-CITE-
    50 USC APPENDIX TITLE 50, APPENDIX - WAR AND
           NATIONAL DEFENSE                                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    
-HEAD-    
               TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE           


-MISC1-
                                                                


                                Act                                 Sec.
    --------------------------------------------------------------------
    Proclamations, Executive Orders, Joint Resolutions and             1
     Treaties Respecting War, Neutrality and Peace ............         
     Notes prec. sec.                                                   
    Trading with the Enemy Act of 1917                                 1
    Soldiers' and Sailors' Civil Relief Act of 1918 [Omitted]        101
    Selective Draft Act of 1917 [Omitted or Repealed]                201
    Selective Training and Service Act of 1940 [Omitted or           301
     Repealed]                                                          
    Office of Selective Service Records                              321
    Service Extension Act of 1941 [Repealed]                         351
    Army Reserve and Retired Personnel Service Law of 1940           401
     [Omitted]                                                          
    Military Selective Service Act                                   451
    Servicemembers Civil Relief Act                                  501
    First War Powers Act, 1941 [Repealed, Omitted, or                601
     Transferred]                                                       
    Second War Powers Act, 1942 [Repealed or Omitted]                631
    Exportation Restrictions on Certain Articles [Repealed or        701
     Omitted]                                                           
    Requisition of Military Equipment, Materials and Supplies        711
     [Omitted]                                                          
    Territorial Use of Army and Extension of Service Period          731
     [Omitted, Transferred, or Repealed]                                
    Civilian Protection From War Hazards [Omitted]                   741
    Decorations, etc., for Merchant Marine [Repealed]                751
    Use of Public Lands for War Purposes [Repealed]                  756
    Miscellaneous Provisions Affecting Military Establishment        761
     [Omitted, Repealed, or Transferred]                                
    Photographing, Mapping or Other Representation of Military       781
     or Defense Properties [Omitted]                                    
    Exemption of Certain Articles From Import Duties and Taxes       791
     [Omitted or Repealed]                                              
    Temporary Appointments, Promotions, etc., of Navy, Marine        806
     Corps, and Coast Guard Officers [Omitted or Repealed]              
    Jurisdiction of Prizes and Prize Proceedings [Transferred]       821
    Certain Allowance Assistance for Civilian and Military           831
     Personnel [Repealed or Omitted]                                    
    Free Entry of Gifts From Members of Armed Forces [Omitted]       846
    Free Postage for Armed Forces Personnel [Omitted]                891
    Emergency Price Control Act of 1942 [Omitted]                    901
    Stabilization Act of 1942 [Omitted]                              961
    Extension of Sugar Controls [Omitted]                            981
    Missing Persons Act [Repealed]                                  1001
    Small Business Mobilization Act [Omitted, Transferred, or       1101
     Repealed]                                                          
    War and Defense Contract Acts [Omitted or Repealed]             1151
    National Emergency and War Shipping Acts                        1251
    Farm Labor Supply Appropriation Act, 1944 [Omitted]             1351
    War Overtime Pay Act of 1943 [Repealed]                         1401
    Training of Nurses Through Grants to Institutions [Omitted]     1451
    Civilian Reemployment of Members of Merchant Marine             1471
     [Repealed]                                                         
    War Labor Disputes Act [Omitted]                                1501
    Voluntary Enlistments in Regular Military Establishment         1531
     [Repealed]                                                         
    Women's Army Corps [Repealed]                                   1551
    United Nations Relief and Rehabilitation Administration         1571
     [Omitted]                                                          
    Temporary Appointments of Army Nurse Corps Members, etc.,       1591
     as Officers of Army of United States [Repealed]                    
    Disposal of Materials on Public Lands [Omitted]                 1601
    Surplus Property Act of 1944                                    1611
    War Mobilization and Reconversion Act of 1944 [Omitted]         1651
    Fleet Admiral of Navy and General of Army [Repealed]            1691
    Disposal of Censored Mail [Omitted]                             1701
    Disbursing Officers' Additional Functions [Transferred]         1705
    General of Marine Corps [Omitted]                               1711
    Admiral in Coast Guard [Repealed]                               1721
    Exception of Navy or Coast Guard Vessels From Certain           1731
     Navigation Rules [Transferred]                                     
    Sale of Surplus War-Built Vessels                               1735
    Rehabilitation of Philippines [Omitted]                         1751
    Return and Interment of Persons Buried Outside United           1811
     States [Repealed]                                                  
    Veterans' Emergency Housing Program [Repealed or Omitted]       1821
    Naval Vessels as Atomic Targets [Omitted]                       1841
    Admission of Alien Fiance&233;es Into United States             1851
     [Omitted]                                                          
    Military Assistance to Philippine Republic [Omitted]            1861
    Naval Aid to China [Omitted]                                    1871
    Naval Aid to Foreign Nations [Omitted]                          1876
    Housing and Rent Acts                                           1881
    Stabilization of Economy and Commodity Prices                   1911
    Domestic Rubber-Producing Industry [Omitted]                    1921
    Disposal of Government-Owned Rubber-Producing Facilities        1941
    Displaced Persons, Refugees and Orphans [Omitted]               1951
    American-Japanese Evacuation Claims                             1981
    Restitution for World War II Internment of                      1989
     Japanese-Americans and Aleuts                                      
    Medical Care for Philippine Veterans [Repealed]                 1991
    War Claims                                                      2001
    Micronesian War and Postwar Claims [Omitted]                    2018
    Export Controls [Omitted]                                       2021
    Alien Property Damage Claims [Omitted]                          2041
    Defense Production Act of 1950                                  2061
    Domestic Minerals Program Extension                             2181
    Domestic Tungsten, Asbestos, Fluorspar and                      2191
     Columbium-Tantalum Purchase Programs [Omitted]                     
    Dependents Assistance Act of 1950 [Omitted or Repealed]         2201
    Civil Defense                                                   2251
    Emergency Food Aid to India [Omitted]                           2311
    Korean Combat Pay [Repealed]                                    2351
    World War II License Agreements                                 2371
    Emergency Ship Repair Program [Repealed]                        2391
    Export Regulation                                               2401
    --------------------------------------------------------------------


-HEAD-
      PROCLAMATIONS, EXECUTIVE ORDERS, JOINT RESOLUTIONS AND TREATIES
                   RESPECTING WAR, NEUTRALITY AND PEACE



                  I28I. PROCLAMATIONS OF STATE OF WAR
              
    War between Germany and France; Poland;       Proc. No. 2374        
     and the United Kingdom, India, Australia,                          
     Canada, New Zealand and the Union of                               
     South Africa                                                       
    War between Germany and Norway                Proc. No. 2398        
    War between Germany and Belgium,              Proc. No. 2404        
     Luxemburg, and the Netherlands                                     
    War between Italy and France and United       Proc. No. 2407        
     Kingdom                                                            
    War between Italy and Greece                  Proc. No. 2443        
    War between Germany-Italy and Yugoslavia      Proc. No. 2473        
    War between Hungary and Yugoslavia            Proc. No. 2477        
    War between Bulgaria and Yugoslavia and       Proc. No. 2479        
     Greece                                                             

              II. PROCLAMATIONS OF UNITED STATES NEUTRALITY
          
    War between Germany and France; Poland;       Proc. No. 2348        
     United Kingdom, India, Australia and New                           
     Zealand                                                            
    War between Germany and Union of South        Proc. Nos. 2353, 2359 
     Africa, Canada                                                     
    War between Germany and Norway                Proc. No. 2399        
    War between Germany and Belgium,              Proc. No. 2405        
     Luxemburg, and the Netherlands                                     
    War between Italy and France and United       Proc. No. 2408        
     Kingdom                                                            
    War between Italy and Greece                  Proc. No. 2444        

          III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS
      
    Neutrality of the United States               Ex. Ord. No. 8233     
    Vessels through Panama Canal in any War       Ex. Ord. No. 8234     
     in which the United States is Neutral                              
    Neutrality in the Canal Zone                  Proc. No. 2350        
    National Emergency, 1950                      Proc. No. 2914        
    National Emergency of 1939                    Proc. No. 2352        
    National Emergency of 1941                    Proc. No. 2487        
    Removal of Alien Enemies                      Proc. No. 2685        
    Termination of President's War Relief         Ex. Ord. No. 9723     
     Control Board                                                      
    Termination of Wartime Emergencies            Proc. No. 2974        

                IV. DECLARATIONS OF WAR BY UNITED STATES
            
    War between United States and Germany         Joint Res. April 6,   
                                                   1917, 40 Stat. 1     
    War between United States and                 Joint Res. Dec. 7,    
     Austria-Hungary                               1917, 40 Stat. 429   
    War between United States and Japan           Res. Dec. 8, 1941,    
                                                   ch. 561              
    War between United States and Germany         Res. Dec. 11, 1941,   
                                                   ch. 564              
    War between United States and Italy           Res. Dec. 11, 1941,   
                                                   ch. 565              
    War between United States and Bulgaria        Res. June 5, 1942,    
                                                   ch. 323              
    War between United States and Hungary         Res. June 5, 1942,    
                                                   ch. 324              
    War between United States and Rumania         Res. June 5, 1942,    
                                                   ch. 325              
    War between United States and Hungary,        Proc. No. 2563        
     Bulgaria, and Rumania                                              

                     V. TERMINATION OF STATE OF WAR
                 
    Cessation of Hostilities of World War II      Proc. No. 2714        
    Treaties of Peace with Italy, Bulgaria,       Feb. 10, 1947         
     Hungary, Rumania and Finland                                       
    Treaty of Peace with Japan                    Sept. 8, 1951         
    Termination of War with Germany               Jt. Res. Oct. 19,     
                                                   1951, Proc. No. 2950 
    Ratification of Japanese Peace Treaty         Mar. 20, 1952         

                VI. AUTHORIZATION TO EMPLOY ARMED FORCES
            
    Termination of Hostilities in Indochina       Pub. L. 92-129, Sept. 
                                                   28, 1971, 85 Stat. 360
    Maintenance of International Peace and        Pub. L. 88-408, Aug.  
     Security in Southeast Asia                    10, 1964, 78 Stat. 384
    Interdiction of the Delivery of Offensive     Proc. No. 3504, Oct.  
     Weapons to Cuba                               23, 1962             
    Termination of Authority Granted and          Proc. 3507, Nov. 21,  
     Orders Issued in Proc. No. 3504               1962                 
    Middle East Stabilization                     Pub. L. 85-7, Mar. 9, 
                                                   1957, 71 Stat. 5     
    Protection of Security of Formosa             Res. Jan. 29, 1955    
    --------------------------------------------------------------------


      See, also, notes under the Neutrality Act of 1939, sections 441,
    444, 445, 447 to 451, 453 to 457 of Title 22, Foreign Relations and
    Intercourse.
                     I. PROCLAMATIONS OF STATE OF WAR                 
      Proc. No. 2374, Nov. 4, 1939, 12:04 p.m., 4 F.R. 4493, 54 Stat.
    2671, proclaimed a state of war between Germany and France; Poland;
    and the United Kingdom, India, Australia, Canada, New Zealand and
    the Union of South Africa.
      Proc. No. 2398, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2698,
    proclaimed a state of war between Germany and Norway.
      Proc. No. 2404, May 11, 1940, 5 F.R. 1689, 54 Stat. 2703,
    proclaimed a state of war between Germany and Belgium, Luxemburg,
    and the Netherlands.
      Proc. No. 2407, June 10, 1940, 10:20 p.m., E.S.T., 5 F.R. 2191,
    54 Stat. 2706, proclaimed a state of war between Italy and France
    and United Kingdom.
      Proc. No. 2443, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2763,
    proclaimed a state of war between Italy and Greece.
      Proc. No. 2473, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1627,
    proclaimed a state of war between Germany-Italy and Yugoslavia.
      Proc. No. 2477, Apr. 15, 1941, 6 F.R. 1995, 55 Stat. 1631,
    proclaimed a state of war between Hungary and Yugoslavia.
      Proc. No. 2479, Apr. 24, 1941, 6 F.R. 2133, 55 Stat. 1636,
    proclaimed a state of war between Bulgaria and Yugoslavia and
    Greece.
               II. PROCLAMATIONS OF UNITED STATES NEUTRALITY           
      Proc. No. 2348, Sept. 5, 1939, 4 F.R. 3809, 54 Stat. 2629,
    proclaimed neutrality of United States in war between Germany and
    France; Poland; United Kingdom, India, Australia, and New Zealand.
      Proc. No. 2353, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643,
    proclaimed neutrality of United States in war between Germany and
    Union of South Africa.
      Proc. No. 2359, Sept. 10, 1939, 4 F.R. 3857, 54 Stat. 2652,
    proclaimed neutrality of United States in war between Germany and
    Canada.
      Proc. No. 2399, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2699,
    proclaimed neutrality of United States in war between Germany and
    Norway.
      Proc. No. 2405, May 11, 1940, 5 F.R. 1689, 54 Stat. 2704,
    proclaimed neutrality of United States in war between Germany and
    Belgium, Luxemburg, and the Netherlands.
      Proc. No. 2408, June 10, 1940, 10:20 p.m. E.S.T., 5 F.R. 2191, 54
    Stat. 2707, proclaimed neutrality of United States in war between
    Italy and France and United Kingdom.
      Proc. No. 2444, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2764,
    proclaimed neutrality of United States in war between Italy and
    Greece.
           III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS       


-MISC2-
                        NATIONAL EMERGENCY OF 1939                    
      Proc. No. 2352, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643,
    proclaimed national emergency in connection with enforcement of
    neutrality which was terminated by Proc. No. 2974, set out below.

                        NATIONAL EMERGENCY OF 1941                    
      Proc. No. 2487, May 27, 1941, 6 F.R. 2617, 55 Stat. 1647,
    proclaimed an unlimited national emergency which was terminated by
    Proc. No. 2974, set out below.


-EXEC-
                 PROC. NO. 2685. REMOVAL OF ALIEN ENEMIES             
      Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, p.
    1342, provided:
      1. All alien enemies within the continental limits of the United
    States brought here from other American republics after December 7,
    1941, who are within the territory of the United States without
    admission under the immigration laws, shall, if their continued
    residence in the Western Hemisphere is deemed by the Secretary of
    State to be prejudicial to the future security or welfare of the
    Americas, be subject upon the order of the Secretary of State to
    removal from the United States and may be required to depart
    therefrom in accordance with such regulations as the Secretary of
    State may prescribe.
      2. In all cases in which the Secretary of State shall have
    ordered the removal of an alien enemy under the authority of this
    proclamation or in which the Attorney General shall have ordered
    the removal of an alien enemy under the authority of Proclamation
    No. 2655 of July 14, 1945, thirty days shall be considered, and is
    hereby declared to be, a reasonable time for such alien enemy to
    effect the recovery, disposal, and removal of his goods and
    effects, and for his departure.
      3. This proclamation supersedes Proclamation No. 2662 of
    September 8, 1945, entitled "Removal of Alien Enemies."
                                                         Harry S Truman.

                 PROC. NO. 2914. NATIONAL EMERGENCY, 1950             
      Proc. No. 2914, Dec. 16, 1950, 15 F.R. 9029, 64 Stat. a454
    provided:
      WHEREAS recent events in Korea and elsewhere constitute a grave
    threat to the peace of the world and imperil the efforts of this
    country and those of the United Nations to prevent aggression and
    armed conflict; and
      WHEREAS world conquest by communist imperialism is the goal of
    the forces of aggression that have been loosed upon the world; and
      WHEREAS, if the goal of communist imperialism were to be
    achieved, the people of this country would no longer enjoy the full
    and rich life they have with God's help built for themselves and
    their children; they would no longer enjoy the blessings of the
    freedom of worshipping as they severally choose, the freedom of
    reading and listening to what they choose, the right of free speech
    including the right to criticize their Government, the right to
    choose those who conduct their Government, the right to engage
    freely in collective bargaining, the right to engage freely in
    their own business enterprises, and the many other freedoms and
    rights which are a part of our way of life; and
      Whereas the increasing menace of the forces of communist
    aggression requires that the national defense of the United States
    be strengthened as speedily as possible:
      NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United
    States of America, do proclaim the existence of a national
    emergency, which requires that the military, naval, air, and
    civilian defenses of this country be strengthened as speedily as
    possible to the end that we may be able to repeal any and all
    threats against our national security and to fulfill our
    responsibilities in the efforts being made through the United
    Nations and otherwise to bring about lasting peace.
      I summon all citizens to make a united effort for the security
    and well-being of our beloved country and to place its needs
    foremost in thought and action that the full moral and material
    strength of the Nation may be readied for the dangers which
    threaten us.
      I summon our farmers, our workers in industry, and our
    businessmen to make a mighty production effort to meet the defense
    requirements of the Nation and to this end to eliminate all waste
    and inefficiency and to subordinate all lesser interests to the
    common good.
      I summon every person and every community to make, with a spirit
    of neighborliness, whatever sacrifices are necessary for the
    welfare of the Nation.
      I summon all State and local leaders and officials to cooperate
    fully with the military and civilian defense agencies of the United
    States in the national defense program.
      I summon all citizens to be loyal to the principles upon which
    our Nation is founded, to keep faith with our friends and allies,
    and to be firm in our devotion to the peaceful purposes for which
    the United Nations was founded.
      I am confident that we will meet the dangers that confront us
    with courage and determination, strong in the faith that we can
    thereby "secure the Blessings of Liberty to ourselves and our
    Posterity."
                                                        Harry S. Truman.

            PROC. NO. 2974. TERMINATION OF WARTIME EMERGENCIES        
      Proc. No. 2974, Apr. 28, 1952, 17 F.R. 3813, 66 Stat. c31,
    provided in part:
      NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United
    States of America, do proclaim that the national emergencies
    declared to exist by the proclamations of September 8, 1939 [set
    out above], and May 27, 1941 [set out above], terminated this day
    upon the entry into force of the Treaty of Peace with Japan.
      Nothing in this proclamation shall be construed to affect
    Proclamation No. 2914 [set out above], issued by the President on
    December 16, 1950, declaring that world conquest by communist
    imperialism is the goal of the forces of aggression that have been
    loosed upon the world, and proclaiming the existence of a national
    emergency requiring that the military, naval, air, and civilian
    defenses of this country be strengthened as speedily as possible to
    the end that we may be able to repel any and all threats against
    our national security and to fulfill our responsibilities in the
    efforts being made through the United Nations and otherwise to
    bring about lasting peace; and nothing herein shall be construed to
    affect the continuation of the said emergency of September 8, 1939,
    as specified in the Emergency Powers Interim Continuation Act,
    approved April 14, 1952 (Public Law 313 - 82d Congress), for the
    purpose of continuing the use of property held under the Act of
    October 14, 1940, ch. 862, 54 Stat. 1125, as amended [sections 1521
    to 1524, 1531 to 1536, 1541 to 1553, 1561 to 1564, 1571 to 1576,
    1581 to 1590 of Title 42, The Public Health and Welfare].
                                                         Harry S Truman.

                         EXECUTIVE ORDER NO. 8233                     
      Ex. Ord. No. 8233, Sept. 5, 1939, 4 F.R. 3822, referred to
    regulations governing enforcement of neutrality of the United
    States.

      EX. ORD. NO. 8234. REGULATIONS GOVERNING PASSAGE AND CONTROL OF
    VESSELS THROUGH PANAMA CANAL IN ANY WAR IN WHICH THE UNITED STATES
                                IS NEUTRAL
      Ex. Ord. No. 8234, Sept. 5, 1939, 4 F.R. 3823, as amended by Ex.
    Ord. No. 8382, Mar. 25, 1940, 5 F.R. 1185, provided:
      WHEREAS the treaties of the United States, in any war in which
    the United States is a neutral, impose on the United States certain
    obligations to both neutral and belligerent nations;
      AND WHEREAS the treaties of the United States, in any war in
    which the United States is a neutral, require that the United
    States exert all the vigilance within their power to carry out
    their obligations as a neutral;
      AND WHEREAS treaties of the United States require that the Panama
    Canal shall be free and open, on terms of entire equality, to the
    vessels of commerce and of war of all nations observing the rules
    laid down in Article 3 of the so-called Hay-Pauncefote treaty
    concluded between the United States and Great Britain, November 18,
    1901:
      NOW, THEREFORE, by virtue of the authority vested in me by
    section 5 of the Panama Canal Act, approved August 24, 1912 (ch.
    390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932
    (ch. 425, 47 Stat. 578), I hereby prescribe the following
    regulations governing the passage and control of vessels through
    the Panama Canal or any part thereof, including the locks and
    approaches thereto, in any war in which the United States is a
    neutral;
      1. Whenever considered necessary, in the opinion of the Governor
    of the Panama Canal, to prevent damage or injury to vessels or to
    prevent damage or injury to the Canal or its appurtenances, or to
    secure the observance of the rules, regulations, rights, or
    obligations of the United States, the Canal authorities may at any
    time, as a condition precedent to transit of the Canal, inspect any
    vessel, belligerent or neutral, other than a public vessel,
    including its crew and cargo, and, for and during the passage
    through the Canal, place armed guards thereon, and take full
    possession and control of such vessel and remove therefrom the
    officers and crew thereof and all other persons not specially
    authorized by the Canal authorities to go or remain on board
    thereof during such passage.
      2. A public vessel of a belligerent or neutral nation shall be
    permitted to pass through the Canal only after her commanding
    officer has given written assurance to the authorities of the
    Panama Canal that the rules, regulations, and treaties of the
    United States will be faithfully observed.
      3. Possession of cameras on board vessels; photographing from
    vessels. While on board any vessel in transit through the Panama
    Canal, no person shall (a) have or remain in possession of any
    camera, or (b) make any photograph, sketch, picture, drawing, map,
    or graphical representation of any of the locks of the Panama
    Canal, or of any portion of any such lock, or of any area within or
    adjacent to any such lock, or of any object or structure within or
    upon any such area, without first obtaining the permission of the
    Governor of The Panama Canal, and promptly submitting the product
    obtained to the Governor for such action as he may deem necessary.
    The master of every vessel that transmits the Panama Canal (a)
    shall prior to the beginning of each transit cause all cameras on
    board such vessel, or which are brought on board by embarking
    passengers, or otherwise, to be collected and delivered to him, and
    shall retain the said cameras in his possession, in a secure and
    inaccessible place, until the disembarkation of the original
    possessors thereof or until the transit through the Canal is
    completed, and (b) shall during such transit take such further
    action, in cooperation with the Canal authorities, as may be
    necessary to prevent the making, by any person on board such vessel
    in the waters of the Canal Zone, of any photograph, sketch,
    picture, drawing, map, or graphical representation which is
    forbidden by this paragraph; but these provisions shall not apply
    with respect to any person who has obtained permission as provided
    in this paragraph. Any person who shall violate any provision of
    this paragraph shall be punishable as provided in section 9 of
    title 2 of the [former] Canal Zone Code.
      The foregoing regulations are in addition to the "Rules and
    Regulations for the Operation and Navigation of the Panama Canal
    and Approaches Thereto, including all Waters under its
    Jurisdiction" prescribed by Executive Order No. 4314 of September
    25, 1925, as amended, and the provisions of proclamations and
    executive orders pertaining to the Canal Zone issued in conformity
    with the laws and treaties of the United States.
      Proc. No. 2350, eff. Sept. 5, 1939, 4 F.R. 3821, 54 Stat. 2368,
    referred to regulations concerning neutrality in the Canal Zone.
                                                  Franklin D. Roosevelt.

     EX. ORD. NO. 9723. TERMINATION OF PRESIDENT'S WAR RELIEF CONTROL
                                   BOARD
      Ex. Ord. No. 9723, May 14, 1946, 11 F.R. 5345, provided:
      Executive Order No. 9205 of July 25, 1942, is revoked, and the
    President's War Relief Control Board established by that order is
    hereby terminated. The Secretary of State is authorized and
    directed to liquidate all of the activities and obligations and
    wind up all of the affairs of the Board as rapidly as practicable,
    and to utilize therefore such of the personnel property, records,
    and unexpended appropriations of the Board as may be necessary.
                                                         Harry S Truman.

-HEAD-
                 IV. DECLARATIONS OF WAR BY UNITED STATES             


-MISC3-
                   WAR BETWEEN UNITED STATES AND GERMANY               
      Declared by Joint Res. April 6, 1917, 40 Stat. 1.

               WAR BETWEEN UNITED STATES AND AUSTRIA-HUNGARY           
      Declared by Joint Res. Dec. 7, 1917, 40 Stat. 429.

                    WAR BETWEEN UNITED STATES AND JAPAN                
      Declared by Joint Res. Dec. 8, 1941, 4:10 p.m., E.S.T., ch. 561,
    55 Stat. 795.

                   WAR BETWEEN UNITED STATES AND GERMANY               
      Declared by Joint Res. Dec. 11, 1941, 3:05 p.m. E.S.T., ch. 564,
    55 Stat. 796.

                    WAR BETWEEN UNITED STATES AND ITALY                
      Declared by Joint Res. Dec. 11, 1941, 3:06 p.m., E.S.T., ch. 565,
    55 Stat. 797.

                WAR BETWEEN THE UNITED STATES AND BULGARIA            
      Declared by Joint Res. June 5, 1942, ch. 323, 56 Stat. 307.

                   WAR BETWEEN UNITED STATES AND HUNGARY               
      Declared by Joint Res. June 5, 1942, ch. 324, 56 Stat. 307.

                   WAR BETWEEN UNITED STATES AND RUMANIA               
      Declared by Joint Res. June 5, 1942, ch. 325, 56 Stat. 307.


-EXEC-
    PROC. NO. 2563. PROCLAMATION OF STATE OF WAR BETWEEN UNITED STATES
                    AND HUNGARY, BULGARIA, AND RUMANIA
      Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. 1970,
    proclaimed that a state of war existed between the United States
    and Hungary, Rumania, and Bulgaria.

-HEAD-
                      V. TERMINATION OF STATE OF WAR                  


-MISC4-
                         CESSATION OF HOSTILITIES                     
      The cessation of hostilities of World War II was officially
    proclaimed by the President of the United States, Proclamation No.
    2714, Dec. 31, 1946, 12 F.R. 1, 61 Stat. 1048, in the following
    language:
          NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United
        States of America, do hereby proclaim the cessation of
        hostilities of World War II, effective twelve o'clock noon,
        December 31, 1946.

       TREATIES OF PEACE WITH ITALY, BULGARIA, HUNGARY, RUMANIA, AND
                                  FINLAND
      On the 10th day of February 1947, separate Treaties of Peace were
    concluded by designated Allied and Associated Powers, including the
    United States of America, with Italy, Bulgaria, Hungary and
    Rumania.
      Each of these Treaties contained a recital in the Preamble that
    the Allied and Associated Powers named therein
          Have therefore agreed to declare the cessation of the state
        of war and for this purpose to conclude the present Treaty of
        Peace, and have accordingly appointed the undersigned
        Plenipotentiaries who, after presentation of their full powers,
        found in good and due form, have agreed on the following
        provisions: * * *.
      The full text of the Treaties of Peace with Italy, Bulgaria,
    Hungary, Rumania and Finland are set out in 61 Stat. 1245, 1915,
    2065, 1757.
      On the same date a Treaty of Peace was concluded with Finland.
    The United States is not a signatory thereto.

                        TREATY OF PEACE WITH JAPAN                    
      The Treaty of Peace with Japan signed at the city of San
    Francisco on the 8th day of September 1951, Chapter I, Article 1,
    provides:
          (a) The state of war between Japan and each of the Allied
        Powers is terminated as from the date on which the present
        Treaty comes into force between Japan and the Allied Power
        concerned as provided for in Article 23.
      Article 23 of Chapter VII, above referred to, provides:
          (a) The present Treaty shall be ratified by the States which
        sign it, including Japan, and will come into force for all the
        States which have then ratified it, when instruments of
        ratification have been deposited by Japan and by a majority,
        including the United States of America as the principal
        occupying Power, of the following States [here would appear the
        names of such of the following States as are signatories to the
        present Treaty], namely Australia, Burma, Canada, Ceylon,
        France, India, Indonesia, the Netherlands, New Zealand,
        Pakistan, the Philippines, the United Kingdom of Great Britain
        and Northern Ireland, the Union of Soviet Socialist Republics,
        and the United States of America. The present Treaty shall come
        into force for each State which subsequently ratifies it, on
        the date of the deposit of its instrument of ratification.
          (b) If the Treaty has not come into force within nine months
        after the date of the deposit of Japan's ratification, any
        State which has ratified it may bring the Treaty into force
        between itself and Japan by a notification to that effect given
        to the Government of Japan and of the United States of America
        not later than three years after the date of deposit of Japan's
        ratification.

                   RATIFICATION OF JAPANESE PEACE TREATY               
      The Treaty of Peace with Japan, signed at San Francisco on
    September 8, 1951, was ratified by the United States Senate on
    March 20, 1952. For Resolution of ratification, see Congressional
    Record, Vol. 98, No. 46, Thursday, March 20, 1952, p. 2634.

                                  GERMANY                              

                       JOINT RESOLUTION OF CONGRESS                   
      Joint Res. Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That
    the state of war declared to exist between the United States and
    the Government of Germany by the joint resolution of Congress
    approved December 11, 1941, is hereby terminated and such
    termination shall take effect on the date of enactment of this
    resolution [Oct. 19, 1951]: Provided, however, That notwithstanding
    this resolution and any proclamation issued by the President
    pursuant thereto, any property or interest which prior to January
    1, 1947, was subject to vesting or seizure under the provisions of
    the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411),
    as amended [sections 1 to 6, 7 to 39, 41 to 44 of this Appendix] or
    which has heretofore been vested or seized under that Act,
    including accruals to or proceeds of any such property or interest,
    shall continue to be subject to the provisions of that Act in the
    same manner and to the same extent as if this resolution had not
    been adopted and such proclamation had not been issued. Nothing
    herein and nothing in such proclamation shall alter the status, as
    it existed immediately prior hereto, under that Act, of Germany or
    of any person with respect to any such property or interest."

                           PROCLAMATION NO. 2950                       
      Proc. No. 2950, Oct. 25, 1951, 16 F.R. 10915, 66 Stat. c3,
    proclaimed that the state of war between the United States and the
    Government of Germany declared on Dec. 11, 1941 was terminated on
    Oct. 19, 1951.

-HEAD-
                 VI. AUTHORIZATION TO EMPLOY ARMED FORCES             


-MISC5-
     MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN SOUTHEAST ASIA 
      Pub. L. 88-408, Aug. 10, 1964, 78 Stat. 384, which authorized the
    President to take all necessary measures to repeal armed attack
    against the forces of the United States in the interest of the
    maintenance of peace and security in Southeast Asia, was terminated
    by Pub. L. 91-672, Sec. 12, Jan. 12, 1971, 84 Stat. 2055, effective
    upon the day that the second session of the Ninety-first Congress
    was last adjourned. The second session of the Ninety-first Congress
    adjourned sine die on January 2, 1971.

                  TERMINATION OF HOSTILITIES IN INDOCHINA              
      Pub. L. 92-129, title IV, Sec. 401, Sept. 28, 1971, 85 Stat. 360,
    provided that: "It is hereby declared to be the sense of Congress
    that the United States terminate at the earliest practicable date
    all military operations of the United States in Indochina, and
    provide for the prompt and orderly withdrawal of all United States
    military forces at a date certain subject to the release of all
    American prisoners of war held by the Government of North Vietnam
    and forces allied with such Government, and an accounting for all
    Americans missing in action who have been held by or known to such
    Government or such forces. The Congress hereby urges and requests
    the President to implement the above expressed policy by initiating
    immediately the following actions:
      "(1) Negotiate with the Government of North Vietnam for an
    immediate cease-fire by all parties to the hostilities in
    Indochina.
      "(2) Negotiate with the Government of North Vietnam for the
    establishing of a final date for the withdrawal from Indochina of
    all military forces of the United States contingent upon the
    release at a date certain of all American prisoners of war held by
    the Government of North Vietnam and forces allied with such
    Government.
      "(3) Negotiate with the Government of North Vietnam for an
    agreement which would provide for a series of phased and rapid
    withdrawals of United States military forces from Indochina subject
    to a corresponding series of phased releases of American prisoners
    of war, and for the release of any remaining American prisoners of
    war concurrently with the withdrawal of all remaining military
    forces of the United States by not later than the date established
    pursuant to paragraph (2) hereof."


-EXEC-
     PROC. NO. 3504. INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS
                                  TO CUBA
      Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, 77 Stat. 958,
    provided:
      WHEREAS the peace of the world and the security of the United
    States and of all American States are endangered by reason of the
    establishment by the Sino-Soviet powers of an offensive military
    capability in Cuba, including bases for ballistic missiles with a
    potential range covering most of North and South America;
      WHEREAS by a Joint Resolution passed by the Congress of the
    United States and approved on October 3, 1962, it was declared that
    the United States is determined to prevent by whatever means may be
    necessary, including the use of arms, the Marxist-Leninist regime
    in Cuba from extending, by force or the threat of force, its
    aggressive or subversive activities to any part of this hemisphere,
    and to prevent in Cuba the creation or use of an externally
    supported military capability endangering the security of the
    United States; and
      WHEREAS the Organ of Consultation of the American Republics
    meeting in Washington on October 23, 1962, recommended that the
    Member States, in accordance with Articles 6 and 8 of the Inter-
    American Treaty of Reciprocal Assistance, take all measures,
    individually and collectively, including the use of armed force,
    which they may deem necessary to ensure that the Government of Cuba
    cannot continue to receive from the Sino-Soviet powers military
    material and related supplies which may threaten the peace and
    security of the Continent and to prevent the missiles in Cuba with
    offensive capability from ever becoming an active threat to the
    peace and security of the Continent:
      NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United
    States of America, acting under and by virtue of the authority
    conferred upon me by the Constitution and statutes of the United
    States, in accordance with the aforementioned resolutions of the
    United States Congress and of the Organ of Consultation of the
    American Republics, and to defend the security of the United
    States, do hereby proclaim that the forces under my command are
    ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to
    interdict, subject to the instructions herein contained, the
    delivery of offensive weapons and associated material to Cuba.
      For the purposes of this Proclamation, the following are declared
    to be prohibited materiel:
      Surface-to-surface missiles; bomber aircraft; bombs, air-to-
    surface rockets and guided missiles; warheads for any of the above
    weapons; mechanical or electronic equipment to support or operate
    the above items; and any other classes of materiel hereafter
    designated by the Secretary of Defense for the purpose of
    effectuating this Proclamation.
      To enforce this order, the Secretary of Defense shall take
    appropriate measures to prevent the delivery of prohibited materiel
    to Cuba, employing the land, sea and air forces of the United
    States in cooperation with any forces that may be made available by
    other American States.
      The Secretary of Defense may make such regulations and issue such
    directives as he deems necessary to ensure the effectiveness of
    this order, including the designation, within a reasonable distance
    of Cuba, of prohibited or restricted zones and of prescribed
    routes.
      Any vessel or craft which may be proceeding toward Cuba may be
    intercepted and may be directed to identify itself, its cargo,
    equipment and stores and its ports of call, to stop, to lie to, to
    submit to visit and search, or to proceed as directed. Any vessel
    or craft which fails or refuses to respond to or comply with
    directions shall be subject to being taken into custody. Any vessel
    or craft which it is believed is en route to Cuba and may be
    carrying prohibited materiel or may itself constitute such materiel
    shall, wherever possible, be directed to proceed to another
    destination of its own choice and shall be taken into custody if it
    fails or refuses to obey such directions. All vessels or craft
    taken into custody shall be sent into a port of the United States
    for appropriate disposition.
      In carrying out this order, force shall not be used except in
    case of failure or refusal to comply with directions, or with
    regulations or directives of the Secretary of Defense issued
    hereunder, after reasonable efforts have been made to communicate
    them to the vessel or craft, or in case of self-defense. In any
    case, force shall be used only to the extent necessary.
      IN WITNESS WHEREOF, I have hereunto set my hand and caused the
    seal of the United States of America to be affixed.
     Done in the City of Washington this twenty-third day of October in
          the year of our Lord nineteen hundred and sixty-two, and of
          the Independence of the United States of America the one
          hundred and eighty-seventh.
    [seal]
                                                John Fitzgerald Kennedy.

    PROC. NO. 3507. TERMINATING AUTHORITY GRANTED AND ORDERS ISSUED IN
                              PROC. NO. 3504
      Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, 77 Stat. 961,
    provided:
      I, JOHN F. KENNEDY, President of the United States of America,
    acting under and by virtue of the authority vested in me by the
    Constitution and statutes of the United States, do hereby proclaim
    that at 11 p.m., Greenwich Time, November 20, 1962, I terminated
    the authority conferred upon the Secretary of Defense by
    Proclamation No. 3504, dated October 23, 1962 [set out above], and
    revoked the orders contained therein to forces under my command.
      IN WITNESS WHEREOF, I have hereunto set my hand and caused the
    Seal of the United States of America to be affixed.
     DONE at the City of Washington this 21st day of November, in the
          year of our Lord nineteen hundred and sixty-two and of the
          Independence of the United States of America the one hundred
          and eighty-seventh.
    [seal]
                                                        John F. Kennedy.


-MISC6-
                         MIDDLE EAST STABILIZATION                     
      Pub. L. 85-7, Secs. 1-6, Mar. 9, 1957, 71 Stat. 5, set out as
    chapter 24A (Sec. 1961 et seq.) of Title 22, Foreign Relations and
    Intercourse, authorizes the President to provide economic and
    military assistance, and, if he determines it necessary, to use
    armed forces under certain circumstances to maintenance of national
    independence in the Middle East.

                     PROTECTION OF SECURITY OF FORMOSA                 
      Joint Res. Jan. 29, 1955, ch. 4, 8:42 A.M., 69 Stat. 7, which
    authorized the President of the United States to employ the Armed
    Forces of the United States for the purpose of securing and
    protecting Formosa and Pescadores against armed attack, was
    repealed by Pub. L. 93-475, Sec. 3, Oct. 26, 1974, 88 Stat. 1439.

-End-


-CITE-
    50 USC APPENDIX TRADING WITH THE ENEMY ACT OF
      1917                                                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917

-HEAD-
                    TRADING WITH THE ENEMY ACT OF 1917                

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 6, 1917, CH. 106, 40
      STAT. 411                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

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

-MISC1-
    Sec.                                                     
    1.          Designation of Act.                                   
    2.          Definitions.                                          
    3.          Acts prohibited.                                      
    4.          Licenses to enemy or ally of enemy insurance or
                 reinsurance companies; change of name; doing business
                 in United States.                                    
    5.          Suspension of provisions relating to ally of enemy;
                 regulation of transactions in foreign exchange of
                 gold or silver, property transfers, vested interests,
                 enforcement and penalties.                           
    6.          Alien Property Custodian; general powers and duties.  
    6a.         Incurment of expenses by Office of Alien Property
                 Custodian.                                           
    6b.         Omitted.                                              
    7.          Lists of enemy or ally of enemy officers, directors or
                 stockholders of corporations in United States; acts
                 constituting trade with enemy prior to passage of
                 Act; conveyance of property to custodian; voluntary
                 payment to custodian by holder; acts under order,
                 rule, or regulation.                                 
    8.          Contracts, mortgages, or pledges against or with enemy
                 or ally of enemy; abrogation of contracts; suspension
                 of limitations.                                      
    9.          Claims to property transferred to custodian; notice of
                 claim; filing; return of property; suits to recover;
                 sale of claimed property in time of war or during
                 national emergency.                                  
    10.         Acts permitted; applications for patents, or
                 registration of trade-marks or copyrights; payment of
                 tax in relation thereto; licenses under enemy owned
                 patent or copyright; statements by licensees; term
                 and cancellation; suits against licensees;
                 restraining infringements; powers of attorney;
                 keeping secret inventions.                           
    11.         Importations prohibited.                              
    12.         Property transferred to Alien Property Custodian.     
    13.         Statements by masters of vessels and owners of cargoes
                 before granting clearances.                          
    14.         False manifest; refusal of clearance; reports of gold
                 or silver coin in cargoes for export.                
    15.         Omitted.                                              
    16.         Offenses; punishment; forfeitures of property.        
    17.         Rules by district courts; appeals.                    
    18.         Jurisdiction of courts of Philippines and Canal Zone
                 of offenses.                                         
    19.         Print, newspaper or publication in foreign languages. 
    20.         Fees of agents, attorneys, or representatives.        
    21.         Claims of naturalized citizens as affected by
                 expatriation.                                        
    22.         Fugitives from justice barred from recovery.          
    23.         Payment of income, etc., by Alien Property Custodian. 
    24.         Payment of taxes and expenses by Alien Property
                 Custodian.                                           
    25.         Investments by Custodian in participating certificates
                 issued by Secretary of the Treasury; transfers to and
                 payments from German, Austrian or Hungarian special
                 deposit accounts; allocation of payments.            
    26.         Allocation of "unallocated interest fund".            
    27.         Return by Custodian, to United States, of payments
                 under licenses, assignments or sales of patents.     
    28.         "Unallocated interest fund" defined.                  
    29.         Waiver by Custodian of demand for property; acceptance
                 of less amount; approval of Attorney General.        
    30.         Attachment or garnishment of funds or property held by
                 Custodian.                                           
    31.         "Member of the former ruling family" defined.         
    32.         Return of property.                                   
                  (a)  Conditions precedent.                          
                  (b)  Extension of filing time limitation for
                        redetermination of excessive profits.         
                  (c)  Inventions.                                    
                  (d)  Rights and duties.                             
                  (e)  Legal proceeding unaffected.                   
                  (f)  Notice of intention.                           
                  (g)  Payment of expenses of Custodian.              
                  (h)  Designation of successor organizations to
                        receive heirless property; time for
                        application; payment of funds: time,
                        allocation, claims barred by acceptance and
                        conditions.                                   
    33.         Notice of claim; institution of suits; computation of
                 time.                                                
    34.         Payment of debts.                                     
                  (a)  Claims allowable; defenses.                    
                  (b)  Time limit for filing claims; extension;
                        notice.                                       
                  (c)  Examination of claims.                         
                  (d)  Funds for debt payments.                       
                  (e)  Amount payable; disallowance; notice; review;
                        additional evidence; judgment.                
                  (f)  Pro rata payments; notice; review; additional
                        evidence; intervention; judgment.             
                  (g)  Priority of claims.                            
                  (h)  Priority as debt due United States.            
                  (i)  Exclusiveness of relief.                       
    35.         Hearings on claims; rules and regulations; delegation
                 of powers.                                           
    36.         Taxes.                                                
                  (a)  Liability; exemptions.                         
                  (b)  Payment by Custodian; liability of former
                        owner; enforcement of tax liability; transfer
                        of property.                                  
                  (c)  Computation; suspension of limitations, etc.   
                  (d)  "Tax" defined.                                 
                  (e)  Exemptions.                                    
    37.         Insurance of property.                                
    38.         Shipment of relief supplies; definitions.             
    39.         Retention of properties or interests of Germany and
                 Japan and their nationals; proceeds covered into
                 Treasury; ex gratia payment to Switzerland.          
    40.         Intercustodial conflicts involving enemy property;
                 authority of President to conclude; delegation of
                 authority.                                           
    41.         Divestment of estates, trusts, insurance policies,
                 annuities, remainders, pensions, workmen's
                 compensation and veterans' benefits; exceptions;
                 notice of divestment.                                
    42.         Claims for proceeds from sale of certain certificates:
                 jurisdiction, limitations; divestment of copyrights:
                 "copyrights" defined, rights of licensees and
                 assignees, reproduction rights of United States,
                 transfer of interests, payment of royalties to
                 Attorney General, suits for infringement.            
    43.         Divestment of trademarks.                             
                  (a)  "Trademarks" defined.                          
                  (b)  Effective date of divestment; rights of
                        licensees; transfer of interests; payment of
                        royalties to Attorney General.                
                  (c)  Prevesting contracts; exceptions; payment of
                        royalties to Attorney General.                
                  (d)  Publication of ownership list in Federal
                        Register; effective date of divestment;
                        succession to ownership of equivalent
                        trademarks.                                   
    44.         Motion picture prints, transfer of title.             
                  (a)  Prints in custody of Library of Congress;
                        exception.                                    
                  (b)  Prints in custody of Attorney General;
                        exception; right of selection by Library of
                        Congress; disposal of unselected prints by
                        Attorney General.                             
                  (c)  Retention, reproduction, and disposal of prints
                        by Library of Congress.                       

                  TERMINATION OF WORLD WAR AND EMERGENCY              
      The Trading with the enemy Act was expressly excepted from the
    operation and effect of Joint Res. Mar. 3, 1921, ch. 136, 41 Stat.
    1359, declaring that certain Acts of Congress, joint resolutions,
    and proclamations should be construed as though the World War had
    ended and the then present or existing emergency expired.

-End-



-CITE-
    50 USC APPENDIX Sec. 1                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 1. Designation of Act

-STATUTE-
      This Act [sections 1 to 6, 7 to 39, and 41 to 44 of this
    Appendix] shall be known as the "Trading with the enemy (!1) Act."


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

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


-End-



-CITE-
    50 USC APPENDIX Sec. 2                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 2. Definitions

-STATUTE-
      The word "enemy," as used herein, shall be deemed to mean, for
    the purposes of such trading and of this Act [sections 1 to 6, 7 to
    39, and 41 to 44 of this Appendix] - 
      (a) Any individual, partnership, or other body of individuals, of
    any nationality, resident within the territory (including that
    occupied by the military and naval forces) of any nation with which
    the United States is at war, or resident outside the United States
    and doing business within such territory, and any corporation
    incorporated within such territory of any nation with which the
    United States is at war or incorporated within any country other
    than the United States and doing business within such territory.
      (b) The government of any nation with which the United States is
    at war, or any political or municipal subdivision thereof, or any
    officer, official, agent, or agency thereof.
      (c) Such other individuals, or body or class of individuals, as
    may be natives, citizens, or subjects of any nation with which the
    United States is at war, other than citizens of the United States,
    wherever resident or wherever doing business, as the President, if
    he shall find the safety of the United States or the successful
    prosecution of the war shall so require, may, by proclamation,
    include within the term "enemy."
      The words "ally of enemy," as used herein, shall be deemed to
    mean - 
      (a) Any individual, partnership, or other body of individuals, of
    any nationality, resident within the territory (including that
    occupied by the military and naval forces) of any nation which is
    an ally of a nation with which the United States is at war, or
    resident outside the United States and doing business within such
    territory, and any corporation incorporated within such territory
    of such ally nation, or incorporated within any country other than
    the United States and doing business within such territory.
      (b) The government of any nation which is an ally of a nation
    with which the United States is at war, or any political or
    municipal subdivision of such ally nation, or any officer,
    official, agent, or agency thereof.
      (c) Such other individuals, or body or class of individuals, as
    may be natives, citizens, or subjects of any nation which is an
    ally of a nation with which the United States is at war, other than
    citizens of the United States, wherever resident or wherever doing
    business, as the President, if he shall find the safety of the
    United States or the successful prosecution of the war shall so
    require, may, by proclamation, include within the term "ally of
    enemy."
      The word "person," as used herein, shall be deemed to mean an
    individual, partnership, association, company, or other
    unincorporated body of individuals, or corporation or body politic.
      The words "United States," as used herein, shall be deemed to
    mean all land and water, continental or insular, in any way within
    the jurisdiction of the United States or occupied by the military
    or naval forces thereof.
      The words "the beginning of the war," as used herein, shall be
    deemed to mean midnight ending the day on which Congress has
    declared or shall declare war or the existence of a state of war.
      The words "end of the war," as used herein, shall be deemed to
    mean the date of proclamation of exchange of ratifications of the
    treaty of peace, unless the President shall, by proclamation,
    declare a prior date, in which case the date so proclaimed shall be
    deemed to be the "end of the war" within the meaning of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].
      The words "bank or banks," as used herein, shall be deemed to
    mean and include national banks, State banks, trust companies, or
    other banks or banking associations doing business under the laws
    of the United States, or of any State of the United States.
      The words "to trade," as used herein, shall be deemed to mean - 
      (a) Pay, satisfy, compromise, or give security for the payment or
    satisfaction of any debt or obligation.
      (b) Draw, accept, pay, present for acceptance or payment, or
    indorse any negotiable instrument or chose in action.
      (c) Enter into, carry on, complete, or perform any contract,
    agreement, or obligation.
      (d) Buy or sell, loan or extend credit, trade in, deal with,
    exchange, transmit, transfer, assign, or otherwise dispose of, or
    receive any form of property.
      (e) To have any form of business or commercial communication or
    intercourse with.

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


-MISC1-
               WORLD WAR I PROCLAMATIONS ENUMERATING ENEMIES           
      The following Presidential Proclamations issued during World War
    I declared the partnerships and persons enumerated therein to be
    "enemies":
        Proc. Feb. 5, 1918, 40 Stat. 1745.
        Proc. May 31, 1918, 40 Stat. 1786.
        Proc. Aug. 10, 1918, 40 Stat. 1833.
        Proc. Aug. 14, 1918, 40 Stat. 1837.
        Proc. Nov. 29, 1918, 40 Stat. 1899.

-End-



-CITE-
    50 USC APPENDIX Sec. 3                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 3. Acts prohibited

-STATUTE-
      It shall be unlawful - 
      (a) For any person in the United States, except with the license
    of the President, granted to such person, or to the enemy, or ally
    of enemy, as provided in this Act [sections 1 to 6, 7 to 39, and 41
    to 44 of this Appendix] to trade, or attempt to trade, either
    directly or indirectly, with, to, or from, or for, or on account
    of, or on behalf of, or for the benefit of, any other person, with
    knowledge or reasonable cause to believe that such other person is
    an enemy or ally of enemy, or is conducting or taking part in such
    trade, directly or indirectly, for, or on account of, or on behalf
    of, or for the benefit of, an enemy or ally of enemy.
      (b) For any person, except with the license of the President, to
    transport or attempt to transport into or from the United States,
    or for any owner, master, or other person in charge of a vessel of
    American registry to transport or attempt to transport from any
    place to any other place, any subject or citizen of an enemy or
    ally of enemy nation, with knowledge or reasonable cause to believe
    that the person transported or attempted to be transported is such
    subject or citizen.
      (c) For any person (other than a person in the service of the
    United States Government or of the Government of any nation, except
    that of an enemy or ally of enemy nation, and other than such
    persons or classes of persons as may be exempted hereunder by the
    President or by such person as he may direct), to send, or take out
    of, or bring into, or attempt to send, or take out of, or bring
    into the United States, any letter or other writing or tangible
    form of communication, except in the regular course of the mail;
    and it shall be unlawful for any person to send, take, or transmit,
    or attempt to send, take, or transmit out of the United States, any
    letter or other writing, book, map, plan, or other paper, picture,
    or any telegram, cablegram, or wireless message, or other form of
    communication intended for or to be delivered, directly or
    indirectly, to an enemy or ally of enemy: Provided, however, That
    any person may send, take, or transmit out of the United States
    anything herein forbidden if he shall first submit the same to the
    President, or to such officer as the President may direct, and
    shall obtain the license or consent of the President, under such
    rules and regulations, and with such exemptions, as shall be
    prescribed by the President.
      (d) Whenever, during the present war, the President shall deem
    that the public safety demands it, he may cause to be censored
    under such rules and regulations as he may from time to time
    establish, communications by mail, cable, radio, or other means of
    transmission passing between the United States and any foreign
    country he may from time to time specify, or which may be carried
    by any vessel or other means of transportation touching at any
    port, place, or territory of the United States and bound to or from
    any foreign country. Any person who willfully evades or attempts to
    evade the submission of any such communication to such censorship
    or willfully uses or attempts to use any code or other device for
    the purpose of concealing from such censorship the intended meaning
    of such communication shall be punished as provided in section
    sixteen of this Act [section 16 of this Appendix].

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


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Delegation of President's powers under subsec. (a) of this
    section to Secretary of the Treasury and Alien Property Custodian;
    and transfer of Alien Property Custodian's powers to Attorney
    General, see Ex. Ord. Nos. 9095 and 9788, set out under section 6
    of this Appendix.
      Powers conferred upon President by subsec. (a) of this section
    delegated to Secretary of the Treasury by Memorandum of the
    President dated Feb. 12, 1942, 7 F.R. 1409.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 4                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 4. Licenses to enemy or ally of enemy insurance or reinsurance
      companies; change of name; doing business in United States

-STATUTE-
      (a) Every enemy or ally of enemy insurance or reinsurance
    company, and every enemy or ally of enemy, doing business within
    the United States through an agency or branch office, or otherwise,
    may within thirty days after the passage of this Act [Oct. 6,
    1917], apply to the President for a license to continue to do
    business; and, within thirty days after such application, the
    President may enter an order either granting or refusing to grant
    such license. The license, if granted, may be temporary or
    otherwise, and for such period of time, and may contain such
    provisions and conditions regulating the business, agencies,
    managers and trustees and the control and disposition of the funds
    of the company, or of such enemy or ally of enemy, as the President
    shall deem necessary for the safety of the United States; and any
    license granted hereunder may be revoked or regranted or renewed in
    such manner and at such times as the President shall determine:
    Provided, however, That reasonable notice of his intent to refuse
    to grant a license or to revoke a license granted to any
    reinsurance company shall be given by him to all insurance
    companies incorporated within the United States and known to the
    President to be doing business with such reinsurance company:
    Provided further, That no insurance company, organized within the
    United States, shall be obligated to continue any existing
    contract, entered into prior to the beginning of the war, with any
    enemy or ally of enemy insurance or reinsurance company, but any
    such company may abrogate and cancel any such contract by serving
    thirty days' notice in writing upon the President of its election
    to abrogate such contract.
      For a period of thirty days after the passage of this Act [Oct.
    6, 1917], and further pending the entry of such order by the
    President, after application made by any enemy or ally of enemy
    insurance or reinsurance company, within such thirty days as above
    provided, the provisions of the President's proclamation of April
    sixth, nineteen hundred and seventeen, relative to agencies in the
    United States of certain insurance companies, as modified by the
    provisions of the President's proclamation of July thirteenth,
    nineteen hundred and seventeen, relative to marine and war-risk
    insurance, shall remain in full force and effect so far as it
    applies to such German insurance companies, and the conditions of
    said proclamation of April sixth, nineteen hundred and seventeen,
    as modified by said proclamation of July thirteenth, nineteen
    hundred and seventeen, shall also during said period of thirty days
    after the passage of this Act [Oct. 6, 1917], and pending the order
    of the President as herein provided, apply to any enemy or ally of
    enemy insurance or reinsurance company, anything in this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] to the
    contrary notwithstanding. It shall be unlawful for any enemy or
    ally of enemy insurance or reinsurance company, to whom license is
    granted, to transmit out of the United States any funds belonging
    to or held for the benefit of such company or to use any such funds
    as the basis for the establishment directly or indirectly of any
    credit within or outside of the United States to, or for the
    benefit of, or on behalf of, or on account of, an enemy or ally of
    enemy.
      For a period of thirty days after the passage of this Act [Oct.
    6, 1917], and further pending the entry of such order by the
    President, after application made within such thirty days by any
    enemy or ally of enemy, other than an insurance or reinsurance
    company as above provided, it shall be lawful for such enemy or
    ally of enemy to continue to do business in this country and for
    any person to trade with, to, from, for, on account of, on behalf
    of or for the benefit of such enemy or ally of enemy, anything in
    this Act [said sections] to the contrary notwithstanding: Provided,
    however, That the provisions of sections three and sixteen hereof
    [sections 3 and 16 of this Appendix] shall apply to any act or
    attempted act of transmission or transfer of money or other
    property out of the United States and to the use or attempted use
    of such money or property as the basis for the establishment of any
    credit within or outside of the United States to, or for the
    benefit of, or on behalf of, or on account of, an enemy or ally of
    enemy.
      If no license is applied for within thirty days after the passage
    of this Act [Oct. 6, 1917], or if a license shall be refused to any
    enemy or ally of enemy, whether insurance or reinsurance company,
    or other person, making application, or if any license granted
    shall be revoked by the President, the provisions of sections three
    and sixteen hereof [sections 3 and 16 of this Appendix] shall
    forthwith apply to all trade or to any attempt to trade with, to,
    from, for, buy, on account of, or on behalf of, or for the benefit
    of such company or other person: Provided, however, That after such
    refusal or revocation, anything in this Act [said sections] to the
    contrary notwithstanding, it shall be lawful for a policyholder or
    for an insurance company, not an enemy or ally of enemy, holding
    insurance or having effected reinsurance in or with such enemy or
    ally of enemy insurance or reinsurance company, to receive payment
    of, and for such enemy or ally of enemy insurance or reinsurance
    company to pay any premium, return premium, claim, money, security,
    or other property due or which may become due on or in respect to
    such insurance or reinsurance in force at the date of such refusal
    or revocation of license; and nothing in this Act [said sections]
    shall vitiate or nullify then existing policies or contracts of
    insurance or reinsurance, or the conditions thereof; and any such
    policyholder or insurance company, not an enemy or ally of enemy,
    having any claim to or upon money or other property of the enemy or
    ally of enemy insurance or reinsurance company in the custody or
    control of the alien property custodian, hereinafter provided for,
    or of the Treasurer of the United States, may make application for
    the payment thereof and may institute suit as provided in section
    nine hereof [section 9 of this Appendix].
      (b) During the present war, no enemy, or ally of enemy, and no
    partnership of which he is a member or was a member at the
    beginning of the war, shall for any purpose assume or use any name
    other than that by which such enemy or partnership was ordinarily
    known at the beginning of the war, except under license from the
    President.
      Whenever, during the present war, in the opinion of the President
    the public safety or public interest requires, the President may
    prohibit any or all foreign insurance companies from doing business
    in the United States, or the President may license such company or
    companies to do business upon such terms as he may deem proper.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Proclamation of April 6, 1917, 40 Stat. 1654, and Proclamation of
    July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), are set
    out below.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-EXEC-
                       PROCLAMATION OF APRIL 6, 1917                   


-MISC1-
                               40 STAT. 1654                           
      WHEREAS, certain insurance companies, incorporated under the laws
    of the German Empire, have been admitted to transact the business
    of insurance in various States of the United States, by means of
    separate United States branches established pursuant to the laws of
    such States, and are now engaged in business under the supervision
    of the Insurance Departments thereof, with assets in the United
    States deposited with Insurance Departments or in the hands of
    resident trustees, citizens of the United States, for the
    protection of all policyholders in the United States;
      AND WHEREAS, the interests of the citizens of the United States
    in the protection afforded by such insurance are of great
    magnitude, so that it is deemed to be important that the agencies
    of such companies in the United States be permitted to continue in
    business;
      NOW, THEREFORE, I, WOODROW WILSON, President of the United States
    of America, by virtue of the powers vested in me as such, hereby
    declare and proclaim that such branch establishments of German
    insurance companies now engaged in the transaction of business in
    the United States pursuant to the laws of the several States are
    hereby authorized and permitted to continue the transaction of
    their business in accordance with the laws of such States in the
    same manner and to the same extent as though a state of war did not
    now exist; provided, however, that all funds of such establishments
    now in the possession of their managers or agents, or which shall
    hereafter come into their possession, shall be subject to such
    rules and regulations concerning the payment and disposition
    thereof as shall be prescribed by the insurance supervising
    officials of the State in which the principal office of such
    establishment in the United States is located, but in no event
    shall any funds belonging to or held for the benefit of such
    companies be transmitted outside of the United States nor be used
    as the basis for the establishment directly or indirectly of any
    credit within or outside of the United States to or for the benefit
    or use of the enemy or any of his allies without the permission of
    this Government.


-EXEC-
                       PROCLAMATION OF JULY 13, 1917                   


-MISC2-
                               40 STAT. 1684                           
      WHEREAS, certain insurance companies, incorporated under the laws
    of the German Empire, have been admitted to transact the business
    of marine and war risk insurance in various States of the United
    States, by means of separate United States branches established
    pursuant to the laws of such States, and are now engaged in such
    business under the supervision of the Insurance Departments
    thereof, with assets in the United States deposited with Insurance
    Departments or in the hands of resident trustees, citizens of the
    United States, for the protection of all policyholders in the
    United States;
      AND WHEREAS, the nature of marine and war risk insurance is such
    that those conducting it must of necessity be in touch with the
    movements of ships and cargoes, and it has been considered by the
    Government of great importance that this information should not be
    obtained by alien enemies;
      NOW, THEREFORE, I, WOODROW WILSON, President of the United States
    of America, by virtue of the powers vested in me as such, hereby
    declare and proclaim that such branch establishments of German
    insurance companies now engaged in the transaction of business in
    the United States pursuant to the laws of the several States are
    hereby prohibited from continuing the transaction of the business
    of marine and war risk insurance either as direct insurers or re-
    insurers; and all individuals, firms, and insurance companies
    incorporated under the laws of any of the States or Territories of
    the United States, or of any foreign country, and established
    pursuant to the laws of such States and now engaged in the United
    States in the business of marine and war risk insurance either as
    direct insurers or re-insurers are hereby prohibited from
    reinsuring with companies incorporated under the laws of the German
    Empire, no matter where located; and all persons in the United
    States are prohibited from insuring against marine or war risks
    with insurance companies incorporated under the laws of the German
    Empire or with individuals, firms, and insurance companies
    incorporated under the laws of any of the States or Territories of
    the United States or of any foreign country and now engaged in the
    business of marine or war risk insurance in the United States,
    which re-insure business originating in the United States with
    companies incorporated under the laws of the German Empire, no
    matter where located.
      The foregoing prohibitions shall extend and operate as to all
    existing contracts for insurance and re-insurance which are hereby
    suspended for the period of the war, except that they shall not
    operate to vitiate or prevent the insurance or re-insurance of, and
    the payment or receipt of, premiums on insurance or re-insurance
    under existing contracts on vessels or interest at risk on the date
    of this proclamation, and such insurance or re-insurance, if for a
    voyage, shall continue in force until arrival at destination, and
    if for time, until thirty days from the date of this proclamation.

-End-



-CITE-
    50 USC APPENDIX Sec. 5                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 5. Suspension of provisions relating to ally of enemy;
      regulation of transactions in foreign exchange of gold or silver,
      property transfers, vested interests, enforcement and penalties

-STATUTE-
      (a) The President, if he shall find it compatible with the safety
    of the United States and with the successful prosecution of the
    war, may, by proclamation, suspend the provisions of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] so far as
    they apply to an ally of enemy, and he may revoke or renew such
    suspension from time to time; and the President may grant licenses,
    special or general, temporary or otherwise, and for such period of
    time and containing such provisions and conditions as he shall
    prescribe, to any person or class of persons to do business as
    provided in subsection (a) of section four hereof [section 4(a) of
    this Appendix], and to perform any act made unlawful without such
    license in section three hereof [section 3 of this Appendix], and
    to file and prosecute applications under subsection (b) of section
    ten hereof [section 10(b) of this Appendix]; and he may revoke or
    renew such licenses from time to time, if he shall be of opinion
    that such grant or revocation or renewal shall be compatible with
    the safety of the United States and with the successful prosecution
    of the war; and he may make such rules and regulations, not
    inconsistent with law, as may be necessary and proper to carry out
    the provisions of this Act [said sections]; and the President may
    exercise any power or authority conferred by this Act [said
    sections] through such officer or officers as he shall direct.
      If the President shall have reasonable cause to believe that any
    act is about to be performed in violation of section three hereof
    [section 3 of this Appendix] he shall have authority to order the
    postponement of the performance of such act for a period not
    exceeding ninety days, pending investigation of the facts by him.
      (b)(1) During the time of war, the President may, through any
    agency that he may designate, and under such rules and regulations
    as he may prescribe, by means of instructions, licenses, or
    otherwise - 
        (A) investigate, regulate, or prohibit, any transactions in
      foreign exchange, transfers of credit or payments between, by,
      through, or to any banking institution, and the importing,
      exporting, hoarding, melting, or earmarking of gold or silver
      coin or bullion, currency or securities, and
        (B) investigate, regulate, direct and compel, nullify, void,
      prevent or prohibit, any acquisition holding, withholding, use,
      transfer, withdrawal, transportation, importation or exportation
      of, or dealing in, or exercising any right, power, or privilege
      with respect to, or transactions involving, any property in which
      any foreign country or a national thereof has any interest,

    by any person, or with respect to any property, subject to the
    jurisdiction of the United States; and any property or interest of
    any foreign country or national thereof shall vest, when, as, and
    upon the terms, directed by the President, in such agency or person
    as may be designated from time to time by the President, and upon
    such terms and conditions as the President may prescribe such
    interest or property shall be held, used, administered, liquidated,
    sold, or otherwise dealt with in the interest of and for the
    benefit of the United States, and such designated agency or person
    may perform any and all acts incident to the accomplishment or
    furtherance of these purposes; and the President shall, in the
    manner hereinabove provided, require any person to keep a full
    record of, and to furnish under oath, in the form of reports or
    otherwise, complete information relative to any act or transaction
    referred to in this subdivision either before, during, or after the
    completion thereof, or relative to any interest in foreign
    property, or relative to any property in which any foreign country
    or any national thereof has or has had any interest, or as may be
    otherwise necessary to enforce the provisions of this subdivision,
    and in any case in which a report could be required, the President
    may, in the manner hereinabove provided, require the production, or
    if necessary to the national security or defense, the seizure, of
    any books of account, records, contracts, letters, memoranda, or
    other papers, in the custody or control of such person.
      (2) Any payment, conveyance, transfer, assignment, or delivery of
    property or interest therein, made to or for the account of the
    United States, or as otherwise directed, pursuant to this
    subdivision or any rule, regulation, instruction, or direction
    issued hereunder shall to the extent thereof be a full acquittance
    and discharge for all purposes of the obligation of the person
    making the same; and no person shall be held liable in any court
    for or in respect to anything done or omitted in good faith in
    connection with the administration of, or in pursuance of and in
    reliance on, this subdivision, or any rule, regulation,
    instruction, or direction issued hereunder.
      (3) As used in this subdivision the term "United States" means
    the United States and any place subject to the jurisdiction
    thereof: Provided, however, That the foregoing shall not be
    construed as a limitation upon the power of the President, which is
    hereby conferred, to prescribe from time to time, definitions, not
    inconsistent with the purposes of this subdivision, for any or all
    of the terms used in this subdivision. As used in this subdivision
    the term "person" means an individual, partnership, association, or
    corporation.
      (4) The authority granted to the President by this section does
    not include the authority to regulate or prohibit, directly or
    indirectly, the importation from any country, or the exportation to
    any country, whether commercial or otherwise, regardless of format
    or medium of transmission, of any information or informational
    materials, including but not limited to, publications, films,
    posters, phonograph records, photographs, microfilms, microfiche,
    tapes, compact disks, CD ROMs, artworks, and news wire feeds. The
    exports exempted from regulation or prohibition by this paragraph
    do not include those which are otherwise controlled for export
    under section 5 of the Export Administration Act of 1979 [section
    2404 of this Appendix], or under section 6 of that Act [section
    2405 of this Appendix] to the extent that such controls promote the
    nonproliferation or antiterrorism policies of the United States, or
    with respect to which acts are prohibited by chapter 37 of title
    18, United States Code.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 5, 40 Stat. 415; Sept. 24, 1918, ch.
    176, Sec. 5, 40 Stat. 966; Mar. 9, 1933, ch. 1, Sec. 2, 48 Stat. 1;
    May 7, 1940, ch. 185, Sec. 1, 54 Stat. 179; Dec. 18, 1941, ch. 593,
    title III, Sec. 301, 55 Stat. 839; Proc. No. 2695, eff. July 4,
    1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 95-223, title I, Secs.
    101(a), 102, 103(b), Dec. 28, 1977, 91 Stat. 1625, 1626; Pub. L.
    100-418, title II, Sec. 2502(a)(1), Aug. 23, 1988, 102 Stat. 1371;
    Pub. L. 103-236, title V, Sec. 525(b)(1), Apr. 30, 1994, 108 Stat.
    474.)

-COD-
                               CODIFICATION                           
      Words ", including the Philippine Islands, and the several courts
    of first instance of the Commonwealth of the Philippine Islands
    shall have jurisdiction in all cases, civil or criminal, arising
    under this subdivision in the Philippine Islands and concurrent
    jurisdiction with the district courts of the United States of all
    cases, civil or criminal, arising upon the high seas" following "to
    the jurisdiction thereof:" in subsec. (b)(3) were omitted upon the
    authority of 1946 Proc. No. 2695, which granted the Philippine
    Islands independence, and which was issued pursuant to section 1394
    of Title 22, Foreign Relations and Intercourse. Proc. No. 2695 is
    set out as a note under section 1394 of Title 22.
      Subsec. (b) is also classified to section 95a of Title 12, Banks
    and Banking.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(4). Pub. L. 103-236 amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The
    authority granted to the President in this subsection does not
    include the authority to regulate or prohibit, directly or
    indirectly, the importation from any country, or the exportation to
    any country, whether commercial or otherwise, of publications,
    films, posters, phonograph records, photographs, microfilms,
    microfiche, tapes, or other informational materials, which are not
    otherwise controlled for export under section 5 of the Export
    Administration Act of 1979 or with respect to which no acts are
    prohibited by chapter 37 of title 18, United States Code."
      1988 - Subsec. (b)(4). Pub. L. 100-418 added par. (4).
      1977 - Subsec. (b)(1). Pub. L. 95-223, Secs. 101(a), 102,
    substituted "During the time of war, the President may, through any
    agency that he may designate, and under such rules and regulations"
    for "During the time of war or during any other period of national
    emergency declared by the President, the President may, through any
    agency, that he may designate, or otherwise, and under such rules
    and regulations" in provisions preceding subpar. (A), and, in
    provisions following subpar. (B), struck out "; and the President
    may, in the manner hereinabove provided, take other and further
    measures not inconsistent herewith for the enforcement of this
    subdivision" after "control of such person".
      Subsec. (b)(3). Pub. L. 95-22, Sec. 103(b), struck out provisions
    that whoever willfully violated any of the provisions of this
    subdivision or of any license, order, rule, or regulation issued
    thereunder, could be fined not more than $10,000, or, if a natural
    person, could be imprisoned for not more than ten years, or both;
    and that any officer, director, or agent of any corporation who
    knowingly participated in that violation could be punished by a
    like fine, imprisonment, or both.
      1941 - Subsec. (b). Act Dec. 18, 1941, considerably broadened the
    powers of the President to take, administer, control, use and
    liquidate foreign-owned property and added a flexibility of control
    which enabled the President and the agencies designated by him to
    cope with the problems surrounding alien property, its ownership or
    control, on the basis of the particular facts in each case.
      1940 - Subsec. (b). Act May 7, 1940, included dealings in
    evidences of indebtedness or ownership of property in which foreign
    states, nationals or political subdivisions thereof have an
    interest.
      1933 - Subsec. (b). Act Mar. 9, 1933, among other things,
    extended President's power to any time of war national emergency,
    permitted regulations to be issued by any agency designated by
    President, provided for furnishing under oath of complete
    information relative to transactions under the subsection, and
    placed sanctions on violations to the extent of a $10,000 fine or
    ten years imprisonment.
      1918 - Subsec. (b). Act Sept. 24, 1918, inserted provisions
    relating to hoarding or melting of gold or silver coin or bullion
    or currency and to regulation of transactions in bonds or
    certificates of indebtedness.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Delegation of President's powers under subsec. (b) of this
    section to Secretary of the Treasury and Alien Property Custodian;
    and transfer of Alien Property Custodian's powers to Attorney
    General, see Ex. Ord. Nos. 9095 and 9788, set out under section 6
    of this Appendix.
      Powers conferred upon President by subsec. (b) of this section
    delegated to Secretary of the Treasury by Memorandum of President
    dated Feb. 12, 1942, 7 F.R. 1409.


-MISC2-
              LIMITATION ON EXERCISE OF EMERGENCY AUTHORITIES          
      Section 525(b)(2) of Pub. L. 103-236 provided that: "The
    authorities conferred upon the President by section 5(b) of the
    Trading With the Enemy Act [subsec. (b) of this section], which
    were being exercised with respect to a country on July 1, 1977, as
    a result of a national emergency declared by the President before
    such date, and are being exercised on the date of the enactment of
    this Act [Apr. 30, 1994], do not include the authority to regulate
    or prohibit, directly or indirectly, any activity which, under
    section 5(b)(4) of the Trading With the Enemy Act, as amended by
    paragraph (1) of this subsection, may not be regulated or
    prohibited."
      Section 2502(a)(2) of Pub. L. 100-418 provided that: "The
    authorities conferred upon the President by section 5(b) of the
    Trading With the Enemy Act [subsec. (b) of this section], which
    were being exercised with respect to a country on July 1, 1977, as
    a result of a national emergency declared by the President before
    such date, and are being exercised on the date of the enactment of
    this Act [Aug. 23, 1988], do not include the authority to regulate
    or prohibit, directly or indirectly, any activity which, under
    section 5(b)(4) of the Trading With the Enemy Act, as added by
    paragraph (1) of this subsection, may not be regulated or
    prohibited."

     EXTENSION AND TERMINATION OF NATIONAL EMERGENCY POWERS UNDER THE
                        TRADING WITH THE ENEMY ACT
      Section 101(b), (c) of Pub. L. 95-223 provided that:
      "(b) Notwithstanding the amendment made by subsection (a)
    [amending subsec. (b)(1) of this section], the authorities
    conferred upon the President by section 5(b) of the Trading With
    the Enemy Act [subsec. (b) of this section], which were being
    exercised with respect to a country on July 1, 1977, as a result of
    a national emergency declared by the President before such date,
    may continue to be exercised with respect to such country, except
    that, unless extended, the exercise of such authorities shall
    terminate (subject to the savings provisions of the second sentence
    of section 101(a) of the National Emergencies Act [section 1601(a)
    of this title]) at the end of the two-year period beginning on the
    date of enactment of the National Emergencies Act [Sept. 14, 1976].
    The President may extend the exercise of such authorities for one-
    year periods upon a determination for each such extension that the
    exercise of such authorities with respect to such country for
    another year is in the national interest of the United States.
      "(c) The termination and extension provisions of subsection (b)
    of this section supersede the provisions of section 101(a) [section
    1601(a) of this title] and of title II [section 1621 et seq. of
    this title] of the National Emergencies Act to the extent that the
    provisions of subsection (b) of this section are inconsistent with
    those provisions."

    EXTENSION OF THE EXERCISE OF CERTAIN AUTHORITIES UNDER THE TRADING
                            WITH THE ENEMY ACT
      Determination of President of the United States, No. 2005-35,
    Sept. 12, 2005, 70 F.R. 54607, provided:
      Memorandum for the Secretary of State [and] the Secretary of the
    Treasury
      Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50
    U.S.C. App. 5(b) note), and a previous determination on September
    10, 2004 (69 Fed. Reg. 55497), the exercise of certain authorities
    under the Trading with the Enemy Act [sections 1 to 6, 7 to 39, and
    41 to 44 of this Appendix] is scheduled to terminate on September
    14, 2005.
      I hereby determine that the continuation for 1 year of the
    exercise of those authorities with respect to the applicable
    countries is in the national interest of the United States.
      Therefore, pursuant to the authority vested in me by section
    101(b) of Public Law 95-223, I continue for 1 year, until September
    14, 2006, the exercise of those authorities with respect to
    countries affected by:
      (1) the Foreign Assets Control Regulations, 31 C.F.R. part 500;
      (2) the Transaction Control Regulations, 31 C.F.R. part 505; and
      (3) the Cuban Assets Control Regulations, 31 C.F.R. part 515.
      The Secretary of the Treasury is authorized and directed to
    publish this determination in the Federal Register.
                                                         George W. Bush.

      Prior extensions were contained in the following:
      Determination of President of the United States, No. 2004-45,
    Sept. 10, 2004, 69 F.R. 55497.
      Determination of President of the United States, No. 2003-36,
    Sept. 12, 2003, 68 F.R. 54325.
      Determination of President of the United States, No. 02-31, Sept.
    13, 2002, 67 F.R. 58681.
      Determination of President of the United States, No. 2001-26,
    Sept. 12, 2001, 66 F.R. 47943.
      Determination of President of the United States, No. 2000-29,
    Sept. 12, 2000, 65 F.R. 55883.
      Determination of President of the United States, No. 99-36, Sept.
    10, 1999, 64 F.R. 51885.
      Determination of President of the United States, No. 98-35, Sept.
    11, 1998, 63 F.R. 50455.
      Determination of President of the United States, No. 97-32, Sept.
    12, 1997, 62 F.R. 48729.
      Determination of President of the United States, No. 96-43, Aug.
    27, 1996, 61 F.R. 46529.
      Determination of President of the United States, No. 95-41, Sept.
    8, 1995, 60 F.R. 47659.
      Determination of President of the United States, No. 94-46, Sept.
    8, 1994, 59 F.R. 47229.
      Determination of President of the United States, No. 93-38, Sept.
    13, 1993, 58 F.R. 51209.
      Determination of President of the United States, No. 92-45, Aug.
    28, 1992, 57 F.R. 43125.
      Determination of President of the United States, No. 91-52, Sept.
    13, 1991, 56 F.R. 48415.
      Determination of President of the United States, No. 90-38, Sept.
    5, 1990, 55 F.R. 37309.
      Determination of President of the United States, No. 89-25, Aug.
    28, 1989, 54 F.R. 37089.
      Determination of President of the United States, No. 88-22, Sept.
    8, 1988, 53 F.R. 35289.
      Memorandum of President of the United States, Aug. 27, 1987, 51
    F.R. 33397.
      Memorandum of President of the United States, Aug. 20, 1986, 51
    F.R. 30201.
      Memorandum of President of the United States, Sept. 5, 1985, 50
    F.R. 36563.
      Memorandum of President of the United States, Sept. 11, 1984, 49
    F.R. 35927.
      Memorandum of President of the United States, Sept. 7, 1983, 48
    F.R. 40695.
      Memorandum of President of the United States, Sept. 8, 1982, 47
    F.R. 39797.
      Memorandum of President of the United States, Sept. 10, 1981, 46
    F.R. 45321.
      Memorandum of President of the United States, Sept. 8, 1980, 45
    F.R. 59549.
      Memorandum of President of the United States, Sept. 12, 1979, 44
    F.R. 53153.
      Memorandum of President of the United States, Sept. 8, 1978, 43
    F.R. 40449.

                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

                          APPROVAL OF REGULATIONS                      
      Act Mar. 9, 1933, ch. 1, title I, Sec. 1, 48 Stat. 1, provided
    that: "The actions, regulations, rules, licenses, orders and
    proclamations heretofore or hereafter taken, promulgated, made, or
    issued by the President of the United States or the Secretary of
    the Treasury since March 4, 1933, pursuant to the authority
    conferred by subdivision (b) of section 5 of the act of October 6,
    1917, as amended [section 5(b) of this Appendix], are hereby
    approved and confirmed."


-EXEC-
                             EXECUTIVE ORDERS                         
      Ex. Ord. No. 6260, as amended, respecting hoarding, export, and
    earmarking of gold coin, bullion, or currency and transactions in
    foreign exchange; Ex. Ord. No. 6560, as amended, respecting
    transactions in foreign exchange, transfers of credit, and export
    of coin and currency; Ex. Ord. No. 8389, as amended, regulating
    transactions in foreign exchange and foreign-owned property and
    providing for the reporting of all foreign-owned property; Ex. Ord.
    No. 9747, respecting continuance of functions of Alien Property
    Custodian and Treasury Department in Philippines; Ex. Ord. No.
    9760, respecting diplomatic property of Germany and Japan; and Ex.
    Ord. No. 10348, continuing in force orders and regulations relating
    to blocked property, see notes set out under section 95a of Title
    12, Banks and Banking, and section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 6                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

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

-STATUTE-
      The President is authorized to appoint, prescribe the duties of,
    and fix the salary of an official to be known as the alien property
    custodian, who shall be empowered to receive all money and property
    in the United States due or belonging to an enemy, or ally of
    enemy, which may be paid, conveyed, transferred, assigned, or
    delivered to said custodian under the provisions of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]; and to
    hold, administer, and account for the same under the general
    direction of the President and as provided in this Act [said
    sections]. The President may further employ in the District of
    Columbia and elsewhere and fix the compensation of such clerks,
    attorneys, investigators, accountants, and other employees as he
    may find necessary for the due administration of the provisions of
    this Act [said sections]; Provided, That such clerks,
    investigators, accountants, and other employees shall be appointed
    from lists of eligibles to be supplied by the Civil Service
    Commission (!1) and in accordance with the civil-service law.


-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 6, 40 Stat. 415; Pub. L. 92-310, title
    II, Sec. 235, June 6, 1972, 86 Stat. 214; Pub. L. 94-273, Sec.
    11(5), Apr. 21, 1976, 90 Stat. 378; Pub. L. 100-418, title II, Sec.
    2501(b), Aug. 23, 1988, 102 Stat. 1371.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service law, referred to in text, is set forth in Title
    5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      Provisions that limited the salary of the alien property
    custodian to not more than $5,000 per annum have been omitted as
    obsolete and superseded. Sections 1202 and 1204 of the
    Classification Act of 1949, 63 Stat. 972, 973, repealed the
    Classification Act of 1923 and all other laws or parts of laws
    inconsistent with the 1949 Act. The Classification Act of 1949 was
    repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,
    and reenacted as chapter 51 and subchapter III of chapter 53 of
    Title 5, Government Organization and Employees. Section 5102 of
    Title 5 contains the applicability provisions of the 1949 Act, and
    section 5103 of Title 5 authorizes the Office of Personnel
    Management to determine the applicability to specific positions and
    employees.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 struck out before period at end ":
    Provided further, That the President shall cause a detailed report
    to be made to Congress on the first day of April of each year of
    all proceedings had under this Act during the year preceding. Such
    report shall contain a list of all persons appointed or employed,
    with the salary or compensation paid to each, and a statement of
    the different kinds of property taken into custody and the
    disposition made thereof".
      1976 - Pub. L. 94-273 substituted "April" for "January".
      1972 - Pub. L. 92-310 struck out provisions which required the
    Alien Property Custodian to give a bond.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by statute in United States Civil Service
    Commission transferred to Director of Office of Personnel
    Management (except as otherwise specified) by Reorg. Plan No. 2 of
    1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section
    1101 of Title 5, Government Organization and Employees, effective
    Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
      Reorg. Plan No. 1 of 1947, Sec. 101, eff. July 1, 1947, 12 F.R.
    4534, 61 Stat. 951, transferred functions vested by law in Alien
    Property Custodian or Office of Alien Property Custodian to
    Attorney General, except that those relating to property or
    interests in Philippines transferred to President. For text of this
    plan and provisions relating to transfer of records, property,
    personnel, and funds, see the text of the plan, set out in the
    Appendix to Title 5.
      Previous office of Alien Property Custodian abolished and
    functions and personnel transferred to Department of Justice by Ex.
    Ord. No. 6694, eff. July 1, 1934.


-MISC2-
           EXPENSES AND COMPENSATION OF ALIEN PROPERTY CUSTODIAN       
      Act May 16, 1928, ch. 580, Sec. 1, 45 Stat. 574, contained the
    following provision: "All expenses of the office of the Alien
    Property Custodian authorized by * * * [the Trading With the Enemy
    Act], including compensation of the Alien Property Custodian at not
    to exceed $10,000 per annum; shall be paid from interest and
    collections on trust funds and other properties under the control
    of such Custodian."

        REPORT TO CONGRESS; INCLUSION OF CLAIMS FILED UNDER SECTION
                       32(A)(2)(D) OF THIS APPENDIX
      Act Sept. 29, 1950, ch. 1108, Sec. 2, 64 Stat. 1081, provided
    that: "There shall be included in the report made to Congress
    pursuant to section 6 of the Trading With the Enemy Act, as amended
    [this section], a statement of (1) the names and nationalities of
    persons who have filed notice of claim for the return of any
    property or interest under section 1 of this Act [section
    32(a)(2)(D) of this Appendix], the date of the filing of such
    notice of claim, and the estimated value of the property or
    interest, and (2) the names and nationalities of persons to whom
    returns have been made of any property or interest under section 1
    of this Act [section 32(a)(2)(D) of this Appendix] and the value of
    such property or interest."


-EXEC-
                         EXECUTIVE ORDER NO. 9095                     
      Ex. Ord. No. 9095, Mar. 11, 1942, 7 F.R. 1971, as amended by Ex.
    Ord. No. 9193, July 6, 1942, 7 F.R. 5205; Ex. Ord. No. 9567, June
    8, 1945, 10 F.R. 6917, which established the Office of the World
    War II Alien Property Custodian and provided for the compensation,
    functions, etc., of the Alien Property Custodian, was revoked by
    Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

      EX. ORD. NO. 9142. TRANSFER OF CERTAIN FUNCTIONS, PROPERTY AND
     PERSONNEL FROM DEPARTMENT OF JUSTICE TO ALIEN PROPERTY CUSTODIAN
      Ex. Ord. No. 9142, Apr. 21, 1942, 7 F.R. 2985, provided:
      1. All authority, rights, privileges, powers, duties, and
    functions transferred or delegated to the Department of Justice, to
    be administered under the supervision of the Attorney General, by
    Executive Order No. 6694 of May 1, 1934, or vested in, transferred
    or delegated to, the Attorney General or the Assistant Attorney
    General in charge of the Claims Division of the Department of
    Justice, by Executive Order No. 8136 of May 15, 1939, are hereby
    transferred to the Alien Property Custodian provided for by
    Executive Order No. 9095, dated March 11, 1942.
      2. Subject to the provisions of paragraph 5 hereof, all property
    of the Alien Property Division of the Department of Justice,
    including records, files, supplies, furniture, and equipment, and
    all funds, securities, choses in action, real estate, patents,
    trade-marks, copyrights, and all other property of whatsoever kind,
    held or administered by the Attorney General under and pursuant to
    the Trading With the Enemy Act, as amended [sections 1 to 6, 7 to
    39, and 41 to 44 of this Appendix], are hereby transferred to the
    Alien Property Custodian, to be administered and disposed of under
    his supervision and direction.
      3. All administrative or general or other expenses of the Office
    of the Alien Property Custodian in the administration of the
    Trading With the Enemy Act, as amended [sections 1 to 6, 7 to 39,
    and 41 to 44 of this Appendix], including the administration of
    Executive Order No. 9095, may be paid out of any funds or other
    property transferred to the Alien Property Custodian hereunder,
    whether or not such expenses relate to the property transferred
    hereunder, or were incurred before or after March 11, 1942.
      4. The personnel of the Alien Property Division of the Department
    of Justice is hereby transferred to the Office of the Alien
    Property Custodian without loss of such civil service status or
    eligibility therefor as they may have.
      5. All litigation in which the Alien Property Custodian or the
    Office of the Alien Property Custodian is interested shall be
    conducted under the supervision of the Attorney General. The
    Department of Justice and the Attorney General shall from time to
    time render such advice on legal matters to the Alien Property
    Custodian and the Office of the Alien Property Custodian as the
    Attorney General and the Alien Property Custodian may from time to
    time agree upon. For the purpose of defraying such expenses as may
    be incurred by the Department of Justice or the Attorney General in
    the rendering of advice as aforesaid or in the conduct of
    litigation in which the Alien Property Custodian or the Office of
    Alien Property Custodian is interested, including expenses for
    salaries of personnel and all other charges, the Alien Property
    Custodian may from time to time make available out of the funds or
    other property in his possession or control such funds as the
    Attorney General and the Alien Property Custodian may from time to
    time agree to be necessary therefor. Nothing in this order shall be
    construed to require the Department of Justice to surrender
    possession of any files and records relating to any litigation
    heretofore or hereafter conducted by it.
      6. This order shall not be construed as modifying or limiting in
    any way the authority heretofore granted to the Federal Bureau of
    Investigation.
      7. This order shall remain in force during the continuance of the
    present war and for six months after the termination thereof.
      8. All prior Executive orders insofar as they are in conflict
    herewith are hereby superseded.
                                                  Franklin D. Roosevelt.

       EX. ORD. NO. 9325. PAYMENT OF EXPENSES OF THE OFFICE OF ALIEN
                            PROPERTY CUSTODIAN
      Ex. Ord. No. 9325, Apr. 7, 1943, 8 F.R. 1682, provided:
      1. Until it is otherwise provided, the Alien Property Custodian
    is authorized and empowered to pay out of any funds lawfully in his
    custody or under his control all necessary expenses incurred by the
    Office of Alien Property Custodian in carrying out the powers and
    duties vested in him pursuant to Title III of the First War Powers
    Act, 1941 [sections 616 to 618 of this Appendix], and the
    applicable orders issued thereunder. Such expenses shall be
    allocated and recovered as provided in section 2 hereof.
      2. The Alien Property Custodian is authorized to retain, allocate
    and recover, as a charge against any specific property or any other
    property of which the former owner of the specific property was
    divested, expenses attributable to such specific property with
    respect to which he has exercised or may hereafter exercise any
    power heretofore or hereafter conferred upon him. In addition to
    such expenses, the Alien Property Custodian is authorized to
    retain, allocate and recover at such time or times as he may deem
    practicable, as a charge against money or property in his custody
    or under his control, such amounts as may be necessary in
    connection with the general administrative expenses of the Office
    of Alien Property Custodian which have been or may be paid and
    which are not practicably allocable to a specific property.
      3. The power and authority herein granted shall not be limited by
    the filing of a claim or the institution of a suit relating to any
    property subject to the authority of the Alien Property Custodian.
      4. This order shall not be construed as a limitation upon or in
    derogation of any powers heretofore granted.
      5. The Office of Alien Property Custodian shall submit to the
    Bureau of the Budget [now the Office of Management and Budget] (a)
    prior to April 30, 1943, an estimate of general administrative
    expenses for the remainder of the current fiscal year, (b) prior to
    the end of the current and of each subsequent fiscal year, at such
    time as may be specified by the Director of the Bureau of the
    Budget, an estimate of such expenses for the succeeding fiscal
    year, and (c) any supplemental estimates of such expenses if and as
    the need arises. After April 30, 1943, no general administrative
    expenses authorized to be paid pursuant to this order shall be
    incurred or paid by the Office of Alien Property Custodian beyond
    the amounts approved by the Director of the Bureau of the Budget
    upon submissions as above set forth.
                                                  Franklin D. Roosevelt.

       EX. ORD. NO. 9747. FUNCTIONS OF ALIEN PROPERTY CUSTODIAN AND
               TREASURY DEPARTMENT CONTINUED IN PHILIPPINES
      Ex. Ord. No. 9747, July 3, 1946, 11 F.R. 7518, provided that the
    powers of the Alien Property Custodian under Ex. Ord. No. 9095,
    formerly set out above, should continue to be exercised in the
    Philippines after July 4, 1946. It also provided that the Secretary
    of the Treasury should continue to exercise his powers in the
    Philippines under Ex. Ord. No. 8389, eff. Apr. 10, 1940, set out as
    a note under section 95a of Title 12, Banks and Banking.

       EX. ORD. NO. 9760. AUTHORITY OF SECRETARY OF STATE REGARDING
                 DIPLOMATIC PROPERTY OF GERMANY AND JAPAN
      Ex. Ord. No. 9760, July 23, 1946, 11 F.R. 7999, provided:
      1. The Secretary of State is authorized and empowered as he deems
    necessary in the national interest to direct, manage, supervise, or
    control diplomatic and consular property within the United States
    owned or controlled by Germany or Japan, including all assets on
    the premises of such property.
      2. The Alien Property Custodian shall not exercise any power and
    authority conferred upon him by any other Executive order with
    respect to diplomatic and consular property within the United
    States owned or controlled by Germany or Japan except so far as the
    Secretary of State releases his authority over such diplomatic and
    consular property under this order and so notifies the Alien
    Property Custodian in writing.
      3. When the Secretary of State determines to exercise any power
    and authority conferred upon him by this order with respect to any
    property over which the Secretary of the Treasury is exercising any
    control and so notifies the Secretary of the Treasury in writing,
    the Secretary of the Treasury shall release all control of such
    property, except as authorized or directed by the Secretary of
    State.
      4. This order supersedes all conflicting provisions of prior
    Executive orders, including Executive Orders Nos. 8389, as amended
    [set out under section 95a of Title 12, Banks and Banking] and
    9095, as amended [set out above].
      5. The Secretary of State is authorized to prescribe from time to
    time regulations, rulings, and instructions to carry out the
    purposes of this order.
                                                         Harry S Truman.

      EX. ORD. NO. 9788. TERMINATION OF OFFICE OF WORLD WAR II ALIEN
        PROPERTY CUSTODIAN AND TRANSFERENCE OF ITS FUNCTIONS TO THE
                             ATTORNEY GENERAL
      Ex. Ord. No. 9788, Oct. 14, 1946, 11 F.R. 11981, provided:
      1. The Office of Alien Property Custodian in the Office for
    Emergency Management of the Executive Office of the President,
    established by Executive Order No. 9095 of March 11, 1942 [formerly
    set out above], is hereby terminated; and all authority, rights,
    privileges, powers, duties, and functions vested in such Office or
    in the Alien Property Custodian or transferred or delegated thereto
    are hereby vested in or transferred or delegated to the Attorney
    General, as the case may be, and shall be administered by him or
    under his direction and control by such officers and agencies of
    the Department of Justice as he may designate.
      2. All property or interests vested in or transferred to the
    Alien Property Custodian or seized by him, and all proceeds
    thereof, which are held or administered by him on the effective
    date of this order are hereby transferred to the Attorney General.
      3. All personnel, property, records, and funds of the Office of
    Alien Property Custodian are hereby transferred to the Department
    of Justice.
      4. This order supersedes all prior Executive orders to the extent
    that they are in conflict with this order.
      5. This order shall become effective on October 15, 1946.
                                                         Harry S Truman.

                         EXECUTIVE ORDER NO. 9818                     
      Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, formerly set out
    under section 1382 of Title 22, Foreign Relations and Intercourse,
    established the Philippine Alien Property Administration.

                         EXECUTIVE ORDER NO. 9989                     
      Ex. Ord. No. 9989, Aug. 20, 1948, 13 F.R. 4891, which transferred
    jurisdiction over blocked assets to the Attorney General, was
    superseded by Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, set
    out below.

                         EXECUTIVE ORDER NO. 10348                     
      Ex. Ord. No. 10348, Apr. 26, 1952, 17 F.R. 3769, which continued
    in force Ex. Ord. No. 9989, was superseded by Ex. Ord. No. 11281,
    May 13, 1966, 31 F.R. 7215, set out below.

     EX. ORD. NO. 11281. TRANSFERRING JURISDICTION OVER BLOCKED ASSETS
            FROM ATTORNEY GENERAL TO SECRETARY OF THE TREASURY
      Ex. Ord. No. 11281, May 13, 1966, 31 F.R. 7215, provided:
      WHEREAS before October 1, 1948, the Secretary of the Treasury
    administered the blocking controls and other restrictions over
    property and interests of certain foreign countries or their
    nationals that had been imposed, under the authority of section
    5(b) of the Trading with the Enemy Act, as amended (50 U.S.C. App.
    5(b)), by means of and under Executive Order No. 8389 of April 10,
    1940, as amended [set out under section 95a of Title 12, Banks and
    Banking]; and
      WHEREAS by Executive Order No. 9989 of August 20, 1948,
    jurisdiction over the property and interests which remained blocked
    or restricted under Executive Order No. 8389 on September 30, 1948,
    was transferred, effective October 1, 1948, to the Attorney General
    to aid him in carrying out his functions as successor to the Alien
    Property Custodian, including, among others, the function of
    vesting property pursuant to the provisions of the Trading with the
    Enemy Act, as amended [sections 1 to 6, 7 to 39,and 41 to 44 of
    this Appendix]; and
      WHEREAS by Executive Order No. 10644 of November 7, 1955
    [formerly set out under section 1631a of Title 22, Foreign
    Relations and Intercourse], the Attorney General was designated to
    carry out the functions of the President under Title II of the
    International Claims Settlement Act of 1949 (as added by the Act of
    August 9, 1955, Public Law 285, 84th Congress, 69 Stat. 562)
    [sections 1631 to 1631o of Title 22], including certain vesting and
    blocking functions required by section 202 of that Act (22 U.S.C.
    1631a), and the Attorney General, as designee of the President,
    exercises controls under Executive Order No. 8389 with respect to
    the net proceeds of certain property that are carried, pursuant to
    section 202, in blocked accounts with the Treasury; and
      WHEREAS the functions of vesting property under the Trading with
    the Enemy Act and under section 202 of the International Claims
    Settlement Act of 1949 have been terminated; and
      WHEREAS the blocking controls not exercised by the Attorney
    General under Executive Order No. 8389 are limited in application
    to property of Hungary or its nationals acquired on or before
    January 1, 1945; property of Czechoslovakia, Estonia, Latvia,
    Lithuania or nationals of those countries acquired on or before
    December 7, 1945; property of East Germany or its nationals
    acquired on or before December 31, 1946, and certain securities
    scheduled in General Rulings No. 5 and No. 5B, as amended (8 CFR
    511.205 and 511.205b); and
      WHEREAS the Office of Alien Property, through which the Attorney
    General carries out or has carried out the various responsibilities
    described above, will be abolished on or before June 30, 1966, and
    the Attorney General thereafter will not be in a position to
    administer blocking controls under Executive Order No. 8389
    efficiently; and
      WHEREAS in the interest of efficiency it is desirable to return
    to the Secretary of the Treasury jurisdiction over the property and
    interests remaining subject to such blocking controls:
      NOW, THEREFORE, by virtue of the authority vested in me by the
    Constitution and the laws of the United States, including the
    Trading with the Enemy Act, as amended [sections 1 to 6, 7 to 39,
    and 41 to 44 of this Appendix], Title II of the International
    Claims Settlement Act of 1949 and section 301 of Title 3 of the
    United States Code, and as President of the United States, it is
    hereby ordered as follows:
      Section 1. The authority granted to the Attorney General by
    Executive Order No. 9989 with respect to property and interests
    blocked or otherwise subject to restriction under Executive Order
    No. 8389 [set out under section 95a of Title 12, Banks and Banking]
    is hereby terminated and Executive Order No. 9989 [formerly set out
    above] is hereby superseded.
      Sec. 2. The Secretary of the Treasury shall hereafter be
    responsible for the administration of the controls exercisable
    under Executive Order No. 8389 [set out under section 95a of Title
    12, Banks and Banking] and he is authorized and directed to take
    such action as he may deem necessary with respect to any property
    or interest that remains blocked or restricted under Executive
    Order No. 8389 on the effective date of this order. In the
    performance of the functions and duties hereby reassigned to him,
    the Secretary of the Treasury may act personally or through any
    officer, person, agency or instrumentality designated by him.
      Sec. 3. All orders, regulations, rulings, instructions or
    licenses issued prior to the effective date of this order by the
    Attorney General or the Secretary of the Treasury with respect to
    any of the property or interests referred to in Section 2 shall
    continue in full force and effect except as hereafter amended,
    modified or revoked by the Secretary of the Treasury.
      Sec. 4. No person affected by any order, regulation, ruling,
    instruction, license or other action issued or taken by either the
    Attorney General or the Secretary of the Treasury in the
    administration of Executive Order No. 8389 may challenge the
    validity thereof or otherwise excuse any action, or failure to act,
    on the ground that it was within the jurisdiction of the Secretary
    of the Treasury rather than the Attorney General or vice versa.
      Sec. 5. Section 1 of Executive Order No. 10644 of November 7,
    1955 [formerly set out under section 1631a of Title 22, Foreign
    Relations and Intercourse], is hereby amended to read as follows:
      "Section 1. (a) With the exception of the functions referred to
    in subsection (b) of this section, the Attorney General, and, as
    designated by the Attorney General for this purpose, any Assistant
    Attorney General are hereby designated and empowered to perform the
    functions conferred by Title II of the International Claims
    Settlement Act of 1949 upon the President, and the functions
    conferred by that title upon any designee of the President.
      "(b) The Secretary of the Treasury, and any officer, person,
    agency or instrumentality designated by the Secretary of the
    Treasury for this purpose, as hereby designated and empowered to
    perform the functions conferred upon the President by section 202
    of Title II with respect to the release of blocked property and of
    the net proceeds of property that are carried in blocked accounts
    with the Treasury."
      Sec. 6. Executive Order No. 8389, this order and all delegations,
    designations, regulations, rulings, instructions and licenses
    issued or to be issued under Executive Order No. 8389 or this order
    are hereby continued in force according to their terms for the
    duration of the period of the national emergency proclaimed by
    Proclamation No. 2914 of December 16, 1950 [set out preceding
    section 1 of this Appendix]. Executive Order No. 10348 of April 26,
    1952 [formerly set out above] is hereby superseded.
      Sec. 7. Nothing in this order shall be deemed to revoke or limit
    any powers heretofore conferred on the Secretary of the Treasury by
    or under any statute or Executive order, or to revoke or limit any
    powers heretofore conferred upon the Attorney General by or under
    any statute or Executive order other than Executive Order No. 9989
    [formerly set out above] or No. 10644.
      Sec. 8. This order shall become effective at midnight, May 15,
    1966.
                                                      Lyndon B. Johnson.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 6a                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 6a. Incurment of expenses by Office of Alien Property
      Custodian

-STATUTE-
      After June 30, 1945, the Office of Alien Property Custodian shall
    not incur any obligations for the expenses of said Office except
    pursuant to a further annual authorization by the Congress
    specifically therefor.

-SOURCE-
    (Dec. 22, 1944, ch. 660, title I, 58 Stat. 855.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Trading with the enemy Act
    which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this
    Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

                      REPORT TO CONGRESS ON EXPENSES                  
      Act Dec. 22, 1944, ch. 660, title I, 58 Stat. 855, provided in
    part that on or before Apr. 1, 1945, the Alien Property Custodian
    make a report to the Appropriations Committees of the House and
    Senate giving detailed information on all administrative and
    nonadministrative expenses incurred in connection with the
    activities of the Office of Alien Property Custodian.

-End-



-CITE-
    50 USC APPENDIX Sec. 6b                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 6b. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 90-470, title II, Aug. 9, 1968, 82 Stat. 673,
    which authorized Attorney General to pay, out of certain funds or
    other property or interest, expenses incurred in carrying out
    Trading With the Enemy Act and International Claims Settlement Act,
    was from the Department of Justice Appropriation Act, 1969, and was
    not repeated in subsequent appropriation acts. Similar provisions
    were carried in the following prior appropriation acts:
      Nov. 8, 1967, Pub. L. 90-133, title II, 81 Stat. 416.
      Nov. 8, 1966, Pub. L. 89-797, title II, 80 Stat. 1484.
      Sept. 2, 1965, Pub. L. 89-164, title II, 79 Stat. 625.
      Aug. 31, 1964, Pub. L. 88-527, title II, 78 Stat. 716.
      Dec. 30, 1963, Pub. L. 88-245, title II, 77 Stat. 781.
      Oct. 18, 1962, Pub. L. 87-843, title II, 76 Stat. 1085.
      Sept. 21, 1961, Pub. L. 87-264, title II, 75 Stat. 550.
      Aug. 31, 1960, Pub. L. 86-678, title II, 74 Stat. 564.
      July 13, 1959, Pub. L. 86-84, title II, 73 Stat. 189.
      June 30, 1958, Pub. L. 85-474, title II, 72 Stat. 252.
      June 11, 1957, Pub. L. 85-49, title II, 71 Stat. 63.
      June 20, 1956, ch. 414, title II, 70 Stat. 308.
      July 7, 1955, ch. 279, title II, 69 Stat. 273.
      July 2, 1954, ch. 456, title II, 68 Stat. 421.
      Aug. 5, 1953, ch. 328, title II, 67 Stat. 375.
      July 10, 1952, ch. 651, title II, 66 Stat. 559.
      Oct. 22, 1951, ch. 533, title II, 65 Stat. 585.
      Sept. 6, 1950, ch. 896, Ch. III, title II, 64 Stat. 619.
      July 20, 1949, ch. 354, title II, 63 Stat. 461.

-End-



-CITE-
    50 USC APPENDIX Sec. 7                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 7. Lists of enemy or ally of enemy officers, directors or
      stockholders of corporations in United States; acts constituting
      trade with enemy prior to passage of Act; conveyance of property
      to custodian; voluntary payment to custodian by holder; acts
      under order, rule, or regulation

-STATUTE-
      (a) Every corporation incorporated within the United States, and
    every unincorporated association, or company, or trustee, or
    trustees within the United States, issuing shares or certificates
    representing beneficial interests, shall, under such rules and
    regulations as the President may prescribe and, within sixty days
    after the passage of this Act [Oct. 6, 1917] and at such other
    times thereafter as the President may require, transmit to the
    alien property custodian a full list, duly sworn to, of every
    officer, director, or stockholder known to be, or whom the
    representative of such corporation, association, company, or
    trustee has reasonable cause to believe to be an enemy or ally of
    enemy resident within the territory, or a subject or citizen
    residing outside of the United States, of any nation with which the
    United States is at war, or resident within the territory, or a
    subject or citizen residing outside of the United States, of any
    ally of any nation with which the United States is at war, together
    with the amount of stock or shares owned by each such officer,
    director, or stockholder, or in which he has any interest.
      The President may also require a similar list to be transmitted
    of all stock or shares owned on February third, nineteen hundred
    and seventeen, by any person now defined as an enemy or ally of
    enemy, or in which any such person had any interest; and he may
    also require a list to be transmitted of all cases in which said
    corporation, association, company, or trustee has reasonable cause
    to believe that the stock or shares on February third, nineteen
    hundred and seventeen, were owned or are owned by such enemy or
    ally of enemy, though standing on the books in the name of another:
    Provided, however, That the name of any such officer, director, or
    stockholder, shall be stricken permanently or temporarily from such
    list by the alien property custodian when he shall be satisfied
    that he is not such enemy or ally of enemy.
      Any person in the United States who holds or has or shall hold or
    have custody or control of any property beneficial or otherwise,
    alone or jointly with others, of, for, or on behalf of an enemy or
    ally of enemy, or of any person whom he may have reasonable cause
    to believe to be an enemy or ally of enemy and any person in the
    United States who is or shall be indebted in any way to an enemy or
    ally of enemy, or to any person whom he may have reasonable cause
    to believe to be an enemy or ally of enemy, shall, with such
    exceptions and under such rules and regulations as the President
    shall prescribe, and within thirty days after the passage of this
    Act [Oct. 6, 1917], or within thirty days after such property shall
    come within his custody or control, or after such debt shall become
    due, report the fact to the alien-property custodian by written
    statement under oath containing such particulars as said custodian
    shall require. The President may also require a similar report of
    all property so held, of, for, or on behalf of, and of all debts so
    owed to, any person now defined as an enemy or ally of enemy, on
    February third, nineteen hundred and seventeen: Provided, That the
    name of any person shall be stricken from the said report by the
    alien property custodian, either temporarily or permanently, when
    he shall be satisfied that such person is not an enemy or ally of
    enemy. The President may extend the time for filing the lists or
    reports required by this section for an additional period not
    exceeding ninety days.
      (b) Nothing in this Act [sections 1 to 6, 7 to 39, and 41 to 44
    of this Appendix] contained shall render valid or legal, or be
    construed to recognize as valid or legal, any act or transaction
    constituting trade with, to, from, for or on account of, or on
    behalf or for the benefit of an enemy performed or engaged in since
    the beginning of the war and prior to the passage of this Act [said
    sections] or any such act or transaction hereafter performed or
    engaged in except as authorized hereunder, which would otherwise
    have been or be void, illegal, or invalid at law. No conveyance,
    transfer, delivery, payment, or loan of money or other property, in
    violation of section three hereof [section 3 of this Appendix],
    made after the passage of this Act [Oct. 6, 1917] and not under
    license as herein provided shall confer or create any right or
    remedy in respect thereof; and no person shall by virtue of any
    assignment, indorsement, or delivery to him of any debt, bill,
    note, or other obligation or chose in action by, from, or on behalf
    of, or on account of, or for the benefit of an enemy or ally of
    enemy have any right or remedy against the debtor, obligor, or
    other person liable to pay, fulfill, or perform the same unless
    said assignment, indorsement, or delivery was made prior to the
    beginning of the war or shall be made under license as herein
    provided, or unless, if made after the beginning of the war and
    prior to the date of passage of this Act [Oct. 6, 1917], the person
    to whom the same was made shall prove lack of knowledge and of
    reasonable cause to believe on his part that the same was made by,
    from or on behalf of, or on account of, or for the benefit of an
    enemy or ally of enemy; and any person who knowingly pays,
    discharges, or satisfies any such debt, note, bill, or other
    obligation or chose in action shall, on conviction thereof, be
    deemed to violate section three hereof [section 3 of this
    Appendix]: Provided, That nothing in this Act [said sections]
    contained shall prevent the carrying out, completion, or
    performance of any contract, agreement, or obligation originally
    made with or entered into by an enemy or ally of enemy where, prior
    to the beginning of the war and not in contemplation thereof, the
    interest of such enemy or ally of enemy devolved by assignment or
    otherwise upon a person not an enemy or ally of enemy, and no enemy
    or ally of enemy will be benefited by such carrying out,
    completion, or performance otherwise than by release from
    obligation thereunder.
      Nothing in this Act [said sections] shall be deemed to prevent
    payment of money belonging or owing to an enemy or ally of enemy to
    a person within the United States not an enemy or ally of enemy,
    for the benefit of such person or of any other person within the
    United States, not an enemy or ally of enemy, if the funds so paid
    shall have been received prior to the beginning of the war and such
    payments arise out of transactions entered into prior to the
    beginning of the war, and not in contemplation thereof: Provided,
    That such payment shall not be made without the license of the
    President, general or special, as provided in this Act [said
    sections].
      Nothing in this Act [said sections] shall be deemed to authorize
    the prosecution of any suit or action at law or in equity in any
    court within the United States by an enemy or ally of enemy prior
    to the end of the war, except as provided in section ten hereof
    [section 10 of this Appendix]: Provided, however, That an enemy or
    ally of enemy licensed to do business under this Act [said
    sections] may prosecute and maintain any such suit or action so far
    as the same arises solely out of the business transacted within the
    United States under such license and so long as such license
    remains in full force and effect: And provided further, That an
    enemy or ally of enemy may defend by counsel any suit in equity or
    action at law which may be brought against him.
      Receipt of notice from the President to the effect that he has
    reasonable ground to believe that any person is an enemy or ally of
    enemy shall be prima facie defense to any one receiving the same,
    in any suit or action at law or in equity brought or maintained, or
    to any right or set-off or recoupment asserted by, such person and
    based on failure to complete or perform since the beginning of the
    war any contract or other obligation. In any prosecution under
    section sixteen hereof [section 16 of this Appendix] proof of
    receipt of notice from the President to the effect that he has
    reasonable cause to believe that any person is an enemy or ally of
    enemy shall be prima facie evidence that the person receiving such
    notice has reasonable cause to believe such other person to be an
    enemy or ally of enemy within the meaning of section three hereof
    [section 3 of this Appendix].
      (c) If the President shall so require any money or other property
    including (but not thereby limiting the generality of the above)
    patents, copyrights, applications therefor, and rights to apply for
    the same, trade marks, choses in action, and rights and claims of
    every character and description owing or belonging to or held for,
    by, on account of, or on behalf of, or for the benefit of, an enemy
    or ally of enemy not holding a license granted by the President
    hereunder, which the President after investigation shall determine
    is so owning or so belongs or is so held, shall be conveyed,
    transferred, assigned, delivered, or paid over to the Alien
    Property Custodian, or the same may be seized by the Alien Property
    Custodian; and all property thus acquired shall be held,
    administered and disposed of as elsewhere provided in this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].
      Any requirement made pursuant to this Act [said sections], or a
    duly certified copy thereof, may be filed, registered, or recorded
    in any office for the filing, registering, or recording of
    conveyances, transfers, or assignments of any such property or
    rights as may be covered by such requirement (including the proper
    office for filing, registering, or recording conveyances,
    transfers, or assignments of patents, copyrights, trade-marks, or
    any rights therein or any other rights); and if so filed,
    registered, or recorded shall impart the same notice and have the
    same force and effect as a duly executed conveyance, transfer, or
    assignment to the Alien Property Custodian so filed, registered, or
    recorded.
      Whenever any such property shall consist of shares of stock or
    other beneficial interest in any corporation, association, or
    company or trust, it shall be the duty of the corporation,
    association, or company or trustee or trustees issuing such shares
    or any certificates or other instruments representing the same or
    any other beneficial interest to cancel upon its, his, or their
    books all shares of stock or other beneficial interest standing
    upon its, his, or their books in the name of any person or persons,
    or held for, on account of, or on behalf of, or for the benefit of
    any person or persons who shall have been determined by the
    President, after investigation, to be an enemy or ally of enemy,
    and which shall have been required to be conveyed, transferred,
    assigned, or delivered to the Alien Property Custodian or seized by
    him, and in lieu thereof to issue certificates or other instruments
    for such shares or other beneficial interest to the Alien Property
    Custodian or otherwise, as the Alien Property Custodian shall
    require.
      The sole relief and remedy of any person having any claim to any
    money or other property heretofore or hereafter conveyed,
    transferred, assigned, delivered, or paid over to the Alien
    Property Custodian, or required so to be, or seized by him shall be
    that provided by the terms of this Act [said sections], and in the
    event of sale or other disposition of such property by the Alien
    Property Custodian, shall be limited to and enforced against the
    net proceeds received therefrom and held by the Alien Property
    Custodian or by the Treasurer of the United States.
      (d) If not required to pay, convey, transfer, assign, or deliver
    under the provisions of subsection (c) of this section, any person
    not an enemy or ally of enemy who owes to, or holds for, or on
    account of, or on behalf of, or for the benefit of an enemy or of
    an ally of enemy not holding a license granted by the President
    hereunder, any money or other property, or to whom any obligation
    or form of liability to such enemy or ally of enemy is presented
    for payment, may, at his option, with the consent of the President,
    pay, convey, transfer, assign, or deliver to the alien property
    custodian said money or other property under such rules and
    regulations as the President shall prescribe.
      (e) No person shall be held liable in any court for or in respect
    to anything done or omitted in pursuance of any order, rule, or
    regulation made by the President under the authority of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].
      Any payment, conveyance, transfer, assignment, or delivery of
    money or property made to the alien property custodian hereunder
    shall be a full acquittance and discharge for all purposes of the
    obligation of the person making the same to the extent of same. The
    alien property custodian and such other persons as the President
    may appoint shall have power to execute, acknowledge, and deliver
    any such instrument or instruments as may be necessary or proper to
    evidence upon the record or otherwise such acquittance and
    discharge, and shall, in case of payment to the alien property
    custodian of any debt or obligation owed to an enemy or ally of
    enemy, deliver up any notes, bonds, or other evidences of
    indebtedness or obligation, or any security therefor in which such
    enemy or ally of enemy had any right or interest that may have come
    into the possession of the alien property custodian, with like
    effect as if he or they, respectively, were duly appointed by the
    enemy or ally of enemy, creditor, or obligee. The President shall
    issue to every person so appointed a certificate of the appointment
    and authority of such person, and such certificate shall be
    received in evidence in all courts within the United States.
    Whenever any such certificate of authority shall be offered to any
    registrar, clerk, or other recording officer, Federal or otherwise,
    within the United States, such officer shall record the same in
    like manner as a power of attorney, and such record or a duly
    certified copy thereof shall be received in evidence in all courts
    of the United States or other courts within the United States.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 7, 40 Stat. 416; Nov. 4, 1918, ch.
    201, Sec. 1, 40 Stat. 1020.)


