable to investments and reinvestments under section 12

[section 12 of this Appendix] by the Secretary of the Treasury,

plus (2) the earnings and profits accumulated on or after March 4,

1923, in respect of the earnings and profits referred to in clause

(1) of this section.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 28, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 274.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 25, 26 of this Appendix;

title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 29 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 29. Waiver by Custodian of demand for property; acceptance of

less amount; approval of Attorney General

-STATUTE-

(a) Where the Alien Property Custodian has made demand or

requirement for the conveyance, transfer, assignment, delivery, or

payment to him of any money or other property of any enemy or ally

of enemy (whether or not suit or proceeding for the enforcement

thereof has been begun and whether or not any judgment or decree in

respect thereof has been made or entered) and where the whole or

any part of such money or other property would, if conveyed,

transferred, assigned, delivered, or paid to him, be returnable

under any provision of this Act [sections 1 to 6, 7 to 39, and 41

to 44 of this Appendix], the Alien Property Custodian may, in his

discretion, and on such terms and conditions as he may prescribe,

waive such demand or requirement, or accept in full satisfaction of

such demand, requirement, judgment, or decree, a less amount than

that demanded or required by him.

(b) The Alien Property Custodian shall not make any such waiver

or compromise except with the approval of the Attorney General; nor

(if any part of such money or property would be returnable only

upon the filing of the written consent required by subsection (m)

of section 9 [section 9(m) of this Appendix]) unless, after

compliance with the terms and conditions of such waiver or

compromise, the Alien Property Custodian or the Treasurer of the

United States will hold (in respect of such enemy or ally of enemy)

for investment as provided in section 25 [section 25 of this

Appendix], an amount equal to 20 per centum of the sum of (1) the

value of the money or other property held by the Alien Property

Custodian or the Treasurer of the United States at the time of such

waiver or compromise, plus (2) the value of the money or other

property to which the Alien Property Custodian would be entitled

under such demand or requirement if the waiver or compromise had

not been made.

(c) Where the Alien Property Custodian has made demand or

requirement for the conveyance, transfer, assignment, delivery, or

payment to him of any money or other property of any enemy or ally

of enemy (whether or not suit or proceeding for the enforcement

thereof has been begun and whether or not any judgment or decree in

respect thereof has been made or entered) and where the interest or

right of such enemy or ally of enemy in such money or property has

not, prior to the enactment of the Settlement of War Claims Act of

1928 [Mar. 10, 1928], vested in enjoyment, the Alien Property

Custodian may, in his discretion, and on such terms and conditions

as he may prescribe, waive such demand and requirement, without

compliance with the requirements of subsection (b) of this section,

but only with the approval of the Attorney General.

(d) Nothing in this section shall be construed as requiring the

Alien Property Custodian to make any waiver or compromise

authorized by this section, and the Alien Property Custodian may

proceed in respect of any demand or requirement referred to in

subsection (a) or (c) as if this section had not been enacted.

(e) All money or other property received by the Alien Property

Custodian as a result of any action or proceeding (whether begun

before or after the enactment of the Settlement of War Claims Act

of 1928 [Mar. 10, 1928], and whether or not for the enforcement of

a demand or requirement as above specified) shall for the purposes

of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this

Appendix] be considered as forming a part of the trust in respect

of which such action or proceeding was brought, and shall be

subject to return in the same manner and upon the same conditions

as any other money or property in such trust, except as otherwise

provided in subsection (b) of this section.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 29, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 274.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 30 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 30. Attachment or garnishment of funds or property held by

Custodian

-STATUTE-

Any money or other property returnable under subsection (b) or

(n) of section 9 [section 9(b) or (n) of this Appendix] shall, at

any time prior to such return, be subject to attachment in

accordance with the provisions of the code of law for the District

of Columbia, as amended, relating to attachments in suits at law

and to attachments for the enforcement of judgments at law and

decrees in equity, but any writ of attachment or garnishment

issuing in any such suit, or for the enforcement of any judgment or

decree, shall be served only upon the Alien Property Custodian, who

shall for the purposes of this section be considered as holding

credits in favor of the person entitled to such return to the

extent of the value of the money or other property so returnable.

Nothing in this section shall be construed as authorizing the

taking of actual possession, by any officer of any court, of any

money or other property held by the Alien Property Custodian or by

the Treasurer of the United States.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 30, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 275.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC1-

WORLD WAR II ALIEN PROPERTY CUSTODIAN

Reestablishment and termination of Office of Alien Property

Custodian during World War II, see notes set out under section 6 of

this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 31 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 31. "Member of the former ruling family" defined

-STATUTE-

As used in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix], the term "member of the former ruling family" means

(1) any person who was at any time between April 6, 1917, and July

2, 1921, the German Emperor or the ruler of any constituent kingdom

of the German Empire, or (2) the wife or any child of such person.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 31, as added Mar. 10, 1928, ch. 167,

Sec. 15, 45 Stat. 275.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2680.

-End-

-CITE-

50 USC APPENDIX Sec. 32 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 32. Return of property

-STATUTE-

(a) Conditions precedent

The President, or such officer or agency as he may designate, may

return any property or interest vested in or transferred to the

Alien Property Custodian (other than any property or interest

acquired by the United States prior to December 18, 1941), or the

net proceeds thereof, whenever the President or such officer or

agency shall determine -

(1) that the person who has filed a notice of claim for return,

in such form as the President or such officer or agency may

prescribe, was the owner of such property or interest immediately

prior to its vesting in or transfer to the Alien Property

Custodian, or is the legal representative (whether or not

appointed by a court in the United States), or successor in

interest by inheritance, devise, bequest, or operation of law, of

such owner; and

(2) that such owner, and legal representative or successor in

interest, if any, are not -

(A) the Government of Germany, Japan, Bulgaria, Hungary, or

Rumania; or

(B) a corporation or association organized under the laws of

such nation: Provided, That any property or interest or

proceeds which, but for the provisions of this subdivision (B),

might be returned under this section to any such corporation or

association, may be returned to the owner or owners of all the

stock of such corporation or of all the proprietary and

beneficial interest in such association, if their ownership of

such stock or proprietary and beneficial interest existed

immediately prior to vesting in or transfer to the Alien

Property Custodian and continuously thereafter to the date of

such return (without regard to purported divestments or

limitations of such ownership by any government referred to in

subdivision (A) hereof) and if such ownership was by one or

more citizens of the United States or by one or more

corporations organized under the laws of the United States or

any State, Territory, or possession thereof, or the District of

Columbia: Provided further, That such owner or owners shall

succeed to those obligations limited in aggregate amount to the

value of such property or interest or proceeds, which are

lawfully assertible against the corporation or association by

persons not ineligible to receive a return under this section;

or

(C) an individual voluntarily resident at any time since

December 7, 1941, within the territory of such nation, other

than a citizen of the United States or a diplomatic or consular

officer of Italy or of any nation with which the United States

has not at any time since December 7, 1941, been at war:

Provided, That an individual who, while in the territory of a

nation with which the United States has at any time since

December 7, 1941, been at war, was deprived of life or

substantially deprived of liberty pursuant to any law, decree,

or regulation of such nation discriminating against political,

racial, or religious groups, shall not be deemed to have

voluntarily resided in such territory; or

(D) an individual who was at any time after December 7, 1941,

a citizen or subject of Germany, Japan, Bulgaria, Hungary, or

Rumania, and who on or after December 7, 1941, and prior to the

date of the enactment of this section [Mar. 8, 1946], was

present (other than in the service of the United States) in the

territory of such nation or in any territory occupied by the

military or naval forces thereof or engaged in any business in

any such territory: Provided, That notwithstanding the

provisions of this subdivision (D) return may be made to an

individual who, as a consequence of any law, decree, or

regulation of the nation of which he was then a citizen or

subject, discriminating against political, racial, or religious

groups, has at no time between December 7, 1941, and the time

when such law, decree, or regulation was abrogated, enjoyed

full rights of citizenship under the law of such nation: And

provided further, That, notwithstanding the provisions of

subdivision (C) hereof and of this subdivision (D), return may

be made to an individual who at all times since December 7,

1941, was a citizen of the United States, or to an individual

who, having lost United States citizenship solely by reason of

marriage to a citizen or subject of a foreign country,

reacquired such citizenship prior to September 29, 1950, if

such individual would have been a citizen of the United States

at all times since December 7, 1941, but for such marriage: And

provided further, That the aggregate book value of returns made

pursuant to the foregoing proviso shall not exceed $9,000,000;

and any return under such proviso may be made if the book value

of any such return, taken together with the aggregate book

value of returns already made under such proviso does not

exceed $9,000,000; and for the purposes of this proviso the

term "book value" means the value, as of the time of vesting,

entered on the books of the Alien Property Custodian for the

purpose of accounting for the property or interest involved; or

(E) a foreign corporation or association which at any time

after December 7, 1941, was controlled or 50 per centum or more

of the stock of which was owned by any person or persons

ineligible to receive a return under subdivisions (A), (B),

(C), or (D) hereof: Provided, That notwithstanding the

provisions of this subdivision (E) return may be made to a

corporation or association so controlled or owned, if such

corporation or association was organized under the laws of a

nation any of whose territory was occupied by the military or

naval forces of any nation with which the United Stats has at

any time since December 7, 1941, been at war, and if such

control or ownership arose after March 1, 1938, as an incident

to such occupation and was terminated prior to the enactment of

this section [Mar. 8, 1946];

and

(3) that the property or interest claimed, or the net proceeds

of which are claimed, was not at any time after September 1,

1939, held or used, by or with the assent of the person who was

the owner thereof immediately prior to vesting in or transfer to

the Alien Property Custodian, pursuant to any arrangement to

conceal any property or interest within the United States of any

person ineligible to receive a return under subsection (a)(2)

hereof;

(4) that the Alien Property Custodian has no actual or

potential liability under the Renegotiation Act [section 1191 of

this Appendix] or the Act of October 31, 1942 (56 Stat. 1013; 35

U.S.C. Secs. 89 to 96), in respect of the property or interest or

proceeds to be returned and that the claimant and his predecessor

in interest, if any, have no actual or potential liability of any

kind under the Renegotiation Act or the said Act of October 31,

1942; or in the alternative that the claimant has provided

security or undertakings adequate to assure satisfaction of all

such liabilities or that property or interest or proceeds to be

retained by the Alien Property Custodian are adequate therefor;

and

(5) that such return is in the interest of the United States.

(b) Extension of filing time limitation for redetermination of

excessive profits

Notwithstanding the limitation prescribed in the Renegotiation

Act [section 1191 of this Appendix] upon the time within which

petitions may be filed in The Tax Court of the United States,(!1)

any person to whom any property or interest or proceeds are

returned hereunder shall, for a period of ninety days (not counting

Sunday or a legal holiday in the District of Columbia as the last

day) following return, have the right to file such a petition for a

redetermination in respect of any final order of the Renegotiation

Board (!2) determining excessive profits, made against the Alien

Property Custodian, or of any determination, not embodied in an

agreement, of excessive profits, so made by or on behalf of a

Secretary.

(c) Inventions

Any person to whom any invention, whether patented or unpatented,

or any right or interest therein is returned hereunder shall be

bound by any notice or order issued or agreement made pursuant to

the Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Secs. 89 to

96), in respect of such invention or right or interest, and such

person to whom a licensor's interest is returned shall have all

rights assertible by a licensor pursuant to section 2 of the said

Act.

(d) Rights and duties

Except as otherwise provided herein, and except to the extent

that the President or such officer or agency as he may designate

may otherwise determine, any person to whom return is made

hereunder shall have all rights, privileges, and obligations in

respect to the property or interest returned or the proceeds of

which are returned which would have existed if the property or

interest had not vested in the Alien Property Custodian, but no

cause of action shall accrue to such person in respect of any

deduction or retention of any part of the property or interest or

proceeds by the Alien Property Custodian for the purpose of paying

taxes, costs, or expenses in connection with such property or

interest or proceeds: Provided, That except as provided in

subsections (b) and (c) hereof, no person to whom a return is made

pursuant to this section, nor the successor in interest of such

person, shall acquire or have any claim or right of action against

the United States or any department, establishment or agency

thereof, or corporation owned thereby, or against any person

authorized or licensed by the United States, founded upon the

retention, sale, or other disposition, or use, during the period it

was vested in the Alien Property Custodian, of the returned

property, interest, or proceeds. Any notice to the Alien Property

Custodian in respect of any property or interest or proceeds shall

constitute notice to the person to whom such property or interest

or proceeds is returned and such person shall succeed to all

burdens and obligations in respect of such property or interest or

proceeds which accrued during the time of retention by the Alien

Property Custodian, but the period during which the property or

interest or proceeds returned were vested in the Alien Property

Custodian shall not be included for the purpose of determining the

application of any statute of limitations to the assertion of any

rights by such person in respect of such property or interest or

proceeds.

(e) Legal proceeding unaffected

No return hereunder shall bar the prosecution of any suit at law

or in equity against a person to whom return has been made, to

establish any right, title, or interest, which may exist or which

may have existed at the time of vesting, in or to the property or

interest returned, but no such suit may be prosecuted by any person

ineligible to receive a return under subsection (a)(2) hereof. With

respect to any such suit, the period during which the property or

interest or proceeds returned were vested in the Alien Property

Custodian shall not be included for the purpose of determining the

application of any statute of limitations.

(f) Notice of intention

At least thirty days before making any return to any person other

than a resident of the United States or a corporation organized

under the laws of the United States, or any State, Territory, or

possession thereof, or the District of Columbia, the President or

such officer or agency as he may designate shall publish in the

Federal Register a notice of intention to make such return,

specifying therein the person to whom return is to be made and the

place where the property or interest or proceeds to be returned are

located. Publication of a notice of intention to return shall

confer no right of action upon any person to compel the return of

any such property or interest or proceeds, and such notice of

intention to return may be revoked by appropriate notice in the

Federal Register. After publication of such notice of intention and

prior to revocation thereof, the property or interest or proceeds

specified shall be subject to attachment at the suit of any citizen

or resident of the United States or any corporation organized under

the laws of the United States, or any State, Territory, or

possession thereof, or the District of Columbia, in the same manner

as property of the person to whom return is to be made: Provided,

That notice of any writ of attachment which may issue prior to

return shall be served upon the Alien Property Custodian. Any such

attachment proceeding shall be subject to the provisions of law

relating to limitation of actions applicable to actions at law in

the jurisdiction in which such proceeding is brought, but the

period during which the property or interest or proceeds were

vested in the Alien Property Custodian shall not be included for

the purpose of determining the period of limitation. No officer of

any court shall take actual possession, without the consent of the

Alien Property Custodian, of any property or interest or proceeds

so attached, and publication of a notice of revocation of intention

to return shall invalidate any attachment with respect to the

specified property or interest or proceeds, but if there is no such

revocation, the President or such officer or agency as he may

designate shall accord full effect to any such attachment in

returning any such property or interest or proceeds.

(g) Payment of expenses of Custodian

Without limitation by or upon any other existing provision of law

with respect to the payment of expenses by the Alien Property

Custodian, the Custodian may retain or recover from any property or

interest or proceeds returned pursuant to this section or section

9(a) of this Act [section 9(a) of this Appendix] an amount not

exceeding that expended or incurred by him for the conservation,

preservation, or maintenance of such property or interest or

proceeds, or other property or interest or proceeds returned to the

same person.

(h) Designation of successor organizations to receive heirless

property; time for application; payment of funds: time,

allocation, claims barred by acceptance and conditions

The President may designate one or more organizations as

successors in interest to deceased persons who, if alive, would be

eligible to receive returns under the provisos of subdivision (C)

or (D) of subsection (a)(2) thereof.(!3) In the case of any

organization not so designated before the date of enactment of this

amendment, such organization may be so designated only if it

applies for such designation within three months after such date of

enactment.

The President, or such officer as he may designate, shall, before

the expiration of the one-year period which begins on the date of

enactment of this amendment, pay out of the War Claims Fund to

organizations designated before or after the date of enactment of

this amendment pursuant to this subsection the sum of $500,000. If

there is more than one such designated organization, such sum shall

be allocated among such organizations in the proportions in which

the proceeds of heirless property were distributed, pursuant to

agreements to which the United States was a party, by the

Intergovernmental Committee for Refugees and successor

organizations thereto. Acceptance of payment pursuant to this

subsection by any such organization shall constitute a full and

complete discharge of all claims filed by such organization

pursuant to this section, as it existed before the date of

enactment of this amendment.

No payment may be made to any organization designated under this

section unless it has given firm and responsible assurances

approved by the President that (1) the payment will be used on the

basis of need in the rehabilitation and settlement of persons in

the United States who suffered substantial deprivation of liberty

or failed to enjoy the full rights of citizenship within the

meaning of subdivisions (C) and (D) of subsection (a)(2) of this

section; (2) it will make to the President, with a copy to be

furnished to the Congress, such reports (including a detailed

annual report on the use of the payment made to it) and permit such

examination of its books as the President, or such officer or

agency as he may designate, may from time to time require; and (3)

it will not use any part of such payment for legal fees, salaries,

or other administrative expenses connected with the filing of

claims for such payment or for the recovery of any property or

interest under this section.

As used in this subsection, "organization" means only a nonprofit

charitable corporation incorporated on or before January 1, 1950,

under the laws of any State of the United States or of the District

of Columbia with the power to sue and be sued.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 32 as added Dec. 18, 1941, ch. 593,

title III, Sec. 304, as added Mar. 8, 1946, ch. 83, Sec. 1, 60

Stat. 50; amended Aug. 8, 1946, ch. 878, Sec. 2, 60 Stat. 930; Aug.

5, 1947, ch. 499, Sec. 2, 61 Stat. 784; Sept. 29, 1950, ch. 1108,

Sec. 1, 64 Stat. 1080; Mar. 23, 1951, ch. 15, title II, Sec.

201(a), (b), 65 Stat. 23; June 6, 1952, ch. 372, 66 Stat. 129; Aug.

23, 1954, ch. 830, Sec. 1, 68 Stat. 767; Pub. L. 87-846, title II,

Sec. 204(a), Oct. 22, 1962, 76 Stat. 1114.)

-REFTEXT-

REFERENCES IN TEXT

The Renegotiation Act, referred to in subsecs. (a)(4) and (b), is

act Apr. 28, 1942, ch. 247, title IV, Sec. 403, 56 Stat. 245, as

amended, which enacted section 1191 of this Appendix, and which was

omitted from the Code.

Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Secs. 89 to

96), referred to in subsecs. (a)(4) and (c), is act Oct. 31, 1942,

ch. 634, 56 Stat. 1013, which enacted sections 89 to 96 of former

Title 35, Patents, and which was omitted from the Code.

Section 2 of said Act, referred to in subsec. (c), means section

2 of act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which enacted

section 90 of former Title 35, Patents, and which was omitted from

the Code.

Date of enactment of this amendment, referred to in subsec. (h),

probably means date of enactment of Pub. L. 87-846, which was

approved Oct. 22, 1962.

-COD-

CODIFICATION

Section was formerly classified to section 619 of this Appendix.

-MISC1-

AMENDMENTS

1962 - Subsec. (h). Pub. L. 87-846 permitted application for

designation as successor organization to be made within three

months after Oct. 22, 1962, required payments in sum of $500,000 to

be made from the War Claims Fund before expiration of one year from

Oct. 22, 1962, provided for allocation of funds to multiple

successor organizations and acceptance of payments as discharge of

all claims, and eliminated provisions deeming a successor

organization as successor in interest by operation of law,

respecting time for making return to such organizations, limiting

the return to $3,000,000, requiring filing of notice of claim

before expiration of one year from Aug. 23, 1954, for transfer of

property to eligible persons, and declaring that filing of notice

of claim would not bar payment of debt claims under section 34 of

this Appendix.

1954 - Subsec. (h). Act Aug. 23, 1954, added subsec. (h).

1952 - Subsec. (a)(2)(D). Act June 6, 1952, increased from

$5,000,000 to $9,000,000 the limitation on amount of property which

may be returned to nationals.

1950 - Subsec. (a)(2)(D). Act Sept. 29, 1950, clarified authority

of Alien Property Custodian to return vested property to a person

who possessed American citizenship at all times since Dec. 7, 1941,

despite concurrent enemy citizenship and residence in enemy

territory, and authorized return of vested property to American

women who lost their citizenship solely because of marriage, and

who have reacquired their citizenship prior to Sept. 29, 1950.

1947 - Subsec. (a)(2). Act Aug. 5, 1947, provided that returns

shall not be made to any owner, legal representative, or successor

in interest, of the Governments of Germany, Japan, Rumania,

Bulgaria, or Hungary; or to corporations or associations organized

under the laws of such countries; or to an individual voluntarily

resident in such countries at any time since Dec. 7, 1941; or to an

individual who was at any time after Dec. 7, 1941, a citizen or

subject of such country and present in the territory of such

nation.

1946 - Subsec. (a)(2)(C), (D). Act Aug. 8, 1946, inserted

provisos in subdivs. (C) and (D).

-CHANGE-

CHANGE OF NAME

Tax Court of the United States redesignated United States Tax

Court pursuant to Pub. L. 91-172, title IX, Sec. 951, Dec. 30,

1969, 83 Stat. 730. See section 7441 of Title 26, Internal Revenue

Code.

-TRANS-

TRANSFER OF FUNCTIONS

War Contracts Price Adjustment Board abolished and powers,

functions, and duties conferred upon Board by the Renegotiation

Act, section 1191 of this Appendix, except those transferred to

Administrator of General Services, transferred to Renegotiation

Board by section 201(a), (b) of act Mar. 23, 1951, which was

classified to section 1231(a), (b) of this Appendix. Renegotiation

Board terminated and all property, including records, of Board

transferred to Administrator of General Services on Mar. 31, 1979,

pursuant to Pub. L. 95-431, title V, Sec. 501, Oct. 10, 1978, 92

Stat. 1043, and sections 1191 and 1231 of this Appendix were

omitted from the Code.

