Legislación
US (United States) Code. Title 50: War and National Defense. Appendix
-CITE-
50 USC APPENDIX Sec. 1941f 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941f. Disposition of unsold facilities; transfer to General
Services Administration; lease of alcohol-butadiene facilities;
advice of Attorney General; standby funds
-STATUTE-
(a) Upon the termination of the transfer period, the operating
agency last designated by the President, shall, as promptly as
possible consistent with sound operating procedures, take out of
production and place in adequate standby condition the
rubber-producing facilities which shall not have been sold. At any
time after the termination of production, such facilities may be
transferred without reimbursement or transfer of funds to the
General Services Administration and administered in accordance with
the provisions of sections 6, 7, and 8 of the National Industrial
Reserve Act of 1948, as amended (62 Stat. 1227, 50 U.S.C. 456-458)
[50 U.S.C. 455 to 457], or to such other agency as the President
may designate for administration in such manner as he may direct.
In such event (1) no such facility shall thereafter be operated as
a rubber-producing facility for the account of, or by, the
Government except pursuant to further Act of Congress; (2) no such
facility, other than alcohol-butadiene facilities, shall be leased
for operation as a rubber-producing facility at any time: Provided,
That nothing contained in this Act [sections 1941 to 1941y of this
Appendix] shall preclude the leasing of alcohol-butadiene
facilities for purposes other than the manufacture of alcohol
butadiene so long as such leases are in accordance with the
provisions of section 8(a) or section 9(f) of this Act [subsection
(a) of this section or section 1941g (f) of this Appendix]; and (3)
no such facility shall be disposed of by sale within a period of
three years from the termination of the transfer period, and in any
subsequent lease or sale, the Government agency acting under
authority of this section shall within a reasonable time and in no
event less than sixty days prior to the lease or sale, request the
advice of the Attorney General as to whether the proposed lease or
sale would tend to create or maintain a situation inconsistent with
the antitrust laws. The Attorney General shall give his advice
within forty-five days of the receipt of such request. Upon the
request of the Attorney General, the Government agency shall
furnish, or cause to be furnished, such information as it may
possess which the Attorney General determines to be appropriate or
necessary to enable him to give the advice called for by this
section.
(b) Whenever any transfer to any Government agency is made
pursuant to this section, all unexpended funds budgeted as provided
in section 9(e) [section 1941g(e) of this Appendix] for standby and
maintenance in such condition shall also be transferred.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 8, 67 Stat. 411.)
-REFTEXT-
REFERENCES IN TEXT
Sections 7 and 8 of the National Industrial Reserve Act of 1948,
referred to in subsec. (a), were classified to sections 456 and 457
of Title 50, War and National Defense, and were omitted from the
Code.
The antitrust laws, referred to in subsec. (a), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and
Trade. See section 1941a(e) of this Appendix and References in Text
notes thereunder.
-MISC1-
SALE OF LEASE OF CATALYST EQUIPMENT; TERMS AND CONDITIONS; SECURITY
CLAUSE; PRICE; STANDBY CONDITION; AUTHORITY
Administration by Administrator of General Services of matters
involving the Rubber Producing Facilities Disposal Commission,
including the exercise of authority conferred upon the Commission
by section 6 of Act Mar. 21, 1956, set out below, see Dissolution
of Federal Facilities Corporation note set out under section 1938
of this Appendix.
Section 6 of act Mar. 21, 1956, ch. 89, 70 Stat. 53, provided
that:
"(a) Notwithstanding any provision of the Rubber Producing
Facilities Disposal Act of 1953, as amended [sections 1941 to 1941x
of this Appendix], or of this Act [enacting section 1941y and
provisions set out as notes under sections 1941r and 1941y of this
Appendix], the Rubber Producing Facilities Disposal Commission may
enter into contracts of sale and may from time to time enter into
leases for all or any part of the catalyst manufacturing equipment
now situated in Baltimore, Maryland, and generally described in the
Commission's brochure M-2 dated March 1954.
"(b) Except as provided in this paragraph, each such lease or
contract may be made on such terms and conditions, including type
of use and duration (up to fifteen years) of any lease, as the
Commission deems advisable in the public interest. Before making
such sale or lease, the Commission shall secure the advice of the
Attorney General as to whether the proposed sale or lease would
tend to create or maintain a situation inconsistent with the
antitrust laws. Each such lease or contract of sale shall contain a
national security clause, containing such terms and for such
duration (ten years or less) as the Commission deems desirable in
the public interest, and any such lease shall provide for the
recapture of the equipment thereby leased and the termination of
the lease, if the President determines that the national interest
so requires.
"The price for any part or all of such equipment shall be an
amount which the Commission determines to be the maximum amount
obtainable in the public interest, but not less than fair value as
determined by the Commission.
"(c) Any of such equipment not sold or leased under subsection
(a) shall be placed and maintained in adequate standby condition
pursuant to, and be otherwise subject to, the provisions of section
8 of the Rubber Producing Facilities Disposal Act of 1953 [this
section] (other than the provision prohibiting leases).
"(d) All the powers and authority conferred by this section upon
the Commission may, after the termination of the existence of the
Commission, be exercised by such agency of the Government as the
President may designate for the purpose, and for this purpose such
successor agency may exercise all the authority conferred in the
Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to
1941y of this Appendix] upon the Commission."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1941w, 1941x of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941g 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941g. Report of recommended disposal by Commission to
Congress
-STATUTE-
(a) Contents and requirements
Not later than thirty days after the termination of the
negotiating period provided in section 7 of this Act [section 1941e
of this Appendix], and in no event later than January 31, 1955, the
Commission shall prepare and submit to the Congress a report
setting forth -
(1) the steps taken to elicit proposals and the proposals which
have been received;
(2) the principal terms of all sales contracted for and the
Commission's recommendations in respect thereto;
(3) in the event that there may have been a financially more
advantageous proposal for any rubber-producing facility than the
sale recommended, a statement of the reasons why such sale is
nevertheless proposed;
(4) the statement from the Attorney General setting forth
findings approving the proposed disposals in accordance with the
standards set forth in section 3(c) of this Act [section 1941a(c)
of this Appendix];
(5) the program to be followed to place in standby condition
the rubber-producing facilities not sold;
(6) an inventory report concerning the Government's current
stocks of synthetic rubber and its component materials;
(7) a program for the continuance, to the extent it deems
necessary, during the fiscal year following the fiscal year in
which the transfer period terminates, of the research program on
synthetic rubber and its component materials then being carried
on by the operating agency; and
(8) the names of persons who have represented the Government or
the purchasers in conducting negotiations or in making contracts
for disposal of the rubber-producing facilities.
(b) Time of submission of report; period for action by Congress
The report shall be submitted to both Houses of Congress on the
same day. Upon the expiration of sixty days of continuous session
of the Congress following the date upon which the report is
submitted to it, the Commission shall proceed to carry out the
contracts and proposals, as outlined in its report, to the extent
that such contracts and proposals are not disapproved by either
House of Congress by a resolution within the sixty-day period.
(c) Computation of period for Congressional action
For the purposes of subsection (b) of this section -
(1) continuity of session shall be considered as broken only by
an adjournment of the Congress sine die; but
(2) in the computation of the sixty-day period there shall be
excluded the days on which either House is not in session because
of an adjournment of more than three days to a day certain.
(d) Restriction on sale or lease of rubber-producing facilities
No rubber-producing facility shall be sold or leased except in
accordance with this Act [sections 1941 to 1941y of this Appendix]
or in accordance with section 7(d)(4) of the Rubber Act of 1948, as
amended [section 1926(d)(4) of this Appendix].
(e) Funds for expenses; annual budget
Such sums as may be required for the foregoing purposes may be
provided out of the proceeds of disposal, and annual budgets for
the expenses necessary for such purposes shall be submitted in
accordance with the Government Corporation Control Act of 1945, as
amended (59 Stat. 597, 31 U.S.C. 841) [31 U.S.C. 9101 et seq.].
(f) Leases of alcohol-butadiene facilities; requirements; advice of
Attorney General
Notwithstanding any other provisions of this Act [sections 1941
to 1941y of this Appendix], the Commission may, after securing the
advice of the Attorney General as to whether the proposed lease
would tend to create or maintain a situation inconsistent with the
antitrust laws, enter into leases for the alcohol-butadiene
facilities for a period of not less than one year, nor more than
three years: Provided, That any such lease shall contain among
other things (1) a national security clause, and (2) provisions for
the recapture of such facilities by the Government and the
termination of the lease, if the President determines that the
national interest so requires. Not less than sixty days prior to
said lease the Commission shall request such advice from the
Attorney General who shall give the same within forty-five days of
the receipt of such request.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 9, 67 Stat. 412.)
-REFTEXT-
REFERENCES IN TEXT
The Government Corporation Control Act of 1945, as amended,
referred to in subsec. (e), is act Dec. 6, 1945, ch. 557, 59 Stat.
597, as amended, which was classified to chapter 14 (Sec. 841 et
seq.) of former Title 31, and which was repealed by Pub. L. 97-258,
Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the
first section thereof as chapter 91 (Sec. 9101 et seq.) of Title
31, Money and Finance.
The antitrust laws, referred to in subsec. (f), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and
Trade. See section 1941a(e) of this Appendix and References in Text
notes thereunder.
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1941a, 1941e, 1941f,
1941l, 1941w, 1941x, 1941y of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941h 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941h. President's report to Congress on Nation's rubber
requirements and resources
-STATUTE-
At the expiration of one year after the transfer period or as
soon thereafter as the Congress is in session, the President shall
report to the Congress concerning the Nation's rubber requirements
and resources, and the need, if any, for further research by the
Government relative to the production or use of synthetic rubber
and its component materials.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 10, 67 Stat. 413.)
-End-
-CITE-
50 USC APPENDIX Sec. 1941i 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941i. Exclusion from term "rubber-producing facilities"
-STATUTE-
The term "rubber-producing facilities" as used in this Act
[sections 1941 to 1941y of this Appendix] shall not include the
Government-owned evaluation laboratory at Akron, Ohio.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 11, 67 Stat. 413.)
-MISC1-
DISPOSAL OF RESEARCH LABORATORIES AT AKRON, OHIO
Act July 26, 1956, ch. 738, 70 Stat. 657, provided: "That the
Government laboratories at Akron, Ohio, now under control of the
National Science Foundation are hereby transferred to the General
Services Administration for disposal in accordance with the Federal
Property and Administrative Services Act of 1949 [now chapters 1 to
11 of Title 40, Public Buildings, Property, and Works, and title
III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], except
that the Administrator of General Services shall first offer the
laboratories for public sale before seeking to dispose of them by
transfer or assignment to any Federal agency. The Administrator of
General Services, before he offers the laboratories to the public
for sale, shall ascertain what the value of the laboratories would
be to Government agencies which would make substantial use thereof,
and the Administrator shall not sell the laboratories to the public
unless he finds, after consultation with the Director of the Budget
Bureau, that such sale to the public would be in the best interests
of the United States, taking into consideration among other
relevant factors the value of the laboratories to any interested
agency and the amounts offered by public bidders. The National
Science Foundation is authorized to reimburse the General Services
Administration in advance for expenses necessary for the protection
and maintenance of the laboratories up to June 30, 1957."
-End-
-CITE-
50 USC APPENDIX Sec. 1941j 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941j. Disposition of proceeds from disposal of facilities
-STATUTE-
All final net proceeds from disposal of the rubber-producing
facilities shall be covered into the Treasury as miscellaneous
receipts except as otherwise provided by this Act [sections 1941 to
1941y of this Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 12, 67 Stat. 413.)
-End-
-CITE-
50 USC APPENDIX Sec. 1941k 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941k. Prior disposal of facilities as unaffected
-STATUTE-
The sales, leases, or other dispositions made prior to the
enactment of this Act [Aug. 7, 1953], pursuant to section 9(b) of
the Rubber Act of 1948, as amended [section 1928(b) of this
Appendix], shall not be affected by this Act [sections 1941 to
1941y of this Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 13, 67 Stat. 413.)
-End-
-CITE-
50 USC APPENDIX Sec. 1941l 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941l. Conditional termination dates for Rubber Act of 1948
-STATUTE-
Notwithstanding the provisions of section 20 of the Rubber Act of
1948, as amended [section 1938 of this Appendix], (1) if no report
is submitted by the Commission, or if the report submitted by the
Commission pursuant to section 9 of this Act [section 1941g of this
Appendix] is disapproved in its entirety, then the Rubber Act of
1948, as amended [sections 1921 to 1938 of this Appendix] shall be
extended until March 31, 1956; and (2) if the Commission submits a
report and it is not disapproved in its entirety, the Rubber Act of
1948, as amended [said sections], shall terminate at the
termination of the transfer period as provided in section 7(i) of
this Act [section 1941e(i) of this Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 14, 67 Stat. 413.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941m 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941m. Monthly reports by Commission to Congress of
expenditures and obligations
-STATUTE-
Thirty days following the receipt of proposals, as provided in
section 7 of this Act [section 1941e of this Appendix] the
Commission shall submit to the Congress a report stating the amount
of funds expended by or obligated by the operating agency for the
repair, replacement, additions, improvements, or maintenance of
each synthetic rubber-producing facility for which proposals have
been submitted. Thereafter reports shall be made monthly until such
time as the Congress shall have permitted or disapproved in whole
or in part the disposal recommended by the Commission.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 15, 67 Stat. 413.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941n 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941n. Basis for negotiating sale of a facility
-STATUTE-
In arriving at its recommendations for the disposal of the
facilities, the Commission shall use, as the basis for negotiating
the sale of each facility the highest amount proposed to be paid
for each facility, if, in the opinion of the Commission, the
highest amount proposed to be paid was a bona fide proposal and was
submitted by a person competent to operate a rubber-producing
facility: Provided, That the words "competent to operate a
rubber-producing facility" shall not be interpreted so as to
require prior experience in the operation of a rubber-producing
facility: Provided further, That in using such highest proposed
amount as a basis for negotiations the Commission may negotiate
with respect to any facility with any person who submitted a
proposal on that or any similar facility and may recommend sale of
any facility to any person who submitted a proposal on that or any
similar facility at a price which is equal to, higher than, or
lower than the highest amount proposed to be paid for each facility
as the Commission determines will best effectuate the purposes of
this Act [sections 1941 to 1941y of this Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 16, 67 Stat. 413.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941o 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941o. Criteria for disposal recommendations
-STATUTE-
The following criteria, together with such other criteria as the
Commission deems necessary or desirable to best effectuate the
purposes of this Act [sections 1941 to 1941y of this Appendix],
shall be used by the Commission in arriving at its recommendations
for disposal:
(1) That the disposal program be designed best to afford
small-business enterprises and users, other than the purchser
(!1) of a facility, the opportunity to obtain a fair share of the
end products of the facilities sold and at fair prices;
(2) That the prospective purchaser has the technical competence
necessary to operate a rubber-producing facility, except that
prior experience in operating a rubber-producing facility shall
not be required as a basis for determining whether a prospective
purchaser has the technical competence necessary to operate a
rubber-producing facility;
(3) That the recommended sales shall provide for the
development within the United States of a free, competitive,
synthetic rubber industry, and do not permit any person to
possess unreasonable control over the manufacture of synthetic
rubber or its component materials;
(4) That the prospective purchaser is acting in good faith, and
actually intends to operate the facility or facilities for the
purpose of manufacturing synthetic rubber or its component
materials;
(5) That full fair value for the facility or facilities will be
received by the Government, taking into consideration the policy
set forth in section 2 of this Act [section 1941 of this
Appendix];
(6) That disposal of the facility or facilities to the
purchasers is consistent with national security; and
(7) That the facilities recommended for sale will in the
aggregate be capable of annually producing not less than five
hundred thousand long tons of general-purpose synthetic rubber,
and not less than forty-three thousand long tons annually of
butyl rubber.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 17, 67 Stat. 414.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-FOOTNOTE-
(!1) So in original. Probably should be "purchaser".
-End-
-CITE-
50 USC APPENDIX Sec. 1941p 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941p. Authorization of disposal of facilities notwithstanding
Rubber Act of 1948
-STATUTE-
Unless otherwise provided in this Act [sections 1941 to 1941y of
this Appendix], the disposal of the Government-owned
rubber-producing facilities shall be authorized notwithstanding the
provisions of the Rubber Act of 1948, as amended [sections 1921 to
1938 of this Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 18, 67 Stat. 414.)
-End-
-CITE-
50 USC APPENDIX Sec. 1941q 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941q. Payment of costs of disposal from operating income
-STATUTE-
Unless otherwise provided in this Act [sections 1941 to 1941y of
this Appendix], all costs incurred by the Commission or any other
department, agency, officer, Government corporation, or
instrumentality of the United States pursuant to the provisions of
this Act [said sections] shall, so long as synthetic rubber is
produced for the account of the Government in the Government-owned
rubber-producing facilities, be paid from and charged against the
operating income of the Government-owned synthetic rubber program,
administered by the operating agency.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 19, 67 Stat. 414.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941r 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941r. Termination of Commission; administration after
termination
-STATUTE-
The Commission shall cease to exist thirty days after the
termination of the transfer period as provided by section 7(i) of
this Act [section 1941e(i) of this Appendix], but nothing contained
in this section shall be construed in any way so as to abrogate,
modify, or adversely affect any contract of sale or lease of the
Government-owned rubber-producing facilities pursuant to this Act
[sections 1941 to 1941y of this Appendix]. After the Commission
ceases to exist, such contracts and leases and other matters
involving the Commission shall be administered by such agency of
the Government as the President may designate.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 20, 67 Stat. 414.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under this section.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-MISC1-
TERMINATION OF COMMISSION
Section 3 of act Mar. 21, 1956, ch. 89, 70 Stat. 52, provided
that: "Notwithstanding the provisions of section 4 of Public Law
336, Eighty-fourth Congress, approved August 9, 1955 [set out as a
note below], of section 4 of Public Law 19, Eighty-fourth Congress,
approved March 31, 1955 [set out as a note below], and section 20
of the Rubber Producing Facilities Disposal Act of 1953 [this
section], the Commission established by the last-mentioned Act
shall cease to exist at the close of the ninetieth day following
the termination of the review period provided for in section 27(c)
of that Act [section 1941y(c) of this Appendix], unless no sale of
the Louisville plant is recommended by the Commission pursuant to
section 27(c) of that Act [section 1941y(c) of this Appendix], in
which event the Commission shall cease to exist at the close of the
ninetieth day following the termination of the maximum period
allowed for negotiation in section 27(b) [section 1941y(b) of this
Appendix]."
Act Aug. 9, 1955, ch. 696, Sec. 4, 69 Stat. 629, provided that:
"Notwithstanding the provisions of section 4 of Public Law 19 [set
out as a note below], approved March 31, 1955, and notwithstanding
the provisions of section 20 of the Rubber Producing Facilities
Disposal Act of 1953 [this section], the Commission established by
the latter Act [sections 1941 to 1941y of this Appendix] shall
cease to exist at the close of the thirtieth day following the
termination of the transfer period provided for in section 26(c) of
that Act [section 1941x(c) of this Appendix], unless no sale of
Plancor Numbered 980 is recommended by the Commission pursuant to
section 26(c) of that Act [section 1941x(c) of this Appendix], in
which event the Commission shall cease to exist at the close of the
one hundred and thirtieth day following the date of the enactment
of this Act [Aug. 9, 1955]."
Act Mar. 31, 1955, ch. 19, Sec. 4, 69 Stat. 16, provided that:
"Notwithstanding the provisions of section 20 of the Rubber
Producing Facilities Disposal Act of 1953 [this section], the
Commission established by that Act [sections 1941 to 1941y of this
Appendix] shall cease to exist at the close of the thirtieth day
following the termination of the transfer period provided for in
section 25(c) of that Act [section 1941w(c) of this Appendix],
unless no sale of Plancor Numbered 877 is recommended by the
Commission pursuant to section 25(c) of that Act [section 1941w(c)
of this Appendix], in which event the Commission shall cease to
exist at the close of the one hundred and thirtieth day following
the date of enactment of this Act [March 31, 1955]."
-EXEC-
EX. ORD. NO. 10678. ADMINISTRATION OF FUNCTIONS OF COMMISSION
Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199, as amended by
Ex. Ord. No. 10720, July 11, 1957, 22 F.R. 5521, provided:
By virtue of the authority vested in me by section 20 of the
Rubber Producing Facilities Disposal Act of 1953 67 Stat. 414, as
amended or modified (50 U.S.C. App. 1941r), and by section 6(d) of
the act of March 21, 1956, 70 Stat. 53 [set out as a note under
section 1941f of this Appendix], and as President of the United
States, it is ordered as follows:
Section 1. Subject to the provisions of section 2 of this order,
the Federal Facilities Corporation (hereinafter referred to as the
Corporation) is hereby designated as the agency to administer the
contracts of sale or lease of the Government-owned rubber producing
facilities made pursuant to the Rubber Producing Facilities
Disposal Act of 1953, as amended [sections 1941 to 1941y of this
Appendix], and to administer other matters involving the Rubber
Producing Facilities Disposal Commission, including all powers and
authority conferred upon the said Commission by sections 4, 5, and
6 of the said act of March 21, 1956 [set out as notes under
sections 1941f and 1941y of this Appendix], and also including the
winding up of the affairs of the Commission. The said contracts are
hereby transferred to the Corporation.
Sec. 2. The administration of the national-security clause
contained in such contracts of sale, including any contract of sale
made under the act of March 31, 1955 69 Stat. 15 [enacting section
1941w and provisions set out under section 1938 and sections 1941w
and 1941r of this Appendix], or under the said act of March 21,
1956 [set out as notes under sections 1941f and 1941y of this
Appendix], and the administration of the national-security clause
(including the recapture clause) contained in any lease of the
unsold facilities made under any of the aforesaid acts shall be
carried out in accordance with the needs and requirements of the
national defense as determined by the Secretary of Defense.
Sec. 3. The records, property, liabilities, employees and
unexpended balances of appropriations, allocations, and other
funds, available or to be made available, of the Rubber Producing
Facilities Disposal Commission are hereby transferred to the
Corporation, for use or employment by the Corporation in connection
with the administration or performance of its functions and duties
under section 1 of this order, or for other disposition as
determined, consonant with law, by the Corporation.
Sec. 4. All matters placed under the administration or
jurisdiction of the Corporation by sections 1 and 3 of this order
shall be subject to direction and control by the Administrator of
General Services.
Sec. 5. This order shall become effective on September 24, 1956.
Dwight D. Eisenhower.
ADMINISTRATION AFTER TERMINATION
Administration by Administrator of General Services of matters
involving the Rubber Producing Facilities Disposal Commission,
including the winding up of the affairs of the Commission, see
Dissolution of Federal Facilities Corporation note set out under
section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941s 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941s. Definitions
-STATUTE-
(a) The term "synthetic rubber" means any product of chemical
synthesis similar in general properties and applications to natural
rubber, and specifically capable of vulcanization, produced in the
United States, not including reclaimed synthetic rubber.
(b) The term "general-purpose synthetic rubber" means a synthetic
rubber of the butadiene-styrene type generally suitable for use in
the manufacture of transportation items such as tires or camelback,
as well as any other type of synthetic rubber equally or better
suited for use in the manufacture of transportation items such as
tires or camelback as determined from time to time by the
President.
(c) The term "rubber-producing facilities" means facilities, in
whole or in part, for the manufacture of synthetic rubber, and the
component materials thereof, including, but not limited to,
buildings and land in which or on which such facilities may be
located and all machinery and utilities associated therewith.
(d) The term "component materials" means the material, raw,
semifinished, and finished, necessary for the manufacture of
synthetic rubber.
(e) The term "standby condition" means the condition in which
rubber-producing facilities, in whole or in part, are placed if not
sold or leased in accordance with this Act [sections 1941 to 1941y
of this Appendix], but are maintained so as to be readily available
for the production of synthetic rubber or component materials.
(f) The term "person" means any individual, firm, copartnership,
business trust, corporation, or any organized group of persons
whether incorporated or not.
(g) The term "operating agency" means the Department, agency,
officer, Government corporation, or instrumentality of the United
States designated from time to time by the President pursuant to
section 7(a) of the Rubber Act of 1948, as amended [section 1926(a)
of this Appendix].
(h) The term "small business enterprise" means an enterprise
independently owned and operated which is not dominant in its field
of operation, due regard being given to the number of its employees
and dollar volume of business.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 21, 67 Stat. 415.)
-End-
-CITE-
50 USC APPENDIX Sec. 1941t 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941t. Omitted
-COD-
CODIFICATION
Section, act Aug. 7, 1953, ch. 338, Sec. 22, 67 Stat. 415,
amended section 20 of the Rubber Act of 1949, as amended (50 App.
U.S.C. 1938), which was omitted from the Code.
-End-
-CITE-
50 USC APPENDIX Sec. 1941u 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941u. Congressional resolutions respecting facilities
-STATUTE-
(a) Resolutions as rules of Congress; changes
The provisions of this section are enacted by the Congress:
(1) As an exercise of the rule-making power of the Senate and the
house of Representatives, respectively, and as such they shall be
considered as part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
such House in the case of resolutions (as defined in subsection
(b)); and such rules shall supersede other rules only to the extent
that they are inconsistent therewith; and
(2) With full recognition of the constitutional right of either
House to change such rules (so far as relating to the procedure in
such House) at any time, in the same manner and to the same extent
as in the case of any other rule of such House.
(b) Form of resolution
As used in this section, the term "resolution" means only a
resolution of either of the two Houses of Congress, the matter
after the resolving clause of which is as follows: (1) "That the
__________ does not favor sale of the facilities as recommended in
the report of the Rubber Producing Facilities Disposal
Commission.", the blank therein being filled with the name of the
resolving House; or (2) "That the __________ does not favor the
sale of the __________ as recommended in the report of the Rubber
Producing Facilities Disposal Commission.", the first blank therein
being filled with the name of the resolving House and the other
blank being filled with a description of the facility or facilities
proposed to be sold.
(c) Reference to committee
A resolution with respect to a facility or facilities shall be
referred to a committee (and all such resolutions shall be referred
to the same committee) by the President of the Senate or the
Speaker of the House of Representatives, as the case may be.
(d) Report by committee; motion to discharge
(1) If the committee to which has been referred a resolution with
respect to a facility or facilities has not reported it before the
expiration of ten calendar days after its introduction, it shall
then (but not before) be in order to move either to discharge the
committee from further consideration of such resolution, or to
discharge the committee from further consideration of any other
resolution with respect to such facility or facilities which has
been referred to the committee.
(2) Such motion may be made only by a person favoring the
resolution, shall be highly privileged (except that it may not be
made after the committee has reported a resolution with respect to
the same facility or facilities), and debate thereon shall be
limited to not to exceed one hour, to be equally divided between
those favoring and those opposing the resolution. No amendment to
such motion shall be in order, and it shall not be in order to move
to reconsider the vote by which such motion is agreed to or
disagreed to.
(3) If the motion to discharge is agreed to or disagreed to, such
motion may not be renewed, nor may another motion to discharge the
committee be made with respect to any other resolution with respect
to the same facility or facilities.
(e) Motion to consider resolution; amendment
(1) Where the committee has reported, or has been discharged from
further consideration of, a resolution with respect to a facility
or facilities, it shall at any time thereafter be in order (even
though a previous motion to the same effect has been disagreed to)
to move to proceed to the consideration of such resolution. Such
motion shall be highly privileged and shall not be debatable. No
amendment to such motion shall be in order and it shall not be in
order to move to reconsider the vote by which such motion is agreed
to or disagreed to.
(2) Debate on the resolution shall be limited to not to exceed
ten hours, which shall be equally divided between those favoring
and those opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to recommit, the
resolution shall be in order, and it shall not be in order to move
to reconsider the vote by which the resolution is agreed to or
disagreed to.
(f) Motions and appeals from decisions on rules to be decided
without debate
(1) All motions to postpone, made with respect to the discharge
from committee, or the consideration of, a resolution with respect
to a facility or facilities, and all motions to proceed to the
consideration of other business, shall be decided without debate.
(2) All appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to a
resolution with respect to a facility or facilities, shall be
decided without debate.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 23, 67 Stat. 415.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941v 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941v. Rejection of recommended sales contract; right to
review of purchaser of other facilities; minimum annual
production necessary to sustain disposal report
-STATUTE-
Notwithstanding any provisions of this Act [sections 1941 to
1941y of this Appendix], in the event that the recommended sale of
any facility is disapproved by either House of the Congress, any
prospective purchaser of any other facility shall have a period of
thirty days after the termination of the period for review by the
Congress in which to reject the recommended sales contract with
regard to the facility or facilities which he has agreed to
purchase: Provided, That if as a result of the disapproval by
either House of the Congress of the sale of any facility or
facilities, or as a result of the rejection of one or more sales
contracts by any prospective purchaser as provided in this section,
the remaining facilities to be sold will in the aggregate not be
capable of annually producing at least 500,000 long tons of general
purpose synthetic rubber and at least 43,000 long tons of butyl
rubber, then no facility shall be sold under this Act [said
sections], and for the purposes of this Act [said sections] the
report of the Commission shall be deemed to have been disapproved
in its entirety.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 24, 67 Stat. 416.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1941w 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941w. Disposal of rubber-producing facility at Baytown, Texas
-STATUTE-
(a) Receipt of proposal
Notwithstanding the second sentence of section 7(a) [section
1941e(a) of this Appendix], the period for receipt of proposals for
the purchase of the Government-owned rubber-producing facility at
Baytown, Texas, known as Plancor Numbered 877, shall not expire
until the end of the thirty-day period which begins on the date of
the enactment of this section [Mar. 31, 1955].
(b) Negotiation period
If one or more proposals are received for the purchase of Plancor
Numbered 877 within the time period specified in subsection (a),
the Commission, notwithstanding the expiration of the period for
negotiation specified in section 7 (f) [section 1941e(f) of this
Appendix], shall negotiate with those submitting the proposals for
a period of not to exceed sixty days for the purpose of entering
into a definite contract of sale.
(c) Report to Congress; transfer period
Within ten days after the termination of the actual negotiation
period referred to in subsection (b), the Commission shall prepare
and submit to the Congress a report containing, with respect to the
disposal under this section of Plancor Numbered 877, the
information described in paragraphs (1) to (5), inclusive, and
paragraph (8) of section 9(a) [section 1941g(a) of this Appendix].
Unless the contract is disapproved by either House of the Congress
by a resolution prior to the expiration of thirty days of
continuous session (as defined in section 9(c) [section 1941g(c) of
this Appendix]) of the Congress following the date upon which the
report is submitted to it, upon the expiration of such thirty-day
period the contract shall become fully effective and the Commission
shall proceed to carry it out, and transfer of possession of the
facility sold shall be made as soon as practicable but in any event
within thirty days after the expiration of such thirty-day period.
The failure to complete transfer of possession within thirty days
after the expiration of the period for congressional review shall
not give rise to or be the basis of rescission of the contract of
sale.
(d) Standby condition
If, upon termination of the transfer period provided for in
subsection (c), no contract for the sale of Plancor Numbered 877
has become effective, the operating agency last designated by the
President shall, as promptly as possible consistent with sound
operating procedures, take said Plancor out of production and place
it in adequate standby condition under the provisions of section 8
of the Rubber Producing Facilities Disposal Act of 1953 [section
1941f of this Appendix]: Provided, That the provisions in said
section relating to the time for placing facilities in standby
condition shall not apply to Plancor Numbered 877.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 25, as added Mar. 31, 1955, ch. 19,
Sec. 1, 69 Stat. 15.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-MISC1-
SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL
Section 2 of act Mar. 31, 1955, provided that: "Notwithstanding
the provisions of section 3(d) of the Rubber Producing Facilities
Disposal Act of 1953 [section 1941a(d) of this Appendix], the
Rubber Producing Facilities Disposal Commission (hereinafter
referred to as the 'Commission') before submission to the Congress
of its report relative to Plancor Numbered 877, shall submit it to
the Attorney General, who shall, within seven days after receiving
the report, advise the Commission whether, in his opinion, the
proposed disposition, if carried out, will violate the antitrust
laws."
DISPOSAL CRITERIA
Section 5 of act Mar. 31, 1955, provided that: "Except as
otherwise provided in this Act [enacting this section and
provisions set out as notes under sections 1938, 1941r, and 1941w
of this Appendix], disposal of Plancor Numbered 877 shall be fully
subject to all the provisions of the Rubber Producing Facilities
Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and
such criteria as have been established by the Commission in
handling disposal of other Government-owned rubber producing
facilities under that Act: Provided, That the provisions of
sections 7(j), 7 (k), 9(d), 9(f), 10, 11, 15, and 24 of that Act
[sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i,
1941m, and 1941v of this Appendix] shall not apply to the disposal
of Plancor Numbered 877. As promptly as practicable following the
date of transfer of possession of Plancor Numbered 877 to a
purchaser under this Act, the operating agency last designated by
the President shall offer for sale to such purchaser the end
products produced at such plant and held in inventory for
Government account on the day of such transfer of possession,
together with the feedstocks then located at such plant or
purchased by the operating agency for use at such plant. Sale of
such end products shall be made at the Government sales price
prevailing on the business day next preceding the date of transfer
of possession of such plant. Sale of such feedstocks shall be made
at not less than their cost to the Government. In the event the
purchaser declines to purchase such end products or feedstocks when
first offered to it by the operating agency, they may be thereafter
disposed of in such manner as the operating agency deems advisable.
In the event Plancor Numbered 877 is not sold under the provisions
of this Act, any end products produced at such plant and held in
inventory for Government account on the day such plant is placed in
standby condition pursuant to section 25(d) of the Rubber Producing
Facilities Disposal Act of 1953, as added by this Act [subsec. (d)
of this section], and any feedstocks then located at such plant or
purchased by the operating agency for use at such plant shall be
disposed of in such manner as the operating agency deems advisable,
at the prevailing market price for such end products and
feedstocks."
LEASE OR SALE OF TANK CARS
Section 6 of act Mar. 31, 1955, provided that: "Notwithstanding
any provision of the Rubber Producing Facilities Disposal Act of
1953 [sections 1941 to 1941y of this Appendix] and notwithstanding
any other provision of this Act [enacting this section and
provisions set out as notes under sections 1938, 1941r, and 1941w
of this Appendix], the Commission or, after it ceases to exist,
such agency of the Government as the President may designate, may,
after securing the advice of the Attorney General as to whether the
proposed lease or sale would tend to create or maintain a situation
inconsistent with the antitrust laws, enter into leases or
contracts of sale for all or any number of 448 pressure tank cars
(ICC Classification ICC-104AW) for which the Commission invited
proposals to purchase pursuant to that Act. Each such lease may be
for such duration and each such lease or contract of sale may be
made on such terms (including type of use) as the Commission or
such other agency deems advisable in the public interest: Provided,
That each such lease or contract of sale shall contain, among other
provisions, a national security clause, and each such lease shall
contain provisions for the recapture of the tank cars leased by the
Government and the termination of the lease, if the President
determines that the national interest so requires. The rental or
price for any such tank car or cars shall be an amount which the
Commission or such agency determines to be the maximum amount
obtainable in the public interest, but not less than fair value as
determined by the Commission. Any of such tank cars not under lease
or contract of sale to non-Federal lessees or purchasers may be
transferred without charge by the Commission or such agency to any
Government department or agency upon request, for such use as the
Commission or such agency deems advisable and subject to national
security and recapture provisions of the type hereinabove provided
for in this section running in favor of the Commission or other
agency transferring the tank car or cars. Any of such tank cars not
sold or under lease or transferred as hereinabove provided shall be
placed and maintained in adequate standby condition pursuant to the
provisions of section 8 of the Rubber Producing Facilities Disposal
Act of 1953 [section 1941f of this Appendix]."
LIMITATION
Section 7 of act Mar. 31, 1955, provided that: "The provisions of
this Act [enacting this section and provisions set out as notes
under sections 1938, 1941r, and 1941w of this Appendix] shall not
be applicable to the disposal of any Government-owned
rubber-producing facilities other than Plancor Numbered 877 and 448
pressure tank cars (ICC Classification-ICC 104AW); and all action
taken pursuant to the provisions of the Rubber Producing Facilities
Disposal Act of 1953 [sections 1941 to 1941y of this Appendix]
prior to the enactment of this Act [Mar. 31, 1955] shall be
governed by the provisions of that Act [sections 1941 to 1941y of
this Appendix] as it existed prior to the enactment of this Act and
shall have the same force and effect as if this Act had not been
enacted."
-End-
-CITE-
50 USC APPENDIX Sec. 1941x 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941x. Disposal of rubber-producing facility at Institute,
West Virginia
-STATUTE-
(a) Receipt of proposal
Notwithstanding the second sentence of section 7(a) [section
1941e(a) of this Appendix], the period for receipt of proposals for
the purchase of the Government-owned rubber-producing facility at
Institute, West Virginia, known as Plancor Numbered 980, shall not
expire until the end of the sixty-day period which begins on the
date of the enactment of this section [Aug. 9, 1955].
(b) Negotiation period
If one or more proposals are received for the purchase of Plancor
Numbered 980 within the time period specified in subsection (a),
the Commission, notwithstanding the expiration of the period for
negotiation specified in section 7 (f) [section 1941e(f) of this
Appendix], shall negotiate with those submitting the proposals for
a period of not to exceed seventy-five days for the purpose of
entering into a definite contract of sale.
(c) Report to Congress; transfer period
Within ten days after the termination of the actual negotiation
period referred to in subsection (b), or, if Congress is not then
in session, within ten days after Congress next convenes, the
Commission shall prepare and submit to the Congress a report
containing with respect to the disposal under this section of
Plancor Numbered 980, the information described in paragraphs (1)
to (5), inclusive, and paragraph (8) of section 9(a) [section
1941g(a) of this Appendix]. Unless the contract is disapproved by
either House of the Congress by a resolution prior to the
expiration of thirty days of continuous session (as defined in
section 9(c) [section 1941g(c) of this Appendix]) of the Congress
following the date upon which the report is submitted to it, upon
the expiration of such thirty-day period the contract shall become
fully effective and the Commission shall proceed to carry it out,
and transfer of possession of the facility sold shall be made as
soon as practicable but in any event within thirty days after the
expiration of such thirty-day period. The failure to complete
transfer of possession within thirty days after the expiration of
the period for congressional review shall not give rise to or be
the basis of rescission of the contract of sale.
(d) Standby condition
If, upon termination of the transfer period provided for in
subsection (c), no contract for the sale of Plancor Numbered 980
has become effective, the operating agency last designated by the
President shall continue to maintain said Plancor in adequate
standby condition under the provisions of section 8 of the Rubber
Producing Facilities Disposal Act of 1953 [section 1941f of this
Appendix].
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 26, as added Aug. 9, 1955, ch. 696,
Sec. 1, 69 Stat. 628.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-MISC1-
SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL
Section 2 of act Aug. 9, 1955, provided that: "Notwithstanding
the provisions of section 3(d) of the Rubber Producing Facilities
Disposal Act of 1953 [section 1941a(d) of this Appendix], the
Rubber Producing Facilities Disposal Commission (hereinafter
referred to as the 'Commission') before submission to the Congress
of its report relative to Plancor Numbered 980, shall submit it to
the Attorney General, who shall, within seven days after receiving
the report, advise the Commission whether, in his opinion, the
proposed disposition, if carried out, will violate the antitrust
laws."
DISPOSAL CRITERIA
Section 5 of act Aug. 9, 1955, provided that: "Except as
otherwise provided in this Act [enacting this section and
provisions set out as notes under sections 1938, 1941r, and 1941x
of this Appendix], disposal of Plancor Numbered 980 shall be fully
subject to all the provisions of the Rubber Producing Facilities
Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and
such criteria as have been established by the Commission in
handling disposal of other Government-owned rubber producing
facilities under that Act: Provided, That the provisions of
sections 7(j), 7(k), 9(d), 9(f), 10, 11, 15, and 24 of that Act
[sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i,
1941m, and 1941v of this Appendix] shall not apply to the disposal
of Plancor Numbered 980. As promptly as practicable following the
date of transfer of possession of Plancor Numbered 980 to a
purchaser under this Act, the operating agency last designated by
the President shall offer for sale to such purchaser the end
products at such plant and held in inventory for Government account
on the day of such transfer of possession, together with the
feedstocks then located at such plant or purchased by the operating
agency for use at such plant. Sale of such end products shall be
made at the Government sales price prevailing on the business day
next preceding the date of transfer of possession of such plant.
Sale of such feedstocks shall be made at not less than their cost
to the Government. In the event the purchaser declines to purchase
such end products or feedstocks when first offered to it by the
operating agency, they may be thereafter disposed of in such manner
as the operating agency deems advisable. In the event Plancor
Numbered 980 is not sold under the provisions of this Act, any end
products at such plant and held in inventory for Government account
and any feedstocks located at such plant or purchased by the
operating agency for use at such plant shall be disposed of in such
manner as the operating agency deems advisable, at the prevailing
market price for such end products and feedstocks."