-MISC1-
                                AMENDMENTS                            
      1918 - Subsec. (c). Act Nov. 4, 1918, amended subsec. (c)
    generally, inserting provisions on recording of property transfers,
    cancellation of enemy owned stock by corporations, and restriction
    of claims to relief provided by terms of the Act.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 8                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 8. Contracts, mortgages, or pledges against or with enemy or
      ally of enemy; abrogation of contracts; suspension of limitations

-STATUTE-
      (a) Any person not an enemy or ally of enemy holding a lawful
    mortgage, pledge, or lien, or other right in the nature of security
    in property of an enemy or ally of enemy which, by law or by the
    terms of the instrument creating such mortgage, pledge, or lien, or
    right, may be disposed of on notice or presentation or demand, and
    any person not an enemy or ally of enemy who is a party to any
    lawful contract with an enemy or ally of enemy, the terms of which
    provide for a termination thereof upon notice or for acceleration
    of maturity on presentation or demand, may continue to hold said
    property, and, after default, may dispose of the property in
    accordance with law or may terminate or mature such contract by
    notice or presentation or demand served or made on the alien
    property custodian in accordance with the law and the terms of such
    instrument or contract and under such rules and regulations as the
    President shall prescribe; and such notice and such presentation
    and demand shall have, in all respects, the same force and effect
    as if duly served or made upon the enemy or ally of enemy
    personally: Provided, That no such rule or regulation shall require
    that notice or presentation or demand shall be served or made in
    any case in which, by law or by the terms of said instrument or
    contract, no notice, presentation, or demand was, prior to the
    passage of this Act [Oct. 6, 1917], required; and that in case
    were, by law or by the terms of such instrument or contract, notice
    is required, no longer period of notice shall be required: Provided
    further, That if, on any such disposition of property, a surplus
    shall remain after the satisfaction of the mortgage, pledge, lien,
    or other right in the nature of security, notice of that fact shall
    be given to the President pursuant to such rules and regulations as
    he may prescribe, and such surplus shall be held subject to his
    further order.
      (b) Any contract entered into prior to the beginning of the war
    between any citizen of the United States or any corporation
    organized within the United States, and an enemy or ally of an
    enemy, the terms of which provide for the delivery, during or after
    any war in which a present enemy or ally of enemy nation has been
    or is now engaged, of anything produced, mined, or manufactured in
    the United States, may be abrogated by such citizen or corporation
    by serving thirty days' notice in writing upon the alien property
    custodian of his or its election to abrogate such contract.
      (c) The running of any statute of limitations shall be suspended
    with reference to the rights or remedies on any contract or
    obligation entered into prior to the beginning of the war between
    parties neither of whom is an enemy or ally of enemy, and
    containing any promise to pay or liability for payment which is
    evidenced by drafts or other commercial paper drawn against or
    secured by funds or other property situated in an enemy or ally of
    enemy country, and no suit shall be maintained on any such contract
    or obligation in any court within the United States until after the
    end of the war, or until the said funds or property shall be
    released for the payment or satisfaction of such contract or
    obligation: Provided, however, That nothing herein contained shall
    be construed to prevent the suspension of the running of the
    statute of limitations in all other cases where such suspension
    would occur under existing law.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 8, 40 Stat. 418.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 9                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 9. Claims to property transferred to custodian; notice of
      claim; filing; return of property; suits to recover; sale of
      claimed property in time of war or during national emergency

-STATUTE-
      (a) Any person not an enemy or ally of enemy claiming any
    interest, right, or title in any money or other property which may
    have been conveyed, transferred, assigned, delivered, or paid to
    the Alien Property Custodian or seized by him hereunder and held by
    him or by the Treasurer of the United States, or to whom any debt
    may be owing from an enemy or ally of enemy whose property or any
    part thereof shall have been conveyed, transferred, assigned,
    delivered, or paid to the Alien Property Custodian or seized by him
    hereunder and held by him or by the Treasurer of the United States
    may file with the said custodian a notice of his claim under oath
    and in such form and containing such particulars as the said
    custodian shall require; and the President, if application is made
    therefor by the claimant, may order the payment, conveyance,
    transfer, assignment, or delivery to said claimant of the money or
    other property so held by the Alien Property Custodian or by the
    Treasurer of the United States, or of the interest therein to which
    the President shall determine said claimant is entitled: Provided,
    That no such order by the President shall bar any person from the
    prosecution of any suit at law or in equity against the claimant to
    establish any right, title, or interest which he may have in such
    money or other property. If the President shall not so order within
    sixty days after the filing of such application or if the claimant
    shall have filed the notice as above required and shall have made
    no application to the President, said claimant may institute a suit
    in equity in the United States District Court for the District of
    Columbia or in the district court of the United States for the
    district in which such claimant resides, or, if a corporation,
    where it has its principal place of business (to which suit the
    Alien Property Custodian or the Treasurer of the United States, as
    the case may be, shall be made a party defendant), to establish the
    interest, right, title, or debt so claimed, and if so established
    the court shall order the payment, conveyance, transfer,
    assignment, or delivery to said claimant of the money or other
    property so held by the Alien Property Custodian or by the
    Treasurer of the United States or the interest therein to which the
    court shall determine said claimant is entitled. If suit shall be
    so instituted, then such money or property shall be retained in the
    custody of the Alien Property Custodian, or in the Treasury of the
    United States, as provided in this Act [sections 1 to 6, 7 to 39,
    and 41 to 44 of this Appendix], and until any final judgment or
    decree which shall be entered in favor of the claimant shall be
    fully satisfied by payment or conveyance, transfer, assignment, or
    delivery by the defendant, or by the Alien Property Custodian, or
    Treasurer of the United States on order of the court, or until
    final judgment or decree shall be entered against the claimant or
    suit otherwise terminated: Provided further, That upon a
    determination made by the President, in time of war or during any
    national emergency declared by the President, that the interest and
    welfare of the United States require the sale of any property or
    interest or any part thereof claimed in any suit filed under this
    subsection and pending on or after the date of enactment [Oct. 22,
    1962] of this proviso the Alien Property Custodian or any successor
    officer, or agency may sell such property or interest or part
    thereof, in conformity with law applicable to sales of property by
    him, at any time prior to the entry of final judgment in such suit.
    No such sale shall be made until thirty days have passed after the
    publication of notice in the Federal Register of the intention to
    sell. The net proceeds of any such sale shall be deposited in a
    special account established in the Treasury, and shall be held in
    trust by the Secretary of the Treasury pending the entry of final
    judgment in such suit. Any recovery of any claimant in any such
    suit in respect of the property or interest or part thereof so sold
    shall be satisfied from the net proceeds of such sale unless such
    claimant, within sixty days after receipt of notice of the amount
    of net proceeds of sale serves upon the Alien Property Custodian,
    or any successor officer or agency, and files with the court an
    election to waive all claims to the net proceeds, or any part
    thereof, and to claim just compensation instead. If the court finds
    that the claimant has established an interest, right, or title in
    any property in respect of which such an election has been served
    and filed, it shall proceed to determine the amount which will
    constitute just compensation for such interest, right, or title,
    and shall order payment to the claimant of the amount so
    determined. An order for the payment of just compensation hereunder
    shall be a judgment against the United States and shall be payable
    first from the net proceeds of the sale in an amount not to exceed
    the amount the claimant would have received had he elected to
    accept his proportionate part of the net proceeds of the sale, and
    the balance, if any, shall be payable in the same manner as are
    judgments in cases arising under section 1346 of title 28, United
    States Code. The Alien Property Custodian or any successor officer
    or agency shall, immediately upon the entry of final judgment,
    notify the Secretary of the Treasury of the determination by final
    judgment of the claimant's interest and right to the proportionate
    part of the net proceeds from the sale, and the final determination
    by judgment of the amount of just compensation in the event the
    claimant has elected to recover just compensation for the interest
    in the property he claimed.
      (b) In respect of all money or other property conveyed,
    transferred, assigned, delivered, or paid to the Alien Property
    Custodian or seized by him hereunder and held by him or by the
    Treasurer of the United States, if the President shall determine
    that the owner thereof at the time such money or other property was
    required to be so conveyed, transferred, assigned, delivered, or
    paid to the Alien Property Custodian or at the time when it was
    voluntarily delivered to him or was seized by him was - 
      (1) A citizen or subject of any nation or State or free city
    other than Germany or Austria or Hungary or Austria-Hungary, and is
    at the time of the return of such money or other property hereunder
    a citizen or subject of any such nation or State or free city; or
      (2) A woman who, at the time of her marriage, was a subject or
    citizen of a nation which has remained neutral in the war, or of a
    nation which was associated with the United States in the
    prosecution of said war, and who, prior to April 6, 1917,
    intermarried with a subject or citizen of Germany or Austria-
    Hungary and that the money or other property concerned was not
    acquired by such woman, either directly or indirectly from any
    subject or citizen of Germany or Austria-Hungary subsequent to
    January 1, 1917; or
      (3) A woman who at the time of her marriage was a citizen of the
    United States, and who prior to April 6, 1917, intermarried with a
    subject or citizen of Germany or Austria-Hungary, and that the
    money or other property concerned, was not acquired by such woman,
    either directly or indirectly, from any subject or citizen of
    Germany or Austria-Hungary subsequent to January 1, 1917; or who
    was a daughter of a resident citizen of the United States and
    herself a resident or former resident thereof, or the minor
    daughter or daughters of such woman, she being deceased; or
      (3A) An individual who was at such time a citizen or subject of
    Germany, Austria, Hungary, or Austria-Hungary, or not a citizen or
    subject of any nation, state or free city, and that the money or
    other property concerned was acquired by such individual while a
    bona fide resident of the United States, and that such individual,
    on January 1, 1926, and at the time of the return of the money or
    other property, shall be a bona fide resident of the United States;
    or
      (3B) Any individual who at such time was not a subject or citizen
    of Germany, Austria, Hungary, or Austria-Hungary, and who is now a
    citizen or subject of a neutral or allied country: Provided,
    however, That nothing contained herein shall be construed as
    limiting or abrogating any existing rights of an individual under
    the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44
    of this Appendix]; or
      (4) A citizen or subject of Germany or Austria or Hungary or
    Austria-Hungary and was at the time of the severance of diplomatic
    relations between the United States and such nations, respectively,
    accredited to the United States as a diplomatic or consular officer
    of any such nation, or the wife or minor child of such officer, and
    that the money or other property concerned was within the territory
    of the United States by reason of the service of such officer in
    such capacity; or
      (5) A citizen or subject of Germany or Austria-Hungary, who by
    virtue of the provisions of sections 4067, 4068, 4069, and 4070 of
    the Revised Statutes [sections 21 to 24 of title 50] and of the
    proclamations and regulations thereunder, was transferred, after
    arrest, into the custody of the War Department of the United States
    for detention during the war and is at the time of the return of
    his money or other property hereunder living within the United
    States; or
      (6) A partnership, association, or other unincorporated body of
    individuals outside the United States, or a corporation
    incorporated within any country other than the United States, and
    was entirely owned at such time by subjects or citizens of nations,
    States, or free cities other than Germany or Austria or Hungary or
    Austria-Hungary and is so owned at the time of the return of its
    money or other property hereunder; or
      (7) The Government of Bulgaria or Turkey, or any political or
    municipal subdivision thereof; or
      (8) The Government of Germany or Austria or Hungary or Austria-
    Hungary, and that the money or other property concerned was the
    diplomatic or consular property of such Government; or
      (9) An individual who was at such time a citizen or subject of
    Germany, Austria, Hungary, or Austria-Hungary, or who is not a
    citizen or subject of any nation, State or free city, and that such
    money or other property, or the proceeds thereof, if the same has
    been converted, does not exceed in value the sum of $10,000, or
    although exceeding in value the sum of $10,000 is nevertheless
    susceptible of division, and the part thereof to be returned
    hereunder does not exceed in value the sum of $10,000: Provided,
    That an individual shall not be entitled, under this paragraph, to
    the return of any money or other property owned by a partnership,
    association, unincorporated body of individuals, or corporation at
    the time it was conveyed, transferred, assigned, delivered, or paid
    to the Alien Property Custodian, or seized by him hereunder; or
      (10) A partnership, association, other unincorporated body of
    individuals, or corporation, and that it is not otherwise entitled
    to the return of its money or other property, or any part thereof,
    under this section, and that such money or other property, or the
    proceeds thereof, if the same has been converted, does not exceed
    in value the sum of $10,000, or although exceeding in value the sum
    of $10,000, is nevertheless susceptible of division, and the part
    thereof to be returned hereunder does not exceed in value the sum
    of $10,000; or
      (11) A partnership, association, or other unincorporated body of
    individuals, having its principal place of business within any
    country other than Germany, Austria, Hungary, or Austria-Hungary,
    or a corporation, organized or incorporated within any country
    other than Germany, Austria, Hungary, or Austria-Hungary, and that
    the control of, or more than 50 per centum of the interests or
    voting power in, any such partnership, association, other
    unincorporated body of individuals, or corporation, was at such
    time, and is at the time of the return of any money or other
    property, vested in citizens or subjects of nations, States, or
    free cities other than Germany, Austria, Hungary, or Austria-
    Hungary: Provided, however, That this subsection shall not affect
    any rights which any citizen or subject may have under paragraph
    (1) of this subsection; or
      (12) A partnership, association, or other unincorporated body of
    individuals, or a corporation, and was entirely owned at such time
    by subjects or citizens of nations, States, or free cities other
    than Austria or Hungary, or Austria-Hungary and is so owned at the
    time of the return of its money or other property, and has filed
    the written consent provided for in subsection (m) of this section;
    or
      (13) A partnership, association or other unincorporated body of
    individuals, having its principal place of business at such time
    within any country other than Austria, Hungary, or Austria-Hungary,
    or a corporation organized or incorporated within any country other
    than Austria, Hungary, or Austria-Hungary, and that the written
    consent provided for in subsection (m) has been filed; or
      (14) An individual who at such time was a citizen or subject of
    Germany or who, at the time of the return of any money or other
    property, is a citizen or subject of Germany or is not a citizen or
    subject of any nation, State, or free city, and that the written
    consent provided for in subsection (m) of this section has been
    filed; or
      (15) Repealed. Aug. 6, 1956, ch. 1016, Sec. 3, 70 Stat. 1073.
      (16) An individual, partnership, association, or other
    unincorporated body of individuals, or a corporation, and that the
    written consent provided for in subsection (m) has been filed, and
    that no suit or proceeding against the United States or any agency
    thereof is pending in respect of such return, and that such
    individual has filed a written waiver renouncing on behalf of
    himself, his heirs, successors, and assigns any claim based upon
    the fact that at the time of such return he was in fact entitled to
    such return under any other provision of this Act [sections 1 to 6,
    7 to 39, and 41 to 44 of this Appendix]; or
      (17) A partnership, association, or other unincorporated body of
    individuals, or a corporation, and was entirely owned at such time
    by citizens of Austria and is so owned at the time of the return of
    its money or other property; or
      (18) A partnership, association, or other unincorporated body of
    individuals, having its principal place of business at such time
    within Austria, or a corporation organized or incorporated within
    Austria; or
      (19) An individual who at such time was a citizen of Austria or
    who, at the time of the return of any money or other property, is a
    citizen of Austria; or
      (20) A partnership, association, or other unincorporated body of
    individuals, or a corporation, and was entirely owned at such time
    by citizens of Hungary and is so owned at the time of the return of
    its money or other property; or
      (21) A partnership, association, or other unincorporated body of
    individuals, having its principal place of business at such time
    within Hungary, or a corporation organized or incorporated within
    Hungary; or
      (22) An individual who at such time was a citizen of Hungary or
    who, at the time of the return of any money or other property, is a
    citizen of Hungary;
      Then the President, without any application being made therefor,
    may order the payment, conveyance, transfer, assignment, or
    delivery of such money or other property held by the Alien Property
    Custodian or by the Treasurer of the United States, or of the
    interest therein to which the President shall determine such person
    entitled, either to the said owner or to the person by whom said
    property was conveyed, transferred, assigned, delivered, or paid
    over to the Alien Property Custodian: Provided, That no person
    shall be deemed or held to be a citizen or subject of Germany or
    Austria or Hungary or Austria-Hungary for the purposes of this
    section, even though he was such citizen or subject at the time
    first specified in this subsection, if he has become or shall
    become, ipso facto or through exercise of option, a citizen or
    subject of any nation or State or free city other than Germany,
    Austria, or Hungary, (first) under the terms of such treaties of
    peace as have been or may be concluded subsequent to November 11,
    1918, between Germany or Austria or Hungary (of the one part) and
    the United States and/or three or more of the following-named
    powers: The British Empire, France, Italy, and Japan (of the other
    part), or (second) under the terms of such treaties as have been or
    may be concluded in pursuance of the treaties of peace aforesaid
    between any nation, State, or free city (of the one part) whose
    territories, in whole or in part, on August 4, 1914, formed a
    portion of the territory of Germany or Austria-Hungary and the
    United States and/or three or more of the following-named powers:
    The British Empire, France, Italy, and Japan (of the other part).
    For the purposes of this section any citizen or subject of a State
    or free city which at the time of the proposed return of money or
    other property of such citizen or subject hereunder forms a part of
    the territory of any one of the following nations: Germany,
    Austria, or Hungary, shall be deemed to be a citizen or subject of
    such nation. And the receipt of the said owner or of the person by
    whom said money or other property was conveyed, transferred,
    assigned, delivered, or paid over to the Alien Property Custodian
    shall be a full acquittance and discharge of the Alien Property
    Custodian or the Treasurer of the United States, as the case may
    be, and of the United States in respect to all claims of all
    persons heretofore or hereafter claiming any right, title, or
    interest in said money or other property, or compensation or
    damages arising from the capture of such money or other property by
    the President or the Alien Property Custodian: Provided further,
    however, That except as herein provided no such action by the
    President shall bar any person from the prosecution of any suit at
    law or in equity to establish any right, title, or interest which
    he may have therein.
      (c) Any person whose money or other property the President is
    authorized to return under the provisions of subsection (b) hereof
    may file notice of claim for the return of such money or other
    property, as provided in subsection (a) hereof, and thereafter may
    make application to the President for allowance of such claim
    and/or may institute suit in equity to recover such money or other
    property, as provided in said subsection, and with like effect. The
    President or the court, as the case may be, may make the same
    determinations with respect to citizenship and other relevant facts
    that the President is authorized to make under the provisions of
    subsection (b) hereof.
      (d) Whenever an individual, deceased, would have been entitled,
    if living, to the return of any money or other property without
    filing the written consent provided for in subsection (m), then his
    legal representative may proceed for the return of such money or
    other property in the same manner as such individual might proceed
    if living, and such money or other property may be returned to such
    legal representative without requiring the appointment of an
    administrator, or an ancillary administrator, by a court in the
    United States, or to any such ancillary administrator, for
    distribution directly to the persons entitled thereto. Return in
    accordance with the provisions of this subsection may be made in
    any case where an application or court proceeding by any legal
    representative, under the provisions of this subsection before its
    amendment by the Settlement of War Claims Act of 1928 [Act Mar. 10,
    1928, ch. 167, Sec. 12(a), 45 Stat. 271] is pending and
    undetermined at the time of the enactment of such Act. All bonds or
    other security given under the provisions of this subsection before
    such amendment shall be canceled or released and all sureties
    thereon discharged.
      (e) No money or other property shall be returned nor any debt
    allowed under this section to any person who is a citizen or
    subject of any nation which was associated with the United States
    in the prosecution of the war, unless such nation in like case
    extends reciprocal rights to citizens of the United States:
    Provided, That any arrangement made by a foreign nation for the
    release of money and other property of American citizens and
    certified by the Secretary of State to the Attorney General as fair
    and the most advantageous arrangement obtainable shall be regarded
    as meeting this requirement; nor in any event shall a debt be
    allowed under this section unless it was owing to and owned by the
    claimant prior to October 6, 1917, and as to claimants other than
    citizens of the United States unless it arose with reference to the
    money or other property held by the Alien Property Custodian or
    Treasurer of the United States hereunder; nor shall a debt be
    allowed under this section unless notice of the claim has been
    filed, or application therefor has been made, prior to the date of
    the enactment of the Settlement of War Claims Act of 1928 [Act Mar.
    10, 1928, ch. 167, 45 Stat. 254].
      (f) Except as herein provided, the money or other property
    conveyed, transferred, assigned, delivered, or paid to the Alien
    Property Custodian, shall not be liable to lien, attachment,
    garnishment, trustee process, or execution, or subject to any order
    or decree of any court.
      (g) Whenever an individual, deceased, would have been entitled,
    if living, to the return of any money or other property upon filing
    the written consent provided for in subsection (m), then his legal
    representative may proceed for the return of such money or other
    property in the same manner as such individual might proceed if
    living, and such money or other property may be returned, upon
    filing the written consent provided for in subsection (m), to such
    legal representative without requiring the appointment of an
    administrator, or an ancillary administrator, by a court in the
    United States, or to any such ancillary administrator, for
    distribution to the persons entitled thereto. This subsection shall
    not be construed as extinguishing or diminishing any right which
    any citizen of the United States may have had under this subsection
    prior to its amendment by the Settlement of War Claims Act of 1928
    [Act Mar. 10, 1928, ch. 167, Sec. 12(c), 45 Stat. 271] to receive
    in full his interest in the property of any individual dying before
    such amendment.
      (h) The aggregate value of the money or other property returned
    under paragraphs (9) and (10) of subsection (b) to any one person,
    irrespective of the number of trusts involved, shall in no case
    exceed $10,000.
      (i) For the purposes of paragraphs (9) and (10) of subsection (b)
    of this section accumulated net income, dividends, interest,
    annuities, and other earnings, shall be considered as part of the
    principal.
      (j) The Alien Property Custodian is authorized and directed to
    return to the person entitled thereto, whether or not an enemy or
    ally of enemy and regardless of the value, any patent, trademark,
    print, label, copyright, or right therein or claim thereto, which
    was conveyed, transferred, assigned, or delivered to the Alien
    Property Custodian, or seized by him, and which has not been sold,
    licensed, or otherwise disposed of under the provisions of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], and to
    return any such patent, trademark, print, label, copyright, or
    right therein or claim thereto, which has been licensed, except
    that any patent, trade-mark, print, label, copyright, or right
    therein or claim thereto, which is returned by the Alien Property
    Custodian and which has been licensed, or in respect of which any
    contract has been entered into, or which is subject to any lien or
    encumbrance, shall be returned subject to the license, contract,
    lien, or encumbrance.
      (k) Except as provided in section 27 [section 27 of this
    Appendix], paragraphs (12) to (22), both inclusive, of subsection
    (b) of this section shall apply to the proceeds received from the
    sale, license, or other disposition of any patent, trademark,
    print, label, copyright, or right therein or claim thereto,
    conveyed, transferred, assigned, or delivered to the Alien Property
    Custodian, or seized by him.
      (l) This section shall apply to royalties paid to the Alien
    Property Custodian, in accordance with a judgment or decree in a
    suit brought under subsection (f) of section 10 [section 10(f) of
    this Appendix]; but shall not apply to any other money paid to the
    Alien Property Custodian under section 10 [section 10 of this
    Appendix].
      (m) No money or other property shall be returned under paragraph
    (12), (13), (14), or (16) of subsection (b) or under subsection (g)
    or (n) or (to the extent therein provided) under subsection (p),
    unless the person entitled thereto files a written consent to a
    postponement of the return of an amount equal to 20 per centum of
    the aggregate value of such money or other property (at the time,
    as nearly as may be, of the return), as determined by the Alien
    Property Custodian, and the investment of such amount in accordance
    with the provisions of section 25 [section 25 of this Appendix].
    Such amount shall be deducted from the money to be returned to such
    person, so far as possible, and the balance shall be deducted from
    the proceeds of the sale of so much of the property as may be
    necessary, unless such person pays the balance to the Alien
    Property Custodian, except that no property shall be sold prior to
    the expiration of six years from the date of the enactment of the
    Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch. 167,
    45 Stat. 254] without the consent of the person entitled thereto.
    The amounts so deducted shall be returned to the persons entitled
    thereto as provided in subsection (f) of section 25 [section 25(f)
    of this Appendix]. The sale of any such property shall be made in
    accordance with the provisions of section 12 [section 12 of this
    Appendix], except that the provisions of such section relating to
    sales or resales to, or for the benefit of, citizens of the United
    States shall not be applicable. If such aggregate value of the
    money or other property to be returned under paragraph (12), (13),
    (14), or (16) of subsection (b) or under subsection (g) is less
    than $2,000, then the written consent shall not be required and the
    money or other property shall be returned in full without the
    temporary retention and investment of 20 per centum thereof.
      (n) In the case of property consisting of stock or other interest
    in any corporation, association, company, or trust, or of bonded or
    other indebtedness thereof, evidenced by certificates of stock or
    by bonds or by other certificates of interest therein or
    indebtedness thereof, or consisting of dividends or interest or
    other accruals thereon, where the right, title, and interest in the
    property (but not the actual certificate or bond or other
    certificate of interest or indebtedness) was conveyed, transferred,
    assigned, delivered, or paid to the Alien Property Custodian, or
    seized by him, if the President determines that the owner thereof
    or of any interest therein has acquired such ownership by
    assignment, transfer, or sale of such certificate or bond or other
    certificate of interest or indebtedness, (it being the intent of
    this subsection that such assignment, transfer, or sale shall not
    be deemed invalid hereunder by reason of such conveyance, transfer,
    assignment, delivery, or payment to the Alien Property Custodian or
    seizure by him) and that the written consent provided for in
    subsection (m) of this section has been filed, then the President
    may make in respect of such property an order of the same
    character, upon the same conditions, and with the same effect, as
    in cases provided for in subsection (b), including the benefits of
    subsection (c).
      (o) The provisions of paragraph (12), (13), (14), (17), (18),
    (19), (20), (21), or (22) of subsection (b), or of subsection (m)
    or (n) of this section, and (except to the extent therein provided)
    the provisions of paragraph (16) of subsection (b), shall not be
    construed as diminishing or extinguishing any right under any other
    provision of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix] in force immediately prior to the enactment of the
    Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch. 167,
    45 Stat. 254].
      (p) The Alien Property Custodian shall transfer the money or
    other property in the trust of any partnership, association, or
    other unincorporated body of individuals, or corporation, the
    existence of which has terminated, to trusts in the names of the
    persons (including the German Government and members of the former
    ruling family) who have succeeded to its claim or interest; and the
    provisions of subsection (a) of this section relating to the
    collection of a debt (by order of the President or of a court) out
    of money or other property held by the Alien Property Custodian or
    the Treasurer of the United States shall be applicable to the debts
    of such successor and any such debt may be collected out of the
    money or other property in any of such trusts if not returnable
    under subsection (a) of this section. Subject to the above
    provisions as to the collection of debts, each such successor
    (except the German Government and members of the former ruling
    family) may proceed for the return of the amount so transferred to
    his trust, in the same manner as such partnership, association, or
    other unincorporated body of individuals, or corporation might
    proceed if still in existence. If such partnership, association, or
    other unincorporated body of individuals, or corporation, would
    have been entitled to the return of its money or other property
    only upon filing the written consent provided for in subsection
    (m), then the successor shall be entitled to the return under this
    subsection only upon filing such written consent.
      (q) The return of money or other property under paragraph (15),
    (17), (18), (19), (20), (21), or (22) of subsection (b) (relating
    to the return of Austrian and Hungarian nationals) shall be subject
    to the limitations imposed by subsections (d) and (e) of section 7
    of the Settlement of War Claims Act of 1928 [Act Mar. 10, 1928, ch.
    167, Sec. 7(d), (e), 45 Stat. 265, 266].

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 9, 40 Stat. 419; July 11, 1919, ch. 6,
    Sec. 1, 41 Stat. 35; June 5, 1920, ch. 241, 41 Stat. 977; Feb. 27,
    1921, ch. 76, 41 Stat. 1147; Dec. 21, 1921, ch. 13, 42 Stat. 351;
    Dec. 27, 1922, ch. 13, 42 Stat. 1065; Mar. 4, 1923, ch. 285, Sec.
    1, 42 Stat. 1511; May 7, 1926, ch. 252, 44 Stat. 406; Mar. 10,
    1928, ch. 167, Secs. 11-14, 20, 45 Stat. 270-273, 277; June 25,
    1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 745, 50 Stat. 748;
    June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch.
    139, Sec. 127, 63 Stat. 107; Aug. 6, 1956, ch. 1016, Sec. 3, 70
    Stat. 1073; Pub. L. 87-846, title II, Sec. 203, Oct. 22, 1962, 76
    Stat. 1113.)


-MISC1-
                                AMENDMENTS                            
      1962 - Subsec. (a). Pub. L. 87-846 inserted provisions for sale
    of claimed property in time of war or during national emergency,
    publication of notice in Federal Register of intention to sell,
    deposit of net proceeds of sale in a special account in the
    Treasury, satisfaction of the claim from such net proceeds,
    election to waive claims to net proceeds and to claim just
    compensation, judicial determination of amount of compensation,
    order for payment, judgment against United States and notification
    of Secretary of the Treasury respecting the determination of
    election made.
      1956 - Subsec. (b)(15). Act Aug. 6, 1956, repealed par. (15)
    which related to property of the Austro-Hungarian Bank.
      1937 - Subsec. (e). Act Aug. 24, 1937, inserted proviso that
    arrangements by foreign nations certified by Secretary of State
    would be regarded as meeting reciprocity requirement for return of
    property.
      1928 - Subsec. (b)(12) to (22). Act Mar. 10, 1928, Sec. 11, added
    pars. (12) to (22).
      Subsec. (d). Act Mar. 10, 1928, Sec. 12(a), amended subsec. (d)
    generally.
      Subsec. (e). Act Mar. 10, 1928, Sec. 12(b), inserted "; nor shall
    a debt be allowed under this section unless notice of the claim has
    been filed, or application therefor has been made, prior to the
    date of the enactment of the Settlement of War Claims Act of 1928"
    before period at end.
      Subsec. (g). Act Mar. 10, 1928, Sec. 12(c), amended subsec. (g)
    generally.
      Subsecs. (l) to (q). Act Mar. 10, 1928, Secs. 13, 14, added
    subsecs. (l) to (q).
      1926 - Subsec. (b)(3A), (3B). Act May 7, 1926, added pars. (3A)
    and (3B).
      1923 - Act Mar. 4, 1923, added pars. (9) to (11) of subsec. (b),
    and subsecs. (g) to (j) and redesignated former subsec. (g) as (k).
      1922 - Subsec. (a). Act Dec. 27, 1922, increased time limit for
    instituting a suit from eighteen to thirty months.
      1921 - Subsec. (a). Act Dec. 21, 1921, increased time limit for
    instituting a suit from six to eighteen months.
      Subsec. (b). Act Feb. 27, 1921, added to pars. (2) and (3)
    requirement that money or property be acquired subsequent to Jan.
    1, 1917, and struck out in par. (3) requirement that citizenship be
    by birth in the United States.
      1920 - Act June 5, 1920, added pars. (1) to (8) of subsec. (b)
    and added subsecs. (c) to (g), latter two subsecs. having formerly
    been last two paragraphs, respectively, of subsec. (b).
      1919 - Act July 11, 1919, struck out requirement of owner's
    assent to the transfer of property to the Custodian, gave the
    Supreme Court of the District of Columbia co-extensive jurisdiction
    with the District Courts over suits, and inserted proviso
    permitting the Custodian to acquit his responsibility by
    transferring the property of persons, who were enemies by reason of
    residence in enemy occupied countries, to those persons or their
    designated representatives.

-CHANGE-
                              CHANGE OF NAME                          
      In subsec. (a), act June 25, 1936, substituted "the district
    court of the United States for the District of Columbia" for "the
    Supreme Court of the District of Columbia", and act June 25, 1948,
    as amended by act May 24, 1949, substituted "United States District
    Court for the District of Columbia" for "district court of the
    United States for the District of Columbia".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   SETTLEMENT OF WAR CLAIMS ACT OF 1928               
      Act Mar. 10, 1928, ch. 167, 45 Stat. 254, known as the Settlement
    of War Claims Act of 1928, provided for the settlement of certain
    claims of American nationals against Germany, Austria, and Hungary,
    and the nationals of Germany, Austria, and Hungary against the
    United States, and for the ultimate return of all property held by
    the Alien Property Custodian.
      Sections 9(c) to 19 of the act were classified to sections 9, 10,
    20, and 22 to 31 of this Appendix. Sections 1 to 9(b) of the act
    are not classified to the Code.
      The act has been amended to extend the time of presenting claims
    under it several times as follows: Acts Mar. 10, 1930, ch. 175, 46
    Stat. 84; June 14, 1932, ch. 259, 47 Stat. 318; Mar. 3, 1933, ch.
    210, 47 Stat. 1488; June 12, 1933, ch. 60, 48 Stat. 125; June 18,
    1934, ch. 608, 48 Stat. 1019; June 27, 1934, ch. 851, 48 Stat.
    1267; June 26, 1936, ch. 852, 49 Stat. 1984; May 23, 1938, ch. 263,
    52 Stat. 437. The act of May 23, 1938, was the final extension and
    it allowed the presentation of claims up to 12 years after Mar. 10,
    1938.
      Act Aug. 6, 1947, ch. 506, 61 Stat. 789, amended section 4(b),
    (c) of act Mar. 10, 1928, to change the order of priority for
    payment of claims out of the German special deposit account.

      EFFECT OF TERMINATION OF STATE OF WAR BETWEEN UNITED STATES AND
                                  GERMANY
      Termination of war by Joint Res. Oct. 19, 1951, ch. 519, 65 Stat.
    451, as not affecting property already vested, see said Joint Res.
    Oct. 19, 1951, set out as a note preceding section 1 of this
    Appendix.

                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 10                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 10. Acts permitted; applications for patents, or registration
      of trade-marks or copyrights; payment of tax in relation thereto;
      licenses under enemy owned patent or copyright; statements by
      licensees; term and cancellation; suits against licensees;
      restraining infringements; powers of attorney; keeping secret
      inventions

-STATUTE-
      Nothing contained in this Act [sections 1 to 6, 7 to 39, and 41
    to 44 of this Appendix] shall be held to make unlawful any of the
    following acts:
      (a) Repealed. Aug. 8, 1946, ch. 910, Sec. 13, 60 Stat. 944.
      (b) Any citizen of the United States, or any corporation
    organized within the United States, may, when duly authorized by
    the President, pay to an enemy or ally of enemy any tax, annuity,
    or fee which may be required by the laws of such enemy or ally of
    enemy nation in relation to patents and trade-marks, prints,
    labels, and copyrights; and any such citizen or corporation may
    file and prosecute an application for letters patent or for
    registration of trade-mark, print, label, or copyright in the
    country of an enemy, or of an ally of enemy after first submitting
    such application to the President and receiving license so to file
    and prosecute, and to pay the fees required by law and customary
    agents' fees, the maximum amount of which in each case shall be
    subject to the control of the President.
      (c) Any citizen of the United States or any corporation organized
    within the United States desiring to manufacture, or cause to be
    manufactured, a machine, manufacture, composition of matter, or
    design, or to carry on, or to use any trade-mark, print, label or
    cause to be carried on, a process under any patent or copyrighted
    matter owned or controlled by an enemy or ally of enemy at any time
    during the existence of a state of war may apply to the President
    for a license; and the President is authorized to grant such a
    license, nonexclusive or exclusive as he shall deem best, provided
    he shall be of the opinion that such grant is for the public
    welfare, and that the applicant is able and intends in good faith
    to manufacture, or cause to be manufactured, the machine,
    manufacture, composition of matter, or design, or to carry on, or
    cause to be carried on, the process or to use the trade-mark,
    print, label or copyrighted matter. The President may prescribe the
    conditions of this license, including the fixing of prices of
    articles and products necessary to the health of the military and
    naval forces of the United States or the successful prosecution of
    the war, and the rules and regulations under which such license may
    be granted and the fee which shall be charged therefor, not
    exceeding $100, and not exceeding one per centum of the fund
    deposited as hereinafter provided. Such license shall be a complete
    defense to any suit at law or in equity instituted by the enemy or
    ally of enemy owners of the letters patent, trade-mark, print,
    label or copyright, or otherwise, against the licensee for
    infringement or for damages, royalty, or other money award on
    account of anything done by the licensee under such license, except
    as provided in subsection (f) hereof.
      (d) The licensee shall file with the President a full statement
    of the extent of the use and enjoyment of the license, and of the
    prices received in such form and at such stated periods (at least
    annually) as the President may prescribe; and the licensee shall
    pay at such times as may be required to the alien property
    custodian not to exceed five per centum of the gross sums received
    by the licensee from the sale of said inventions or use of the
    trade-mark, print, label or copyrighted matter, or, if the
    President shall so order, five per centum of the value of the use
    of such inventions, trade-marks, prints, labels or copyrighted
    matter to the licensee as established by the President; and sums so
    paid shall be deposited by said alien property custodian forthwith
    in the Treasury of the United States as a trust fund for the said
    licensee and for the owner of the said patent, trade-mark, print,
    label or copyright registration as hereinafter provided, to be paid
    from the Treasury upon order of the court, as provided in
    subsection (f) of this section, or upon the direction of the alien
    property custodian.
      (e) Unless surrendered or terminated as provided in this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], any
    license granted hereunder shall continue during the term fixed in
    the license or in the absence of any such limitation during the
    term of the patent, trade-mark, print, label, or copyright
    registration under which is it granted. Upon violation by the
    licensee of any of the provisions of this Act [said sections], or
    of the conditions of the license, the President may, after due
    notice and hearing, cancel any license granted by him.
      (f) The owner of any patent, trade-mark, print, label, or
    copyright under which a license is granted hereunder may, after the
    end of the war and until the expiration of one year thereafter,
    file a bill in equity against the licensee in the district court of
    the United States for the district in which the said licensee
    resides, or, if a corporation, in which it has its principal place
    of business (to which suit the Treasurer of the United States shall
    be made a party), for recovery from the said licensee for all use
    and enjoyment of the said patented invention, trade-mark, print,
    label, or copyrighted matter: Provided, however, That whenever suit
    is brought, as above, notice shall be filed with the alien property
    custodian within thirty days after date of entry of suit: Provided
    further, That the licensee may make any and all defenses which
    would be available were no license granted. The court on due
    proceedings had may adjudge and decree to the said owner payment of
    a reasonable royalty. The amount of said judgment and decree, when
    final, shall be paid on order of the court to the owner of the
    patent from the fund deposited by the licensee, so far as such
    deposit will satisfy said judgment and decree; and the said payment
    shall be in full or partial satisfaction of said judgment and
    decree, as the facts may appear; and if, after payment of all such
    judgments and decrees, there shall remain any balance of said
    deposit, such balance shall be repaid to the licensee on order of
    the alien property custodian. If no suit is brought within one year
    after the end of the war, or no notice is filed as above required,
    then the licensee shall not be liable to make any further deposits,
    and all funds deposited by him shall be repaid to him on order of
    the alien property custodian. Upon entry of suit and notice filed
    as above required, or upon repayment of funds as above provided,
    the liability of the licensee to make further reports to the
    President shall cease.
      If suit is brought as above provided, the court may, at any time,
    terminate the license, and may, in such event, issue an injunction
    to restrain the licensee from infringement thereafter, or the
    court, in case the licensee, prior to suit, shall have made
    investment of capital based on possession of the license, may
    continue the license for such period and upon such terms and with
    such royalties as it shall find to be just and reasonable.
      In the case of any such patent, trade-mark, print, label, or
    copyright, conveyed, assigned, transferred, or delivered to the
    Alien Property Custodian or seized by him, any suit brought under
    this subsection, within the time limited therein, shall be
    considered as having been brought by the owner within the meaning
    of this subsection, in so far as such suit relates to royalties for
    the period prior to the sale by the Alien Property Custodian of
    such patent, trade-mark, print, label, or copyright, if brought
    either by the Alien Property Custodian or by the person who was the
    owner thereof immediately prior to the date such patent, trade-
    mark, print, label, or copyright was seized or otherwise acquired
    by the Alien Property Custodian.
      (g) Any enemy, or ally of enemy, may institute and prosecute
    suits in equity against any person other than a licensee under this
    Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] to
    enjoin infringement of letters patent, trade-mark, print, label,
    and copyrights in the United States owned or controlled by said
    enemy or ally of enemy, in the same manner and to the extent that
    he would be entitled so to do if the United States was not at war:
    Provided, That no final judgment or decree shall be entered in
    favor of such enemy or ally of enemy by any court except after
    thirty days' notice to the alien property custodian. Such notice
    shall be in writing and shall be served in the same manner as civil
    process of Federal courts.
      (h) All powers of attorney heretofore or hereafter granted by an
    enemy or ally of enemy to any person within the United States, in
    so far as they may be requisite to the performance of acts
    authorized in subsections (a) and (g) of this section, shall be
    valid.
      (i) Whenever the publication of an invention by the granting of a
    patent may, in the opinion of the President, be detrimental to the
    public safety or defense, or may assist the enemy or endanger the
    successful prosecution of the war, he may order that the invention
    be kept secret and withhold the grant of a patent until the end of
    the war: Provided, That the invention disclosed in the application
    for said patent may be held abandoned upon it being established
    before or by the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark
    Office that, in violation of said order, said invention has been
    published or that an application for a patent therefor has been
    filed in any other country, by the inventor or his assigns or legal
    representatives, without the consent or approval of the
    commissioner or under a license of the President.
      When an applicant whose patent is withheld as herein provided and
    who faithfully obeys the order of the President above referred to
    shall tender his invention to the Government of the United States
    for its use, he shall, if he ultimately receives a patent, have the
    right to sue for compensation in the United States Court of Federal
    Claims, such right to compensation to begin from the date of the
    use of the invention by the Government.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 10, 40 Stat. 420; Mar. 10, 1928, ch.
    167, Sec. 19, 45 Stat. 277; Aug. 8, 1946, ch. 910, Sec. 13, 60
    Stat. 944; Pub. L. 97-164, title I, Sec. 160(a)(17), Apr. 2, 1982,
    96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
    1992, 106 Stat. 4516; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
    [title IV, Sec. 4732(b)(26)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
    585.)


-MISC1-
                             PRIOR PROVISIONS                         
      The provisions of subsection (i) of this section are similar to
    the provisions of act Oct. 6, 1917, ch. 95, 40 Stat. 394 (formerly
    classified to section 42 of Title 35, Patents), which was repealed
    and superseded by act Feb. 1, 1952, ch. 4, 66 Stat. 3. Act Feb. 1,
    1952 was also repealed by act July 19, 1952, ch. 950, Sec. 5, 66
    Stat. 815. See section 181 et seq. of Title 35.

                                AMENDMENTS                            
      1999 - Subsec. (i). Pub. L. 106-113 substituted "Under Secretary
    of Commerce for Intellectual Property and Director of the United
    States Patent and Trademark Office" for "Commissioner of Patents".
      1992 - Subsec. (i). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1982 - Subsec. (i). Pub. L. 97-164 substituted "United States
    Claims Court" for "Court of Claims".
      1946 - Subsec. (a). Act Aug. 8, 1946, repealed subsec. (a).
      1928 - Subsec. (f). Act Mar. 10, 1928, added par. at end.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.


-EXEC-
                         PRESIDENT'S PROCLAMATION                     
      Proclamation of May 24, 1917, 40 Stat. 1669, authorized citizens
    owning letters patent issued by the German Empire to pay any tax,
    annuity or fee required by the laws of the German Empire for
    preservation of their rights in the letters patent.

-End-



-CITE-
    50 USC APPENDIX Sec. 11                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 11. Importations prohibited

-STATUTE-
      Whenever during the present war the President shall find that the
    public safety so requires and shall make proclamation thereof it
    shall be unlawful to import into the United States from any country
    named in such proclamation any article or articles mentioned in
    such proclamation except at such time or times, and under such
    regulations or orders, and subject to such limitations and
    exceptions as the President shall prescribe, until otherwise
    ordered by the President or by Congress: Provided, however, That no
    preference shall be given to the ports of one State over those of
    another.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 11, 40 Stat. 422.)


-MISC1-
                      EXTENSION OF IMPORT LIMITATIONS                  
      Joint Res. Nov. 19, 1919, ch. 121, 41 Stat. 361, continued
    provisions of section 1 et seq. of this Appendix and proclamations
    limiting imports to Jan. 15, 1920.


-EXEC-
                         PRESIDENT'S PROCLAMATIONS                     
      Proclamation of Nov. 28, 1917, 40 Stat. 1722, forbade importation
    of various articles except under license granted by War Trade
    Board.
      Proclamation of Feb. 14, 1918, 40 Stat. 1748, added other
    articles to list of articles upon which import limitations were
    placed.

-End-



-CITE-
    50 USC APPENDIX Sec. 12                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 12. Property transferred to Alien Property Custodian

-STATUTE-
      All moneys (including checks and drafts payable on demand) paid
    to or received by the alien property custodian pursuant to this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] shall be
    deposited forthwith in the Treasury of the United States, and may
    be invested and reinvested by the Secretary of the Treasury in
    United States bonds or United States certificates of indebtedness,
    under such rules and regulations as the President shall prescribe
    for such deposit, investment, and sale of securities; and as soon
    after the end of the war as the President shall deem practicable,
    such securities shall be sold and the proceeds deposited in the
    Treasury.
      All other property of an enemy, or ally of enemy, conveyed,
    transferred, assigned, delivered, or paid to the alien property
    custodian hereunder shall be safely held and administered by him
    except as hereinafter provided; and the President is authorized to
    designate as a depositary, or depositaries, of property of an enemy
    or ally of enemy, any bank, or banks, or trust company, or trust
    companies, or other suitable depositary or depositaries, located
    and doing business in the United States. The alien property
    custodian may deposit with such designated depositary or
    depositaries, or with the Secretary of the Treasury, any stocks,
    bonds, notes, time drafts, time bills of exchange, or other
    securities, or property (except money or checks or drafts payable
    on demand which are required to be deposited with the Secretary of
    the Treasury) and such depositary or depositaries shall be
    authorized and empowered to collect any dividends or interest or
    income that may become due and any maturing obligations held for
    the account of such custodian. Any moneys collected on said account
    shall be paid and deposited forthwith by said depositary or by the
    alien property custodian into the Treasury of the United States as
    hereinbefore provided.
      The President shall require all such designated depositaries to
    execute and file bonds sufficient in his judgment to protect
    property on deposit, such bonds to be conditioned as he may direct.
      The alien property custodian shall be vested with all of the
    powers of a common-law trustee in respect of all property, other
    than money, which has been or shall be, or which has been or shall
    be required to be, conveyed, transferred, assigned, delivered, or
    paid over to him in pursuance of the provisions of this Act [said
    sections], and, in addition thereto, acting under the supervision
    and direction of the President, and under such rules and
    regulations as the President shall prescribe, shall have power to
    manage such property and do any act or things in respect thereof or
    make any disposition thereof or of any part thereof, by sale or
    otherwise, and exercise any rights or powers which may be or become
    appurtenant thereto or to the ownership thereof in like manner as
    though he were the absolute owner thereof: Provided, That any
    property sold under this Act [said sections] except when sold to
    the United States, shall be sold only to American citizens, at
    public sale to the highest bidder, after public advertisement of
    time and place of sale which shall be where the property or a major
    portion thereof is situated, unless the President stating the
    reasons therefor, in the public interest shall otherwise determine:
    Provided further, That when sold at public sale, the alien property
    custodian upon the order of the President stating the reasons
    therefor, shall have the right to reject all bids and resell such
    property at public sale or otherwise as the President may direct.
    Any person purchasing property from the alien property custodian
    for an undisclosed principal, or for re-sale to a person not a
    citizen of the United States, or for the benefit of a person not a
    citizen of the United States, shall be guilty of a misdemeanor,
    and, upon conviction, shall be subject to a fine of not more than
    $10,000, or imprisonment for not more than ten years, or both, and
    the property shall be forfeited to the United States. It shall be
    the duty of every corporation incorporated within the United States
    and every unincorporated association, or company, or trustee, or
    trustees within the United States issuing shares or certificates
    representing beneficial interests to transfer such shares or
    certificates upon its, his, or their books into the name of the
    alien property custodian upon demand, accompanied by the
    presentation of the certificates which represent such shares or
    beneficial interests. The alien property custodian shall forthwith
    deposit in the Treasury of the United States, as hereinbefore
    provided, the proceeds of any such property or rights so sold by
    him.
      Any money or property required or authorized by the provisions of
    this Act [said sections] to be paid, conveyed, transferred,
    assigned, or delivered to the alien property custodian shall, if
    said custodian shall so direct by written order, be paid, conveyed,
    transferred, assigned, or delivered to the Treasurer of the United
    States with the same effect as if to the alien property custodian.
      After the end of the war any claim of any enemy or of an ally of
    enemy to any money or other property received and held by the alien
    property custodian or deposited in the United States Treasury,
    shall be settled as Congress shall direct: Provided, however, That
    on order of the President as set forth in section nine hereof
    [section 9 of this Appendix], or of the court, as set forth in
    sections nine and ten hereof [sections 9 and 10 of this Appendix],
    the alien property custodian or the Treasurer of the United States,
    as the case may be, shall forthwith convey, transfer, assign, and
    pay to the person to whom the President shall so order, or in whose
    behalf the court shall enter final judgment or decree, any property
    of an enemy or ally of enemy held by said custodian or by said
    Treasurer, so far as may be necessary to comply with said order of
    the President or said final judgment or decree of the court: And
    provided further, That the Treasurer of the United States, on order
    of the alien property custodian shall, as provided in section ten
    hereof [section 10 of this Appendix], repay to the licensee any
    funds deposited by said licensee.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 12, 40 Stat. 423; Mar. 28, 1918, ch.
    28, Sec. 1, 40 Stat. 460.)


-MISC1-
                                AMENDMENTS                            
      1918 - Act Mar. 28, 1918, required that property sold be sold at
    public sale to American citizens, gave Custodian right to reject
    bids, and made violations of sale regulations subject to fine or
    imprisonment as misdemeanors.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-EXEC-
                            DELEGATION OF POWER                        
      Ex. Ord. No. 6237-A, eff. July 30, 1933, provided:
      "I hereby vest in the Alien Property Custodian, and in the event
    of his death, resignation, absence, or disability, in the General
    Counsel, and in the event of his death, resignation, absence, or
    disability during his period of authority, then in the Director of
    Finance and Accounts of the Office of the Alien Property Custodian,
    all power and authority conferred upon me by the provisions of the
    act approved October 6, 1917, known as the "Trading With the Enemy
    Act," as amended [sections 1 to 6, 7 to 39, and 41 to 44 of this
    Appendix] pertaining to the deposit, transfer, and payment of
    moneys, and interest which may have accrued thereon, which may be
    or have been deposited with the Treasurer of the United States, and
    to release and deliver property held under and by virtue of said
    acts: Provided, however, That all claims which are required to be
    submitted to the Attorney General and to the President, as provided
    in Executive Order No. 4862 of April 23, 1928, shall continue to be
    submitted to the Attorney General and to the President. Any order
    of payment of money, and interest, which may be executed by said
    officials shall constitute a ratification of all previous orders or
    acts, by virtue of which the funds in the possession of the
    Treasurer of the United States have been placed to the credit of
    the particular trusts on which such orders are drawn. I hereby
    revoke all former orders in conflict herewith."
      Ex. Ord. No. 7894, eff. May 23, 1938, 3 F.R. 998 authorized and
    directed "the Attorney General of the United States to exercise all
    power and authority conferred upon the President by section 12 of
    the said [Trading with the Enemy] act, as amended [section 12 of
    this Appendix]."


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 13                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 13. Statements by masters of vessels and owners of cargoes
      before granting clearances

-STATUTE-
      During the present war, in addition to the facts required by
    sections forty-one hundred and ninety-seven [46 App. U.S.C. 91],
    forty-one hundred and ninety-eight,(!1) and forty-two hundred (!1)
    of the Revised Statutes, as amended by the Act of June fifteenth,
    nineteen hundred and seventeen, to be set out in the master's and
    shipper's manifests before clearance will be issued to vessels
    bound to foreign ports, the master or person in charge of any
    vessel, before departure of such vessel from port, shall deliver to
    the collector of customs of the district wherein such vessel is
    located a statement duly verified by oath that the cargo is not
    shipped or to be delivered in violation of this Act [sections 1 to
    6, 7 to 39, and 41 to 44 of this Appendix], and the owners,
    shippers, or consignors of the cargo of such vessels shall in like
    manner deliver to the collector like statement under oath as to the
    cargo or the parts thereof laden or shipped by them, respectively,
    which statement shall contain also the names and addresses of the
    actual consignees of the cargo, or if the shipment is made to a
    bank or other broker, factor, or agent, the names and addresses of
    the persons who are the actual consignees on whose account the
    shipment is made. The master or person in control of the vessel
    shall, on reaching port of destination of any of the cargo, deliver
    a copy of the manifest and of the said master's, owner's shipper's,
    or consignor's statement to the American consular officer of the
    district in which the cargo is unladen.


-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 13, 40 Stat. 424.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The amendment by act June 15, 1917, referred to in text, probably
    means the amendment made by section 4 of title V of act June 15,
    1917, ch. 30, 40 Stat. 222.
      Section 4198 of the Revised Statutes, referred to in text, which
    was classified to section 94 of former Title 46, Shipping, was
    repealed by Pub. L. 103-182, title VI, Sec. 690(a)(8), Dec. 8,
    1993, 107 Stat. 2223.
      Section 4200 of the Revised Statutes, referred to in text, which
    was classified to section 92 of former Title 46, was repealed by
    Pub. L. 87-826, Sec. 3, Oct. 15, 1962, 76 Stat. 953.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All offices of collector of customs, comptroller of customs,
    surveyor of customs, and appraiser of merchandise in Bureau of
    Customs of Department of the Treasury to which appointments were
    required to be made by President with advice and consent of Senate
    ordered abolished with such offices to be terminated not later than
    Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30
    F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5,
    Government Organization and Employees. All functions of offices
    eliminated were already vested in Secretary of the Treasury by
    Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, set out in the Appendix to Title 5.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 14                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 14. False manifest; refusal of clearance; reports of gold or
      silver coin in cargoes for export

-STATUTE-
      During the present war, whenever there is reasonable cause to
    believe that the manifest or the additional statements under oath
    required by the preceding section [section 13 of this Appendix] are
    false or that any vessel, domestic or foreign, is about to carry
    out of the United States any property to or for the account or
    benefit of an enemy, or ally of enemy, or any property or person
    whose export, taking out, or transport will be in violation of law,
    the collector of customs for the district in which such vessel is
    located is authorized and empowered subject to review by the
    President to refuse clearance to any such vessel, domestic or
    foreign, for which clearance is required by law, and by formal
    notice served upon the owners, master, or person or persons in
    command or charge of any domestic vessel for which clearance is not
    required by law, to forbid the departure of such vessel from the
    port, and it shall thereupon be unlawful for such vessel to depart.
      The collector of customs shall, during the present war, in each
    case report to the President the amount of gold or silver coin or
    bullion or other moneys of the United States contained in any cargo
    intended for export. Such report shall include the names and
    addresses of the consignors and consignees, together with any facts
    known to the collector with reference to such shipment and
    particularly those which may indicate that such gold or silver coin
    or bullion or moneys of the United States may be intended for
    delivery or may be delivered, directly or indirectly, to an enemy
    or an ally of enemy.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 14, 40 Stat. 424.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All offices of collector of customs, comptroller of customs,
    surveyor of customs, and appraiser of merchandise in Bureau of
    Customs of Department of the Treasury to which appointments were
    required to be made by President with advice and consent of Senate
    ordered abolished with such offices to be terminated not later than
    Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30
    F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5,
    Government Organization and Employees. All functions of offices
    eliminated were already vested in Secretary of the Treasury by
    Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, set out in the Appendix to Title 5.

-End-



-CITE-
    50 USC APPENDIX Sec. 15                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 15. Omitted

-COD-
                               CODIFICATION                           
      Section, act Oct. 6, 1917, ch. 106, Sec. 15, 40 Stat. 425, made
    an appropriation of $450,000 for purpose of carrying out the Act
    during fiscal year ending June 30, 1918.

-End-



-CITE-
    50 USC APPENDIX Sec. 16                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 16. Offenses; punishment; forfeitures of property

-STATUTE-
      (a) Whoever shall willfully violate any of the provisions of this
    Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] or of
    any license, rule, or regulation issued thereunder, and whoever
    shall willfully violate, neglect, or refuse to comply with any
    order of the President issued in compliance with the provisions of
    the Act [said sections] shall, upon conviction, be fined not more
    than $1,000,000, or if a natural person, be fined not more than
    $100,000, or imprisoned for not more than ten years or both; and
    the officer, director, or agent of any corporation who knowingly
    participates in such violation shall, upon conviction, be fined not
    more than $100,000 or imprisoned for not more than ten years or
    both.
      (b)(1) A civil penalty of not to exceed $50,000 may be imposed by
    the Secretary of the Treasury on any person who violates any
    license, order, rule, or regulation issued in compliance with the
    provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix].
      (2) Any property, funds, securities, papers, or other articles or
    documents, or any vessel, together with its tackle, apparel,
    furniture, and equipment, that is the subject of a violation under
    paragraph (1) shall, at the direction of the Secretary of the
    Treasury, be forfeited to the United States Government.
      (3) The penalties provided under this subsection may be imposed
    only on the record after opportunity for an agency hearing in
    accordance with sections 554 through 557 of title 5, United States
    Code, with the right to prehearing discovery.
      (4) Judicial review of any penalty imposed under this subsection
    may be had to the extent provided in section 702 of title 5, United
    States Code.
      (c) Upon conviction, any property, funds, securities, papers, or
    other articles or documents, or any vessel, together with tackle,
    apparel, furniture, and equipment, concerned in any violation of
    subsection (a) may be forfeited to the United States.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 16, 40 Stat. 425; Pub. L. 95-223,
    title I, Sec. 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102-
    393, title VI, Sec. 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102-
    484, div. A, title XVII, Sec. 1710(c), Oct. 23, 1992, 106 Stat.
    2580; Pub. L. 104-114, title I, Sec. 102(d), Mar. 12, 1996, 110
    Stat. 792.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-114, Sec. 102(d)(3)(A), made technical
    amendment inserting section designation in original.
      Subsec. (a). Pub. L. 104-114, Sec. 102(d)(3)(B), substituted
    "participates" for "participants".
      Subsec. (b). Pub. L. 104-114, Sec. 102(d)(1), amended subsec.
    (b), as added by Pub. L. 102-484, generally. Prior to amendment,
    subsec. (b) read as follows:
      "(b)(1) The Secretary of the Treasury may impose a civil penalty
    of not more than $50,000 on any person who violates any license,
    order, rule, or regulation issued under this Act.
      "(2) Any property, funds, securities, papers, or other articles
    or documents, or any vessel, together with its tackle, apparel,
    furniture, and equipment, that is the subject of a violation under
    paragraph (1) shall, at the discretion of the Secretary of the
    Treasury, be forfeited to the United States Government.
      "(3) The penalties provided under this subsection may not be
    imposed for - 
        "(A) news gathering, research, or the export or import of, or
      transmission of, information or informational materials; or
        "(B) clearly defined educational or religious activities, or
      activities of recognized human rights organizations, that are
      reasonably limited in frequency, duration, and number of
      participants.
      "(4) The penalties provided under this subsection may be imposed
    only on the record after opportunity for an agency hearing in
    accordance with sections 554 through 557 of title 5, United States
    Code, with the right to prehearing discovery.
      "(5) Judicial review of any penalty imposed under this subsection
    may be had to the extent provided in section 702 of title 5, United
    States Code."
      Pub. L. 104-114, Sec. 102(d)(2), struck out subsec. (b), as added
    by Pub. L. 102-393, which read as follows:
      "(b)(1) A civil penalty of not to exceed $50,000 may be imposed
    by the Secretary of the Treasury on any person who violates any
    license, order, rule, or regulation issued in compliance with the
    provisions of this Act.
      "(2) The penalties provided under this subsection may not be
    imposed for - 
        "(A) news gathering, research, or the export or import of, or
      transmission of, information or informational materials; or
        "(B) clearly defined educational or religious activities, or
      activities of recognized human rights organizations, that are
      reasonably limited in frequency, duration, and number of
      participants."
      1992 - Pub. L. 102-484, which directed substitution of "(a)
    Whoever" for "That whoever" and addition of subsec. (b) at end, was
    executed to reflect the probable intent of Congress in light of the
    intervening general amendment by Pub. L. 102-393 (see below), by
    adding subsec. (b) after subsec. (a).
      Pub. L. 102-393 amended section generally, substituting subsecs.
    (a) to (c) for former undesignated provisions which read as
    follows: "Whoever shall willfully violate any of the provisions of
    this Act or of any license, rule, or regulation issued thereunder,
    and whoever shall willfully violate, neglect, or refuse to comply
    with any order of the President issued in compliance with the
    provisions of this Act shall, upon conviction, be fined not more
    than $50,000, or, if a natural person, imprisoned for not more than
    ten years, or both; and the officer, director, or agent of any
    corporation who knowingly participates in such violation shall be
    punished by a like fine, imprisonment, or both, and any property,
    funds, securities, papers, or other articles or documents, or any
    vessel, together with her tackle, apparel, furniture, and
    equipment, concerned in such violation shall be forfeited to the
    United States."
      1977 - Pub. L. 95-223 substituted "$50,000" for "$10,000".

-End-



-CITE-
    50 USC APPENDIX Sec. 17                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 17. Rules by district courts; appeals

-STATUTE-
      The district courts of the United States are given jurisdiction
    to make and enter all such rules as to notice and otherwise, and
    all such orders and decrees, and to issue such process as may be
    necessary and proper in the premises to enforce the provisions of
    this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix],
    with a right of appeal from the final order or decree of such court
    as provided in sections one hundred and twenty-eight and two
    hundred and thirty-eight of the Act of March third, nineteen
    hundred and eleven, entitled "An Act to codify, revise, and amend
    the laws relating to the judiciary."

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 17, 40 Stat. 425.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections one hundred and twenty-eight and two hundred and thirty-
    eight of the Act of March third, nineteen hundred and eleven,
    entitled "An Act to codify, revise, and amend the laws relating to
    the judiciary", referred to in text, enacted sections 225 and 345
    of former Title 28, Judicial Code and Judiciary, respectively.
    Section 225 of former Title 28 was repealed by act June 25, 1948,
    ch. 646, Sec. 39, 62 Stat. 992, and reenacted as sections 1291,
    1292, 1293, and 1294 of Title 28, Judiciary and Judicial Procedure.
    Section 345 of former Title 28 was repealed by act June 25, 1948,
    ch. 646, Sec. 39, 62 Stat. 992.

-End-



-CITE-
    50 USC APPENDIX Sec. 18                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 18. Jurisdiction of courts of Philippines and Canal Zone of
      offenses

-STATUTE-
      The several courts of first instance in the Philippine Islands
    and the district court of the Canal Zone shall have jurisdiction of
    offenses under this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix] committed within their respective districts, and
    concurrent jurisdiction with the district courts of the United
    States of offenses under this Act [said sections] committed upon
    the high seas and of conspiracies to commit such offenses as
    defined by section thirty-seven of the Act entitled "An Act to
    codify, revise, and amend the penal laws of the United States,"
    approved March fourth, nineteen hundred and nine, and the
    provisions of such section for the purpose of this Act [said
    sections] are extended to the Philippine Islands and to the Canal
    Zone.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 18, 40 Stat. 425.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section thirty-seven of the Act entitled "An Act to codify,
    revise, and amend the penal laws of the United States," approved
    March fourth, nineteen hundred and nine, referred to in text,
    enacted section 88 of former Title 18, Criminal Code and Criminal
    Procedure, and was repealed by act June 25, 1948, ch. 645, Sec. 21,
    62 Stat. 862, and reenacted as section 371 of Title 18, Crimes and
    Criminal Procedure.


-TRANS-
    TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
                                CANAL ZONE
      For termination of the United States District Court for the
    District of the Canal Zone at end of the "transition period", being
    the 30-month period beginning Oct. 1, 1979, and ending midnight
    Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
    Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
    Relations and Intercourse.


-MISC1-
                          PHILIPPINE INDEPENDENCE                      
      Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352,
    issued pursuant to section 1394 of Title 22, Foreign Relations and
    Intercourse, recognized the independence of the Philippine Islands
    as of July 4, 1946, and is set out under that section.

-End-



-CITE-
    50 USC APPENDIX Sec. 19                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 19. Print, newspaper or publication in foreign languages

-STATUTE-
      Ten days after the approval of this act [Oct. 6, 1917] and until
    the end of the war, it shall be unlawful for any person, firm,
    corporation, or association, to print, publish, or circulate, or
    cause to be printed, published, or circulated in any foreign
    language, any news item, editorial or other printed matter,
    respecting the Government of the United States, or of any nation
    engaged in the present war, its policies, international relations,
    the state or conduct of the war, or any matter relating thereto:
    Provided, That this section shall not apply to any print,
    newspaper, or publication where the publisher or distributor
    thereof, on or before offering the same for mailing, or in any
    manner distributing it to the public, has filed with the postmaster
    at the place of publication, in the form of an affidavit, a true
    and complete translation of the entire article containing such
    matter proposed to be published in such print, newspaper, or
    publication, and has caused to be printed, in plain type in the
    English language, at the head of each such item, editorial, or
    other matter, on each copy of such print, newspaper, or
    publication, the words "True translation filed with the postmaster
    at ____ on ____ (naming the post office where the translation was
    filed, and the date of filing thereof), as required by the Act of
    ____ (here giving the date of this Act [Oct. 6, 1917])."
      Any print, newspaper, or publication in any foreign language
    which does not conform to the provisions of this section is
    declared to be nonmailable, and it shall be unlawful for any
    person, firm, corporation, or association, to transport, carry, or
    otherwise publish or distribute the same, or to transport, carry or
    otherwise publish or distribute any matter which is made
    nonmailable by the provisions of the Act relating to espionage,
    approved June fifteenth, nineteen hundred and seventeen: Provided,
    further, That upon evidence satisfactory to him that any print,
    newspaper, or publication, printed in a foreign language may be
    printed, published, and distributed free from the foregoing
    restrictions and conditions without detriment to the United States
    in the conduct of the present war, the President may cause to be
    issued to the printers or publishers of such print, newspaper, or
    publication, a permit to print, publish, and circulate the issue or
    issues of their print, newspaper, or publication, free from such
    restrictions and requirements, such permits to be subject to
    revocation at his discretion. And the Postmaster General (!1) shall
    cause copies of all such permits and revocations of permits to be
    furnished to the postmaster of the post office serving the place
    from which the print, newspaper, or publication, granted the permit
    is to emanate. All matter printed, published and distributed under
    permits shall bear at the head thereof in plain type in the English
    language, the words, "Published and distributed under permit
    authorized by the Act of ____ (here giving date of this Act [Oct.
    6, 1917]), on file at the post office of ____ (giving name of
    office)."

      Any person who shall make an affidavit containing any false
    statement in connection with the translation provided for in this
    section shall be guilty of the crime of perjury and subject to the
    punishment provided therefor by section one hundred and twenty-five
    of the Act of March fourth, nineteen hundred and nine, entitled "An
    Act to codify, revise, and amend the penal laws of the United
    States," and any person, firm, corporation, or association,
    violating any other requirement of this section shall, on
    conviction thereof, be punished by a fine of not more than $500, or
    by imprisonment of not more than one year, or, in the discretion of
    the court, may be both fined and imprisoned.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 19, 40 Stat. 425.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Provision of the Act relating to espionage approved June
    fifteenth, nineteen hundred and seventeen, referred to in text,
    means act June 15, 1917, ch. 30, title I, Secs. 1-8, 40 Stat. 217,
    as amended, which enacted sections 31 to 38 of Title 50, War and
    National Defense, and which was repealed by act June 25, 1948, ch.
    645, Sec. 21, 62 Stat. 862, and reenacted as sections 792 to 794
    and 2388 of Title 18, Crimes and Criminal Procedure.
      Section one hundred and twenty-five of the Act of March fourth,
    nineteen hundred and nine, entitled "An Act to codify, revise, and
    amend the penal laws of the United States", referred to in text,
    enacted section 231 of former Title 18, Criminal Code and Criminal
    Procedure, was repealed by act June 25, 1948, ch. 645, Sec. 21, 62
    Stat. 862, and reenacted as section 1621 of Title 18, Crimes and
    Criminal Procedure.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of Postmaster General of Post Office Department abolished
    and functions, powers, and duties of Postmaster General transferred
    to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug.
    12, 1970, 84 Stat. 773, set out as a note under section 201 of
    Title 39, Postal Service.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 20                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 20. Fees of agents, attorneys, or representatives

-STATUTE-
      No property or interest or proceeds shall be returned under this
    Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], nor
    shall any payment be made or judgment awarded in respect of any
    property or interest vested in or transferred to any officer or
    agency of the United States under this Act [said sections] unless
    satisfactory evidence is furnished to the President or such officer
    or agency as he may designate, or the court, as the case may be,
    that the aggregate of the fees to be paid to all agents, attorneys
    at law or in fact, or representatives, for services rendered in
    connection with such return or payment or judgment does not exceed
    10 per centum of the value of such property or interest or proceeds
    or of such payment. Any agent, attorney at law or in fact, or
    representative, believing that the aggregate of the fees should be
    in excess of such 10 per centum may in the case of any return of,
    or the making of any payment in respect of, such property or
    interest or proceeds by the President or such officer or agency as
    he may designate, petition the district court of the United States
    for the district in which he resides for an order authorizing fees
    in excess of 10 per centum and shall name such officer or agency as
    respondent. The court hearing such petition, or a court awarding
    any judgment in respect of any such property or interest or
    proceeds, as the case may be, shall approve an aggregate of fees in
    excess of 10 per centum of the value of such property or interest
    or proceeds only upon a finding that there exist special
    circumstances of unusual hardship which require the payment of such
    excess. Any person accepting any fee in excess of an amount
    approved hereunder, or retaining for more than thirty days any
    portion of a fee, accepted prior to approval hereunder, in excess
    of the fee as approved, shall be guilty of a violation of this Act
    [said sections].

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 20, as added Mar. 4, 1923, ch. 285,
    Sec. 2, 42 Stat. 1515; amended Mar. 10, 1928, ch. 167, Sec. 9(c),
    45 Stat. 267; Mar. 8, 1946, ch. 83, Sec. 2, 60 Stat. 54; June 25,
    1956, ch. 436, 70 Stat. 331.)


-MISC1-
                                AMENDMENTS                            
      1956 - Act June 25, 1956, struck out provisions which required a
    schedule of fees to be furnished to, and approved by, the President
    or such officer or agency as he designated, and which permitted
    approval of such schedule of fees only upon a determination that
    the individual fees did not exceed fair compensation for services
    rendered.
      1946 - Act Mar. 8, 1946, raised limitation of fees from 3 per
    centum of amount involved to 10 per centum.
      1928 - Act Mar. 10, 1928, inserted "at law or in fact" after
    "attorney" wherever appearing.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-EXEC-
       EX. ORD. NO. 9725. ADMINISTRATION OF POWERS AND AUTHORITY OF
                   PRESIDENT BY ALIEN PROPERTY CUSTODIAN
      Ex. Ord. No. 9725, May 16, 1946, 11 F.R. 5381, provided:
      The Alien Property Custodian is designated as the officer to
    administer the powers and authority conferred upon the President by
    section 20 of the Trading with the Enemy Act, as amended by Public
    Law 322, 79th Congress, approved March 8, 1946 [this section], and
    by section 32 of the said act, as added by the said Public Law 322
    [section 32 of this Appendix].
      The Alien Property Custodian may delegate to officers and
    employees of the Office of Alien Property Custodian such functions
    as he may deem necessary to carry out the provisions of this order.
      This order shall not be construed as revoking or limiting any
    power or authority heretofore delegated to the Alien Property
    Custodian.
                                                        Harry S. Truman.

-End-



-CITE-
    50 USC APPENDIX Sec. 21                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 21. Claims of naturalized citizens as affected by expatriation

-STATUTE-
      The claim of any naturalized American citizen under the
    provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix] shall not be denied on the ground of any presumption
    of expatriation which has arisen against him, under the second
    sentence of section 2 of the Act entitled "An Act in reference to
    the expatriation of citizens and their protection abroad," approved
    March 2, 1907, if he shall give satisfactory evidence to the
    President, or the court, as the case may be, of his uninterrupted
    loyalty to the United States during his absence, and that he has
    returned to the United States, or that he, although desiring to
    return, has been prevented from so returning by circumstances
    beyond his control.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 21, as added Mar. 4, 1923, ch. 285,
    Sec. 2, 42 Stat. 1516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The second sentence of section 2 of the Act entitled "An Act in
    reference to the expatriation of citizens and their protection
    abroad," approved March 2, 1907, referred to in text, is the second
    sentence of section 2 of act Mar. 2, 1907, ch. 2534, 34 Stat. 1228,
    which was classified to section 17 of Title 8, Aliens and
    Nationality, and which was repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172.

-End-



-CITE-
    50 USC APPENDIX Sec. 22                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 22. Fugitives from justice barred from recovery

-STATUTE-
      No person shall be entitled to the return of any property or
    money under any provision of this Act [sections 1 to 6, 7 to 39,
    and 41 to 44 of this Appendix], or any amendment of this Act [said
    sections], who is a fugitive from justice of the United States or
    any State or Territory thereof, or the District of Columbia.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 22, as added Mar. 4, 1923, ch. 285,
    Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 16, 45
    Stat. 275.)


-MISC1-
                                AMENDMENTS                            
      1928 - Act Mar. 10, 1928, inserted "or any amendment of this Act"
    after "any provision of this Act".

-End-



-CITE-
    50 USC APPENDIX Sec. 23                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 23. Payment of income, etc., by Alien Property Custodian

-STATUTE-
      The Alien Property Custodian is directed to pay to the person
    entitled thereto, from and after March 4, 1923, the net income
    (including dividends, interest, annuities, and other earnings),
    accruing and collected thereafter, in respect of any money or
    property held in trust for such person by the Alien Property
    Custodian or by the Treasurer of the United States for the account
    of the Alien Property Custodian, under such rules and regulations
    as the President may prescribe.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 23, as added Mar. 4, 1923, ch. 285,
    Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 17, 45
    Stat. 275.)


-MISC1-
                                AMENDMENTS                            
      1928 - Act Mar. 10, 1928, struck out restriction that no person
    be paid any amount over $10,000 per annum.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 24                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 24. Payment of taxes and expenses by Alien Property Custodian

-STATUTE-
      (a) The Alien Property Custodian is authorized to pay all taxes
    (including special assessments), heretofore or hereafter lawfully
    assessed by any body politic against any money or other property
    held by him or by the Treasurer of the United States under this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix], and to
    pay the necessary expenses incurred by him or by any depositary for
    him in securing the possession, collection, or control of any such
    money or other property, or in protecting or administering the
    same. Such taxes and expenses shall be paid out of the money or
    other property against which such taxes are assessed or in respect
    of which such expenses are incurred, or (if such money or other
    property is insufficient) out of any other money or property held
    for the same person, notwithstanding the fact that a claim may have
    been filed or suit instituted under this Act [said sections]. No
    claim shall be filed with the Alien Property Custodian or allowed
    by him or by the President of the United States, nor shall any suit
    be instituted or maintained against the Alien Property Custodian or
    the Treasurer of the United States, or the United States, under any
    provisions of law, by any person who was an enemy or ally of enemy
    as defined in the Trading with the Enemy Act, as amended [said
    sections], and no allowance of any such claim now pending shall be
    made, nor judgment entered in any such suit heretofore or hereafter
    instituted, for the recovery of any deduction or deductions,
    heretofore or hereafter made by the Alien Property Custodian from
    money or properties, or income therefrom, held by him or by the
    Treasurer of the United States hereunder, for the general or
    administrative expenses of the office of the Alien Property
    Custodian, which deduction or deductions on the collection of any
    income do not exceed the sum of two per centum of such income or
    which on the return of any moneys or properties or income
    therefrom, do not exceed the sum of two per centum of the aggregate
    value thereof at the time or times as nearly as may be, of such
    deduction or deductions, or, for the recovery of any deduction or
    deductions heretofore or hereafter made by the Alien Property
    Custodian from money or properties or income therefrom held by him
    or by the Treasurer of the United States hereunder, for any and all
    necessary expenses incurred and actually disbursed by the Alien
    Property Custodian or by any depositary for him in securing the
    possession, collection or control of any such money or properties
    or income therefrom, or in protecting or administering the same, as
    said general or administrative and other expenses and said
    aggregate value of returned money or properties or income therefrom
    have been heretofore or shall be hereafter determined by said Alien
    Property Custodian.
      (b) In the case of income, war-profits, excess-profits, or estate
    taxes imposed by any Act of Congress, the amount thereof shall,
    under regulations prescribed by the Commissioner of Internal
    Revenue with the approval of the Secretary of the Treasury, be
    computed in the same manner (except as hereinafter in this section
    provided) as though the money or other property had not been seized
    by or paid to the Alien Property Custodian, and shall be paid as
    far as practicable, in accordance with subsection (a) of this
    section. Pending final determination of the tax liability the Alien
    Property Custodian is authorized to return, in accordance with the
    provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix], money or other property in any trust in such
    amounts as may be determined, under regulations prescribed by the
    Commissioner of Internal Revenue with the approval of the Secretary
    of the Treasury, to be consistent with the prompt payment of the
    full amount of the internal-revenue taxes. Notwithstanding the
    expiration of any period of limitation provided by law, credit or
    refund of any income, war-profits, or excess-profits tax
    erroneously or illegally assessed or collected may be made or
    allowed if claim therefor was filed with the Commissioner of
    Internal Revenue by the Alien Property Custodian on or before
    February 15, 1933.
      (c) So much of the net income of a taxpayer for the taxable year
    1917, or any succeeding taxable year, as represents the gain
    derived from the sale or exchange by the Alien Property Custodian
    of any property conveyed, transferred, assigned, delivered, or paid
    to him, or seized by him, may at the option of the taxpayer be
    segregated from the net income and separately taxed at the rate of
    30 per centum. This subsection shall be applied and the amount of
    net income to be so segregated shall be determined, under
    regulations prescribed by the Commissioner of Internal Revenue with
    the approval of the Secretary of the Treasury, as nearly as may be
    in the same manner as provided in section 208 of the Revenue Act of
    1926 (relating to capital net gains), but without regard to the
    period for which the property was held by the Alien Property
    Custodian before its sale or exchange, and whether or not the
    taxpayer is an individual.
      (d) Any property sold or exchanged by the Alien Property
    Custodian (whether before or after the date of the enactment of the
    Settlement of War Claims Act of 1928 [Mar. 10, 1928]) shall be
    considered as having been compulsorily or involuntarily converted,
    within the meaning of the income, excess-profits, and war-profits
    tax laws and regulations; and the provisions of such laws and
    regulations relating to such a conversion shall (under regulations
    prescribed by the Commissioner of Internal Revenue with the
    approval of the Secretary of the Treasury) apply in the case of the
    proceeds of such sale or exchange. For the purpose of determining
    whether the proceeds of such conversion have been expended within
    such time as will entitle the taxpayer to the benefits of such laws
    and regulations relating to such a conversion, the date of the
    return of the proceeds to the person entitled thereto shall be
    considered as the date of the conversion.
      (e) In case of any internal-revenue tax imposed in respect of
    property conveyed, transferred, assigned, delivered, or paid to the
    Alien Property Custodian, or seized by him, and imposed in respect
    of any period (in the taxable year 1917 or any succeeding taxable
    year) during which such property was held by him or by the
    Treasurer of the United States, no interest or civil penalty shall
    be assessed upon, collected from, or paid by or on behalf of, the
    taxpayer; nor shall any interest be credited or paid to the
    taxpayer in respect of any credit or refund allowed or made in
    respect of such tax.
      (f) The benefits of subsections (c), (d), and (e) shall be
    extended to the taxpayer if claim therefor is filed before the
    expiration of the period of limitations properly applicable
    thereto, or before the expiration of six months after the date of
    the enactment of the Settlement of War Claims Act of 1928 [Mar. 10,
    1928], whichever date is the later. The benefits of subsection (d)
    shall also be extended to the taxpayer if claim therefor is filed
    before the expiration of six months after the return of the
    proceeds.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 24, as added Mar. 4, 1923, ch. 285,
    Sec. 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, Sec. 18, 45
    Stat. 276, 277; Mar. 28, 1934, ch. 102, title I, Sec. 1, 48 Stat.
    510; June 18, 1934, ch. 567, 48 Stat. 978.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 208 of the Revenue Act of 1926 (relating to capital net
    gains), referred to in subsec. (c), is act Feb. 26, 1926, ch. 27,
    Sec. 208, 44 Stat. 19, which enacted section 939 of former Title
    26, Internal Revenue, prior to its repeal by act May 29, 1928, ch.
    852, Sec. 63, 45 Stat. 810. See section 1201 et seq. of Title 26,
    Internal Revenue Code.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to subdivision (a) of this section was
    contained in the sundry civil appropriation act for the fiscal year
    1919, act July 1, 1918, ch. 113, 40 Stat. 646.

                                AMENDMENTS                            
      1934 - Subsec. (a). Act Mar. 28, 1934, inserted provisions
    relating to recovery by enemies of deductions made by Alien
    Property Custodian for administrative expenses.
      Subsec. (b). Act June 18, 1934, provided that credit or refund of
    income or war profits erroneously collected might be allowed if
    claim was filed on or before Feb. 15, 1933.
      1928 - Subsecs. (b) to (f). Act Mar. 10, 1928, designated
    existing provisions as subsec. (a) and added subsecs. (b) to (f).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment of Office of Alien Property Custodian during
    World War II, see notes set out under section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 25                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 25. Investments by Custodian in participating certificates
      issued by Secretary of the Treasury; transfers to and payments
      from German, Austrian or Hungarian special deposit accounts;
      allocation of payments

-STATUTE-
      (a)(1) The Alien Property Custodian is authorized and directed to
    invest, from time to time upon the request of the Secretary of the
    Treasury, out of the funds held by the Alien Property Custodian or
    by the Treasurer of the United States for the Alien Property
    Custodian, an amount not to exceed $40,000,000 in the aggregate, in
    one or more participating certificates issued by the Secretary of
    the Treasury in accordance with the provisions of this section.
      (2) When in the case of any trust written consent under
    subsection (m) of section 9 [section 9(m) of this Appendix] has
    been filed, an amount equal to the portion of such trust the return
    of which is temporarily postponed under such subsection shall be
    credited against the investment made under paragraph (1) of this
    subsection. If the total amount so credited is in excess of the
    amount invested under paragraph (1) of this subsection, the excess
    shall be invested by the Alien Property Custodian in accordance
    with the provisions of this subsection, without regard to the
    $40,000,000 limitation in paragraph (1). If the amount invested
    under paragraph (1) of this subsection is in excess of the total
    amount so credited, such excess shall, from time to time on request
    of the Alien Property Custodian, be paid to him out of the funds in
    the German special deposit account created by section 4 of the
    Settlement of War Claims Act of 1928, and such payments shall have
    priority over any payments therefrom other than the payments under
    paragraph (1) of subsection (c) of such section (relating to
    expenses of administration).
      (b) The Alien Property Custodian is authorized and directed to
    invest, in one or more participating certificates issued by the
    Secretary of the Treasury, out of the unallocated interest fund, as
    defined in section 28 [section 28 of this Appendix] - 
      (1) The sum of $25,000,000. If, after the allocation under
    section 26 [section 26 of this Appendix] has been made, the amount
    of the unallocated interest fund allocated to the trust described
    in subsection (c) of such section is found to be in excess of
    $25,000,000, such excess shall be invested by the Alien Property
    Custodian in accordance with the provisions of this subsection. If
    the amount so allocated is found to be less than $25,000,000 any
    participating certificate or certificates that have been issued
    shall be corrected accordingly; and
      (2) The balance of such unallocated interest fund remaining after
    the investment provided for in paragraph (1) and the payment of
    allocated earnings in accordance with the provisions of subsection
    (b) of section 26 [section 26(b) of this Appendix] have been made.
      (c) If the amount of such unallocated interest fund, remaining
    after the investment required by paragraph (1) of subsection (b) of
    this section has been made, is insufficient to pay the allocated
    earnings in accordance with subsection (b) of section 26 [section
    26(b) of this Appendix], then the amount necessary to make up the
    deficiency shall be paid out of the funds in the German special
    deposit account created by section 4 of the Settlement of War
    Claims Act of 1928, and such payment shall have priority over any
    payments therefrom other than the payments under paragraph (1) of
    subsection (c) of such section (relating to expenses of
    administration) and the payments under paragraph (2) of subsection
    (a) of this section.
      (d) The Alien Property Custodian is authorized and directed
    (after the payment of debts under section 9 [section 9 of this
    Appendix]) to transfer to the Secretary of the Treasury, for
    deposit in such special deposit account, all money and the proceeds
    of all property, including all income, dividends, interest,
    annuities, and earnings accumulated in respect thereof, owned by
    the German Government or any member of the former ruling family.
    All money and other property shall be held to be owned by the
    German Government (1) if no claim thereto has been filed with the
    Alien Property Custodian prior to the expiration of three years
    from the date of the enactment of the Settlement of War Claims Act
    of 1928 [Mar. 10, 1928], or (2) if any claim has been filed before
    the expiration of such period (whether before or after the
    enactment of such Act), then if the ownership thereof under any
    such claim is not established by a decision of the Alien Property
    Custodian or by suit in court instituted, under section 9 [section
    9 of this Appendix], within one year after the decision of the
    Alien Property Custodian, or after the date of the enactment of the
    Settlement of War Claims Act of 1928, whichever date is later. The
    amounts so transferred under this subsection shall be credited upon
    the final payment due the United States from the German Government
    on account of the awards of the Mixed Claims Commission.
      (e) The Secretary of the Treasury is authorized and directed to
    issue to the Alien Property Custodian, upon such terms and
    conditions and under such regulations as the Secretary of the
    Treasury may prescribe, one or more participating certificates,
    bearing interest payable annually (as nearly as may be) at the rate
    of 5 per centum per annum, as evidence of the investment by the
    Alien Property Custodian under subsection (a), and one or more non-
    interest bearing participating certificates, as evidence of the
    investment by the Alien Property Custodian under subsection (b).
    All such certificates shall evidence a participating interest, in
    accordance with, and subject to the priorities of, the provisions
    of section 4 of the Settlement of War Claims Act of 1928, in the
    funds in the German special deposit account created by such
    section, except that - 
      (1) The United States shall assume no liability, directly or
    indirectly, for the payment of any such certificates, or of the
    interest thereon, except out of funds in such special deposit
    account available therefor, and all such certificates shall so
    state on their face; and
      (2) Such certificates shall not be transferable, except that the
    Alien Property Custodian may transfer any such participating
    certificate evidencing the interest of a substantial number of the
    owners of the money invested, to a trustee duly appointed by such
    owners.
      (f) Any amount of principal or interest paid to the Alien
    Property Custodian in accordance with the provisions of subsection
    (c) of section 4 of the Settlement of War Claims Act of 1928 shall
    be allocated pro rata among the persons filing written consents
    under subsection (m) of section 9 of this Act [section 9(m) of this
    Appendix], and the amounts so allocated shall be paid to such
    persons. If any person to whom any amount is payable under this
    subsection has died (or if, in the case of a partnership,
    association, or other unincorporated body of individuals, or a
    corporation, its existence has terminated), payment shall be made
    to the persons determined by the Alien Property Custodian to be
    entitled thereto.
      (g) The Alien Property Custodian is authorized and directed
    (after the payment of debts under section 9 [section 9 of this
    Appendix]) to transfer to the Secretary of the Treasury, for
    deposit in the special deposit account (Austrian or Hungarian, as
    the case may be), created by section 7 of the Settlement of War
    Claims Act of 1928, all money and the proceeds of all property,
    including all income, dividends, interest, annuities, and earnings
    accumulated in respect thereof, owned by the Austrian Government or
    any corporation all the stock of which was owned by or on behalf of
    the Austrian Government (including the property of the Imperial
    Royal Tobacco Monopoly, also known under the name of K. K.
    Oesterreichische Tabak Regie), or owned by the Hungarian Government
    or by any corporation all the stock of which was owned by or on
    behalf of the Hungarian Government.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 25, as added Mar. 10, 1928, ch. 167,
    Sec. 10, 45 Stat. 268; amended Feb. 21, 1929, ch. 291, 45 Stat.
    1255; Mar. 10, 1930, ch. 75, Sec. 2, 46 Stat. 84.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Settlement of War Claims Act of 1928, referred
    to in subsecs. (a)(2), (c), (e), and (f), is section 4 of act Mar.
    10, 1928, ch. 167, 45 Stat. 254, which is not classified to the
    Code.
      Section 7 of the Settlement of War Claims Act of 1928, referred
    to in subsec. (g), is section 7 of act Mar. 10, 1928, ch. 167, 45
    Stat. 254, which is not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      1930 - Subsec. (d)(1). Act Mar. 10, 1930, substituted "three
    years" for "two years".
      1929 - Subsec. (d)(1). Act Feb. 21, 1929, substituted "two years"
    for "one year".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment of Office of Alien Property Custodian during
    World War II, see notes set out under section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 26                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 26. Allocation of "unallocated interest fund"

-STATUTE-
      (a) The Alien Property Custodian shall allocate among the various
    trusts the funds in the "unallocated interest fund" (as defined in
    section 28 [section 28 of this Appendix]). Such allocation shall be
    based upon the earnings (determined by the Secretary of the
    Treasury) on the total amounts deposited under section 12 [section
    12 of this Appendix].
      (b) The Alien Property Custodian, when the allocation has been
    made, is authorized and directed to pay to each person entitled, in
    accordance with a final decision of a court of the United States or
    of the District of Columbia, or of an opinion of the Attorney
    General, to the distribution of any portion of such unallocated
    interest fund, the amount allocated to his trust, except as
    provided in subsection (c) of this section.
      (c) In the case of persons entitled, under paragraph (12), (13),
    (14), or (16) of subsection (b) of section 9 [section 9(b)(12),
    (13), (14), or (16) of this Appendix], to such return, and in the
    case of persons who would be entitled to such return thereunder if
    all such money or property had not been returned under paragraph
    (9) or (10) of such subsection [section 9(b)(9) or (10) of this
    Appendix], and in the case of persons entitled to such return under
    subsection (n) of section 9 [section 9(n) of this Appendix], an
    amount equal to the aggregate amount allocated to their trusts
    shall be credited against the sum of $25,000,000 invested in
    participating certificates under paragraph (1) of subsection (b) of
    section 25 [section 25(b)(1) of this Appendix]. If the aggregate
    amount so allocated is in excess of $25,000,000, an amount equal to
    the excess shall be invested in the same manner. Upon the repayment
    of any of the amounts so invested, under the provisions of section
    4 of the Settlement of War Claims Act of 1928, the amount so repaid
    shall be distributed pro rata among such persons, notwithstanding
    any receipts or releases given by them.
      (d) The unallocated interest fund shall be available for carrying
    out the provisions of this section, including the expenses of
    making the allocation.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 26, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 273; amended June 11, 1929, ch. 14, 46 Stat. 6.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Settlement of War Claims Act of 1928, referred
    to in subsec. (c), is section 4 of act Mar. 10, 1928, ch. 167, 45
    Stat. 254, which is not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      1929 - Subsec. (a). Act June 11, 1929, struck out "average rate
    of" before "earnings" in second sentence.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 27                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 27. Return by Custodian, to United States, of payments under
      licenses, assignments or sales of patents

-STATUTE-
      The Alien Property Custodian is authorized and directed to return
    to the United States any consideration paid to him by the United
    States under any license, assignment, or sale by the Alien Property
    Custodian to the United States of any patent (or any right therein
    or claim thereto, and including an application therefor and any
    patent issued pursuant to any such application).

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 27, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 274.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 28                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 28. "Unallocated interest fund" defined

-STATUTE-
      As used in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix], the term "unallocated interest fund" means the sum
    of (1) the earnings and profits accumulated prior to March 4, 1923,
    and attributable to investments and reinvestments under section 12
    [section 12 of this Appendix] by the Secretary of the Treasury,
    plus (2) the earnings and profits accumulated on or after March 4,
    1923, in respect of the earnings and profits referred to in clause
    (1) of this section.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 28, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 274.)

-End-



-CITE-
    50 USC APPENDIX Sec. 29                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 29. Waiver by Custodian of demand for property; acceptance of
      less amount; approval of Attorney General

-STATUTE-
      (a) Where the Alien Property Custodian has made demand or
    requirement for the conveyance, transfer, assignment, delivery, or
    payment to him of any money or other property of any enemy or ally
    of enemy (whether or not suit or proceeding for the enforcement
    thereof has been begun and whether or not any judgment or decree in
    respect thereof has been made or entered) and where the whole or
    any part of such money or other property would, if conveyed,
    transferred, assigned, delivered, or paid to him, be returnable
    under any provision of this Act [sections 1 to 6, 7 to 39, and 41
    to 44 of this Appendix], the Alien Property Custodian may, in his
    discretion, and on such terms and conditions as he may prescribe,
    waive such demand or requirement, or accept in full satisfaction of
    such demand, requirement, judgment, or decree, a less amount than
    that demanded or required by him.
      (b) The Alien Property Custodian shall not make any such waiver
    or compromise except with the approval of the Attorney General; nor
    (if any part of such money or property would be returnable only
    upon the filing of the written consent required by subsection (m)
    of section 9 [section 9(m) of this Appendix]) unless, after
    compliance with the terms and conditions of such waiver or
    compromise, the Alien Property Custodian or the Treasurer of the
    United States will hold (in respect of such enemy or ally of enemy)
    for investment as provided in section 25 [section 25 of this
    Appendix], an amount equal to 20 per centum of the sum of (1) the
    value of the money or other property held by the Alien Property
    Custodian or the Treasurer of the United States at the time of such
    waiver or compromise, plus (2) the value of the money or other
    property to which the Alien Property Custodian would be entitled
    under such demand or requirement if the waiver or compromise had
    not been made.
      (c) Where the Alien Property Custodian has made demand or
    requirement for the conveyance, transfer, assignment, delivery, or
    payment to him of any money or other property of any enemy or ally
    of enemy (whether or not suit or proceeding for the enforcement
    thereof has been begun and whether or not any judgment or decree in
    respect thereof has been made or entered) and where the interest or
    right of such enemy or ally of enemy in such money or property has
    not, prior to the enactment of the Settlement of War Claims Act of
    1928 [Mar. 10, 1928], vested in enjoyment, the Alien Property
    Custodian may, in his discretion, and on such terms and conditions
    as he may prescribe, waive such demand and requirement, without
    compliance with the requirements of subsection (b) of this section,
    but only with the approval of the Attorney General.
      (d) Nothing in this section shall be construed as requiring the
    Alien Property Custodian to make any waiver or compromise
    authorized by this section, and the Alien Property Custodian may
    proceed in respect of any demand or requirement referred to in
    subsection (a) or (c) as if this section had not been enacted.
      (e) All money or other property received by the Alien Property
    Custodian as a result of any action or proceeding (whether begun
    before or after the enactment of the Settlement of War Claims Act
    of 1928 [Mar. 10, 1928], and whether or not for the enforcement of
    a demand or requirement as above specified) shall for the purposes
    of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this
    Appendix] be considered as forming a part of the trust in respect
    of which such action or proceeding was brought, and shall be
    subject to return in the same manner and upon the same conditions
    as any other money or property in such trust, except as otherwise
    provided in subsection (b) of this section.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 29, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 274.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 30                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 30. Attachment or garnishment of funds or property held by
      Custodian

-STATUTE-
      Any money or other property returnable under subsection (b) or
    (n) of section 9 [section 9(b) or (n) of this Appendix] shall, at
    any time prior to such return, be subject to attachment in
    accordance with the provisions of the code of law for the District
    of Columbia, as amended, relating to attachments in suits at law
    and to attachments for the enforcement of judgments at law and
    decrees in equity, but any writ of attachment or garnishment
    issuing in any such suit, or for the enforcement of any judgment or
    decree, shall be served only upon the Alien Property Custodian, who
    shall for the purposes of this section be considered as holding
    credits in favor of the person entitled to such return to the
    extent of the value of the money or other property so returnable.
    Nothing in this section shall be construed as authorizing the
    taking of actual possession, by any officer of any court, of any
    money or other property held by the Alien Property Custodian or by
    the Treasurer of the United States.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 30, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 275.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC1-
                   WORLD WAR II ALIEN PROPERTY CUSTODIAN               
      Reestablishment and termination of Office of Alien Property
    Custodian during World War II, see notes set out under section 6 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 31                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 31. "Member of the former ruling family" defined

-STATUTE-
      As used in this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix], the term "member of the former ruling family" means
    (1) any person who was at any time between April 6, 1917, and July
    2, 1921, the German Emperor or the ruler of any constituent kingdom
    of the German Empire, or (2) the wife or any child of such person.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 31, as added Mar. 10, 1928, ch. 167,
    Sec. 15, 45 Stat. 275.)

-End-



-CITE-
    50 USC APPENDIX Sec. 32                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 32. Return of property

-STATUTE-
    (a) Conditions precedent
      The President, or such officer or agency as he may designate, may
    return any property or interest vested in or transferred to the
    Alien Property Custodian (other than any property or interest
    acquired by the United States prior to December 18, 1941), or the
    net proceeds thereof, whenever the President or such officer or
    agency shall determine - 
        (1) that the person who has filed a notice of claim for return,
      in such form as the President or such officer or agency may
      prescribe, was the owner of such property or interest immediately
      prior to its vesting in or transfer to the Alien Property
      Custodian, or is the legal representative (whether or not
      appointed by a court in the United States), or successor in
      interest by inheritance, devise, bequest, or operation of law, of
      such owner; and
        (2) that such owner, and legal representative or successor in
      interest, if any, are not - 
          (A) the Government of Germany, Japan, Bulgaria, Hungary, or
        Rumania; or
          (B) a corporation or association organized under the laws of
        such nation: Provided, That any property or interest or
        proceeds which, but for the provisions of this subdivision (B),
        might be returned under this section to any such corporation or
        association, may be returned to the owner or owners of all the
        stock of such corporation or of all the proprietary and
        beneficial interest in such association, if their ownership of
        such stock or proprietary and beneficial interest existed
        immediately prior to vesting in or transfer to the Alien
        Property Custodian and continuously thereafter to the date of
        such return (without regard to purported divestments or
        limitations of such ownership by any government referred to in
        subdivision (A) hereof) and if such ownership was by one or
        more citizens of the United States or by one or more
        corporations organized under the laws of the United States or
        any State, Territory, or possession thereof, or the District of
        Columbia: Provided further, That such owner or owners shall
        succeed to those obligations limited in aggregate amount to the
        value of such property or interest or proceeds, which are
        lawfully assertible against the corporation or association by
        persons not ineligible to receive a return under this section;
        or
          (C) an individual voluntarily resident at any time since
        December 7, 1941, within the territory of such nation, other
        than a citizen of the United States or a diplomatic or consular
        officer of Italy or of any nation with which the United States
        has not at any time since December 7, 1941, been at war:
        Provided, That an individual who, while in the territory of a
        nation with which the United States has at any time since
        December 7, 1941, been at war, was deprived of life or
        substantially deprived of liberty pursuant to any law, decree,
        or regulation of such nation discriminating against political,
        racial, or religious groups, shall not be deemed to have
        voluntarily resided in such territory; or
          (D) an individual who was at any time after December 7, 1941,
        a citizen or subject of Germany, Japan, Bulgaria, Hungary, or
        Rumania, and who on or after December 7, 1941, and prior to the
        date of the enactment of this section [Mar. 8, 1946], was
        present (other than in the service of the United States) in the
        territory of such nation or in any territory occupied by the
        military or naval forces thereof or engaged in any business in
        any such territory: Provided, That notwithstanding the
        provisions of this subdivision (D) return may be made to an
        individual who, as a consequence of any law, decree, or
        regulation of the nation of which he was then a citizen or
        subject, discriminating against political, racial, or religious
        groups, has at no time between December 7, 1941, and the time
        when such law, decree, or regulation was abrogated, enjoyed
        full rights of citizenship under the law of such nation: And
        provided further, That, notwithstanding the provisions of
        subdivision (C) hereof and of this subdivision (D), return may
        be made to an individual who at all times since December 7,
        1941, was a citizen of the United States, or to an individual
        who, having lost United States citizenship solely by reason of
        marriage to a citizen or subject of a foreign country,
        reacquired such citizenship prior to September 29, 1950, if
        such individual would have been a citizen of the United States
        at all times since December 7, 1941, but for such marriage: And
        provided further, That the aggregate book value of returns made
        pursuant to the foregoing proviso shall not exceed $9,000,000;
        and any return under such proviso may be made if the book value
        of any such return, taken together with the aggregate book
        value of returns already made under such proviso does not
        exceed $9,000,000; and for the purposes of this proviso the
        term "book value" means the value, as of the time of vesting,
        entered on the books of the Alien Property Custodian for the
        purpose of accounting for the property or interest involved; or
          (E) a foreign corporation or association which at any time
        after December 7, 1941, was controlled or 50 per centum or more
        of the stock of which was owned by any person or persons
        ineligible to receive a return under subdivisions (A), (B),
        (C), or (D) hereof: Provided, That notwithstanding the
        provisions of this subdivision (E) return may be made to a
        corporation or association so controlled or owned, if such
        corporation or association was organized under the laws of a
        nation any of whose territory was occupied by the military or
        naval forces of any nation with which the United Stats has at
        any time since December 7, 1941, been at war, and if such
        control or ownership arose after March 1, 1938, as an incident
        to such occupation and was terminated prior to the enactment of
        this section [Mar. 8, 1946];

      and
        (3) that the property or interest claimed, or the net proceeds
      of which are claimed, was not at any time after September 1,
      1939, held or used, by or with the assent of the person who was
      the owner thereof immediately prior to vesting in or transfer to
      the Alien Property Custodian, pursuant to any arrangement to
      conceal any property or interest within the United States of any
      person ineligible to receive a return under subsection (a)(2)
      hereof;
        (4) that the Alien Property Custodian has no actual or
      potential liability under the Renegotiation Act [section 1191 of
      this Appendix] or the Act of October 31, 1942 (56 Stat. 1013; 35
      U.S.C. Secs. 89 to 96), in respect of the property or interest or
      proceeds to be returned and that the claimant and his predecessor
      in interest, if any, have no actual or potential liability of any
      kind under the Renegotiation Act or the said Act of October 31,
      1942; or in the alternative that the claimant has provided
      security or undertakings adequate to assure satisfaction of all
      such liabilities or that property or interest or proceeds to be
      retained by the Alien Property Custodian are adequate therefor;
      and
        (5) that such return is in the interest of the United States.
    (b) Extension of filing time limitation for redetermination of
      excessive profits
      Notwithstanding the limitation prescribed in the Renegotiation
    Act [section 1191 of this Appendix] upon the time within which
    petitions may be filed in The Tax Court of the United States,(!1)
    any person to whom any property or interest or proceeds are
    returned hereunder shall, for a period of ninety days (not counting
    Sunday or a legal holiday in the District of Columbia as the last
    day) following return, have the right to file such a petition for a
    redetermination in respect of any final order of the Renegotiation
    Board (!2) determining excessive profits, made against the Alien
    Property Custodian, or of any determination, not embodied in an
    agreement, of excessive profits, so made by or on behalf of a
    Secretary.


    (c) Inventions
      Any person to whom any invention, whether patented or unpatented,
    or any right or interest therein is returned hereunder shall be
    bound by any notice or order issued or agreement made pursuant to
    the Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Secs. 89 to
    96), in respect of such invention or right or interest, and such
    person to whom a licensor's interest is returned shall have all
    rights assertible by a licensor pursuant to section 2 of the said
    Act.
    (d) Rights and duties
      Except as otherwise provided herein, and except to the extent
    that the President or such officer or agency as he may designate
    may otherwise determine, any person to whom return is made
    hereunder shall have all rights, privileges, and obligations in
    respect to the property or interest returned or the proceeds of
    which are returned which would have existed if the property or
    interest had not vested in the Alien Property Custodian, but no
    cause of action shall accrue to such person in respect of any
    deduction or retention of any part of the property or interest or
    proceeds by the Alien Property Custodian for the purpose of paying
    taxes, costs, or expenses in connection with such property or
    interest or proceeds: Provided, That except as provided in
    subsections (b) and (c) hereof, no person to whom a return is made
    pursuant to this section, nor the successor in interest of such
    person, shall acquire or have any claim or right of action against
    the United States or any department, establishment or agency
    thereof, or corporation owned thereby, or against any person
    authorized or licensed by the United States, founded upon the
    retention, sale, or other disposition, or use, during the period it
    was vested in the Alien Property Custodian, of the returned
    property, interest, or proceeds. Any notice to the Alien Property
    Custodian in respect of any property or interest or proceeds shall
    constitute notice to the person to whom such property or interest
    or proceeds is returned and such person shall succeed to all
    burdens and obligations in respect of such property or interest or
    proceeds which accrued during the time of retention by the Alien
    Property Custodian, but the period during which the property or
    interest or proceeds returned were vested in the Alien Property
    Custodian shall not be included for the purpose of determining the
    application of any statute of limitations to the assertion of any
    rights by such person in respect of such property or interest or
    proceeds.
    (e) Legal proceeding unaffected
      No return hereunder shall bar the prosecution of any suit at law
    or in equity against a person to whom return has been made, to
    establish any right, title, or interest, which may exist or which
    may have existed at the time of vesting, in or to the property or
    interest returned, but no such suit may be prosecuted by any person
    ineligible to receive a return under subsection (a)(2) hereof. With
    respect to any such suit, the period during which the property or
    interest or proceeds returned were vested in the Alien Property
    Custodian shall not be included for the purpose of determining the
    application of any statute of limitations.
    (f) Notice of intention
      At least thirty days before making any return to any person other
    than a resident of the United States or a corporation organized
    under the laws of the United States, or any State, Territory, or
    possession thereof, or the District of Columbia, the President or
    such officer or agency as he may designate shall publish in the
    Federal Register a notice of intention to make such return,
    specifying therein the person to whom return is to be made and the
    place where the property or interest or proceeds to be returned are
    located. Publication of a notice of intention to return shall
    confer no right of action upon any person to compel the return of
    any such property or interest or proceeds, and such notice of
    intention to return may be revoked by appropriate notice in the
    Federal Register. After publication of such notice of intention and
    prior to revocation thereof, the property or interest or proceeds
    specified shall be subject to attachment at the suit of any citizen
    or resident of the United States or any corporation organized under
    the laws of the United States, or any State, Territory, or
    possession thereof, or the District of Columbia, in the same manner
    as property of the person to whom return is to be made: Provided,
    That notice of any writ of attachment which may issue prior to
    return shall be served upon the Alien Property Custodian. Any such
    attachment proceeding shall be subject to the provisions of law
    relating to limitation of actions applicable to actions at law in
    the jurisdiction in which such proceeding is brought, but the
    period during which the property or interest or proceeds were
    vested in the Alien Property Custodian shall not be included for
    the purpose of determining the period of limitation. No officer of
    any court shall take actual possession, without the consent of the
    Alien Property Custodian, of any property or interest or proceeds
    so attached, and publication of a notice of revocation of intention
    to return shall invalidate any attachment with respect to the
    specified property or interest or proceeds, but if there is no such
    revocation, the President or such officer or agency as he may
    designate shall accord full effect to any such attachment in
    returning any such property or interest or proceeds.
    (g) Payment of expenses of Custodian
      Without limitation by or upon any other existing provision of law
    with respect to the payment of expenses by the Alien Property
    Custodian, the Custodian may retain or recover from any property or
    interest or proceeds returned pursuant to this section or section
    9(a) of this Act [section 9(a) of this Appendix] an amount not
    exceeding that expended or incurred by him for the conservation,
    preservation, or maintenance of such property or interest or
    proceeds, or other property or interest or proceeds returned to the
    same person.
    (h) Designation of successor organizations to receive heirless
      property; time for application; payment of funds: time,
      allocation, claims barred by acceptance and conditions
      The President may designate one or more organizations as
    successors in interest to deceased persons who, if alive, would be
    eligible to receive returns under the provisos of subdivision (C)
    or (D) of subsection (a)(2) thereof.(!3) In the case of any
    organization not so designated before the date of enactment of this
    amendment, such organization may be so designated only if it
    applies for such designation within three months after such date of
    enactment.

      The President, or such officer as he may designate, shall, before
    the expiration of the one-year period which begins on the date of
    enactment of this amendment, pay out of the War Claims Fund to
    organizations designated before or after the date of enactment of
    this amendment pursuant to this subsection the sum of $500,000. If
    there is more than one such designated organization, such sum shall
    be allocated among such organizations in the proportions in which
    the proceeds of heirless property were distributed, pursuant to
    agreements to which the United States was a party, by the
    Intergovernmental Committee for Refugees and successor
    organizations thereto. Acceptance of payment pursuant to this
    subsection by any such organization shall constitute a full and
    complete discharge of all claims filed by such organization
    pursuant to this section, as it existed before the date of
    enactment of this amendment.
      No payment may be made to any organization designated under this
    section unless it has given firm and responsible assurances
    approved by the President that (1) the payment will be used on the
    basis of need in the rehabilitation and settlement of persons in
    the United States who suffered substantial deprivation of liberty
    or failed to enjoy the full rights of citizenship within the
    meaning of subdivisions (C) and (D) of subsection (a)(2) of this
    section; (2) it will make to the President, with a copy to be
    furnished to the Congress, such reports (including a detailed
    annual report on the use of the payment made to it) and permit such
    examination of its books as the President, or such officer or
    agency as he may designate, may from time to time require; and (3)
    it will not use any part of such payment for legal fees, salaries,
    or other administrative expenses connected with the filing of
    claims for such payment or for the recovery of any property or
    interest under this section.
      As used in this subsection, "organization" means only a nonprofit
    charitable corporation incorporated on or before January 1, 1950,
    under the laws of any State of the United States or of the District
    of Columbia with the power to sue and be sued.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 32 as added Dec. 18, 1941, ch. 593,
    title III, Sec. 304, as added Mar. 8, 1946, ch. 83, Sec. 1, 60
    Stat. 50; amended Aug. 8, 1946, ch. 878, Sec. 2, 60 Stat. 930; Aug.
    5, 1947, ch. 499, Sec. 2, 61 Stat. 784; Sept. 29, 1950, ch. 1108,
    Sec. 1, 64 Stat. 1080; Mar. 23, 1951, ch. 15, title II, Sec.
    201(a), (b), 65 Stat. 23; June 6, 1952, ch. 372, 66 Stat. 129; Aug.
    23, 1954, ch. 830, Sec. 1, 68 Stat. 767; Pub. L. 87-846, title II,
    Sec. 204(a), Oct. 22, 1962, 76 Stat. 1114.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Renegotiation Act, referred to in subsecs. (a)(4) and (b), is
    act Apr. 28, 1942, ch. 247, title IV, Sec. 403, 56 Stat. 245, as
    amended, which enacted section 1191 of this Appendix, and which was
    omitted from the Code.
      Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Secs. 89 to
    96), referred to in subsecs. (a)(4) and (c), is act Oct. 31, 1942,
    ch. 634, 56 Stat. 1013, which enacted sections 89 to 96 of former
    Title 35, Patents, and which was omitted from the Code.
      Section 2 of said Act, referred to in subsec. (c), means section
    2 of act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which enacted
    section 90 of former Title 35, Patents, and which was omitted from
    the Code.
      Date of enactment of this amendment, referred to in subsec. (h),
    probably means date of enactment of Pub. L. 87-846, which was
    approved Oct. 22, 1962.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 619 of this Appendix.