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-MISC2-

PURPOSE OF ACT AUGUST 5, 1947

Congress in enacting act Aug. 5, 1947, outlined the purpose of

the act as follows:

"Whereas article 79 of the Treaty of Peace with Italy, signed at

Paris on February 10, 1947, grants to the Allied and Associated

Powers the right to seize and retain 'all property rights and

interests which on the coming into force of the present treaty are

within its territory and belong to Italy or to Italian nationals,

and to apply such property or the proceeds thereof to such purposes

as it may desire, within the limits of its claims and those of its

nationals against Italy or Italian nationals, including debts,

other than claims fully satisfied under other articles of the

present treaty' and further provides that 'All Italian property, or

the proceeds thereof, in excess of the amount of such claims, shall

be returned'; and

"Whereas, pursuant to article 79 of the treaty of peace,

negotiations have been entered into between the Governments of the

United States and of Italy looking toward an agreement under which,

upon the return of property, formerly Italian, in the United

States, Italy will place at the disposal of the United States funds

to be used in meeting certain claims of nationals of the United

States; and

"Whereas, for the purpose of carrying out such agreement, it is

desirable to authorize, in accordance with the procedures provided

for in section 32 of the Trading With the Enemy Act of October 6,

1917 (40 Stat. 411), as amended [this section], return to Italy or

citizens or subjects of Italy, or corporations or associations

organized under the laws of Italy, of property vested in or

transferred to the United States or its agencies; and

"Whereas, for the purpose of aiding the revival of the Italian

economy and establishing it on a self-sustaining basis, it is

desirable that there be returned or transferred to Italy those

Italian vessels acquired by the United States after December 7,

1941, for use in the war effort and now owned by the United States

and vessels of a total tonnage approximately equal to the tonnage

of those Italian vessels seized by the United States after

September 1, 1939, and lost while being employed in the United

States war effort."

RETURN OF ITALIAN PROPERTY

Section 1 of act Aug. 5, 1947, provided: "That the President, or

such officer or agency as he may designate, is hereby authorized to

return, in accordance with the procedures provided for in section

32 of the Trading With the Enemy Act, as amended [this section],

any property or interest, or the net proceeds thereof, which has

been, since December 18, 1941, vested in or transferred to any

officer or agency of the United States pursuant to the Trading With

the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44

of this Appendix], and which immediately prior to such vesting or

transfer was the property or interest of Italy or a citizen or

subject of Italy, or a corporation or association organized under

the laws of Italy."

TRANSFER OF VESSELS TO ITALIAN GOVERNMENT

Section 4 of act Aug. 5, 1947, provided: "The President is

authorized upon such terms as he deems necessary (a) to transfer to

the Government of Italy all vessels which were under Italian

registry and flag on September 1, 1939, and were thereafter

acquired by the United States and are now owned by the United

States; and (b) with respect to any vessel under Italian registry

and flag on September 1, 1939, and subsequently seized in United

States ports and thereafter lost while being employed in the United

States war effort, to transfer to the Government of Italy surplus

merchant vessels of the United States of a total tonnage

approximately equal to the total tonnage of the Italian vessels

lost: Provided, That no monetary compensation shall be paid either

for the use by the United States or its agencies of former Italian

vessels so acquired or seized or for the return or transfer of such

vessels or substitute vessels."

-EXEC-

EXECUTIVE ORDER NO. 10587

Ex. Ord. No. 10587, Jan. 13, 1955, 20 F.R. 361, as amended by Ex.

Ord. No. 11086, Feb. 26, 1963, 28 F.R. 1833, which designated the

Jewish Restitution Successor Organization as successor in interest

to deceased persons under subsec. (h) of this section and delegated

to the Foreign Claims Settlement Commission the functions provided

for in subsec. (h) of this section, was revoked by Ex. Ord. No.

12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 33, 35, 36, 44 of this

Appendix.

-FOOTNOTE-

(!1) See Change of Name note below.

(!2) See Transfer of Functions note below.

(!3) So in original. Probably should be "hereof."

-End-

-CITE-

50 USC APPENDIX Sec. 33 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 33. Notice of claim; institution of suits; computation of time

-STATUTE-

No return may be made pursuant to section 9 or 32 [section 9 or

32 of this Appendix] unless notice of claim has been filed: (a) in

the case of any property or interest acquired by the United States

prior to December 18, 1941, by August 9, 1948; or (b) in the case

of any property or interest acquired by the United States on or

after December 18, 1941, not later than one year from February 9,

1954, or two years from the vesting of the property or interest in

respect of which the claim is made, whichever is later. No suit

pursuant to section 9 [section 9 of this Appendix] may be

instituted after April 30, 1949, or after the expiration of two

years from the date of the seizure by or vesting in the Alien

Property Custodian, as the case may be, of the property or interest

in respect of which relief is sought, whichever is later, but in

computing such two years there shall be excluded any period during

which there was pending a suit or claim for return pursuant to

section 9 or 32(a) hereof [section 9 or 32(a) of this Appendix].

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 33, as added Dec. 18, 1941, ch. 593,

title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60

Stat. 925; amended Aug. 5, 1947, ch. 499, Sec. 3, 61 Stat. 786;

July 1, 1948, ch. 794, 62 Stat. 1218; Feb. 9, 1954, ch. 4, 68 Stat.

7; Aug. 23, 1954, ch. 830, Sec. 2, 68 Stat. 768; Pub. L. 87-846,

title II, Sec. 204(b), Oct. 22, 1962, 76 Stat. 1115.)

-COD-

CODIFICATION

Section was formerly classified to section 620 of this Appendix.

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-846 struck out provision for return of property

to successor organizations pursuant to section 32(h) of this

Appendix if notice of claim was filed before expiration of one year

from Aug. 23, 1954.

1954 - Act Aug. 23, 1954, inserted before period at end of first

sentence "except that return may be made to successor organizations

designated pursuant to section 32(h) hereof if notice of claim is

filed before the expiration of one year from the effective date of

this Act".

Act Feb. 9, 1954, substituted "not later than one year from

February 9, 1954" for "by April 30, 1949" in first sentence.

1948 - Act July 1, 1948, amended section generally, extending

time for filing claims under section 9 or 32 of this Appendix.

1947 - Act Aug. 5, 1947, provided that notice of certain claims

could be filed by Aug. 8, 1948, or that Italian notice of claim

could be filed by July 31, 1949.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 34 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 34. Payment of debts

-STATUTE-

(a) Claims allowable; defenses

Any property or interest vested in or transferred to the Alien

Property Custodian (other than any property or interest acquired by

the United States prior to December 18, 1941), or the net proceeds

thereof, shall be equitably applied by the Custodian in accordance

with the provisions of this section to the payment of debts owed by

the person who owned such property or interest immediately prior to

its vesting in or transfer to the Alien Property Custodian. No debt

claim shall be allowed under this section if it was not due and

owing at the time of such vesting or transfer, or if it arose from

any action or transactions prohibited by or pursuant to this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] and not

licensed or otherwise authorized pursuant thereto, or (except in

the case of debt claims acquired by the Custodian) if it was at the

time of such vesting or transfer due and owing to any person who

has since the beginning of the war been convicted of violation of

this Act, as amended [said sections], sections 1 to 6 of the

Criminal Code, title I of the Act of June 15, 1917 (ch. 30, 40

Stat. 217), as amended; the Act of April 20, 1918 (ch. 59, 40 Stat.

534), as amended; the Act of June 8, 1934 (!1) (ch. 327, 52 Stat.

631), as amended; the Act of January 12, 1938 (ch. 2, 52 Stat. 3);

title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670); the

Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or the Act of

June 25, 1942 (ch. 447, 56 Stat. 390). Any defense to the payment

of such claims which would have been available to the debtor shall

be available to the Custodian, except that the period from and

after the beginning of the war shall not be included for the

purpose of determining the application of any statute of

limitations. Debt claims allowable hereunder shall include only

those of citizens of the United States or of the Philippine

Islands; those of corporations organized under the laws of the

United States or any State, Territory, or possession thereof, or

the District of Columbia or the Philippine Islands; those of other

natural persons who are and have been since the beginning of the

war residents of the United States and who have not during the war

been interned or paroled pursuant to the Alien Enemy Act; and those

acquired by the Custodian. Legal representatives (whether or not

appointed by a court in the United States) or successors in

interest by inheritance, devise, bequest, or operation of law or

debt claimants, other than persons who would themselves be

disqualified hereunder from allowance of a debt claim, shall be

eligible for payment to the same extent as their principals or

predecessors would have been.

(b) Time limit for filing claims; extension; notice

The Custodian shall fix a date or dates after which the filing of

debt claims in respect of any or all debtors shall be barred, and

may extend the time so fixed, and shall give at least sixty days'

notice thereof by publication in the Federal Register. In no event

shall the time extend beyond the expiration of two years from the

date of the last vesting in or transfer to the Custodian of any

property or interest of a debtor in respect of whose debts the date

is fixed, or from the date of enactment of this section [Aug. 8,

1946], whichever is later. No debt shall be paid prior to the

expiration of one hundred and twenty days after publication of the

first such notice in respect of the debtor, nor in any event shall

any payment of a debt claim be made out of any property or interest

or proceeds in respect of which a suit or proceeding pursuant to

this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]

for return is pending and was instituted prior to the expiration of

such one hundred and twenty days.

(c) Examination of claims

The Custodian shall examine the claims, and such evidence in

respect thereof as may be presented to him or as he may introduce

into the record, and shall make a determination, with respect to

each claim, of allowance or disallowance, in whole or in part.

(d) Funds for debt payments

Payment of debt claims shall be made only out of such money

included in, or received as net proceeds from the sale, use, or

other disposition of, any property or interest owned by the debtor

immediately prior to its vesting in or transfer to the Alien

Property Custodian, as shall remain after deduction of (1) the

amount of the expenses of the Office of Alien Property Custodian

(including both expenses in connection with such property or

interest or proceeds thereof, and such portion as the Custodian

shall fix of the other expenses of the Office of Alien Property

Custodian), and of taxes, as defined in section 36 hereof [section

36 of this Appendix], paid by the Custodian in respect of such

property or interest or proceeds, and (2) such amount, if any, as

the Custodian may establish as a cash reserve for the future

payment of such expenses and taxes. If the money available

hereunder for the payment of debt claims against the debtor is

insufficient for the satisfaction of all claims allowed by the

Custodian, ratable payments shall be made in accordance with

subsection (g) hereof to the extent permitted by the money

available and additional payments shall be made whenever the

Custodian shall determine that substantial further money has become

available, through liquidation of any such property or interest or

otherwise. The Custodian shall not be required through any judgment

of any court, levy of execution, or otherwise to sell or liquidate

any property or interest vested in or transferred to him, for the

purpose of paying or satisfying any debt claim.

(e) Amount payable; disallowance; notice; review; additional

evidence; judgment

If the aggregate of debt claims filed as prescribed does not

exceed the money from which, in accordance with subsection (d) of

this section, payment may be made, the Custodian shall pay each

claim to the extent allowed, and shall serve by registered mail, on

each claimant whose claim is disallowed in whole or in part, a

notice of such disallowance. Within sixty days after the date of

mailing of the Custodian's determination, any debt claimant whose

claim has been disallowed in whole or in part may file in the

United States District Court for the District of Columbia a

complaint for review of such disallowance naming the Custodian as

defendant. Such complaint shall be served on the Custodian. The

Custodian, within forty-five days after service on him, shall

certify and file in said court a transcript of the record of

proceedings in the Office of Alien Property Custodian with respect

to the claim in question. Upon good cause shown such time may be

extended by the court. Such record shall include the claim as

filed, such evidence with respect thereto as may have been

presented to the Custodian or introduced into the record by him,

and the determination of the Custodian with respect thereto,

including any findings made by him. The court may, in its

discretion, take additional evidence, upon a showing that such

evidence was offered to and excluded by the Custodian, or could not

reasonably have been adduced before him or was not available to

him. The court shall enter judgment affirming, modifying, or

reversing the Custodian's determination, and directing payment in

the amount, if any, which it finds due.

(f) Pro rata payments; notice; review; additional evidence;

intervention; judgment

If the aggregate of debt claims filed as prescribed exceeds the

money from which, in accordance with subsection (d) hereof, payment

may be made, the Custodian shall prepare and serve by registered

mail on all claimants a schedule of all debt claims allowed and the

proposed payment to each claimant. In preparing such schedule, the

Custodian shall assign priorities in accordance with the provisions

of subsection (g) hereof. Within sixty days after the date of

mailing of such schedule, any claimant considering himself

aggrieved may file in the United States District Court for the

District of Columbia a complaint for review of such schedule,

naming the Custodian as defendant. A copy of such complaint shall

be served upon the Custodian and on each claimant named in the

schedule. The Custodian, within forty-five days after service on

him, shall certify and file in said court a transcript of the

record of proceedings in the Office of Alien Property Custodian

with respect to such schedule. Upon good cause shown such time may

be extended by the court. Such record shall include the claims in

question as filed, such evidence with respect thereto as may have

been presented to the Custodian or introduced into the record by

him, any findings or other determinations made by the Custodian

with respect thereto, and the schedule prepared by the Custodian.

The court may, in its discretion, take additional evidence, upon a

showing that such evidence was offered to and excluded by the

Custodian or could not reasonably have been adduced before him or

was not available to him. Any interested debt claimant who has

filed a claim with the Custodian pursuant to this section, upon

timely application to the court, shall be permitted to intervene in

such review proceedings. The court shall enter judgment affirming

or modifying the schedule as prepared by the Custodian and

directing payment, if any be found due, pursuant to the schedule as

affirmed or modified and to the extent of the money from which, in

accordance with subsection (d) hereof, payment may be made. Pending

the decision of the court on such complaint for review, and pending

final determination of any appeal from such decision, payment may

be made only to an extent, if any, consistent with the contentions

of all claimants for review.

(g) Priority of claims

Debt claims shall be paid in the following order of priority: (1)

Wage and salary claims, not to exceed $600; (2) claims entitled to

priority under sections 191 and 193 of title 31 (!2) of the United

States Code [31 U.S.C. 3713(a) and 9309], except as provided in

subsection (h) hereof, (3) all other claims for services rendered,

for expenses incurred in connection with such services, for rent,

for goods and materials delivered to the debtor, and for payments

made to the debtor for goods or services not received by the

claimant; (4) all other debt claims. No payment shall be made to

claimants within a subordinate class unless the money from which,

in accordance with subsection (d) hereof, payment may be made

permits payment in full of all allowed claims in every prior class.

(h) Priority as debt due United States

No debt of any kind shall be entitled to priority under any law

of the United States or any State, Territory, or possession

thereof, or the District of Columbia, solely by reason of becoming

a debt due or owing to the United States as a result of its

acquisition by the Alien Property Custodian.

(i) Exclusiveness of relief

The sole relief and remedy available to any person seeking

satisfaction of a debt claim out of any property or interest which

shall have been vested in or transferred to the Alien Property

Custodian (other than any property or interest acquired by the

United States prior to December 18, 1941), or the proceeds thereof,

shall be the relief and remedy provided in this section, and suits

for the satisfaction of debt claims shall not be instituted,

prosecuted, or further maintained except in conformity with this

section: Provided, That no person asserting any interest, right, or

title in any property or interest or proceeds acquired by the Alien

Property Custodian, shall be barred from proceeding pursuant to

this Act [sections 1 to 6, and 7 to 39, and 41 to 44 of this

Appendix] for the return thereof, by reason of any proceeding which

he may have brought pursuant to this section; nor shall any

security interest asserted by the creditor in any such property or

interest or proceeds be deemed to have been waived solely by reason

of such proceeding. The Alien Property Custodian shall treat all

debt claims now filed with him as claims filed pursuant to this

section. Nothing contained in this section shall bar any person

from the prosecution of any suit at law or in equity against the

original debtor or against any other person who may be liable for

the payment of any debt for which a claim might have been filed

hereunder. No purchaser, lessee, licensee, or other transferee of

any property or interest from the Alien Property Custodian shall,

solely by reason of such purchase, lease, license, or transfer,

become liable for the payment of any debt owed by the person who

owned such property or interest prior to its vesting in or transfer

to the Alien Property Custodian. Payment by the Alien Property

Custodian to any debt claimant shall constitute, to the extent of

payment, a discharge of the indebtedness represented by the claim.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 34, as added Dec. 18, 1941, ch. 593,

title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60

Stat. 925; amended June 25, 1948, ch. 646, Sec. 32(a), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1 to 6 of the Criminal Code, referred to in subsec. (a),

are sections 1 to 6 of act Mar. 4, 1909, ch. 321, 35 Stat. 1088,

which enacted sections 1 to 6 of former Title 18, Criminal Code and

Criminal Procedure. Sections 1 to 6 of former Title 18 were

repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and

reenacted as sections 953 and 2381 to 2384 of Title 18, Crimes and

Criminal Procedure.

Title I of act of June 15, 1917 (ch. 30, 40 Stat. 217), as

amended, referred to in subsec. (a), is act June 15, 1917, ch. 30,

title I, 40 Stat. 217, as amended, which enacted sections 31 to 38

of Title 50, War and National Defense, and which was repealed by

act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as

sections 792 to 794 and 2388 of Title 18, Crimes and Criminal

Procedure.

Act of April 20, 1918 (ch. 59, 40 Stat. 534), as amended,

referred to in subsec. (a), is act Apr. 20, 1918, ch. 59, 40 Stat.

534, as amended, which enacted sections 101 to 106 of Title 50, and

which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat.

862, and reenacted as sections 2151 and 2153 to 2156 of Title 18.

Act of June 8, 1934 (ch. 327, 52 Stat. 631), as amended, referred

to in subsec. (a), probably means act June 8, 1938, ch. 327, 52

Stat. 631, as amended, known as the Foreign Agents Registration Act

of 1938, which is classified generally to subchapter II (Sec. 611

et seq.) of chapter 11 of Title 22, Foreign Relations and

Intercourse. For complete classification of this Act to the Code,

see Short Title note set out under section 611 of Title 22 and

Tables.

Act January 12, 1938 (ch. 2, 52 Stat. 3), referred to in subsec.

(a), is act Jan. 12, 1938, ch. 2, 52 Stat. 3, which enacted

sections 45 to 45d of Title 50, War and National Defense, and which

was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

and reenacted as sections 791 and 795 to 797 of Title 18, Crimes

and Criminal Procedure.

Title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670),

referred to in subsec. (a), is act June 28, 1940, ch. 439, title I,

54 Stat. 670, which enacted sections 9 to 13 of former Title 18,

Criminal Code and Criminal Procedure, and which was repealed by act

June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as

sections 2385 and 2387 of Title 18, Crimes and Criminal Procedure.

Act October 17, 1940 (ch. 897, 54 Stat. 1201), referred to in

subsec. (a), is act Oct. 17, 1940, ch. 897, 54 Stat. 1201, which

enacted sections 14 to 17 of former Title 18, Criminal Code and

Criminal Procedure, and which was repealed by act June 25, 1948,

ch. 645, Sec. 21, 62 Stat. 862, and reenacted as section 2386 of

Title 18, Crimes and Criminal Procedure.

Act of June 25, 1942 (ch. 447, 56 Stat. 390), referred to in

subsec. (a), is act June 25, 1942, ch. 447, 56 Stat. 390, as

amended, which was classified to sections 781 to 785 of this

Appendix and was omitted from the Code as terminated.

The Alien Enemy Act, referred to in subsec. (a), probably means

sections 4067 to 4070 of the Revised Statutes, which are classified

to sections 21 to 24 of Title 50, War and National Defense.

Sections 191 and 193 of title 31 of the United States Code,

referred to in subsec. (g), were repealed by Pub. L. 97-258, Sec.

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

section thereof as sections 3713(a) and 9309 of Title 31, Money and

Finance.

-COD-

CODIFICATION

Section was formerly classified to section 620 of this Appendix.

-CHANGE-

CHANGE OF NAME

In subsecs. (e) and (f), "United States District Court for the

District of Columbia" substituted for "the district court of the

United States for the District of Columbia" on authority of act

June 25, 1948, as amended by act May 24, 1949.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 35 of this Appendix.

-FOOTNOTE-

(!1) So in original. Probably should be "1938".

(!2) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 35 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 35. Hearings on claims; rules and regulations; delegation of

powers

-STATUTE-

The officer or agency empowered to entertain claims under

sections 9(a), 32, and 34 hereof [sections 9(a), 32, and 34 of this

Appendix] shall have power to hold such hearings as may be deemed

necessary; to prescribe rules and regulations governing the form

and contents of claims, the proof thereof, and all other matters

related to proceedings on such claims; and in connection with such

proceedings to issue subpenas, administer oaths, and examine

witnesses. Such powers, and any other powers conferred upon such

officer or agency by sections 9(a), 32, and 34 hereof [said

sections] may be exercised through subordinate officers designated

by such officer or agency.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 35, as added Dec. 18, 1941, ch. 593,

title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60

Stat. 928.)

-COD-

CODIFICATION

Section was formerly classified to section 620 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 36 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 36. Taxes

-STATUTE-

(a) Liability; exemptions

The vesting in or transfer to the Alien Property Custodian of any

property or interest (other than any property or interest acquired

by the United States prior to December 18, 1941), or the receipt by

him of any earnings, increment, or proceeds thereof shall not

render inapplicable any Federal, State, Territorial, or local tax

for any period prior or subsequent to the date of such vesting or

transfer, nor render applicable the exemptions provided in title II

of the Social Security Act [42 U.S.C. 401 et seq.] with respect to

service performed in the employ of the United States Government or

of any instrumentality of the United States.

(b) Payment by Custodian; liability of former owner; enforcement of

tax liability; transfer of property

The Alien Property Custodian shall, notwithstanding the filing of

any claim or the institution of any suit under this Act [sections 1

to 6, 7 to 39, and 41 to 44 of this Appendix], pay any tax incident

to any such property or interest, or the earnings, increment, or

proceeds thereof, at the earliest time appearing to him to be not

contrary to the interest of the United States. The former owner

shall not be liable for any such tax accruing while such property,

interest, earnings, increment, or proceeds are held by the Alien

Property Custodian, unless they are returned pursuant to this Act

[said sections] without payment of such tax by the Alien Property

Custodian. Every such tax shall be paid by the Alien Property

Custodian to the same extent, as nearly as may be deemed

practicable, as though the property or interest had not been vested

in or transferred to the Alien Property Custodian, and shall be

paid only out of the property or interest, or earnings, increment,

or proceeds thereof, to which they are incident or out of other

property or interests acquired from the same former owner, or

earnings, increment, or proceeds thereof. No tax liability may be

enforced from any property or interest or the earnings, increment

or proceeds thereof while held by the Alien Property Custodian

except with his consent. Where any property or interest is

transferred, otherwise than pursuant to section 9(a) or 32 hereof

[section 9(a) or 32(a) of this Appendix], the Alien Property

Custodian may transfer the property or interest free and clear of

any tax, except to the extent of any lien for a tax existing and

perfected at the date of vesting, and the proceeds of such transfer

shall, for tax purposes, replace the property or interest in the

hands of the Alien Property Custodian.