LIMITATION
Section 6 of act Aug. 9, 1955, provided that: "The provisions of
this Act [enacting this section and provisions set out as notes
under sections 1938, 1941r, and 1941x of this Appendix] shall not
be applicable to the disposal of any Government-owned
rubber-producing facilities other than Plancor Numbered 980; and
all action taken pursuant to the provisions of the Rubber Producing
Facilities Disposal Act of 1953 [sections 1941 to 1941y of this
Appendix], or the amendment thereto known as Public Law 19 [section
1941w of this Appendix], enacted March 31, 1955, prior to the
enactment of this Act [Aug. 9, 1955] shall be governed by the
provisions of that Act as it existed prior to the enactment of this
Act and shall have the same force and effect as if this Act had not
been enacted."
-End-
-CITE-
50 USC APPENDIX Sec. 1941y 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES
ACT AUG. 7, 1953, CH. 338, 67 STAT. 408
-HEAD-
Sec. 1941y. Disposal of rubber-producing facility at Louisville,
Kentucky
-STATUTE-
(a) Receipt of proposal
Notwithstanding the second sentence of section 7(a) [section
1941e(a) of this Appendix], the period for receipt of proposals for
the purchase of the Government-owned rubber-producing facility at
Louisville, Kentucky, known as Plancor Numbered 1207 and
hereinafter referred to as the "Louisville plant", shall not expire
until the end of the thirty-day period which begins on the date of
the enactment of this section [Mar. 21, 1956].
(b) Negotiation period
If one or more proposals are received for the purchase of the
Louisville plant within the time period specified in subsection
(a), the Commission, notwithstanding the expiration of the period
for negotiation specified in section 7(f) [section 1941e(f) of this
Appendix], shall negotiate with those submitting the proposals for
a period of not to exceed thirty days for the purpose of entering
into a contract of sale.
(c) Report to Congress; transfer period
Within ten days after the termination of the actual negotiation
period referred to in subsection (b), or, if Congress is not then
in session, within ten days after Congress next convenes, the
Commission shall prepare and submit to the Congress a report
containing, with respect to the disposal under this section of the
Louisville plant, the information described in paragraphs 1, 2, 3,
4, and 8 of section 9(a) [section 1941g(a) of this Appendix].
Unless the contract is disapproved by either House of the Congress
by a resolution prior to the expiration of thirty days of
continuous session (as defined in section 9(c) [section 1941g(c) of
this Appendix]) of the Congress following the date upon which the
report is submitted to it, upon the expiration of such thirty-day
period the contract shall become fully effective and the Commission
shall proceed to carry it out, and transfer of possession of the
facility sold shall be made as soon as practicable but in any event
within thirty days after the expiration or termination of the
existing lease on the Louisville plant. The failure to complete
transfer of possession within thirty days after expiration or
termination of the existing lease shall not give rise to or be the
basis of rescission of the contract of sale.
-SOURCE-
(Aug. 7, 1953, ch. 338, Sec. 27, as added Mar. 21, 1956, ch. 89,
Sec. 1, 70 Stat. 51.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions, property, records, etc., of Rubber Producing
Facilities Disposal Commission transferred to Federal Facilities
Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199,
set out under section 1941r of this Appendix.
Federal Facilities Corporation dissolved and functions, property,
records, etc., transferred to Administrator of General Services by
Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note
under section 1938 of this Appendix.
-MISC1-
SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL
Section 2 of act Mar. 21, 1956, provided that: "Notwithstanding
the provisions of section 3(d) of the Rubber Producing Facilities
Disposal Act of 1953 [section 1941a(d) of this Appendix], the
Rubber Producing Facilities Disposal Commission (hereinafter
referred to as the 'Commission'), before submission to the Congress
of its report relative to the Louisville plant shall submit it to
the Attorney General, who shall, within seven days after receiving
the report, advise the Commission whether, in his opinion, the
proposed disposition, if carried out, will violate the antitrust
laws."
LEASE; TRANSMITTAL TO ATTORNEY GENERAL; CONGRESSIONAL REVIEW
Section 4 of act Mar. 21, 1956, provided that:
"(a) Notwithstanding the provisions of section 9(d) [section
1941g(d) of this Appendix] and notwithstanding the period of lease
limitation in section 9(f) [section 1941g(f) of this Appendix] of
the Rubber Producing Facilities Disposal Act of 1953, the
Commission or its successor may, provided the period for receipt of
proposals for the purchase of the Louisville plant has expired as
provided in section 27(a) of that Act [subsection (a) of this
section] and no proposal or contract for the purchase of the
Louisville plant is then pending or in effect, extend the existing
lease or enter into a new lease on the Louisville plant for a term
of not less than five years nor more than fifteen years from the
date of termination of said existing lease.
"(b) Notwithstanding the provisions of sections 8(a)(3) and 9(f)
of the Rubber Producing Facilities Disposal Act of 1953 [sections
1941f(a)(3) and 1941g(f) of this Appendix] relating to the period
for review by the Attorney General, the Commission, before
submission to the Congress of a lease or lease extension relative
to the Louisville plant, shall submit it to the Attorney General,
who shall, within seven days after receiving the lease or lease
extension, advise the Commission whether the proposed lease or
lease extension would tend to create or maintain a situation
inconsistent with the antitrust laws.
"(c) Within ten days after the termination of the lease
negotiations authorized in subsection (a) of this section, or, if
Congress is not then in session, within ten days after Congress
next convenes, the Commission shall report to the Congress the
lease or lease extension negotiated pursuant to this section. The
Commission shall submit at the same time the statement of the
Attorney General approving the proposed lease or lease extension in
accordance with the standard set forth in subsection (b) of this
section, and the names of the persons who have represented the
Government or lessee in conducting negotiations for the lease or
lease extension on the Louisville plant. Unless the lease or lease
extension is disapproved by either House of the Congress by
resolution prior to the expiration of thirty days of continuous
session (as defined in section 9(c) of the Rubber Producing
Facilities Disposal Act of 1953 [section 1941g(c) of this
Appendix]) of the Congress following the date upon which the lease
or lease extension is submitted to it, upon the expiration of such
thirty-day period the lease or lease extension shall become fully
effective and the Commission shall proceed to carry it out in
accordance with its terms."
DISPOSAL CRITERIA
Section 5 of act Mar. 21, 1956, provided that: "Except as
otherwise provided in this Act [enacting this section and
provisions set out as notes under sections 1941f, 1941r, and 1941y
of this Appendix], the disposal or lease of the Louisville plant
shall be fully subject to all the provisions of the Rubber
Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y
of this Appendix] and such criteria as have been established by the
Commission in handling disposal of other Government-owned rubber
producing facilities under this Act: Provided, That the provisions
of sections 7(j), 7(k), 10, 15 and 24 of that Act [sections
1941e(j), 1941e(k), 1941h, 1941m and 1941v of this Appendix] shall
not apply to the disposal or lease of the Louisville plants."
-End-
-CITE-
50 USC APPENDIX DISPLACED PERSONS, REFUGEES AND
ORPHANS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
-HEAD-
DISPLACED PERSONS, REFUGEES AND ORPHANS
-End-
-CITE-
50 USC APPENDIX ADMISSION OF DISPLACED PERSONS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ADMISSION OF DISPLACED PERSONS
-HEAD-
ADMISSION OF DISPLACED PERSONS
-End-
-CITE-
50 USC APPENDIX ACT JUNE 25, 1948, CH. 647, 62
STAT. 1009 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009
-HEAD-
ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009
-End-
-CITE-
50 USC APPENDIX Secs. 1951 to 1965 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT JUNE 25, 1948, CH. 647, 62 STAT. 1009
-HEAD-
Secs. 1951 to 1965. Omitted
-COD-
CODIFICATION
Sections 1951 to 1965 authorized admission of displaced persons
and permitted the issuance of immigration visas without regard to
quota limitations prior to June 30, 1952.
Section 1951, acts June 25, 1948, ch. 647, Sec. 2, 62 Stat. 1009;
June 16, 1950, ch. 262, Secs. 1 to 3, 64 Stat. 219; June 28, 1951,
ch. 167, Sec. 2, 65 Stat. 96, defined terms used in sections 1951
to 1965 of this Appendix.
Section 1952, acts June 25, 1948, ch. 647, Sec. 3, 62 Stat. 1010;
June 16, 1950, ch. 262, Sec. 4, 64 Stat. 221; June 28, 1951, ch.
167, Sec. 1, 65 Stat. 96; June 27, 1952, ch. 477, title IV, Sec.
402(h)(1), (2), 66 Stat. 277, authorized issuance of visas prior to
June 30, 1952, and provided for use of quota numbers.
Section 1953, acts June 25, 1948, ch. 647, Sec. 4, 62 Stat. 1011;
June 16, 1950, ch. 262, Sec. 5, 64 Stat. 224; June 27, 1952, ch.
477, title IV, Sec. 402(h)(3), 66 Stat. 277, provided for
adjustment of immigration status of aliens who entered prior to
Apr. 30, 1949, if application for adjustment was made within two
years after June 25, 1948.
Section 1954, acts June 25, 1948, ch. 647, Sec. 5, 62 Stat. 1011;
June 28, 1951, ch. 167, Sec. 3, 65 Stat. 96; June 27, 1952, ch.
477, title IV, Sec. 402(h)(4), 66 Stat. 277, related to
determination of quota nationality.
Section 1955, acts June 25, 1948, ch. 647, Sec. 6, 62 Stat. 1012;
June 16, 1950, ch. 262, Sec. 6, 64 Stat. 224; June 27, 1952, ch.
477, title IV, Sec. 402(h)(5), 66 Stat. 277, related to preferences
and priorities and authorized a "good faith" oath.
Section 1956, acts June 25, 1948, ch. 647, Sec. 7, 62 Stat. 1012;
June 12, 1950, ch. 262, Sec. 7, 64 Stat. 225, required priority to
be given to persons who bore arms against enemies of the United
States or who served in labor service or guard units of the U.S.
Army.
Section 1957, acts June 25, 1948, ch. 647, Sec. 8, 62 Stat. 1012;
Oct. 15, 1949, ch. 695, Sec. 6(a), 63 Stat. 881; June 16, 1950, ch.
262, Sec. 8, 64 Stat. 225, created a Displaced Persons Commission
of three members appointed for a term ending August 31, 1952 and
provided for appropriations, employment of personnel, issuance of
rules and regulations and reports to the President and the
Congress, including a final report at the end of the Commission's
term. Acts June 25, 1948, ch. 647, Sec. 8, 62 Stat. 1012; Oct. 15,
1949, ch. 695, Sec. 6(a), 63 Stat. 881, were subsequently repealed
by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 654, 655.
Section 1958, act June 25, 1948, ch. 647, Sec. 9, 62 Stat. 1013,
related to reporting to Displaced Persons Commission by admitted
persons.
Section 1959, acts June 25, 1948, ch. 647, Sec. 10, 62 Stat.
1013; June 16, 1950, ch. 262, Sec. 9, 64 Stat. 225, provided for
investigation and report on all persons prior to admittance.
Section 1960, act June 25, 1948, ch. 647, Sec. 11, 62 Stat. 1013,
prohibited preference or priority for visas under other laws after
June 30, 1948.
Section 1961, acts June 25, 1948, ch. 647, Sec. 12, 62 Stat.
1013; June 16, 1950, ch. 262, Sec. 10, 64 Stat. 226; June 27, 1952,
ch. 477, title IV, Sec. 402(h)(6), 66 Stat. 278, related to
admission of persons of German ethnic origin.
Section 1962, acts June 25, 1948, ch. 647, Sec. 13, 62 Stat.
1014; June 16, 1950, ch. 262, Sec. 11, 64 Stat. 227, enumerated
persons excluded from provisions authorizing visas.
Section 1962a, act June 25, 1948, ch. 647, Sec. 14, as added June
16, 1950, ch. 262, Sec. 12, 64 Stat. 227, authorized the
Reconstruction Finance Corporation to make advances to the
Displaced Persons Commission.
Section 1963, act June 25, 1948, ch. 647, Sec. 15, formerly Sec.
14, 62 Stat. 1014, renumbered June 16, 1950, ch. 262, Sec. 12, 64
Stat. 227, prescribed penalties for violations of sections 1951 to
1965 of this Appendix.
Section 1964, act June 25, 1948, ch. 647, Sec. 16, as added June
16, 1950, ch. 262, Sec. 13, 64 Stat. 228, related to conferences
respecting problems of persons of German ethnic origin.
Section 1965, act June 25, 1948, ch. 647, Sec. 17, as added June
16, 1950, ch. 262, Sec. 14, 64 Stat. 228, required transportation
by American flagships or planes.
-End-
-CITE-
50 USC APPENDIX ADMISSION OF REFUGEES AND
ORPHANS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ADMISSION OF REFUGEES AND ORPHANS
-HEAD-
ADMISSION OF REFUGEES AND ORPHANS
-End-
-CITE-
50 USC APPENDIX ACT AUG. 7, 1953, CH. 336, 67
STAT. 400 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT AUG. 7, 1953, CH. 336, 67 STAT. 400
-HEAD-
ACT AUG. 7, 1953, CH. 336, 67 STAT. 400
-End-
-CITE-
50 USC APPENDIX Secs. 1971 to 1971q 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT AUG. 7, 1953, CH. 336, 67 STAT. 400
-HEAD-
Secs. 1971 to 1971q. Omitted
-COD-
CODIFICATION
Sections 1971 to 1971q were omitted as terminated Dec. 31, 1956,
pursuant to section 1971q of this Appendix.
Section 1971, act Aug. 7, 1953, ch. 336, Sec. 2, 67 Stat. 400,
defined terms used in sections 1971 to 1971q of this Appendix.
Section 1971a, act Aug. 7, 1953, ch. 336, Sec. 3, 67 Stat. 401,
authorized issuance of 205,000 special nonquota immigrant visas to
aliens and their spouses, unmarried children under 21 years of age,
stepchildren, and children adopted prior to July 1, 1953.
Section 1971b, acts Aug. 7, 1953, ch. 336, Sec. 4, 67 Stat. 401;
Aug. 31, 1954, ch. 1169, Sec. 1, 68 Stat. 1044, provided for
allocation among classes of visas issued under section 1971a of
this Appendix.
Section 1971c, acts Aug. 7, 1953, ch. 336, Sec. 5, 67 Stat. 402;
Aug. 31, 1954, ch. 1169, Sec. 2, 68 Stat. 1044, authorized not more
than 4,000 special nonquota immigrants visas to eligible orphans.
Section 1971d, acts Aug. 7, 1953, ch. 336, Sec. 6, 67 Stat. 403;
Aug. 31, 1954, ch. 1169, Sec. 3, 68 Stat. 1044, permitted
applications not later than June 30, 1955, to adjust immigrant
status of temporary residents.
Section 1971e, acts Aug. 7, 1953, ch. 336, Sec. 7, 67 Stat. 403;
Aug. 31, 1954, ch. 1169, Sec. 4, 68 Stat. 1045, related to
assurances of citizen sponsors, and deportation for
inadmissibility.
Section 1971f, act Aug. 7, 1953, ch. 336, Sec. 8, 67 Stat. 404,
related to intergovernmental arrangements for assistance to
immigrants and use of American ships and airplanes.
Section 1971g, act Aug. 7, 1953, ch. 336, Sec. 9, 67 Stat. 405,
related to determination of eligibility on a nondiscriminatory
basis.
Section 1971h, act Aug. 7, 1953, ch. 336, Sec. 10, 67 Stat. 405,
related to an exemption from visa fees.
Section 1971i, act Aug. 7, 1953, ch. 336, Sec. 11, 67 Stat. 405,
related to safeguards in regards to security-screening.
Section 1971j, act Aug. 7, 1953, ch. 336, Sec. 12, 67 Stat. 405,
related to priorities in consideration of visa applications.
Section 1971k, act Aug. 7, 1953, ch. 336, Sec. 13, 67 Stat. 406,
related to priorities of persons eligible under the Displaced
Persons Act of 1948.
Section 1971l, act Aug. 7, 1953, ch. 336, Sec. 14, 67 Stat. 406,
related to ineligibility of certain persons.
Section 1971m, act Aug. 7, 1953, ch. 336, Sec. 15, 67 Stat. 406,
related to applicability of Immigration and Nationality Act.
Section 1971n, act Aug. 7, 1953, ch. 336, Sec. 16, 67 Stat. 406,
related to loans to pay transportation.
Section 1971o, act Aug. 7, 1953, ch. 336, Sec. 17, 67 Stat. 407,
related to eligible aliens as nonquota immigrants.
Section 1971p, act Aug. 7, 1953, ch. 336, Sec. 19, 67 Stat. 407,
related to semi-annual reports to President and Congress.
Section 1971q, act Aug. 7, 1953, ch. 336, Sec. 20, 67 Stat. 407,
provided that no immigrant visa would issue under sections 1971 to
1971q of this Appendix after Dec. 31, 1956.
-End-
-CITE-
50 USC APPENDIX ADMISSION OF ORPHANS ADOPTED BY
CITIZENS SERVING ABROAD 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ADMISSION OF ORPHANS ADOPTED BY CITIZENS SERVING ABROAD
-HEAD-
ADMISSION OF ORPHANS ADOPTED BY CITIZENS SERVING ABROAD
-End-
-CITE-
50 USC APPENDIX ACT JULY 29, 1953, CH. 268, 67
STAT. 229 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT JULY 29, 1953, CH. 268, 67 STAT. 229
-HEAD-
ACT JULY 29, 1953, CH. 268, 67 STAT. 229
-End-
-CITE-
50 USC APPENDIX Secs. 1975 to 1975c 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DISPLACED PERSONS, REFUGEES AND ORPHANS
ACT JULY 29, 1953, CH. 268, 67 STAT. 229
-HEAD-
Secs. 1975 to 1975c. Omitted
-COD-
CODIFICATION
Sections 1975 to 1975c were omitted as terminated pursuant to
section 1975 of this Appendix.
Section 1975, act July 29, 1953, ch. 268, Sec. 1, 67 Stat. 229,
authorized 500 special quota nonimmigrant visas for certain orphans
and provided that the issuance of such visas under sections 1975 to
1975c of this Appendix would terminate no later than Dec. 31, 1954.
Section 1975a, act July 29, 1953, ch. 268, Sec. 2, 67 Stat. 229,
defined "eligible orphan".
Section 1975b, act July 29, 1953, ch. 268, Sec. 3, 67 Stat. 230,
related to rights of natural parents under Immigration and
Nationality Act.
Section 1975c, act July 29, 1953, ch. 268, Sec. 4, 67 Stat. 230,
related to eligible orphans as nonquota immigrants.
-End-
-CITE-
50 USC APPENDIX AMERICAN-JAPANESE EVACUATION
CLAIMS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
-HEAD-
AMERICAN-JAPANESE EVACUATION CLAIMS
-End-
-CITE-
50 USC APPENDIX ACT JULY 2, 1948, CH. 814, 62
STAT. 1231 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-MISC1-
Sec.
1981. Attorney General's jurisdiction; uncompensated claims;
condition precedent; definitions.
1982. Time limitation on presentation of claims; claims
excluded.
1983. Notice; evidence; records.
1984. Compromise of claims by Attorney General; jurisdiction
of United States Court of Federal Claims to determine
claims timely filed; report to Congress; payment of
awards; finality of decisions.
1985. Attorney's fees; penalty for overcharging.
1986. Administration.
1987. Authorization of appropriations.
-End-
-CITE-
50 USC APPENDIX Sec. 1981 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1981. Attorney General's jurisdiction; uncompensated claims;
condition precedent; definitions
-STATUTE-
(a) The Attorney General shall have jurisdiction to compromise
and settle and make an award in an amount not to exceed $100,000 as
hereinafter provided on any claim by a person of Japanese ancestry
against the United States arising on or after December 7, 1941,
when such claim is not compensated for by insurance or otherwise,
for damage to or loss of real or personal property (including
without limitation as to amount damage to or loss of personal
property bailed to or in the custody of the Government or any agent
thereof), that is (except as is otherwise provided by subsections
1(b)(2) and (1)(b)(3)) [subsections (b)(2) and (b)(3) of this
section] a reasonable and natural consequence of the evacuation or
exclusion of such person by the appropriate military commander from
a military area in Arizona, California, Oregon, or Washington; or
from the Territory of Alaska, or the Territory of Hawaii, under
authority of Executive Order Numbered 9066, dated February 19, 1942
(3 C.F.R. Cum. Supp. 1092), section 67 of the Act of April 30, 1900
(48 U.S.C. 532), or Executive Order Numbered 9489, dated October
18, 1944 (3 C.F.R. 1944 Supp. 45).
(b) As used herein -
(1) "Evacuation" shall include voluntary departure from a
military area prior to but in anticipation of an order of exclusion
therefrom.
(2) "Claims by a person of Japanese ancestry" shall include
claims that were filed by any profit or nonprofit organization,
corporate or otherwise, the majority of whose stock was owned by,
or the majority of whose stockholders or members were, on December
7, 1941, and on the date of the filing of the claim, persons of
Japanese ancestry actually residing within the continental limits
of the United States or its Territories: Provided, however, That
the losses sustained by the particular organization were the result
(1) of the evacuation and exclusion of its stockholders or members,
or (2) of the evacuation and exclusion of persons of Japanese
ancestry upon whom the organization depended for its business or
support. Such claims shall not be barred by awards or disallowances
heretofore made.
(3) "Claim by a person of Japanese ancestry" shall also include
claims which have been timely filed for such damage or loss as
heretofore defined incurred by persons of Japanese ancestry
detained, interned, or paroled, and subsequently released, pursuant
to Revised Statutes, sections 4067-70, as amended (relating to
alien enemies) [50 U.S.C. 21 to 24]. Such claims shall also include
losses due to the exclusion of the families and relatives of such
persons during their detention or internment. Any such person shall
be deemed to have been excluded from such military areas and
territories as of the date he would have been evacuated had he not
been detained or interned. The claim of or on behalf of such person
shall not be barred by any award or disallowance heretofore made.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 1, 62 Stat. 1231; July 9, 1956, ch.
531, 70 Stat. 513.)
-REFTEXT-
REFERENCES IN TEXT
Section 67 of the Act of April 30, 1900 (48 U.S.C. 532), referred
to in subsec. (a), was omitted from the Code.
-MISC1-
AMENDMENTS
1956 - Subsec. (a). The former first sentence of section was
designated subsec. (a) by act July 9, 1956, which permitted the
Attorney General to compromise and settle and make an award in an
amount not to exceed $100,000.
Subsec. (b). The former second sentence of section was designated
subsec. (b) by act July 9, 1956, which defined "claims by a person
of Japanese ancestry" and "claim by a person of Japanese ancestry".
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-451, Sec. 1, Nov. 7, 2000, 114 Stat. 1947, provided
that: "This Act [enacting provisions set out as a note under this
section] may be cited as the 'Wartime Violation of Italian American
Civil Liberties Act'."
VIOLATION OF CIVIL LIBERTIES OF ITALIAN AMERICANS DURING WORLD WAR
II
Pub. L. 106-451, Sec. 3, Nov. 7, 2000, 114 Stat. 1947, provided
that: "The Attorney General shall conduct a comprehensive review of
the treatment by the United States Government of Italian Americans
during World War II, and not later than 1 year after the date of
the enactment of this Act [Nov. 7, 2000] shall submit to the
Congress a report that documents the findings of such review. The
report shall cover the period between September 1, 1939, and
December 31, 1945, and shall include the following:
"(1) The names of all Italian Americans who were taken into
custody in the initial roundup following the attack on Pearl
Harbor, and prior to the United States declaration of war against
Italy.
"(2) The names of all Italian Americans who were taken into
custody.
"(3) The names of all Italian Americans who were interned and
the location where they were interned.
"(4) The names of all Italian Americans who were ordered to
move out of designated areas under the United States Army's
'Individual Exclusion Program'.
"(5) The names of all Italian Americans who were arrested for
curfew, contraband, or other violations under the authority of
Executive Order No. 9066 [not classified to the Code].
"(6) Documentation of Federal Bureau of Investigation raids on
the homes of Italian Americans.
"(7) A list of ports from which Italian American fishermen were
restricted.
"(8) The names of Italian American fishermen who were prevented
from fishing in prohibited zones and therefore unable to pursue
their livelihoods.
"(9) The names of Italian Americans whose boats were
confiscated.
"(10) The names of Italian American railroad workers who were
prevented from working in prohibited zones.
"(11) A list of all civil liberties infringements suffered by
Italian Americans during World War II, as a result of Executive
Order No. 9066, including internment, hearings without benefit of
counsel, illegal searches and seizures, travel restrictions,
enemy alien registration requirements, employment restrictions,
confiscation of property, and forced evacuation from homes.
"(12) An explanation of whether Italian Americans were
subjected to civil liberties infringements, as a result of
Executive Order No. 9066, and if so, why other Italian Americans
were not.
"(13) A review of the wartime restrictions on Italian Americans
to determine how civil liberties can be better protected during
national emergencies."
COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS
Pub. L. 96-317, July 31, 1980, 94 Stat. 964, as amended by Pub.
L. 97-3, Feb. 10, 1981, 95 Stat. 5; Pub. L. 97-152, Mar. 16, 1982,
96 Stat. 11; Pub. L. 97-377, title I, Sec. 111A, Dec. 21, 1982, 96
Stat. 1911, provided for establishment of Commission on Wartime
Relocation and Internment of Civilians which was to, not later than
June 30, 1983, submit to Congress a final report and study
concerning facts and circumstances surrounding Ex. Ord. No. 9066,
issued Feb. 19, 1942, pursuant to which thousands of American
citizens and permanent resident aliens were relocated and detained
in internment camps, and which was to further review U.S. military
directives requiring relocation and detention of American citizens,
including Aleut civilians, and permanent resident aliens of
Aleutian and Pribilof Islands, as well as recommend appropriate
remedies for such actions, and further provided for establishment
of Commission as well as powers, administrative procedures,
appropriations, and termination of Commission 90 days after
submission of final report to Congress.
-End-
-CITE-
50 USC APPENDIX Sec. 1982 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1982. Time limitation on presentation of claims; claims
excluded
-STATUTE-
(a) The Attorney General shall receive claims for a period of
eighteen months from the date of the original enactment of this Act
[July 2, 1948]. All claims not presented within that time shall be
forever barred: Provided, however, That any claim received by the
Attorney General bearing a postmark prior to midnight, January 3,
1950, shall be considered to be timely filed within the said
eighteen months. Any claim, timely filed, may be amended at any
time prior to its final determination in order to include then
compensable items of claim which, by the provisions of this Act
[sections 1981 to 1987 of this Appendix] as they existed when the
claim was filed, the Attorney General was not authorized to
determine or consider.
(b) The Attorney General shall not consider any claim -
(1) by or on behalf of any person who after December 7, 1941,
was voluntarily or involuntarily deported from the United States
to Japan or by and on behalf of any alien who on December 7,
1941, was not actually residing in the United States;
(2) Except (!1) as provided in section 1(b)(3) [section
1981(b)(3) of this Appendix], for damage or loss arising out of
action taken by any Federal agency pursuant to sections 4067,
4068, 4069, and 4070 (relating to alien enemies) of the Revised
Statutes, as amended (50 U.S.C. 21 to 24), or pursuant to the
Trading With the Enemy Act, as amended (50 U.S.C. App., and
Supp., 1-31, 616);
(3) for damage or loss to any property, or interest therein,
vested in the United States pursuant to said Trading With the
Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44 of
this Appendix];
(4) for damage or loss on account of death or personal injury,
personal inconvenience, physical hardship, or mental suffering;
and
(5) for loss of anticipated profits or loss of anticipated
earnings.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 2, 62 Stat. 1231; July 9, 1956, ch.
531, 70 Stat. 514.)
-MISC1-
AMENDMENTS
1956 - Subsec. (a). Act July 9, 1956, validated claims received
by the Attorney General bearing a postmark prior to midnight, Jan.
3, 1950, and permitted amendment of claims timely filed.
Subsec. (b)(2). Act July 9, 1956, amended par. (2) generally,
inserting at beginning "Except as provided in section 1(b)(3),".
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
-End-
-CITE-
50 USC APPENDIX Sec. 1983 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1983. Notice; evidence; records
-STATUTE-
(a) The Attorney General shall give reasonable notice to the
interested parties and an opportunity for them to present evidence
before making a final determination upon any claim.
(b) For the purpose of any investigation authorized under this
Act [sections 1981 to 1987 of this Appendix], the provisions of
sections 9 and 10 (relating to examination of documentary evidence,
attendance of witnesses, and production of books, papers, and
documents) of the Federal Trade Commission Act of September 26,
1914, as amended (15 U.S.C. 49, 50), are made applicable to the
jurisdiction, powers, and duties of the Attorney General. Subpenas
may be served personally, by registered mail, by telegraph, or by
leaving a copy thereof at the residence or principal place of
business of the person required to be served. A verified return by
the individual so serving the same, setting forth the manner of
service, shall be proof of service. The United States marshals or
their deputies shall serve such process in their respective
districts.
(c) A record shall be kept of all proceedings under this Act
[sections 1981 to 1987 of this Appendix] and shall be open to
public inspection.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 3, 62 Stat. 1231; July 9, 1956, ch.
531, 70 Stat. 515.)
-MISC1-
AMENDMENTS
1956 - Subsec. (a). Act July 9, 1956, struck out provisions
permitting interested parties to be heard.
Subsec. (b). Act July 9, 1956, struck out provisions relating to
hearings.
Subsec. (c). Act July 9, 1956, struck out provisions relating to
hearings and substituted "records" for "written record".
-End-
-CITE-
50 USC APPENDIX Sec. 1984 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1984. Compromise of claims by Attorney General; jurisdiction
of United States Court of Federal Claims to determine claims
timely filed; report to Congress; payment of awards; finality of
decisions
-STATUTE-
(a) The Attorney General is authorized to compromise and settle
and make an award in an amount not to exceed $100,000 on any claim
timely filed under this Act, as amended [sections 1981 to 1987 of
this Appendix], on the basis of affidavits, available Government
records, and other information satisfactory to him.
(b) The United States Court of Federal Claims shall have
jurisdiction to determine any claim timely filed under this Act
[sections 1981 to 1987 of this Appendix]. A petition for the
determination of a claim by the United States Court of Federal
Claims shall be filed with the clerk of the said court and a copy
of the petition shall be served upon the Attorney General by
registered mail. Such a petition may be filed at any time after
enactment of this subsection except that it must be filed within
ninety days after the date of a notice by the Attorney General
served on the claimant by registered mail that no further
consideration will be given to the compromise of the claim. Upon
the timely filing and serving of such petition, the United States
Court of Federal Claims shall have jurisdiction to hear and
determine said claim in the same manner and under the same rules as
any other cause properly before it and applying rules of equity and
justice. Upon being served with a copy of such petition, the
Attorney General shall forthwith certify and transmit to the clerk
of the United States Court of Federal Claims the original statement
of the claim and any requested amendments thereto for filing with
the said clerk as a preliminary record in the case.
(c) On the first day of each regular session of Congress the
Attorney General shall transmit to Congress a full and complete
statement of all compromise settlements effected by the Attorney
General under this Act, as amended [sections 1981 to 1987 of this
Appendix], during the previous year, stating the name and address
of each claimant, the amount claimed, and the amount awarded. All
awards shall be paid in like manner as are final judgments of the
United States Court of Federal Claims.
(d) Except as herein provided, the payment of an award shall be
final and conclusive for all purposes, notwithstanding any other
provision of law to the contrary, and shall be a full discharge of
the United States and all of its officers, agents, servants, and
employees with respect to all claims arising out of the same
subject matter.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 4, 62 Stat. 1232; Aug. 17, 1951, ch.
327, Sec. 1, 65 Stat. 192; July 9, 1956, ch. 531, 70 Stat. 514;
Pub. L. 97-164, title I, Sec. 160(a)(19), Apr. 2, 1982, 96 Stat.
48; Pub. L. 98-620, title IV, Sec. 402(55), Nov. 8, 1984, 98 Stat.
3361; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106
Stat. 4516.)
-REFTEXT-
REFERENCES IN TEXT
Any time after enactment of this subsection, referred to in
subsec. (b), probably means any time after July 9, 1956, which was
the date of enactment of the 1956 amendment of subsec. (b).
-MISC1-
AMENDMENTS
1992 - Subsecs. (b), (c). Pub. L. 102-572 substituted "United
States Court of Federal Claims" for "United States Claims Court"
wherever appearing.
1984 - Subsec. (b). Pub. L. 98-620 struck out provisions that
required that such petitions be treated for docketing, hearing and
determination, to the fullest practicable extent, as if the
petition had been filed with the United States Claims Court on the
date the original claim was received by the Attorney General, but
that no such petition would have precedence over petitions
involving interest-bearing obligations of the United States.
1982 - Subsecs. (b), (c). Pub. L. 97-164 substituted "United
States Claims Court" for "Court of Claims" wherever appearing.
1956 - Subsec. (a). Act July 9, 1956, substituted provisions
permitting the Attorney General to compromise and settle and make
an award in an amount not to exceed $100,000 for provisions which
required him to adjudicate, except as to compromised claims, all
claims filed, by award or order of dismissal, upon written findings
of fact and reasons for the decision.
Subsec. (b). Act July 9, 1956, substituted provisions granting
jurisdiction to the Court of Claims to determine timely claims for
provisions which authorized the Attorney General to make payment of
any award not exceeding $2,500 in amount.
Subsec. (c). Act July 9, 1956, required the Attorney General to
report on all compromise settlements effected during the previous
year.
Subsec. (d). Act July 9, 1956, inserted "Except as herein
provided", and struck out provisions which barred any further claim
against the United States where there is an order of dismissal
against a claimant, unless set aside by the Attorney General.
1951 - Subsec. (a). Act Aug. 17, 1951, inserted exception as to
claims compromised.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
under section 1657 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164 set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
EXCLUSION FROM GROSS INCOME OF CERTAIN AWARDS MADE PURSUANT TO
EVACUATION CLAIMS OF JAPANESE-AMERICAN PERSONS
Pub. L. 87-834, Sec. 27, Oct. 16, 1962, 76 Stat. 1067, as amended
by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided
that:
"(a) In General. - No amount received as an award under the Act
entitled 'An Act to authorize the Attorney General to adjudicate
certain claims resulting from evacuation of certain persons of
Japanese ancestry under military orders', approved July 2, 1948, as
amended by Public Law 116, Eighty-second Congress, and Public Law
673, Eighty-fourth Congress (50 U.S.C. App., secs. 1981-1987),
shall be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1939 or chapter 1 of the Internal Revenue
Code of 1986 [formerly I.R.C. 1954].
"(b) Effective Date, etc. - Subsection (a) shall apply with
respect to taxable years ending after July 2, 1948. If refund or
credit of any overpayment of Federal income tax resulting from the
application of subsection (a) (including interest, additions to the
tax, additional amounts, and penalties) is prevented on the date of
the enactment of this Act [Oct. 16, 1962], or within one year from
such date, by the operation of any law or rule of law, the refund
or credit of such overpayment may nevertheless be made or allowed
if claim therefor is filed within one year after the date of
enactment of this Act [Oct. 16, 1962]. In the case of a claim to
which the preceding sentence applies, the amount to be refunded or
credited as an overpayment shall not be diminished by any credit or
setoff based upon any item other than the amount of the award
referred to in subsection (a). No interest shall be allowed or paid
on any overpayment resulting from the application of this section."
-End-
-CITE-
50 USC APPENDIX Sec. 1985 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1985. Attorney's fees; penalty for overcharging
-STATUTE-
The Attorney General, in rendering an award in favor of any
claimant, may as a part of the award determine and allow reasonable
attorneys' fees, which shall not exceed 10 per centum of the amount
allowed, to be paid out of, but not in addition to, the amount of
such award.
Any attorney who charges, demands, receives, or collects for
services rendered in connection with such claim any amount in
excess of that allowed under this section, if recovery be had,
shall be guilty of a misdemeanor, and shall upon conviction thereof
be subject to a fine of not more than $2,000, or imprisonment for
not more than one year, or both.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 5, 62 Stat. 1232.)
-End-
-CITE-
50 USC APPENDIX Sec. 1986 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1986. Administration
-STATUTE-
For the purposes of this Act [sections 1981 to 1987 of this
Appendix] the Attorney General may -
(a) appoint a clerk and such attorneys, examiners,
interpreters, appraisers, and other employees as may be
necessary;
(b) call upon any Federal department or agency for any
information or records necessary;
(c) secure the cooperation of State and local agencies,
governmental or otherwise, and reimburse such agencies for
services rendered;
(d) utilize such voluntary and uncompensated services as may
from time to time be needed and available;
(e) assist needy claimants in the preparation and filing of
claims;
(f) make such investigations as may be necessary;
(g) make expenditures for witness fees and mileage and for
other administrative expenses;
(h) prescribe such rules and regulations, perform such acts not
inconsistent with law, and delegate such authority as he may deem
proper in carrying out the provisions of this Act [sections 1981
to 1987 of this Appendix].
-SOURCE-
(July 2, 1948, ch. 814, Sec. 6, 62 Stat. 1232.)
-End-
-CITE-
50 USC APPENDIX Sec. 1987 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
AMERICAN-JAPANESE EVACUATION CLAIMS
ACT JULY 2, 1948, CH. 814, 62 STAT. 1231
-HEAD-
Sec. 1987. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated for the purposes
of this Act [sections 1981 to 1987 of this Appendix] such sums as
Congress may from time to time determine to be necessary.
-SOURCE-
(July 2, 1948, ch. 814, Sec. 7, 62 Stat. 1233; Aug. 17, 1951, ch.
327, Sec. 2, 65 Stat. 192; July 9, 1956, ch. 531, 70 Stat. 515.)
-MISC1-
AMENDMENTS
1956 - Act July 9, 1956, struck out provisions which made funds
available for payment of settlement awards.
1951 - Act Aug. 17, 1951, inserted provisions giving the Attorney
General authority to effect compromise settlement of certain
claims, not to exceed $2,500 in amount with respect to each such
claim.
-End-
-CITE-
50 USC APPENDIX RESTITUTION FOR WORLD WAR II
INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
-HEAD-
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
-End-
-CITE-
50 USC APPENDIX PUB. L. 100-383, AUG. 10, 1988,
102 STAT. 903 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
-HEAD-
PUB. L. 100-383, AUG. 10, 1988, 102 STAT. 903
-MISC1-
Sec.
1989. Purposes.
1989a. Statement of the Congress.
(a) With regard to individuals of Japanese
ancestry.
(b) With respect to the Aleuts.
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
1989b. Short title.
1989b-1. Remedies with respect to criminal convictions.
(a) Review of convictions.
(b) Recommendations for pardons.
(c) Action by the President.
1989b-2. Consideration of Commission findings by departments
and agencies.
(a) Review of applications by eligible individuals.
(b) No new authority created.
1989b-3. Trust Fund.
(a) Establishment.
(b) Investment of amounts in the Fund.
(c) Uses of the Fund.
(d) Termination.
(e) Authorization of appropriations.
1989b-4. Restitution.
(a) Location and payment of eligible individuals.
(b) Order of payments.
(c) Resources for locating eligible individuals.
(d) Administrative costs not paid from the Fund.
(e) Termination of duties of Attorney General.
(f) Clarification of treatment of payments under
other laws.
(g) Liability of United States limited to amount in
Fund.
(h) Judicial review.
1989b-5. Board of Directors of the Fund.
(a) Establishment.
(b) Uses of the Fund.
(c) Membership.
(d) Director and staff.
(e) Administrative support services.
(f) Gifts and donations.
(g) Annual reports.
(h) Termination.
1989b-6. Documents relating to the internment.
(a) Preservation of documents in National Archives.
(b) Public availability of certain records of the
House of Representatives.
1989b-7. Definitions.
1989b-8. Compliance with Budget Act.
1989b-9. Entitlements to eligible individuals.
(a) In general.
(b) Payments from discretionary appropriations.
(c) Definitions.
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
1989c. Short title.
1989c-1. Definitions.
1989c-2. Aleutian and Pribilof Islands Restitution Fund.
(a) Establishment.
(b) Report.
(c) Investment.
(d) Termination.
1989c-3. Appointment of Administrator.
1989c-4. Compensation for community losses.
(a) In general.
(b) Trust.
(c) Accounts for benefit of Aleuts.
(d) Compensation for damaged or destroyed church
property.
(c) Administrative and legal expenses.
1989c-5. Individual compensation of eligible Aleuts.
(a) Payments to eligible Aleuts.
(b) Assistance of Attorney General.
(c) Assistance of Administrator.
(d) Clarification of treatment of payments under
other laws.
(e) Payment in full settlement of claims against
United States.
(f) Authorization of appropriations.
1989c-6. Attu Island restitution program.
(a) Purpose of section.
(b) Acreage determination.
(c) Valuation.
(d) In lieu compensation payment.