-MISC1-
                                AMENDMENTS                            
      1962 - Subsec. (h). Pub. L. 87-846 permitted application for
    designation as successor organization to be made within three
    months after Oct. 22, 1962, required payments in sum of $500,000 to
    be made from the War Claims Fund before expiration of one year from
    Oct. 22, 1962, provided for allocation of funds to multiple
    successor organizations and acceptance of payments as discharge of
    all claims, and eliminated provisions deeming a successor
    organization as successor in interest by operation of law,
    respecting time for making return to such organizations, limiting
    the return to $3,000,000, requiring filing of notice of claim
    before expiration of one year from Aug. 23, 1954, for transfer of
    property to eligible persons, and declaring that filing of notice
    of claim would not bar payment of debt claims under section 34 of
    this Appendix.
      1954 - Subsec. (h). Act Aug. 23, 1954, added subsec. (h).
      1952 - Subsec. (a)(2)(D). Act June 6, 1952, increased from
    $5,000,000 to $9,000,000 the limitation on amount of property which
    may be returned to nationals.
      1950 - Subsec. (a)(2)(D). Act Sept. 29, 1950, clarified authority
    of Alien Property Custodian to return vested property to a person
    who possessed American citizenship at all times since Dec. 7, 1941,
    despite concurrent enemy citizenship and residence in enemy
    territory, and authorized return of vested property to American
    women who lost their citizenship solely because of marriage, and
    who have reacquired their citizenship prior to Sept. 29, 1950.
      1947 - Subsec. (a)(2). Act Aug. 5, 1947, provided that returns
    shall not be made to any owner, legal representative, or successor
    in interest, of the Governments of Germany, Japan, Rumania,
    Bulgaria, or Hungary; or to corporations or associations organized
    under the laws of such countries; or to an individual voluntarily
    resident in such countries at any time since Dec. 7, 1941; or to an
    individual who was at any time after Dec. 7, 1941, a citizen or
    subject of such country and present in the territory of such
    nation.
      1946 - Subsec. (a)(2)(C), (D). Act Aug. 8, 1946, inserted
    provisos in subdivs. (C) and (D).

-CHANGE-
                              CHANGE OF NAME                          
      Tax Court of the United States redesignated United States Tax
    Court pursuant to Pub. L. 91-172, title IX, Sec. 951, Dec. 30,
    1969, 83 Stat. 730. See section 7441 of Title 26, Internal Revenue
    Code.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Contracts Price Adjustment Board abolished and powers,
    functions, and duties conferred upon Board by the Renegotiation
    Act, section 1191 of this Appendix, except those transferred to
    Administrator of General Services, transferred to Renegotiation
    Board by section 201(a), (b) of act Mar. 23, 1951, which was
    classified to section 1231(a), (b) of this Appendix. Renegotiation
    Board terminated and all property, including records, of Board
    transferred to Administrator of General Services on Mar. 31, 1979,
    pursuant to Pub. L. 95-431, title V, Sec. 501, Oct. 10, 1978, 92
    Stat. 1043, and sections 1191 and 1231 of this Appendix were
    omitted from the Code.
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.


-MISC2-
                       PURPOSE OF ACT AUGUST 5, 1947                   
      Congress in enacting act Aug. 5, 1947, outlined the purpose of
    the act as follows:
      "Whereas article 79 of the Treaty of Peace with Italy, signed at
    Paris on February 10, 1947, grants to the Allied and Associated
    Powers the right to seize and retain 'all property rights and
    interests which on the coming into force of the present treaty are
    within its territory and belong to Italy or to Italian nationals,
    and to apply such property or the proceeds thereof to such purposes
    as it may desire, within the limits of its claims and those of its
    nationals against Italy or Italian nationals, including debts,
    other than claims fully satisfied under other articles of the
    present treaty' and further provides that 'All Italian property, or
    the proceeds thereof, in excess of the amount of such claims, shall
    be returned'; and
      "Whereas, pursuant to article 79 of the treaty of peace,
    negotiations have been entered into between the Governments of the
    United States and of Italy looking toward an agreement under which,
    upon the return of property, formerly Italian, in the United
    States, Italy will place at the disposal of the United States funds
    to be used in meeting certain claims of nationals of the United
    States; and
      "Whereas, for the purpose of carrying out such agreement, it is
    desirable to authorize, in accordance with the procedures provided
    for in section 32 of the Trading With the Enemy Act of October 6,
    1917 (40 Stat. 411), as amended [this section], return to Italy or
    citizens or subjects of Italy, or corporations or associations
    organized under the laws of Italy, of property vested in or
    transferred to the United States or its agencies; and
      "Whereas, for the purpose of aiding the revival of the Italian
    economy and establishing it on a self-sustaining basis, it is
    desirable that there be returned or transferred to Italy those
    Italian vessels acquired by the United States after December 7,
    1941, for use in the war effort and now owned by the United States
    and vessels of a total tonnage approximately equal to the tonnage
    of those Italian vessels seized by the United States after
    September 1, 1939, and lost while being employed in the United
    States war effort."

                        RETURN OF ITALIAN PROPERTY                    
      Section 1 of act Aug. 5, 1947, provided: "That the President, or
    such officer or agency as he may designate, is hereby authorized to
    return, in accordance with the procedures provided for in section
    32 of the Trading With the Enemy Act, as amended [this section],
    any property or interest, or the net proceeds thereof, which has
    been, since December 18, 1941, vested in or transferred to any
    officer or agency of the United States pursuant to the Trading With
    the Enemy Act, as amended [sections 1 to 6, 7 to 39, and 41 to 44
    of this Appendix], and which immediately prior to such vesting or
    transfer was the property or interest of Italy or a citizen or
    subject of Italy, or a corporation or association organized under
    the laws of Italy."

                 TRANSFER OF VESSELS TO ITALIAN GOVERNMENT             
      Section 4 of act Aug. 5, 1947, provided: "The President is
    authorized upon such terms as he deems necessary (a) to transfer to
    the Government of Italy all vessels which were under Italian
    registry and flag on September 1, 1939, and were thereafter
    acquired by the United States and are now owned by the United
    States; and (b) with respect to any vessel under Italian registry
    and flag on September 1, 1939, and subsequently seized in United
    States ports and thereafter lost while being employed in the United
    States war effort, to transfer to the Government of Italy surplus
    merchant vessels of the United States of a total tonnage
    approximately equal to the total tonnage of the Italian vessels
    lost: Provided, That no monetary compensation shall be paid either
    for the use by the United States or its agencies of former Italian
    vessels so acquired or seized or for the return or transfer of such
    vessels or substitute vessels."


-EXEC-
                         EXECUTIVE ORDER NO. 10587                     
      Ex. Ord. No. 10587, Jan. 13, 1955, 20 F.R. 361, as amended by Ex.
    Ord. No. 11086, Feb. 26, 1963, 28 F.R. 1833, which designated the
    Jewish Restitution Successor Organization as successor in interest
    to deceased persons under subsec. (h) of this section and delegated
    to the Foreign Claims Settlement Commission the functions provided
    for in subsec. (h) of this section, was revoked by Ex. Ord. No.
    12553, Feb. 25, 1986, 51 F.R. 7237.

-FOOTNOTE-
    (!1) See Change of Name note below.

    (!2) See Transfer of Functions note below.

    (!3) So in original. Probably should be "hereof."


-End-



-CITE-
    50 USC APPENDIX Sec. 33                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 33. Notice of claim; institution of suits; computation of time

-STATUTE-
      No return may be made pursuant to section 9 or 32 [section 9 or
    32 of this Appendix] unless notice of claim has been filed: (a) in
    the case of any property or interest acquired by the United States
    prior to December 18, 1941, by August 9, 1948; or (b) in the case
    of any property or interest acquired by the United States on or
    after December 18, 1941, not later than one year from February 9,
    1954, or two years from the vesting of the property or interest in
    respect of which the claim is made, whichever is later. No suit
    pursuant to section 9 [section 9 of this Appendix] may be
    instituted after April 30, 1949, or after the expiration of two
    years from the date of the seizure by or vesting in the Alien
    Property Custodian, as the case may be, of the property or interest
    in respect of which relief is sought, whichever is later, but in
    computing such two years there shall be excluded any period during
    which there was pending a suit or claim for return pursuant to
    section 9 or 32(a) hereof [section 9 or 32(a) of this Appendix].

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 33, as added Dec. 18, 1941, ch. 593,
    title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60
    Stat. 925; amended Aug. 5, 1947, ch. 499, Sec. 3, 61 Stat. 786;
    July 1, 1948, ch. 794, 62 Stat. 1218; Feb. 9, 1954, ch. 4, 68 Stat.
    7; Aug. 23, 1954, ch. 830, Sec. 2, 68 Stat. 768; Pub. L. 87-846,
    title II, Sec. 204(b), Oct. 22, 1962, 76 Stat. 1115.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 620 of this Appendix.


-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-846 struck out provision for return of property
    to successor organizations pursuant to section 32(h) of this
    Appendix if notice of claim was filed before expiration of one year
    from Aug. 23, 1954.
      1954 - Act Aug. 23, 1954, inserted before period at end of first
    sentence "except that return may be made to successor organizations
    designated pursuant to section 32(h) hereof if notice of claim is
    filed before the expiration of one year from the effective date of
    this Act".
      Act Feb. 9, 1954, substituted "not later than one year from
    February 9, 1954" for "by April 30, 1949" in first sentence.
      1948 - Act July 1, 1948, amended section generally, extending
    time for filing claims under section 9 or 32 of this Appendix.
      1947 - Act Aug. 5, 1947, provided that notice of certain claims
    could be filed by Aug. 8, 1948, or that Italian notice of claim
    could be filed by July 31, 1949.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 34                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 34. Payment of debts

-STATUTE-
    (a) Claims allowable; defenses
      Any property or interest vested in or transferred to the Alien
    Property Custodian (other than any property or interest acquired by
    the United States prior to December 18, 1941), or the net proceeds
    thereof, shall be equitably applied by the Custodian in accordance
    with the provisions of this section to the payment of debts owed by
    the person who owned such property or interest immediately prior to
    its vesting in or transfer to the Alien Property Custodian. No debt
    claim shall be allowed under this section if it was not due and
    owing at the time of such vesting or transfer, or if it arose from
    any action or transactions prohibited by or pursuant to this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] and not
    licensed or otherwise authorized pursuant thereto, or (except in
    the case of debt claims acquired by the Custodian) if it was at the
    time of such vesting or transfer due and owing to any person who
    has since the beginning of the war been convicted of violation of
    this Act, as amended [said sections], sections 1 to 6 of the
    Criminal Code, title I of the Act of June 15, 1917 (ch. 30, 40
    Stat. 217), as amended; the Act of April 20, 1918 (ch. 59, 40 Stat.
    534), as amended; the Act of June 8, 1934 (!1) (ch. 327, 52 Stat.
    631), as amended; the Act of January 12, 1938 (ch. 2, 52 Stat. 3);
    title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670); the
    Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or the Act of
    June 25, 1942 (ch. 447, 56 Stat. 390). Any defense to the payment
    of such claims which would have been available to the debtor shall
    be available to the Custodian, except that the period from and
    after the beginning of the war shall not be included for the
    purpose of determining the application of any statute of
    limitations. Debt claims allowable hereunder shall include only
    those of citizens of the United States or of the Philippine
    Islands; those of corporations organized under the laws of the
    United States or any State, Territory, or possession thereof, or
    the District of Columbia or the Philippine Islands; those of other
    natural persons who are and have been since the beginning of the
    war residents of the United States and who have not during the war
    been interned or paroled pursuant to the Alien Enemy Act; and those
    acquired by the Custodian. Legal representatives (whether or not
    appointed by a court in the United States) or successors in
    interest by inheritance, devise, bequest, or operation of law or
    debt claimants, other than persons who would themselves be
    disqualified hereunder from allowance of a debt claim, shall be
    eligible for payment to the same extent as their principals or
    predecessors would have been.

    (b) Time limit for filing claims; extension; notice
      The Custodian shall fix a date or dates after which the filing of
    debt claims in respect of any or all debtors shall be barred, and
    may extend the time so fixed, and shall give at least sixty days'
    notice thereof by publication in the Federal Register. In no event
    shall the time extend beyond the expiration of two years from the
    date of the last vesting in or transfer to the Custodian of any
    property or interest of a debtor in respect of whose debts the date
    is fixed, or from the date of enactment of this section [Aug. 8,
    1946], whichever is later. No debt shall be paid prior to the
    expiration of one hundred and twenty days after publication of the
    first such notice in respect of the debtor, nor in any event shall
    any payment of a debt claim be made out of any property or interest
    or proceeds in respect of which a suit or proceeding pursuant to
    this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]
    for return is pending and was instituted prior to the expiration of
    such one hundred and twenty days.
    (c) Examination of claims
      The Custodian shall examine the claims, and such evidence in
    respect thereof as may be presented to him or as he may introduce
    into the record, and shall make a determination, with respect to
    each claim, of allowance or disallowance, in whole or in part.
    (d) Funds for debt payments
      Payment of debt claims shall be made only out of such money
    included in, or received as net proceeds from the sale, use, or
    other disposition of, any property or interest owned by the debtor
    immediately prior to its vesting in or transfer to the Alien
    Property Custodian, as shall remain after deduction of (1) the
    amount of the expenses of the Office of Alien Property Custodian
    (including both expenses in connection with such property or
    interest or proceeds thereof, and such portion as the Custodian
    shall fix of the other expenses of the Office of Alien Property
    Custodian), and of taxes, as defined in section 36 hereof [section
    36 of this Appendix], paid by the Custodian in respect of such
    property or interest or proceeds, and (2) such amount, if any, as
    the Custodian may establish as a cash reserve for the future
    payment of such expenses and taxes. If the money available
    hereunder for the payment of debt claims against the debtor is
    insufficient for the satisfaction of all claims allowed by the
    Custodian, ratable payments shall be made in accordance with
    subsection (g) hereof to the extent permitted by the money
    available and additional payments shall be made whenever the
    Custodian shall determine that substantial further money has become
    available, through liquidation of any such property or interest or
    otherwise. The Custodian shall not be required through any judgment
    of any court, levy of execution, or otherwise to sell or liquidate
    any property or interest vested in or transferred to him, for the
    purpose of paying or satisfying any debt claim.
    (e) Amount payable; disallowance; notice; review; additional
      evidence; judgment
      If the aggregate of debt claims filed as prescribed does not
    exceed the money from which, in accordance with subsection (d) of
    this section, payment may be made, the Custodian shall pay each
    claim to the extent allowed, and shall serve by registered mail, on
    each claimant whose claim is disallowed in whole or in part, a
    notice of such disallowance. Within sixty days after the date of
    mailing of the Custodian's determination, any debt claimant whose
    claim has been disallowed in whole or in part may file in the
    United States District Court for the District of Columbia a
    complaint for review of such disallowance naming the Custodian as
    defendant. Such complaint shall be served on the Custodian. The
    Custodian, within forty-five days after service on him, shall
    certify and file in said court a transcript of the record of
    proceedings in the Office of Alien Property Custodian with respect
    to the claim in question. Upon good cause shown such time may be
    extended by the court. Such record shall include the claim as
    filed, such evidence with respect thereto as may have been
    presented to the Custodian or introduced into the record by him,
    and the determination of the Custodian with respect thereto,
    including any findings made by him. The court may, in its
    discretion, take additional evidence, upon a showing that such
    evidence was offered to and excluded by the Custodian, or could not
    reasonably have been adduced before him or was not available to
    him. The court shall enter judgment affirming, modifying, or
    reversing the Custodian's determination, and directing payment in
    the amount, if any, which it finds due.
    (f) Pro rata payments; notice; review; additional evidence;
      intervention; judgment
      If the aggregate of debt claims filed as prescribed exceeds the
    money from which, in accordance with subsection (d) hereof, payment
    may be made, the Custodian shall prepare and serve by registered
    mail on all claimants a schedule of all debt claims allowed and the
    proposed payment to each claimant. In preparing such schedule, the
    Custodian shall assign priorities in accordance with the provisions
    of subsection (g) hereof. Within sixty days after the date of
    mailing of such schedule, any claimant considering himself
    aggrieved may file in the United States District Court for the
    District of Columbia a complaint for review of such schedule,
    naming the Custodian as defendant. A copy of such complaint shall
    be served upon the Custodian and on each claimant named in the
    schedule. The Custodian, within forty-five days after service on
    him, shall certify and file in said court a transcript of the
    record of proceedings in the Office of Alien Property Custodian
    with respect to such schedule. Upon good cause shown such time may
    be extended by the court. Such record shall include the claims in
    question as filed, such evidence with respect thereto as may have
    been presented to the Custodian or introduced into the record by
    him, any findings or other determinations made by the Custodian
    with respect thereto, and the schedule prepared by the Custodian.
    The court may, in its discretion, take additional evidence, upon a
    showing that such evidence was offered to and excluded by the
    Custodian or could not reasonably have been adduced before him or
    was not available to him. Any interested debt claimant who has
    filed a claim with the Custodian pursuant to this section, upon
    timely application to the court, shall be permitted to intervene in
    such review proceedings. The court shall enter judgment affirming
    or modifying the schedule as prepared by the Custodian and
    directing payment, if any be found due, pursuant to the schedule as
    affirmed or modified and to the extent of the money from which, in
    accordance with subsection (d) hereof, payment may be made. Pending
    the decision of the court on such complaint for review, and pending
    final determination of any appeal from such decision, payment may
    be made only to an extent, if any, consistent with the contentions
    of all claimants for review.
    (g) Priority of claims
      Debt claims shall be paid in the following order of priority: (1)
    Wage and salary claims, not to exceed $600; (2) claims entitled to
    priority under sections 191 and 193 of title 31 (!2) of the United
    States Code [31 U.S.C. 3713(a) and 9309], except as provided in
    subsection (h) hereof, (3) all other claims for services rendered,
    for expenses incurred in connection with such services, for rent,
    for goods and materials delivered to the debtor, and for payments
    made to the debtor for goods or services not received by the
    claimant; (4) all other debt claims. No payment shall be made to
    claimants within a subordinate class unless the money from which,
    in accordance with subsection (d) hereof, payment may be made
    permits payment in full of all allowed claims in every prior class.

    (h) Priority as debt due United States
      No debt of any kind shall be entitled to priority under any law
    of the United States or any State, Territory, or possession
    thereof, or the District of Columbia, solely by reason of becoming
    a debt due or owing to the United States as a result of its
    acquisition by the Alien Property Custodian.
    (i) Exclusiveness of relief
      The sole relief and remedy available to any person seeking
    satisfaction of a debt claim out of any property or interest which
    shall have been vested in or transferred to the Alien Property
    Custodian (other than any property or interest acquired by the
    United States prior to December 18, 1941), or the proceeds thereof,
    shall be the relief and remedy provided in this section, and suits
    for the satisfaction of debt claims shall not be instituted,
    prosecuted, or further maintained except in conformity with this
    section: Provided, That no person asserting any interest, right, or
    title in any property or interest or proceeds acquired by the Alien
    Property Custodian, shall be barred from proceeding pursuant to
    this Act [sections 1 to 6, and 7 to 39, and 41 to 44 of this
    Appendix] for the return thereof, by reason of any proceeding which
    he may have brought pursuant to this section; nor shall any
    security interest asserted by the creditor in any such property or
    interest or proceeds be deemed to have been waived solely by reason
    of such proceeding. The Alien Property Custodian shall treat all
    debt claims now filed with him as claims filed pursuant to this
    section. Nothing contained in this section shall bar any person
    from the prosecution of any suit at law or in equity against the
    original debtor or against any other person who may be liable for
    the payment of any debt for which a claim might have been filed
    hereunder. No purchaser, lessee, licensee, or other transferee of
    any property or interest from the Alien Property Custodian shall,
    solely by reason of such purchase, lease, license, or transfer,
    become liable for the payment of any debt owed by the person who
    owned such property or interest prior to its vesting in or transfer
    to the Alien Property Custodian. Payment by the Alien Property
    Custodian to any debt claimant shall constitute, to the extent of
    payment, a discharge of the indebtedness represented by the claim.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 34, as added Dec. 18, 1941, ch. 593,
    title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60
    Stat. 925; amended June 25, 1948, ch. 646, Sec. 32(a), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1 to 6 of the Criminal Code, referred to in subsec. (a),
    are sections 1 to 6 of act Mar. 4, 1909, ch. 321, 35 Stat. 1088,
    which enacted sections 1 to 6 of former Title 18, Criminal Code and
    Criminal Procedure. Sections 1 to 6 of former Title 18 were
    repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and
    reenacted as sections 953 and 2381 to 2384 of Title 18, Crimes and
    Criminal Procedure.
      Title I of act of June 15, 1917 (ch. 30, 40 Stat. 217), as
    amended, referred to in subsec. (a), is act June 15, 1917, ch. 30,
    title I, 40 Stat. 217, as amended, which enacted sections 31 to 38
    of Title 50, War and National Defense, and which was repealed by
    act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as
    sections 792 to 794 and 2388 of Title 18, Crimes and Criminal
    Procedure.
      Act of April 20, 1918 (ch. 59, 40 Stat. 534), as amended,
    referred to in subsec. (a), is act Apr. 20, 1918, ch. 59, 40 Stat.
    534, as amended, which enacted sections 101 to 106 of Title 50, and
    which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat.
    862, and reenacted as sections 2151 and 2153 to 2156 of Title 18.
      Act of June 8, 1934 (ch. 327, 52 Stat. 631), as amended, referred
    to in subsec. (a), probably means act June 8, 1938, ch. 327, 52
    Stat. 631, as amended, known as the Foreign Agents Registration Act
    of 1938, which is classified generally to subchapter II (Sec. 611
    et seq.) of chapter 11 of Title 22, Foreign Relations and
    Intercourse. For complete classification of this Act to the Code,
    see Short Title note set out under section 611 of Title 22 and
    Tables.
      Act January 12, 1938 (ch. 2, 52 Stat. 3), referred to in subsec.
    (a), is act Jan. 12, 1938, ch. 2, 52 Stat. 3, which enacted
    sections 45 to 45d of Title 50, War and National Defense, and which
    was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,
    and reenacted as sections 791 and 795 to 797 of Title 18, Crimes
    and Criminal Procedure.
      Title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670),
    referred to in subsec. (a), is act June 28, 1940, ch. 439, title I,
    54 Stat. 670, which enacted sections 9 to 13 of former Title 18,
    Criminal Code and Criminal Procedure, and which was repealed by act
    June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as
    sections 2385 and 2387 of Title 18, Crimes and Criminal Procedure.
      Act October 17, 1940 (ch. 897, 54 Stat. 1201), referred to in
    subsec. (a), is act Oct. 17, 1940, ch. 897, 54 Stat. 1201, which
    enacted sections 14 to 17 of former Title 18, Criminal Code and
    Criminal Procedure, and which was repealed by act June 25, 1948,
    ch. 645, Sec. 21, 62 Stat. 862, and reenacted as section 2386 of
    Title 18, Crimes and Criminal Procedure.
      Act of June 25, 1942 (ch. 447, 56 Stat. 390), referred to in
    subsec. (a), is act June 25, 1942, ch. 447, 56 Stat. 390, as
    amended, which was classified to sections 781 to 785 of this
    Appendix and was omitted from the Code as terminated.
      The Alien Enemy Act, referred to in subsec. (a), probably means
    sections 4067 to 4070 of the Revised Statutes, which are classified
    to sections 21 to 24 of Title 50, War and National Defense.
      Sections 191 and 193 of title 31 of the United States Code,
    referred to in subsec. (g), were repealed by Pub. L. 97-258, Sec.
    5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first
    section thereof as sections 3713(a) and 9309 of Title 31, Money and
    Finance.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 620 of this Appendix.

-CHANGE-
                              CHANGE OF NAME                          
      In subsecs. (e) and (f), "United States District Court for the
    District of Columbia" substituted for "the district court of the
    United States for the District of Columbia" on authority of act
    June 25, 1948, as amended by act May 24, 1949.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.

-FOOTNOTE-
    (!1) So in original. Probably should be "1938".

    (!2) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 35                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 35. Hearings on claims; rules and regulations; delegation of
      powers

-STATUTE-
      The officer or agency empowered to entertain claims under
    sections 9(a), 32, and 34 hereof [sections 9(a), 32, and 34 of this
    Appendix] shall have power to hold such hearings as may be deemed
    necessary; to prescribe rules and regulations governing the form
    and contents of claims, the proof thereof, and all other matters
    related to proceedings on such claims; and in connection with such
    proceedings to issue subpenas, administer oaths, and examine
    witnesses. Such powers, and any other powers conferred upon such
    officer or agency by sections 9(a), 32, and 34 hereof [said
    sections] may be exercised through subordinate officers designated
    by such officer or agency.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 35, as added Dec. 18, 1941, ch. 593,
    title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60
    Stat. 928.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 620 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 36                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 36. Taxes

-STATUTE-
    (a) Liability; exemptions
      The vesting in or transfer to the Alien Property Custodian of any
    property or interest (other than any property or interest acquired
    by the United States prior to December 18, 1941), or the receipt by
    him of any earnings, increment, or proceeds thereof shall not
    render inapplicable any Federal, State, Territorial, or local tax
    for any period prior or subsequent to the date of such vesting or
    transfer, nor render applicable the exemptions provided in title II
    of the Social Security Act [42 U.S.C. 401 et seq.] with respect to
    service performed in the employ of the United States Government or
    of any instrumentality of the United States.
    (b) Payment by Custodian; liability of former owner; enforcement of
      tax liability; transfer of property
      The Alien Property Custodian shall, notwithstanding the filing of
    any claim or the institution of any suit under this Act [sections 1
    to 6, 7 to 39, and 41 to 44 of this Appendix], pay any tax incident
    to any such property or interest, or the earnings, increment, or
    proceeds thereof, at the earliest time appearing to him to be not
    contrary to the interest of the United States. The former owner
    shall not be liable for any such tax accruing while such property,
    interest, earnings, increment, or proceeds are held by the Alien
    Property Custodian, unless they are returned pursuant to this Act
    [said sections] without payment of such tax by the Alien Property
    Custodian. Every such tax shall be paid by the Alien Property
    Custodian to the same extent, as nearly as may be deemed
    practicable, as though the property or interest had not been vested
    in or transferred to the Alien Property Custodian, and shall be
    paid only out of the property or interest, or earnings, increment,
    or proceeds thereof, to which they are incident or out of other
    property or interests acquired from the same former owner, or
    earnings, increment, or proceeds thereof. No tax liability may be
    enforced from any property or interest or the earnings, increment
    or proceeds thereof while held by the Alien Property Custodian
    except with his consent. Where any property or interest is
    transferred, otherwise than pursuant to section 9(a) or 32 hereof
    [section 9(a) or 32(a) of this Appendix], the Alien Property
    Custodian may transfer the property or interest free and clear of
    any tax, except to the extent of any lien for a tax existing and
    perfected at the date of vesting, and the proceeds of such transfer
    shall, for tax purposes, replace the property or interest in the
    hands of the Alien Property Custodian.
    (c) Computation; suspension of limitations, etc.
      Subject to the provisions of subsection (b) of this section, the
    manner of computing any Federal taxes, including without limitation
    by reason of this enumeration, the applicability in such
    computation of credits, deductions, and exemptions to which the
    former owner is or would be entitled, and the time and manner of
    any payment of such taxes and the extent of any compliance by the
    Custodian with provisions of Federal law and regulations applicable
    with respect to Federal taxes, shall be in accordance with
    regulations prescribed by the Commissioner of Internal Revenue with
    the approval of the Secretary of the Treasury to effectuate this
    section. Statutes of limitations on assessment, collection, refund,
    or credit of Federal taxes shall be suspended, with respect to any
    vested property or interest, or the earnings, increment or proceeds
    thereof, while vested and for six months thereafter; but no
    interest shall be paid upon any refund with respect to any period
    during which the statute of limitations is so suspended.
    (d) "Tax" defined
      The word "tax" as used in this section shall include, without
    limitation by reason of this enumeration, any property, income,
    excess-profits, war-profits, excise, estate and employment tax,
    import duty, and special assessment; and also any interest,
    penalty, additional amount, or addition thereto not arising from
    any act, omission, neglect, failure, or delay on the part of the
    Custodian.
    (e) Exemptions
      Any tax exemption accorded to the Alien Property Custodian by
    specific provision of existing law shall not be affected by this
    section.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 36, as added Dec. 18, 1941, ch. 593,
    title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60
    Stat. 929.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
    Security Act is classified generally to subchapter II (Sec. 401 et
    seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 620 of this Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, vested in Attorney General. See notes set out under
    section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 37                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 37. Insurance of property

-STATUTE-
      The Alien Property Custodian may procure insurance in such
    amounts, and from such insurers, as he believes will adequately
    protect him against loss in connection with property or interest or
    proceeds held by him.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 37, as added Dec. 18, 1941, ch. 593,
    title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60
    Stat. 930.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 620 of this Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of the Alien Property Custodian and the Office of Alien
    Property Custodian, except those relating to property or interest
    in the Philippines, vested in the Attorney General. See notes set
    out under section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 38                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 38. Shipment of relief supplies; definitions

-STATUTE-
      (a) Notwithstanding any other provision of this Act [sections 1
    to 6, 7 to 39, and 41 to 44 of this Appendix], it shall be lawful,
    at any time after the date of cessation of hostilities with any
    country with which the United States is at war, for any person in
    the United States to donate, or otherwise dispose of to, and to
    transport or deliver to, any person in such country any article or
    articles (including food, clothing, and medicine) intended to be
    used solely to relieve human suffering.
      (b) As used in this section - 
        (1) the term "person" means any individual, partnership,
      association, company, or other unincorporated body of
      individuals, or corporation or body politic;
        (2) with respect to any country with which the United States
      was at war on January 1, 1946, the term "date of cessation of
      hostilities" shall mean the date of enactment of this Act [May
      16, 1946];
        (3) with respect to any other war the term "date of cessation
      of hostilities" shall mean the date specified by proclamation of
      the President or by a concurrent resolution of the two Houses of
      Congress whichever is the earlier.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 38, formerly Sec.  - , as added May
    16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878,
    Sec. 3, 60 Stat. 930.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this Act, referred to in subsec. (b)(2),
    probably means May 16, 1946, the date of approval of act May 16,
    1946, which added this section.

-End-



-CITE-
    50 USC APPENDIX Sec. 39                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 39. Retention of properties or interests of Germany and Japan
      and their nationals; proceeds covered into Treasury; ex gratia
      payment to Switzerland

-STATUTE-
      (a) No property or interest therein of Germany, Japan, or any
    national of either such country vested in or transferred to any
    officer or agency of the Government at any time after December 17,
    1941, pursuant to the provisions of this Act [sections 1 to 6, 7 to
    39, and 41 to 44 of this Appendix], shall be returned to former
    owners thereof or their successors in interest, and the United
    States shall not pay compensation for any such property or interest
    therein. The net proceeds remaining upon the completion of
    administration, liquidation, and disposition pursuant to the
    provisions of this Act [said sections] of any such property or
    interest therein shall be covered into the Treasury at the earliest
    practicable date. Nothing in this section shall be construed to
    repeal or otherwise affect the operation of the provisions of
    section 32, 40, 41, 42 or 43 of this Act [section 32, 40, 41, 42 or
    43 of this Appendix] or of the Philippine Property Act of 1946 [22
    U.S.C. 1381 et seq.].
      (b) The Attorney General shall cover into the Treasury, to the
    credit of miscellaneous receipts, all sums from property vested in
    or transferred to the Attorney General under this Act [sections 1
    to 6, 7 to 39, and 41 to 44 of this Appendix] - 
        (1) which the Attorney General receives after the date of the
      enactment of the Export Enhancement Act of 1988 [August 23,
      1988], or
        (2) which the Attorney General received before that date and
      which, as of that date, the Attorney General had not covered into
      the Treasury for deposit in the War Claims Fund, other than any
      such sums which the Attorney General determines in his or her
      discretion are the subject matter of any judicial action or
      proceeding.

      (c) Notwithstanding any of the provisions of subsections (a) and
    (b) of this section, the Attorney General is authorized to pay from
    property vested in or transferred to the Attorney General under
    this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix],
    the sum of $20,000 as an ex gratia payment to the Government of
    Switzerland in accordance with the terms of the agreement entered
    into by that Government and the Government of the United States on
    March 12, 1980.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 39, as added July 3, 1948, ch. 826,
    Sec. 12, 62 Stat. 1246; amended Aug. 7, 1953, ch. 344, 67 Stat.
    461; Pub. L. 85-884, Sept. 2, 1958, 72 Stat. 1708; Pub. L. 87-846,
    title II, Secs. 202, 204(c), Oct. 22, 1962, 76 Stat. 1113, 1115;
    Pub. L. 87-861, Sec. 1, Oct. 23, 1962, 76 Stat. 1139; Pub. L. 89-
    619, Oct. 4, 1966, 80 Stat. 871; Pub. L. 99-93, title VIII, Sec.
    803, Aug. 16, 1985, 99 Stat. 449; Pub. L. 100-418, title II, Sec.
    2501(a), Aug. 23, 1988, 102 Stat. 1370.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Philippine Property Act of 1946, referred to in subsec. (a),
    is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is
    classified generally to subchapter V (Sec. 1381 et seq.) of chapter
    15 of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1381 of Title 22 and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (b) to (f). Pub. L. 100-418 substituted subsec.
    (b) for former subsecs. (b) to (e), redesignated subsec. (f) as
    (c), and substituted "and (b)" for "through (d)".
      1985 - Subsec. (f). Pub. L. 99-93 added subsec. (f).
      1966 - Subsec. (e). Pub. L. 89-619 added subsec. (e).
      1962 - Subsec. (a). Pub. L. 87-861 provided that nothing in this
    section shall be construed to repeal or otherwise affect the
    operation of section 40, 41, 42, or 43 of this Appendix.
      Subsec. (b). Pub. L. 87-846, Sec. 204(c), required Attorney
    General to cover $500,000 into Treasury for deposit into War Claims
    Fund for payments to successor organizations receiving heirless
    property.
      Subsec. (d). Pub. L. 87-846, Sec. 202, added subsec. (d).
      1958 - Subsec. (c). Pub. L. 85-884 added subsec. (c).
      1953 - Act Aug. 7, 1953, designated existing provisions as
    subsec. (a) and added subsec. (b).

-End-



-CITE-
    50 USC APPENDIX Sec. 40                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 40. Intercustodial conflicts involving enemy property;
      authority of President to conclude; delegation of authority

-STATUTE-
      The President, or such officer or agency as he may designate, is
    authorized to conclude and give effect to agreements to further the
    amicable and expeditious settlement of intercustodial conflicts
    involving enemy property, subject to the following:
      (1) The authority granted in this section shall extend only to
    agreements with governments with which the United States was not at
    war in World War II.
      (2) Such agreements shall be in accordance with the policy of
    protecting and making available for utilization the American and
    nonenemy interests in such property and further the elimination of
    enemy interests in such property and the efficient administration
    and liquidation of enemy property in the United States.
      (3) For the purposes of this section, the United States as to any
    intergovernmental agreements hereafter negotiated shall seek
    treatment equal to that accorded United States nationals for
    persons who, although citizens or residents of any enemy country
    before or during World War II, were deprived of full rights of
    citizenship or substantially deprived of liberty by laws, decrees,
    or regulations of such enemy country discriminating against racial,
    religious, or political groups: Provided, That on September 28,
    1950, such persons were (1) permanent residents of the United
    States and (2) had declared their intention to become citizens of
    the United States in conformity with the provisions of the
    Nationality Act of 1940, as amended; and that such persons shall
    have acquired citizenship of the United States prior to the
    effective date of any intergovernmental agreement hereafter
    negotiated.
      (4) Reimbursement to the United States by other governments
    pursuant to such agreements shall be administered as vested
    property: Provided, That nothing contained in this section shall
    hinder, restrict or limit the payment of claims from the War Claims
    Fund established by section 13 of the War Claims Act of 1948
    (Public Law 896, 80th Congress, July 3, 1948; 62 Stat. 1240; 50
    U.S.C. app. 2001-2013), as amended [section 2012 of this Appendix].

-SOURCE-
    (Sept. 28, 1950, ch. 1094, 64 Stat. 1079.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Nationality Act of 1940, as amended, referred to in par. (3),
    is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended, which was
    classified principally to chapter 11 (Sec. 501 et seq.) of Title 8,
    Aliens and Nationality, prior to its repeal by act June 27, 1952,
    ch. 477, title IV, Sec. 403(a)(42), 66 Stat. 280. See section 1101
    et seq. of Title 8.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Trading with the Enemy Act
    which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this
    Appendix.


-EXEC-
        EX. ORD. NO. 10244. AUTHORIZATION OF SECRETARY OF STATE AND
               ATTORNEY GENERAL TO PERFORM CERTAIN FUNCTIONS
      Ex. Ord. No. 10244, May 17, 1951, 16 F.R. 4639, provided:
      1. The Secretary of State and the Attorney General are hereby
    jointly designated as the officers authorized to conclude and give
    effect to agreements relating to the settlement of intercustodial
    conflicts involving enemy property made pursuant to the said act of
    September 28, 1950 [this section], and to exercise all powers
    incident thereto which are conferred by such act, including,
    without limitation, the powers to receive, transfer, release or
    return property, interests therein, or proceeds thereof.
      2. It is the policy of this order that the Secretary of State,
    with the concurrence of the Attorney General, shall perform all
    functions necessary or appropriate to give effect to any agreement
    made pursuant to the said act of September 28, 1950 [this section],
    with relation to the protection of American interests in property
    outside the United States, and that the Attorney General, with the
    concurrence of the Secretary of State, shall perform all functions
    necessary or appropriate to give effect to any such agreement with
    relation to property subject to the jurisdiction of the United
    States, and that all other functions relating to the effectuation
    of any such agreement shall be performed as may be agreed by the
    Secretary of State and the Attorney General. However, no action
    taken hereunder by either the Secretary of State or the Attorney
    General shall be considered to be invalid on the ground that under
    the provisions of this order such action was within the
    jurisdiction of the Secretary of State rather than the Attorney
    General, or vice versa, or that concurrence was not obtained, or
    that such action was not joint.
      3. The Secretary of State and the Attorney General may each
    delegate to the other or to any other officer, person, or agency
    within his respective department such of his functions under this
    order as he may deem necessary.
      4. Any money, property, or interest received as reimbursement by
    the United States by virtue of any agreement made pursuant to the
    said act of September 28, 1950 [this section], shall be
    administered and disposed of by the Attorney General as vested
    property pursuant to the said Trading With the Enemy Act, as
    amended [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].
    Any other money, property, or interest received by the Secretary of
    State or the Attorney General pursuant to any such agreement shall
    be administered and disposed of pursuant to the provisions of such
    agreement.
                                                        Harry S. Truman.

-End-



-CITE-
    50 USC APPENDIX Sec. 41                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 41. Divestment of estates, trusts, insurance policies,
      annuities, remainders, pensions, workmen's compensation and
      veterans' benefits; exceptions; notice of divestment

-STATUTE-
      (a) Subject to the provisions of subsection (b) hereof [of this
    section], all rights and interests of individuals in estates,
    trusts, insurance policies, annuities, remainders, pensions,
    workmen's compensation and veterans' benefits vested under this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] after
    December 17, 1941, which have not become payable or deliverable to
    or have not vested in possession in the Attorney General prior to
    December 31, 1961, are divested: Provided, That the provisions of
    this section shall not affect the right of the Attorney General to
    retain all such property rights and interests and to collect all
    income which is payable to or vested in possession in him prior to
    December 31, 1961.
      (b) Nothing contained in this section shall divest or require the
    divestment of any portion of any such interest the beneficial owner
    of which is a natural person who has been convicted personally and
    by name by a court of competent jurisdiction of murder, ill
    treatment, or deportation for slave labor of prisoners of war,
    political opponents, hostages, or civilian population in occupied
    territories, or of murder or ill treatment of military or naval
    persons, or of plunder or wanton destruction without justified
    military necessity.
      (c) At the earliest practicable time after the effective date of
    this Act, the Attorney General shall transmit to the lawful owner
    or custodian of any interest divested by this section written
    notice of such divestment.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 40, as added Pub. L. 87-846, title II,
    Sec. 205, Oct. 22, 1962, 76 Stat. 1115.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Effective date of this Act, referred to in subsec. (c), probably
    means the effective date of Pub. L. 87-846, which was approved Oct.
    22, 1962, which added this section.

-End-



-CITE-
    50 USC APPENDIX Sec. 42                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 42. Claims for proceeds from sale of certain certificates:
      jurisdiction, limitations; divestment of copyrights: "copyrights"
      defined, rights of licensees and assignees, reproduction rights
      of United States, transfer of interests, payment of royalties to
      Attorney General, suits for infringement

-STATUTE-
      (a) Notwithstanding any statute of limitation, lapse of time, any
    prior decision by any court of the United States, or any
    compromise, release or assignment to the Alien Property Custodian,
    jurisdiction is hereby conferred upon the United States Court of
    Federal Claims to hear, determine, and render judgment upon the
    claims against the United States for the proceeds received by the
    United States from the sale of the property vested under the
    provisions of the Trading With the Enemy Act [sections 1 to 6, 7 to
    39, and 41 to 44 of this Appendix] by vesting order numbered 33
    relating to certificate numbers 104 to 121, inclusive, 125, 126,
    128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with
    respect to such claims may be instituted hereunder not later than
    two years after the date of the enactment of this section [Oct. 22,
    1962].
      (b) As used in this section the word "copyrights" includes
    copyrights, claims of copyrights, rights to copyrights, and rights
    to copyright renewals.
      (c) All copyrights vested in the Alien Property Custodian or the
    Attorney General under the provisions of this Act [sections 1 to 6,
    7 to 39, and 41 to 44 of this Appendix] subsequent to December 17,
    1941, which have not been returned or otherwise disposed of under
    this Act [said sections], except copyrights vested by vesting
    orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R.
    1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and
    copyrights vested with respect to the motion picture listed last in
    exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R.
    1626), are hereby divested as a matter of grace, effective the
    ninety-first day after the date of enactment of this section [Oct.
    22, 1962], and the persons entitled thereto shall on that day
    succeed to the rights, privileges, and obligations arising out of
    such copyrights, subject, however, to - 
        (1) the rights of licensees under licenses issued by the Alien
      Property Custodian or the Attorney General in respect of such
      copyrights;
        (2) the rights of assignees under assignments by the Alien
      Property Custodian or the Attorney General of interests in such
      licenses; and
        (3) the right retained by the United States to reproduce, for
      its own use, or exhibit any divested copyrighted motion picture
      films.

    The rights and interests remaining in the Attorney General under
    licenses issued by him or by the Alien Property Custodian in
    respect to copyrights divested hereunder are hereby transferred,
    effective the day of divestment, to the persons entitled to such
    copyrights: Provided, That all unpaid royalties or other income
    accrued in favor of the Attorney General under such licenses prior
    to the day of divestment shall be paid by the licensees to the
    Attorney General.
      (d) All rights or interests vested in the Alien Property
    Custodian or the Attorney General under the provisions of this Act
    [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix]
    subsequent to December 17, 1941, arising out of prevesting
    contracts entered into with respect to copyrights, except - 
        (1) royalties or other income received by or accrued in favor
      of the Alien Property Custodian or the Attorney General under
      such contracts;
        (2) rights or interests which have been returned or otherwise
      disposed of under this Act [sections 1 to 6, 7 to 39, and 41 to
      44 of this Appendix]; and
        (3) rights or interests vested by vesting orders 128 (7 F.R.
      7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16
      F.R. 2483),

    are hereby divested as a matter of grace, effective the ninety-
    first day after the date of enactment of this section [Oct. 22,
    1962], and the persons entitled to such rights or interests shall
    succeed thereto, subject to the right of the Attorney General to
    collect and receive all unpaid royalties or other income accrued in
    his favor under such prevesting contracts prior to the day of
    divestment.
      (e) Nothing in this section shall be construed to transfer to a
    person entitled to a copyright divested hereunder the right of the
    Attorney General to sue for the infringement of such copyright
    during the period between (1) the vesting thereof or the vesting of
    rights and interests in a contract entered into with respect
    thereto, and (2) the day of divestment. The right to sue for
    infringement shall remain in the Attorney General.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 41, as added Pub. L. 87-846, title II,
    Sec. 206, Oct. 22, 1962, 76 Stat. 1115; amended Pub. L. 88-490,
    Aug. 26, 1964, 78 Stat. 607; Pub. L. 97-164, title I, Sec. 161(9),
    Apr. 2, 1982, 96 Stat. 49; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1982 - Subsec. (a). Pub. L. 97-164 substituted "Claims Court" for
    "Court of Claims".
      1964 - Subsec. (a). Pub. L. 88-490 substituted "render judgment
    upon" for "report to the Congress concerning" and "two years after
    the date of enactment of this section [October 22, 1962]" for "one
    year after the date of the enactment of this Act".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, are vested in Attorney General. See notes set out
    under section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 43                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 43. Divestment of trademarks

-STATUTE-
    (a) "Trademarks" defined
      As used in this section, the word "trademarks" includes
    trademarks, trade names, and the goodwill of the business to which
    a trademark or trade name is appurtenant.
    (b) Effective date of divestment; rights of licensees; transfer of
      interests; payment of royalties to Attorney General
      Trademarks vested in the Alien Property Custodian or the Attorney
    General under the provisions of this Act [sections 1 to 6, 7 to 39,
    and 41 to 44 of this Appendix] subsequent to December 17, 1941,
    which have not been returned or otherwise disposed of under this
    Act [said sections], except trademarks vested by vesting orders
    284, as amended (7 Fed. Reg. 9754, 9 Fed. Reg. 1038), 2354 (8 Fed.
    Reg. 14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg.
    4364), are hereby divested as a matter of grace, effective the
    ninety-first day after the day of enactment of this section [Oct.
    23, 1962], and the persons entitled to such trademarks shall on
    that day succeed to the rights, privileges, and obligations arising
    therefrom, subject, however, to the rights of licensees under
    licenses issued by the Alien Property Custodian or the Attorney
    General in respect to such trademarks. The rights and interests
    remaining in the Attorney General under licenses issued by him or
    by the Alien Property Custodian in respect to trademarks divested
    hereunder are transferred, effective the day of divestment, to the
    persons entitled to such trademarks: Provided, That all unpaid
    royalties or other income accrued in favor of the Attorney General
    under such licenses prior to the day of divestment shall be paid by
    the licensees to the Attorney General.
    (c) Prevesting contracts; exceptions; payment of royalties to
      Attorney General
      All rights or interests vested in the Alien Property Custodian or
    the Attorney General under the provisions of this Act [sections 1
    to 6, 7 to 39, and 41 to 44 of this Appendix] subsequent to
    December 17, 1941, arising out of prevesting contracts entered into
    with respect to trademarks, except - 
        (1) royalties or other income received by or accrued in favor
      of the Alien Property Custodian or the Attorney General under
      such contracts;
        (2) rights or interests which have been returned or otherwise
      disposed of under this Act [said sections];
        (3) rights or interests vested by vesting orders 284, as
      amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg.
      14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364),

    are hereby divested as a matter of grace, effective the ninety-
    first day after the date of enactment of this section [Oct. 23,
    1962], and the persons entitled to such rights or interests shall
    succeed thereto, subject to the right of the Attorney General to
    collect and receive all unpaid royalties or other income accrued in
    his favor under such prevesting contracts prior to the day of
    divestment.
    (d) Publication of ownership list in Federal Register; effective
      date of divestment; succession to ownership of equivalent
      trademarks
      The Attorney General shall within forty-five days after the date
    of enactment of this section [Oct. 23, 1962] publish in the Federal
    Register a list of trademarks which at the date of vesting in the
    Alien Property Custodian or Attorney General were owned by persons
    who were resident in or had their sole or primary seat in the area
    of Germany now in the Soviet Zone of Occupation or in the Soviet
    sector of Berlin or in German territory under provisional Soviet or
    Polish administration. Notwithstanding the provisions of subsection
    (b) of this section, the effective date of divestment of the
    trademarks so listed and published in the Federal Register shall be
    the date of publication in the Federal Register by the Secretary of
    State of a certification identifying the cases in which an
    equivalent trademark has been registered in the Federal Republic of
    Germany for a person residing or having its sole or primary seat in
    the Federal Republic of Germany or in the western sectors of
    Berlin. In those cases of an equivalent trademark certified by the
    Secretary of State, the person registered by the Federal Republic
    of Germany as owner of such equivalent trademark shall succeed to
    the ownership of the divested trademark in the United States.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 42, as added Pub. L. 87-861, Sec. 2,
    Oct. 23, 1962, 76 Stat. 1139.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, are vested in Attorney General. See notes set out
    under section 6 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 44                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRADING WITH THE ENEMY ACT OF 1917
    ACT OCT. 6, 1917, CH. 106, 40 STAT. 411

-HEAD-
    Sec. 44. Motion picture prints, transfer of title

-STATUTE-
    (a) Prints in custody of Library of Congress; exception
      The Attorney General is authorized and directed to transfer to
    the Library of Congress the title to all prints of motion pictures
    now in the custody of the Library, which prints were vested in or
    transferred to the Alien Property Custodian or the Attorney General
    pursuant to this Act [sections 1 to 6, 7 to 39, and 41 to 44 of
    this Appendix] after December 17, 1941, except prints of motion
    pictures which are the subject of suits or claims under section
    9(a) or section 32 of this Act [section 9(a) or section 32 of this
    Appendix].
    (b) Prints in custody of Attorney General; exception; right of
      selection by Library of Congress; disposal of unselected prints
      by Attorney General
      Subject to the right of selection by the Library of Congress, the
    authorization, direction, and exception contained in subsection (a)
    hereof shall apply with respect to such prints now in the custody
    of the Attorney General. Prints not selected by the Library of
    Congress may be disposed of by the Attorney General in any manner
    he deems appropriate.
    (c) Retention, reproduction, and disposal of prints by Library of
      Congress
      With respect to all prints concerning which title is transferred
    to the Library of Congress pursuant to subsections (a) and (b)
    hereof, the Library shall have complete discretion to retain such
    prints and to reproduce copies thereof, or to dispose of them in
    any manner it deems appropriate.

-SOURCE-
    (Oct. 6, 1917, ch. 106, Sec. 43, as added Pub. L. 87-861, Sec. 2,
    Oct. 23, 1962, 76 Stat. 1140.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Alien Property Custodian and Office of Alien
    Property Custodian, except those relating to property or interest
    in Philippines, are vested in Attorney General. See notes set out
    under section 6 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX SOLDIERS' AND SAILORS' CIVIL
      RELIEF ACT OF 1918                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918

-HEAD-
              SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918          

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 8, 1918, CH. 20, 40
      STAT. 440                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
                  ACT MAR. 8, 1918, CH. 20, 40 STAT. 440              

-End-



-CITE-
    50 USC APPENDIX Secs. 101 to 104                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 101 to 104. Omitted

-COD-
                               CODIFICATION                           
      Sections 101 to 104 were omitted as expired. See Termination note
    set out under sections 161 to 165 of this Appendix.
      Section 101, act Mar. 8, 1918, ch. 20, Sec. 100, 40 Stat. 440,
    related to declaration of purpose of this act.
      Section 102, act Mar. 8, 1918, ch. 20, Sec. 101, 40 Stat. 440,
    related to definitions.
      Section 103, act Mar. 8, 1918, ch. 20, Sec. 102, 40 Stat. 441,
    related to territorial application of this act, jurisdiction of
    courts, and form of procedure.
      Section 104, act Mar. 8, 1918, ch. 20, Sec. 103, 40 Stat. 441,
    related to protection of persons secondarily liable.

-End-



-CITE-
    50 USC APPENDIX Secs. 111 to 116                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 111 to 116. Omitted

-COD-
                               CODIFICATION                           
      Sections 111 to 116 were omitted as expired. See Termination note
    set out under sections 161 to 165 of this Appendix.
      Section 111, act Mar. 8, 1918, ch. 20, Sec. 200, 40 Stat. 441,
    related to default judgments, affidavits and bonds, and attorneys
    for persons in service. See Default Judgment note set out under
    sections 161 to 165 of this Appendix.
      Section 112, act Mar. 8, 1918, ch. 20, Sec. 201, 40 Stat. 442,
    related to stay of proceedings where military service affected
    conduct.
      Section 113, act Mar. 8, 1918, ch. 20, Sec. 202, 40 Stat. 442,
    related to relief against fines and penalties on contracts, etc.,
    while in service.
      Section 114, act Mar. 8, 1918, ch. 20, Sec. 203, 40 Stat. 442,
    related to stay of execution of judgments, attachments, etc.,
    against persons in service.
      Section 115, act Mar. 8, 1918, ch. 20, Sec. 204, 40 Stat. 442,
    related to duration and terms of stay and to codefendants not in
    service.
      Section 116, act Mar. 8, 1918, ch. 20, Sec. 205, 40 Stat. 443,
    related to exclusion of period of military service from time of
    statutes of limitation.

-End-



-CITE-
    50 USC APPENDIX Secs. 121 to 124                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 121 to 124. Omitted

-COD-
                               CODIFICATION                           
      Sections 121 to 124 were omitted as expired. See Termination note
    set out under sections 161 to 165 of this Appendix.
      Section 121, act Mar. 8, 1918, ch. 20, Sec. 300, 40 Stat. 443,
    related to rents, evictions, stay of proceedings, and allotment of
    pay to discharge.
      Section 122, act Mar. 8, 1918, ch. 20, Sec. 301, 40 Stat. 443,
    related to contracts for the purchase of real or personal property
    and to actions on such contracts.
      Section 123, act Mar. 8, 1918, ch. 20, Sec. 302, 40 Stat. 444,
    related to mortgages or trust deeds, actions thereon, stays, and
    sales under powers. See Limitation of Actions note set out under
    sections 161 to 165 of this Appendix.
      Section 124, act Mar. 8, 1918, ch. 20, Sec. 303, as added Sept.
    16, 1940, ch. 720, Sec. 13(c), 54 Stat. 896, related to
    installments contracts and agreements to terminate, repossess, or
    retain property transferred.

-End-



-CITE-
    50 USC APPENDIX Secs. 131 to 146                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 131 to 146. Omitted

-COD-
                               CODIFICATION                           
      Sections 131 to 146 were omitted as expired. See Termination note
    set out under sections 161 to 165 of this Appendix.
      Section 131, act Mar. 8, 1918, ch. 20, Sec. 400, 40 Stat. 444,
    related to definitions concerning insurance.
      Section 132, act Mar. 8, 1918, ch. 20, Sec. 401, 40 Stat. 444,
    related to application for insurance benefits and forms.
      Section 133, act Mar. 8, 1918, ch. 20, Sec. 402, 40 Stat. 444,
    related to persons entitled to insurance benefits.
      Section 134, act Mar. 8, 1918, ch. 20, Sec. 403, 40 Stat. 445,
    related to lists of persons entitled to insurance benefits.
      Section 135, act Mar. 8, 1918, ch. 20, Sec. 404, 40 Stat. 445,
    related to applications on policies totaling more than $5,000.
      Section 136, act Mar. 8, 1918, ch. 20, Sec. 405, 40 Stat. 445,
    related to lapse of policies for nonpayment of premiums.
      Section 137, act Mar. 8, 1918, ch. 20, Sec. 406, 40 Stat. 445,
    related to reports to the Bureau of War Risk Insurance.
      Section 138, act Mar. 8, 1918, ch. 20, Sec. 407, 40 Stat. 446,
    related to verification of differences between premiums defaulted
    and paid.
      Section 139, act Mar. 8, 1918, ch. 20, Sec. 408, 40 Stat. 446,
    related to bonds of the United States for the difference between
    premiums defaulted and paid.
      Section 140, act Mar. 8, 1918, ch. 20, Sec. 409, 40 Stat. 446,
    related to holding of United States bonds as security for payment
    of premiums.
      Section 141, act Mar. 8, 1918, ch. 20, Sec. 410, 40 Stat. 446,
    related to deduction of unpaid premiums from proceeds of policies.
      Section 142, act Mar. 8, 1918, ch. 20, Sec. 411, 40 Stat. 446,
    related to payment of past due premiums on termination of service.
      Section 143, act Mar. 8, 1918, ch. 20, Sec. 412, 40 Stat. 446,
    related to accounts stated between insurers and the United States.
      Section 144, act Mar. 8, 1918, ch. 20, Sec. 413, 40 Stat. 447,
    related to payments of balances due insurers.
      Section 145, act Mar. 8, 1918, ch. 20, Sec. 414, 40 Stat. 447,
    related to policies to which these provisions did not apply.
      Section 146, act Mar. 8, 1918, ch. 20, Sec. 415, 40 Stat. 447,
    related to companies or associations to which these provisions
    applied.

-End-



-CITE-
    50 USC APPENDIX Secs. 151, 152                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 151, 152. Omitted

-COD-
                               CODIFICATION                           
      Sections 151 and 152 were omitted as expired. See Termination
    note set out under sections 161 to 165 of this Appendix.
      Section 151, act Mar. 8, 1918, ch. 20, Sec. 500, 40 Stat. 447,
    related to application of this section to taxes or assessments and
    to sale of property for failure to pay taxes or assessments.
      Section 152, act Mar. 8, 1918, ch. 20, Sec. 501, 40 Stat. 448,
    related to rights to public lands as not forfeited.

-End-



-CITE-
    50 USC APPENDIX Secs. 161 to 165                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918
    ACT MAR. 8, 1918, CH. 20, 40 STAT. 440

-HEAD-
    Secs. 161 to 165. Omitted

-COD-
                               CODIFICATION                           
      Sections 161 to 165 were omitted as expired. See Termination note
    set out below.
      Section 161, act Mar. 8, 1918, ch. 20, Sec. 600, 40 Stat. 448,
    related to transfers to take advantage of this act.
      Section 162, act Mar. 8, 1918, ch. 20, Sec. 601, 40 Stat. 448,
    related to certificates of military service, persons reported
    missing, and presumptions.
      Section 163, act Mar. 8, 1918, ch. 20, Sec. 602, 40 Stat. 449,
    related to revocation of interlocutory orders.
      Section 164, act Mar. 8, 1918, ch. 20, Sec. 603, 40 Stat. 449,
    provided that the act of Mar. 8, 1918, remain in force until the
    termination of the war and for six months thereafter and that the
    provisions of the Act remain in effect as long as necessary for the
    exercise or enjoyment of any proceeding, remedy, privilege, stay,
    limitation, accounting, or other transaction authorized by the Act.
      Section 165, act Mar. 8, 1918, ch. 20, Sec. 604, 40 Stat. 449,
    provided that this Act be cited as the Soldiers' and Sailors' Civil
    Relief Act.


-MISC1-
                    TERMINATION AFTER OCTOBER 17, 1940                
      Sections 101 to 104, 111 to 116, 121 to 124, 131 to 146, 151,
    152, and 161 to 165 of this Appendix were rendered inapplicable to
    military service performed after Oct. 17, 1940, under Selective
    Training and Service Act of 1940 and Army Reserve and Retired
    Personnel Law of 1940 by section 585 of this Appendix. Some of the
    sections had previously been made applicable to those 1940 acts by
    sections 313 and 404 of this Appendix. Present provisions on
    soldier's and sailor's civil relief are contained in section 501 et
    seq. of this Appendix.

                             DEFAULT JUDGMENTS                         
      Act Sept. 3, 1919, ch. 55, 41 Stat. 282, provided that where
    default judgments were entered and no affidavits required by
    section 111 of this Appendix had been filed, the plaintiff, on
    notice, could file an affidavit stating that persons in default
    were not in military service at time of entry of default judgment
    and authorized court to enter an order making the judgment
    effective as of date of entry.

           LIMITATION OF ACTIONS ON CLAIMS UNDER SECTION 123(3)       
      Act Mar. 4, 1923, ch. 284, 42 Stat. 1510, provided that claims
    under section 123(3) of this Appendix must have been asserted prior
    to Mar. 4, 1923 or within one year thereafter.

-End-


-CITE-
    50 USC APPENDIX SELECTIVE DRAFT ACT OF 1917                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE DRAFT ACT OF 1917

-HEAD-
                        SELECTIVE DRAFT ACT OF 1917                    

-End-


-CITE-
    50 USC APPENDIX ACT MAY 18, 1917, CH. 15, 40
      STAT. 76                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE DRAFT ACT OF 1917
    ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-
                   ACT MAY 18, 1917, CH. 15, 40 STAT. 76               

-End-



-CITE-
    50 USC APPENDIX Secs. 201 to 211                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE DRAFT ACT OF 1917
    ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-
    Secs. 201 to 211. Omitted

-COD-
                               CODIFICATION                           
      Sections 201 to 211 were omitted pursuant to section 4 of act
    June 15, 1917, set out as an Effect of Termination of World War I
    note under sections 213, 214 of this Appendix.
      Section 201, act May 18, 1917, ch. 15, Sec. 1, 40 Stat. 76,
    related to emergency increase in the Army, draft of National Guard
    and additional forces, volunteer divisions, and to the organization
    of the Army.
      Section 202, acts May 18, 1917, ch. 15, Sec. 2, 40 Stat. 77; July
    9, 1918, ch. 143, subch. XII, 40 Stat. 885; Aug. 31, 1918, ch. 166,
    Sec. 1, 40 Stat. 955; Oct. 14, 1940, ch. 876, Sec. 504, 54 Stat.
    1172, related to manner of attaining increased forces, eligibility
    for the draft, quotas, period of service, and the government of the
    forces raised.
      Section 203, act May 18, 1917, ch. 15, Sec. 3, 40 Stat. 78,
    related to bounties to induce enlistments, substitutes, and
    payments to escape service.
      Section 204, acts May 18, 1917, ch. 15, Sec. 4, 40 Stat. 78; Aug.
    31, 1918, ch. 166, Sec. 2, 40 Stat. 955, related to exemptions from
    the draft and to draft and appeal boards, and was repealed by Pub.
    L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643.
      Section 205, acts May 18, 1917, ch. 15, Sec. 5, 40 Stat. 80; Aug.
    31, 1918, ch. 166, Sec. 3, 40 Stat. 955, related to registration,
    the persons required to register, and to penalties for failure to
    register.
      Section 206, act May 18, 1917, ch. 15, Sec. 6, 40 Stat. 80,
    related to utilization of departments and officers, etc., use of
    franks, and offenses and punishments, and was repealed by Pub. L.
    89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643.
      Section 207, acts May 18, 1917, ch. 15, Sec. 7, 40 Stat. 81; July
    9, 1918, ch. 143, subch. XIII, 40 Stat. 885, related to voluntary
    enlistments and to geographical groupings of enlisted or drafted
    men.
      Section 208, acts May 18, 1917, ch. 15, Sec. 8, 40 Stat. 81; Apr.
    20, 1918, ch. 61, 40 Stat. 534, related to temporary appointment of
    general officers and to vacancies in the Regular Army.
      Section 209, act May 18, 1917, ch. 15, Sec. 9, 40 Stat. 82,
    related to periods of appointments and discharges for cause.
      Section 210, act May 18, 1917, ch. 15, Sec. 10, 40 Stat. 82,
    related to pay, allowances, and pensions.
      Section 211, act May 18, 1917, ch. 15, Sec. 11, 40 Stat. 82,
    related to suspension of restrictions on detail, detachment and
    employment of personnel.

-End-



-CITE-
    50 USC APPENDIX Sec. 212                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE DRAFT ACT OF 1917
    ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-
    Sec. 212. Repealed. Aug. 27, 1935, ch. 740, title II, Sec. 203, 49
      Stat. 878

-MISC1-
      Section, act May 18, 1917, ch. 15, Sec. 12, 40 Stat. 82, related
    to regulation and prohibition of alcoholic liquors by the
    President.

-End-



-CITE-
    50 USC APPENDIX Secs. 213, 214                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE DRAFT ACT OF 1917
    ACT MAY 18, 1917, CH. 15, 40 STAT. 76

-HEAD-
    Secs. 213, 214. Omitted

-COD-
                               CODIFICATION                           
      Sections 213 and 214 were omitted pursuant to section 4 of act
    June 15, 1917, set out as an Effect of Termination of World War I
    note below.
      Section 213, acts May 18, 1917, ch. 15, Sec. 13, 40 Stat. 83;
    July 9, 1918, ch. 143, subch. XIV, 40 Stat. 885, related to
    prohibition of prostitution. See section 1384 of Title 18, Crimes
    and Criminal Procedure.
      Section 214, act May 18, 1917, ch. 15, Sec. 14, 40 Stat. 83,
    related to suspension of conflicting laws.


-MISC1-
                   EFFECT OF TERMINATION OF WORLD WAR I               
      Act June 15, 1917, ch. 29, Sec. 4, 40 Stat. 217, provided in part
    that compulsory military service under sections 201 to 214 of this
    Appendix should cease four months after proclamation of peace by
    the President.

                            DURATION OF SERVICE                        
      Act June 15, 1917, ch. 29, Sec. 4, 40 Stat. 217, provided in part
    that draftees and enlistees should serve for the duration of the
    war.

           SUPPLEMENTAL PROVISIONS RELATING TO GENERAL OFFICERS       
      Act Oct. 6, 1917, ch. 105, Sec. 3, 40 Stat. 410, provided that
    section 208 of this Appendix should be construed to authorize the
    President to appoint the Chief of Staff and the commander of United
    States forces in France as generals, the commander of an army corps
    as lieutenant general, and their rate of pay and allowances.

      EXTENSION OF SECTIONS 212 AND 213 OF THIS APPENDIX TO THE NAVY  
      Act Oct. 6, 1917, ch. 92, 40 Stat. 393, extended the provisions
    of sections 212 and 213 of this Appendix to include the Navy.

              CALLING OF CERTAIN DEFERRED CLASSES FOR SERVICE          
      Act May 16, 1918, ch. 76, 40 Stat. 554, authorized the President
    to call for immediate military service persons who were placed in
    deferred classes.

      REGISTRATION OF PERSONS ATTAINING AGE OF 21 SINCE JUNE 5, 1917  
      Act May 20, 1918, ch. 79, 40 Stat. 557, authorized the President
    to proclaim a registration date for persons who attained the age of
    21 since June 5, 1917, and authorized further proclamations from
    time to time as necessary.

                POWER OF PRESIDENT TO INCREASE DRAFTED ARMY            
      Act July 9, 1918, ch. 143, subch. XXI, 40 Stat. 894, authorized
    the President to draft the maximum number of men necessary for
    prosecution of the war.

                     SERVICES FOR WHICH DRAFTEE LIABLE                 
      Act Aug. 31, 1918, ch. 166, Sec. 4, 40 Stat. 955, provided for
    allotment of draftees to Army, Navy, and Marine Corps.

       REPEAL OF RESTRICTIONS ON ENLISTMENTS; PERIOD OF ENLISTMENTS;
                SERVICE WITH RESERVES; PAY OF ENLISTED MEN
      Act Feb. 28, 1919, ch. 79, 40 Stat. 1211, provided for repeal of
    so much of sections 207 and 214 of this Appendix as imposed
    restrictions on enlistments in Regular Army, the period of such
    enlistments, did not require service with the reserves, rate of
    pay, and discharge after one year's service to those who enlisted
    for three years, in discretion of Secretary of the Army.

            STATUS OF DESERTERS; PROSECUTION OF DRAFT VIOLATORS        
      Act Mar. 8, 1922, ch. 101, 42 Stat. 421, provided for extension
    of time within which deserters and draft violators could be
    prosecuted.


-EXEC-
     PROC. NO. 2068. PARDON OF PERSONS CONVICTED OF VIOLATING SECTION
                                    205
      Proc. No. 2068, Dec. 23, 1933, 48 Stat. 1725, granted full pardon
    to all persons who had theretofore been convicted of a violation of
    or of a conspiracy to violate section 205 of this Appendix, and who
    had complied with their sentences.

-End-


-CITE-
    50 USC APPENDIX SELECTIVE TRAINING AND SERVICE
      ACT OF 1940                                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE TRAINING AND SERVICE ACT OF 1940

-HEAD-
                SELECTIVE TRAINING AND SERVICE ACT OF 1940            

-End-


-CITE-
    50 USC APPENDIX ACT SEPT. 16, 1940, CH. 720, 54
      STAT. 885                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE TRAINING AND SERVICE ACT OF 1940
    ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-
                 ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885             

-End-



-CITE-
    50 USC APPENDIX Secs. 301 to 309a                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE TRAINING AND SERVICE ACT OF 1940
    ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-
    Secs. 301 to 309a. Omitted

-COD-
                               CODIFICATION                           
      Section 301, acts Sept. 16, 1940, ch. 720, Sec. 1, 54 Stat. 885;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    declaration of emergency and policy, expired on Mar. 31, 1947,
    pursuant to section 316 of this Appendix. See section 451 of this
    Appendix.
      Section 302, acts Sept. 16, 1940, ch. 720, Sec. 2, 54 Stat. 885;
    Dec. 20, 1941, ch. 602, Sec. 1, 55 Stat. 844; June 29, 1946, ch.
    522, Sec. 1, 60 Stat. 341, which related to registration and age
    limits, expired on Mar. 31, 1947, pursuant to section 316 of this
    Appendix. See section 453 of this Appendix.
      Section 303, acts Sept. 16, 1940, ch. 720, Sec. 3, 54 Stat. 885;
    Aug. 18, 1941, ch. 362, Sec. 5, 55 Stat. 627; Dec. 20, 1941, ch.
    602, Secs. 2, 9, 55 Stat. 845, 846; Nov. 13, 1942, ch. 638, Secs.
    1, 5, 56 Stat. 1018, 1019; May 9, 1945, ch. 112, Sec. 2, 59 Stat.
    166; May 14, 1946, ch. 253, Sec. 3, 60 Stat. 181; June 29, 1946,
    ch. 522, Secs. 2-4, 60 Stat. 341, which related to liability for
    service, number of armed forces and term of service, expired in
    part on Mar. 31, 1947 and after July 1, 1947, pursuant to section
    316 of this Appendix. See section 454 of this Appendix.
      Section 303a, acts June 28, 1944, ch. 301, title I, 58 Stat. 544;
    July 17, 1945, ch. 319, 59 Stat. 485; July 23, 1946, ch. 591, title
    I, 60 Stat. 613, related to medical and burial expenses of
    registrants. See section 461 of this Appendix.
      Section 303a was enacted as part of act July 23, 1946, known as
    the Third Deficiency Appropriation Act, 1946, and not as part of
    act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective
    Training and Service Act of 1940.
      Section 304, acts Sept. 16, 1940, ch. 720, Sec. 4, 54 Stat. 887;
    Dec. 20, 1941, ch. 602, Sec. 3, 55 Stat. 815; June 29, 1946, ch.
    522, Sec. 1, 60 Stat. 341, which related to manner of selecting
    men, expired on Mar. 31, 1947, pursuant to section 316 of this
    Appendix. See section 455 of this Appendix.
      Section 304a, act Dec. 5, 1943, ch. 342, Sec. 5, 57 Stat. 599,
    related to pre-induction physical examinations.
      Section 304a was not enacted as part of act Sept. 16, 1940, ch.
    720, 54 Stat. 885, known as the Selective Training and Service Act
    of 1940.
      Section 305, acts Sept. 16, 1940, ch. 720, Sec. 5, 54 Stat. 887;
    May 29, 1941, ch. 155, 55 Stat. 211; Aug. 16, 1941, ch. 355, Secs.
    1, 2, 55 Stat. 621; Dec. 20, 1941, ch. 602, Secs. 4-6, 55 Stat.
    845; June 23, 1942, ch. 443, title II, Sec. 201(a), 56 Stat. 386;
    Nov. 13, 1942, ch. 638, Secs. 2, 4, 56 Stat. 1019; July 9, 1943,
    ch. 211, 57 Stat. 391; Dec. 5, 1943, ch. 342, Sec. 1, 57 Stat. 596;
    May 14, 1946, ch. 253, Sec. 2, 60 Stat. 181; June 29, 1946, ch.
    522, Secs. 5, 6, 60 Stat. 342; Oct. 12, 1949, ch. 681, title V,
    Sec. 531(d), 63 Stat. 841, which related to exceptions, exemptions
    and deferments, expired on Mar. 31, 1947, pursuant to section 316
    of this Appendix. See section 456 of this Appendix.
      Section 305a, act Apr. 8, 1943, ch. 33, 57 Stat. 57, related to
    deferments of Federal Government employees.
      Section 305a was not enacted as part of act Sept. 16, 1940, ch.
    720, 54 Stat. 885, known as the Selective Training and Service Act
    of 1940.
      Section 305b, act Dec. 5, 1943, ch. 342, Sec. 6, 57 Stat. 599,
    related to monthly reports by Director of Selective Service.
      Section 305b was not enacted as part of act Sept. 16, 1940, ch.
    720, 54 Stat. 885, known as the Selective Training and Service Act
    of 1940.
      Section 306, acts Sept. 16, 1940, ch. 720, Sec. 6, 54 Stat. 889;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    number inducted as limited by appropriations, expired on Mar. 31,
    1947, pursuant to section 316 of this Appendix.
      Section 307, acts Sept. 16, 1940, ch. 720, Sec. 7, 54 Stat. 890;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    bounties for enlistment and substitutes, expired on Mar. 31, 1947,
    pursuant to section 316 of this Appendix. See section 458 of this
    Appendix.
      Section 308, acts Sept. 16, 1940, ch. 720, Sec. 8, 54 Stat. 890;
    July 28, 1942, ch. 529, Sec. 2, 56 Stat. 724; Dec. 8, 1944, ch.
    548, Sec. 1, 58 Stat. 798; June 29, 1946, ch. 522, Sec. 1, 60 Stat.
    341, which related to service certificates and reemployment rights,
    expired on Mar. 31, 1947, pursuant to section 316 of this Appendix.
    See section 459 of this Appendix.
      Section 309, acts Sept. 16, 1940, ch. 720, Sec. 9, 54 Stat. 892;
    June 25, 1943, ch. 144, Sec. 3, 57 Stat. 164; June 29, 1946, ch.
    522, Sec. 1, 60 Stat. 341, which related to conscription of
    industry, expired on Mar. 31, 1947, pursuant to section 316 of this
    Appendix. See section 468 of this Appendix.
      Section 309a, acts July 12, 1943, ch. 221, title VII, 57 Stat.
    518; June 28, 1944, ch. 301, title I, 58 Stat. 544; July 17, 1945,
    ch. 319, 59 Stat. 485; July 23, 1946, ch. 591, title I, 60 Stat.
    614, related to a work program for conscientious objectors. See
    section 456 of this Appendix.
      Section 309a was enacted as part of act July 23, 1946, known as
    the Third Deficiency Appropriation Act, 1946, and not as part of
    act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective
    Training and Service Act of 1940.

-End-



-CITE-
    50 USC APPENDIX Sec. 310                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE TRAINING AND SERVICE ACT OF 1940
    ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-
    Sec. 310. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 16, 1966, 80
      Stat. 651, 652

-MISC1-
      Section, acts Sept. 16, 1940, ch. 720, Sec. 10, 54 Stat. 893;
    Dec. 5, 1943, ch. 342, Secs. 2-4, 57 Stat. 597, 598; June 29, 1946,
    ch. 522, Sec. 1, 60 Stat. 341; 1950 Reorg. Plan No. 26, Secs. 1, 2,
    eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, related to
    administrative provisions. See section 460 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Secs. 310a to 318                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SELECTIVE TRAINING AND SERVICE ACT OF 1940
    ACT SEPT. 16, 1940, CH. 720, 54 STAT. 885

-HEAD-
    Secs. 310a to 318. Omitted

-MISC1-
      Section 310a, acts Oct. 8, 1940, ch. 756, title I, 54 Stat. 971;
    Apr. 5, 1941, ch. 40, 55 Stat. 117; Apr. 28, 1942, ch. 247, title
    III, 56 Stat. 237; July 12, 1943, ch. 221, title VII, 57 Stat. 519;
    June 28, 1944, ch. 301, title I, 58 Stat. 544; July 17, 1945, ch.
    319, 59 Stat. 485; July 23, 1946, ch. 591, title I, 60 Stat. 614,
    related to travel expenses. See section 460(f) of this Appendix.
      Section 310a was enacted as part of act July 23, 1946, known as
    the Third Deficiency Appropriation Act, 1946, and not as part of
    act Sept. 16, 1940, ch. 720, 54 Stat. 885, known as the Selective
    Training and Service Act of 1940.
      Section 310b, act July 2, 1945, ch. 219, Secs. 1-4, 59 Stat. 312,
    related to Selective Service Medal.
      Section 310b was not enacted as part of act Sept. 16, 1940, ch.
    720, 54 Stat. 885, known as the Selective Training and Service Act
    of 1940.
      Section 311, acts Sept. 16, 1940, ch. 720, Sec. 11, 54 Stat. 894;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, related to offenses
    and punishment, expired on Mar. 31, 1947, pursuant to section 316
    of this Appendix. See section 462 of this Appendix.
      Section 312, acts Sept. 16, 1940, ch. 720, Sec. 12, 54 Stat. 895;
    Mar. 28, 1942, ch. 206, 56 Stat. 190; June 16, 1942, ch. 413, Sec.
    19, 56 Stat. 369, eff. June 1, 1942; June 29, 1946, ch. 522, Sec.
    1, 60 Stat. 341, related to pay and allowances. Subsections (a) to
    (c) were repealed on June 1, 1942, and the other subsections
    expired on Mar. 31, 1947, pursuant to section 316 of this Appendix.
      Section 313, acts Sept. 16, 1940, ch. 720, Sec. 13, 54 Stat. 895;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    applicability of Soldiers' and Sailors' Civil Relief Act, section
    501 et seq. of this Appendix, expired on Mar. 31, 1947, pursuant to
    section 316 of this Appendix.
      Section 314, acts Sept. 16, 1940, ch. 720, Sec. 14, 54 Stat. 896;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    notice of requirements of the act, expired on Mar. 31, 1947,
    pursuant to section 316 of this Appendix. See section 465 of this
    Appendix.
      Section 315, acts Sept. 16, 1940, ch. 720, Sec. 15, 54 Stat. 896;
    Dec. 20, 1941, ch. 602, Sec. 7, 55 Stat. 845; June 23, 1942, ch.
    443, title II, Sec. 201(b), 56 Stat. 387; Nov. 13, 1942, ch. 638,
    Sec. 3, 56 Stat. 1019; July 1, 1944, ch. 376, 58 Stat. 720; June
    29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    definitions, expired on Mar. 31, 1947, pursuant to section 316 of
    this Appendix. See section 466 of this Appendix.
      Section 316, act Sept. 16, 1940, ch. 720, Sec. 16, 54 Stat. 897;
    May 9, 1945, ch. 112, Sec. 1, 59 Stat. 166; May 14, 1946, ch. 253,
    Sec. 1, 60 Stat. 181; June 29, 1946, ch. 522, Sec. 7, 60 Stat. 342,
    related to suspension of conflicting laws and expiration of the
    act. See section 467 of this Appendix.
      Section 317, acts Sept. 16, 1940, ch. 720, Sec. 17, 54 Stat. 897;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, related to the
    effective date of the act.
      Section 318, acts Sept. 16, 1940, ch. 720, Sec. 18, 54 Stat. 897;
    June 29, 1946, ch. 522, Sec. 1, 60 Stat. 341, which related to
    short title of act, expired on Mar. 31, 1947, pursuant to section
    316 of this Appendix.

     STATUS AND TERM OF SERVICE OF PERSONS INDUCTED INTO NAVY, MARINE
                           CORPS OR COAST GUARD
      Act Dec. 20, 1941, ch. 602, Sec. 8, 55 Stat. 846, related to the
    status and term of service of persons inducted into Navy, Marine
    Corps, or Coast Guard under Selective Training and Service Act of
    1940.

     RECOGNITION OF UNCOMPENSATED SERVICE OF MEMBERS OF LOCAL BOARDS,
                                   ETC.
      Act June 30, 1947, ch. 167, 61 Stat. 210, directed the Director
    of Selective Service to issue to uncompensated personnel of the
    Selective Service System, upon the expiration of the Selective
    Training and Service Act of 1940, as amended, suitable certificates
    of separation.

-End-


-CITE-
    50 USC APPENDIX OFFICE OF SELECTIVE SERVICE
      RECORDS                                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS

-HEAD-
                    OFFICE OF SELECTIVE SERVICE RECORDS                

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 31, 1947, CH. 26, 61
      STAT. 31                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
                  ACT MAR. 31, 1947, CH. 26, 61 STAT. 31              

-MISC1-
    Sec.                                                     
    321.        Establishment of Office of Selective Service Records;
                 appointment of Director.                             
    322.        Functions, duties, and responsibilities of Office.    
    323.        Transfer of funds; appropriations.                    
    324.        Transfer of property, records, and personnel to
                 Office; transfer of surplus property to National
                 Guard.                                               
    325.        Transfer of functions and responsibilities of
                 Personnel Division, National Headquarters, Selective
                 Service System to Office; effective date.            
    326.        Powers and duties of Director; acceptance of voluntary
                 services; fiscal, disbursing, and accounting agent;
                 status of officers of military and naval Services and
                 Reserves and departments or agencies detailed to
                 Office.                                              
    327.        Rules and regulations; penalties.                     
    328.        Suspension of conflicting laws.                       
    329.        Effective date.                                       
    330.        Destruction of records; use of appropriations;
                 procedures; transfers to other agencies.             


-TRANS-
      TERMINATION AND REESTABLISHMENT OF OFFICE OF SELECTIVE SERVICE
         RECORDS; TRANSFER OF FUNCTIONS, PERSONNEL, PROPERTY, ETC.
      Act June 24, 1948, ch. 625, title I, Sec. 10(a)(4), 62 Stat. 618,
    provided that: "The functions of the Office of Selective Service
    Records (established by the Act of March 31, 1947) [sections 321 to
    329 of this Appendix] and of the Director of the Office of
    Selective Service Records are hereby transferred to the Selective
    Service System and the Director of Selective Service, respectively.
    The personnel, property, records, and unexpended balances
    (available or to be made available) of appropriations, allocations,
    and other funds of the Office of Selective Service Records are
    hereby transferred to the Selective Service System. The Office of
    Selective Service Records shall cease to exist upon the taking of
    effect of the provisions of this title [sections 451, 453, 454 and
    455 to 471 of this Appendix]: Provided, That, effective upon the
    termination of this title [said sections] and notwithstanding such
    termination in other respects, (A) the said Office of Selective
    Service Records is hereby reestablished on the same basis and with
    the same functions as obtained prior to the effective date of this
    title [June 24, 1948], (B) said reestablished Office shall be
    responsible for liquidating any other outstanding affairs of the
    Selective Service System, and (C) the personnel, property, records,
    and unexpended balances (available or to be made available) of
    appropriations, allocations, and other funds of the Selective
    Service System shall be transferred to such reestablished Office of
    Selective Service Records."

-End-



-CITE-
    50 USC APPENDIX Sec. 321                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 321. Establishment of Office of Selective Service Records;
      appointment of Director

-STATUTE-
      There is hereby established an Office of Selective Service
    Records, to be headed by a Director who shall be appointed by the
    President, by and with the advice and consent of the Senate.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 1, 61 Stat. 31.)

-COD-
                               CODIFICATION                           
      Provisions that fixed the compensation of the Director at $10,000
    per year were omitted as obsolete and superseded. Sections 1202 and
    1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed
    the Classification Act of 1923 and all other laws or parts of laws
    inconsistent with the 1949 Act. The Classification Act of 1949 was
    repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,
    and reenacted as chapter 51 and subchapter III of chapter 53 of
    Title 5, Government Organization and Employees. Section 5102 of
    Title 5 contains the applicability provisions of the 1949 Act, and
    section 5103 of Title 5 authorizes the Office of Personnel
    Management to determine the applicability to specific positions and
    employees.

-End-



-CITE-
    50 USC APPENDIX Sec. 322                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 322. Functions, duties, and responsibilities of Office

-STATUTE-
      The functions, duties, and responsibilties (!1) of the Office of
    Selective Service Records shall be (a) to liquidate the Selective
    Service System, which liquidation shall be completed as rapidly as
    possible after March 31, 1947, but in any event not later than
    March 31, 1948, except as herein provided; (b) to preserve and
    service the records of Selective Service; and (c) to perform such
    other duties relating to the preservation of records, knowledge,
    and methods of Selective Service, not inconsistent with law.


-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 2, 61 Stat. 31.)


-MISC1-
                         REESTABLISHMENT OF OFFICE                     
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-FOOTNOTE-
    (!1) So in original. Should be "responsibilities".


-End-



-CITE-
    50 USC APPENDIX Sec. 323                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 323. Transfer of funds; appropriations

-STATUTE-
      The unexpended balances of funds available to the Selective
    Service System are made available to the Office of Selective
    Service Records for the purposes of this Act [sections 321 to 329
    of this Appendix] and such additional appropriations as are
    necessary therefor are authorized.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 3, 61 Stat. 31.)


-MISC1-
                         REESTABLISHMENT OF OFFICE                     
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 324                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 324. Transfer of property, records, and personnel to Office;
      transfer of surplus property to National Guard

-STATUTE-
      All property, records, and personnel of the Selective Service
    System are hereby transferred to the Office of Selective Service
    Records and authority is hereby granted to the Director of the
    Office of Selective Service Records to transfer, without
    reimbursement, and with the approval of the War Assets
    Administration,(!1) to the National Guard in the several States,
    the District of Columbia, and Territories and possessions of the
    United States, or to the Organized Reserves of the armed forces,
    surplus property of the Selective Service System.


-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 4, 61 Stat. 31; June 30, 1949, ch.
    288, title I, Sec. 105, 63 Stat. 381.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Assets Administration abolished and functions, records, etc.,
    transferred to General Services Administration by act June 30,
    1949, ch. 288, title I, Sec. 105, 63 Stat. 381, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.


-MISC1-
                         REESTABLISHMENT OF OFFICE                     
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 325                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 325. Transfer of functions and responsibilities of Personnel
      Division, National Headquarters, Selective Service System to
      Office; effective date

-STATUTE-
      Pursuant to the third sentence of section 7 of Public Law 473,
    approved June 29, 1946 [section 316(b) of this Appendix], all
    functions and responsibilities of the Personnel Division, National
    Headquarters, Selective Service System, established under authority
    of section 8(g) of the Selective Training and Service Act of 1940,
    as amended [section 308(g) of this Appendix], together with so much
    of the records of the Selective Service System, and so much of the
    unexpended balances of appropriations of the Selective Service
    System, as the Director of the Bureau of the Budget (!1) may
    determine to relate primarily to such functions, are transferred,
    effective March 29, 1947, from the Selective Service System to the
    Secretary of Labor.


-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 5(a), 61 Stat. 32.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law (including reorganization plan) in Bureau
    of the Budget or Director of Bureau of the Budget transferred to
    President by section 101 of Reorg. Plan No. 2, of 1970, eff. July
    1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to
    Title 5, Government Organization and Employees. Section 102 of
    Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as
    Office of Management and Budget.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 326                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 326. Powers and duties of Director; acceptance of voluntary
      services; fiscal, disbursing, and accounting agent; status of
      officers of military and naval Services and Reserves and
      departments or agencies detailed to Office

-STATUTE-
      (a) The Director is authorized - 
        (1) to prescribe the necessary rules and regulations to carry
      out the provisions of this Act [sections 321 to 329 of this
      Appendix];
        (2) to create and establish, on the date hereinafter specified,
      Federal record depots in the several States, the District of
      Columbia, Territories, and possessions of the United States, and
      to maintain such other offices as may be necessary for the
      purposes of this Act [said sections];
        (3) to utilize the agencies of the Federal Government with the
      consent of the heads thereof, and to accept the services of all
      officers and agents of the several States, the District of
      Columbia, Territories, and possessions of the United States, and
      subdivisions thereof, in the execution of this Act [said
      sections];
        (4) to appoint and fix the compensation of such officers and
      employees (not to exceed 1,200 in number by November 1, 1947), as
      may be necessary for the purposes of this Act [said sections];
        (5) to delegate and provide for the delegation of any authority
      vested in him under this Act [said sections] to such officers,
      agents, or persons as he may designate or appoint for such
      purpose or as may be designated or appointed for such purpose
      pursuant to such rules and regulations as he may prescribe.

      (b) In the administration of this Act [sections 321 to 329 of
    this Appendix] voluntary services may be accepted.
      (c) The Chief of Finance, United States Army,(!1) is designated,
    empowered, and directed to act as the fiscal, disbursing, and
    accounting agent of the Director of the Office of Selective Service
    Records in carrying out the provisions of this Act [sections 321 to
    329 of this Appendix].

      (d) Any officer of the Armed Forces or any officer or employee of
    any department or agency of the United States who may be assigned
    or detailed to any office or position to carry out the provisions
    of this Act [sections 321 to 329 of this Appendix] may serve in and
    perform the functions of such office or position without loss of or
    prejudice to his status as such officer of the Armed Forces or as
    such officer or employee in any department or agency of the United
    States.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 6, 61 Stat. 32; Pub. L. 96-513, title
    V, Sec. 507(c), Dec. 12, 1980, 94 Stat. 2919.)

-COD-
                               CODIFICATION                           
      Provisions of subsec. (a)(4) that authorized the Director to fix
    the compensation of officers and employees "with or without regard
    to the Classification Act of 1923, as amended: Provided, That the
    compensation of such persons shall not be in excess of that
    provided in said Act" were omitted as obsolete and superseded.
    Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat.
    972, 973, repealed the Classification Act of 1923 and all other
    laws or parts of laws inconsistent with the 1949 Act. The
    Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6,
    1966, Sec. 8(a), 80 Stat. 632, and reenacted as chapter 51 and
    subchapter III of chapter 53 of Title 5, Government Organization
    and Employees. Section 5102 of Title 5 contains the applicability
    provisions of the 1949 Act, and section 5103 of Title 5 authorizes
    the Office of Personnel Management to determine the applicability
    to specific positions and employees.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (d). Pub. L. 96-513 substituted "Any officer of
    the Armed Forces" for "Any officer on the active or retired list of
    the Army, Navy, Marine Corps, or Coast Guard, or of any Reserve
    component thereof," and "as such officer of the Armed Forces" for
    "as such officer in the Army, Navy, Marine Corps, or Coast Guard or
    Reserve component thereof,".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
    701 of Pub. L. 96-513, set out as a note under section 101 of Title
    10, Armed Forces.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Pursuant to Department of Defense Reorganization Order, Jan. 10,
    1962, set out as a note under section 3036 of Title 10, Armed
    Forces, Office of Chief of Finance, United States Army, abolished
    and functions transferred to Secretary of the Army, with power in
    Secretary to delegate.


-MISC2-
                        REESTABLISHMENT OF OFFICES                    
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 327                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 327. Rules and regulations; penalties

-STATUTE-
      The Director is authorized to prescribe such rules and
    regulations as may be necessary to preserve the confidential nature
    of the individual confidential records previously obtained under
    the Selective Training and Service Act of 1940, as amended
    [sections 301 to 318 of this Appendix]. Any person charged with the
    duty of carrying out any of the provisions of this Act [sections
    321 to 329 of this Appendix], and who fails to carry out such
    provisions or who shall knowingly violate the regulations
    promulgated under this section, or any person or persons who shall
    unlawfully obtain, gain access to, or use such records, shall, upon
    conviction in the district court of the United States having
    jurisdiction thereof, be punished by imprisonment for not more than
    five years, or a fine of not more than $10,000, or by both such
    fine and imprisonment, or if subject to military or naval law, may
    be tried by court martial, and, on conviction, shall suffer such
    punishment as the court martial may direct.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 7, 61 Stat. 32.)


-MISC1-
                         REESTABLISHMENT OF OFFICE                     
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 328                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 328. Suspension of conflicting laws

-STATUTE-
      Except as provided in this Act [sections 321 to 329 of this
    Appendix], all laws and parts of laws in conflict with the
    provisions of this Act [said sections] are suspended to the extent
    of such conflict for the period in which this Act [said sections]
    shall be in force.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 8, 61 Stat. 33.)


-MISC1-
                         REESTABLISHMENT OF OFFICE                     
      For termination and reestablishment dates, see note set out
    preceding section 321 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 329                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 329. Effective date

-STATUTE-
      Except as otherwise provided by the terms of this Act [sections
    321 to 329 of this Appendix], the provisions hereof shall take
    effect at 12 o'clock post meridian, March 31, 1947.

-SOURCE-
    (Mar. 31, 1947, ch. 26, Sec. 9, 61 Stat. 33.)

-End-



-CITE-
    50 USC APPENDIX Sec. 330                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    OFFICE OF SELECTIVE SERVICE RECORDS
    ACT MAR. 31, 1947, CH. 26, 61 STAT. 31

-HEAD-
    Sec. 330. Destruction of records; use of appropriations;
      procedures; transfers to other agencies

-STATUTE-
      Appropriations for the Selective Service System may on and after
    August 28, 1958, be used for the destruction of records accumulated
    under the Selective Training and Service Act of 1940, as amended
    [sections 301 to 318 of this Appendix], by the Director of
    Selective Service after compliance with the procedures for the
    destruction of records prescribed pursuant to the Records Disposal
    Act of 1943, as amended (44 U.S.C. 366-380): Provided, That no
    records may be transferred to any other agency without the approval
    of the Director of Selective Service.

-SOURCE-
    (Pub. L. 85-844, title I, Aug. 28, 1958, 72 Stat. 1073.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Records Disposal Act of 1943, as amended (44 U.S.C. 366-380),
    is act July 7, 1943, ch. 192, 57 Stat. 380, which enacted sections
    366 to 380 of former Title 44, Public Printing and Documents.
    Sections 366 to 376, and 378 to 380 of former Title 44 were
    repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1306,
    and reenacted as sections 3301 to 3303 and 3304 to 3314,
    respectively, of Title 44, Public Printing and Documents. Sections
    3304 to 3307 of Title 44 were repealed by Pub. L. 91-287, Sec.
    2(c), June 23, 1970, 84 Stat. 321. Section 377 of former Title 44
    was also repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82
    Stat. 1306.

-COD-
                               CODIFICATION                           
      Section was enacted as part of Pub. L. 85-844, known as the
    Independent Offices Appropriation Act, 1959, and not as part of act
    Mar. 31, 1947, ch. 26, 61 Stat. 31, which comprises sections 321 to
    329 of this Appendix.


-MISC1-
                             PRIOR PROVISIONS                         
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 85-69, title I, June 29, 1957, 71 Stat. 235.
      June 27, 1956, ch. 452, title I, 70 Stat. 348.
      June 30, 1955, ch. 244, title I, 69 Stat. 209.
      June 24, 1954, ch. 359, title I, 68 Stat. 287.
      July 27, 1953, ch. 241, title I, 67 Stat. 189.
      July 5, 1952, ch. 578, title I, 66 Stat. 406.

-End-


-CITE-
    50 USC APPENDIX SERVICE EXTENSION ACT OF 1941               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICE EXTENSION ACT OF 1941

-HEAD-
                       SERVICE EXTENSION ACT OF 1941                   

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 18, 1941, CH. 362, 55
           STAT. 626-628                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICE EXTENSION ACT OF 1941
    ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-
               ACT AUG. 18, 1941, CH. 362, 55 STAT. 626-628           

-End-



-CITE-
    50 USC APPENDIX Secs. 351 to 357                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICE EXTENSION ACT OF 1941
    ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-
    Secs. 351 to 357. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A
      Stat. 641

-MISC1-
      Section 351, act Aug. 18, 1941, ch. 362, Sec. 1, 55 Stat. 626,
    related to the declaration of national peril for purposes of
    extending service under section 303(b) of this Appendix.
      Section 352, act Aug. 18, 1941, ch. 362, Sec. 2, 55 Stat. 626,
    authorized an eighteen-month extension of periods of service for
    persons inducted under the Selective Training and Service Act of
    1940, sections 301 to 318 of this Appendix.
      Section 353, act Aug. 18, 1941, ch. 362, Sec. 3, 55 Stat. 626,
    extended time for application for National Service Life Insurance.
      Section 354, act Aug. 18, 1941, ch. 362, Sec. 4, 55 Stat. 627,
    related to release from service in hardship cases.
      Section 355, act Aug. 18, 1941, ch. 362, amended section 303(c)
    of this Appendix.
      Section 356, act Aug. 18, 1941, ch. 362, Sec. 6, 55 Stat. 627,
    authorized President to order Regular Army retired personnel to
    active duty. See section 471 of this Appendix.
      Section 357, acts Aug. 18, 1941, ch. 362, Sec. 7, 55 Stat. 627;
    Dec. 8, 1944, ch. 548, Sec. 3, 58 Stat. 799; Aug. 9, 1946, ch. 936,
    60 Stat. 971, related to reemployment rights. See section 459 of
    this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 358                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICE EXTENSION ACT OF 1941
    ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-
    Sec. 358. Repealed. June 16, 1942, ch. 413, Sec. 19, 56 Stat. 369,
      eff. June 1, 1942

-MISC1-
      Section, act Aug. 18, 1941, ch. 362, Sec. 8, 55 Stat. 627,
    related to additional compensation for active service in excess of
    twelve months.

                             ADDITIONAL REPEAL                         
      Section was also repealed by act Aug. 10, 1956, ch. 1041, Sec.
    53, 70A Stat. 641.

-End-



-CITE-
    50 USC APPENDIX Secs. 359 to 362                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICE EXTENSION ACT OF 1941
    ACT AUG. 18, 1941, CH. 362, 55 STAT. 62609628

-HEAD-
    Secs. 359 to 362. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A
      Stat. 641

-MISC1-
      Section 359, acts Aug. 18, 1941, ch. 362, Sec. 9, 55 Stat. 628;
    Aug. 7, 1946, ch. 770, Sec. 1(58), 60 Stat. 871, suspended
    limitations on number of inductees.
      Section 360, act Aug. 18, 1941, ch. 362, Sec. 10, 55 Stat. 628,
    related to enlistments in Army without regard to component. See
    section 3252 of Title 10, Armed Forces.
      Section 361, act Aug. 18, 1941, ch. 362, Sec. 11, 55 Stat. 628,
    amended section 401 of this Appendix.
      Section 362, act Aug. 18, 1941, ch. 362, Sec. 12, 55 Stat. 628,
    gave short title of act.

-End-


-CITE-
    50 USC APPENDIX ARMY RESERVE AND RETIRED
      PERSONNEL SERVICE LAW OF 1940                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940

-HEAD-
          ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940      

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 27, 1940, CH. 689, 54
      STAT. 858                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940
    ACT AUG. 27, 1940, CH. 689, 54 STAT. 858

-HEAD-
                 ACT AUG. 27, 1940, CH. 689, 54 STAT. 858             

-End-



-CITE-
    50 USC APPENDIX Secs. 401 to 405                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ARMY RESERVE AND RETIRED PERSONNEL SERVICE LAW OF 1940
    ACT AUG. 27, 1940, CH. 689, 54 STAT. 858

-HEAD-
    Secs. 401 to 405. Omitted

-COD-
                               CODIFICATION                           
      Section 401, acts Aug. 27, 1940, ch. 689, Sec. 1, 54 Stat. 858;
    Aug. 18, 1941, ch. 362, Sec. 11, 55 Stat. 628, authorized for the
    period ending the later of June 30, 1942, or 6 months after the
    termination of the authority under section 352 of this Appendix the
    President to order reserve and retired personnel to active service.
    See section 471 of this Appendix.
      Section 402, act Aug. 27, 1940, ch. 689, Sec. 2, 54 Stat. 859,
    related to laws and regulations governing personnel called to
    active service.
      Section 403, acts Aug. 27, 1940, ch. 689, Sec. 3, 54 Stat. 859;
    Sept. 16, 1940, ch. 720, Sec. 8(d), (f), 54 Stat. 891; July 28,
    1942, ch. 529, Sec. 1, 56 Stat. 723; Dec. 8, 1944, ch. 548, Sec. 2,
    58 Stat. 799, related to service and health certificates and
    reemployment rights. See section 459 of this Appendix.
      Section 404, act Aug. 27, 1940, ch. 689, Sec. 4, 54 Stat. 860,
    made applicable the Soldiers' and Sailors' Civil Relief Act and
    section 101 et seq. of this Appendix. See section 501 et seq. of
    this Appendix.
      Section 405, act Aug. 27, 1940, ch. 689, Sec. 5, 54 Stat. 860,
    suspended all laws in conflict with sections 401 to 405 of this
    Appendix.


-MISC1-
            PAY OF PERSONS INDUCTED IN ERRONEOUS RANK OR GRADE        
      Act Feb. 6, 1942, ch. 42, 56 Stat. 50, related to pay of persons
    inducted in erroneous rank or grade under sections 401 to 405 of
    this Appendix.

-End-


-CITE-
    50 USC APPENDIX MILITARY SELECTIVE SERVICE ACT              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT

-HEAD-
                      MILITARY SELECTIVE SERVICE ACT                  

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 24, 1948, CH. 625, 62
      STAT. 604                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
                 ACT JUNE 24, 1948, CH. 625, 62 STAT. 604             

-MISC1-
    Sec.                                                     
    451.        Short title; Congressional declaration of policy.     
    452.        Repealed.                                             
    453.        Registration.                                         
    454.        Persons liable for training and service.              
                  (a)  Age limits; training in National Security
                        Training Corps; physical and mental fitness;
                        adequate training facilities; assignment to
                        stations and units; training period; medical
                        specialist categories.                        
                  (b)  Length of service; release of individuals
                        accepted into Army National Guard, Air
                        National Guard, and other Reserve components. 
                  (c)  Opportunity to enlist in Regular Army;
                        voluntary induction; volunteers under 18 years
                        old.                                          
                  (d)  Transfer to Reserve component; period of
                        service.                                      
                  (e)  Pay and allowances.                            
                  (f)  Additional compensation from civilian sources. 
                  (g)  Occupational deferment recommendations by
                        National Security Council.                    
                  (h)  Repealed.                                      
                  (i), (j) Omitted.                                   
                  (k)  Reduction of periods of service; establishment
                        of National Security Training Corps;
                        composition; service; pay.                    
                  (l)  Terminated.                                    
    454a to 454d. Omitted.                                            
    454e.       Volunteer service of physicians and dentists; minimum
                 period.                                              
    455.        Manner of selection of men for training and service;
                 quotas.                                              
    456.        Deferments and exemptions from training and service.  
    457.        Repealed.                                             
    458.        Bounties for induction; substitutes; purchase of
                 release.                                             
    459.        Separation from service.                              
                  (a)  Certificate recording proficiency and merit;
                        physical examination.                         
                  (b)  Right to vote; manner; poll tax.               
                  (c)  Reports on separated personnel.                
    460.        Selective Service System.                             
                  (a)  Establishment; construction; appointment of
                        Director; termination and reestablishment of
                        Office of Selective Service Records.          
                  (b)  Administrative provisions.                     
                  (c)  Delegation of President's authority.           
                  (d)  Acceptance of gifts and voluntary services.    
                  (e)  Assignment of armed forces personnel.          
                  (f)  Settlement of travel claims, etc.              
                  (g)  Reports to Congress.                           
                  (h)  Maintenance of System after institution of all
                        volunteer program for meeting manpower needs. 
    461.        Emergency medical care.                               
    462.        Offenses and penalties.                               
    463.        Nonapplicability of certain laws.                     
    464.        Repealed.                                             
    465.        Notice of requirements of Act; voluntary enlistments
                 unaffected.                                          
    466.        Definitions.                                          
    467.        Repeals; appropriations; termination date.            
    468.        Utilization of industry.                              
                  (a)  Placement of orders; Congressional action:
                        notification of committees of certain proposed
                        payment orders, resolution of disapproval,
                        continuity of session, computation of period;
                        "small business" defined.                     
                  (b)  Precedence of Government placed orders.        
                  (c)  Failure to give precedence; Government
                        possession.                                   
                  (d)  Payment of compensation by United States.      
                  (e)  Application of Federal and State laws governing
                        employees.                                    
                  (f)  Penalties.                                     
                  (g)  "Person" and "Government agency" defined.      
                  (h)  Rules and regulations governing steel industry;
                        mandatory.                                    
    469.        Savings provisions.                                   
    470.        Effective date.                                       
    471.        Authority of President to order Reserve components to
                 active service; release from active duty; retention
                 of unit organizations and equipment.                 
    471a.       Procedural rights.                                    
    472.        Period of increased service applicable to all
                 personnel.                                           
    473.        Regulations governing liquor sales; penalties.        

-End-



-CITE-
    50 USC APPENDIX Sec. 451                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 451. Short title; Congressional declaration of policy

-STATUTE-
      (a) This Act may be cited as the "Military Selective Service
    Act".
      (b) The Congress declares that an adequate armed strength must be
    achieved and maintained to insure the security of this Nation.
      (c) The Congress further declares that in a free society the
    obligations and privileges of serving in the armed forces and the
    reserve components thereof should be shared generally, in
    accordance with a system of selection which is fair and just, and
    which is consistent with the maintenance of an effective national
    economy.
      (d) The Congress further declares, in accordance with our
    traditional military policy as expressed in the National Defense
    Act of 1916, as amended, that it is essential that the strength and
    organization of the National Guard, both Ground and Air, as an
    integral part of the first line defenses of this Nation, be at all
    times maintained and assured.
      To this end, it is the intent of the Congress that whenever
    Congress shall determine that units and organizations are needed
    for the national security in excess of those of the Regular
    components of the Ground Forces and the Air Forces, and those in
    active service under this title [sections 451 to 471a of this
    Appendix], the National Guard of the United States, both Ground and
    Air, or such part thereof as may be necessary, together with such
    units of the Reserve components as are necessary for a balanced
    force, shall be ordered to active Federal service and continued
    therein so long as such necessity exists.
      (e) The Congress further declares that adequate provision for
    national security requires maximum effort in the fields of
    scientific research and development, and the fullest possible
    utilization of the Nation's technological, scientific, and other
    critical manpower resources.
      (f) The Congress further declares that the Selective Service
    System should remain administratively independent of any other
    agency, including the Department of Defense.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 1, 62 Stat. 604; June 19,
    1951, ch. 144, title I, Sec. 1(a), 65 Stat. 75; Pub. L. 90-40, Sec.
    1(1), June 30, 1967, 81 Stat. 100; Pub. L. 92-129, title I, Sec.
    101(a)(1), Sept. 28, 1971, 85 Stat. 348; Pub. L. 96-107, title
    VIII, Sec. 812, Nov. 9, 1979, 93 Stat. 816.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Military Selective Service Act, referred to in subsec. (a),
    is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, originally
    called the "Selective Service Act of 1948", renamed the "Universal
    Military Training and Service Act" by act June 19, 1951, ch. 144,
    title I, Sec. 1(a), 65 Stat. 75, then renamed the "Military
    Selective Service Act of 1967" by Pub. L. 90-40, Sec. 1(1), June
    30, 1967, 81 Stat. 100, and now designated the Military Selective
    Service Act by Pub. L. 92-129, title I, Sec. 101(a)(1), Sept. 28,
    1971, 85 Stat. 348. Act June 24, 1948 consisted of titles I and II.
    Title I of such act enacted sections 451 to 454 and 455 to 471a of
    this Appendix. Title II of such act was classified to the Articles
    of War set out in former Title 10, Army and Air Force, to sections
    61, 61a, 62a, 65, and 652a of former Title 10, and to section 180
    of former Title 14, Coast Guard. Title II of act June 24, 1948 was
    repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641.
      The National Defense Act of 1916, as amended, referred to in
    subsec. (d), is act June 3, 1916, ch. 134, 39 Stat. 166, as
    amended, which was classified generally throughout former Title 10,
    Army and Air Force. The Act was repealed by act Aug. 10, 1956, ch.
    1041, Sec. 53, 70A Stat. 641, and the provisions thereof were
    reenacted as parts of Title 10, Armed Forces, and Title 32,
    National Guard.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (f). Pub. L. 96-107 added subsec. (f).
      1971 - Subsec. (a). Pub. L. 92-129 substituted "Military
    Selective Service Act" for "Military Selective Service Act of
    1967".
      1967 - Subsec. (a). Pub. L. 90-40 substituted "Military Selective
    Service Act of 1967" for "Universal Military Training and Service
    Act".
      1951 - Subsec. (a). Act June 19, 1951, substituted "Universal
    Military Training and Service Act" for "Selective Service Act of
    1948".

                       SHORT TITLE OF 1969 AMENDMENT                   
      Pub. L. 91-124, Sec. 1, Nov. 26, 1969, 83 Stat. 220, provided:
    "That this Act [amending section 455 of this Appendix] may be cited
    as the 'Selective Service Amendment Act of 1969'."

                       SHORT TITLE OF 1955 AMENDMENT                   
      Act June 30, 1955, ch. 250, Sec. 1, 69 Stat. 223, provided: "That
    this Act [amending sections 454, 454a, 456, 467, and 2216 of this
    Appendix, and section 234 of former Title 37, Pay and Allowances]
    may be cited as the '1955 Amendments to the Universal Military
    Training and Service Act'."

                       SHORT TITLE OF 1951 AMENDMENT                   
      Section 7 of title I of act June 19, 1951, provided that: "This
    title [enacting sections 472 and 473 of this Appendix, amending
    this section and sections 452 to 454, 455, 456, 459, 460, 463, 466,
    467, and 471 of this Appendix, repealing section 457 of this
    Appendix, enacting provisions set out as notes under this section,
    and amending provisions set out as notes under section 454 of this
    Appendix and section 351 of Title 14, Coast Guard] may be cited as
    the '1951 Amendments to the Universal Military Training and Service
    Act'."

                      SHORT TITLE OF 1950 AMENDMENTS                  
      Act Sept. 9, 1950, ch. 939, 64 Stat. 826, which amended section
    454 of this Appendix, is popularly known as the "Doctors Draft
    Act".
      Act June 30, 1950, ch. 445, Sec. 4, 64 Stat. 319, provided that:
    "This Act [enacting section 471 and amending sections 460 and 467
    of this Appendix] may be cited as the 'Selective Service Extension
    Act of 1950'."

                               SEPARABILITY                           
      Section 5 of act June 19, 1951, provided that: "If any provisions
    of this Act [enacting sections 472 and 473 of this Appendix,
    amending this section, sections 452 to 454, 455, 456, 459, 460,
    463, 466, 467, and 471 of this Appendix, and section 621c of former
    Title 10, Army and Air Force, repealing section 457 of this
    Appendix, enacting provisions set out as notes under this section,
    and amending provisions set out as notes under section 454 of this
    Appendix and section 351 of Title 14, Coast Guard] or the
    application thereof to any person or circumstances is held invalid,
    the validity of the remainder of the Act and of the application of
    such provision to other persons and circumstances shall not be
    affected thereby."

    SELECTIVE SERVICE REFORM; PRESIDENTIAL PLAN, LEGISLATIVE PROPOSALS,
                                   ETC.
      Section 811 of Pub. L. 96-107 directed President to prepare and
    transmit to Congress a plan for reform of law providing for
    registration and induction of persons in the Armed Forces, along
    with proposals for implementing legislation, on the later of Jan.
    15, 1980, or the end of the three-month period beginning on Nov. 9,
    1979.

-End-



-CITE-
    50 USC APPENDIX Sec. 452                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 452. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section, acts June 24, 1948, ch. 625, title I, Sec. 2, 62 Stat.
    605; June 19, 1951, ch. 144, title I, Sec. 1(b), 65 Stat. 75,
    related to authorized personnel strength of various services.

-End-



-CITE-
    50 USC APPENDIX Sec. 453                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 453. Registration

-STATUTE-
      (a) Except as otherwise provided in this title [sections 451 to
    471a of this Appendix] it shall be the duty of every male citizen
    of the United States, and every other male person residing in the
    United States, who, on the day or days fixed for the first or any
    subsequent registration, is between the ages of eighteen and twenty-
    six, to present himself for and submit to registration at such
    time or times and place or places, and in such manner, as shall be
    determined by proclamation of the President and by rules and
    regulations prescribed hereunder. The provisions of this section
    shall not be applicable to any alien lawfully admitted to the
    United States as a nonimmigrant under section 101(a)(15) of the
    Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C.
    1101), for so long as he continues to maintain a lawful
    nonimmigrant status in the United States.
      (b) Regulations prescribed pursuant to subsection (a) may require
    that persons presenting themselves for and submitting to
    registration under this section provide, as part of such
    registration, such identifying information (including date of
    birth, address, and social security account number) as such
    regulations may prescribe.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 3, 62 Stat. 605; June 19,
    1951, ch. 144, title I, Sec. 1(c), 65 Stat. 76; Pub. L. 92-129,
    title I, Sec. 101(a)(2), Sept. 28, 1971, 85 Stat. 348; Pub. L. 97-
    86, title IX, Sec. 916(a), Dec. 1, 1981, 95 Stat. 1129.)