(c) Computation; suspension of limitations, etc.

Subject to the provisions of subsection (b) of this section, the

manner of computing any Federal taxes, including without limitation

by reason of this enumeration, the applicability in such

computation of credits, deductions, and exemptions to which the

former owner is or would be entitled, and the time and manner of

any payment of such taxes and the extent of any compliance by the

Custodian with provisions of Federal law and regulations applicable

with respect to Federal taxes, shall be in accordance with

regulations prescribed by the Commissioner of Internal Revenue with

the approval of the Secretary of the Treasury to effectuate this

section. Statutes of limitations on assessment, collection, refund,

or credit of Federal taxes shall be suspended, with respect to any

vested property or interest, or the earnings, increment or proceeds

thereof, while vested and for six months thereafter; but no

interest shall be paid upon any refund with respect to any period

during which the statute of limitations is so suspended.

(d) "Tax" defined

The word "tax" as used in this section shall include, without

limitation by reason of this enumeration, any property, income,

excess-profits, war-profits, excise, estate and employment tax,

import duty, and special assessment; and also any interest,

penalty, additional amount, or addition thereto not arising from

any act, omission, neglect, failure, or delay on the part of the

Custodian.

(e) Exemptions

Any tax exemption accorded to the Alien Property Custodian by

specific provision of existing law shall not be affected by this

section.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 36, as added Dec. 18, 1941, ch. 593,

title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60

Stat. 929.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 401 et

seq.) of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 620 of this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, vested in Attorney General. See notes set out under

section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 34 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 37 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 37. Insurance of property

-STATUTE-

The Alien Property Custodian may procure insurance in such

amounts, and from such insurers, as he believes will adequately

protect him against loss in connection with property or interest or

proceeds held by him.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 37, as added Dec. 18, 1941, ch. 593,

title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60

Stat. 930.)

-COD-

CODIFICATION

Section was formerly classified to section 620 of this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of the Alien Property Custodian and the Office of Alien

Property Custodian, except those relating to property or interest

in the Philippines, vested in the Attorney General. See notes set

out under section 6 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 38 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 38. Shipment of relief supplies; definitions

-STATUTE-

(a) Notwithstanding any other provision of this Act [sections 1

to 6, 7 to 39, and 41 to 44 of this Appendix], it shall be lawful,

at any time after the date of cessation of hostilities with any

country with which the United States is at war, for any person in

the United States to donate, or otherwise dispose of to, and to

transport or deliver to, any person in such country any article or

articles (including food, clothing, and medicine) intended to be

used solely to relieve human suffering.

(b) As used in this section -

(1) the term "person" means any individual, partnership,

association, company, or other unincorporated body of

individuals, or corporation or body politic;

(2) with respect to any country with which the United States

was at war on January 1, 1946, the term "date of cessation of

hostilities" shall mean the date of enactment of this Act [May

16, 1946];

(3) with respect to any other war the term "date of cessation

of hostilities" shall mean the date specified by proclamation of

the President or by a concurrent resolution of the two Houses of

Congress whichever is the earlier.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 38, formerly Sec. - , as added May

16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878,

Sec. 3, 60 Stat. 930.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (b)(2),

probably means May 16, 1946, the date of approval of act May 16,

1946, which added this section.

-End-

-CITE-

50 USC APPENDIX Sec. 39 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 39. Retention of properties or interests of Germany and Japan

and their nationals; proceeds covered into Treasury; ex gratia

payment to Switzerland

-STATUTE-

(a) No property or interest therein of Germany, Japan, or any

national of either such country vested in or transferred to any

officer or agency of the Government at any time after December 17,

1941, pursuant to the provisions of this Act [sections 1 to 6, 7 to

39, and 41 to 44 of this Appendix], shall be returned to former

owners thereof or their successors in interest, and the United

States shall not pay compensation for any such property or interest

therein. The net proceeds remaining upon the completion of

administration, liquidation, and disposition pursuant to the

provisions of this Act [said sections] of any such property or

interest therein shall be covered into the Treasury at the earliest

practicable date. Nothing in this section shall be construed to

repeal or otherwise affect the operation of the provisions of

section 32, 40, 41, 42 or 43 of this Act [section 32, 40, 41, 42 or

43 of this Appendix] or of the Philippine Property Act of 1946 [22

U.S.C. 1381 et seq.].

(b) The Attorney General shall cover into the Treasury, to the

credit of miscellaneous receipts, all sums from property vested in

or transferred to the Attorney General under this Act [sections 1

to 6, 7 to 39, and 41 to 44 of this Appendix] -

(1) which the Attorney General receives after the date of the

enactment of the Export Enhancement Act of 1988 [August 23,

1988], or

(2) which the Attorney General received before that date and

which, as of that date, the Attorney General had not covered into

the Treasury for deposit in the War Claims Fund, other than any

such sums which the Attorney General determines in his or her

discretion are the subject matter of any judicial action or

proceeding.

(c) Notwithstanding any of the provisions of subsections (a) and

(b) of this section, the Attorney General is authorized to pay from

property vested in or transferred to the Attorney General under

this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix],

the sum of $20,000 as an ex gratia payment to the Government of

Switzerland in accordance with the terms of the agreement entered

into by that Government and the Government of the United States on

March 12, 1980.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 39, as added July 3, 1948, ch. 826,

Sec. 12, 62 Stat. 1246; amended Aug. 7, 1953, ch. 344, 67 Stat.

461; Pub. L. 85-884, Sept. 2, 1958, 72 Stat. 1708; Pub. L. 87-846,

title II, Secs. 202, 204(c), Oct. 22, 1962, 76 Stat. 1113, 1115;

Pub. L. 87-861, Sec. 1, Oct. 23, 1962, 76 Stat. 1139; Pub. L.

89-619, Oct. 4, 1966, 80 Stat. 871; Pub. L. 99-93, title VIII, Sec.

803, Aug. 16, 1985, 99 Stat. 449; Pub. L. 100-418, title II, Sec.

2501(a), Aug. 23, 1988, 102 Stat. 1370.)

-REFTEXT-

REFERENCES IN TEXT

The Philippine Property Act of 1946, referred to in subsec. (a),

is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is

classified generally to subchapter V (Sec. 1381 et seq.) of chapter

15 of Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 1381 of Title 22 and Tables.

-MISC1-

AMENDMENTS

1988 - Subsecs. (b) to (f). Pub. L. 100-418 substituted subsec.

(b) for former subsecs. (b) to (e), redesignated subsec. (f) as

(c), and substituted "and (b)" for "through (d)".

1985 - Subsec. (f). Pub. L. 99-93 added subsec. (f).

1966 - Subsec. (e). Pub. L. 89-619 added subsec. (e).

1962 - Subsec. (a). Pub. L. 87-861 provided that nothing in this

section shall be construed to repeal or otherwise affect the

operation of section 40, 41, 42, or 43 of this Appendix.

Subsec. (b). Pub. L. 87-846, Sec. 204(c), required Attorney

General to cover $500,000 into Treasury for deposit into War Claims

Fund for payments to successor organizations receiving heirless

property.

Subsec. (d). Pub. L. 87-846, Sec. 202, added subsec. (d).

1958 - Subsec. (c). Pub. L. 85-884 added subsec. (c).

1953 - Act Aug. 7, 1953, designated existing provisions as

subsec. (a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTION

This section is referred to in sections 2012, 2017p of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 40 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 40. Intercustodial conflicts involving enemy property;

authority of President to conclude; delegation of authority

-STATUTE-

The President, or such officer or agency as he may designate, is

authorized to conclude and give effect to agreements to further the

amicable and expeditious settlement of intercustodial conflicts

involving enemy property, subject to the following:

(1) The authority granted in this section shall extend only to

agreements with governments with which the United States was not at

war in World War II.

(2) Such agreements shall be in accordance with the policy of

protecting and making available for utilization the American and

nonenemy interests in such property and further the elimination of

enemy interests in such property and the efficient administration

and liquidation of enemy property in the United States.

(3) For the purposes of this section, the United States as to any

intergovernmental agreements hereafter negotiated shall seek

treatment equal to that accorded United States nationals for

persons who, although citizens or residents of any enemy country

before or during World War II, were deprived of full rights of

citizenship or substantially deprived of liberty by laws, decrees,

or regulations of such enemy country discriminating against racial,

religious, or political groups: Provided, That on September 28,

1950, such persons were (1) permanent residents of the United

States and (2) had declared their intention to become citizens of

the United States in conformity with the provisions of the

Nationality Act of 1940, as amended; and that such persons shall

have acquired citizenship of the United States prior to the

effective date of any intergovernmental agreement hereafter

negotiated.

(4) Reimbursement to the United States by other governments

pursuant to such agreements shall be administered as vested

property: Provided, That nothing contained in this section shall

hinder, restrict or limit the payment of claims from the War Claims

Fund established by section 13 of the War Claims Act of 1948

(Public Law 896, 80th Congress, July 3, 1948; 62 Stat. 1240; 50

U.S.C. app. 2001-2013), as amended [section 2012 of this Appendix].

-SOURCE-

(Sept. 28, 1950, ch. 1094, 64 Stat. 1079.)

-REFTEXT-

REFERENCES IN TEXT

The Nationality Act of 1940, as amended, referred to in par. (3),

is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended, which was

classified principally to chapter 11 (Sec. 501 et seq.) of Title 8,

Aliens and Nationality, prior to its repeal by act June 27, 1952,

ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280. See section 1101

et seq. of Title 8.

-COD-

CODIFICATION

Section was not enacted as part of the Trading with the Enemy Act

which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this

Appendix.

-EXEC-

EX. ORD. NO. 10244. AUTHORIZATION OF SECRETARY OF STATE AND

ATTORNEY GENERAL TO PERFORM CERTAIN FUNCTIONS

Ex. Ord. No. 10244, May 17, 1951, 16 F.R. 4639, provided:

1. The Secretary of State and the Attorney General are hereby

jointly designated as the officers authorized to conclude and give

effect to agreements relating to the settlement of intercustodial

conflicts involving enemy property made pursuant to the said act of

September 28, 1950 [this section], and to exercise all powers

incident thereto which are conferred by such act, including,

without limitation, the powers to receive, transfer, release or

return property, interests therein, or proceeds thereof.

2. It is the policy of this order that the Secretary of State,

with the concurrence of the Attorney General, shall perform all

functions necessary or appropriate to give effect to any agreement

made pursuant to the said act of September 28, 1950 [this section],

with relation to the protection of American interests in property

outside the United States, and that the Attorney General, with the

concurrence of the Secretary of State, shall perform all functions

necessary or appropriate to give effect to any such agreement with

relation to property subject to the jurisdiction of the United

States, and that all other functions relating to the effectuation

of any such agreement shall be performed as may be agreed by the

Secretary of State and the Attorney General. However, no action

taken hereunder by either the Secretary of State or the Attorney

General shall be considered to be invalid on the ground that under

the provisions of this order such action was within the

jurisdiction of the Secretary of State rather than the Attorney

General, or vice versa, or that concurrence was not obtained, or

that such action was not joint.

3. The Secretary of State and the Attorney General may each

delegate to the other or to any other officer, person, or agency

within his respective department such of his functions under this

order as he may deem necessary.

4. Any money, property, or interest received as reimbursement by

the United States by virtue of any agreement made pursuant to the

said act of September 28, 1950 [this section], shall be

administered and disposed of by the Attorney General as vested

property pursuant to the said Trading With the Enemy Act, as

amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

Any other money, property, or interest received by the Secretary of

State or the Attorney General pursuant to any such agreement shall

be administered and disposed of pursuant to the provisions of such

agreement.

Harry S. Truman.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 39 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 41 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 41. Divestment of estates, trusts, insurance policies,

annuities, remainders, pensions, workmen's compensation and

veterans' benefits; exceptions; notice of divestment

-STATUTE-

(a) Subject to the provisions of subsection (b) hereof [of this

section], all rights and interests of individuals in estates,

trusts, insurance policies, annuities, remainders, pensions,

workmen's compensation and veterans' benefits vested under this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] after

December 17, 1941, which have not become payable or deliverable to

or have not vested in possession in the Attorney General prior to

December 31, 1961, are divested: Provided, That the provisions of

this section shall not affect the right of the Attorney General to

retain all such property rights and interests and to collect all

income which is payable to or vested in possession in him prior to

December 31, 1961.

(b) Nothing contained in this section shall divest or require the

divestment of any portion of any such interest the beneficial owner

of which is a natural person who has been convicted personally and

by name by a court of competent jurisdiction of murder, ill

treatment, or deportation for slave labor of prisoners of war,

political opponents, hostages, or civilian population in occupied

territories, or of murder or ill treatment of military or naval

persons, or of plunder or wanton destruction without justified

military necessity.

(c) At the earliest practicable time after the effective date of

this Act, the Attorney General shall transmit to the lawful owner

or custodian of any interest divested by this section written

notice of such divestment.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 40, as added Pub. L. 87-846, title II,

Sec. 205, Oct. 22, 1962, 76 Stat. 1115.)

-REFTEXT-

REFERENCES IN TEXT

Effective date of this Act, referred to in subsec. (c), probably

means the effective date of Pub. L. 87-846, which was approved Oct.

22, 1962, which added this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 39 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 42 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 42. Claims for proceeds from sale of certain certificates:

jurisdiction, limitations; divestment of copyrights: "copyrights"

defined, rights of licensees and assignees, reproduction rights

of United States, transfer of interests, payment of royalties to

Attorney General, suits for infringement

-STATUTE-

(a) Notwithstanding any statute of limitation, lapse of time, any

prior decision by any court of the United States, or any

compromise, release or assignment to the Alien Property Custodian,

jurisdiction is hereby conferred upon the United States Court of

Federal Claims to hear, determine, and render judgment upon the

claims against the United States for the proceeds received by the

United States from the sale of the property vested under the

provisions of the Trading With the Enemy Act [sections 1 to 6, 7 to

39, and 41 to 44 of this Appendix] by vesting order numbered 33

relating to certificate numbers 104 to 121, inclusive, 125, 126,

128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with

respect to such claims may be instituted hereunder not later than

two years after the date of the enactment of this section [Oct. 22,

1962].

(b) As used in this section the word "copyrights" includes

copyrights, claims of copyrights, rights to copyrights, and rights

to copyright renewals.

(c) All copyrights vested in the Alien Property Custodian or the

Attorney General under the provisions of this Act [sections 1 to 6,

7 to 39, and 41 to 44 of this Appendix] subsequent to December 17,

1941, which have not been returned or otherwise disposed of under

this Act [said sections], except copyrights vested by vesting

orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R.

1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and

copyrights vested with respect to the motion picture listed last in

exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R.

1626), are hereby divested as a matter of grace, effective the

ninety-first day after the date of enactment of this section [Oct.

22, 1962], and the persons entitled thereto shall on that day

succeed to the rights, privileges, and obligations arising out of

such copyrights, subject, however, to -

(1) the rights of licensees under licenses issued by the Alien

Property Custodian or the Attorney General in respect of such

copyrights;

(2) the rights of assignees under assignments by the Alien

Property Custodian or the Attorney General of interests in such

licenses; and

(3) the right retained by the United States to reproduce, for

its own use, or exhibit any divested copyrighted motion picture

films.

The rights and interests remaining in the Attorney General under

licenses issued by him or by the Alien Property Custodian in

respect to copyrights divested hereunder are hereby transferred,

effective the day of divestment, to the persons entitled to such

copyrights: Provided, That all unpaid royalties or other income

accrued in favor of the Attorney General under such licenses prior

to the day of divestment shall be paid by the licensees to the

Attorney General.

(d) All rights or interests vested in the Alien Property

Custodian or the Attorney General under the provisions of this Act

[sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]

subsequent to December 17, 1941, arising out of prevesting

contracts entered into with respect to copyrights, except -

(1) royalties or other income received by or accrued in favor

of the Alien Property Custodian or the Attorney General under

such contracts;

(2) rights or interests which have been returned or otherwise

disposed of under this Act [sections 1 to 6, 7 to 39, and 41 to

44 of this Appendix]; and

(3) rights or interests vested by vesting orders 128 (7 F.R.

7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16

F.R. 2483),

are hereby divested as a matter of grace, effective the

ninety-first day after the date of enactment of this section [Oct.

22, 1962], and the persons entitled to such rights or interests

shall succeed thereto, subject to the right of the Attorney General

to collect and receive all unpaid royalties or other income accrued

in his favor under such prevesting contracts prior to the day of

divestment.

(e) Nothing in this section shall be construed to transfer to a

person entitled to a copyright divested hereunder the right of the

Attorney General to sue for the infringement of such copyright

during the period between (1) the vesting thereof or the vesting of

rights and interests in a contract entered into with respect

thereto, and (2) the day of divestment. The right to sue for

infringement shall remain in the Attorney General.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 41, as added Pub. L. 87-846, title II,

Sec. 206, Oct. 22, 1962, 76 Stat. 1115; amended Pub. L. 88-490,

Aug. 26, 1964, 78 Stat. 607; Pub. L. 97-164, title I, Sec. 161(9),

Apr. 2, 1982, 96 Stat. 49; Pub. L. 102-572, title IX, Sec.

902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164 substituted "Claims Court" for

"Court of Claims".

1964 - Subsec. (a). Pub. L. 88-490 substituted "render judgment

upon" for "report to the Congress concerning" and "two years after

the date of enactment of this section [October 22, 1962]" for "one

year after the date of the enactment of this Act".

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 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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, are vested in Attorney General. See notes set out

under section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 39 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 43 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 43. Divestment of trademarks

-STATUTE-

(a) "Trademarks" defined

As used in this section, the word "trademarks" includes

trademarks, trade names, and the goodwill of the business to which

a trademark or trade name is appurtenant.

(b) Effective date of divestment; rights of licensees; transfer of

interests; payment of royalties to Attorney General

Trademarks vested in the Alien Property Custodian or the Attorney

General under the provisions of this Act [sections 1 to 6, 7 to 39,

and 41 to 44 of this Appendix] subsequent to December 17, 1941,

which have not been returned or otherwise disposed of under this

Act [said sections], except trademarks vested by vesting orders

284, as amended (7 Fed. Reg. 9754, 9 Fed. Reg. 1038), 2354 (8 Fed.

Reg. 14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg.

4364), are hereby divested as a matter of grace, effective the

ninety-first day after the day of enactment of this section [Oct.

23, 1962], and the persons entitled to such trademarks shall on

that day succeed to the rights, privileges, and obligations arising

therefrom, subject, however, to the rights of licensees under

licenses issued by the Alien Property Custodian or the Attorney

General in respect to such trademarks. The rights and interests

remaining in the Attorney General under licenses issued by him or

by the Alien Property Custodian in respect to trademarks divested

hereunder are transferred, effective the day of divestment, to the

persons entitled to such trademarks: Provided, That all unpaid

royalties or other income accrued in favor of the Attorney General

under such licenses prior to the day of divestment shall be paid by

the licensees to the Attorney General.

(c) Prevesting contracts; exceptions; payment of royalties to

Attorney General

All rights or interests vested in the Alien Property Custodian or

the Attorney General under the provisions of this Act [sections 1

to 6, 7 to 39, and 41 to 44 of this Appendix] subsequent to

December 17, 1941, arising out of prevesting contracts entered into

with respect to trademarks, except -

(1) royalties or other income received by or accrued in favor

of the Alien Property Custodian or the Attorney General under

such contracts;

(2) rights or interests which have been returned or otherwise

disposed of under this Act [said sections];

(3) rights or interests vested by vesting orders 284, as

amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg.

14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364),

are hereby divested as a matter of grace, effective the

ninety-first day after the date of enactment of this section [Oct.

23, 1962], and the persons entitled to such rights or interests

shall succeed thereto, subject to the right of the Attorney General

to collect and receive all unpaid royalties or other income accrued

in his favor under such prevesting contracts prior to the day of

divestment.

(d) Publication of ownership list in Federal Register; effective

date of divestment; succession to ownership of equivalent

trademarks

The Attorney General shall within forty-five days after the date

of enactment of this section [Oct. 23, 1962] publish in the Federal

Register a list of trademarks which at the date of vesting in the

Alien Property Custodian or Attorney General were owned by persons

who were resident in or had their sole or primary seat in the area

of Germany now in the Soviet Zone of Occupation or in the Soviet

sector of Berlin or in German territory under provisional Soviet or

Polish administration. Notwithstanding the provisions of subsection

(b) of this section, the effective date of divestment of the

trademarks so listed and published in the Federal Register shall be

the date of publication in the Federal Register by the Secretary of

State of a certification identifying the cases in which an

equivalent trademark has been registered in the Federal Republic of

Germany for a person residing or having its sole or primary seat in

the Federal Republic of Germany or in the western sectors of

Berlin. In those cases of an equivalent trademark certified by the

Secretary of State, the person registered by the Federal Republic

of Germany as owner of such equivalent trademark shall succeed to

the ownership of the divested trademark in the United States.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 42, as added Pub. L. 87-861, Sec. 2,

Oct. 23, 1962, 76 Stat. 1139.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, are vested in Attorney General. See notes set out

under section 6 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 44 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-

Sec. 44. Motion picture prints, transfer of title

-STATUTE-

(a) Prints in custody of Library of Congress; exception

The Attorney General is authorized and directed to transfer to

the Library of Congress the title to all prints of motion pictures

now in the custody of the Library, which prints were vested in or

transferred to the Alien Property Custodian or the Attorney General

pursuant to this Act [sections 1 to 6, 7 to 39, and 41 to 44 of

this Appendix] after December 17, 1941, except prints of motion

pictures which are the subject of suits or claims under section

9(a) or section 32 of this Act [section 9(a) or section 32 of this

Appendix].

(b) Prints in custody of Attorney General; exception; right of

selection by Library of Congress; disposal of unselected prints

by Attorney General

Subject to the right of selection by the Library of Congress, the

authorization, direction, and exception contained in subsection (a)

hereof shall apply with respect to such prints now in the custody

of the Attorney General. Prints not selected by the Library of

Congress may be disposed of by the Attorney General in any manner

he deems appropriate.

(c) Retention, reproduction, and disposal of prints by Library of

Congress

With respect to all prints concerning which title is transferred

to the Library of Congress pursuant to subsections (a) and (b)

hereof, the Library shall have complete discretion to retain such

prints and to reproduce copies thereof, or to dispose of them in

any manner it deems appropriate.