(e) Village site conveyance.
(f) Authorization of appropriations.
1989c-7. Compliance with Budget Act.
1989c-8. Severability.
TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES
1989d. Exclusion of claims.
-End-
-CITE-
50 USC APPENDIX Sec. 1989 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
-HEAD-
Sec. 1989. Purposes
-STATUTE-
The purposes of this Act [sections 1989 to 1989d of this
Appendix] are to -
(1) acknowledge the fundamental injustice of the evacuation,
relocation, and internment of United States citizens and
permanent resident aliens of Japanese ancestry during World War
II;
(2) apologize on behalf of the people of the United States for
the evacuation, relocation, and internment of such citizens and
permanent resident aliens;
(3) provide for a public education fund to finance efforts to
inform the public about the internment of such individuals so as
to prevent the recurrence of any similar event;
(4) make restitution to those individuals of Japanese ancestry
who were interned;
(5) make restitution to Aleut residents of the Pribilof Islands
and the Aleutian Islands west of Unimak Island, in settlement of
United States obligations in equity and at law, for -
(A) injustices suffered and unreasonable hardships endured
while those Aleut residents were under United States control
during World War II;
(B) personal property taken or destroyed by United States
forces during World War II;
(C) community property, including community church property,
taken or destroyed by United States forces during World War II;
and
(D) traditional village lands on Attu Island not
rehabilitated after World War II for Aleut occupation or other
productive use;
(6) discourage the occurrence of similar injustices and
violations of civil liberties in the future; and
(7) make more credible and sincere any declaration of concern
by the United States over violations of human rights committed by
other nations.
-SOURCE-
(Pub. L. 100-383, Sec. 1, Aug. 10, 1988, 102 Stat. 903.)
-End-
-CITE-
50 USC APPENDIX Sec. 1989a 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
-HEAD-
Sec. 1989a. Statement of the Congress
-STATUTE-
(a) With regard to individuals of Japanese ancestry
The Congress recognizes that, as described by the Commission on
Wartime Relocation and Internment of Civilians, a grave injustice
was done to both citizens and permanent resident aliens of Japanese
ancestry by the evacuation, relocation, and internment of civilians
during World War II. As the Commission documents, these actions
were carried out without adequate security reasons and without any
acts of espionage or sabotage documented by the Commission, and
were motivated largely by racial prejudice, wartime hysteria, and a
failure of political leadership. The excluded individuals of
Japanese ancestry suffered enormous damages, both material and
intangible, and there were incalculable losses in education and job
training, all of which resulted in significant human suffering for
which appropriate compensation has not been made. For these
fundamental violations of the basic civil liberties and
constitutional rights of these individuals of Japanese ancestry,
the Congress apologizes on behalf of the Nation.
(b) With respect to the Aleuts
The Congress recognizes that, as described by the Commission on
Wartime Relocation and Internment of Civilians, the Aleut civilian
residents of the Pribilof Islands and the Aleutian Islands west of
Unimak Island were relocated during World War II to temporary camps
in isolated regions of southeast Alaska where they remained, under
United States control and in the care of the United States, until
long after any potential danger to their home villages had passed.
The United States failed to provide reasonable care for the Aleuts,
and this resulted in widespread illness, disease, and death among
the residents of the camps; and the United States further failed to
protect Aleut personal and community property while such property
was in its possession or under its control. The United States has
not compensated the Aleuts adequately for the conversion or
destruction of personal property, and the conversion or destruction
of community property caused by the United States military
occupation of Aleut villages during World War II. There is no
remedy for injustices suffered by the Aleuts during World War II
except an Act of Congress providing appropriate compensation for
those losses which are attributable to the conduct of United States
forces and other officials and employees of the United States.
-SOURCE-
(Pub. L. 100-383, Sec. 2, Aug. 10, 1988, 102 Stat. 903.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989b-1, 1989b-2 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX TITLE I - UNITED STATES CITIZENS
OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-End-
-CITE-
50 USC APPENDIX Sec. 1989b 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b. Short title
-STATUTE-
This title [sections 1989b to 1989b-9 of this Appendix] may be
cited as the "Civil Liberties Act of 1988".
-SOURCE-
(Pub. L. 100-383, title I, Sec. 101, Aug. 10, 1988, 102 Stat. 904.)
-MISC1-
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-371, Sec. 1, Sept. 27, 1992, 106 Stat. 1167, provided
that: "This Act [amending sections 1989b-3, 1989b-4, 1989b-7, and
1989b-9 of this Appendix and enacting provisions set out as a note
under section 1989b-4 of this Appendix] may be cited as the 'Civil
Liberties Act Amendments of 1992'."
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-1 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-1. Remedies with respect to criminal convictions
-STATUTE-
(a) Review of convictions
The Attorney General is requested to review any case in which an
individual living on the date of the enactment of this Act [Aug.
10, 1988] was, while a United States citizen or permanent resident
alien of Japanese ancestry, convicted of a violation of -
(1) Executive Order Numbered 9066, dated February 19, 1942;
(2) the Act entitled "An Act to provide a penalty for violation
of restrictions or orders with respect to persons entering,
remaining in, leaving, or committing any act in military areas or
zones", approved March 21, 1942 (56 Stat. 173); or
(3) any other Executive order, Presidential proclamation, law
of the United States, directive of the Armed Forces of the United
States, or other action taken by or on behalf of the United
States or its agents, representatives, officers, or employees,
respecting the evacuation, relocation, or internment of
individuals solely on the basis of Japanese ancestry;
on account of the refusal by such individual, during the
evacuation, relocation, and internment period, to accept treatment
which discriminated against the individual on the basis of the
individual's Japanese ancestry.
(b) Recommendations for pardons
Based upon any review under subsection (a), the Attorney General
is requested to recommend to the President for pardon consideration
those convictions which the Attorney General considers appropriate.
(c) Action by the President
In consideration of the statement of the Congress set forth in
section 2(a) [section 1989a(a) of this Appendix], the President is
requested to offer pardons to any individuals recommended by the
Attorney General under subsection (b).
-SOURCE-
(Pub. L. 100-383, title I, Sec. 102, Aug. 10, 1988, 102 Stat. 904.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order Numbered 9066, dated February 19, 1942, referred
to in subsec. (a)(1), is not classified to the Code.
The Act entitled "An Act to provide a penalty for violation of
restrictions or orders with respect to persons entering, remaining
in, leaving, or committing any act in military areas or zones",
approved March 21, 1942 (56 Stat. 173), referred to in subsec.
(a)(2), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which was
classified to section 97a of former Title 18, Criminal Code and
Criminal Procedure, and was repealed by act of June 25, 1948, ch.
645, Sec. 21, 62 Stat. 868 and reenacted as section 1383 of Title
18, Crimes and Criminal Procedure. Section 1383 of Title 18 was
repealed by Pub. L. 94-412, title V, Sec. 501(e), Sept. 14, 1976,
90 Stat. 1258.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-2 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-2. Consideration of Commission findings by departments
and agencies
-STATUTE-
(a) Review of applications by eligible individuals
Each department and agency of the United States Government shall
review with liberality, giving full consideration to the findings
of the Commission and the statement of the Congress set forth in
section 2(a) [section 1989a(a) of this Appendix], any application
by an eligible individual for the restitution of any position,
status, or entitlement lost in whole or in part because of any
discriminatory act of the United States Government against such
individual which was based upon the individual's Japanese ancestry
and which occurred during the evacuation, relocation, and
internment period.
(b) No new authority created
Subsection (a) does not create any authority to grant restitution
described in that subsection, or establish any eligibility to apply
for such restitution.
-SOURCE-
(Pub. L. 100-383, title I, Sec. 103, Aug. 10, 1988, 102 Stat. 905.)
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-3 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-3. Trust Fund
-STATUTE-
(a) Establishment
There is established in the Treasury of the United States the
Civil Liberties Public Education Fund, which shall be administered
by the Secretary of the Treasury.
(b) Investment of amounts in the Fund
Amounts in the Fund shall be invested in accordance with section
9702 of title 31, United States Code.
(c) Uses of the Fund
Amounts in the Fund shall be available only for disbursement by
the Attorney General under section 105 [section 1989b-4 of this
Appendix] and by the Board under section 106 [section 1989b-5 of
this Appendix].
(d) Termination
The Fund shall terminate not later than the earlier of the date
on which an amount has been expended from the Fund which is equal
to the amount authorized to be appropriated to the Fund by
subsection (e), and any income earned on such amount, or 10 years
after the date of the enactment of this Act [Aug. 10, 1988]. If all
of the amounts in the Fund have not been expended by the end of
that 10-year period, investments of amounts in the Fund shall be
liquidated and receipts thereof deposited in the Fund and all funds
remaining in the Fund shall be deposited in the miscellaneous
receipts account in the Treasury.
(e) Authorization of appropriations
There are authorized to be appropriated to the Fund
$1,650,000,000, of which not more than $500,000,000 may be
appropriated for any fiscal year. Any amounts appropriated pursuant
to this section are authorized to remain available until expended.
-SOURCE-
(Pub. L. 100-383, title I, Sec. 104, Aug. 10, 1988, 102 Stat. 905;
Pub. L. 102-371, Sec. 2, Sept. 27, 1992, 106 Stat. 1167.)
-MISC1-
AMENDMENTS
1992 - Subsec. (e). Pub. L. 102-371 substituted "$1,650,000,000"
for "$1,250,000,000".
MAXIMUM AMOUNT AUTHORIZED FOR FUND
Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 996, provided
that: "Subject to the provisions of section 104(e) of the Civil
Liberties Act of 1988 (Public Law 100-383; 50 U.S.C. App.
1989(b-3(e)) [subsec. (e) of this section], the maximum amount
authorized under such section for any fiscal year is appropriated,
from money in the Treasury not otherwise appropriated, for each
fiscal year beginning on or after October 1, 1990, to the Civil
Liberties Public Education Fund established by section 104(a) of
the Civil Liberties Act of 1988, for payments to eligible
individuals under section 105 of that Act [50 App. U.S.C.
1989b-4]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989b-7, 1989b-9 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-4 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-4. Restitution
-STATUTE-
(a) Location and payment of eligible individuals
(1) In general
Subject to paragraph (7), the Attorney General shall, subject
to the availability of funds appropriated to the Fund for such
purpose, pay out of the Fund to each eligible individual the sum
of $20,000, unless such individual refuses, in the manner
described in paragraph (5), to accept the payment.
(2) Location of eligible individuals
The Attorney General shall identify and locate, without
requiring any application for payment and using records already
in the possession of the United States Government, each eligible
individual. The Attorney General should use funds and resources
available to the Attorney General, including those described in
subsection (c), to attempt to complete such identification and
location within 12 months after the date of the enactment of this
Act [Aug. 10, 1988]. Any eligible individual may notify the
Attorney General that such individual is an eligible individual,
and may provide documentation therefor. The Attorney General
shall designate an officer or employee to whom such notification
and documentation may be sent, shall maintain a list of all
individuals who submit such notification and documentation, and
shall, subject to the availability of funds appropriated for such
purpose, encourage, through a public awareness campaign, each
eligible individual to submit his or her current address to such
officer or employee. To the extent that resources referred to in
the second sentence of this paragraph are not sufficient to
complete the identification and location of all eligible
individuals, there are authorized to be appropriated such sums as
may be necessary for such purpose. In any case, the
identification and location of all eligible individuals shall be
completed within 12 months after the appropriation of funds under
the preceding sentence. Failure to be identified and located by
the end of the 12-month period specified in the preceding
sentence shall not preclude an eligible individual from receiving
payment under this section.
(3) Benefit of the doubt
When, after consideration of all evidence and relevant material
for determining whether an individual is an eligible individual,
there is an approximate balance of positive and negative evidence
regarding the merits of an issue material to the determination of
eligibility, the benefit of the doubt in resolving each such
issue shall be given to such individual.
(4) Notice from the Attorney General
The Attorney General shall, when funds are appropriated to the
Fund for payments to an eligible individual under this section,
notify that eligible individual in writing of his or her
eligibility for payment under this section. Such notice shall
inform the eligible individual that -
(A) acceptance of payment under this section shall be in full
satisfaction of all claims against the United States arising
out of acts described in section 108(2)(B) [section
1989b-7(2)(B) of this Appendix], and
(B) each eligible individual who does not refuse, in the
manner described in paragraph (5), to accept payment under this
section within 18 months after receiving such written notice
shall be deemed to have accepted payment for purposes of
paragraph (6).
(5) Effect of refusal to accept payment
If an eligible individual refuses, in a written document filed
with the Attorney General, to accept any payment under this
section, the amount of such payment shall remain in the Fund and
no payment may be made under this section to such individual at
any time after such refusal.
(6) Payment in full settlement of claims against the United
States
The acceptance of payment by an eligible individual under this
section shall be in full satisfaction of all claims against the
United States arising out of acts described in section 108(2)(B)
[section 1989b-7(2)(B) of this Appendix]. This paragraph shall
apply to any eligible individual who does not refuse, in the
manner described in paragraph (5), to accept payment under this
section within 18 months after receiving the notification from
the Attorney General referred to in paragraph (4).
(7) Exclusion of certain individuals
No payment may be made under this section to any individual
who, after September 1, 1987, accepts payment pursuant to an
award of a final judgment or a settlement on a claim against the
United States for acts described in section 108(2)(B) [section
1989b-7(2)(B) of this Appendix], or to any surviving spouse,
child, or parent of such individual to whom paragraph (8)
applies.
(8) Payments in the case of deceased persons
(A) In the case of an eligible individual who is deceased at
the time of payment under this section, such payment shall be
made only as follows:
(i) If the eligible individual is survived by a spouse who is
living at the time of payment, such payment shall be made to
such surviving spouse.
(ii) If there is no surviving spouse described in clause (i),
such payment shall be made in equal shares to all children of
the eligible individual who are living at the time of payment.
(iii) If there is no surviving spouse described in clause (i)
and if there are no children described in clause (ii), such
payment shall be made in equal shares to the parents of the
eligible individual who are living at the time of payment.
If there is no surviving spouse, children, or parents described
in clauses (i), (ii), and (iii), the amount of such payment shall
remain in the Fund, and may be used only for the purposes set
forth in section 106(b) [section 1989b-5(b) of this Appendix].
(B) After the death of an eligible individual, this subsection
and subsections (c) and (f) shall apply to the individual or
individuals specified in subparagraph (A) to whom payment under
this section will be made, to the same extent as such subsections
apply to the eligible individual.
(C) For purposes of this paragraph -
(i) the "spouse" of an eligible individual means a wife or
husband of an eligible individual who was married to that
eligible individual for at least 1 year immediately before the
death of the eligible individual;
(ii) a "child" of an eligible individual includes a
recognized natural child, a stepchild who lived with the
eligible individual in a regular parent-child relationship, and
an adopted child; and
(iii) a "parent" of an eligible individual includes fathers
and mothers through adoption.
(b) Order of payments
The Attorney General shall endeavor to make payments under this
section to eligible individuals in the order of date of birth (with
the oldest individual on the date of the enactment of this Act
[Aug. 10, 1988] (or, if applicable, that individual's survivors
under paragraph (8)) receiving full payment first), until all
eligible individuals have received payment in full.
(c) Resources for locating eligible individuals
In attempting to locate any eligible individual, the Attorney
General may use any facility or resource of any public or nonprofit
organization or any other record, document, or information that may
be made available to the Attorney General.
(d) Administrative costs not paid from the Fund
No costs incurred by the Attorney General in carrying out this
section shall be paid from the Fund or set off against, or
otherwise deducted from, any payment under this section to any
eligible individual.
(e) Termination of duties of Attorney General
The duties of the Attorney General under this section shall cease
180 days after the Fund terminates.
(f) Clarification of treatment of payments under other laws
Amounts paid to an eligible individual under this section -
(1) shall be treated for purposes of the internal revenue laws
of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code (!1) or
available under any other law administered by the Secretary of
Veterans Affairs, or for purposes of determining the amount of
such benefits.
(g) Liability of United States limited to amount in Fund
(1) General rule
An eligible individual may be paid under this section only from
amounts in the Fund.
(2) Coordination with other provisions
Nothing in this title [sections 1989b to 1989b-9 of this
Appendix] shall authorize the payment to an eligible individual
by the United States Government of any amount authorized by this
section from any source other than the Fund.
(3) Order in which unpaid claims to be paid
If at any time the Fund has insufficient funds to pay all
eligible individuals at such time, such eligible individuals
shall, to the extent permitted under paragraph (1), be paid in
full in the order specified in subsection (b).
(h) Judicial review
(1) Review by the Court of Federal Claims
A claimant may seek judicial review of a denial of compensation
under this section solely in the United States Court of Federal
Claims, which shall review the denial upon the administrative
record and shall hold unlawful and set aside the denial if it is
found to be arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
(2) Applicability
This subsection shall apply only to any claim filed in court on
or after the date of the enactment of this subsection [Sept. 27,
1992].
-SOURCE-
(Pub. L. 100-383, title I, Sec. 105, Aug. 10, 1988, 102 Stat. 905;
Pub. L. 101-162, title II, Sec. 209(b), Nov. 21, 1989, 103 Stat.
1005; Pub. L. 102-371, Secs. 4-6(a), Sept. 27, 1992, 106 Stat.
1167, 1168; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(1). Pub. L. 102-371, Sec. 4(c)(1)(A),
substituted "(7)" for "(6)" and "(5)" for "(4)".
Subsec. (a)(3). Pub. L. 102-371, Sec. 4(a)(2), added par. (3).
Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(B),
redesignated par. (3) as (4) and in subpar. (B) substituted "(5)"
for "(4)" and "(6)" for "(5)". Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 102-371, Sec. 4(a)(1), redesignated par.
(4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(C),
redesignated par. (5) as (6) and substituted "(5)" for "(4)" and
"(4)" for "(3)". Former par. (6) redesignated (7).
Subsec. (a)(7). Pub. L. 102-371, Sec. 4(a)(1), (c)(1)(D),
redesignated par. (6) as (7) and substituted "(8)" for "(6)".
Former par. (7) redesignated (8).
Subsec. (a)(8). Pub. L. 102-371, Sec. 4(a)(1), redesignated par.
(7) as (8).
Subsec. (b). Pub. L. 102-371, Sec. 4(c)(2), substituted "(8)" for
"(6)".
Subsec. (e). Pub. L. 102-371, Sec. 5, substituted "180 days after
the Fund terminates" for "when the Fund terminates".
Subsec. (f)(2). Pub. L. 102-371, Sec. 6(a), substituted "or
available under any other law administered by the Secretary of
Veterans Affairs, or for purposes of determining the" for ", or
the".
Subsec. (h). Pub. L. 102-572 substituted "United States Court of
Federal Claims" for "United States Claims Court" in par. (1).
Pub. L. 102-371, Sec. 4(b), added subsec. (h).
1989 - Subsec. (g). Pub. L. 101-162 added subsec. (g).
EFFECTIVE DATE OF 1992 AMENDMENTS
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
Section 6(b) of Pub. L. 102-371 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
as of August 10, 1988."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989b-3, 1989b-9 of this
Appendix.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-5 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-5. Board of Directors of the Fund
-STATUTE-
(a) Establishment
There is established the Civil Liberties Public Education Fund
Board of Directors, which shall be responsible for making
disbursements from the Fund in the manner provided in this section.
(b) Uses of the Fund
The Board may make disbursements from the Fund only -
(1) to sponsor research and public educational activities, and
to publish and distribute the hearings, findings, and
recommendations of the Commission, so that the events surrounding
the evacuation, relocation, and internment of United States
citizens and permanent resident aliens of Japanese ancestry will
be remembered, and so that the causes and circumstances of this
and similar events may be illuminated and understood; and
(2) for reasonable administrative expenses of the Board,
including expenses incurred under subsections (c)(3), (d), and
(e).
(c) Membership
(1) Appointment
The Board shall be composed of 9 members appointed by the
President, by and with the advice and consent of the Senate, from
individuals who are not officers or employees of the United
States Government.
(2) Terms
(A) Except as provided in subparagraphs (B) and (C), members
shall be appointed for terms of 3 years.
(B) Of the members first appointed -
(i) 5 shall be appointed for terms of 3 years, and
(ii) 4 shall be appointed for terms of 2 years,
as designated by the President at the time of appointment.
(C) Any member appointed to fill a vacancy occurring before the
expiration of the term for which such member's predecessor was
appointed shall be appointed only for the remainder of such term.
A member may serve after the expiration of such member's term
until such member's successor has taken office. No individual may
be appointed as a member for more than 2 consecutive terms.
(3) Compensation
Members of the Board shall serve without pay, except that
members of the Board shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by
them in carrying out the functions of the Board, in the same
manner as persons employed intermittently in the United States
Government are allowed expenses under section 5703 of title 5,
United States Code.
(4) Quorum
5 members of the Board shall constitute a quorum but a lesser
number may hold hearings.
(5) Chair
The Chair of the Board shall be elected by the members of the
Board.
(d) Director and staff
(1) Director
The Board shall have a Director who shall be appointed by the
Board.
(2) Additional staff
The Board may appoint and fix the pay of such additional staff
as it may require.
(3) Applicability of civil service laws
The Director and the additional staff of the Board may be
appointed without regard to section 5311(b) (!1) of title 5,
United States Code, and without regard to the provisions of such
title governing appointments in the competitive service, and may
be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that the
compensation of any employee of the Board may not exceed a rate
equivalent to the minimum rate of basic pay payable for GS-18 of
the General Schedule under section 5332(a) of such title.
(e) Administrative support services
The Administrator of General Services shall provide to the Board
on a reimbursable basis such administrative support services as the
Board may request.
(f) Gifts and donations
The Board may accept, use, and dispose of gifts or donations of
services or property for purposes authorized under subsection (b).
(g) Annual reports
Not later than 12 months after the first meeting of the Board and
every 12 months thereafter, the Board shall transmit to the
President and to each House of the Congress a report describing the
activities of the Board.
(h) Termination
90 days after the termination of the Fund, the Board shall
terminate and all obligations of the Board under this section shall
cease.
-SOURCE-
(Pub. L. 100-383, title I, Sec. 106, Aug. 10, 1988, 102 Stat. 908.)
-REFTEXT-
REFERENCES IN TEXT
Section 5311(b) of title 5, referred to in subsec. (d)(3), was
repealed by Pub. L. 101-509, title V, Sec. 529 [title I, Sec.
104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (d)(3), are classified
to section 3301 et seq. of Title 5, Government Organization and
Employees.
-MISC1-
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989b-3, 1989b-4, 1989b-7
of this Appendix.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-6 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-6. Documents relating to the internment
-STATUTE-
(a) Preservation of documents in National Archives
All documents, personal testimony, and other records created or
received by the Commission during its inquiry shall be kept and
maintained by the Archivist of the United States who shall preserve
such documents, testimony, and records in the National Archives of
the United States. The Archivist shall make such documents,
testimony, and records available to the public for research
purposes.
(b) Public availability of certain records of the House of
Representatives
(1) The Clerk of the House of Representatives is authorized to
permit the Archivist of the United States to make available for use
records of the House not classified for national security purposes,
which have been in existence for not less than thirty years,
relating to the evacuation, relocation, and internment of
individuals during the evacuation, relocation, and internment
period.
(2) This subsection is enacted as an exercise of the rulemaking
power of the House of Representatives, but is applicable only with
respect to the availability of records to which it applies, and
supersedes other rules only to the extent that the time limitation
established by this section with respect to such records is
specifically inconsistent with such rules, and is enacted with full
recognition of the constitutional right of the House to change its
rules at any time, in the same manner and to the same extent as in
the case of any other rule of the House.
-SOURCE-
(Pub. L. 100-383, title I, Sec. 107, Aug. 10, 1988, 102 Stat. 909.)
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-7 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-7. Definitions
-STATUTE-
For the purposes of this title [sections 1989b to 1989b-9 of this
Appendix] -
(1) the term "evacuation, relocation, and internment period"
means that period beginning on December 7, 1941, and ending on
June 30, 1946;
(2) the term "eligible individual" means any individual of
Japanese ancestry, or the spouse or a parent of an individual of
Japanese ancestry, who is living on the date of the enactment of
this Act [Aug. 10, 1988] and who, during the evacuation,
relocation, and internment period -
(A) was a United States citizen or a permanent resident
alien; and
(B)(i) was confined, held in custody, relocated, or otherwise
deprived of liberty or property as a result of -
(I) Executive Order Numbered 9066, dated February 19, 1942;
(II) the Act entitled "An Act to provide a penalty for
violation of restrictions or orders with respect to persons
entering, remaining in, leaving, or committing any act in
military areas or zones", approved March 21, 1942 (56 Stat.
173); or
(III) any other Executive order, Presidential proclamation,
law of the United States, directive of the Armed Forces of
the United States, or other action taken by or on behalf of
the United States or its agents, representatives, officers,
or employees, respecting the evacuation, relocation, or
internment of individuals solely on the basis of Japanese
ancestry; or
(ii) was enrolled on the records of the United States
Government during the period beginning on December 7, 1941, and
ending on June 30, 1946, as being in a prohibited military
zone;
except that the term "eligible individual" does not include any
individual who, during the period beginning on December 7, 1941,
and ending on September 2, 1945, relocated to a country while the
United States was at war with that country;
(3) the term "permanent resident alien" means an alien lawfully
admitted into the United States for permanent residence;
(4) the term "Fund" means the Civil Liberties Public Education
Fund established in section 104 [section 1989b-3 of this
Appendix];
(5) the term "Board" means the Civil Liberties Public Education
Fund Board of Directors established in section 106 [section
1989b-5 of this Appendix]; and
(6) the term "Commission" means the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians Act
(Public Law 96-317; 50 U.S.C. App. 1981 note).
-SOURCE-
(Pub. L. 100-383, title I, Sec. 108, Aug. 10, 1988, 102 Stat. 910;
Pub. L. 102-371, Sec. 3, Sept. 27, 1992, 106 Stat. 1167.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order Numbered 9066, dated February 19, 1942, referred
to in par. (2)(B)(i)(I), is not classified to the Code.
The Act entitled "An Act to provide a penalty for violation of
restrictions or orders with respect to persons entering, remaining
in, leaving, or committing any act in military areas or zones",
approved March 21, 1942 (56 Stat. 173), referred to in par.
(2)(B)(i)(II), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which
was classified to section 97a of former Title 18, Criminal Code and
Criminal Procedure, and was repealed by act of June 25, 1948, ch.
645, Sec. 21, 62 Stat. 868 and reenacted as section 1383 of Title
18, Crimes and Criminal Procedure. Section 1383 of Title 18 was
repealed by Pub. L. 94-412, title V, Sec. 501(e), Sept. 14, 1976,
90 Stat. 1258.
-MISC1-
AMENDMENTS
1992 - Par. (2). Pub. L. 102-371 inserted ", or the spouse or a
parent of an individual of Japanese ancestry," after "Japanese
ancestry" in introductory provisions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1989b-4 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-8 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-8. Compliance with Budget Act
-STATUTE-
No authority under this title [sections 1989b to 1989b-9 of this
Appendix] to enter into contracts or to make payments shall be
effective in any fiscal year except to such extent and in such
amounts as are provided in advance in appropriations Acts. In any
fiscal year, total benefits conferred by this title shall be
limited to an amount not in excess of the appropriations for such
fiscal year. Any provision of this title which, directly or
indirectly, authorizes the enactment of new budget authority shall
be effective only for fiscal year 1989 and thereafter.
-SOURCE-
(Pub. L. 100-383, title I, Sec. 109, Aug. 10, 1988, 102 Stat. 910.)
-REFTEXT-
REFERENCES IN TEXT
The Budget Act, referred to in section catchline, probably means
the Congressional Budget Act of 1974, titles I through IX of Pub.
L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set
out under section 621 of Title 2, The Congress, and Tables.
-End-
-CITE-
50 USC APPENDIX Sec. 1989b-9 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE I - UNITED STATES CITIZENS OF JAPANESE ANCESTRY AND RESIDENT
JAPANESE ALIENS
-HEAD-
Sec. 1989b-9. Entitlements to eligible individuals
-STATUTE-
(a) In general
Subject to sections 104(e) and 105(g) of this title [sections
1989b-3(e) and 1989b-4(g) of this Appendix] and except as provided
in subsection (b), beginning on October 1, 1990, the payments to be
made to any eligible individual under the provisions of this title
[sections 1989b to 1989b-9 of this Appendix] shall be an
entitlement.
(b) Payments from discretionary appropriations
(1) Payments
Any such payment made to an individual who is not of Japanese
ancestry and who is an eligible individual on the basis of the
amendment made by section 3 of the Civil Liberties Act Amendments
of 1992 shall not be an entitlement and shall be made from
discretionary appropriations.
(2) Authorization of appropriations
There are authorized to be appropriated for fiscal year 1993
and each subsequent fiscal year such sums as may be necessary for
the payments from discretionary appropriations described in
paragraph (1).
(c) Definitions
As used in this section -
(1) the term "discretionary appropriations" has the meaning
given that term in section 250(c)(7) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)); and
(2) the term "entitlement" means "spending authority" as
defined in section 401(c)(2)(C) of the Congressional Budget Act
of 1974 (2 U.S.C. 651(c)(2)(C)).
-SOURCE-
(Pub. L. 100-383, title I, Sec. 110, as added Pub. L. 101-162,
title II, Sec. 209(a), Nov. 21, 1989, 103 Stat. 1005; amended Pub.
L. 102-371, Sec. 7, Sept. 27, 1992, 106 Stat. 1168.)
-REFTEXT-
REFERENCES IN TEXT
Section 3 of the Civil Liberties Act Amendments of 1992, referred
to in subsec. (b)(1), is section 3 of Pub. L. 102-371, which
amended paragraph (2) of section 1989b-7 of this Appendix.
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-371 designated existing provisions as subsec.
(a), inserted heading, inserted "and except as provided in
subsection (b)" after "105(g) of this title", struck out "As used
in this section, the term 'entitlement' means 'spending authority'
as defined in section 401(c)(2)(C) of the Congressional Budget Act
of 1974." after "shall be an entitlement.", and added subsecs. (b)
and (c).
-End-
-CITE-
50 USC APPENDIX TITLE II - ALEUTIAN AND PRIBILOF
ISLANDS RESTITUTION 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-End-
-CITE-
50 USC APPENDIX Sec. 1989c 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c. Short title
-STATUTE-
This title [sections 1989c to 1989c-8 of this Appendix] may be
cited as the "Aleutian and Pribilof Islands Restitution Act".
-SOURCE-
(Pub. L. 100-383, title II, Sec. 201, Aug. 10, 1988, 102 Stat.
911.)
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-1 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-1. Definitions
-STATUTE-
As used in this title [sections 1989c to 1989c-8 of this
Appendix] -
(1) the term "Administrator" means the person appointed by the
Secretary under section 204 [section 1989c-3 of this Appendix];
(2) the term "affected Aleut villages" means the surviving
Aleut villages of Akutan, Atka, Nikolski, Saint George, Saint
Paul, and Unalaska, and the Aleut village of Attu, Alaska;
(3) the term "Association" means the Aleutian/Pribilof Islands
Association, Inc., a nonprofit regional corporation established
for the benefit of the Aleut people and organized under the laws
of the State of Alaska;
(4) the term "Corporation" means the Aleut Corporation, a
for-profit regional corporation for the Aleut region organized
under the laws of the State of Alaska and established under
section 7 of the Alaska Native Claims Settlement Act (Public Law
92-203; 43 U.S.C. 1606);
(5) the term "eligible Aleut" means any Aleut living on the
date of the enactment of this Act [Aug. 10, 1988] -
(A) who, as a civilian, was relocated by authority of the
United States from his or her home village on the Pribilof
Islands or the Aleutian Islands west of Unimak Island to an
internment camp, or other temporary facility or location,
during World War II; or
(B) who was born while his or her natural mother was subject
to such relocation;
(6) the term "Secretary" means the Secretary of the Interior;
(7) the term "Fund" means the Aleutian and Pribilof Islands
Restitution Fund established in section 203 [section 1989c-2 of
this Appendix]; and
(8) the term "World War II" means the period beginning on
December 7, 1941, and ending on September 2, 1945.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 202, Aug. 10, 1988, 102 Stat.
911.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1989c-5 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-2 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-2. Aleutian and Pribilof Islands Restitution Fund
-STATUTE-
(a) Establishment
There is established in the Treasury of the United States the
Aleutian and Pribilof Islands Restitution Fund, which shall be
administered by the Secretary. The Fund shall consist of amounts
appropriated to it pursuant to this title [sections 1989c to
1989c-8 of this Appendix].
(b) Report
The Secretary shall report to the Congress, not later than 60
days after the end of each fiscal year, on the financial condition
of the Fund, and the results of operations of the Fund, during the
preceding fiscal year and on the expected financial condition and
operations of the Fund during the current fiscal year.
(c) Investment
Amounts in the Fund shall be invested in accordance with section
9702 of title 31, United States Code.
(d) Termination
The Secretary shall terminate the Fund 3 years after the date of
the enactment of this Act [Aug. 10, 1988], or 1 year following
disbursement of all payments from the Fund, as authorized by this
title [sections 1989c to 1989c-8 of this Appendix], whichever
occurs later. On the date the Fund is terminated, all investments
of amounts in the Fund shall be liquidated by the Secretary and
receipts thereof deposited in the Fund and all funds remaining in
the Fund shall be deposited in the miscellaneous receipts account
in the Treasury.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 203, Aug. 10, 1988, 102 Stat.
911.)
-MISC1-
REESTABLISHMENT OF FUND; USE OF FUNDS
For provisions that the Fund, if terminated pursuant to subsec.
(d) of this section, is to be reestablished upon appropriation of
additional funds, and restricting use of appropriated funds, see
section 1(b), (c), of Pub. L. 103-402, set out as a note under
section 1989c-4 of this Appendix.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989c-1, 1989c-7 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-3 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-3. Appointment of Administrator
-STATUTE-
As soon as practicable after the date of the enactment of this
Act [Aug. 10, 1986], the Secretary shall offer to undertake
negotiations with the Association, leading to the execution of an
agreement with the Association to serve as Administrator under this
title [sections 1989c to 1989c-8 of this Appendix]. The Secretary
may appoint the Association as Administrator if such agreement is
reached within 90 days after the date of the enactment of this
title. If no such agreement is reached within such period, the
Secretary shall appoint another person as Administrator under this
title, after consultation with leaders of affected Aleut villages
and the Corporation.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 204, Aug. 10, 1988, 102 Stat.
912.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1989c-1 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-4 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-4. Compensation for community losses
-STATUTE-
(a) In general
Subject to the availability of funds appropriated to the Fund,
the Secretary shall make payments from the Fund, in accordance with
this section, as restitution for certain Aleut losses sustained in
World War II.
(b) Trust
(1) Establishment
The Secretary shall, subject to the availability of funds
appropriated for this purpose, establish a trust for the purposes
set forth in this section. Such trust shall be established
pursuant to the laws of the State of Alaska, and shall be
maintained and operated by not more than seven trustees, as
designated by the Secretary. Each affected Aleut village may
submit to the Administrator a list of three prospective trustees.
The Secretary, after consultation with the Administrator,
affected Aleut villages, and the Corporation, shall designate not
more than seven trustees from such lists as submitted.
(2) Administration of trust
The trust established under this subsection shall be
administered in a manner that is consistent with the laws of the
State of Alaska, and as prescribed by the Secretary, after
consultation with representatives of eligible Aleuts, the
residents of affected Aleut villages, and the Administrator.
(c) (!1) Accounts for benefit of Aleuts
(1) In general
The Secretary shall deposit in the trust such sums as may be
appropriated for the purposes set forth in this subsection. The
trustees shall maintain and operate 8 independent and separate
accounts in the trust for purposes of this subsection, as
follows:
(A) One account for the independent benefit of the wartime
Aleut residents of Attu and their descendants.
(B) Six accounts for the benefit of the 6 surviving affected
Aleut villages, one each for the independent benefit of Akutan,
Atka, Nikolski, Saint George, Saint Paul, and Unalaska,
respectively.
(C) One account for the independent benefit of those Aleuts
who, as determined by the Secretary, upon the advice of the
trustees, are deserving but will not benefit directly from the
accounts established under subparagraphs (A) and (B).
The trustees shall credit to the account described in
subparagraph (C) an amount equal to 5 percent of the principal
amount deposited by the Secretary in the trust under this
subsection. Of the remaining principal amount, an amount shall be
credited to each account described in subparagraphs (A) and (B)
which bears the same proportion to such remaining principal
amount as the Aleut civilian population, as of June 1, 1942, of
the village with respect to which such account is established
bears to the total civilian Aleut population on such date of all
affected Aleut villages.
(2) Uses of accounts
The trustees may use the principal, accrued interest, and other
earnings of the accounts maintained under paragraph (1) for -
(A) the benefit of elderly, disabled, or seriously ill
persons on the basis of special need;
(B) the benefit of students in need of scholarship
assistance;
(C) the preservation of Aleut cultural heritage and
historical records;
(D) the improvement of community centers in affected Aleut
villages; and
(E) other purposes to improve the condition of Aleut life, as
determined by the trustees.
(3) Authorization of appropriations
There are authorized to be appropriated $5,000,000 to the Fund
to carry out this subsection.
(d) Compensation for damaged or destroyed church property
(1) Inventory and assessment of property
The Administrator shall make an inventory and assessment of
real and personal church property of affected Aleut villages
which was damaged or destroyed during World War II. In making
such inventory and assessment, the Administrator shall consult
with the trustees of the trust established under subsection (b),
residents of affected Aleut villages, affected church members and
leaders, and the clergy of the churches involved. Within 1 year
after the date of the enactment of this Act [Aug. 10, 1988], the
Administrator shall submit such inventory and assessment,
together with an estimate of the present replacement value of
lost or destroyed furnishings and artifacts, to the Secretary.
(2) Review by the Secretary; deposit in the trust
The Secretary shall review the inventory and assessment
provided under paragraph (1), and shall deposit in the trust
established under subsection (b) an amount reasonably calculated
by the Secretary to compensate affected Aleut villages for church
property lost, damaged, or destroyed during World War II.
(3) Distribution of compensation
The trustees shall distribute the amount deposited in the trust
under paragraph (2) for the benefit of the churches referred to
in this subsection.
(4) Authorization of appropriations
There are authorized to be appropriated to the Fund $4,700,000
to carry out this subsection.
(c) (!1) Administrative and legal expenses
(1) Reimbursement for expenses
The Secretary shall reimburse the Administrator, not less often
than annually, for reasonable and necessary administrative and
legal expenses in carrying out the Administrator's
responsibilities under this title [sections 1989c to 1989c-8 of
this Appendix].
(2) Authorization of appropriations
There are authorized to be appropriated to the Fund such sums
as are necessary to carry out this subsection.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 205, Aug. 10, 1988, 102 Stat. 912;
Pub. L. 103-402, Sec. 1(a), Oct. 22, 1994, 108 Stat. 4174.)
-MISC1-
AMENDMENTS
1994 - Subsec. (d)(4). Pub. L. 103-402 substituted "$4,700,000"
for "$1,400,000".
REESTABLISHMENT OF FUND; USE OF FUNDS
Section 1(b), (c), of Pub. L. 103-402 provided that:
"(b) Fund. - If the Fund referred to in section 205(a) of the
Aleutian and Pribilof Islands Restitution Act (50 U.S.C. App.
1989c-4(a)) has been terminated pursuant to section 203(d) of such
Act (50 U.S.C. App. 1989c-2(d)), upon the appropriation of
additional funds pursuant to this Act, the Fund shall be
reestablished.
"(c) Use of Funds. - The funds appropriated pursuant to this Act
shall be used solely for the renovation, replacement, and
restoration of church property lost, damaged, or destroyed during
World War II."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1989c-5, 1989c-7 of this
Appendix.
-FOOTNOTE-
(!1) So in original. Two subsecs. (c) have been enacted.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-5 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-5. Individual compensation of eligible Aleuts
-STATUTE-
(a) Payments to eligible Aleuts
In addition to payments made under section 205 [section 1989c-4
of this Appendix], the Secretary shall, in accordance with this
section, make per capita payments out of the Fund to eligible
Aleuts. The Secretary shall pay, subject to the availability of
funds appropriated to the Fund for such payments, to each eligible
Aleut the sum of $12,000.
(b) Assistance of Attorney General
The Secretary may request the Attorney General to provide
reasonable assistance in locating eligible Aleuts residing outside
the affected Aleut villages, and upon such request, the Attorney
General shall provide such assistance. In so doing, the Attorney
General may use available facilities and resources of the
International Committee of the Red Cross and other organizations.
(c) Assistance of Administrator
The Secretary may request the assistance of the Administrator in
identifying and locating eligible Aleuts for purposes of this
section.