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-86 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1971 - Pub. L. 92-129 substituted "male person residing in the
    United States" for "male person now or hereafter in the United
    States" and inserted provision making section inapplicable to
    aliens lawfully admitted to the United States as nonimmigrants
    under section 1101(a)(15) of Title 8 for so long as they maintain
    lawful nonimmigrant status in the United States.
      1951 - Act June 19, 1951, made all male persons now or hereafter
    in the United States subject to registration.


-EXEC-
                           PROCLAMATION NO. 2799                       
      Proc. No. 2799, July 20, 1948, 13 F.R. 4173, 62 Stat. 1531, which
    related to registration, was revoked by Proc. No. 4360, Mar. 29,
    1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 2937                       
      Proc. No. 2937, Aug. 16, 1951, 16 F.R. 8263, 65 Stat. c.27, which
    related to registration in the Canal Zone, was revoked by Proc. No.
    4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 2938                       
      Proc. No. 2938, Aug. 16, 1951, 16 F.R. 8265, 65 Stat. c.30, which
    related to registration in Guam, was revoked by Proc. No. 4360,
    Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 2942                       
      Proc. No. 2942, Aug. 30, 1951, 16 F.R. 8969, 65 Stat. c.35, which
    concerned the supplementing of prior Proclamations relating to
    registration, was revoked by Proc. No. 4360, Mar. 29, 1975, 40 F.R.
    14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 2972                       
      Proc. No. 2972, Apr. 17, 1952, 17 F.R. 3473, 66 Stat. c.28, which
    related to extra registration, was revoked by Proc. No. 4360, Mar.
    29, 1975, 40 F.R. 14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 3314                       
      Proc. No. 3314, Sept. 14, 1959, 24 F.R. 7517, 73 Stat. c.78,
    which concerned the supplementing of prior Proclamations relating
    to registration, was revoked by Proc. No. 4360, Mar. 29, 1975, 40
    F.R. 14567, 89 Stat. 1255, set out below.

                           PROCLAMATION NO. 4101                       
      Proc. No. 4101, Jan. 13, 1972, 37 F.R. 659, which concerned the
    supplementing of prior Proclamations relating to registration, was
    revoked by Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat.
    1255, set out below.

          PROC. NO. 4360. TERMINATION OF REGISTRATION PROCEDURES      
      Proc. No. 4360, Mar. 29, 1975, 40 F.R. 14567, 89 Stat. 1255,
    provided:
      Under authority vested in the President by the Military Selective
    Service Act (62 Stat. 604), as amended [see References In Text note
    set out under section 451 of this Appendix], procedures have been
    established for the registration of male citizens of the United
    States and of other male persons who are subject to registration
    under section 3 of said act, as amended (85 Stat. 348) [this
    section].
      In order to evaluate an annual registration system, existing
    procedures are being terminated and will be replaced by new
    procedures which will provide for periodic registration.
      NOW, THEREFORE, I, GERALD R. FORD, President of the United States
    of America, by virtue of the authority vested in me by the
    Constitution and the statutes of the United States, including the
    Military Selective Service Act, as amended, do hereby revoke
    Proclamations No. 2799 of July 20, 1948, No. 2937 of August 16,
    1951, No. 2938 of August 16, 1951, No. 2942 of August 30, 1951, No.
    2972 of April 17, 1952, No. 3314 of September 14, 1959, and No.
    4101 of January 13, 1972; thereby terminating the present
    procedures for registration under the Military Selective Service
    Act, as amended.
      IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth
    day of March in the year of our Lord nineteen hundred seventy-five,
    and of the Independence of the United States of America the one
    hundred ninety-ninth.
                                                         Gerald R. Ford.

       PROC. NO. 4771. REGISTRATION UNDER THE SELECTIVE SERVICE ACT   
      Proc. No. 4771, July 2, 1980, 45 F.R. 45247, 94 Stat. 3775, as
    amended by Proc. No. 7275, Feb. 22, 2000, 65 F.R. 9199, provided:
      Section 3 of the Military Selective Service Act, as amended (50
    U.S.C. App. 453), provides that male citizens of the United States
    and other male persons residing in the United States who are
    between the ages of 18 and 26, except those exempted by Sections 3
    and 6(a) of the Military Selective Service Act [50 U.S.C. App. 453
    and 456(a)], must present themselves for registration at such time
    or times and place or places, and in such manner as determined by
    the President. Section 6(k) [50 U.S.C. App. 456(k)] provides that
    such exceptions shall not continue after the cause for the
    exemption ceases to exist.
      The Congress of the United States has made available the funds
    (H.J. Res. 521, approved by me on June 27, 1980 [Pub. L. 96-282,
    June 27, 1980, 93 Stat. 552]), which are needed to initiate this
    registration, beginning with those born on or after January 1,
    1960.
      NOW, THEREFORE, I, JIMMY CARTER, President of the United States
    of America, by the authority vested in me by the Military Selective
    Service Act, as amended (50 U.S.C. App. 451 et seq.), do hereby
    proclaim as follows:


-MISC2-
          1-1. PERSONS TO BE REGISTERED AND DAYS OF REGISTRATION      
      1-101. Male citizens of the United States and other males
    residing in the United States, unless exempted by the Military
    Selective Service Act, as amended, who were born on or after
    January 1, 1960, and who have attained their eighteenth birthday,
    shall present themselves for registration in the manner and at the
    time and places as hereinafter provided.
      1-102. Persons born in calendar year 1960 shall present
    themselves for registration on any of the six days beginning
    Monday, July 21, 1980.
      1-103. Persons born in calendar year 1961 shall present
    themselves for registration on any of the six days beginning
    Monday, July 28, 1980.
      1-104. Persons born in calendar year 1962 shall present
    themselves for registration on any of the six days beginning
    Monday, January 5, 1981.
      1-105. Persons born on or after January 1, 1963, shall present
    themselves for registration on the day they attain the 18th
    anniversary of their birth or on any day within the period of 60
    days beginning 30 days before such date; however, in no event shall
    such persons present themselves for registration prior to January
    5, 1981.
      1-106. Aliens who would be required to present themselves for
    registration pursuant to Sections 1-101 to 1-105, but who are in
    processing centers on the dates fixed for registration, shall
    present themselves for registration within 30 days after their
    release from such centers.
      1-107. Aliens and noncitizen nationals of the United States who
    reside in the United States, but who are absent from the United
    States on the days fixed for their registration, shall present
    themselves for registration within 30 days after their return to
    the United States.
      1-108. Aliens and noncitizen nationals of the United States who,
    on or after July 1, 1980, come into and reside in the United States
    shall present themselves for registration in accordance with
    Sections 1-101 to 1-105 or within 30 days after coming into the
    United States, whichever is later.
      1-109. Persons who would have been required to present themselves
    for registration pursuant to Sections 1-101 to 1-108 but for an
    exemption pursuant to Section 3 or 6(a) of the Military Selective
    Service Act, as amended [50 U.S.C. App. 453 or 456(a)], or but for
    some condition beyond their control such as hospitalization or
    incarceration, shall present themselves for registration within 30
    days after the cause for their exempt status ceases to exist or
    within 30 days after the termination of the condition which was
    beyond their control.

                  1-2. PLACES AND TIMES FOR REGISTRATION              
      1-201. Persons who are required to be registered and who are in
    the United States shall register at the places and by the means
    designated by the Director of Selective Service. These places and
    means may include but are not limited to any classified United
    States Post Office, the Selective Service Internet web site,
    telephonic registration, registration on approved Government forms,
    registration through high school and college registrars, and the
    Selective Service reminder mailback card.
      1-202. Citizens of the United States who are required to be
    registered and who are not in the United States, shall register via
    any of the places and methods authorized by the Director of
    Selective Service pursuant to paragraph 1-201 or present themselves
    at a United States Embassy or Consulate for registration before a
    diplomatic or consular officer of the United States or before a
    registrar duly appointed by a diplomatic or consular officer of the
    United States.
      1-203. The hours for registration in United States Post Offices
    shall be the business hours during the days of operation of the
    particular United States Post Office. The hours for registration in
    United States Embassies and Consulates shall be those prescribed by
    the United States Embassies and Consulates.

                        1-3. MANNER OF REGISTRATION                    
      1-301. Persons who are required to be registered shall comply
    with the registration procedures and other rules and regulations
    prescribed by the Director of Selective Service.
      1-302. When reporting for registration each person shall present
    for inspection reasonable evidence of his identity. After
    registration, each person shall keep the Selective Service System
    informed of his current address.
      Having proclaimed these requirements for registration, I urge
    everyone, including employers in the private and public sectors, to
    cooperate with and assist those persons who are required to be
    registered in order to ensure a timely and complete registration.
    Also, I direct the heads of Executive agencies, when requested by
    the Director of Selective Service and to the extent permitted by
    law, to cooperate and assist in carrying out the purposes of this
    Proclamation.
      IN WITNESS WHEREOF, I have hereunto set my hand this second day
    of July, in the year of our Lord nineteen hundred and eighty, and
    of the Independence of the United States of America the two hundred
    and fourth.
                                                           Jimmy Carter.

-End-



-CITE-
    50 USC APPENDIX Sec. 454                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 454. Persons liable for training and service

-STATUTE-
    (a) Age limits; training in National Security Training Corps;
      physical and mental fitness; adequate training facilities;
      assignment to stations and units; training period; medical
      specialist categories
      Except as otherwise provided in this title [sections 451 to 471a
    of this Appendix], every person required to register pursuant to
    section 3 of this title [section 453 of this Appendix] who is
    between the ages of eighteen years and six months and twenty-six
    years, at the time fixed for his registration, or who attains the
    age of eighteen years and six months after having been required to
    register pursuant to section 3 of this title [section 453 of this
    Appendix], or who is otherwise liable as provided in section 6(h)
    of this title [section 456(h) of this Appendix], shall be liable
    for training and service in the Armed Forces of the United States:
    Provided, That each registrant shall be immediately liable for
    classification and examination, and shall, as soon as practicable
    following his registration, be so classified and examined, both
    physically and mentally, in order to determine his availability for
    induction for training and service in the Armed Forces: Provided
    further, That, notwithstanding any other provision of law, any
    registrant who has failed or refused to report for induction shall
    continue to remain liable for induction and when available shall be
    immediately inducted. The President is authorized, from time to
    time, whether or not a state of war exists, to select and induct
    into the Armed Forces of the United States for training and service
    in the manner provided in this title [said sections] (including but
    not limited to selection and induction by age group or age groups)
    such number of persons as may be required to provide and maintain
    the strength of the Armed Forces.
      At such time as the period of active service in the Armed Forces
    required under this title [said sections] of persons who have not
    attained the nineteenth anniversary of the day of their birth has
    been reduced or eliminated pursuant to the provisions of section
    4(k) of this title [subsection (k) of this section], and except as
    otherwise provided in this title [said sections], every person who
    is required to register under this title [said sections] and who
    has not attained the nineteenth anniversary of the day of his birth
    on the date such period of active service is reduced or eliminated
    or who is otherwise liable as provided in section 6(h) of this
    title [section 456(h) of this Appendix], shall be liable for
    training in the National Security Training Corps: Provided, That
    persons deferred under the provisions of section 6 of this title
    [section 456 of this Appendix] shall not be relieved from liability
    for induction into the National Security Training Corps solely by
    reason of having exceeded the age of nineteen years during the
    period of such deferment. The President is authorized, from time to
    time, whether or not a state of war exists, to select and induct
    for training in the National Security Training Corps as hereinafter
    provided such number of persons as may be required to further the
    purposes of this title [said sections].
      No person shall be inducted into the Armed Forces for training
    and service or shall be inducted for training in the National
    Security Training Corps under this title [said sections] until his
    acceptability in all respects, including his physical and mental
    fitness, has been satisfactorily determined under standards
    prescribed by the Secretary of Defense: Provided, That the minimum
    standards for physical acceptability established pursuant to this
    subsection shall not be higher than those applied to persons
    inducted between the ages of 18 and 26 in January 1945: Provided
    further, That the passing requirement for the Armed Forces
    Qualification Test shall be fixed at a percentile score of 10
    points: And provided further, That except in time of war or
    national emergency declared by the Congress the standards and
    requirements fixed by the preceding two provisos may be modified by
    the President under such rules and regulations as he may prescribe.
      No persons shall be inducted for such training and service until
    adequate provision shall have been made for such shelter, sanitary
    facilities, water supplies, heating and lighting arrangements,
    medical care, and hospital accommodations for such persons as may
    be determined by the Secretary of Defense or the Secretary of
    Homeland Security to be essential to the public and personal
    health.
      The persons inducted into the Armed Forces for training and
    service under this title [said sections] shall be assigned to
    stations or units of such forces. Persons inducted into the land
    forces of the United States pursuant to this title [said sections]
    shall be deemed to be members of the Army of the United States;
    persons inducted into the naval forces of the United States
    pursuant to this title [said sections] shall be deemed to be
    members of the United States Navy or the United States Marine Corps
    or the United States Coast Guard, as appropriate; and persons
    inducted into the air forces of the United States pursuant to this
    title [said sections] shall be deemed to be members of the Air
    Force of the United States.
      Every person inducted into the Armed Forces pursuant to the
    authority of this subsection after the date of enactment of the
    1951 Amendments to the Universal Military Training and Service Act
    [June 19, 1951] shall, following his induction, be given full and
    adequate military training for service in the armed force into
    which he is inducted for a period of not less than twelve weeks,
    and no such person shall, during this twelve weeks period, be
    assigned for duty at any installation located on land outside the
    United States, its Territories and possessions (including the Canal
    Zone): Provided, That no funds appropriated by the Congress shall
    be used for the purpose of transporting or maintaining in violation
    of the provisions of this paragraph any person inducted into, or
    enlisted, appointed, or ordered to active duty in, the Armed Forces
    under the provisions of this title [said sections].
      No person, without his consent, shall be inducted for training
    and service in the Armed Forces or for training in the National
    Security Training Corps under this title [said sections], except as
    otherwise provided herein, after he has attained the twenty-sixth
    anniversary of the day of his birth.
    (b) Length of service; release of individuals accepted into Army
      National Guard, Air National Guard, and other Reserve components
      Each person inducted into the Armed Forces under the provisions
    of subsection (a) of this section shall serve on active training
    and service for a period of twenty-four consecutive months, unless
    sooner released, transferred, or discharged in accordance with
    procedures prescribed by the Secretary of Defense (or the Secretary
    of Homeland Security with respect to the United States Coast Guard)
    or as otherwise prescribed by subsection (d) of section 4 of this
    title [subsection (d) of this section]. The Secretaries of the
    Army, Navy, and Air Force, with the approval of the Secretary of
    Defense (and the Secretary of Homeland Security with respect to the
    United States Coast Guard), may provide, by regulations which shall
    be as nearly uniform as practicable, for the release from training
    and service in the armed forces prior to serving the periods
    required by this subsection of individuals who volunteered for and
    are accepted into organized units of the Army National Guard and
    Air National Guard and other reserve components.
    (c) Opportunity to enlist in Regular Army; voluntary induction;
      volunteers under 18 years old
      (1) Under the provisions of applicable laws and regulations any
    person between the ages of eighteen years and six months and twenty-
    six years shall be offered an opportunity to enlist in the regular
    army for a period of service equal to that prescribed in subsection
    (b) of this section: Provided, That, notwithstanding the provisions
    of this or any other Act, any person so enlisting shall not have
    his enlistment extended without his consent until after a
    declaration of war or national emergency by the Congress after the
    date of enactment of the 1951 Amendments to the Universal Military
    Training and Service Act [June 19, 1951].
      (2) Any enlisted member of any reserve component of the Armed
    Forces may, during the effective period of this Act, apply for a
    period of service equal to that prescribed in subsection (b) of
    this section and his application shall be accepted: Provided, That
    his services can be effectively utilized and that his physical and
    mental fitness for such service meet the standards prescribed by
    the head of the department concerned: Provided further, That active
    service performed pursuant to this section shall not prejudice his
    status as such member of such reserve component: And provided
    further, That any person who was a member of a reserve component on
    June 25, 1950, and who thereafter continued to serve satisfactorily
    in such reserve component, shall, if his application for active
    duty made pursuant to this paragraph is denied, be deferred from
    induction under this title [sections 451 to 471a of this Appendix]
    until such time as he is ordered to active duty or ceases to serve
    satisfactorily in such reserve component.
      (3) Within the limits of the quota determined under sections 5(b)
    [section 455(b) of this Appendix] for the subdivision in which he
    resides, any person, between the ages of eighteen and twenty-six,
    shall be afforded an opportunity to volunteer for induction into
    the Armed Forces of the United States for the training and service
    prescribed in subsection (b), but no person who so volunteers shall
    be inducted for such training and service so long as he is deferred
    after classification.
      (4) Within the limits of the quota determined under section 5(b)
    [section 455(b) of this Appendix] for the subdivision in which he
    resides, any person after attaining the age of seventeen shall with
    the written consent of his parents or guardian be afforded an
    opportunity to volunteer for induction into the Armed Forces of the
    United States for the training and service prescribed in subsection
    (b).
      (5) Within the limits of the quota determined under section 5(b)
    [section 455(b) of this Appendix] for the subdivision in which he
    resides, at such time as induction into the National Security
    Training Corps is authorized pursuant to the provisions of this
    title [sections 451 to 471a of this Appendix], any person after
    attaining the age of seventeen shall with the written consent of
    his parents or guardian be afforded an opportunity to volunteer for
    induction into the National Security Training Corps for the
    training prescribed in subsection (k) of section 4 of this title
    [subsection (k) of this section].
    (d) Transfer to Reserve component; period of service
      (1) Each person who hereafter and prior to the enactment of the
    1951 Amendments to the Universal Military Training and Service Act
    [June 19, 1951] is inducted, enlisted, or appointed and serves for
    a period of less than three years in one of the armed forces and
    meets the qualifications for enlistment or appointment in a reserve
    component of the armed force in which he serves, shall be
    transferred to a reserve component of such armed force, and until
    the expiration of a period of five years after such transfer, or
    until he is discharged from such reserve component, whichever
    occurs first, shall be deemed to be a member of such reserve
    component and shall be subject to such additional training and
    service as may now or hereafter be prescribed by law for such
    reserve component: Provided, That any such person who completes at
    least twenty-one months of service in the armed forces and who
    thereafter serves satisfactorily (1) on active duty in the armed
    forces under a voluntary extension for a period of at least one
    year, which extension is authorized, or (2) in an organized unit of
    any reserve component of any of the armed forces for a period of at
    least thirty-six consecutive months, shall, except in time of war
    or national emergency declared by the Congress, be relieved from
    any further liability under this subsection to serve in any reserve
    component of the armed forces of the United States, but nothing in
    this subsection shall be construed to prevent any such person,
    while in a reserve component of such forces, from being ordered or
    called to active duty in such forces.
      (2) Each person who hereafter and prior to the enactment of the
    1951 Amendments to the Universal Military Training and Service Act
    [June 19, 1951] is enlisted under the provisions of subsection (g)
    of this section and who meets the qualifications for enlistment or
    appointment in a reserve component of the armed forces shall, upon
    discharge from such enlistment under honorable conditions, be
    transferred to a reserve component of the armed forces of the
    United States and shall serve therein for a period of six years or
    until sooner discharged. Each such person shall, so long as he is a
    member of such reserve component, be liable to be ordered to active
    duty, but except in time of war or national emergency declared by
    the Congress no such person shall be ordered to active duty,
    without his consent and except as hereinafter provided, for more
    than one month in any year. In case the Secretary of the Army, the
    Secretary of the Navy, or the Secretary of the Air Force determines
    that enlistment, enrollment, or appointment in, or assignment to,
    an organized unit of a reserve component or an officers' training
    program of the armed force in which he served is available to, and
    can without undue hardship be filled by, any such person, it shall
    be the duty of such person to enlist, enroll, or accept appointment
    in, or accept assignment to, such organized unit or officers'
    training program and to serve satisfactorily therein for a period
    of four years. Any such person who fails or refuses to perform such
    duty may be ordered to active duty, without his consent, for an
    additional period of not more than twelve consecutive months. Any
    such person who enlists or accepts appointment in any such
    organized unit and serves satisfactorily therein for a period of
    four years shall, except in time of war or national emergency
    declared by the Congress, be relieved from any further liability
    under this subsection to serve in any reserve component of the
    armed forces of the United States, but nothing in this subsection
    shall be construed to prevent any such person, while in a reserve
    component of such forces, from being ordered or called to active
    duty in such forces. The Secretary of Defense is authorized to
    prescribe regulations governing the transfer of such persons within
    and between reserve components of the armed forces and determining,
    for the purpose of the requirements of the foregoing provisions of
    this paragraph, the credit to be allowed any person so transferring
    for his previous service in one or more reserve components.
      (3) Each person who, subsequent to June 19, 1951, and on or
    before August 9, 1955, is inducted, enlisted, or appointed, under
    any provision of law, in the Armed Forces, including the reserve
    components thereof, or in the National Security Training Corps
    prior to attaining the twenty-sixth anniversary of his birth, shall
    be required to serve on active training and service in the Armed
    Forces or in training in the National Security Training Corps, and
    in a reserve component, for a total period of eight years, unless
    sooner discharged on grounds of personal hardship, in accordance
    with regulations and standards prescribed by the Secretary of
    Defense (or the Secretary of Transportation with respect to the
    United States Coast Guard). Each such person, on release from
    active training and service in the Armed Forces or from training in
    the National Security Training Corps, shall, if physically and
    mentally qualified, be transferred to a reserve component of the
    Armed Forces, and shall serve therein for the remainder of the
    period which he is required to serve under this paragraph and shall
    be deemed to be a member of the reserve component during that
    period. If the Secretary of the Army, the Secretary of the Navy, or
    the Secretary of the Air Force, or the Secretary of Transportation
    with respect to the United States Coast Guard, determines that
    enlistment, enrollment, or appointment in, or assignment to, an
    organized unit of a reserve component or an officers' training
    program of the armed force in which he served is available to, and
    can, without undue personal hardship, be filled by such a person,
    that person shall enlist, enroll, or accept appointment in, or
    accept assignment to, the organized unit or officers' training
    program, and serve satisfactorily therein.
    (e) Pay and allowances
      With respect to the persons inducted for training and service
    under this title [sections 451 to 471a of this Appendix] there
    shall be paid, allowed, and extended the same pay, allowances,
    pensions, disability and death compensation, and other benefits as
    are provided by law in the case of other enlisted men of like
    grades and length of service of that component of the armed forces
    to which they are assigned. Section 3 of the Act of July 25, 1947
    (Public Law 239, Eightieth Congress), is amended by deleting
    therefrom the following: "Act of March 7, 1942 (56 Stat. 143 to
    148, ch. 166), as amended". The Act of March 7, 1942 (56 Stat. 143
    to 148), as amended, is made applicable to persons inducted into
    the armed forces pursuant to this title [said sections].
    (f) Additional compensation from civilian sources
      Notwithstanding any other provision of law, any person who is
    inducted into the armed forces under this Act and who, before being
    inducted, was receiving compensation from any person may, while
    serving under that induction, receive compensation from that
    person.
    (g) Occupational deferment recommendations by National Security
      Council
      The National Security Council shall periodically advise the
    Director of the Selective Service System and coordinate with him
    the work of such State and local volunteer advisory committees
    which the Director of Selective Service may establish, with respect
    to the identification, selection, and deferment of needed
    professional and scientific personnel and those engaged in, and
    preparing for, critical skills and other essential occupations. In
    the performance of its duties under this subsection the National
    Security Council shall consider the needs of both the Armed Forces
    and the civilian segment of the population.
    (h) Repealed. June 19, 1951, ch. 144, title I, Sec. 1(h), 65 Stat.
      80
    (i), (j) Omitted
    (k) Reduction of periods of service; establishment of National
      Security Training Corps; composition; service; pay
      (1) Upon a finding by him that such action is justified by the
    strength of the Armed Forces in the light of international
    conditions, the President, upon recommendation of the Secretary of
    Defense, is authorized, by Executive order, which shall be uniform
    in its application to all persons inducted under this title
    [sections 451 to 471a of this Appendix] but which may vary as to
    age groups, to provide for (A) decreasing periods of service under
    this title [said sections] but in no case to a lesser period of
    time than can be economically utilized, or (B) eliminating periods
    of service required under this title [said sections].
      (2) Whenever the Congress shall by concurrent resolution declare -
     
        (A) that the period of active service required of any age group
      or groups of persons inducted under this title [said sections]
      should be decreased to any period less than twenty-four months
      which may be designated in such resolution; or
        (B) that the period of active service required of any age group
      or groups of persons inducted under this title [said sections]
      should be eliminated,

    the period of active service in the Armed Forces of the age group
    or groups designated in any such resolution shall be so decreased
    or eliminated, as the case may be. Whenever the period of active
    service required under this title [said sections] of persons who
    have not attained the nineteenth anniversary of the day of their
    birth has been reduced or eliminated by the President or as a
    result of the adoption of a concurrent resolution of the Congress
    in accordance with the foregoing provisions of this section, all
    individuals then or thereafter liable for registration under this
    title [said sections] who on that date have not attained the
    nineteenth anniversary of the day of their birth and have not been
    inducted into the Armed Forces shall be liable, effective on such
    date, for induction into the National Security Training Corps as
    hereinafter established for initial military training for a period
    of six months.
      (3), (4) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
    Stat. 656.
      (5) The Commission shall, subject to the direction of the
    President, exercise general supervision over the training of the
    National Security Training Corps, which training shall be basic
    military training. The Commission shall establish such policies and
    standards with respect to the conduct of the training of members of
    the National Security Training Corps as are necessary to carry out
    the purposes of this Act. The Commission shall make adequate
    provisions for the moral and spiritual welfare of members of the
    National Security Training Corps. The Secretary of Defense shall
    designate the military departments to carry out such training. Each
    military department so designated shall carry out such military
    training in accordance with the policies and standards of the
    Commission. The military department or departments so designated to
    carry out such military training shall, subject to the approval of
    the Secretary of Defense, and subject to the policies and standards
    established by the Commission, determine the type or types of basic
    military training to be given to members of the National Security
    Training Corps.
      (6) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    656.
      (7) Not later than four months following confirmation of the
    members of the Commission, the Commission shall submit to the
    Congress legislative recommendations which shall include, but not
    be limited to - 
        (A) a broad outline for a program deemed by the Commission and
      approved by the Secretary of Defense to be appropriate to assure
      that the training carried out under the provisions of this Act
      shall be of a military nature, but nothing contained in this
      paragraph shall be construed to grant to the Commission the
      authority to prescribe the basic type or types of military
      training to be given members of the National Security Training
      Corps;
        (B) measures for the personal safety, health, welfare and
      morals of members of the National Security Training Corps;
        (C) a code of conduct, together with penalties for violation
      thereof;
        (D) measures deemed necessary to implement the policies and
      standards established under the provisions of paragraph (5) of
      this subsection; and
        (E) disability and death benefits and other benefits, and the
      obligations, duties, liabilities and responsibilities, to be
      granted to or imposed upon members of the National Security
      Training Corps.

    All legislative recommendations submitted under this paragraph
    shall be referred to the Committees on Armed Services of the two
    Houses, and each of such committees shall, not later than the
    expiration of the first period of 45 calendar days of continuous
    sessions of the Congress, following the date on which the
    recommendations provided for in this paragraph are transmitted to
    the Congress, report thereon to its House: Provided, That any bill
    or resolution reported with respect to such recommendations shall
    be privileged and may be called up by any member of either House
    but shall be subject to amendment as if it were not so privileged.
      (8) No person shall be inducted into the National Security
    Training Corps until after - 
        (A) a code of conduct, together with penalties for violation
      thereof, and measures providing for disability and death benefits
      have been enacted into law; and
        (B) such other legislative recommendations as are provided for
      in paragraph (7) shall have been considered and such
      recommendations or any portion thereof shall have been enacted
      with or without amendments into law; and
        (C) the period of service required under this title [sections
      451 to 471a of this Appendix] of persons who have not attained
      the nineteenth anniversary of the day of their birth has been
      reduced or eliminated by the President or as a result of the
      adoption of a concurrent resolution of the Congress in accordance
      with paragraph (2) of this subsection.

      (9) Six months following the commencement of induction of persons
    into the National Security Training Corps, and semiannually
    thereafter, the Commission shall submit to the Congress a
    comprehensive report describing in detail the operation of the
    National Security Training Corps, including the number of persons
    inducted therein, a list of camps and stations at which training is
    being conducted, a report on the number of deaths and injuries
    occurring during such training and the causes thereof, an estimate
    of the performance of the persons inducted therein, including an
    analysis of the disciplinary problems encountered during the
    preceding six months, the number of civilian employees of the
    Commission and the administrative costs of the Commission.
    Simultaneously, there shall be submitted to the Congress by the
    Secretary of Defense a report setting forth an estimate of the
    value of the training conducted during the preceding six months,
    the cost of the training program chargeable to the appropriations
    made to the Department of Defense, and the number of personnel of
    the Armed Forces directly engaged in the conduct of such training.
      (10) Each person inducted into the National Security Training
    Corps shall be compensated at the monthly rate of $30: Provided,
    however, That each such person, having a dependent or dependents
    shall be entitled to receive a dependency allowance equal to the
    basic allowance for housing provided for persons in pay grade E-1
    under section 403 of title 37 plus $40 so long as such person has
    in effect an allotment equal to the amount of such dependency
    allowance for the support of the dependent or dependents on whose
    account the allowance is claimed.
      (11) No person inducted into the National Security Training Corps
    shall be assigned for training at an installation located on land
    outside the continental United States, except that residents of
    Territories and possessions of the United States may be trained in
    the Territory or possession from which they were inducted.
    (l) Terminated

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 4, 62 Stat. 605; Sept. 9,
    1950, ch. 939, Sec. 1, 64 Stat. 826; Sept. 27, 1950, ch. 1059,
    Secs. 1(1)-(5), 3(a), 64 Stat. 1073; June 19, 1951, ch. 144, title
    I, Sec. 1(d)-(j), 65 Stat. 76; July 9, 1952, ch. 608, pt. VIII,
    Sec. 813, 66 Stat. 509; June 29, 1953, ch. 158, Secs. 1, 2, 6, 67
    Stat. 86, 89; June 30, 1955, ch. 250, title II, Sec. 202, 69 Stat.
    224; Aug. 9, 1955, ch. 665, Sec. 3(a), 69 Stat. 602; Aug. 10, 1956,
    ch. 1041, Secs. 22(a)-(c), 53, 70A Stat. 630, 641; Pub. L. 85-62,
    Secs. 1-3, June 27, 1957, 71 Stat. 206, 207; Pub. L. 85-564, July
    28, 1958, 72 Stat. 424; Pub. L. 85-861, Secs. 9, 36A, Sept. 2,
    1958, 72 Stat. 1556, 1569; Pub. L. 87-651, title III, Sec. 301,
    Sept. 7, 1962, 76 Stat. 524; Pub. L. 89-554, Sec. 8(a), Sept. 6,
    1966, 80 Stat. 656; Pub. L. 90-40, Sec. 1(2), June 30, 1967, 81
    Stat. 100; Pub. L. 92-129, title I, Sec. 101(a)(3)-(7), Sept. 28,
    1971, 85 Stat. 348, 349; Pub. L. 94-106, title VIII, Sec. 802(c),
    Oct. 7, 1975, 89 Stat. 537; Pub. L. 105-85, div. A, title VI, Sec.
    603(d)(5), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 107-296, title
    XVII, Sec. 1704(e)(11)(A), (B), Nov. 25, 2002, 116 Stat. 2315.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (c)(1), (2), (f), and (k)(5),
    (7)(A), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,
    known as the Military Selective Service Act. For complete
    classification of this Act to the Code, see References in Text note
    set out under section 451 of this Appendix and Tables.
      The effective period of this Act, referred to in subsec. (c)(2),
    is set out in section 467 of this Appendix.
      Section 3 of the Act of July 25, 1947 (Public Law 239, Eightieth
    Congress), referred to in subsec. (e), is section of act July 25,
    1947, ch. 327, 61 Stat. 451, which is not classified to the Code.
      Act of March 7, 1942 (56 Stat. 143 to 148), as amended, referred
    to in subsec. (e), popularly known as the Missing Persons Act, was
    classified to sections 1001 to 1018 of this Appendix. The Act was
    repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,
    and reenacted as subchapter VII of chapter 55 of Title 5,
    Government Organization and Employees, and chapter 10 of Title 37,
    Pay and Allowances of the Uniformed Services.
      Subsection (g) of this section, referred to in subsec. (d)(2),
    refers to the subsection (g) that was repealed by act June 19,
    1951, Sec. 1(h).
      The Commission, referred to in subsec. (k)(5), means the National
    Security Training Commission, which expired June 30, 1957, pursuant
    to letter of the President on Mar. 25, 1957, following the
    Commission's own recommendation for its termination.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsecs. (a), (b). Pub. L. 107-296 substituted "of
    Homeland Security" for "of Transportation" wherever appearing.
      1997 - Subsec. (k)(10). Pub. L. 105-85 substituted "shall be
    entitled to receive a dependency allowance equal to the basic
    allowance for housing provided for persons in pay grade E-1 under
    section 403 of title 37" for "as such terms are defined in the
    Career Compensation Act of 1949, shall be entitled to receive a
    dependency allowance equal to the sum of the basic allowance for
    quarters provided for persons in pay grade E-1 by section 302(f) of
    the Career Compensation Act of 1949 as amended by section 3 of the
    Dependents' Assistance Act of 1950 as may be extended or amended".
      1975 - Subsec. (a). Pub. L. 94-106 in paragraph relating to
    military training for persons inducted after June 19, 1951, for
    service in the armed force into which they were inducted,
    substituted twelve weeks for four months in two places.
      1971 - Subsec. (a). Pub. L. 92-129, Sec. 101(a)(3), (4), struck
    out provisions which had given special coverage for male aliens and
    substituted "Secretary of Transportation" for "Secretary of the
    Treasury".
      Subsec. (b). Pub. L. 92-129, Sec. 101(a)(5), substituted
    "Secretary of Transportation" for "Secretary of the Treasury".
      Subsec. (d)(1). Pub. L. 92-129, Sec. 101(a)(6), struck out
    "(except a person enlisted under subsection (g) of this section)"
    after "inducted, enlisted, or appointed".
      Subsec. (d)(3). Pub. L. 92-129, Sec. 101(a)(7), substituted
    "Secretary of Transportation" for "Secretary of the Treasury".
      1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(2)(a), inserted proviso
    that registrants failing or refusing to report for induction
    continue to remain liable for induction and to be immediately
    inducted when available.
      Subsec. (g). Pub. L. 90-40, Sec. 1(2)(b), added subsec. (g). A
    former subsec. (g), authorizing one year enlistments in the armed
    services by male persons between 18 and 19, was repealed by act
    June 19, 1951, ch. 144, Sec. 1(h), 65 Stat. 80.
      1966 - Subsec. (k)(3), (4), (6). Pub. L. 89-554 repealed pars.
    (3), (4) and (6) which established the National Security Training
    Commission, provided for its composition, tenure, pay and duties,
    and authorized appointment and pay of employees.
      1962 - Subsec. (d)(3). Pub. L. 87-651 amended par. (3) generally,
    striking out provisions which required each person inducted into
    the National Security Training Corps to serve in the Armed Forces
    or the National Security Training Corps for a total of eight years,
    unless sooner discharged because of personal hardship, and
    requiring each person covered by this subsection who is not a
    reserve, and who is qualified, upon his release from training, to
    be transferred to a reserve component to complete the service
    required by this subsection.
      1958 - Subsec. (a). Pub. L. 85-564 inserted, at end of third
    par., proviso authorizing President to modify standards fixed by
    preceding two provisos, except in war or national emergency.
      Subsec. (d)(3). Pub. L. 85-861 repealed provisions that required
    persons inducted, enlisted, or appointed, in the Armed Forces to
    serve on active training and service in the Armed Forces and in a
    reserve component for a total of six years, and inserted provisions
    requiring transfer to reserve components of persons released from
    active training and service in the Armed Forces or from training in
    the National Security Training Corps and authorizing enlistment,
    enrollment, or appointment in, or assignment to, an organized unit
    of a reserve component or an officers' training program of the
    armed force in which a person served. See section 651 of Title 10,
    Armed Forces.
      1957 - Subsec. (a). Pub. L. 85-62, Secs. 1, 9, temporarily
    inserted next to last paragraph providing that no medical, dental,
    or allied specialist shall be inducted if he applies or applied for
    appointment as a Reserve officer in one of such categories and is
    rejected on the sole ground of physical disqualification. See
    Effective and Termination Dates of 1957 Amendment note below.
      Subsec. (j). Pub. L. 85-62, Secs. 3, 9, temporarily struck out
    "as referred to in subsection (i)" after "categories of persons" at
    end of first sentence, and substituted "thirty-fifth" for "fifty-
    first" in last sentence of second par. See Effective and
    Termination Dates of 1957 Amendment note below.
      Subsec. (l). Pub. L. 85-62, Secs. 2, 9, temporarily added subsec.
    (l). See Effective and Termination Dates of 1957 Amendment note
    below.
      1956 - Subsec. (a). Act Aug. 10, 1956, Sec. 53, repealed
    provisions prohibiting assignment to duty outside the United States
    until the member of the Armed Forces has had the equivalent of four
    months of basic training, and relating to communications with
    Members of Congress. See sections 671 and 1034 of Title 10, Armed
    Forces.
      Subsec. (b). Act Aug. 10, 1956, Sec. 22(a), authorized
    Secretaries of the Army, Navy, Air Force, and Treasury, to provide
    by regulations for release from training and service in the Armed
    Forces of those individuals who are accepted into organized units
    of the Army National Guard and Air National Guard and other reserve
    components.
      Subsec. (d)(3). Act Aug. 10, 1956, Sec. 22(b), purportedly
    repealed par. (3) and amended it to provide that "Each person who
    is inducted into the National Security Training Corps shall serve
    in the armed forces or the National Security Training Corps for a
    total of eight years, unless he is sooner discharged because of
    personal hardship under regulations prescribed by the Secretary of
    Defense. Each person covered by this subsection who is not a
    Reserve, and who is qualified, shall, upon his release from
    training, be transferred to a reserve component of an armed force
    to complete the service required by this subsection." See 1958 and
    1962 Amendment notes above.
      Subsec. (f). Act Aug. 10, 1956, Sec. 53, purportedly repealed
    subsec. (f). However, section 22(c) of the act amended subsection
    to clarify authority to receive compensation. See also section 103
    of Title 10, Armed Forces.
      1955 - Subsec. (d)(3). Act Aug. 9, 1955, provided for a six-year
    term of duty for persons who are inducted, enlisted, or appointed
    after Aug. 9, 1955.
      Subsec. (i)(1). Act June 30, 1955, exempted from service persons
    who attained their thirty-fifth anniversary of their date of birth
    and who were rejected for service on the ground of physical
    disqualification, and to reduce maximum age of liability of
    induction from 51 to 46 years of age.
      1953 - Subsec. (i)(2). Act June 29, 1953, Sec. 6, in cl. "First"
    struck out "subsequent to the completion of or release from the
    program or course of instruction" after "Public Health Service";
    and, in cl. "Second", substituted "seventeen months" for "twenty-
    one months", and struck out "subsequent to the completion of or
    release from the program or course of instruction" after "Public
    Health Service".
      Subsec. (i)(4) to (7). Act June 29, 1953, Sec. 1, added pars. (4)
    to (7).
      Subsec. (j). Act June 29, 1953, Sec. 2, added third par.
      1952 - Subsec. (d)(3). Act July 9, 1952, substituted "appointed
    under any provision of law, in the Armed Forces, including the
    reserve components thereof," for "appointed in the Armed Forces".
      1951 - Subsec. (a). Act June 19, 1951, Sec. 1(d), lowered age
    limit from 19 years to 18 1/2 , provided for training in National
    Security Training Corps, lowered physical and mental standards,
    provided for a basic training period, and allowed communication
    with Members of Congress.
      Subsec. (b). Act June 19, 1951, Sec. 1(e), increased length of
    service from 21 to 24 months.
      Subsec. (c). Act June 19, 1951, Sec. 1(f), struck out short-term
    Army enlistment period and the General Classification Test, and
    established age for voluntary induction.
      Subsec. (d). Act June 19, 1951, Sec. 1(g), inserted "and prior to
    the enactment of the 1951 Amendments to the Universal Military
    Training and Service Act" after "hereafter" in pars. (1) and (2),
    and added par. (3).
      Subsec. (e). Act June 19, 1951, Sec. 1(i), inserted "6g" after
    "sections" in par. (1), and extended period of service from 21 to
    24 months.
      Subsec. (g). Act June 19, 1951, Sec. 1(h), repealed subsec. (g)
    which related to enlistments in armed service for one year by male
    persons between 18 and 19 years.
      Subsec. (h). Act June 19, 1951, Sec. 1(h), repealed subsec. (h)
    which related to permanent assignment outside continental United
    States.
      Subsec. (k). Act June 19, 1951, Sec. 1(j), added subsec. (k).
      1950 - Subsec. (a). Act Sept. 27, 1950, Sec. 1(1)-(4), inserted
    before period in third sentence of first par. "and such number of
    persons as in his judgment may be required for the United States
    Coast Guard", inserted before period in second par. "or the
    Secretary of the Treasury", inserted after "the Secretary of
    Defense" in third par. "or the Secretary of the Treasury", inserted
    after "United States Marine Corps" in fourth par. "or the United
    States Coast Guard".
      Subsec. (b). Act Sept. 27, 1950, Sec. 1(5), inserted before
    period "or the Secretary of the Treasury".
      Subsec. (c). Act Sept. 27, 1950, Sec. 3(a), added par. (4).
      Subsecs. (i), (j). Act Sept. 9, 1950, Secs. 1, 9, temporarily
    added subsecs. (i) and (j). See Termination Date of Subsection (i)
    and Former Subsection (j) note below.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section
    603(e) of Pub. L. 105-85, set out as a note under section 5561 of
    Title 5, Government Organization and Employees.

             EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT         
      Pub. L. 85-62, Sec. 9, June 27, 1957, 71 Stat. 208, as amended by
    Pub. L. 86-4, Sec. 4, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88-2,
    Sec. 4, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90-40, Sec. 4, June 30,
    1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec. 103, Sept. 28,
    1971, 85 Stat. 355, provided that: "This Act [amending this
    section, sections 454a to 456 of this Appendix, and provisions set
    out as a note under this section] takes effect July 1, 1957, and
    shall terminate July 1, 1973."

                     EFFECTIVE DATE OF 1952 AMENDMENT                 
      Section 813 of act July 9, 1952, provided that the amendment made
    by that section is effective as of June 19, 1951.

                  REPEAL OF PRIOR ACTS CONTINUING SECTION              
      Section 6 of act July 3, 1952, repealed act Apr. 14, 1952, ch.
    204, 66 Stat. 54 as amended by acts May 28, 1952, ch. 339, 66 Stat.
    96; June 14, 1952, ch. 437, 66 Stat. 137; June 30, 1952, ch. 526,
    66 Stat. 296, which continued provisions until July 3, 1952. This
    repeal shall take effect as of June 16, 1952, by section 7 of act
    July 3, 1952.

       TERMINATION DATE OF SUBSECTION (I) AND FORMER SUBSECTION (J)   
      Section 7 of act Sept. 9, 1950, as amended by acts June 19, 1951,
    Sec. 2(b); June 29, 1953, Sec. 9; and June 30, 1955, Sec. 201, and
    by Pub. L. 85-62, Sec. 8, provided that subsecs. (i) and (j) of
    this section, which were added by act Sept. 9, 1950, shall
    terminate as of June 30, 1957. See Effective and Termination Dates
    of 1957 Amendment note set out above with respect to subsec. (j) as
    reenacted and amended by Pub. L. 85-62.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-EXEC-
                         EXECUTIVE ORDER NO. 10164                     
      Ex. Ord. No. 10164, Sept. 27, 1950, 15 F.R. 6570, provided for
    extension for a period of twelve months of all enlistments in the
    United States Coast Guard, including the Coast Guard Reserve, which
    would have expired at any time after Sept. 27, 1950, and prior to
    July 9, 1951.

                         EXECUTIVE ORDER NO. 10166                     
      Ex. Ord. No. 10166, Oct. 4, 1950, 15 F.R. 6777, as amended by Ex.
    Ord. No. 10185, Dec. 1, 1950, 15 F.R. 8557, which established the
    National Advisory Committee on the Selection of Physicians,
    Dentists, and Allied Specialists, was revoked by Ex. Ord. No.
    11415, June 24, 1968, 33 F.R. 9329, formerly set out below.

    EX. ORD. NO. 10762. DELEGATION OF AUTHORITY TO SECRETARY OF DEFENSE
      Ex. Ord. No. 10762, Mar. 28, 1958, 23 F.R. 2119, provided:
      1. There is hereby delegated to the Secretary of Defense:
      (a) The authority vested in the President by section 4(l)(1) of
    the Universal Military Training and Service Act, as added by
    section 2 of the Act of June 27, 1957 (P.L. 85-62; 71 Stat. 206)
    [subsection (l)(1) of this section], to order to active duty (other
    than for training) for a period of not more than 24 consecutive
    months, with or without his consent, any member of a reserve
    component of the armed forces of the United States who is in a
    medical, dental, or allied specialist category, who has not
    attained the thirty-fifth anniversary of the date of his birth, and
    who has not performed at least one year of active duty (other than
    for training).
      (b) The authority vested in the President by section 5(c) of the
    Universal Military Training and Service Act, as added by section 5
    of the Act of June 27, 1957 (P.L. 85-62; 71 Stat. 207) [section
    455(c) of this Appendix], to prescribe regulations with respect to
    the appointment, reappointment, or promotion of any qualified
    person who (1) is liable for induction or (2) as a member of a
    reserve component is ordered to active duty as a physician or
    dentist or in an allied specialist category in the armed forces of
    the United States.
      2. Executive Order No. 10478 of August 5, 1953, as amended by
    Executive Order No. 10658 of February 15, 1956, is hereby revoked.
                                                   Dwight D. Eisenhower.

          EX. ORD. NO. 10776. DELEGATION OF PRESIDENT'S AUTHORITY      
      Ex. Ord. No. 10776, July 28, 1958, 23 F.R. 5683, provided:
      By virtue of the authority vested in me by title 3 of the United
    States Code, and as President of the United States and Commander in
    Chief of the Armed Forces, there is hereby delegated to the
    Secretary of Defense the authority (relating to the prescribing of
    rules and regulations modifying the standards and requirements with
    respect to induction of persons into the armed forces) vested in
    the President by the last proviso of section 4(a) of the Universal
    Military Training and Service Act [subsec. (a) of this section],
    added by the act of July 28, 1958 [Pub. L. 85-564]. The Secretary
    of Defense is hereby authorized to re-delegate that authority to
    any official of the Department of Defense who is required to be
    appointed by and with the advice and consent of the Senate. No
    person shall be inducted into the armed forces for training and
    service who does not meet the standards and requirements specified
    in the rules and regulations prescribed by the Secretary or his
    designee pursuant to this order.
                                                   Dwight D. Eisenhower.

                         EXECUTIVE ORDER NO. 11415                     
      Ex. Ord. No. 11415, June 24, 1968, 33 F.R. 9329, which
    established the National Advisory Committee on the Selection of
    Physicians, Dentists, and Allied Specialists and the National
    Health Resources Advisory Committee, was revoked by section 5-110
    of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out as a
    note under section 5195 of Title 42, The Public Health and Welfare.

       PROC. NO. 2906. REGISTRATION OF DOCTORS, DENTISTS AND ALLIED
                                SPECIALISTS
      Proc. No. 2906, Oct. 6, 1950, 15 F.R. 6845, 64 Stat. Pt. 2, p.
    A437, as amended Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64
    Stat. Pt. 2, p. A455, provided:
      1. Every male person who participated as a student in the Army
    specialized training program or any similar program administered by
    the Navy, or was deferred from service during World War II for the
    purpose of pursuing a course of instruction leading to education in
    a medical, dental, or allied specialist category, and has had less
    than twenty-one months of active duty in the Army, the Air Force,
    the Navy, the Marine Corps, the Coast Guard, or the Public Health
    Service subsequent to the completion of, or release from, such
    program or course of instruction (exclusive of time spent in post-
    graduate training), and who, on the day or any of the days
    hereinafter fixed for his registration (a) shall have received from
    any school, college, university, or similar institution of
    learning, one or more of the degrees of bachelor of medicine,
    doctor of medicine, doctor of dental surgery, doctor of dental
    medicine, doctor of veterinary surgery, and doctor of veterinary
    medicine, (b) is within any of the several States of the United
    States, the District of Columbia, the Territory of Alaska, the
    Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not
    a member of any reserve component of the armed forces of the United
    States, and (d) shall not have attained the fiftieth anniversary of
    the day of his birth is required to and shall on that day or any of
    those days present himself for and submit to registration before a
    duly designated registration official or selective service local
    board having jurisdiction in the area in which he has his permanent
    home or in which he may happen to be on that day or any of those
    days.
      2. The special registration of the male persons required to
    submit to registration by paragraph numbered 1 hereof shall take
    place in the several States of the United States, the District of
    Columbia, the Territories of Alaska and Hawaii, Puerto Rico, and
    the Virgin Islands between the hours of 8:00 a.m. and 5:00 p.m. on
    the day or days hereinafter designated for their registration, as
    follows:
      (a) Persons who shall have received any of the degrees above
    referred to on or before October 16, 1950, shall be registered on
    Monday, the 16th day of October, 1950.
      (b) Persons who receive any of the degrees above referred to
    after October 16, 1950, shall be registered on the day they receive
    any such degree, or within five days thereafter.
      (c) Persons who shall have received any of the degrees above
    referred to and who enter any of the several States of the United
    States, the District of Columbia, the Territory of Alaska, the
    Territory of Hawaii, Puerto Rico, or the Virgin Islands after
    October 16, 1950, shall be registered on the day of such entrance,
    or within five days thereafter.
      3. Every male person who has not had active service in the Army,
    the Air Force, the Navy, the Marine Corps, the Coast Guard, or the
    Public Health Service subsequent to September 16, 1940, and every
    male person not included in the first or the second of the
    priorities defined in section 4(i)(2) of the Selective Service Act
    of 1948, as amended [now the Military Selective Service Act,
    formerly subsec. (i)(2) of this section], who has had active
    service in the Army, the Air Force, the Navy, the Marine Corps, the
    Coast Guard, or the Public Health Service subsequent to September
    16, 1940, who on the day or any of the days hereafter fixed by the
    Director of Selective Service for his registration (a) shall have
    received from a school, college, university, or similar institution
    of learning one or more of the degrees of bachelor of medicine,
    doctor of medicine, doctor of dental surgery, doctor of dental
    medicine, doctor of veterinary surgery, and doctor of veterinary
    medicine, (b) is within any of the several States of the United
    States, the District of Columbia, the Territory of Alaska, the
    Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not
    a member of any reserve component of the armed forces of the United
    States, and (d) shall not have attained the fiftieth anniversary of
    the day of his birth is required to and shall on that day or any of
    those days present himself for and submit to registration before a
    duly designated registration official or selective service local
    board having jurisdiction in the area in which he has his permanent
    home or in which he may happen to be on that day or any of those
    days.
      4. The Director of Selective Service is hereby authorized and
    directed to fix the date or dates for the special registration
    required under paragraph numbered 3 hereof: Provided, that the date
    or dates so fixed shall be not later than January 16, 1951.
      5. The Director of Selective Service is hereby authorized to
    require special registration of, and fix the date or dates of
    registration for, all other persons who are subject to registration
    under section 4(i) of the Selective Service Act of 1948, as amended
    [subsection (i) of this section], and who are not required to
    register under or pursuant to this proclamation.
      6. All orders and directives of the Director of Selective Service
    issued pursuant to paragraph numbered 4 or paragraph numbered 5
    hereof shall be published in the Federal Register.
      7. (a) A person subject to registration under or pursuant to this
    proclamation who, because of circumstances beyond his control, is
    unable to present himself for and submit to registration during the
    hours of the day or any of the days fixed for registration shall do
    so as soon as possible after the cause for such inability ceases to
    exist.
      (b) Every person subject to registration under or pursuant to
    this proclamation who has registered in accordance with
    Proclamation No. 2799 of July 20, 1948 [formerly set out under
    section 453 of this Appendix], issued under the Selective Service
    Act of 1948, as amended, [now the Military Selective Service Act]
    and the regulations prescribed thereunder, shall, notwithstanding
    such registration, present himself for and submit to registration
    as required by or pursuant to this proclamation.
      (c) The duty of any person to present himself for and submit to
    registration in accordance with Proclamation No. 2799 of July 20,
    1948, issued under the Selective Service Act of 1948, as amended
    [now the Military Selective Service Act] and the regulations
    prescribed thereunder, shall not be affected by this proclamation.
      8. Every person subject to registration under or pursuant to this
    proclamation is required to familiarize himself with the rules and
    regulations governing such registration and to comply therewith.
      9. I call upon the Governors of each of the several States, the
    Territories of Alaska and Hawaii, Puerto Rico, and the Virgin
    Islands and the Board of Commissioners of the District of Columbia,
    and all officers and agents of the United States and all officers
    and agents of the several States, the Territories of Alaska and
    Hawaii, Puerto Rico, the Virgin Islands, and the District of
    Columbia, and political subdivisions thereof, and all local boards
    and agents thereof appointed under the provisions of title I of the
    Selective Service Act of 1948, as amended [now the Military
    Selective Service Act, sections 451 to 471a of this Appendix], or
    the regulations prescribed thereunder, to do and perform all acts
    and services necessary to accomplish effective and complete
    registration.
      10. In order that there may be full cooperation in carrying into
    effect the purposes of section 4(i) of title I of the Selective
    Service Act of 1948, as amended [now the Military Selective Service
    Act, formerly subsec. (i) of this section], I urge all employers
    and Government agencies of all kinds - Federal, State, territorial,
    and local - to give those under their charge sufficient time in
    which to fulfill the obligations of registration incumbent upon
    them under the said Act and under or pursuant to this proclamation.

               PROC. NO. 2915. EXEMPTIONS FROM REGISTRATION           
      Proc. No. 2915, Dec. 28, 1950, 15 F.R. 9419, 64 Stat. 494,
    provided:
      Proclamation No. 2906 of October 6, 1950 [set out above], be, and
    it is hereby, amended, effective as of October 6, 1950, so as to
    exempt from the force and effect thereof, until otherwise directed
    by the President by proclamation, (1) commissioned officers,
    warrant officers, pay clerks, enlisted men, and aviation cadets of
    the Regular Army, the Navy, the Air Force, the Marine Corps, the
    Coast Guard, the Coast and Geodetic Survey, and the Public Health
    Service, and (2) aliens who are residing in the United States and
    have not declared their intention of becoming citizens of the
    United States and who are also in one of the following categories:
    (a) alien students admitted under subdivision (e) of section 4 of
    the Immigration Act approved May 26, 1924, as amended [former
    section 204 of Title 8 Aliens and Nationality], (b) aliens
    recognized as diplomatic, consular, military or civilian officials
    or employees of a foreign government and members of their families,
    (c) aliens who are officials or employees of a public international
    organization recognized under the International Organizations
    Immunities Act, approved December 29, 1945 (59 Stat. 669) [22
    U.S.C. 288 et seq.], and members of their families, (d) aliens who
    have entered the United States and remain therein pursuant to the
    provisions of section 11 of the Agreement between the United
    Nations and the United States of America regarding the Headquarters
    of the United Nations, as approved in Public Law 357, 80th Congress
    (61 Stat. 756) [set out as a note under section 287 of Title 22,
    Foreign Relations and Intercourse], (e) aliens who are nationals of
    a country with which there is in effect a treaty or international
    agreement exempting its nationals from military service while they
    are within the United States, or (f) other aliens whose admission
    to the United States is for a temporary stay only: Provided, That
    such exemption shall not continue after the cause thereof shall
    cease to exist.

-End-



-CITE-
    50 USC APPENDIX Secs. 454a, 454b                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Secs. 454a, 454b. Omitted

-COD-
                               CODIFICATION                           
      Section 454a, acts Sept. 9, 1950, ch. 939, Sec. 4, 64 Stat. 828;
    June 29, 1953, ch. 158, Sec. 3, 67 Stat. 88; June 18, 1954, ch.
    307, 68 Stat. 254; June 30, 1955, ch. 250, title II, Sec. 201, 69
    Stat. 224, which provided for promotion of physicians, dentists,
    and allied specialist categories, period of service, and discharge
    and resignation of such personnel, expired on June 30, 1957. See
    sections 451 and 455 of this Appendix.
      Section 454b, act Sept. 9, 1950, ch. 939, Sec. 6, 64 Stat. 828,
    which defined "allied specialist categories" as used in sections
    454(i) and 454a of this Appendix, expired on June 30, 1957.


-MISC1-
                             TERMINATION DATE                         
      Section 7 of act Sept. 9, 1950, as amended by acts June 19, 1951,
    ch. 144, title I, Sec. 2(b), 65 Stat. 88; June 29, 1953, Sec. 9;
    June 30, 1955, Sec. 201 and by Pub. L. 85-62, Sec. 8, June 27,
    1957, 71 Stat. 208, provided that sections 454a and 454b of this
    Appendix shall terminate as of June 30, 1957.

-End-



-CITE-
    50 USC APPENDIX Secs. 454c, 454d                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Secs. 454c, 454d. Omitted

-MISC1-
      Section 454c, act June 29, 1953, ch. 158, Sec. 4, 67 Stat. 88,
    provided for release, discharge, or resignation of special
    registrants who made application therefor on or before 90th day
    after June 29, 1953.
      Section 454d, act June 29, 1953, ch. 158, Sec. 5, 67 Stat. 89,
    provided for extension of reserve commissions of certain doctors,
    dentists, and other special registrants.

-End-



-CITE-
    50 USC APPENDIX Sec. 454e                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 454e. Volunteer service of physicians and dentists; minimum
      period

-STATUTE-
      Any physician or dentist who meets the qualifications for a
    reserve commission in the respective military departments shall, so
    long as there is a need for the services of such a physician or
    dentist, be afforded an opportunity to volunteer for a period of
    active duty of not less than twenty-four months. Any physician or
    dentist who so volunteers his service, and meets the qualifications
    for a reserve commission shall be ordered to active duty for not
    less than twenty-four months, notwithstanding the grade or rank to
    which such physician or dentist is entitled under the provisions of
    the Act of September 9, 1950, as amended.

-SOURCE-
    (June 29, 1953, ch. 158, Sec. 7, 67 Stat. 89.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of September 9, 1950, as amended, referred to in text, is act
    Sept. 9, 1950, ch. 939, 64 Stat. 826, as amended. Section 7 of the
    Act, as amended (71 Stat. 208), provided that the Act, except for
    sections 3 and 5, shall terminate as of June 30, 1957. Section 3 of
    the Act amended section 202 of the National Security Act of 1947,
    by adding subsections (g) to (i) which were classified to section
    171a(g) to (i) of former Title 5 and which were later omitted from
    the Code following the codification of section 202(a) to (f) and
    (j) of the National Security Act of 1947 in Title 10, Armed Forces,
    by Pub. L. 87-651, Sept. 7, 1972, 76 Stat. 506. Section 5 of the
    Act was classified to section 234b of former Title 37, and was
    later omitted from the Code following the enactment of Title 37,
    Pay and Allowances of the Uniformed Services, by Pub. L. 87-649,
    Sept. 7, 1962, 76 Stat. 451.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Military Selective Service
    Act, title I of which comprises sections 451 to 471a of this
    Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 455                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 455. Manner of selection of men for training and service;
      quotas

-STATUTE-
      (a)(1) The selection of persons for training and service under
    section 4 [section 454 of this Appendix] shall be made in an
    impartial manner, under such rules and regulations as the President
    may prescribe, from the persons who are liable for such training
    and service and who at the time of selection are registered and
    classified, but not deferred or exempted: Provided, That in the
    selection of persons for training and service under this title
    [sections 451 to 471a of this Appendix], and in the interpretation
    and execution of the provisions of this title [said sections],
    there shall be no discrimination against any person on account of
    race or color: Provided further, That in the classification of
    registrants within the jurisdiction of any local board, the
    registrants of any particular registration may be classified, in
    the manner prescribed by and in accordance with rules and
    regulations prescribed by the President, before, together with, or
    after the registrants of any prior registration or registrations;
    and in the selection for induction of persons within the
    jurisdiction of any local board and within any particular
    classification, persons who were registered at any particular
    registration may be selected, in the manner prescribed by and in
    accordance with rules and regulations prescribed by the President,
    before, together with, or after persons who were registered at any
    prior registration or registrations: And provided further, That
    nothing herein shall be construed to prohibit the selection or
    induction of persons by age group or groups under rules and
    regulations prescribed by the President: And provided further, That
    - 
        (1) no local board shall order for induction for training and
      service in the Armed Forces of the United States any person who
      has not attained the age of nineteen unless there is not within
      the jurisdiction of such local board a sufficient number of
      persons who are deemed by such local board to be available for
      induction and who have attained the age of nineteen to enable
      such local board to meet a call for men which it has been ordered
      to furnish for induction;
        (2) no local board shall order for induction for training and
      service in the Armed Forces of the United States any person who
      has not attained the age of nineteen, if there is any person
      within the jurisdiction of such local board who (i) is as much as
      ninety days older, (ii) has not attained the age of nineteen, and
      (iii) is deemed by the local board to be available for induction;
      and
        (3) no local board shall order for induction for training and
      service in the Armed Forces of the United States an alien unless
      such alien shall have resided in the United States for one year.

      (2) Repealed. Pub. L. 91-124, Sec. 2, Nov. 26, 1969, 83 Stat.
    220.
      (b) Quotas of men to be inducted for training and service under
    this title [sections 451 to 471a of this Appendix] shall be
    determined for each State, Territory, possession, and the District
    of Columbia, and for subdivisions thereof, on the basis of the
    actual number of men in the several States, Territories,
    possessions, and the District of Columbia, and the subdivisions
    thereof, who are liable for such training and service but who are
    not deferred after classification, except that credits shall be
    given in fixing such quotas for residents of such subdivisions who
    are in the armed forces of the United States on the date fixed for
    determining such quotas. After such quotas are fixed, credits shall
    be given in filling such quotas for residents of such subdivisions
    who subsequently become members of such forces. Until the actual
    numbers necessary for determining the quotas are known, the quotas
    may be based on estimates, and subsequent adjustments therein shall
    be made when such actual numbers are known. All computations under
    this subsection shall be made in accordance with such rules and
    regulations as the President may prescribe.
      (c) Terminated
      (d) Whenever the President has provided for the selection of
    persons for training and service in accordance with random
    selection under subsection (a) of this section, calls for induction
    may be placed under such rules and regulations as he may prescribe,
    notwithstanding the provisions of subsection (b) of this section.
      (e) Notwithstanding any other provision of this Act, not more
    than 130,000 persons may be inducted into the Armed Forces under
    this Act in the fiscal year ending June 30, 1972, and not more than
    140,000 in the fiscal year ending June 30, 1973, unless a number
    greater than that authorized in this subsection for such fiscal
    year or years is authorized by a law enacted after the date of
    enactment of this subsection [Sept. 28, 1971].

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 5, 62 Stat. 608; June 19,
    1951, ch. 144, title I, Sec. 1(k), 65 Stat. 83; Pub. L. 85-62,
    Secs. 4, 5, June 27, 1957, 71 Stat. 207; Pub. L. 90-40, Sec. 1(3),
    June 30, 1967, 81 Stat. 100; Pub. L. 91-124, Sec. 2, Nov. 26, 1969,
    83 Stat. 220; Pub. L. 92-129, title I, Sec. 101(a)(8), (9), Sept.
    28, 1971, 85 Stat. 349.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.


-MISC1-
                                AMENDMENTS                            
      1971 - Subsec. (a)(1). Pub. L. 92-129, Sec. 101(a)(8), added cl.
    (3) covering induction orders for aliens residing in the United
    States for one year, to last proviso.
      Subsecs. (d), (e). Pub. L. 92-129, Sec. 101(a)(9), added subsecs.
    (d) and (e).
      1969 - Subsec. (a). Pub. L. 91-124 repealed cl. (2) which
    prohibited President from effecting any change in method of
    determining relative order of induction.
      1967 - Subsec. (a). Pub. L. 90-40 designated existing provisions
    as par. (1) and added par. (2).
      1957 - Subsec. (a). Pub. L. 85-62, Secs. 4, 9, temporarily,
    substituted third and fourth provisos for former third proviso
    "that nothing herein shall be construed to prohibit the selection
    or induction of persons by age group or groups under rules and
    regulations prescribed by the President:". See Effective and
    Termination Dates of 1957 Amendment note below.
      Subsec. (c). Pub. L. 85-62, Secs. 5, 9, temporarily added subsec.
    (c). See Effective and Termination Dates of 1957 Amendment note
    below.
      1951 - Subsec. (a). Act June 19, 1951, inserted last two
    provisos.

             EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT         
      Amendment by Pub. L. 85-62 to take effect on July 1, 1957, and
    terminate on July 1, 1973, see section 9 of Pub. L. 85-62, set out
    as a note under section 454 of this Appendix.


-EXEC-
           PROC. NO. 3945. RANDOM SELECTION FOR MILITARY SERVICE       
      Proc. No. 3945, Nov. 26, 1969, 34 F.R. 19017, 83 Stat. 972,
    provided:
      WHEREAS section 5(a)(1) of the Military Selective Service Act of
    1967, as amended (50 U.S.C. App. 455(a)(1)) [now the Military
    Selective Service Act], provides that selection of persons for
    training and service under that Act shall be made in an impartial
    manner without discrimination on account of race or color, under
    such rules and regulations as the President may prescribe; and
      WHEREAS section 5(a)(2) of that Act (50 U.S.C. App. 455(a)(2))
    limited the President's authority to prescribe rules and
    regulations by requiring, in effect, the selection of registrants
    through a method known as "oldest first"; and
      WHEREAS such section 5(a)(2) has been repealed by Public Law 91-
    124 of November 26, 1969:
      NOW, THEREFORE, I, RICHARD NIXON, President of the United States
    of America, acting under and by virtue of the authority vested in
    me by section 5(a) of the Military Selective Service Act of 1967,
    as amended, and having determined that a method of random selection
    will provide the most equitable basis for selection of registrants
    for military training and service, do hereby proclaim the
    following:
      That a random selection sequence will be established by a drawing
    to be conducted in Washington, D.C., on December 1, 1969, and will
    be applied nationwide. The random selection method will use 366
    days to represent the birthdays (month and day only) of all
    registrants who, prior to January 1, 1970, shall have attained
    their nineteenth year of age but not their twenty-sixth. The
    drawing, commencing with the first day selected and continuing
    until all 366 days are drawn, shall be accomplished impartially.
      On the day designated above, a supplemental drawing or drawings
    will be conducted to determine alphabetically the random selection
    sequence by name among registrants who have the same birthday.
      The random selection sequence obtained as described above shall
    determine the order of selection of registrants who prior to
    January 1, 1970, shall have attained their nineteenth year of age
    but not their twenty-sixth and who are not volunteers and not
    delinquents. New random selection sequences shall be established,
    in a similar manner, for registrants who attain their nineteenth
    year of age on or after January 1, 1970.
      The random sequence number determined for any registrant shall
    apply to him so long as he remains subject to induction for
    military training and service by random selection.
      IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth
    day of November, in the year of our Lord nineteen hundred and sixty-
    nine, and of the Independence of the United States of America the
    one hundred and ninety-fourth.
                                                          Richard Nixon.

-End-



-CITE-
    50 USC APPENDIX Sec. 456                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 456. Deferments and exemptions from training and service

-STATUTE-
      (a)(1) Commissioned officers, warrant officers, pay clerks,
    enlisted men, and aviation cadets of the Regular Army, the Navy,
    the Air Force, the Marine Corps, the Coast Guard, and the
    Environmental Science Services Administration; (!1) cadets, United
    States Military Academy; midshipmen, United States Naval Academy;
    cadets, United States Air Force Academy; cadets, United States
    Coast Guard Academy; midshipmen, Merchant Marine Reserve, members
    of the United States Navy Reserve; students enrolled in an officer
    procurement program at military colleges the curriculum of which is
    approved by the Secretary of Defense; members of the reserve
    components of the Armed Forces and the Coast Guard, while on active
    duty; and foreign diplomatic representatives, technical
    attache&233;s of foreign embassies and legations, consuls general,
    consuls, vice consuls and other consular agents of foreign
    countries who are not citizens of the United States, and members of
    their families, and persons in other categories to be specified by
    the President who are not citizens of the United States, shall not
    be required to be registered under section 3 [section 453 of this
    Appendix] and shall be relieved from liability for training and
    service under section 4 [section 454 of this Appendix], except that
    aliens admitted for permanent residence in the United States shall
    not be so exempted: Provided, That any alien lawfully admitted for
    permanent residence as defined in paragraph (20) of section 101(a)
    of the Immigration and Nationality Act, as amended (66 Stat. 163, 8
    U.S.C. 1101), and who by reason of occupational status is subject
    to adjustment to nonimmigrant status under paragraph (15)(A),
    (15)(E), or (15)(G) of such section 101(a) [8 U.S.C.
    1101(a)(15)(A), (E), or (G)] but who executes a waiver in
    accordance with section 247(b) of that Act [8 U.S.C. 1257(b)] of
    all rights, privileges, exemptions, and immunities which would
    otherwise accrue to him as a result of that occupational status,
    shall be subject to registration under section 3 of this Act
    [section 453 of this Appendix], but shall be deferred from
    induction for training and service for so long as such occupational
    status continues. Any person who subsequent to June 24, 1948,
    serves on active duty for a period of not less than twelve months
    in the armed forces of a nation with which the United States is
    associated in mutual defense activities as defined by the
    President, may be exempted from training and service, but not from
    registration, in accordance with regulations prescribed by the
    President, except that no such exemption shall be granted to any
    person who is a national of a country which does not grant
    reciprocal privileges to citizens of the United States: Provided,
    That any active duty performed prior to June 24, 1948, by a person
    in the armed forces of a country allied with the United States
    during World War II and with which the United States is associated
    in such mutual defense activities, shall be credited in the
    computation of such twelve-month period: Provided further, That any
    person who is in a medical, dental, or allied specialist category
    not otherwise deferred or exempted under this subsection shall be
    liable for registration and training and service until the thirty-
    fifth anniversary of the date of his birth.

      (2) Commissioned officers of the Public Health Service and
    members of the Reserve of the Public Health Service while on active
    duty and assigned to staff the various offices and bureaus of the
    Public Health Service, including the National Institutes of Health,
    or assigned to the Coast Guard, the Bureau of Prisons, Department
    of Justice, the Environmental Protection Agency, or the
    Environmental Science Services Administration (!1) or who are
    assigned to assist Indian tribes, groups, bands, or communities
    pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended
    [42 U.S.C. 2001 et seq.], shall not be required to be registered
    under section 3 [section 453 of this Appendix] and shall be
    relieved from liability for training and service under section 4
    [section 454 of this Appendix]. Notwithstanding the preceding
    sentence, commissioned officers of the Public Health Service and
    members of the Reserve of the Public Health Service who, prior to
    the enactment of this paragraph [June 30, 1967], had been detailed
    or assigned to duty other than that specified in the preceding
    sentence shall not be required to be registered under section 3
    [section 453 of this Appendix] and shall be relieved from liability
    for training and service under section 4 [section 454 of this
    Appendix].
      (b)(1) No person who served honorably on active duty between
    September 16, 1940, and the date of enactment of this title [June
    24, 1948] for a period of twelve months or more, or between
    December 7, 1941, and September 2, 1945, for a period in excess of
    ninety days, in the Army, the Air Force, the Navy, the Marine
    Corps, the Coast Guard, the Public Health Service, or the armed
    forces of any country allied with the United States in World War II
    prior to September 2, 1945, shall be liable for induction for
    training and service under this title [sections 451 to 471a of this
    Appendix], except after a declaration of war or national emergency
    made by the Congress subsequent to the date of enactment of this
    title [June 24, 1948].
      (2) No person who served honorably on active duty between
    September 16, 1940, and the date of enactment of this title [June
    24, 1948] for a period of ninety days or more but less than twelve
    months in the Army, the Air Force, the Navy, the Marine Corps, the
    Coast Guard, the Public Health Service, or the armed forces of any
    country allied with the United States in World War II prior to
    September 2, 1945, shall be liable for induction for training and
    service under this title [sections 451 to 471a of this Appendix],
    except after a declaration of war or national emergency made by the
    Congress subsequent to the date of enactment of this title [June
    24, 1948], if - 
        (A) the local board determines that he is regularly enlisted or
      commissioned in any organized unit of a reserve component of the
      armed force in which he served, provided such unit is reasonably
      accessible to such person without unduly interrupting his normal
      pursuits and activities (including attendance at a college or
      university in which he is regularly enrolled), or in a reserve
      component (other than in an organized unit) of such armed force
      in any case in which enlistment or commission in an organized
      unit of a reserve component of such armed force is not available
      to him; or
        (B) the local board determines that enlistment or commission in
      a reserve component of such armed force is not available to him
      or that he has voluntarily enlisted or accepted appointment in an
      organized unit of a reserve component of an armed force other
      than the armed force in which he served.

    Nothing in this paragraph shall be deemed to be applicable to any
    person to whom paragraph (1) of this subsection is applicable.
      (3) Except as provided in section 5(a) of this Act [section
    455(a) of this Appendix], and notwithstanding any other provision
    of this Act, no person who (A) has served honorably on active duty
    after September 16, 1940, for a period of not less than one year in
    the Army, the Air Force, the Navy, the Marine Corps, or the Coast
    Guard, or (B) subsequent to September 16, 1940, was discharged for
    the convenience of the Government after having served honorably on
    active duty for a period of not less than six months in the Army,
    the Air Force, the Navy, the Marine Corps, or the Coast Guard, or
    (C) has served for a period of not less than twenty-four months (i)
    as a commissioned officer in the Public Health Service or (ii) as a
    commissioned officer in the Coast and Geodetic Survey,(!2) shall be
    liable for induction for training and service under this Act,
    except after a declaration of war or national emergency made by the
    Congress subsequent to the date of enactment of this title [June
    24, 1948].

      (4) No person who is honorably discharged upon the completion of
    an enlistment pursuant to section 4(c) [section 454(c) of this
    Appendix] shall be liable for induction for training and service
    under this title [sections 451 to 471a of this Appendix], except
    after a declaration of war or national emergency made by the
    Congress subsequent to the date of enactment of this title [June
    24, 1948].
      (5) For the purposes of computation of the periods of active duty
    referred to in paragraphs (1), (2), or (3) of this subsection, no
    credit shall be allowed for - 
        (A) periods of active duty training performed as a member of a
      reserve component pursuant to an order or call to active duty
      solely for training purposes;
        (B) periods of active duty in which the service consisted
      solely of training under the Army specialized training program,
      the Army Air Force college training program, or any similar
      program under the jurisdiction of the Navy, Marine Corps, or
      Coast Guard;
        (C) periods of active duty as a cadet at the United States
      Military Academy or United States Coast Guard Academy, or as a
      midshipman at the United States Naval Academy, or in a
      preparatory school after nomination as a principal, alternate, or
      candidate for admission to any of such academies; or
        (D) periods of active duty in any of the armed forces while
      being processed for entry into or separation from any educational
      program or institution referred to in paragraphs (B) or (C);

      (c)(1) Persons who, on February 1, 1951, were members of
    organized units of the federally recognized National Guard, the
    federally recognized Air National Guard, the Officers' Reserve
    Corps, the Regular Army Reserve, the Air Force Reserve, the
    Enlisted Reserve Corps, the Naval Reserve, the Marine Corps
    Reserve, the Coast Guard Reserve, or the Public Health Service
    Reserve, shall, so long as they continue to be such members and
    satisfactorily participate in scheduled drills and training periods
    as prescribed by the Secretary of Defense, be exempt from training
    and service by induction under the provisions of this title
    [sections 451 to 471a of this Appendix], but shall not be exempt
    from registration unless on active duty.
      (2)(A) Any person, other than a person referred to in subsection
    (d) of this section, who - 
        (i) prior to the issuance of orders for him to report for
      induction; or
        (ii) prior to the date scheduled for his induction and pursuant
      to a proclamation by the Governor of a State to the effect that
      the authorized strength of any organized unit of the National
      Guard of that State cannot be maintained by the enlistment or
      appointment of persons who have not been issued orders to report
      for induction under this title [sections 451 to 471a of this
      Appendix]; or
        (iii) prior to the date scheduled for his induction and
      pursuant to a determination by the President that the strength of
      the Ready Reserve of the Army Reserve, Naval Reserve, Marine
      Corps Reserve, Air Force Reserve, or Coast Guard Reserve cannot
      be maintained by the enlistment or appointment of persons who
      have not been issued orders to report for induction under this
      title [sections 451 to 471a of this Appendix];

    enlists or accepts appointment, before attaining the age of 26
    years, in the Ready Reserve of any Reserve component of the Armed
    Forces, the Army National Guard, or the Air National Guard, shall
    be deferred from training and service under this title [sections
    451 to 471a of this Appendix] so long as he serves satisfactorily
    as a member of an organized unit of such Reserve or National Guard
    in accordance with section 10147 of title 10 or section 502 of
    title 32, United States Code, as the case may be, or satisfactorily
    performs such other Ready Reserve service as may be prescribed by
    the Secretary of Defense. Enlistments or appointments under
    subparagraphs (ii) and (iii) of this clause may be accepted
    notwithstanding the provisions of section 15(d) of this title
    [section 465(d) of this Appendix]. Notwithstanding the provisions
    of subsection (h) of this section, no person deferred under this
    clause who has completed six years of such satisfactory service as
    a member of the Ready Reserve or National Guard, and who during
    such service has performed active duty for training with an armed
    force for not less than twelve consecutive weeks, shall be liable
    for induction for training and service under this Act, except after
    a declaration of war or national emergency made by the Congress
    after August 9, 1955. In no event shall the number of enlistments
    or appointments made under authority of this paragraph in any
    fiscal year in any Reserve component of the Armed Forces or in the
    Army National Guard or the Air National Guard cause the personnel
    strength of such Reserve component or the Army National Guard or
    the Air National Guard, as the case may be, to exceed the personnel
    strength for which funds have been made available by the Congress
    for such fiscal year.
      (B) A person who, under any provision of law, is exempt or
    deferred from training and service under this Act by reason of
    membership in a reserve component, the Army National Guard, or the
    Air National Guard, as the case may be, shall, if he becomes a
    member of another reserve component, the Army National Guard, or
    the Air National Guard, as the case may be, continue to be exempt
    or deferred to the same extent as if he had not become a member of
    another reserve component, the Army National Guard, or the Air
    National Guard, as the case may be, so long as he continues to
    serve satisfactorily.
      (C) Except as provided in subsection (b) and the provisions of
    this subsection, no person who becomes a member of a reserve
    component after February 1, 1951, shall thereby be exempt from
    registration or training and service by induction under the
    provisions of this Act.
      (D) Notwithstanding any other provision of this Act, the
    President, under such rules and regulations as he may prescribe,
    may provide that any person enlisted or appointed after October 4,
    1961, in the Ready Reserve of any reserve component of the Armed
    Forces (other than under section 12103 of title 10, United States
    Code), the Army National Guard, or the Air National Guard, prior to
    attaining age of twenty-six years, or any person enlisted or
    appointed in the Army National Guard or the Air National Guard or
    enlisted in the Ready Reserve of any reserve component prior to
    attaining the age of eighteen years and six months and deferred
    under the prior provisions of this paragraph as amended by the Act
    of October 4, 1961, Public Law 87-378 (75 Stat. 807), or under
    section 262 of the Armed Forces Reserve Act of 1952, as amended [50
    U.S.C. 1013], who fails to serve satisfactorily during his
    obligated period of service as a member of such Ready Reserve or
    National Guard or the Ready Reserve of another reserve component or
    the National Guard of which he becomes a member, may be selected
    for training and service and inducted into the armed force of which
    such reserve component is a part, prior to the selection and
    induction of other persons liable therefor.
      (d)(1) Within such numbers as may be prescribed by the Secretary
    of Defense, any person who (A) has been or may hereafter be
    selected for enrollment or continuance in the senior division,
    Reserve Officers' Training Corps, or the Air Reserve Officers'
    Training Corps, or the Naval Reserve Officers' Training Corps, or
    the naval and Marine Corps officer candidate training program
    established by the Act of August 13, 1946 (60 Stat. 1057), as
    amended, or the Reserve officers' candidate program of the Navy, or
    the platoon leaders' class of the Marine Corps, or the officer
    procurement programs of the Coast Guard and the Coast Guard
    Reserve, or appointed an ensign, United States Navy Reserve, while
    undergoing professional training; (B) agrees, in writing, to accept
    a commission, if tendered, and to serve, subject to order of the
    Secretary of the military department having jurisdiction over him
    (or the Secretary of Homeland Security with respect to the United
    States Coast Guard), not less than two years on active duty after
    receipt of a commission; and (C) agrees to remain a member of a
    regular or reserve component until the eighth anniversary of the
    receipt of a commission in accordance with his obligation under the
    first sentence of section 651 of title 10, United States Code, or
    until the sixth anniversary of the receipt of a commission in
    accordance with his obligation under the second sentence of section
    651 of title 10, United States Code, shall be deferred from
    induction under this title [sections 451 to 471a of this Appendix]
    until after completion or termination of the course of instruction
    and so long as he continues in a regular or reserve status upon
    being commissioned, but shall not be exempt from registration. Such
    persons, except those persons who have previously completed an
    initial period of military training or an equivalent period of
    active military training and service, shall be required while
    enrolled in such programs to complete a period of training equal
    (as determined under regulations approved by the Secretary of
    Defense or the Secretary of Homeland Security with respect to the
    United States Coast Guard) in duration and type of training to an
    initial period of military training. There shall be added to the
    obligated active commissioned service of any person who has agreed
    to perform such obligatory service in return for financial
    assistance while attending a civilian college under any such
    training program a period of not to exceed one year. Except as
    provided in paragraph (5), upon the successful completion by any
    person of the required course of instruction under any program
    listed in clause (A) of the first sentence of this paragraph, such
    person shall be tendered a commission in the appropriate reserve
    component of the Armed Forces if he is otherwise qualified for such
    appointment. If, at the time of, or subsequent to, such
    appointment, the armed force in which such person is commissioned
    does not require his service on active duty in fulfillment of the
    obligation undertaken by him in compliance with clause (B) of the
    first sentence of this paragraph, such person shall be ordered to
    active duty for training with such armed force in the grade in
    which he was commissioned for a period of active duty for training
    of not more than six months (not including duty performed under
    section 10147 of title 10, United States Code), as determined by
    the Secretary of the military department concerned to be necessary
    to qualify such person for a mobilization assignment. Upon being
    commissioned and assigned to a reserve component, such person shall
    be required to serve therein, or in a reserve component of any
    other armed force in which he is later appointed, until the eighth
    anniversary of the receipt of such commission pursuant to the
    provisions of this section. So long as such person performs
    satisfactory service, as determined under regulations prescribed by
    the Secretary of Defense, he shall be deferred from training and
    service under the provisions of this Act. If such person fails to
    perform satisfactory service, and such failure is not excused under
    regulations prescribed by the Secretary of Defense, his commission
    may be revoked by the Secretary of the military department
    concerned.
      (2) In addition to the training programs enumerated in paragraph
    (1) of this subsection, and under such regulations as the Secretary
    of Defense (or the Secretary of the Treasury (!3) with respect to
    the United States Coast Guard) may approve, the Secretaries of the
    military departments and the Secretary of the Treasury (!3) are
    authorized to establish officer candidate programs leading to the
    commissioning of persons on active duty. Any person heretofore or
    hereafter enlisted in the Army Reserve, the Navy Reserve, the
    Marine Corps Reserve, the Air Force Reserve, or the Coast Guard
    Reserve who thereafter has been or may be commissioned therein upon
    graduation from an Officers' Candidate School of such Armed Force
    shall, if not ordered to active duty as a commissioned officer, be
    deferred from training and service under the provisions of this Act
    so long as he performs satisfactory service as a commissioned
    officer in an appropriate unit of the Ready Reserve, as determined
    under regulations prescribed by the Secretary of the department
    concerned. If such person fails to perform satisfactory service in
    such unit, and such failure is not excused under such regulations,
    his commission may be revoked by such Secretary.

      (3) Nothing in this subsection shall be deemed to preclude the
    President from providing, by regulations prescribed under
    subsection (h) of this section, for the deferment from training and
    service of any category or categories of students for such periods
    of time as he may deem appropriate.
      (4) Omitted.
      (5) Notwithstanding paragraph (1), upon the successful completion
    by any person of the required course of instruction under any
    Reserve Officers' Training Corps program listed in clause (A) of
    the first sentence of paragraph (1) and subject to the approval of
    the Secretary of the military department having jurisdiction over
    him, such person may, without being relieved of his obligation
    under that sentence, be tendered, and accept, a commission in the
    National Oceanic and Atmospheric Administration instead of a
    commission in the appropriate reserve component of the Armed
    Forces. If he does not serve on active duty as a commissioned
    officer of the National Oceanic and Atmospheric Administration for
    at least six years, he shall, upon discharge therefrom, be tendered
    a commission in the appropriate reserve component of the Armed
    Forces, if he is otherwise qualified for such appointment, and, in
    fulfillment of his obligation under the first sentence of paragraph
    (1), remain a member of a reserve component until the sixth
    anniversary of the receipt of his commission in the National
    Oceanic and Atmospheric Administration. While a member of a reserve
    component he may, in addition to as otherwise provided by law, be
    ordered to active duty for such period that, when added to the
    period he served on active duty as a commissioned officer of the
    National Oceanic and Atmospheric Administration, equals two years.
      (e) Fully qualified and accepted aviation cadet applicants of the
    Army, Navy, or Air Force who have signed an agreement of service
    shall, in such numbers as may be designated by the Secretary of
    Defense, be deferred, during the period covered by the agreement
    but not to exceed four months, from induction for training and
    service under this title [sections 451 to 471a of this Appendix]
    but shall not be exempt from registration.
      (f) The Vice President of the United States; the governors of the
    several States, Territories, and possessions, and all other
    officials chosen by the voters of the entire State, Territory, or
    possession; members of the legislative bodies of the United States
    and of the several States, Territories, and possessions; judges of
    the courts of record of the United States and of the several
    States, Territories, possessions, and the District of Columbia
    shall, while holding such offices, be deferred from training and
    service under this title [sections 451 to 471a of this Appendix] in
    the armed forces of the United States.
      (g)(1) Regular or duly ordained ministers of religion, as defined
    in this title [sections 451 to 471a of this Appendix], shall be
    exempt from training and service, but not from registration, under
    this title [said sections].
      (2) Students preparing for the ministry under the direction of
    recognized churches or religious organizations, who are
    satisfactorily pursuing full-time courses of instruction in
    recognized theological or divinity schools, or who are
    satisfactorily pursuing full-time courses of instruction leading to
    their entrance into recognized theological or divinity schools in
    which they have been preenrolled, shall be deferred from training
    and service, but not from registration, under this title [sections
    451 to 471a of this Appendix]. Persons who are or may be deferred
    under the provisions of this subsection shall remain liable for
    training and service in the Armed Forces under the provisions of
    section 4(a) of this Act [section 454(a) of this Appendix] until
    the thirty-fifth anniversary of the date of their birth. The
    foregoing sentence shall not be construed to prevent the exemption
    or continued deferment of such persons if otherwise exempted or
    deferrable under any other provision of this Act.
      (h) Except as otherwise provided in this subsection the President
    is authorized, under such rules and regulations as he may
    prescribe, to provide for the deferment from training and service
    in the Armed Forces of any or all categories of persons whose
    employment in industry, agriculture, or other occupations or
    employment, or whose continued service in an Office (other than an
    Office described in subsection (f)) under the United States or any
    State, territory, or possession, or the District of Columbia, or
    whose activity in study, research, or medical, dental, veterinary,
    optometric, osteopathic, scientific, pharmaceutical, chiropractic,
    chiropodial, or other endeavors is found to be necessary to the
    maintenance of the national health, safety, or interest: Provided,
    That no person within any such category shall be deferred except
    upon the basis of his individual status: Provided further, That
    persons who are or may be deferred under the provisions of this
    section shall remain liable for training and service in the Armed
    Forces under the provisions of section 4(a) of this Act [section
    454(a) of this Appendix] until the thirty-fifth anniversary of the
    date of their birth. This proviso shall not be construed to prevent
    the continued deferment of such persons if otherwise deferrable
    under any other provisions of this Act. The President is also
    authorized, under such rules and regulations as he may prescribe,
    to provide for the deferment from training and service in the Armed
    Forces (1) of any or all categories of persons in a status with
    respect to persons (other than wives alone, except in cases of
    extreme hardship) dependent upon them for support which renders
    their deferment advisable, and (2) of any or all categories of
    those persons found to be physically, mentally, or morally
    deficient or defective. For the purpose of determining whether or
    not the deferment of any person is advisable, because of his status
    with respect to persons dependent upon him for support, any
    payments of allowances which are payable by the United States to
    the dependents of persons serving in the Armed Forces of the United
    States shall be taken into consideration, but the fact that such
    payments of allowances are payable shall not be deemed conclusively
    to remove the grounds for deferment when the dependency is based
    upon financial considerations and shall not be deemed to remove the
    ground for deferment when the dependency is based upon other than
    financial considerations and cannot be eliminated by financial
    assistance to the dependents. Except as otherwise provided in this
    subsection, the President is also authorized, under such rules and
    regulations as he may prescribe, to provide for the deferment from
    training and service in the Armed Forces of any or all categories
    of persons who have children, or wives and children, with whom they
    maintain a bona fide family relationship in their homes. No
    deferment from such training and service in the Armed Forces shall
    be made in the case of any individual except upon the basis of the
    status of such individual. There shall be posted in a conspicuous
    place at the office of each local board a list setting forth the
    names and classifications of those persons who have been classified
    by such local board. The President may, in carrying out the
    provisions of this title [sections 451 to 471a of this Appendix],
    recommend criteria for the classification of persons subject to
    induction under this title [said sections], and to the extent that
    such action is determined by the President to be consistent with
    the national interest, recommend that such criteria be administered
    uniformly throughout the United States whenever practicable; except
    that no local board, appeal board, or other agency of appeal of the
    Selective Service System shall be required to postpone or defer any
    person by reason of his activity in study, research, or medical,
    dental, veterinary, optometric, osteopathic, scientific,
    pharmaceutical, chiropractic, chiropodial, or other endeavors found
    to be necessary to the maintenance of the national health, safety,
    or interest solely on the basis of any test, examination, selection
    system, class standing, or any other means conducted, sponsored,
    administered, or prepared by any agency or department of the
    Federal Government, or any private institution, corporation,
    association, partnership, or individual employed by an agency or
    department of the Federal Government.
      (i)(1) Any person who is satisfactorily pursuing a full-time
    course of instruction at a high school or similar institution of
    learning and is issued an order for induction shall, upon the facts
    being presented to the local board, have his induction postponed
    (A) until the time of his graduation therefrom, or (B) until he
    attains the twentieth anniversary of his birth, or (C) until he
    ceases satisfactorily to pursue such course of instruction,
    whichever is the earliest. Notwithstanding the preceding sentence,
    any person who attains the twentieth anniversary of his birth after
    beginning his last academic year of high school shall have his
    induction postponed until the end of that academic year if and so
    long as he continues to pursue satisfactorily a full-time course of
    instruction.
      (2) Any person who while satisfactorily pursuing a full-time
    course of instruction at a college, university, or similar
    institution is ordered to report for induction under this title
    [sections 451 to 471a of this Appendix], shall, upon the
    appropriate facts being presented to the local board, have his
    induction postponed (A) until the end of the semester or term, or
    academic year in the case of his last academic year, or (B) until
    he ceases satisfactorily to pursue such course of instruction,
    whichever is the earlier.
      (j) Nothing contained in this title [sections 451 to 471a of this
    Appendix] shall be construed to require any person to be subject to
    combatant training and service in the armed forces of the United
    States who, by reason of religious training and belief, is
    conscientiously opposed to participation in war in any form. As
    used in this subsection, the term "religious training and belief"
    does not include essentially political, sociological, or
    philosophical views, or a merely personal moral code. Any person
    claiming exemption from combatant training and service because of
    such conscientious objections whose claim is sustained by the local
    board shall, if he is inducted into the armed forces under this
    title [said sections], be assigned to noncombatant service as
    defined by the President, or shall, if he is found to be
    conscientiously opposed to participation in such noncombatant
    service, in lieu of such induction, be ordered by his local board,
    subject to such regulations as the President may prescribe, to
    perform for a period equal to the period prescribed in section 4(b)
    [section 454(b) of this Appendix] such civilian work contributing
    to the maintenance of the national health, safety, or interest as
    the Director may deem appropriate and any such person who knowingly
    fails or neglects to obey any such order from his local board shall
    be deemed, for the purposes of section 12 of this title [section
    462 of this Appendix], to have knowingly failed or neglected to
    perform a duty required of him under this title [said sections].The
    Director shall be responsible for finding civilian work for persons
    exempted from training and service under this subsection and for
    the placement of such persons in appropriate civilian work
    contributing to the maintenance of the national health, safety, or
    interest.
      (k) No exception from registration, or exemption or deferment
    from training and service, under this title [sections 451 to 471a
    of this Appendix], shall continue after the cause therefor ceases
    to exist.
      (l) Notwithstanding any other provisions of law, no person
    between the ages of eighteen and twenty-one shall be discharged
    from service in the armed forces of the United States while this
    title [sections 451 to 471a of this Appendix] is in effect because
    such person entered such service without the consent of his parent
    or guardian.
      (m) No person shall be relieved from training and service under
    this title [sections 451 to 471a of this Appendix] by reason of
    conviction of a criminal offense, except where the offense of which
    he has been convicted may be punished by death, or by imprisonment
    for a term exceeding one year.
      (n) In the case of any registrant whose principal place of
    employment is located outside the appeal board area in which the
    local board having jurisdiction over the registrant is located, any
    occupational deferment made under subsection (h) of this section
    may, within five days after such deferment is made, be submitted
    for review and decision to the appeal board having jurisdiction
    over the area in which is located the principal place of employment
    of the registrant. Such decision of the appeal board shall be final
    unless modified or changed by the President, and such decision
    shall be made public.
      (o) Except during the period of a war or a national emergency
    declared by Congress, no person may be inducted for training and
    service under this title [sections 451 to 471a of this Appendix]
    unless he volunteers for such induction - 
        (1) if the father or the mother or a brother or a sister of
      such person was killed in action or died in line of duty while
      serving in the Armed Forces after December 31, 1959, or died
      subsequent to such date as a result of injuries received or
      disease incurred in line of duty during such service, or
        (2) during any period of time in which the father or the mother
      or a brother or a sister of such person is in a captured or
      missing status as a result of such service.

    As used in this subsection, the term "brother" or "sister" means a
    brother of the whole blood or a sister of the whole blood, as the
    case may be.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 6, 62 Stat. 609; Sept. 27,
    1950, ch. 1059, Sec. 1(6), 64 Stat. 1074; June 19, 1951, ch. 144,
    title I, Sec. 1(l)-(q), 65 Stat. 83; June 30, 1955, ch. 250, title
    I, Sec. 101, 69 Stat. 223; Aug. 9, 1955, ch. 665, Sec. 3(b)-(d), 69
    Stat. 603, 604; Pub. L. 85-62, Secs. 6, 7, June 27, 1957, 71 Stat.
    208; Pub. L. 85-722, Aug. 21, 1958, 72 Stat. 711; Pub. L. 87-378,
    Sec. 1, Oct. 4, 1961, 75 Stat. 807; Pub. L. 87-536, July 18, 1962,
    76 Stat. 167; Pub. L. 88-110, Sec. 2, Sept. 3, 1963, 77 Stat. 134;
    Pub. L. 88-360, July 7, 1964, 78 Stat. 296; Pub. L. 90-40, Sec.
    1(4)-(7), June 30, 1967, 81 Stat. 100-102, 104; Pub. L. 91-604,
    Sec. 15(b)(8)(B), Dec. 31, 1970, 84 Stat. 1712; Pub. L. 92-129,
    title I, Sec. 101(a)(10)-(22), Sept. 28, 1971, 85 Stat. 349-351;
    Pub. L. 93-638, title I, Sec. 104(c), formerly Sec. 105(c), Jan. 4,
    1975, 88 Stat. 2208, renumbered Sec. 104(c), Pub. L. 100-472, title
    II, Sec. 203(a), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 94-106,
    title VIII, Sec. 802(d), Oct. 7, 1975, 89 Stat. 537; Pub. L. 96-
    584, Sec. 3(a), Dec. 23, 1980, 94 Stat. 3377; Pub. L. 98-525,
    title XV, Sec. 1531, Oct. 19, 1984, 98 Stat. 2631; Pub. L. 103-337,
    div. A, title XVI, Sec. 1677(f), Oct. 5, 1994, 108 Stat. 3020; Pub.
    L. 107-296, title XVII, Sec. 1704(e)(11)(C), Nov. 25, 2002, 116
    Stat. 2315; Pub. L. 109-163, div. A, title V, Sec. 515(g)(3)(A),
    (h), Jan. 6, 2006, 119 Stat. 3236, 3237.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 5, 1954 (68 Stat. 674), as amended, referred to in
    subsec. (a)(2), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as
    amended, which is classified generally to subchapter I (Sec. 2001
    et seq.) of chapter 22 of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Tables.
      This Act, referred to in subsecs. (a)(3), (b)(3), (c)(2)(A) to
    (D), (d)(1), (2), (g)(2), and (h), is act June 24, 1948, ch. 625,
    62 Stat. 604, as amended, known as the Military Selective Service
    Act. For complete classification of this Act to the Code, see
    References in Text note set out under section 451 of this Appendix
    and Tables.
      Section 262 of the Armed Forces Reserve Act of 1952, as amended
    [50 U.S.C. 1013], referred to in subsec. (c)(2)(D), was repealed by
    Pub. L. 88-110, Sec. 1, Sept. 3, 1963, 77 Stat. 134.
      Act of August 13, 1946 (60 Stat. 1057), as amended, referred to
    in subsec. (d)(1), is act Aug. 13, 1946, ch. 962, 60 Stat. 1057, as
    amended. The Act was repealed by section 53 of act Aug. 10, 1956,
    ch. 1041, 70A Stat. 641, section 1 of which enacted Title 10, Armed
    Forces. Provisions of the 1946 Act relating to the naval and Marine
    Corps officer candidate training program were reenacted in sections
    6903 to 6908 of Title 10. Sections 6903 to 6908 of Title 10 were
    repealed by Pub. L. 88-647, Sec. 301(17), Oct. 13, 1964, 78 Stat.
    1072, and replaced by chapters 102 and 103 of Title 10.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-163, Sec. 515(g)(3)(A),
    substituted "members of the United States Navy Reserve" for "United
    States Naval Reserves".
      Subsec. (d)(1)(A). Pub. L. 109-163, Sec. 515(h), substituted
    "United States Navy Reserve" for "United States Naval Reserve".
      Subsec. (d)(2). Pub. L. 109-163, Sec. 515(h), substituted "Navy
    Reserve" for "Naval Reserve".
      2002 - Subsec. (d)(1). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation" in two places.
      1994 - Subsec. (c)(2)(A). Pub. L. 103-337, Sec. 1677(f)(1),
    substituted "section 10147 of title 10" for "section 270 of title
    10" in concluding provisions.
      Subsec. (c)(2)(D). Pub. L. 103-337, Sec. 1677(f)(2), substituted
    "section 12103 of title 10" for "section 511(b) of title 10".
      Subsec. (d)(1). Pub. L. 103-337, Sec. 1677(f)(3), substituted
    "section 10147 of title 10" for "section 270(a) of title 10".
      1984 - Subsec. (o). Pub. L. 98-525 inserted reference to mother
    in cls. (1) and (2), exempting from induction any person whose
    mother was killed in line of duty.
      1980 - Subsec. (d)(1). Pub. L. 96-584 struck out minimum active
    duty requirement of not less than three months.
      1975 - Subsec. (a)(2). Pub. L. 93-638 inserted provision relating
    to assignment of personnel to assist Indian tribes, groups, bands
    or communities.
      Subsec. (c)(2)(A). Pub. L. 94-106, in provisions relating to
    deferment of certain persons from induction who completed six years
    of active service as members of the Ready Reserve or National
    Guard, substituted requirement of performance of active duty for
    training with an armed force for not less than twelve consecutive
    weeks during such service for requirement of performance of such
    active duty for not less than four consecutive months.
      1971 - Subsec. (a)(1). Pub. L. 92-129, Sec. 101(a)(10), (11),
    inserted proviso making subject to registration an alien lawfully
    admitted for permanent residence who by reason of occupational
    status is subject to adjustment to non-immigrant status but who
    executes a waiver of all rights, privileges, exemptions, and
    immunities which would otherwise accrue to him as a result of that
    occupational status, and granting a deferment from induction to
    such alien for so long as such occupational status continues, and
    substituted "twelve months" for "eighteen months" as the period of
    requisite service in the armed forces of a nation with which the
    United States is associated in mutual defense activities in order
    to gain an exemption from training and service.
      Subsec. (b)(3). Pub. L. 92-129, Sec. 101(a)(12), substituted
    reference to "section 5(a) of this Act [section 455(a) of this
    Appendix]" for reference to "section 4(i) of this Act [section
    454(i) of this Appendix]".
      Subsec. (b)(4). Pub. L. 92-129, Sec. 101(a)(13), struck out
    reference to section 4(g) [section 454(g) of this Appendix].
      Subsec. (d)(1). Pub. L. 92-129, Sec. 101(a)(14), substituted
    "Secretary of Transportation" for "Secretary of the Treasury" and
    "section 651 of Title 10" for "section 4(d)(3) of this Act",
    respectively.
      Subsec. (d)(5). Pub. L. 92-129, Sec. 101(a)(15), reflected
    creation of National Oceanic and Atmospheric Administration and
    transfer to such newly created Administration of former Coast and
    Geodetic Survey.
      Subsec. (g). Pub. L. 92-129, Sec. 101(a)(16), changed from an
    exemption to a deferment the status to be accorded divinity
    students, with such students to remain liable for training and
    service until their 35th birthday.
      Subsec. (h). Pub. L. 92-129, Sec. 101(a)(17), (18), struck out
    provisions formerly designated as par. (1) which had covered
    college student deferments, struck the designation "(2)" preceding
    the remaining provisions which had theretofore been designated par.
    (2), and, in such provisions, struck out reference to deferments
    for persons engaged in graduate study.
      Subsec. (i)(1). Pub. L. 92-129, Sec. 101(a)(19), substituted
    provisions allowing a postponement of induction for high school
    students for provisions creating a deferment for such students and
    inserted provisions allowing an additional postponement of
    induction until the end of the academic year for high school
    students who turn 20 during their last year of high school provided
    that they continue to pursue satisfactorily a full-time course of
    instruction.
      Subsec. (i)(2). Pub. L. 91-129, Sec. 101(a)(20), substituted
    provisions allowing a postponement of induction for college
    students for provisions creating a deferment for such students and
    struck out references to previous deferments and postponements and
    to the President's former authority to allow for student
    deferments.
      Subsec. (j). Pub. L. 92-129, Sec. 101(a)(21), substituted
    "Director" for "local board pursuant to Presidential regulations"
    and inserted sentence charging the Director with the responsibility
    for finding civilian work for persons exempted from training and
    service and for their placement in appropriate civilian work.
      Subsec. (o). Pub. L. 92-129, Sec. 101(a)(22), inserted provisions
    for an exemption from training and service during a period of time
    in which the father or a brother or sister of a person is in a
    captured or missing status and struck out provisions limiting the
    exemption from service provided under this subsection to the sole
    surviving son of the family.
      1970 - Subsec. (b)(2). Pub. L. 91-604 inserted "the Environmental
    Protection Agency," after "Department of Justice,".
      1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(5), designated existing
    provisions as par. (1), substituted "Environmental Science Services
    Administration" for "Coast and Geodetic Survey", removed
    commissioned officers, warrant officers, pay clerks, enlisted men,
    aviation cadets, and, while on active duty, members of the reserve
    component, of the Public Health Service from the list of enumerated
    personnel relieved from the registration requirement of section 453
    and the training and service requirement of section 454, added
    cadets, United States Air Force Academy, to such lists, and
    inserted proviso that a person in a medical, dental, or allied
    specialist category not otherwise deferred or exempted under
    subsec. (a) be liable for registration, training, and service until
    the thirty-fifth anniversary of the date of his birth, and added
    par. (2).
      Subsec. (c)(2)(A). Pub. L. 90-40, Sec. 1(4), gave standby
    authority to both the Governors of the individual States, in the
    case of the National Guard, and to the President, in the case of
    the other reserve components, to permit the voluntary enlistment of
    registrants into these components during the period following their
    receipt of an induction notice and the date required for their
    actual induction, provided that there had previously issued a
    proclamation that the Governor or the President is not otherwise
    able to maintain the personnel strengths of the respective
    components.
      Subsec. (h). Pub. L. 90-40, Sec. 1(6), established uniform
    criteria for all undergraduate deferments to continue only until a
    registrant receives a baccalaureate degree, fails to pursue a full-
    time course of instruction satisfactorily, or reaches the age of
    24, whichever occurs first, at which point students are required to
    be exposed to the hazards of induction in the prime age group in
    the same manner as their contemporaries who had not been provided
    student deferments, continued the President's wide latitude in
    providing deferments for graduate students in medicine, dentistry,
    or other subjects deemed essential to the national health, safety,
    or interest, continued the President's authority to prescribe areas
    of deferment based upon occupations or professions essential to the
    national interest, and called for greater uniformity in the
    administration of classification criteria for persons subject to
    induction.
      Subsec. (j). Pub. L. 90-40, Sec. 1(7), struck out provision that
    religious training and belief stem from the individual's belief in
    a relation to a Supreme Being involving duties superior to those
    arising from any human relationship, and struck out requirement for
    a hearing by the Department of Justice when there is an appeal from
    a local board decision denying conscientious objector status.
      1964 - Subsec. (o). Pub. L. 88-360 exempted sole surviving sons
    from induction in cases where the father was killed in action or in
    line of duty, permitted the sole surviving son to volunteer for
    induction, and terminated the exemption during time of war or
    national emergency thereafter declared by Congress.
      1963 - Subsec. (c)(2). Pub. L. 88-110, among other changes,
    authorized deferment of persons who prior to attaining age 26 and
    to the issuance of induction orders enlisted or accepted
    appointment in the Ready Reserve of any reserve component, Army
    National Guard, or Air National Guard, and served satisfactorily,
    exempted such persons from induction after completing 6 years
    service and who during such service performed active duty for
    training for not less than 4 consecutive months, and struck out
    provisions which deferred persons who prior to attaining 18 years
    and 6 months of age, and prior to issuance of induction orders,
    enlisted or accepted appointment in any organized unit of the
    National Guard, exempted such persons from training and service by
    reason of subsec. (h) of this section after they attained age 28,
    or who completed 8 years of service in such unit and performed
    active duty for training for not less than 3 consecutive months,
    authorized the President to accept enlistments in the Ready
    Reserve, whenever he determined its strength could not be
    maintained at a necessary level for defense, of persons who had not
    attained age 18 years and 6 months, and who had not been ordered to
    report for induction, and exempted such persons from liability
    under subsec. (h) of this section after attaining age 28 years,
    permitted volunteers to perform a period of active duty pursuant to
    section 1013 of Title 50, and exempted such persons from induction
    after serving 8 years in the Ready Reserve.
      1962 - Subsec. (d). Pub. L. 87-536 inserted "Except as provided
    in paragraph (5)," before "upon the successful completion by any
    person" and added par. (5).
      1961 - Subsec. (c)(2). Pub. L. 87-378, Sec. 1(1), included
    members of the National Guard deferred by clause (A) of this
    paragraph, or any person enlisted or appointed in the Ready Reserve
    of any reserve component other than under section 511(b) of this
    title, the Army National Guard or the Air National Guard after Oct.
    4, 1961, but prior to attaining age 26, who fail to serve
    satisfactorily as a member of their components within clause (E) of
    this paragraph, and struck out "or appointed" after "may provide
    that any person enlisted".
      Subsec. (d)(1). Pub. L. 87-378, Sec. 1(2), substituted "If, at
    the time of, or subsequent to, such appointment" for "If, at the
    time of such appointment", changed the period of active duty for
    training in grade, where the armed force in which such person is
    commissioned does not require his service on active duty, from 6
    months to a period of not less than 3 months or more than 6 months,
    not including duty performed under section 270(a) of Title 10,
    Armed Forces, as is determined to qualify such person for a
    mobilization assignment, and substituted the requirement that upon
    being commissioned and assigned to a reserve component, such person
    must serve therein, or in a reserve component of any other armed
    force in which he is later appointed, for provisions which required
    such person to be returned to inactive duty and assigned to an
    appropriate reserve unit upon completion of the required period of
    active duty for training.
      1958 - Subsec. (c)(2)(F). Pub. L. 85-722 added subpar. (F).
      1957 - Subsec. (b)(5)(E). Pub. L. 85-62, Secs. 6, 9, temporarily,
    added subpar. (E). See Effective and Termination Dates of 1957
    Amendment note below.
      Subsec. (d)(4). Pub. L. 85-62, Secs. 7, 9, added par. (4). See
    Effective and Termination Dates of 1957 Amendment note below.
      1955 - Subsec. (a). Act June 30, 1955, Sec. 101(a), exempted from
    training and service, but not from registration, those persons who
    served on active duty for not less than 18 months since June 24,
    1948 in the armed forces of a nation with which the United States
    is associated in mutual defense activities.
      Subsec. (b)(3). Act June 30, 1955, Sec. 101(b), exempted
    individuals who have served not less than one year after September
    16, 1940, or who were discharged after such date for the
    convenience of the Government and had served not less than six
    months, or who served not less than twenty-four months in the
    Public Health Service or in the Coast and Geodetic Survey.
      Subsec. (c)(2). Act Aug. 9, 1955, Sec. 3(b), exempted from
    induction persons who have completed eight years of satisfactory
    service as members of an organized unit of the National Guard, with
    a minimum of not less than three consecutive months of active duty
    for training, and added cls. (C), (D), and (E).
      Subsec. (c)(2)(A). Act June 30, 1955, Sec. 101(c), inserted
    provisions to exempt persons from liability for induction after
    attaining age 28.
      Subsec. (d)(1). Act Aug. 9, 1955, Sec. 3(c), deferred from
    induction any person who agrees to remain a member of a regular or
    reserve component until the sixth anniversary of the receipt of a
    commission, provided that all qualified graduates must be tendered
    a commission in the appropriate reserve component, and permitted
    active duty for training for a period of six months upon completion
    of which he must serve in the component in which appointed until
    the eighth anniversary of the receipt of the commission.
      Subsec. (d)(2). Act Aug. 9, 1955, Sec. 3(d), permitted deferment
    of commissioned officers who perform satisfactory service in an
    appropriate unit of the Ready Reserve.
      Subsec. (h). Act June 30, 1955, Sec. 101(d), provided that
    determination of deferment shall not be based on existence of a
    shortage or a surplus of any agricultural commodity.
      1951 - Subsec. (a). Act June 19, 1951, Sec. 1(l), exempted Naval
    reserve midshipmen attending merchant marine schools and students
    enrolled in military colleges which have approved ROTC courses from
    registration and induction.
      Subsec. (c). Act June 19, 1951, Sec. 1(m), substituted "February
    1, 1941" for "the effective date of this title" in par. (1),
    inserted "prior to the determination by the Secretary of Defense
    that adequate trained personnel are available to the National Guard
    to enable it to maintain its strength authorized by current
    appropriations, and prior to the issuance of orders for him to
    report for induction" after "six months" in par. (2)(A), and
    inserted ", paragraph (1) of this subsection" after "subsection
    (b)" in par. (2)(B).
      Subsec. (d). Act June 19, 1951, Sec. 1(n), continued deferments
    to ROTC members but increased their period of service from 2 years
    to 6 years after receiving their commission (including 2 years
    active duty or 3 years active duty if financial assistance is
    received), authorized establishment of other training programs, and
    provided for the President's deferment power.
      Subsec. (h). Act June 19, 1951, Sec. 1(o), removed the
    President's authority to defer married men who have no dependents
    other than a wife solely on a basis of such marriage unless extreme
    hardship is involved, permitted the induction of persons now
    deferred until the thirty-fifth anniversary of their birth should
    the basis for deferment terminate after their 26th birthday, and
    inserted "dental, optometric, osteopathic, and chiropractic" to
    list of endeavors which may be considered for deferment purposes.
      Subsec. (i). Act June 19, 1951, Sec. 1(p), authorized deferment
    of high school and college students in lieu of postponement of
    induction in order to give them an opportunity to enlist in the
    branch of service of their choice during such deferment period.
      Subsec. (j). Act June 19, 1951, Sec. 1(q), substituted "in lieu
    of such induction, be ordered by his local board, subject to such
    regulations as the President may prescribe, to perform for a period
    equal to the period prescribed in section 4(b) such civilian work
    contributing to the maintenance of the national health, safety, or
    interest as the local board may deem appropriate and any such
    person who knowingly fails or neglects to obey any such order from
    his local board shall be deemed, for the purposes of section 12 of
    this title, to have knowingly failed or neglected to perform a duty
    required of him under this title" for "be deferred" in third
    sentence, and "he shall in lieu of such induction be ordered by his
    local board, subject to such regulations as the President may
    prescribe, to perform for a period equal to the period prescribed
    in section 4(b) such civilian work contributing to the maintenance
    of the national health, safety, or interest as the local board may
    deem appropriate and any such person who knowingly fails or
    neglects to obey any such order from his local board shall be
    deemed, for the purposes of section 12 of this title, to have
    knowingly failed or neglected to perform a duty required of him
    under this title" for "he shall be deferred" in seventh sentence.
      1950 - Subsec. (b)(2). Act Sept. 27, 1950, struck out of subpars.
    (A) and (B) "or the Coast Guard", "(or the Coast Guard)", and "or
    in the Coast Guard" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      References to Naval Reserve, other than references to Naval
    Reserve regarding the United States Naval Reserve Retired List,
    deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109-
    163, set out as a note under section 10101 of Title 10, Armed
    Forces.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
    otherwise provided, see section 1691 of Pub. L. 103-337, set out as
    an Effective Date note under section 10001 of Title 10, Armed
    Forces.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 3(b) of Pub. L. 96-584 provided that: "The amendment made
    by subsection (a) [amending this section] shall apply only to
    persons ordered to active duty for training after the effective
    date of this Act [Dec. 23, 1980]."