-SOURCE-

(Oct. 6, 1917, ch. 106, Sec. 43, as added Pub. L. 87-861, Sec. 2,

Oct. 23, 1962, 76 Stat. 1140.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interest

in Philippines, are vested in Attorney General. See notes set out

under section 6 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 39 of this Appendix.

-End-

-CITE-

50 USC APPENDIX SOLDIERS' AND SAILORS' CIVIL

RELIEF ACT OF 1918 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

-HEAD-

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

-End-

-CITE-

50 USC APPENDIX ACT MAR. 8, 1918, CH. 20, 40

STAT. 440 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-End-

-CITE-

50 USC APPENDIX Secs. 101 to 104 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 101 to 104. Omitted

-COD-

CODIFICATION

Sections 101 to 104 were omitted as expired. See Termination note

set out under sections 161 to 165 of this Appendix.

Section 101, act Mar. 8, 1918, ch. 20, Sec. 100, 40 Stat. 440,

related to declaration of purpose of this act.

Section 102, act Mar. 8, 1918, ch. 20, Sec. 101, 40 Stat. 440,

related to definitions.

Section 103, act Mar. 8, 1918, ch. 20, Sec. 102, 40 Stat. 441,

related to territorial application of this act, jurisdiction of

courts, and form of procedure.

Section 104, act Mar. 8, 1918, ch. 20, Sec. 103, 40 Stat. 441,

related to protection of persons secondarily liable.

-End-

-CITE-

50 USC APPENDIX Secs. 111 to 116 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 111 to 116. Omitted

-COD-

CODIFICATION

Sections 111 to 116 were omitted as expired. See Termination note

set out under sections 161 to 165 of this Appendix.

Section 111, act Mar. 8, 1918, ch. 20, Sec. 200, 40 Stat. 441,

related to default judgments, affidavits and bonds, and attorneys

for persons in service. See Default Judgment note set out under

sections 161 to 165 of this Appendix.

Section 112, act Mar. 8, 1918, ch. 20, Sec. 201, 40 Stat. 442,

related to stay of proceedings where military service affected

conduct.

Section 113, act Mar. 8, 1918, ch. 20, Sec. 202, 40 Stat. 442,

related to relief against fines and penalties on contracts, etc.,

while in service.

Section 114, act Mar. 8, 1918, ch. 20, Sec. 203, 40 Stat. 442,

related to stay of execution of judgments, attachments, etc.,

against persons in service.

Section 115, act Mar. 8, 1918, ch. 20, Sec. 204, 40 Stat. 442,

related to duration and terms of stay and to codefendants not in

service.

Section 116, act Mar. 8, 1918, ch. 20, Sec. 205, 40 Stat. 443,

related to exclusion of period of military service from time of

statutes of limitation.

-End-

-CITE-

50 USC APPENDIX Secs. 121 to 124 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 121 to 124. Omitted

-COD-

CODIFICATION

Sections 121 to 124 were omitted as expired. See Termination note

set out under sections 161 to 165 of this Appendix.

Section 121, act Mar. 8, 1918, ch. 20, Sec. 300, 40 Stat. 443,

related to rents, evictions, stay of proceedings, and allotment of

pay to discharge.

Section 122, act Mar. 8, 1918, ch. 20, Sec. 301, 40 Stat. 443,

related to contracts for the purchase of real or personal property

and to actions on such contracts.

Section 123, act Mar. 8, 1918, ch. 20, Sec. 302, 40 Stat. 444,

related to mortgages or trust deeds, actions thereon, stays, and

sales under powers. See Limitation of Actions note set out under

sections 161 to 165 of this Appendix.

Section 124, act Mar. 8, 1918, ch. 20, Sec. 303, as added Sept.

16, 1940, ch. 720, Sec. 13(c), 54 Stat. 896, related to

installments contracts and agreements to terminate, repossess, or

retain property transferred.

-End-

-CITE-

50 USC APPENDIX Secs. 131 to 146 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 131 to 146. Omitted

-COD-

CODIFICATION

Sections 131 to 146 were omitted as expired. See Termination note

set out under sections 161 to 165 of this Appendix.

Section 131, act Mar. 8, 1918, ch. 20, Sec. 400, 40 Stat. 444,

related to definitions concerning insurance.

Section 132, act Mar. 8, 1918, ch. 20, Sec. 401, 40 Stat. 444,

related to application for insurance benefits and forms.

Section 133, act Mar. 8, 1918, ch. 20, Sec. 402, 40 Stat. 444,

related to persons entitled to insurance benefits.

Section 134, act Mar. 8, 1918, ch. 20, Sec. 403, 40 Stat. 445,

related to lists of persons entitled to insurance benefits.

Section 135, act Mar. 8, 1918, ch. 20, Sec. 404, 40 Stat. 445,

related to applications on policies totaling more than $5,000.

Section 136, act Mar. 8, 1918, ch. 20, Sec. 405, 40 Stat. 445,

related to lapse of policies for nonpayment of premiums.

Section 137, act Mar. 8, 1918, ch. 20, Sec. 406, 40 Stat. 445,

related to reports to the Bureau of War Risk Insurance.

Section 138, act Mar. 8, 1918, ch. 20, Sec. 407, 40 Stat. 446,

related to verification of differences between premiums defaulted

and paid.

Section 139, act Mar. 8, 1918, ch. 20, Sec. 408, 40 Stat. 446,

related to bonds of the United States for the difference between

premiums defaulted and paid.

Section 140, act Mar. 8, 1918, ch. 20, Sec. 409, 40 Stat. 446,

related to holding of United States bonds as security for payment

of premiums.

Section 141, act Mar. 8, 1918, ch. 20, Sec. 410, 40 Stat. 446,

related to deduction of unpaid premiums from proceeds of policies.

Section 142, act Mar. 8, 1918, ch. 20, Sec. 411, 40 Stat. 446,

related to payment of past due premiums on termination of service.

Section 143, act Mar. 8, 1918, ch. 20, Sec. 412, 40 Stat. 446,

related to accounts stated between insurers and the United States.

Section 144, act Mar. 8, 1918, ch. 20, Sec. 413, 40 Stat. 447,

related to payments of balances due insurers.

Section 145, act Mar. 8, 1918, ch. 20, Sec. 414, 40 Stat. 447,

related to policies to which these provisions did not apply.

Section 146, act Mar. 8, 1918, ch. 20, Sec. 415, 40 Stat. 447,

related to companies or associations to which these provisions

applied.

-End-

-CITE-

50 USC APPENDIX Secs. 151, 152 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 151, 152. Omitted

-COD-

CODIFICATION

Sections 151 and 152 were omitted as expired. See Termination

note set out under sections 161 to 165 of this Appendix.

Section 151, act Mar. 8, 1918, ch. 20, Sec. 500, 40 Stat. 447,

related to application of this section to taxes or assessments and

to sale of property for failure to pay taxes or assessments.

Section 152, act Mar. 8, 1918, ch. 20, Sec. 501, 40 Stat. 448,

related to rights to public lands as not forfeited.

-End-

-CITE-

50 USC APPENDIX Secs. 161 to 165 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-

Secs. 161 to 165. Omitted

-COD-

CODIFICATION

Sections 161 to 165 were omitted as expired. See Termination note

set out below.

Section 161, act Mar. 8, 1918, ch. 20, Sec. 600, 40 Stat. 448,

related to transfers to take advantage of this act.

Section 162, act Mar. 8, 1918, ch. 20, Sec. 601, 40 Stat. 448,

related to certificates of military service, persons reported

missing, and presumptions.

Section 163, act Mar. 8, 1918, ch. 20, Sec. 602, 40 Stat. 449,

related to revocation of interlocutory orders.

Section 164, act Mar. 8, 1918, ch. 20, Sec. 603, 40 Stat. 449,

provided that the act of Mar. 8, 1918, remain in force until the

termination of the war and for six months thereafter and that the

provisions of the Act remain in effect as long as necessary for the

exercise or enjoyment of any proceeding, remedy, privilege, stay,

limitation, accounting, or other transaction authorized by the Act.

Section 165, act Mar. 8, 1918, ch. 20, Sec. 604, 40 Stat. 449,

provided that this Act be cited as the Soldiers' and Sailors' Civil

Relief Act.

-MISC1-

TERMINATION AFTER OCTOBER 17, 1940

Sections 101 to 104, 111 to 116, 121 to 124, 131 to 146, 151,

152, and 161 to 165 of this Appendix were rendered inapplicable to

military service performed after Oct. 17, 1940, under Selective

Training and Service Act of 1940 and Army Reserve and Retired

Personnel Law of 1940 by section 585 of this Appendix. Some of the

sections had previously been made applicable to those 1940 acts by

sections 313 and 404 of this Appendix. Present provisions on

soldier's and sailor's civil relief are contained in section 501 et

seq. of this Appendix.

DEFAULT JUDGMENTS

Act Sept. 3, 1919, ch. 55, 41 Stat. 282, provided that where

default judgments were entered and no affidavits required by

section 111 of this Appendix had been filed, the plaintiff, on

notice, could file an affidavit stating that persons in default

were not in military service at time of entry of default judgment

and authorized court to enter an order making the judgment

effective as of date of entry.

LIMITATION OF ACTIONS ON CLAIMS UNDER SECTION 123(3)

Act Mar. 4, 1923, ch. 284, 42 Stat. 1510, provided that claims

under section 123(3) of this Appendix must have been asserted prior

to Mar. 4, 1923 or within one year thereafter.

-End-

-CITE-

50 USC APPENDIX SELECTIVE DRAFT ACT OF 1917 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE DRAFT ACT OF 1917

-HEAD-

SELECTIVE DRAFT ACT OF 1917

-End-

-CITE-

50 USC APPENDIX ACT MAY 18, 1917, CH. 15, 40

STAT. 76 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE DRAFT ACT OF 1917

ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-

ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-End-

-CITE-

50 USC APPENDIX Secs. 201 to 211 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE DRAFT ACT OF 1917

ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-

Secs. 201 to 211. Omitted

-COD-

CODIFICATION

Sections 201 to 211 were omitted pursuant to section 4 of act

June 15, 1917, set out as an Effect of Termination of World War I

note under sections 213, 214 of this Appendix.

Section 201, act May 18, 1917, ch. 15, Sec. 1, 40 Stat. 76,

related to emergency increase in the Army, draft of National Guard

and additional forces, volunteer divisions, and to the organization

of the Army.

Section 202, acts May 18, 1917, ch. 15, Sec. 2, 40 Stat. 77; July

9, 1918, ch. 143, subch. XII, 40 Stat. 885; Aug. 31, 1918, ch. 166,

Sec. 1, 40 Stat. 955; Oct. 14, 1940, ch. 876, Sec. 504, 54 Stat.

1172, related to manner of attaining increased forces, eligibility

for the draft, quotas, period of service, and the government of the

forces raised.

Section 203, act May 18, 1917, ch. 15, Sec. 3, 40 Stat. 78,

related to bounties to induce enlistments, substitutes, and

payments to escape service.

Section 204, acts May 18, 1917, ch. 15, Sec. 4, 40 Stat. 78; Aug.

31, 1918, ch. 166, Sec. 2, 40 Stat. 955, related to exemptions from

the draft and to draft and appeal boards, and was repealed by Pub.

L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643.

Section 205, acts May 18, 1917, ch. 15, Sec. 5, 40 Stat. 80; Aug.

31, 1918, ch. 166, Sec. 3, 40 Stat. 955, related to registration,

the persons required to register, and to penalties for failure to

register.

Section 206, act May 18, 1917, ch. 15, Sec. 6, 40 Stat. 80,

related to utilization of departments and officers, etc., use of

franks, and offenses and punishments, and was repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643.

Section 207, acts May 18, 1917, ch. 15, Sec. 7, 40 Stat. 81; July

9, 1918, ch. 143, subch. XIII, 40 Stat. 885, related to voluntary

enlistments and to geographical groupings of enlisted or drafted

men.

Section 208, acts May 18, 1917, ch. 15, Sec. 8, 40 Stat. 81; Apr.

20, 1918, ch. 61, 40 Stat. 534, related to temporary appointment of

general officers and to vacancies in the Regular Army.

Section 209, act May 18, 1917, ch. 15, Sec. 9, 40 Stat. 82,

related to periods of appointments and discharges for cause.

Section 210, act May 18, 1917, ch. 15, Sec. 10, 40 Stat. 82,

related to pay, allowances, and pensions.

Section 211, act May 18, 1917, ch. 15, Sec. 11, 40 Stat. 82,

related to suspension of restrictions on detail, detachment and

employment of personnel.

-End-

-CITE-

50 USC APPENDIX Sec. 212 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE DRAFT ACT OF 1917

ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-

Sec. 212. Repealed. Aug. 27, 1935, ch. 740, title II, Sec. 203, 49

Stat. 878

-MISC1-

Section, act May 18, 1917, ch. 15, Sec. 12, 40 Stat. 82, related

to regulation and prohibition of alcoholic liquors by the

President.

-End-

-CITE-

50 USC APPENDIX Secs. 213, 214 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE DRAFT ACT OF 1917

ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-

Secs. 213, 214. Omitted

-COD-

CODIFICATION

Sections 213 and 214 were omitted pursuant to section 4 of act

June 15, 1917, set out as an Effect of Termination of World War I

note below.

Section 213, acts May 18, 1917, ch. 15, Sec. 13, 40 Stat. 83;

July 9, 1918, ch. 143, subch. XIV, 40 Stat. 885, related to

prohibition of prostitution. See section 1384 of Title 18, Crimes

and Criminal Procedure.

Section 214, act May 18, 1917, ch. 15, Sec. 14, 40 Stat. 83,

related to suspension of conflicting laws.

-MISC1-

EFFECT OF TERMINATION OF WORLD WAR I

Act June 15, 1917, ch. 29, Sec. 4, 40 Stat. 217, provided in part

that compulsory military service under sections 201 to 214 of this

Appendix should cease four months after proclamation of peace by

the President.

DURATION OF SERVICE

Act June 15, 1917, ch. 29, Sec. 4, 40 Stat. 217, provided in part

that draftees and enlistees should serve for the duration of the

war.

SUPPLEMENTAL PROVISIONS RELATING TO GENERAL OFFICERS

Act Oct. 6, 1917, ch. 105, Sec. 3, 40 Stat. 410, provided that

section 208 of this Appendix should be construed to authorize the

President to appoint the Chief of Staff and the commander of United

States forces in France as generals, the commander of an army corps

as lieutenant general, and their rate of pay and allowances.

EXTENSION OF SECTIONS 212 AND 213 OF THIS APPENDIX TO THE NAVY

Act Oct. 6, 1917, ch. 92, 40 Stat. 393, extended the provisions

of sections 212 and 213 of this Appendix to include the Navy.

CALLING OF CERTAIN DEFERRED CLASSES FOR SERVICE

Act May 16, 1918, ch. 76, 40 Stat. 554, authorized the President

to call for immediate military service persons who were placed in

deferred classes.

REGISTRATION OF PERSONS ATTAINING AGE OF 21 SINCE JUNE 5, 1917

Act May 20, 1918, ch. 79, 40 Stat. 557, authorized the President

to proclaim a registration date for persons who attained the age of

21 since June 5, 1917, and authorized further proclamations from

time to time as necessary.

POWER OF PRESIDENT TO INCREASE DRAFTED ARMY

Act July 9, 1918, ch. 143, subch. XXI, 40 Stat. 894, authorized

the President to draft the maximum number of men necessary for

prosecution of the war.

SERVICES FOR WHICH DRAFTEE LIABLE

Act Aug. 31, 1918, ch. 166, Sec. 4, 40 Stat. 955, provided for

allotment of draftees to Army, Navy, and Marine Corps.

REPEAL OF RESTRICTIONS ON ENLISTMENTS; PERIOD OF ENLISTMENTS;

SERVICE WITH RESERVES; PAY OF ENLISTED MEN

Act Feb. 28, 1919, ch. 79, 40 Stat. 1211, provided for repeal of

so much of sections 207 and 214 of this Appendix as imposed

restrictions on enlistments in Regular Army, the period of such

enlistments, did not require service with the reserves, rate of

pay, and discharge after one year's service to those who enlisted

for three years, in discretion of Secretary of the Army.

STATUS OF DESERTERS; PROSECUTION OF DRAFT VIOLATORS

Act Mar. 8, 1922, ch. 101, 42 Stat. 421, provided for extension

of time within which deserters and draft violators could be

prosecuted.

-EXEC-

PROC. NO. 2068. PARDON OF PERSONS CONVICTED OF VIOLATING SECTION

205

Proc. No. 2068, Dec. 23, 1933, 48 Stat. 1725, granted full pardon

to all persons who had theretofore been convicted of a violation of

or of a conspiracy to violate section 205 of this Appendix, and who

had complied with their sentences.

-End-

-CITE-

50 USC APPENDIX SELECTIVE TRAINING AND SERVICE

ACT OF 1940 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE TRAINING AND SERVICE ACT OF 1940

-HEAD-

SELECTIVE TRAINING AND SERVICE ACT OF 1940

-End-

-CITE-

50 USC APPENDIX ACT SEPT. 16, 1940, CH. 720, 54

STAT. 885 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE TRAINING AND SERVICE ACT OF 1940

ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-

ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-End-

-CITE-

50 USC APPENDIX Secs. 301 to 309a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE TRAINING AND SERVICE ACT OF 1940

ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-

Secs. 301 to 309a. Omitted

-COD-

CODIFICATION

Section 301, acts Sept. 16, 1940, ch. 720, Sec. 1, 54 Stat. 885;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

declaration of emergency and policy, expired on Mar. 31, 1947,

pursuant to section 316 of this Appendix. See section 451 of this

Appendix.

Section 302, acts Sept. 16, 1940, ch. 720, Sec. 2, 54 Stat. 885;

Dec. 20, 1941, ch. 602, Sec. 1, 55 Stat. 844; June 29, 1946, ch.

522, Sec. 1, 60 Stat. 341, which related to registration and age

limits, expired on Mar. 31, 1947, pursuant to section 316 of this

Appendix. See section 453 of this Appendix.

Section 303, acts Sept. 16, 1940, ch. 720, Sec. 3, 54 Stat. 885;

Aug. 18, 1941, ch. 362, Sec. 5, 55 Stat. 627; Dec. 20, 1941, ch.

602, Secs. 2, 9, 55 Stat. 845, 846; Nov. 13, 1942, ch. 638, Secs.

1, 5, 56 Stat. 1018, 1019; May 9, 1945, ch. 112, Sec. 2, 59 Stat.

166; May 14, 1946, ch. 253, Sec. 3, 60 Stat. 181; June 29, 1946,

ch. 522, Secs. 2-4, 60 Stat. 341, which related to liability for

service, number of armed forces and term of service, expired in

part on Mar. 31, 1947 and after July 1, 1947, pursuant to section

316 of this Appendix. See section 454 of this Appendix.

Section 303a, acts June 28, 1944, ch. 301, title I, 58 Stat. 544;

July 17, 1945, ch. 319, 59 Stat. 485; July 23, 1946, ch. 591, title

I, 60 Stat. 613, related to medical and burial expenses of

registrants. See section 461 of this Appendix.

Section 303a was enacted as part of act July 23, 1946, known as

the Third Deficiency Appropriation Act, 1946, and not as part of

act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective

Training and Service Act of 1940.

Section 304, acts Sept. 16, 1940, ch. 720, Sec. 4, 54 Stat. 887;

Dec. 20, 1941, ch. 602, Sec. 3, 55 Stat. 815; June 29, 1946, ch.

522, Sec. 1, 60 Stat. 341, which related to manner of selecting

men, expired on Mar. 31, 1947, pursuant to section 316 of this

Appendix. See section 455 of this Appendix.

Section 304a, act Dec. 5, 1943, ch. 342, Sec. 5, 57 Stat. 599,

related to pre-induction physical examinations.

Section 304a was not enacted as part of act Sept. 16, 1940, ch.

720, 54 Stat. 885, known as the Selective Training and Service Act

of 1940.

Section 305, acts Sept. 16, 1940, ch. 720, Sec. 5, 54 Stat. 887;

May 29, 1941, ch. 155, 55 Stat. 211; Aug. 16, 1941, ch. 355, Secs.

1, 2, 55 Stat. 621; Dec. 20, 1941, ch. 602, Secs. 4-6, 55 Stat.

845; June 23, 1942, ch. 443, title II, Sec. 201(a), 56 Stat. 386;

Nov. 13, 1942, ch. 638, Secs. 2, 4, 56 Stat. 1019; July 9, 1943,

ch. 211, 57 Stat. 391; Dec. 5, 1943, ch. 342, Sec. 1, 57 Stat. 596;

May 14, 1946, ch. 253, Sec. 2, 60 Stat. 181; June 29, 1946, ch.

522, Secs. 5, 6, 60 Stat. 342; Oct. 12, 1949, ch. 681, title V,

Sec. 531(d), 63 Stat. 841, which related to exceptions, exemptions

and deferments, expired on Mar. 31, 1947, pursuant to section 316

of this Appendix. See section 456 of this Appendix.

Section 305a, act Apr. 8, 1943, ch. 33, 57 Stat. 57, related to

deferments of Federal Government employees.

Section 305a was not enacted as part of act Sept. 16, 1940, ch.

720, 54 Stat. 885, known as the Selective Training and Service Act

of 1940.

Section 305b, act Dec. 5, 1943, ch. 342, Sec. 6, 57 Stat. 599,

related to monthly reports by Director of Selective Service.

Section 305b was not enacted as part of act Sept. 16, 1940, ch.

720, 54 Stat. 885, known as the Selective Training and Service Act

of 1940.

Section 306, acts Sept. 16, 1940, ch. 720, Sec. 6, 54 Stat. 889;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

number inducted as limited by appropriations, expired on Mar. 31,

1947, pursuant to section 316 of this Appendix.

Section 307, acts Sept. 16, 1940, ch. 720, Sec. 7, 54 Stat. 890;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

bounties for enlistment and substitutes, expired on Mar. 31, 1947,

pursuant to section 316 of this Appendix. See section 458 of this

Appendix.

Section 308, acts Sept. 16, 1940, ch. 720, Sec. 8, 54 Stat. 890;

July 28, 1942, ch. 529, Sec. 2, 56 Stat. 724; Dec. 8, 1944, ch.

548, Sec. 1, 58 Stat. 798; June 29, 1946, ch. 522, Sec. 1, 60 Stat.