(d) Clarification of treatment of payments under other laws
Amounts paid to an eligible Aleut under this section -
(1) shall be treated for purposes of the internal revenue laws
of the United States as damages for human suffering, and
(2) shall not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(e) Payment in full settlement of claims against United States
The payment to an eligible Aleut under this section shall be in
full satisfaction of all claims against the United States arising
out of the relocation described in section 202(5) [section
1989c-1(5) of this Appendix].
(f) Authorization of appropriations
There are authorized to be appropriated to the Fund such sums as
are necessary to carry out this section.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 206, Aug. 10, 1988, 102 Stat.
914.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1989c-7 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-6 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-6. Attu Island restitution program
-STATUTE-
(a) Purpose of section
In accordance with section (3)(c) (!1) of the Wilderness Act (78
Stat. 892; 16 U.S.C. 1132(c)), the public lands on Attu Island,
Alaska, within the National Wildlife Refuge System have been
designated as wilderness by section 702(1) of the Alaska National
Interest Lands Conservation Act (94 Stat. 2417; 16 U.S.C. 1132
note). In order to make restitution for the loss of traditional
Aleut lands and village properties on Attu Island, while preserving
the present designation of Attu Island lands as part of the
National Wilderness Preservation System, compensation to the Aleut
people, in lieu of the conveyance of Attu Island, shall be provided
in accordance with this section.
(b) Acreage determination
Not later than 90 days after the date of the enactment of this
Act [Aug. 10, 1988], the Secretary shall, in accordance with this
subsection, determine the total acreage of land on Attu Island,
Alaska, that, at the beginning of World War II, was subject to
traditional use by the Aleut villagers of that island for
subsistence and other purposes. In making such acreage
determination, the Secretary shall establish a base acreage of not
less than 35,000 acres within that part of eastern Attu Island
traditionally used by the Aleut people, and shall, from the best
available information, including information that may be submitted
by representatives of the Aleut people, identify any such
additional acreage on Attu Island that was subject to such use. The
combination of such base acreage and such additional acreage shall
constitute the acreage determination upon which payment to the
Corporation under this section is based. The Secretary shall
promptly notify the Corporation of the results of the acreage
determination made under this subsection.
(c) Valuation
(1) Determination of value
Not later than 120 days after the date of the enactment of this
Act [Aug. 10, 1988], the Secretary shall determine the value of
the Attu Island acreage determined under subsection (b), except
that -
(A) such acreage may not be valued at less than $350 per acre
nor more than $500 per acre; and
(B) the total valuation of all such acreage may not exceed
$15,000,000.
(2) Factors in making determination
In determining the value of the acreage under paragraph (1),
the Secretary shall take into consideration such factors as the
Secretary considers appropriate, including -
(A) fair market value;
(B) environmental and public interest value; and
(C) established precedents for valuation of comparable
wilderness lands in the State of Alaska.
(3) Notification of determination; appeal
The Secretary shall promptly notify the Corporation of the
determination of value made under this subsection, and such
determination shall constitute the final determination of value
unless the Corporation, within 30 days after the determination is
made, appeals the determination to the Secretary. If such appeal
is made, the Secretary shall, within 30 days after the appeal is
made, review the determination in light of the appeal, and issue
a final determination of the value of that acreage determined to
be subject to traditional use under subsection (b).
(d) In lieu compensation payment
(1) Payment
The Secretary shall pay, subject to the availability of funds
appropriated for such purpose, to the Corporation, as
compensation for the Aleuts' loss of lands on Attu Island, the
full amount of the value of the acreage determined under
subsection (c), less the value (as determined under subsection
(c)) of any land conveyed under subsection (e).
(2) Payment in full settlement of claims against the United
States
The payment made under paragraph (1) shall be in full
satisfaction of any claim against the United States for the loss
of traditional Aleut lands and village properties on Attu Island.
(e) Village site conveyance
The Secretary may convey to the Corporation all right, title, and
interest of the United States to the surface estate of the
traditional Aleut village site on Attu Island, Alaska (consisting
of approximately 10 acres) and to the surface estate of a parcel of
land consisting of all land outside such village that is within 660
feet of any point on the boundary of such village. The conveyance
may be made under the authority contained in section 14(h)(1) of
the Alaska Native Claims Settlement Act (Public Law 92-203; 43
U.S.C. 1613(h)(1)), except that after the enactment of this Act
[Aug. 10, 1988], no site on Attu Island, Alaska, other than such
traditional Aleut village site and such parcel of land, may be
conveyed to the Corporation under such section 14(h)(1).
(f) Authorization of appropriations
There are authorized to be appropriated $15,000,000 to the
Secretary to carry out this section.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 207, Aug. 10, 1988, 102 Stat.
914.)
-REFTEXT-
REFERENCES IN TEXT
Section 702(1) of the Alaska National Interest Lands Conservation
Act, referred to in subsec. (a), is section 702(1) of Pub. L.
96-487, title VII, Dec. 2, 1980, 94 Stat. 2417, which is included
in the listing of wilderness areas set out as a note under section
1132 of Title 16, Conservation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1989c-7 of this Appendix.
-FOOTNOTE-
(!1) So in original. Probably should be section "3(c)".
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-7 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-7. Compliance with Budget Act
-STATUTE-
No authority under this title [sections 1989c to 1989c-8 of this
Appendix] to enter into contracts or to make payments shall be
effective in any fiscal year except to such extent and in such
amounts as are provided in advance in appropriations Acts. In any
fiscal year, the Secretary, with respect to -
(1) the Fund established under section 203 [section 1989c-2 of
this Appendix],
(2) the trust established under section 205(b) [section
1989c-4(b) of this Appendix], and
(3) the provisions of sections 206 and 207 [sections 1989c-5
and 1989c-6 of this Appendix],
shall limit the total benefits conferred to an amount not in excess
of the appropriations for such fiscal year. Any provision of this
title which, directly or indirectly, authorizes the enactment of
new budget authority shall be effective only for fiscal year 1989
and thereafter.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 208, Aug. 10, 1988, 102 Stat.
916.)
-REFTEXT-
REFERENCES IN TEXT
The Budget Act, referred to in section catchline, probably means
the Congressional Budget Act of 1974, titles I through IX of Pub.
L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set
out under section 621 of Title 2, The Congress, and Tables.
-End-
-CITE-
50 USC APPENDIX Sec. 1989c-8 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE II - ALEUTIAN AND PRIBILOF ISLANDS RESTITUTION
-HEAD-
Sec. 1989c-8. Severability
-STATUTE-
If any provision of this title [sections 1989c to 1989c-8 of this
Appendix], or the application of such provision to any person or
circumstance, is held invalid, the remainder of this title and the
application of such provision to other persons not similarly
situated or to other circumstances shall not be affected by such
invalidation.
-SOURCE-
(Pub. L. 100-383, title II, Sec. 209, Aug. 10, 1988, 102 Stat.
916.)
-End-
-CITE-
50 USC APPENDIX TITLE III - TERRITORY OR
PROPERTY CLAIMS AGAINST UNITED
STATES 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES
-HEAD-
TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES
-End-
-CITE-
50 USC APPENDIX Sec. 1989d 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND
ALEUTS
PUB. L. 10009383, AUG. 10, 1988, 102 STAT. 903
TITLE III - TERRITORY OR PROPERTY CLAIMS AGAINST UNITED STATES
-HEAD-
Sec. 1989d. Exclusion of claims
-STATUTE-
Notwithstanding any other provision of law or of this Act
[sections 1989 to 1989d of this Appendix], nothing in this Act
shall be construed as recognition of any claim of Mexico or any
other country or any Indian tribe (except as expressly provided in
this Act with respect to the Aleut tribe of Alaska) to any
territory or other property of the United States, nor shall this
Act be construed as providing any basis for compensation in
connection with any such claim.
-SOURCE-
(Pub. L. 100-383, title III, Sec. 301, Aug. 10, 1988, 102 Stat.
916.)
-End-
-CITE-
50 USC APPENDIX MEDICAL CARE FOR PHILIPPINE
VETERANS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MEDICAL CARE FOR PHILIPPINE VETERANS
-HEAD-
MEDICAL CARE FOR PHILIPPINE VETERANS
-End-
-CITE-
50 USC APPENDIX ACT JULY 1, 1948, CH. 785, 62
STAT. 1210 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MEDICAL CARE FOR PHILIPPINE VETERANS
ACT JULY 1, 1948, CH. 785, 62 STAT. 1210
-HEAD-
ACT JULY 1, 1948, CH. 785, 62 STAT. 1210
-End-
-CITE-
50 USC APPENDIX Secs. 1991 to 1996 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MEDICAL CARE FOR PHILIPPINE VETERANS
ACT JULY 1, 1948, CH. 785, 62 STAT. 1210
-HEAD-
Secs. 1991 to 1996. Repealed. Pub. L. 85-461, Sec. 5, June 18,
1958, 72 Stat. 203
-MISC1-
Section 1991, act July 1, 1948, ch. 785, Sec. 1, 62 Stat. 1210,
related to grants-in-aid for construction of hospitals and expenses
for medical care for treatment of Philippine veterans.
Section 1992, act July 1, 1948, ch. 785, Sec. 2, 62 Stat. 1210,
defined "veteran".
Section 1993, act July 1, 1948, ch. 785, Sec. 3, 62 Stat. 1210,
related to time and amount of hospital construction grants.
Section 1994, acts July 1, 1948, ch. 785, Sec. 4, 62 Stat. 1210;
June 18, 1954, ch. 329, 68 Stat. 268, related to time and amount of
medical care grants.
Section 1995, act July 1, 1948, ch. 785, Sec. 5, 62 Stat. 1210,
related to issuance of rules and regulations.
Section 1996, act July 1, 1948, ch. 785, Sec. 6, 62 Stat. 1210,
related to authorization of appropriations.
-End-
-CITE-
50 USC APPENDIX WAR CLAIMS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
-HEAD-
WAR CLAIMS
-End-
-CITE-
50 USC APPENDIX ACT JULY 3, 1948, CH. 826, 62
STAT. 1240 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
-HEAD-
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
-MISC1-
TITLE I
Sec.
2001. Foreign Claims Settlement Commission of the United
States.
(a) Employment of personnel; use of other
facilities and services.
(b) Rules and regulations; delegation of functions;
time limit on filing of claims.
(c) Subpenas; issuance; contempt; witness fees;
administration of oaths.
2002. Jurisdiction of Commission.
2003. Claims of employees of contractors.
(a) Payment by Secretary of Labor of certain
claims; execution of releases.
(b) Cancellation of employees' obligations;
repayment to employees.
(c) Omitted. [Amendment of section 1702(a) of Title
42].
2004. Internees.
(a) "Civilian American citizen" defined.
(b) Payment of detention benefits.
(c) Amount of detention benefits.
(d) Persons entitled to detention benefits.
(e) Certification of claims.
(f) Application of sections 1701 to 1706 and 1711
to 1717 of Title 42; factors for determining
benefits; effective date.
(g) Benefits for civilian internees in Korea, and
dependents; time.
(h) Benefits for Guamanians killed or captured at
Wake Island on or after December 7, 1941.
(i) Detention benefits for civilian internees in
Southeast Asia; definitions; authority of
Commission; claim for benefits; rate of
compensation; persons entitled to payments;
certification for payment; filing date;
determination of claims; appropriations.
2005. Prisoners of war.
(a) "Prisoner of war" defined.
(b) Payment of claims; rate allowed; certification
of claims.
(c) Persons entitled to payments.
(d) Additional definition of "prisoner of war";
payment of claims; rate allowed; persons
entitled to payments.
(e) Extension to Korean War prisoners.
(f) Vietnam conflict; definitions; authority of
Commission; classes of claims; rate of
compensation; certification for payment;
persons entitled to payments; filing date;
determination of claims; fund for payment;
appropriations.
(g) Manner of payment.
2006. Religious organizations.
(a) Reimbursement for services furnished members of
armed services and American civilians;
certification of claims.
(b) Compensation for loss or damage to real
property used in educational, medical, or
welfare work.
(c) Compensation to replace facilities.
(d) Determination of claims.
(e) Investigation; determination of replacement
costs; basis used.
(f) Filing of claims; adjudication; place and use
of payments.
(g) Claims of internees and prisoners of war
unaffected.
(h) Denominational organizations.
2007. Commission's report on personal injury and property
claims to President; findings; recommendations;
public property; legislative effect.
2008. Reports to Congress.
2009. Fee limitation for representing claimants; penalties.
2010. Hearings on claims; finality of decision.
2011. Omitted.
2012. War Claims Fund.
(a) Composition; expenditure.
(b) Estimation and certification to Treasury of
total amount necessary under section 2004(f).
(c) Estimation and certification to Treasury of
total amount necessary under section 2003(c).
(d) Certification to Treasury of total canceled
obligations under section 2003(b)(1).
(e) Authorization of appropriations for
Commission's work.
2012a. Omitted.
2013. Payments to certain members of religious orders.
2014. United States citizens serving in allied forces.
(a) Right to compensation.
(b) Deductions.
(c) Payments on death.
(d) Filing date for claims.
(e) Certification of claim for payment.
2015. Detention benefits to merchant seamen.
(a) "Merchant seaman" defined.
(b) Determination of claim; rate of payment.
(c) Collaborationists excluded.
(d) Time of filing claim.
(e) Certification of claim for payment.
2016. Philippines.
(a) Losses by individual from sequestered credits;
loss by banks or other financial institutions.
(b) Filing date for claims.
(c) Death or legal disability as affecting
payments.
(d) Certification of claims for payment.
TITLE II
2017. Definitions.
2017a. Claims authorized.
2017b. Transfers and assignments.
2017c. Nationality of claimants.
2017d. Claims of stockholders.
2017e. Deductions in making awards.
2017f. Consolidated awards.
2017g. Certain awards prohibited.
2017h. Certification of awards.
2017i. Claim filing period.
2017j. Claims settlement period.
2017k. Notification to claimants.
2017l. Payment of awards; priorities; limitations.
2017m. Fees of attorneys and agents.
2017n. Application of other laws.
2017o. Transfer of records.
2017p. Administrative expenses.
-SECREF-
ACT REFERRED TO IN OTHER SECTIONS
This Act is referred to in title 22 sections 1622b, 1622g.
-End-
-CITE-
50 USC APPENDIX TITLE I 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
TITLE I
-MISC1-
TITLE I OF ACT
Section 101 of Pub. L. 87-846, Oct. 22, 1962, 76 Stat. 1107,
designated sections 2 to 17 of act July 3, 1948, as amended
[sections 2001 to 2016 of this Appendix], as title I.
-SECREF-
TITLE REFERRED TO IN OTHER SECTIONS
This title is referred to in section 2017n of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2001 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2001. Foreign Claims Settlement Commission of the United
States
-STATUTE-
(a) Employment of personnel; use of other facilities and services
The Foreign Claims Settlement Commission of the United States
(hereinafter referred to as the "Commission") may, in accordance
with the provisions of the civil-service laws and the
Classification Act of 1949, as amended [5 U.S.C. 5101 et seq., 5331
et seq.], appoint and fix the compensation of such officers,
attorneys, and employees, and may make such expenditures, as may be
necessary to carry out its functions. Officers and employees of any
other department or agency of the Government may, with the consent
of the head of such department or agency, be assigned to assist the
Commission in carrying out its functions. The Commission may, with
the consent of the head of any other department or agency of the
Government, utilize the facilities and services of such department
or agency in carrying out the functions of the Commission.
(b) Rules and regulations; delegation of functions; time limit on
filing of claims
The Commission may prescribe such rules and regulations as may be
necessary to enable it to carry out its functions, and may delegate
functions to any member, officer, or employee of the Commission.
The Commission shall give public notice of the time when, and the
limit of time within which, claims may be filed, which notice shall
be published in the Federal Register. The limit of time within
which claims may be filed with the Commission shall in no event be
later than March 31, 1952. The Commission shall take immediate
action to advise all persons entitled to file claims under the
provisions of this title [sections 2001 to 2016 of this Appendix]
administered by the Commission of their rights under such
provisions, and to assist them in the preparation and filing of
their claims.
(c) Subpenas; issuance; contempt; witness fees; administration of
oaths
(1) For the purpose of any hearing, examination, or investigation
under this title [sections 2001 to 2016 of this Appendix], the
Commission and those employees designated by the Commission shall
have the power to issue subpenas requiring persons to appear and
testify or to appear and produce documents, or both, at any
designated place where such hearing, examination, or investigation
is being held. The Commission or any employee so designated shall,
upon application of a claimant, issue to such claimant subpenas
requiring the attendance and testimony of witnesses or the
production of documents, or both, required by such claimant in
hearings upon his claim: Provided, That the claimant making such
application pay the witness fees and mileage of any witness or
witnesses subpenaed upon his request. The production of a person's
documents at any place other than his place of business shall not
be required, however, in any case in which, prior to the return
date specified in the subpena with respect thereto, such person
either has furnished the issuer of the subpena with a copy of such
documents (certified by such person under oath to be a true and
correct copy) or has entered into a stipulation with the issuer of
the subpena as to the information contained in such documents.
(2) The Commission may, in case of a failure or refusal on the
part of any person to comply with any such subpena, invoke the aid
of any United States district court within the jurisdiction of
which the hearing, examination, or investigation is being
conducted, or such person resides or transacts business. Such court
may issue an order requiring such person to appear at the
designated place of hearing, examination, or investigation, there
to give or produce testimony or documentary evidence concerning the
matter in question. Any failure to obey such order of the court
shall be punishable by such court as a contempt thereof. All
process in any such case may be served in the judicial district
wherein such person resides or transacts business or wherever such
person may be found.
(3) Witnesses subpenaed under this subsection shall be paid the
same fees and mileage that are allowed and paid witnesses in United
States district courts.
(4) Any member of the Commission, and any employee of the
Commission authorized by the Commission to do so, may administer
to, or take from, any person an oath, affirmation, or affidavit
when such action is necessary or appropriate in the performance of
the functions or activities of the Commission.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 2, 62 Stat. 1240; May 27,
1949, ch. 145, Sec. 1(1), 63 Stat. 112; Oct. 28, 1949, ch. 782,
title XI, Sec. 1106(a), 63 Stat. 972; Aug. 16, 1950, ch. 718, 64
Stat. 449; Apr. 5, 1951, ch. 27, 65 Stat. 28; 1954 Reorg. Plan No.
1 Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279; Aug.
21, 1954, ch. 784, Sec. 3, 68 Stat. 762; Pub. L. 87-846, title I,
Secs. 102, 104(a), Oct. 22, 1962, 76 Stat. 1107, 1113; Pub. L.
96-209, title I, Sec. 108, Mar. 14, 1980, 94 Stat. 97.)
-REFTEXT-
REFERENCES IN TEXT
The civil-service laws, referred to in subsec. (a), are set out
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
The Classification Act of 1949, as amended, referred to in
subsec. (a), is act Oct. 28, 1949, ch. 782, 63 Stat. 954, as
amended. The Classification Act of 1949 was repealed by Pub. L.
89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by
the first section thereof as chapter 51 (Sec. 5101 et seq.) and
subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.
-MISC1-
AMENDMENTS
1980 - Subsec. (d). Pub. L. 96-209 struck out subsec. (d) which
provided for terms of office of Chairman and members of Foreign
Claims Settlement Commission of United States. See section 1622c(c)
of Title 22, Foreign Relations and Intercourse.
1962 - Subsecs. (b), (c)(1). Pub. L. 87-846, Sec. 102,
substituted "title" for "Act".
Subsec. (d). Pub. L. 87-846, Sec. 104(a), added subsec. (d).
1954 - Subsec. (a). Act Aug. 21, 1954, struck out subsec. (a)
which related to establishment and composition of the former War
Claims Commission, and which had been affected by Reorg. Plan No. 1
of 1954 (see Transfer of Functions note below), redesignated
subsec. (b) as (a) and substituted "The Foreign Claims Settlement
Commission of the United States (hereinafter referred to as the
'Commission')" for "The Commission", meaning the former War Claims
Commission.
Subsecs. (b) to (d). Act Aug. 21, 1954, Sec. 3(a), designated
subsecs. (b) to (d) as (a) to (c), respectively.
Former subsec. (e). Act Aug. 21, 1954, Sec. 3(a), repealed
subsec. (e) which related to termination of former War Claims
Commission.
1951 - Subsec. (c). Act Apr. 5, 1951, extended time limit on
filing of claims from Mar. 1, 1951 to Mar. 31, 1952, and authorized
Commission to advise claimants of their rights.
1950 - Subsecs. (d), (e). Act Aug. 16, 1950, added subsec. (d)
and redesignated former subsec. (d) as (e).
1949 - Subsec. (b). Act Oct. 28, 1949, substituted
"Classification Act of 1949" for "Classification Act of 1923".
Subsec. (c). Act May 27, 1949, extended time within which persons
may file claims until Mar. 1, 1951.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-209 effective Mar. 14, 1980, see title VI
of Pub. L. 96-209, set out as an Effective Date note under section
1622a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1951 AMENDMENT
Act Apr. 5, 1951, provided that the amendment made by that Act is
effective as of Mar. 1, 1951.
EFFECTIVE DATE OF 1949 AMENDMENT
The increased compensation provided for by act Oct. 15, 1949,
took effect on first day of first pay period which began after Oct.
15, 1949, see section 9 of act Oct. 15, 1949.
SHORT TITLE OF 1954 AMENDMENT
Act Aug. 31, 1954, ch. 1162, title I, Sec. 1, 68 Stat. 1033,
provided: "That this Act [enacting sections 2014 to 2016 of this
Appendix, amending sections 2004, 2005, and 2012 of this Appendix
and section 801 of former Title 5, Executive Departments and
Government Officers and Employees, and enacting provisions set out
as notes under this section and section 2008 of this Appendix] may
be cited as the 'War Claims Act Amendments of 1954'."
SHORT TITLE
Section 1 of act July 3, 1948, provided that: "This Act [enacting
this section and sections 2002 to 2017p of this Appendix] may be
cited as the 'War Claims Act of 1948'."
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
6, 1966, Sec. 8, 80 Stat. 632, 655.
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
"Foreign Claims Settlement Commission" substituted in text for
"War Claims Commission" pursuant to Reorg. Plan No. 1 of 1954,
Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out
in the Appendix to Title 5, Government Organization and Employees,
which abolished War Claims Commission, including offices of its
members, and transferred functions of Commission and members,
officers, and employees thereof to Foreign Claims Settlement
Commission of the United States.
-MISC2-
GUAM WAR CLAIMS REVIEW COMMISSION
Pub. L. 107-333, Dec. 16, 2002, 116 Stat. 2873, known as the Guam
War Claims Review Commission Act, established the Commission and
its duties and powers, authorized appropriations, and provided that
the Commission would report, not later than 9 months after its
establishment, to the Secretary of the Interior and Congress and
terminate 30 days thereafter.
TIME LIMIT FOR SETTLEMENT OF CLAIMS UNDER WAR CLAIMS ACT AMENDMENTS
OF 1954
Act Aug. 31, 1954, ch. 1162, title I, Sec. 105, 68 Stat. 1037,
required the Foreign Claims Settlement Commission to wind up its
affairs in settling claims for benefits authorized by act Aug. 31,
1954 within two years after Aug. 31, 1954.
REAPPOINTMENT OF MEMBERS OF FOREIGN CLAIMS SETTLEMENT COMMISSION
Section 104(b) of Pub. L. 87-846 provided that: "Nothing in this
section shall be construed to preclude the reappointment as a
member of the Foreign Claims Settlement Commission of any person
holding office as a member of such Commission on the date of
enactment of this Act [Oct. 22, 1962]."
TENURE OF WAR CLAIMS COMMISSION
Act Apr. 9, 1952, ch. 167, Sec. 4, 66 Stat. 49, provided that
nothing in that act or the amendments made by it, amending sections
2005 and 2006 of this Appendix, should extend the life of the War
Claims Commission for any period of time.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2007, 2017n of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2002 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2002. Jurisdiction of Commission
-STATUTE-
The Commission shall have jurisdiction to receive and adjudicate
according to law claims as hereinafter provided.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 3, 62 Stat. 1241.)
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2007 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2003 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2003. Claims of employees of contractors
-STATUTE-
(a) Payment by Secretary of Labor of certain claims; execution of
releases
The Secretary of Labor is authorized to receive, adjudicate
according to law, and provide for the payment of any claim filed by
any person specified in section 101(a) of the Act entitled "An Act
to provide benefits for the injury, disability, death, or enemy
detention of employees of contractors with the United States, and
for other purposes", approved December 2, 1942, as amended [42
U.S.C. 1701(a)], or by the legal representative of any such person
who may have died, for the amount by which (1) the total sum which
would have been payable to such person by his employer (not
including any payments for overtime), if such person's contract of
employment had been in effect and he had been paid under it for the
entire period during which he was entitled to receive benefits
under section 101(b) of such Act [42 U.S.C. 1701(b)], exceeds (2)
the entire amount creditable to such person's account for such
period under the provisions of such section plus any amounts paid
to such person by such employer for such period or recovered by
such person in any legal action against such employer based upon
such person's right against such employer for such period under the
contract of employment, including payments in settlement of the
liability of the employer arising under or out of such contract. No
claim shall be allowed to any person under the provisions of this
section unless such person executes a full release to the employer
and to the United States in respect to the liability of the
employer arising under or out of the contract of employment, except
liability for workmen's compensation benefits under the Act of
August 16, 1941, as amended (42 U.S.C. 1651 and the following) or
detention or other benefits paid under the Act of December 2, 1942,
as amended (42 U.S.C. 1751 and the following) [42 U.S.C. 1701 et
seq.]. Any claim allowed under the provisions of this section shall
be certified by the Secretary of Labor to the Secretary of the
Treasury for payment out of the War Claims Fund established by
section 13 of this title [section 2012 of this Appendix].
(b) Cancellation of employees' obligations; repayment to employees
(1) The Secretary of State is authorized and directed to cancel
any obligation to the United States of any person specified in
section 101(a) of such Act of December 2, 1942 [42 U.S.C. 1701(a)],
to pay any sum which may have been advanced to or on behalf of any
such person by the Department of State for the purpose of paying
the costs of food and medical services furnished to such person
during his period of internment by the Imperial Japanese Government
or for the purpose of paying transportation or other expenses of
repatriation.
(2) The Secretary of Labor is authorized to receive, adjudicate
according to law, and provide for the payment of any claim filed by
any person specified in section 101(a) of such Act of December 2,
1942 [42 U.S.C. 1701(a)], for the repayment of any sum which may
have been paid by such person to the Department of State in
settlement of any obligation of the type referred to in paragraph
(1) of this subsection. Any claim allowed under the provisions of
this paragraph shall be certified by the Secretary of Labor to the
Secretary of the Treasury for payment out of the War Claims Fund
established by section 13 of this title [section 2012 of this
Appendix].
(c) Omitted [Amendment of section 1702(a) of Title 42]
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 4, 62 Stat. 1241; 1950 Reorg.
Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.
1271; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.
1107.)
-REFTEXT-
REFERENCES IN TEXT
Act of August 16, 1941, as amended, referred to in subsec. (a),
is act Aug. 16, 1941, ch. 357, 55 Stat. 622, as amended, known as
the Defense Base Act, which is classified generally to chapter 11
(Sec. 1651 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 1651 of Title 42 and Tables.
Act of December 2, 1942, as amended, referred to in subsec. (a),
is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I
and II of which are popularly known as the War Hazards Compensation
Act, and is classified principally to chapter 12 (Sec. 1701 et
seq.) of Title 42. For complete classification of this Act to the
Code, see Tables.
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
"Secretary of Labor" substituted in subsecs. (a) and (b) for
"Federal Security Administrator" and "Administrator" pursuant to
Reorg. Plan No. 19 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R.
3178, 64 Stat. 1271, set out in the Appendix to Title 5, Government
Organization and Employees, which transferred functions of Federal
Security Administrator and Federal Security Agency under this
section to Secretary of Labor, with power to delegate.
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions and funds transferred to Foreign Claims
Settlement Commission of the United States by Reorg. Plan No. 1 of
1954, Secs. 2, 4, 6(c), eff. July 1, 1954, 19 F.R. 3985, 68 Stat.
1279, set out in the Appendix to Title 5, Government Organization
and Employees. See, also, section 2001 of this Appendix and notes
thereunder.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2007, 2012 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2004 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2004. Internees
-STATUTE-
(a) "Civilian American citizen" defined
As used in subsections (b) and (f) of this section, the term
"civilian American citizen" means any person who, being then a
citizen of the United States, was captured by the Imperial Japanese
Government on or after December 7, 1941, at Midway. Guam, Wake
Island, the Philippine Islands, or any Territory or possession of
the United States attacked or invaded by such government, or while
in transit to or from any such place, or who went into hiding at
any such place in order to avoid capture or internment by such
government; except (1) a person who at any time voluntarily gave
aid to, collaborated with, or in any manner served such government,
or (2) a person who at the time of his capture or entrance into
hiding was a regularly appointed, enrolled, enlisted, or inducted
member of any military or naval force.
(b) Payment of detention benefits
The Commission is authorized to receive, adjudicate according to
law, and provide for the payment of any claim filed by, or on
behalf of, any civilian American citizen for detention benefits for
any period of time subsequent to December 6, 1941, during which he
was held by the Imperial Japanese Government as a prisoner,
internee, hostage, or in any other capacity, or remained in hiding
to avoid being captured or interned by such Imperial Japanese
Government.
(c) Amount of detention benefits
The detention benefit allowed to any person under the provisions
of subsection (b) shall be at the rate of $60 for each calendar
month during which such person was at least eighteen years of age
and at the rate of $25 per month for each calendar month during
which such person was less than eighteen years of age.
(d) Persons entitled to detention benefits
The detention benefits allowed under subsection (b) of this
section shall be allowed to the person entitled thereto, or, in the
event of his death, only to the following persons:
(1) Widow or husband if there is no child or children of the
deceased;
(2) Widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the child
or children in equal shares;
(3) Child or children of the deceased (in equal shares) if
there is no widow or husband; and
(4) Parents (in equal shares) if there is no husband, or child.
(e) Certification of claims
Any claim allowed by the Commission under this section (except
under subsections (g) and (i)) shall be certified to the Secretary
of the Treasury for payment out of the war claims funds established
by section 13 of this title [section 2012 of this Appendix], and
shall be payable by the Secretary of the Treasury to the person
entitled thereto; except that where the person entitled to payment
is under any legal disability, any part of the amount payable may,
in the discretion of the Commission, be paid, for the use of the
claimant, to the natural or legal guardian, committee, conservator,
or curator of the claimant, or, if there is no such guardian,
committee, conservator, or curator, then the Commission may, in its
discretion, make payment to any other person, including the spouse
of such claimant, whom the Commission may determine is vested with
the care of the claimant or his estate for the use and benefit of
such claimant or estate; and if such person is a minor, any part of
the amount payable may, in the discretion of the Commission, be
paid to such minor.
(f) Application of sections 1701 to 1706 and 1711 to 1717 of Title
42; factors for determining benefits; effective date
(1) Except as otherwise provided in this subsection, the
provisions of titles I [42 U.S.C. 1701 to 1706] and II [42 U.S.C.
1711 to 1717] of the Act entitled "An Act to provide benefits for
the injury, disability, death, or enemy detention of employees of
contractors with the United States, and for other purposes",
approved December 2, 1942, as amended, are extended and shall apply
with respect to the injury, disability, or death resulting from
injury of a civilian American citizen occurring while he was held
by or in hiding from the Imperial Japanese Government, to the same
extent as if such civilian American citizen were an employee within
the purview of such Act of December 2, 1942, as amended [42 U.S.C.
1701 to 1717].
(2) For the purpose of determining the benefits extended and made
applicable by paragraph (1) -
(A) the average weekly wage of any such civilian American
citizen, whether employed, self-employed, or not employed, shall
be deemed to have been $37.50;
(B) the provisions of such Act [42 U.S.C. 1701 to 1717], shall
be applicable whether or not any such civilian American citizen
was employed;
(C) notice of injury or death shall not be required; and
limitation provisions with respect to the filing of claims for
injury, disability, or death shall not begin to run until the
date of enactment of this section [July 3, 1948]; and
(D) the monthly compensation in cases involving partial
disability shall be determined by the percentage the degree of
partial disability bears to total disability and shall not be
determined with respect to the extent of loss of wage earning
capacity.
(3) The following provisions of such Act of December 2, 1942, as
amended [42 U.S.C. 1701 to 1717], shall not apply in the case of
such civilian American citizens: The last sentence of section
101(a), section 101(b), section 101(d) [42 U.S.C. 1701(a), (b),
(d)], section 104 [42 U.S.C. 1704], and section 105 [42 U.S.C.
1705].
(4) Rights or benefits which, under this subsection, are to be
determined with reference to other provisions of law shall be
determined with reference to such provisions of law as in force on
January 3, 1948.
(5) The money benefit for disability or death shall be paid only
to the person entitled thereto, or to his legal or natural guardian
if he has one, and shall not upon death of the person so entitled
survive for the benefit of his estate or any other person.
(6) The benefit of a minor or of an incompetent person who has no
natural or legal guardian may, in the discretion of the Secretary
of Labor, be paid, in whole or in such part as he may determine for
and on behalf of such minor or incompetent directly to the person
or institution caring for, supporting, or having custody of such
minor or incompetent.
(7) No person, except a widow or a child, shall be entitled to
benefits for disability with respect to himself, and to death
benefits on account of the death of another.
(8) If a civilian American citizen or his dependent receives or
has received from the United States any payments on account of the
same injury or death, or from his employer, in the form of wages,
or payments in lieu of wages, or in any form of support or
compensation (including workmen's compensation) in respect to the
same objects, the benefits under this section shall be diminished
by the amount of such payments in the following manner: (A)
Benefits on account of injury or disability shall be reduced by the
amount of payments to the injured person on account of the same
injury or disability; and (B) benefits on account of death shall be
reduced by the amount of payments to the dependents of the deceased
civilian American citizen on account of the same death.
(9) This subsection shall take effect as of December 7, 1941, and
the right of individuals to benefits shall be held to have begun to
accrue as though this subsection had been in effect as of such
date.
(10) No benefits provided by this subsection for injury,
disability, or death shall accrue to any person who, without regard
to this subsection, is entitled to or has received benefits for the
same injury, disability, or death under such Act of December 2,
1942, as amended [42 U.S.C. 1701 to 1717].
(11) No benefits provided by this subsection shall accrue to any
person to whom benefits have been paid, or are payable, under the
Federal Employees' Compensation Act [5 U.S.C. 8101 et seq.], or any
extension thereof, by reason of disability or death of an employee
of the United States suffered after capture, detention, or other
restraint by an enemy of the United States, when such disability or
death is deemed, in the administration of the Federal Employees'
Compensation Act to have resulted from injury occurring while in
the performance of duty, under subsection (b) of section 5 of the
Act entitled "An Act to amend the Act entitled 'An Act to provide
compensation for employees of the United States suffering injuries
while in the performance of their duties, and for other purposes',
as amended", approved July 28, 1945, as amended.
(g) Benefits for civilian internees in Korea, and dependents; time
(1) As used in this subsection, the term "civilian American
citizens" means any person who, being then a citizen of the United
States, was captured in Korea on or after June 25, 1950, by any
hostile force with which the Armed Forces of the United States were
actually engaged in armed conflict subsequent to such date and
prior to August 21, 1954, or who went into hiding in Korea in order
to avoid capture or internment by any such hostile force; except
(A) a person who at any time voluntarily, knowingly, and without
duress, gave aid to or collaborated with or in any manner served
any such hostile force, or (B) a regularly appointed, enrolled,
enlisted, or inducted member of the Armed Forces of the United
States.
(2) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by, or on behalf of, any civilian
American citizen for detention benefits for any period of time
subsequent to June 25, 1950, during which he was held by any such
hostile force as a prisoner, internee, hostage, or in any other
capacity, or remained in hiding to avoid being captured or interned
by any such hostile force.
(3) The detention benefit allowed to any person under the
provisions of paragraph (2) of this subsection shall be at the rate
of $60 for each calendar month during which such person was at
least eighteen years of age and at the rate of $25 per month for
each calendar month during which such person was less than eighteen
years of age.
(4) The detention benefits allowed under paragraph (2) of this
subsection shall be allowed to the person entitled thereto, or, in
the event of his death, only to the following persons:
(A) widow or husband if there is no child or children of the
deceased;
(B) widow or dependent husband and child or children of the
deceased, one-half to the widow or dependent husband and the
other half to the child or children in equal shares;
(C) child or children of the deceased (in equal shares) if
there is no widow or dependent husband.
(5) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out
of funds appropriated pursuant to this subsection, and shall be
paid by the Secretary of the Treasury to the person entitled
thereto, except that where any person entitled to payment under
this subsection is under any legal disability, payment may be made
in accordance with the provisions of subsection (e) of this
section.
(6) Each claim filed under this subsection must be filed not
later than one year from whichever of the following dates last
occurs:
(A) The date of enactment of this subsection [Aug. 21, 1954];
(B) The date the civilian American citizen by whom the claim is
filed returned to the jurisdiction of the United States; or
(C) The date upon which the Commission, at the request of a
potentially eligible survivor, makes a determination that the
civilian American citizen has actually died or may be presumed to
be dead, in the case of any civilian American citizen who has not
returned to the jurisdiction of the United States.
The Commission shall complete its determinations with respect to
each claim filed under this subsection at the earliest practicable
date, but in no event later than one year after the date on which
such claim was filed.
(7)(A) There are authorized to be appropriated such amounts as
may be necessary to carry out the purposes of this subsection,
including necessary administrative expenses.
(B) The Commission shall determine, from time to time, the share
of its administrative expenses attributable to the performance of
its functions under this subsection and make the appropriate
adjustments in its accounts, and determinations and adjustments
made pursuant to this subparagraph shall be final and conclusive.
(h) Benefits for Guamanians killed or captured at Wake Island on or
after December 7, 1941
In the case of any Guamanian killed or captured by the Imperial
Japanese Government on or after December 7, 1941, at Wake Island,
benefits shall be granted under subsections (a) through (f) of this
section in the same manner and to the same extent as apply in the
case of civilian American citizens so killed or captured. Claims
for benefits under subsections (a) through (e) of this section must
be filed within six months after the date of enactment of this
subsection [Aug. 31, 1962], and the time limitation applicable to
any individual by subsection (f) shall not begin to run until the
date of enactment of this subsection [Aug. 31, 1962], with respect
to any individual who is entitled to such benefits solely by reason
of this subsection. The preceding sentence shall not be construed
to affect the right of any individual to receive such benefits with
respect to any period prior to the date of enactment of this
subsection [Aug. 31, 1962].
(i) Detention benefits for civilian internees in Southeast Asia;
definitions; authority of Commission; claim for benefits; rate of
compensation; persons entitled to payments; certification for
payment; filing date; determination of claims; appropriations
(1) As used in this subsection -
(A) the term "Vietnam conflict" relates to the period beginning
on February 28, 1961, and ending on such date as shall thereafter
be determined by Presidential proclamation or concurrent
resolution of the Congress; and
(B) the term "civilian American citizen" means any person who,
being then a citizen of the United States, was captured in
Southeast Asia during the Vietnam conflict by any force hostile
to the United States, or who went into hiding in Southeast Asia,
in order to avoid capture or internment by any such hostile
force, except (i) a person who voluntarily, knowingly, and
without duress, gave aid to or collaborated with or in any manner
served any such hostile force, or (ii) a regularly appointed,
enrolled, enlisted, or inducted member of the Armed Forces of the
United States.
(2) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by, or on behalf of, any civilian
American citizen for detention benefits for any period of time
subsequent to February 27, 1961, during which he was held by any
such hostile force as a prisoner, internee, hostage, or in any
other capacity, or remained in hiding to avoid capture or
internment by any such hostile force.
(3) The detention benefits allowed under paragraph (2) of this
subsection shall be at the rate of $150 for each calendar month.
(4) The detention benefits allowed under paragraph (2) of this
subsection shall be allowed to the civilian American citizen
entitled thereto, or, in the event of his death, only to the
following persons:
(A) the widow or husband if there is no child or children of
the deceased;
(B) the widow or dependent husband and child or children of the
deceased, one-half to the widow or dependent husband and the
other half to the child or children in equal shares;
(C) the child or children of the deceased in equal shares if
there is no widow or dependent husband.
(5) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out
of funds appropriated pursuant to this subsection, and shall be
paid to the person entitled thereto, except that if a person
entitled to payment under this section is under any legal
disability, payment shall be made in accordance with the provisions
of subsection (e) of this section.
(6) Each claim filed under this section must be filed not later
than three years from whichever of the following dates last occurs:
(A) the date of enactment of this subsection [June 24, 1970];
(B) the date the civilian American citizen by whom the claim is
filed returned to the jurisdiction of the United States; or
(C) the date upon which the Commission, at the request of a
potentially eligible survivor, makes a determination that the
civilian American citizen has actually died or may be presumed to
be dead, in the case of any civilian American citizen who has not
returned to the jurisdiction of the United States.