             EFFECTIVE AND TERMINATION DATES OF 1957 AMENDMENT         
      Amendment by Pub. L. 85-62 to take effect on July 1, 1957, and
    terminate on July 1, 1973, see section 9 of Pub. L. 85-62, set out
    as a note under section 454 of this Appendix.

          SAVINGS PROVISION; REPEAL OF COLLEGE STUDENT DEFERMENT      
      Section 101(b) of Pub. L. 92-129 provided that: "Notwithstanding
    the repeal of section 6(h)(1) of the Military Selective Service Act
    of 1967 [subsec. (h)(1) of this section] made by subsection (a)(17)
    of this section, any person (1) who is satisfactorily pursuing a
    full-time course of instruction at a college, university, or
    similar institution of higher learning, (2) who met the academic
    requirements of a student deferment prescribed in such section
    6(h)(1), and (3) who was satisfactorily pursuing such a full-time
    course prior to the date of enactment of this Act [Sept. 28, 1971]
    and during the 1970-1971 regular academic school year shall be
    deferred from induction for training and service in the Armed
    Forces under the same terms and conditions such person would have
    been deferred under the provisions of such section 6(h)(1) had such
    provision not been repealed."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Coast Guard transferred to Department of Transportation, and
    functions, powers, and duties relating to Coast Guard of Secretary
    of the Treasury and of all other officers and offices of Department
    of the Treasury transferred to Secretary of Transportation by Pub.
    L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section
    6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding
    such transfer of functions, Coast Guard shall operate as part of
    Navy in time of war or when President directs as provided in
    section 3 of Title 14, Coast Guard. See section 108 of Title 49,
    Transportation.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Treasury, with certain exceptions, to
    Secretary of the Treasury with power to delegate, see Reorg. Plan
    No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, 1281, set out in the Appendix to Title 5, Government
    Organization and Employees. Functions of Coast Guard, and
    Commandant of Coast Guard, excepted from transfer when Coast Guard
    is operating as part of Navy under sections 1 and 3 of Title 14,
    Coast Guard.
      Environmental Science Services Administration in Department of
    Commerce, including offices of Administrator and Deputy
    Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff.
    Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix
    to Title 5, Government Organization and Employees, which created
    National Oceanic and Atmospheric Administration in Department of
    Commerce and transferred personnel, property, records, and
    unexpended balances of funds of Environmental Science Services
    Administration to such newly created National Oceanic and
    Atmospheric Administration. Components of Environmental Science
    Services Administration thus transferred included Weather Bureau
    [now National Weather Service], Coast and Geodetic Survey [now
    National Ocean Survey], Environmental Data Service, National
    Environmental Satellite Center, and ESSA Research Laboratories.
      In order to implement the provisions of Reorganization Plan No. 4
    of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the
    following organizational names appearing in chapter IX of subtitle
    B of Title 15, Code of Federal Regulations, which covers
    administration of National Oceanic and Atmospheric Administration,
    were changed by order of Acting Associate Administrator, 35 F.R.
    19249, Dec. 19, 1970, as follows: Environmental Science Services
    Administration to National Oceanic and Atmospheric Administration
    (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey;
    and Weather Bureau to National Weather Service.
      Coast and Geodetic Survey consolidated with National Weather
    Bureau in 1965 to form Environmental Science Services
    Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
    F.R. 8819, 79 Stat. 1318. Environmental Science Services
    Administration abolished in 1970 and its personnel, property,
    records, etc., transferred to National Oceanic and Atmospheric
    Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
    F.R. 15627, 84 Stat. 2090. By order of Acting Associate
    Administrator of National Oceanic and Atmospheric Administration,
    35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey
    redesignated National Ocean Survey. See notes set out under section
    311 of Title 15, Commerce and Trade.
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government
    Organization and Employees. Secretary of Health, Education, and
    Welfare redesignated Secretary of Health and Human Services by
    section 3508(b) of Title 20, Education.

                          DELEGATION OF FUNCTIONS                      
      Functions of President delegated to Director of Selective Service
    concerning establishment, implementation, and administration of
    program for return of Vietnam era draft evaders and military
    deserters, see Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299,
    set out under section 462 of this Appendix.


-MISC3-
                        DISCHARGE OF SURVIVING SONS                    
      Section 101(d) of Pub. L. 92-129 provided that:
      "(1) Subject to the provisions of paragraph (2) of this
    subsection any surviving son or sons of a family who (A) were
    inducted into the Armed Forces under the Military Selective Service
    Act of 1967 [see References in Text note set out under section 451
    of this Appendix], (B) have not reenlisted or otherwise voluntarily
    extended their period of active duty in the Armed Forces, and (C)
    are serving on active duty with the Armed Forces on or after the
    date of enactment of this subsection [Sept. 28, 1971], and such son
    or sons could not, if they were not in the Armed Forces, be
    involuntarily inducted into military service under the Military
    Selective Service Act as a result of the amendment made by
    paragraph (22) of subsection (a) of this section [amending subsec.
    (o) of this section], such surviving son or sons shall, upon
    application, be promptly discharged from the Armed Forces.
      "(2) The provisions of paragraph (1) of this subsection shall not
    apply in the case of any member of the Armed Forces against whom
    court-martial charges are pending, or in the case of any member who
    has been tried and convicted by a court-martial for an offense and
    whose case is being reviewed or appealed, or in the case of any
    member who has been tried and convicted by a court-martial for an
    offense and who is serving a sentence (or otherwise satisfying
    punishment) imposed by such court-martial, until final action
    (including completion of any punishment imposed pursuant to such
    court-martial) has been completed with respect to such charges,
    review, or appeal, or until the sentence has been served (or until
    any other punishment imposed has been satisfied), as the case may
    be. The President shall have authority to implement the provisions
    of this subsection by regulations.
      "(3) Notwithstanding the amendment made by paragraph (22) of
    subsection (a) of this section [amending subsec. (o) of this
    section], except during the period of a war or a national emergency
    declared by Congress, the sole surviving son of any family in which
    the father or one or more sons or daughters thereof were killed in
    action before January 1, 1960, or died in line of duty before
    January 1, 1960, while serving in the Armed Forces of the United
    States, or died subsequent to such date as a result of injuries
    received or disease incurred before such date during such service
    shall not be inducted under the Military Selective Service Act [see
    References in Text note set out under section 451 of this Appendix]
    unless he volunteers for induction."

                          PRIOR OBLIGATED SERVICE                      
      Section 5 of Pub. L. 88-110 provided that: "This Act [amending
    subsec. (c)(2) of this section, section 463(a) of this Appendix and
    sections 270(b) and 511 [now 12103] of Title 10, Armed Forces, and
    repealing section 1013 of Title 50, War and National Defense] shall
    not affect any term of obligated service incurred before the
    effective date of this Act [Sept. 3, 1963]. In addition, the
    enactment of this Act [Sept. 3, 1963] shall not increase the
    minimum period of active duty or active duty for training that is
    required on the day before the effective date of this Act to earn
    an exemption from training and service under the Universal Military
    Training and Service Act, as amended (50 U.S.C. App. 451 et seq.),
    in the case of persons who entered the Armed Forces before the
    effective date of this Act."


-EXEC-
       PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND MILITARY
                                 DESERTERS
      Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, set
    out under section 462 of this Appendix, provided for a program for
    return of Vietnam era draft evaders and military deserters.

                         EXECUTIVE ORDER NO. 11803                     
      Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, set out under
    section 462 of this Appendix, provided for review by Clemency Board
    of convictions of violations under subsec. (j) of this section.

        EX. ORD. NO. 10028. DEFINITION OF NONCOMBATANT SERVICE AND
                           NONCOMBATANT TRAINING
      Ex. Ord. No. 10028, Jan. 13, 1949, 14 F.R. 211, provided:
      1. The term "noncombatant service" shall mean (a) service in any
    unit of the armed forces which is unarmed at all times; (b) service
    in the medical department of any of the armed forces, wherever
    performed; or (c) any other assignment the primary function of
    which does not require the use of arms in combat; provided that
    such other assignment is acceptable to the individual concerned and
    does not require him to bear arms or to be trained in their use.
      2. The term "noncombatant training" shall mean any training which
    is not concerned with the study, use, or handling of arms or
    weapons.
                                                         Harry S Truman.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.

    (!2) See Transfer of Functions note below.

    (!3) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 457                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 457. Repealed. June 19, 1951, ch. 144, Sec. 1(r), 65 Stat. 86

-MISC1-
      Section, act June 24, 1948, ch. 625, title I, Sec. 7, 62 Stat.
    614, related to active duty for certain members of reserve
    components.

-End-



-CITE-
    50 USC APPENDIX Sec. 458                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 458. Bounties for induction; substitutes; purchase of release

-STATUTE-
      No bounty may be paid to induce any person to be inducted into an
    armed force. A clothing allowance authorized by law is not a bounty
    for the purposes of this section. No person liable for training and
    service under this Act may furnish a substitute for that training
    or service. No person may be enlisted, inducted, or appointed in an
    armed force as a substitute for another. No person liable for
    training and service under section 4 [section 454 of this Appendix]
    may escape that training and service or be discharged before the
    end of his period of training and service by paying money or any
    other valuable thing as consideration for his release from that
    training and service or liability therefor.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 8, 62 Stat. 614; Aug. 10,
    1956, ch. 1041, Sec. 22(d), 70A Stat. 630.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 24, 1948, ch. 625, 62
    Stat. 604, as amended, known as the Military Selective Service Act.
    For complete classification of this Act to the Code, see References
    in Text note set out under section 451 of this Appendix and Tables.

-COD-
                               CODIFICATION                           
      Section 8 of act June 24, 1948, 62 Stat. 614, cited as a credit
    to this section, was repealed by act Aug. 10, 1956, ch. 1041, Sec.
    53, 70A Stat. 641, 678, and provisions thereof (as applicable to
    induction) were restated in this section by section 22(d) of act
    Aug. 10, 1956. Provisions of such section 8 (less applicability to
    induction) were restated by first section of act Aug. 10, 1956, as
    section 514 of Title 10, Armed Forces.


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 10, 1956, struck out provisions which prohibited
    payment of any bounty to induce any person to enlist into Armed
    Forces. See section 514 of Title 10, Armed Forces.

-End-



-CITE-
    50 USC APPENDIX Sec. 459                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 459. Separation from service

-STATUTE-
    (a) Certificate recording proficiency and merit; physical
      examination
      Any person inducted into the armed forces under this title
    [sections 451 to 471a of this Appendix] for training and service,
    who, in the judgment of those in authority over him, satisfactorily
    completes his period of training and service under section 4(b)
    [section 454(b) of this Appendix] shall be entitled to a
    certificate to that effect upon the completion of such period of
    training and service, which shall include a record of any special
    proficiency or merit attained. In addition, each such person who is
    inducted into the armed forces under this title [said sections] for
    training and service shall be given a physical examination at the
    beginning of such training and service, and upon the completion of
    his period of training and service under this title [said
    sections], each such person shall be given another physical
    examination and, upon his written request, shall be given a
    statement of physical condition by the Secretary concerned:
    Provided, That such statement shall not contain any reference to
    mental or other conditions which in the judgment of the Secretary
    concerned would prove injurious to the physical or mental health of
    the person to whom it pertains: Provided further, That, if upon
    completion of training and service under this title [said
    sections], such person continues on active duty without an
    interruption of more than seventy-two hours as a member of the
    Armed Forces of the United States, a physical examination upon
    completion of such training and service shall not be required
    unless it is requested by such person, or the medical authorities
    of the Armed Force concerned determine that the physical
    examination is warranted.
    (b) Right to vote; manner; poll tax
      Any person inducted into the armed forces for training and
    service under this title [sections 451 to 471a of this Appendix]
    shall, during the period of such service, be permitted to vote in
    person or by absentee ballot in any general, special, or primary
    election occurring in the State of which he is a resident, whether
    he is within or outside such State at the time of such election, if
    under the laws of such State he is otherwise entitled so to vote in
    such election; but nothing in this subsection shall be construed to
    require granting to any such person a leave of absence or furlough
    for longer than one day in order to permit him to vote in person in
    any such election. No person inducted into, or enlisted in, the
    armed forces for training and service under this title [said
    sections] shall, during the period of such service, as a condition
    of voting in any election for President, Vice President, electors
    for President or Vice President, or for Senator or Member of the
    House of Representatives, be required to pay any poll tax or other
    tax or make any other payment to any State or political subdivision
    thereof.
    (c) Reports on separated personnel
      The Secretary of a military department, and the Secretary of
    Homeland Security with respect to the Coast Guard, shall furnish to
    the Selective Service System hereafter established a report of
    separation for each person separated from active duty.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 9, 62 Stat. 614; Sept. 27,
    1950, ch. 1059, Sec. 1(7)-(10), 64 Stat. 1074; June 19, 1951, ch.
    144, title I, Sec. 1(s), 65 Stat. 86; July 12, 1955, ch. 327, 69
    Stat. 295; July 9, 1956, ch. 523, Sec. 1, 70 Stat. 509; Pub. L. 86-
    632, Sec. 1, July 12, 1960, 74 Stat. 467; Pub. L. 87-391, Oct. 4,
    1961, 75 Stat. 821; Pub. L. 90-491, Sec. 1, Aug. 17, 1968, 82 Stat.
    790; Pub. L. 92-129, title I, Sec. 101(a)(23), Sept. 28, 1971, 85
    Stat. 351; Pub. L. 93-508, title IV, Sec. 405, Dec. 3, 1974, 88
    Stat. 1600; Pub. L. 107-296, title XVII, Sec. 1704(e)(11)(D), Nov.
    25, 2002, 116 Stat. 2315.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-296 substituted "Secretary of a
    military department, and the Secretary of Homeland Security with
    respect to the Coast Guard," for "Secretaries of Army, Navy, Air
    Force, or Transportation".
      1974 - Subsecs. (b), (c). Pub. L. 93-508, Sec. 405(1), (2),
    redesignated subsecs. (i) and (j) as (b) and (c), respectively.
    Former subsecs. (b) and (c), relating to reemployment rights and
    consideration of training and service in the armed forces as
    furlough or leave of absence, were struck out. See section 2021 et
    seq. of Title 38, Veterans' Benefits.
      Subsecs. (d) to (h). Pub. L. 93-508, Sec. 405(1), repealed
    subsecs. (d) to (h) relating to jurisdiction of district courts to
    enforce compliance with the reemployment provisions, legal
    assistance by United States attorneys to claimants of reemployment
    benefits, reemployment by Federal Government, priority of rights to
    reemployment, and reemployment benefits to persons enlisting or
    called to active duty. See section 2021 et seq. of Title 38,
    Veterans' Benefits.
      Subsecs. (i), (j). Pub. L. 93-508, Sec. 405(2), redesignated
    subsecs. (i) and (j) as (b) and (c), respectively.
      1971 - Subsec. (j). Pub. L. 92-129 substituted "or
    Transportation" for "or Treasury".
      1968 - Subsec. (c)(3). Pub. L. 90-491, Sec. 1(1), added par. (3).
      Subsec. (d). Pub. L. 90-491, Sec. 1(2), included cases where any
    private employer fails or refuses to comply with provisions of
    subsec. (c)(3) of this section.
      Subsec. (g)(1). Pub. L. 90-491, Sec. 1(3), substituted "does not
    exceed five years, provided that the service in excess of four
    years after August 1, 1961, is at the request and for the
    convenience of the Federal Government" for "does not exceed four
    years".
      Subsec. (g)(2). Pub. L. 90-491, Sec. 1(4), designated existing
    provisions as par. (A) and added par. (B).
      1961 - Subsec. (g)(1). Pub. L. 87-391 permitted four years
    service after Aug. 1, 1961, in addition to four years service
    between June 24, 1948, and Aug. 1, 1961, without loss of
    reemployment rights.
      Subsec. (g)(2). Pub. L. 87-391 permitted four years service after
    Aug. 1, 1961, in addition to four years service between June 24,
    1948, and Aug. 1, 1961, without loss of reemployment rights.
      Subsec. (g)(4). Pub. L. 87-391 struck out requirement that
    persons who are rejected for military service must have requested a
    leave of absence from their employers for purpose of determining
    their physical fitness to enter Armed Forces in order to insure
    reemployment rights.
      Subsec. (g)(5), (6). Pub. L. 87-391 added par. (5) and
    redesignated former par. (5) as (6).
      1960 - Subsec. (g)(2). Pub. L. 86-632, Sec. 1(1), inserted "and
    other than for training" after "physical fitness" in parenthetical
    phrase.
      Subsec. (g)(3). Pub. L. 86-632, Sec. 1(2), substituted the
    existing reemployment provisions for provisions granting a leave of
    absence to perform training duty or to be examined to determine
    fitness to enter the armed forces and requiring application for
    reinstatement to be made within thirty days following release from
    training duty or rejection for service.
      Subsec. (g)(4), (5). Pub. L. 86-632, Sec. 1(3), added pars. (4)
    and (5).
      1956 - Subsec. (d). Act July 9, 1956, inserted reference to
    subsection (g) of this section.
      1955 - Subsec. (a). Act July 12, 1955, inserted proviso removing
    requirement for a final physical examination for inductees who
    continue on active duty in another status in the Armed Forces.
      1951 - Subsec. (g). Act June 19, 1951, clarified reemployment
    rights with respect to restoration to a position of like seniority,
    status, and pay.
      1950 - Subsec. (g)(1). Act Sept. 27, 1950, Sec. 1(7), struck out
    "or the Coast Guard (other than a reserve component)" and "or the
    Coast Guard" after "(other than in a reserve component)".
      Subsec. (g)(2). Act Sept. 27, 1950, Sec. 1(8), struck out ", the
    Coast Guard" after "United States".
      Subsec. (h). Act Sept. 27, 1950, Sec. 1(9), struck out ", the
    Coast Guard" after "United States".
      Subsec. (j). Act Sept. 27, 1950, Sec. 1(10), struck out "or"
    after "Navy" and inserted ", or Treasury" after "Air Force".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section
    503 of Pub. L. 93-508, set out as a note under section 3452 of
    Title 38, Veterans' Benefits.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Section 3 of Pub. L. 86-632 provided that: "This Act [amending
    this section and section 1013 of Title 50, War and National
    Defense] shall take effect upon the expiration of sixty days from
    the date of its enactment [July 12, 1960]."

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Section 2 of act July 9, 1956, provided that: "The amendment made
    by the first section of this Act [amending this section] shall take
    effect as of June 19, 1951."

-End-



-CITE-
    50 USC APPENDIX Sec. 460                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 460. Selective Service System

-STATUTE-
    (a) Establishment; construction; appointment of Director;
      termination and reestablishment of Office of Selective Service
      Records
      (1) There is established in the executive branch of the
    Government an agency to be known as the Selective Service System,
    and a Director of Selective Service who shall be the head thereof.
      (2) The Selective Service System shall include a national
    headquarters, at least one State headquarters in each State,
    Territory, and possession of the United States, and in the District
    of Columbia, and the local boards, appeal boards, and other
    agencies provided for in subsection (b)(3) of this section.
      (3) The Director shall be appointed by the President, by and with
    the advice and consent of the Senate.
      (4) The functions of the Office of Selective Service Records
    (established by the Act of March 31, 1947 [sections 321 to 329 of
    this Appendix]) and of the Director of the Office of Selective
    Service Records are transferred to the Selective Service System and
    the Director of Selective Service, respectively. The personnel,
    property, records, and unexpended balances (available or to be made
    available) of appropriations, allocations, and other funds of the
    Office of Selective Service Records are transferred to the
    Selective Service System. The Office of Selective Service Records
    shall cease to exist upon the taking effect of the provisions of
    this title [sections 451 to 471a of this Appendix]: Provided, That,
    effective upon the termination of this title [said sections] and
    notwithstanding such termination in other respects, (A) the said
    Office of Selective Service Records is reestablished on the same
    basis and with the same functions as obtained prior to the
    effective date of this title [June 24, 1948], (B) said
    reestablished Office shall be responsible for liquidating any other
    outstanding affairs of the Selective Service System, and (C) the
    personnel, property, records, and unexpended balances (available or
    to be made available) of appropriations, allocations, and other
    funds of the Selective Service System shall be transferred to such
    reestablished Office of Selective Service Records.
    (b) Administrative provisions
      The President is authorized to undertake the following:
        (1) To prescribe the necessary rules and regulations to carry
      out the provisions of this title [sections 451 to 471a of this
      Appendix].
        (2) To appoint, upon recommendation of the respective governor
      or comparable executive official, a State director of the
      Selective Service System for each headquarters in each State,
      Territory, and possession of the United States and for the
      District of Columbia, who shall represent the governor and be in
      immediate charge of the state headquarters of the Selective
      Service System: Provided, That no State director shall serve
      concurrently in an elected or appointed position of a State or
      local government; to employ such number of civilians, and,
      subject to subsection (e), to order to active duty with their
      consent and to assign to the Selective Service System such
      officers of the selective-service section of the State
      headquarters and headquarters detachments and such other officers
      of the federally recognized National Guard of the United States
      or other armed forces personnel (including personnel of the
      reserve components thereof), as may be necessary for the
      administration of the national and of the several State
      headquarters of the Selective Service System.
        (3) To create and establish within the Selective Service System
      civilian local boards, civilian appeal boards, and such other
      civilian agencies, including agencies of appeal, as may be
      necessary to carry out its functions with respect to the
      registration, examination, classification, selection, assignment,
      delivery for induction, and maintenance of records of persons
      registered under this title [sections 451 to 471a of this
      Appendix], together with such other duties as may be assigned
      under this title [said sections]: Provided, That no person shall
      be disqualified from serving as a counselor to registrants,
      including service as Government appeal agent, because of his
      membership in a Reserve component of the Armed Forces. He shall
      create and establish one or more local boards in each county or
      political subdivision corresponding thereto of each State,
      territory, and possession of the United States, and in the
      District of Columbia. The local board and/or its staff shall
      perform their official duties only within the county or political
      subdivision corresponding thereto for which the local board is
      established, or in the case of an intercounty board, within the
      area for which such board is established, except that the staffs
      of local boards in more than one county of a State or comparable
      jurisdiction may be collocated or one staff may serve local
      boards in more than one county of a State or comparable
      jurisdiction when such action is approved by the Governor or
      comparable executive official or officials. Each local board
      shall consist of three or more members to be appointed by the
      President from recommendations made by the respective Governors
      or comparable executive officials. In making such appointments
      after the date of the enactment of the Act enacting this sentence
      [Sept. 28, 1971], the President is requested to appoint the
      membership of each local board so that to the maximum extent
      practicable it is proportionately representative of the race and
      national origin of those registrants within its jurisdiction, but
      no action by any local board shall be declared invalid on the
      ground that any board failed to conform to any particular quota
      as to race or national origin. No citizen shall be denied
      membership on any local board or appeal board on account of sex.
      After December 31, 1971, no person shall serve on any local board
      or appeal board who has served on any local board or appeal board
      for a period of more than 20 years. Notwithstanding any other
      provision of this paragraph, an intercounty local board
      consisting of at least one member from each component county or
      corresponding subdivision may, with the approval of the Governor
      or comparable executive official or officials, be established for
      an area not exceeding five counties or political subdivisions
      corresponding thereto within a State or comparable jurisdiction
      when the President determines, after considering the public
      interest involved, that the establishment of such local board
      area will result in a more efficient and economical operation.
      Any such intercounty local board shall have within its area the
      same power and jurisdiction as a local board has in its area. A
      local board may include among its members any citizen otherwise
      qualified under Presidential regulations, provided he is at least
      eighteen years of age. No member of any local board shall be a
      member of the Armed Forces of the United States, but each member
      of any local board shall be a civilian who is a citizen of the
      United States residing in the county or political subdivision
      corresponding thereto in which such local board has jurisdiction,
      and each intercounty local board shall have at least one member
      from each county or political subdivision corresponding thereto
      included within the intercounty local board area. Such local
      boards, or separate panels thereof each consisting of three or
      more members, shall, under rules and regulations prescribed by
      the President, have the power within the respective jurisdictions
      of such local boards to hear and determine, subject to the right
      of appeal to the appeal boards herein authorized, all questions
      or claims with respect to inclusion for, or exemption or
      deferment from, training and service under this title [said
      sections], of all individuals within the jurisdiction of such
      local boards. The decisions of such local board shall be final,
      except where an appeal is authorized and is taken in accordance
      with such rules and regulations as the President may prescribe.
      There shall be not less than one appeal board located within the
      area of each Federal judicial district in the United States and
      within each Territory and possession of the United States, and
      such additional separate panels thereof, as may be prescribed by
      the President. Appeal boards within the Selective Service System
      shall be composed of civilians who are citizens of the United
      States and who are not members of the armed forces. The decision
      of such appeal boards shall be final in cases before them on
      appeal unless modified or changed by the President. The
      President, upon appeal or upon his own motion, shall have power
      to determine all claims or questions with respect to inclusion
      for, or exemption or deferment from training and service under
      this title [said sections], and the determination of the
      President shall be final. No judicial review shall be made of the
      classification or processing of any registrant by local boards,
      appeal boards, or the President, except as a defense to a
      criminal prosecution instituted under section 12 of this title
      [section 462 of this Appendix], after the registrant has
      responded either affirmatively or negatively to an order to
      report for induction or for civilian work in the case of a
      registrant determined to be opposed to participation in war in
      any form: Provided, That such review shall go to the question of
      the jurisdiction herein reserved to local boards, appeal boards,
      and the President only when there is no basis in fact for the
      classification assigned to such registrant. No person who is a
      civilian officer, member, agent, or employee of the Office of
      Selective Service Records or the Selective Service System, or of
      any local board or appeal board or other agency of such Officer
      or system, shall be excepted from registration or deferred or
      exempted from training and service, as provided for in this title
      [said sections], by reason of his status as such civilian
      officer, member, agent, or employee.
        (4) To appoint, and to fix, in accordance with the provisions
      of chapter 51 and subchapter III of chapter 53 of title 5, United
      States Code, relating to classification and General Schedule pay
      rates, the basic pay of such officers, agents, and employees as
      he may deem necessary to carry out the provisions of this title
      [sections 451 to 471a of this Appendix], however, any officer of
      the armed forces or any officer or employee of any department or
      agency of the United States who may be assigned or detailed to
      any office or position to carry out the provisions of this title
      [said sections] (except to offices or positions on local boards
      or appeal boards established or created pursuant to section
      10(b)(3) [subsection (b)(3) of this section]) may serve in and
      perform the functions of such office or position without loss of
      or prejudice to his status as such officer in the armed forces or
      as such officer or employee in any department or agency of the
      United States.
        (5) To utilize the services of any or all departments and any
      and all officers or agents of the United States, and to accept
      the services of all officers and agents of the several States,
      Territories, and possessions, and subdivisions thereof, and the
      District of Columbia, and of private welfare organizations, in
      the execution of this title [sections 451 to 471a of this
      Appendix].
        (6) To purchase such printing, binding, and blank-book work
      from public, commercial, or private printing establishments or
      binderies upon orders placed by the Public Printer or upon
      waivers issued in accordance with section 12 of the Printing Act
      approved January 12, 1895, as amended [44 U.S.C. 504], and to
      obtain by purchase, loan, or gift such equipment and supplies for
      the Selective Service System, as he may deem necessary to carry
      out the provisions of this title [sections 451 to 471a of this
      Appendix], with or without advertising or formal contract.
        (7) To prescribe eligibility, rules, and regulations governing
      the release for service in the armed forces, or for any other
      special service established pursuant to this title [sections 451
      to 471a of this Appendix], of any person convicted of a violation
      of any of the provisions of this title [said sections].
        (8) Subject to the availability of funds appropriated for such
      purpose, to procure such space as he may deem necessary to carry
      out the provisions of this title [sections 451 to 471a of this
      Appendix] and the Act of March 31, 1947 (50 U.S.C. App. 321 et
      seq.).
        (9) Subject to the availability of funds appropriated for such
      purposes, to determine the location of such additional temporary
      installations as he may deem essential; to utilize and enlarge
      such existing installations; to construct, install, and equip,
      and to complete the construction, installation, and equipment of
      such buildings, structures, utilities, and appurtenances
      (including the necessary grading and removal, repair or
      remodeling of existing structures and installations), as may be
      necessary to carry out the provisions of this title [sections 451
      to 471a of this Appendix]; and, in order to accomplish the
      purpose of this title [said sections], to acquire lands, and
      rights pertaining thereto, or other interests therein, for
      temporary use thereof, by donation or lease, and to prosecute
      construction thereon prior to the approval of the title [said
      sections] by the Attorney General as required by sections 3111
      and 3112 of title 40.
        (10) Subject to the availability of funds appropriated for such
      purposes, to utilize, in order to provide and furnish such
      services as may be deemed necessary or expedient to accomplish
      the purposes of this title [sections 451 to 471a of this
      Appendix], such personnel of the armed forces and of Reserve
      components thereof with their consent, and such civilian
      personnel, as may be necessary. For the purposes of this title
      [said sections], the provisions of section 14 of the Federal
      Employees' Pay Act of 1946 (Public Law 390, Seventy-ninth
      Congress) with respect to the maximum limitations as to the
      number of civilian employees shall not be applicable to the
      Department of the Army, the Department of the Navy, or the
      Department of the Air Force.
    (c) Delegation of President's authority
      The President is authorized to delegate any authority vested in
    him under this title [sections 451 to 471a of this Appendix], and
    to provide for the subdelegation of any such authority.
    (d) Acceptance of gifts and voluntary services
      In the administration of this title [sections 451 to 471a of this
    Appendix], gifts of supplies, equipment, and voluntary services may
    be accepted.
    (e) Assignment of armed forces personnel
      The total number of armed forces personnel assigned to the
    Selective Service System under subsection (b)(2) at any time may
    not be less than the number of such personnel determined by the
    Director of Selective Service to be necessary, but not to exceed
    745 persons, except that the President may assign additional armed
    forces personnel to the Selective Service System during a time of
    war or a national emergency declared by Congress or the President.
    (f) Settlement of travel claims, etc.
      The Director is authorized to make final settlement of individual
    claims, for amounts not exceeding $500, for travel and other
    expenses of uncompensated personnel of the Office of Selective
    Service Records, or the Selective Service System, incurred while in
    the performance of official duties, without regard to other
    provisions of law governing the travel of civilian employees of the
    Federal Government.
    (g) Reports to Congress
      The Director of Selective Service shall submit to the Congress
    annually a written report covering the operation of the Selective
    Service System and such report shall include, by States,
    information as to the number of persons registered under this Act;
    the number of persons inducted in to the military service under
    this Act; and the number of deferments granted under this Act and
    the basis for such deferments; and such other specific kinds of
    information as the Congress may from time to time request.
    (h) Maintenance of System after institution of all volunteer
      program for meeting manpower needs
      The Selective Service system (!1) shall be maintained as an
    active standby organization, with (1) a complete registration and
    classification structure capable of immediate operation in the
    event of a national emergency (including a structure for
    registration and classification of persons qualified for practice
    or employment in a health care occupation essential to the
    maintenance of the Armed Forces), and (2) personnel adequate to
    reinstitute immediately the full operation of the System, including
    military reservists who are trained to operate such System and who
    can be ordered to active duty for such purpose in the event of a
    national emergency.


-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 10, 62 Stat. 618; Oct. 28,
    1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; June 30, 1950,
    ch. 445, Sec. 3, 64 Stat. 319; Sept. 27, 1950, ch. 1059, Sec. 3(b),
    64 Stat. 1074; June 19, 1951, ch. 144, title I, Sec. 1(u), 65 Stat.
    87; Pub. L. 90-40, Sec. 1(8)-(10), June 30, 1967, 81 Stat. 104,
    105; Pub. L. 92-129, title I, Sec. 101(a)(24)-(29), Sept. 28, 1971,
    85 Stat. 351, 352; Pub. L. 93-176, Sec. 3, Dec. 5, 1973, 87 Stat.
    693; Pub. L. 96-513, title V, Sec. 507(d), Dec. 12, 1980, 94 Stat.
    2919; Pub. L. 97-60, title II, Sec. 208, Oct. 14, 1981, 95 Stat.
    1008; Pub. L. 98-473, title II, Sec. 234, Oct. 12, 1984, 98 Stat.
    2031; Pub. L. 100-180, div. A, title VII, Sec. 715, Dec. 4, 1987,
    101 Stat. 1113; Pub. L. 102-190, div. A, title X, Sec. 1091, Dec.
    5, 1991, 105 Stat. 1486; Pub. L. 104-201, div. A, title IV, Sec.
    414, Sept. 23, 1996, 110 Stat. 2508; Pub. L. 107-314, div. A, title
    X, Sec. 1062(o)(2), Dec. 2, 2002, 116 Stat. 2652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 14 of the Federal Employees' Pay Act of 1946 (Public Law
    390, Seventy-ninth Congress), referred to in subsec. (b)(10), means
    section 14 of act May 24, 1946, ch. 270, 60 Stat. 219, which
    amended section 947 of former Title 5, Executive Departments and
    Government Officers and Employees, and which was repealed by act
    Sept. 12, 1950, ch. 946, title III, Sec. 301(85), 64 Stat. 843.
      This Act, referred to in subsec. (g), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b)(9), "sections 3111 and 3112 of title 40"
    substituted for "section 355, Revised Statutes, as amended" on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(8). Pub. L. 107-314 substituted "the Act of
    March 31, 1947 (50 U.S.C. App. 321 et seq.)" for "Public Law 26,
    Eightieth Congress, approved March 31, 1947, by lease pursuant to
    existing statutes, except that the provisions of the Act of June
    30, 1932 (47 Stat. 412), as amended by section 15 of the Act of
    March 3, 1933 (47 Stat. 1517), shall not apply to any lease entered
    into under the authority of this title".
      1996 - Subsec. (b). Pub. L. 104-201, Sec. 414(b)(1), substituted
    "authorized to undertake the following:" for "authorized - " in
    introductory provisions.
      Subsec. (b)(1). Pub. L. 104-201, Sec. 414(b)(2), (4), substituted
    "To" for "to" at beginning and a period for a semicolon at end.
      Subsec. (b)(2). Pub. L. 104-201, Sec. 414(a)(1), (b)(2), (4),
    substituted "To" for "to" at beginning, inserted ", subject to
    subsection (e)," after "to employ such number of civilians, and",
    and substituted a period for a semicolon at end.
      Subsec. (b)(3) to (7). Pub. L. 104-201, Sec. 414(b)(2), (4),
    substituted "To" for "to" at beginning and a period for a semicolon
    at end.
      Subsec. (b)(8), (9). Pub. L. 104-201, Sec. 414(b)(3), (4),
    substituted "Subject" for "subject" at beginning and a period for a
    semicolon at end.
      Subsec. (b)(10). Pub. L. 104-201, Sec. 414(b)(3), substituted
    "Subject" for "subject" at beginning.
      Subsec. (e). Pub. L. 104-201, Sec. 414(a)(2), added subsec. (e).
      1991 - Subsec. (b)(2). Pub. L. 102-190, Sec. 1091(1), struck out
    "without the approval of the Director" after "local government".
      Subsec. (g). Pub. L. 102-190, Sec. 1091(2), substituted
    "annually" for "semiannually".
      1987 - Subsec. (h). Pub. L. 100-180 substituted "The Selective
    Service system shall" for "If at any time calls under this section
    for the induction of persons for training and service in the Armed
    Forces are discontinued because the Armed Forces are placed on an
    all volunteer basis for meeting their active duty manpower needs,
    the Selective Service System, as it is constituted on the date of
    the enactment of this subsection [Sept. 28, 1971], shall,
    nevertheless," and directed the insertion of "(including a
    structure for registration and classification of persons qualified
    for practice or employment in a health care occupation essential to
    the maintenance of the Armed Forces)" after "national emergency",
    which was inserted in cl. (1) as the probable intent of Congress.
      1984 - Subsec. (b)(7). Pub. L. 98-473 substituted "release" for
    "parole".
      1981 - Subsec. (b)(3). Pub. L. 97-60 struck out provision that
    had prohibited service on local boards or appeal boards by persons
    who had attained the age of 65.
      1980 - Subsec. (b)(4). Pub. L. 96-513 substituted "however, any
    officer of the armed forces" for "however, any officer on the
    active or retired list of the armed forces, or any reserve
    component thereof with his consent," and struck out "or reserve
    component thereof," after "without loss of or prejudice to his
    status as such officer in the armed forces".
      1973 - Subsec. (b)(4). Pub. L. 93-176 substituted "the provisions
    of chapter 51 and subchapter III of chapter 53 of title 5, United
    States Code, relating to classification and General Schedule pay
    rates, the basic pay" for "the Classification Act of 1949, the
    compensation" and struck out provisos that compensation of
    employees of local boards and appeal boards may be fixed without
    regard to Classification Act of 1949, that employees of local
    boards having supervisory duties with respect to other employees of
    one or more local boards be designated as the executive secretary
    of the local board or boards, and that the term of employment of
    executive secretaries not exceed ten years except when reappointed.
      1971 - Subsec. (a)(3). Pub. L. 92-129, Sec. 101(a)(24), struck
    out provisions setting compensation of Director.
      Subsec. (b)(2). Pub. L. 92-129, Sec. 101(a)(25), inserted proviso
    that no State director shall serve concurrently in an elected or
    appointed position of a State or local government without the
    approval of the Director.
      Subsec. (b)(3). Pub. L. 92-129, Sec. 101(a)(26), inserted
    provisions requiring that local boards and their staffs perform
    their duties only within the counties or political subdivisions for
    which they are established with special provisions for intercounty
    boards and the collocation or multiple use of staffs with executive
    approval, provided for board membership proportionately
    representative of the area served, reduced the maximums applicable
    to board members from 75 years of age or 25 years of service on the
    board to 65 years of age or 20 years of service respectively, and
    authorized local boards to include among their members any citizens
    otherwise qualified under Presidential regulations provided they
    are at least 18 years of age.
      Subsec. (e). Pub. L. 92-129, Sec. 101(a)(27), struck out subsec.
    (e) which authorized Chief of Finance of the United States Army to
    act as the fiscal, disbursing, and accounting agent of Director.
      Subsec. (f). Pub. L. 92-129, Sec. 101(a)(28), substituted "$500"
    for "$50".
      Subsec. (h). Pub. L. 92-129, Sec. 101(a)(29), added subsec. (h).
      1967 - Subsec. (b)(3). Pub. L. 90-40, Sec. 1(8), prohibited
    disqualification of members of armed forces reserve components from
    serving as counselors to registrants, including services as
    government appeal agents, merely because of such membership in the
    reserve, set 25 years as maximum length of service on local and
    appeal boards and 75 years as age after attainment of which members
    may not serve, prohibited discrimination as to service on boards
    because of sex, with new limitations on age and sex to be
    implemented not later than January 1, 1968, and prohibited judicial
    review of classification or processing of registrants except as a
    defense to a criminal prosecution instituted under section 462 of
    this Appendix, and then only after registrant has responded either
    affirmatively or negatively to an order to report for induction or
    for civilian work and to question of jurisdiction reserved to local
    boards, appeal boards, and President only when there is no basis in
    fact for classification.
      Subsec. (b)(4). Pub. L. 90-40, Sec. 1(9), provided for
    designation of a local board employee having supervisory duties
    with respect to other employees of one or more local boards as
    "executive secretary", with such employee to serve in that position
    for a maximum of ten years except when reappointed.
      Subsec. (g). Pub. L. 90-40, Sec. 1(10), substituted
    "semiannually" for "on or before the 3rd day of January of each
    year," as time for submission of Director's written report to
    Congress, and inserted "such other specific kinds of information as
    the Congress may from time to time request" to enumeration of
    subjects to be covered by the report.
      1951 - Subsec. (b)(3). Act June 19, 1951, Sec. 1(u)(1), provided
    for one appeal board in each Federal judicial district in the
    United States, its territories and possessions, and such necessary
    panels as the President deems necessary.
      Subsec. (g). Act June 19, 1951, Sec. 1(u)(2), added subsec. (g).
      1950 - Subsec. (b)(3). Act Sept. 27, 1950, inserted ", or
    separate panels thereof each consisting of three or more members"
    after "Such local boards" in sixth sentence.
      Subsec. (b)(4). Act June 30, 1950, struck out comma between "the
    compensation of" and "such officers".
      1949 - Subsec. (b)(4). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
    701 of Pub. L. 96-513, set out as a note under section 101 of Title
    10, Armed Forces.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 4 of Pub. L. 93-176 provided that: "This Act [amending
    this section and section 5102 of Title 5, Government Organization
    and Employees, and enacting provisions set out as notes under this
    section] shall take effect not later than the beginning of the
    first pay period which begins on or after the ninetieth day
    following the date of the enactment of this Act [Dec. 5, 1973]."

                                  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-
                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to the
    Director of Selective Service, see Parts 1, 2, and 23 of Ex. Ord.
    No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
    section 5195 of Title 42, The Public Health and Welfare.


-MISC2-
      COMPENSATION INCREASES FOR EMPLOYEES OF LOCAL OR APPEAL BOARDS  
      Section 2 of Pub. L. 93-176 provided that: "The rate of basic pay
    of each employee in a position under a local board or appeal board
    of the Selective Service System on and immediately prior to the
    effective date of this Act [designated as a date not later than the
    beginning of the first pay period which begins on or after the 90th
    day following Dec. 5, 1973] shall be adjusted, as of such effective
    date, under the provisions of section 5334(d) of title 5, United
    States Code."
      Act June 5, 1952, ch. 369, Ch. VII, Sec. 701, 66 Stat. 109,
    authorized increases in the rate of compensation of any employees
    of local or appeal boards effective as of the first day of the
    first pay period which began after June 30, 1951 and within ninety
    days from June 5, 1952, pursuant to the authority contained in
    section 460 of this Appendix.

               COMPENSATION OF DIRECTOR OF SELECTIVE SERVICE           
      Compensation of Director, see section 5315 of Title 5, Government
    Organization and Employees.


-EXEC-
          EX. ORD. NO. 10271. DELEGATION OF PRESIDENT'S AUTHORITY      
      Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6659, set out as a note
    under section 471 of this Appendix, delegates to the Secretary of
    Defense the President's authority to order members and units of
    Reserve components into active Federal service.

      EX. ORD. NO. 11623. DELEGATION OF AUTHORITY TO ISSUE RULES AND
               REGULATIONS TO DIRECTOR OF SELECTIVE SERVICE
      Ex. Ord. No. 11623, Oct. 12, 1971, 36 F.R. 19963, as amended by
    Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.
    13286, Sec. 60, Feb. 28, 2003, 68 F.R. 10629, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States, including the Military Selective
    Service Act, as amended (50 U.S. Code App., sections 451 et seq.,
    hereinafter referred to as the Act), and section 301 of title 3 of
    the United States Code, it is hereby ordered as follows:
      Section 1. The Director of Selective Service (hereinafter
    referred to as the Director) is authorized to prescribe the
    necessary rules and regulations to carry out the provisions of the
    Act. Regulations heretofore issued by the President to carry out
    such provisions shall continue in effect until amended or revoked
    by the Director pursuant to the authority conferred by this Order.
      Sec. 2. (a) In carrying out the provisions of this Order, the
    Director shall cause any rule or regulation which he proposes to
    issue hereunder to be published in the Federal Register as required
    by section 13(b) of the Act [section 463(b) of this Appendix].
    Prior to such publication, the Director shall request the views of
    the Secretary of Defense, the Attorney General, the Secretary of
    Labor, the Secretary of Health and Human Services, the Secretary of
    Homeland Security (when the Coast Guard is serving under the
    Department of Homeland Security), the Director of the Office of
    Emergency Preparedness, and the Chairman of the National Selective
    Service Appeal Board with regard to such proposed rule or
    regulation, and shall allow not less than 10 days for the
    submission of such views before publication of the proposed rule or
    regulation.
      (b) Any proposed rule or regulation as published by the Director
    shall be furnished to the officials required to be consulted
    pursuant to subsection (a). The Director may (not less than 30 days
    after publication in the Federal Register) issue such rule or
    regulation as published unless, within 10 days after being
    furnished with the proposed rule or regulation as published, any
    such official shall notify the Director that he disagrees therewith
    and requests that the matter be referred to the President for
    decision.
      (c) Any rule or regulation issued by the Director pursuant to
    this Order shall be published in the Federal Register with (1) a
    statement reciting compliance with the prepublication requirement
    of section 13(b) of the Act [section 463(b) of this Appendix], and
    (2) either (i) approval of such rule or regulation by the
    President, or (ii) a certification of the Director that he has
    requested the views of the officials required to be consulted
    pursuant to subsection (a) and that none of them has timely
    requested that the matter be referred to the President for
    decision. Such rule or regulation shall be effective upon such
    publication in the Federal Register or on such later date as may be
    specified therein.
      Sec. 3. Nothing in this Order shall be deemed to (i) authorize
    the exercise by the Director of the President's authority to waive
    the requirements of section 13(b) of the Act [section 463(b) of
    this Appendix], or (ii) derogate from the authority of the
    President himself to waive the requirements of such section 13(b),
    or (iii) derogate from the authority of the President himself to
    issue such rules or regulations as he may deem necessary to carry
    out the provisions of the Act.

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


-End-



-CITE-
    50 USC APPENDIX Sec. 461                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 461. Emergency medical care

-STATUTE-
      Under such rules and regulations as may be prescribed by the
    President, funds available to carry out the provisions of this
    title [sections 451 to 471a of this Appendix] shall also be
    available for the payment of actual and reasonable expenses of
    emergency medical care, including hospitalization, of registrants
    who suffer illness or injury, and the transportation and burial of
    the remains of registrants who suffer death, while acting under
    orders issued under the provisions of this title [said sections],
    but such burial expenses shall not exceed the maximum that the
    Secretary of Veterans Affairs may pay under the provisions of
    section 2302(a) of title 38, United States Code, in any one case.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 11, 62 Stat. 621; Pub. L. 92-
    129, title I, Sec. 101(a)(30), Sept. 28, 1971, 85 Stat. 352; Pub.
    L. 102-54, Sec. 13(t), June 13, 1991, 105 Stat. 282; Pub. L. 102-
    83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)


-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83 substituted "section 2302(a) of title 38"
    for "section 902(a) of title 38".
      Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for
    "Administrator of Veterans' Affairs".
      1971 - Pub. L. 92-129 substituted "the maximum that the
    Administrator of Veterans' Affairs may pay under the provisions of
    section 902(a) of title 38, United States Code" for "$150".

-End-



-CITE-
    50 USC APPENDIX Sec. 462                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 462. Offenses and penalties

-STATUTE-
      (a) Any member of the Selective Service System or any other
    person charged as herein provided with the duty of carrying out any
    of the provisions of this title [sections 451 to 471a of this
    Appendix], or the rules or regulations made or directions given
    thereunder, who shall knowingly fail or neglect to perform such
    duty, and any person charged with such duty, or having and
    exercising any authority under said title [said sections], rules,
    regulations, or directions who shall knowingly make, or be a party
    to the making, of any false, improper, or incorrect registration,
    classification, physical or mental examination, deferment,
    induction, enrollment, or muster, and any person who shall
    knowingly make, or be a party to the making, of any false statement
    or certificate regarding or bearing upon a classification or in
    support of any request for a particular classification, for service
    under the provisions of this title [said sections], or rules,
    regulations, or directions made pursuant thereto, or who otherwise
    evades or refuses registration or service in the armed forces or
    any of the requirements of this title [said sections], or who
    knowingly counsels, aids, or abets another to refuse or evade
    registration or service in the armed forces or any of the
    requirements of this title [said sections], or of said rules,
    regulations, or directions, or who in any manner shall knowingly
    fail or neglect or refuse to perform any duty required of him under
    or in the execution of this title [said sections], or rules,
    regulations, or directions made pursuant to this title [said
    sections], or any person or persons who shall knowingly hinder or
    interfere or attempt to do so in any way, by force or violence or
    otherwise, with the administration of this title [said sections] or
    the rules or regulations made pursuant thereto, or who conspires to
    commit any one or more of such offenses, shall, upon conviction in
    any district court of the United States of competent jurisdiction,
    be punished by imprisonment for not more than five years or a fine
    of not more than $10,000, or by both such fine and imprisonment, or
    if subject to military or naval law may be tried by court martial,
    and, on conviction, shall suffer such punishment as a court martial
    may direct. No person shall be tried by court martial in any case
    arising under this title [said sections] unless such person has
    been actually inducted for the training and service prescribed
    under this title [said sections] or unless he is subject to trial
    by court martial under laws in force prior to the enactment of this
    title [June 24, 1948].
      (b) Any person (1) who knowingly transfers or delivers to
    another, for the purpose of aiding or abetting the making of any
    false identification or representation, any registration
    certificate, alien's certificate of nonresidence, or any other
    certificate issued pursuant to or prescribed by the provisions of
    this title [sections 451 to 471a of this Appendix], or rules or
    regulations promulgated hereunder; or (2) who, with intent that it
    be used for any purpose of false identification or representation,
    has in his possession any such certificate not duly issued to him;
    or (3) who forges, alters, knowingly destroys, knowingly mutilates,
    or in any manner changes any such certificate or any notation duly
    and validly inscribed thereon; or (4) who, with intent that it be
    used for any purpose of false identification or representation,
    photographs, prints, or in any manner makes or executes any
    engraving, photograph, print, or impression in the likeness of any
    such certificate, or any colorable imitation thereof; or (5) who
    has in his possession any certificate purporting to be a
    certificate issued pursuant to this title [said sections], or rules
    and regulations promulgated hereunder, which he knows to be falsely
    made, reproduced, forged, counterfeited, or altered; or (6) who
    knowingly violates or evades any of the provisions of this title
    [said sections] or rules and regulations promulgated pursuant
    thereto relating to the issuance, transfer, or possession of such
    certificate, shall, upon conviction, be fined not to exceed $10,000
    or be imprisoned for not more than five years, or both. Whenever on
    trial for a violation of this subsection the defendant is shown to
    have or to have had possession of any certificate not duly issued
    to him, such possession shall be deemed sufficient evidence to
    establish an intent to use such certificate for purposes of false
    identification or representation, unless the defendant explains
    such possession to the satisfaction of the jury.
      (c) The Department of Justice shall proceed as expeditiously as
    possible with a prosecution under this section, or with an appeal,
    upon the request of the Director of Selective Service System or
    shall advise the House of Representatives and the Senate in writing
    the reasons for its failure to do so.
      (d) No person shall be prosecuted, tried, or punished for
    evading, neglecting, or refusing to perform the duty of registering
    imposed by section 3 of this title [section 453 of this Appendix]
    unless the indictment is found within five years next after the
    last day before such person attains the age of twenty-six, or
    within five years next after the last day before such person does
    perform his duty to register, whichever shall first occur.
      (e) The President may require the Secretary of Health and Human
    Services to furnish to the Director, from records available to the
    Secretary, the following information with respect to individuals
    who are members of any group of individuals required by a
    proclamation of the President under section 3 [section 453 of this
    Appendix] to present themselves for and submit to registration
    under such section: name, date of birth, social security account
    number, and address. Information furnished to the Director by the
    Secretary under this subsection shall be used only for the purpose
    of the enforcement of this Act.
      (f)(1) Except as provided in subsection (g), any person who is
    required under section 3 [section 453 of this Appendix] to present
    himself for and submit to registration under such section and fails
    to do so in accordance with any proclamation issued under such
    section, or in accordance with any rule or regulation issued under
    such section, shall be ineligible for any form of assistance or
    benefit provided under title IV of the Higher Education Act of 1965
    [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.].
      (2) In order to receive any grant, loan, or work assistance under
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
    seq. [and 42 U.S.C. 2751 et seq.]), a person who is required under
    section 3 [section 453 of this Appendix] to present himself for and
    submit to registration under such section shall file with the
    institution of higher education which the person intends to attend,
    or is attending, a statement of compliance with section 3 and
    regulations issued thereunder.
      (3) The Secretary of Education, in agreement with the Director,
    shall prescribe methods for verifying such statements of compliance
    filed pursuant to paragraph (2). Such methods may include requiring
    institutions of higher education to provide a list to the Secretary
    of Education or to the Director of persons who have submitted such
    statements of compliance.
      (4) The Secretary of Education, in consultation with the
    Director, shall issue regulations to implement the requirements of
    this subsection. Such regulations shall provide that any person to
    whom the Secretary of Education proposes to deny assistance or
    benefits under title IV [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et
    seq.] for failure to meet the registration requirements of section
    3 [section 453 of this Appendix] and regulations issued thereunder
    shall be given notice of the proposed denial and shall have a
    suitable period (of not less than thirty days) after such notice to
    provide the Secretary with information and materials establishing
    that he has complied with the registration requirement under
    section 3. Such regulations shall also provide that the Secretary
    may afford such person an opportunity for a hearing to establish
    his compliance or for any other purpose.
      (g) A person may not be denied a right, privilege, or benefit
    under Federal law by reason of failure to present himself for and
    submit to registration under section 3 [section 453 of this
    Appendix] if - 
        (1) the requirement for the person to so register has
      terminated or become inapplicable to the person; and
        (2) the person shows by a preponderance of the evidence that
      the failure of the person to register was not a knowing and
      willful failure to register.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 12, 62 Stat. 622; Pub. L. 89-
    152, Aug. 30, 1965, 79 Stat. 586; Pub. L. 90-40, Sec. 1(11), June
    30, 1967, 81 Stat. 105; Pub. L. 92-129, title I, Sec. 101(a)(31),
    Sept. 28, 1971, 85 Stat. 352; Pub. L. 97-86, title IX, Sec. 916(b),
    Dec. 1, 1981, 95 Stat. 1129; Pub. L. 97-252, title XI, Sec.
    1113(a), Sept. 8, 1982, 96 Stat. 748; Pub. L. 98-620, title IV,
    Sec. 402(54), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 99-661, div. A,
    title XIII, Sec. 1366, Nov. 14, 1986, 100 Stat. 4002.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.
      The Higher Education Act of 1965, referred to in subsec. (f), is
    Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV
    of the Higher Education Act of 1965 is classified generally to
    subchapter IV (Sec. 1070 et seq.) of chapter 28 of Title 20,
    Education, and part C (Sec. 2751 et seq.) of subchapter I of
    chapter 34 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 1001 of Title 20 and Tables.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (f)(1). Pub. L. 99-661, Sec. 1366(1), substituted
    "Except as provided in subsection (g), any person" for "Any
    person".
      Subsec. (g). Pub. L. 99-661, Sec. 1366(2), added subsec. (g).
      1984 - Subsec. (a). Pub. L. 98-620 struck out sentence at end
    requiring that precedence be given by courts to the trial of cases
    arising under sections 451 to 471a of this Appendix, and that such
    cases had to be advanced on the docket for immediate hearing, and
    that an appeal from the decision or decree of any United States
    district court or United States court of appeals would take
    precedence over all other cases pending before the court to which
    the case had been referred.
      1982 - Subsec. (f). Pub. L. 97-252 added subsec. (f).
      1981 - Subsec. (e). Pub. L. 97-86 added subsec. (e).
      1971 - Subsec. (d). Pub. L. 92-129 added subsec. (d).
      1967 - Subsec. (a). Pub. L. 90-40, Sec. 1(11)(a), struck out
    requirement that a request of the Attorney General precede the
    granting of precedence to the trial of cases arising under this
    title and inserted provision that appeals from a decision or decree
    of any United States District Court or United States Court of
    Appeals take precedence over all other cases pending before the
    court to which the case has been referred.
      Subsec. (c). Pub. L. 90-40, Sec. 1(11)(b), added subsec. (c).
      1965 - Subsec. (b)(3). Pub. L. 89-152 prohibited a person from
    knowingly destroying or knowingly mutilating any registration
    certificate or other prescribed certificate.

                     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                 
      Section 1113(b) of Pub. L. 97-252 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    loans, grants, or work assistance under title IV of the Higher
    Education Act [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.] for
    periods of instruction beginning after June 30, 1983."

      STUDY ON COMPLIANCE OF HEALTH PROFESSIONS SCHOOLS WITH MILITARY
                           SELECTIVE SERVICE ACT
      Pub. L. 99-129, title II, Sec. 222, Oct. 22, 1985, 99 Stat. 544,
    directed Secretary of Health and Human Services, in cooperation
    with Director of Selective Service, to conduct a study to determine
    if health professions schools are engaged in a pattern or practice
    of failure to comply with section 12(f) of the Military Selective
    Service Act (50 U.S.C. App. 462(f)) (or regulations issued under
    such section) or are engaged in a pattern or practice of providing
    loans or work assistance to persons who are required to register
    under section 3 of such Act [50 App. U.S.C. 453] (and any
    proclamation of the President and regulations prescribed under that
    section) and have not so registered with Secretary and to complete
    the study and report its results to Congress not later than one
    year after Oct. 22, 1985.

        ADVERTISING PROHIBITION ON SPECIAL DISCHARGE REVIEW PROGRAM    
      Pub. L. 95-79, title VIII, Sec. 810, July 30, 1977, 91 Stat. 335,
    prohibited the use of funds authorized or appropriated under this
    or any other Act to purchase advertising of the special discharge
    review program.


-EXEC-
    PROC. NO. 4313. PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND
                            MILITARY DESERTERS
      Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, as
    amended by Proc. No. 4345, Jan. 30, 1975, 40 F.R. 4893, 89 Stat.
    1236; Proc. No. 4353, Feb. 28, 1975, 40 F.R. 8931, 10433, 89 Stat.
    1246, provided:
      The United States withdrew the last of its forces from the
    Republic of Vietnam on March 28, 1973.
      In the period of its involvement in armed hostilities in
    Southeast Asia, the United States suffered great losses. Millions
    served their country, thousands died in combat, thousands more were
    wounded, others are still listed as missing in action.
      Over a year after the last American combatant had left Vietnam,
    the status of thousands of our countrymen - convicted, charged,
    investigated or still sought for violations of the Military
    Selective Service Act [see References in Text note set out under
    section 451 of this Appendix] or of the Uniform Code of Military
    Justice [10 U.S.C. 801 et seq.] - remains unresolved.
      In furtherance of our national commitment to justice and mercy
    these young Americans should have the chance to contribute a share
    to the rebuilding of peace among ourselves and with all nations.
    They should be allowed the opportunity to earn return to their
    country, their communities, and their families, upon their
    agreement to a period of alternate service in the national
    interest, together with an acknowledgment of their allegiance to
    the country and its Constitution.
      Desertion in time of war is a major, serious offense; failure to
    respond to the country's call for duty is also a serious offense.
    Reconciliation among our people does not require that these acts be
    condoned. Yet, reconciliation calls for an act of mercy to bind the
    Nation's wounds and to heal the scars of divisiveness.
      NOW, THEREFORE, I, GERALD R. FORD, President of the United
    States, pursuant to my powers under Article II, Sections 1, 2 and 3
    of the Constitution, do hereby proclaim a program to commence
    immediately to afford reconciliation to Vietnam era draft evaders
    and military deserters upon the following terms and conditions:
      1. Draft Evaders - An individual who allegedly unlawfully failed
    under the Military Selective Service Act [see References in Text
    note set out under section 451 of this Appendix] or any rule or
    regulation promulgated thereunder, to register or register on time,
    to keep the local board informed of his current address, to report
    for or submit to preinduction or induction examination, to report
    for or submit to induction itself, or to report for or submit to,
    or complete service under section 6(j) of such Act [section 456(j)
    of this Appendix] during the period from August 4, 1964 to March
    28, 1973, inclusive, and who has not been adjudged guilty in a
    trial for such offense, will be relieved of prosecution and
    punishment for such offense if he:
        (i) presents himself to a United States Attorney before March
      31, 1975,
        (ii) executes an agreement acknowledging his allegiance to the
      United States and pledging to fulfill a period of alternate
      service under the auspices of the Director of Selective Service,
      and
        (iii) satisfactorily completes such service.
    The alternate service shall promote the national health, safety, or
    interest. No draft evader will be given the privilege of completing
    a period of alternate service by service in the Armed Forces.
      However, this program will not apply to an individual who is
    precluded from re-entering the United States under 8 U.S.C.
    1182(a)(22) or other law. Additionally, if individuals eligible for
    this program have other criminal charges outstanding, their
    participation in the program may be conditioned upon, or postponed
    until after, final disposition of the other charges has been
    reached in accordance with law.
      The period of service shall be twenty-four months, which may be
    reduced by the Attorney General because of mitigating
    circumstances.
      2. Military Deserters - A member of the armed forces who has been
    administratively classified as a deserter by reason of unauthorized
    absence and whose absence commenced during the period from August
    4, 1964 to March 28, 1973, inclusive, will be relieved of
    prosecution and punishment under Articles 85, 86 and 87 of the
    Uniform Code of Military Justice [10 U.S.C. 885, 886, 887] for such
    absence and for offenses directly related thereto if before March
    31, 1975 he takes an oath of allegiance to the United States and
    executes an agreement with the Secretary of the Military Department
    from which he absented himself or for members of the Coast Guard,
    with the Secretary of Transportation, pledging to fulfill a period
    of alternate service under the auspices of the Director of
    Selective Service. The alternate service shall promote the national
    health, safety, or interest.
      The period of service shall be twenty-four months, which may be
    reduced by the Secretary of the appropriate Military Department, or
    Secretary of Transportation for members of the Coast Guard, because
    of mitigating circumstances.
      However, if a member of the armed forces has additional
    outstanding charges pending against him under the Uniform Code of
    Military Justice [10 U.S.C. 801 et seq.], his eligibility to
    participate in this program may be conditioned upon, or postponed
    until after, final disposition of the additional charges has been
    reached in accordance with law.
      Each member of the armed forces who elects to seek relief through
    this program will receive an undesirable discharge. Thereafter,
    upon satisfactory completion of a period of alternate service
    prescribed by the Military Department or Department of
    Transportation, such individual will be entitled to receive, in
    lieu of his undesirable discharge, a clemency discharge in
    recognition of his fulfillment of the requirements of the program.
    Such clemency discharge shall not bestow entitlement to benefits
    administered by the Veterans Administration.
      Procedures of the Military Departments implementing this
    Proclamation will be in accordance with guidelines established by
    the Secretary of Defense, present Military Department regulations
    notwithstanding.
      3. Presidential Clemency Board - By Executive Order I have this
    date established a Presidential Clemency Board which will review
    the records of individuals within the following categories: (i)
    those who have been convicted of draft evasion offenses as
    described above, (ii) those who have received a punitive or
    undesirable discharge from service in the armed forces for having
    violated Article 85, 86, or 87 of the Uniform Code of Military
    Justice [10 U.S.C. 885, 886, 887] between August 4, 1964 and March
    28, 1973, or are serving sentences of confinement for such
    violations. Where appropriate, the Board may recommend that
    clemency be conditioned upon completion of a period of alternate
    service. However, if any clemency discharge is recommended, such
    discharge shall not bestow entitlement to benefits administered by
    the Veterans Administration.
      4. Alternate Service - In prescribing the length of alternate
    service in individual cases, the Attorney General, the Secretary of
    the appropriate Department, or the Clemency Board shall take into
    account such honorable service as an individual may have rendered
    prior to his absence, penalties already paid under law, and such
    other mitigating factors as may be appropriate to seek equity among
    those who participate in this program.
      IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth
    day of September in the year of our Lord nineteen hundred seventy-
    four, and of the Independence of the United States of America the
    one hundred and ninety-nineth.
                                                         Gerald R. Ford.

      PROC. NO. 4483. PARDON FOR VIOLATIONS OF ACT, AUGUST 4, 1964 TO
                              MARCH 28, 1973
      Proc. No. 4483, Jan. 21, 1977, 42 F.R. 4391, 91 Stat. 1719,
    provided:
      Acting pursuant to the grant of authority in Article II, Section
    2, of the Constitution of the United States, I, Jimmy Carter,
    President of the United States, do hereby grant a full, complete
    and unconditional pardon to: (1) all persons who may have committed
    any offense between August 4, 1964 and March 28, 1973 in violation
    of the Military Selective Service Act [see References in Text note
    set out under section 451 of this Appendix] or any rule or
    regulation promulgated thereunder; and (2) all persons heretofore
    convicted, irrespective of the date of conviction, of any offense
    committed between August 4, 1964 and March 28, 1973 in violation of
    the Military Selective Service Act, or any rule or regulation
    promulgated thereunder, restoring to them full political, civil and
    other rights.
      This pardon does not apply to the following who are specifically
    excluded therefrom:
        (1) All persons convicted of or who may have committed any
      offense in violation of the Military Selective Service Act, or
      any rule or regulation promulgated thereunder, involving force or
      violence; and
        (2) All persons convicted of or who may have committed any
      offense in violation of the Military Selective Service Act, or
      any rule or regulation promulgated thereunder, in connection with
      duties or responsibilities arising out of employment as agents,
      officers or employees of the Military Selective Service system.
      IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of
    January, in the year of our Lord nineteen hundred and seventy-
    seven, and of the Independence of the United States of America the
    two hundred and first.
                                                           Jimmy Carter.

     EX. ORD. NO. 11803. CLEMENCY BOARD TO REVIEW CERTAIN CONVICTIONS
                              AND DISCHARGES
      Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, as amended by
    Ex. Ord. No. 11837, Jan. 30, 1975, 40 F.R. 4895; Ex. Ord. No.
    11842, Feb. 28, 1975, 40 F.R. 8935; Ex. Ord. No. 11857, May 7,
    1975, 40 F.R. 20261; Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R.
    42731, provided:
      By virtue of the authority vested in me as President of the
    United States by Section 2 of Article II of the Constitution of the
    United States, and in the interest of the internal management of
    the Government, it is ordered as follows:
      Section 1. There is hereby established in the Executive Office of
    the President a board of 9 members, which shall be known as the
    Presidential Clemency Board. The members of the Board shall be
    appointed by the President, who shall also designate its Chairman.
    The President may appoint such additional members to the board as
    he shall from time to time determine to be necessary to carry out
    its functions.
      Sec. 2. The Board, under such regulations as it may prescribe,
    shall examine the cases of persons who apply for Executive clemency
    prior to March 31, 1975, and who (i) have been convicted of
    violating Section 12 or 6(j) of the Military Selective Service Act
    (50 App. U.S.C. Sec. 462) [this section and section 456(j) of this
    Appendix], or of any rule or regulation promulgated pursuant to
    that section, for acts committed between August 4, 1964 and March
    28, 1973, inclusive, or (ii) have received punitive or undesirable
    discharges as a consequence of violations of Articles 85, 86 or 87
    of the Uniform Code of Military Justice (10 U.S.C. Secs. 885, 886,
    887) that occurred between August 4, 1964 and March 28, 1973,
    inclusive, or are serving sentences of confinement for such
    violations. The Board will only consider the cases of Military
    Selective Service Act violators who were convicted of unlawfully
    failing (i) to register or register on time, (ii) to keep the local
    board informed of their current address, (iii) to report for or
    submit to preinduction or induction examination, (iv) to report for
    or submit to induction itself, or (v) to report for or submit to,
    or complete service under Section 6(j) of such Act [section 456(j)
    of this Appendix]. However, the Board will not consider the cases
    of individuals who are precluded from reentering the United States
    under [former] 8 U.S.C. 182(a)(22) or other law.
      Sec. 3. The Board shall report to the President its findings and
    recommendations as to whether Executive clemency should be granted
    or denied in any case. If clemency is recommended, the Board shall
    also recommend the form that such clemency should take, including
    clemency conditioned upon a period of alternate service in the
    national interest. In the case of an individual discharged from the
    armed forces with a punitive or undesirable discharge, the Board
    may recommend to the President that a clemency discharge be
    substituted for a punitive or undesirable discharge. Determination
    of any period of alternate service shall be in accord with the
    Proclamation [Proc. No. 4313, set out above] announcing a program
    for the return of Vietnam era draft evaders and military deserters.
      Sec. 4. The Board shall give priority consideration to those
    applicants who are presently confined and have been convicted only
    of an offense set forth in section 2 of this order, and who have no
    outstanding criminal charges.
      Sec. 5. Each member of the Board, except any member who then
    receives other compensation from the United States, may receive
    compensation for each day he or she is engaged upon the work of the
    Board at not to exceed the daily rate now or hereafter prescribed
    by law for persons and positions in GS-18, as authorized by law (5
    U.S.C. 3109), and may also receive travel expenses, including per
    diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703)
    for persons in the government service employed intermittently.
      Sec. 6. Necessary expenses of the Board may be paid from the
    Unanticipated Personnel Needs Fund of the President or from such
    other funds as may be available.
      Sec. 7. Necessary administrative services and support may be
    provided the Board by the General Services Administration on a
    reimbursable basis.
      Sec. 8. All department and agencies in the Executive branch are
    authorized and directed to cooperate with the Board in its work,
    and to furnish the Board all appropriate information and
    assistance, to the extent permitted by law.
      Sec. 9. The Board shall submit its final recommendations to the
    President not later than September 15, 1975, at which time it shall
    cease to exist.
                                                         Gerald R. Ford.

    EX. ORD. NO. 11804. DELEGATION OF CERTAIN FUNCTIONS OF PRESIDENT TO
                       DIRECTOR OF SELECTIVE SERVICE
      Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, provided:
      By virtue of the authority vested in me as President of the
    United States, pursuant to my powers under Article II, Sections 1,
    2 and 3 of the Constitution, and under Section 301 of Title 3 of
    the United States Code, it is hereby ordered as follows:
      Section 1. The Director of Selective Service is designated and
    empowered, without the approval, ratification or other action of
    the President, under such regulations as he may prescribe, to
    establish, implement, and administer the program of alternate
    service authorized in the Proclamation [set out above] announcing a
    program for the return of Vietnam era draft evaders and military
    deserters.
      Sec. 2. Departments and agencies in the Executive branch shall,
    upon the request of the Director of Selective Service, cooperate
    and assist in the implementation or administration of the
    Director's duties under this Order, to the extent permitted by law.
                                                         Gerald R. Ford.

        EX. ORD. NO. 11878. ASSIGNING RESPONSIBILITIES RELATING TO
                 ACTIVITIES OF PRESIDENTIAL CLEMENCY BOARD
      Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R. 42731, provided:
      By virtue of the authority vested in me by the Constitution of
    the United States of America, and as President of the United States
    of America, it is hereby ordered as follows:
      Section 1. Section 9 of Executive Order No. 11803 of September
    16, 1974, as amended [set out above] is amended to read:
      "The Board shall submit its final recommendations to the
    President not later than September 15, 1975, at which time it shall
    cease to exist."
      Sec. 2. Any applications for Executive clemency, as to which the
    Presidential Clemency Board (established by Executive Order No.
    11803) [set out above] has not taken final action shall be
    transferred, together with the files related thereto, to the
    Attorney General.
      Sec. 3. The Attorney General, with respect to the applications
    and related files transferred to him by Section 2 of this Order,
    shall take all actions appropriate or necessary to complete the
    clemency process and shall expeditiously report to the President
    his findings and recommendations as to whether Executive clemency
    should be granted or denied in any case. In performing his
    responsibilities under this Order, the Attorney General shall apply
    the relevant criteria and comply with the appropriate and
    applicable instructions and procedures established by Executive
    Order No. 11803 of September 16, 1974, as amended [set out above],
    Proclamation No. 4313 of September 16, 1974, as amended [set out
    above], Executive Order No. 11804 of September 16, 1974 [set out
    above], and, to the extent that he deems appropriate, the
    regulations of the Presidential Clemency Board and the Selective
    Service System issued pursuant to the foregoing Executive orders.
      Sec. 4. The Director of the Office of Management and Budget is
    hereby designated and empowered to take such action as he deems
    necessary to ensure the orderly and prompt termination of the
    activities of the Presidential Clemency Board and the assignment of
    responsibilities directed by this Order.
      Sec. 5. Departments and agencies in the Executive branch shall,
    to the extent permitted by law, cooperate with and assist the
    Attorney General, the Director of the Selective Service and the
    Director of the Office of Management and Budget in the performance
    of their responsibilities under this Order.
      Sec. 6. The responsibilities assigned under this Order are to be
    completed no later than March 31, 1976, at which time the Attorney
    General shall submit his final recommendations to the President.
                                                         Gerald R. Ford.

    EX. ORD. NO. 11967. IMPLEMENTATION OF PARDON FOR VIOLATIONS OF ACT,
                     AUGUST 4, 1964 TO MARCH 28, 1973
      Ex. Ord. No. 11967, Jan. 21, 1977, 42 F.R. 4393, provided:
      The following actions shall be taken to facilitate Presidential
    Proclamation of Pardon of January 21, 1977 [set out above]:
      1. The Attorney General shall cause to be dismissed with
    prejudice to the Government all pending indictments for violations
    of the Military Selective Service Act [see References in Text note
    set out under section 451 of this Appendix] alleged to have
    occurred between August 4, 1964 and March 28, 1973 with the
    exception of the following:
        (a) Those cases alleging acts of force or violence deemed to be
      so serious by the Attorney General as to warrant continued
      prosecution; and
        (b) Those cases alleging acts in violation of the Military
      Selective Service Act by agents, employees or officers of the
      Selective Service System arising out of such employment.
      2. The Attorney General shall terminate all investigations now
    pending and shall not initiate further investigations alleging
    violations of the Military Selective Service Act [see References in
    Text note set out under section 451 of this Appendix] between
    August 4, 1964 and March 28, 1973, with the exception of the
    following:
        (a) Those cases involving allegations of force or violence
      deemed to be so serious by the Attorney General as to warrant
      continued investigation, or possible prosecution; and
        (b) Those cases alleging acts in violation of the Military
      Selective Service Act by agents, employees or officers of the
      Selective Service System arising out of such employment.
      3. Any person who is or may be precluded from reentering the
    United States under [former] 8 U.S.C. 1182(a)(22) or under any
    other law, by reason of having committed or apparently committed
    any violation of the Military Selective Service Act [see References
    in Text note set out under section 451 of this Appendix] shall be
    permitted as any other alien to reenter the United States.
      The Attorney General is directed to exercise his discretion under
    8 U.S.C. 1182(d)(5) or other applicable law to permit the reentry
    of such persons under the same terms and conditions as any other
    alien.
      This shall not include anyone who falls into the exceptions of
    paragraphs 1(a) and (b) and 2(a) and (b) above.
      4. Any individual offered conditional clemency or granted a
    pardon or other clemency under Executive Order 11803 [set out
    above] or Presidential Proclamation 4313, dated September 16, 1974
    [set out above], shall receive the full measure of relief afforded
    by this program if they are otherwise qualified under the terms of
    this Executive Order.
                                                           Jimmy Carter.

-End-



-CITE-
    50 USC APPENDIX Sec. 463                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 463. Nonapplicability of certain laws

-STATUTE-
      (a) Nothing in sections 203, 205, or 207 of title 18 of the
    United States Code, or in the second sentence of subsection (a) of
    section 9 of the Act of August 2, 1939 (53 Stat. 1148), entitled
    "An Act to prevent pernicious political activities", as amended,
    shall be deemed to apply to any person because of his appointment
    under authority of this title [sections 451 to 471a of this
    Appendix] or the regulations made pursuant thereto as an
    uncompensated official of the Selective Service System, or as an
    individual to conduct hearings on appeals of persons claiming
    exemption from combatant or noncombatant training because of
    conscientious objections, or as a member of the National Selective
    Service Appeal Board.
      (b) All functions performed under this title [sections 451 to
    471a of this Appendix] shall be excluded from the operation of the
    Administrative Procedure Act (60 Stat. 237) [5 U.S.C. 551 et seq.
    and 701 et seq.] except as to the requirements of section 3 of such
    Act [5 U.S.C. 552]. Notwithstanding the foregoing sentence, no
    regulation issued under this Act shall become effective until the
    expiration of thirty days following the date on which such
    regulation has been published in the Federal Register. After the
    publication of any regulation and prior to the date on which such
    regulation becomes effective, any person shall be given an
    opportunity to submit his views to the Director on such regulation,
    but no formal hearing shall be required on any such regulation. The
    requirements of this subsection may be waived by the President in
    the case of any regulation if he (1) determines that compliance
    with such requirements would materially impair the national
    defense, and (2) gives public notice to that effect at the time
    such regulation is issued.
      (c) In computing the lump-sum payments made to Air Force reserve
    officers under the provisions of section 2 of the Act of June 16,
    1936, as amended and to reserve officers of the Navy or to their
    beneficiaries under section 12 of the Act of August 4, 1942, as
    amended, no credit shall be allowed for any period of active
    service performed from the effective date of this title [June 24,
    1948] to the date on which this title [sections 451 to 471a of this
    Appendix] shall cease to be effective. Each such lumpsum payment
    shall be prorated for a fractional part of a year of active service
    in the case of any reserve officer subject to the provisions of
    either such section, if such reserve officer performs continuous
    active service for one or more years (inclusive of such service
    performed during the period in which this title [said sections] is
    effective) and such active service includes a fractional part of a
    year immediately prior to the effective date of this title [June
    24, 1948], or immediately following the date on which this title
    [said sections] shall cease to be effective, or both.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 13, 62 Stat. 623; June 19,
    1951, ch. 144, title I, Sec. 1(t), 65 Stat. 87; Pub. L. 88-110,
    Sec. 6, Sept. 3, 1963, 77 Stat. 136; Pub. L. 92-129, title I, Sec.
    101(a)(32), Sept. 28, 1971, 85 Stat. 353.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The second sentence of subsection (a) of section 9 of the Act of
    August 2, 1939, referred to in subsec. (a), was classified to
    section 118i(a) of former Title 5 and was repealed by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section
    7324(a)(2) of Title 5, Government Organization and Employees.
    Section 7324 of Title 5 was omitted and a new section 7324 enacted
    in the general amendment of subchapter III of chapter 73 of Title 5
    by Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001. See
    section 7323(b)(2)(A) of Title 5.
      The Administrative Procedure Act, referred to in subsec. (b), is
    act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was
    classified to sections 1001 to 1011 of former Title 5 and which was
    repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and
    reenacted as subchapter II (Sec. 551 et seq.) of chapter 5, and
    chapter 7 (Sec. 701 et seq.), of Title 5, Government Organization
    and Employees.
      This Act, referred to in subsec. (b), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.
      Section 2 of the Act of June 16, 1936, as amended, referred to in
    subsec. (c), is section 2 of act June 16, 1936, ch. 587, 49 Stat.
    1524, as amended Apr. 3, 1939, ch. 35, Sec. 11, 53 Stat. 559; June
    3, 1941, ch. 165, Sec. 6, 55 Stat. 240; July 25, 1947, ch. 323, 61
    Stat. 424; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.
    501, which is not classified to the Code.
      Section 12 of the Act of August 4, 1942, as amended, referred to
    in subsec. (c), is section 12 of act Aug. 4, 1942, ch. 547, 56
    Stat. 738, as amended Oct. 25, 1943, ch. 275, Sec. 1, 57 Stat. 574;
    July 25, 1947, ch. 323, 61 Stat. 424, which is not classified to
    the Code.
      Date on which this title shall cease to be effective, referred to
    in subsec. (c), is defined in section 467 of this Appendix.


-MISC1-
                                AMENDMENTS                            
      1971 - Subsec. (b). Pub. L. 92-129 inserted provisions covering
    the publication of regulations in the Federal Register.
      1963 - Subsec. (a). Pub. L. 88-110 substituted "sections 203,
    205, or 207 of title 18 of the United States Code" for "sections
    281, 283, or 284 of title 18 of the United States Code, in section
    190 of the Revised Statutes (U.S.C., title 5, sec. 99)".
      1951 - Subsec. (a). Act June 19, 1951, brought within its
    provisions members of the National Selective Service Appeal Board.

-End-



-CITE-
    50 USC APPENDIX Sec. 464                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 464. Repealed. Pub. L. 108-189, Sec. 2(a), Dec. 19, 2003, 117
      Stat. 2865

-MISC1-
      Section, acts June 24, 1948, ch. 625, title I, Sec. 14, 62 Stat.
    623; Sept. 27, 1950, ch. 1059, Sec. 1(11), 64 Stat. 1074, provided
    that the Soldiers' and Sailors' Civil Relief Act of 1940, as
    amended, was applicable to all persons in the United States armed
    forces.

-End-



-CITE-
    50 USC APPENDIX Sec. 465                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 465. Notice of requirements of Act; voluntary enlistments
      unaffected

-STATUTE-
      (a) Every person shall be deemed to have notice of the
    requirements of this title [sections 451 to 471a of this Appendix]
    upon publication by the President of a proclamation or other public
    notice fixing a time for any registration under section 3 [section
    453 of this Appendix].
      (b) It shall be the duty of every registrant to keep his local
    board informed as to his current address and changes in status as
    required by such rules and regulations as may be prescribed by the
    President.
      (c) If any provision of this title [sections 451 to 471a of this
    Appendix], or the application thereof to any person or
    circumstance, is held invalid, the remainder of the title [said
    sections], and the application of such provision to other persons
    or circumstances, shall not be affected thereby.
      (d) Except as provided in section 4(c) [section 454(c) of this
    Appendix], nothing contained in this title [sections 451 to 471a of
    this Appendix] shall be construed to repeal, amend, or suspend the
    laws now in force authorizing voluntary enlistment or reenlistment
    in the Armed Forces of the United States, including the reserve
    components thereof, except that no person shall be accepted for
    enlistment after he has been issued an order to report for
    induction unless authorized by the Director and the Secretary of
    Defense and except that, whenever the Congress or the President has
    declared that the national interest is imperiled, voluntary
    enlistment or reenlistment in such forces, and their reserve
    components, may be suspended by the President to such extent as he
    may deem necessary in the interest of national defense.
      (e) In order to assist the Armed Forces in recruiting individuals
    for voluntary service in the Armed Forces, the Director shall, upon
    the request of the Secretary of Defense or the Secretary of
    Homeland Security, furnish to the Secretary the names and addresses
    of individuals registered under this Act. Names and addresses
    furnished pursuant to the preceding sentence may be used by the
    Secretary of Defense or Secretary of Homeland Security only for
    recruiting purposes.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 15, 62 Stat. 624; Pub. L. 92-
    129, title I, Sec. 101(a)(33), Sept. 28, 1971, 85 Stat. 353; Pub.
    L. 97-86, title IX, Sec. 916(c), Dec. 1, 1981, 95 Stat. 1129; Pub.
    L. 107-296, title XVII, Sec. 1704(e)(11)(E), Nov. 25, 2002, 116
    Stat. 2316.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), is act June 24, 1948, ch.
    625, 62 Stat. 604, as amended, known as the Military Selective
    Service Act. For complete classification of this Act to the Code,
    see References in Text note set out under section 451 of this
    Appendix and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation" in two places.
      1981 - Subsec. (e). Pub. L. 97-86 added subsec. (e).
      1971 - Subsec. (d). Pub. L. 92-129 inserted provision empowering
    the Director and the Secretary of Defense to authorize voluntary
    enlistments and reenlistments in the Armed Forces after a person
    has been issued an order to report for induction and struck out
    reference to section 454(g) of this Appendix.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    Title 10, Armed Forces.

-End-



-CITE-
    50 USC APPENDIX Sec. 466                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 466. Definitions

-STATUTE-
      When used in this title [sections 451 to 471a of this Appendix] -
    
      (a) The term "between the ages of eighteen and twenty-six" shall
    refer to men who have attained the eighteenth anniversary of the
    day of their birth and who have not attained the twenty-sixth
    anniversary of the day of their birth; and other terms designating
    different age groups shall be construed in a similar manner.
      (b) The term "United States", when used in a geographical sense,
    shall be deemed to mean the several States, the District of
    Columbia, Puerto Rico, the Virgin Islands, and Guam.
      (c) The term "armed forces" shall be deemed to include the Army,
    the Navy, the Marine Corps, the Air Force, and the Coast Guard.
      (d) The term "district court of the United States" shall be
    deemed to include the courts of the United States for the
    Territories and possessions of the United States.
      (e) The term "local board" shall be deemed to include an
    intercounty local board in the case of any registrant who is
    subject to the jurisdiction of an intercounty local board.
      (f) The term "Director" shall be deemed to mean the Director of
    the Selective Service System.
      (g)(1) The term "duly ordained minister of religion" means a
    person who has been ordained, in accordance with the ceremonial,
    ritual, or discipline of a church, religious sect, or organization
    established on the basis of a community of faith and belief,
    doctrines and practices of a religious character, to preach and to
    teach the doctrines of such church, sect, or organization and to
    administer the rites and ceremonies thereof in public worship, and
    who as his regular and customary vocation preaches and teaches the
    principles of religion and administers the ordinances of public
    worship as embodied in the creed or principles of such church,
    sect, or organization.
      (2) The term "regular minister of religion" means one who as his
    customary vocation preaches and teaches the principles of religion
    of a church, a religious sect, or organization of which he is a
    member, without having been formally ordained as a minister of
    religion, and who is recognized by such church, sect, or
    organization as a regular minister.
      (3) The term "regular or duly ordained minister of religion" does
    not include a person who irregularly or incidentally preaches and
    teaches the principles of religion of a church, religious sect, or
    organization and does not include any person who may have been duly
    ordained a minister in accordance with the ceremonial, rite, or
    discipline of a church, religious sect or organization, but who
    does not regularly, as a bona fide vocation, teach and preach the
    principles of religion and administer the ordinances of public
    worship as embodied in the creed or principles of his church, sect,
    or organization.
      (h) The term "organized unit", when used with respect to a
    reserve component, shall be deemed to mean a unit in which the
    members thereof are required satisfactorily to participate in
    scheduled drills and training periods as prescribed by the
    Secretary of Defense.
      (i) The term "reserve components of the armed forces" shall,
    unless the context otherwise requires, be deemed to include the
    federally recognized National Guard of the United States, the
    federally recognized Air National Guard of the United States, the
    Officers' Reserve Corps, the Regular Army Reserve, the Air Force
    Reserve, the Enlisted Reserve Corps, the Navy Reserve, the Marine
    Corps Reserve, and the Coast Guard Reserve, and shall include, in
    addition to the foregoing, the Public Health Service Reserve when
    serving with the armed forces.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 16, 62 Stat. 624; Sept. 27,
    1950, ch. 1059, Sec. 1(12), (13), 64 Stat. 1074; June 19, 1951, ch.
    144, title I, Sec. 1(v), 65 Stat. 87; Pub. L. 86-70, Sec. 36, June
    25, 1959, 73 Stat. 150; Pub. L. 86-624, Sec. 39, July 12, 1960, 74
    Stat. 422; Pub. L. 92-129, title I, Sec. 101(a)(34), Sept. 28,
    1971, 85 Stat. 353; Pub. L. 109-163, div. A, title V, Sec.
    515(g)(3)(B), Jan. 6, 2006, 119 Stat. 3236.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (i). Pub. L. 109-163 substituted "Navy Reserve"
    for "Naval Reserve".
      1971 - Subsec. (g)(3). Pub. L. 92-129 inserted "bona fide" before
    "vocation".
      1960 - Subsec. (b). Pub. L. 86-624 struck out "Hawaii," before
    "Puerto Rico".
      1959 - Subsec. (b). Pub. L. 86-70 struck out "Alaska," after
    "District of Columbia,".
      1951 - Subsec. (b). Act June 19, 1951, brought "Guam" within
    definition of "United States".
      1950 - Subsec. (c). Act Sept. 27, 1950, Sec. 1(12), struck out
    "and" after "Corps" and inserted ", and the Coast Guard" before the
    period.
      Subsec. (i). Act Sept. 27, 1950, Sec. 1(13), struck out "and"
    after "Naval Reserve" and ", the Coast Guard Reserve" after
    "foregoing" and inserted "and the Coast Guard Reserve" after
    "Marine Corps Reserve".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Coast Guard transferred to Department of Transportation, and
    functions, powers, and duties relating to Coast Guard of Secretary
    of the Treasury and of all other officers and offices of Department
    of the Treasury transferred to Secretary of Transportation by Pub.
    L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section
    6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding
    such transfer of functions, Coast Guard shall operate as part of
    Navy in time of war or when President directs as provided in
    section 3 of Title 14, Coast Guard. See section 108 of Title 49,
    Transportation.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Treasury, with certain exceptions, to
    Secretary of the Treasury with power to delegate, see Reorg. Plan
    No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, 1281, set out in the Appendix to Title 5, Government
    Organization and Employees. Functions of Coast Guard, and
    Commandant of Coast Guard, excepted from transfer when Coast Guard
    is operating as part of Navy under sections 1 and 3 of Title 14,
    Coast Guard.
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government
    Organization and Employees. Secretary of Health, Education, and
    Welfare redesignated Secretary of Health and Human Services by
    section 3508(b) of Title 20, Education.

-End-



-CITE-
    50 USC APPENDIX Sec. 467                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 467. Repeals; appropriations; termination date

-STATUTE-
      (a) Except as provided in this title [sections 451 to 471a of
    this Appendix] all laws or any parts of laws in conflict with the
    provisions of the title [said sections] are repealed to the extent
    of such conflict.
      (b) There are authorized to be appropriated, out of any money in
    the Treasury not otherwise appropriated, such sums as may be
    necessary to carry out the provisions of this title [sections 451
    to 471a of this Appendix]. All funds appropriated for the
    administrative expenses of the National Security Training
    Commission shall be appropriated directly to the Commission and all
    funds appropriated to pay the expenses of training carried out by
    the military departments designated by the Commission shall be
    appropriated directly to the Department of Defense.
      (c) Notwithstanding any other provisions of this title [sections
    451 to 471a of this Appendix], no person shall be inducted for
    training and service in the Armed Forces after July 1, 1973, except
    persons now or hereafter deferred under section 6 of this title
    [section 456 of this Appendix] after the basis for such deferment
    ceases to exist.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 17, 62 Stat. 625; June 23,
    1950, ch. 351, 64 Stat. 254; June 30, 1950, ch. 445, Sec. 1, 64
    Stat. 318; June 19, 1951, ch. 144, title I, Sec. 1(w), 65 Stat. 87;
    June 30, 1955, ch. 250, title I, Sec. 102, 69 Stat. 224; Pub. L. 86-
    4, Sec. 1, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88-2, Sec. 1, Mar.
    28, 1963, 77 Stat. 4; Pub. L. 90-40, Sec. 1(12), June 30, 1967, 81
    Stat. 105; Pub. L. 92-129, title I, Sec. 101(a)(35), Sept. 28,
    1971, 85 Stat. 353.)


-MISC1-
                                AMENDMENTS                            
      1971 - Subsec. (c). Pub. L. 92-129 extended termination date from
    July 1, 1971, to July 1, 1973.
      1967 - Subsec. (c). Pub. L. 90-40 extended termination date from
    July 1, 1967, to July 1, 1971.
      1963 - Subsec. (c). Pub. L. 88-2 extended termination date from
    July 1, 1963, to July 1, 1967.
      1959 - Subsec. (c). Pub. L. 86-4 extended termination date from
    July 1, 1959, to July 1, 1963.
      1955 - Subsec. (c). Act June 30, 1955, extended termination date
    from July 1, 1955, to July 1, 1959.
      1951 - Act June 19, 1951, amended section generally to provide
    for repeal of all conflicting laws, to appropriate certain funds
    directly to the Commission, and to provide for the termination date
    of July 1, 1955.
      1950 - Subsec. (b). Acts June 23, 1950 and June 30, 1950,
    extended period of effectiveness for fifteen days until July 9,
    1950, and again from July 9, 1950, to July 9, 1951.

                     EFFECTIVE DATE OF 1971 AMENDMENT                 
      Section 101(a)(35) of Pub. L. 92-129 provided in part that: "The
    amendment made by the preceding sentence [amending this section]
    shall take effect July 2, 1971."

           TERMINATION OF NATIONAL SECURITY TRAINING COMMISSION       
      National Security Training Commission expired June 30, 1957,
    pursuant to a Presidential letter on Mar. 25, 1957, following its
    own recommendation for its termination.

-End-



-CITE-
    50 USC APPENDIX Sec. 468                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 468. Utilization of industry

-STATUTE-
    (a) Placement of orders; Congressional action: notification of
      committees of certain proposed payment orders, resolution of
      disapproval, continuity of session, computation of period; "small
      business" defined
      Whenever the President after consultation with and receiving
    advice from the National Security Resources Board (!1) determines
    that it is in the interest of the national security for the
    Government to obtain prompt delivery of any articles or materials
    the procurement of which has been authorized by the Congress
    exclusively for the use of the armed forces of the United States,
    or for the use of the Atomic Energy Commission,(!1) he is
    authorized, through the head of any Government agency, to place
    with any person operating a plant, mine, or other facility capable
    of producing such articles or materials an order for such quantity
    of such articles or materials as the President deems appropriate,
    except that no order which requires payments thereunder in excess
    of $25,000,000 shall be placed with any person unless the
    Committees on Armed Services of the Senate and the House of
    Representatives have been notified in writing of such proposed
    order and 60 days of continuous session of Congress have expired
    following the date on which such notice was transmitted to such
    Committees and neither House of Congress has adopted, within such
    60-day period, a resolution disapproving such order. For purposes
    of the preceding sentence, the continuity of a session of Congress
    is broken only by an adjournment of the Congress sine die, and the
    days on which either House is not in session because of an
    adjournment of more than 3 days to a day certain are excluded in
    the computation of such 60-day period. Any person with whom an
    order is placed pursuant to the provisions of this section shall be
    advised that such order is placed pursuant to the provisions of
    this section. Under any such program of national procurement, the
    President shall recognize the valid claim of American small
    business to participate in such contracts, in such manufactures,
    and in such distribution of materials, and small business shall be
    granted a fair share of the orders placed, exclusively for the use
    of the armed forces or for other Federal agencies now or hereafter
    designated in this section. For the purposes of this section, a
    business enterprise shall be determined to be "small business" if
    (1) its position in the trade or industry of which it is a part is
    not dominant, (2) the number of its employees does not exceed 500,
    and (3) it is independently owned and operated.

    (b) Precedence of Government placed orders
      It shall be the duty of any person with whom an order is placed
    pursuant to the provisions of subsection (a), (1) to give such
    order such precedence with respect to all other orders (Government
    or private) theretofore or thereafter placed with such person as
    the President may prescribe, and (2) to fill such order within the
    period of time prescribed by the President or as soon thereafter as
    possible.
    (c) Failure to give precedence; Government possession
      In case any person with whom an order is placed pursuant to the
    provisions of subsection (a) of this section refuses or fails - 
        (1) to give such order such precedence with respect to all
      other orders (Government or private) theretofore or thereafter
      placed with such person as the President may have prescribed;
        (2) to fill such order within the period of time prescribed by
      the President or as soon thereafter as possible as determined by
      the President;
        (3) to produce the kind or quality of articles or materials
      ordered; or
        (4) to furnish the quantity, kind, and quality of articles or
      materials ordered at such price as shall be negotiated between
      such person and the Government agency concerned; or in the event
      of failure to negotiate a price, to furnish the quantity, kind,
      and quality of articles or materials ordered at such price as he
      may subsequently be determined to be entitled to receive under
      subsection (d);

    the President is authorized to take immediate possession of any
    plant, mine, or other facility of such person and to operate it,
    through any Government agency, for the production of such articles
    or materials as may be required by the Government.
    (d) Payment of compensation by United States
      Fair and just compensation shall be paid by the United States (1)
    for any articles or materials furnished pursuant to an order placed
    under subsection (a) of this section, or (2) as rental for any
    plant, mine, or other facility of which possession is taken under
    subsection (c).
    (e) Application of Federal and State laws governing employees
      Nothing contained in this section shall be deemed to render
    inapplicable to any plant, mine, or facility of which possession is
    taken pursuant to subsection (c) any State or Federal laws
    concerning the health, safety, security, or employment standards of
    employees.
    (f) Penalties
      Any person, or any officer of any person as defined in this
    section, who willfully fails or refuses to carry out any duty
    imposed upon him by subsection (b) of this section shall be guilty
    of a felony and, upon conviction thereof, shall be punished by
    imprisonment for not more than three years, or by a fine of not
    more than $50,000, or by both such imprisonment and fine.
    (g) "Person" and "Government agency" defined
      (1) As used in this section - 
        (A) The term "person" means any individual, firm, company,
      association, corporation, or other form of business organization.
        (B) The term "Government agency" means any department, agency,
      independent establishment, or corporation in the Executive branch
      of the United States Government.

      (2) For the purposes of this section, a plant, mine, or other
    facility shall be deemed capable of producing any articles or
    materials if it is then producing or furnishing such articles or
    materials or if the President after consultation with and receiving
    advice from the National Security Resources Board determines that
    it can be readily converted to the production or furnishing of such
    articles or materials.
    (h) Rules and regulations governing steel industry; mandatory
      The President is empowered, through the Secretary of Defense, to
    require all producers of steel in the United States to make
    available, to individuals, firms, associations, companies,
    corporations, or organized manufacturing industries having orders
    for steel products or steel materials required by the armed forces,
    such percentages of the steel production of such producers, in
    equal proportion deemed necessary for the expeditious execution of
    orders for such products or materials. Compliance with such
    requirement shall be obligatory on all such producers of steel and
    such requirement shall take precedence over all orders and
    contracts theretofore placed with such producers. If any such
    producer of steel or the responsible head or heads thereof refuses
    to comply with such requirement, the President, through the
    Secretary of Defense, is authorized to take immediate possession of
    the plant or plants of such producer and, through the appropriate
    branch, bureau, or department of the armed forces, to insure
    compliance with such requirement. Any such producer of steel or the
    responsible head or heads thereof refusing to comply with such
    requirement shall be deemed guilty of a felony and upon conviction
    thereof shall be punished by imprisonment for not more than three
    years and a fine not exceeding $50,000.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 18, 62 Stat. 625; Pub. L. 93-
    155, title VIII, Sec. 807(d), Nov. 16, 1973, 87 Stat. 616; Pub. L.
    101-510, div. A, title XIII, Sec. 1303(c), Nov. 5, 1990, 104 Stat.
    1669.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (h). Pub. L. 101-510 struck out "(1)" before "The
    President is empowered" and struck out par. (2) which read as
    follows: "The President shall report to the Congress on the final
    day of each six-month period following the date of enactment of
    this Act the percentage figure, or if such information is not
    available, the approximate percentage figure, of the total steel
    production in the United States required to be made available
    during such period for the execution of orders for steel products
    and steel materials required by the armed forces, if such
    percentage figure is in excess of 10 per centum."
      1973 - Subsec. (a). Pub. L. 93-155 provided for notification of
    Congressional Committees with respect to certain proposed payment
    orders, Congressional resolution of disapproval, continuity of
    Congressional session, and computation of period.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Chairman of National Security Resources Board under
    this section, with respect to being consulted by and furnishing
    advice to President as required by this section, abolished by
    Reorg. Plan No. 3 of 1953, Sec. 5(a), eff. June 12, 1953, 18 F.R.
    3375, 67 Stat. 634, set out in the Appendix to Title 5, Government
    Organization and Employees.
      National Security Resources Board, together with its functions,
    records, property, personnel, and unexpended balances of
    appropriations, allocations, and other funds (available or to be
    made available) transferred to Executive Office of President by
    Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63
    Stat. 1067, set out in the Appendix to Title 5, Government
    Organization and Employees. For subsequent transfers to Office of
    Defense Mobilization, Office of Emergency Planning, Office of
    Emergency Preparedness, and President, see notes set out under
    section 404 of this title.
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See also Transfer of Functions notes set out under those sections.

                          DELEGATION OF AUTHORITY                      
      For delegation of President's authority under this section with
    respect to placing of orders for prompt delivery of articles or
    materials, see section 102 of Ex. Ord. No. 12742, Jan. 8, 1991, 56
    F.R. 1079, set out as a note under section 82 of Title 50, War and
    National Defense.


-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.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 469                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 469. Savings provision

-STATUTE-
      Nothing in this title [sections 451 to 471a of this Appendix]
    shall be deemed to amend any provision of the National Security Act
    of 1947 (61 Stat. 495).

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 19, 62 Stat. 627.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Security Act of 1947 (61 Stat. 495), referred to in
    text, is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 401 of Title 50, War and National
    Defense, and Tables.

-End-



-CITE-
    50 USC APPENDIX Sec. 470                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 470. Effective date

-STATUTE-
      This title [sections 451 to 471a of this Appendix] shall become
    effective immediately; except that unless the President, or the
    Congress by concurrent resolution, declares a national emergency
    after the date of enactment of this Act [June 24, 1948], no person
    shall be inducted or ordered into active service without his
    consent under this title [said sections] within ninety days after
    the date of its enactment.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 20, 62 Stat. 627; Sept. 27,
    1950, ch. 1059, Sec. 1(14), 64 Stat. 1074; Aug. 10, 1956, ch. 1041,
    Sec. 53, 70A Stat. 641.)


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 10, 1956, repealed provisions requiring the
    Secretaries of the Army, Navy, and the Treasury to initiate and
    carry forward intensified voluntary enlistment campaigns for the
    Army, Air Force, Navy, Marine Corps, and the Coast Guard, which
    provisions are now covered by sections 3255 and 5531 of Title 10,
    Armed Forces, and section 350 of Title 14, Coast Guard.
      1950 - Act Sept. 27, 1950, struck out "and" after "Air Force" and
    inserted "and the Secretary of the Treasury, for the Coast Guard"
    after "Marine Corps".

-End-



-CITE-
    50 USC APPENDIX Sec. 471                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 471. Authority of President to order Reserve components to
      active service; release from active duty; retention of unit
      organizations and equipment

-STATUTE-
      Until July 1, 1953, and subject to the limitations imposed by
    section 2 of the Selective Service Act of 1948, as amended [section
    452 of this Appendix], the President shall be authorized to order
    into the active military or naval service of the United States for
    a period of not to exceed twenty-four consecutive months, with or
    without their consent, any or all members and units of any or all
    Reserve components of the Armed Forces of the United States and
    retired personnel of the Regular Armed Forces. Unless he is sooner
    released under regulations prescribed by the Secretary of the
    military department concerned, any member of the inactive or
    volunteer reserve who served on active duty for a period of 12
    months or more in any branch of the Armed Forces between the period
    December 7, 1941, and September 2, 1945, inclusive, who is now or
    may hereafter be ordered to active duty pursuant to this section,
    shall upon completion of 17 or more months of active duty since
    June 25, 1950, if he makes application therefor to the Secretary of
    the branch of service in which he is serving, be released from
    active duty and shall not thereafter be ordered to active duty for
    periods in excess of 30 days without his consent except in time of
    war or national emergency hereafter declared by the Congress:
    Provided, That the foregoing shall not apply to any member of the
    inactive or volunteer reserve ordered to active duty whose rating
    or specialty is found by the Secretary of the military department
    concerned to be critical and whose release to inactive duty prior
    to the period for which he was ordered to active duty would impair
    the efficiency of the military department concerned.
      The President may retain the unit organizations and the equipment
    thereof, exclusive of the individual members thereof, in the active
    Federal service for a total period of five consecutive years, and
    upon being relieved by the appropriate Secretary from active
    Federal service, National Guard, or Air National Guard units,
    shall, insofar as practicable, be returned to their National Guard
    or Air National Guard status in their respective States,
    Territories, the District of Columbia, and Puerto Rico, with
    pertinent records, colors, histories, trophies, and other
    historical impedimenta.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 21, as added June 30, 1950,
    ch. 445, Sec. 2, 64 Stat. 318; amended June 19, 1951, ch. 144,
    title I, Sec. 1(x), 65 Stat. 87; July 7, 1952, ch. 584, Sec. 1, 66
    Stat. 440.)


-MISC1-
                                AMENDMENTS                            
      1952 - Act July 7, 1952, authorized the President to retain unit
    organizations and their equipment, exclusive of individual members,
    for a period of five years.
      1951 - Act June 19, 1951, substituted "July 1, 1953" for "July 9,
    1951", "twenty-four months" for "twenty-one months", and inserted
    last sentence.


-EXEC-
          EX. ORD. NO. 10271. DELEGATION OF PRESIDENT'S AUTHORITY      
      Ex. Ord. No. 10271, July 7, 1951, 16 F.R. 6661, as amended by Ex.
    Ord. No. 13286, Sec. 80, Feb. 28, 2003, 68 F.R. 10631, provided:
      There is hereby delegated to the Secretary of Defense the
    authority vested in the President by section 21 of the Universal
    Military Training and Service Act (64 Stat. 318), as amended by the
    1951 Amendments to the Universal Military Training and Service Act
    (65 Stat. 87; Public Law 51, 82d Congress) [this section], to order
    into the active military or naval service of the United States for
    a period not to exceed twenty-four months, with or without their
    consent, any or all members and units of any or all Reserve
    components of the Armed Forces of the United States and retired
    personnel of the Regular Armed Forces: Provided, that so much of
    the authority of the President under the said section 21, as
    amended [this section], as relates to any Reserve component of the
    United States Coast Guard or to retired personnel of the Regular
    Coast Guard is hereby delegated to the Secretary of Homeland
    Security.
      The Secretary of Defense is hereby authorized to redelegate,
    subject to such conditions as the Secretary may deem appropriate,
    to the Secretaries of the Army, Navy, and Air Force such functions
    under this order as affect their respective services.

-End-



-CITE-
    50 USC APPENDIX Sec. 471a                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 471a. Procedural rights

-STATUTE-
      (a) It is hereby declared to be the purpose of this section to
    guarantee to each registrant asserting a claim before a local or
    appeal board, a fair hearing consistent with the informal and
    expeditious processing which is required by selective service
    cases.
      (b) Pursuant to such rules and regulations as the President may
    prescribe - 
      (1) Each registrant shall be afforded the opportunity to appear
    in person before the local or any appeal board of the Selective
    Service System to testify and present evidence regarding his
    status.
      (2) Subject to reasonable limitations on the number of witnesses
    and the total time allotted to each registrant, each registrant
    shall have the right to present witnesses on his behalf before the
    local board.
      (3) A quorum of any local board or appeal board shall be present
    during the registrant's personal appearance.
      (4) In the event of a decision adverse to the claim of a
    registrant, the local or appeal board making such decision shall,
    upon request, furnish to such registrant a brief written statement
    of the reasons for its decision.

-SOURCE-
    (June 24, 1948, ch. 625, title I, Sec. 22, as added Pub. L. 92-129,
    title I, Sec. 101(a)(36), Sept. 28, 1971, 85 Stat. 353.)

-End-



-CITE-
    50 USC APPENDIX Sec. 472                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 472. Period of increased service applicable to all personnel

-STATUTE-
      Wherever in this amendatory Act the period of active service for
    any category of persons is increased, such increased period of
    service shall be applicable to all persons in such category serving
    on active duty in the Armed Forces on the date of the enactment of
    this amendatory Act [June 19, 1951].

-SOURCE-
    (June 19, 1951, ch. 144, title I, Sec. 4, 65 Stat. 88.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the 1951 Amendments to the
    Universal Military Training and Service Act, and not as part of the
    Military Selective Service Act, title I of which comprises sections
    451 to 471a of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 473                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY SELECTIVE SERVICE ACT
    ACT JUNE 24, 1948, CH. 625, 62 STAT. 604

-HEAD-
    Sec. 473. Regulations governing liquor sales; penalties

-STATUTE-
      Subject to section 2683(c) of title 10, United States Code, the
    Secretary of Defense is authorized to make such regulations as he
    may deem to be appropriate governing the sale, consumption,
    possession of or traffic in beer, wine, or any other intoxicating
    liquors to or by members of the Armed Forces or the National
    Security Training Corps at or near any camp, station, post, or
    other place primarily occupied by members of the Armed Forces or
    the National Security Training Corps. Any person, corporation,
    partnership, or association who knowingly violates the regulations
    which may be made hereunder shall, unless otherwise punishable
    under the Uniform Code of Military Justice, be deemed guilty of a
    misdemeanor and be punished by a fine of not more than $1,000 or
    imprisonment for not more than twelve months, or both.

-SOURCE-
    (June 19, 1951, ch. 144, title I, Sec. 6, 65 Stat. 88; Pub. L. 99-
    145, title XII, Sec. 1224(b)(2), Nov. 8, 1985, 99 Stat. 729.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniform Code of Military Justice, referred to in text, is
    classified generally to chapter 47 (Sec. 801 et seq.) of Title 10,
    Armed Forces.

-COD-
                               CODIFICATION                           
      Section was enacted as a part of the 1951 Amendments to the
    Universal Military Training and Service Act, and not as a part of
    the Military Selective Service Act, title I of which comprises
    sections 451 to 471a of this Appendix.


-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-145 substituted "Subject to section 2683(c) of
    title 10, United States Code, the" for "The".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-145 effective 90 days after Nov. 8, 1985,
    see section 1224(d) of Pub. L. 99-145, set out as a note under
    section 2683 of Title 10, Armed Forces.

-End-


-CITE-
    50 USC APPENDIX SERVICEMEMBERS CIVIL RELIEF ACT             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT

-HEAD-
                      SERVICEMEMBERS CIVIL RELIEF ACT                  

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 17, 1940, CH. 888, 54
      STAT. 1178                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-HEAD-
                 ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178             

-MISC1-
    Sec.                                                     
    501.        Short title.                                          
    502.        Purpose.                                              

                       TITLE I - GENERAL PROVISIONS                   
    511.        Definitions.                                          
    512.        Jurisdiction and applicability of Act.                
                  (a)  Jurisdiction.                                  
                  (b)  Applicability to proceedings.                  
                  (c)  Court in which application may be made.        
    513.        Protection of persons secondarily liable.             
                  (a)  Extension of protection when actions stayed,
                        postponed, or suspended.                      
                  (b)  Vacation or set-aside of judgments.            
                  (c)  Bail bond not to be enforced during period of
                        military service.                             
                  (d)  Waiver of rights.                              
    514.        Extension of protections to citizens serving with
                 allied forces.                                       
    515.        Notification of benefits.                             
    515a.       Information for members of the Armed Forces and their
                 dependents on rights and protections of the
                 Servicemembers Civil Relief Act.                     
                  (a)  Outreach to members.                           
                  (b)  Time of provision.                             
                  (c)  Outreach to dependents.                        
                  (d)  Definitions.                                   
    516.        Extension of rights and protections to reserves
                 ordered to report for military service and to persons
                 ordered to report for induction.                     
                  (a)  Reserves ordered to report for military
                        service.                                      
                  (b)  Persons ordered to report for induction.       
    517.        Waiver of rights pursuant to written agreement.       
                  (a)  In general.                                    
                  (b)  Actions requiring waivers in writing.          
                  (c)  Prominent display of certain contract rights
                        waivers.                                      
                  (d)  Coverage of periods after orders received.     
    518.        Exercise of rights under Act not to affect certain
                 future financial transactions.                       
    519.        Legal representatives.                                
                  (a)  Representative.                                
                  (b)  Application.                                   