341, which related to service certificates and reemployment rights,

expired on Mar. 31, 1947, pursuant to section 316 of this Appendix.

See section 459 of this Appendix.

Section 309, acts Sept. 16, 1940, ch. 720, Sec. 9, 54 Stat. 892;

June 25, 1943, ch. 144, Sec. 3, 57 Stat. 164; June 29, 1946, ch.

522, Sec. 1, 60 Stat. 341, which related to conscription of

industry, expired on Mar. 31, 1947, pursuant to section 316 of this

Appendix. See section 468 of this Appendix.

Section 309a, acts July 12, 1943, ch. 221, title VII, 57 Stat.

518; June 28, 1944, ch. 301, title I, 58 Stat. 544; July 17, 1945,

ch. 319, 59 Stat. 485; July 23, 1946, ch. 591, title I, 60 Stat.

614, related to a work program for conscientious objectors. See

section 456 of this Appendix.

Section 309a was enacted as part of act July 23, 1946, known as

the Third Deficiency Appropriation Act, 1946, and not as part of

act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective

Training and Service Act of 1940.

-End-

-CITE-

50 USC APPENDIX Sec. 310 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE TRAINING AND SERVICE ACT OF 1940

ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-

Sec. 310. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 16, 1966, 80

Stat. 651, 652

-MISC1-

Section, acts Sept. 16, 1940, ch. 720, Sec. 10, 54 Stat. 893;

Dec. 5, 1943, ch. 342, Secs. 2-4, 57 Stat. 597, 598; June 29, 1946,

ch. 522, Sec. 1, 60 Stat. 341; 1950 Reorg. Plan No. 26, Secs. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, related to

administrative provisions. See section 460 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Secs. 310a to 318 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SELECTIVE TRAINING AND SERVICE ACT OF 1940

ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-

Secs. 310a to 318. Omitted

-MISC1-

Section 310a, acts Oct. 8, 1940, ch. 756, title I, 54 Stat. 971;

Apr. 5, 1941, ch. 40, 55 Stat. 117; Apr. 28, 1942, ch. 247, title

III, 56 Stat. 237; July 12, 1943, ch. 221, title VII, 57 Stat. 519;

June 28, 1944, ch. 301, title I, 58 Stat. 544; July 17, 1945, ch.

319, 59 Stat. 485; July 23, 1946, ch. 591, title I, 60 Stat. 614,

related to travel expenses. See section 460(f) of this Appendix.

Section 310a was enacted as part of act July 23, 1946, known as

the Third Deficiency Appropriation Act, 1946, and not as part of

act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective

Training and Service Act of 1940.

Section 310b, act July 2, 1945, ch. 219, Secs. 1-4, 59 Stat. 312,

related to Selective Service Medal.

Section 310b was not enacted as part of act Sept. 16, 1940, ch.

720, 54 Stat. 885, known as the Selective Training and Service Act

of 1940.

Section 311, acts Sept. 16, 1940, ch. 720, Sec. 11, 54 Stat. 894;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, related to offenses

and punishment, expired on Mar. 31, 1947, pursuant to section 316

of this Appendix. See section 462 of this Appendix.

Section 312, acts Sept. 16, 1940, ch. 720, Sec. 12, 54 Stat. 895;

Mar. 28, 1942, ch. 206, 56 Stat. 190; June 16, 1942, ch. 413, Sec.

19, 56 Stat. 369, eff. June 1, 1942; June 29, 1946, ch. 522, Sec.

1, 60 Stat. 341, related to pay and allowances. Subsections (a) to

(c) were repealed on June 1, 1942, and the other subsections

expired on Mar. 31, 1947, pursuant to section 316 of this Appendix.

Section 313, acts Sept. 16, 1940, ch. 720, Sec. 13, 54 Stat. 895;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

applicability of Soldiers' and Sailors' Civil Relief Act, section

501 et seq. of this Appendix, expired on Mar. 31, 1947, pursuant to

section 316 of this Appendix. See section 464 of this Appendix.

Section 314, acts Sept. 16, 1940, ch. 720, Sec. 14, 54 Stat. 896;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

notice of requirements of the act, expired on Mar. 31, 1947,

pursuant to section 316 of this Appendix. See section 465 of this

Appendix.

Section 315, acts Sept. 16, 1940, ch. 720, Sec. 15, 54 Stat. 896;

Dec. 20, 1941, ch. 602, Sec. 7, 55 Stat. 845; June 23, 1942, ch.

443, title II, Sec. 201(b), 56 Stat. 387; Nov. 13, 1942, ch. 638,

Sec. 3, 56 Stat. 1019; July 1, 1944, ch. 376, 58 Stat. 720; June

29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

definitions, expired on Mar. 31, 1947, pursuant to section 316 of

this Appendix. See section 466 of this Appendix.

Section 316, act Sept. 16, 1940, ch. 720, Sec. 16, 54 Stat. 897;

May 9, 1945, ch. 112, Sec. 1, 59 Stat. 166; May 14, 1946, ch. 253,

Sec. 1, 60 Stat. 181; June 29, 1946, ch. 522, Sec. 7, 60 Stat. 342,

related to suspension of conflicting laws and expiration of the

act. See section 467 of this Appendix.

Section 317, acts Sept. 16, 1940, ch. 720, Sec. 17, 54 Stat. 897;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, related to the

effective date of the act.

Section 318, acts Sept. 16, 1940, ch. 720, Sec. 18, 54 Stat. 897;

June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to

short title of act, expired on Mar. 31, 1947, pursuant to section

316 of this Appendix.

STATUS AND TERM OF SERVICE OF PERSONS INDUCTED INTO NAVY, MARINE

CORPS OR COAST GUARD

Act Dec. 20, 1941, ch. 602, Sec. 8, 55 Stat. 846, related to the

status and term of service of persons inducted into Navy, Marine

Corps, or Coast Guard under Selective Training and Service Act of

1940.

RECOGNITION OF UNCOMPENSATED SERVICE OF MEMBERS OF LOCAL BOARDS,

ETC.

Act June 30, 1947, ch. 167, 61 Stat. 210, directed the Director

of Selective Service to issue to uncompensated personnel of the

Selective Service System, upon the expiration of the Selective

Training and Service Act of 1940, as amended, suitable certificates

of separation.

-End-

-CITE-

50 USC APPENDIX OFFICE OF SELECTIVE SERVICE

RECORDS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

-HEAD-

OFFICE OF SELECTIVE SERVICE RECORDS

-End-

-CITE-

50 USC APPENDIX ACT MAR. 31, 1947, CH. 26, 61

STAT. 31 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-MISC1-

Sec.

321. Establishment of Office of Selective Service Records;

appointment of Director.

322. Functions, duties, and responsibilities of Office.

323. Transfer of funds; appropriations.

324. Transfer of property, records, and personnel to

Office; transfer of surplus property to National

Guard.

325. Transfer of functions and responsibilities of

Personnel Division, National Headquarters, Selective

Service System to Office; effective date.

326. Powers and duties of Director; acceptance of voluntary

services; fiscal, disbursing, and accounting agent;

status of officers of military and naval Services and

Reserves and departments or agencies detailed to

Office.

327. Rules and regulations; penalties.

328. Suspension of conflicting laws.

329. Effective date.

330. Destruction of records; use of appropriations;

procedures; transfers to other agencies.

-TRANS-

TERMINATION AND REESTABLISHMENT OF OFFICE OF SELECTIVE SERVICE

RECORDS; TRANSFER OF FUNCTIONS, PERSONNEL, PROPERTY, ETC.

Act June 24, 1948, ch. 625, title I, Sec. 10(a)(4), 62 Stat. 618,

provided that: "The functions of the Office of Selective Service

Records (established by the Act of March 31, 1947) [sections 321 to

329 of this Appendix] and of the Director of the Office of

Selective Service Records are hereby transferred to the Selective

Service System and the Director of Selective Service, respectively.

The personnel, property, records, and unexpended balances

(available or to be made available) of appropriations, allocations,

and other funds of the Office of Selective Service Records are

hereby transferred to the Selective Service System. The Office of

Selective Service Records shall cease to exist upon the taking of

effect of the provisions of this title [sections 451, 453, 454 and

455 to 471 of this Appendix]: Provided, That, effective upon the

termination of this title [said sections] and notwithstanding such

termination in other respects, (A) the said Office of Selective

Service Records is hereby reestablished on the same basis and with

the same functions as obtained prior to the effective date of this

title [June 24, 1948], (B) said reestablished Office shall be

responsible for liquidating any other outstanding affairs of the

Selective Service System, and (C) the personnel, property, records,

and unexpended balances (available or to be made available) of

appropriations, allocations, and other funds of the Selective

Service System shall be transferred to such reestablished Office of

Selective Service Records."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in section 460 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 321 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 321. Establishment of Office of Selective Service Records;

appointment of Director

-STATUTE-

There is hereby established an Office of Selective Service

Records, to be headed by a Director who shall be appointed by the

President, by and with the advice and consent of the Senate.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 1, 61 Stat. 31.)

-COD-

CODIFICATION

Provisions that fixed the compensation of the Director at $10,000

per year were omitted as obsolete and superseded. Sections 1202 and

1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed

the Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5, Government Organization and Employees. Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

-End-

-CITE-

50 USC APPENDIX Sec. 322 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 322. Functions, duties, and responsibilities of Office

-STATUTE-

The functions, duties, and responsibilties (!1) of the Office of

Selective Service Records shall be (a) to liquidate the Selective

Service System, which liquidation shall be completed as rapidly as

possible after March 31, 1947, but in any event not later than

March 31, 1948, except as herein provided; (b) to preserve and

service the records of Selective Service; and (c) to perform such

other duties relating to the preservation of records, knowledge,

and methods of Selective Service, not inconsistent with law.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 2, 61 Stat. 31.)

-MISC1-

REESTABLISHMENT OF OFFICE

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-FOOTNOTE-

(!1) So in original. Should be "responsibilities".

-End-

-CITE-

50 USC APPENDIX Sec. 323 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 323. Transfer of funds; appropriations

-STATUTE-

The unexpended balances of funds available to the Selective

Service System are made available to the Office of Selective

Service Records for the purposes of this Act [sections 321 to 329

of this Appendix] and such additional appropriations as are

necessary therefor are authorized.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 3, 61 Stat. 31.)

-MISC1-

REESTABLISHMENT OF OFFICE

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 324 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 324. Transfer of property, records, and personnel to Office;

transfer of surplus property to National Guard

-STATUTE-

All property, records, and personnel of the Selective Service

System are hereby transferred to the Office of Selective Service

Records and authority is hereby granted to the Director of the

Office of Selective Service Records to transfer, without

reimbursement, and with the approval of the War Assets

Administration,(!1) to the National Guard in the several States,

the District of Columbia, and Territories and possessions of the

United States, or to the Organized Reserves of the armed forces,

surplus property of the Selective Service System.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 4, 61 Stat. 31; June 30, 1949, ch.

288, title I, Sec. 105, 63 Stat. 381.)

-TRANS-

TRANSFER OF FUNCTIONS

War Assets Administration abolished and functions, records, etc.,

transferred to General Services Administration by act June 30,

1949, ch. 288, title I, Sec. 105, 63 Stat. 381, effective July 1,

1949, see section 605, formerly section 505, of act June 30, 1949,

ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,

Sec. 6(a), (b), 64 Stat. 583.

-MISC1-

REESTABLISHMENT OF OFFICE

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 325 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 325. Transfer of functions and responsibilities of Personnel

Division, National Headquarters, Selective Service System to

Office; effective date

-STATUTE-

Pursuant to the third sentence of section 7 of Public Law 473,

approved June 29, 1946 [section 316(b) of this Appendix], all

functions and responsibilities of the Personnel Division, National

Headquarters, Selective Service System, established under authority

of section 8(g) of the Selective Training and Service Act of 1940,

as amended [section 308(g) of this Appendix], together with so much

of the records of the Selective Service System, and so much of the

unexpended balances of appropriations of the Selective Service

System, as the Director of the Bureau of the Budget (!1) may

determine to relate primarily to such functions, are transferred,

effective March 29, 1947, from the Selective Service System to the

Secretary of Labor.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 5(a), 61 Stat. 32.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of Reorg. Plan No. 2, of 1970, eff. July

1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to

Title 5, Government Organization and Employees. Section 102 of

Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as

Office of Management and Budget.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 326 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 326. Powers and duties of Director; acceptance of voluntary

services; fiscal, disbursing, and accounting agent; status of

officers of military and naval Services and Reserves and

departments or agencies detailed to Office

-STATUTE-

(a) The Director is authorized -

(1) to prescribe the necessary rules and regulations to carry

out the provisions of this Act [sections 321 to 329 of this

Appendix];

(2) to create and establish, on the date hereinafter specified,

Federal record depots in the several States, the District of

Columbia, Territories, and possessions of the United States, and

to maintain such other offices as may be necessary for the

purposes of this Act [said sections];

(3) to utilize the agencies of the Federal Government with the

consent of the heads thereof, and to accept the services of all

officers and agents of the several States, the District of

Columbia, Territories, and possessions of the United States, and

subdivisions thereof, in the execution of this Act [said

sections];

(4) to appoint and fix the compensation of such officers and

employees (not to exceed 1,200 in number by November 1, 1947), as

may be necessary for the purposes of this Act [said sections];

(5) to delegate and provide for the delegation of any authority

vested in him under this Act [said sections] to such officers,

agents, or persons as he may designate or appoint for such

purpose or as may be designated or appointed for such purpose

pursuant to such rules and regulations as he may prescribe.

(b) In the administration of this Act [sections 321 to 329 of

this Appendix] voluntary services may be accepted.

(c) The Chief of Finance, United States Army,(!1) is designated,

empowered, and directed to act as the fiscal, disbursing, and

accounting agent of the Director of the Office of Selective Service

Records in carrying out the provisions of this Act [sections 321 to

329 of this Appendix].

(d) Any officer of the Armed Forces or any officer or employee of

any department or agency of the United States who may be assigned

or detailed to any office or position to carry out the provisions

of this Act [sections 321 to 329 of this Appendix] may serve in and

perform the functions of such office or position without loss of or

prejudice to his status as such officer of the Armed Forces or as

such officer or employee in any department or agency of the United

States.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 6, 61 Stat. 32; Pub. L. 96-513, title

V, Sec. 507(c), Dec. 12, 1980, 94 Stat. 2919.)

-COD-

CODIFICATION

Provisions of subsec. (a)(4) that authorized the Director to fix

the compensation of officers and employees "with or without regard

to the Classification Act of 1923, as amended: Provided, That the

compensation of such persons shall not be in excess of that

provided in said Act" were omitted as obsolete and superseded.

Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat.

972, 973, repealed the Classification Act of 1923 and all other

laws or parts of laws inconsistent with the 1949 Act. The

Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6,

1966, Sec. 8(a), 80 Stat. 632, and reenacted as chapter 51 and

subchapter III of chapter 53 of Title 5, Government Organization

and Employees. Section 5102 of Title 5 contains the applicability

provisions of the 1949 Act, and section 5103 of Title 5 authorizes

the Office of Personnel Management to determine the applicability

to specific positions and employees.

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-513 substituted "Any officer of

the Armed Forces" for "Any officer on the active or retired list of

the Army, Navy, Marine Corps, or Coast Guard, or of any Reserve

component thereof," and "as such officer of the Armed Forces" for

"as such officer in the Army, Navy, Marine Corps, or Coast Guard or

Reserve component thereof,".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

Pursuant to Department of Defense Reorganization Order, Jan. 10,

1962, set out as a note under section 3036 of Title 10, Armed

Forces, Office of Chief of Finance, United States Army, abolished

and functions transferred to Secretary of the Army, with power in

Secretary to delegate.

-MISC2-

REESTABLISHMENT OF OFFICES

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-FOOTNOTE-

(!1) See Transfer of Functions note below.

-End-

-CITE-

50 USC APPENDIX Sec. 327 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 327. Rules and regulations; penalties

-STATUTE-

The Director is authorized to prescribe such rules and

regulations as may be necessary to preserve the confidential nature

of the individual confidential records previously obtained under

the Selective Training and Service Act of 1940, as amended

[sections 301 to 318 of this Appendix]. Any person charged with the

duty of carrying out any of the provisions of this Act [sections

321 to 329 of this Appendix], and who fails to carry out such

provisions or who shall knowingly violate the regulations

promulgated under this section, or any person or persons who shall

unlawfully obtain, gain access to, or use such records, shall, upon

conviction in the district court of the United States having

jurisdiction thereof, be punished by imprisonment for not more than

five years, or a fine of not more than $10,000, or by both such

fine and imprisonment, or if subject to military or naval law, may

be tried by court martial, and, on conviction, shall suffer such

punishment as the court martial may direct.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 7, 61 Stat. 32.)

-MISC1-

REESTABLISHMENT OF OFFICE

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 328 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 328. Suspension of conflicting laws

-STATUTE-

Except as provided in this Act [sections 321 to 329 of this

Appendix], all laws and parts of laws in conflict with the

provisions of this Act [said sections] are suspended to the extent

of such conflict for the period in which this Act [said sections]

shall be in force.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 8, 61 Stat. 33.)

-MISC1-

REESTABLISHMENT OF OFFICE

For termination and reestablishment dates, see note set out

preceding section 321 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 329 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 329. Effective date

-STATUTE-

Except as otherwise provided by the terms of this Act [sections

321 to 329 of this Appendix], the provisions hereof shall take

effect at 12 o'clock post meridian, March 31, 1947.

-SOURCE-

(Mar. 31, 1947, ch. 26, Sec. 9, 61 Stat. 33.)

-End-

-CITE-

50 USC APPENDIX Sec. 330 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

OFFICE OF SELECTIVE SERVICE RECORDS

ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-

Sec. 330. Destruction of records; use of appropriations;

procedures; transfers to other agencies

-STATUTE-

Appropriations for the Selective Service System may on and after

August 28, 1958, be used for the destruction of records accumulated

under the Selective Training and Service Act of 1940, as amended

[sections 301 to 318 of this Appendix], by the Director of

Selective Service after compliance with the procedures for the

destruction of records prescribed pursuant to the Records Disposal

Act of 1943, as amended (44 U.S.C. 366-380): Provided, That no

records may be transferred to any other agency without the approval

of the Director of Selective Service.

-SOURCE-

(Pub. L. 85-844, title I, Aug. 28, 1958, 72 Stat. 1073.)

-REFTEXT-

REFERENCES IN TEXT

The Records Disposal Act of 1943, as amended (44 U.S.C. 366-380),

is act July 7, 1943, ch. 192, 57 Stat. 380, which enacted sections

366 to 380 of former Title 44, Public Printing and Documents.

Sections 366 to 376, and 378 to 380 of former Title 44 were

repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1306,

and reenacted as sections 3301 to 3303 and 3304 to 3314,

respectively, of Title 44, Public Printing and Documents. Sections

3304 to 3307 of Title 44 were repealed by Pub. L. 91-287, Sec.

2(c), June 23, 1970, 84 Stat. 321. Section 377 of former Title 44

was also repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82

Stat. 1306.

-COD-

CODIFICATION

Section was enacted as part of Pub. L. 85-844, known as the

Independent Offices Appropriation Act, 1959, and not as part of act

Mar. 31, 1947, ch. 26, 61 Stat. 31, which comprises sections 321 to

329 of this Appendix.

-MISC1-

PRIOR PROVISIONS

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 85-69, title I, June 29, 1957, 71 Stat. 235.

June 27, 1956, ch. 452, title I, 70 Stat. 348.

June 30, 1955, ch. 244, title I, 69 Stat. 209.

June 24, 1954, ch. 359, title I, 68 Stat. 287.

July 27, 1953, ch. 241, title I, 67 Stat. 189.

July 5, 1952, ch. 578, title I, 66 Stat. 406.

-End-

-CITE-

50 USC APPENDIX SERVICE EXTENSION ACT OF 1941 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SERVICE EXTENSION ACT OF 1941

-HEAD-

SERVICE EXTENSION ACT OF 1941

-End-

-CITE-

50 USC APPENDIX ACT AUG. 18, 1941, CH. 362, 55

STAT. 626-628 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SERVICE EXTENSION ACT OF 1941

ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-

ACT AUG. 18, 1941, CH. 362, 55 STAT. 626-628

-End-

-CITE-

50 USC APPENDIX Secs. 351 to 357 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SERVICE EXTENSION ACT OF 1941

ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-

Secs. 351 to 357. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 351, act Aug. 18, 1941, ch. 362, Sec. 1, 55 Stat. 626,

related to the declaration of national peril for purposes of

extending service under section 303(b) of this Appendix.

Section 352, act Aug. 18, 1941, ch. 362, Sec. 2, 55 Stat. 626,

authorized an eighteen-month extension of periods of service for

persons inducted under the Selective Training and Service Act of

1940, sections 301 to 318 of this Appendix.

Section 353, act Aug. 18, 1941, ch. 362, Sec. 3, 55 Stat. 626,

extended time for application for National Service Life Insurance.

Section 354, act Aug. 18, 1941, ch. 362, Sec. 4, 55 Stat. 627,

related to release from service in hardship cases.

Section 355, act Aug. 18, 1941, ch. 362, amended section 303(c)

of this Appendix.

Section 356, act Aug. 18, 1941, ch. 362, Sec. 6, 55 Stat. 627,

authorized President to order Regular Army retired personnel to

active duty. See section 471 of this Appendix.

Section 357, acts Aug. 18, 1941, ch. 362, Sec. 7, 55 Stat. 627;

Dec. 8, 1944, ch. 548, Sec. 3, 58 Stat. 799; Aug. 9, 1946, ch. 936,

60 Stat. 971, related to reemployment rights. See section 459 of

this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 358 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SERVICE EXTENSION ACT OF 1941

ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-

Sec. 358. Repealed. June 16, 1942, ch. 413, Sec. 19, 56 Stat. 369,

eff. June 1, 1942

-MISC1-

Section, act Aug. 18, 1941, ch. 362, Sec. 8, 55 Stat. 627,

related to additional compensation for active service in excess of

twelve months.

ADDITIONAL REPEAL

Section was also repealed by act Aug. 10, 1956, ch. 1041, Sec.

53, 70A Stat. 641.

-End-

-CITE-

50 USC APPENDIX Secs. 359 to 362 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

SERVICE EXTENSION ACT OF 1941

ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-

Secs. 359 to 362. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 359, acts Aug. 18, 1941, ch. 362, Sec. 9, 55 Stat. 628;

Aug. 7, 1946, ch. 770, Sec. 1(58), 60 Stat. 871, suspended

limitations on number of inductees.