The Commission shall complete its determinations for each claim
filed under this subsection at the earliest practicable date, but
not later than one year after the date on which such claim was
filed.
(7) There are authorized to be appropriated such amounts as may
be necessary to carry out the purposes of this subsection,
including necessary administrative expenses.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 5, 62 Stat. 1242; 1950 Reorg.
Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.
1271; Apr. 9, 1952, ch. 168, Sec. 1, 66 Stat. 49; Aug. 21, 1954,
ch. 784, Sec. 1, 68 Stat. 759; Aug. 31, 1954, ch. 1162, title I,
Secs. 101 (a)-(c), 102(a), 68 Stat. 1034; Pub. L. 87-617, Aug. 31,
1962, 76 Stat. 413; Pub. L. 87-846, title I, Sec. 102, Oct. 22,
1962, 76 Stat. 1107; Pub. L. 91-289, Sec. 3, June 24, 1970, 84
Stat. 324; Pub. L. 94-383, Aug. 12, 1976, 90 Stat. 1122.)
-REFTEXT-
REFERENCES IN TEXT
The Act entitled "An Act to provide benefits for the injury,
disability, death, or enemy detention of employees of contractors
with the United States, and for other purposes", approved December
2, 1942, as amended, referred to in subsec. (f)(1), means act Dec.
2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I and II of
which are popularly known as the War Hazards Compensation Act, and
is classified principally to chapter 12 (Sec. 1701 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Tables.
The Federal Employees' Compensation Act, referred to in subsec.
(f)(11), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended,
which was repealed and the provisions thereof were reenacted as
subchapter 1 (Sec. 8101 et seq.) of chapter 81 of Title 5,
Government Organization and Employees, by Pub. L. 89-554, Sept. 6,
1966, 80 Stat. 378.
Subsection (b) of section 5 of the Act entitled "An Act to amend
the Act entitled 'An Act to provide compensation for employees of
the United States suffering injuries while in the performance of
their duties, and for other purposes', as amended", approved July
28, 1945, as amended, referred to in subsec. (f)(11), means section
5 of act July 28, 1945, ch. 328, 59 Stat. 504, as amended, which
enacted section 801 of former Title 5, Executive Departments and
Government Officers and Employees, amended sections 760, 761, 770,
and 793 of former Title 5, and enacted provisions set out as notes
under section 770 of former Title 5, and which was repealed by Pub.
L. 85-608, Sec. 303, Aug. 8, 1958, 72 Stat. 539. See section
8102(b) of Title 5, Government Organization and Employees.
-MISC1-
AMENDMENTS
1976 - Subsec. (i)(3). Pub. L. 94-383 substituted "$150" for
"$60".
1970 - Subsec. (e). Pub. L. 91-289, Sec. 3(1), included reference
to subsec. (i) in parenthetical phrase.
Subsec. (i). Pub. L. 91-289, Sec. 3(2), added subsec. (i).
1962 - Subsec. (e). Pub. L. 87-846 substituted "title" for "Act".
Subsec. (h). Pub. L. 87-617 added subsec. (h).
1954 - Subsec. (a). Act Aug. 31, 1954, Sec. 101(a), included as
eligible for detention benefits, civilian American citizens who
were captured at certain Pacific islands by the Japanese, but who
were formerly expressly excluded from these benefits by reason of
being Federal employees or employees of contractors with the United
States, and to make them eligible for disability compensation. Act
Aug. 21, 1954, Sec. 1(b), limited the application of such section's
definition of "civilian American citizen" to subsecs. (b) and (f)
of this section.
Subsec. (d). Act Aug. 31, 1954, Sec. 102(a), (b), struck out
"dependent" wherever appearing, and added cl. (4).
Subsec. (e). Act Aug. 21, 1954, Sec. 1(c), inserted "(except
under subsection (g) )" after "under this section".
Subsec. (f)(3). Act Aug. 31, 1954, Sec. 101(b), provided that
last sentence of section 101(a) [1701(a) of this Appendix] and
section 101(d) [1701(d) of this Appendix] should not operate to
exclude civilian American citizens from entitlement to medical care
or disability compensation.
Subsec. (f)(10), (11). Act Aug. 31, 1954, Sec. 101(c), added
pars. (10) and (11).
Subsec. (g). Act Aug. 21, 1954, Sec. 1(a), added subsec. (g).
1952 - Subsec. (e). Act Apr. 9, 1952, allowed the award for the
benefit of claimant to be paid to the claimant's natural or legal
guardian, committee, conservator, or curator, or to such other
person as is charged with the care of the claimant, and permitted
the payment of an award payable to a minor, directly to such minor.
-TRANS-
TRANSFER OF FUNCTIONS
"Secretary of Labor" substituted for "Federal Security
Administrator" in subsec. (f)(6) pursuant to Reorg. Plan No. 19 of
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, set
out in the Appendix to Title 5, Government Organization and
Employees, which transferred functions of Federal Security
Administrator and Federal Security Agency under this section to
Secretary of Labor, with power to delegate.
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-MISC2-
FILING DATES FOR CLAIMS OF NEW CLASSES OF BENEFICIARIES; TOLLING OF
LIMITATIONS
Section 101(e) of act Aug. 31, 1954, required persons entitled to
benefits under subsec. (b), (c), or (d) of this section solely by
reason of the amendments made to this section by act Aug. 31, 1954,
to file claims therefor within one year from Aug. 31, 1954, and
provided that the time limitations applicable to claims under
subsec. (f) of this section were not to begin to run until Aug. 31,
1954, with regard to any person entitled to such benefits solely by
reason of the amendments to this section by act Aug. 31, 1954.
Section 102(c) of act Aug. 31, 1954, required persons entitled to
benefits solely by reason of amendments made to this section by
section 102 of act Aug. 31, 1954 to file claims within one year
from Aug. 31, 1954.
PRIOR BENEFITS AS AFFECTING RIGHTS
Section 102(b) of act Aug. 31, 1954, provided that the amendments
to sections 2004(d) and 2005(c), (d)(4) of this Appendix by section
102 of act Aug. 31, 1954, should not apply with respect to benefits
paid prior to Aug. 31, 1954.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2005, 2006, 2007, 2012,
2015, 2016 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2005 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2005. Prisoners of war
-STATUTE-
(a) "Prisoner of war" defined
As used in subsection (b) of this section, the term "prisoner of
war" means any regularly appointed, enrolled, enlisted, or inducted
member of the military or naval forces of the United States who was
held as a prisoner of war for any period of time subsequent to
December 7, 1941, by any government of any nation with which the
United States has been at war subsequent to such date.
(b) Payment of claims; rate allowed; certification of claims
The Commission is authorized to receive, adjudicate according to
law, and provide for the payment of any claim filed by any prisoner
of war for compensation for the violation by the enemy government
by which he was held as a prisoner of war, or its agents, of its
obligation to furnish him the quantity or quality of food to which
he was entitled as a prisoner of war under the terms of the Geneva
Convention of July 27, 1929. The compensation allowed to any
prisoner of war under the provisions of this subsection shall be at
the rate of $1 for each day he was held as a prisoner of war on
which the enemy government or its agents failed to furnish him such
quantity or quality of food. Any claim allowed under the provisions
of this subsection shall be certified to the Secretary of the
Treasury for payment out of the War Claims Fund established by
section 13 of this title [section 2012 of this Appendix].
(c) Persons entitled to payments
Claims pursuant to subsection (b) shall be paid to the person
entitled thereto, and shall in case of death of the persons who are
entitled be payable only to or for the benefit of the following
persons:
(1) Widow or husband if there is no child or children of the
deceased;
(2) Widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the child
or children of the deceased in equal shares;
(3) Child or children of the deceased (in equal shares) if
there is no widow or husband; and
(4) Parents (in equal shares) if there is no widow, husband, or
child.
(d) Additional definition of "prisoner of war"; payment of claims;
rate allowed; persons entitled to payments
(1) As used in this subsection the term "prisoner of war" means
any regularly appointed, enrolled, enlisted, or inducted member of
the military or naval forces of the United States, who was held a
prisoner of war for any period of time subsequent to December 7,
1941, by any government of any nation with which the United States
has been at war subsequent to such date.
(2) The Commission is authorized to receive, adjudicate according
to law, and to provide for the payment of any claim filed by any
prisoner of war for compensation -
(A) for the violations by the enemy government by which he was
held as a prisoner of war, or its agents, of such government's
obligations under title III, section III, of the Geneva
Convention of July 27, 1929, relating to labor of prisoners of
war; or
(B) for inhumane treatment by the enemy government by which he
was held, or its agents. The term "inhumane treatment" as used
herein shall include, but not be limited to, violation by such
enemy government, or its agents, of one or more of the provisions
of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57, of the
Geneva Convention of July 27, 1929.
(3) Compensation shall be allowed to any prisoner of war under
this subsection at the rate of $1.50 per day for each day he was
held as a prisoner of war on which he alleges and proves in a
manner acceptable to the Commission -
(A) the violation by such enemy government or its agents of the
provisions of title III, section III, of the Geneva Convention of
July 27, 1929; or
(B) any inhumane treatment as defined herein.
Any claim allowed under the provisions of this subsection shall be
certified to the Secretary of the Treasury for payment out of the
War Claims Fund established by section 13 of this title [section
2012 of this Appendix]. In no event shall the compensation allowed
to any prisoner of war under this subsection exceed the sum of
$1.50 with respect to any one day.
(4) Claims pursuant to subsection (d)(2) shall be paid to the
person entitled thereto, or to his legal or natural guardian if he
has one, and shall, in case of death of the persons who are
entitled be payable only to or for the benefit of the following
persons:
(A) widow or husband if there is no child or children of the
deceased;
(B) widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the child
or children of the deceased in equal shares;
(C) child or children of the deceased (in equal shares) if
there is no widow or husband; and
(D) parents (in equal shares) if there is no widow, husband, or
child.
(e) Extension to Korean War prisoners
(1) As used in this subsection the term "prisoner of war" means
any regularly appointed, enrolled, enlisted, or inducted member of
the Armed Forces of the United States who was held as a prisoner of
war for any period of time subsequent to June 25, 1950, by any
hostile force with which the Armed Forces of the United States were
actually engaged in armed conflict subsequent to such date and
prior to the date of enactment of this subsection [Aug. 21, 1954],
or any person (military or civilian) assigned to duty in the U.S.S.
Pueblo who was captured by the military forces of North Korea on
January 23, 1968, and thereafter held prisoner by the Government of
North Korea for any period of time ending on or before December 23,
1968, except any person who, at any time, voluntarily, knowingly,
and without duress, gave aid to or collaborated with or in any
manner served any such hostile force.
(2) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by any prisoner of war for compensation
for the failure of the hostile force by which he was held as a
prisoner of war, or its agents, to furnish him the quantity or
quality of food prescribed for prisoners of war under the terms of
the Geneva Convention of July 27, 1929. The compensation allowed to
any prisoner of war under the provisions of this paragraph shall be
at the rate of $1 for each day on which he was held as a prisoner
of war and on which such hostile force, or its agents, failed to
furnish him such quantity or quality of food.
(3) The Commission is authorized to receive and to determine,
according to law, the amount and validity and provide for the
payment of any claim filed by any prisoner of war for compensation
-
(A) for the failure of the hostile force by which he was held
as a prisoner of war, or its agents, to meet the conditions and
requirements prescribed under title III, section III, of the
Geneva Convention of July 27, 1929, relating to labor of
prisoners of war; or
(B) for inhumane treatment by the hostile force by which he was
held, or its agents. The term "inhumane treatment" as used herein
shall include, but not be limited to, failure of such hostile
force, or its agents, to meet the conditions and requirements of
one or more of the provisions of articles 2, 3, 7, 10, 12, 13,
21, 22, 54, 56, or 57 of the Geneva Convention of July 27, 1929.
Compensation shall be allowed to any prisoner of war under this
paragraph at the rate of $1.50 per day for each day on which he was
held as a prisoner of war and with respect to which he alleges and
proves in a manner acceptable to the Commission the failure to meet
the conditions and requirements described in subparagraph (A) or
the inhumane treatment described in subparagraph (B). In no event
shall the compensation allowed to any prisoner of war under this
paragraph exceed the sum of $1.50 with respect to any one day.
(4) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out
of funds appropriated pursuant to this subsection and shall be paid
by the Secretary of the Treasury to the person entitled thereto,
and shall, in case of death or determination of death of the
persons who are entitled, be paid only to or for the benefit of the
persons specified, and in the order established, by paragraph (4)
of subsection (d) of this section.
(5) Each claim filed under this subsection must be filed not
later than one year from whichever of the following dates last
occurs:
(A) The date of enactment of this subsection [Aug. 21, 1954];
(B) The date the prisoner of war by whom the claim is filed
returned to the jurisdiction of the Armed Forces of the United
States; or
(C) The date upon which the Department of Defense makes a
determination that the prisoner of war has actually died or is
presumed to be dead, in the case of any prisoner of war who has
not returned to the jurisdiction of the Armed Forces of the
United States;
(D) In the case of any person assigned to duty in the U.S.S.
Pueblo referred to in paragraph (1) of this subsection, one year
after the date of enactment of this subparagraph [June 24, 1970].
The Commission shall complete its determinations with respect to
each claim filed under this subsection at the earliest practicable
date, but in no event later than one year after the date on which
such claim was filed.
(6) Any claim allowed under the provisions of this subsection
shall be paid from funds appropriated pursuant to paragraph (7) of
this subsection.
(7)(A) There are authorized to be appropriated such amounts as
may be necessary to carry out the purposes of this subsection,
including necessary administrative expenses.
(B) The Commission shall determine, from time to time, the share
of its administrative expenses attributable to the performance of
its functions under this subsection and make the appropriate
adjustments in its accounts, and determinations and adjustments
made pursuant to this subparagraph shall be final and conclusive.
(f) Vietnam conflict; definitions; authority of Commission; classes
of claims; rate of compensation; certification for payment;
persons entitled to payments; filing date; determination of
claims; fund for payment; appropriations
(1) As used in this subsection -
(A) the term "Vietnam conflict" relates to the period beginning
February 28, 1961, and ending on such date as shall thereafter be
determined by Presidential proclamation or concurrent resolution
of the Congress; and
(B) the term "prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the Armed Forces of the
United States who was held as a prisoner of war for any period of
time during the Vietnam conflict by any force hostile to the
United States, except any such member who, at any time,
voluntarily, knowingly, and without duress, gave aid to
collaborated with, or in any manner served, such hostile force.
(2) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by any prisoner of war for compensation
for the failure of the hostile force by which he was held as a
prisoner of war, or its agents, to furnish him the quantity or
quality of food prescribed for prisoners of war under the terms of
the Geneva Convention of August 12, 1949. The compensation allowed
to any prisoner of war under the provisions of this paragraph shall
be at the rate of $2 for each day on which he was held as a
prisoner of war and on which such hostile force, or its agents,
failed to furnish him such quantity or quality of food.
(3) The Commission is authorized to receive and to determine,
according to law, the amount and validity and provide for the
payment of any claim filed by any prisoner of war for compensation
-
(A) for the failure of the hostile force by which he was held
as a prisoner of war, or its agents, to meet the conditions and
requirements prescribed under chapter VIII, section III, of the
Geneva Convention of August 12, 1949, relating to labor of
prisoners of war; or
(B) for inhumane treatment by the hostile force by which he was
held, or its agents. The term "inhumane treatment" as used in
this subparagraph shall include, but not be limited to, failure
of such hostile force, or its agents, to meet the conditions and
requirements of one or more of the provisions of articles 3, 12,
13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45, 46, 47, 48,
84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Geneva Convention of
August 12, 1949.
Compensation shall be allowed to any prisoner of war under this
paragraph at the rate of $3 per day for each day on which he was
held as a prisoner of war and with respect to which he alleges and
proves in a manner acceptable to the Commission the failure to meet
the conditions and requirements described in subparagraph (A) of
this paragraph or the inhumane treatment described in subparagraph
(B) of this paragraph. In no event shall the compensation allowed
to any prisoner of war under this paragraph exceed the sum of $3
with respect to any one day.
(4) Any claim allowed by the Commission under this subsection
shall be certified to the Secretary of the Treasury for payment out
of funds appropriated pursuant to this subsection and shall be paid
by the Secretary of the Treasury to the person entitled thereto,
and shall, in the case of death or determination of death of the
persons who are entitled, be paid only to or for the benefit of the
persons specified, and in the order established, by subsection
(d)(4) of this section.
(5) Each claim filed under this subsection must be filed not
later than three years from whichever of the following dates last
occurs:
(A) the date of enactment of this subsection [June 24, 1970];
(B) the date the prisoner of war by whom the claim is filed
returned to the jurisdiction of the Armed Forces of the United
States; or
(C) the date upon which the Department of Defense makes a
determination that the prisoner of war has actually died or is
presumed to be dead, in the case of any prisoner of war who has
not returned to the jurisdiction of the Armed Forces of the
United States.
The Commission shall complete its determinations with respect to
each claim filed under this subsection at the earliest practicable
date, but in no event later than one year after the date on which
such claim was filed.
(6) Any claim allowed under the provisions of this subsection
shall be paid from funds appropriated pursuant to paragraph (7) of
this subsection.
(7) There are authorized to be appropriated such amounts as may
be necessary to carry out the purposes of this subsection,
including necessary administrative expenses.
(g) Manner of payment
Where any person entitled to payment under this section is under
any legal disability, payment may be made in accordance with the
provisions of subsection (e) of section 5 [section 2004(e) of this
Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 6, 62 Stat. 1244; Sept. 30,
1950, ch. 1116, 64 Stat. 1090; Apr. 9, 1952, ch. 167, Sec. 1, 66
Stat. 47; Apr. 9, 1952, ch. 168, Sec. 2, 66 Stat. 49; Aug. 21,
1954, ch. 784, Sec. 2, 68 Stat. 761; Aug. 31, 1954, ch. 1162, title
I, Sec. 102(a)(1), 68 Stat. 1034; Pub. L. 87-846, title I, Sec.
102, Oct. 22, 1962, 76 Stat. 1107; Pub. L. 91-289, Secs. 1, 2, June
24, 1970, 84 Stat. 323.)
-MISC1-
AMENDMENTS
1970 - Subsec. (e)(1). Pub. L. 91-289, Sec. 2(1), defined
"prisoner of war" to include any person (military or civilian)
assigned to duty in the U.S.S. Pueblo who was captured by the
military forces of North Korea on January 23, 1968, and thereafter
held prisoner by Government of North Korea for any period of time
ending on or before December 23, 1968, and substituted "except any
person" for "except any such member".
Subsec. (e)(5)(D). Pub. L. 91-289, Sec. 2(2), added subpar. (D).
Subsecs. (f), (g). Pub. L. 91-289, Sec. 1, added subsec. (f) and
redesignated former subsec. (f) as (g).
1962 - Pub. L. 87-846 substituted "title" for "Act".
1954 - Subsecs. (c), (d)(4). Act Aug. 31, 1954, Sec. 102(a),
struck out "dependent" wherever appearing.
Subsec. (e). Act Aug. 21, 1954, Sec. 2(b), added subsec. (e).
Subsec. (f). Act Apr. 9, 1952, ch. 168, added subsec. as a second
subsec. (d) which was redesignated "(f)" by act Aug. 21, 1954, Sec.
2(a).
1952 - Subsec. (a). Act Apr. 9, 1952, ch. 167, inserted
"subsection (b) of" after "As used in".
Subsec. (c). Act Apr. 9, 1952, ch. 168, struck out "or to his
legal or natural guardian if he has one" after "person entitled
thereto".
Subsec. (d). Act Apr. 9, 1952, ch. 167, added subsec. (d).
Another subsec. (d), which was added by act Apr. 9, 1952, ch. 168,
was redesignated "(f)". See 1954 Amendment note above.
1950 - Subsec. (c)(4). Act Sept. 30, 1950, removed requirement of
dependency upon which parents were entitled to benefits.
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-MISC2-
COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR MEDAL WHO DID NOT
PREVIOUSLY RECEIVE COMPENSATION AS PRISONER OF WAR
Pub. L. 104-201, div. A, title VI, Sec. 656, Sept. 23, 1996, 110
Stat. 2584, provided that:
"(a) Authority To Make Payments. - The Secretary of the military
department concerned shall make payments in the manner provided in
section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) to
(or on behalf of) any person described in subsection (b) who
submits an application for such payment in accordance with
subsection (d).
"(b) Eligible Persons. - This section applies with respect to a
member or former member of the Armed Forces who -
"(1) has received the prisoner of war medal under section 1128
of title 10, United States Code; and
"(2) has not previously received a payment under section 6 of
the War Claims Act of 1948 (50 U.S.C. App. 2005) with respect to
the period of internment for which the person received the
prisoner of war medal.
"(c) Amount of Payment. - The amount of the payment to any person
under this section shall be determined based upon the provisions of
section 6 of the War Claims Act of 1948 that are applicable with
respect to the period of time during which the internment occurred
for which the person received the prisoner of war medal.
"(d) One-Year Period for Submission of Applications. - A payment
may be made by reason of this section only in the case of a person
who submits an application to the Secretary concerned for such
payment during the one-year period beginning on the date of the
enactment of this Act [Sept. 23, 1996]. Any such application shall
be submitted in such form and manner as the Secretary may require."
FILING DATE FOR CLAIMS OF NEW CLASS OF BENEFICIARIES
Persons entitled to benefits solely by reason of amendments made
to this section by section 102(a) of act Aug. 31, 1954, were
required to file claims within one year of Aug. 31, 1954, see
section 102(c) of act Aug. 31, 1954.
PRIOR BENEFITS AS AFFECTING RIGHTS
Section 102(b) of act Aug. 31, 1954, provided that the amendments
to sections 2004(d) and 2005(c), (d)(4) of this Appendix by section
102 of act Aug. 31, 1954, should not apply with respect to benefits
paid prior to Aug. 31, 1954.
TIME FOR FILING CLAIMS
Section 3 of act Apr. 9, 1952, ch. 167, as amended by act May 13,
1954, ch. 202, Sec. 1, 68 Stat. 97, provided that claims for
compensation under subsec. (d) of this section were to be filed on
or before Aug. 1, 1954.
Sections 2 and 3 of act May 13, 1954, provided:
"Sec. 2. The amendment made by this Act [amending section 3 of
act Apr. 9, 1952, ch. 167, by extending the time for filing claims
from one year after April 9, 1952 to August 1, 1954] shall not be
construed to extend the life of the War Claims Commission for any
period of time.
"Sec. 3. The amendment made by this Act shall take effect as of
April 9, 1953."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2006, 2007, 2014, 2016 of
this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2006 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2006. Religious organizations
-STATUTE-
(a) Reimbursement for services furnished members of armed services
and American civilians; certification of claims
The Commission is authorized to receive, adjudicate according to
law, and provide for the payment of any claim filed by any
religious organization functioning in the Philippine Islands and
affiliated with a religious organization in the United States, or
by the personnel of any such Philippine organization, for
reimbursement of expenditures incurred, or for payment of the fair
value of supplies used, by such organization or such personnel for
the purpose of furnishing shelter, food, clothing, hospitalization,
medicines and medical services, and other relief in the Philippines
to members of the armed forces of the United States or to civilian
American citizens (as defined in section 5 [section 2004 of this
Appendix]) at any time subsequent to December 6, 1941, and before
August 15, 1945. Any claim allowed under the provisions of this
section shall be certified to the Secretary of the Treasury for
payment out of the War Claims Fund established by section 13 of
this title [section 2012 of this Appendix].
(b) Compensation for loss or damage to real property used in
educational, medical, or welfare work
Any such religious organization or its personnel functioning in
the Philippines and affiliated with a religious organization in the
United States, which furnished relief in the Philippines to members
of the Armed Forces of the United States or to civilian American
citizens in accordance with the provisions of subsection (a) shall
be compensated from the War Claims Fund, as hereinafter provided,
for the loss and damage sustained as a consequence of the war to
its schools, colleges, universities, scientific observatories,
hospitals, dispensaries, orphanages, and other property or
facilities connected with its educational, medical, or welfare
work.
(c) Compensation to replace facilities
Any such affiliated organization furnishing relief which
possessed any interest in, and whose personnel of American citizens
substantially composed the administrative staff of, any hospital
whose prewar facilities and capacity have not been restored shall
be compensated in an amount sufficient to enable such organization
to replace the hospital's facilities and capacity equal to that
which existed at the time of the outbreak of the war, irrespective
of what disposition was made subsequently of the land, buildings,
and contents.
(d) Determination of claims
Claims filed pursuant to subsection (b) shall be determined and
paid upon the basis of postwar cost of replacement which shall be
ascertained by the War Claims Commission. In making such
determinations the Commission shall utilize but not be limited to
the factual information and evidence contained in the records of
the Philippine War Damage Commission; the technical advice of
experts in the field; the substantiating evidence submitted by the
claimants; and any other technical and legal means by which fair
and equitable postwar replacement costs shall be determined.
(e) Investigation; determination of replacement costs; basis used
The Commission is authorized and directed to proceed at once with
the necessary investigation, study, and establishment of procedures
in order to determine the replacement costs of the claims to be
filed under subsections (b) and (c), using as a basis for beginning
such investigation and study the evidence contained in the claims
of those religious organizations or their personnel which have
already filed and are eligible to be paid under the terms of
subsection (a) of this section.
(f) Filing of claims; adjudication; place and use of payments
All claims under subsections (b) and (c) must be filed on or
before October 1, 1952; and not later than March 31, 1953, the
Commission shall adjudicate according to law and provide for the
payment of any claim filed pursuant to this section. In any case in
which any money is payable as a result of subsections (b) and (c)
to a religious organization or its personnel functioning in the
Philippines, such money shall be paid upon request of such
organization to its affiliate in the United States: Provided, That
all money thus paid to such affiliated religious organization in
the United States shall be used by such affiliate for the purpose
of restoring the educational, medical, and welfare facilities
described in subsections (b) and (c) and located in the
Philippines.
(g) Claims of internees and prisoners of war unaffected
The Commission shall expedite the payments under this section
without reducing payment of claims of American civilian internees
and prisoners of war filed before March 31, 1953, pursuant to the
provisions of sections 5 and 6 of this title [sections 2004 and
2005 of this Appendix].
(h) Denominational organizations
(1) Any religious organization functioning in the Philippines and
of the same denomination as a religious organization functioning in
the United States which furnished relief (as described, and during
the period designated, in subsection (a) of this section) in the
Philippines to members of the Armed Forces of the United States or
to civilian American citizens shall be compensated from the War
Claims Fund (A) for expenditures incurred, or for payment of the
fair value of supplies used by such organization, for the purpose
of furnishing such relief and (B) for loss and damage sustained as
a consequence of the war to its schools, colleges, universities,
scientific observatories, hospitals, dispensaries, orphanages, and
other property or facilities connected with its educational,
medical, or welfare work. No payments shall be made to any
organization under this subsection if such organization has
received an award under subsection (a) or (b) of this section, and
no payments shall be made to any organization pursuant to clause
(B) of this paragraph unless such organization has received an
award for war damages from the Philippine War Damage Commission
under the provisions of the Philippine Rehabilitation Act of 1946,
as amended [sections 1751 to 1806 of this Appendix].
(2) The Commission is authorized to receive, determine according
to law, and provide for the payment of claims filed under this
subsection. Each claim allowed by the Commission under this
subsection shall be certified to the Secretary of the Treasury for
payment out of the War Claims Fund. All payments under this
subsection shall be made to an organization or individual in the
United States designated by the claimant, and, in the case of
claims under clause (B) of paragraph (1) of this subsection such
payments shall be used for the purpose of restoring the
educational, medical, and welfare facilities described in such
clause.
(3) Claims for benefits under this subsection must be filed
within six months after the date of enactment of this subsection
[Aug. 6, 1956]. The Commission shall complete its determination
with respect to each claim filed under this subsection at the
earliest practicable date, but in no event later than one year
after the date on which such claim was filed.
(4) Claims filed pursuant to clause (B) of paragraph (1) of this
subsection shall be determined and paid upon the basis of postwar
cost of replacement for the twelve-month period ending October 1,
1952, as ascertained by the Commission.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 7, 62 Stat. 1245; Apr. 9,
1952, ch. 167, Sec. 2, 66 Stat. 48; Aug. 6, 1956, ch. 985, 70 Stat.
1063; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.
1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
1956 - Subsec. (h). Act Aug. 6, 1956, added subsec. (h).
1952 - Subsec. (a). Subsec. constituted entire section prior to
amendment by act Apr. 9, 1952.
Subsecs. (b) to (g). Act Apr. 9, 1952, added subsecs. (b) to (g).
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-MISC2-
TERMINATION OF PHILIPPINE WAR DAMAGE COMMISSION
The Philippine War Damage Commission established by section 1751
of this Appendix terminated under the provisions of subsec. (d) of
section 1751 which provided for the winding up of the Commission's
affairs not later than two years after expiration of time for
filing claims under former sections 1751 to 1763 of this Appendix
if possible but in no event later than Apr. 30, 1951.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2007 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2007 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2007. Commission's report on personal injury and property
claims to President; findings; recommendations; public property;
legislative effect
-STATUTE-
(a) The Commission shall inquire into and report to the
President, for submission of such report to the Congress on or
before March 31, 1950, with respect to war claims arising out of
World War II, other than claims which may be received and
adjudicated under the preceding sections of this Act [sections 2001
to 2006 of this Appendix], and shall present in such report its
findings on -
(1) the estimated number and amount of such claims, classified
by types and categories; and
(2) the extent to which such claims have been or may be
satisfied under international agreements or domestic or foreign
laws.
(b) The report of the Commission shall contain recommendations
with respect to -
(1) categories and types of claims, if any, which should be
received and considered and the legal and equitable bases
therefor;
(2) the administrative method by which such claims should be
considered, and any priorities or limitations which should be
applicable; and
(3) any limitations which should be applied to the allowance
and payment of fees in connection with such claims.
(c) The Commission shall include in such report -
(1) such other recommendations as it deems appropriate; and
(2) such proposals for legislation as it deems appropriate for
carrying out the recommendations made in such report.
(d) Such report, with accompanying evidence, shall be printed as
a public document when received by the Congress.
(e) Nothing in this section shall be deemed to imply that the
Congress will enact legislation -
(1) adopting any recommendations made under this section with
respect to the consideration or payment of any type of claim; or
(2) making any moneys, including moneys remaining in the war
claims fund after the making of payments from such fund provided
for by this title [sections 2001 to 2016 of this Appendix],
available for the payment of such claims.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 8, 62 Stat. 1245; May 27,
1949, ch. 145, Sec. 1(2), 63 Stat. 112; Pub. L. 87-846, title I,
Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
1949 - Subsec. (a). Act May 27, 1949, extended until March 31,
1950, time within which Commission is required to file its reports
and recommendations.
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-End-
-CITE-
50 USC APPENDIX Sec. 2008 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2008. Reports to Congress
-STATUTE-
Not later than six months after its organization, and every six
months thereafter, the Commission shall make a report to the
Congress concerning its operations under this title [sections 2001
to 2016 of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 9, 62 Stat. 1246; Pub. L.
87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-STATAMEND-
ANNUAL SUBMISSION OF REPORTS
Pub. L. 89-348, Sec. 2(6), Nov. 8, 1965, 79 Stat. 1312, modified
the provisions of this section, beginning Jan. 1, 1967, to require
annual instead of semiannual submission to Congress by Foreign
Claims Settlement Commission of report concerning its operations
under War Claims Act of 1948.
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-MISC2-
MALNUTRITION STUDY; DEFINITIONS; REPORT TO CONGRESS
Act Aug. 31, 1954, ch. 1162, title II, Secs. 201-203, 68 Stat.
1037, defined terms "prisoner of war" and "civilian American
citizen" and directed Secretary of Health, Education, and Welfare
to conduct malnutrition study and report results thereof, not later
than Aug. 31, 1955, to President for transmittal to Congress.
-End-
-CITE-
50 USC APPENDIX Sec. 2009 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2009. Fee limitation for representing claimants; penalties
-STATUTE-
No remuneration on account of services rendered or to be rendered
to or on behalf of any claimant in connection with any claim filed
with the administering agency under this title [sections 2001 to
2016 of this Appendix] shall exceed 10 per centum (or such lesser
per centum as may be fixed by the administering agency with respect
to any class of claims) of the amount allowed by the administering
agency on account of such claim. Any agreement to the contrary
shall be unlawful and void. Whoever, in the United States or
elsewhere, pays or offers to pay, or promises, to pay, or receives,
on account of services rendered or to be rendered in connection
with any such claim, any remuneration in excess of the maximum
permitted by this section, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not more than $5,000
or imprisoned not more than twelve months, or both, and, if any
such payment shall have been made or granted, the administering
agency shall take such action as may be necessary to recover the
same, and, in addition thereto any such claimant shall forfeit all
rights under this title [said sections].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 10, 62 Stat. 1246; Pub. L.
87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-End-
-CITE-
50 USC APPENDIX Sec. 2010 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2010. Hearings on claims; finality of decision
-STATUTE-
The Commission shall notify all claimants of the approval or
denial of their claims, and, if approved, shall notify such
claimants of the amount for which such claims are approved. Any
claimant whose claim is denied, or is approved for less than the
full allowable amount of such claim, shall be entitled, under such
regulations as the Commission may prescribe, to a hearing before
the Commission or its representatives with respect to such claim.
Upon such hearing, the Commission may affirm, modify, or revise its
former action with respect to such claim, including a denial or
reduction in the amount theretofore allowed with respect to such
claim. The action of the Commission in allowing or denying any
claim under this title [sections 2001 to 2016 of this Appendix]
shall be final and conclusive on all questions of law and fact and
not subject to review by any other official of the United States or
by any court by mandamus or otherwise, and the Comptroller General
is authorized and directed to allow credit in the accounts of any
certifying or disbursing officer for payments in accordance with
such action.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 11, 62 Stat. 1246; Pub. L.
87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by 68 Reorg. Plan No. 1 of 1954,
Secs. 2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out
in the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2017n of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2011 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2011. Omitted
-COD-
CODIFICATION
Section, act July 3, 1948, ch. 826, title I, Sec. 12, 62 Stat.
1246, enacted section 39 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2012 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2012. War Claims Fund
-STATUTE-
(a) Composition; expenditure
There is hereby created on the books of the Treasury of the
United States a trust fund to be known as the War Claims Fund. The
War Claims Fund shall consist of all sums covered into the Treasury
pursuant to the provisions of section 39 of the Trading With the
Enemy Act of October 6, 1917, as amended [section 39 of this
Appendix]. The moneys in such fund shall be available for
expenditure only as provided in this Act [sections 2001 to 2017p of
this Appendix] or as may be provided hereafter by the Congress.
(b) Estimation and certification to Treasury of total amount
necessary under section 2004(f)
Before August 1, 1956, the Secretary of Labor shall estimate and
report to the President the total amount which will be required to
pay all benefits payable by reason of section 5(f) of this title
[section 2004(f) of this Appendix]. If the President approves the
amount so estimated as reasonably accurate, the total amount so
estimated and approved shall be certified to the Secretary of the
Treasury; if the President does not so approve he shall determine
such amount, and the amount so determined shall be certified to the
Secretary of the Treasury. Such certification shall be made on or
before September 1, 1956. The Secretary of the Treasury shall then
transfer from the War Claims Fund to the general fund of the
Treasury a sum equal to the total amount certified to him under
this subsection.
(c) Estimation and certification to Treasury of total amount
necessary under section 2003(c)
Before August 1, 1956, the Secretary of Labor shall estimate and
report to the President the total amount which will be required to
pay all additional benefits payable as a result of the enactment of
section 4(c) of this title [section 2003(c) of this Appendix]. If
the President approves the amount so estimated as reasonably
accurate, the total amount so estimated and approved shall be
certified to the Secretary of the Treasury; if the President does
not so approve, he shall determine such amount, and the amount so
determined shall be certified to the Secretary of the Treasury.
Such certification shall be made on or before September 1, 1956.
The Secretary of the Treasury shall then transfer from the War
Claims Fund to the general fund of the Treasury a sum equal to the
total amount certified to him under this subsection.
(d) Certification to Treasury of total canceled obligations under
section 2003(b)(1)
On or before August 1, 1956, the Secretary of State is authorized
and directed to certify to the Secretary of the Treasury the total
amount of all obligations canceled pursuant to the provisions of
section 4(b)(1) of this title [section 2003(b)(1) of this
Appendix]. The Secretary of the Treasury shall transfer from the
war claims fund to the general fund of the Treasury an amount equal
to the total amount so certified.
(e) Authorization of appropriations for Commission's work
There are hereby authorized to be appropriated, out of any money
in the war claims fund, such sums as may be necessary to enable the
Commission to carry out its functions under this title [sections
2001 to 2016 of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 13, 62 Stat. 1247; 1950
Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64
Stat. 1271; Aug. 31, 1954, ch. 1162, title I, Sec. 104, 68 Stat.
1036; Pub. L. 87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat.
1107.)
-REFTEXT-
REFERENCES IN TEXT
Section 4(c) of this title, referred to in subsec. (c), which
amended section 1702 of Title 42, The Public Health and Welfare,
was classified to section 2003(c) of this Appendix, and was omitted
from the Code.
-MISC1-
AMENDMENTS
1962 - Subsecs. (b) to (e). Pub. L. 87-846 substituted "title"
for "Act".
1954 - Subsec. (b). Act Aug. 31, 1954, Sec. 104(a), provided that
President may approve or disapprove of Secretary of Labor's
estimate, and if he disapproves he shall estimate total amount of
claims under section 2004(f) of this Appendix, and provided that
all transfers which are to be made from the War Claims Fund to the
Treasury general fund shall be made before Aug. 1, 1956.
Subsec. (c). Act Aug. 31, 1954, Sec. 104(a), provided that
President may approve or disapprove Secretary of Labor's estimate,
and if he disapproves he shall estimate total amount of claims
under section 2003 (c) of this Appendix, and provided that all
transfers which are to be made from War Claims Fund to Treasury
general fund shall be made before Aug. 1, 1956.
Subsec. (d). Act Aug. 31, 1954, Sec. 104(b), inserted "on or
before August 1, 1956" before "Secretary of State".
-TRANS-
TRANSFER OF FUNCTIONS
"Secretary of Labor" substituted for "Federal Security
Administrator" in subsecs. (b) and (c) pursuant to Reorg. Plan No.
19 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271,
set out in the Appendix to Title 5, Government Organization and
Employees, which transferred functions of Federal Security
Administrator and Federal Security Agency under this section to
Secretary of Labor with power to delegate.
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40, 2003, 2004, 2005,
2006, 2014, 2015, 2016 of this Appendix; title 22 section 1641c.
-End-
-CITE-
50 USC APPENDIX Sec. 2012a 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2012a. Omitted
-COD-
CODIFICATION
Section, act June 29, 1955, ch. 226, title I, 69 Stat. 195, which
placed a limitation on funds used for payment of claims, was from
the General Government Matters Appropriation Act, 1956, and was not
repeated in subsequent appropriation acts. Similar provisions were
contained in the following prior appropriation acts:
1954 - June 24, 1954, ch. 359, title I, 68 Stat. 293.
1953 - July 31, 1953, ch. 302, title I, 67 Stat. 312.
1952 - July 5, 1952, ch. 578, title I, 66 Stat. 410.
1951 - Aug. 31, 1951, ch. 376, title I, 65 Stat. 282.
1950 - Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 720.
-End-
-CITE-
50 USC APPENDIX Sec. 2013 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2013. Payments to certain members of religious orders
-STATUTE-
In any case in which any money is payable as a result of the
enactment of this title [sections 2001 to 2016 of this Appendix] to
any person who is prevented from accepting such money by the rules,
regulations, or customs of the church or the religious order or
organization of which he is a member, such money shall be paid,
upon the request of such person, to such church or to such
religious order or organization.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 14, 62 Stat. 1247; Pub. L.
87-846, title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
War Claims Commission, including offices of its members,
abolished and functions of Commission and of members, officers, and
employees thereof transferred to Foreign Claims Settlement
Commission of the United States by Reorg. Plan No. 1 of 1954, Secs.
2, 4, eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, set out in
the Appendix to Title 5, Government Organization and Employees.
See, also, section 2001 of this Appendix and notes thereunder.
-End-
-CITE-
50 USC APPENDIX Sec. 2014 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2014. United States citizens serving in allied forces
-STATUTE-
(a) Right to compensation
The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim for compensation filed by or on behalf of any
individual who, being then an American citizen, served in the
military or naval forces of any government allied with the United
States during World War II who was held as a prisoner of war for
any period of time subsequent to December 7, 1941, by any
government of any nation with which such allied government has been
at war subsequent to such date. Compensation shall be payable under
this section in accordance with the standards established by, and
at the rates prescribed in, subsection (b) of section 6 of this
title [section 2005(b) of this Appendix], and paragraphs (2) and
(3) of subsection (d) of such section 6 [section 2005(d) (2), (3)
of this Appendix].