                         TITLE II - GENERAL RELIEF                     
    521.        Protection of servicemembers against default
                 judgments.                                           
                  (a)  Applicability of section.                      
                  (b)  Affidavit requirement.                         
                  (c)  Penalty for making or using false affidavit.   
                  (d)  Stay of proceedings.                           
                  (e)  Inapplicability of section 202 procedures.     
                  (f)  Section 202 protection.                        
                  (g)  Vacation or setting aside of default judgments.
                  (h)  Protection of bona fide purchaser.             
    522.        Stay of proceedings when servicemember has notice.    
                  (a)  Applicability of section.                      
                  (b)  Stay of proceedings.                           
                  (c)  Application not a waiver of defenses.          
                  (d)  Additional stay.                               
                  (e)  Coordination with section 201.                 
                  (f)  Inapplicability to section 301.                
    523.        Fines and penalties under contracts.                  
                  (a)  Prohibition of penalties.                      
                  (b)  Reduction or waiver of fines or penalties.     
    524.        Stay or vacation of execution of judgments,
                 attachments, and garnishments.                       
                  (a)  Court action upon material affect
                        determination.                                
                  (b)  Applicability.                                 
    525.        Duration and term of stays; codefendants not in
                 service.                                             
                  (a)  Period of stay.                                
                  (b)  Codefendants.                                  
                  (c)  Inapplicability of section.                    
    526.        Statute of limitations.                               
                  (a)  Tolling of statutes of limitation during
                        military service.                             
                  (b)  Redemption of real property.                   
                  (c)  Inapplicability to internal revenue laws.      
    527.        Maximum rate of interest on debts incurred before
                 military service.                                    
                  (a)  Interest rate limitation.                      
                  (b)  Implementation of limitation.                  
                  (c)  Creditor protection.                           
                  (d)  Interest.                                      

        TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                            ASSIGNMENT, LEASES
    531.        Evictions and distress.                               
                  (a)  Court-ordered eviction.                        
                  (b)  Stay of execution.                             
                  (c)  Penalties.                                     
                  (d)  Rent allotment from pay of servicemember.      
                  (e)  Limitation of applicability.                   
    532.        Protection under installment contracts for purchase or
                 lease.                                               
                  (a)  Protection upon breach of contract.            
                  (b)  Penalties.                                     
                  (c)  Authority of court.                            
    533.        Mortgages and trust deeds.                            
                  (a)  Mortgage as security.                          
                  (b)  Stay of proceedings and adjustment of
                        obligation.                                   
                  (c)  Sale or foreclosure.                           
                  (d)  Penalties.                                     
    534.        Settlement of stayed cases relating to personal
                 property.                                            
                  (a)  Appraisal of property.                         
                  (b)  Equity payment.                                
    535.        Termination of residential or motor vehicle leases.   
                  (a)  Termination by lessee.                         
                  (b)  Covered leases.                                
                  (c)  Manner of termination.                         
                  (d)  Effective date of lease termination.           
                  (e)  Arrearages and other obligations and
                        liabilities.                                  
                  (f)  Rent paid in advance.                          
                  (g)  Relief to lessor.                              
                  (h)  Penalties.                                     
                  (i)  Definitions.                                   
    536.        Protection of life insurance policy.                  
                  (a)  Assignment of policy protected.                
                  (b)  Exception.                                     
                  (c)  Order refused because of material affect.      
                  (d)  Treatment of guaranteed premiums.              
                  (e)  Penalties.                                     
    537.        Enforcement of storage liens.                         
                  (a)  Liens.                                         
                  (b)  Stay of proceedings.                           
                  (c)  Penalties.                                     
    538.        Extension of protections to dependents.               

                         TITLE IV - LIFE INSURANCE                     
    541.        Definitions.                                          
    542.        Insurance rights and protections.                     
                  (a)  Rights and protections.                        
                  (b)  Notification and application.                  
                  (c)  Limitation on amount.                          
    543.        Application for insurance protection.                 
                  (a)  Application procedure.                         
                  (b)  Additional requirements.                       
                  (c)  Notice to the Secretary by the insurer.        
                  (d)  Policy modification.                           
    544.        Policies entitled to protection and lapse of policies.
                  (a)  Determination.                                 
                  (b)  Lapse protection.                              
                  (c)  Time application.                              
    545.        Policy restrictions.                                  
                  (a)  Dividends.                                     
                  (b)  Specific restrictions.                         
    546.        Deduction of unpaid premiums.                         
                  (a)  Settlement of proceeds.                        
                  (b)  Interest rate.                                 
                  (c)  Reporting requirement.                         
    547.        Premiums and interest guaranteed by United States.    
                  (a)  Guarantee of premiums and interest by the
                        United States.                                
                  (b)  Recovery from insured of amounts paid by the
                        United States.                                
                  (c)  Crediting of amounts recovered.                
    548.        Regulations.                                          
    549.        Review of findings of fact and conclusions of law.    

                     TITLE V - TAXES AND PUBLIC LANDS                 
    561.        Taxes respecting personal property, money, credits,
                 and real property.                                   
                  (a)  Application.                                   
                  (b)  Sale of property.                              
                  (c)  Redemption.                                    
                  (d)  Interest on tax or assessment.                 
                  (e)  Joint ownership application.                   
    562.        Rights in public lands.                               
                  (a)  Rights not forfeited.                          
                  (b)  Temporary suspension of permits or licenses.   
                  (c)  Regulations.                                   
    563.        Desert-land entries.                                  
                  (a)  Desert-land rights not forfeited.              
                  (b)  Service-related disability.                    
                  (c)  Filing requirement.                            
    564.        Mining claims.                                        
                  (a)  Requirements suspended.                        
                  (b)  Requirements.                                  
                  (c)  Period of protection from forfeiture.          
                  (d)  Filing requirement.                            
    565.        Mineral permits and leases.                           
                  (a)  Suspension during military service.            
                  (b)  Notification.                                  
                  (c)  Contract modification.                         
    566.        Perfection or defense of rights.                      
                  (a)  Right to take action not affected.             
                  (b)  Affidavits and proofs.                         
    567.        Distribution of information concerning benefits of
                 title.                                               
                  (a)  Distribution of information by Secretary
                        concerned.                                    
                  (b)  Application forms.                             
                  (c)  Information from Secretary of the Interior.    
    568.        Land rights of servicemembers.                        
                  (a)  No age limitations.                            
                  (b)  Residency requirement.                         
                  (c)  Entry applications.                            
    569.        Regulations.                                          
    570.        Income taxes.                                         
                  (a)  Deferral of tax.                               
                  (b)  Accrual of interest or penalty.                
                  (c)  Statute of limitations.                        
                  (d)  Application limitation.                        
    571.        Residence for tax purposes.                           
                  (a)  Residence or domicile.                         
                  (b)  Military service compensation.                 
                  (c)  Personal property.                             
                  (d)  Increase of tax liability.                     
                  (e)  Federal Indian reservations.                   
                  (f)  Definitions.                                   

                    TITLE VI - ADMINISTRATIVE REMEDIES                
    581.        Inappropriate use of Act.                             
    582.        Certificates of service; persons reported missing.    
                  (a)  Prima facie evidence.                          
                  (b)  Certificates.                                  
                  (c)  Treatment of servicemembers in missing status. 
    583.        Interlocutory orders.                                 

                        TITLE VII - FURTHER RELIEF                    
    591.        Anticipatory relief.                                  
                  (a)  Application for relief.                        
                  (b)  Tax liability or assessment.                   
                  (c)  Affect of stay on fine or penalty.             
    592.        Power of attorney.                                    
                  (a)  Automatic extension.                           
                  (b)  Limitation on power of attorney extension.     
    593.        Professional liability protection.                    
                  (a)  Applicability.                                 
                  (b)  Suspension of coverage.                        
                  (c)  Reinstatement of coverage.                     
                  (d)  Increase in premium.                           
                  (e)  Continuation of coverage of unaffected persons.
                  (f)  Stay of civil or administrative actions.       
                  (g)  Effect of suspension upon limitations period.  
                  (h)  Death during period of suspension.             
                  (i)  Definitions.                                   
    594.        Health insurance reinstatement.                       
                  (a)  Reinstatement of health insurance.             
                  (b)  No exclusion or waiting period.                
                  (c)  Exceptions.                                    
                  (d)  Time for applying for reinstatement.           
    595.        Guarantee of residency for military personnel.        
    596.        Business or trade obligations.                        
                  (a)  Availability of non-business assets to satisfy
                        obligations.                                  
                  (b)  Relief to obligors.                            

-COD-
                               CODIFICATION                           
      The Servicemembers Civil Relief Act, comprising sections 501 to
    515 and 516 to 596 of this Appendix, was originally enacted as act
    Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers' and
    Sailors' Civil Relief Act of 1940, and amended by acts Oct. 6,
    1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722;
    Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66
    Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85-857,
    Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86-721, Sept. 8, 1960, 74
    Stat. 820; Pub. L. 87-771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 89-
    358, Mar. 3, 1966, 80 Stat. 12; Pub. L. 92-540, Oct. 24, 1972, 86
    Stat. 1074; Pub. L. 102-12, Mar. 18, 1991, 105 Stat. 34; Pub. L.
    104-106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 107-107, Dec. 28,
    2001, 115 Stat. 1012; Pub. L. 107-330, Dec. 6, 2002, 116 Stat.
    2820. Sections of the act Oct. 17, 1940, are shown herein, however,
    as having been added by Pub. L. 108-189, Sec. 1, Dec. 19, 2003, 117
    Stat. 2835, without reference to the intervening amendments listed
    above because of the extensive revision of act Oct. 17, 1940, by
    Pub. L. 108-189.


-MISC2-
              SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1918          
      Former provisions on this subject were contained in act Mar. 8,
    1918, ch. 20, 40 Stat. 440, known as the Soldiers' and Sailors'
    Civil Relief Act of 1918, section 101 et seq. of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 501                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-HEAD-
    Sec. 501. Short title

-STATUTE-
      This Act [sections 501 to 596 of this Appendix] may be cited as
    the "Servicemembers Civil Relief Act".

-SOURCE-
    (Oct. 17, 1940, ch. 888, Sec. 1(a), as added Pub. L. 108-189, Sec.
    1, Dec. 19, 2003, 117 Stat. 2835.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 501, act Oct. 17, 1940, ch. 888, Sec. 1, 54 Stat.
    1178, provided that this Act could be cited as the Soldiers' and
    Sailors' Relief Act of 1940, prior to the general amendment of this
    Act by Pub. L. 108-189.

                              EFFECTIVE DATE                          
      Pub. L. 108-189, Sec. 3, Dec. 19, 2003, 117 Stat. 2866, provided
    that: "The amendment made by section 1 [enacting sections 501 to
    515 and 516 to 596 of this Appendix] shall apply to any case that
    is not final before the date of the enactment of this Act [Dec. 19,
    2003]."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-12, Sec. 1, Mar. 18, 1991, 105 Stat. 34, provided
    that: "This Act [enacting sections 518, 592, and 593 of this
    Appendix, amending sections 511 to 513, 515, 516, 525, 526, 530 to
    532, 534, 535, 540 to 545, 547, 564 to 567, 570, 574, 580, 581,
    584, and 591 of this Appendix and sections 2021 and 2024 of Title
    38, Veterans' Benefits, repealing section 548 of this Appendix, and
    enacting provisions set out as notes under sections 521 and 530 of
    this Appendix and sections 2021 and 2024 of Title 38] may be cited
    as the 'Soldiers' and Sailors' Civil Relief Act Amendments of
    1991'."

                       SHORT TITLE OF 1942 AMENDMENT                   
      Act Oct. 6, 1942, ch. 581, Sec. 1, 56 Stat. 769, provided: "That
    this Act [enacting sections 514 to 517, 526, 533 to 536, 574, and
    590 of this Appendix and amending sections 513, 525, 530 to 532,
    540 to 548, 560, 569, and 572 of this Appendix] may be cited as the
    'Soldiers' and Sailors' Civil Relief Act Amendments of 1942'."

-End-



-CITE-
    50 USC APPENDIX Sec. 502                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178

-HEAD-
    Sec. 502. Purpose

-STATUTE-
      The purposes of this Act [sections 501 to 515 and 516 to 596 of
    this Appendix] are - 
        (1) to provide for, strengthen, and expedite the national
      defense through protection extended by this Act to servicemembers
      of the United States to enable such persons to devote their
      entire energy to the defense needs of the Nation; and
        (2) to provide for the temporary suspension of judicial and
      administrative proceedings and transactions that may adversely
      affect the civil rights of servicemembers during their military
      service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, Sec. 2, as added Pub. L. 108-189, Sec. 1,
    Dec. 19, 2003, 117 Stat. 2836.)

-End-


-CITE-
    50 USC APPENDIX TITLE I - GENERAL PROVISIONS                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
                       TITLE I - GENERAL PROVISIONS                   


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 510, act Oct. 17, 1940, ch. 888, art. I, Sec.
    100, 54 Stat. 1179, stated purpose of this Act, prior to the
    general amendment of this Act by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 511                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 511. Definitions

-STATUTE-
      For the purposes of this Act [sections 501 to 515 and 516 to 596
    of this Appendix]:
      (1) Servicemember
        The term "servicemember" means a member of the uniformed
      services, as that term is defined in section 101(a)(5) of title
      10, United States Code.
      (2) Military service
        The term "military service" means - 
          (A) in the case of a servicemember who is a member of the
        Army, Navy, Air Force, Marine Corps, or Coast Guard - 
            (i) active duty, as defined in section 101(d)(1) of title
          10, United States Code, and
            (ii) in the case of a member of the National Guard,
          includes service under a call to active service authorized by
          the President or the Secretary of Defense for a period of
          more than 30 consecutive days under section 502(f) of title
          32, United States Code, for purposes of responding to a
          national emergency declared by the President and supported by
          Federal funds;

          (B) in the case of a servicemember who is a commissioned
        officer of the Public Health Service or the National Oceanic
        and Atmospheric Administration, active service; and
          (C) any period during which a servicemember is absent from
        duty on account of sickness, wounds, leave, or other lawful
        cause.
      (3) Period of military service
        The term "period of military service" means the period
      beginning on the date on which a servicemember enters military
      service and ending on the date on which the servicemember is
      released from military service or dies while in military service.
      (4) Dependent
        The term "dependent", with respect to a servicemember, means - 
          (A) the servicemember's spouse;
          (B) the servicemember's child (as defined in section 101(4)
        of title 38, United States Code); or
          (C) an individual for whom the servicemember provided more
        than one-half of the individual's support for 180 days
        immediately preceding an application for relief under this Act.
      (5) Court
        The term "court" means a court or an administrative agency of
      the United States or of any State (including any political
      subdivision of a State), whether or not a court or administrative
      agency of record.
      (6) State
        The term "State" includes - 
          (A) a commonwealth, territory, or possession of the United
        States; and
          (B) the District of Columbia.
      (7) Secretary concerned
        The term "Secretary concerned" - 
          (A) with respect to a member of the armed forces, has the
        meaning given that term in section 101(a)(9) of title 10,
        United States Code;
          (B) with respect to a commissioned officer of the Public
        Health Service, means the Secretary of Health and Human
        Services; and
          (C) with respect to a commissioned officer of the National
        Oceanic and Atmospheric Administration, means the Secretary of
        Commerce.
      (8) Motor vehicle
        The term "motor vehicle" has the meaning given that term in
      section 30102(a)(6) of title 49, United States Code.
      (9) Judgment
        The term "judgment" means any judgment, decree, order, or
      ruling, final or temporary.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 101, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2836; amended Pub. L. 108-
    454, title VII, Sec. 701, Dec. 10, 2004, 118 Stat. 3624.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 511, acts Oct. 17, 1940, ch. 888, art. I, Sec.
    101, 54 Stat. 1179; Pub. L. 92-540, title V, Sec. 504(1), Oct. 24,
    1972, 86 Stat. 1098; Pub. L. 102-12, Sec. 9(1), Mar. 18, 1991, 105
    Stat. 38; Pub. L. 107-330, title III, Sec. 305, Dec. 6, 2002, 116
    Stat. 2826, related to definitions, prior to the general amendment
    of this Act by Pub. L. 108-189.

                                AMENDMENTS                            
      2004 - Par. (9). Pub. L. 108-454 added par. (9).

-End-



-CITE-
    50 USC APPENDIX Sec. 512                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 512. Jurisdiction and applicability of Act

-STATUTE-
    (a) Jurisdiction
      This Act [sections 501 to 515 and 516 to 596 of this Appendix]
    applies to - 
        (1) the United States;
        (2) each of the States, including the political subdivisions
      thereof; and
        (3) all territory subject to the jurisdiction of the United
      States.
    (b) Applicability to proceedings
      This Act [sections 501 to 515 and 516 to 596 of this Appendix]
    applies to any judicial or administrative proceeding commenced in
    any court or agency in any jurisdiction subject to this Act. This
    Act does not apply to criminal proceedings.
    (c) Court in which application may be made
      When under this Act [sections 501 to 515 and 516 to 596 of this
    Appendix] any application is required to be made to a court in
    which no proceeding has already been commenced with respect to the
    matter, such application may be made to any court which would
    otherwise have jurisdiction over the matter.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 102, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2837.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 512, acts Oct. 17, 1940, ch. 888, art. I, Sec.
    102, 54 Stat. 1179; Pub. L. 102-12, Sec. 9(2), Mar. 18, 1991, 105
    Stat. 39, related to territorial application, jurisdiction of
    courts, and form of procedure, prior to the general amendment of
    this Act by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 513                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 513. Protection of persons secondarily liable

-STATUTE-
    (a) Extension of protection when actions stayed, postponed, or
      suspended
      Whenever pursuant to this Act [sections 501 to 515 and 516 to 596
    of this Appendix] a court stays, postpones, or suspends (1) the
    enforcement of an obligation or liability, (2) the prosecution of a
    suit or proceeding, (3) the entry or enforcement of an order, writ,
    judgment, or decree, or (4) the performance of any other act, the
    court may likewise grant such a stay, postponement, or suspension
    to a surety, guarantor, endorser, accommodation maker, comaker, or
    other person who is or may be primarily or secondarily subject to
    the obligation or liability the performance or enforcement of which
    is stayed, postponed, or suspended.
    (b) Vacation or set-aside of judgments
      When a judgment or decree is vacated or set aside, in whole or in
    part, pursuant to this Act [sections 501 to 515 and 516 to 596 of
    this Appendix], the court may also set aside or vacate, as the case
    may be, the judgment or decree as to a surety, guarantor, endorser,
    accommodation maker, comaker, or other person who is or may be
    primarily or secondarily liable on the contract or liability for
    the enforcement of the judgment or decree.
    (c) Bail bond not to be enforced during period of military service
      A court may not enforce a bail bond during the period of military
    service of the principal on the bond when military service prevents
    the surety from obtaining the attendance of the principal. The
    court may discharge the surety and exonerate the bail, in
    accordance with principles of equity and justice, during or after
    the period of military service of the principal.
    (d) Waiver of rights
      (1) Waivers not precluded
        This Act [sections 501 to 515 and 516 to 596 of this Appendix]
      does not prevent a waiver in writing by a surety, guarantor,
      endorser, accommodation maker, comaker, or other person (whether
      primarily or secondarily liable on an obligation or liability) of
      the protections provided under subsections (a) and (b). Any such
      waiver is effective only if it is executed as an instrument
      separate from the obligation or liability with respect to which
      it applies.
      (2) Waiver invalidated upon entrance to military service
        If a waiver under paragraph (1) is executed by an individual
      who after the execution of the waiver enters military service, or
      by a dependent of an individual who after the execution of the
      waiver enters military service, the waiver is not valid after the
      beginning of the period of such military service unless the
      waiver was executed by such individual or dependent during the
      period specified in section 106 [section 516 of this Appendix].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 103, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2838.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 513, acts Oct. 17, 1940, ch. 888, art. I, Sec.
    103, 54 Stat. 1179; Oct. 6, 1942, ch. 581, Secs. 2, 3, 56 Stat.
    769; Pub. L. 102-12, Sec. 9(3), Mar. 18, 1991, 105 Stat. 39,
    related to protection of persons secondarily liable, prior to the
    general amendment of this Act by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 514                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 514. Extension of protections to citizens serving with allied
      forces

-STATUTE-
      A citizen of the United States who is serving with the forces of
    a nation with which the United States is allied in the prosecution
    of a war or military action is entitled to the relief and
    protections provided under this Act [sections 501 to 515 and 516 to
    596 of this Appendix] if that service with the allied force is
    similar to military service as defined in this Act. The relief and
    protections provided to such citizen shall terminate on the date of
    discharge or release from such service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 104, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2839.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 514, act Oct. 17, 1940, ch. 888, art. I, Sec.
    104, as added Oct. 6, 1942, ch. 581, Sec. 4, 56 Stat. 770, related
    to extension of benefits to citizens serving with forces of war
    allies, prior to the general amendment of this Act by Pub. L. 108-
    189.

-End-



-CITE-
    50 USC APPENDIX Sec. 515                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 515. Notification of benefits

-STATUTE-
      The Secretary concerned shall ensure that notice of the benefits
    accorded by this Act [sections 501 to 515 and 516 to 596 of this
    Appendix] is provided in writing to persons in military service and
    to persons entering military service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 105, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2839.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 515, act Oct. 17, 1940, ch. 888, art. I, Sec.
    105, as added Oct. 6, 1942, ch. 581, Sec. 4, 56 Stat. 770; amended
    Pub. L. 102-12, Sec. 9(4), Mar. 18, 1991, 105 Stat. 39, related to
    notice of benefits to persons in and persons entering military
    service, prior to the general amendment of this Act by Pub. L. 108-
    189.

-End-



-CITE-
    50 USC APPENDIX Sec. 515a                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 515a. Information for members of the Armed Forces and their
      dependents on rights and protections of the Servicemembers Civil
      Relief Act

-STATUTE-
    (a) Outreach to members
      The Secretary concerned shall provide to each member of the Armed
    Forces under the jurisdiction of the Secretary pertinent
    information on the rights and protections available to members and
    their dependents under the Servicemembers Civil Relief Act (50
    U.S.C. App. 501 et seq.).
    (b) Time of provision
      The information required to be provided under subsection (a) to a
    member shall be provided at the following times:
        (1) During the initial orientation training of the member.
        (2) In the case of a member of a reserve component, during the
      initial orientation training of the member and when the member is
      mobilized or otherwise individually called or ordered to active
      duty for a period of more than one year.
        (3) At such other times as the Secretary concerned considers
      appropriate.
    (c) Outreach to dependents
      The Secretary concerned may provide to the adult dependents of
    members under the jurisdiction of the Secretary pertinent
    information on the rights and protections available to members and
    their dependents under the Servicemembers Civil Relief Act.
    (d) Definitions
      In this section, the terms "dependent" and "Secretary concerned"
    have the meanings given such terms in section 101 of the
    Servicemembers Civil Relief Act (50 U.S.C. App. 511).

-SOURCE-
    (Pub. L. 109-163, div. A, title VI, Sec. 690, Jan. 6, 2006, 119
    Stat. 3337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Servicemembers Civil Relief Act, referred to in subsecs. (a)
    and (c), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended,
    which is classified to section 501 et seq. of this Appendix. For
    complete classification of this Act to the Code, see section 501 of
    this Appendix and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 2006, and not as part of the Servicemembers
    Civil Relief Act which comprises sections 501 to 515 and 516 to 596
    of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 516                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 516. Extension of rights and protections to reserves ordered
      to report for military service and to persons ordered to report
      for induction

-STATUTE-
    (a) Reserves ordered to report for military service
      A member of a reserve component who is ordered to report for
    military service is entitled to the rights and protections of this
    title and titles II and III [sections 511 to 515, 516 to 519, 521
    to 527, and 531 to 538 of this Appendix] during the period
    beginning on the date of the member's receipt of the order and
    ending on the date on which the member reports for military service
    (or, if the order is revoked before the member so reports, or the
    date on which the order is revoked).
    (b) Persons ordered to report for induction
      A person who has been ordered to report for induction under the
    Military Selective Service Act (50 U.S.C. App. 451 et seq.) is
    entitled to the rights and protections provided a servicemember
    under this title and titles II and III [sections 511 to 515, 516 to
    519, 521 to 527, and 531 to 538 of this Appendix] during the period
    beginning on the date of receipt of the order for induction and
    ending on the date on which the person reports for induction (or,
    if the order to report for induction is revoked before the date on
    which the person reports for induction, on the date on which the
    order is revoked).

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 106, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2839.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Military Selective Service Act, referred to in subsec. (b),
    is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is
    classified principally to section 451 et seq. of this Appendix. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 451 of this Appendix and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 516, act Oct. 17, 1940, ch. 888, art. I, Sec.
    106, as added Oct. 6, 1942, ch. 581, Sec. 4, 56 Stat. 770; amended
    Pub. L. 102-12, Sec. 9(5), Mar. 18, 1991, 105 Stat. 39, related to
    extension of benefits to persons ordered to report for induction or
    military service, prior to the general amendment of this Act by
    Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 517                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 517. Waiver of rights pursuant to written agreement

-STATUTE-
    (a) In general
      A servicemember may waive any of the rights and protections
    provided by this Act [sections 501 to 515 and 516 to 596 of this
    Appendix]. Any such waiver that applies to an action listed in
    subsection (b) of this section is effective only if it is in
    writing and is executed as an instrument separate from the
    obligation or liability to which it applies. In the case of a
    waiver that permits an action described in subsection (b), the
    waiver is effective only if made pursuant to a written agreement of
    the parties that is executed during or after the servicemember's
    period of military service. The written agreement shall specify the
    legal instrument to which the waiver applies and, if the
    servicemember is not a party to that instrument, the servicemember
    concerned.
    (b) Actions requiring waivers in writing
      The requirement in subsection (a) for a written waiver applies to
    the following:
        (1) The modification, termination, or cancellation of - 
          (A) a contract, lease, or bailment; or
          (B) an obligation secured by a mortgage, trust, deed, lien,
        or other security in the nature of a mortgage.

        (2) The repossession, retention, foreclosure, sale, forfeiture,
      or taking possession of property that - 
          (A) is security for any obligation; or
          (B) was purchased or received under a contract, lease, or
        bailment.
    (c) Prominent display of certain contract rights waivers
      Any waiver in writing of a right or protection provided by this
    Act [sections 501 to 515 and 516 to 596 of this Appendix] that
    applies to a contract, lease, or similar legal instrument must be
    in at least 12 point type.
    (d) Coverage of periods after orders received
      For the purposes of this section - 
        (1) a person to whom section 106 [section 516 of this Appendix]
      applies shall be considered to be a servicemember; and
        (2) the period with respect to such a person specified in
      subsection (a) or (b), as the case may be, of section 106
      [section 516 of this Appendix] shall be considered to be a period
      of military service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 107, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108-
    454, title VII, Sec. 702, Dec. 10, 2004, 118 Stat. 3624.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 517, act Oct. 17, 1940, ch. 888, art. I, Sec.
    107, as added Oct. 6, 1942, ch. 581, Sec. 4, 56 Stat. 770, related
    to effect on rights and remedies pursuant to written agreements
    entered after commencement of military service, prior to the
    general amendment of this Act by Pub. L. 108-189.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-454, Sec. 702(1), inserted after
    first sentence: "Any such waiver that applies to an action listed
    in subsection (b) of this section is effective only if it is in
    writing and is executed as an instrument separate from the
    obligation or liability to which it applies."
      Subsecs. (c), (d). Pub. L. 108-454, Sec. 702(2), (3), added
    subsec. (c) and redesignated former subsec. (c) as (d).

-End-



-CITE-
    50 USC APPENDIX Sec. 518                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 518. Exercise of rights under Act not to affect certain future
      financial transactions

-STATUTE-
      Application by a servicemember for, or receipt by a servicemember
    of, a stay, postponement, or suspension pursuant to this Act
    [sections 501 to 515 and 516 to 596 of this Appendix] in the
    payment of a tax, fine, penalty, insurance premium, or other civil
    obligation or liability of that servicemember shall not itself
    (without regard to other considerations) provide the basis for any
    of the following:
        (1) A determination by a lender or other person that the
      servicemember is unable to pay the civil obligation or liability
      in accordance with its terms.
        (2) With respect to a credit transaction between a creditor and
      the servicemember - 
          (A) a denial or revocation of credit by the creditor;
          (B) a change by the creditor in the terms of an existing
        credit arrangement; or
          (C) a refusal by the creditor to grant credit to the
        servicemember in substantially the amount or on substantially
        the terms requested.

        (3) An adverse report relating to the creditworthiness of the
      servicemember by or to a person engaged in the practice of
      assembling or evaluating consumer credit information.
        (4) A refusal by an insurer to insure the servicemember.
        (5) An annotation in a servicemember's record by a creditor or
      a person engaged in the practice of assembling or evaluating
      consumer credit information, identifying the servicemember as a
      member of the National Guard or a reserve component.
        (6) A change in the terms offered or conditions required for
      the issuance of insurance.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 108, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2840.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 518, act Oct. 17, 1940, ch. 888, art. I, Sec.
    108, as added Pub. L. 102-12, Sec. 7, Mar. 18, 1991, 105 Stat. 38,
    related to the effect of certain future financial transactions on
    the exercise of rights, prior to the general amendment of this Act
    by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 519                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Sec. 519. Legal representatives

-STATUTE-
    (a) Representative
      A legal representative of a servicemember for purposes of this
    Act [sections 501 to 515 and 516 to 596 of this Appendix] is either
    of the following:
        (1) An attorney acting on the behalf of a servicemember.
        (2) An individual possessing a power of attorney.
    (b) Application
      Whenever the term "servicemember" is used in this Act [sections
    501 to 515 and 516 to 596 of this Appendix], such term shall be
    treated as including a reference to a legal representative of the
    servicemember.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title I, Sec. 109, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2840.)

-End-


-CITE-
    50 USC APPENDIX TITLE II - GENERAL RELIEF                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
                         TITLE II - GENERAL RELIEF                     


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 520, acts Oct. 17, 1940, ch. 888, art. II, Sec.
    200, 54 Stat. 1180; Pub. L. 86-721, Secs. 1, 2, Sept. 8, 1960, 74
    Stat. 820, related to default judgments, affidavits, bonds, and
    attorneys for persons in service, prior to the general amendment of
    this Act by Pub. L. 108-189. See section 521 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 521                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 521. Protection of servicemembers against default judgments

-STATUTE-
    (a) Applicability of section
      This section applies to any civil action or proceeding in which
    the defendant does not make an appearance.
    (b) Affidavit requirement
      (1) Plaintiff to file affidavit
        In any action or proceeding covered by this section, the court,
      before entering judgment for the plaintiff, shall require the
      plaintiff to file with the court an affidavit - 
          (A) stating whether or not the defendant is in military
        service and showing necessary facts to support the affidavit;
        or
          (B) if the plaintiff is unable to determine whether or not
        the defendant is in military service, stating that the
        plaintiff is unable to determine whether or not the defendant
        is in military service.
      (2) Appointment of attorney to represent defendant in military
        service
        If in an action covered by this section it appears that the
      defendant is in military service, the court may not enter a
      judgment until after the court appoints an attorney to represent
      the defendant. If an attorney appointed under this section to
      represent a servicemember cannot locate the servicemember,
      actions by the attorney in the case shall not waive any defense
      of the servicemember or otherwise bind the servicemember.
      (3) Defendant's military status not ascertained by affidavit
        If based upon the affidavits filed in such an action, the court
      is unable to determine whether the defendant is in military
      service, the court, before entering judgment, may require the
      plaintiff to file a bond in an amount approved by the court. If
      the defendant is later found to be in military service, the bond
      shall be available to indemnify the defendant against any loss or
      damage the defendant may suffer by reason of any judgment for the
      plaintiff against the defendant, should the judgment be set aside
      in whole or in part. The bond shall remain in effect until
      expiration of the time for appeal and setting aside of a judgment
      under applicable Federal or State law or regulation or under any
      applicable ordinance of a political subdivision of a State. The
      court may issue such orders or enter such judgments as the court
      determines necessary to protect the rights of the defendant under
      this Act [sections 501 to 515 and 516 to 596 of this Appendix].
      (4) Satisfaction of requirement for affidavit
        The requirement for an affidavit under paragraph (1) may be
      satisfied by a statement, declaration, verification, or
      certificate, in writing, subscribed and certified or declared to
      be true under penalty of perjury.
    (c) Penalty for making or using false affidavit
      A person who makes or uses an affidavit permitted under
    subsection (b) (or a statement, declaration, verification, or
    certificate as authorized under subsection (b)(4)) knowing it to be
    false, shall be fined as provided in title 18, United States Code,
    or imprisoned for not more than one year, or both.
    (d) Stay of proceedings
      In an action covered by this section in which the defendant is in
    military service, the court shall grant a stay of proceedings for a
    minimum period of 90 days under this subsection upon application of
    counsel, or on the court's own motion, if the court determines that
    - 
        (1) there may be a defense to the action and a defense cannot
      be presented without the presence of the defendant; or
        (2) after due diligence, counsel has been unable to contact the
      defendant or otherwise determine if a meritorious defense exists.
    (e) Inapplicability of section 202 procedures
      A stay of proceedings under subsection (d) shall not be
    controlled by procedures or requirements under section 202 [section
    522 of this Appendix].
    (f) Section 202 protection
      If a servicemember who is a defendant in an action covered by
    this section receives actual notice of the action, the
    servicemember may request a stay of proceeding under section 202
    [section 522 of this Appendix].
    (g) Vacation or setting aside of default judgments
      (1) Authority for court to vacate or set aside judgment
        If a default judgment is entered in an action covered by this
      section against a servicemember during the servicemember's period
      of military service (or within 60 days after termination of or
      release from such military service), the court entering the
      judgment shall, upon application by or on behalf of the
      servicemember, reopen the judgment for the purpose of allowing
      the servicemember to defend the action if it appears that - 
          (A) the servicemember was materially affected by reason of
        that military service in making a defense to the action; and
          (B) the servicemember has a meritorious or legal defense to
        the action or some part of it.
      (2) Time for filing application
        An application under this subsection must be filed not later
      than 90 days after the date of the termination of or release from
      military service.
    (h) Protection of bona fide purchaser
      If a court vacates, sets aside, or reverses a default judgment
    against a servicemember and the vacating, setting aside, or
    reversing is because of a provision of this Act [sections 501 to
    515 and 516 to 596 of this Appendix], that action shall not impair
    a right or title acquired by a bona fide purchaser for value under
    the default judgment.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 201, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2840.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 521, act Oct. 17, 1940, ch. 888, art. II, Sec.
    201, 54 Stat. 1181, related to stay of proceedings where military
    service affects conduct thereof, prior to the general amendment of
    this Act by Pub. L. 108-189. See section 522 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 522                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 522. Stay of proceedings when servicemember has notice

-STATUTE-
    (a) Applicability of section
      This section applies to any civil action or proceeding in which
    the plaintiff or defendant at the time of filing an application
    under this section - 
        (1) is in military service or is within 90 days after
      termination of or release from military service; and
        (2) has received notice of the action or proceeding.
    (b) Stay of proceedings
      (1) Authority for stay
        At any stage before final judgment in a civil action or
      proceeding in which a servicemember described in subsection (a)
      is a party, the court may on its own motion and shall, upon
      application by the servicemember, stay the action for a period of
      not less than 90 days, if the conditions in paragraph (2) are
      met.
      (2) Conditions for stay
        An application for a stay under paragraph (1) shall include the
      following:
          (A) A letter or other communication setting forth facts
        stating the manner in which current military duty requirements
        materially affect the servicemember's ability to appear and
        stating a date when the servicemember will be available to
        appear.
          (B) A letter or other communication from the servicemember's
        commanding officer stating that the servicemember's current
        military duty prevents appearance and that military leave is
        not authorized for the servicemember at the time of the letter.
    (c) Application not a waiver of defenses
      An application for a stay under this section does not constitute
    an appearance for jurisdictional purposes and does not constitute a
    waiver of any substantive or procedural defense (including a
    defense relating to lack of personal jurisdiction).
    (d) Additional stay
      (1) Application
        A servicemember who is granted a stay of a civil action or
      proceeding under subsection (b) may apply for an additional stay
      based on continuing material affect of military duty on the
      servicemember's ability to appear. Such an application may be
      made by the servicemember at the time of the initial application
      under subsection (b) or when it appears that the servicemember is
      unavailable to prosecute or defend the action. The same
      information required under subsection (b)(2) shall be included in
      an application under this subsection.
      (2) Appointment of counsel when additional stay refused
        If the court refuses to grant an additional stay of proceedings
      under paragraph (1), the court shall appoint counsel to represent
      the servicemember in the action or proceeding.
    (e) Coordination with section 201
      A servicemember who applies for a stay under this section and is
    unsuccessful may not seek the protections afforded by section 201
    [section 521 of this Appendix].
    (f) Inapplicability to section 301
      The protections of this section do not apply to section 301
    [section 531 of this Appendix].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 202, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108-
    454, title VII, Sec. 703, Dec. 10, 2004, 118 Stat. 3624.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 522, act Oct. 17, 1940, ch. 888, art. II, Sec.
    202, 54 Stat. 1181, related to fines and penalties on contracts,
    prior to the general amendment of this Act by Pub. L. 108-189. See
    section 523 of this Appendix.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-454 inserted "plaintiff or"
    before "defendant" in introductory provisions.

                       STAY OF JUDICIAL PROCEEDINGS                   
      Pub. L. 102-12, Sec. 6, Mar. 18, 1991, 105 Stat. 37, provided
    that:
      "(a) Stay of Action or Proceeding. - In any judicial action or
    proceeding (other than a criminal proceeding) in which a member of
    the Armed Forces described in subsection (b) is involved (either as
    plaintiff or defendant), the court shall, upon application by such
    member (or some other person on the member's behalf) at any stage
    before final judgment is entered, stay the action or proceeding
    until a date after June 30, 1991.
      "(b) Members Covered. - A member of the Armed Forces is covered
    by subsection (a) if at the time of application for the stay of a
    judicial action or proceeding the member - 
        "(1) is on active duty; and
        "(2) is serving outside the State in which the court having
      jurisdiction over the action or proceeding is located.
      "(c) Definition. - For purposes of this section, the term 'State'
    includes the District of Columbia, the Commonwealth of Puerto Rico,
    the Virgin Islands, and Guam."

-End-



-CITE-
    50 USC APPENDIX Sec. 523                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 523. Fines and penalties under contracts

-STATUTE-
    (a) Prohibition of penalties
      When an action for compliance with the terms of a contract is
    stayed pursuant to this Act [sections 501 to 515 and 516 to 596 of
    this Appendix], a penalty shall not accrue for failure to comply
    with the terms of the contract during the period of the stay.
    (b) Reduction or waiver of fines or penalties
      If a servicemember fails to perform an obligation arising under a
    contract and a penalty is incurred arising from that
    nonperformance, a court may reduce or waive the fine or penalty if -
     
        (1) the servicemember was in military service at the time the
      fine or penalty was incurred; and
        (2) the ability of the servicemember to perform the obligation
      was materially affected by such military service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 203, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2843.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 523, act Oct. 17, 1940, ch. 888, art. II, Sec.
    203, 54 Stat. 1181, related to stay or vacation of execution of
    judgments and attachments, prior to the general amendment of this
    Act by Pub. L. 108-189. See section 524 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 524                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 524. Stay or vacation of execution of judgments, attachments,
      and garnishments

-STATUTE-
    (a) Court action upon material affect determination
      If a servicemember, in the opinion of the court, is materially
    affected by reason of military service in complying with a court
    judgment or order, the court may on its own motion and shall on
    application by the servicemember - 
        (1) stay the execution of any judgment or order entered against
      the servicemember; and
        (2) vacate or stay an attachment or garnishment of property,
      money, or debts in the possession of the servicemember or a third
      party, whether before or after judgment.
    (b) Applicability
      This section applies to an action or proceeding commenced in a
    court against a servicemember before or during the period of the
    servicemember's military service or within 90 days after such
    service terminates.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 204, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2843.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 524, act Oct. 17, 1940, ch. 888, art. II, Sec.
    204, 54 Stat. 1181, related to duration and term of stays and
    codefendants not in service, prior to the general amendment of this
    Act by Pub. L. 108-189. See section 525 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 525                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 525. Duration and term of stays; codefendants not in service

-STATUTE-
    (a) Period of stay
      A stay of an action, proceeding, attachment, or execution made
    pursuant to the provisions of this Act [sections 501 to 515 and 516
    to 596 of this Appendix] by a court may be ordered for the period
    of military service and 90 days thereafter, or for any part of that
    period. The court may set the terms and amounts for such
    installment payments as is considered reasonable by the court.
    (b) Codefendants
      If the servicemember is a codefendant with others who are not in
    military service and who are not entitled to the relief and
    protections provided under this Act [sections 501 to 515 and 516 to
    596 of this Appendix], the plaintiff may proceed against those
    other defendants with the approval of the court.
    (c) Inapplicability of section
      This section does not apply to sections 202 and 701 [sections 522
    and 591 of this Appendix].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 205, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2844.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 525, acts Oct. 17, 1940, ch. 888, art. II, Sec.
    205, 54 Stat. 1181; Oct. 6, 1942, ch. 581, Sec. 5, 56 Stat. 770;
    Pub. L. 102-12, Sec. 9(6), Mar. 18, 1991, 105 Stat. 39, related to
    statutes of limitations as affected by period of service, prior to
    the general amendment of this Act by Pub. L. 108-189. See section
    526 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 526                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 526. Statute of limitations

-STATUTE-
    (a) Tolling of statutes of limitation during military service
      The period of a servicemember's military service may not be
    included in computing any period limited by law, regulation, or
    order for the bringing of any action or proceeding in a court, or
    in any board, bureau, commission, department, or other agency of a
    State (or political subdivision of a State) or the United States by
    or against the servicemember or the servicemember's heirs,
    executors, administrators, or assigns.
    (b) Redemption of real property
      A period of military service may not be included in computing any
    period provided by law for the redemption of real property sold or
    forfeited to enforce an obligation, tax, or assessment.
    (c) Inapplicability to internal revenue laws
      This section does not apply to any period of limitation
    prescribed by or under the internal revenue laws of the United
    States.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 206, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2844.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The internal revenue laws of the United States, referred to in
    subsec. (c), are classified generally to Title 26, Internal Revenue
    Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 526, act Oct. 17, 1940, ch. 888, art. II, Sec.
    206, as added Oct. 6, 1942, ch. 581, Sec. 6, 56 Stat. 771; amended
    Pub. L. 102-12, Sec. 9(7), Mar. 18, 1991, 105 Stat. 39, related to
    maximum rate of interest, prior to the general amendment of this
    Act by Pub. L. 108-189. See section 527 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 527                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE II - GENERAL RELIEF

-HEAD-
    Sec. 527. Maximum rate of interest on debts incurred before
      military service

-STATUTE-
    (a) Interest rate limitation
      (1) Limitation to 6 percent
        An obligation or liability bearing interest at a rate in excess
      of 6 percent per year that is incurred by a servicemember, or the
      servicemember and the servicemember's spouse jointly, before the
      servicemember enters military service shall not bear interest at
      a rate in excess of 6 percent per year during the period of
      military service.
      (2) Forgiveness of interest in excess of 6 percent
        Interest at a rate in excess of 6 percent per year that would
      otherwise be incurred but for the prohibition in paragraph (1) is
      forgiven.
      (3) Prevention of acceleration of principal
        The amount of any periodic payment due from a servicemember
      under the terms of the instrument that created an obligation or
      liability covered by this section shall be reduced by the amount
      of the interest forgiven under paragraph (2) that is allocable to
      the period for which such payment is made.
    (b) Implementation of limitation
      (1) Written notice to creditor
        In order for an obligation or liability of a servicemember to
      be subject to the interest rate limitation in subsection (a), the
      servicemember shall provide to the creditor written notice and a
      copy of the military orders calling the servicemember to military
      service and any orders further extending military service, not
      later than 180 days after the date of the servicemember's
      termination or release from military service.
      (2) Limitation effective as of date of order to active duty
        Upon receipt of written notice and a copy of orders calling a
      servicemember to military service, the creditor shall treat the
      debt in accordance with subsection (a), effective as of the date
      on which the servicemember is called to military service.
    (c) Creditor protection
      A court may grant a creditor relief from the limitations of this
    section if, in the opinion of the court, the ability of the
    servicemember to pay interest upon the obligation or liability at a
    rate in excess of 6 percent per year is not materially affected by
    reason of the servicemember's military service.
    (d) Interest
      As used in this section, the term "interest" includes service
    charges, renewal charges, fees, or any other charges (except bona
    fide insurance) with respect to an obligation or liability.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title II, Sec. 207, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2844.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 527, act Oct. 17, 1940, ch. 888, art. II, Sec.
    207, as added Oct. 21, 1942, ch. 619, title V, Sec. 507(b)(2)(B),
    56 Stat. 964, related to limitations prescribed by internal revenue
    laws as affected by period of service, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 526 of this
    Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE III - RENT, INSTALLMENT
           CONTRACTS, MORTGAGES, LIENS,
           ASSIGNMENT, LEASES                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
        TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                            ASSIGNMENT, LEASES


-MISC1-
                             PRIOR PROVISIONS                         
       A prior section 530, acts Oct. 17, 1940, ch. 888, art. III, Sec.
    300, 54 Stat. 1181; Oct. 6, 1942, ch. 581, Sec. 8, 56 Stat. 771;
    Pub. L. 89-358, Sec. 10, Mar. 3, 1966, 80 Stat. 28; Pub. L. 102-12,
    Secs. 2(a), (b), 9(8), Mar. 18, 1991, 105 Stat. 34, 39, related to
    eviction or distress during military service, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 531 of this
    Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 531                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 531. Evictions and distress

-STATUTE-
    (a) Court-ordered eviction
      (1) In general
        Except by court order, a landlord (or another person with
      paramount title) may not - 
          (A) evict a servicemember, or the dependents of a
        servicemember, during a period of military service of the
        servicemember, from premises - 
            (i) that are occupied or intended to be occupied primarily
          as a residence; and
            (ii) for which the monthly rent does not exceed $2,400, as
          adjusted under paragraph (2) for years after 2003; or

          (B) subject such premises to a distress during the period of
        military service.
      (2) Housing price inflation adjustment
        (A) For calendar years beginning with 2004, the amount in
      effect under paragraph (1)(A)(ii) shall be increased by the
      housing price inflation adjustment for the calendar year
      involved.
        (B) For purposes of this paragraph - 
          (i) The housing price inflation adjustment for any calendar
        year is the percentage change (if any) by which - 
            (I) the CPI housing component for November of the preceding
          calendar year, exceeds
            (II) the CPI housing component for November of 1984.

          (ii) The term "CPI housing component" means the index
        published by the Bureau of Labor Statistics of the Department
        of Labor known as the Consumer Price Index, All Urban
        Consumers, Rent of Primary Residence, U.S. City Average.
      (3) Publication of housing price inflation adjustment
        The Secretary of Defense shall cause to be published in the
      Federal Register each year the amount in effect under paragraph
      (1)(A)(ii) for that year following the housing price inflation
      adjustment for that year pursuant to paragraph (2). Such
      publication shall be made for a year not later than 60 days after
      such adjustment is made for that year.
    (b) Stay of execution
      (1) Court authority
        Upon an application for eviction or distress with respect to
      premises covered by this section, the court may on its own motion
      and shall, if a request is made by or on behalf of a
      servicemember whose ability to pay the agreed rent is materially
      affected by military service - 
          (A) stay the proceedings for a period of 90 days, unless in
        the opinion of the court, justice and equity require a longer
        or shorter period of time; or
          (B) adjust the obligation under the lease to preserve the
        interests of all parties.
      (2) Relief to landlord
        If a stay is granted under paragraph (1), the court may grant
      to the landlord (or other person with paramount title) such
      relief as equity may require.
    (c) Penalties
      (1) Misdemeanor
        Except as provided in subsection (a), a person who knowingly
      takes part in an eviction or distress described in subsection
      (a), or who knowingly attempts to do so, shall be fined as
      provided in title 18, United States Code, or imprisoned for not
      more than one year, or both.
      (2) Preservation of other remedies and rights
        The remedies and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion (or wrongful eviction) otherwise available under the
      law to the person claiming relief under this section, including
      any award for consequential and punitive damages.
    (d) Rent allotment from pay of servicemember
      To the extent required by a court order related to property which
    is the subject of a court action under this section, the Secretary
    concerned shall make an allotment from the pay of a servicemember
    to satisfy the terms of such order, except that any such allotment
    shall be subject to regulations prescribed by the Secretary
    concerned establishing the maximum amount of pay of servicemembers
    that may be allotted under this subsection.
    (e) Limitation of applicability
      Section 202 [section 522 of this Appendix] is not applicable to
    this section.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 301, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2845.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 531, acts Oct. 17, 1940, ch. 888, art. III, Sec.
    301, 54 Stat. 1182; Oct. 6, 1942, ch. 581, Sec. 9(a), (c), (d), 56
    Stat. 771; Pub. L. 102-12, Sec. 9(9), Mar. 18, 1991, 105 Stat. 40,
    related to installment contracts for purchase of property, prior to
    the general amendment of this Act by Pub. L. 108-189. See section
    532 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 532                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 532. Protection under installment contracts for purchase or
      lease

-STATUTE-
    (a) Protection upon breach of contract
      (1) Protection after entering military service
        After a servicemember enters military service, a contract by
      the servicemember for - 
          (A) the purchase of real or personal property (including a
        motor vehicle); or
          (B) the lease or bailment of such property,

      may not be rescinded or terminated for a breach of terms of the
      contract occurring before or during that person's military
      service, nor may the property be repossessed for such breach
      without a court order.
      (2) Applicability
        This section applies only to a contract for which a deposit or
      installment has been paid by the servicemember before the
      servicemember enters military service.
    (b) Penalties
      (1) Misdemeanor
        A person who knowingly resumes possession of property in
      violation of subsection (a), or in violation of section 107 of
      this Act [section 517 of this Appendix], or who knowingly
      attempts to do so, shall be fined as provided in title 18, United
      States Code, or imprisoned for not more than one year, or both.
      (2) Preservation of other remedies and rights
        The remedies and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion otherwise available under law to the person claiming
      relief under this section, including any award for consequential
      and punitive damages.
    (c) Authority of court
      In a hearing based on this section, the court - 
        (1) may order repayment to the servicemember of all or part of
      the prior installments or deposits as a condition of terminating
      the contract and resuming possession of the property;
        (2) may, on its own motion, and shall on application by a
      servicemember when the servicemember's ability to comply with the
      contract is materially affected by military service, stay the
      proceedings for a period of time as, in the opinion of the court,
      justice and equity require; or
        (3) may make other disposition as is equitable to preserve the
      interests of all parties.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 302, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2846.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 532, acts Oct. 17, 1940, ch. 888, art. III, Sec.
    302, 54 Stat. 1182; Oct. 6, 1942, ch. 581, Secs. 9(b), (c), 10, 56
    Stat. 771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 102-
    12, Sec. 9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to
    mortgages and trust deeds, prior to the general amendment of this
    Act by Pub. L. 108-189. See section 533 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 533                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 533. Mortgages and trust deeds

-STATUTE-
    (a) Mortgage as security
      This section applies only to an obligation on real or personal
    property owned by a servicemember that - 
        (1) originated before the period of the servicemember's
      military service and for which the servicemember is still
      obligated; and
        (2) is secured by a mortgage, trust deed, or other security in
      the nature of a mortgage.
    (b) Stay of proceedings and adjustment of obligation
      In an action filed during, or within 90 days after, a
    servicemember's period of military service to enforce an obligation
    described in subsection (a), the court may after a hearing and on
    its own motion and shall upon application by a servicemember when
    the servicemember's ability to comply with the obligation is
    materially affected by military service - 
        (1) stay the proceedings for a period of time as justice and
      equity require, or
        (2) adjust the obligation to preserve the interests of all
      parties.
    (c) Sale or foreclosure
      A sale, foreclosure, or seizure of property for a breach of an
    obligation described in subsection (a) shall not be valid if made
    during, or within 90 days after, the period of the servicemember's
    military service except - 
        (1) upon a court order granted before such sale, foreclosure,
      or seizure with a return made and approved by the court; or
        (2) if made pursuant to an agreement as provided in section 107
      [section 517 of this Appendix].
    (d) Penalties
      (1) Misdemeanor
        A person who knowingly makes or causes to be made a sale,
      foreclosure, or seizure of property that is prohibited by
      subsection (c), or who knowingly attempts to do so, shall be
      fined as provided in title 18, United States Code, or imprisoned
      for not more than one year, or both.
      (2) Preservation of other remedies
        The remedies and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion otherwise available under law to the person claiming
      relief under this section, including consequential and punitive
      damages.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 303, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2847.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 533, act Oct. 17, 1940, ch. 888, art. III, Sec.
    303, as added Oct. 6, 1942, ch. 581, Sec. 12, 56 Stat. 772, related
    to settlement of cases involving stayed proceedings to foreclose
    mortgage on, resume possession of, or terminate contract for
    purchase of, personal property, prior to the general amendment of
    this Act by Pub. L. 108-189. See section 534 of this Appendix.
      Another prior section 533, act Oct. 17, 1940, ch. 888, art. III,
    Sec. 303, 54 Stat. 1183, related to stay of action to resume
    possession of motor vehicle, tractor, or their accessories,
    encumbered by purchase money mortgage, conditional sales contract,
    etc., prior to repeal by act Oct. 6, 1942, ch. 581, Sec. 11, 56
    Stat. 772.

-End-



-CITE-
    50 USC APPENDIX Sec. 534                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 534. Settlement of stayed cases relating to personal property

-STATUTE-
    (a) Appraisal of property
      When a stay is granted pursuant to this Act [sections 501 to 515
    and 516 to 596 of this Appendix] in a proceeding to foreclose a
    mortgage on or to repossess personal property, or to rescind or
    terminate a contract for the purchase of personal property, the
    court may appoint three disinterested parties to appraise the
    property.
    (b) Equity payment
      Based on the appraisal, and if undue hardship to the
    servicemember's dependents will not result, the court may order
    that the amount of the servicemember's equity in the property be
    paid to the servicemember, or the servicemember's dependents, as a
    condition of foreclosing the mortgage, repossessing the property,
    or rescinding or terminating the contract.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 304, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2848.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 534, act Oct. 17, 1940, ch. 888, art. III, Sec.
    304, as added Oct. 6, 1942, ch. 581, Sec. 12, 56 Stat. 772; amended
    Pub. L. 102-12, Sec. 9(9), Mar. 18, 1991, 105 Stat. 40, related to
    termination of leases by lessees, prior to the general amendment of
    this Act by Pub. L. 108-189. See section 535 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 535                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 535. Termination of residential or motor vehicle leases

-STATUTE-
    (a) Termination by lessee
      (1) In general
        The lessee on a lease described in subsection (b) may, at the
      lessee's option, terminate the lease at any time after - 
          (A) the lessee's entry into military service; or
          (B) the date of the lessee's military orders described in
        paragraph (1)(B) or (2)(B) of subsection (b), as the case may
        be.
      (2) Joint leases
        A lessee's termination of a lease pursuant to this subsection
      shall terminate any obligation a dependent of the lessee may have
      under the lease.
    (b) Covered leases
      This section applies to the following leases:
      (1) Leases of premises
        A lease of premises occupied, or intended to be occupied, by a
      servicemember or a servicemember's dependents for a residential,
      professional, business, agricultural, or similar purpose if - 
          (A) the lease is executed by or on behalf of a person who
        thereafter and during the term of the lease enters military
        service; or
          (B) the servicemember, while in military service, executes
        the lease and thereafter receives military orders for a
        permanent change of station or to deploy with a military unit,
        or as an individual in support of a military operation, for a
        period of not less than 90 days.
      (2) Leases of motor vehicles
        A lease of a motor vehicle used, or intended to be used, by a
      servicemember or a servicemember's dependents for personal or
      business transportation if - 
          (A) the lease is executed by or on behalf of a person who
        thereafter and during the term of the lease enters military
        service under a call or order specifying a period of not less
        than 180 days (or who enters military service under a call or
        order specifying a period of 180 days or less and who, without
        a break in service, receives orders extending the period of
        military service to a period of not less than 180 days); or
          (B) the servicemember, while in military service, executes
        the lease and thereafter receives military orders - 
            (i) for a change of permanent station - 
              (I) from a location in the continental United States to a
            location outside the continental United States; or
              (II) from a location in a State outside the continental
            United States to any location outside that State; or

            (ii) to deploy with a military unit, or as an individual in
          support of a military operation, for a period of not less
          than 180 days.
    (c) Manner of termination
      (1) In general
        Termination of a lease under subsection (a) is made - 
          (A) by delivery by the lessee of written notice of such
        termination, and a copy of the servicemember's military orders,
        to the lessor (or the lessor's grantee), or to the lessor's
        agent (or the agent's grantee); and
          (B) in the case of a lease of a motor vehicle, by return of
        the motor vehicle by the lessee to the lessor (or the lessor's
        grantee), or to the lessor's agent (or the agent's grantee),
        not later than 15 days after the date of the delivery of
        written notice under subparagraph (A).
      (2) Delivery of notice
        Delivery of notice under paragraph (1)(A) may be accomplished -
      
          (A) by hand delivery;
          (B) by private business carrier; or
          (C) by placing the written notice in an envelope with
        sufficient postage and with return receipt requested, and
        addressed as designated by the lessor (or the lessor's grantee)
        or to the lessor's agent (or the agent's grantee), and
        depositing the written notice in the United States mails.
    (d) Effective date of lease termination
      (1) Lease of premises
        In the case of a lease described in subsection (b)(1) that
      provides for monthly payment of rent, termination of the lease
      under subsection (a) is effective 30 days after the first date on
      which the next rental payment is due and payable after the date
      on which the notice under subsection (c) is delivered. In the
      case of any other lease described in subsection (b)(1),
      termination of the lease under subsection (a) is effective on the
      last day of the month following the month in which the notice is
      delivered.
      (2) Lease of motor vehicles
        In the case of a lease described in subsection (b)(2),
      termination of the lease under subsection (a) is effective on the
      day on which the requirements of subsection (c) are met for such
      termination.
    (e) Arrearages and other obligations and liabilities
      Rents or lease amounts unpaid for the period preceding the
    effective date of the lease termination shall be paid on a prorated
    basis. In the case of the lease of a motor vehicle, the lessor may
    not impose an early termination charge, but any taxes, summonses,
    and title and registration fees and any other obligation and
    liability of the lessee in accordance with the terms of the lease,
    including reasonable charges to the lessee for excess wear, use and
    mileage, that are due and unpaid at the time of termination of the
    lease shall be paid by the lessee.
    (f) Rent paid in advance
      Rents or lease amounts paid in advance for a period after the
    effective date of the termination of the lease shall be refunded to
    the lessee by the lessor (or the lessor's assignee or the
    assignee's agent) within 30 days of the effective date of the
    termination of the lease.
    (g) Relief to lessor
      Upon application by the lessor to a court before the termination
    date provided in the written notice, relief granted by this section
    to a servicemember may be modified as justice and equity require.
    (h) Penalties
      (1) Misdemeanor
        Any person who knowingly seizes, holds, or detains the personal
      effects, security deposit, or other property of a servicemember
      or a servicemember's dependent who lawfully terminates a lease
      covered by this section, or who knowingly interferes with the
      removal of such property from premises covered by such lease, for
      the purpose of subjecting or attempting to subject any of such
      property to a claim for rent accruing subsequent to the date of
      termination of such lease, or attempts to do so, shall be fined
      as provided in title 18, United States Code, or imprisoned for
      not more than one year, or both.
      (2) Preservation of other remedies
        The remedy and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion otherwise available under law to the person claiming
      relief under this section, including any award for consequential
      or punitive damages.
    (i) Definitions
      (1) Military orders
        The term "military orders", with respect to a servicemember,
      means official military orders, or any notification,
      certification, or verification from the servicemember's
      commanding officer, with respect to the servicemember's current
      or future military duty status.
      (2) ConUS
        The term "continental United States" means the 48 contiguous
      States and the District of Columbia.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 305, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2848; amended Pub. L. 108-
    454, title VII, Sec. 704, Dec. 10, 2004, 118 Stat. 3624.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 535, act Oct. 17, 1940, ch. 888, art. III, Sec.
    305, as added Oct. 6, 1942, ch. 581, Sec. 12, 56 Stat. 773; amended
    Pub. L. 102-12, Sec. 9(9), Mar. 18, 1991, 105 Stat. 40, related to
    protection of assignor of life insurance policy, enforcement of
    storage liens, and penalties, prior to the general amendment of
    this Act by Pub. L. 108-189. See sections 536 and 537 of this
    Appendix.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-454, Sec. 704(a), amended subsec.
    (a) generally, designating existing provisions as par. (1),
    inserting par. heading, and adding par. (2).
      Subsec. (b)(1)(B). Pub. L. 108-454, Sec. 704(c), inserted ", or
    as an individual in support of a military operation," after "deploy
    with a military unit".
      Subsec. (b)(2)(B). Pub. L. 108-454, Sec. 704(b)(1), substituted
    "military orders - " for "military orders for a permanent change of
    station outside of the continental United States or to deploy",
    added cl.(i), and inserted "(ii) to deploy" before "with a military
    unit".
      Subsec. (b)(2)(B)(ii). Pub. L. 108-454, Sec. 704(c), inserted ",
    or as an individual in support of a military operation," after
    "deploy with a military unit".
      Subsec. (i). Pub. L. 108-454, Sec. 704(b)(2), added subsec. (i).

-End-



-CITE-
    50 USC APPENDIX Sec. 536                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 536. Protection of life insurance policy

-STATUTE-
    (a) Assignment of policy protected
      If a life insurance policy on the life of a servicemember is
    assigned before military service to secure the payment of an
    obligation, the assignee of the policy (except the insurer in
    connection with a policy loan) may not exercise, during a period of
    military service of the servicemember or within one year
    thereafter, any right or option obtained under the assignment
    without a court order.
    (b) Exception
      The prohibition in subsection (a) shall not apply - 
        (1) if the assignee has the written consent of the insured made
      during the period described in subsection (a);
        (2) when the premiums on the policy are due and unpaid; or
        (3) upon the death of the insured.
    (c) Order refused because of material affect
      A court which receives an application for an order required under
    subsection (a) may refuse to grant such order if the court
    determines the ability of the servicemember to comply with the
    terms of the obligation is materially affected by military service.
    (d) Treatment of guaranteed premiums
      For purposes of this subsection, premiums guaranteed under the
    provisions of title IV of this Act [sections 541 to 549 of this
    Appendix] shall not be considered due and unpaid.
    (e) Penalties
      (1) Misdemeanor
        A person who knowingly takes an action contrary to this
      section, or attempts to do so, shall be fined as provided in
      title 18, United States Code, or imprisoned for not more than one
      year, or both.
      (2) Preservation of other remedies
        The remedy and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion otherwise available under law to the person claiming
      relief under this section, including any consequential or
      punitive damages.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 306, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2850.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 536, act Oct. 17, 1940, ch. 888, art. III, Sec.
    306, as added Oct. 6, 1942, ch. 581, Sec. 12, 56 Stat. 773, related
    to extension of benefits to dependents, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 538 of this
    Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 537                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 537. Enforcement of storage liens

-STATUTE-
    (a) Liens
      (1) Limitation on foreclosure or enforcement
        A person holding a lien on the property or effects of a
      servicemember may not, during any period of military service of
      the servicemember and for 90 days thereafter, foreclose or
      enforce any lien on such property or effects without a court
      order granted before foreclosure or enforcement.
      (2) Lien defined
        For the purposes of paragraph (1), the term "lien" includes a
      lien for storage, repair, or cleaning of the property or effects
      of a servicemember or a lien on such property or effects for any
      other reason.
    (b) Stay of proceedings
      In a proceeding to foreclose or enforce a lien subject to this
    section, the court may on its own motion, and shall if requested by
    a servicemember whose ability to comply with the obligation
    resulting in the proceeding is materially affected by military
    service - 
        (1) stay the proceeding for a period of time as justice and
      equity require; or
        (2) adjust the obligation to preserve the interests of all
      parties.

    The provisions of this subsection do not affect the scope of
    section 303 [section 533 of this Appendix].
    (c) Penalties
      (1) Misdemeanor
        A person who knowingly takes an action contrary to this
      section, or attempts to do so, shall be fined as provided in
      title 18, United States Code, or imprisoned for not more than one
      year, or both.
      (2) Preservation of other remedies
        The remedy and rights provided under this section are in
      addition to and do not preclude any remedy for wrongful
      conversion otherwise available under law to the person claiming
      relief under this section, including any consequential or
      punitive damages.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 307, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2851.)

-End-



-CITE-
    50 USC APPENDIX Sec. 538                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,
                 ASSIGNMENT, LEASES                

-HEAD-
    Sec. 538. Extension of protections to dependents

-STATUTE-
      Upon application to a court, a dependent of a servicemember is
    entitled to the protections of this title [sections 531 to 538 of
    this Appendix] if the dependent's ability to comply with a lease,
    contract, bailment, or other obligation is materially affected by
    reason of the servicemember's military service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title III, Sec. 308, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2851.)

-End-


-CITE-
    50 USC APPENDIX TITLE IV - LIFE INSURANCE                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
                         TITLE IV - LIFE INSURANCE                     


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 540, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    400, 54 Stat. 1183; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 773;
    July 11, 1956, ch. 570, Sec. 1, 70 Stat. 528; Pub. L. 102-12, Sec.
    9(11), Mar. 18, 1991, 105 Stat. 40, related to definitions, prior
    to the general amendment of this Act by Pub. L. 108-189. See
    section 541 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 541                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 541. Definitions

-STATUTE-
      For the purposes of this title [sections 541 to 549 of this
    Appendix]:
      (1) Policy
        The term "policy" means any individual contract for whole,
      endowment, universal, or term life insurance (other than group
      term life insurance coverage), including any benefit in the
      nature of such insurance arising out of membership in any
      fraternal or beneficial association which - 
          (A) provides that the insurer may not - 
            (i) decrease the amount of coverage or require the payment
          of an additional amount as premiums if the insured engages in
          military service (except increases in premiums in individual
          term insurance based upon age); or
            (ii) limit or restrict coverage for any activity required
          by military service; and

          (B) is in force not less than 180 days before the date of the
        insured's entry into military service and at the time of
        application under this title.
      (2) Premium
        The term "premium" means the amount specified in an insurance
      policy to be paid to keep the policy in force.
      (3) Insured
        The term "insured" means a servicemember whose life is insured
      under a policy.
      (4) Insurer
        The term "insurer" includes any firm, corporation, partnership,
      association, or business that is chartered or authorized to
      provide insurance and issue contracts or policies by the laws of
      a State or the United States.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 401, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2851.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 541, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    401, 54 Stat. 1183; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 774;
    Pub. L. 102-12, Sec. 9(12), Mar. 18, 1991, 105 Stat. 40, related to
    persons entitled to benefits of former article IV of this Act,
    applications, and amount of insurance protected, prior to the
    general amendment of this Act by Pub. L. 108-189. See section 542
    of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 542                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 542. Insurance rights and protections

-STATUTE-
    (a) Rights and protections
      The rights and protections under this title [sections 541 to 549
    of this Appendix] apply to the insured when - 
        (1) the insured,
        (2) the insured's legal representative, or
        (3) the insured's beneficiary in the case of an insured who is
      outside a State,

    applies in writing for protection under this title, unless the
    Secretary of Veterans Affairs determines that the insured's policy
    is not entitled to protection under this title.
    (b) Notification and application
      The Secretary of Veterans Affairs shall notify the Secretary
    concerned of the procedures to be used to apply for the protections
    provided under this title [sections 541 to 549 of this Appendix].
    The applicant shall send the original application to the insurer
    and a copy to the Secretary of Veterans Affairs.
    (c) Limitation on amount
      The total amount of life insurance coverage protection provided
    by this title [sections 541 to 549 of this Appendix] for a
    servicemember may not exceed $250,000, or an amount equal to the
    Servicemember's Group Life Insurance maximum limit, whichever is
    greater, regardless of the number of policies submitted.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 402, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2852.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 542, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    402, 54 Stat. 1183; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 774;
    Pub. L. 102-12, Sec. 9(13), Mar. 18, 1991, 105 Stat. 40, related to
    form of application, reports to Secretary of Veterans Affairs by
    insurer, and policy deemed modified upon application for
    protection, prior to the general amendment of this Act by Pub. L.
    108-189. See section 543 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 543                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 543. Application for insurance protection

-STATUTE-
    (a) Application procedure
      An application for protection under this title [sections 541 to
    549 of this Appendix] shall - 
        (1) be in writing and signed by the insured, the insured's
      legal representative, or the insured's beneficiary, as the case
      may be;
        (2) identify the policy and the insurer; and
        (3) include an acknowledgement that the insured's rights under
      the policy are subject to and modified by the provisions of this
      title.
    (b) Additional requirements
      The Secretary of Veterans Affairs may require additional
    information from the applicant, the insured and the insurer to
    determine if the policy is entitled to protection under this title
    [sections 541 to 549 of this Appendix].
    (c) Notice to the Secretary by the insurer
      Upon receipt of the application of the insured, the insurer shall
    furnish a report concerning the policy to the Secretary of Veterans
    Affairs as required by regulations prescribed by the Secretary.
    (d) Policy modification
      Upon application for protection under this title [sections 541 to
    549 of this Appendix], the insured and the insurer shall have
    constructively agreed to any policy modification necessary to give
    this title full force and effect.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 403, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2852.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 543, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    403, 54 Stat. 1184; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 775;
    Pub. L. 102-12, Sec. 9(14), Mar. 18, 1991, 105 Stat. 40, related to
    determination of policies entitled to protection, notice to
    parties, and lapse of policies for nonpayment of premiums, prior to
    the general amendment of this Act by Pub. L. 108-189. See section
    544 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 544                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 544. Policies entitled to protection and lapse of policies

-STATUTE-
    (a) Determination
      The Secretary of Veterans Affairs shall determine whether a
    policy is entitled to protection under this title [sections 541 to
    549 of this Appendix] and shall notify the insured and the insurer
    of that determination.
    (b) Lapse protection
      A policy that the Secretary determines is entitled to protection
    under this title [sections 541 to 549 of this Appendix] shall not
    lapse or otherwise terminate or be forfeited for the nonpayment of
    a premium, or interest or indebtedness on a premium, after the date
    on which the application for protection is received by the
    Secretary.
    (c) Time application
      The protection provided by this title [sections 541 to 549 of
    this Appendix] applies during the insured's period of military
    service and for a period of two years thereafter.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 404, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2853.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 544, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    404, 54 Stat. 1184; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 775;
    Pub. L. 102-12, Sec. 9(15), Mar. 18, 1991, 105 Stat. 40, related to
    rights and privileges of insured during period of protection, prior
    to the general amendment of this Act by Pub. L. 108-189. See
    section 545 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 545                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 545. Policy restrictions

-STATUTE-
    (a) Dividends
      While a policy is protected under this title [sections 541 to 549
    of this Appendix], a dividend or other monetary benefit under a
    policy may not be paid to an insured or used to purchase dividend
    additions without the approval of the Secretary of Veterans
    Affairs. If such approval is not obtained, the dividends or
    benefits shall be added to the value of the policy to be used as a
    credit when final settlement is made with the insurer.
    (b) Specific restrictions
      While a policy is protected under this title [sections 541 to 549
    of this Appendix], cash value, loan value, withdrawal of dividend
    accumulation, unearned premiums, or other value of similar
    character may not be available to the insured without the approval
    of the Secretary. The right of the insured to change a beneficiary
    designation or select an optional settlement for a beneficiary
    shall not be affected by the provisions of this title.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 405, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2853.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 545, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    405, 54 Stat. 1184; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 775;
    Pub. L. 102-12, Sec. 9(16), Mar. 18, 1991, 105 Stat. 40, related to
    deduction of unpaid premiums upon settlement of policies maturing
    during protection, prior to the general amendment of this Act by
    Pub. L. 108-189. See section 546 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 546                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 546. Deduction of unpaid premiums

-STATUTE-
    (a) Settlement of proceeds
      If a policy matures as a result of a servicemember's death or
    otherwise during the period of protection of the policy under this
    title [sections 541 to 549 of this Appendix], the insurer in making
    settlement shall deduct from the insurance proceeds the amount of
    the unpaid premiums guaranteed under this title, together with
    interest due at the rate fixed in the policy for policy loans.
    (b) Interest rate
      If the interest rate is not specifically fixed in the policy, the
    rate shall be the same as for policy loans in other policies issued
    by the insurer at the time the insured's policy was issued.
    (c) Reporting requirement
      The amount deducted under this section, if any, shall be reported
    by the insurer to the Secretary of Veterans Affairs.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 406, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2853.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 546, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    406, 54 Stat. 1184; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 775;
    Apr. 3, 1948, ch. 170, Sec. 6, 62 Stat. 160, related to guaranty of
    premiums and interest by United States, settlement of amounts due
    upon expiration of protection, subrogation of United States, and
    crediting debt repayments, prior to the general amendment of this
    Act by Pub. L. 108-189. See section 547 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 547                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 547. Premiums and interest guaranteed by United States

-STATUTE-
    (a) Guarantee of premiums and interest by the United States
      (1) Guarantee
        Payment of premiums, and interest on premiums at the rate
      specified in section 406 [section 546 of this Appendix], which
      become due on a policy under the protection of this title
      [sections 541 to 549 of this Appendix] is guaranteed by the
      United States. If the amount guaranteed is not paid to the
      insurer before the period of insurance protection under this
      title expires, the amount due shall be treated by the insurer as
      a policy loan on the policy.
      (2) Policy termination
        If, at the expiration of insurance protection under this title,
      the cash surrender value of a policy is less than the amount due
      to pay premiums and interest on premiums on the policy, the
      policy shall terminate. Upon such termination, the United States
      shall pay the insurer the difference between the amount due and
      the cash surrender value.
    (b) Recovery from insured of amounts paid by the United States
      (1) Debt payable to the United States
        The amount paid by the United States to an insurer under this
      title [sections 541 to 549 of this Appendix] shall be a debt
      payable to the United States by the insured on whose policy
      payment was made.
      (2) Collection
        Such amount may be collected by the United States, either as an
      offset from any amount due the insured by the United States or as
      otherwise authorized by law.
      (3) Debt not dischargeable in bankruptcy
        Such debt payable to the United States is not dischargeable in
      bankruptcy proceedings.
    (c) Crediting of amounts recovered
      Any amounts received by the United States as repayment of debts
    incurred by an insured under this title [sections 541 to 549 of
    this Appendix] shall be credited to the appropriation for the
    payment of claims under this title.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 407, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2853.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 547, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    407, 54 Stat. 1185; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 775;
    Pub. L. 85-857, Sec. 14(76), Sept. 2, 1958, 72 Stat. 1272; Pub. L.
    102-12, Sec. 9(17), Mar. 18, 1991, 105 Stat. 40, related to
    regulations and finality of determinations, prior to the general
    amendment of this Act by Pub. L. 108-189. See sections 548 and 549
    of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 548                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 548. Regulations

-STATUTE-
      The Secretary of Veterans Affairs shall prescribe regulations for
    the implementation of this title [sections 541 to 549 of this
    Appendix].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 408, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2854.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 548, acts Oct. 17, 1940, ch. 888, art. IV, Sec.
    408, 54 Stat. 1185; Oct. 6, 1942, ch. 581, Sec. 13, 56 Stat. 776,
    related to law governing applications for protection prior to Oct.
    6, 1942, prior to repeal by Pub. L. 102-12, Sec. 9(18), Mar. 18,
    1991, 105 Stat. 40.

-End-



-CITE-
    50 USC APPENDIX Sec. 549                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE IV - LIFE INSURANCE

-HEAD-
    Sec. 549. Review of findings of fact and conclusions of law

-STATUTE-
      The findings of fact and conclusions of law made by the Secretary
    of Veterans Affairs in administering this title [sections 541 to
    549 of this Appendix] are subject to review on appeal to the Board
    of Veterans' Appeals pursuant to chapter 71 of title 38, United
    States Code, and to judicial review only as provided in chapter 72
    of such title.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title IV, Sec. 409, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2854.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 549 to 554 of this Appendix were omitted in the
    general amendment of article IV of this Act by act Oct. 6, 1942,
    ch. 581, Sec. 13, 56 Stat. 773.
      Section 549, act Oct. 17, 1940, ch. 888, art. IV, Sec. 409, 54
    Stat. 1185, related to deduction of unpaid premiums from proceeds
    of policies.
      Section 550, act Oct. 17, 1940, ch. 888, art. IV, Sec. 410, 54
    Stat. 1185, related to lapsing of policy for failure to pay past
    due premiums upon termination of service.
      Section 551, act Oct. 17, 1940, ch. 888, art. IV, Sec. 411, 54
    Stat. 1185, related to accounts stated between insurers and United
    States.
      Section 552, act Oct. 17, 1940, ch. 888, art. IV, Sec. 412, 54
    Stat. 1185, related to payment of balances due insurers by
    Secretary of the Treasury.
      Section 553, act Oct. 17, 1940, ch. 888, art. IV, Sec. 413, 54
    Stat. 1186, related to policies excepted from application of
    article.
      Section 554, act Oct. 17, 1940, ch. 888, art. IV, Sec. 414, 54
    Stat. 1186, related to insurers within application of article.

-End-


-CITE-
    50 USC APPENDIX TITLE V - TAXES AND PUBLIC LANDS            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
                     TITLE V - TAXES AND PUBLIC LANDS                 


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 560, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    500, 54 Stat. 1186; Oct. 6, 1942, ch. 581, Sec. 14, 56 Stat. 776,
    related to taxes respecting personalty, money, credits, or realty,
    sale of property to enforce collection, redemption of property
    sold, penalty for nonpayment, and notice of rights to beneficiaries
    of section, prior to the general amendment of this Act by Pub. L.
    108-189. See section 561 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 561                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 561. Taxes respecting personal property, money, credits, and
      real property

-STATUTE-
    (a) Application
      This section applies in any case in which a tax or assessment,
    whether general or special (other than a tax on personal income),
    falls due and remains unpaid before or during a period of military
    service with respect to a servicemember's - 
        (1) personal property (including motor vehicles); or
        (2) real property occupied for dwelling, professional,
      business, or agricultural purposes by a servicemember or the
      servicemember's dependents or employees - 
          (A) before the servicemember's entry into military service;
        and
          (B) during the time the tax or assessment remains unpaid.
    (b) Sale of property
      (1) Limitation on sale of property to enforce tax assessment
        Property described in subsection (a) may not be sold to enforce
      the collection of such tax or assessment except by court order
      and upon the determination by the court that military service
      does not materially affect the servicemember's ability to pay the
      unpaid tax or assessment.
      (2) Stay of court proceedings
        A court may stay a proceeding to enforce the collection of such
      tax or assessment, or sale of such property, during a period of
      military service of the servicemember and for a period not more
      than 180 days after the termination of, or release of the
      servicemember from, military service.
    (c) Redemption
      When property described in subsection (a) is sold or forfeited to
    enforce the collection of a tax or assessment, a servicemember
    shall have the right to redeem or commence an action to redeem the
    servicemember's property during the period of military service or
    within 180 days after termination of or release from military
    service. This subsection may not be construed to shorten any period
    provided by the law of a State (including any political subdivision
    of a State) for redemption.
    (d) Interest on tax or assessment
      Whenever a servicemember does not pay a tax or assessment on
    property described in subsection (a) when due, the amount of the
    tax or assessment due and unpaid shall bear interest until paid at
    the rate of 6 percent per year. An additional penalty or interest
    shall not be incurred by reason of nonpayment. A lien for such
    unpaid tax or assessment may include interest under this
    subsection.
    (e) Joint ownership application
      This section applies to all forms of property described in
    subsection (a) owned individually by a servicemember or jointly by
    a servicemember and a dependent or dependents.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 501, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2854.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 561, act Oct. 17, 1940, ch. 888, art. V, Sec.
    501, 54 Stat. 1187, related to rights in public lands and grazing
    lands, prior to the general amendment of this Act by Pub. L. 108-
    189. See section 562 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 562                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 562. Rights in public lands

-STATUTE-
    (a) Rights not forfeited
      The rights of a servicemember to lands owned or controlled by the
    United States, and initiated or acquired by the servicemember under
    the laws of the United States (including the mining and mineral
    leasing laws) before military service, shall not be forfeited or
    prejudiced as a result of being absent from the land, or by failing
    to begin or complete any work or improvements to the land, during
    the period of military service.
    (b) Temporary suspension of permits or licenses
      If a permittee or licensee under the Act of June 28, 1934 (43
    U.S.C. 315 et seq.), enters military service, the permittee or
    licensee may suspend the permit or license for the period of
    military service and for 180 days after termination of or release
    from military service.
    (c) Regulations
      Regulations prescribed by the Secretary of the Interior shall
    provide for such suspension of permits and licenses and for the
    remission, reduction, or refund of grazing fees during the period
    of such suspension.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 502, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2855.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining and mineral leasing laws of the United States,
    referred to in subsec. (a), are classified generally to Title 30,
    Mineral Lands and Mining.
      Act of June 28, 1934, referred to in subsec. (b), is act June 28,
    1934, ch. 865, 48 Stat. 1269, as amended, popularly known as the
    Taylor Grazing Act, which is classified principally to subchapter I
    (Sec. 315 et seq.) of chapter 8A of Title 43, Public Lands. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 315 of Title 43 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 562, act Oct. 17, 1940, ch. 888, art. V, Sec.
    502, 54 Stat. 1187, related to homestead entries and settlement
    claims, prior to the general amendment of this Act by Pub. L. 108-
    189.

-End-



-CITE-
    50 USC APPENDIX Sec. 563                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 563. Desert-land entries

-STATUTE-
    (a) Desert-land rights not forfeited
      A desert-land entry made or held under the desert-land laws
    before the entrance of the entryman or the entryman's successor in
    interest into military service shall not be subject to contest or
    cancellation - 
        (1) for failure to expend any required amount per acre per year
      in improvements upon the claim;
        (2) for failure to effect the reclamation of the claim during
      the period the entryman or the entryman's successor in interest
      is in the military service, or for 180 days after termination of
      or release from military service; or
        (3) during any period of hospitalization or rehabilitation due
      to an injury or disability incurred in the line of duty.

    The time within which the entryman or claimant is required to make
    such expenditures and effect reclamation of the land shall be
    exclusive of the time periods described in paragraphs (2) and (3).
    (b) Service-related disability
      If an entryman or claimant is honorably discharged and is unable
    to accomplish reclamation of, and payment for, desert land due to a
    disability incurred in the line of duty, the entryman or claimant
    may make proof without further reclamation or payments, under
    regulations prescribed by the Secretary of the Interior, and
    receive a patent for the land entered or claimed.
    (c) Filing requirement
      In order to obtain the protection of this section, the entryman
    or claimant shall, within 180 days after entry into military
    service, cause to be filed in the land office of the district where
    the claim is situated a notice communicating the fact of military
    service and the desire to hold the claim under this section.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 503, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2856.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The desert-land laws, referred to in subsec. (a), are classified
    generally to chapter 9 (Sec. 321 et seq.) of Title 43, Public
    Lands.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 563, act Oct. 17, 1940, ch. 888, art. V, Sec.
    503, 54 Stat. 1187, related to death or incapacity during or
    resulting from service as affecting rights and perfection of
    rights, prior to the general amendment of this Act by Pub. L. 108-
    189. See section 566 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 564                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 564. Mining claims

-STATUTE-
    (a) Requirements suspended
      The provisions of section 2324 of the Revised Statutes of the
    United States (30 U.S.C. 28) specified in subsection (b) shall not
    apply to a servicemember's claims or interests in claims, regularly
    located and recorded, during a period of military service and 180
    days thereafter, or during any period of hospitalization or
    rehabilitation due to injuries or disabilities incurred in the line
    of duty.
    (b) Requirements
      The provisions in section 2324 of the Revised Statutes that shall
    not apply under subsection (a) are those which require that on each
    mining claim located after May 10, 1872, and until a patent has
    been issued for such claim, not less than $100 worth of labor shall
    be performed or improvements made during each year.
    (c) Period of protection from forfeiture
      A mining claim or an interest in a claim owned by a servicemember
    that has been regularly located and recorded shall not be subject
    to forfeiture for nonperformance of annual assessments during the
    period of military service and for 180 days thereafter, or for any
    period of hospitalization or rehabilitation described in subsection
    (a).
    (d) Filing requirement
      In order to obtain the protections of this section, the claimant
    of a mining location shall, before the end of the assessment year
    in which military service is begun or within 60 days after the end
    of such assessment year, cause to be filed in the office where the
    location notice or certificate is recorded a notice communicating
    the fact of military service and the desire to hold the mining
    claim under this section.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 504, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2856.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 564, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    504, 54 Stat. 1187; Pub. L. 102-12, Sec. 9(19), Mar. 18, 1991, 105
    Stat. 40, related to desert-land entries and the suspension of
    requirements, prior to the general amendment of this Act by Pub. L.
    108-189. See section 563 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 565                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 565. Mineral permits and leases

-STATUTE-
    (a) Suspension during military service
      A person holding a permit or lease on the public domain under the
    Federal mineral leasing laws who enters military service may
    suspend all operations under the permit or lease for the duration
    of military service and for 180 days thereafter. The term of the
    permit or lease shall not run during the period of suspension, nor
    shall any rental or royalties be charged against the permit or
    lease during the period of suspension.
    (b) Notification
      In order to obtain the protection of this section, the permittee
    or lessee shall, within 180 days after entry into military service,
    notify the Secretary of the Interior by registered mail of the fact
    that military service has begun and of the desire to hold the claim
    under this section.
    (c) Contract modification
      This section shall not be construed to supersede the terms of any
    contract for operation of a permit or lease.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 505, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2857.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal mineral leasing laws, referred to in subsec. (a), are
    classified generally to Title 30, Mineral Lands and Mining.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 565, act Oct. 17, 1940, ch. 888, art. V, Sec.
    505, 54 Stat. 1188; Pub. L. 102-12, Sec. 9(20), Mar. 18, 1991, 105
    Stat. 41, related to mining claims and the suspension of
    requirements, prior to the general amendment of this Act by Pub. L.
    108-189. See section 564 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 566                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 566. Perfection or defense of rights

-STATUTE-
    (a) Right to take action not affected
      This title [sections 561 to 571 of this Appendix] shall not
    affect the right of a servicemember to take action during a period
    of military service that is authorized by law or regulations of the
    Department of the Interior, for the perfection, defense, or further
    assertion of rights initiated or acquired before entering military
    service.
    (b) Affidavits and proofs
      (1) In general
        A servicemember during a period of military service may make
      any affidavit or submit any proof required by law, practice, or
      regulation of the Department of the Interior in connection with
      the entry, perfection, defense, or further assertion of rights
      initiated or acquired before entering military service before an
      officer authorized to provide notary services under section 1044a
      of title 10, United States Code, or any superior commissioned
      officer.
      (2) Legal status of affidavits
        Such affidavits shall be binding in law and subject to the same
      penalties as prescribed by section 1001 of title 18, United State
      (!1) Code.


-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 506, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2857.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 566, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    506, 54 Stat. 1188; Pub. L. 102-12, Sec. 9(21), Mar. 18, 1991, 105
    Stat. 41, related to mineral permits and leases and the suspension
    of operations and term of permits and leases, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 565 of this
    Appendix.

-FOOTNOTE-
    (!1) So in original. Probably should be "States".


-End-



-CITE-
    50 USC APPENDIX Sec. 567                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 567. Distribution of information concerning benefits of title

-STATUTE-
    (a) Distribution of information by Secretary concerned
      The Secretary concerned shall issue to servicemembers information
    explaining the provisions of this title [sections 561 to 571 of
    this Appendix].
    (b) Application forms
      The Secretary concerned shall provide application forms to
    servicemembers requesting relief under this title [sections 561 to
    571 of this Appendix].
    (c) Information from Secretary of the Interior
      The Secretary of the Interior shall furnish to the Secretary
    concerned information explaining the provisions of this title
    [sections 561 to 571 of this Appendix] (other than sections 501,
    510, and 511) [sections 561, 570, and 571 of this Appendix] and
    related application forms.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 507, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2857.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 567, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    507, 54 Stat. 1188; Pub. L. 102-12, Sec. 9(22), Mar. 18, 1991, 105
    Stat. 41, related to right to take action for perfection and
    defense of rights as unaffected, and affidavits and proofs, prior
    to the general amendment of this Act by Pub. L. 108-189. See
    section 566 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 568                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 568. Land rights of servicemembers

-STATUTE-
    (a) No age limitations
      Any servicemember under the age of 21 in military service shall
    be entitled to the same rights under the laws relating to lands
    owned or controlled by the United States, including mining and
    mineral leasing laws, as those servicemembers who are 21 years of
    age.
    (b) Residency requirement
      Any requirement related to the establishment of a residence
    within a limited time shall be suspended as to entry by a
    servicemember in military service until 180 days after termination
    of or release from military service.
    (c) Entry applications
      Applications for entry may be verified before a person authorized
    to administer oaths under section 1044a of title 10, United States
    Code, or under the laws of the State where the land is situated.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 508, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2857.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining and mineral leasing laws, referred to in subsec. (a),
    are classified generally to Title 30, Mineral Lands and Mining.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 568, act Oct. 17, 1940, ch. 888, art. V, Sec.
    508, 54 Stat. 1189, related to irrigation rights and suspension of
    residence requirements, prior to the general amendment of this Act
    by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 569                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 569. Regulations

-STATUTE-
      The Secretary of the Interior may issue regulations necessary to
    carry out this title [sections 561 to 571 of this Appendix] (other
    than sections 501, 510, and 511) [sections 561, 570, and 571 of
    this Appendix].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 509, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2858.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 569, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    509, 54 Stat. 1189; Oct. 6, 1942, ch. 581, Sec. 15, 56 Stat. 776,
    related to distribution of information concerning benefits of tax
    and public lands provisions and forms, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 567 of this
    Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 570                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 570. Income taxes

-STATUTE-
    (a) Deferral of tax
      Upon notice to the Internal Revenue Service or the tax authority
    of a State or a political subdivision of a State, the collection of
    income tax on the income of a servicemember falling due before or
    during military service shall be deferred for a period not more
    than 180 days after termination of or release from military
    service, if a servicemember's ability to pay such income tax is
    materially affected by military service.
    (b) Accrual of interest or penalty
      No interest or penalty shall accrue for the period of deferment
    by reason of nonpayment on any amount of tax deferred under this
    section.
    (c) Statute of limitations
      The running of a statute of limitations against the collection of
    tax deferred under this section, by seizure or otherwise, shall be
    suspended for the period of military service of the servicemember
    and for an additional period of 270 days thereafter.
    (d) Application limitation
      This section shall not apply to the tax imposed on employees by
    section 3101 of the Internal Revenue Code of 1986 [26 U.S.C. 3101].

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 510, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2858.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 570, acts Oct. 17, 1940, ch. 888, art. V, Sec.
    510, 54 Stat. 1189; Pub. L. 102-12, Sec. 9(23), Mar. 18, 1991, 105
    Stat. 41, related to homestead entrymen permitted to leave entries
    to perform farm labor, prior to the general amendment of this Act
    by Pub. L. 108-189.

-End-



-CITE-
    50 USC APPENDIX Sec. 571                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE V - TAXES AND PUBLIC LANDS

-HEAD-
    Sec. 571. Residence for tax purposes

-STATUTE-
    (a) Residence or domicile
      A servicemember shall neither lose nor acquire a residence or
    domicile for purposes of taxation with respect to the person,
    personal property, or income of the servicemember by reason of
    being absent or present in any tax jurisdiction of the United
    States solely in compliance with military orders.
    (b) Military service compensation
      Compensation of a servicemember for military service shall not be
    deemed to be income for services performed or from sources within a
    tax jurisdiction of the United States if the servicemember is not a
    resident or domiciliary of the jurisdiction in which the
    servicemember is serving in compliance with military orders.
    (c) Personal property
      (1) Relief from personal property taxes
        The personal property of a servicemember shall not be deemed to
      be located or present in, or to have a situs for taxation in, the
      tax jurisdiction in which the servicemember is serving in
      compliance with military orders.
      (2) Exception for property within member's domicile or residence
        This subsection applies to personal property or its use within
      any tax jurisdiction other than the servicemember's domicile or
      residence.
      (3) Exception for property used in trade or business
        This section does not prevent taxation by a tax jurisdiction
      with respect to personal property used in or arising from a trade
      or business, if it has jurisdiction.
      (4) Relationship to law of State of domicile
        Eligibility for relief from personal property taxes under this
      subsection is not contingent on whether or not such taxes are
      paid to the State of domicile.
    (d) Increase of tax liability
      A tax jurisdiction may not use the military compensation of a
    nonresident servicemember to increase the tax liability imposed on
    other income earned by the nonresident servicemember or spouse
    subject to tax by the jurisdiction.
    (e) Federal Indian reservations
      An Indian servicemember whose legal residence or domicile is a
    Federal Indian reservation shall be taxed by the laws applicable to
    Federal Indian reservations and not the State where the reservation
    is located.
    (f) Definitions
      For purposes of this section:
      (1) Personal property
        The term "personal property" means intangible and tangible
      property (including motor vehicles).
      (2) Taxation
        The term "taxation" includes licenses, fees, or excises imposed
      with respect to motor vehicles and their use, if the license,
      fee, or excise is paid by the servicemember in the
      servicemember's State of domicile or residence.
      (3) Tax jurisdiction
        The term "tax jurisdiction" means a State or a political
      subdivision of a State.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title V, Sec. 511, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2858.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 571 to 574 were omitted in the general amendment
    of this Act by Pub. L. 108-189.
      Section 571, act Oct. 17, 1940, ch. 888, art. V, Sec. 511, 54
    Stat. 1189, related to land rights of persons under 21. See section
    568 of this Appendix.
      Section 572, acts Oct. 17, 1940, ch. 888, art. V, Sec. 512, 54
    Stat. 1190; Oct. 6, 1942, ch. 581, Sec. 16, 56 Stat. 776, related
    to extension of benefits to persons serving with war allies of the
    United States. See section 514 of this Appendix.
      Section 573, act Oct. 17, 1940, ch. 888, art. V, Sec. 513, 54
    Stat. 1190, related to deferral of income tax collection and the
    statute of limitations. See section 570 of this Appendix.
      Section 574, act Oct. 17, 1940, ch. 888, art. V, Sec. 514, as
    added Oct. 6, 1942, ch. 581, Sec. 17, 56 Stat. 777; amended July 3,
    1944, ch. 397, Sec. 1, 58 Stat. 722; Pub. L. 87-771, Oct. 9, 1962,
    76 Stat. 768; Pub. L. 102-12, Sec. 9(24), Mar. 18, 1991, 105 Stat.
    41, related to residence for tax purposes. See section 571 of this
    Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE VI - ADMINISTRATIVE
           REMEDIES                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VI - ADMINISTRATIVE REMEDIES

-HEAD-
                    TITLE VI - ADMINISTRATIVE REMEDIES                


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 580, acts Oct. 17, 1940, ch. 888, art. VI, Sec.
    600, 54 Stat. 1190; Pub. L. 102-12, Sec. 9(25), Mar. 18, 1991, 105
    Stat. 41, related to transfers to take advantage of this Act, prior
    to the general amendment of this Act by Pub. L. 108-189. See
    section 581 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 581                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VI - ADMINISTRATIVE REMEDIES

-HEAD-
    Sec. 581. Inappropriate use of Act

-STATUTE-
      If a court determines, in any proceeding to enforce a civil
    right, that any interest, property, or contract has been
    transferred or acquired with the intent to delay the just
    enforcement of such right by taking advantage of this Act [sections
    501 to 515 and 516 to 596 of this Appendix], the court shall enter
    such judgment or make such order as might lawfully be entered or
    made concerning such transfer or acquisition.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VI, Sec. 601, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2859.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 581, acts Oct. 17, 1940, ch. 888, art. VI, Sec.
    601, 54 Stat. 1190; Jan. 20, 1942, ch. 10, Secs. 1, 2, 56 Stat. 10;
    Pub. L. 102-12, Sec. 9(26), Mar. 18, 1991, 105 Stat. 41, related to
    certificates of service and persons reported missing, prior to the
    general amendment of this Act by Pub. L. 108-189. See section 582
    of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 582                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VI - ADMINISTRATIVE REMEDIES

-HEAD-
    Sec. 582. Certificates of service; persons reported missing

-STATUTE-
    (a) Prima facie evidence
      In any proceeding under this Act [sections 501 to 515 and 516 to
    596 of this Appendix], a certificate signed by the Secretary
    concerned is prima facie evidence as to any of the following facts
    stated in the certificate:
        (1) That a person named is, is not, has been, or has not been
      in military service.
        (2) The time and the place the person entered military service.
        (3) The person's residence at the time the person entered
      military service.
        (4) The rank, branch, and unit of military service of the
      person upon entry.
        (5) The inclusive dates of the person's military service.
        (6) The monthly pay received by the person at the date of the
      certificate's issuance.
        (7) The time and place of the person's termination of or
      release from military service, or the person's death during
      military service.
    (b) Certificates
      The Secretary concerned shall furnish a certificate under
    subsection (a) upon receipt of an application for such a
    certificate. A certificate appearing to be signed by the Secretary
    concerned is prima facie evidence of its contents and of the
    signer's authority to issue it.
    (c) Treatment of servicemembers in missing status
      A servicemember who has been reported missing is presumed to
    continue in service until accounted for. A requirement under this
    Act [sections 501 to 515 and 516 to 596 of this Appendix] that
    begins or ends with the death of a servicemember does not begin or
    end until the servicemember's death is reported to, or determined
    by, the Secretary concerned or by a court of competent
    jurisdiction.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VI, Sec. 602, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2859.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 582, act Oct. 17, 1940, ch. 888, art. VI, Sec.
    602, 54 Stat. 1191, related to revocation of interlocutory orders,
    prior to the general amendment of this Act by Pub. L. 108-189. See
    section 583 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 583                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VI - ADMINISTRATIVE REMEDIES

-HEAD-
    Sec. 583. Interlocutory orders

-STATUTE-
      An interlocutory order issued by a court under this Act [sections
    501 to 515 and 516 to 596 of this Appendix] may be revoked,
    modified, or extended by that court upon its own motion or
    otherwise, upon notification to affected parties as required by the
    court.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VI, Sec. 603, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2860.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 583 to 585 were omitted in the general amendment
    of this Act by Pub. L. 108-189.
      Section 583, act Oct. 17, 1940, ch. 888, art. VI, Sec. 603, 54
    Stat. 1191, related to separability.
      Section 584, acts Oct. 17, 1940, ch. 888, art. VI, Sec. 604, 54
    Stat. 1191; Pub. L. 102-12, Sec. 9(27), Mar. 18, 1991, 105 Stat.
    41, related to termination date.
      Section 585, act Oct. 17, 1940, ch. 888, art. VI, Sec. 605, 54
    Stat. 1191, related to the inapplicability of the Soldiers' and
    Sailors' Relief Act of 1918 (section 101 et seq. of this Appendix),
    to military service performed after Oct. 17, 1940.

-End-


-CITE-
    50 USC APPENDIX TITLE VII - FURTHER RELIEF                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
                        TITLE VII - FURTHER RELIEF                    


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 590, act Oct. 17, 1940, ch. 888, art. VII, Sec.
    700, as added Oct. 6, 1942, ch. 581, Sec. 18, 56 Stat. 777, related
    to stay of enforcement of obligations, liabilities, and taxes,
    prior to the general amendment of this Act by Pub. L. 108-189. See
    section 591 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 591                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 591. Anticipatory relief

-STATUTE-
    (a) Application for relief
      A servicemember may, during military service or within 180 days
    of termination of or release from military service, apply to a
    court for relief - 
        (1) from any obligation or liability incurred by the
      servicemember before the servicemember's military service; or
        (2) from a tax or assessment falling due before or during the
      servicemember's military service.
    (b) Tax liability or assessment
      In a case covered by subsection (a), the court may, if the
    ability of the servicemember to comply with the terms of such
    obligation or liability or pay such tax or assessment has been
    materially affected by reason of military service, after
    appropriate notice and hearing, grant the following relief:
      (1) Stay of enforcement of real estate contracts
        (A) In the case of an obligation payable in installments under
      a contract for the purchase of real estate, or secured by a
      mortgage or other instrument in the nature of a mortgage upon
      real estate, the court may grant a stay of the enforcement of the
      obligation - 
          (i) during the servicemember's period of military service;
        and
          (ii) from the date of termination of or release from military
        service, or from the date of application if made after
        termination of or release from military service.

        (B) Any stay under this paragraph shall be - 
          (i) for a period equal to the remaining life of the
        installment contract or other instrument, plus a period of time
        equal to the period of military service of the servicemember,
        or any part of such combined period; and
          (ii) subject to payment of the balance of the principal and
        accumulated interest due and unpaid at the date of termination
        or release from the applicant's military service or from the
        date of application in equal installments during the combined
        period at the rate of interest on the unpaid balance prescribed
        in the contract or other instrument evidencing the obligation,
        and subject to other terms as may be equitable.
      (2) Stay of enforcement of other contracts
        (A) In the case of any other obligation, liability, tax, or
      assessment, the court may grant a stay of enforcement - 
          (i) during the servicemember's military service; and
          (ii) from the date of termination of or release from military
        service, or from the date of application if made after
        termination or release from military service.

        (B) Any stay under this paragraph shall be - 
          (i) for a period of time equal to the period of the
        servicemember's military service or any part of such period;
        and
          (ii) subject to payment of the balance of principal and
        accumulated interest due and unpaid at the date of termination
        or release from military service, or the date of application,
        in equal periodic installments during this extended period at
        the rate of interest as may be prescribed for this obligation,
        liability, tax, or assessment, if paid when due, and subject to
        other terms as may be equitable.
    (c) Affect (!1) of stay on fine or penalty

      When a court grants a stay under this section, a fine or penalty
    shall not accrue on the obligation, liability, tax, or assessment
    for the period of compliance with the terms and conditions of the
    stay.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 701, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2860.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 591, act Oct. 17, 1940, ch. 888, art. VII, Sec.
    701, as added Pub. L. 92-540, title V, Sec. 504(2), Oct. 24, 1972,
    86 Stat. 1098; amended Pub. L. 102-12, Sec. 3, Mar. 18, 1991, 105
    Stat. 34, related to power of attorney, prior to the general
    amendment of this Act by Pub. L. 108-189. See section 592 of this
    Appendix.

-FOOTNOTE-
    (!1) So in original. Probably should be "Effect".


-End-



-CITE-
    50 USC APPENDIX Sec. 592                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 592. Power of attorney

-STATUTE-
    (a) Automatic extension
      A power of attorney of a servicemember shall be automatically
    extended for the period the servicemember is in a missing status
    (as defined in section 551(2) of title 37, United States Code) if
    the power of attorney - 
        (1) was duly executed by the servicemember - 
          (A) while in military service; or
          (B) before entry into military service but after the
        servicemember - 
            (i) received a call or order to report for military
          service; or
            (ii) was notified by an official of the Department of
          Defense that the person could receive a call or order to
          report for military service;

        (2) designates the servicemember's spouse, parent, or other
      named relative as the servicemember's attorney in fact for
      certain, specified, or all purposes; and
        (3) expires by its terms after the servicemember entered a
      missing status.
    (b) Limitation on power of attorney extension
      A power of attorney executed by a servicemember may not be
    extended under subsection (a) if the document by its terms clearly
    indicates that the power granted expires on the date specified even
    though the servicemember, after the date of execution of the
    document, enters a missing status.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 702, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2861.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 592, act Oct. 17, 1940, ch. 888, art. VII, Sec.
    702, as added Pub. L. 102-12, Sec. 4, Mar. 18, 1991, 105 Stat. 34;
    amended Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(3), Feb.
    10, 1996, 110 Stat. 501, related to professional liability
    protection for certain persons ordered to active duty in armed
    forces, prior to the general amendment of this Act by Pub. L. 108-
    189. See section 593 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 593                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 593. Professional liability protection

-STATUTE-
    (a) Applicability
      This section applies to a servicemember who - 
        (1) after July 31, 1990, is ordered to active duty (other than
      for training) pursuant to sections 688, 12301(a), 12301(g),
      12302, 12304, 12306, or 12307 of title 10, United States Code, or
      who is ordered to active duty under section 12301(d) of such
      title during a period when members are on active duty pursuant to
      any of the preceding sections; and
        (2) immediately before receiving the order to active duty - 
          (A) was engaged in the furnishing of health-care or legal
        services or other services determined by the Secretary of
        Defense to be professional services; and
          (B) had in effect a professional liability insurance policy
        that does not continue to cover claims filed with respect to
        the servicemember during the period of the servicemember's
        active duty unless the premiums are paid for such coverage for
        such period.
    (b) Suspension of coverage
      (1) Suspension
        Coverage of a servicemember referred to in subsection (a) by a
      professional liability insurance policy shall be suspended by the
      insurance carrier in accordance with this subsection upon receipt
      of a written request from the servicemember by the insurance
      carrier.
      (2) Premiums for suspended contracts
        A professional liability insurance carrier - 
          (A) may not require that premiums be paid by or on behalf of
        a servicemember for any professional liability insurance
        coverage suspended pursuant to paragraph (1); and
          (B) shall refund any amount paid for coverage for the period
        of such suspension or, upon the election of such servicemember,
        apply such amount for the payment of any premium becoming due
        upon the reinstatement of such coverage.
      (3) Nonliability of carrier during suspension
        A professional liability insurance carrier shall not be liable
      with respect to any claim that is based on professional conduct
      (including any failure to take any action in a professional
      capacity) of a servicemember that occurs during a period of
      suspension of that servicemember's professional liability
      insurance under this subsection.
      (4) Certain claims considered to arise before suspension
        For the purposes of paragraph (3), a claim based upon the
      failure of a professional to make adequate provision for a
      patient, client, or other person to receive professional services
      or other assistance during the period of the professional's
      active duty service shall be considered to be based on an action
      or failure to take action before the beginning of the period of
      the suspension of professional liability insurance under this
      subsection, except in a case in which professional services were
      provided after the date of the beginning of such period.
    (c) Reinstatement of coverage
      (1) Reinstatement required
        Professional liability insurance coverage suspended in the case
      of any servicemember pursuant to subsection (b) shall be
      reinstated by the insurance carrier on the date on which that
      servicemember transmits to the insurance carrier a written
      request for reinstatement.
      (2) Time and premium for reinstatement
        The request of a servicemember for reinstatement shall be
      effective only if the servicemember transmits the request to the
      insurance carrier within 30 days after the date on which the
      servicemember is released from active duty. The insurance carrier
      shall notify the servicemember of the due date for payment of the
      premium of such insurance. Such premium shall be paid by the
      servicemember within 30 days after receipt of that notice.
      (3) Period of reinstated coverage
        The period for which professional liability insurance coverage
      shall be reinstated for a servicemember under this subsection may
      not be less than the balance of the period for which coverage
      would have continued under the insurance policy if the coverage
      had not been suspended.
    (d) Increase in premium
      (1) Limitation on premium increases
        An insurance carrier may not increase the amount of the premium
      charged for professional liability insurance coverage of any
      servicemember for the minimum period of the reinstatement of such
      coverage required under subsection (c)(3) to an amount greater
      than the amount chargeable for such coverage for such period
      before the suspension.
      (2) Exception
        Paragraph (1) does not prevent an increase in premium to the
      extent of any general increase in the premiums charged by that
      carrier for the same professional liability coverage for persons
      similarly covered by such insurance during the period of the
      suspension.
    (e) Continuation of coverage of unaffected persons
      This section does not - 
        (1) require a suspension of professional liability insurance
      protection for any person who is not a person referred to in
      subsection (a) and who is covered by the same professional
      liability insurance as a person referred to in such subsection;
      or
        (2) relieve any person of the obligation to pay premiums for
      the coverage not required to be suspended.
    (f) Stay of civil or administrative actions
      (1) Stay of actions
        A civil or administrative action for damages on the basis of
      the alleged professional negligence or other professional
      liability of a servicemember whose professional liability
      insurance coverage has been suspended under subsection (b) shall
      be stayed until the end of the period of the suspension if - 
          (A) the action was commenced during the period of the
        suspension;
          (B) the action is based on an act or omission that occurred
        before the date on which the suspension became effective; and
          (C) the suspended professional liability insurance would,
        except for the suspension, on its face cover the alleged
        professional negligence or other professional liability
        negligence or other professional liability of the
        servicemember.
      (2) Date of commencement of action
        Whenever a civil or administrative action for damages is stayed
      under paragraph (1) in the case of any servicemember, the action
      shall have been deemed to have been filed on the date on which
      the professional liability insurance coverage of the
      servicemember is reinstated under subsection (c).
    (g) Effect of suspension upon limitations period
      In the case of a civil or administrative action for which a stay
    could have been granted under subsection (f) by reason of the
    suspension of professional liability insurance coverage of the
    defendant under this section, the period of the suspension of the
    coverage shall be excluded from the computation of any statutory
    period of limitation on the commencement of such action.
    (h) Death during period of suspension
      If a servicemember whose professional liability insurance
    coverage is suspended under subsection (b) dies during the period
    of the suspension - 
        (1) the requirement for the grant or continuance of a stay in
      any civil or administrative action against such servicemember
      under subsection (f)(1) shall terminate on the date of the death
      of such servicemember; and
        (2) the carrier of the professional liability insurance so
      suspended shall be liable for any claim for damages for
      professional negligence or other professional liability of the
      deceased servicemember in the same manner and to the same extent
      as such carrier would be liable if the servicemember had died
      while covered by such insurance but before the claim was filed.
    (i) Definitions
      For purposes of this section:
      (1) Active duty
        The term "active duty" has the meaning given that term in
      section 101(d)(1) of title 10, United States Code.
      (2) Profession
        The term "profession" includes occupation.
      (3) Professional
        The term "professional" includes occupational.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 703, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2862.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 593, act Oct. 17, 1940, ch. 888, art. VII, Sec.
    703, as added Pub. L. 102-12, Sec. 5(b), Mar. 18, 1991, 105 Stat.
    37, related to reinstatement of health coverage upon release from
    service, prior to the general amendment of this Act by Pub. L. 108-
    189. See section 594 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 594                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 594. Health insurance reinstatement

-STATUTE-
    (a) Reinstatement of health insurance
      A servicemember who, by reason of military service as defined in
    section 703(a)(1) [section 593(a)(1) of this Appendix], is entitled
    to the rights and protections of this Act [sections 501 to 515 and
    516 to 596 of this Appendix] shall also be entitled upon
    termination or release from such service to reinstatement of any
    health insurance that - 
        (1) was in effect on the day before such service commenced; and
        (2) was terminated effective on a date during the period of
      such service.
    (b) No exclusion or waiting period
      The reinstatement of health care insurance coverage for the
    health or physical condition of a servicemember described in
    subsection (a), or any other person who is covered by the insurance
    by reason of the coverage of the servicemember, shall not be
    subject to an exclusion or a waiting period, if - 
        (1) the condition arose before or during the period of such
      service;
        (2) an exclusion or a waiting period would not have been
      imposed for the condition during the period of coverage; and
        (3) if the condition relates to the servicemember, the
      condition has not been determined by the Secretary of Veterans
      Affairs to be a disability incurred or aggravated in the line of
      duty (within the meaning of section 105 of title 38, United
      States Code).
    (c) Exceptions
      Subsection (a) does not apply to a servicemember entitled to
    participate in employer-offered insurance benefits pursuant to the
    provisions of chapter 43 of title 38, United States Code.
    (d) Time for applying for reinstatement
      An application under this section must be filed not later than
    120 days after the date of the termination of or release from
    military service.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 704, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2864.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 594, act Oct. 17, 1940, ch. 888, art. VII, Sec.
    704, as added Pub. L. 107-107, div. A, title XVI, Sec. 1603, Dec.
    28, 2001, 115 Stat. 1276, related to guarantee of residency for
    military personnel, prior to the general amendment of this Act by
    Pub. L. 108-189. See section 595 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 595                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 595. Guarantee of residency for military personnel

-STATUTE-
      For the purposes of voting for any Federal office (as defined in
    section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
    431)) or a State or local office, a person who is absent from a
    State in compliance with military or naval orders shall not, solely
    by reason of that absence - 
        (1) be deemed to have lost a residence or domicile in that
      State, without regard to whether or not the person intends to
      return to that State;
        (2) be deemed to have acquired a residence or domicile in any
      other State; or
        (3) be deemed to have become a resident in or a resident of any
      other State.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 705, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2865.)

-End-



-CITE-
    50 USC APPENDIX Sec. 596                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SERVICEMEMBERS CIVIL RELIEF ACT
    ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178
    TITLE VII - FURTHER RELIEF

-HEAD-
    Sec. 596. Business or trade obligations

-STATUTE-
    (a) Availability of non-business assets to satisfy obligations
      If the trade or business (without regard to the form in which
    such trade or business is carried out) of a servicemember has an
    obligation or liability for which the servicemember is personally
    liable, the assets of the servicemember not held in connection with
    the trade or business may not be available for satisfaction of the
    obligation or liability during the servicemember's military
    service.
    (b) Relief to obligors
      Upon application to a court by the holder of an obligation or
    liability covered by this section, relief granted by this section
    to a servicemember may be modified as justice and equity require.

-SOURCE-
    (Oct. 17, 1940, ch. 888, title VII, Sec. 706, as added Pub. L. 108-
    189, Sec. 1, Dec. 19, 2003, 117 Stat. 2865.)