Section 360, act Aug. 18, 1941, ch. 362, Sec. 10, 55 Stat. 628,

related to enlistments in Army without regard to component. See

section 3252 of Title 10, Armed Forces.

Section 361, act Aug. 18, 1941, ch. 362, Sec. 11, 55 Stat. 628,

amended section 401 of this Appendix.

Section 362, act Aug. 18, 1941, ch. 362, Sec. 12, 55 Stat. 628,

gave short title of act.

-End-

-CITE-

50 USC APPENDIX ARMY RESERVE AND RETIRED

PERSONNEL SERVICE LAW OF 1940 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940

-HEAD-

ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940

-End-

-CITE-

50 USC APPENDIX ACT AUG. 27, 1940, CH. 689, 54

STAT. 858 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940

ACT AUG. 27, 1940, CH. 689, 54 STAT. 858

-HEAD-

ACT AUG. 27, 1940, CH. 689, 54 STAT. 858

-End-

-CITE-

50 USC APPENDIX Secs. 401 to 405 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940

ACT AUG. 27, 1940, CH. 689, 54 STAT. 858

-HEAD-

Secs. 401 to 405. Omitted

-COD-

CODIFICATION

Section 401, acts Aug. 27, 1940, ch. 689, Sec. 1, 54 Stat. 858;

Aug. 18, 1941, ch. 362, Sec. 11, 55 Stat. 628, authorized for the

period ending the later of June 30, 1942, or 6 months after the

termination of the authority under section 352 of this Appendix the

President to order reserve and retired personnel to active service.

See section 471 of this Appendix.

Section 402, act Aug. 27, 1940, ch. 689, Sec. 2, 54 Stat. 859,

related to laws and regulations governing personnel called to

active service.

Section 403, acts Aug. 27, 1940, ch. 689, Sec. 3, 54 Stat. 859;

Sept. 16, 1940, ch. 720, Sec. 8(d), (f), 54 Stat. 891; July 28,

1942, ch. 529, Sec. 1, 56 Stat. 723; Dec. 8, 1944, ch. 548, Sec. 2,

58 Stat. 799, related to service and health certificates and

reemployment rights. See section 459 of this Appendix.

Section 404, act Aug. 27, 1940, ch. 689, Sec. 4, 54 Stat. 860,

made applicable the Soldiers' and Sailors' Civil Relief Act and

section 101 et seq. of this Appendix. See sections 464 and 501 et

seq. of this Appendix.

Section 405, act Aug. 27, 1940, ch. 689, Sec. 5, 54 Stat. 860,

suspended all laws in conflict with sections 401 to 405 of this

Appendix.

-MISC1-

PAY OF PERSONS INDUCTED IN ERRONEOUS RANK OR GRADE

Act Feb. 6, 1942, ch. 42, 56 Stat. 50, related to pay of persons

inducted in erroneous rank or grade under sections 401 to 405 of

this Appendix.

-End-

-CITE-

50 USC APPENDIX MILITARY SELECTIVE SERVICE ACT 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

-HEAD-

MILITARY SELECTIVE SERVICE ACT

-End-

-CITE-

50 USC APPENDIX ACT JUNE 24, 1948, CH. 625, 62

STAT. 604 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-MISC1-

Sec.

451. Short title; Congressional declaration of policy.

452. Repealed.

453. Registration.

454. Persons liable for training and service.

(a) Age limits; training in National Security

Training Corps; physical and mental fitness;

adequate training facilities; assignment to

stations and units; training period; medical

specialist categories.

(b) Length of service; release of individuals

accepted into Army National Guard, Air

National Guard, and other Reserve components.

(c) Opportunity to enlist in Regular Army;

voluntary induction; volunteers under 18 years

old.

(d) Transfer to Reserve component; period of

service.

(e) Pay and allowances.

(f) Additional compensation from civilian sources.

(g) Occupational deferment recommendations by

National Security Council.

(h) Repealed.

(i), (j) Omitted.

(k) Reduction of periods of service; establishment

of National Security Training Corps;

composition; service; pay.

(l) Terminated.

454a to 454d. Omitted.

454e. Volunteer service of physicians and dentists; minimum

period.

455. Manner of selection of men for training and service;

quotas.

456. Deferments and exemptions from training and service.

457. Repealed.

458. Bounties for induction; substitutes; purchase of

release.

459. Separation from service.

(a) Certificate recording proficiency and merit;

physical examination.

(b) Right to vote; manner; poll tax.

(c) Reports on separated personnel.

460. Selective Service System.

(a) Establishment; construction; appointment of

Director; termination and reestablishment of

Office of Selective Service Records.

(b) Administrative provisions.

(c) Delegation of President's authority.

(d) Acceptance of gifts and voluntary services.

(e) Assignment of armed forces personnel.

(f) Settlement of travel claims, etc.

(g) Reports to Congress.

(h) Maintenance of System after institution of all

volunteer program for meeting manpower needs.

461. Emergency medical care.

462. Offenses and penalties.

463. Nonapplicability of certain laws.

464. Soldiers' and Sailors' Civil Relief Act as applicable.

465. Notice of requirements of Act; voluntary enlistments

unaffected.

466. Definitions.

467. Repeals; appropriations; termination date.

468. Utilization of industry.

(a) Placement of orders; Congressional action:

notification of committees of certain proposed

payment orders, resolution of disapproval,

continuity of session, computation of period;

"small business" defined.

(b) Precedence of Government placed orders.

(c) Failure to give precedence; Government

possession.

(d) Payment of compensation by United States.

(e) Application of Federal and State laws governing

employees.

(f) Penalties.

(g) "Person" and "Government agency" defined.

(h) Rules and regulations governing steel industry;

mandatory.

469. Savings provisions.

470. Effective date.

471. Authority of President to order Reserve components to

active service; release from active duty; retention

of unit organizations and equipment.

471a. Procedural rights.

472. Period of increased service applicable to all

personnel.

473. Regulations governing liquor sales; penalties.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in section 516 of this Appendix; title 8

sections 1227, 1255a; title 10 sections 513, 1475, 12103, 12104,

12208; title 22 section 2520; title 26 section 3121; title 29

sections 2886, 2939; title 42 sections 410, 2996f.

-End-

-CITE-

50 USC APPENDIX Sec. 451 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 451. Short title; Congressional declaration of policy

-STATUTE-

(a) This Act may be cited as the "Military Selective Service

Act".

(b) The Congress declares that an adequate armed strength must be

achieved and maintained to insure the security of this Nation.

(c) The Congress further declares that in a free society the

obligations and privileges of serving in the armed forces and the

reserve components thereof should be shared generally, in

accordance with a system of selection which is fair and just, and

which is consistent with the maintenance of an effective national

economy.

(d) The Congress further declares, in accordance with our

traditional military policy as expressed in the National Defense

Act of 1916, as amended, that it is essential that the strength and

organization of the National Guard, both Ground and Air, as an

integral part of the first line defenses of this Nation, be at all

times maintained and assured.

To this end, it is the intent of the Congress that whenever

Congress shall determine that units and organizations are needed

for the national security in excess of those of the Regular

components of the Ground Forces and the Air Forces, and those in

active service under this title [sections 451 to 471a of this

Appendix], the National Guard of the United States, both Ground and

Air, or such part thereof as may be necessary, together with such

units of the Reserve components as are necessary for a balanced

force, shall be ordered to active Federal service and continued

therein so long as such necessity exists.

(e) The Congress further declares that adequate provision for

national security requires maximum effort in the fields of

scientific research and development, and the fullest possible

utilization of the Nation's technological, scientific, and other

critical manpower resources.

(f) The Congress further declares that the Selective Service

System should remain administratively independent of any other

agency, including the Department of Defense.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 1, 62 Stat. 604; June 19,

1951, ch. 144, title I, Sec. 1(a), 65 Stat. 75; Pub. L. 90-40, Sec.

1(1), June 30, 1967, 81 Stat. 100; Pub. L. 92-129, title I, Sec.

101(a)(1), Sept. 28, 1971, 85 Stat. 348; Pub. L. 96-107, title

VIII, Sec. 812, Nov. 9, 1979, 93 Stat. 816.)

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec. (a),

is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, originally

called the "Selective Service Act of 1948", renamed the "Universal

Military Training and Service Act" by act June 19, 1951, ch. 144,

title I, Sec. 1(a), 65 Stat. 75, then renamed the "Military

Selective Service Act of 1967" by Pub. L. 90-40, Sec. 1(1), June

30, 1967, 81 Stat. 100, and now designated the Military Selective

Service Act by Pub. L. 92-129, title I, Sec. 101(a)(1), Sept. 28,

1971, 85 Stat. 348. Act June 24, 1948 consisted of titles I and II.

Title I of such act enacted sections 451 to 454 and 455 to 471a of

this Appendix. Title II of such act was classified to the Articles

of War set out in former Title 10, Army and Air Force, to sections

61, 61a, 62a, 65, and 652a of former Title 10, and to section 180

of former Title 14, Coast Guard. Title II of act June 24, 1948 was

repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641.

The National Defense Act of 1916, as amended, referred to in

subsec. (d), is act June 3, 1916, ch. 134, 39 Stat. 166, as

amended, which was classified generally throughout former Title 10,

Army and Air Force. The Act was repealed by act Aug. 10, 1956, ch.

1041, Sec. 53, 70A Stat. 641, and the provisions thereof were

reenacted as parts of Title 10, Armed Forces, and Title 32,

National Guard.

-MISC1-

AMENDMENTS

1979 - Subsec. (f). Pub. L. 96-107 added subsec. (f).

1971 - Subsec. (a). Pub. L. 92-129 substituted "Military

Selective Service Act" for "Military Selective Service Act of

1967".

1967 - Subsec. (a). Pub. L. 90-40 substituted "Military Selective

Service Act of 1967" for "Universal Military Training and Service

Act".

1951 - Subsec. (a). Act June 19, 1951, substituted "Universal

Military Training and Service Act" for "Selective Service Act of

1948".

SHORT TITLE OF 1969 AMENDMENT

Pub. L. 91-124, Sec. 1, Nov. 26, 1969, 83 Stat. 220, provided:

"That this Act [amending section 455 of this Appendix] may be cited

as the 'Selective Service Amendment Act of 1969'."

SHORT TITLE OF 1955 AMENDMENT

Act June 30, 1955, ch. 250, Sec. 1, 69 Stat. 223, provided: "That

this Act [amending sections 454, 454a, 456, 467, and 2216 of this

Appendix, and section 234 of former Title 37, Pay and Allowances]

may be cited as the '1955 Amendments to the Universal Military

Training and Service Act'."

SHORT TITLE OF 1951 AMENDMENT

Section 7 of title I of act June 19, 1951, provided that: "This

title [enacting sections 472 and 473 of this Appendix, amending

this section and sections 452 to 454, 455, 456, 459, 460, 463, 466,

467, and 471 of this Appendix, repealing section 457 of this

Appendix, enacting provisions set out as notes under this section,

and amending provisions set out as notes under section 454 of this

Appendix and section 351 of Title 14, Coast Guard] may be cited as

the '1951 Amendments to the Universal Military Training and Service

Act'."

SHORT TITLE OF 1950 AMENDMENTS

Act Sept. 9, 1950, ch. 939, 64 Stat. 826, which amended section

454 of this Appendix, is popularly known as the "Doctors Draft

Act".

Act June 30, 1950, ch. 445, Sec. 4, 64 Stat. 319, provided that:

"This Act [enacting section 471 and amending sections 460 and 467

of this Appendix] may be cited as the 'Selective Service Extension

Act of 1950'."

SEPARABILITY

Section 5 of act June 19, 1951, provided that: "If any provisions

of this Act [enacting sections 472 and 473 of this Appendix,

amending this section, sections 452 to 454, 455, 456, 459, 460,

463, 466, 467, and 471 of this Appendix, and section 621c of former

Title 10, Army and Air Force, repealing section 457 of this

Appendix, enacting provisions set out as notes under this section,

and amending provisions set out as notes under section 454 of this

Appendix and section 351 of Title 14, Coast Guard] or the

application thereof to any person or circumstances is held invalid,

the validity of the remainder of the Act and of the application of

such provision to other persons and circumstances shall not be

affected thereby."

SELECTIVE SERVICE REFORM; PRESIDENTIAL PLAN, LEGISLATIVE PROPOSALS,

ETC.

Section 811 of Pub. L. 96-107 directed President to prepare and

transmit to Congress a plan for reform of law providing for

registration and induction of persons in the Armed Forces, along

with proposals for implementing legislation, on the later of Jan.

15, 1980, or the end of the three-month period beginning on Nov. 9,

1979.

-End-

-CITE-

50 USC APPENDIX Sec. 452 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 452. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, acts June 24, 1948, ch. 625, title I, Sec. 2, 62 Stat.

605; June 19, 1951, ch. 144, title I, Sec. 1(b), 65 Stat. 75,

related to authorized personnel strength of various services.

-End-

-CITE-

50 USC APPENDIX Sec. 453 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 453. Registration

-STATUTE-

(a) Except as otherwise provided in this title [sections 451 to

471a of this Appendix] it shall be the duty of every male citizen

of the United States, and every other male person residing in the

United States, who, on the day or days fixed for the first or any

subsequent registration, is between the ages of eighteen and

twenty-six, to present himself for and submit to registration at

such time or times and place or places, and in such manner, as

shall be determined by proclamation of the President and by rules

and regulations prescribed hereunder. The provisions of this

section shall not be applicable to any alien lawfully admitted to

the United States as a nonimmigrant under section 101(a)(15) of the

Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C.

1101), for so long as he continues to maintain a lawful

nonimmigrant status in the United States.

(b) Regulations prescribed pursuant to subsection (a) may require

that persons presenting themselves for and submitting to

registration under this section provide, as part of such

registration, such identifying information (including date of

birth, address, and social security account number) as such

regulations may prescribe.

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 3, 62 Stat. 605; June 19,

1951, ch. 144, title I, Sec. 1(c), 65 Stat. 76; Pub. L. 92-129,

title I, Sec. 101(a)(2), Sept. 28, 1971, 85 Stat. 348; Pub. L.

97-86, title IX, Sec. 916(a), Dec. 1, 1981, 95 Stat. 1129.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-86 designated existing provisions as subsec.

(a) and added subsec. (b).

1971 - Pub. L. 92-129 substituted "male person residing in the

United States" for "male person now or hereafter in the United

States" and inserted provision making section inapplicable to

aliens lawfully admitted to the United States as nonimmigrants

under section 1101(a)(15) of Title 8 for so long as they maintain

lawful nonimmigrant status in the United States.

1951 - Act June 19, 1951, made all male persons now or hereafter

in the United States subject to registration.

-EXEC-

PROCLAMATION NO. 2799

Proc. No. 2799, July 20, 1948, 13 F.R. 4173, 62 Stat. 1531, which

related to registration, was revoked by Proc. No. 4360, Mar. 29,

1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 2937

Proc. No. 2937, Aug. 16, 1951, 16 F.R. 8263, 65 Stat. c.27, which

related to registration in the Canal Zone, was revoked by Proc. No.

4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 2938

Proc. No. 2938, Aug. 16, 1951, 16 F.R. 8265, 65 Stat. c.30, which

related to registration in Guam, was revoked by Proc. No. 4360,

Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 2942

Proc. No. 2942, Aug. 30, 1951, 16 F.R. 8969, 65 Stat. c.35, which

concerned the supplementing of prior Proclamations relating to

registration, was revoked by Proc. No. 4360, Mar. 29, 1975, 40 F.R.

14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 2972

Proc. No. 2972, Apr. 17, 1952, 17 F.R. 3473, 66 Stat. c.28, which

related to extra registration, was revoked by Proc. No. 4360, Mar.

29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 3314

Proc. No. 3314, Sept. 14, 1959, 24 F.R. 7517, 73 Stat. c.78,

which concerned the supplementing of prior Proclamations relating

to registration, was revoked by Proc. No. 4360, Mar. 29, 1975, 40

F.R. 14567, 89 Stat. 1255, set out below.

PROCLAMATION NO. 4101

Proc. No. 4101, Jan. 13, 1972, 37 F.R. 659, which concerned the

supplementing of prior Proclamations relating to registration, was

revoked by Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat.

1255, set out below.

PROC. NO. 4360. TERMINATION OF REGISTRATION PROCEDURES

Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255,

provided:

Under authority vested in the President by the Military Selective

Service Act (62 Stat. 604), as amended [see References In Text note

set out under section 451 of this Appendix], procedures have been

established for the registration of male citizens of the United

States and of other male persons who are subject to registration

under section 3 of said act, as amended (85 Stat. 348) [this

section].

In order to evaluate an annual registration system, existing

procedures are being terminated and will be replaced by new

procedures which will provide for periodic registration.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States

of America, by virtue of the authority vested in me by the

Constitution and the statutes of the United States, including the

Military Selective Service Act, as amended, do hereby revoke

Proclamations No. 2799 of July 20, 1948, No. 2937 of August 16,

1951, No. 2938 of August 16, 1951, No. 2942 of August 30, 1951, No.

2972 of April 17, 1952, No. 3314 of September 14, 1959, and No.

4101 of January 13, 1972; thereby terminating the present

procedures for registration under the Military Selective Service

Act, as amended.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth

day of March in the year of our Lord nineteen hundred seventy-five,

and of the Independence of the United States of America the one

hundred ninety-ninth.

Gerald R. Ford.

PROC. NO. 4771. REGISTRATION UNDER THE SELECTIVE SERVICE ACT

Proc. No. 4771, July 2, 1980, 45 F.R. 45247, 94 Stat. 3775, as

amended by Proc. No. 7275, Feb. 22, 2000, 65 F.R. 9199, provided:

Section 3 of the Military Selective Service Act, as amended (50

U.S.C. App. 453), provides that male citizens of the United States

and other male persons residing in the United States who are

between the ages of 18 and 26, except those exempted by Sections 3

and 6(a) of the Military Selective Service Act [50 U.S.C. App. 453

and 456(a)], must present themselves for registration at such time

or times and place or places, and in such manner as determined by

the President. Section 6(k) [50 U.S.C. App. 456(k)] provides that

such exceptions shall not continue after the cause for the

exemption ceases to exist.

The Congress of the United States has made available the funds

(H.J. Res. 521, approved by me on June 27, 1980 [Pub. L. 96-282,

June 27, 1980, 93 Stat. 552]), which are needed to initiate this

registration, beginning with those born on or after January 1,

1960.

NOW, THEREFORE, I, JIMMY CARTER, President of the United States

of America, by the authority vested in me by the Military Selective

Service Act, as amended (50 U.S.C. App. 451 et seq.), do hereby

proclaim as follows:

-MISC2-

1-1. PERSONS TO BE REGISTERED AND DAYS OF REGISTRATION

1-101. Male citizens of the United States and other males

residing in the United States, unless exempted by the Military

Selective Service Act, as amended, who were born on or after

January 1, 1960, and who have attained their eighteenth birthday,

shall present themselves for registration in the manner and at the

time and places as hereinafter provided.

1-102. Persons born in calendar year 1960 shall present

themselves for registration on any of the six days beginning

Monday, July 21, 1980.

1-103. Persons born in calendar year 1961 shall present

themselves for registration on any of the six days beginning

Monday, July 28, 1980.

1-104. Persons born in calendar year 1962 shall present

themselves for registration on any of the six days beginning

Monday, January 5, 1981.

1-105. Persons born on or after January 1, 1963, shall present

themselves for registration on the day they attain the 18th

anniversary of their birth or on any day within the period of 60

days beginning 30 days before such date; however, in no event shall

such persons present themselves for registration prior to January

5, 1981.

1-106. Aliens who would be required to present themselves for

registration pursuant to Sections 1-101 to 1-105, but who are in

processing centers on the dates fixed for registration, shall

present themselves for registration within 30 days after their

release from such centers.

1-107. Aliens and noncitizen nationals of the United States who

reside in the United States, but who are absent from the United

States on the days fixed for their registration, shall present

themselves for registration within 30 days after their return to

the United States.

1-108. Aliens and noncitizen nationals of the United States who,

on or after July 1, 1980, come into and reside in the United States

shall present themselves for registration in accordance with

Sections 1-101 to 1-105 or within 30 days after coming into the

United States, whichever is later.

1-109. Persons who would have been required to present themselves

for registration pursuant to Sections 1-101 to 1-108 but for an

exemption pursuant to Section 3 or 6(a) of the Military Selective

Service Act, as amended [50 U.S.C. App. 453 or 456(a)], or but for

some condition beyond their control such as hospitalization or

incarceration, shall present themselves for registration within 30

days after the cause for their exempt status ceases to exist or

within 30 days after the termination of the condition which was

beyond their control.

1-2. PLACES AND TIMES FOR REGISTRATION

1-201. Persons who are required to be registered and who are in

the United States shall register at the places and by the means

designated by the Director of Selective Service. These places and

means may include but are not limited to any classified United

States Post Office, the Selective Service Internet web site,

telephonic registration, registration on approved Government forms,

registration through high school and college registrars, and the

Selective Service reminder mailback card.

1-202. Citizens of the United States who are required to be

registered and who are not in the United States, shall register via

any of the places and methods authorized by the Director of

Selective Service pursuant to paragraph 1-201 or present themselves

at a United States Embassy or Consulate for registration before a

diplomatic or consular officer of the United States or before a

registrar duly appointed by a diplomatic or consular officer of the

United States.

1-203. The hours for registration in United States Post Offices

shall be the business hours during the days of operation of the

particular United States Post Office. The hours for registration in

United States Embassies and Consulates shall be those prescribed by

the United States Embassies and Consulates.

1-3. MANNER OF REGISTRATION

1-301. Persons who are required to be registered shall comply

with the registration procedures and other rules and regulations

prescribed by the Director of Selective Service.

1-302. When reporting for registration each person shall present

for inspection reasonable evidence of his identity. After

registration, each person shall keep the Selective Service System

informed of his current address.

Having proclaimed these requirements for registration, I urge

everyone, including employers in the private and public sectors, to

cooperate with and assist those persons who are required to be

registered in order to ensure a timely and complete registration.

Also, I direct the heads of Executive agencies, when requested by

the Director of Selective Service and to the extent permitted by

law, to cooperate and assist in carrying out the purposes of this

Proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand this second day

of July, in the year of our Lord nineteen hundred and eighty, and

of the Independence of the United States of America the two hundred

and fourth.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 456, 462, 465 of

this Appendix; title 5 section 3328; title 29 section 2939; title

42 sections 292d, 292r.