(b) Deductions
The amount payable under this section shall be reduced by such
sum as the individual entitled to compensation under this section
has received or is entitled to receive from any government by
reason of the same detention.
(c) Payments on death
In the event of death of the individual entitled to compensation
under this section, payment may be made to the persons specified in
paragraph (4) of subsection (d) of section 6 of this title [section
2005(d)(4) of this Appendix].
(d) Filing date for claims
Claims for benefits under this section must be filed within one
year after the date of enactment of this section [Aug. 31, 1954].
(e) Certification of claim for payment
Any claim allowed under the provisions of this section shall be
certified to the Secretary of the Treasury for payment out of the
War Claims Fund established by section 13 of this title [section
2012 of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 15, as added Aug. 31, 1954,
ch. 1162, title I, Sec. 103, 68 Stat. 1034; amended Pub. L. 87-846,
title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
-End-
-CITE-
50 USC APPENDIX Sec. 2015 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2015. Detention benefits to merchant seamen
-STATUTE-
(a) "Merchant seaman" defined
As used in this section, the term "merchant seaman" means any
individual who was employed as a seaman or crew member on any
vessel registered under the laws of the United States, or under the
laws of any government friendly to the United States during World
War II, and who was a citizen of the United States on and after
December 7, 1941, to the date of his death or the date of filing
claim under this section; except any such individual who is
entitled to, or who has received, benefits under section 5 of this
title [section 2004 of this Appendix] as a "civilian American
citizen".
(b) Determination of claim; rate of payment
The Commission is authorized to receive and determine, according
to law, the amount and validity, and provide for the payment of any
claim for detention benefits filed by or on behalf of any merchant
seaman who, being then a merchant seaman, was captured or interned
or held by the Government of Germany or the Imperial Japanese
Government, its agent or instrumentalities in World War II for any
period of time subsequent to December 7, 1941, during which he was
held by either such government as a prisoner, internee, hostage, or
in any other capacity. Detention benefits shall be paid under this
section at the rates prescribed and in the manner provided in
subsections (c) and (d) of section 5 of this title [section
2004(c), (d) of this Appendix].
(c) Collaborationists excluded
Payment of any claim filed under this section shall not be made
to any merchant seaman, or to any survivor or survivors thereof,
who, voluntarily, knowingly, and without duress, gave aid to or
collaborated with or in any manner served any government hostile to
the United States during World War II.
(d) Time of filing claim
Claims for benefits under this section must be filed within one
year after the date of enactment of this section [Aug. 31, 1954].
(e) Certification of claim for payment
Any claim allowed under the provisions of this section shall be
certified to the Secretary of the Treasury for payment out of the
War Claims Fund established by section 13 of this title [section
2012 of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 16, as added Aug. 31, 1954,
ch. 1162, title I, Sec. 103, 68 Stat. 1034; amended Pub. L. 87-846,
title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
-End-
-CITE-
50 USC APPENDIX Sec. 2016 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE I
-HEAD-
Sec. 2016. Philippines
-STATUTE-
(a) Losses by individual from sequestered credits; loss by banks or
other financial institutions
(1) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by -
(A) any individual who -
(i) on or after December 7, 1941, was a member of the
military or naval forces of the United States;
(ii) is the survivor of any deceased individual described in
subparagraph (i);
(iii) was a national of the United States on December 7,
1941, and is a national of the United States on the date of
enactment of this section [Aug. 31, 1954]; or
(iv) is the survivor of any deceased individual who was a
national of the United States on December 7, 1941, and would be
a national of the United States on the date of enactment of
this section [Aug. 31, 1954] if living; or
(B) any partnership, firm, corporation, or other legal entity,
in which more than 50 per centum of the ownership was vested,
directly or indirectly, both on December 7, 1941, and on the date
of enactment of this section [Aug. 31, 1954], in individuals
referred to in subparagraph (A) of this paragraph;
for losses arising as a result of the sequestration of accounts,
deposits, or other credits of such individual or legal entity in
the Philippines by the Imperial Japanese Government.
(2) The Commission is authorized to receive and to determine,
according to law, the amount and validity, and provide for the
payment of any claim filed by any bank or other financial
institution doing business in the Philippines which reestablished
sequestered accounts, deposits, or other credits of -
(A) any individual referred to in subparagraph (A) of paragraph
(1) of this subsection; or
(B) any partnership, firm, corporation, or other legal entity,
in which more than 50 per centum of the ownership was vested,
directly or indirectly, both on December 7, 1941, and on the date
of reestablishment of such sequestered credits, in individuals
referred to in such subparagraph (A);
for reimbursement of the amounts of such sequestered credits paid
by such bank or financial institution.
(b) Filing date for claims
Claims must be filed under this section within one year after the
date of enactment of this section [Aug. 31, 1954].
(c) Death or legal disability as affecting payments
Where any individual entitled to payment under this section is
under any legal disability, payment may be made in accordance with
the provisions of subsection (e) of section 5 of this title
[section 2004(e) of this Appendix]. In the case of the death of any
individual entitled to payment of any claim under this section,
payment of such claim shall be made to the individuals specified,
and in the order provided, in subsection (d) of section 6 of this
title [section 2005(d) of this Appendix]; except that no payment
shall be made under this section to any individual who voluntarily,
knowingly, and without duress, gave aid to or collaborated with or
in any manner served any government hostile to the United States
during World War II.
(d) Certification of claims for payment
Each claim allowed under this section shall be certified to the
Secretary of the Treasury for payment out of the War Claims Fund
established under section 13 of this title [section 2012 of this
Appendix]. The Secretary of the Treasury shall pay such claims as
follows:
(1) In the case of each claim allowed in an amount equal to or
less than $500, such claim shall be paid in full; and
(2) In the case of each claim allowed in an amount greater than
$500, such claim shall be paid in two installments. The first
installment shall be paid in an amount equal to $500 plus 66 2/3
per centum of the amount of such claim allowed in excess of $500.
The last installment shall be computed as of September 1, 1956,
under the next sentence of this paragraph, and, as so computed,
shall be paid from the sums remaining in the War Claims Fund on
that date. If the sums remaining in the War Claims Fund on
September 1, 1956, are sufficient to satisfy all claims allowed
under this section and not paid in full, the unpaid portion of
each such claim shall be paid in full; if the sums remaining in
the War Claims Fund on September 1, 1956, are not sufficient to
satisfy all claims allowed under this section and not paid in
full, the last installment payable on each such claim shall be
reduced ratably, and, as so reduced, shall be paid from the War
Claims Fund.
-SOURCE-
(July 3, 1948, ch. 826, title I, Sec. 17, as added Aug. 31, 1954,
ch. 1162, title I, Sec. 103, 68 Stat. 1035; amended Pub. L. 87-846,
title I, Sec. 102, Oct. 22, 1962, 76 Stat. 1107.)
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-846 substituted "title" for "Act".
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
-End-
-CITE-
50 USC APPENDIX TITLE II 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
TITLE II
-MISC1-
TITLE II OF ACT
Section 103 of Pub. L. 87-846, Oct. 22, 1962, 76 Stat. 1107,
added sections 201 to 217 of act July 3, 1948, as amended [sections
2017 to 2017p of this Appendix], as title II.
-End-
-CITE-
50 USC APPENDIX Sec. 2017 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017. Definitions
-STATUTE-
As used in this title [sections 2017 to 2017p of this Appendix]
the term or terms -
(a) "Albania", "Austria", "Czechoslovakia", "the Free Territory
of Danzig", "Estonia", "Germany", "Greece", "Latvia", "Lithuania",
"Poland", and "Yugoslavia", when used in their respective
geographical senses, mean the territorial limits of each such
country or free territory, as the case may be, in continental
Europe as such limits existed on December 1, 1937.
(b) "Commission" means the Foreign Claims Settlement Commission
of the United States established pursuant to Reorganization Plan
Numbered 1 of 1954 (68 Stat. 1279).
(c) "National of the United States" means (1) a natural person
who is a citizen of the United States, (2) a natural person who,
though not a citizen of the United States, owes permanent
allegiance to the United States, and (3) a corporation,
partnership, unincorporated body, or other entity, organized under
the laws of the United States, or of any State, the Commonwealth of
Puerto Rico, the District of Columbia, or any possession of the
United States and in which more than 50 per centum of the
outstanding capital stock or other proprietary or similar interest
is owned, directly or indirectly, by persons referred to in clauses
(1) and (2) of this subsection. It does not include aliens.
(d) "Property" means real property and such items of tangible
personalty as can be identified and evaluated.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 201, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1107.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279), referred
to in subsec. (b), is set out in the Appendix to Title 5,
Government Organization and Employees.
-MISC1-
SEPARABILITY
Section 301 of Pub. L. 87-846 provided that: "If any provision of
this Act [enacting sections 41, 42, and 2017 to 2017p of this
Appendix, amending sections 9, 32, 33, 39, 2001, 2003 to 2010,
2012, and 2013 to 2016 of this Appendix, and exacting provisions
set out as notes under this section and section 2001 of this
Appendix], or the application thereof to any person or
circumstances, shall be held invalid, the remainder of this Act, or
the application of such provisions to other persons or
circumstances, shall not be affected."
-TRANS-
TRANSFER OF FUNCTIONS
For provisions transferring Foreign Claims Settlement Commission
of the United States to Department of Justice, as a separate
agency, see section 1622a et seq. of Title 22, Foreign Relations
and Intercourse.
-End-
-CITE-
50 USC APPENDIX Sec. 2017a 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017a. Claims authorized
-STATUTE-
The Commission is directed to receive and to determine according
to the provisions of this title [sections 2017 to 2017p of this
Appendix] the validity and amount of claims of nationals of the
United States for -
(a) loss or destruction of, or physical damage to, property
located in Albania, Austria, Czechoslovakia, the Free Territory
of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland,
or Yugoslavia, or in territory which was part of Hungary or
Rumania on December 1, 1937, but which was not included in such
countries on September 15, 1947, which loss, destruction, or
physical damage occurred during the period beginning September 1,
1939, and ending May 8, 1945, or which occurred in the period
beginning July 1, 1937, and ending September 2, 1945, to property
in territory occupied or attacked by the Imperial Japanese
military forces (including territory to which Japan has renounced
all right, title, and claim under article 2 of the Treaty of
Peace Between the Allied Powers and Japan) except the island of
Guam: Provided, That claims for loss, destruction, or damage
occurring in the Commonwealth of the Philippines shall not be
allowed except on behalf of nationals of the United States who
have received no payment, and certify under oath or affirmation
that they have received no payment, on account of the same loss,
destruction, or damage under the Philippine Rehabilitation Act of
1946 [sections 1751 to 1806 of this Appendix], whether or not
claim was filed thereunder: Provided further, That such loss,
destruction, or damage must have occurred, as a direct
consequence of (1) military operations of war or (2) special
measures directed against property in such countries or
territories during the respective periods specified, because of
the enemy or alleged enemy character of the owner, which property
was owned, directly or indirectly, by a national of the United
States at the time of such loss, damage or destruction;
(b) damage to, or loss or destruction of, ships or ship cargoes
directly or indirectly owned by a national of the United States
at the time such damage, loss, or destruction occurred, which was
a direct consequence of military action by Germany or Japan
during the period beginning September 1, 1939, and ending
September 2, 1945; no award shall be made under this subsection
in favor of any insurer or reinsurer as assignee or otherwise as
successor in interest to the right of the insured;
(c) net losses under war-risk insurance or reinsurance policies
or contracts, incurred in the settlement of claims for insured
losses of ships directly or indirectly owned by a national of the
United States at the time of the loss, damage, or destruction of
such ships and at the time of the settlement of such claims,
which insured losses were a direct consequence of military action
by Germany or Japan during the period beginning September 1,
1939, and ending September 2, 1945; such net losses shall be
determined by deducting from the aggregate of all payments made
in the settlement of such insured losses the aggregate of the net
amounts received by any such insurance companies on all policies
of contracts of war-risk insurance or reinsurance on ships under
which the insured was a national of the United States, after
deducting expenses; and
(d) loss or damage on account of -
(1) the death of any person who, being then a civilian
national of the United States and a passenger on any vessel
engaged in commerce on the high seas, died or was killed as a
result of military action by Germany or Japan which occurred
during the period beginning September 1, 1939, and ending
December 11, 1941; awards under this paragraph shall be made
only to or for the benefit of the following persons in the
order of priority named:
(A) widow or husband if there is no child or children of
the deceased;
(B) widow or husband and child or children of the deceased,
one-half to the widow or husband and the other half to the
child or children of the deceased in equal shares;
(C) child or children of the deceased (in equal shares) if
there is no widow or husband; and
(D) parents of the deceased (in equal shares) if there is
no widow, husband, or child;
(2) injury or permanent disability sustained by any person,
who being then a civilian national of the United States and a
passenger on any vessel engaged in commerce on the high seas,
was injured or permanently disabled as a result of military
action by Germany or Japan which occurred during the period
beginning September 1, 1939, and ending December 11, 1941;
awards under this paragraph shall be payable solely to the
person so injured or disabled;
(3) the loss or destruction, as a result of such action, of
property on such vessel, as determined by the Commission to be
reasonable, useful, necessary, or proper under the
circumstances, which property was owned by any civilian
national of the United States who was then a passenger on such
vessel; and in the case of the death of any person suffering
such loss, awards under this paragraph shall be made only to or
for the benefit of the persons designated in paragraph (1) of
this subsection and in the order of priority named therein.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 202, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1107.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2017b, 2017c, 2017d,
2017h, 2017k, 2017l of this Appendix; title 22 section 1641c.
-End-
-CITE-
50 USC APPENDIX Sec. 2017b 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017b. Transfers and assignments
-STATUTE-
The transfer or assignment for value of any property forming the
subject matter of a claim under subsection (a) or (b) of section
202 [section 2017a of this Appendix] subsequent to its damage,
loss, or destruction shall not operate to extinguish any claim of
the transferor otherwise compensable under either of such
subsections. If a claim which could otherwise be allowed under
subsection (a) or (b) of section 202 [section 2017a of this
Appendix] has been assigned for value prior to the enactment of
this title [Oct. 22, 1962], the assignee shall be the party
entitled to claim thereunder.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 203, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017c 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017c. Nationality of claimants
-STATUTE-
No claim shall be allowed under subsection (a), (b), or (c) of
section 202 of this title [section 2017a of this Appendix] unless
the property upon which it is based was owned by a national or
nationals of the United States on the date of loss, damage, or
destruction and unless the claim was owned by a national or
nationals of the United States continuously thereafter until the
date of filing with the Commission pursuant to this title [sections
2017 to 2017p of this Appendix]. Where any person who lost United
States citizenship solely by reason of marriage to a citizen or
subject of a foreign country reacquired such citizenship before the
date of enactment of this title [Oct. 22, 1962], then if such
individual, but for such marriage would have been a national of the
United States at all times on and after the date of such loss,
damage, or destruction until the filing of the claim, such
individual shall be treated for all purposes of this title
[sections 2017 to 2017p of this Appendix] as having been a national
of the United States at all such times.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 204, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017d 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017d. Claims of stockholders
-STATUTE-
(a) A claim under section 202 of this title [section 2017a of
this Appendix] based upon an ownership interest in any corporation,
association, or other entity which is a national of the United
States shall be denied.
(b) A claim under section 202 of this title [section 2017a of
this Appendix], based upon a direct ownership interest in a
corporation, association, or other entity which suffered a loss
within the meaning of said section, shall be allowed, subject to
other provisions of this title [sections 2017 to 2017p of this
Appendix], if such corporation, association, or other entity on the
date of the loss was not a national of the United States, without
regard to the per centum of ownership vested in the claimant in any
such claim.
(c) A claim under section 202 of this title [section 2017a of
this Appendix], based upon an indirect ownership interest in a
corporation, association, or other entity which suffered a loss
within the meaning of said section, shall be allowed, subject to
other provisions of this title [sections 2017 to 2017p of this
Appendix], only if at least 25 per centum of the entire ownership
interest thereof at the time of such loss was vested in nationals
of the United States.
(d) Any award on a claim under subsection (b) or (c) of this
section shall be calculated on the basis of the total loss suffered
by such corporation, association, or other entity, and shall bear
the same proportion to such loss as the ownership interest of the
claimant bears to the entire ownership interest thereof.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 205, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1109.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017e 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017e. Deductions in making awards
-STATUTE-
(a) In determining the amount of any award there shall be
deducted all amounts the claimant has received on account of the
same loss or losses with respect to which an award is made under
this title [sections 2017 to 2017p of this Appendix].
(b) Each claim in excess of $10,000 filed under this title
[sections 2017 to 2017p of this Appendix] by a corporation shall
include a statement under oath disclosing the aggregate amount of
Federal tax benefits derived by such corporation in any prior
taxable year or years resulting from any deduction or deductions
claimed for the loss or losses with respect to which such claim is
filed. In determining the amount of any award where the allowable
loss exceeds $10,000 there shall be deducted an amount equal to the
aggregate amount of Federal tax benefits so derived by the
claimant. For the purposes of this subsection, such Federal tax
benefits shall be the aggregate of the amounts by which the
claimant's taxes for such year or years under chapters 1, 2A, 2B,
2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of
the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] were
decreased with respect to such loss or losses. Any payments made on
an award reduced by reason of this subsection shall be exempt from
Federal income taxes.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 206, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110; amended
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
-REFTEXT-
REFERENCES IN TEXT
The Internal Revenue Code of 1939, referred to in text, was
generally repealed by section 7851 of the Internal Revenue Code of
1986, Title 26. For table of comparisons of the 1939 Code to the
1986 Code, see Table I preceding section 1 of Title 26, Internal
Revenue Code. See, also, section 7852(b) of Title 26 for provision
that references in any other law to a provision of the 1939 Code,
unless expressly incompatible with the intent thereof, shall be
deemed a reference to the corresponding provision of the 1986 Code.
Chapter 1 of the Internal Revenue Code of 1939, referred to in
subsec. (b), was comprised of sections 1 to 482 of former Title 26,
Internal Revenue Code. Section 14 of former Title 26 was repealed
by act Oct. 20, 1951, ch. 521, title I, pt. II, Sec. 121(g), 65
Stat. 469. Sections 34 and 185 of former Title 26 were repealed by
act Feb. 25, 1944, ch. 63, title I, Secs. 106(c)(2), 107(a), 58
Stat. 31. Sections 264 and 363 of former Title 26 were repealed by
act Oct. 21, 1942, ch. 619, title I, Secs. 159(e), 170(a), 56 Stat.
860, 878. Sections 430 to 474 of former Title 26 were omitted from
the Code, and subsequently, along with the remaining sections of
former Title 26 comprising chapter 1, except sections 143 and 144,
were repealed by sections 7851(a)(1)(A) of Title 26, Internal
Revenue Code. Sections 143 and 144 of former Title 26 were repealed
by section 7851(a)(1)(B) of Title 26.
Chapter 2A of the Internal Revenue Code of 1939, referred to in
subsec. (b), was comprised of sections 500 to 511 of former Title
26, Internal Revenue Code. Sections 500 to 511 were repealed by
section 7851(a)(1)(A) of Title 26, Internal Revenue Code.
Chapter 2B of the Internal Revenue Code of 1939, referred to in
subsec. (b), was comprised of sections 600 to 605 of former Title
26, Internal Revenue Code. Sections 600 to 605 were repealed by act
Nov. 8, 1945, ch. 453, title II, Sec. 202, 59 Stat. 574, eff. with
respect to taxable years ending June 30, 1946.
Chapter 2D of the Internal Revenue Code of 1939, referred to in
subsec. (b), was comprised of sections 700 to 706 of former Title
26, Internal Revenue Code. Sections 700 to 716 were repealed by
section 7851(a)(1)(A) of Title 26, Internal Revenue Code.
Chapter 2E of the Internal Revenue Code of 1939, referred to in
subsec. (b), was comprised of sections 710 to 784 of former Title
26, Internal Revenue Code. Sections 710 to 736, 740, 742 to 744,
750, 751, 760, 761 and 780 to 784 were repealed by act Nov. 8,
1945, ch. 453, title I, Sec. 122(a), 59 Stat. 568. Section 741 was
repealed by act Oct. 21, 1942, ch. 619, title II, Secs. 224(b),
228(b), 56 Stat. 920, 925. Section 752 was repealed by act Oct. 21,
1942, ch. 619, title II, Sec. 229(a)(1), 56 Stat. 931, eff. as of
Oct. 8, 1940.
Subtitle A of the Internal Revenue Code of 1986, referred to in
subsec. (b), is subtitle A of act Aug. 16, 1954, ch. 736, 68A Stat.
4, as amended, which comprises subtitle A (Sec. 1 et seq.) of Title
26, Internal Revenue Code.
-MISC1-
AMENDMENTS
1986 - Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
-End-
-CITE-
50 USC APPENDIX Sec. 2017f 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017f. Consolidated awards
-STATUTE-
With respect to any claim which, at the time of the award, is
vested in persons other than the person by whom the loss was
sustained, the Commission may issue a consolidated award in favor
of all claimants then entitled thereto, which award shall indicate
the respective interests of such claimant therein; and all such
claimants shall participate, in proportion to their indicated
interests, in the payments authorized by this title [sections 2017
to 2017p of this Appendix] in all respects as if the award had been
in favor of a single person.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 207, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017g 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017g. Certain awards prohibited
-STATUTE-
No award shall be made under this title [sections 2017 to 2017p
of this Appendix] to or for the benefit of (1) any person who has
been convicted of a violation of any provision of chapter 115,
title 18, United States Code, or of any other crime involving
disloyalty to the United States, or (2) any claimant whose claim
under this title [said sections] is within the scope of title III
of the International Claims Settlement Act of 1949, as amended (69
Stat. 570) [22 U.S.C. 1641 et seq.], except any claimant whose
award under section 303(1) of title III of the International Claims
Settlement Act of 1949, as amended [22 U.S.C. 1641b(1)], is
recertified pursuant to subsection (b) of section 209 of this title
[section 2017h of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 208, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1110.)
-REFTEXT-
REFERENCES IN TEXT
The International Claims Settlement Act of 1949, as amended,
referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as
amended. Title III of the International Claims Settlement Act of
1949, as amended (69 Stat. 570) is classified generally to
subchapter III (Sec. 1641 et seq.) of chapter 21 of Title 22,
Foreign Relations and Intercourse. For complete classification of
this Act to the Code, see Short Title note set out under section
1621 of Title 22 and Tables.
-End-
-CITE-
50 USC APPENDIX Sec. 2017h 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017h. Certification of awards
-STATUTE-
(a) The Commission shall certify to the Secretary of the
Treasury, in terms of United States currency, for payment out of
the War Claims Fund each award made pursuant to section 202
[section 2017a of this Appendix].
(b) The Commission shall recertify to the Secretary of the
Treasury, in terms of United States currency, for payment out of
the War Claims Fund, awards heretofore made with respect to claims
against the Government of Hungary under section 303(1) of title III
of the International Claims Settlement Act of 1949, as amended [22
U.S.C. 1641b(1)]. Nothing contained in this subsection shall be
construed as authorizing the filing of new claims against Hungary.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 209, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2017g, 2017l of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2017i 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017i. Claim filing period
-STATUTE-
Within sixty days after the enactment of this title [Oct. 22,
1962] or of legislation making appropriations to the Commission for
payment of administrative expenses incurred in carrying out its
functions under this title [sections 2017 to 2017p of this
Appendix], whichever date is later, the Commission shall give
public notice by publication in the Federal Register of the time
when, and the limit of time within which claims may be filed, which
limit shall not be more than eighteen months after such
publication.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 210, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)
-MISC1-
PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN
FEDERAL REGISTER
Notwithstanding the provisions of this section and section 2017j
of this Appendix, receipt and consideration of filed and published
protests relating to awards made by the Foreign Claims Settlement
Commission which result in modification of such awards shall be
certified and paid by the Secretary of the Treasury out of the War
Claims Fund in accordance with section 2017l of this Appendix. See
section 615 of act Mar. 10, 1950, ch. 54, as added by Pub. L.
94-542, Oct. 18, 1976, 90 Stat. 2512, set out as a note under
section 1623 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
50 USC APPENDIX Sec. 2017j 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017j. Claims settlement period
-STATUTE-
The Commission shall complete its affairs in connection with the
settlement of claims pursuant to this title [sections 2017 to 2017p
of this Appendix] not later than four years following the enactment
of legislation making appropriations to the Commission for payment
of administrative expenses incurred in carrying out its functions
under this title [said sections].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 211, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)
-MISC1-
PROTESTS RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN
FEDERAL REGISTER
Notwithstanding the provisions of this section and section 2017i
of this Appendix, receipt and consideration of filed and published
protests relating to awards made by the Foreign Claims Settlement
Commission which result in modification of such awards shall be
certified and paid by the Secretary of the Treasury out of the War
Claims Fund in accordance with section 2017l of this Appendix. See
section 615 of act Mar. 10, 1950, ch. 54, as added by Pub. L.
94-542, Oct. 18, 1976; 90 Stat. 2512, set out as a note under
section 1623 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
50 USC APPENDIX Sec. 2017k 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017k. Notification to claimants
-STATUTE-
Each award or denial of a claim by the Commission whether
rendered before or after a hearing, shall include a specific
statement of the facts and of the reasoning of the Commission in
support of its conclusion.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 212, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017l 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017l. Payment of awards; priorities; limitations
-STATUTE-
(a) The Secretary of the Treasury shall pay out of the War Claims
Fund on account of award certified by the Commission pursuant to
this title [sections 2017 to 2017p of this Appendix] as follows and
in the following order of priority:
(1) Payment in full of awards made pursuant to section 202(d)(1)
and (2) [section 2017a(d)(1) and (2) of this Appendix], and
thereafter of any award made pursuant to section 202(a) [section
2017a(a) of this Appendix] to any claimant (A) certified to the
Commission by the Small Business Administration as having been, on
the date of loss, damage, or destruction, a small business concern
within the meaning now set forth in the Small Business Act, as
amended [15 U.S.C. 631 et seq.], or (B) determined by the
Commission to have been, on the date of loss, damage, or
destruction, a nonprofit organization operated exclusively for the
promotion of social welfare, religious, charitable, or educational
purposes.
(2) Thereafter, payments from time to time on account of the
other awards made pursuant to section 202 [section 2017a of this
Appendix] in an amount which shall be the same for each award or in
the amount of the award, whichever is less. The total payment made
pursuant to this paragraph on account of any award shall not exceed
$10,000.
(3) Thereafter, payments from time to time on account of the
other awards made to individuals and corporations pursuant to
section 202 [section 2017a of this Appendix] and not compensated in
full under paragraph (1) or (2) of this subsection in an amount
which shall be the same for each award or in the amount of the
award, whichever is less. The total payment pursuant to this
paragraph on account of any award shall not exceed $35,000.
(4) Thereafter, payments from time to time on account of the
unpaid balance of each remaining award made pursuant to section 202
[section 2017a of this Appendix] or recertified pursuant to
subsection (b) of section 209 [section 2017h of this Appendix]
which shall bear to such unpaid balance the same proportion as the
total amount in the War Claims Fund and available for distribution
at the time such payments are made bears to the aggregate unpaid
balances of all such awards. No payment made pursuant to this
paragraph on account of any award shall exceed the unpaid balance
of such award. Payments heretofore made under section 310 of title
III of the International Claims Settlement Act of 1949, as amended
[22 U.S.C. 1641i], on awards made against the Government of Hungary
under section 303(1) of title III of the International Claims
Settlement Act of 1949, as amended [22 U.S.C. 1641b(1)], and
recertified under subsection (b) of section 209 [section 2017h(b)
of this Appendix], shall be considered as payments under this
paragraph and no payment shall be made on any recertified award
until the percentage of distribution on awards made under section
202 [section 2017a of this Appendix] exceeds the corresponding
percentage of distribution on such recertified award: Provided,
That no payment made on awards recertified under subsection (b) of
section 209 [section 2017h(b) of this Appendix] shall exceed 40 per
centum of the amount of the award recertified.
(b) Such payments, and applications for such payments, shall be
made in accordance with such regulations as the Secretary of the
Treasury shall prescribe.
(c) For the purpose of making any such payments, other than under
section 213(a)(1) [subsec. (a)(1) of this section], an "award"
shall be deemed to mean the aggregate of all awards certified for
payment in favor of the same claimant.
(d) If any person to whom any payment is to be made pursuant to
this title [sections 2017 to 2017p of this Appendix] is deceased or
is under a legal disability, payment shall be made to his legal
representative, except that if any payment to be made is not over
$1,000 and there is no qualified executor or administrator, payment
may be made to the person or persons found by the Secretary of the
Treasury to be entitled thereto, without the necessity of
compliance with the requirements of law with respect to the
administration of estates.
(e) Payment on account of any award pursuant to this title
[sections 2017 to 2017p of this Appendix] shall not, unless such
payment is for the full amount of the award, extinguish any rights
against any foreign government for the unpaid balance of the award.
(f) Payments made under this section on account of any award for
loss, damage, or destruction occurring in the Commonwealth of the
Philippines shall not exceed the amount paid on account of awards
in the same amount under the Philippine Rehabilitation Act of 1946
[sections 1751 to 1806 of this Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 213, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1111; amended
Pub. L. 91-571, Sec. 1(a), Dec. 24, 1970, 84 Stat. 1503; Pub. L.
104-316, title I, Sec. 128(b), Oct. 19, 1996, 110 Stat. 3841.)
-REFTEXT-
REFERENCES IN TEXT
The Small Business Act, as amended, referred to in subsec.
(a)(1), is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended,
which is classified generally to chapter 14A (Sec. 631 et seq.) of
Title 15, Commerce and Trade. For complete classification of this
Act to the Code, see Short Title note set out under section 631 of
Title 15 and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-316 substituted "Secretary of the
Treasury" for "Comptroller General".
1970 - Subsec. (a)(1). Pub. L. 91-571, Sec. 1(a)(1), included
payment to any claimant determined by Commission to have been, on
date of loss, damage, or destruction, a nonprofit organization
operated exclusively for promotion of social welfare, religious,
charitable, or educational purposes.
Subsec. (a)(3), (4). Pub. L. 91-571, Sec. 1(a)(2), added par. (3)
and redesignated former par. (3) as (4).
PROTEST RELATING TO AWARDS BY COMMISSION; NOTICE BY PUBLICATION IN
FEDERAL REGISTER
Notwithstanding the provisions of sections 2017i and 2017j of
this Appendix receipt and consideration of filed and published
protests relating to awards made by the Foreign Claims Settlement
Commission which result in modification of such awards shall be
certified and paid by the Secretary of the Treasury out of the War
Claims Fund in accordance with this section. See section 615 of Act
Mar. 10, 1950, ch. 54, as added by Pub. L. 94-542, Oct. 18, 1976,
90 Stat. 2512, set out as a note under section 1623 of Title 22,
Foreign Relations and Intercourse.
RECERTIFICATION OF CERTAIN AWARDS
Section 1(b) of Pub. L. 91-571 provided that: "The Foreign Claims
Settlement Commission is authorized to recertify to the Secretary
of the Treasury each award which has been certified before the date
of enactment of this Act [Dec. 24, 1970] pursuant to title II of
the War Claims Act of 1948, as added by the Act of October 22, 1962
(76 Stat. 1107) [sections 2017 to 2017p of this Appendix], but
which as of the date of enactment of this Act has not been paid in
full, in such manner as it may determine to be required to give
effect to the amendments made by this Act [amending this section]
to the same extent and with the same effect as if such amendments
had taken effect on October 22, 1962."
-End-
-CITE-
50 USC APPENDIX Sec. 2017m 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017m. Fees of attorneys and agents
-STATUTE-
No remuneration on account of services rendered on behalf of any
claimant in connection with any claim filed with the Commission
under this title [sections 2017 to 2017p of this Appendix] shall
exceed 10 per centum (or such lesser per centum as may be fixed by
the Commission with respect to any class of claims) of the total
amount paid pursuant to any award certified under the provisions of
this title [said sections] on account of such claim. Any agreement
to the contrary shall be unlawful and void. Whoever, in the United
States or elsewhere, demands or receives, on account of services so
rendered, any remuneration in excess of the maximum permitted by
this section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $5,000 or imprisoned not more
than twelve months, or both.
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 214, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1112.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017n 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017n. Application of other laws
-STATUTE-
To the extent they are not inconsistent with the provisions of
this title [sections 2017 to 2017p of this Appendix], the following
provisions of title I of this Act [sections 2001 to 2016 of this
Appendix] and title I of the International Claims Settlement Act of
1949, as amended [22 U.S.C. 1621 et seq.], shall apply to this
title [sections 2017 to 2017p of this Appendix]: The first sentence
of subsection (b) of section 2 [section 2001 of this Appendix], all
of subsection (c) of section 2 [section 2001 of this Appendix] and
section 11 [section 2010 of this Appendix] of title I of this Act,
and subsections (c), (d), (e), and (f) of section 7 of the
International Claims Settlement Act of 1949, as amended [22 U.S.C.
1626].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 215, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1112.)
-REFTEXT-
REFERENCES IN TEXT
The International Claims Settlement Act of 1949, as amended,
referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as
amended. Title I of that Act is classified generally to subchapter
I (Sec. 1621 et seq.) of chapter 21 of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the
Code, see Short Title note set out under section 1621 of Title 22
and Tables.
-End-
-CITE-
50 USC APPENDIX Sec. 2017o 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017o. Transfer of records
-STATUTE-
The Secretary of State is authorized and directed to transfer or
otherwise make available to the Commission such records and
documents relating to claims authorized by this title [sections
2017 to 2017p of this Appendix] as may be required by the
Commission in carrying out its functions under this title [said
sections].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 216, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1113.)
-End-
-CITE-
50 USC APPENDIX Sec. 2017p 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
WAR CLAIMS
ACT JULY 3, 1948, CH. 826, 62 STAT. 1240
TITLE II
-HEAD-
Sec. 2017p. Administrative expenses
-STATUTE-
There are authorized to be appropriated out of any moneys in the
Treasury not otherwise appropriated such sums as may be necessary
(but not to exceed the total covered into the Treasury to the
credit of miscellaneous receipts under section 39 subsection (d)
(!1) of the Trading With the Enemy Act [section 39(d) of this
Appendix]) to enable the Commission and the Treasury Department to
pay their administrative expenses in carrying out their respective
functions under this title [sections 2017 to 2017p of this
Appendix].
-SOURCE-
(July 3, 1948, ch. 826, title II, Sec. 217, as added Pub. L.
87-846, title I, Sec. 103, Oct. 22, 1962, 76 Stat. 1113.)
-REFTEXT-
REFERENCES IN TEXT
Section 39 subsection (d) of the Trading With the Enemy Act,
referred to in text, was repealed by Pub. L. 100-418, title II,
Sec. 2501(a)(1), Aug. 23, 1988, 102 Stat. 1371.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
50 USC APPENDIX MICRONESIAN WAR AND POSTWAR
CLAIMS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MICRONESIAN WAR AND POSTWAR CLAIMS
-HEAD-
MICRONESIAN WAR AND POSTWAR CLAIMS
-End-
-CITE-
50 USC APPENDIX PUB. L. 92-39, JULY 1, 1971, 85
STAT. 92 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MICRONESIAN WAR AND POSTWAR CLAIMS
PUB. L. 920939, JULY 1, 1971, 85 STAT. 92
-HEAD-
PUB. L. 92-39, JULY 1, 1971, 85 STAT. 92
-End-
-CITE-
50 USC APPENDIX Secs. 2018 to 2020b 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
MICRONESIAN WAR AND POSTWAR CLAIMS
PUB. L. 920939, JULY 1, 1971, 85 STAT. 92
-HEAD-
Secs. 2018 to 2020b. Omitted
-COD-
CODIFICATION
Sections 2018 to 2020b terminated Aug. 3, 1976, pursuant to
section 2019b of this Appendix.
Section 2018, Pub. L. 92-39, Sec. 1, July 1, 1971, 85 Stat. 92,
provided that sections 2018 to 2020b of this Appendix were to be
cited as the Micronesian Claims Act of 1971.
Section 2019, Pub. L. 92-39, title I, Sec. 101, July 1, 1971, 85
Stat. 92; Pub. L. 93-131, Sec. 1, Oct. 19, 1973, 87 Stat. 460,
related to purpose of sections 2019 to 2019e of this Appendix to
implement an ex gratia contribution by the United States to
meritorious Micronesian war claimants inhabiting the Trust
Territory of Pacific Islands.
Section 2019a, Pub. L. 92-39, title I, Sec. 102, July 1, 1971, 85
Stat. 93, authorized appropriations for purposes of sections 2018
to 2020b of this Appendix and authorized the establishment and
management of a Micronesian Claims Fund.
Section 2019b, Pub. L. 92-39, title I, Sec. 103, July 1, 1971, 85
Stat. 93, established Micronesian Claims Commission, provided for
compensation and allowances of its members, authorized prescription
of rules and regulations by Commission, and provided that
Commission was to wind up its affairs no later than three years
after expiration of time for filing claims under sections 2018 to
2020b of this Appendix. The Commission terminated on Aug. 3, 1976.
Section 2019c, Pub. L. 92-39, title I, Sec. 104, July 1, 1971, 85
Stat. 94; Pub. L. 93-131, Sec. 2, Oct. 19, 1973, 87 Stat. 461,
related to powers of Commission.
Section 2019d, Pub. L. 92-39, title I, Sec. 105, July 1, 1971, 85
Stat. 95, authorized appropriations necessary for operational and
administrative expenses of Foreign Claims Settlement Commission and
Micronesian Claims Commission in carrying out the purposes of
sections 2018 to 2020b of this Appendix.
Section 2019e, Pub. L. 92-39, title I, Sec. 106, July 1, 1971, 85
Stat. 95, related to remuneration limitation for filing services
and prescribed penalties for violations of sections 2018 to 2020b
of this Appendix.
Section 2020, Pub. L. 92-39, title II, Sec. 201, July 1, 1971, 85
Stat. 96, authorized Commission to determine personal or property
loss claims against United States by Micronesian inhabitants and
provided that administrative settlements by Commission were to be
final and conclusive.
Section 2020a, Pub. L. 92-39, title II, Sec. 202, July 1, 1971,
85 Stat. 96, authorized appropriations for making payments to
extent authorized by sections 2020 to 2020b of this Appendix.
Section 2020b, Pub. L. 92-39, title II, Sec. 203, July 1, 1971,
85 Stat. 96, authorized transfer of any funds remaining after
settlement of claims under sections 2020 to 2020b of this Appendix
to Treasury of United States.
-End-
-CITE-
50 USC APPENDIX EXPORT CONTROLS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
EXPORT CONTROLS
-HEAD-
EXPORT CONTROLS
-End-
-CITE-
50 USC APPENDIX ACT FEB. 26, 1949, CH. 11, 63
STAT. 7 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
EXPORT CONTROLS
ACT FEB. 26, 1949, CH. 11, 63 STAT. 7
-HEAD-
ACT FEB. 26, 1949, CH. 11, 63 STAT. 7
-End-
-CITE-
50 USC APPENDIX Secs. 2021 to 2032 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
EXPORT CONTROLS
ACT FEB. 26, 1949, CH. 11, 63 STAT. 7
-HEAD-
Secs. 2021 to 2032. Omitted
-COD-
CODIFICATION
Sections 2021 to 2032 terminated pursuant to section 2032 of this
Appendix. See section 2401 et seq. of this Appendix.
Section 1, in part, of act Feb. 26, 1949, ch. 11, 63 Stat. 7, as
amended, provided that act Feb. 26, 1949, may be cited as the
Export Control Act of 1949.
Section 2021, acts Feb. 26, 1949, ch. 11, Sec. 1(a), (b), 63
Stat. 7; July 1, 1962, Pub. L. 87-515, Sec. 2, 76 Stat. 127, set
out Congressional findings.
Section 2022, acts Feb. 26, 1949, ch. 11, Sec. 2, 63 Stat. 7;
July 1, 1962, Pub. L. 87-515, Sec. 3, 76 Stat. 127; June 30, 1965,
Pub. L. 89-63, Sec. 3(a), 79 Stat. 209, set out Congressional
declaration of policy.
Section 2023, acts Feb. 26, 1949, ch. 11, Sec. 3, 63 Stat. 7;
July 1, 1962, Pub. L. 87-515, Sec. 4, 76 Stat. 127; June 30, 1965,
Pub. L. 89-63, Secs. 3(b), 4(a), (d), 79 Stat. 210, set out
authority to effectuate export control policy and delegated
authority to prescribe rules and regulations.
Section 2024, acts Feb. 26, 1949, ch. 11, Sec. 4, 63 Stat. 8;
June 30, 1965, Pub. L. 89-63, Sec. 4(b), 79 Stat. 210, laid down
criteria for establishment of standards for carrying out policies
and for consultation among departments and agencies.