-End-


-CITE-
    50 USC APPENDIX FIRST WAR POWERS ACT, 1941                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941

-HEAD-
                        FIRST WAR POWERS ACT, 1941                    

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 18, 1941, CH. 593, 55
      STAT. 838                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838

-HEAD-
                 ACT DEC. 18, 1941, CH. 593, 55 STAT. 838             

-End-


-CITE-
    50 USC APPENDIX TITLE I - COORDINATION OF
           EXECUTIVE BUREAUS IN THE INTEREST OF
           THE MORE EFFICIENT CONCENTRATION OF
           THE GOVERNMENT                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE
               MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-HEAD-
    TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE
              MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-End-



-CITE-
    50 USC APPENDIX Secs. 601 to 605                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE I - COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE
               MORE EFFICIENT CONCENTRATION OF THE GOVERNMENT

-HEAD-
    Secs. 601 to 605. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 651

-MISC1-
      Section 601, act Dec. 18, 1941, ch. 593, title I, Sec. 1, 55
    Stat. 838, related to coordination of executive bureaus and offices
    by the President for national defense.
      Section 602, act Dec. 18, 1941, ch. 593, title I, Sec. 2, 55
    Stat. 838, related to consolidation of offices.
      Section 603, act Dec. 18, 1941, ch. 593, title I, Sec. 3, 55
    Stat. 838, related to expenditure of appropriations.
      Section 604, act Dec. 18, 1941, ch. 593, title I, Sec. 4, 55
    Stat. 839, related to elimination of certain bureaus.
      Section 605, act Dec. 18, 1941, ch. 593, title I, Sec. 5, 55
    Stat. 839, related to suspension of conflicting laws.

-End-


-CITE-
    50 USC APPENDIX TITLE II - CONTRACTS                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE II - CONTRACTS

-HEAD-
                           TITLE II - CONTRACTS                       

-End-



-CITE-
    50 USC APPENDIX Sec. 611                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE II - CONTRACTS

-HEAD-
    Sec. 611. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 651

-MISC1-
      Section, acts Dec. 18, 1941, ch. 593, title II, Sec. 201, 55
    Stat. 839; Jan. 12, 1951, ch. 1230, Sec. 1, 64 Stat. 1257, related
    to exemption of war contracts from certain restrictions.

-End-


-CITE-
    50 USC APPENDIX TITLE III - TRADING WITH THE
           ENEMY                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE III - TRADING WITH THE ENEMY

-HEAD-
                    TITLE III - TRADING WITH THE ENEMY                

-End-



-CITE-
    50 USC APPENDIX Sec. 616                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE III - TRADING WITH THE ENEMY

-HEAD-
    Sec. 616. Omitted

-COD-
                               CODIFICATION                           
      Section, act Dec. 18, 1941, ch. 593, title III, Sec. 301, 55
    Stat. 839, amended section 5 of the Trading with the Enemy Act,
    which is classified to section 5 of this Appendix and section 95a
    of Title 12, Banks and Banking.

-End-



-CITE-
    50 USC APPENDIX Sec. 617                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE III - TRADING WITH THE ENEMY

-HEAD-
    Sec. 617. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
      651

-MISC1-
      Section, act Dec. 18, 1941, ch. 593, title III, Sec. 302, 55
    Stat. 840, confirmed certain acts, etc., made under the Trading
    with the Enemy Act.

-End-



-CITE-
    50 USC APPENDIX Sec. 618                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE III - TRADING WITH THE ENEMY

-HEAD-
    Sec. 618. Repealed. July 5, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-
      Section, act Dec. 18, 1941, ch. 593, title III, Sec. 303, 55
    Stat. 840, related to censorship of communications during World War
    II and penalties and forfeitures for violations thereof.

-End-



-CITE-
    50 USC APPENDIX Secs. 619, 620                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE III - TRADING WITH THE ENEMY

-HEAD-
    Secs. 619, 620. Transferred

-COD-
                               CODIFICATION                           
      Section 619, act Dec. 18, 1941, ch. 593, title III, Sec. 304, as
    added Mar. 8, 1946, ch. 83, Sec. 1, 60 Stat. 50, amended the
    Trading with the Enemy Act by adding a section 32, and was
    transferred to section 32 of this Appendix.
      Section 620, act Dec. 18, 1941, ch. 593, title III, Sec. 305, as
    added Aug. 8, 1946, ch. 878, Sec. 1, 60 Stat. 925, amended the
    Trading with the Enemy Act by adding sections 33 to 37, and was
    transferred to sections 33 to 37 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE IV - TIME LIMIT AND SHORT
           TITLE                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE IV - TIME LIMIT AND SHORT TITLE

-HEAD-
                   TITLE IV - TIME LIMIT AND SHORT TITLE               

-End-



-CITE-
    50 USC APPENDIX Secs. 621, 622                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FIRST WAR POWERS ACT, 1941
    ACT DEC. 18, 1941, CH. 593, 55 STAT. 838
    TITLE IV - TIME LIMIT AND SHORT TITLE

-HEAD-
    Secs. 621, 622. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,
      80 Stat. 651

-MISC1-
      Section 621, act Dec. 18, 1941, ch. 593, title IV, Sec. 401, 55
    Stat. 841, provided that sections 601 to 605 and 611 of this
    Appendix would terminate six months after the termination of the
    war or such earlier time as the Congress or President may
    designate.
      Section 622, act Dec. 18, 1941, ch. 593, title IV, Sec. 402, 55
    Stat. 841, provided that act Dec. 18, 1941, may be cited as the
    "First War Powers Act, 1941".

-End-


-CITE-
    50 USC APPENDIX SECOND WAR POWERS ACT, 1942                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942

-HEAD-
                        SECOND WAR POWERS ACT, 1942                    

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 27, 1942, CH. 199, 56
      STAT. 176                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176

-HEAD-
                 ACT MAR. 27, 1942, CH. 199, 56 STAT. 176             

-End-


-CITE-
    50 USC APPENDIX TITLE I - EMERGENCY POWERS OF
           THE INTERSTATE COMMERCE COMMISSION
           OVER MOTOR AND WATER CARRIERS                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION
               OVER MOTOR AND WATER CARRIERS         

-HEAD-
     TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION
                       OVER MOTOR AND WATER CARRIERS

-End-



-CITE-
    50 USC APPENDIX Secs. 631 to 631b                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE I - EMERGENCY POWERS OF THE INTERSTATE COMMERCE COMMISSION
               OVER MOTOR AND WATER CARRIERS         

-HEAD-
    Secs. 631 to 631b. Repealed. Pub. L. 95-473, Sec. 4(b), Oct. 17,
      1978, 92 Stat. 1468

-MISC1-
      Section 631, act Mar. 27, 1942, ch. 199, title I, Sec. 101, 56
    Stat. 177, amended section 304 of former Title 49, Transportation.
      Section 631a, act Mar. 27, 1942, ch. 199, title I, Sec. 102, 56
    Stat. 177, amended section 310a of former Title 49.
      Section 631b, act Mar. 27, 1942, ch. 199, title I, Sec. 103, 56
    Stat. 177, amended section 911 of former Title 49.

-End-


-CITE-
    50 USC APPENDIX TITLE II - ACQUISITION AND
           DISPOSITION OF PROPERTY                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY

-HEAD-
            TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY        

-End-



-CITE-
    50 USC APPENDIX Secs. 632, 632a                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE II - ACQUISITION AND DISPOSITION OF PROPERTY

-HEAD-
    Secs. 632, 632a. Omitted

-COD-
                               CODIFICATION                           
      Sections 632 and 632a were omitted as terminated pursuant to
    section 645 of this Appendix.
      Section 632, act Mar. 27, 1942, ch. 199, title II, Sec. 201, 56
    Stat. 177, added section 2 to act July 2, 1917, ch. 35, section
    171a of Title 50, War and National Defense, authorizing the
    acquisition and disposition of property for military, naval, or
    other war purposes.
      Section 632a, act Mar. 27, 1942, ch. 199, title II, Sec. 202, as
    added Dec. 28, 1945, ch. 590, Sec. 1(a), 59 Stat. 658, provided
    that the authority granted by section 2 of act July 2, 1917, should
    not be exercised after Dec. 28, 1945.
      The following Executive Orders related to the exercise of
    authority under section 632: No. 9129, eff. Apr. 13, 1942, 7 F.R.
    2810; No. 9150, eff. Apr. 28, 1942, 7 F.R. 3217; No. 9186, eff.
    June 5, 1942, 7 F.R. 4317; No. 9194, eff. July 7, 1942, 7 F.R.
    5257; No. 9211, eff. Aug. 1, 1942, 7 F.R. 6030; No. 9217, eff. Aug.
    7, 1942, 7 F.R. 6177; No. 9218, eff. Aug. 11, 1942, 7 F.R. 6381;
    No. 9249, eff. Oct. 1, 1942, 7 F.R. 7874; No. 9280, eff. Dec. 5,
    1942, 7 F.R. 10179; No. 9321, eff. Mar. 25, 1943, 8 F.R. 3749; and
    President's letter of July 31, 1943, 8 F.R. 10702.

-End-


-CITE-
    50 USC APPENDIX TITLE III - PRIORITIES POWERS               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE III - PRIORITIES POWERS

-HEAD-
                       TITLE III - PRIORITIES POWERS                   

-End-



-CITE-
    50 USC APPENDIX Sec. 633                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE III - PRIORITIES POWERS

-HEAD-
    Sec. 633. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Mar. 27, 1942, ch. 199, title III, Sec. 301, 56
    Stat. 177; Dec. 20, 1944, ch. 614, 58 Stat. 827; Aug. 7, 1946, ch.
    770, Sec. 1(26), (31), 60 Stat. 868, which amended section 1152 of
    this Appendix, was omitted as terminated pursuant to the provisions
    of section 645 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE IV - PURCHASE BY FEDERAL
           RESERVE BANKS OF GOVERNMENT
           OBLIGATIONS                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT
                OBLIGATIONS                         

-HEAD-
        TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT
                                OBLIGATIONS

-End-



-CITE-
    50 USC APPENDIX Sec. 634                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE IV - PURCHASE BY FEDERAL RESERVE BANKS OF GOVERNMENT
                OBLIGATIONS                         

-HEAD-
    Sec. 634. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 27, 1942, ch. 199, title IV, Sec. 401, 56 Stat.
    180, which amended section 355(b) of Title 12, Banks and Banking,
    was omitted as terminated pursuant to the provisions of section 645
    of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE V - WAIVER OF NAVIGATION
           AND INSPECTION LAWS                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS

-HEAD-
            TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS        

-End-



-CITE-
    50 USC APPENDIX Sec. 635                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE V - WAIVER OF NAVIGATION AND INSPECTION LAWS

-HEAD-
    Sec. 635. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 27, 1942, ch. 199, title V, Sec. 501, 56 Stat.
    180, which authorized waiver of navigation and inspection laws, was
    omitted as terminated pursuant to the provisions of section 645 of
    this Appendix.


-MISC1-
    VESSELS OF WAR SHIPPING ADMINISTRATION AND THOSE TRAVELLING BETWEEN
                       PUERTO RICO AND UNITED STATES
      Treasury Decisions No. 50756, Oct. 30, 1942, 7 F.R. 9005 and No.
    50811, Feb. 5, 1943, 8 F.R. 1757, related respectively to those
    vessels.

-End-


-CITE-
    50 USC APPENDIX TITLE VI - POWER TO REQUISITION             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VI - POWER TO REQUISITION

-HEAD-
                      TITLE VI - POWER TO REQUISITION                  

-End-



-CITE-
    50 USC APPENDIX Secs. 636, 636a                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VI - POWER TO REQUISITION

-HEAD-
    Secs. 636, 636a. Omitted

-COD-
                               CODIFICATION                           
      Section 636, act Mar. 27, 1942, ch. 199, title VI, Sec. 601, 56
    Stat. 181, amended section 721 of this Appendix, which was omitted
    from the Code.
      Section 636a, act Mar. 27, 1942, ch. 199, title VI, Sec. 602, 56
    Stat. 181, amended section 721 of this Appendix, which was omitted
    from the Code.

-End-


-CITE-
    50 USC APPENDIX TITLE VII - POLITICAL ACTIVITY              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VII - POLITICAL ACTIVITY

-HEAD-
                      TITLE VII - POLITICAL ACTIVITY                  

-End-



-CITE-
    50 USC APPENDIX Sec. 637                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VII - POLITICAL ACTIVITY

-HEAD-
    Sec. 637. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 651

-MISC1-
      Section, act Mar. 27, 1942, ch. 199, title VII, Sec. 701, 56
    Stat. 181, amended section 118i of former Title 5, Executive
    Departments and Government Officers and Employees.

-End-


-CITE-
    50 USC APPENDIX TITLE VIII - PROTECTION OF WAR
           INDUSTRIES AND PROTECTION OF
           RESOURCES SUBJECT TO HAZARDS OF
           FOREST FIRES                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF
                  RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-HEAD-
        TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF
               RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-End-



-CITE-
    50 USC APPENDIX Sec. 638                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE VIII - PROTECTION OF WAR INDUSTRIES AND PROTECTION OF
                  RESOURCES SUBJECT TO HAZARDS OF FOREST FIRES

-HEAD-
    Sec. 638. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 651

-MISC1-
      Section, act Mar. 27, 1942, ch. 199, title VIII, Sec. 801, 56
    Stat. 181, related to utilization of Civilian Conservation Corps.

-End-


-CITE-
    50 USC APPENDIX TITLE IX - FREE POSTAGE FOR
           SOLDIERS, SAILORS, AND MARINES                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-
        TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES    

-End-



-CITE-
    50 USC APPENDIX Sec. 639                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-
    Sec. 639. Repealed. Dec. 28, 1945, ch. 590, Sec. 1(b), 59 Stat. 658

-MISC1-
      Section, act Mar. 27, 1942, ch. 199, title IX, Sec. 901, 56 Stat.
    181, related to free postage for members of the armed forces.

-End-



-CITE-
    50 USC APPENDIX Sec. 639a                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE IX - FREE POSTAGE FOR SOLDIERS, SAILORS, AND MARINES

-HEAD-
    Sec. 639a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.
      641

-MISC1-
      Section, act Oct. 6, 1945, ch. 393, Sec. 10, 59 Stat. 542,
    related to first class mail matter for members of the armed forces
    and termination date.

-End-


-CITE-
    50 USC APPENDIX TITLE X - NATURALIZATION OF
           PERSONS SERVING IN THE ARMED FORCES
           OF THE UNITED STATES DURING THE
           PRESENT WAR                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF
               THE UNITED STATES DURING THE PRESENT WAR

-HEAD-
    TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF
                 THE UNITED STATES DURING THE PRESENT WAR

-End-



-CITE-
    50 USC APPENDIX Sec. 640                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE X - NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF
               THE UNITED STATES DURING THE PRESENT WAR

-HEAD-
    Sec. 640. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280

-MISC1-
      Section, acts Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56
    Stat. 182; Dec. 28, 1945, ch. 590, Sec. 1(c), 59 Stat. 658, were
    amendments to the Nationality Act of 1940 which were formerly
    classified to sections 1001 to 1006 of Title 8, Aliens and
    Nationality (relating to naturalization of persons serving in the
    armed forces of the United States during World War II). See section
    1440 of Title 8.

-End-


-CITE-
    50 USC APPENDIX TITLE XI - ACCEPTANCE OF
           CONDITIONAL GIFTS TO FURTHER THE WAR
           PROGRAM                                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR
                PROGRAM                             

-HEAD-
       TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR
                                  PROGRAM

-End-



-CITE-
    50 USC APPENDIX Secs. 641 to 641f                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XI - ACCEPTANCE OF CONDITIONAL GIFTS TO FURTHER THE WAR
                PROGRAM                             

-HEAD-
    Secs. 641 to 641f. Repealed. June 29, 1946, ch. 526, Sec. 1, 60
      Stat. 345

-MISC1-
      Section 641, act Mar. 27, 1942, ch. 199, title XI, Sec. 1101, 56
    Stat. 183, related to acceptance by Secretary of the Treasury of
    gifts for war purposes.
      Section 641a, act Mar. 27, 1942, ch. 199, title XI, Sec. 1102, 56
    Stat. 183, related to conversion of gift property into money.
      Section 641b, act Mar. 27, 1942, ch. 199, title XI, Sec. 1103, 56
    Stat. 183, related to deposit of moneys in War Contributions Fund.
      Section 641c, act Mar. 27, 1942, ch. 199, title XI, Sec. 1104, 56
    Stat. 183, related to allocation of deposits to pertinent
    appropriations.
      Section 641d, act Mar. 27, 1942, ch. 199, title XI, Sec. 1105, 56
    Stat. 184, related to reports to Congress.
      Section 641e, act Mar. 27, 1942, ch. 199, title XI, Sec. 1106, 56
    Stat. 184, related to penalties for wrongful solicitation or use of
    gifts. Section was also repealed by act June 25, 1948, ch. 645,
    Sec. 21, 62 Stat. 862. See section 663 of Title 18, Crimes and
    Criminal Procedure.
      Section 641f, act Mar. 27, 1942, ch. 199, title XI, Sec. 1107, as
    added by act Dec. 28, 1945, ch. 590, Sec. 1(d), 59 Stat. 658,
    limited scope of authority granted by these sections to the
    personnel of the armed forces stationed abroad.

-End-


-CITE-
    50 USC APPENDIX TITLE XII - COINAGE OF 5-CENT
           PIECES                                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XII - COINAGE OF 5-CENT PIECES

-HEAD-
                   TITLE XII - COINAGE OF 5-CENT PIECES               

-End-



-CITE-
    50 USC APPENDIX Secs. 642 to 642e                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XII - COINAGE OF 5-CENT PIECES

-HEAD-
    Secs. 642 to 642e. Omitted

-COD-
                               CODIFICATION                           
      Section 642, acts Mar. 27, 1942, ch. 199, title XII, Sec. 1201,
    56 Stat. 184; Dec. 28, 1945, ch. 590, Sec. 1(e), 59 Stat. 658,
    which related to temporary coinage of silver and copper 5-cent
    pieces, expired Dec. 31, 1945, by its own terms.
      Section 642a, act Mar. 27, 1942, ch. 199, title XII, Sec. 1202,
    56 Stat. 184, related to allocation of silver bullion to Director
    of Mint for coinage of 5 cent pieces pursuant to section 642 of
    this Appendix.
      Section 642b, act Mar. 27, 1942, ch. 199, title XII, Sec. 1203,
    56 Stat. 184, set standard for silver-copper ingots used for
    coinage pursuant to section 642 of this Appendix and set the weight
    deviation of such coinage.
      Section 642c, act Mar. 27, 1942, ch. 199, title XII, Sec. 1204,
    56 Stat. 184, provided that for purposes of section 341 of former
    Title 31, Money and Finance, the coinage authorized by section 642
    of this Appendix was to be deemed to be copper.
      Section 642d, acts Mar. 27, 1942, ch. 199, title XII, Sec. 1205,
    56 Stat. 184; Dec. 28, 1945, ch. 590, Sec. 1(e), 59 Stat. 658,
    related to redemption, melting, and use of 5-cent pieces for
    subsidiary silver coinage.
      Section 642e, act Mar. 27, 1942, ch. 199, title XII, Sec. 1206,
    56 Stat. 185, related to effective date of sections 642 to 642e of
    this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE XIII - INSPECTION AND
           AUDIT OF WAR CONTRACTORS                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS

-HEAD-
           TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS       

-End-



-CITE-
    50 USC APPENDIX Secs. 643 to 643c                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XIII - INSPECTION AND AUDIT OF WAR CONTRACTORS

-HEAD-
    Secs. 643 to 643c. Omitted

-COD-
                               CODIFICATION                           
      Sections 643 to 643c of this Appendix were omitted as terminated
    six months after the termination of the national emergency
    proclaimed by the President on Dec. 16, 1950, which emergency
    terminated two years from Sept. 14, 1976, pursuant to section 1601
    of Title 50, War and National Defense.
      Section 643, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1301,
    56 Stat. 185, related to inspection of plants and audits of books
    and records of defense contractors, definition of defense contract,
    and designation of the governmental agency or officer to administer
    these functions.
      Section 643a, acts Mar. 27, 1942, ch. 199, title XIII, Sec. 1302,
    56 Stat. 185; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 248, 84
    Stat. 931, related to oaths and affirmations, attendance and
    testimony of witnesses, production of records and other evidence,
    and unlawful disclosure of information obtained.
      Section 643b, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1303,
    56 Stat. 186, related to refusal to give evidence, etc., assistance
    of courts to obtain such evidence, and penalties for such refusal.
      Section 643c, act Mar. 27, 1942, ch. 199, title XIII, Sec. 1304,
    56 Stat. 186, defined "person" for purposes of sections 643 to 643c
    of this Appendix.


-MISC1-
    CONTINUATION OF PROVISIONS UNTIL TERMINATION OF NATIONAL EMERGENCY
      Act June 30, 1953, ch. 169, 67 Stat. 120, provided that sections
    643 to 643c of this Appendix as extended by subsection 1(a)(2) of
    the Emergency Powers Continuation Act (Public Law 450, Eighty-
    second Congress), as amended, remain in full force and effect
    until six months after the termination of the national emergency
    proclaimed by the President on Dec. 16, 1950 (Proc. 2914, 3 C.F.R.
    71, set out as a note preceding section 1 of this Appendix),
    notwithstanding any limitation by reference to war of the time
    during which the powers and authorizations therein granted may be
    exercised, or until such earlier date as may be provided by the
    Congress by concurrent resolution or by the President.
      Provisions of this section were previously extended to July 1,
    1953 by act July 3, 1952, ch. 570, Sec. 1(a)(2), 66 Stat. 331, as
    amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18.
      Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July
    3, 1952, ch. 570, Sec. 1(a)(18), 66 Stat. 331, which continued the
    effectiveness of this section until Apr. 1, 1953. Section 6 of act
    July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54, as
    amended by act May 28, 1952, ch. 339, 66 Stat. 96; act June 14,
    1952, ch. 437, 66 Stat. 137; act June 30, 1952, ch. 526, 66 Stat.
    296, which continued provisions until July 3, 1952. This repeal
    took effect as of June 16, 1952, by section 7 of act July 3, 1952.


-EXEC-
                         EXECUTIVE ORDER NO. 9127                     
      Ex. Ord. No. 9127, eff. Apr. 10, 1942, 7 F.R. 2753, provided for
    the inspection of plants and audit of books of defense contractors.

-End-


-CITE-
    50 USC APPENDIX TITLE XIV - UTILIZATION OF VITAL
           WAR INFORMATION                                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION

-HEAD-
             TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION         

-End-



-CITE-
    50 USC APPENDIX Secs. 644 to 644b                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XIV - UTILIZATION OF VITAL WAR INFORMATION

-HEAD-
    Secs. 644 to 644b. Omitted

-COD-
                               CODIFICATION                           
      Sections 644 to 644b were omitted as terminated pursuant to
    section 645 of this Appendix.
      Section 644, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1401, 56
    Stat. 186, related to special investigations and reports and to
    penalties for refusal to answer questions or for supplying false
    information.
      Section 644a, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1402,
    56 Stat. 186, related to availability of reports to other
    government agencies.
      Section 644b, act Mar. 27, 1942, ch. 199, title XIV, Sec. 1403,
    56 Stat. 186, defined person as used in this title.

-End-


-CITE-
    50 USC APPENDIX TITLE XV - TIME LIMIT AND SHORT
           TITLE                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XV - TIME LIMIT AND SHORT TITLE

-HEAD-
                   TITLE XV - TIME LIMIT AND SHORT TITLE               

-End-



-CITE-
    50 USC APPENDIX Secs. 645 to 645b                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SECOND WAR POWERS ACT, 1942
    ACT MAR. 27, 1942, CH. 199, 56 STAT. 176
    TITLE XV - TIME LIMIT AND SHORT TITLE

-HEAD-
    Secs. 645 to 645b. Omitted

-COD-
                               CODIFICATION                           
      Sections 645 to 645b of this Appendix, which were part of the
    Second War Powers Act, 1942, were omitted in view of the repeal or
    omission of the remaining provisions of the Second War Powers Act,
    1942.
      Section 645, acts Mar. 27, 1942, ch. 199, title XV, Sec. 1501, 56
    Stat. 187; Dec. 20, 1944, ch. 614, 58 Stat. 827; Dec. 28, 1945, ch.
    590, Sec. 1(f), 59 Stat. 658; June 29, 1946, ch. 526, Sec. 1, 60
    Stat. 345; Mar. 31, 1947, ch. 29, Sec. 3, 61 Stat. 34; June 30,
    1947, ch. 184, Sec. 1, 61 Stat. 214; July 15, 1947, ch. 248, Sec.
    3, 61 Stat. 322; Feb. 28, 1948, ch. 85, 62 Stat. 58; June 4, 1948,
    ch. 419, Sec. 1, 62 Stat. 342; June 30, 1949, ch. 289, 63 Stat.
    404, provided for termination of portions of the Second War Powers
    Act, 1942, former sections 631 to 642e, 643 to 643c, 644 to 644b,
    and 645 to 645b of this Appendix, on certain specified dates.
      Section 645a, act Mar. 27, 1942, ch. 199, title XV, Sec. 1502, 56
    Stat. 187, provided that act Mar. 27, 1942, ch. 199, 56 Stat. 176,
    be cited as the "Second War Powers Act, 1942".
      Section 645b, act Mar. 27, 1942, ch. 199, title XV, Sec. 1503, as
    added June 29, 1946, ch. 526, Sec. 2, 60 Stat. 346, provided that
    nothing in the Second War Powers Act, 1942, or any other Federal
    Act, except the Emergency Price Control Act of 1942, sections 901
    to 946 of this Appendix, the Stabilization Act of 1942, sections
    961 to 971 of this Appendix, or the District of Columbia Emergency
    Rent Act be construed to authorize the establishment of price and
    rent controls.


-MISC1-
                        FIRST DECONTROL ACT OF 1947                    
      Act Mar. 31, 1947, ch. 29, 61 Stat. 34, known as the "First
    Decontrol Act of 1947", provided that it was vital to a free
    economy and full production in the United States that all emergency
    controls and war powers under the Second War Powers Act, sections
    631 to 642e, 643 to 643c, 644 to 644b, and 645 to 645b of this
    Appendix, be removed except in certain limited instances, and
    amended section 645 of this Appendix for the purpose of liquidating
    existing emergency controls and war powers and for the purpose of
    affording Congressional committees an opportunity to consider
    specific legislation granting restricted authority in limited
    instances.

                       SECOND DECONTROL ACT OF 1947                   
      Act July 15, 1947, ch. 248, 61 Stat. 321, as amended Feb. 28,
    1948, ch. 85, 62 Stat. 58; June 4, 1948, ch. 419, Sec. 1, 62 Stat.
    342, known as the "Second Decontrol Act of 1947", provided that it
    was the general policy of the United States to eliminate emergency
    wartime controls of materials except to the minimum extent
    necessary, and amended sections 645 and 701 of this Appendix to
    effectuate this policy.

                              APPROPRIATIONS                          
      Act June 30, 1947, ch. 184, Sec. 2, 61 Stat. 214, authorized
    appropriations, out of any money in the Treasury not otherwise
    appropriated, as may be necessary to carry out the provisions of
    act June 30, 1947, amending sections 645 and 701 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX EXPORTATION RESTRICTIONS ON
      CERTAIN ARTICLES                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES

-HEAD-
               EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES           

-End-


-CITE-
    50 USC APPENDIX ACT JULY 2, 1940, CH. 508, 54
      STAT. 714                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES
    ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-
                  ACT JULY 2, 1940, CH. 508, 54 STAT. 714              

-End-



-CITE-
    50 USC APPENDIX Sec. 701                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES
    ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-
    Sec. 701. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section, acts July 2, 1940, ch. 508, Sec. 6, 54 Stat. 714; June
    30, 1942, ch. 461, 56 Stat. 463; July 1, 1944, ch. 360, 58 Stat.
    671; June 30, 1945, ch. 205, 59 Stat. 270; May 23, 1946, ch. 269,
    60 Stat. 215; June 30, 1947, ch. 184, Sec. 1, 61 Stat. 214; July
    15, 1947, ch. 248, Sec. 4, 61 Stat. 323; Dec. 30, 1947, ch. 526,
    Sec. 3(a), 61 Stat. 946, authorized President, until Feb. 28, 1949,
    to prohibit or curtail exportation of any articles, technical data,
    materials, or supplies, except under those rules and regulations as
    he should prescribe. See section 2401 et seq. of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 702                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORTATION RESTRICTIONS ON CERTAIN ARTICLES
    ACT JULY 2, 1940, CH. 508, 54 STAT. 714

-HEAD-
    Sec. 702. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 28, 1941, ch. 134, 55 Stat. 206, extended
    application of section 701 of this Appendix to territories and
    possessions of the United States.

-End-


-CITE-
    50 USC APPENDIX REQUISITION OF MILITARY
      EQUIPMENT, MATERIALS AND SUPPLIES                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES

-HEAD-
         REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES     

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 10, 1940, CH. 836, 54
      STAT. 1090                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES
    ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090

-HEAD-
                 ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090             

-End-



-CITE-
    50 USC APPENDIX Secs. 711 to 713                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES
    ACT OCT. 10, 1940, CH. 836, 54 STAT. 1090

-HEAD-
    Secs. 711 to 713. Omitted

-COD-
                               CODIFICATION                           
      Sections 711 to 713 were omitted as terminated pursuant to
    section 713 of this Appendix.
      Section 711, acts Oct. 10, 1940, ch. 836, Sec. 1, 54 Stat. 1090;
    July 2, 1942, ch. 471, Sec. 1, 56 Stat. 467, authorized President
    to requisition certain military and naval materials, the
    exportation of which had been prohibited or curtailed by law.
    Authority to requisition under Defense Production Act of 1950 was
    contained in section 2081 of this Appendix.
      Section 712, act Oct. 10, 1940, ch. 836, Sec. 2, 54 Stat. 1091,
    provided for compensation for materials requisitioned under
    sections 711 to 713 of this Appendix. Compensation for property
    requisitioned under Defense Production Act of 1950 was provided for
    in section 2081 of this Appendix.
      Section 713, acts Oct. 10, 1940, ch. 836, Sec. 3, 54 Stat. 1091;
    July 2, 1942, ch. 471, Sec. 2, 56 Stat. 468; June 28, 1944, ch.
    308, 58 Stat. 625; June 30, 1945, ch. 207, 59 Stat. 270, provided
    that authority granted in sections 711 to 713 of this Appendix
    should remain in force only until June 30, 1946.


-EXEC-
                         EXECUTIVE ORDER NO. 8567                     
      Ex. Ord. No. 8567, Oct. 15, 1940, 5 F.R. 4121, provided for
    administration of sections 711 to 713 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 16, 1941, CH. 445, 55
      STAT. 742                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES
    ACT OCT. 16, 1941, CH. 445, 55 STAT. 742

-HEAD-
                 ACT OCT. 16, 1941, CH. 445, 55 STAT. 742             

-End-



-CITE-
    50 USC APPENDIX Secs. 721 to 724                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES
    ACT OCT. 16, 1941, CH. 445, 55 STAT. 742

-HEAD-
    Secs. 721 to 724. Omitted

-COD-
                               CODIFICATION                           
      Section 721, acts Oct. 16, 1941, ch. 445, Sec. 1, 55 Stat. 742;
    Mar. 27, 1942, ch. 199, title VI, Secs. 601, 602, 56 Stat. 181;
    June 30, 1943, ch. 181, Sec. 1, 57 Stat. 271; June 28, 1944, ch.
    307, Sec. 1, 58 Stat. 624; June 30, 1945, ch. 208, Sec. 1, 59 Stat.
    271, authorized President, not later than June 30, 1946, to
    requisition certain military materials needed for defense and
    provided for payment of just compensation which might be recovered
    by suits against United States. Authority to requisition under
    Defense Production Act of 1950 was contained in section 2081 of
    this Appendix.
      Section 722, acts Oct. 16, 1941, ch. 445, Sec. 2, 55 Stat. 742;
    June 30, 1943, ch. 181, Sec. 2, 57 Stat. 271; June 28, 1944, ch.
    307, Sec. 2, 58 Stat. 624; June 30, 1945, ch. 208, Sec. 2, 59 Stat.
    271, provided for return of property acquired under sections 721 to
    724 to the owner not later than Dec. 31, 1946, if owner desired it
    and paid fair value thereof.
      Section 723, act Oct. 16, 1941, ch. 445, Sec. 3, 55 Stat. 743,
    related to reports to Congress.
      Section 724, act Oct. 16, 1941, ch. 445, Sec. 4, 55 Stat. 743,
    related to administration of sections 721 to 724 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TERRITORIAL USE OF ARMY AND
      EXTENSION OF SERVICE PERIOD                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD

-HEAD-
          TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD      

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 13, 1941, CH. 571, 55
      STAT. 799                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD
    ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-
                 ACT DEC. 13, 1941, CH. 571, 55 STAT. 799             

-End-



-CITE-
    50 USC APPENDIX Sec. 731                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD
    ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-
    Sec. 731. Omitted

-COD-
                               CODIFICATION                           
      Section, act Dec. 13, 1941, ch. 571, Sec. 1, 55 Stat. 799,
    suspended restrictions on territorial use of Army in sections 301
    to 318 and 401 to 405 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 732                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD
    ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-
    Sec. 732. Transferred

-COD-
                               CODIFICATION                           
      Section, act Dec. 13, 1941, ch. 571, Sec. 2, 55 Stat. 800, which
    extended service periods during any war, was transferred to section
    16a of former Title 10, Army and Air Force. Section 16a of former
    Title 10 was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A
    Stat. 641, and reenacted as sections 3492 and 8492 of Title 10,
    Armed Forces. Said sections 3492 and 8492 of Title 10 were repealed
    by Pub. L. 90-235, Sec. 1(a)(2), Jan. 2, 1968, 81 Stat. 753. See
    section 671a of Title 10.

-End-



-CITE-
    50 USC APPENDIX Sec. 733                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TERRITORIAL USE OF ARMY AND EXTENSION OF SERVICE PERIOD
    ACT DEC. 13, 1941, CH. 571, 55 STAT. 799

-HEAD-
    Sec. 733. Repealed. June 28, 1950, ch. 383, title IV, Sec. 401(a),
      64 Stat. 271

-MISC1-
      Section, act Dec. 13, 1941, ch. 571, Sec. 3, 55 Stat. 800,
    amended section 2 of former Title 10, Army and Air Force.

-End-


-CITE-
    50 USC APPENDIX CIVILIAN PROTECTION FROM WAR
      HAZARDS                                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN PROTECTION FROM WAR HAZARDS

-HEAD-
                   CIVILIAN PROTECTION FROM WAR HAZARDS               

-End-


-CITE-
    50 USC APPENDIX ACT JAN. 27, 1942, CH. 20, 56
      STAT. 19                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN PROTECTION FROM WAR HAZARDS
    ACT JAN. 27, 1942, CH. 20, 56 STAT. 19

-HEAD-
                  ACT JAN. 27, 1942, CH. 20, 56 STAT. 19              

-End-



-CITE-
    50 USC APPENDIX Secs. 741, 742                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN PROTECTION FROM WAR HAZARDS
    ACT JAN. 27, 1942, CH. 20, 56 STAT. 19

-HEAD-
    Secs. 741, 742. Omitted

-COD-
                               CODIFICATION                           
      Sections 741 and 742 were omitted pursuant to Ex. Ord. No. 9562,
    June 5, 1945, 10 F.R. 6639, which terminated the Office of Civilian
    Defense and abolished the functions of the Office and its Director.
    See section 5195 et seq. of Title 42, The Public Health and
    Welfare.
      Section 741, act Jan. 27, 1942, ch. 20, Sec. 1, 56 Stat. 19,
    related to provision by the Director of Civilian Defense of
    protection from bombing attacks and other war hazards.
      Section 742, act Jan. 27, 1942, ch. 20, Sec. 2, 56 Stat. 19,
    related to unlawful use of insignia prescribed by the Director of
    Civilian Defense and interference by the Director of Civilian
    Defense or his agents with local districts or officials.

-End-


-CITE-
    50 USC APPENDIX DECORATIONS, ETC., FOR MERCHANT
      MARINE                                               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE

-HEAD-
                  DECORATIONS, ETC., FOR MERCHANT MARINE              

-End-


-CITE-
    50 USC APPENDIX JOINT RES. APR. 11, 1942, CH.
      241, 56 STAT. 217                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217

-HEAD-
              JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217          

-End-



-CITE-
    50 USC APPENDIX Secs. 751, 752                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    JOINT RES. APR. 11, 1942, CH. 241, 56 STAT. 217

-HEAD-
    Secs. 751, 752. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat.
      449

-MISC1-
      Section 751, act Apr. 11, 1942, ch. 241, 56 Stat. 217, related to
    medals for outstanding conduct or service by persons serving in the
    merchant marines on or after Sept. 3, 1939.
      Section 752, act Apr. 11, 1942, ch. 241, 56 Stat. 217, related to
    use of rosettes or other devices, number of medals to be issued,
    awards for repeated distinguished service, and posthumous award of
    medals.

-End-


-CITE-
    50 USC APPENDIX ACT MAY 10, 1943, CH. 96, 57
      STAT. 81                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    ACT MAY 10, 1943, CH. 96, 57 STAT. 81

-HEAD-
                   ACT MAY 10, 1943, CH. 96, 57 STAT. 81               

-End-



-CITE-
    50 USC APPENDIX Secs. 753 to 753f                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    ACT MAY 10, 1943, CH. 96, 57 STAT. 81

-HEAD-
    Secs. 753 to 753f. Repealed. July 24, 1956, ch. 671, Sec. 5(a)(1),
      70 Stat. 606, eff. July 1, 1954

-MISC1-
      Section 753, act May 10, 1943, ch. 96, Sec. 1, 57 Stat. 81,
    related to seamen's service and war zone insignias and the persons
    eligible therefor.
      Section 753a, act May 10, 1943, ch. 96, Sec. 2, 57 Stat. 81,
    related to seamen's honor bar and to persons eligible therefor.
      Section 753b, act May 10, 1943, ch. 96, Sec. 3, 57 Stat. 82,
    related to a medal for seamen wounded, physically injured, or
    suffering from dangerous exposure from acts of enemy.
      Section 753c, act May 10, 1943, ch. 96, Sec. 4, 57 Stat. 82,
    related to conditions for eligibility of awards, limitation and
    termination of awards, and posthumous awards.
      Section 753d, act May 10, 1943, ch. 96, Sec. 5, 57 Stat. 82,
    related to seamen's service flag and lapel button and persons
    entitled to display it.
      Section 753e, act May 10, 1943, ch. 96, Sec. 6, 57 Stat. 82,
    related to rules and regulations and expenditures of funds.
      Section 753f, act May 10, 1943, ch. 96, Sec. 7, as added July 31,
    1945, ch. 337, 59 Stat. 511; amended Aug. 7, 1946, ch. 786, 60
    Stat. 884, prescribed regulations governing manufacture, sale,
    possession, or display of awards and decorations, and penalties for
    violations.
      See sections 249 to 249c of Title 46, Appendix, Shipping.

              REPLACEMENT OF AWARDS, MEDALS, AND DECORATIONS          
      Section 5(b) of act July 24, 1956, which authorized the Secretary
    of Commerce, notwithstanding the repeal of sections 753 to 753f,
    754 to 754b, and 1471 to 1475 of this Appendix, under such rules
    and regulations as he may from time to time prescribe, to make
    replacements at cost or permit replacements at reasonable prices by
    persons authorized by him of the awards, medals, decorations, or
    other articles issued under such sections, if lost, destroyed, or
    rendered unfit for use, without fault or neglect on the part of the
    owner, was repealed by Pub. L. 100-324, Sec. 9, May 30, 1988, 102
    Stat. 577. See section 2004(c) of Title 46, Appendix, Shipping.

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 8, 1946, CH. 918, 60
      STAT. 960                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    ACT AUG. 8, 1946, CH. 918, 60 STAT. 960

-HEAD-
                  ACT AUG. 8, 1946, CH. 918, 60 STAT. 960              

-End-



-CITE-
    50 USC APPENDIX Secs. 754 to 754b                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DECORATIONS, ETC., FOR MERCHANT MARINE
    ACT AUG. 8, 1946, CH. 918, 60 STAT. 960

-HEAD-
    Secs. 754 to 754b. Repealed. July 24, 1956, ch. 671, Sec. 5(a)(2),
      70 Stat. 606, eff. July 1, 1954

-MISC1-
      Section 754, act Aug. 8, 1946, ch. 918, Sec. 1, 60 Stat. 960,
    provided for award of service medals and honorable discharge
    buttons (including posthumous award) to officers and crew in
    merchant marine who served honorably in a war zone for thirty days
    between Dec. 7, 1941, and Sept. 3, 1945, and who were entitled to a
    certificate of substantially continuous service between May 1, 1940
    and July 25, 1947, pursuant to regulations prescribed by Maritime
    Commission.
      Section 754a, act Aug. 8, 1946, ch. 918, Sec. 2, 60 Stat. 960,
    authorized funds required to make awards of service medals and
    honorable discharge buttons pursuant to sections 754 to 754b of
    this Appendix.
      Section 754b, act Aug. 8, 1946, ch. 918, Sec. 3, 60 Stat. 960,
    related to regulations governing manufacture, sale, or use of
    decorations, and the penalties for violation.

              REPLACEMENT OF AWARDS, MEDALS, AND DECORATIONS          
      For replacement of awards, medals, and decorations, see section
    2004(c) of Title 46, Appendix, Shipping.

-End-


-CITE-
    50 USC APPENDIX USE OF PUBLIC LANDS FOR WAR
      PURPOSES                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    USE OF PUBLIC LANDS FOR WAR PURPOSES

-HEAD-
                   USE OF PUBLIC LANDS FOR WAR PURPOSES               

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 5, 1942, CH. 346, 56
      STAT. 323                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    USE OF PUBLIC LANDS FOR WAR PURPOSES
    ACT JUNE 5, 1942, CH. 346, 56 STAT. 323

-HEAD-
                  ACT JUNE 5, 1942, CH. 346, 56 STAT. 323              

-End-



-CITE-
    50 USC APPENDIX Secs. 756 to 759                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    USE OF PUBLIC LANDS FOR WAR PURPOSES
    ACT JUNE 5, 1942, CH. 346, 56 STAT. 323

-HEAD-
    Secs. 756 to 759. Repealed. July 25, 1947, ch. 327, Sec. 1, 61
      Stat. 449

-MISC1-
      Section 756, act June 5, 1942, ch. 346, Sec. 1, 56 Stat. 323,
    provided for lease or sale of vacant public lands withdrawn or
    reserved under certain Executive Orders or within a grazing
    district for use in connection with manufacture of arms, etc.
      Section 757, act June 5, 1942, ch. 346, Sec. 2, 56 Stat. 323,
    provided that lessee's interest in public lands leased under
    sections 756 to 759 should be taxable by States and political
    subdivisions thereof.
      Section 758, act June 5, 1942, ch. 346, Sec. 3, 56 Stat. 323,
    provided for rules and regulations.
      Section 759, act June 5, 1942, ch. 346, Sec. 4, 56 Stat. 323,
    provided a termination date for sections 756 to 759 of this
    Appendix.

-End-


-CITE-
    50 USC APPENDIX MISCELLANEOUS PROVISIONS
      AFFECTING MILITARY ESTABLISHMENT                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT

-HEAD-
         MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT     

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 5, 1942, CH. 340, 56
      STAT. 314                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
                  ACT JUNE 5, 1942, CH. 340, 56 STAT. 314              

-End-



-CITE-
    50 USC APPENDIX Secs. 761, 762                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
    Secs. 761, 762. Omitted

-COD-
                               CODIFICATION                           
      Sections 761 and 762 were omitted as terminated pursuant to
    section 776 of this Appendix.
      Section 761, act June 5, 1942, ch. 340, Sec. 1, 56 Stat. 314,
    authorized Secretary of War to provide for entertainment and
    instruction of enlisted personnel and employment of interns in the
    Medical Department at not to exceed $720 per annum. See
    Continuation of Section 761 note set out below.
      Section 762, act June 5, 1942, ch. 340, Sec. 2, 56 Stat. 314,
    suspended all provisions of law existing on June 5, 1942, limiting
    the strength of any branch of the Army, the number of aviation
    cadets in the Army Air Corps, the number of assistant
    superintendents of the Army Nurse Corps, the number and grade of
    reserve officers who might be ordered to extended active duty, and
    the number of officers of the Army who might be required to
    participate in aerial flights. Such strength limitations were
    superseded by section 452 of this Appendix and sections 3201, 3205,
    3213, 3222, 3223, 3225 [see 522, 12002, and 12008] of Title 10,
    Armed Forces. Appointments as assistant superintendents of the Army
    Nurse Corps have ceased to exist under section 166l of former Title
    10, Army and Air Force, and limitations as to number of reserve
    officers on active duty and number of officers participating in
    aerial flights, sections 369a and 292 of former Title 10, were
    repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641.


-MISC1-
             CONTINUATION OF SECTION 761 UNTIL AUGUST 1, 1953         
      Act June 30, 1953, ch. 172, 67 Stat. 132, and act Mar. 31, 1953,
    ch. 13, Sec. 1, 67 Stat. 18, amended act July 3, 1952, ch. 570, 66
    Stat. 332, which provided that section 761 of this Appendix should
    continue in force in no event beyond Aug. 1, 1953.

                REPEAL OF PRIOR ACTS CONTINUING SECTION 761            
      Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July
    3, 1952, ch. 570, Sec. 1(a)(18), which continued the effectiveness
    of section 761 of this Appendix until Apr. 1, 1953. Section 6 of
    act July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54;
    amended May 28, 1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437,
    66 Stat. 137; June 30, 1952, ch. 526, 66 Stat. 296, which continued
    provisions until July 3, 1952. This repeal took effect as of June
    16, 1952, by section 7 of act July 3, 1952.

-End-



-CITE-
    50 USC APPENDIX Sec. 763                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
    Sec. 763. Repealed. Sept. 23, 1950, ch. 1010, Sec. 3(a), 64 Stat.
      986

-MISC1-
      Section, act June 5, 1942, ch. 340, Sec. 3, 56 Stat. 314, related
    to appointment and transfer of civilian employers for foreign
    service and transportation of employees, dependents, and effects.

-End-



-CITE-
    50 USC APPENDIX Sec. 764                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
    Sec. 764. Omitted

-COD-
                               CODIFICATION                           
      Section 764, act June 5, 1942, ch. 340, Sec. 4(a)-(d), 56 Stat.
    315, relating to travel allowances for dependents and effects of
    military personnel, were repealed by act Oct. 12, 1949, ch. 681,
    title V, Sec. 531(c)(11), 63 Stat. 840, eff. Jan. 1, 1950. See
    section 404 et seq. of Title 37, Pay and Allowances of the
    Uniformed Services.
      Section 764, act June 5, 1942, ch. 340, Sec. 4(e), as added Feb.
    12, 1946, ch. 6, Sec. 4, 60 Stat. 5; amended Oct. 12, 1949, ch.
    681, title V, Sec. 525(a), 63 Stat. 836, provided for monetary
    payments in lieu of transportation authorized by section 763(b),
    (c) of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 765                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
    Sec. 765. Repealed. Sept. 23, 1950, ch. 1010, Sec. 3(a), 64 Stat.
      986

-MISC1-
      Section, acts June 5, 1942, ch. 340, Sec. 5, 56 Stat. 316; Oct.
    12, 1949, ch. 681, title V, Sec. 525(b), 63 Stat. 836, related to
    availability of funds for transportation of baggage, etc. See
    section 5701 et seq. of Title 5, Government Organization and
    Employees.

-End-



-CITE-
    50 USC APPENDIX Secs. 766 to 776                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 5, 1942, CH. 340, 56 STAT. 314

-HEAD-
    Secs. 766 to 776. Omitted

-COD-
                               CODIFICATION                           
      Sections 766 to 776 were omitted as terminated pursuant to
    section 776 of this Appendix.
      Section 766, act June 5, 1942, ch. 340, Sec. 6, 56 Stat. 316,
    made available for lease of vessels Army transportation funds.
      Section 767, act June 5, 1942, ch. 340, Sec. 7, 56 Stat. 316,
    made funds available for acquisition of land, rights pertaining
    thereto, leasehold and other interests, temporary uses, and
    approval of title. Such provisions continued until Aug. 1, 1953, as
    provided in Continuation of Section 767 note set out below.
      Section 768, act June 5, 1942, ch. 340, Sec. 8, 56 Stat. 316,
    limited fixed fee to 6 per centum on cost-plus contracts for
    military posts.
      Section 769, act June 5, 1942, ch. 340, Sec. 9, 56 Stat. 316,
    extended act Mar. 5, 1940, ch. 44, 54 Stat. 45, relating to
    aircraft procurement, which was repealed by act July 25, 1947, ch.
    327, Sec. 1, 61 Stat. 449.
      Section 770, act June 5, 1942, ch. 340, Sec. 10, 56 Stat. 316,
    made available the funds of Engineer Service, Army, for expenses of
    operation of railroad.
      Section 771, act June 5, 1942, ch. 340, Sec. 11, 56 Stat. 316,
    made funds available for acquisition of leasehold and other
    interests in land, temporary uses, and approval of title. Such
    provisions continued until Aug. 1, 1953, as provided in
    Continuation of Section 771 note set out below.
      Section 772, act June 5, 1942, ch. 340, Sec. 12, 56 Stat. 316,
    related to employment of necessary personnel for production of
    plans for Army projects and their compensation.
      Section 773, act June 5, 1942, ch. 340, Sec. 13, 56 Stat. 317,
    extended provisions of section 1171(a), (b) of this Appendix to
    moneys appropriated for Department of the Army for national
    defenses during World War II and was repealed by act Aug. 10, 1956,
    ch. 1041, Sec. 53, 70A Stat. 672.
      Section 774, act June 5, 1942, ch. 340, Sec. 14, 56 Stat. 317,
    related to suspension of limitations on number of aircraft.
      Section 775, act June 5, 1942, ch. 340, Sec. 15, 56 Stat. 317,
    provided that sections 761 to 776 of this Appendix were not to
    limit or effect any power or authority granted or conferred by the
    First War Powers Act, 1941 [sections 601 to 605, 611, and 616 to
    622 of this Appendix] or the Second War Powers Act, 1942 [sections
    631 to 642e, 643 to 643c, 644 to 644b, and 645 to 645b of this
    Appendix].
      Section 776, act June 5, 1942, ch. 340, Sec. 16, 56 Stat. 317,
    provided that provisions of sections 761 to 776 of this Appendix
    should remain in force during the continuance of World War II and
    for six months after its termination. For termination of state of
    war, see notes set out preceding section 1 of this Appendix.


-MISC1-
          CONTINUATION OF SECTIONS 767, 771 UNTIL AUGUST 1, 1953      
      Section 1(a)(5) of act July 3, 1952, ch. 570, 66 Stat. 331, as
    amended Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18; June 30, 1953,
    ch. 172, 67 Stat. 132, provided that sections 767 and 771 of this
    Appendix should continue in force until six months after the
    termination of the national emergency proclaimed by the President
    on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029, set out as a note
    preceding section 1 of this Appendix, or such earlier date or dates
    as may be provided for by Congress, but in no event beyond Aug. 1,
    1953, as extended from Apr. 1, 1953.

             REPEAL OF PRIOR ACTS CONTINUING SECTIONS 767, 771         
      Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July
    3, 1952, ch. 570, Sec. 1(a)(18), 66 Stat. 331, which continued the
    effectiveness of this section until Apr. 1, 1953. Section 6 of act
    July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54;
    amended May 28, 1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437,
    66 Stat. 137; June 30, 1952, ch. 526, 66 Stat. 296, which continued
    provisions until July 3, 1952. This repeal took effect as of June
    16, 1952, by section 7 of Joint Res. July 3, 1952.

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 28, 1944, CH. 306, 58
      STAT. 624                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 28, 1944, CH. 306, 58 STAT. 624

-HEAD-
                 ACT JUNE 28, 1944, CH. 306, 58 STAT. 624             

-End-



-CITE-
    50 USC APPENDIX Sec. 777                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT JUNE 28, 1944, CH. 306, 58 STAT. 624

-HEAD-
    Sec. 777. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 28, 1944, ch. 306, 58 Stat. 624, which related
    to naval plantations outside the continental United States and to
    availability of appropriations for management and operation, was
    originally a temporary war measure and was made permanent
    legislation and transferred to section 1213 of former Title 10,
    Army and Air Force, and to section 555a of former Title 34, Navy.
    Section 1213 of former Title 10 and section 555a of former Title 34
    were repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.
    641 and reenacted as section 2421 of Title 10, Armed Forces.

-End-


-CITE-
    50 USC APPENDIX ACT FEB. 21, 1946, CH. 34, Sec.
      3, 60 STAT. 27                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT FEB. 21, 1946, CH. 34, Sec. 1A3, 60 STAT. 27

-HEAD-
              ACT FEB. 21, 1946, CH. 34, SEC. 3, 60 STAT. 27          

-End-



-CITE-
    50 USC APPENDIX Sec. 778                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISCELLANEOUS PROVISIONS AFFECTING MILITARY ESTABLISHMENT
    ACT FEB. 21, 1946, CH. 34, Sec. 1A3, 60 STAT. 27

-HEAD-
    Sec. 778. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section, act Feb. 21, 1946, ch. 34, Sec. 3, 60 Stat. 27,
    authorized Secretary of the Navy to convene boards of officers to
    recommend retirement of Regular Navy and Marine Corps Officers in
    certain ranks and by section 12 of that act provided that those
    provisions terminate on June 30 of fiscal year following that in
    which World War II is declared ended.

-End-


-CITE-
    50 USC APPENDIX PHOTOGRAPHING, MAPPING OR OTHER
      REPRESENTATION OF MILITARY OR DEFENSE
      PROPERTIES                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR
      DEFENSE PROPERTIES                                      

-HEAD-
       PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR
                            DEFENSE PROPERTIES

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 25, 1942, CH. 447, 56
      STAT. 390                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR
      DEFENSE PROPERTIES                                      
    ACT JUNE 25, 1942, CH. 447, 56 STAT. 390

-HEAD-
                 ACT JUNE 25, 1942, CH. 447, 56 STAT. 390             

-End-



-CITE-
    50 USC APPENDIX Secs. 781 to 785                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    PHOTOGRAPHING, MAPPING OR OTHER REPRESENTATION OF MILITARY OR
      DEFENSE PROPERTIES                                      
    ACT JUNE 25, 1942, CH. 447, 56 STAT. 390

-HEAD-
    Secs. 781 to 785. Omitted

-COD-
                               CODIFICATION                           
      Sections 781 to 785 of this Appendix were omitted as terminated
    six months after the termination of the national emergency
    proclaimed by the President on Dec. 16, 1950, which emergency
    terminated two years from Sept. 14, 1976, pursuant to section 1601
    of Title 50, War and National Defense.
      Section 781, act June 25, 1942, ch. 447, Sec. 1, 56 Stat. 390,
    provided that photographing, sketching, mapping, etc., of military
    or naval reservations, properties, equipment, etc., is unlawful.
      Section 782, act June 25, 1942, ch. 447, Sec. 2, 56 Stat. 391,
    provided authority to grant permission to photograph, sketch, map,
    etc., if national defense interests were not adversely affected.
      Section 783, act June 25, 1942, ch. 447, Sec. 3, 56 Stat. 391,
    provided penalties for violations of sections 781 to 785 of this
    Appendix.
      Section 784, act June 25, 1942, ch. 447, Sec. 4, 56 Stat. 391;
    Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat. 1352,
    provided that sections 781 to 785 of this Appendix apply in all
    places within territory or jurisdiction of United States.
      Section 785, acts June 25, 1942, ch. 447, Sec. 5, 56 Stat. 391;
    June 4, 1953, ch. 97, 67 Stat. 41, provided that sections 781 to
    785 of this Appendix be effective only until six months after
    termination of national emergency proclaimed by President on Dec.
    16, 1950.

-End-


-CITE-
    50 USC APPENDIX EXEMPTION OF CERTAIN ARTICLES
      FROM IMPORT DUTIES AND TAXES                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES

-HEAD-
        EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES    

-End-


-CITE-
    50 USC APPENDIX JOINT RES. JUNE 27, 1942, CH.
      455, 56 STAT. 461                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES
    JOINT RES. JUNE 27, 1942, CH. 455, 56 STAT. 461

-HEAD-
              JOINT RES. JUNE 27, 1942, CH. 455, 56 STAT. 461          

-End-



-CITE-
    50 USC APPENDIX Secs. 791 to 795                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES
    JOINT RES. JUNE 27, 1942, CH. 455, 56 STAT. 461

-HEAD-
    Secs. 791 to 795. Omitted

-COD-
                               CODIFICATION                           
      Sections 791 to 795 were omitted as terminated pursuant to
    section 795 of this Appendix.
      Section 791, Joint Res. June 27, 1942, ch. 455, Sec. 1, 56 Stat.
    461, provided for importation of articles for members of armed
    forces of United Nations, other than those of the United States,
    free of duties, internal-revenue taxes, and customs charges.
      Section 792, Joint Res. June 27, 1942, ch. 455, Sec. 2, 56 Stat.
    462, contained similar exemptions for articles for enemy prisoners
    of war and enemy civilian internees and detainees.
      Section 793, Joint Res. June 27, 1942, ch. 455, Sec. 3, 56 Stat.
    462, contained similar exemptions for articles made by members of
    United Nations armed forces detained as prisoners of war or made by
    nationals of United States interned or detained by enemy.
      Section 794, Joint Res. June 27, 1942, ch. 455, Sec. 4, 56 Stat.
    462, authorized regulations by Secretary of the Treasury governing
    exemptions under sections 791 to 795 of this Appendix.
      Section 795, Joint Res. June 27, 1942, ch. 455, Sec. 5, 56 Stat.
    462; Aug. 8, 1947, ch. 515, Sec. 2, 61 Stat. 917, provided that
    sections 791 to 795 of this Appendix should be effective as to
    articles entered for consumption or withdrawn from warehouse for
    consumption on or after June 27, 1942, and before July 1, 1948.

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 27, 1942, CH. 453, 56
      STAT. 461                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES
    ACT JUNE 27, 1942, CH. 453, 56 STAT. 461

-HEAD-
                 ACT JUNE 27, 1942, CH. 453, 56 STAT. 461             

-End-



-CITE-
    50 USC APPENDIX Sec. 801                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES
    ACT JUNE 27, 1942, CH. 453, 56 STAT. 461

-HEAD-
    Sec. 801. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 27, 1942, ch. 453, Sec. 1, 56 Stat. 461; June
    30, 1955, ch. 258, Sec. 1(a), 69 Stat. 242, provided for free
    importation of personal and household effects brought into United
    States under Government orders. Provisions were superseded and
    incorporated in Tariff Schedules of the United States, as item
    915.20 of the temporary legislation in the Appendix to the Tariff
    Schedules, and upon repeal of such item 915.00 as item 817.00 of
    the permanent legislation in Schedule 8, Special Classification
    Provisions. See Publication of Harmonized Tariff Schedule note set
    out under section 1202 of Title 19, Customs Duties.

-End-



-CITE-
    50 USC APPENDIX Sec. 802                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXEMPTION OF CERTAIN ARTICLES FROM IMPORT DUTIES AND TAXES
    ACT JUNE 27, 1942, CH. 453, 56 STAT. 461

-HEAD-
    Sec. 802. Repealed. June 30, 1955, ch. 258, Sec. 1(a), 69 Stat. 242

-MISC1-
      Section, acts June 27, 1942, ch. 453, Sec. 2, 56 Stat. 461; Apr.
    4, 1953, ch. 21, Sec. 1, 67 Stat. 22, prescribed effective date of
    section 801 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TEMPORARY APPOINTMENTS,
      PROMOTIONS, ETC., OF NAVY, MARINE CORPS,
      AND COAST GUARD OFFICERS                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS, AND
      COAST GUARD OFFICERS                                    

-HEAD-
     TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS,
                         AND COAST GUARD OFFICERS

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 30, 1942, CH. 462, 56
      STAT. 463                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS, AND
      COAST GUARD OFFICERS                                    
    ACT JUNE 30, 1942, CH. 462, 56 STAT. 463

-HEAD-
                 ACT JUNE 30, 1942, CH. 462, 56 STAT. 463             

-End-



-CITE-
    50 USC APPENDIX Secs. 806 to 810                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS, AND
      COAST GUARD OFFICERS                                    
    ACT JUNE 30, 1942, CH. 462, 56 STAT. 463

-HEAD-
    Secs. 806 to 810. Omitted

-COD-
                               CODIFICATION                           
      Sections 806 to 810 were omitted as terminated pursuant to
    section 814 of this Appendix.
      Section 806, act June 30, 1942, ch. 462, Sec. 1, 56 Stat. 463,
    suspended the provisions of existing law relating to periodic
    computations for the purpose of determining the authorized number
    of commissioned officers in the various grades of the line of the
    Regular Navy and of the Marine Corps, the permanent promotion or
    advancement of all officers of the Navy and Marine Corps, and the
    involuntary retirement or honorable discharge of such officers by
    reason of failure of selection or upon completion of designated
    periods of service. Under section 813 of this Appendix, this
    section also applied to officer personnel of the Coast Guard. This
    section was repealed insofar as it related to the Navy and Marine
    Corps by act Aug. 7, 1947, ch. 512, title IV, Sec. 426(a), 61 Stat.
    880. It was superseded with respect to the Coast Guard by section
    42 of Title 14, Coast Guard.
      Section 807, act June 30, 1942, ch. 462, Sec. 2, 56 Stat. 464,
    related to the number of rear admirals entitled to pay and
    allowances of rear admirals of the upper half. It was repealed
    insofar as it related to the Navy and Marine Corps by act Aug. 7,
    1947, ch. 512, title IV, Sec. 426(a), 61 Stat. 880, and superseded
    with respect to the Coast Guard by section 462 of former Title 14,
    Coast Guard, which is covered by section 202 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 808, act June 30, 1942, ch. 462, Sec. 3, 56 Stat. 464,
    provided for modification of age limits for original appointments
    to commissioned rank in staff corps.
      Section 809, act June 30, 1942, ch. 462, Sec. 4, 56 Stat. 464,
    which was an amendment of provisions concerning appointment of
    certain reserve officers to regular Navy or Marine Corps, was a
    permanent provision under section 814 of this Appendix, and was set
    out as sections 737a and 853c-2a of former Title 34, Navy, which
    were repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.
    641. See sections 2104, 2106, and 6914 of Title 10, Armed Forces.
      Section 810, act June 30, 1942, ch. 462, Sec. 5, 56 Stat. 465,
    related to temporarily promoted officers, pay and allowances, and
    date of acceptance of appointment. It was repealed insofar as it
    related to the Navy and Marine Corps by act Aug. 7, 1947, ch. 512,
    title IV, Sec. 426(a), 61 Stat. 880, and reenacted as section 350k
    of former Title 34, Navy, by act May 22, 1950, ch. 193, Sec. 3, 64
    Stat. 187. Although section 810 applied to the Coast Guard under
    section 813 of this Appendix, it was superseded in this respect by
    section 350k of Title 34, which applied to the Coast Guard under
    section 350j of former Title 34. Sections 350j and 350k of former
    Title 34 were repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A
    Stat. 641, and replaced by sections 5597 and 5787 of Title 10,
    Armed Forces, section 351 of Title 14, Coast Guard, and section
    212(f) of Title 42, The Public Health and Welfare.

-End-



-CITE-
    50 USC APPENDIX Sec. 811                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS, AND
      COAST GUARD OFFICERS                                    
    ACT JUNE 30, 1942, CH. 462, 56 STAT. 463

-HEAD-
    Sec. 811. Repealed. Feb. 21, 1946, ch. 34, Sec. 11(b), 60 Stat. 29

-MISC1-
      Section, act June 30, 1942, ch. 462, Sec. 6, 56 Stat. 465,
    related to retired grade and pay of officers retired for age while
    serving under temporary promotion. See section 6151 of Title 10,
    Armed Forces.

-End-



-CITE-
    50 USC APPENDIX Secs. 812 to 814                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS, PROMOTIONS, ETC., OF NAVY, MARINE CORPS, AND
      COAST GUARD OFFICERS                                    
    ACT JUNE 30, 1942, CH. 462, 56 STAT. 463

-HEAD-
    Secs. 812 to 814. Omitted

-COD-
                               CODIFICATION                           
      Sections 812 to 814 were omitted as terminated pursuant to
    section 814 of this Appendix.
      Section 812, act June 30, 1942, ch. 462, Sec. 7, 56 Stat. 465,
    amended sections 350 and 350i of former Title 34, Navy. It was
    repealed insofar as it related to the Navy and Marine Corps by act
    Aug. 7, 1947, ch. 512, title IV, Sec. 426(a), 61 Stat. 880. It was
    superseded with respect to the Coast Guard by act June 3, 1948, ch.
    395, 62 Stat. 302.
      Section 813, act June 30, 1942, ch. 462, Sec. 8, 56 Stat. 465,
    provided: "The provisions of this Act [sections 806 to 814 of this
    Appendix] except as may be necessary to adapt the said provisions
    to the Coast Guard, shall apply to officer personnel of the Coast
    Guard in like manner and to the same extent and with the same
    relative conditions in all respects as are provided for the officer
    personnel of the Navy and Marine Corps." It appears that section
    808 of this Appendix does not apply to the Coast Guard since it has
    no staff officers and that section 809 does not apply because it
    amends provisions relating only to the Navy and Marine Corps. As
    pointed out in notes under sections 806, 807, 810, and 812, they
    have been superseded with respect to the Coast Guard.
      Section 814, act June 30, 1942, ch. 462, Sec. 9, 56 Stat. 465,
    prohibited any reduction of pay by virtue of sections 806 to 814 of
    this Appendix, and provided for termination of sections 806 to 814
    of this Appendix on June 30 of fiscal year following that in which
    World War II ended. See Termination of State of War notes preceding
    section 1, of this Appendix. See note for former section 809 of
    this Appendix for its disposition, such section having been
    excepted from the termination provisions.

-End-


-CITE-
    50 USC APPENDIX JURISDICTION OF PRIZES AND PRIZE
      PROCEEDINGS                                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    JURISDICTION OF PRIZES AND PRIZE PROCEEDINGS

-HEAD-
               JURISDICTION OF PRIZES AND PRIZE PROCEEDINGS           

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 18, 1942, CH. 553, 56
      STAT. 746                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    JURISDICTION OF PRIZES AND PRIZE PROCEEDINGS
    ACT AUG. 18, 1942, CH. 553, 56 STAT. 746

-HEAD-
                 ACT AUG. 18, 1942, CH. 553, 56 STAT. 746             

-End-



-CITE-
    50 USC APPENDIX Secs. 821 to 828                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    JURISDICTION OF PRIZES AND PRIZE PROCEEDINGS
    ACT AUG. 18, 1942, CH. 553, 56 STAT. 746

-HEAD-
    Secs. 821 to 828. Transferred

-COD-
                               CODIFICATION                           
      Section 821, act Aug. 18, 1942, ch. 553, Sec. 1, 56 Stat. 746,
    which related to jurisdiction of prizes and proceedings for their
    condemnation, was transferred to section 1159 of former Title 34,
    Navy. Section 1159 of former Title 34 was repealed by act Aug. 10,
    1956, ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as sections
    7651 and 7652(a) and (b) of Title 10, Armed Forces.
      Section 822, act Aug. 18, 1942, ch. 553, Sec. 2, 56 Stat. 746,
    which related to venue of proceedings, was transferred to section
    1160 of former Title 34, Navy. Section 1160 of former Title 34 was
    repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641,
    and reenacted as section 7653 of Title 10, Armed Forces.
      Section 823, act Aug. 18, 1942, ch. 553, Sec. 3, 56 Stat. 746,
    which related to consent of cobelligerent to exercise of
    jurisdiction or taking of prize involving territorial waters of
    cobelligerent, was transferred to section 1161 of former Title 34,
    Navy. Section 1161 of former Title 34 was repealed by act Aug. 10,
    1956, ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as section
    7652(c) of Title 10, Armed Forces.
      Section 824, act Aug. 18, 1942, ch. 553, Sec. 4, 56 Stat. 746,
    which related to the power of the War Shipping Administration to
    appropriate property, was transferred to section 1162 of former
    Title 34, Navy. Section 1162 of former Title 34 was repealed by act
    Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as
    section 7663(a) of Title 10, Armed Forces.
      Section 825, act Aug. 18, 1942, ch. 553, Sec. 5, 56 Stat. 746,
    which related to appointment, qualifications, and powers and duties
    of special prize commissioners, was transferred to section 1163 of
    former Title 34, Navy. Section 1163 of former Title 34 was repealed
    by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641, and
    reenacted as sections 7655 and 7676 of Title 10, Armed Forces.
      Section 826, act Aug. 18, 1942, ch. 553, Sec. 6, 56 Stat. 746,
    which related to rules governing jurisdiction and construction with
    other laws relating to prizes, was transferred to section 1164 of
    former Title 34, Navy. Section 1164 of former Title 34 was repealed
    by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641.
      Section 827, act Aug. 18, 1942, ch. 553, Sec. 7, 56 Stat. 746,
    which related to reciprocal privileges and jurisdiction of
    cobelligerents, was transferred to section 1165 of former Title 34,
    Navy. Section 1165 of former Title 34 was repealed by act Aug. 10,
    1956, ch. 1041, Sec. 53, 70A Stat. 641, and reenacted as section
    7681 of Title 10, Armed Forces.
      Section 828, act Aug. 18, 1942, ch. 553, Sec. 8, 56 Stat. 746,
    which related to effect on jurisdiction under other laws, was
    transferred to section 1166 of former Title 34, Navy. Section 1166
    of former Title 34 was repealed by act Aug. 10, 1956, ch. 1041,
    Sec. 53, 70A Stat. 641.

-End-


-CITE-
    50 USC APPENDIX CERTAIN ALLOWANCE ASSISTANCE FOR
      CIVILIAN AND MILITARY PERSONNEL                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL

-HEAD-
     CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL 

-End-


-CITE-
    50 USC APPENDIX ACTS OCT. 14, 1942, CH. 603, 56
      STAT. 786; NOV. 28, 1943, CH. 330, 57
      STAT. 593                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACTS OCT. 14, 1942, CH. 603, 56 STAT. 786; NOV. 28, 1943, CH. 330,
      57 STAT. 593                                            

-HEAD-
    ACTS OCT. 14, 1942, CH. 603, 56 STAT. 786; NOV. 28, 1943, CH. 330,
                               57 STAT. 593

-End-



-CITE-
    50 USC APPENDIX Secs. 831 to 833f                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACTS OCT. 14, 1942, CH. 603, 56 STAT. 786; NOV. 28, 1943, CH. 330,
      57 STAT. 593                                            

-HEAD-
    Secs. 831 to 833f. Repealed. Oct. 12, 1949, ch. 681, title V, Sec.
      531(c)(13), (16), 63 Stat. 840, eff. Jan. 1, 1950

-MISC1-
      Section 831, acts Oct. 14, 1942, ch. 603, Sec. 1, 56 Stat. 786;
    Feb. 21, 1946, ch. 6, Sec. 2(a), 60 Stat. 5; July 1, 1947, ch. 190,
    Sec. 1, 61 Stat. 236, related to transportation of dependents and
    household effects of Navy, Marine Corps, and Coast Guard personnel
    incident to secret orders. See section 404 et seq. of Title 37, Pay
    and Allowances of the Uniformed Services.
      Section 832, act Oct. 14, 1942, ch. 603, Sec. 3, 56 Stat. 786,
    made sections 831 to 833 applicable to personnel of the Coast and
    Geodetic Survey.
      Section 833, act Oct. 14, 1942, ch. 603, Sec. 2, 56 Stat. 786,
    provided for effective date and termination of sections 831 to 833
    of this Appendix.
      Section 833a, acts Nov. 28, 1943, ch. 330, Sec. 1, 57 Stat. 593;
    July 1, 1947, ch. 190, Sec. 2(a), (b), 61 Stat. 236 related to
    transportation of dependents and household effects of Navy, Marine
    Corps, and Coast Guard personnel in case of evacuation of
    dependents or transfer of personnel to sea duty or places where
    dependents could not join them. See section 404 et seq. of Title
    37, Pay and Allowances of the Uniformed Services.
      Section 833b, acts Nov. 28, 1943, ch. 330, Sec. 2, 57 Stat. 593;
    July 1, 1947, ch. 190, Sec. 2(c), 61 Stat. 237, related to
    certificates in connection with transportation under sections 833a
    to 833f of this Appendix.
      Section 833c, act Nov. 28, 1943, ch. 330, Sec. 3, 57 Stat. 594,
    provided for allowance of credit in disbursing officers' accounts
    for prior payments which would have been authorized under section
    833a of this Appendix.
      Section 833d, act Nov. 28, 1943, ch. 330, Sec. 4, 57 Stat. 594,
    related to mode of transportation of household effects of naval and
    civilian personnel of the Naval Establishment without regard to
    comparative costs. With respect to naval personnel, see section 404
    et seq. of Title 37, Pay and Allowances of the Uniformed Services.
      Section 833e, act Nov. 28, 1943, ch. 330, Sec. 5, as added Feb.
    12, 1946, ch. 6, Sec. 3(a), 60 Stat. 5, provided for monetary
    payments in lieu of transportation authorized by sections 833a to
    833f of this Appendix.
      Section 833f, act Nov. 28, 1943, ch. 330, Sec. 6, 57 Stat. 594,
    renumbered Feb. 12, 1946, ch. 6, Sec. 3(a), 60 Stat. 5, provided
    for effective date and termination of sections 833a to 833f of this
    Appendix.

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 26, 1942, CH. 624, 56
      STAT. 987                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT OCT. 26, 1942, CH. 624, 56 STAT. 987

-HEAD-
                 ACT OCT. 26, 1942, CH. 624, 56 STAT. 987             

-End-



-CITE-
    50 USC APPENDIX Sec. 836                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT OCT. 26, 1942, CH. 624, 56 STAT. 987

-HEAD-
    Sec. 836. Omitted

-COD-
                               CODIFICATION                           
      Section, act Oct. 26, 1942, ch. 624, 56 Stat. 987, which related
    to certificates in connection with pay and allowance accounts of
    civilian and military personnel of the Departments of the Army and
    Navy, was omitted as terminated. See Continuation of Provisions
    note below.


-MISC1-
              CONTINUATION OF PROVISIONS UNTIL AUGUST 1, 1953          
      Section 1(a)(9) of act July 3, 1952, ch. 570, 66 Stat. 331, as
    amended Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18; act June 30,
    1953, ch. 172, 67 Stat. 132, provided that this section continue in
    force until six months after the termination of the national
    emergency proclaimed by the President on Dec. 16, 1950 by 1950
    Proc. No. 2914, 15 F.R. 9029, set out as a note preceding section 1
    of this Appendix, or such earlier date or dates as may be provided
    for by Congress, but in no event beyond Aug. 1, 1953, as extended
    from Apr. 1, 1953.

                  REPEAL OF PRIOR ACTS CONTINUING SECTION              
      Act Apr. 4, 1953, ch. 21, Sec. 2, 67 Stat. 23, repealed act July
    3, 1952, ch. 570, Sec. 1(a)(18), 66 Stat. 331, which continued the
    effectiveness of this section until Apr. 1, 1953. Section 6 of act
    July 3, 1952, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54, as
    amended by act May 28, 1952, ch. 339, 66 Stat. 96; act June 14,
    1952, ch. 437, 66 Stat. 137; act June 30, 1952, ch. 526, 66 Stat.
    296, which continued provisions until July 3, 1952. This repeal
    took effect as of June 16, 1952, by section 7 of act July 3, 1952.

-End-


-CITE-
    50 USC APPENDIX ACT JULY 16, 1953, CH. 197, Sec.
      1, 67 STAT. 172                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT JULY 16, 1953, CH. 197, Sec. 1A1, 67 STAT. 172

-HEAD-
             ACT JULY 16, 1953, CH. 197, SEC. 1, 67 STAT. 172         

-End-



-CITE-
    50 USC APPENDIX Sec. 837                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT JULY 16, 1953, CH. 197, Sec. 1A1, 67 STAT. 172

-HEAD-
    Sec. 837. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 16, 1953, ch. 197, Sec. 1, 67 Stat. 172, which
    related to certificates in connection with pay and allowance
    accounts of civilian and military personnel of the Armed Forces,
    expired on Apr. 1, 1954, pursuant to section 2 of that act.

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 1, 1942, CH. 651, 56
      STAT. 1024                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT DEC. 1, 1942, CH. 651, 56 STAT. 1024

-HEAD-
                 ACT DEC. 1, 1942, CH. 651, 56 STAT. 1024             

-End-



-CITE-
    50 USC APPENDIX Secs. 841, 842                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CERTAIN ALLOWANCE ASSISTANCE FOR CIVILIAN AND MILITARY PERSONNEL
    ACT DEC. 1, 1942, CH. 651, 56 STAT. 1024

-HEAD-
    Secs. 841, 842. Repealed. May 28, 1948, ch. 352, Sec. 3, 62 Stat.
      277

-MISC1-
      Section 841, acts Dec. 1, 1942, ch. 651, Sec. 1, 56 Stat. 1024;
    Apr. 9, 1946, ch. 121, Sec. 1(a), 60 Stat. 86, related to
    transportation for personnel of the War and Navy Departments,
    Maritime Commission, and private plants engaged at war production.
    See section 2632 of Title 10, Armed Forces.
      Section 842, acts Dec. 1, 1942, ch. 651, Sec. 2, 56 Stat. 1025;
    Apr. 9, 1946, ch. 121, Sec. 1(b), 60 Stat. 86, related to reports
    to be filed with Congress.

-End-


-CITE-
    50 USC APPENDIX FREE ENTRY OF GIFTS FROM MEMBERS
      OF ARMED FORCES                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE ENTRY OF GIFTS FROM MEMBERS OF ARMED FORCES

-HEAD-
             FREE ENTRY OF GIFTS FROM MEMBERS OF ARMED FORCES         

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 5, 1942, CH. 680, 56
      STAT. 1041                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE ENTRY OF GIFTS FROM MEMBERS OF ARMED FORCES
    ACT DEC. 5, 1942, CH. 680, 56 STAT. 1041

-HEAD-
                 ACT DEC. 5, 1942, CH. 680, 56 STAT. 1041             

-End-



-CITE-
    50 USC APPENDIX Secs. 846, 847                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE ENTRY OF GIFTS FROM MEMBERS OF ARMED FORCES
    ACT DEC. 5, 1942, CH. 680, 56 STAT. 1041

-HEAD-
    Secs. 846, 847. Omitted

-COD-
                               CODIFICATION                           
      Section 846, acts Dec. 5, 1942, ch. 680, Sec. 1, 56 Stat. 1041;
    Aug. 8, 1947, ch. 515, Sec. 3(a), 61 Stat. 917; May 14, 1957, Pub.
    L. 85-30, Sec. 1 71 Stat. 29, which authorized free entry for gifts
    from members of the armed forces on duty abroad, expired on July 1,
    1961, pursuant to section 847 of this Appendix.
      Section 847, acts Dec. 5, 1942, ch. 680, Sec. 2, 56 Stat. 1041;
    Aug. 8, 1947, ch. 515, Sec. 33(c), 61 Stat. 917; Aug. 17, 1949, ch.
    454, 63 Stat. 612; Feb. 21, 1951, ch. 1, 65 Stat. 3; Apr. 4, 1954,
    ch. 20, 67 Stat. 22; July 28, 1955, ch. 425, 69 Stat. 394; May 14,
    1957, Pub. L. 85-30, Sec. 2, 71 Stat. 29; July 17, 1959, Pub. L. 86-
    99, 73 Stat. 223, provided that section 846 of this title shall be
    effective with respect to articles entered for consumption or
    withdrawn from warehouse for consumption on or after Dec. 5, 1942,
    and before July 1, 1961.

-End-


-CITE-
    50 USC APPENDIX FREE POSTAGE FOR ARMED FORCES
      PERSONNEL                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE POSTAGE FOR ARMED FORCES PERSONNEL

-HEAD-
                  FREE POSTAGE FOR ARMED FORCES PERSONNEL              

-End-


-CITE-
    50 USC APPENDIX ACT JULY 12, 1950, CH. 460, 64
      STAT. 336                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE POSTAGE FOR ARMED FORCES PERSONNEL
    ACT JULY 12, 1950, CH. 460, 64 STAT. 336

-HEAD-
                 ACT JULY 12, 1950, CH. 460, 64 STAT. 336             

-End-



-CITE-
    50 USC APPENDIX Secs. 891, 892                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FREE POSTAGE FOR ARMED FORCES PERSONNEL
    ACT JULY 12, 1950, CH. 460, 64 STAT. 336

-HEAD-
    Secs. 891, 892. Omitted

-COD-
                               CODIFICATION                           
      Section 891, acts July 12, 1950, ch. 460, Sec. 1, 64 Stat. 336;
    Mar. 23, 1953, ch. 9, Sec. 1, 67 Stat. 7, which authorized free
    postage to Armed Forces personnel in specified areas, expired on
    June 30, 1955, pursuant to section 892 of this Appendix.
      Section 892, acts July 12, 1950, ch. 460, Sec. 2, 64 Stat. 336;
    June 26, 1951, ch. 152, 65 Stat. 90; Mar. 23, 1953, ch. 9, Sec. 2,
    67 Stat. 7, provided that the free mailing privileges authorized by
    section 891 of this Appendix shall be effective from July 12, 1950
    to June 30, 1955.

-End-


-CITE-
    50 USC APPENDIX EMERGENCY PRICE CONTROL ACT OF
      1942                                                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942

-HEAD-
                    EMERGENCY PRICE CONTROL ACT OF 1942                

-End-


-CITE-
    50 USC APPENDIX ACT JAN. 30, 1942, CH. 26, 56
      STAT. 23                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23

-HEAD-
                  ACT JAN. 30, 1942, CH. 26, 56 STAT. 23              


-MISC1-
                             TERMINATION DATE                         
      Sections 901 to 906, 921, 922, 923 to 926, and 941 to 946 of this
    Appendix terminated June 30, 1947 under the provisions of act July
    25, 1946, ch. 671, Sec. 1, 60 Stat. 664.

-End-


-CITE-
    50 USC APPENDIX TITLE I - GENERAL PROVISIONS AND
           AUTHORITY                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE I - GENERAL PROVISIONS AND AUTHORITY

-HEAD-
                TITLE I - GENERAL PROVISIONS AND AUTHORITY            

-End-



-CITE-
    50 USC APPENDIX Secs. 901 to 906                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE I - GENERAL PROVISIONS AND AUTHORITY

-HEAD-
    Secs. 901 to 906. Omitted

-COD-
                               CODIFICATION                           
      Sections 901 to 906 were omitted as terminated.
      Section 901, acts Jan. 30, 1942, ch. 26, title I, Sec. 1, 56
    Stat. 23; Oct. 2, 1942, ch. 578, Sec. 7(a), 56 Stat. 767; June 30,
    1944, ch. 325, title I, Sec. 101, 58 Stat. 632; June 30, 1945, ch.
    214, Sec. 1, 59 Stat. 306; July 25, 1946, ch. 671, Sec. 1, 60 Stat.
    664, related to purposes, time limit, and applicability of section
    901 et seq. of this Appendix.
      Section 901a, act Jan. 30, 1942, ch. 26, title I, Sec. 1a, as
    added July 25, 1946, ch. 671, Sec. 3, 60 Stat. 664, related to
    purposes and policies of decontrol during transition period.
    Subsec. (h) of section 1a of act Jan. 30, 1942, ch. 26, title I, as
    added July 25, 1946, ch. 671, Sec. 3, 60 Stat. 669, formerly
    classified to subsec. (h) of section 901a of this Appendix, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 653.
      Section 902, acts Jan. 30, 1942, ch. 26, title I, Sec. 2, 56
    Stat. 24; July 16, 1943, ch. 241, Sec. 5(a), 57 Stat. 566; June 30,
    1944, ch. 325, title I, Sec. 102, 58 Stat. 632; June 30, 1945, ch.
    214, Secs. 3, 4, 59 Stat. 306; July 25, 1946, ch. 671, Secs. 4, 5,
    7-10, 60 Stat. 670, 671, 673, related to regulation of prices,
    rents, and market and renting practices. Act Jan. 30, 1942, ch. 26,
    title I, Sec. 2, 56 Stat. 24, was repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 651.
      Section 903, acts Jan. 30, 1942, ch. 26, title I, Sec. 3, 56
    Stat. 27; June 30, 1944, ch. 325, title I, Sec. 103, 58 Stat. 636;
    June 30, 1945, ch. 214, Sec. 5(a), 59 Stat. 307, related to maximum
    prices of agricultural commodities.
      Section 904, act Jan. 30, 1942, ch. 26, title I, Sec. 4, 56 Stat.
    28, prohibited violation of rules and regulations relating to
    prices, rents, and market and renting practices and disclosure or
    use of information otherwise than in course of official duty. Act
    Jan. 30, 1942, ch. 26, title I, Sec. 4(c), 56 Stat. 28, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651.
      Section 905, act Jan. 30, 1942, ch. 26, title I, Sec. 5, 56 Stat.
    28, authorized Administrator to confer with groups having to do
    with commodities and to enter into voluntary agreements relating to
    purposes of section 901 et seq. of this Appendix.
      Section 906, act Jan. 30, 1942, ch. 26, title I, Sec. 6, as added
    July 5, 1946, ch. 671, Sec. 11, 60 Stat. 675, provided for the
    establishment and adjustment of maximum prices.

-End-


-CITE-
    50 USC APPENDIX TITLE II - ADMINISTRATION AND
           ENFORCEMENT                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE II - ADMINISTRATION AND ENFORCEMENT

-HEAD-
                 TITLE II - ADMINISTRATION AND ENFORCEMENT             

-End-



-CITE-
    50 USC APPENDIX Secs. 921 to 926                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE II - ADMINISTRATION AND ENFORCEMENT

-HEAD-
    Secs. 921 to 926. Omitted

-COD-
                               CODIFICATION                           
      Section 921, acts Jan. 30, 1942, ch. 26, title II, Sec. 201, 56
    Stat. 29; June 30, 1944, ch. 325, title I, Sec. 104, 58 Stat. 637,
    which related to the administration of section 901 et seq. of this
    Appendix, with provisions for Office of Price Administration under
    Price Administrator, regional offices, issuance of regulations and
    orders and transfer of functions, was omitted as terminated. Act
    Jan. 30, 1942, ch. 26, title II, Sec. 201, 56 Stat. 29, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651.
      Section 922, acts Jan. 30, 1942, ch. 26, title II, Sec. 202, 56
    Stat. 30; June 30, 1944, ch. 325, title I, Sec. 105, 58 Stat. 637,
    which authorized Administrator to conduct investigations, require
    records and reports, and initiate contempt proceedings for
    violation of subpenas, and established right to specifically claim
    privilege against self-incrimination, was omitted as terminated.
    Act Jan. 30, 1942, ch. 26, title II, Sec. 202, 56 Stat. 30, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651.
      Section 922a, was from appropriation acts June 28, 1944, ch. 304,
    title I, Sec. 101, 58 Stat. 601; July 5, 1945, ch. 271, title I,
    Sec. 101, 59 Stat. 415; July 23, 1946, ch. 591, title I, Sec. 101,
    60 Stat. 610, which authorized Office of Price Administration
    employees, when designated, to administer oaths, etc., in
    connection with Office functions, and was not repeated in
    subsequent appropriation acts.
      Section 922a was enacted as part of the Second Deficiency
    Appropriation Act, 1944, and not as part of act Jan. 30, 1942, ch.
    26, 56 Stat. 23, known as the Emergency Price Control Act of 1942,
    which enacted sections 901 to 906, 921, 922, 923 to 926, and 941 to
    946 of this Appendix.
      Section 923, acts Jan. 30, 1942, ch. 26, title II, Sec. 203, 56
    Stat. 31; June 30, 1944, ch. 325, title I, Sec. 106, 58 Stat. 638;
    July 30, 1947, ch. 361, title I, Sec. 101, 61 Stat. 619, which
    related to protest proceedings, was omitted as terminated. Section
    101 of act July 30, 1947 provided in part for the dismissal of
    protest under section 923 of this Appendix on the ground of laches.
      Section 924, acts Jan. 30, 1942, ch. 26, title II, Sec. 204, 56
    Stat. 31; June 30, 1944, ch. 325, title I, Sec. 107, 58 Stat. 639;
    June 30, 1945, ch. 214, Sec. 6, 59 Stat. 308; July 30, 1947, ch.
    361, title I, Sec. 101, 61 Stat. 619; June 25, 1948, ch. 646, Sec.
    32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107,
    authorized review of orders of the Office of Price Administrator
    under the Emergency Price Control Act of 1942, and created the
    Emergency Court of Appeals for this purpose. The Emergency Price
    Control Act of 1942 terminated on June 30, 1947, under the
    provisions of act July 25, 1946, ch. 671, Sec. 1, 60 Stat. 664. The
    Housing and Rent Act of 1948, act Mar. 30, 1948, ch. 161, 62 Stat.
    93, classified to section 1881 of this Appendix, continued the
    Court for the purpose of reviewing recommendations of local
    advisory boards for the decontrol or adjustment of maximum rents.
    Later, the Defense Production Act of 1950, act Sept. 8, 1950, ch.
    932, 64 Stat. 798, classified to sections 2061 to 2166 of this
    Appendix, continued the Court to review regulations and orders
    relating to price control. The Housing and Rent Act of 1948 and the
    Defense Production Act of 1950 both terminated, however, the Court
    remained in existence "to complete the adjudication of rights and
    liabilities incurred prior to their termination dates." (Transcript
    of Proceedings of the Final Session of the Court, 299 F.2d 1.) The
    final decision of the Court, Rosenzweig v. General Services
    Administration, 1961, 299 F.2d 22, was decided on Dec. 6, 1961. A
    petition for rehearing was denied on Jan. 2, 1962, and a petition
    for writ of certiorari to the Supreme Court of the United States
    was denied on Mar. 19, 1962, 82 S. Ct. 830.
      The order of Chief Judge Albert B. Maris, set forth in 299 F.2d
    20, provided:
      "The business of this Court having been completed, it is ordered
    that at the expiration of 30 days from this date, if a petition for
    certiorari has not been filed in the Supreme Court in Case No. 676
    [Rosenzweig v. General Services Administration], just decided, the
    acting clerk shall deliver the records and papers of the Court in
    his office to the General Services Administration for permanent
    custody as records of the Government, and shall thereupon inform
    the Chief Justice of the United States that the work of the Court
    has been completed and that the designations of the judges of the
    Court may therefore appropriately be terminated.
      "If a petition for certiorari is filed in Case No. 676 this order
    shall take effect and be carried out at the expiration of 30 days
    after the final disposition of Case No. 676."
      In accordance with the terms of this order, the petition for
    certiorari having been filed, and denied Mar. 19, 1962, the Court
    terminated on Apr. 18, 1962.
      Section 925, acts Jan. 30, 1942, ch. 26, title II, Sec. 205, 56
    Stat. 33; June 30, 1944, ch. 325, title I, Sec. 108, 58 Stat. 640;
    July 25, 1946, ch. 671, Secs. 12, 13, 60 Stat. 676, 677; July 30,
    1947, ch. 361, title I, Sec. 101, 61 Stat. 619, which related to
    enforcement and recovery of damages and penalties, was omitted as
    terminated.
      Section 926, act Jan. 30, 1942, ch. 26, title II, Sec. 206, 56
    Stat. 35, which provided for standards, limitations, publication in
    Federal Register, protest and review of price schedules issued
    prior to the Administrator's taking of office, was omitted as
    terminated.

-End-


-CITE-
    50 USC APPENDIX TITLE III - MISCELLANEOUS                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE III - MISCELLANEOUS

-HEAD-
                         TITLE III - MISCELLANEOUS                     

-End-



-CITE-
    50 USC APPENDIX Secs. 941 to 946                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY PRICE CONTROL ACT OF 1942
    ACT JAN. 30, 1942, CH. 26, 56 STAT. 23
    TITLE III - MISCELLANEOUS

-HEAD-
    Secs. 941 to 946. Omitted

-COD-
                               CODIFICATION                           
      Sections 941 to 946 were omitted as terminated.
      Section 941, act Jan. 30, 1942, ch. 26, title III, Sec. 301, 56
    Stat. 36, related to transmission of quarterly reports to Congress.
      Section 942, acts Jan. 30, 1942, ch. 26, title III, Sec. 302, 56
    Stat. 36; June 30, 1945, ch. 214, Sec. 5(b), 59 Stat. 308,
    contained definitions of terms used in the Emergency Price Control
    Act of 1942, section 901 et seq. of this Appendix.
      Section 943, act Jan. 30, 1942, ch. 26, title III, Sec. 303, 56
    Stat. 37, contained separability provisions.
      Section 944, act Jan. 30, 1942, ch. 26, title III, Sec. 304, 56
    Stat. 37, authorized appropriations.
      Section 945, act Jan. 30, 1942, ch. 26, title III, Sec. 305, 56
    Stat. 37, related to application of existing law.
      Section 946, act Jan. 30, 1942, ch. 26, title III, Sec. 306, 56
    Stat. 37, provided as short title for section 901 et seq. of this
    Appendix, "Emergency Price Control Act of 1942".

-End-


-CITE-
    50 USC APPENDIX STABILIZATION ACT OF 1942                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION ACT OF 1942

-HEAD-
                         STABILIZATION ACT OF 1942                     

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 2, 1942, CH. 578, 56
      STAT. 765                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION ACT OF 1942
    ACT OCT. 2, 1942, CH. 578, 56 STAT. 765

-HEAD-
                  ACT OCT. 2, 1942, CH. 578, 56 STAT. 765              

-End-



-CITE-
    50 USC APPENDIX Secs. 961 to 971                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION ACT OF 1942
    ACT OCT. 2, 1942, CH. 578, 56 STAT. 765

-HEAD-
    Secs. 961 to 971. Omitted

-COD-
                               CODIFICATION                           
      Sections 961 to 971 were omitted as terminated pursuant to
    section 966 of this Appendix.
      Section 961, act Oct. 2, 1942, ch. 578, Sec. 1, 56 Stat. 765,
    related to stabilization by President of prices, wages and salaries
    affecting cost of living and to public utility rate increases.
      Section 962, act Oct. 2, 1942, ch. 578, Sec. 2, 56 Stat. 765,
    provided for promulgation of regulations, delegation of authority
    and suspension of certain provisions of Emergency Price Control Act
    of 1942, section 901 et seq. of this Appendix.
      Section 963, acts Oct. 2, 1942, ch. 578, Sec. 3, 56 Stat. 766;
    June 30, 1944, ch. 325, title II, Sec. 201, 58 Stat. 642; June 30,
    1945, ch. 214, Sec. 7, 59 Stat. 309; June 25, 1946, ch. 671, Sec.
    14, 60 Stat. 677, related to maximum prices for agricultural
    commodities and products.
      Section 963a, act Oct. 2, 1942, ch. 578, Sec. 3A, as added June
    30, 1945, ch. 214, Sec. 8, 59 Stat. 309, related to slaughter of
    animals, certification of plants, conditions, partial plant
    certification, inspection, status of meat for transportation
    purposes and revocation and termination of certification.
      Section 964, acts Oct. 2, 1942, ch. 578, Sec. 4, 56 Stat. 766;
    Apr. 11, 1943, ch. 52, Sec. 4(a), 57 Stat. 63; June 30, 1944, ch.
    325, title II, Sec. 202, 58 Stat. 642, related to wages and
    salaries and limitations on control.
      Section 964a, act Apr. 11, 1943, ch. 52, Sec. 4(b), 57 Stat. 63,
    which related to rescission of stabilization of wages order, was
    not enacted as part of act Oct. 2, 1942, ch. 578, 56 Stat. 765,
    known as the Stabilization Act of 1942, which enacted sections 961
    to 964 and 965 to 971 of this Appendix. Act Apr. 11, 1943, ch. 52,
    was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1076.
      Section 965, act Oct. 2, 1942, ch. 578, Sec. 5, 56 Stat. 767,
    related to wages and salaries, prohibition of violation of
    regulations, employer's reduction of salaries over $5,000 and
    regulation of payment of double time.
      Section 966, acts Oct. 2, 1942, ch. 578, Sec. 6, 56 Stat. 767;
    June 30, 1944, ch. 325, title II, Sec. 203, 58 Stat. 643; June 30,
    1945, ch. 214, Sec. 2, 59 Stat. 306; June 25, 1946, ch. 671, Sec.
    2, 60 Stat. 664, provided for the expiration of sections 961 to
    964, 965 to 967, 970, and 971 of this Appendix on June 30, 1947, or
    on such earlier date as the Congress by concurrent resolution or
    the President by proclamation might prescribe.
      Section 967, act Oct. 2, 1942, ch. 578, Sec. 7, 56 Stat. 767,
    amended Emergency Price Control Act of 1942, Sec. 1(b), section
    901(b) of this Appendix, and made that act, section 901 et seq. of
    this Appendix, applicable to, and provided for its construction
    with, section 961 et seq. of this Appendix.
      Section 968, acts Oct. 2, 1942, ch. 578, Sec. 8, 56 Stat. 767;
    June 30, 1944, ch. 325, title II, Sec. 204, 58 Stat. 643; Oct. 3,
    1944, ch. 479, Sec. 37(a), 58 Stat. 784, which related to crop
    loans, expired by its own terms on Dec. 31, 1948.
      Section 969, act Oct. 2, 1942, ch. 578, Sec. 9, 56 Stat. 768,
    which amended provision in section 713a-8 of Title 15, Commerce and
    Trade, relating to encouragement of production of non-basic
    agricultural commodities, expired by its own terms on Dec. 31,
    1948.
      Section 970, act Oct. 2, 1942, ch. 578, Sec. 10, 56 Stat. 768,
    defined wages and salaries.
      Section 971, act Oct. 2, 1942, ch. 578, Sec. 11, 56 Stat. 768,
    provided penalties for violations.

-End-


-CITE-
    50 USC APPENDIX EXTENSION OF SUGAR CONTROLS                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXTENSION OF SUGAR CONTROLS

-HEAD-
                        EXTENSION OF SUGAR CONTROLS                    

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 31, 1947, CH. 30, 61
      STAT. 35                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXTENSION OF SUGAR CONTROLS
    ACT MAR. 31, 1947, CH. 30, 61 STAT. 35

-HEAD-
                  ACT MAR. 31, 1947, CH. 30, 61 STAT. 35              

-End-



-CITE-
    50 USC APPENDIX Secs. 981 to 985                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXTENSION OF SUGAR CONTROLS
    ACT MAR. 31, 1947, CH. 30, 61 STAT. 35

-HEAD-
    Secs. 981 to 985. Omitted

-COD-
                               CODIFICATION                           
      Sections 981 to 985 were omitted as expired pursuant to section
    981 of this Appendix.
      Section 981, act Mar. 31, 1947, ch. 30, Sec. 1, 61 Stat. 35,
    extended certain laws with respect to sugar until Oct. 31, 1947,
    and the authority to continue inventory controls over other than
    household users until Mar. 31, 1948, and provided for certain
    powers and duties of the Secretary of Agriculture and specified
    limitations in connection with the control of said commodity.
      Section 982, act Mar. 31, 1947, ch. 30, Sec. 2, 61 Stat. 36,
    authorized the Secretary of Agriculture to remove controls prior to
    the termination of sections 981 to 985 of this Appendix when sugar
    supplies were sufficient to warrant such action.
      Section 983, act Mar. 31, 1947, ch. 30, Sec. 3, 61 Stat. 36,
    provided for the transfer of functions, powers and duties relating
    to sugar, which were vested in the President, any executive
    department and the Price Administrator by certain acts, to the
    Secretary of Agriculture, the continuance of rules and regulations
    promulgated by said persons and the transfer of appropriations.
      Section 984, act Mar. 31, 1947, ch. 30, Sec. 4, 61 Stat. 37,
    related to unlawful actions and penalties therefor. Act Mar. 31,
    1947, ch. 30, Sec. 4, 61 Stat. 37, was repealed by Pub. L. 89-544,
    Sec. 8(a), Sept. 6, 1966, 80 Stat. 654.
      Section 985, act Mar. 31, 1947, ch. 30, Sec. 5, 61 Stat. 37,
    defined the terms person and sugar.

-End-


-CITE-
    50 USC APPENDIX MISSING PERSONS ACT                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT

-HEAD-
                            MISSING PERSONS ACT                        

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 7, 1942, CH. 166, 56
      STAT. 143                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT
    ACT MAR. 7, 1942, CH. 166, 56 STAT. 143

-HEAD-
                  ACT MAR. 7, 1942, CH. 166, 56 STAT. 143              

-End-



-CITE-
    50 USC APPENDIX Secs. 1001 to 1012                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT
    ACT MAR. 7, 1942, CH. 166, 56 STAT. 143

-HEAD-
    Secs. 1001 to 1012. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 651-654, 656, 657, 659, 662

-MISC1-
      Section 1001, acts Mar. 7, 1942, ch. 166, Sec. 1, 56 Stat. 143;
    July 1, 1944, ch. 371, Sec. 1, 58 Stat. 679; May 16, 1947, ch. 70,
    Sec. 1, 61 Stat. 96; Aug. 29, 1957, Pub. L. 85-217, Sec. 1(a), 71
    Stat. 491; Aug. 14, 1964, Pub. L. 88-428, Sec. 1(1), (2), 78 Stat.
    437, defined terms used in sections 1001 to 1018 of this Appendix.
    For that portion of this section applicable to civilian officers
    and employees and their dependents, see section 5561 of Title 5,
    Government Organization and Employees, and for that portion
    applicable to members of the uniformed services and their
    dependents, see section 551 of Title 37, Pay and Allowances of the
    Uniformed Services.
      Section 1002, acts Mar. 7, 1942, ch. 166, Sec. 2, 56 Stat. 144;
    July 1, 1944, ch. 371, Sec. 2, 58 Stat. 679; Apr. 4, 1953, ch. 17,
    Sec. 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85-217, Sec. 1(b),
    71 Stat. 491; Aug. 14, 1964, Pub. L. 88-428, Sec. 1(3), 78 Stat.
    437, related to continuance of pay and allowances for missing
    interned or captive persons, and limited fees of agents or
    attorneys. For that portion of this section applicable to civilian
    officers and employees and their dependents, see sections 5561 and
    5562 of Title 5, Government Organization and Employees, and for
    that portion applicable to members of the uniformed services and
    their dependents, see sections 551 and 552 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Act June 23, 1942, ch. 444, Sec. 1, 56 Stat. 389, which
    authorized use of funds for payments to persons subject to section
    1002 of this Appendix, was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 651.
      Section 1003, acts Mar. 7, 1942, ch. 166, Sec. 3, 56 Stat. 144;
    Dec. 24, 1942, ch. 828, Sec. 1, 56 Stat. 1092; July 1, 1944, ch.
    371, Sec. 3, 58 Stat. 680, provided for continuance or
    establishment by department head of allotments for dependents and
    insurance. For that portion of this section applicable to civilian
    officers and employees and their dependents, see section 5563 of
    Title 5, Government Organization and Employees, and for that
    portion applicable to members of the uniformed services and their
    dependents, see section 553 of Title 37, Pay and Allowances of the
    Uniformed Services.
      Section 1004, acts Mar. 7, 1942, ch. 166, Sec. 4, 56 Stat. 144;
    Dec. 24, 1942, ch. 828, Sec. 1, 56 Stat. 1093; July 1, 1944, ch.
    371, Sec. 4, 58 Stat. 680, provided for continuance, suspension, or
    resumption of pay and allowances by department head, and limited
    duration of allotments. For that portion of this section applicable
    to civilian officers and employees and their dependents, see
    section 5563 of Title 5, Government Organization and Employees, and
    for that portion applicable to members of the uniformed services
    and their dependents, see section 553 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 1005, acts Mar. 7, 1942, ch. 166, Sec. 5, 56 Stat. 145;
    Dec. 24, 1942, ch. 828, Sec. 1, 56 Stat. 1093; Aug. 14, 1964, Pub.
    L. 88-428, Sec. 1(4), 78 Stat. 437, related to departmental review,
    continuance of missing status or finding of death after year's
    absence, and date of termination of pay and allowances. For that
    portion of this section applicable to civilian officers and
    employees and their dependents, see section 5565 of Title 5,
    Government Organization and Employees, and for that portion
    applicable to members of the uniformed services and their
    dependents, see section 555 of Title 37, Pay and Allowances of the
    Uniformed Services.
      Section 1006, acts Mar. 7, 1942, ch. 166, Sec. 6, 56 Stat. 145;
    Dec. 24, 1942, ch. 828, Sec. 1, 56 Stat. 1093; Apr. 4, 1953, ch.
    17, Sec. 1(b), 67 Stat. 21; Aug. 14, 1964, Pub. L. 88-428, Sec.
    1(5), 78 Stat. 437, related to payment of allotments in case of
    captured or interned persons until death or return to jurisdiction.
    For that portion of this section applicable to civilian officers
    and employees and their dependents, see sections 5562 and 5563 of
    Title 5, Government Organization and Employees, and for that
    portion applicable to members of the uniformed services, see
    sections 552 and 553 of Title 37, Pay and Allowances of the
    Uniformed Services.
      Section 1007, acts Mar. 7, 1942, ch. 166, Sec. 7, 56 Stat. 145;
    Aug. 14, 1964, Pub. L. 88-428, Sec. 1(6), 78 Stat. 437, related to
    authority of department head to create new allotments and to
    continue or change amounts of old allotments. For that portion of
    this section applicable to civilian officers and employees and
    their dependents, see section 5563 of Title 5, Government
    Organization and Employees, and for that portion applicable to
    members of the uniformed services and their dependents, see section
    553 of Title 37, Pay and Allowances of the Uniformed Services.
      Section 1008, act Mar. 7, 1942, ch. 166, Sec. 8, 56 Stat. 145,
    provided penalty for fraudulent receipt of payments.
      Section 1009, acts Mar. 7, 1942, ch. 166, Sec. 9, 56 Stat. 145;
    July 1, 1944, ch. 371, Sec. 5, 58 Stat. 680; Apr. 4, 1953, ch. 17,
    Sec. 1(c), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85-217, Sec. 1(c),
    71 Stat. 492, related to determinations by department heads or
    designees, and to conclusiveness relative to status of personnel,
    payments, or death. For that portion of this section applicable to
    civilian officers and employees and their dependents, see sections
    5565 to 5567 of Title 5, Government Organization and Employees, and
    for that portion applicable to members of the uniformed services
    and their dependents, see sections 555 to 557 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 1010, acts Mar. 7, 1942, ch. 166, Sec. 10, 56 Stat. 145;
    July 1, 1944, ch. 371, Sec. 6, 58 Stat. 681; Aug. 14, 1964, Pub. L.
    88-428, Sec. 1(7), 78 Stat. 437, provided for fact of dependency,
    and authority to determine. For that portion of this section
    applicable to civilian officers and employees and their dependents,
    see section 5566 of Title 5, Government Organization and Employees,
    and for that portion applicable to members of the uniformed
    services and their dependents, see section 556 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 1011, act Mar. 7, 1942, ch. 166, Sec. 11, 56 Stat. 146,
    related to settlement of accounts. For that portion of this section
    applicable to civilian officers and employees and their dependents,
    see section 5567 of Title 5, Government Organization and Employees,
    and for that portion applicable to members of the uniformed
    services and their dependents, see section 557 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 1012, acts Mar. 7, 1942, ch. 166, Sec. 12, 56 Stat. 146;
    Feb. 12, 1946, ch. 6, Sec. 1(a), 60 Stat. 5; Aug. 29, 1951, ch.
    356, Sec. 1, 65 Stat. 207; Apr. 4, 1953, ch. 17, Sec. 1(a), 67
    Stat. 21; Aug. 29, 1957, Pub. L. 85-217, Sec. 1(d), 71 Stat. 492;
    Aug. 14, 1964, Pub. L. 88-428, Sec. 1(8), 78 Stat. 437; Oct. 19,
    1965, Pub. L. 89-271, 79 Stat. 992, provided for moving dependents
    and effects of persons dead, injured, missing, or captured, for
    sale of motor vehicles and other bulky items, and claims for
    proceeds. For portions of this section applicable to civilian
    officers and employees and their dependents, see section 5564 of
    Title 5, Government Organization and Employees, and for that
    portion applicable to members of the uniformed services and their
    dependents, see section 554 of Title 37, Pay and Allowances of the
    Uniformed Services.

-End-



-CITE-
    50 USC APPENDIX Sec. 1012a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT
    ACT MAR. 7, 1942, CH. 166, 56 STAT. 143

-HEAD-
    Sec. 1012a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 656

-MISC1-
      Section, act Aug. 29, 1951, ch. 356, Sec. 2, 65 Stat. 208,
    allowed presentation, for consideration, reconsideration, or
    reimbursement during a period of 3 years following Aug. 29, 1951,
    of previously unpresented, rejected or disallowed claims for travel
    by dependents and for transportation of household and personal
    effects arising between Sept. 8, 1939, and Aug. 29, 1951, under
    section 1012 of this Appendix, ratified payments for travel by
    dependents and transportation of household and personal effects
    made by disbursing officers pursuant to section 1012 of this
    Appendix, on or after Mar. 7, 1942, and prior to Aug. 29, 1951,
    previously not allowed by virtue of inability to establish death or
    injury as a result of military or naval operations, and ratified
    payments made on and after June 25, 1950, and prior to Aug. 29,
    1951, for transportation, packing, and unpacking of privately owned
    motor vehicles transported under the conditions set forth in
    section 1012 of this Appendix.
      Section was not enacted as part of act Mar. 7, 1942, ch. 166, 56
    Stat. 143, known as the Missing Persons Act, which enacted sections
    1001 to 1012 and 1013 to 1017 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Secs. 1013 to 1017                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT
    ACT MAR. 7, 1942, CH. 166, 56 STAT. 143

-HEAD-
    Secs. 1013 to 1017. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 651, 654, 657, 658, 659, 662

-MISC1-
      Section 1013, acts Mar. 7, 1942, ch. 166, Sec. 13, 56 Stat. 146;
    Aug. 8, 1947, ch. 515, Sec. 6, 61 Stat. 918; Aug. 14, 1964, Pub. L.
    88-428, Sec. 1(9), 78 Stat. 437, provided for income tax deferment
    for certain persons in Government service not in position to pay
    taxes because of service. For that portion of this section
    applicable to civilian officers and employees and their dependents,
    see section 5568 of Title 5, Government Organization and Employees,
    and for that portion applicable to members of the uniformed
    services and their dependents, see section 558 of Title 37, Pay and
    Allowances of the Uniformed Services.
      Section 1014, acts Mar. 7, 1942, ch. 166, Sec. 14, 56 Stat. 147;
    Apr. 4, 1953, ch. 17, Sec. 1(e), 67 Stat. 21, related to
    application of the Missing Persons Act to persons besieged by a
    hostile force. For that portion of this section applicable to
    civilian officers and employees and their dependents, see sections
    5561 to 5564 and 5566 of Title 5, Government Organization and
    Employees, and for that portion applicable to members of the
    uniformed services and their dependents, see sections 551 to 554
    and 556 of Title 37, Pay and Allowances of the Uniformed Services.
      Section 1015, acts Mar. 7, 1942, ch. 166, Sec. 15, 56 Stat. 147;
    Dec. 24, 1942, ch. 828, Sec. 1, 56 Stat. 1092; Apr. 4, 1953, ch.
    17, Sec. 1(f), 67 Stat. 21; Jan. 30, 1954, ch. 3, 68 Stat. 7; June
    30, 1955, ch. 254, 69 Stat. 238; July 20, 1956, ch. 658, 70 Stat.
    595; Aug. 7, 1957, Pub. L. 85-121, 71 Stat. 341; Aug. 29, 1957,
    Pub. L. 85-217, Sec. 1(e), 71 Stat. 493, prescribed the effective
    date.
      Section 1016, act Mar. 7, 1942, ch. 166, Sec. 16, 56 Stat. 147,
    amended the Civil Service Retirement Act.
      Section 1017, act Mar. 7, 1942, ch. 166, Sec. 17, 56 Stat. 148,
    authorized a lock for Saint Marys Falls Canal, Mich.

-End-



-CITE-
    50 USC APPENDIX Sec. 1018                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MISSING PERSONS ACT
    ACT MAR. 7, 1942, CH. 166, 56 STAT. 143

-HEAD-
    Sec. 1018. Repealed. June 16, 1942, ch. 413, Sec. 19, 56 Stat. 369,
      eff. June 1, 1942

-MISC1-
      Section, act Mar. 7, 1942, ch. 166, Sec. 18, 56 Stat. 148,
    related to base pay increases for military and naval personnel
    serving at sea or outside United States. See section 305 of Title
    37, Pay and Allowances of the Uniformed Services.