-End-

-CITE-

50 USC APPENDIX Sec. 454 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

MILITARY SELECTIVE SERVICE ACT

ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-

Sec. 454. Persons liable for training and service

-STATUTE-

(a) Age limits; training in National Security Training Corps;

physical and mental fitness; adequate training facilities;

assignment to stations and units; training period; medical

specialist categories

Except as otherwise provided in this title [sections 451 to 471a

of this Appendix], every person required to register pursuant to

section 3 of this title [section 453 of this Appendix] who is

between the ages of eighteen years and six months and twenty-six

years, at the time fixed for his registration, or who attains the

age of eighteen years and six months after having been required to

register pursuant to section 3 of this title [section 453 of this

Appendix], or who is otherwise liable as provided in section 6(h)

of this title [section 456(h) of this Appendix], shall be liable

for training and service in the Armed Forces of the United States:

Provided, That each registrant shall be immediately liable for

classification and examination, and shall, as soon as practicable

following his registration, be so classified and examined, both

physically and mentally, in order to determine his availability for

induction for training and service in the Armed Forces: Provided

further, That, notwithstanding any other provision of law, any

registrant who has failed or refused to report for induction shall

continue to remain liable for induction and when available shall be

immediately inducted. The President is authorized, from time to

time, whether or not a state of war exists, to select and induct

into the Armed Forces of the United States for training and service

in the manner provided in this title [said sections] (including but

not limited to selection and induction by age group or age groups)

such number of persons as may be required to provide and maintain

the strength of the Armed Forces.

At such time as the period of active service in the Armed Forces

required under this title [said sections] of persons who have not

attained the nineteenth anniversary of the day of their birth has

been reduced or eliminated pursuant to the provisions of section

4(k) of this title [subsection (k) of this section], and except as

otherwise provided in this title [said sections], every person who

is required to register under this title [said sections] and who

has not attained the nineteenth anniversary of the day of his birth

on the date such period of active service is reduced or eliminated

or who is otherwise liable as provided in section 6(h) of this

title [section 456(h) of this Appendix], shall be liable for

training in the National Security Training Corps: Provided, That

persons deferred under the provisions of section 6 of this title

[section 456 of this Appendix] shall not be relieved from liability

for induction into the National Security Training Corps solely by

reason of having exceeded the age of nineteen years during the

period of such deferment. The President is authorized, from time to

time, whether or not a state of war exists, to select and induct

for training in the National Security Training Corps as hereinafter

provided such number of persons as may be required to further the

purposes of this title [said sections].

No person shall be inducted into the Armed Forces for training

and service or shall be inducted for training in the National

Security Training Corps under this title [said sections] until his

acceptability in all respects, including his physical and mental

fitness, has been satisfactorily determined under standards

prescribed by the Secretary of Defense: Provided, That the minimum

standards for physical acceptability established pursuant to this

subsection shall not be higher than those applied to persons

inducted between the ages of 18 and 26 in January 1945: Provided

further, That the passing requirement for the Armed Forces

Qualification Test shall be fixed at a percentile score of 10

points: And provided further, That except in time of war or

national emergency declared by the Congress the standards and

requirements fixed by the preceding two provisos may be modified by

the President under such rules and regulations as he may prescribe.

No persons shall be inducted for such training and service until

adequate provision shall have been made for such shelter, sanitary

facilities, water supplies, heating and lighting arrangements,

medical care, and hospital accommodations for such persons as may

be determined by the Secretary of Defense or the Secretary of

Homeland Security to be essential to the public and personal

health.

The persons inducted into the Armed Forces for training and

service under this title [said sections] shall be assigned to

stations or units of such forces. Persons inducted into the land

forces of the United States pursuant to this title [said sections]

shall be deemed to be members of the Army of the United States;

persons inducted into the naval forces of the United States

pursuant to this title [said sections] shall be deemed to be

members of the United States Navy or the United States Marine Corps

or the United States Coast Guard, as appropriate; and persons

inducted into the air forces of the United States pursuant to this

title [said sections] shall be deemed to be members of the Air

Force of the United States.

Every person inducted into the Armed Forces pursuant to the

authority of this subsection after the date of enactment of the

1951 Amendments to the Universal Military Training and Service Act

[June 19, 1951] shall, following his induction, be given full and

adequate military training for service in the armed force into

which he is inducted for a period of not less than twelve weeks,

and no such person shall, during this twelve weeks period, be

assigned for duty at any installation located on land outside the

United States, its Territories and possessions (including the Canal

Zone): Provided, That no funds appropriated by the Congress shall

be used for the purpose of transporting or maintaining in violation

of the provisions of this paragraph any person inducted into, or

enlisted, appointed, or ordered to active duty in, the Armed Forces

under the provisions of this title [said sections].

No person, without his consent, shall be inducted for training

and service in the Armed Forces or for training in the National

Security Training Corps under this title [said sections], except as

otherwise provided herein, after he has attained the twenty-sixth

anniversary of the day of his birth.

(b) Length of service; release of individuals accepted into Army

National Guard, Air National Guard, and other Reserve components

Each person inducted into the Armed Forces under the provisions

of subsection (a) of this section shall serve on active training

and service for a period of twenty-four consecutive months, unless

sooner released, transferred, or discharged in accordance with

procedures prescribed by the Secretary of Defense (or the Secretary

of Homeland Security with respect to the United States Coast Guard)

or as otherwise prescribed by subsection (d) of section 4 of this

title [subsection (d) of this section]. The Secretaries of the

Army, Navy, and Air Force, with the approval of the Secretary of

Defense (and the Secretary of Homeland Security with respect to the

United States Coast Guard), may provide, by regulations which shall

be as nearly uniform as practicable, for the release from training

and service in the armed forces prior to serving the periods

required by this subsection of individuals who volunteered for and

are accepted into organized units of the Army National Guard and

Air National Guard and other reserve components.

(c) Opportunity to enlist in Regular Army; voluntary induction;

volunteers under 18 years old

(1) Under the provisions of applicable laws and regulations any

person between the ages of eighteen years and six months and

twenty-six years shall be offered an opportunity to enlist in the

regular army for a period of service equal to that prescribed in

subsection (b) of this section: Provided, That, notwithstanding the

provisions of this or any other Act, any person so enlisting shall

not have his enlistment extended without his consent until after a

declaration of war or national emergency by the Congress after the

date of enactment of the 1951 Amendments to the Universal Military

Training and Service Act [June 19, 1951].

(2) Any enlisted member of any reserve component of the Armed

Forces may, during the effective period of this Act, apply for a

period of service equal to that prescribed in subsection (b) of

this section and his application shall be accepted: Provided, That

his services can be effectively utilized and that his physical and

mental fitness for such service meet the standards prescribed by

the head of the department concerned: Provided further, That active

service performed pursuant to this section shall not prejudice his

status as such member of such reserve component: And provided

further, That any person who was a member of a reserve component on

June 25, 1950, and who thereafter continued to serve satisfactorily

in such reserve component, shall, if his application for active

duty made pursuant to this paragraph is denied, be deferred from

induction under this title [sections 451 to 471a of this Appendix]

until such time as he is ordered to active duty or ceases to serve

satisfactorily in such reserve component.

(3) Within the limits of the quota determined under sections 5(b)

[section 455(b) of this Appendix] for the subdivision in which he

resides, any person, between the ages of eighteen and twenty-six,

shall be afforded an opportunity to volunteer for induction into

the Armed Forces of the United States for the training and service

prescribed in subsection (b), but no person who so volunteers shall

be inducted for such training and service so long as he is deferred

after classification.

(4) Within the limits of the quota determined under section 5(b)

[section 455(b) of this Appendix] for the subdivision in which he

resides, any person after attaining the age of seventeen shall with

the written consent of his parents or guardian be afforded an

opportunity to volunteer for induction into the Armed Forces of the

United States for the training and service prescribed in subsection

(b).

(5) Within the limits of the quota determined under section 5(b)

[section 455(b) of this Appendix] for the subdivision in which he

resides, at such time as induction into the National Security

Training Corps is authorized pursuant to the provisions of this

title [sections 451 to 471a of this Appendix], any person after

attaining the age of seventeen shall with the written consent of

his parents or guardian be afforded an opportunity to volunteer for

induction into the National Security Training Corps for the

training prescribed in subsection (k) of section 4 of this title

[subsection (k) of this section].

(d) Transfer to Reserve component; period of service

(1) Each person who hereafter and prior to the enactment of the

1951 Amendments to the Universal Military Training and Service Act

[June 19, 1951] is inducted, enlisted, or appointed and serves for

a period of less than three years in one of the armed forces and

meets the qualifications for enlistment or appointment in a reserve

component of the armed force in which he serves, shall be

transferred to a reserve component of such armed force, and until

the expiration of a period of five years after such transfer, or

until he is discharged from such reserve component, whichever

occurs first, shall be deemed to be a member of such reserve

component and shall be subject to such additional training and

service as may now or hereafter be prescribed by law for such

reserve component: Provided, That any such person who completes at

least twenty-one months of service in the armed forces and who

thereafter serves satisfactorily (1) on active duty in the armed

forces under a voluntary extension for a period of at least one

year, which extension is authorized, or (2) in an organized unit of

any reserve component of any of the armed forces for a period of at

least thirty-six consecutive months, shall, except in time of war

or national emergency declared by the Congress, be relieved from

any further liability under this subsection to serve in any reserve

component of the armed forces of the United States, but nothing in

this subsection shall be construed to prevent any such person,

while in a reserve component of such forces, from being ordered or

called to active duty in such forces.

(2) Each person who hereafter and prior to the enactment of the

1951 Amendments to the Universal Military Training and Service Act

[June 19, 1951] is enlisted under the provisions of subsection (g)

of this section and who meets the qualifications for enlistment or

appointment in a reserve component of the armed forces shall, upon

discharge from such enlistment under honorable conditions, be

transferred to a reserve component of the armed forces of the

United States and shall serve therein for a period of six years or

until sooner discharged. Each such person shall, so long as he is a

member of such reserve component, be liable to be ordered to active

duty, but except in time of war or national emergency declared by

the Congress no such person shall be ordered to active duty,

without his consent and except as hereinafter provided, for more

than one month in any year. In case the Secretary of the Army, the

Secretary of the Navy, or the Secretary of the Air Force determines

that enlistment, enrollment, or appointment in, or assignment to,

an organized unit of a reserve component or an officers' training

program of the armed force in which he served is available to, and

can without undue hardship be filled by, any such person, it shall

be the duty of such person to enlist, enroll, or accept appointment

in, or accept assignment to, such organized unit or officers'

training program and to serve satisfactorily therein for a period

of four years. Any such person who fails or refuses to perform such

duty may be ordered to active duty, without his consent, for an

additional period of not more than twelve consecutive months. Any

such person who enlists or accepts appointment in any such

organized unit and serves satisfactorily therein for a period of

four years shall, except in time of war or national emergency

declared by the Congress, be relieved from any further liability

under this subsection to serve in any reserve component of the

armed forces of the United States, but nothing in this subsection

shall be construed to prevent any such person, while in a reserve

component of such forces, from being ordered or called to active

duty in such forces. The Secretary of Defense is authorized to

prescribe regulations governing the transfer of such persons within

and between reserve components of the armed forces and determining,

for the purpose of the requirements of the foregoing provisions of

this paragraph, the credit to be allowed any person so transferring

for his previous service in one or more reserve components.

(3) Each person who, subsequent to June 19, 1951, and on or

before August 9, 1955, is inducted, enlisted, or appointed, under

any provision of law, in the Armed Forces, including the reserve

components thereof, or in the National Security Training Corps

prior to attaining the twenty-sixth anniversary of his birth, shall

be required to serve on active training and service in the Armed

Forces or in training in the National Security Training Corps, and

in a reserve component, for a total period of eight years, unless

sooner discharged on grounds of personal hardship, in accordance

with regulations and standards prescribed by the Secretary of

Defense (or the Secretary of Transportation with respect to the

United States Coast Guard). Each such person, on release from

active training and service in the Armed Forces or from training in

the National Security Training Corps, shall, if physically and

mentally qualified, be transferred to a reserve component of the

Armed Forces, and shall serve therein for the remainder of the

period which he is required to serve under this paragraph and shall

be deemed to be a member of the reserve component during that

period. If the Secretary of the Army, the Secretary of the Navy, or

the Secretary of the Air Force, or the Secretary of Transportation

with respect to the United States Coast Guard, determines that

enlistment, enrollment, or appointment in, or assignment to, an

organized unit of a reserve component or an officers' training

program of the armed force in which he served is available to, and

can, without undue personal hardship, be filled by such a person,

that person shall enlist, enroll, or accept appointment in, or

accept assignment to, the organized unit or officers' training

program, and serve satisfactorily therein.

(e) Pay and allowances

With respect to the persons inducted for training and service

under this title [sections 451 to 471a of this Appendix] there

shall be paid, allowed, and extended the same pay, allowances,

pensions, disability and death compensation, and other benefits as

are provided by law in the case of other enlisted men of like

grades and length of service of that component of the armed forces

to which they are assigned. Section 3 of the Act of July 25, 1947

(Public Law 239, Eightieth Congress), is amended by deleting

therefrom the following: "Act of March 7, 1942 (56 Stat. 143 to

148, ch. 166), as amended". The Act of March 7, 1942 (56 Stat. 143

to 148), as amended, is made applicable to persons inducted into

the armed forces pursuant to this title [said sections].

(f) Additional compensation from civilian sources

Notwithstanding any other provision of law, any person who is

inducted into the armed forces under this Act and who, before being

inducted, was receiving compensation from any person may, while

serving under that induction, receive compensation from that

person.

(g) Occupational deferment recommendations by National Security

Council

The National Security Council shall periodically advise the

Director of the Selective Service System and coordinate with him

the work of such State and local volunteer advisory committees

which the Director of Selective Service may establish, with respect

to the identification, selection, and deferment of needed

professional and scientific personnel and those engaged in, and

preparing for, critical skills and other essential occupations. In

the performance of its duties under this subsection the National

Security Council shall consider the needs of both the Armed Forces

and the civilian segment of the population.

(h) Repealed. June 19, 1951, ch. 144, title I, Sec. 1(h), 65 Stat.

80

(i), (j) Omitted

(k) Reduction of periods of service; establishment of National

Security Training Corps; composition; service; pay

(1) Upon a finding by him that such action is justified by the

strength of the Armed Forces in the light of international

conditions, the President, upon recommendation of the Secretary of

Defense, is authorized, by Executive order, which shall be uniform

in its application to all persons inducted under this title

[sections 451 to 471a of this Appendix] but which may vary as to

age groups, to provide for (A) decreasing periods of service under

this title [said sections] but in no case to a lesser period of

time than can be economically utilized, or (B) eliminating periods

of service required under this title [said sections].

(2) Whenever the Congress shall by concurrent resolution declare

-

(A) that the period of active service required of any age group

or groups of persons inducted under this title [said sections]

should be decreased to any period less than twenty-four months

which may be designated in such resolution; or

(B) that the period of active service required of any age group

or groups of persons inducted under this title [said sections]

should be eliminated,

the period of active service in the Armed Forces of the age group

or groups designated in any such resolution shall be so decreased

or eliminated, as the case may be. Whenever the period of active

service required under this title [said sections] of persons who

have not attained the nineteenth anniversary of the day of their

birth has been reduced or eliminated by the President or as a

result of the adoption of a concurrent resolution of the Congress

in accordance with the foregoing provisions of this section, all

individuals then or thereafter liable for registration under this

title [said sections] who on that date have not attained the

nineteenth anniversary of the day of their birth and have not been

inducted into the Armed Forces shall be liable, effective on such

date, for induction into the National Security Training Corps as

hereinafter established for initial military training for a period

of six months.

(3), (4) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 656.

(5) The Commission shall, subject to the direction of the

President, exercise general supervision over the training of the

National Security Training Corps, which training shall be basic

military training. The Commission shall establish such policies and

standards with respect to the conduct of the training of members of

the National Security Training Corps as are necessary to carry out

the purposes of this Act. The Commission shall make adequate

provisions for the moral and spiritual welfare of members of the

National Security Training Corps. The Secretary of Defense shall

designate the military departments to carry out such training. Each

military department so designated shall carry out such military

training in accordance with the policies and standards of the

Commission. The military department or departments so designated to

carry out such military training shall, subject to the approval of

the Secretary of Defense, and subject to the policies and standards

established by the Commission, determine the type or types of basic

military training to be given to members of the National Security

Training Corps.

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

656.

(7) Not later than four months following confirmation of the

members of the Commission, the Commission shall submit to the

Congress legislative recommendations which shall include, but not

be limited to -

(A) a broad outline for a program deemed by the Commission and

approved by the Secretary of Defense to be appropriate to assure

that the training carried out under the provisions of this Act

shall be of a military nature, but nothing contained in this

paragraph shall be construed to grant to the Commission the

authority to prescribe the basic type or types of military

training to be given members of the National Security Training

Corps;

(B) measures for the personal safety, health, welfare and

morals of members of the National Security Training Corps;

(C) a code of conduct, together with penalties for violation

thereof;

(D) measures deemed necessary to implement the policies and

standards established under the provisions of paragraph (5) of

this subsection; and

(E) disability and death benefits and other benefits, and the

obligations, duties, liabilities and responsibilities, to be

granted to or imposed upon members of the National Security

Training Corps.

All legislative recommendations submitted under this paragraph

shall be referred to the Committees on Armed Services of the two

Houses, and each of such committees shall, not later than the

expiration of the first period of 45 calendar days of continuous

sessions of the Congress, following the date on which the

recommendations provided for in this paragraph are transmitted to

the Congress, report thereon to its House: Provided, That any bill

or resolution reported with respect to such recommendations shall

be privileged and may be called up by any member of either House

but shall be subject to amendment as if it were not so privileged.

(8) No person shall be inducted into the National Security

Training Corps until after -

(A) a code of conduct, together with penalties for violation

thereof, and measures providing for disability and death benefits

have been enacted into law; and

(B) such other legislative recommendations as are provided for

in paragraph (7) shall have been considered and such

recommendations or any portion thereof shall have been enacted

with or without amendments into law; and

(C) the period of service required under this title [sections

451 to 471a of this Appendix] of persons who have not attained

the nineteenth anniversary of the day of their birth has been

reduced or eliminated by the President or as a result of the

adoption of a concurrent resolution of the Congress in accordance

with paragraph (2) of this subsection.

(9) Six months following the commencement of induction of persons

into the National Security Training Corps, and semiannually

thereafter, the Commission shall submit to the Congress a

comprehensive report describing in detail the operation of the

National Security Training Corps, including the number of persons

inducted therein, a list of camps and stations at which training is

being conducted, a report on the number of deaths and injuries

occurring during such training and the causes thereof, an estimate

of the performance of the persons inducted therein, including an

analysis of the disciplinary problems encountered during the

preceding six months, the number of civilian employees of the

Commission and the administrative costs of the Commission.

Simultaneously, there shall be submitted to the Congress by the

Secretary of Defense a report setting forth an estimate of the

value of the training conducted during the preceding six months,

the cost of the training program chargeable to the appropriations

made to the Department of Defense, and the number of personnel of

the Armed Forces directly engaged in the conduct of such training.

(10) Each person inducted into the National Security Training

Corps shall be compensated at the monthly rate of $30: Provided,

however, That each such person, having a dependent or dependents

shall be entitled to receive a dependency allowance equal to the

basic allowance for housing provided for persons in pay grade E-1

under section 403 of title 37 plus $40 so long as such person has

in effect an allotment equal to the amount of such dependency

allowance for the support of the dependent or dependents on whose

account the allowance is claimed.

(11) No person inducted into the National Security Training Corps

shall be assigned for training at an installation located on land

outside the continental United States, except that residents of

Territories and possessions of the United States may be trained in

the Territory or possession from which they were inducted.

(l) Terminated

-SOURCE-

(June 24, 1948, ch. 625, title I, Sec. 4, 62 Stat. 605; Sept. 9,

1950, ch. 939, Sec. 1, 64 Stat. 826; Sept. 27, 1950, ch. 1059,

Secs. 1(1)-(5), 3(a), 64 Stat. 1073; June 19, 1951, ch. 144, title

I, Sec. 1(d)-(j), 65 Stat. 76; July 9, 1952, ch. 608, pt. VIII,

Sec. 813, 66 Stat. 509; June 29, 1953, ch. 158, Secs. 1, 2, 6, 67

Stat. 86, 89; June 30, 1955, ch. 250, title II, Sec. 202, 69 Stat.

224; Aug. 9, 1955, ch. 665, Sec. 3(a), 69 Stat. 602; Aug. 10, 1956,

ch. 1041, Secs. 22(a)-(c), 53, 70A Stat. 630, 641; Pub. L. 85-62,

Secs. 1-3, June 27, 1957, 71 Stat. 206, 207; Pub. L. 85-564, July

28, 1958, 72 Stat. 424; Pub. L. 85-861, Secs. 9, 36A, Sept. 2,

1958, 72 Stat. 1556, 1569; Pub. L. 87-651, title III, Sec. 301,

Sept. 7, 1962, 76 Stat. 524; Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 656; Pub. L. 90-40, Sec. 1(2), June 30, 1967, 81

Stat. 100; Pub. L. 92-129, title I, Sec. 101(a)(3)-(7), Sept. 28,

1971, 85 Stat. 348, 349; Pub. L. 94-106, title VIII, Sec. 802(c),

Oct. 7, 1975, 89 Stat. 537; Pub. L. 105-85, div. A, title VI, Sec.

603(d)(5), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 107-296, title

XVII, Sec. 1704(e)(11)(A), (B), Nov. 25, 2002, 116 Stat. 2315.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (c)(1), (2), (f), and (k)(5),

(7)(A), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,

known as the Military Selective Service Act. For complete

classification of this Act to the Code, see References in Text note

set out under section 451 of this Appendix and Tables.

The effective period of this Act, referred to in subsec. (c)(2),

is set out in section 467 of this Appendix.

Section 3 of the Act of July 25, 1947 (Public Law 239, Eightieth

Congress), referred to in subsec. (e), is section of act July 25,

1947, ch. 327, 61 Stat. 451, which is not classified to the Code.