Section 2025, acts Feb. 26, 1949, ch. 11, Sec. 5, 63 Stat. 8;
July 1, 1962, Pub. L. 87-515, Sec. 5, 76 Stat. 128; June 30, 1965,
Pub. L. 89-63, Secs. 2, 4(c), 79 Stat. 209, 210, provided for
penalties for violations of export control policy.
Section 2026, act Feb. 26, 1949, ch. 11, Sec. 6, 63 Stat. 8,
provided for enforcement and for keeping certain information
confidential.
Subsec. (b) of section 2026, which provided that no person would
be excused from complying with any requirements under this section
because of his privilege against self-incrimination, but that
immunity provisions of section 46 of Title 49, Transportation,
would apply with respect to any individual specifically claiming
such privilege, was repealed by Pub. L. 91-452, title II, Sec. 250,
Oct. 15, 1970, 84 Stat. 931. See section 6001 et seq. of Title 18,
Crimes and Criminal Procedure.
Section 2027, act Feb. 26, 1949, ch. 11, Sec. 7, 63 Stat. 9,
exempted functions under Act from Administrative Procedure Act.
Section 2028, act Feb. 26, 1949, ch. 11, Sec. 8, 63 Stat. 9,
required quarterly reports to be submitted to President and
Congress.
Section 2029, act Feb. 26, 1949, ch. 11, Sec. 9, 63 Stat. 9,
defined "person".
Section 2030, act Feb. 26, 1949, ch. 11, Sec. 10, 63 Stat. 9,
provided for effect of Act on other legislation.
Section 2031, act Feb. 26, 1949, ch. 11, Sec. 11, 63 Stat. 9, set
out effective date of sections 2021 to 2032 of this Appendix.
Section 2032, acts Feb. 26, 1949, ch. 11, Sec. 12, 63 Stat. 9;
May 16, 1951, ch. 83, 65 Stat. 43; June 16, 1953, ch. 116, 67 Stat.
62; June 29, 1956, ch. 473, Sec. 1, 70 Stat. 407; June 25, 1958,
Pub. L. 85-466, 72 Stat. 220; May 13, 1960, Pub. L. 86-464, 74
Stat. 130; July 1, 1962, Pub. L. 87-515, Sec. 1, 76 Stat. 127; June
30, 1965, Pub. L. 89-63, Sec. 1, 79 Stat. 209; June 30, 1969, Pub.
L. 91-35, 83 Stat. 42; Aug. 18, 1969, Pub. L. 91-59, 83 Stat. 101;
Oct. 31, 1969, Pub. L. 91-105, Sec. 1, 83 Stat. 169, provided for
termination date of sections 2021 to 2032 of this Appendix, on Dec.
31, 1969.
-End-
-CITE-
50 USC APPENDIX ALIEN PROPERTY DAMAGE CLAIMS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
ALIEN PROPERTY DAMAGE CLAIMS
-HEAD-
ALIEN PROPERTY DAMAGE CLAIMS
-End-
-CITE-
50 USC APPENDIX ACT MAR. 15, 1949, CH. 19, 63
STAT. 12 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
ALIEN PROPERTY DAMAGE CLAIMS
ACT MAR. 15, 1949, CH. 19, 63 STAT. 12
-HEAD-
ACT MAR. 15, 1949, CH. 19, 63 STAT. 12
-End-
-CITE-
50 USC APPENDIX Secs. 2041 to 2045 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
ALIEN PROPERTY DAMAGE CLAIMS
ACT MAR. 15, 1949, CH. 19, 63 STAT. 12
-HEAD-
Secs. 2041 to 2045. Omitted
-COD-
CODIFICATION
Sections 2041 to 2045 were omitted pursuant to section 2042 of
this Appendix.
Section 2041, act Mar. 15, 1949, ch. 19, Sec. 1, 63 Stat. 12,
related to adjustment and settlement of claims.
Section 2042, act Mar. 15, 1949, ch. 19, Sec. 2, 63 Stat. 13,
related to time limitation for presentment of claims under sections
2041 to 2045 of this Appendix and required presentment within one
year of Mar. 15, 1949.
Section 2043, act Mar. 15, 1949, ch. 19, Sec. 3, 63 Stat. 13,
related to finality and conclusiveness of Attorney General's
decisions.
Section 2044, act Mar. 15, 1949, ch. 19, Sec. 4, 63 Stat. 13,
related to claims in excess of one thousand dollars.
Section 2045, act Mar. 15, 1949, ch. 19, Sec. 5, 63 Stat. 13,
related to authorization of appropriations for use under sections
2041 to 2045 of this Appendix.
-End-
-CITE-
50 USC APPENDIX DEFENSE PRODUCTION ACT OF 1950 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
-HEAD-
DEFENSE PRODUCTION ACT OF 1950
-End-
-CITE-
50 USC APPENDIX ACT SEPT. 8, 1950, CH. 932, 64
STAT. 798 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
-HEAD-
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
-MISC1-
Sec.
2061. Short title.
2062. Declaration of policy.
(a) Findings.
(b) Statement of policy.
TITLE I - PRIORITIES AND ALLOCATIONS
2071. Priority in contracts and orders.
(a) Allocation of materials, services, and
facilities.
(b) Critical and strategic materials.
(c) Domestic energy; materials, equipment, and
services.
2072. Hoarding of designated scarce materials.
2073. Penalties.
2074. Limitation on actions without Congressional
authorization.
(a) Wage or price controls.
(b) Chemical or biological weapons.
2075. Presidential power to ration gasoline among classes of
end-users unaffected.
2076. Designation of energy as a strategic and critical
material.
2077. Strengthening domestic capability.
(a) In general.
(b) Critical components and critical technology
items.
2078. Modernization of small business suppliers.
(a) In general.
(b) Modernization of equipment.
TITLE II - AUTHORITY TO REQUISITION AND CONDEMN
2081. Omitted.
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
2091. Loan guarantees.
(a) Purpose of loans; guaranteeing agencies;
Presidential determinations.
(b) Fiscal agents; accountability; reimbursement.
(c) Supervision; interest, fees, procedures.
(d) Funds available for guarantees.
(e) Identification of industrial resource or
critical technology item shortfall; prevention
of personal financial insolvency or
bankruptcy.
2092. Loans to private business enterprises.
(a) Purposes.
(b) Terms and conditions; Presidential
determinations.
(c) Identification of industrial resource
shortfall.
2093. Purchase of raw materials and installation of
equipment.
(a) Presidential provisions.
(b) Terms and conditions of purchase.
(c) Subsidy payments on domestically produced
materials; exclusion of agricultural products.
(d) Transportation, storage, and processing.
(e) Installation of equipment in industrial
facilities.
(f) Transfer of excess materials to national
stockpile.
(g) Development of substitutes for strategic and
critical materials.
2094. Defense Production Act Fund.
(a) Establishment of Fund.
(b) Moneys in Fund.
(c) Use of Fund.
(d) Duration of Fund.
(e) Fund balance.
(f) Fund manager.
(g) Liabilities against Fund.
2095. Synthetic fuel production.
(a) Immediate Presidential action to meet national
defense needs; exercise of authorities; United
States Synthetic Fuel Corporation authority
unaffected.
(b) Specific Presidential authorities; requisites,
limitations, etc.
(c) Purchases and commitments to purchase by
President; authority; limitations; advance
payments prior to construction of synthetic
fuel project.
(d) Bidding and contracting procedures and
requirements applicable to purchases and
commitments to purchase.
(e) Scope of Presidential procurement power.
(f) Determinations necessary for purchase and sale
of synthetic fuel.
(g) Maximum liability of Federal Government under
contracts; budgetary certifications.
(h) Loan, guarantee, or purchase agreement not to
be deemed a major Federal action significantly
affecting the quality of the human
environment.
(i) Labor standards; applicability, certifications,
etc.
(j) Other jurisdictional, etc., authorities
relating to water resources and rights
unaffected.
(k) Termination of contracting or commitment
authority of President; renewal or extension
of contracts.
2096. Synthetic fuel production subsequent to determinations
respecting a national energy supply shortage of
defense fuels.
(a) Invocation of authorities; judicial review
prohibited.
(b) Immediate Presidential action to meet national
defense needs; exercise of authorities; United
States Synthetic Fuels Corporation authority
unaffected.
(c) Specific Presidential authorities; requisites,
limitations, etc.
(d) Purchases and commitments to purchase by
President; authority; limitations; advance
payments prior to construction of synthetic
fuel project.
(e) Bidding and contracting procedures and
requirements applicable to purchases and
commitments to purchase.
(f) Scope of Presidential procurement power.
(g) Determinations respecting purchase and sale of
synthetic fuel.
(h) Maximum liability of Federal Government under
contracts; budgetary certifications.
(i) Loan, guarantee, or purchase not to be deemed a
major Federal action significantly affecting
the quality of the human environment.
(j) Labor standards; applicability, certifications,
etc.
(k) Other jurisdictional, etc., authorities
relating to water resources and rights
unaffected.
(l) Renewals and extensions of contracts.
2096a. Annual reports on synthetic fuel production.
2097. Synthetic fuel action.
(a) "Synthetic fuel action" defined.
(b) Submission to Congress by President.
2098. Definitions.
2099. Annual report on impact of offsets.
(a) Annual report on impact of offsets.
(b) Interagency studies and related data.
(c) Notice of offset agreements.
(d) Contents of report.
(e) Utilization of annual report in negotiations.
2099a. Civil-military integration.
TITLE IV - PRICE AND WAGE STABILIZATION
2101 to 2112. Omitted.
TITLE V - SETTLEMENT OF LABOR DISPUTES
2121 to 2123. Omitted.
TITLE VI - CONTROL OF REAL ESTATE CREDIT
2131 to 2137. Repealed or Omitted.
TITLE VII - GENERAL PROVISIONS
2151. Small business.
(a) Participation.
(b) Administration of Act.
(c) Advisory committee participation.
(d) Information.
(e) Allocations under section 101.
2152. Definitions.
2153. Civilian personnel.
2154. Regulations and orders.
(a) In general.
(b) Procurement regulations.
2155. Investigations; records; reports; subpoenas; right to
counsel.
2156. Jurisdiction of courts; injunctions; venue; process;
effect of termination of provisions.
2157. Liability for compliance with invalid regulations;
discrimination against orders or contracts affected
by priorities or allocations.
2158. Voluntary agreements and plans of action for
preparedness programs and expansion of production
capacity and supply.
(a) Immunity from civil and criminal liability or
defense to action under antitrust laws;
exceptions.
(b) Definitions.
(c) Prerequisites for agreements and plans of
action; delegation of authority to
Presidential designees.
(d) Advisory committees; establishment; applicable
provisions; membership; notice and
participation in meetings; verbatim
transcript; availability to public.
(e) Rules; promulgation by Presidential designees;
consultation by Attorney General with Chairman
of Federal Trade Commission; approval of
Attorney General; procedures; incorporation of
standards and procedures for development of
agreements and plans of action.
(f) Commencement of agreements and plans of action;
expiration date; extensions.
(g) Monitoring of agreements and plans of action by
Attorney General and Chairman of Federal Trade
Commission.
(h) Required provisions of rules for implementation
of agreements and plans of action.
(i) Rules; promulgation by Attorney General and
Chairman of Federal Trade Commission.
(j) Defenses.
(k) Surveys and studies by Attorney General and
Federal Trade Commission; content; annual
report to Congress and President by Attorney
General.
(l) Annual report to Congress and President by
Presidential designees; contents.
(m) Jurisdiction to enjoin statutory exemption or
suspension and order for production of
transcripts, etc.; procedures.
(n) Exemption from Advisory Committee Act
provisions.
(o) Preemption of contract law in emergencies.
2158a. Repealed.
2159. Public participation in rulemaking.
(a) Exemption from Administrative Procedure Act.
(b) Opportunity for notice and comment.
(c) Public comment on procurement regulations.
2160. Employment of personnel; appointment policies; nucleus
executive reserve; use of confidential information by
employees; printing and distribution of reports.
2161. Authorization of appropriations; availability of
funds.
(a) Authorization.
(b) Title III authorization.
2162. Repealed.
2163. Territorial application of Act.
2163a. Repealed.
2164. Separability.
2165. Repealed.
2166. Termination of Act.
2167 to 2169. Repealed.
2170. Authority to review certain mergers, acquisitions, and
takeovers.
(a) Investigations.
(b) Mandatory investigations.
(c) Confidentiality of information.
(d) Action by the President.
(e) Findings of the President.
(f) Factors to be considered.
(g) Report to the Congress.
(h) Regulations.
(i) Effect on other law.
(j) Technology risk assessments.
(k) Quadrennial report.
2170a. Prohibition on purchase of United States defense
contractors by entities controlled by foreign
governments.
(a) In general.
(b) Inapplicability to certain cases.
(c) Definitions.
2170b. Reports on foreign industrial espionage.
(a) In general.
(b) Annual update.
(c) Form of reports.
(d) Omitted.
(e) Definition.
2171. Defense industrial base information system.
(a) Establishment required.
(b) Sources of information.
(c) Strategic plan for developing comprehensive
system.
(d) Capabilities of system.
(e) Report on subcontractor and supplier base.
AMENDMENTS
1952 - Act June 30, 1952, ch. 530, title I, Sec. 116(a), 66 Stat.
305, struck out "CONSUMER AND" in title VI heading.
1951 - Act July 31, 1951, ch. 275, title I, Sec. 107, 65 Stat.
138, amended heading of title II by inserting "AND CONDEMN".
TERMINATION DATE
For termination of certain provisions of act Sept. 8, 1950, see
section 2166 of this Appendix.
-SECREF-
ACT REFERRED TO IN OTHER SECTIONS
This Act is referred to in sections 2182, 2183 of this Appendix;
title 30 section 1604; title 42 sections 1591a, 1593e, 5195a.
-End-
-CITE-
50 USC APPENDIX Sec. 2061 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
-HEAD-
Sec. 2061. Short title
-STATUTE-
This Act [sections 2061 to 2171 of this Appendix], divided into
titles, may be cited as "the Defense Production Act of 1950".
-SOURCE-
(Sept. 8, 1950, ch. 932, Sec. 1, 64 Stat. 798.)
-MISC1-
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-47, Sec. 1, Oct. 5, 2001, 115 Stat. 260, provided
that: "This Act [amending sections 2091, 2093, 2094, 2099, 2161,
and 2166 of this Appendix] may be cited as the 'Defense Production
Act Amendments of 2001'."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-64, Sec. 1, Dec. 18, 1995, 109 Stat. 689, provided
that: "This Act [amending sections 2161 and 2166 of this Appendix
and enacting provisions set out as a note under section 2062 of
this Appendix] may be cited as the 'Defense Production Act
Amendments of 1995'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-558, Sec. 1(a), Oct. 28, 1992, 106 Stat. 4198,
provided that: "This Act [enacting sections 2074, 2077, 2078,
2099a, and 2171 of this Appendix, amending sections 2062, 2091 to
2094, 2097, 2099, 2151 to 2155, 2159 to 2161, 2166, and 2170 of
this Appendix, sections 1815, 1817, 1818, 1820, 1834, 1834a, and
3104 of Title 12, Banks and Banking, and section 1143 of Title 30,
Mineral Lands and Mining, repealing sections 2162, 2165, 2167, and
2169 of this Appendix, enacting provisions set out as notes under
sections 2062, 2099, and 2159 of this Appendix and sections 1815,
1817, 1834, 1834a, and 3104 of Title 12, and repealing provisions
set out as notes under sections 1817, 1834, and 1834a of Title 12]
may be cited as the 'Defense Production Act Amendments of 1992'."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-99, Sec. 1, Aug. 17, 1991, 105 Stat. 487, provided
that: "This Act [amending sections 2071, 2158, 2161, and 2166 of
this Appendix, repealing section 2158a of this Appendix, and
enacting provisions set out as a note under section 2071 of this
Appendix] may be cited as the 'Defense Production Act Extension and
Amendments of 1991'."
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-441, Sec. 1, Oct. 3, 1986, 100 Stat. 1117, provided
that: "This Act [amending sections 2099, 2161, and 2166 of this
Appendix and provisions set out as a note under section 5314 of
Title 5, Government Organization and Employees] may be cited as the
'Defense Production Act Amendments of 1986'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-265, Sec. 1, Apr. 17, 1984, 98 Stat. 149, provided
that: "This Act [enacting section 2099 of this Appendix and
amending sections 2091, 2092, 2093, 2161, and 2166 of this
Appendix] may be cited as the 'Defense Production Act Amendments of
1984'."
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96-294, title I, part A (Secs. 101-107), Sec. 101, June
30, 1980, 94 Stat. 617, provided that: "This part [enacting
sections 2075, 2076, and 2095 to 2098 of this Appendix, amending
sections 2062, 2091 to 2093, 2151, 2161, and 2166 of this Appendix,
and enacting a provision set out as a note under section 2062 of
this Appendix] may be cited as the 'Defense Production Act
Amendments of 1980'."
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95-37, Sec. 1, June 1, 1977, 91 Stat. 178, provided:
"That this Act [amending section 2166 of this Appendix] may be
cited as the 'Defense Production Act Extension Amendments of
1977'."
SHORT TITLE OF 1975 AMENDMENT
Pub. L. 94-152, Sec. 1, Dec. 16, 1975, 89 Stat. 810, provided:
"That this Act [enacting section 2158a of this Appendix, amending
sections 2158, 2160, 2162, 2166, 2168, and 2169 of this Appendix,
and enacting provisions set out as notes under section 2158 of this
Appendix] may be cited as the 'Defense Production Act Amendments of
1975'."
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-426, Sec. 1, Sept. 30, 1974, 88 Stat. 1166, provided:
"That this Act [enacting section 2169 of this Appendix and amending
sections 2094, 2161, and 2166 of this Appendix] may be cited as the
'Defense Production Act Amendments of 1974'."
SHORT TITLE OF 1955 AMENDMENT
Act Aug. 9, 1955, ch. 655, Sec. 1, 69 Stat. 580, provided: "That
this Act [amending sections 2062, 2093, 2151, 2158, 2160, 2162, and
2166 of this Appendix and enacting provisions set out as notes
under section 2062 of this Appendix] may be cited as the 'Defense
Production Act Amendments of 1955'."
SHORT TITLE OF 1953 AMENDMENT
Act June 30, 1953, ch. 171, Sec. 1, 67 Stat. 129, provided: "That
this Act [amending sections 2062, 2071, 2091, 2093, 2151, 2152,
2155, 2163a, and 2166 of this Appendix] may be cited as the
'Defense Production Act Amendments of 1953'."
SHORT TITLE OF 1952 AMENDMENT
Act June 30, 1952, ch. 530, Sec. 1, 66 Stat. 296, provided: "That
this Act [enacting sections 1894a, 2111, 2112, and 2137 of this
Appendix and section 43a of Title 41, Public Contracts, and
amending sections 1884, 1894, 1894a, 2071, 2074, 2092, 2102, 2103,
2107, 2108, 2123, 2155, 2157, 2158, 2162, 2163a, and 2166 of this
Appendix and sections 44 and 45 of Title 41] may be cited as the
'Defense Production Act Amendments of 1952'."
SHORT TITLE OF 1951 AMENDMENT
Act July 31, 1951, ch. 275, Sec. 1, 65 Stat. 131, provided: "That
this Act [amending sections 1884, 1892 to 1896, 1898, 1899, 2071,
2072, 2074, 2081, 2093, 2094, 2102, 2103, 2105, 2109, 2122, 2123,
2131, 2133, 2135, 2151, 2153 to 2156, 2160, and 2163a to 2166 of
this Appendix, repealing section 694f of former Title 38, Pensions,
Bonuses, and Veterans' Relief, and enacting provisions set out as a
note under section 1907 of this Appendix] may be cited as the
'Defense Production Act Amendments of 1951'."
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. of this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June
25, 1974, 39 F.R. 23185, set out as a note under section 761 of
Title 15, Commerce and Trade.
For delegation of certain authority of President under act Sept.
8, 1950 [section 2061 et seq. of this Appendix] relating to
national defense industrial resource preparedness and statement of
related policy, see Ex. Ord. No. 12919, June 3, 1994, 59 F.R.
29525, set out as a note under section 2153 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2062 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
-HEAD-
Sec. 2062. Declaration of policy
-STATUTE-
(a) Findings
The Congress finds that -
(1) the vitality of the industrial and technology base of the
United States is a foundation of national security that provides
the industrial and technological capabilities employed to meet
national defense requirements, in peacetime and in time of
national emergency;
(2) in peacetime, the health of the industrial and
technological base contributes to the technological superiority
of United States defense equipment, which is a cornerstone of the
national security strategy, and the efficiency with which defense
equipment is developed and produced;
(3) in times of crisis, a healthy industrial base will be able
to effectively provide the graduated response needed to
effectively meet the demands of the emergency;
(4) in view of continuing international problems, the Nation's
demonstrated reliance on imports of materials and components, and
the need for measures to reduce defense production lead times and
bottlenecks, and in order to provide for the national defense and
national security, the United States defense mobilization
preparedness effort continues to require the development of -
(A) preparedness programs;
(B) domestic defense industrial base improvement measures;
(C) provisions for a graduated response to any threatening
international or military situation;
(D) the expansion of domestic productive capacity beyond the
levels needed to meet the civilian demand; and
(E) some diversion of certain materials and facilities from
civilian use to military and related purposes.(!1)
(5) to meet the requirements referred to in this subsection,
this Act [sections 2061 to 2171 of this Appendix] affords to the
President an array of authorities to shape defense preparedness
programs and to take appropriate steps to maintain and enhance
the defense industrial and technological base;
(6) the activities referred to in this subsection are needed in
order to -
(A) improve domestic defense industrial base efficiency and
responsiveness;
(B) reduce the time required for industrial mobilization in
the event of an attack on the United States; or
(C) to respond to actions occurring outside of the United
States which could result in the termination or reduction of
the availability of strategic and critical materials, including
energy, and which could adversely affect the national defense
preparedness of the United States;
(7) in order to ensure national defense preparedness, which is
essential to national security, it is necessary and appropriate
to assure the availability of domestic energy supplies for
national defense needs;
(8) to further assure the adequate maintenance of the defense
industrial base, to the maximum extent possible, such supplies
should be augmented through reliance on renewable fuels,
including solar, geothermal, and wind energy and ethanol and its
derivatives, and on energy conservation measures;
(9) the domestic defense industrial base is a component part of
the core industrial capacity of the Nation;
(10) much of the industrial capacity which is relied upon by
the Federal Government for military production and other
defense-related purposes is deeply and directly influenced by -
(A) the overall competitiveness of the United States
industrial economy; and
(B) the ability of United States industry, in general, to
produce internationally competitive products and operate
profitably while maintaining adequate research and development
to preserve that competitive edge in the future, with respect
to military and civilian production;
(11) the domestic defense industrial base is developing a
growing dependency on foreign sources for critical components and
materials used in manufacturing and assembling major weapons
systems for the national defense;
(12) such dependence is threatening the capability of many
critical industries to respond rapidly to defense production
needs in the event of war or other hostilities or diplomatic
confrontation; and
(13) the inability of United States industry, especially
smaller subcontractors and suppliers, to provide vital parts and
components and other materials would impair our ability to
sustain United States Armed Forces in combat for longer than a
short period.
(b) Statement of policy
It is the policy of the United States that -
(1) in order to ensure productive capacity in the event of an
attack on the United States, the United States should encourage
the geographic dispersal of industrial facilities in the United
States to discourage the concentration of such productive
facilities within limited geographic areas which are vulnerable
to attack by an enemy of the United States;
(2) to ensure that essential mobilization requirements are met,
consideration should also be given to stockpiling strategic
materials to the extent that such stockpiling is economical and
feasible;
(3) in the construction of any Government-owned industrial
facility, in the rendition of any Government financial assistance
for the construction, expansion, or improvement of any industrial
facility, and in the production of goods and services, under this
or any other Act, each department and agency of the executive
branch should apply, under the coordination of the Federal
Emergency Management Agency, when practicable and consistent with
existing law and the desirability for maintaining a sound
economy, the principle of the geographic dispersal of such
facilities in the interest of national defense, except that
nothing in this paragraph shall preclude the use of existing
industrial facilities;
(4) to ensure the adequacy of productive capacity and supply,
executive agencies and departments responsible for defense
acquisition should continuously assess the capability of the
domestic defense industrial base to satisfy peacetime
requirements as well as increased mobilization production
requirements, specifically evaluating the availability of
adequate production sources, including subcontractors and
suppliers, materials, skilled labor, and professional and
technical personnel;
(5) every effort should be made to foster cooperation between
the defense and commercial sectors for research and development
and for acquisition of materials, components, and equipment; and
(6) plans and programs to carry out this section shall be
undertaken with due consideration for promoting efficiency and
competition.
-SOURCE-
(Sept. 8, 1950, ch. 932, Sec. 2, 64 Stat. 798; June 30, 1953, ch.
171, Sec. 2, 67 Stat. 129; Aug. 9, 1955, ch. 655, Sec. 2, 69 Stat.
580; June 29, 1956, ch. 474, Sec. 4, 70 Stat. 408; Pub. L. 96-294,
title I, Sec. 102, June 30, 1980, 94 Stat. 617; Pub. L. 102-558,
title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4199.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(5) and (b)(3), means act
Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, known as the
Defense Production Act of 1950, which is classified to sections
2061 to 2171 of this Appendix. For complete classification of this
Act to the Code, see section 2061 of this Appendix and Tables.
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-558 amended section generally, substituting
provisions relating to findings and statement of policy, for
provisions stating that mobilization effort continued to require
diversion of materials and facilities from civilian to military
use, and to require development of preparedness programs and
expansion of productive capacity and supply, in order to reduce
time required for full mobilization in case of attack on the United
States or to respond to actions occurring outside the United States
resulting in termination or reduction of availability of strategic
materials, including energy, and provisions stating policy of
Congress was to encourage geographical dispersal of industrial
facilities, and requiring executive branch departments and agencies
to apply principle of geographical dispersal in construction of
such facilities.
1980 - Pub. L. 96-294 inserted provisions relating to
preparedness respecting termination or reduction in availability of
strategic and critical materials, including energy, and domestic
energy supplies for national defense needs.
1956 - Act June 29, 1956, inserted paragraph relating to
encouragement of the geographical dispersal of the industrial
facilities of the United States.
1955 - Act Aug. 9, 1955, provided that mobilization effort
requires development of preparedness programs and expansion of
productive capacity and supply in order to reduce time required for
full mobilization.
1953 - Act June 30, 1953, amended section generally to make it
conform to the more limited scope of sections 2061 et seq. of this
Appendix.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 304 of Pub. L. 102-558 provided that: "This Act [enacting
sections 2074, 2077, 2078, 2099a, and 2171 of this Appendix,
amending sections 2062, 2091 to 2094, 2097, 2099, 2151 to 2155,
2159 to 2161, 2166, and 2170 of this Appendix, sections 1815, 1817,
1818, 1820, 1834, 1834a, and 3104 of Title 12, Banks and Banking,
and section 1143 of Title 30, Mineral Lands and Mining, repealing
sections 2162, 2165, 2167, and 2169 of this Appendix, enacting
provisions set out as notes under sections 2062, 2099, and 2159 of
this Appendix and sections 1815, 1817, 1834, 1834a, and 3104 of
Title 12, and repealing provisions set out as notes under sections
1817, 1834, and 1834a of Title 12] and the amendments made by this
Act shall be deemed to have become effective on March 1, 1992,
except as otherwise specifically provided in this Act."
EFFECTIVE DATE OF 1980 AMENDMENT
Section 107 of Pub. L. 96-294 provided that: "The amendments made
by this part [enacting sections 2075, 2076, and 2095 to 2098 of
this Appendix, amending sections 2062, 2091 to 2093, 2151, 2161,
and 2166 of this Appendix, and enacting a provision set out as a
note under section 2061 of this Appendix] shall take effect on the
date of the enactment of this part [June 30, 1980]."
EFFECTIVE DATE OF 1955 AMENDMENT
Section 11 of act Aug. 9, 1955, provided that: "The provisions of
this Act [amending sections 2062, 2093, 2151, 2158, 2160, 2162, and
2166 of this Appendix and enacting provisions set out as a note
under this section] shall take effect as of the close of July 31,
1955."
TERMINATION DATE
For termination of certain provisions of act Sept. 8, 1950, see
section 2166 of this Appendix.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
-MISC2-
REPORTS TO CONGRESS
Pub. L. 104-64, Sec. 4, Dec. 18, 1995, 109 Stat. 689, directed
the President to prepare and transmit to Congress an interim
report, not later than Jan. 31, 1997, and a final report, not later
than Sept. 30, 1997, on proposed legislative modernization of the
authorities contained in the Defense Production Act of 1950,
section 2061 et seq. of this Appendix.
EVALUATION OF DOMESTIC DEFENSE INDUSTRIAL BASE POLICY
Section 203 of Pub. L. 102-558, established Congressional
Commission on the Evaluation of the Defense Industrial Base Policy
which was to submit, not later than Mar. 1, 1995, a final report to
Congress outlining criteria for maintaining strength of domestic
industrial base for purposes of supporting national security
strategy of United States, taking into consideration, with respect
to each Federal agency and department with any responsibility for
maintaining strength of domestic defense industrial base, adequacy
of statutory framework, budgets, policies, and programs of such
agency or department in maintaining domestic defense industrial
base, and whether such elements were being effectively implemented
and coordinated within such agency or department, as well as degree
to which similar activities in commercial sector were being
integrated and implemented by such agency or department, and
further provided for membership of Commission, as well as staff,
powers, interim reports, appropriations, and termination of
Commission 60 days after submission of final report.
-FOOTNOTE-
(!1) So in original. The period probably should be a semicolon.
-End-
-CITE-
50 USC APPENDIX TITLE I - PRIORITIES AND
ALLOCATIONS 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
TITLE I - PRIORITIES AND ALLOCATIONS
-SECREF-
TITLE REFERRED TO IN OTHER SECTIONS
This title is referred to in sections 2157, 2166 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2071 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2071. Priority in contracts and orders
-STATUTE-
(a) Allocation of materials, services, and facilities
The President is hereby authorized (1) to require that
performance under contracts or orders (other than contracts of
employment) which he deems necessary or appropriate to promote the
national defense shall take priority over performance under any
other contract or order, and, for the purpose of assuring such
priority, to require acceptance and performance of such contracts
or orders in preference to other contracts or orders by any person
he finds to be capable of their performance, and (2) to allocate
materials, services, and facilities in such manner, upon such
conditions, and to such extent as he shall deem necessary or
appropriate to promote the national defense.
(b) Critical and strategic materials
The powers granted in this section shall not be used to control
the general distribution of any material in the civilian market
unless the President finds (1) that such material is a scarce and
critical material essential to the national defense, and (2) that
the requirements of the national defense for such material cannot
otherwise be met without creating a significant dislocation of the
normal distribution of such material in the civilian market to such
a degree as to create appreciable hardship.
(c) Domestic energy; materials, equipment, and services
(1) Notwithstanding any other provision of this Act [sections
2061 to 2171 of this Appendix], the President may, by rule or
order, require the allocation of, or the priority performance under
contracts or orders (other than contracts of employment) relating
to, materials, equipment, and services in order to maximize
domestic energy supplies if he makes the findings required by
paragraph (3) of this subsection.
(2) The authority granted by this subsection may not be used to
require priority performance of contracts or orders, or to control
the distribution of any supplies of materials, services, and
facilities in the marketplace, unless the President finds that -
(A) such materials, services, and facilities are scarce,
critical, and essential -
(i) to maintain or expand exploration, production, refining,
transportation;
(ii) to conserve energy supplies; or
(iii) to construct or maintain energy facilities; and
(B) maintenance or expansion of exploration, production,
refining, transportation, or conservation of energy supplies or
the construction and maintenance of energy facilities cannot
reasonably be accomplished without exercising the authority
specified in paragraph (1) of this subsection.
(3) During any period when the authority conferred by this
subsection is being exercised, the President shall take such action
as may be appropriate to assure that such authority is being
exercised in a manner which assures the coordinated administration
of such authority with any priorities or allocations established
under subsection (a) of this section and in effect during the same
period.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 101, 64 Stat. 799; July 31,
1951, ch. 275, title I, Sec. 101(a), 65 Stat. 132; June 30, 1952,
ch. 530, title I, Secs. 101, 102, 66 Stat. 296; June 30, 1953, ch.
171, Sec. 3, 67 Stat. 129; Pub. L. 94-163, title I, Sec. 104(a),
Dec. 22, 1975, 89 Stat. 878; Pub. L. 102-99, Sec. 6, Aug. 17, 1991,
105 Stat. 490.)
-MISC1-
AMENDMENTS
1991 - Subsec. (a)(2). Pub. L. 102-99, Sec. 6(1), substituted
"materials, services, and facilities" for "materials and
facilities".
Subsec. (c)(1). Pub. L. 102-99, Sec. 6(2), substituted
"materials, equipment, and services" for "supplies of materials and
equipment".
Subsec. (c)(2) to (4). Pub. L. 102-99, Sec. 6(3), (4), added par.
(2), redesignated par. (4) as (3), and struck out former pars. (2)
and (3) which read as follows:
"(2) The President shall report to the Congress within sixty days
after the date of enactment of this subsection on the manner in
which the authority contained in paragraph (1) will be
administered. This report shall include the manner in which
allocations will be made, the procedure for requests and appeals,
the criteria for determining priorities as between competing
requests, and the office or agency which will administer such
authorities.
"(3) The authority granted in this subsection may not be used to
require priority performance of contracts or orders, or to control
the distribution of any supplies of materials and equipment in the
marketplace, unless the President finds that -
"(A) such supplies are scarce, critical, and essential to
maintain or further (i) exploration, production, refining,
transportation, or (ii) the conservation of energy supplies, or
(iii) for the construction and maintenance of energy facilities;
and
"(B) maintenance or furtherance of exploration, production,
refining, transportation, or conservation of energy supplies or
the construction and maintenance of energy facilities cannot
reasonably be accomplished without exercising the authority
specified in paragraph (1) of this subsection."
1975 - Subsec. (c). Pub. L. 94-163 added subsec. (c).
1953 - Subsec. (a). Act June 30, 1953, struck out provisions
which related to slaughtering of livestock and allocation of meat
and meat products.
Subsec. (b). Act June 30, 1953, retained priorities and
allocation authority for defense production but generally to
discontinue such authority with respect to the civilian market
except in the special cases where, because of shortages and demands
of the defense effort, there otherwise would be a significant
dislocation in the civilian market resulting in appreciable
hardship.
1952 - Act June 30, 1952, redesignated existing provisions as
subsec. (a), inserted provisions relating to meat and meat
products, and added subsec. (b).
1951 - Act July 31, 1951, inserted provision relating to
slaughtering of livestock.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 7 of Pub. L. 102-99 provided that: "This Act [amending
this section and sections 2158, 2161, and 2166 of this Appendix,
repealing section 2158a of this Appendix, and enacting provisions
set out as a note under section 2061 of this Appendix] shall take
effect on October 20, 1990."
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,
1974, 39 F.R. 23185, set out as a note under section 761 of Title
15, Commerce and Trade.
For delegation of certain authority of President under this
section, see sections 201 to 203 of Ex. Ord. No. 12919, June 3,
1994, 59 F.R. 29526, 29527, set out as a note under section 2153 of
this Appendix.
-MISC2-
PRESIDENTIAL AUTHORITY TO ISSUE ORDERS RELATING TO DOMESTIC ENERGY
SUPPLIES
Pub. L. 94-163, title I, Sec. 104(b), Dec. 22, 1975, 89 Stat.
879, as amended by Pub. L. 99-58, title I, Sec. 101(b), July 2,
1985, 99 Stat. 102; Pub. L. 101-46, Sec. 1(2), June 30, 1989, 103
Stat. 132; Pub. L. 101-262, Sec. 2(a), Mar. 31, 1990, 104 Stat.
124; Pub. L. 101-360, Sec. 2(a), Aug. 10, 1990, 104 Stat. 421; Pub.
L. 101-383, Sec. 2(1), Sept. 15, 1990, 104 Stat. 727; Pub. L.
105-388, Sec. 6, Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106-469,
title I, Sec. 103(2), Nov. 9, 2000, 114 Stat. 2029, provided that:
"The expiration of the Defense Production Act of 1950 [section 2061
et seq. of this Appendix] or any amendment of such Act after the
date of enactment of this Act [Dec. 22, 1975] shall not affect the
authority of the President under section 101(c) of such Act
[subsec. (c) of this section], as amended by subsection (a) of this
section and in effect on the date of enactment of this Act, unless
Congress by law expressly provides to the contrary."
-EXEC-
EXECUTIVE ORDER NO. 10161
Ex. Ord. No. 10161, Sept. 9, 1950, 15 F.R. 6105, as amended by
Ex. Ord. No. 10200, Jan. 3, 1951, 16 F.R. 61; Ex. Ord. No. 10233,
Apr. 23, 1951, 16 F.R. 3503; Ex. Ord. No. 10281, Aug. 28, 1951, 16
F.R. 8789; Ex. Ord. No. 10301, Nov. 5, 1951, 16 F.R. 11257; Ex.
Ord. No. 10324, Feb. 6, 1952, 17 F.R. 1171; Ex. Ord. No. 10359,
June 9, 1952, 17 F.R. 5269; Ex. Ord. No. 10373, July 15, 1952, 17
F.R. 6425; Ex. Ord. No. 10377, July 28, 1952, 17 F.R. 6891; Ex.
Ord. No. 10390, Sept. 2, 1952, 17 F.R. 7995; and Ex. Ord. No.
10433, Feb. 4, 1953, 18 F.R. 761, which related to delegation of
President's functions, was revoked by Ex. Ord. No. 10480, Aug. 18,
1953, 18 F.R. 4939, formerly set out under section 2153 of this
Appendix.
ABOLITION OF WAGE STABILIZATION BOARD AND CREATION OF NEW BOARD
Wage Stabilization Board created by Ex. Ord. No. 10161, eff.
Sept. 9, 1950, 15 F.R. 6105, as amended, abolished by section
2103(b)(6) of this Appendix. A new Wage Stabilization Board was
created by section 2103(b)(1), which terminated according to
section 2166 of this Appendix Apr. 30, 1953.
POWERS OF SECRETARY OF COMMERCE UNDER EX. ORD. NO. 10161
The Secretary of Commerce by F.R. Doc. 50-8068, filed Sept. 13,
1950, 15 F.R. 6182, established the National Production Authority
in the Department of Commerce to perform the functions and exercise
the powers vested in the Secretary of Commerce by Ex. Ord. No.
10161, and established the Advisory Committee on Priorities
Administration which was to serve in an advisory capacity with
respect to policy matters. The National Production Authority was
abolished and its functions merged into the Business and Defense
Services Administration by Secretary of Commerce order, dated Oct.
1, 1953, which in turn was abolished by Department Organization
Order 40-1A of Sept. 15, 1970 and its functions transferred to the
Bureau of Domestic Commerce. All functions of the Bureau of
Domestic Commerce were transferred by the Secretary of Commerce to
the Domestic and International Business Administration, within the
Department of Commerce, eff. Nov. 17, 1972.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2072, 2095, 2096, 2151,
2157 of this Appendix; title 10 sections 9511, 9512.
-End-
-CITE-
50 USC APPENDIX Sec. 2072 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2072. Hoarding of designated scarce materials
-STATUTE-
In order to prevent hoarding, no person shall accumulate (1) in
excess of the reasonable demands of business, personal, or home
consumption, or (2) for the purpose of resale at prices in excess
of prevailing market prices, materials which have been designated
by the President as scarce materials or materials the supply of
which would be threatened by such accumulation. The President shall
order published in the Federal Register, and in such other manner
as he may deem appropriate, every designation of materials the
accumulation of which is unlawful and any withdrawal of such
designation.
In making such designations the President may prescribe such
conditions with respect to the accumulation of materials in excess
of the reasonable demands of business, personal, or home
consumption as he deems necessary to carry out the objectives of
this Act [sections 2061 to 2171 of this Appendix]. This section
shall not be construed to limit the authority contained in sections
101 and 704 of this Act [sections 2071 and 2154 of this Appendix].
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 102, 64 Stat. 799; July 31,
1951, ch. 275, title I, Sec. 101(b), 65 Stat. 132.)
-MISC1-
AMENDMENTS
1951 - Act July 31, 1951, authorized President to prescribe
conditions and exceptions allowing maintenance of substantial
inventories of critical materials in certain cases.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. of this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,
1974, 39 F.R. 23185, set out as a note under section 761 of Title
15, Commerce and Trade.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2157, 2166 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2073 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2073. Penalties
-STATUTE-
Any person who willfully performs any act prohibited, or
willfully fails to perform any act required, by the provisions of
this title [sections 2071 to 2078 of this Appendix] or any rule,
regulation, or order thereunder, shall, upon conviction, be fined
not more than $10,000 or imprisoned for not more than one year, or
both.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 103, 64 Stat. 799.)
-MISC1-
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2157 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2074 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2074. Limitation on actions without Congressional
authorization
-STATUTE-
(a) Wage or price controls
No provision of this Act [sections 2061 to 2171 of this Appendix]
shall be interpreted as providing for the imposition of wage or
price controls without the prior authorization of such action by a
joint resolution of Congress.
(b) Chemical or biological weapons
No provision of title I of this Act [sections 2071 to 2078 of
this Appendix] shall be exercised or interpreted to require action
or compliance by any private person to assist in any way in the
production of or other involvement in chemical or biological
warfare capabilities, unless authorized by the President (or the
President's designee who is serving in a position at level I of the
Executive Schedule in accordance with section 5312 of title 5,
United States Code) without further redelegation.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 104, as added Pub. L.
102-558, title I, Sec. 112, Oct. 28, 1992, 106 Stat. 4202.)
-MISC1-
PRIOR PROVISIONS
A prior section 2074, act Sept. 8, 1950, ch. 932, title I, Sec.
104, as added July 31, 1951, ch. 275, title I, Sec. 101(c), 65
Stat. 132; amended June 30, 1952, ch. 530, Sec. 103, 66 Stat. 297,
which related to limitations on imports of fats and oils,
terminated at close of June 30, 1953, by terms of section 2166(a)
of this Appendix.
EFFECTIVE DATE
Section deemed to have become effective Mar. 1, 1992, see section
304 of Pub. L. 102-558, set out as an Effective Date of 1992
Amendment note under section 2062 of this Appendix.
-TRANS-
DELEGATION OF AUTHORITY
Authority of President under subsec. (b) of this section
delegated to Secretary of Defense by section 204 of Ex. Ord. No.
12919, June 3, 1994, 59 F.R. 29527, set out as a note under section
2153 of this Appendix.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2166 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2075 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2075. Presidential power to ration gasoline among classes of
end-users unaffected
-STATUTE-
Nothing in this Act [sections 2061 to 2171 of this Appendix]
shall be construed to authorize the President to institute, without
the approval of the Congress, a program for the rationing of
gasoline among classes of end-users.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 105, as added Pub. L.
96-294, title I, Sec. 103, June 30, 1980, 94 Stat. 617.)
-MISC1-
EFFECTIVE DATE
Section effective June 30, 1980, see section 107 of Pub. L.
96-294, set out as an Effective Date of 1980 Amendment note under
section 2062 of this Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2076 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2076. Designation of energy as a strategic and critical
material
-STATUTE-
For purposes of this Act [sections 2061 to 2171 of this
Appendix], "energy" shall be designated as a "strategic and
critical material" after the date of the enactment of this section
[June 30, 1980]: Provided, That no provision of this Act [sections
2061 to 2171 of this Appendix] shall, by virtue of such designation
-
(1) grant any new direct or indirect authority to the President
for the mandatory allocation or pricing of any fuel or feedstock
(including, but not limited to, crude oil, residual fuel oil, any
refined petroleum product, natural gas, or coal) or electricity
or any other form of energy; or
(2) grant any new direct or indirect authority to the President
to engage in the production of energy in any manner whatsoever
(such as oil and gas exploration and development, or any energy
facility construction), except as expressly provided in sections
305 and 306 [sections 2095 and 2096 of this Appendix] for
synthetic fuel production.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 106, as added Pub. L.
96-294, title I, Sec. 103, June 30, 1980, 94 Stat. 617.)
-MISC1-
EFFECTIVE DATE
Section effective June 30, 1980, see section 107 of Pub. L.
96-294, set out as an Effective Date of 1980 Amendment note under
section 2062 of this Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2077 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2077. Strengthening domestic capability
-STATUTE-
(a) In general
Utilizing the authority of title III of this Act [sections 2091
to 2099a of this Appendix] or any other provision of law, the
President may provide appropriate incentives to develop, maintain,
modernize, and expand the productive capacities of domestic sources
for critical components, critical technology items, and industrial
resources essential for the execution of the national security
strategy of the United States.
(b) Critical components and critical technology items
(1) Identification
(A) In general
The President, acting through the Secretary of Defense, shall
identify critical components and critical technology items for
each item on the Critical Items List of the Commanders-in-Chief
of the Unified and Specified Commands and other items within
the inventory of weapon systems and defense equipment.
(B) Definition
Any component identified as critical by a National Security
Assessment conducted pursuant to section 113(i) of title 10,
United States Code, or by a Presidential determination as a
result of a petition filed under section 232 of the Trade
Expansion Act of 1962 [19 U.S.C. 1862] shall be designated as a
critical component for purposes of this Act [sections 2061 to
2171 of this Appendix], unless the President determines that
the designation is unwarranted.
(2) Maintenance of reliable sources of supply
The President shall take appropriate actions to assure that
critical components or critical technology items are available
from reliable sources when needed to meet defense requirements
during peacetime, graduated mobilization, and national emergency.
(3) Appropriate action
For purposes of this subsection, appropriate action may include
-
(A) restricting contract solicitations to reliable sources;
(B) restricting contract solicitations to domestic sources
pursuant to -
(i) section 2304(b)(1)(B) or section 2304(c)(3) of title
10, United States Code;
(ii) section 303(b)(1)(B) or section 303(c)(3) of the
Federal Property and Administrative Services Act of 1949 [41
U.S.C. 253(b)(1)(B), (c)(3)]; or
(iii) other statutory authority;
(C) stockpiling critical components; and
(D) developing substitutes for a critical component or a
critical technology item.
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 107, as added Pub. L.
102-558, title I, Sec. 111, Oct. 28, 1992, 106 Stat. 4201.)
-MISC1-
EFFECTIVE DATE
Section deemed to have become effective Mar. 1, 1992, see section
304 of Pub. L. 102-558, set out as an Effective Date of 1992
Amendment note under section 2062 of this Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of the President under act Sept. 8, 1950 [section 2061
et seq. of this Appendix], relating to the production,
conservation, use, control, distribution, and allocation of energy,
delegated to the Secretary of Energy, see section 4 of Ex. Ord. No.
11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under
section 761 of Title 15, Commerce and Trade.
-End-
-CITE-
50 USC APPENDIX Sec. 2078 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE I - PRIORITIES AND ALLOCATIONS
-HEAD-
Sec. 2078. Modernization of small business suppliers
-STATUTE-
(a) In general
In providing any assistance under this Act [sections 2061 to 2171
of this Appendix], the President shall accord a strong preference
for small business concerns which are subcontractors or suppliers,
and, to the maximum extent practicable, to such small business
concerns located in areas of high unemployment or areas that have
demonstrated a continuing pattern of economic decline, as
identified by the Secretary of Labor.
(b) Modernization of equipment
(1) In general
Funds authorized under title III [sections 2091 to 2099a of
this Appendix] may be used to guarantee the purchase or lease of
advance manufacturing equipment, and any related services with
respect to any such equipment for purposes of this Act [sections
2061 to 2171 of this Appendix].
(2) Small business suppliers
In considering proposals for title III [sections 2091 to 2099a
of this Appendix] projects under paragraph (1), the President
shall provide a strong preference for proposals submitted by a
small business supplier or subcontractor whose proposal -
(A) has the support of the department or agency which will
provide the guarantee;
(B) reflects that the small business concern has made
arrangements to obtain qualified outside assistance to support
the effective utilization of the advanced manufacturing
equipment being proposed for installation; and
(C) meets the requirements of section 301, 302, or 303
[section 2091, 2092, or 2093 of this Appendix].
-SOURCE-
(Sept. 8, 1950, ch. 932, title I, Sec. 108, as added Pub. L.
102-558, title I, Sec. 111, Oct. 28, 1992, 106 Stat. 4202.)
-MISC1-
EFFECTIVE DATE
Section deemed to have become effective Mar. 1, 1992, see section
304 of Pub. L. 102-558, set out as an Effective Date of 1992
Amendment note under section 2062 of this Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of the President under act Sept. 8, 1950 [section 2061
et seq. of this Appendix], relating to the production,
conservation, use, control, distribution, and allocation of energy,
delegated to the Secretary of Energy, see section 4 of Ex. Ord. No.
11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under
section 761 of Title 15, Commerce and Trade.
-End-
-CITE-
50 USC APPENDIX TITLE II - AUTHORITY TO
REQUISITION AND CONDEMN 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE II - AUTHORITY TO REQUISITION AND CONDEMN
-HEAD-
TITLE II - AUTHORITY TO REQUISITION AND CONDEMN
-MISC1-
AMENDMENTS
1951 - Act July 31, 1951, ch. 275, title I, Sec. 102(a), 65 Stat.
132, in heading inserted "AND CONDEMN".
-End-
-CITE-
50 USC APPENDIX Sec. 2081 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE II - AUTHORITY TO REQUISITION AND CONDEMN
-HEAD-
Sec. 2081. Omitted
-COD-
CODIFICATION
Section, acts Sept. 8, 1950, ch. 932, title II, Sec. 201, 64
Stat. 799; July 31, 1951, ch. 275, title I, Sec. 102 (b), 65 Stat.
132, which related to requisition of property needed for national
defense, terminated at close of June 30, 1953, by the terms of
section 2166(a) of this Appendix.
-End-
-CITE-
50 USC APPENDIX TITLE III - EXPANSION OF
PRODUCTIVE CAPACITY AND SUPPLY 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
-HEAD-
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
-SECREF-
TITLE REFERRED TO IN OTHER SECTIONS
This title is referred to in sections 2077, 2078, 2161, 2166 of
this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2091 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
-HEAD-
Sec. 2091. Loan guarantees
-STATUTE-
(a) Purpose of loans; guaranteeing agencies; Presidential
determinations
(1) In order to expedite production and deliveries or services
under Government contracts, the President may authorize, subject to
such regulations as he may prescribe, the Department of Defense,
the Department of Energy, the Department of Commerce, and such
other agencies of the United States engaged in procurement for the
national defense as he may designate (hereinafter referred to as
"guaranteeing agencies"), without regard to provisions of law
relating to the making, performance, amendment, or modification of
contracts, to guarantee in whole or in part any public or private
financing institution (including any Federal Reserve bank), by
commitment to purchase, agreement to share losses, or otherwise,
against loss of principal or interest on any loan, discount, or
advance, or on any commitment in connection therewith, which may be
made by such financing institution for the purpose of financing any
contractor, subcontractor, or other person in connection with the
performance of any contract or other operation deemed by the
guaranteeing agency to be necessary to expedite or expand
production and deliveries or services under Government contracts
for the procurement of industrial resources or critical technology
items essential to the national defense, or for the purpose of
financing any contractor, subcontractor, or other person in
connection with or in contemplation of the termination, in the
interest of the United States, of any contract made for the
national defense; but no small-business concern (as defined in
section 702(16) [section 2152(16) of this Appendix]) shall be held
ineligible for the issuance of such a guaranty by reason of
alternative sources of supply.
(2) Except as provided in section 305 [section 2095 of this
Appendix] and section 306 [section 2096 of this Appendix], no
authority contained in sections 301, 302, or 303 [sections 2091,
2092, or 2093 of this Appendix] may be used in any manner -
(A) in the development, production, or distribution of
synthetic fuel;
(B) for any synthetic fuel project;
(C) to assist any person for the purpose of providing goods or
services to a synthetic fuel project; or
(D) to provide any assistance to any person for the purchase of
synthetic fuel.
(3) Except during periods of national emergency declared by the
Congress or the President, a guarantee may be entered into under
this section only if the President determines that -
(A) the guaranteed contract or activity is for industrial
resources or a critical technology item which is essential to the
national defense;
(B) without the guarantee, United States industry cannot
reasonably be expected to provide the needed industrial resources
or critical technology item in a timely manner;
(C) the guarantee is the most cost-effective, expedient, and
practical alternative for meeting the need involved; and
(D) the combination of the United States national defense
demand and foreseeable nondefense demand is not less than the
output of domestic industrial capability, as determined by the
President, including the output to be established through the
guarantee.
(b) Fiscal agents; accountability; reimbursement
Any Federal agency or any Federal Reserve bank, when designated
by the President, is authorized to act, on behalf of any
guaranteeing agency, as fiscal agent of the United States in the
making of such contracts of guarantee and in otherwise carrying out
the purposes of this section. All such funds as may be necessary to
enable any such fiscal agent to carry out any guarantee made by it
on behalf of any guaranteeing agency shall be supplied and
disbursed by or under authority from such guaranteeing agency. No
such fiscal agent shall have any responsibility or accountability
except as agent in taking any action pursuant to or under authority
of the provisions of this section. Each such fiscal agent shall be
reimbursed by each guaranteeing agency for all expenses and losses
incurred by such fiscal agent in acting as agent on behalf of such
guaranteeing agency, including among such expenses, notwithstanding
any other provision of law, attorneys' fees and expenses of
litigation.
(c) Supervision; interest, fees, procedures
All actions and operations of such fiscal agents under authority
of or pursuant to this section shall be subject to the supervision
of the President, and to such regulations as he may prescribe; and
the President is authorized to prescribe, either specifically or by
maximum limits or otherwise, rates of interest, guarantee and
commitment fees, and other charges which may be made in connection
with loans, discounts, advances, or commitments guaranteed by the
guaranteeing agencies through such fiscal agents, and to prescribe
regulations governing the forms and procedures (which shall be
uniform to the extent practicable) to be utilized in connection
with such guarantees.
(d) Funds available for guarantees
Each guaranteeing agency is authorized to use for the purposes of
this section any funds which have heretofore been appropriated or
allocated or which hereafter may be appropriated or allocated to
it, or which are or may become available to it, for such purposes
or for the purpose of meeting the necessities of the national
defense.
(e) Identification of industrial resource or critical technology
item shortfall; prevention of personal financial insolvency or
bankruptcy
(1)(A) Except as provided in subparagraph (D), a guarantee may be
made under this section only if the industrial resource or critical
technology item shortfall which such guarantee is intended to
correct has been identified in the Budget of the United States, or
amendments thereto, submitted to the Congress, accompanied by a
statement from the President demonstrating that the budget
submission is in accordance with the provisions of subsection
(a)(3) of this section.
(B) Any such guarantee may be made only after 60 days have
elapsed after such industrial resource or critical technology item
shortfall has been identified pursuant to subparagraph (A).
(C) If the making of any guarantee or guarantees to correct an
industrial resource or critical technology item shortfall would
cause the aggregate outstanding amount of all guarantees for such
industrial resource or critical technology item shortfall to exceed
$50,000,000, any such guarantee or guarantees may be made only if
specifically authorized by law.
(D) The requirements of subparagraphs (A), (B), and (C) may be
waived -
(i) during periods of national emergency declared by the
Congress or the President; or
(ii) upon a determination by the President, on a nondelegable
basis, that a specific guarantee is necessary to avert an
industrial resource or critical technology item shortfall that
would severely impair national defense capability.
(2) The authority conferred by this section shall not be used
primarily to prevent the financial insolvency or bankruptcy of any
person, unless
(A) the President certifies that the insolvency or bankruptcy
would have a direct and substantially adverse effect upon defense
production; and
(B) a copy of such certification, together with a detailed
justification thereof, is transmitted to the Congress and to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives at least ten days prior to the exercise of that
authority for such use.
-SOURCE-
(Sept. 8, 1950, ch. 932, title III, Sec. 301, 64 Stat. 800; June
30, 1953, ch. 171, Sec. 4, 67 Stat. 129; Pub. L. 91-379, title I,
Sec. 104, Aug. 15, 1970, 84 Stat. 799; Pub. L. 96-294, title I,
Sec. 104(a), (b), June 30, 1980, 94 Stat. 618; Pub. L. 98-265,
Secs. 3(a), 4(a), Apr. 17, 1984, 98 Stat. 149, 150; Pub. L.
102-558, title I, Secs. 121(a), 141, Oct. 28, 1992, 106 Stat. 4203,
4217; Pub. L. 107-47, Sec. 4(1)-(3), (5), Oct. 5, 2001, 115 Stat.
260.)
-MISC1-
AMENDMENTS
2001 - Subsec. (a)(1). Pub. L. 107-47, Sec. 4(1), substituted
"section 702(16)" for "section 714(a)(1) of this Act".
Subsec. (e)(1)(A)-(C). Pub. L. 107-47, Sec. 4(2), substituted
"industrial resource or critical technology item shortfall" for
"industrial resource shortfall" wherever appearing.
Subsec. (e)(1)(D)(ii). Pub. L. 107-47, Sec. 4(3), inserted "item"
after "critical technology".
Subsec. (e)(2)(B). Pub. L. 107-47, Sec. 4(5), substituted
"Committee on Financial Services of the House of Representatives"
for "Committee on Banking, Finance and Urban Affairs of the House
of Representatives".
1992 - Subsec. (a)(1). Pub. L. 102-558, Sec. 121(a)(1),
substituted "to expedite or expand production and deliveries or
services under Government contracts for the procurement of
industrial resources or critical technology items essential to the
national defense" for "to expedite production and deliveries or
services under Government contracts for the procurement of
materials or the performance of services for the national
defense,".
Subsec. (a)(3)(A). Pub. L. 102-558, Sec. 121(a)(2), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "the guaranteed contract or operation is for a material,
or the performance of a service, which is essential to the national
defense;".
Subsec. (a)(3)(B). Pub. L. 102-558, Sec. 121(a)(3), substituted
"without" for "Without" and "the needed industrial resources or
critical technology item" for "the capability for the needed
material or service".
Subsec. (a)(3)(D). Pub. L. 102-558, Sec. 121(a)(4), amended
subpar. (D) generally. Prior to amendment, subpar. (D) read as
follows: "the United States national defense demand is equal to, or
greater than, the output of domestic industrial capability which
the President reasonably determines to be available for national
defense, including the output to be established through the
guarantee."
Subsec. (e)(1)(A). Pub. L. 102-558, Sec. 121(a)(5), substituted
"Except as provided in subparagraph (D)" for "Except during periods
of national emergency declared by the Congress or the President".
Subsec. (e)(1)(C). Pub. L. 102-558, Sec. 121(a)(6), substituted
"$50,000,000" for "$25,000,000".
Subsec. (e)(1)(D). Pub. L. 102-558, Sec. 121(a)(7), added subpar.
(D).
Subsec. (e)(2)(B). Pub. L. 102-558, Sec. 141, substituted "and to
the Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives" for "and to the Committees on Banking and
Currency of the respective Houses".
1984 - Subsec. (a)(3). Pub. L. 98-265, Sec. 3(a), added par. (3).
Subsec. (e)(1). Pub. L. 98-265, Sec. 4(a), substituted provision
that a guarantee be made under this section only if the industrial
resource shortfall which such guarantee is intended to correct is
identified for provision that the maximum obligation under this
section not exceed $38,000,000, but if guarantees exceed such
amount, Congressional committees be notified and no disapproving
resolution be adopted within a 60-day period of continuous session
of Congress, with provision for determination of continuity of
Congressional session for the purpose of computing such 60-day
period.
1980 - Subsec. (a). Pub. L. 96-294, Sec. 104(a), designated
existing provisions as par. (1), substituted references to
Departments of Defense and Energy for references to Departments of
Army, Navy, and Air Force, and added par. (2).
Subsec. (e)(1). Pub. L. 96-294, Sec. 104(b), designated existing
provisions as subpar. (A), substituted "Except as provided in
subparagraph (B)" for "Except with the approval of Congress" and
"$38,000,000" for "$20,000,000", and added subpar. (B).
1970 - Subsec. (e). Pub. L. 91-379 added subsec. (e).
1953 - Subsec. (a). Act June 30, 1953, made it clear that
Government guaranties of credit may be made under this section in
connection with the termination of Government contracts, and to
provide that no small-business concern shall be denied a guaranty
merely because an alternative source of supply exists for the item
to be procured on the Government contract involved.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-558 deemed to have become effective Mar.
1, 1992, see section 304 of Pub. L. 102-558, set out as a note
under section 2062 of this Appendix.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-294 effective June 30, 1980, see section
107 of Pub. L. 96-294, set out as a note under section 2062 of this
Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
TRANSFER OF FUNCTIONS
Act July 30, 1953, ch. 282, title I, Sec. 107(a)(2), (b), 67
Stat. 273, required President to transfer functions, powers,
duties, and authority of Reconstruction Finance Corporation under
sections 2091 to 2094 of this Appendix within sixty days after July
30, 1953, and provided that all assets, funds, contracts, loans,
liabilities, commitments, authorizations, allocations, personnel,
and records of Corporation, which Director of Bureau of the Budget
[now Office of Management and Budget], determined necessary to
performance of such functions were to be transferred to officer or
agency of Government to which such functions were transferred.
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. of this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June
25, 1974, 39 F.R. 23185, set out as a note under section 761 of
Title 15, Commerce and Trade.
-EXEC-
EXECUTIVE ORDER NO. 10223
Ex. Ord. No. 10223, Mar. 12, 1951, 16 F.R. 2247, providing for
the performance of certain functions under act Sept. 8, 1950, was
revoked by section 404 of Ex. Ord. No. 10281, Aug. 28, 1951, 16
F.R. 8789.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2078, 2095, 2096 of this
Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2092 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
-HEAD-
Sec. 2092. Loans to private business enterprises
-STATUTE-
(a) Purposes
To expedite production and deliveries or services to aid in
carrying out Government contracts for the procurement of industrial
resources or a critical technology item for the national defense,
the President may make provision for loans (including
participations in, or guarantees of, loan) to private business
enterprises (including research corporations not organized for
profit) for the expansion of capacity, the development of
technological processes, or the production of essential materials,
including the exploration, development, and mining of strategic and
critical metals and minerals, and manufacture of newsprint.
(b) Terms and conditions; Presidential determinations
Such loans may be made without regard to the limitations of
existing law and on such terms and conditions as the President
deems necessary, except that -
(1) financial assistance may be extended only to the extent
that it is not otherwise available on reasonable terms; and
(2) except during periods of national emergency declared by the
Congress or the President, no such loan may be made unless the
President determines that -
(A) the loan is for the expansion of capacity, the
development of a technological process, or the production of
materials essential to the national defense;
(B) without the loan, United States industry cannot
reasonably be expected to provide the needed capacity,
technological processes, or materials in a timely manner;
(C) the loan is the most cost-effective, expedient, and
practical alternative method for meeting the need; and
(D) the combination of the United States national defense
demand and foreseeable nondefense demand is not less than the
output of domestic industrial capability, as determined by the
President, including the output to be established through the
loan.
(c) Identification of industrial resource shortfall
(1) Except as provided in paragraph (4), no loans may be made
under this section, unless the industrial resource shortfall which
such loan is intended to correct has been identified in the Budget
of the United States, or amendments thereto, submitted to the
Congress, accompanied by a statement from the President
demonstrating that the budget submission is in accordance with the
provisions of subsection (b)(2) of this section.
(2) Any such loan may be made only after 60 days have elapsed
after such industrial resource shortfall has been identified
pursuant to paragraph (1).
(3) If the making of any loan or loans to correct an industrial
resource shortfall would cause the aggregate outstanding amount of
all loans for such industrial resource shortfall to exceed
$50,000,000, any such loan or loans may be made only if
specifically authorized by law.
(4) The requirements of paragraphs (1), (2), and (3) may be
waived -
(A) during periods of national emergency declared by the
Congress or the President; and
(B) upon a determination by the President, on a nondelegable
basis, that a specific guarantee is necessary to avert an
industrial resource or critical technology shortfall that would
severely impair national defense capability.
-SOURCE-
(Sept. 8, 1950, ch. 932, title III, Sec. 302, 64 Stat. 801; June
30, 1952, ch. 530, title I, Sec. 104, 66 Stat. 298; Pub. L. 93-155,
title VIII, Sec. 807(b), Nov. 16, 1973, 87 Stat. 615; Pub. L.
96-294, title I, Sec. 104(c), June 30, 1980, 94 Stat. 618; Pub. L.
98-265, Secs. 3(b), 4(b), Apr. 17, 1984, 98 Stat. 149, 151; Pub. L.
102-558, title I, Sec. 121(b), Oct. 28, 1992, 106 Stat. 4204.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-558, Sec. 121(b)(1), substituted
"for the procurement of industrial resources or a critical
technology item for the national defense" for "for the procurement
of materials or the performance of services for the national
defense".
Subsec. (b)(2)(D). Pub. L. 102-558, Sec. 121(b)(2), amended
subpar. (D) generally. Prior to amendment, subpar. (D) read as
follows: "the United States national defense demand is equal to, or
greater than, domestic industrial capability which the President
reasonably determines to be available for national defense,
including the output to be established through the loan."
Subsec. (c)(1). Pub. L. 102-558, Sec. 121(b)(3), substituted
"Except as provided in paragraph (4), no loans may be made under
this section" for "No such loan may be made under this section,
except during periods of national emergency declared by the
Congress or the President".
Subsec. (c)(3). Pub. L. 102-558, Sec. 121(b)(4), substituted
"$50,000,000" for "$25,000,000".
Subsec. (c)(4). Pub. L. 102-558, Sec. 121(b)(5), added par. (4).
1984 - Subsec. (a). Pub. L. 98-265, Sec. 3(b), designated
existing provision as subsec. (a) and struck out provision that
loans be made without regard to limitations of existing law on such
terms and conditions as the President deems necessary, except that
financial assistance be extended only to the extent not available
on reasonable terms, and that with respect to loans in excess of
$48,000,000, Congressional committees be notified and no
disapproving resolution be adopted within a 60-day period of
continuous session of Congress, with provision for determining
continuity of Congressional session for the purpose of computing
such 60-day period. See subsec. (b).
Subsec. (b). Pub. L. 98-265, Sec. 3(b)(2), added subsec. (b).
Subsec. (c). Pub. L. 98-265, Sec. 4(b), added subsec. (c).
1980 - Pub. L. 96-294 substituted "$48,000,000" for
"$25,000,000".
1973 - Pub. L. 93-155 provided for notification of Congressional
Committees with respect to certain proposed loans, Congressional
resolution of disapproval, continuity of Congressional sessions,
and computation of period.
1952 - Act June 30, 1952, brought manufacture of newsprint within
its provisions.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-558 deemed to have become effective Mar.
1, 1992, see section 304 of Pub. L. 102-558, set out as a note
under section 2062 of this Appendix.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-294 effective June 30, 1980, see section
107 of Pub. L. 96-294, set out as a note under section 2062 of this
Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. of this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,
1974, 39 F.R. 23185, set out as a note under section 761 of Title
15, Commerce and Trade.
-MISC2-
OBLIGATIONS ENTERED INTO BEFORE NOVEMBER 16, 1973
Amendment by Pub. L. 93-155 not affecting the carrying out of any
contract, loan, guarantee, commitment, or other obligation entered
into prior to Nov. 16, 1973, see section 807(e) of Pub. L. 93-155,
set out as a note under section 2307 of Title 10, Armed Forces.
-EXEC-
EXECUTIVE ORDER NO. 10634
Ex. Ord. No. 10634, Aug. 31, 1955, 20 F.R. 6433, as amended by
Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,
Sept. 6, 1958, 23 F.R. 6971, which related to loans for facilities
destroyed or damaged by major disaster, was revoked by section
5-106 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out
as a note under section 5195 of Title 42, The Public Health and
Welfare.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2078, 2091, 2095, 2096,
2161 of this Appendix.
-End-
-CITE-
50 USC APPENDIX Sec. 2093 01/06/03
-EXPCITE-
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
-HEAD-
Sec. 2093. Purchase of raw materials and installation of equipment
-STATUTE-
(a) Presidential provisions
(1) In general
To assist in carrying out the objectives of this Act [sections
2061 to 2171 of this Appendix], the President may make provision
-
(A) for purchases of or commitments to purchase an industrial
resource or a critical technology item, for Government use or
resale; and
(B) for the encouragement of exploration, development, and
mining of critical and strategic materials, and other
materials.
(2) Treatment of certain agricultural commodities
Purchases for resale under this subsection shall not include
that part of the supply of an agricultural commodity which is
domestically produced, except to the extent that such
domestically produced supply may be purchased for resale for
industrial use or stockpiling.
(3) Terms of sales
No commodity purchased under this subsection shall be sold at
less than -
(A) the established ceiling price for such commodity, except
that minerals, metals, and materials shall not be sold at less
than the established ceiling price, or the current domestic
market price, whichever is lower; or
(B) if no ceiling price has been established, the higher of -
(i) the current domestic market price for such commodity;
or
(ii) the minimum sale price established for agricultural
commodities owned or controlled by the Commodity Credit
Corporation, as provided in section 407 of the Agricultural
Act of 1949 [7 U.S.C. 1427].
(4) Delivery dates
No purchase or commitment to purchase any imported agricultural
commodity shall specify a delivery date which is more than 1 year
after the expiration of this section.
(5) Presidential determinations
Except as provided in paragraph (7), the President may not
execute a contract under this subsection unless the President
determines that -
(A) the industrial resource or critical technology item is
essential to the national defense;
(B) without Presidential action under the authority provided
for in this section, United States industry cannot reasonably
be expected to provide the capability for the needed industrial
resource or critical technology item in a timely manner;
(C) purchases, purchase commitments, or other action pursuant
to this section are the most cost-effective, expedient, and
practical alternative method for meeting the need; and
(D) the combination of the United States national defense
demand and foreseeable nondefense demand for the industrial
resource or critical technology item is not less than the
output of domestic industrial capability, as determined by the
President, including the output to be established through the
purchase, purchase commitment, or other action.
(6) Identification of shortfall
(A) In general
Except as provided in paragraph (7), the President shall take
no action under this section unless the industrial resource
shortfall which such action is intended to correct has been
identified in the Budget of the United States, or amendments
thereto, submitted to the Congress and accompanied by a
statement from the President demonstrating that the budget
submission is in accordance with the provisions of paragraph
(5).
(B) Timing of action
Any such action may be taken only after 60 days have elapsed
after such industrial resource shortfall has been identified
pursuant to subparagraph (A).
(C) Limitation
If the taking of any action or actions under this section to
correct an industrial resource shortfall would cause the
aggregate outstanding amount of all such actions for such
industrial resource shortfall to exceed $50,000,000, any such
action or actions may be taken only if specifically authorized
by law.
(7) Waiver
The requirements of paragraphs (1) through (6) may be waived -
(A) during periods of national emergency declared by the
Congress or the President; or
(B) upon a determination by the President, on a nondelegable
basis, that a specific guarantee is necessary to avert an
industrial resource or critical technology item shortfall that
would severely impair national defense capability.
(b) Terms and conditions of purchase
Subject to the limitations in subsection (a) of this section,
purchases and commitments to purchase and sales under such
subsection may be made without regard to the limitations of
existing law, for such quantities, and on such terms and
conditions, including advance payments, and for such periods, but
not extending beyond a date that is not more than 10 years from the
date such purchase, purchase commitment, or sale was initially
made, as the President deems necessary, except that purchases or
commitments to purchase involving higher than established ceiling
prices (or if there be no established ceiling prices, currently
prevailing market prices) or anticipated loss on resale shall not
be made unless it is determined that supply of the materials could
not be effectively increased at lower prices or on terms more
favorable to the Government or that such purchases are necessary to
assure the availability to the United States of overseas supplies.
(c) Subsidy payments on domestically produced materials; exclusion
of agricultural products
If the President finds -
(1) that under generally fair and equitable ceiling prices for
any raw or nonprocessed material, there will result a decrease in
supplies from high-costs sources of such material, and that the
continuation of such supplies is necessary to carry out the
objectives of the Act [sections 2061 to 2171 of this Appendix];
or
(2) that an increase in cost of transportation is temporary in
character and threatens to impair maximum production or supply in
any area at stable prices of any materials;
he may make provision for subsidy payments on any such domestically
produced material other than an agricultural commodity in such
amounts and in such manner (including purchases of such material
and its resale at a loss without regard to the limitations of
existing law), and on such terms and conditions, as he determines
to be necessary to insure that supplies from such high-cost sources
are continued, or that maximum production or supply in such area at
stable prices of such materials is maintained, as the case may be.
(d) Transportation, storage, and processing
The procurement power granted to the President by this section
shall include the power to transport and store and have processed
and refined, any materials procured under this section.
(e) Installation of equipment in industrial facilities
When in his judgment it will aid the national defense, the
President is authorized to install additional equipment,
facilities, processes or improvements to plants, factories, and
other industrial facilities owned by the United States Government,
and to install government-owned equipment in plants, factories, and
other industrial facilities owned by private persons.
(f) Transfer of excess materials to national stockpile
Notwithstanding any other provision of law to the contrary,
metals, minerals, and materials acquired pursuant to the provisions
of this section which, in the judgment of the President, are excess
to the needs of programs under this Act [sections 2061 to 2171 of
this Appendix], shall be transferred to the National Defense
Stockpile established by the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.), when the President deems such
action to be in the public interest. Transfers made pursuant to
this subsection shall be made without charge against or
reimbursement from funds appropriated for the purposes of such Act,
except that costs incident to such transfer other than acquisition
costs shall be paid or reimbursed from such funds, and the
acquisition costs of such metals, minerals, and materials
transferred shall be deemed to be net losses incurred by the
transferring agency and the notes payable issued to the Secretary
of the Treasury representing the amounts thereof shall be canceled.
Upon the cancellation of any such notes the aggregate amount of
borrowing which may be outstanding at any one time under section
304(b) (!1) of this Act, as amended [section 2094(b) of this
Appendix], shall be reduced in an amount equal to the amount of any
notes so canceled.
(g) Development of substitutes for strategic and critical materials
When in his judgment it will aid the national defense, the
President may make provision for the development of substitutes for
strategic and critical materials, critical components, critical
technology items, and other industrial resources.
-SOURCE-
(Sept. 8, 1950, ch. 932, title III, Sec. 303, 64 Stat. 801; July
31, 1951, ch. 275, title I, Sec. 103(a), 65 Stat. 133; June 30,
1953, ch. 171, Secs. 5, 6, 67 Stat. 130; Aug. 9, 1955, ch. 655,
Sec. 3, 69 Stat. 580; June 29, 1956, ch. 474, Sec. 2, 70 Stat. 408;
Pub. L. 88-343, Sec. 2, June 30, 1964, 78 Stat. 235; Pub. L.
92-325, Sec. 1, June 30, 1972, 86 Stat. 390; Pub. L. 94-273, Sec.
2(29), Apr. 21, 1976, 90 Stat. 376; Pub. L. 96-41, Sec. 3(c), July
30, 1979, 93 Stat. 325; Pub. L. 96-294, title I, Sec. 104(d), June
30, 1980, 94 Stat. 618; Pub. L. 98-265, Secs. 3(c), 4(c), Apr. 17,
1984, 98 Stat. 150, 151; Pub. L. 102-558, title I, Sec. 121(c),
(d), Oct. 28, 1992, 106 Stat. 4204, 4206; Pub. L. 107-47, Sec.
4(3), Oct. 5, 2001, 115 Stat. 260.)
-REFTEXT-
REFERENCES IN TEXT
For expiration of this section, referred to in subsec. (a)(4),
see section 2166(a) of this Appendix.
The Strategic and Critical Materials Stock Piling Act, referred
to in subsec. (f), is act June 7, 1939, ch. 190, as revised
generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,
which is classified generally to subchapter III (Sec. 98 et seq.)
of chapter 5 of Title 50, War and National Defense. For complete
classification of this Act to the Code, see section 98 of Title 50
and Tables.
Section 304(b) of this Act, referred to in subsec. (f), is
classified to section 2094(b) of this Appendix, and was repealed
and a new subsec. (b) was enacted by Pub. L. 93-426, Sec. 2, Sept.
30, 1974, 88 Stat. 1166, which does not relate to limiting
aggregate amount of borrowing which may be outstanding.
-MISC1-
AMENDMENTS
2001 - Subsec. (a)(7)(B). Pub. L. 107-47 inserted "item" after
"critical technology".
1992 - Subsec. (a). Pub. L. 102-558, Sec. 121(c)(1), amended
subsec. (a) generally, substituting present provisions for
provisions relating to purchases for use or resale, development of
strategic minerals, metals, and materials, exclusion of certain
agricultural commodities, termination of purchase authority,
Presidential action, and identification of industrial resource
shortfalls.
Subsec. (b). Pub. L. 102-558, Sec. 121(c)(2), substituted "a date
that is not more than 10 years from the date such purchase,
purchase commitment, or sale was initially made" for "September 30,
1995".
Subsec. (g). Pub. L. 102-558, Sec. 121(d), inserted before period
at end ", critical components, critical technology items, and other
industrial resources".
1984 - Subsec. (a). Pub. L. 98-265, Sec. 3(c), inserted provision
requiring President, except during periods of national emergency,
to make specific determinations before executing a contract under
this subsection.
Pub. L. 98-265, Sec. 4(c), inserted provision requiring
President, except during periods of national emergency, to identify
industrial resource shortfall before taking any action under this
section.
1980 - Subsec. (a). Pub. L. 96-294, Sec. 104(d)(1), inserted
references to materials after metals wherever appearing.
Subsec. (b). Pub. L. 96-294, Sec. 104(d)(2), substituted "1995"
for "1985".
Subsec. (g). Pub. L. 96-294, Sec. 104(d)(3), struck out
provisions relating to certifications by Secretaries of Agriculture
and Interior regarding short supply of a particular strategic or
critical material.
1979 - Subsec. (f). Pub. L. 96-41 substituted "the National
Defense Stockpile established by the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.)" for "the
national stockpile established pursuant to the Act of June 7, 1939,
as amended (50 U.S.C. 98-98h)" and "from funds appropriated for the
purposes of such Act" for "from funds available under such Act of
June 7, 1939, as amended".
1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for
"June".
1972 - Subsec. (b). Pub. L. 92-325 substituted "June 30, 1985"
for "June 30, 1975".
1964 - Subsec. (b). Pub. L. 88-343 substituted "June 30, 1975"
for "June 30, 1965".
1956 - Subsec. (b). Act June 29, 1956, substituted "June 30,
1965" for "June 30, 1963".
1955 - Subsec. (g). Act Aug. 9, 1955, added subsec. (g).
1953 - Subsec. (b). Act June 30, 1953, Sec. 5, substituted "1963"
for "1962".
Subsec. (f). Act June 30, 1953, Sec. 6, added subsec. (f).
1951 - Act July 31, 1951, amended section generally to broaden
authority under this section to include materials generally, to
continue prohibition against resale of domestic agricultural
commodities except for industrial uses or stockpiling but
eliminated it as to imported agricultural commodities, to provide
that minerals and metals purchased under subsec. (a) may be sold at
less than the established ceiling price, but not less than the
current domestic market price, to limit provision barring contracts
calling for delivery more than one year after the expiration of
this section to imported agricultural commodities, to provide that
purchases and commitments to purchase under subsec. (a) may not be
made for any period extending beyond June 30, 1952, and to provide
for a differential subsidy.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-558 deemed to have become effective Mar.
1, 1992, see section 304 of Pub. L. 102-558, set out as a note
under section 2062 of this Appendix.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-294 effective June 30, 1980, see section
107 of Pub. L. 96-294, set out as a note under section 2062 of this
Appendix.
EFFECTIVE DATE OF 1955 AMENDMENT
Amendment by act Aug. 9, 1955, effective as of close of July 31,
1955, see section 11 of act Aug. 9, 1955, set out as a note under
section 2062 of this Appendix.
TERMINATION DATE
Termination of section, see section 2166(a) of this Appendix.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under act Sept. 8, 1950 [section 2061 et
seq. of this Appendix], relating to production, conservation, use,
control, distribution, and allocation of energy, delegated to
Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25,
1974, 39 F.R. 23185, set out as a note under section 761 of Title
15, Commerce and Trade.
-MISC2-
AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE
SHORTFALL FOR RADIATION-HARDENED ELECTRONICS
Pub. L. 107-314, div. A, title VIII, Sec. 829, Dec. 2, 2002, 116
Stat. 2618, provided that: "Notwithstanding the limitation in
section 303(a)(6)(C) of the Defense Production Act of 1950 (50
U.S.C. App. 2093(a)(6)(C)), action or actions may be taken under
section 303 of that Act to correct the industrial resource
shortfall for radiation-hardened electronics, if such actions do
not cause the aggregate outstanding amount of all such actions to
exceed $106,000,000."
CLARIFICATION OF STOCKPILE STATUS OF CERTAIN MATERIALS
For provisions that all materials purchased under this section
and held in the Defense Production Act inventory as of June 30,
1992, are transferred to the National Defense Stockpile, see
section 3315 of Pub. L. 102-484, as amended, set out as a note
under section 98c of Title 50, War and National Defense.
-EXEC-
EXECUTIVE ORDER NO. 10219
Ex. Ord. No. 10219, Feb. 28, 1951, 16 F.R. 1983, as amended by
Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513; Ex. Ord. No.
10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10773, July 1,
1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R.
6971, which related to the responsibilities of Federal agencies
with respect to transportation and storage, was superseded by Ex.
Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, formerly set out as a
note under section 2271 of this Appendix.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2078, 2091, 2094, 2095,
2096, 2161 of this Appendix; title 50 section 98c.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
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