Act of March 7, 1942 (56 Stat. 143 to 148), as amended, referred

to in subsec. (e), popularly known as the Missing Persons Act, was

classified to sections 1001 to 1018 of this Appendix. The Act was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as subchapter VII of chapter 55 of Title 5,

Government Organization and Employees, and chapter 10 of Title 37,

Pay and Allowances of the Uniformed Services.

Subsection (g) of this section, referred to in subsec. (d)(2),

refers to the subsection (g) that was repealed by act June 19,

1951, Sec. 1(h).

The Commission, referred to in subsec. (k)(5), means the National

Security Training Commission, which expired June 30, 1957, pursuant

to letter of the President on Mar. 25, 1957, following the

Commission's own recommendation for its termination.

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation" wherever appearing.

1997 - Subsec. (k)(10). Pub. L. 105-85 substituted "shall be

entitled to receive a dependency allowance equal to the basic

allowance for housing provided for persons in pay grade E-1 under

section 403 of title 37" for "as such terms are defined in the

Career Compensation Act of 1949, shall be entitled to receive a

dependency allowance equal to the sum of the basic allowance for

quarters provided for persons in pay grade E-1 by section 302(f) of

the Career Compensation Act of 1949 as amended by section 3 of the

Dependents' Assistance Act of 1950 as may be extended or amended".

1975 - Subsec. (a). Pub. L. 94-106 in paragraph relating to

military training for persons inducted after June 19, 1951, for

service in the armed force into which they were inducted,

substituted twelve weeks for four months in two places.

1971 - Subsec. (a). Pub. L. 92-129, Sec. 101(a)(3), (4), struck

out provisions which had given special coverage for male aliens and

substituted "Secretary of Transportation" for "Secretary of the

Treasury".

Subsec. (b). Pub. L. 92-129, Sec. 101(a)(5), substituted

"Secretary of Transportation" for "Secretary of the Treasury".

Subsec. (d)(1). Pub. L. 92-129, Sec. 101(a)(6), struck out

"(except a person enlisted under subsection (g) of this section)"

after "inducted, enlisted, or appointed".

Subsec. (d)(3). Pub. L. 92-129, Sec. 101(a)(7), substituted

"Secretary of Transportation" for "Secretary of the Treasury".

1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(2)(a), inserted proviso

that registrants failing or refusing to report for induction

continue to remain liable for induction and to be immediately

inducted when available.

Subsec. (g). Pub. L. 90-40, Sec. 1(2)(b), added subsec. (g). A

former subsec. (g), authorizing one year enlistments in the armed

services by male persons between 18 and 19, was repealed by act

June 19, 1951, ch. 144, Sec. 1(h), 65 Stat. 80.

1966 - Subsec. (k)(3), (4), (6). Pub. L. 89-554 repealed pars.

(3), (4) and (6) which established the National Security Training

Commission, provided for its composition, tenure, pay and duties,

and authorized appointment and pay of employees.

1962 - Subsec. (d)(3). Pub. L. 87-651 amended par. (3) generally,

striking out provisions which required each person inducted into

the National Security Training Corps to serve in the Armed Forces

or the National Security Training Corps for a total of eight years,

unless sooner discharged because of personal hardship, and

requiring each person covered by this subsection who is not a

reserve, and who is qualified, upon his release from training, to

be transferred to a reserve component to complete the service

required by this subsection.

1958 - Subsec. (a). Pub. L. 85-564 inserted, at end of third

par., proviso authorizing President to modify standards fixed by

preceding two provisos, except in war or national emergency.

Subsec. (d)(3). Pub. L. 85-861 repealed provisions that required

persons inducted, enlisted, or appointed, in the Armed Forces to

serve on active training and service in the Armed Forces and in a

reserve component for a total of six years, and inserted provisions

requiring transfer to reserve components of persons released from

active training and service in the Armed Forces or from training in

the National Security Training Corps and authorizing enlistment,

enrollment, or appointment in, or assignment to, an organized unit

of a reserve component or an officers' training program of the

armed force in which a person served. See section 651 of Title 10,

Armed Forces.

1957 - Subsec. (a). Pub. L. 85-62, Secs. 1, 9, temporarily

inserted next to last paragraph providing that no medical, dental,

or allied specialist shall be inducted if he applies or applied for

appointment as a Reserve officer in one of such categories and is

rejected on the sole ground of physical disqualification. See

Effective and Termination Dates of 1957 Amendment note below.

Subsec. (j). Pub. L. 85-62, Secs. 3, 9, temporarily struck out

"as referred to in subsection (i)" after "categories of persons" at

end of first sentence, and substituted "thirty-fifth" for

"fifty-first" in last sentence of second par. See Effective and

Termination Dates of 1957 Amendment note below.

Subsec. (l). Pub. L. 85-62, Secs. 2, 9, temporarily added subsec.

(l). See Effective and Termination Dates of 1957 Amendment note

below.

1956 - Subsec. (a). Act Aug. 10, 1956, Sec. 53, repealed

provisions prohibiting assignment to duty outside the United States

until the member of the Armed Forces has had the equivalent of four

months of basic training, and relating to communications with

Members of Congress. See sections 671 and 1034 of Title 10, Armed

Forces.

Subsec. (b). Act Aug. 10, 1956, Sec. 22(a), authorized

Secretaries of the Army, Navy, Air Force, and Treasury, to provide

by regulations for release from training and service in the Armed

Forces of those individuals who are accepted into organized units

of the Army National Guard and Air National Guard and other reserve

components.

Subsec. (d)(3). Act Aug. 10, 1956, Sec. 22(b), purportedly

repealed par. (3) and amended it to provide that "Each person who

is inducted into the National Security Training Corps shall serve

in the armed forces or the National Security Training Corps for a

total of eight years, unless he is sooner discharged because of

personal hardship under regulations prescribed by the Secretary of

Defense. Each person covered by this subsection who is not a

Reserve, and who is qualified, shall, upon his release from

training, be transferred to a reserve component of an armed force

to complete the service required by this subsection." See 1958 and

1962 Amendment notes above.

Subsec. (f). Act Aug. 10, 1956, Sec. 53, purportedly repealed

subsec. (f). However, section 22(c) of the act amended subsection

to clarify authority to receive compensation. See also section 103

of Title 10, Armed Forces.

1955 - Subsec. (d)(3). Act Aug. 9, 1955, provided for a six-year

term of duty for persons who are inducted, enlisted, or appointed

after Aug. 9, 1955.

Subsec. (i)(1). Act June 30, 1955, exempted from service persons

who attained their thirty-fifth anniversary of their date of birth

and who were rejected for service on the ground of physical

disqualification, and to reduce maximum age of liability of

induction from 51 to 46 years of age.

1953 - Subsec. (i)(2). Act June 29, 1953, Sec. 6, in cl. "First"

struck out "subsequent to the completion of or release from the

program or course of instruction" after "Public Health Service";

and, in cl. "Second", substituted "seventeen months" for

"twenty-one months", and struck out "subsequent to the completion

of or release from the program or course of instruction" after

"Public Health Service".

Subsec. (i)(4) to (7). Act June 29, 1953, Sec. 1, added pars. (4)

to (7).

Subsec. (j). Act June 29, 1953, Sec. 2, added third par.

1952 - Subsec. (d)(3). Act July 9, 1952, substituted "appointed

under any provision of law, in the Armed Forces, including the

reserve components thereof," for "appointed in the Armed Forces".

1951 - Subsec. (a). Act June 19, 1951, Sec. 1(d), lowered age

limit from 19 years to 18 1/2 , provided for training in National

Security Training Corps, lowered physical and mental standards,

provided for a basic training period, and allowed communication

with Members of Congress.

Subsec. (b). Act June 19, 1951, Sec. 1(e), increased length of

service from 21 to 24 months.

Subsec. (c). Act June 19, 1951, Sec. 1(f), struck out short-term

Army enlistment period and the General Classification Test, and

established age for voluntary induction.

Subsec. (d). Act June 19, 1951, Sec. 1(g), inserted "and prior to

the enactment of the 1951 Amendments to the Universal Military

Training and Service Act" after "hereafter" in pars. (1) and (2),

and added par. (3).

Subsec. (e). Act June 19, 1951, Sec. 1(i), inserted "6g" after

"sections" in par. (1), and extended period of service from 21 to

24 months.

Subsec. (g). Act June 19, 1951, Sec. 1(h), repealed subsec. (g)

which related to enlistments in armed service for one year by male

persons between 18 and 19 years.

Subsec. (h). Act June 19, 1951, Sec. 1(h), repealed subsec. (h)

which related to permanent assignment outside continental United

States.

Subsec. (k). Act June 19, 1951, Sec. 1(j), added subsec. (k).

1950 - Subsec. (a). Act Sept. 27, 1950, Sec. 1(1)-(4), inserted

before period in third sentence of first par. "and such number of

persons as in his judgment may be required for the United States

Coast Guard", inserted before period in second par. "or the

Secretary of the Treasury", inserted after "the Secretary of

Defense" in third par. "or the Secretary of the Treasury", inserted

after "United States Marine Corps" in fourth par. "or the United

States Coast Guard".

Subsec. (b). Act Sept. 27, 1950, Sec. 1(5), inserted before

period "or the Secretary of the Treasury".

Subsec. (c). Act Sept. 27, 1950, Sec. 3(a), added par. (4).

Subsecs. (i), (j). Act Sept. 9, 1950, Secs. 1, 9, temporarily

added subsecs. (i) and (j). See Termination Date of Subsection (i)

and Former Subsection (j) note below.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT

Pub. L. 85-62, Sec. 9, June 27, 1957, 71 Stat. 208, as amended by

Pub. L. 86-4, Sec. 4, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88-2,

Sec. 4, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90-40, Sec. 4, June 30,

1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec. 103, Sept. 28,

1971, 85 Stat. 355, provided that: "This Act [amending this

section, sections 454a to 456 of this Appendix, and provisions set

out as a note under this section] takes effect July 1, 1957, and

shall terminate July 1, 1973."

EFFECTIVE DATE OF 1952 AMENDMENT

Section 813 of act July 9, 1952, provided that the amendment made

by that section is effective as of June 19, 1951.

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of act July 3, 1952, repealed act Apr. 14, 1952, ch.

204, 66 Stat. 54 as amended by acts May 28, 1952, ch. 339, 66 Stat.

96; June 14, 1952, ch. 437, 66 Stat. 137; June 30, 1952, ch. 526,

66 Stat. 296, which continued provisions until July 3, 1952. This

repeal shall take effect as of June 16, 1952, by section 7 of act

July 3, 1952.

TERMINATION DATE OF SUBSECTION (I) AND FORMER SUBSECTION (J)

Section 7 of act Sept. 9, 1950, as amended by acts June 19, 1951,

Sec. 2(b); June 29, 1953, Sec. 9; and June 30, 1955, Sec. 201, and

by Pub. L. 85-62, Sec. 8, provided that subsecs. (i) and (j) of

this section, which were added by act Sept. 9, 1950, shall

terminate as of June 30, 1957. See Effective and Termination Dates

of 1957 Amendment note set out above with respect to subsec. (j) as

reenacted and amended by Pub. L. 85-62.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 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.

-EXEC-

EXECUTIVE ORDER NO. 10164

Ex. Ord. No. 10164, Sept. 27, 1950, 15 F.R. 6570, provided for

extension for a period of twelve months of all enlistments in the

United States Coast Guard, including the Coast Guard Reserve, which

would have expired at any time after Sept. 27, 1950, and prior to

July 9, 1951.

EXECUTIVE ORDER NO. 10166

Ex. Ord. No. 10166, Oct. 4, 1950, 15 F.R. 6777, as amended by Ex.

Ord. No. 10185, Dec. 1, 1950, 15 F.R. 8557, which established the

National Advisory Committee on the Selection of Physicians,

Dentists, and Allied Specialists, was revoked by Ex. Ord. No.

11415, June 24, 1968, 33 F.R. 9329, formerly set out below.

EX. ORD. NO. 10762. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSE

Ex. Ord. No. 10762, Mar. 28, 1958, 23 F.R. 2119, provided:

1. There is hereby delegated to the Secretary of Defense:

(a) The authority vested in the President by section 4(l)(1) of

the Universal Military Training and Service Act, as added by

section 2 of the Act of June 27, 1957 (P.L. 85-62; 71 Stat. 206)

[subsection (l)(1) of this section], to order to active duty (other

than for training) for a period of not more than 24 consecutive

months, with or without his consent, any member of a reserve

component of the armed forces of the United States who is in a

medical, dental, or allied specialist category, who has not

attained the thirty-fifth anniversary of the date of his birth, and

who has not performed at least one year of active duty (other than

for training).

(b) The authority vested in the President by section 5(c) of the

Universal Military Training and Service Act, as added by section 5

of the Act of June 27, 1957 (P.L. 85-62; 71 Stat. 207) [section

455(c) of this Appendix], to prescribe regulations with respect to

the appointment, reappointment, or promotion of any qualified

person who (1) is liable for induction or (2) as a member of a

reserve component is ordered to active duty as a physician or

dentist or in an allied specialist category in the armed forces of

the United States.

2. Executive Order No. 10478 of August 5, 1953, as amended by

Executive Order No. 10658 of February 15, 1956, is hereby revoked.

Dwight D. Eisenhower.

EX. ORD. NO. 10776. DELEGATION OF PRESIDENT'S AUTHORITY

Ex. Ord. No. 10776, July 28, 1958, 23 F.R. 5683, provided:

By virtue of the authority vested in me by title 3 of the United

States Code, and as President of the United States and Commander in

Chief of the Armed Forces, there is hereby delegated to the

Secretary of Defense the authority (relating to the prescribing of

rules and regulations modifying the standards and requirements with

respect to induction of persons into the armed forces) vested in

the President by the last proviso of section 4(a) of the Universal

Military Training and Service Act [subsec. (a) of this section],

added by the act of July 28, 1958 [Pub. L. 85-564]. The Secretary

of Defense is hereby authorized to re-delegate that authority to

any official of the Department of Defense who is required to be

appointed by and with the advice and consent of the Senate. No

person shall be inducted into the armed forces for training and

service who does not meet the standards and requirements specified

in the rules and regulations prescribed by the Secretary or his

designee pursuant to this order.

Dwight D. Eisenhower.

EXECUTIVE ORDER NO. 11415

Ex. Ord. No. 11415, June 24, 1968, 33 F.R. 9329, which

established the National Advisory Committee on the Selection of

Physicians, Dentists, and Allied Specialists and the National

Health Resources Advisory Committee, was revoked by section 5-110

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.

PROC. NO. 2906. REGISTRATION OF DOCTORS, DENTISTS AND ALLIED

SPECIALISTS

Proc. No. 2906, Oct. 6, 1950, 15 F.R. 6845, 64 Stat. Pt. 2, p.

A437, as amended Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64

Stat. Pt. 2, p. A455, provided:

1. Every male person who participated as a student in the Army

specialized training program or any similar program administered by

the Navy, or was deferred from service during World War II for the

purpose of pursuing a course of instruction leading to education in

a medical, dental, or allied specialist category, and has had less

than twenty-one months of active duty in the Army, the Air Force,

the Navy, the Marine Corps, the Coast Guard, or the Public Health

Service subsequent to the completion of, or release from, such

program or course of instruction (exclusive of time spent in

post-graduate training), and who, on the day or any of the days

hereinafter fixed for his registration (a) shall have received from

any school, college, university, or similar institution of

learning, one or more of the degrees of bachelor of medicine,

doctor of medicine, doctor of dental surgery, doctor of dental

medicine, doctor of veterinary surgery, and doctor of veterinary

medicine, (b) is within any of the several States of the United

States, the District of Columbia, the Territory of Alaska, the

Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not

a member of any reserve component of the armed forces of the United

States, and (d) shall not have attained the fiftieth anniversary of

the day of his birth is required to and shall on that day or any of

those days present himself for and submit to registration before a

duly designated registration official or selective service local

board having jurisdiction in the area in which he has his permanent

home or in which he may happen to be on that day or any of those

days.

2. The special registration of the male persons required to

submit to registration by paragraph numbered 1 hereof shall take

place in the several States of the United States, the District of

Columbia, the Territories of Alaska and Hawaii, Puerto Rico, and

the Virgin Islands between the hours of 8:00 a.m. and 5:00 p.m. on

the day or days hereinafter designated for their registration, as

follows:

(a) Persons who shall have received any of the degrees above

referred to on or before October 16, 1950, shall be registered on

Monday, the 16th day of October, 1950.

(b) Persons who receive any of the degrees above referred to

after October 16, 1950, shall be registered on the day they receive

any such degree, or within five days thereafter.

(c) Persons who shall have received any of the degrees above

referred to and who enter any of the several States of the United

States, the District of Columbia, the Territory of Alaska, the

Territory of Hawaii, Puerto Rico, or the Virgin Islands after

October 16, 1950, shall be registered on the day of such entrance,

or within five days thereafter.

3. Every male person who has not had active service in the Army,

the Air Force, the Navy, the Marine Corps, the Coast Guard, or the

Public Health Service subsequent to September 16, 1940, and every

male person not included in the first or the second of the

priorities defined in section 4(i)(2) of the Selective Service Act

of 1948, as amended [now the Military Selective Service Act,

formerly subsec. (i)(2) of this section], who has had active

service in the Army, the Air Force, the Navy, the Marine Corps, the

Coast Guard, or the Public Health Service subsequent to September

16, 1940, who on the day or any of the days hereafter fixed by the

Director of Selective Service for his registration (a) shall have

received from a school, college, university, or similar institution

of learning one or more of the degrees of bachelor of medicine,

doctor of medicine, doctor of dental surgery, doctor of dental

medicine, doctor of veterinary surgery, and doctor of veterinary

medicine, (b) is within any of the several States of the United

States, the District of Columbia, the Territory of Alaska, the

Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not

a member of any reserve component of the armed forces of the United

States, and (d) shall not have attained the fiftieth anniversary of

the day of his birth is required to and shall on that day or any of

those days present himself for and submit to registration before a

duly designated registration official or selective service local

board having jurisdiction in the area in which he has his permanent

home or in which he may happen to be on that day or any of those

days.

4. The Director of Selective Service is hereby authorized and

directed to fix the date or dates for the special registration

required under paragraph numbered 3 hereof: Provided, that the date

or dates so fixed shall be not later than January 16, 1951.

5. The Director of Selective Service is hereby authorized to

require special registration of, and fix the date or dates of

registration for, all other persons who are subject to registration

under section 4(i) of the Selective Service Act of 1948, as amended

[subsection (i) of this section], and who are not required to

register under or pursuant to this proclamation.

6. All orders and directives of the Director of Selective Service

issued pursuant to paragraph numbered 4 or paragraph numbered 5

hereof shall be published in the Federal Register.

7. (a) A person subject to registration under or pursuant to this

proclamation who, because of circumstances beyond his control, is

unable to present himself for and submit to registration during the

hours of the day or any of the days fixed for registration shall do

so as soon as possible after the cause for such inability ceases to

exist.

(b) Every person subject to registration under or pursuant to

this proclamation who has registered in accordance with

Proclamation No. 2799 of July 20, 1948 [formerly set out under

section 453 of this Appendix], issued under the Selective Service

Act of 1948, as amended, [now the Military Selective Service Act]

and the regulations prescribed thereunder, shall, notwithstanding

such registration, present himself for and submit to registration

as required by or pursuant to this proclamation.

(c) The duty of any person to present himself for and submit to

registration in accordance with Proclamation No. 2799 of July 20,

1948, issued under the Selective Service Act of 1948, as amended

[now the Military Selective Service Act] and the regulations

prescribed thereunder, shall not be affected by this proclamation.

8. Every person subject to registration under or pursuant to this

proclamation is required to familiarize himself with the rules and

regulations governing such registration and to comply therewith.

9. I call upon the Governors of each of the several States, the

Territories of Alaska and Hawaii, Puerto Rico, and the Virgin

Islands and the Board of Commissioners of the District of Columbia,

and all officers and agents of the United States and all officers

and agents of the several States, the Territories of Alaska and

Hawaii, Puerto Rico, the Virgin Islands, and the District of

Columbia, and political subdivisions thereof, and all local boards

and agents thereof appointed under the provisions of title I of the

Selective Service Act of 1948, as amended [now the Military

Selective Service Act, sections 451 to 471a of this Appendix], or

the regulations prescribed thereunder, to do and perform all acts

and services necessary to accomplish effective and complete

registration.

10. In order that there may be full cooperation in carrying into

effect the purposes of section 4(i) of title I of the Selective

Service Act of 1948, as amended [now the Military Selective Service

Act, formerly subsec. (i) of this section], I urge all employers

and Government agencies of all kinds - Federal, State, territorial,

and local - to give those under their charge sufficient time in

which to fulfill the obligations of registration incumbent upon

them under the said Act and under or pursuant to this proclamation.

PROC. NO. 2915. EXEMPTIONS FROM REGISTRATION

Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. 494,

provided:

Proclamation No. 2906 of October 6, 1950 [set out above], be, and

it is hereby, amended, effective as of October 6, 1950, so as to

exempt from the force and effect thereof, until otherwise directed

by the President by proclamation, (1) commissioned officers,

warrant officers, pay clerks, enlisted men, and aviation cadets of

the Regular Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Coast and Geodetic Survey, and the Public Health

Service, and (2) aliens who are residing in the United States and

have not declared their intention of becoming citizens of the

United States and who are also in one of the following categories:

(a) alien students admitted under subdivision (e) of section 4 of

the Immigration Act approved May 26, 1924, as amended [former

section 204 of Title 8 Aliens and Nationality], (b) aliens

recognized as diplomatic, consular, military or civilian officials

or employees of a foreign government and members of their families,

(c) aliens who are officials or employees of a public international

organization recognized under the International Organizations

Immunities Act, approved December 29, 1945 (59 Stat. 669) [22

U.S.C. 288 et seq.], and members of their families, (d) aliens who

have entered the United States and remain therein pursuant to the

provisions of section 11 of the Agreement between the United

Nations and the United States of America regarding the Headquarters

of the United Nations, as approved in Public Law 357, 80th Congress

(61 Stat. 756) [set out as a note under section 287 of Title 22,

Foreign Relations and Intercourse], (e) aliens who are nationals of

a country with which there is in effect a treaty or international

agreement exempting its nationals from military service while they

are within the United States, or (f) other aliens whose admission

to the United States is for a temporary stay only: Provided, That

such exemption shall not continue after the cause thereof shall

cease to exist.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 455, 456, 458, 459, 465

of this Appendix; title 8 section 1101; title 10 section 671.

-End-