-End-


-CITE-
    50 USC APPENDIX SMALL BUSINESS MOBILIZATION ACT             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT

-HEAD-
                      SMALL BUSINESS MOBILIZATION ACT                  

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 11, 1942, CH. 404, 56
      STAT. 351                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT
    ACT JUNE 11, 1942, CH. 404, 56 STAT. 351

-HEAD-
                 ACT JUNE 11, 1942, CH. 404, 56 STAT. 351             

-End-



-CITE-
    50 USC APPENDIX Secs. 1101 to 1109                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT
    ACT JUNE 11, 1942, CH. 404, 56 STAT. 351

-HEAD-
    Secs. 1101 to 1109. Omitted

-COD-
                               CODIFICATION                           
      Section 1101, act June 11, 1942, ch. 404, Sec. 1, 56 Stat. 351,
    which related to mobilization of productive capacity by Chairman of
    War Production Board, was omitted in view of the termination of the
    Board on Nov. 3, 1945. Act June 11, 1942, ch. 404, Sec. 1, 56 Stat.
    351, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
    Stat. 651.
      Section 1102, act June 11, 1942, ch. 404, Sec. 2, 56 Stat. 352,
    which related to powers of Chairman of War Production Board, was
    omitted in view of the termination of the Board on Nov. 3, 1945.
      Section 1103, act June 11, 1942, ch. 404, Sec. 3, 56 Stat. 352,
    which related to certification of contractors by Chairman, was
    omitted in view of the termination of the Board on Nov. 3, 1945.
      Section 1104, acts June 11, 1942, ch. 404, Sec. 4, 56 Stat. 353;
    Dec. 8, 1944, ch. 549, 58 Stat. 799; Apr. 27, 1945, ch. 98, Secs.
    1, 2(a), 59 Stat. 95, which created the Smaller War Plants
    Corporation and enumerated its powers and duties, expired on Dec.
    31, 1946, by its own terms. Act June 11, 1942, ch. 404, Sec. 4, 56
    Stat. 353, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6,
    1966, 80 Stat. 651.
      Section 1105, act June 11, 1942, ch. 404, Sec. 5, 56 Stat. 355,
    which related to reports of Chairman of War Production Board, was
    omitted in view of the termination of the Board on Nov. 3, 1945.
      Section 1106, act June 11, 1942, ch. 404, Sec. 6, 56 Stat. 355,
    which related to Defense Plant Corporation, expired upon
    dissolution of Corporation by Joint Res. June 30, 1945, ch. 215,
    Sec. 1, 59 Stat. 310, eff. July 1, 1945.
      Section 1107, acts June 11, 1942, ch. 404, Sec. 7, 56 Stat. 355;
    July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, which
    related to participation, by the Army and Navy Departments and the
    United States Maritime Commission, in loans, guaranties, and
    commitments in accordance with Ex. Ord. No. 9112, eff. Mar. 26,
    1942, 7 F.R. 2367, and to participation in or guarantee of, by
    those Departments and Commission, any loans made pursuant to act
    June 11, 1942, ch. 404, 56 Stat. 351, formerly classified to
    sections 1101 to 1111 of this Appendix, with a view to increasing
    the production of war materials, etc., was omitted as obsolete. Ex.
    Ord. No. 9112 was superseded by Ex. Ord. No. 10161, eff. Sept. 9,
    1950, 15 F.R. 6105, and set out under section 2071 of this
    Appendix, and all of act June 11, 1942, to which section 1107 could
    have related, has expired.
      Section 1108, act June 11, 1942, ch. 404, Sec. 8, 56 Stat. 355,
    amended R.S. Sec. 5200, which is classified to section 84 of Title
    12, Banks and Banking.
      Section 1109, act June 11, 1942, ch. 404, Sec. 9, 56 Stat. 355,
    amended section 5d of the Reconstruction Finance Corporation Act,
    which was classified to section 606b of Title 15, Commerce and
    Trade, and was omitted from the Code.

-End-



-CITE-
    50 USC APPENDIX Sec. 1110                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT
    ACT JUNE 11, 1942, CH. 404, 56 STAT. 351

-HEAD-
    Sec. 1110. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 11, 1942, ch. 404, Sec. 10, 56 Stat. 356, which
    related to insured banks as depositaries of public money, duties
    and security of these banks, prohibition of discrimination between
    banks, and to repeal of inconsistent laws, was transferred to
    section 265 of Title 12, Banks and Banking.

-End-



-CITE-
    50 USC APPENDIX Sec. 1111                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT
    ACT JUNE 11, 1942, CH. 404, 56 STAT. 351

-HEAD-
    Sec. 1111. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 11, 1942, ch. 404, Sec. 11, 56 Stat. 357, which
    related to construction with other laws and Executive Orders of the
    authority of the Chairman of the War Production Board and of the
    Reconstruction Finance Corporation, was omitted in view of the
    termination of the War Production Board and the abolition of the
    Reconstruction Finance Corporation.

-End-



-CITE-
    50 USC APPENDIX Sec. 1112                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SMALL BUSINESS MOBILIZATION ACT
    ACT JUNE 11, 1942, CH. 404, 56 STAT. 351

-HEAD-
    Sec. 1112. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-
      Section, act June 11, 1942, ch. 404, Sec. 12, 56 Stat. 357,
    related to suspension of the anti-trust laws.

                         OUTSTANDING CERTIFICATES                     
      Act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449, which repealed
    this section, provided that outstanding certificates issued under
    this section should continue in effect for a period of six months
    from July 25, 1947, unless sooner revoked.

-End-


-CITE-
    50 USC APPENDIX WAR AND DEFENSE CONTRACT ACTS               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS

-HEAD-
                       WAR AND DEFENSE CONTRACT ACTS                   


-MISC1-
                             ACT JUNE 28, 1940                         

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 28, 1940, CH. 440, 54
      STAT. 676                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JUNE 28, 1940, CH. 440, 54 STAT. 676

-HEAD-
                 ACT JUNE 28, 1940, CH. 440, 54 STAT. 676             

-End-



-CITE-
    50 USC APPENDIX Secs. 1151, 1152                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JUNE 28, 1940, CH. 440, 54 STAT. 676

-HEAD-
    Secs. 1151, 1152. Omitted

-COD-
                               CODIFICATION                           
      Section 1151, act June 28, 1940, ch. 440, title I, Sec. 1, 54
    Stat. 676, which related to advance and partial payments on defense
    contracts and liens on payments, terminated on June 30, 1942
    pursuant to the provisions of section 1162 of this Appendix. A
    provision of this section concerning reports to Congress was
    repealed by act Aug. 7, 1946, ch. 770, Sec. 1(25), 60 Stat. 868.
    Advance payments on government contracts are covered by section 255
    of Title 41, Public Contracts and sections 1431 to 1435 of Title
    50, War and National Defense.
      Section 1152, acts June 28, 1940, ch. 440, title I, Sec. 2, 54
    Stat. 676; Sept. 9, 1940, ch. 717, title II, Sec. 201, 54 Stat.
    875; May 31, 1941, ch. 157, 55 Stat. 236; Mar. 27, 1942, ch. 199,
    title III, Sec. 301, 56 Stat. 177; Dec. 20, 1944, ch. 614, 58 Stat.
    827; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat.
    1352; Aug. 7, 1946, ch. 770, Sec. 1(26), (31), 60 Stat. 868, was
    omitted as terminated. Subsec. (a) of this section, which related
    to the powers, duties, and discretion of the President to contract
    for the acquisition, construction, and repair of naval vessels,
    aircraft, and equipment, was omitted pursuant to the provisions of
    section 645 of this Appendix. See Continuation of Import Controls
    note set out below. Subsec. (b) of this section, which required
    contracts for naval vessels under section 496 of former Title 34,
    Navy, to contain limitations on excess profits, terminated on June
    30, 1942, pursuant to the provisions of section 1162 of this
    Appendix.
      Pub. L. 91-452, title II, Sec. 249, Oct. 15, 1970, 84 Stat. 931,
    purported to amend subsec. (a)(4) of section 1152, by striking out
    provisions which related to immunity from prosecution of any
    individual compelled to testify or produce evidence, documentary or
    otherwise, after claiming his privilege against self-incrimination,
    subsequent to termination of subsec. (a)(4).


-MISC1-
      CONTINUATION OF IMPORT CONTROLS OVER FATS AND OILS AND RICE AND
                    RICE PRODUCTS UNTIL AUGUST 1, 1951
      Act June 30, 1950, ch. 426, 64 Stat. 308, as amended June 30,
    1951, ch. 198, Sec. 3, 65 Stat. 111, continued Title III of the
    Second War Powers Act, 1942, as amended [this section] until Aug.
    1, 1951, for the purpose of authorizing and exercising,
    administering, and enforcing of import controls with respect to
    fats and oils (including oil-bearing materials, fatty acids,
    butter, soap and soap powder, but excluding petroleum and petroleum
    products and coconuts and coconut products) and rice and rice
    products, upon a determination by the President that such controls
    are (a) essential to the acquisition or distribution of products in
    world short supply or (b) essential to the orderly liquidation of
    temporary surpluses of stocks owned or controlled by the
    Government.
      Similar provisions continuing the controls until July 1, 1950,
    were contained in act July 1, 1949, ch. 292, 63 Stat. 405.


-EXEC-
                         EXECUTIVE ORDER NO. 9729                     
      Ex. Ord. No. 9729, May 23, 1946, 11 F.R. 5641, related to the
    functions and duties of the Office of Defense Transportation, which
    was terminated by Ex. Ord. No. 10065, July 6, 1949, eff. July 1,
    1949, 14 F.R. 3719.

-End-



-CITE-
    50 USC APPENDIX Secs. 1153 to 1162                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JUNE 28, 1940, CH. 440, 54 STAT. 676

-HEAD-
    Secs. 1153 to 1162. Omitted

-COD-
                               CODIFICATION                           
      Sections 1153, 1154, and 1156 to 1162 terminated June 30, 1942,
    and section 1155 terminated Apr. 30, 1943, pursuant to the
    provisions of section 1162 of this Appendix.
      Section 1153, act June 28, 1940, ch. 440, title I, Sec. 3, 54
    Stat. 677, limited the provisions of section 496 of former Title
    34, Navy, to contracts exceeding $25,000.
      Section 1154, act June 28, 1940, ch. 440, title I, Sec. 4, 54
    Stat. 677, provided for certification as to necessity and cost of
    special additional equipment and facilities acquired to facilitate
    construction of aircraft or naval vessels under section 496 of
    former Title 34. A provision of this section concerning reports to
    Congress was repealed by act Aug. 7, 1946, ch. 770, Sec. 1(27), 60
    Stat. 868.
      Section 1155, act June 28, 1940, ch. 440, title I, Sec. 5, 54
    Stat. 678, related to working hours and overtime compensation of
    Navy, Coast Guard, and Army employees. Act July 3, 1942, ch. 482,
    56 Stat. 645, as amended Oct. 2, 1942, ch. 577, 56 Stat. 765; Dec.
    22, 1942, ch. 798, 56 Stat. 1068, extended from June 30, 1942, to
    and including Apr. 30, 1943, the provisions for the payment of
    overtime rates of compensation contained in sections 1151 to 1162.
      Section 1156, act June 28, 1940, ch. 440, title I, Sec. 6, 54
    Stat. 679; Aug. 21, 1941, ch. 385, 55 Stat. 654, related to
    reemployment of retired employees and to summary removal of civil
    service employees of the War and Navy Departments and the Coast
    Guard for national security reasons. Act Aug. 21, 1941, ch. 385, 55
    Stat. 654, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6,
    1966, 80 Stat. 651.
      Section 1157, act June 28, 1940, ch. 440, title I, Sec. 7, 54
    Stat. 679, added a temporary section 8 to act Mar. 14, 1936, ch.
    140, 49 Stat. 611, providing for vacation pay in lieu of vacation
    for Navy and Coast Guard employees. The act of Mar. 14, 1936, was
    repealed by act Oct. 30, 1951, ch. 631, title II, Sec. 207(a)(1),
    65 Stat. 682. For accumulation of annual leave, see section 6301 et
    seq. of Title 5, Government Organization and Employees.
      Section 1158, acts June 28, 1940, ch. 440, title I, Sec. 8, 54
    Stat. 680; Sept. 16, 1940, ch. 720, Sec. 9, 54 Stat. 892, increased
    the limit of cost of vessels under section 498c-1 of former Title
    34, Navy, and other statutes, suspended limitations on payments to
    certain Navy Department employees, and authorized the Secretary of
    the Navy to employ additional personnel and to provide and operate
    the necessary buildings, facilities, utilities, and appurtenances
    thereto for the purposes of sections 1151 to 1162 of this Appendix.
    The latter provision is covered by section 1201 of this Appendix.
    Act Aug. 21, 1941, ch. 395, 55 Stat. 664, made the provisions of
    section 1158 applicable to naval public-works projects authorized
    by that act and all prior acts. A provision of this section
    concerning reports to Congress was repealed by act Aug. 7, 1946,
    ch. 770, Sec. 1(28), 60 Stat. 868.
      Section 1159, act June 28, 1940, ch. 440, title I, Sec. 9, 54
    Stat. 680, authorized modification of existing Navy and Coast Guard
    contracts to expedite defense.
      Section 1160, act June 28, 1940, ch. 440, title I, Sec. 10, 54
    Stat. 680, related to approval of certain Naval public-works
    contracts under act April 25, 1939, ch. 87, Sec. 4, 53 Stat. 590.
      Section 1161, act June 28, 1940, ch. 440, title I, Sec. 11, 54
    Stat. 680, related to employment of aliens in performance of
    secret, confidential, or restricted Government contracts.
      Section 1162, act June 28, 1940, ch. 440, title I, Sec. 12, 54
    Stat. 681, provided that sections 1151 to 1161 of this Appendix
    terminate June 30, 1942, unless Congress otherwise provided, was
    omitted from the Code as terminated.

-End-


-CITE-
    50 USC APPENDIX ACT JULY 2, 1940, CH. 508, 54
      STAT. 712                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 2, 1940, CH. 508, 54 STAT. 712

-HEAD-
                  ACT JULY 2, 1940, CH. 508, 54 STAT. 712              

-End-



-CITE-
    50 USC APPENDIX Secs. 1171, 1172                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 2, 1940, CH. 508, 54 STAT. 712

-HEAD-
    Secs. 1171, 1172. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A
      Stat. 641

-MISC1-
      Section 1171, acts July 2, 1940, ch. 508, Sec. 1, 54 Stat. 712;
    Sept. 9, 1940, ch. 717, title I, Sec. 103, 54 Stat. 875; June 5,
    1942, ch. 340, Sec. 13, 56 Stat. 317, related to contracts for Army
    defense facilities, construction of facilities, acquisition of
    military equipment munitions, and supplies, suspension of
    limitations on costs, operation and maintenance of facilities, and
    disposal of land and facilities.
      Section 1172, act July 2, 1940, ch. 508, Sec. 5, 54 Stat. 714,
    related to contracts for emergencies affecting national defense;
    limitation of amount; report of expenditures; compliance with
    statutory conditions for contracts.

-End-


-CITE-
    50 USC APPENDIX ACT JULY 17, 1953, CH. 221, 67
      STAT. 177                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 17, 1953, CH. 221, 67 STAT. 177

-HEAD-
                 ACT JULY 17, 1953, CH. 221, 67 STAT. 177             

-End-



-CITE-
    50 USC APPENDIX Secs. 1173 to 1175                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 17, 1953, CH. 221, 67 STAT. 177

-HEAD-
    Secs. 1173 to 1175. Omitted

-COD-
                               CODIFICATION                           
      Sections 1173 to 1175 were omitted pursuant to act June 21, 1956,
    ch. 420, 70 Stat. 325, which provided that sections 1173 to 1175 of
    this Appendix remain in effect until six months after the national
    emergency proclaimed by the President on Dec. 16, 1950, or until
    such date as specified by a concurrent resolution of the Congress
    or until July 1, 1957, whichever was earliest.
      Section 1173, acts July 17, 1953, ch. 221, Sec. 1, 67 Stat. 177;
    July 26, 1954, ch. 570, Sec. 2, 68 Stat. 531, related to
    construction authority for the Armed Forces.
      Section 1174, act July 17, 1953, ch. 221, Sec. 2, 67 Stat. 178,
    related to activity reports by the Secretary of Defense.
      Section 1175, act July 17, 1953, ch. 221, Sec. 3, 67 Stat. 178,
    prohibited construction of section 1173 to 1175 of this Appendix as
    a repeal or modification of section 555 of former Title 40, Public
    Buildings, Property, and Works.

-End-


-CITE-
    50 USC APPENDIX ACT JULY 11, 1941, CH. 290, Sec.
      3, 55 STAT. 585                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 11, 1941, CH. 290, Sec. 1A3, 55 STAT. 585

-HEAD-
             ACT JULY 11, 1941, CH. 290, SEC. 3, 55 STAT. 585         

-End-



-CITE-
    50 USC APPENDIX Sec. 1181                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT JULY 11, 1941, CH. 290, Sec. 1A3, 55 STAT. 585

-HEAD-
    Sec. 1181. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-
      Section, act July 11, 1941, ch. 290, Sec. 3, 55 Stat. 585,
    authorized the Secretary of the Treasury to negotiate contracts for
    Coast Guard vessels, aircraft and equipment on the basis provided
    by section 1152(a) of this Appendix.

-End-


-CITE-
    50 USC APPENDIX ACT APR. 28, 1942, CH. 247,
      TITLE IV, Sec. 403, 56 STAT. 245                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT APR. 28, 1942, CH. 247, TITLE IV, Sec. 1A403, 56 STAT. 245

-HEAD-
       ACT APR. 28, 1942, CH. 247, TITLE IV, SEC. 403, 56 STAT. 245   

-End-



-CITE-
    50 USC APPENDIX Sec. 1191                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT APR. 28, 1942, CH. 247, TITLE IV, Sec. 1A403, 56 STAT. 245

-HEAD-
    Sec. 1191. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Apr. 28, 1942, ch. 247, title IV, Sec. 403, 56
    Stat. 245; Oct. 21, 1942, ch. 619, title VIII, Sec. 801(a)-(c), 56
    Stat. 982; July 1, 1943, ch. 185, Sec. 1, 57 Stat. 347, 348; July
    14, 1943, ch. 239, Secs. 1-4, 57 Stat. 564; Feb. 25, 1944, ch. 63,
    title VII, Sec. 701(b), 58 Stat. 78; June 30, 1945, ch. 210, Sec.
    1, 59 Stat. 294; June 14, 1947, ch. 105, 61 Stat. 133; June 28,
    1949, ch. 268, Sec. 2(a), 63 Stat. 280; Mar. 23, 1951, ch. 15,
    title II, Sec. 201(a)-(d), 65 Stat. 23; Oct. 20, 1951, ch. 521,
    title VI, Sec. 617, 65 Stat. 569; July 17, 1952, ch. 924, Sec. 2,
    66 Stat. 753, which provided that this section be cited as the
    Renegotiation Act and which related to the renegotiation of
    contracts and determination and recovery of excess profits, was
    omitted in view of the application of the provisions of this
    section to profits derived from contracts determined under
    regulations prescribed by the Board (meaning the War Contracts
    Price Adjustment Board, prior to its abolition sixty days after
    Mar. 23, 1951, by section 201(a) and (k) of act Mar. 23, 1951, and
    thereafter the Renegotiation Board) to be reasonably allocable to
    performance prior to the close of Dec. 31, 1945, and the
    termination of the Renegotiation Board and transfer of all
    property, including records, of the Renegotiation Board to the
    Administrator, General Services Administration, on Mar. 31, 1979,
    pursuant to Pub. L. 95-431, title V, Sec. 501, Oct. 10, 1978, 92
    Stat. 1043.


-MISC1-
                                TERMS USED                            
      Act Feb. 25, 1944, ch. 63, title VII, Sec. 701(a), 58 Stat. 78,
    which provided that terms used in section 701 of act Feb. 25, 1944,
    have same meaning as when used in this section.

-End-


-CITE-
    50 USC APPENDIX ACT FEB. 25, 1944, CH. 63, TITLE
      VIII, Sec. 801, 58 STAT. 92                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT FEB. 25, 1944, CH. 63, TITLE VIII, Sec. 1A801, 58 STAT. 92

-HEAD-
       ACT FEB. 25, 1944, CH. 63, TITLE VIII, SEC. 801, 58 STAT. 92   

-End-



-CITE-
    50 USC APPENDIX Sec. 1192                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT FEB. 25, 1944, CH. 63, TITLE VIII, Sec. 1A801, 58 STAT. 92

-HEAD-
    Sec. 1192. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 25, 1944, ch. 63, title VIII, Sec. 801, 58
    Stat. 92, which related to repricing of war contracts, terminated
    on Dec. 31, 1945 under the provisions of section 802(b) of act Feb.
    25, 1944.

-End-


-CITE-
    50 USC APPENDIX ACT MAY 21, 1948, CH. 333, Sec.
      3, 62 STAT. 259                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAY 21, 1948, CH. 333, Sec. 1A3, 62 STAT. 259

-HEAD-
              ACT MAY 21, 1948, CH. 333, SEC. 3, 62 STAT. 259          

-End-



-CITE-
    50 USC APPENDIX Sec. 1193                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAY 21, 1948, CH. 333, Sec. 1A3, 62 STAT. 259

-HEAD-
    Sec. 1193. Omitted

-COD-
                               CODIFICATION                           
      Section, acts May 21, 1948, ch. 333, Sec. 3, 62 Stat. 259; Aug.
    10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591, provided that this
    section be cited as the Renegotiation Act of 1948 and related to
    renegotiation of airplane contracts, authorizing the Secretary of
    Defense, by utilizing provisions of the Renegotiation Act, section
    1191 of this title, to renegotiate contracts for the purpose of
    eliminating excess profits.


-MISC1-
     DEPARTMENT OF DEFENSE PROCUREMENT CONTRACTS FOR FISCAL YEAR 1950
                          SUBJECT TO THIS SECTION
      Act Oct. 29, 1949, ch. 787, Sec. 622(a), 63 Stat. 1021, which
    provided that all negotiated contracts for procurement in excess of
    $1,000 entered into during the fiscal year 1950 by or on behalf of
    the Department of Defense, including the Department of the Army,
    Department of the Navy, and Department of the Air Force, and all
    subcontracts thereunder in excess of $1,000, are made subject to
    this section in the same manner and to the same extent as if such
    contracts and subcontracts were required by this section to contain
    the renegotiation article prescribed in subsec. (a) of this
    section.

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 17, 1942, CH. 739, 56
      STAT. 1053                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT DEC. 17, 1942, CH. 739, 56 STAT. 1053

-HEAD-
                 ACT DEC. 17, 1942, CH. 739, 56 STAT. 1053             

-End-



-CITE-
    50 USC APPENDIX Sec. 1201                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT DEC. 17, 1942, CH. 739, 56 STAT. 1053

-HEAD-
    Sec. 1201. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Dec. 17, 1942, ch. 739, Sec. 1, 56 Stat. 1053; Aug.
    7, 1946, ch. 770, Sec. 1(32), 60 Stat. 868; July 3, 1952, ch. 570,
    Sec. 1(a)(1), 66 Stat. 330, which related to acquisition and
    operation of buildings and facilities by the Secretary of the Navy,
    terminated Aug. 1, 1953.


-MISC1-
              CONTINUATION OF PROVISIONS UNTIL AUGUST 1, 1953          
      Act July 3, 1952, ch. 570, Sec. 6, 66 Stat. 334, repealed act
    Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by acts May 28,
    1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437, 66 Stat. 137;
    June 30, 1952, ch. 526, 66 Stat. 296, which had continued the
    effectiveness of the provisions of this section until July 3, 1952.
    Section 1(a) of act July 3, 1952, as amended by acts Mar. 31, 1953,
    ch. 13, Sec. 1, 67 Stat. 18 and June 30, 1953, ch. 172, 67 Stat.
    132, extended the time limitation on the effectiveness of the
    provisions of this section from Apr. 1, 1953 to Aug. 1, 1953.

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 23, 1951, CH. 15, 65
      STAT. 7                                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7

-HEAD-
                   ACT MAR. 23, 1951, CH. 15, 65 STAT. 7               

-End-


-CITE-
    50 USC APPENDIX TITLE I - RENEGOTIATION OF
           CONTRACTS                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE I - RENEGOTIATION OF CONTRACTS

-HEAD-
                   TITLE I - RENEGOTIATION OF CONTRACTS               

-End-



-CITE-
    50 USC APPENDIX Secs. 1211 to 1217                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE I - RENEGOTIATION OF CONTRACTS

-HEAD-
    Secs. 1211 to 1217. Omitted

-COD-
                               CODIFICATION                           
      Sections were omitted pursuant to section 1212(c)(1) of this
    Appendix, which provided that sections 1211 to 1217, and 1218 to
    1224 of this Appendix not be applicable to receipts and accruals
    under contracts attributable to performance after Sept. 30, 1976,
    and in view of the termination of the Renegotiation Board and
    transfer of all property, including records, of the Renegotiation
    Board to the Administrator, General Services Administration, on
    Mar. 31, 1979, pursuant to Pub. L. 95-431, title V, Sec. 501, Oct.
    10, 1978, 92 Stat. 1043.
      Section 1211, act Mar. 23, 1951, ch. 15, title I, Sec. 101, 65
    Stat. 7, set forth the Congressional declaration of policy
    concerning renegotiation of contracts.
      Section 1212, acts Mar. 23, 1951, ch. 15, title I, Sec. 102, 65
    Stat. 8; Sept. 1, 1954, ch. 1209, Sec. 1, 68 Stat. 1116; Aug. 3,
    1955, ch. 499, Secs. 1, 2(a), 69 Stat. 447; Aug. 1, 1956, ch. 821,
    Secs. 2, 9(b), 70 Stat. 786, 791; Sept. 6, 1958, Pub. L. 85-930,
    Sec. 1, 72 Stat. 1789; July 13, 1959, Pub. L. 86-89, Sec. 1, 73
    Stat. 210; July 3, 1962, Pub. L. 87-520, Sec. 1, 76 Stat. 134; June
    30, 1964, Pub. L. 88-339, Sec. 1, 78 Stat. 233; June 30, 1966, Pub.
    L. 89-480, 80 Stat. 232; Oct. 24, 1968, Pub. L. 90-634, title I,
    Sec. 102, 82 Stat. 1345; July 1, 1971, Pub. L. 92-41, Sec. 1, 85
    Stat. 97; July 9, 1973, Pub. L. 93-66, Sec. 1, 87 Stat. 152; June
    30, 1974, Pub. L. 93-329, Sec. 1, 88 Stat. 288; Dec. 31, 1975, Pub.
    L. 94-185, 89 Stat. 1061, which related to contracts subject to
    renegotiation and provided that sections 1211 to 1214 of this
    Appendix not be applicable to receipts and accruals under contracts
    attributable to performance after Sept. 30, 1976.
      Section 1213, acts Mar. 23, 1951, ch. 15, title I, Sec. 103, 65
    Stat. 8; Aug. 1, 1956, ch. 821, Secs. 3(a), 4, 70 Stat. 786; Sept.
    6, 1958, Pub. L. 85-930, Sec. 2(a), 72 Stat. 1789; July 13, 1959,
    Pub. L. 86-89, Sec. 2, 73 Stat. 210; June 30, 1964, Pub. L. 88-339,
    Sec. 2(a), 78 Stat. 233; July 1, 1971, Pub. L. 92-41, Sec. 3(d), 85
    Stat. 98; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 160(a)(18),
    96 Stat. 48, related to definitions for the purposes of sections
    1211 to 1224 of this Appendix.
      Section 1214, act Mar. 23, 1951, ch. 15, title I, Sec. 104, 65
    Stat. 11, related to renegotiation clauses in contracts.
      Section 1215, acts Mar. 23, 1951, ch. 15, title I, Sec. 105, 65
    Stat. 12; Sept. 1, 1954, ch. 1209, Secs. 2, 7(a), 68 Stat. 1116,
    1118; Aug. 1, 1956, ch. 821, Secs. 5(a)-(c), 6, 7(a), 70 Stat. 787;
    June 11, 1960, Pub. L. 86-507, Sec. 1(39), 74 Stat. 202; July 3,
    1962, Pub. L. 87-520, Sec. 2(c), 76 Stat. 134; Oct. 24, 1968, Pub.
    L. 90-634, title I, Sec. 103, 82 Stat. 1345; July 1, 1971, Pub. L.
    92-41, Secs. 2(a), 3(d), 85 Stat. 97, 98; Apr. 2, 1982, Pub. L. 97-
    164, title I, Sec. 160(a)(18), 96 Stat. 48, related to
    renegotiation proceedings.
      Section 1216, acts Mar. 23, 1951, ch. 15, title I, Sec. 106, 65
    Stat. 17; Sept. 1, 1954, ch. 1209, Secs. 3(a), 4(a)-(c), 5(a),
    6(a), 68 Stat. 1116, 1118; Aug. 3, 1955, ch. 499, Secs. 3(a), 4(a),
    5(a), 69 Stat. 447, 448; Aug. 1, 1956, ch. 821, Secs. 8(a), 9(a),
    70 Stat. 789; Oct. 24, 1968, Pub. L. 90-634, title I, Sec. 104, 82
    Stat. 1345; July 1, 1971, Pub. L. 92-41, Sec. 3(d), 85 Stat. 98;
    Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 160(a)(18), 96 Stat.
    48, related to exemptions.
      Section 1217, acts Mar. 23, 1951, ch. 15, title I, Sec. 107, 65
    Stat. 19; Aug. 1, 1956, ch. 821, Sec. 10, 70 Stat. 791; July 13,
    1959, Pub. L. 86-89, Sec. 3, 73 Stat. 211; June 11, 1960, Pub. L.
    86-507, Sec. 1(40), 74 Stat. 202; Aug. 14, 1964, Pub. L. 88-426,
    title III, Sec. 305(31), 78 Stat. 426, established the
    Renegotiation Board and provided for its operation. The
    Renegotiation Board was terminated and all property, including
    records, of the Board was transferred to the Administrator, General
    Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95-
    431, title V, Sec. 501, Oct. 10, 1978, 92 Stat. 1043.

-End-



-CITE-
    50 USC APPENDIX Sec. 1217a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE I - RENEGOTIATION OF CONTRACTS

-HEAD-
    Sec. 1217a. Repealed. June 28, 1955, ch. 189, Sec. 12(c)(5), 69
      Stat. 181

-MISC1-
      Section, act Nov. 1, 1951, ch. 665, Ch. V, 65 Stat. 763,
    authorized the Board to place not more than five positions in
    grades 16, 17, or 18 of the General Schedule established by the
    Classification Act of 1949.

-End-



-CITE-
    50 USC APPENDIX Secs. 1218 to 1224                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE I - RENEGOTIATION OF CONTRACTS

-HEAD-
    Secs. 1218 to 1224. Omitted

-COD-
                               CODIFICATION                           
      Sections were omitted pursuant to section 1212(c)(1) of this
    Appendix, which provided that sections 1211 to 1217, and 1218 to
    1224 of this Appendix not be applicable to receipts and accruals
    under contracts attributable to performance after Sept. 30, 1976,
    and in view of the termination of the Renegotiation Board and
    transfer of all property, including records, of the Renegotiation
    Board to the Administrator, General Services Administration, on
    Mar. 31, 1979, pursuant to Pub. L. 95-431, title V, Sec. 501, Oct.
    10, 1978, 92 Stat. 1043.
      Section 1218, acts Mar. 23, 1951, ch. 15, title I, Sec. 108, 65
    Stat. 21; Aug. 1, 1956, ch. 821, Sec. 11(a), 70 Stat. 791; July 3,
    1962, Pub. L. 87-520, Sec. 2(b), 76 Stat. 134; July 1, 1971, Pub.
    L. 92-41, Secs. 2(b), 3(a), 85 Stat. 97, 98; Apr. 2, 1982, Pub. L.
    97-164, title I, Sec. 160(a)(18), 96 Stat. 48, provided for review
    by the United States Claims Court [now United States Court of
    Federal Claims] of Renegotiation Board determinations.
      Section 1218a, acts Mar. 23, 1951, ch. 15, title I, Sec. 108A, as
    added Aug. 1, 1956, ch. 821, Sec. 12, 70 Stat. 791; amended July 3,
    1962, Pub. L. 87-520, Sec. 2(a), 76 Stat. 134; July 1, 1971, Pub.
    L. 92-41, Sec. 3(b), 85 Stat. 98; Apr. 2, 1982, Pub. L. 97-164,
    title I, Sec. 160(a)(18), (c), 96 Stat. 48, provided for review of
    United States Claims Court [now United States Court of Federal
    Claims] decisions.
      Section 1219, act Mar. 23, 1951, ch. 15, title I, Sec. 109, 65
    Stat. 22, authorized the Renegotiation Board to make rules and
    regulations as deemed necessary.
      Section 1220, act Mar. 23, 1951, ch. 15, title I, Sec. 110, 65
    Stat. 22, provided that no person be held liable for damages or
    penalties for compliance with any rule, regulation, or order.
      Section 1221, act Mar. 23, 1951, ch. 15, title I, Sec. 111, 65
    Stat. 22, related to application of the Administrative Procedure
    Act.
      Section 1222, act Mar. 23, 1951, ch. 15, title I, Sec. 112, 65
    Stat. 22, related to authorization of appropriations.
      Section 1223, acts Mar. 23, 1951, ch. 15, title I, Sec. 113, 65
    Stat. 22; Aug. 1, 1956, ch. 821, Sec. 13, 70 Stat. 792, related to
    prosecution of claims against United States by former personnel.
      Section 1224, acts Mar. 23, 1951, ch. 15, title I, Sec. 114, as
    added Aug. 1, 1956, ch. 821, Sec. 14, 70 Stat. 792; amended July 1,
    1971, Pub. L. 92-41, Sec. 3(c), 85 Stat. 98; Apr. 2, 1982, Pub. L.
    97-164, title I, Sec. 160(a)(18), 96 Stat. 48, required the
    Renegotiation Board to report to Congress on or before Jan. 1,
    1957, and on or before Jan. 1, of each year thereafter on its
    activities for the preceding year ending on June 30.

-End-


-CITE-
    50 USC APPENDIX TITLE II - GENERAL PROVISIONS               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE II - GENERAL PROVISIONS

-HEAD-
                       TITLE II - GENERAL PROVISIONS                   

-End-



-CITE-
    50 USC APPENDIX Secs. 1231 to 1233                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR AND DEFENSE CONTRACT ACTS
    ACT MAR. 23, 1951, CH. 15, 65 STAT. 7
    TITLE II - GENERAL PROVISIONS

-HEAD-
    Secs. 1231 to 1233. Omitted

-COD-
                               CODIFICATION                           
      Section 1231, acts Mar. 23, 1951, ch. 15, title II, Sec. 201, 65
    Stat. 23; July 17, 1952, ch. 924, Sec. 3, 66 Stat. 753; Sept. 1,
    1954, ch. 1209, Sec. 8, 68 Stat. 1118, which abolished the War
    Contracts Price Adjustment Board and transferred its functions
    under section 1191 of this Appendix to the Renegotiation Board,
    with the exception of the functions under section 1191(a)(4)(D) of
    this Appendix, which were transferred to the Administrator of
    General Services, was omitted in view of the termination of the
    Renegotiation Board and transfer of all property, including
    records, of the Board to the Administrator, General Services
    Administration, on Mar. 31, 1979, pursuant to Pub. L. 95-431, title
    V, Sec. 501, Oct. 10, 1978, 92 Stat. 1043, and the omission of
    section 1191 of this Appendix.
      Section 1232, act Mar. 23, 1951, ch. 15, title II, Sec. 202, 65
    Stat. 24, which prescribed a period of limitations for actions
    under the Renegotiation Act of 1948, section 1193 of this Appendix,
    was omitted in view of the omission of section 1193 of this
    Appendix.
      Section 1233, act Mar. 23, 1951, ch. 15, title II, Sec. 203, 65
    Stat. 25, amended section 3806(a)(1) of the Internal Revenue Code
    of 1939. Provisions of section 3806 of the I.R.C. of 1939 are
    covered by section 1481 of Title 26, Internal Revenue Code.

-End-


-CITE-
    50 USC APPENDIX NATIONAL EMERGENCY AND WAR
      SHIPPING ACTS                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS

-HEAD-
                 NATIONAL EMERGENCY AND WAR SHIPPING ACTS             


-MISC1-
                             ACT JUNE 11, 1940                         
    Sec.                                                     
    1251.       Repealed.                                             

                              ACT MAY 2, 1941                          
    1261 to 1263. Repealed.                                           

                             ACT JUNE 6, 1941                         
    1271 to 1275. Omitted.                                            

                             ACT JULY 14, 1941                         
    1281 to 1286. Repealed.                                           

                             ACT MAR. 24, 1943                         
    1291.       Rights of American seamen on privately owned and
                 operated American vessels extended to seamen employed
                 through the War Shipping Administration; exceptions;
                 definitions.                                         
    1292.       Insurance awards by War Shipping Administrator;
                 findings and actions as conclusive.                  
    1293.       Payment of compensation; insurance.                   
    1294.       United States as entitled to all benefits of exemption
                 and limitation of liability accorded to owners of
                 vessels.                                             
    1295.       Omitted.                                              

                             ACT APR. 29, 1943                         
    1301 to 1305. Repealed.                                           

                             ACT AUG. 10, 1946                         
    1306 to 1308. Repealed.                                           

                             ACT JULY 9, 1943                         
    1311, 1312. Omitted.                                              

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 11, 1940, CH. 327, 54
      STAT. 306                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JUNE 11, 1940, CH. 327, 54 STAT. 306

-HEAD-
                 ACT JUNE 11, 1940, CH. 327, 54 STAT. 306             

-End-



-CITE-
    50 USC APPENDIX Sec. 1251                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JUNE 11, 1940, CH. 327, 54 STAT. 306

-HEAD-
    Sec. 1251. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-
      Section, acts June 11, 1940, ch. 327, 54 Stat. 306; May 2, 1941,
    ch. 84, Sec. 1, 55 Stat. 148; June 16, 1942, ch. 416, 56 Stat. 370,
    related to determination of foreign construction costs of vessels.

-End-


-CITE-
    50 USC APPENDIX ACT MAY 2, 1941, CH. 84, 55
      STAT. 148                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAY 2, 1941, CH. 84, 55 STAT. 148

-HEAD-
                   ACT MAY 2, 1941, CH. 84, 55 STAT. 148               

-End-



-CITE-
    50 USC APPENDIX Secs. 1261, 1262                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAY 2, 1941, CH. 84, 55 STAT. 148

-HEAD-
    Secs. 1261, 1262. Repealed. July 25, 1947, ch. 327, Sec. 1, 61
      Stat. 449

-MISC1-
      Section 1261, acts May 2, 1941, ch. 84, Sec. 2, 55 Stat. 148;
    June 16, 1942, ch. 416, 56 Stat. 370, authorized United States
    Maritime Commission to negotiate contracts without advertisement or
    bids.
      Section 1262, acts May 2, 1941, ch. 84, Sec. 3, 55 Stat. 149;
    June 16, 1942, ch. 416, 56 Stat. 370, authorized charter of
    Commission vessels to private operators for foreign trade until six
    months after the end of World War II.

-End-



-CITE-
    50 USC APPENDIX Sec. 1263                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAY 2, 1941, CH. 84, 55 STAT. 148

-HEAD-
    Sec. 1263. Repealed. May 7, 1943, ch. 93, Sec. 5, 57 Stat. 77

-MISC1-
      Section, acts May 2, 1941, ch. 84, Sec. 4, 55 Stat. 150; June 16,
    1942, ch. 416, 56 Stat. 370, related to working hours and overtime
    pay of United States Maritime Commission ship construction and
    other employees.

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 6, 1941, CH. 174, 55
      STAT. 242                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JUNE 6, 1941, CH. 174, 55 STAT. 242

-HEAD-
                  ACT JUNE 6, 1941, CH. 174, 55 STAT. 242              

-End-



-CITE-
    50 USC APPENDIX Secs. 1271 to 1275                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JUNE 6, 1941, CH. 174, 55 STAT. 242

-HEAD-
    Secs. 1271 to 1275. Omitted

-COD-
                               CODIFICATION                           
      Section 1271, acts June 6, 1941, ch. 174, Sec. 1, 55 Stat. 242;
    June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, Sec.
    3(a), 57 Stat. 48, which related to purchase, requisition, etc., of
    foreign vessels authorized during national emergency and
    compensation, expired on July 1, 1953. See section 196 of Title 50.
      Section 1272, acts June 6, 1941, ch. 174, Sec. 2, 55 Stat. 243;
    June 16, 1942, ch. 416, 56 Stat. 370, which related to availability
    of appropriations for carrying out provisions of section 1271 to
    1275 of this Appendix, expired on July 1, 1953.
      Section 1273, acts June 6, 1941, ch. 174, Sec. 3, 55 Stat. 243;
    June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, Sec.
    3(j), 57 Stat. 51, which related to charter of domestic and foreign
    vessels, expired on July 1, 1953. See sections 197 and 198 of Title
    50.
      Section 1274, acts June 6, 1942, ch. 174, Sec. 4, 55 Stat. 244;
    June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, Sec.
    3(k), 57 Stat. 51, which related to purchase of domestic or foreign
    vessels, expired on July 1, 1953. See sections 197 and 198 of Title
    50.
      Section 1275, acts June 6, 1941, ch. 174, Sec. 5, 55 Stat. 244;
    June 16, 1942, ch. 416, 56 Stat. 370, which related to
    documentation of vessels requisitioned, purchased, etc., expired on
    July 1, 1953. See section 198 of Title 50.
      Ex. Ord. No. 9848, eff. May 8, 1947, 12 F.R. 3059, and Ex. Ord.
    No. 8869, eff. Aug. 23, 1941, 6 F.R. 4351, related to
    administration of sections 1271 to 1275 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX ACT JULY 14, 1941, CH. 297, 55
      STAT. 591                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JULY 14, 1941, CH. 297, 55 STAT. 591

-HEAD-
                 ACT JULY 14, 1941, CH. 297, 55 STAT. 591             

-End-



-CITE-
    50 USC APPENDIX Secs. 1281 to 1286                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JULY 14, 1941, CH. 297, 55 STAT. 591

-HEAD-
    Secs. 1281 to 1286. Repealed. July 25, 1947, ch. 327, Sec. 1, 61
      Stat. 449

-MISC1-
      Section 1281, acts July 14, 1941, ch. 297, Sec. 1, 55 Stat. 591;
    June 16, 1942, ch. 416, 56 Stat. 370, related to transportation
    priorities for merchant vessels during World War II.
      Section 1282, acts July 14, 1941, ch. 297, Sec. 2, 55 Stat. 591;
    June 16, 1942, ch. 416, 56 Stat. 370, related to form and content
    of warrants.
      Section 1283, acts July 14, 1941, ch. 297, Sec. 3, 55 Stat. 592;
    June 16, 1942, ch. 416, 56 Stat. 370, related to priorities for
    vessels holding warrants.
      Section 1284, acts July 14, 1941, ch. 297, Sec. 4, 55 Stat. 592;
    June 16, 1942, ch. 416, 56 Stat. 370, related to Commission policy
    regarding priorities.
      Section 1285, acts July 14, 1941, ch. 297, Sec. 5, 55 Stat. 592;
    June 16, 1942, ch. 416, 56 Stat. 370, defined citizens of the
    United States for purposes of sections 1281 to 1286 of this
    Appendix.
      Section 1286, acts July 14, 1941, ch. 297, Sec. 6, 55 Stat. 592;
    June 16, 1942, ch. 416, 56 Stat. 370, related to penalties for
    violations of sections 1281 to 1286 of this Appendix and
    jurisdiction of offenses committed in the Canal Zone and the
    Philippine Islands.

                       EXTENSION OF TERMINATION DATE                   
      Prior to repeal, sections 1281 to 1286 had been extended until
    six months after termination of World War II by act June 16, 1942,
    ch. 416, 56 Stat. 370.

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 24, 1943, CH. 26, 57
      STAT. 45                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
                  ACT MAR. 24, 1943, CH. 26, 57 STAT. 45              

-End-



-CITE-
    50 USC APPENDIX Sec. 1291                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
    Sec. 1291. Rights of American seamen on privately owned and
      operated American vessels extended to seamen employed through the
      War Shipping Administration; exceptions; definitions

-STATUTE-
      (a) Officers and members of crews (hereinafter referred to as
    "seamen") employed on United States or foreign flag vessels as
    employees of the United States through the War Shipping
    Administration (!1) shall, with respect to (1) laws administered by
    the Public Health Service and the Social Security Act [42 U.S.C.
    301 et seq.], as amended by subsection (b)(2) and (3) of this
    section; (2) death, injuries, illness, maintenance and cure, loss
    of effects, detention, or repatriation, or claims arising therefrom
    not covered by the foregoing clause (1); and (3) collection of
    wages and bonuses and making of allotments, have all of the rights,
    benefits, exemptions, privileges, and liabilities, under law
    applicable to citizens of the United States employed as seamen on
    privately owned and operated American vessels. Such seamen, because
    of the temporary wartime character of their employment by the War
    Shipping Administration, shall not be considered as officers or
    employees of the United States for the purposes of the United
    States Employees Compensation Act, as amended [5 U.S.C. 8101 et
    seq.]; the Civil Service Retirement Act, as amended [5 U.S.C. 8331
    et seq.]; the Act of Congress approved March 7, 1942 (Pub. Law 490,
    Seventy-seventh Congress) or the Act entitled "An Act to provide
    benefits for the injury, disability, death, or detention of
    employees of contractors with the United States and certain other
    persons or reimbursement therefor", approved December 2, 1942
    (Public Law 784, Seventy-seventh Congress) [42 U.S.C. 1701 et
    seq.]. Claims arising under clause (1) hereof shall be enforced in
    the same manner as such claims would be enforced if the seaman were
    employed on a privately owned and operated American vessel. Any
    claim referred to in clause (2) or (3) hereof shall, if
    administratively disallowed in whole or in part, be enforced
    pursuant to the provisions of the Suits in Admiralty Act [46 App.
    U.S.C. 741 et seq.], notwithstanding the vessel on which the seaman
    is employed is not a merchant vessel within the meaning of such Act
    [said sections]. Any claim, right, or cause of action of or in
    respect of any such seaman accruing on or after October 1, 1941,
    and prior to the date of enactment of this section [Mar. 24, 1943]
    may be enforced, and upon the election of the seaman or his
    surviving dependent or beneficiary, or his legal representative to
    do so shall be governed, as if this section had been in effect when
    such claim, right, or cause of action accrued, such election to be
    made in accordance with rules and regulations prescribed by the
    Administrator, War Shipping Administration. Rights of any seaman
    under the Social Security Act [42 U.S.C. 301 et seq.], as amended
    by subsection (b)(2) and (3), and claims therefor shall be governed
    solely by the provisions of such Act, so amended. When used in this
    subsection the term "administratively disallowed" means a denial of
    a written claim in accordance with rules or regulations prescribed
    by the Administrator, War Shipping Administration. When used in
    this subsection the terms "War Shipping Administration" and
    "Administrator, War Shipping Administration" shall be deemed to
    include the United States Maritime Commission with respect to the
    period beginning October 1, 1941, and ending February 11, 1942, and
    the term "seaman" shall be deemed to include any seaman employed as
    an employee of the United States through the War Shipping
    Administration on vessels made available to or subchartered to
    other agencies or departments of the United States.

      (b)(1) Omitted [Amendment of section 1426 of the Internal Revenue
    Code of 1939].
      (2) Omitted [Amendment of section 209 of the Social Security Act,
    as amended (42 U.S.C. 409)].
      (3) Omitted [Amendment of section 907 of the Social Security Act
    Amendments of 1939 (53 Stat. 1402)].
      (c) The War Shipping Administration and its agents or persons
    acting on its behalf or for its account may, for convenience of
    administration, with the approval of the Administrator, make
    payments of any taxes, fees, charges, or exactions to the United
    States or its agencies.

-SOURCE-
    (Mar. 24, 1943, ch. 26, Sec. 1, 57 Stat. 45; Apr. 4, 1944, ch. 161,
    Secs. 1, 2, 58 Stat. 188; Mar. 24, 1945, ch. 36, Sec. 1(a), 59
    Stat. 38.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.
      The United States Employees Compensation Act, as amended,
    referred to in subsec. (a), is act Sept. 7, 1916, ch. 458, 39 Stat.
    742, as amended, which was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 632, and the provisions thereof were
    reenacted by the first section thereof as subchapter I (Sec. 8101
    et seq.) of chapter 81 of Title 5, Government Organization and
    Employees.
      The Civil Service Retirement Act, as amended, referred to in
    subsec. (a), is act May 29, 1930, ch. 349, 46 Stat. 468, as amended
    generally by act July 31, 1956, ch. 804, Sec. 401, 70 Stat. 743,
    which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
    Stat. 632, and reenacted by the first section thereof as subchapter
    III (Sec. 8331 et seq.) of chapter 83 of Title 5.
      The Act of Congress approved March 7, 1942 (Public Law 784,
    Seventy-seventh Congress), referred to in subsec. (a), is act Mar.
    7, 1942, ch. 166, 56 Stat. 143, as amended, popularly known as the
    Missing Persons Act, and was classified to sections 1001 to 1018 of
    this Appendix. The Act was repealed by Pub. L. 89-554, Sept. 6,
    1966, Sec. 8(a), 80 Stat. 632, and reenacted by the first section
    thereof as subchapter VII of chapter 55 of Title 5, Government
    Organization and Employees, and chapter 10 of Title 37, Pay and
    Allowances of the Uniformed Services.
      The Act entitled "An Act to provide benefits for the injury,
    disability, death, or detention of employees of contractors with
    the United States and certain other persons or reimbursement
    therefor", approved December 2, 1942 (Public Law 784, Seventy-
    seventh Congress), 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, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1701 of Title 42 and Tables.
      The Suits in Admiralty Act, referred to in subsec. (a), is act
    Mar. 9, 1920, ch. 95, 41 Stat. 525, as amended, which is classified
    generally to chapter 20 (Sec. 741 et seq.) of Title 46, Appendix,
    Shipping. For complete classification of this Act to the Code, see
    Short Title note set out under section 741 of Title 46, Appendix,
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1945 - Subsec. (b)(1). Act Mar. 24, 1945, inserted last sentence.
      1944 - Subsec. (b)(1), (2). Act Apr. 4, 1944, inserted provisions
    excluding from term employment service performed under contract
    entered into without the United States and during the performance
    of which the vessel does not touch a port in the United States, or
    a vessel documented under the laws of a foreign country and
    bareboat chartered to the War Shipping Administration.

                              EFFECTIVE DATE                          
      Section 1(b) of act Mar. 24, 1945, provided that the amendment
    made by that act shall be effective as if made by section 1 of act
    Mar. 24, 1943.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Shipping Administration terminated as of Sept. 1, 1946, and
    functions, powers, duties, etc., transferred to United States
    Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for
    purpose of liquidating Administration, by act July 8, 1946, ch.
    543, title II, Sec. 202, 60 Stat. 501.
      United States Maritime Commission abolished by Reorg. Plan No. 21
    of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in
    the Appendix to Title 5, Government Organization and Employees,
    which transferred part of its functions and part of functions of
    its Chairman to Federal Maritime Board and Chairman thereof, that
    Board having been created by that Plan as an agency within
    Department of Commerce with an independent status in some respects,
    and transferred remainder of Commission's functions and functions
    of its Chairman to Secretary of Commerce, with power vested in
    Secretary to authorize their performance by Maritime Administrator,
    the head of Maritime Administration, which likewise was established
    by the Plan in Department of Commerce with provision that Chairman
    of Federal Maritime Board should, ex officio, be that
    Administrator.
      Federal Maritime Board, including offices of members of Board,
    abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug.
    12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to
    Title 5, Government Organization and Employees. Functions of Board
    transferred either to Federal Maritime Commission or to Secretary
    of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
      Maritime Administration transferred from Department of Commerce
    to Department of Transportation by Pub. L. 97-31, Aug. 6, 1981, 95
    Stat. 151 (46 App. U.S.C. 1601 et seq.).
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, 80 Stat. 1610,
    effective June 25, 1966, set out in the Appendix to Title 5,
    Government Organization and Employees. Secretary of Health,
    Education, and Welfare redesignated Secretary of Health and Human
    Services by section 3508(b) of Title 20, Education.

-CROSS-
                  VESSEL OPERATIONS UNDER REVOLVING FUND              
      Vessel operations conducted under Vessel Operations Revolving
    Fund, applicability of subsecs. (a) and (c) of this section to, see
    section 1241a of Title 46, Appendix, Shipping.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1292                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
    Sec. 1292. Insurance awards by War Shipping Administrators;
      findings and actions as conclusive

-STATUTE-
      (a) Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.
      (b) Whenever the Administrator, War Shipping Administration,(!1)
    finds that, on or after October 1, 1941, and before thirty days
    after the date of enactment of this subsection [Mar. 24, 1943], a
    master, officer, or member of the crew of, or any persons
    transported on, a vessel owned by or chartered to the Maritime
    Commission, the War Shipping Administration, or the War Department
    (!2) or operated by, or for the account of, or at the direction or
    under the control of the Commission, the Administration, or the War
    Department, has suffered death, injury, detention, or other
    casualty, for which the War Shipping Administration would be
    authorized to provide insurance under Subtitle - Insurance of title
    II of the Merchant Marine Act, 1936, as amended by this Act, the
    Administrator may declare that such death, injury, detention, or
    other casualty, shall be deemed and considered to be covered by
    such insurance at the time of the disaster or accident, if the
    Administrator finds that such action is required to make equitable
    provision for loss or injury related to the war effort and not
    otherwise adequately provided for: Provided, That in making
    provision for insurance under this subsection the Administrator
    shall not provide for payments in excess of those generally
    provided for in comparable cases under insurance hereafter
    furnished under the said Subtitle - Insurance of title II, as
    amended: Provided further, That any money paid to any person by
    reason of insurance provided for under this subsection shall apply
    in pro tanto satisfaction of the claim of such person against the
    United States arising from the same loss or injury. There shall be
    no recovery of any money paid on account of insurance provided for
    the master, officers, or members of the crew of, or individuals
    transported on, any vessel under this subsection or under Subtitle -
     Insurance of title II of the Merchant Marine Act, 1936, as
    amended, from any person who in the judgment of the Administrator,
    War Shipping Administration, is without fault, and when in the
    judgment of the Administrator such recovery would defeat the
    purposes of benefits otherwise authorized or would be against
    equity and good conscience. The declarations, findings, and actions
    of or by the Administrator under this subsection shall be final and
    conclusive.


      (c) The Administrator, War Shipping Administration, is also
    authorized to make payments, in accordance with rate schedules
    provided by the United States Employees' Compensation Act [5 U.S.C.
    8101 et seq.], to a master, officer, or member of the crew of, or
    any persons transported on, a vessel owned by or chartered to the
    Maritime Commission or the War Shipping Administration or operated
    by, or for the account of, or at the direction or under the control
    of the Commission or the Administration, for permanent total or
    partial disability as long as such disability resulting from causes
    related to the war effort whether heretofore or hereafter arising
    exists; such payments to commence if and when insurance benefits
    provided by the War Shipping Administration for such person shall
    have been exhausted.
      (d) The War Shipping Administration shall have the right of
    intervention and a lien and right of recovery in the cases and to
    the extent of any payments paid and payable under this section or
    under Subtitle - Insurance of Title II of the Merchant Marine Act,
    1936, as amended, in the manner provided in the last paragraph of
    subsection (c) of section 105 of the Act approved December 2, 1942
    (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended
    by Public Law 216, 78th Congress, approved December 23, 1943. Any
    amounts recovered under this provision shall be covered into the
    Marine and War-risk insurance fund, War Shipping Administration.

-SOURCE-
    (Mar. 24, 1943, ch. 26, Sec. 2, 57 Stat. 47; Sept. 30, 1944, ch.
    451, 58 Stat. 758; Aug. 8, 1946, ch. 905, 60 Stat. 937; July 25,
    1947, ch. 327, Sec. 1, 61 Stat. 449.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title II of the Merchant Marine Act, 1936, as amended, referred
    to in subsecs. (b) and (d), is title II of act June 29, 1936, ch.
    858, 49 Stat. 1985, as amended, which was classified to sections
    1128 to 1128h of former Title 46, Shipping, and which was repealed
    by act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.
      The United States Employees' Compensation Act, as amended,
    referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat.
    742, as amended, which was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 632, and the provisions thereof were
    reenacted by the first section thereof as subchapter I (Sec. 8101
    et seq.) of chapter 81 of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1947 - Subsec. (a). Act July 25, 1947, repealed subsec. (a) which
    amended section 1128a of former Title 46, Shipping.
      1946 - Subsec. (b). Act Aug. 8, 1946, amended subsec. (b)
    generally, making section applicable to employees of the War
    Department.
      1944 - Subsec. (b). Act Sept. 30, 1944, inserted sentence
    beginning "There shall be no".
      Subsecs. (c), (d). Act Sept. 30, 1944, added subsecs. (c) and
    (d).

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    207(a), (f) of act July 26, 1947, established Department of the Air
    Force, headed by a Secretary, and transferred functions (relating
    to Army Air Forces) of Secretary of the Army and Department of the
    Army to Secretary of the Air Force and Department of the Air Force.
    Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed
    by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.
    Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces",
    which in sections 3010 to 3013 and 8010 to 8013 continued
    Departments of the Army and Air Force under administrative
    supervision of Secretary of the Army and Secretary of the Air
    Force, respectively.


-MISC2-
                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Act Aug. 8, 1946, provided that the amendment made by that Act is
    effective as of Mar. 24, 1943.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Shipping Administration terminated as of Sept. 1, 1946, and
    functions, powers, duties, etc., transferred to United States
    Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for
    purpose of liquidating Administration, by act July 8, 1946, ch.
    543, title II, Sec. 202, 60 Stat. 501.
      Maritime Commission, meaning United States Maritime Commission,
    abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R.
    3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government
    Organization and Employees, which transferred part of its functions
    and part of functions of its Chairman to Federal Maritime Board and
    Chairman thereof, that Board having been created by that Plan as an
    agency within Department of Commerce with an independent status in
    some respects, and transferred remainder of that Commission's
    functions and functions of its Chairman to Secretary of Commerce,
    with power vested in Secretary to authorize their performance by
    Maritime Administrator, the head of Maritime Administration, which
    likewise was established by the Plan in Department of Commerce with
    provision that Chairman of Federal Maritime Board should, ex
    officio, be that Administrator.
      Federal Maritime Board, including offices of members of Board,
    abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug.
    12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to
    Title 5, Government Organization and Employees. Functions of Board
    transferred either to Federal Maritime Commission or to Secretary
    of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
      Maritime Administration transferred from Department of Commerce
    to Department of Transportation by Pub. L. 97-31, Aug. 6, 1981, 95
    Stat. 151 (46 App. U.S.C. 1601 et seq.).

-FOOTNOTE-
    (!1) See Transfer of Functions note below.

    (!2) See Change of Name note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1293                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
    Sec. 1293. Payment of compensation; insurance

-STATUTE-
      (a) Omitted [Amendment of section 1271 of this Appendix].
      (b) Omitted.
      (c) In the event that a vessel the title or use and possession of
    which is requisitioned or taken pursuant to section 902 of the
    Merchant Marine Act, 1936, as amended [46 App. U.S.C. 1242], or the
    Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress)
    [sections 1271 to 1275 of this Appendix], is in the custody of any
    court, State or Federal, it shall be the duty of all agents and
    officers of the court having possession, custody, or control of
    said vessel, forthwith upon the filing with the clerk of said court
    of a certified copy of the order of requisitioning or taking, and
    without further order of the court, to comply with said
    requisitioning or taking and to permit the representatives of the
    United States Maritime Commission or the War Shipping
    Administration,(!1) as the case may be, to take possession,
    custody, and control of said vessel.

      (d) Omitted [Amendment of section 902 of the Merchant Marine Act,
    1936 (46 App. U.S.C. 1242)].
      (e) to (i) Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat.
    449.
      (j) Omitted [Amendment of section 1273 of this Appendix].
      (k) Omitted [Amendment of section 1274 of this Appendix].

-SOURCE-
    (Mar. 24, 1943, ch. 26, Sec. 3, 57 Stat. 48; July 25, 1947, ch.
    327, Sec. 1, 61 Stat. 449.)

-COD-
                               CODIFICATION                           
      Subsec. (b). Act Mar. 24, 1943, dealing with power of War
    Shipping Administrator to determine whether a vessel was required
    by United States, expired with the termination on Sept. 1, 1946, of
    War Shipping Administration, as set forth in note below.
      Subsecs. (e) to (i). Act Mar. 24, 1943, amended sections 1128b to
    1128e and 1128h of former Title 46, Shipping, by providing
    compensation for servicing insurance, placing 5 percent limitation
    on commissions, for action in nature of bill of interpleader
    against interested persons, defining risks of war, and reinsurance
    of insurance companies.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Shipping Administration terminated as of Sept. 1, 1946, and
    functions, powers, duties, etc., transferred to United States
    Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for
    purpose of liquidating Administration, by act July 8, 1946, ch.
    543, title II, Sec. 202, 60 Stat. 501.
      United States Maritime Commission abolished by Reorg. Plan No.
    21, 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out
    in the Appendix to Title 5, Government Organization and Employees,
    which transferred part of its functions and part of functions of
    its Chairman to Federal Maritime Board and Chairman thereof, that
    Board having been created by that Plan as an agency within
    Department of Commerce with an independent status in some respects,
    and transferred remainder of Commission's functions and functions
    of its Chairman to Secretary of Commerce, with power vested in
    Secretary to authorize their performance by Maritime Administrator,
    the head of Maritime Administration, which likewise was established
    by the Plan in Department of Commerce with provision that Chairman
    of Federal Maritime Board should, ex officio, be that
    Administrator.
      Federal Maritime Board, including offices of members of Board,
    abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug.
    12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to
    Title 5, Government Organization and Employees. Functions of Board
    transferred either to Federal Maritime Commission or to Secretary
    of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.
      Maritime Administration transferred from Department of Commerce
    to Department of Transportation by Pub. L. 97-31, Aug. 6, 1981, 95
    Stat. 151 (46 App. U.S.C. 1601 et seq.).

-CROSS-
                  VESSEL OPERATIONS UNDER REVOLVING FUND              
      Vessel operations conducted under Vessel Operations Revolving
    Fund, applicability of subsec. (c) of this section to, see section
    1241a of Title 46, Appendix, Shipping.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1294                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
    Sec. 1294. United States as entitled to all benefits of exemption
      and limitation of liability accorded to owners of vessels

-STATUTE-
      The United States shall, with respect to vessels owned by or
    chartered to the War Shipping Administrator (!1) under bareboat
    charter or time charter or operated directly by such Administrator
    or for his account, be entitled to the benefits of all exemptions
    and of all limitations of liability accorded by law to the owners
    of vessels. With respect to any such vessel, the term "the United
    States" shall include agents or other persons acting for or on
    behalf of the Administrator in connection with the operation
    thereof.


-SOURCE-
    (Mar. 24, 1943, ch. 26, Sec. 4, 57 Stat. 51.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      War Shipping Administration terminated as of Sept. 1, 1946, and
    functions, powers, duties, etc., transferred to United States
    Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for
    purpose of liquidating Administration, by act July 8, 1946, ch.
    543, title II, Sec. 202, 60 Stat. 501.

-CROSS-
                  VESSEL OPERATIONS UNDER REVOLVING FUND              
      Vessel operations conducted under Vessel Operations Revolving
    Fund, applicability of this section to, see section 1241a of Title
    46, Appendix, Shipping.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1295                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

-HEAD-
    Sec. 1295. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 24, 1943, ch. 26, Sec. 5, 57 Stat. 51, which
    provided that section 1291(a) of this Appendix should remain in
    force until termination of sections 601 to 605 of this Appendix by
    section 621 of this Appendix, was omitted in view of termination on
    Sept. 1, 1946, of War Shipping Administration.

-End-


-CITE-
    50 USC APPENDIX ACT APR. 29, 1943, CH. 81, 57
      STAT. 69                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT APR. 29, 1943, CH. 81, 57 STAT. 69

-HEAD-
                  ACT APR. 29, 1943, CH. 81, 57 STAT. 69              

-End-



-CITE-
    50 USC APPENDIX Secs. 1301 to 1305                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT APR. 29, 1943, CH. 81, 57 STAT. 69

-HEAD-
    Secs. 1301 to 1305. Repealed. Aug. 13, 1954, ch. 725, Sec. 1(a), 68
      Stat. 701

-MISC1-
      Section 1301, acts Apr. 29, 1943, ch. 81, Sec. 1, 57 Stat. 69;
    May 18, 1944, ch. 199, Sec. 1, 58 Stat. 223, related to return of
    fishing vessels, vessels of 100 tons or less and Great Lakes
    vessels to private owners.
      Section 1302, acts Apr. 29, 1943, ch. 81, Sec. 2, 57 Stat. 69;
    May 18, 1944, ch. 199, Sec. 2, 58 Stat. 223, related to
    determination of availability of vessels mentioned in section 1301
    of this Appendix, repayment of compensation to United States.
      Section 1303, acts Apr. 29, 1943, ch. 81, Sec. 3, 57 Stat. 69;
    May 18, 1944, ch. 199, Sec. 3, 58 Stat. 244; Aug. 10, 1946, ch.
    948, 60 Stat. 976, related to failure or waiver of return rights,
    sale of vessels.
      Section 1304, acts Apr. 29, 1943, ch. 81, Sec. 4, 57 Stat. 70;
    May 18, 1944, ch. 199, Sec. 4, 58 Stat. 224, related to payment of
    expenses incurred by War Shipping Administration in return or sale
    of vessels.
      Section 1305, act Apr. 29, 1943, ch. 81, Sec. 5, as added Aug.
    10, 1946, ch. 948, 60 Stat. 976, related to vessels for exclusive
    disposal to veterans.

                             SAVINGS PROVISION                         
      See section 1(b) of act Aug. 13, 1954, set out as a note under
    sections 1306 to 1308 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 10, 1946, CH. 949, 60
      STAT. 977                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT AUG. 10, 1946, CH. 949, 60 STAT. 977

-HEAD-
                 ACT AUG. 10, 1946, CH. 949, 60 STAT. 977             

-End-



-CITE-
    50 USC APPENDIX Secs. 1306 to 1308                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT AUG. 10, 1946, CH. 949, 60 STAT. 977

-HEAD-
    Secs. 1306 to 1308. Repealed. Aug. 13, 1954, ch. 725, Sec. 1(b), 68
      Stat. 701

-MISC1-
      Section 1306, act Aug. 10, 1946, ch. 949, Sec. 1, 60 Stat. 977,
    related to sale of surplus vessels for fishing.
      Section 1307, act Aug. 10, 1946, ch. 949, Sec. 2, 60 Stat. 977,
    related to definitions of terms used in sections 1306 to 1308 of
    this Appendix and rights of former owners.
      Section 1308, act Aug. 10, 1946, ch. 949, Sec. 3, 60 Stat. 977,
    related to terms of sale of vessels and other methods of disposal.

                             SAVINGS PROVISION                         
      Section 1(b) of act Aug. 13, 1954, provided in part that:
    "Notwithstanding the enactment of this joint resolution, the
    aforesaid statutory provisions shall apply to any vessels which
    prior to such enactment [Aug. 13, 1954] have been declared
    available for return to former owners by notice to the Department
    of Commerce under the Act of April 29, 1943, as amended [sections
    1301 to 1305 of this Appendix], or determined to be surplus for
    sale to former owners of fishing vessels in accordance with the Act
    of August 10, 1946 (Public Law 717, Seventy-ninth Congress)
    [sections 1306 to 1308 of this Appendix]. Any other vessels which,
    but for the enactment of this joint resolution, would be disposed
    of in accordance with any of the aforesaid statutory provisions,
    shall be disposed of in accordance with the provisions of other
    existing laws."

-End-


-CITE-
    50 USC APPENDIX ACT JULY 9, 1943, CH. 212, 57
      STAT. 391                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JULY 9, 1943, CH. 212, 57 STAT. 391

-HEAD-
                  ACT JULY 9, 1943, CH. 212, 57 STAT. 391              

-End-



-CITE-
    50 USC APPENDIX Secs. 1311, 1312                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NATIONAL EMERGENCY AND WAR SHIPPING ACTS
    ACT JULY 9, 1943, CH. 212, 57 STAT. 391

-HEAD-
    Secs. 1311, 1312. Omitted

-COD-
                               CODIFICATION                           
      Section 1311, act July 9, 1943, ch. 212, Sec. 1, 57 Stat. 391,
    which created penalty for violation of regulations or orders
    relating to protection of vessels, harbors, ports, or waterways,
    terminated pursuant to section 1312 of this Appendix.
      Section 1312, act July 9, 1943, ch. 212, Sec. 2, 57 Stat. 391,
    provided for the termination of sections 1311 and 1312 of this
    Appendix six months after the cessation of hostilities, which was
    proclaimed by Proc. No. 2714, eff. Dec. 31, 1946, 12 F.R. 1.

-End-


-CITE-
    50 USC APPENDIX FARM LABOR SUPPLY APPROPRIATION
      ACT, 1944                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FARM LABOR SUPPLY APPROPRIATION ACT, 1944

-HEAD-
                 FARM LABOR SUPPLY APPROPRIATION ACT, 1944             

-End-


-CITE-
    50 USC APPENDIX ACT FEB. 14, 1944, CH. 16, 58
      STAT. 11                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FARM LABOR SUPPLY APPROPRIATION ACT, 1944
    ACT FEB. 14, 1944, CH. 16, 58 STAT. 11

-HEAD-
                  ACT FEB. 14, 1944, CH. 16, 58 STAT. 11              

-End-



-CITE-
    50 USC APPENDIX Secs. 1351 to 1355                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FARM LABOR SUPPLY APPROPRIATION ACT, 1944
    ACT FEB. 14, 1944, CH. 16, 58 STAT. 11

-HEAD-
    Secs. 1351 to 1355. Omitted

-COD-
                               CODIFICATION                           
      Sections 1351 to 1355 were omitted as terminating Jan. 30, 1948,
    pursuant to act May 26, 1947, ch. 82, title I, Sec. 101, 61 Stat.
    109, set out as an Extension and Liquidation of Program note below.
      Section 1351, act Feb. 14, 1944, ch. 16, title I, Sec. 1, 58
    Stat. 11, appropriated money to provide adequate supply of
    agricultural workers during World War II.
      Section 1352, act Feb. 14, 1944, ch. 16, title I, Sec. 2, 58
    Stat. 12, related to payments to the various States to assist in
    supplying an adequate number of agricultural workers during World
    War II.
      Section 1353, act Feb. 14, 1944, ch. 16, title I, Sec. 3, 58
    Stat. 12, related to expenditures by the Administrator of Food
    Production and Distribution.
      Section 1354, act Feb. 14, 1944, ch. 16, title I, Sec. 4, 58
    Stat. 14, related to limitations on use of funds.
      Section 1355, acts Feb. 14, 1944, ch. 16, title I, Sec. 5, 58
    Stat. 14; Apr. 1, 1944, ch. 152, title I, 58 Stat. 157; Apr. 25,
    1945, ch. 95, title I, 59 Stat. 80; June 30, 1947, ch. 165, 61
    Stat. 202, related to miscellaneous provisions for implementing
    sections 1351 to 1355 of this Appendix.


-MISC1-
                             PRIOR PROVISIONS                         
      Sections 1351 to 1355 are from act Feb. 14, 1944, ch. 16, title
    I, Secs. 1-5, 58 Stat. 11-14, known as the Farm Labor Supply
    Appropriation Act, 1944. Similar provisions were contained in act
    Apr. 29, 1943, ch. 82, Secs. 1-5, 57 Stat. 70, as amended June 9,
    1943, ch. 119, 57 Stat. 125; Dec. 23, 1943, ch. 381, Sec. 1, 57
    Stat. 643. Section 3 of act Apr. 29, 1943, was repealed by Pub. L.
    89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651.

                           ANNUAL APPROPRIATIONS                       
      Additional funds were authorized to be merged with available
    funds as follows:
      $3,000,000 - Act May 26, 1947, ch. 82, title I, 61 Stat. 109.
      $12,000,000 - Act July 23, 1946, ch. 591, title I, 60 Stat. 617.
      $25,000,000 - Act Dec. 28, 1945, ch. 589, title I, 59 Stat. 645.
      $20,000,000 - Act Dec. 22, 1944, ch. 660, title I, 58 Stat. 862.

                   EXTENSION AND LIQUIDATION OF PROGRAM               
      Acts May 26, 1947, ch. 82, title I, 61 Stat. 109; Apr. 28, 1947,
    ch. 43, 61 Stat. 55; Aug. 9, 1946, ch. 934, 60 Stat. 617, provided
    in part that the funds as provided and supplemented for carrying
    out the purposes of sections 1351 to 1355 of this Appendix were
    continued available until Jan. 30, 1948, which allowed for a six
    months extension and final liquidation of the program.

-End-


-CITE-
    50 USC APPENDIX WAR OVERTIME PAY ACT OF 1943                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR OVERTIME PAY ACT OF 1943

-HEAD-
                       WAR OVERTIME PAY ACT OF 1943                   

-End-


-CITE-
    50 USC APPENDIX ACT MAY 7, 1943, CH. 93, 57
      STAT. 75                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR OVERTIME PAY ACT OF 1943
    ACT MAY 7, 1943, CH. 93, 57 STAT. 75

-HEAD-
                   ACT MAY 7, 1943, CH. 93, 57 STAT. 75               

-End-



-CITE-
    50 USC APPENDIX Secs. 1401 to 1415                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR OVERTIME PAY ACT OF 1943
    ACT MAY 7, 1943, CH. 93, 57 STAT. 75

-HEAD-
    Secs. 1401 to 1415. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 651, 652

-MISC1-
      Section 1401, act May 7, 1943, ch. 93, Sec. 1, 57 Stat. 75,
    related to officers and employees subject to sections 1401 to 1415
    of this Appendix.
      Section 1402, act May 7, 1943, ch. 93, Sec. 2, 57 Stat. 76,
    related to computation of overtime compensation.
      Section 1403, acts May 7, 1943, ch. 93, Sec. 3, 57 Stat. 76;
    Sept. 30, 1944, ch. 450, 58 Stat. 758, related to additional
    officers and employees subject to sections 1401 to 1415 of this
    Appendix.
      Section 1404, act May 7, 1943, ch. 93, Sec. 4, 57 Stat. 77,
    related to Senate official reporters and employees subject to
    sections 1401 to 1415 of this Appendix.
      Section 1405, act May 7, 1943, ch. 93, Sec. 5, 57 Stat. 77,
    related to repeal of certain wage overtime provisions.
      Section 1406, act May 7, 1943, ch. 93, Sec. 6, 57 Stat. 77,
    related to suspension of the Saturday half-holiday rule.
      Section 1407, act May 7, 1943, ch. 93, Sec. 7, 57 Stat. 77,
    related to construction of other laws with sections 1401 to 1415 of
    this Appendix.
      Section 1408, act May 7, 1943, ch. 93, Sec. 8, 57 Stat. 77,
    related to adjustment of gross inequities in pay differentials.
      Section 1409, act May 7, 1943, ch. 93, Sec. 9, 57 Stat. 77,
    related to administrative rules and regulations.
      Section 1410, act May 7, 1943, ch. 93, Sec. 10, 57 Stat. 77,
    related to change of salaries and number of legislative employees.
      Section 1411, act May 7, 1943, ch. 93, Sec. 11, 57 Stat. 78,
    related to report on the number of employees required in executive
    branch departments.
      Section 1412, act May 7, 1943, ch. 93, Sec. 12, 57 Stat. 78,
    related to overtime or additional compensation as part of annual
    income.
      Section 1413, act May 7, 1943, ch. 93, Sec. 13, 57 Stat. 78,
    related to certain employees of the Army Engineering Corps and the
    Coast and Geodetic Survey as subject to sections 1401 to 1415 of
    this Appendix.
      Section 1414, act May 7, 1943, ch. 93, Sec. 14, 57 Stat. 78,
    related to effective and termination dates of sections 1401 to 1415
    of this Appendix.
      Section 1415, act May 7, 1943, ch. 93, Sec. 15, 57 Stat. 78,
    provided that sections 1401 to 1415 of this Appendix were to be
    cited as the War Overtime Pay Act of 1943.

                          WAIVER OF RESTRICTIONS                      
      Act Apr. 1, 1944, ch. 152, title II, Sec. 202, 58 Stat. 176,
    related to waiver of restrictions in appropriations limiting
    amounts payable for personal services to meet cost of overtime and
    additional compensation authorized by sections 1401 to 1415 of this
    Appendix.

                   BASIC RATE FOR OVERTIME COMPENSATION               
      Act Apr. 1, 1944, ch. 152, title II, Sec. 203, 58 Stat. 176,
    provided that the basic rate for overtime compensation should be
    one and one-half times basic rate for work performed in excess of
    forty hours per week.

-End-


-CITE-
    50 USC APPENDIX TRAINING OF NURSES THROUGH
      GRANTS TO INSTITUTIONS                               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRAINING OF NURSES THROUGH GRANTS TO INSTITUTIONS

-HEAD-
             TRAINING OF NURSES THROUGH GRANTS TO INSTITUTIONS         

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 15, 1943, CH. 126, 57
      STAT. 153                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRAINING OF NURSES THROUGH GRANTS TO INSTITUTIONS
    ACT JUNE 15, 1943, CH. 126, 57 STAT. 153

-HEAD-
                 ACT JUNE 15, 1943, CH. 126, 57 STAT. 153             

-End-



-CITE-
    50 USC APPENDIX Secs. 1451 to 1462                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TRAINING OF NURSES THROUGH GRANTS TO INSTITUTIONS
    ACT JUNE 15, 1943, CH. 126, 57 STAT. 153

-HEAD-
    Secs. 1451 to 1462. Omitted

-COD-
                               CODIFICATION                           
      Sections 1451 to 1462 were omitted as terminating Dec. 31, 1946,
    pursuant to section 1460 of this Appendix.
      Section 1451, act June 15, 1943, ch. 126, Sec. 1, 57 Stat. 153,
    authorized appropriations to assure supply of nurses for armed
    forces and other needs during World War II.
      Section 1452, act June 15, 1943, ch. 126, Sec. 2, 57 Stat. 153,
    related to approval of submitted plans for training nurses.
      Section 1453, act June 15, 1943, ch. 126, Sec. 3, 57 Stat. 154,
    related to payments to institutions with approved training plans.
      Section 1454, act June 15, 1943, ch. 126, Sec. 4, 57 Stat. 154,
    related to recruitment of nurses.
      Section 1455, act June 15, 1943, ch. 126, Sec. 5, 57 Stat. 155,
    related to conclusiveness of determinations under sections 1453 and
    1454 of this Appendix.
      Section 1456, act June 15, 1943, ch. 126, Sec. 6, 57 Stat. 155,
    related to computation of payments under sections 1453 and 1454 of
    this Appendix.
      Section 1457, acts June 15, 1943, ch. 126, Sec. 7, 57 Stat. 155;
    Mar. 4, 1944, ch. 83, 58 Stat. 112, related to insignia for student
    nurses.
      Section 1458, act June 15, 1943, ch. 126, Sec. 8, 57 Stat. 155,
    related to prohibitions of discrimination against particular
    institutions.
      Section 1459, act June 15, 1943, ch. 126, Sec. 9, 57 Stat. 155,
    authorized issuance of rules and regulations and established an
    advisory committee to aid in such issuance. Section was repealed by
    Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651.
      Section 1460, act June 15, 1943, ch. 126, Sec. 10, 57 Stat. 155,
    related to effective and termination dates of sections 1451 to 1462
    of this Appendix and provided that said sections were to terminate
    upon the proclamation of the cessation of hostilities of World War
    II, which was proclaimed Dec. 31, 1946, by Proc. No. 2714, eff.
    Dec. 31, 1946, 12 F.R. 1, set out preceding section 1 of this
    Appendix.
      Section 1461, act June 15, 1943, ch. 126, Sec. 11, as added Mar.
    4, 1944, ch. 83, 58 Stat. 112, related to transfer of student
    nurses.
      Section 1462, act June 15, 1943, ch. 126, Sec. 12, as added Mar.
    4, 1944, ch. 83, 58 Stat. 112, related to the designation of nurse
    insignia and uniforms.


-MISC1-
                       TERMINATION OF APPROPRIATIONS                   
      Section 803 of the Labor-Federal Security Appropriation Act of
    1946, act July 3, 1945, ch. 263, 59 Stat. 383, provided that no
    part of any appropriation for training of defense workers contained
    in said act should be available for obligation longer than 60 days
    after cessation of hostilities of World War II, which was
    proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No.
    2714, eff. Dec. 31, 1946, 12 F.R. 1, set out preceding section 1 of
    this Appendix.

                         MERGER OF APPROPRIATIONS                     
      The Federal Security Agency Appropriation Act, 1948, act July 8,
    1947, ch. 210, title II, 61 Stat. 270, provided in part that the
    appropriation contained therein for the training of nurses under
    sections 1451 to 1462 of this Appendix was available for transfer
    and consolidation with the appropriations of St. Elizabeths and
    Freedmen's Hospitals to cover cost of items furnished to student
    nurses in training.
      Similar provisions were contained in the following acts:
      July 26, 1946, ch. 672, title II, 60 Stat. 692.
      July 3, 1945, ch. 263, title II, 59 Stat. 370.
      June 28, 1944, ch. 302, title II, 58 Stat. 557.
      Apr. 1, 1944, ch. 152, title I, 58 Stat. 152.

-End-


-CITE-
    50 USC APPENDIX CIVILIAN REEMPLOYMENT OF MEMBERS
      OF MERCHANT MARINE                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN REEMPLOYMENT OF MEMBERS OF MERCHANT MARINE

-HEAD-
            CIVILIAN REEMPLOYMENT OF MEMBERS OF MERCHANT MARINE        

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 23, 1943, CH. 142, 57
      STAT. 162                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN REEMPLOYMENT OF MEMBERS OF MERCHANT MARINE
    ACT JUNE 23, 1943, CH. 142, 57 STAT. 162

-HEAD-
                 ACT JUNE 23, 1943, CH. 142, 57 STAT. 162             

-End-



-CITE-
    50 USC APPENDIX Secs. 1471 to 1475                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVILIAN REEMPLOYMENT OF MEMBERS OF MERCHANT MARINE
    ACT JUNE 23, 1943, CH. 142, 57 STAT. 162

-HEAD-
    Secs. 1471 to 1475. Repealed. July 24, 1956, ch. 671, Sec. 5(a)(3),
      70 Stat. 606

-MISC1-
      Section 1471, acts June 23, 1943, ch. 142, Sec. 1, 57 Stat. 162;
    Aug. 8, 1946, ch. 867, 60 Stat. 905; Aug. 8, 1946, ch. 912, 60
    Stat. 945, authorized a certificate of service for service in
    merchant marine after May 1, 1940, and before the termination of
    the national emergency (July 25, 1947).
      Section 1472, acts June 23, 1943, ch. 142, Sec. 2, 57 Stat. 162;
    Aug. 8, 1946, ch. 867, 60 Stat. 906, related to restoration of
    members of merchant marine to civilian employment.
      Section 1473, acts June 23, 1943, ch. 142, Sec. 3, 57 Stat. 162;
    Aug. 8, 1946, ch. 867, 60 Stat. 907, related to proceedings to
    compel employer compliance with section 1472 of this Appendix.
      Section 1474, acts June 23, 1943, ch. 142, Sec. 4, 57 Stat. 163;
    Aug. 8, 1946, ch. 867, 60 Stat. 907, related to additional
    compensation to certain members of merchant marine.
      Section 1475, acts June 23, 1943, ch. 142, Sec. 5, 57 Stat. 163;
    Aug. 8, 1946, ch. 867, 60 Stat. 907, related to issuance of rules
    and regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1954, see section 5(a) of act July 24,
    1956.

              REPLACEMENT OF AWARDS, MEDALS, AND DECORATIONS          
      For replacement of awards, medals, and decorations, see section
    2004(c) of Title 46, Appendix, Shipping.

-End-


-CITE-
    50 USC APPENDIX WAR LABOR DISPUTES ACT                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR LABOR DISPUTES ACT

-HEAD-
                          WAR LABOR DISPUTES ACT                      

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 25, 1943, CH. 144, 57
      STAT. 163                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR LABOR DISPUTES ACT
    ACT JUNE 25, 1943, CH. 144, 57 STAT. 163

-HEAD-
                 ACT JUNE 25, 1943, CH. 144, 57 STAT. 163             

-End-



-CITE-
    50 USC APPENDIX Secs. 1501 to 1511                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR LABOR DISPUTES ACT
    ACT JUNE 25, 1943, CH. 144, 57 STAT. 163

-HEAD-
    Secs. 1501 to 1511. Omitted

-COD-
                               CODIFICATION                           
      Sections 1501 to 1511 were omitted as terminating six months
    after Dec. 31, 1946, under the terms of section 510 of this
    Appendix, pursuant to the proclamation of the cessation of
    hostilities of World War II by Proc. No. 2714, eff. Dec. 31, 1946,
    12. F.R. 1, set out preceding section 1 of this Appendix.
      Section 1501, act June 25, 1943, ch. 144, Sec. 1, 57 Stat. 163,
    provided that sections 1501 to 1511 of this Appendix were to be
    known as the War Labor Disputes Act.
      Section 1502, act June 25, 1943, ch. 144, Sec. 2, 57 Stat. 164,
    defined terms for purposes of sections 1501 to 1511 of this
    Appendix.
      Section 1503, act June 25, 1943, ch. 144, Sec. 3, 57 Stat. 164,
    amended section 309 of this Appendix and related to power of
    President to take possession of certain manufacturing facilities.
      Section 1504, act June 25, 1943, ch. 144, Sec. 4, 57 Stat. 165,
    related to terms of employment at government operated plants.
      Section 1505, act June 25, 1943, ch. 144, Sec. 5, 57 Stat. 165,
    related to applications to War Labor Board for changes in terms of
    employment at government operated plants.
      Section 1506, act June 25, 1943, ch. 144, Sec. 6, 57 Stat. 165,
    related to interference with government operation of plants.
      Section 1507, act June 25, 1943, ch. 144, Sec. 7, 57 Stat. 166,
    related to functions and duties of National War Labor Board.
      Section 1508, act June 25, 1943, ch. 144, Sec. 8, 57 Stat. 167,
    related to notice of threatened interruptions in war production.
      Section 1509, act June 25, 1943, ch. 144, Sec. 9, 57 Stat. 167,
    related to political contributions by labor organizations. Section
    1509 was also repealed by act June 25, 1948, ch. 645, Sec. 21, 62
    Stat. 862.
      Section 1510, act June 25, 1943, ch. 144, Sec. 10, 57 Stat. 168,
    provided that sections 1501 to 1511 of this Appendix were to cease
    to be effective, six months after Dec. 31, 1946, the date on which
    the cessation of hostilities of World War II was proclaimed by
    Proc. No. 2714, eff. Dec. 31, 1946, 12 F.R. 1, set out preceding
    section 1 of this Appendix.
      Section 1511, act June 25, 1943, ch. 144, Sec. 11, 57 Stat. 168,
    contained separability provisions.


-MISC1-
                         EFFECTIVE DATE OF REPEAL                     
      Repeal of section 1509 effective Sept. 1, 1948, see section 38 of
    act June 25, 1948, set out as an Effective Date note preceding
    section 1 of Title 28, Judiciary and Judicial Procedure.

-End-


-CITE-
    50 USC APPENDIX VOLUNTARY ENLISTMENTS IN REGULAR
      MILITARY ESTABLISHMENT                               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VOLUNTARY ENLISTMENTS IN REGULAR MILITARY ESTABLISHMENT

-HEAD-
          VOLUNTARY ENLISTMENTS IN REGULAR MILITARY ESTABLISHMENT      

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 1, 1945, CH. 168, 59
      STAT. 230                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VOLUNTARY ENLISTMENTS IN REGULAR MILITARY ESTABLISHMENT
    ACT JUNE 1, 1945, CH. 168, 59 STAT. 230

-HEAD-
                  ACT JUNE 1, 1945, CH. 168, 59 STAT. 230              

-End-



-CITE-
    50 USC APPENDIX Secs. 1531 to 1534                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VOLUNTARY ENLISTMENTS IN REGULAR MILITARY ESTABLISHMENT
    ACT JUNE 1, 1945, CH. 168, 59 STAT. 230

-HEAD-
    Secs. 1531 to 1534. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A
      Stat. 641

-MISC1-
      Section 1531, acts June 1, 1945, ch. 168, Sec. 1, 59 Stat. 230;
    Oct. 6, 1945, ch. 393, Sec. 3(a), 59 Stat. 538, related to
    enlistments and reenlistments in the Regular Army.
      Section 1532, act June 1, 1945, ch. 168, Sec. 2, as added Oct. 6,
    1945, ch. 393, Sec. 3(a), 59 Stat. 539, related to regulations.
      Section 1533, act June 1, 1945, ch. 168, Sec. 3, as added Oct. 6,
    1945, ch. 393, Sec. 3(a), 59 Stat. 539, relating to termination of
    authority to accept enlistments, terminated on June 30, 1947, by
    its own terms.
      Section 1534, act June 1, 1945, ch. 168, Sec. 4, as added Oct. 6,
    1945, ch. 393, Sec. 3(a), 59 Stat. 539, related to promotion after
    six months service in seventh grade.

-End-


-CITE-
    50 USC APPENDIX WOMEN'S ARMY CORPS                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WOMEN'S ARMY CORPS

-HEAD-
                            WOMEN'S ARMY CORPS                        

-End-


-CITE-
    50 USC APPENDIX ACT JULY 1, 1943, CH. 187, 57
      STAT. 371                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WOMEN'S ARMY CORPS
    ACT JULY 1, 1943, CH. 187, 57 STAT. 371

-HEAD-
                  ACT JULY 1, 1943, CH. 187, 57 STAT. 371              

-End-



-CITE-
    50 USC APPENDIX Secs. 1551 to 1555                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WOMEN'S ARMY CORPS
    ACT JULY 1, 1943, CH. 187, 57 STAT. 371

-HEAD-
    Secs. 1551 to 1555. Repealed. July 25, 1947, ch. 327, Sec. 2a, 61
      Stat. 451

-MISC1-
      Section 1551, act July 1, 1943, ch. 187, Sec. 1, 57 Stat. 371,
    related to establishment and duration of Women's Army Corps.
      Section 1552, act July 1, 1943, ch. 187, Sec. 2, 57 Stat. 371,
    related to qualifications for membership.
      Section 1553, act July 1, 1943, ch. 187, Sec. 3, 57 Stat. 371,
    related to officers in the Corps.
      Section 1554, act July 1, 1943, ch. 187, Sec. 4, 57 Stat. 371,
    related to Corps' uniforms, insignia, accessories and equipment.
      Section 1555, act July 1, 1943, ch. 187, Sec. 5, 57 Stat. 371,
    repealed certain prior provisions.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal was to be effective July 1, 1948, but section 110 of act
    June 12, 1948, ch. 449, title I, 62 Stat. 363, provided in part
    that the effective date of repeal be postponed until June 12, 1949.

-End-


-CITE-
    50 USC APPENDIX UNITED NATIONS RELIEF AND
      REHABILITATION ADMINISTRATION                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION

-HEAD-
          UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION      

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 28, 1944, CH. 135, 58
      STAT. 122                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION
    ACT MAR. 28, 1944, CH. 135, 58 STAT. 122

-HEAD-
                 ACT MAR. 28, 1944, CH. 135, 58 STAT. 122             

-End-



-CITE-
    50 USC APPENDIX Secs. 1571 to 1578                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION
    ACT MAR. 28, 1944, CH. 135, 58 STAT. 122

-HEAD-
    Secs. 1571 to 1578. Omitted

-COD-
                               CODIFICATION                           
      Sections 1571 to 1578 were omitted as terminating on June 30,
    1947, pursuant to section 9 of Act Mar. 28, 1944, set out as a
    Termination Date note below.
      Section 1571, acts Mar. 28, 1944, ch. 135, Sec. 1, 58 Stat. 122;
    Dec. 18, 1945, ch. 580, 59 Stat. 612, authorized appropriations for
    purposes of sections 1571 to 1578 of this Appendix.
      Section 1572, act Mar. 28, 1944, ch. 135, Sec. 2, 58 Stat. 127,
    related to disbursements under Presidential direction.
      Section 1573, act Mar. 28, 1944, ch. 135, Sec. 3, 58 Stat. 127,
    related to extent of rehabilitation.
      Section 1574, act Mar. 28, 1944, ch. 135, Sec. 4, 58 Stat. 127,
    related to area included for relief.
      Section 1575, act Mar. 28, 1944, ch. 135, Sec. 5, 58 Stat. 128,
    related to need for Congressional approval for new applications.
      Section 1576, act Mar. 28, 1944, ch. 135, Sec. 6, 58 Stat. 128,
    related to approval of contributions by Congress.
      Section 1577, act Mar. 28, 1944, ch. 135, Sec. 7, 58 Stat. 128,
    related to extent of rehabilitation.
      Section 1578, acts Mar. 28, 1944, ch. 135, Sec. 8, 58 Stat. 128;
    Dec. 18, 1945, ch. 580, 59 Stat. 612, related to limitation on
    contracts and obligations.


-MISC1-
                             TERMINATION DATE                         
      Section 9 of act Mar. 28, 1944, as amended by act Dec. 18, 1945,
    provided that the authorizations contained in sections 1571 to 1578
    were to expire on June 30, 1947.

                          OFFICERS AND EMPLOYEES                      
      Act June 30, 1944, ch. 324, title II, Sec. 201, 58 Stat. 629,
    provided in part for retention of all rights and privileges by
    officers and employees detailed to the Administration.

                         ADDITIONAL APPROPRIATIONS                     
      Act Dec. 14, 1945, ch. 577, 59 Stat. 609, appropriated
    $550,000,000 to the Administration to be available during fiscal
    year 1946.

                         LIQUIDATION EXPENDITURES                     
      Act July 8, 1947, ch. 209, 61 Stat. 260, appropriated not to
    exceed $2,370,000 for the liquidation expenses of the
    Administration.

-End-


-CITE-
    50 USC APPENDIX TEMPORARY APPOINTMENTS OF ARMY
      NURSE CORPS MEMBERS, ETC., AS OFFICERS OF
      ARMY OF UNITED STATES                                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS OF ARMY NURSE CORPS MEMBERS, ETC., AS
      OFFICERS OF ARMY OF UNITED STATES                       

-HEAD-
       TEMPORARY APPOINTMENTS OF ARMY NURSE CORPS MEMBERS, ETC., AS
                     OFFICERS OF ARMY OF UNITED STATES

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 22, 1944, CH. 272, 58
      STAT. 324                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS OF ARMY NURSE CORPS MEMBERS, ETC., AS
      OFFICERS OF ARMY OF UNITED STATES                       
    ACT JUNE 22, 1944, CH. 272, 58 STAT. 324

-HEAD-
                 ACT JUNE 22, 1944, CH. 272, 58 STAT. 324             

-End-



-CITE-
    50 USC APPENDIX Secs. 1591 to 1598                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    TEMPORARY APPOINTMENTS OF ARMY NURSE CORPS MEMBERS, ETC., AS
      OFFICERS OF ARMY OF UNITED STATES                       
    ACT JUNE 22, 1944, CH. 272, 58 STAT. 324

-HEAD-
    Secs. 1591 to 1598. Repealed. Pub. L. 99-145, title XIII, Sec.
      1301(e)(1), Nov. 8, 1985, 99 Stat. 737

-MISC1-
      Section 1591, act June 22, 1944, ch. 272, Sec. 1, 58 Stat. 324,
    related to temporary appointments as officers in the Army of the
    United States under the provisions of act Sept. 22, 1941, ch. 414,
    55 Stat. 728, of members of the Army Nurse Corps, females qualified
    for appointment in such Corps, female dietetic and physical-therapy
    personnel of the Army Medical Department, and females qualified for
    appointment in such Department as female dietetic or physical-
    therapy personnel.
      Section 1592, act June 22, 1944, ch. 272, Sec. 2, 58 Stat. 325,
    provided that persons appointed as officers in the United States
    Army under section 1591 of this Appendix, and their dependents and
    beneficiaries, have all rights, privileges, and benefits accorded
    in like cases to persons appointed under act Sept. 22, 1941.
      Section 1593, act June 22, 1944, ch. 272, Sec. 3, 58 Stat. 325,
    related to retirement of persons appointed under section 1591 of
    this Appendix, and retirement for disability of Army Nurse Corps
    members between Dec. 7, 1941, and June 22, 1944, or of any female
    dietitian or physical-therapy aide between Jan. 12, 1943, and June
    22, 1944.
      Section 1594, act June 22, 1944, ch. 272, Sec. 4, 58 Stat. 325,
    related to computation of years of service of Army Nurse Corps
    members appointed under section 1591 of this Appendix.
      Section 1595, act June 22, 1944, ch. 272, Sec. 5, 58 Stat. 325,
    related to computation of years of service of female dietetic and
    physical-therapy personnel appointed under section 1591 of this
    Appendix, and included service rendered under Act December 22,
    1942, ch. 805, 56 Stat. 1072.
      Section 1596, act June 22, 1944, ch. 272, Sec. 6, 58 Stat. 325,
    related to uniform allowances and issues for women appointed as
    officers in the Army of the United States under section 1591 of
    this Appendix.
      Section 1597, act June 22, 1944, ch. 272, Sec. 7, 58 Stat. 326,
    related to blanket order appointments by the President of persons
    described in section 1591 of this Appendix, acceptance or
    declination of such appointments, and oaths of office.
      Section 1598, act June 22, 1944, ch. 272, Sec. 8, 58 Stat. 326,
    related to award of mileage allowances to women appointed in the
    Army Nurse Corps, female dietitians and physical-therapy aides
    appointed in the Army Medical Department, and women appointed from
    civilian life under section 1591 of this Appendix in the same
    amount as for persons appointed under act Sept. 22, 1941, ch. 414,
    55 Stat. 728.

          PERSON APPOINTED AND ASSIGNED UNDER FORMER SECTION 1591      
      Section 1301(e)(2) of Pub. L. 99-145 provided that: "The repeal
    made by paragraph (1) [repealing sections 1591 to 1598 of this
    Appendix] shall not apply in the case of any person appointed and
    assigned under the first section of the Act [section 1591 of this
    Appendix] repealed by such paragraph, as such Act was in effect on
    the day before the date of the enactment of this Act [Nov. 8,
    1985]."

-End-


-CITE-
    50 USC APPENDIX DISPOSAL OF MATERIALS ON PUBLIC
      LANDS                                                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
                   DISPOSAL OF MATERIALS ON PUBLIC LANDS               

-End-


-CITE-
    50 USC APPENDIX ACT SEPT. 27, 1944, CH. 416, 58
      STAT. 745                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF MATERIALS ON PUBLIC LANDS
    ACT SEPT. 27, 1944, CH. 416, 58 STAT. 745

-HEAD-
                 ACT SEPT. 27, 1944, CH. 416, 58 STAT. 745             

-End-



-CITE-
    50 USC APPENDIX Secs. 1601 to 1603                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF MATERIALS ON PUBLIC LANDS
    ACT SEPT. 27, 1944, CH. 416, 58 STAT. 745

-HEAD-
    Secs. 1601 to 1603. Omitted

-COD-
                               CODIFICATION                           
      Sections 1601 to 1603 were omitted as terminated pursuant to
    section 1603 of this Appendix.
      Section 1601, act Sept. 27, 1944, ch. 416, Sec. 1, 58 Stat. 745,
    related to rules and regulations governing disposal of materials on
    public lands.
      Section 1602, act Sept. 27, 1944, ch. 416, Sec. 2, 58 Stat. 745,
    related to disposition of moneys received from sale of materials.
      Section 1603, act Sept. 27, 1944, ch. 416, Sec. 3, 58 Stat. 745,
    provided for termination of sections 1601 to 1603 of this Appendix
    on the cessation of hostilities of World War II as determined by
    Presidential proclamation or congressional resolution. Proc. No.
    2714, eff. Dec. 31, 1946, 12 F.R. 1, provided for the cessation of
    hostilities of World War II and is set out preceding section 1 of
    this Appendix.
      For similar provisions, see sections 601 to 604 of Title 30,
    Mineral Lands and Mining.

-End-


-CITE-
    50 USC APPENDIX SURPLUS PROPERTY ACT OF 1944                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944

-HEAD-
                       SURPLUS PROPERTY ACT OF 1944                   

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 3, 1944, CH. 479, 58
      STAT. 765                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
                  ACT OCT. 3, 1944, CH. 479, 58 STAT. 765              

-MISC1-
    Sec.                                                     
    1611 to 1621a. Repealed or Transferred.                           
    1622.       Disposal to local governments and nonprofit
                 institutions.                                        
                  (a)  to (c) Repealed.                               
                  (d)  Power transmission lines.                      
                  (e)  to (g) Repealed.                               
    1622a to 1646. Repealed or Omitted.                               

-End-



-CITE-
    50 USC APPENDIX Secs. 1611 to 1614                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1611 to 1614. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1611, act Oct. 3, 1944, ch. 479, Sec. 2, 58 Stat. 766,
    related to declaration of general objectives.
      Section 1612, acts Oct. 3, 1944, ch. 479, Sec. 3, 58 Stat. 768;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    definitions.
      Section 1613, act Oct. 3, 1944, ch. 479, Sec. 4, 58 Stat. 768,
    related to a general rule regarding disposition of surplus
    property.
      Section 1614, act Oct. 3, 1944, ch. 479, Sec. 5, 58 Stat. 768,
    related to establishment of Surplus Property Board.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Secs. 1614a, 1614b                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1614a, 1614b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 653

-MISC1-
      Section 1614a, act Sept. 18, 1945, ch. 368, Sec. 1, 59 Stat. 533,
    related to establishment of Surplus Property Administration.
      Section 1614b, act Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533,
    related to abolishment of Surplus Property Board.

-End-



-CITE-
    50 USC APPENDIX Secs. 1615 to 1621                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1615 to 1621. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1615, acts Oct. 3, 1944, ch. 479, Sec. 6, 58 Stat. 768;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to duties
    and authority of Surplus Property Administrator.
      Section 1616, acts Oct. 3, 1944, ch. 479, Sec. 7, 58 Stat. 768;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to Surplus
    Property Administrator's cooperation with other government
    agencies.
      Section 1617, acts Oct. 3, 1944, ch. 479, Sec. 8, 58 Stat. 768;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    delegation of authority by other government agencies.
      Section 1618, acts Oct. 3, 1944, ch. 479, Sec. 9, 58 Stat. 769;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to issuance
    of regulations by Surplus Property Administrator.
      Section 1619, acts Oct. 3, 1944, ch. 479, Sec. 10, 58 Stat. 769;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533; Aug. 1, 1946, ch.
    723, Sec. 1, 60 Stat. 754, related to designation of disposal
    agencies.
      Section 1620, acts Oct. 3, 1944, ch. 479, Sec. 11, 58 Stat. 769;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    declaration and disposition of surplus property.
      Section 1621, acts Oct. 3, 1944, ch. 479, Sec. 12, 58 Stat. 770;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533; May 3, 1946, ch.
    248, Secs. 2-4, 60 Stat. 168, related to utilization of surplus
    property by Federal agencies.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Sec. 1621a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1621a. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 29, 1948, ch. 719, Sec. 4, 62 Stat. 1100,
    relating to the utilization of surplus property by Federal Prisons
    Industries, Incorporated, is set out as a note under section 4122
    of Title 18, Crimes and Criminal Procedure.

-End-



-CITE-
    50 USC APPENDIX Sec. 1622                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1622. Disposal to local governments and nonprofit institutions

-STATUTE-
    (a) to (c) Repealed. June 30, 1949, ch. 288, title VI, Sec.
      602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,
      renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583
    (d) Power transmission lines
      Whenever any State or political subdivision thereof, or any State
    or Government agency or instrumentality certifies to the
    Administrator of General Services that any power transmission line
    determined to be surplus property under the provisions of this Act
    [sections 1611 to 1646 of this Appendix] is needful for or
    adaptable to the requirements of any public or cooperative power
    project, such line and the right-of-way acquired for its
    construction shall not be sold, leased for more than one year, or
    otherwise disposed of, except as provided in section 12 (!1)
    [section 1621 of this Appendix] or this section, unless
    specifically authorized by Act of Congress.

    (e), (f) Repealed. June 30, 1949, ch. 288, title VI, Sec.
      602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,
      renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583
    (g) Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
      1379

-SOURCE-
    (Oct. 3, 1944, ch. 479, Sec. 13, 58 Stat. 770; Sept. 18, 1945, ch.
    368, Sec. 2, 59 Stat. 533; May 3, 1946, ch. 248, Sec. 5, 60 Stat.
    169; 1947 Reorg. Plan No. 1, Sec. 501, eff. July 1, 1947, 12 F.R.
    4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10,
    1948, ch. 433, Secs. 1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62
    Stat. 1103; June 30, 1949, ch. 288, title I, Sec. 105, title VI,
    Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 381,
    399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
    583; amended Oct. 1, 1949, ch. 589, Secs. 1, 5, 63 Stat. 701; Pub.
    L. 85-726, title XIV, Sec. 1402(c), Aug. 23, 1958, 72 Stat. 807;
    Pub. L. 87-90, July 20, 1961, 75 Stat. 211; Pub. L. 91-258, title
    I, Sec. 52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91-485, Sec.
    5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92-362, Sec. 2, Aug. 4,
    1972, 86 Stat. 504; Pub. L. 97-248, title V, Sec. 524(c), Sept. 3,
    1982, 96 Stat. 696; Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
    Stat. 1379.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 12, referred to in subsec. (d), is section 12 of act Oct.
    3, 1944, ch. 479, which was classified to section 1621 of this
    Appendix prior to repeal by act June 30, 1949, ch. 288, title VI,
    Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,
    renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (g). Pub. L. 103-272 struck out subsec. (g) which
    provided for conveyance or disposal of surplus real or personal
    property to States, political subdivisions, municipalities, or tax-
    supported institutions for development, improvement, operation, or
    maintenance of public airports. See sections 47151 to 47153 of
    Title 49, Transportation.
      1982 - Subsec. (g)(1). Pub. L. 97-248 substituted "Airport and
    Airway Improvement Act of 1982" for "Airport and Airway Development
    Act of 1970".
      1972 - Subsec. (h). Pub. L. 92-362 repealed subsec. (h) which
    related to conveyance of surplus lands to local government
    agencies, determined to be historic monuments, without monetary
    consideration and for reversion to United States when purposes of
    conveyance were unfulfilled.
      1970 - Subsec. (g)(1). Pub. L. 91-258 substituted "Airport and
    Airway Development Act of 1970" for "Federal Airport Act (60 Stat.
    170)".
      Subsec. (h)(1). Pub. L. 91-485, Sec. 5(1), limited the conveyance
    of surplus land for use as a historic monument by striking out
    public park and public recreational area.
      Subsec. (h)(2). Pub. L. 91-485, Sec. 5(2), struck out provisions
    relating to the price adjustment of conveyances for park or
    recreational purposes.
      1961 - Subsec. (h)(2). Pub. L. 87-90 substituted "its historical
    significance relates to a period of time within the fifty years
    immediately preceding the determination of suitability and
    desirability for such use" for "it was acquired by the United
    States at any time subsequent to January 1, 1900".
      1958 - Subsec. (g). Pub. L. 85-726 substituted "Administrator of
    the Federal Aviation Agency" for "Administrator of Civil
    Aeronautics" in six places.
      1949 - Subsecs. (a) to (c), (e), (f). Act June 30, 1949, eff.
    July 1, 1949, repealed subsecs. (a) to (c), (e), and (f).
      Subsec. (g)(2)(A). Act Oct. 1, 1949, Sec. 1, struck out
    "Provided, That no structures disposed of hereunder shall be used
    as an industrial plant, factory or similar facility within the
    meaning of section 23 of this Act, unless the public agency
    receiving title to such structures shall pay to the United States
    such sum as the Administrator shall determine to be fair
    consideration for the removal of the restrictions imposed by this
    proviso."
      Subsec. (g)(4). Act Oct. 1, 1949, Sec. 5, repealed par. (4) which
    related to sole responsibility of Administrator for determining and
    enforcing compliance with the terms, conditions, reservations, and
    restrictions upon or subject to which surplus property is disposed
    of pursuant to this subsection.
      1948 - Subsec. (a)(3). Act June 29, 1948, made available without
    charge, except for reimbursement of disposal expenses, to local
    governments who maintain a civilian unit, certain surplus property.
      Subsec. (f). Act June 10, 1948, Sec. 2, gave State and local
    governments a higher priority than the Reconstruction Finance
    Corporation with regard to certain properties.
      Subsec. (h). Act June 10, 1948, Sec. 1, added subsec. (h).
      1947 - Subsec. (c). Act July 30, 1947, Sec. 1, struck out
    reference to airport.
      Subsec. (g). Act July 30, 1947, Sec. 2, added subsec. (g).
      1946 - Subsec. (f). Act May 3, 1946, substituted provisions
    relating to priorities for disposal of surplus property to the
    United States for provisions relating to property donated by the
    American Red Cross.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
    523(b) of Pub. L. 97-248.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-726 effective on 60th day following date
    on which Administrator of Federal Aviation Agency first appointed
    under Pub. L. 85-726 qualifies and takes office, see section
    1505(2) of Pub. L. 85-726. Administrator appointed, qualified, and
    took office on Oct. 31, 1958.

                     EFFECTIVE DATE OF 1949 AMENDMENT                 
      Amendment by act June 30, 1949, effective July 1, 1949, with
    priorities and preferences for surplus real estate continued until
    Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections
    502(a)(1) and 505, of act June 30, 1949.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Reference to Administrator of General Services substituted in
    subsec. (d) for reference to War Assets Administrator on authority
    of section 105 of act June 30, 1949, in view of transfer of
    functions, records, property, etc., of War Assets Administration to
    General Services Administration and abolition of War Assets
    Administration. Previously, reference to War Assets Administrator
    was substituted in subsec. (d) for reference to Surplus Property
    Administrator on authority of Reorg. Plan No. 1, 1947, Sec. 501,
    eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952, which was later
    repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),
    formerly title V, Sec. 502(a)(1), 63 Stat. 399, renumbered Sept. 5,
    1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Previously, reference
    to Surplus Property Administrator was substituted in subsec. (d)
    for reference to Surplus Property Board on authority of section 2
    of act Sept. 18, 1945, in view of transfer of functions of Surplus
    Property Board to Surplus Property Administrator and abolition of
    Surplus Property Board.


-MISC2-
                        SURPLUS ATHLETIC EQUIPMENT                    
      Act June 16, 1948, ch. 478, 62 Stat. 458, provided for disposal
    of surplus athletic equipment to State, public and government
    institutions, and private charitable and nonprofit organizations
    for use in sports by the youth of the country, prior to repeal by
    act Oct. 31, 1951, ch. 654, Sec. 1(128), 65 Stat. 706.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Secs. 1622a to 1622c                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1622a to 1622c. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 1622a, acts Oct. 1, 1949, ch. 589, Sec. 2, 63 Stat. 700;
    Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1402(c), 72 Stat.
    807, provided for extinguishment of restrictions on use of
    structures in disposal of surplus airport property.
      Section 1622b, acts Oct. 1, 1949, ch. 589, Sec. 3, 63 Stat. 700;
    Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1402(c), 72 Stat.
    807, related to terms and conditions of disposal instruments. See
    section 47151 of Title 49, Transportation.
      Section 1622c, acts Oct. 1, 1949, ch. 589, Sec. 4, 63 Stat. 700;
    Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1402(c), 72 Stat.
    807, related to granting of releases from terms and conditions of
    disposal instruments and terms and conditions of releases. See
    section 47153 of Title 49, Transportation.

-End-



-CITE-
    50 USC APPENDIX Secs. 1623 to 1630                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1623 to 1630. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1623, acts Oct. 3, 1944, ch. 479, Sec. 14, 58 Stat. 772;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533; July 23, 1946, ch.
    590, 60 Stat. 599, related to disposition of property by any owning
    agency.
      Section 1624, acts Oct. 3, 1944, ch. 479, Sec. 15, 58 Stat. 772;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to methods
    of disposition of property by government agencies.
      Section 1625, acts Oct. 3, 1944, ch. 479, Sec. 16, 58 Stat. 773;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533; May 3, 1946, ch.
    248, Sec. 1, 60 Stat. 168, related to disposition of surplus
    property to veterans.
      Section 1626, acts Oct. 3, 1944, ch. 479, Sec. 17, 58 Stat. 773;
    Ex. Ord. No. 9577, eff. June 30, 1945, 10 F.R. 8087; Sept. 18,
    1945, ch. 368, Sec. 2, 59 Stat. 533; Reorg. Plan No. 3 of 1946,
    Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, related
    to disposition of surplus property in rural areas.
      Section 1627, acts Oct. 3, 1944, ch. 479, Sec. 18, 58 Stat. 773;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533; May 3, 1946, ch.
    248, Sec. 6, 60 Stat. 169; June 10, 1948, ch. 433, Sec. 3, 62 Stat.
    351, related to disposition of surplus property to small
    businesses.
      Section 1628, acts Oct. 3, 1944, ch. 479, Sec. 19, 58 Stat. 774;
    Oct. 22, 1945, ch. 432, 59 Stat. 546, related to disposition of
    surplus plants.
      Section 1629, acts Oct. 3, 1944, ch. 479, Sec. 20, 59 Stat. 775;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    applicability of antitrust laws to disposition of surplus property.
      Section 1630, acts Oct. 3, 1944, ch. 479, Sec. 21, 58 Stat. 775;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    formulation of policies for disposal of surplus agricultural
    commodities.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Sec. 1631                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1631. Repealed. June 7, 1939, ch. 190, Sec. 6(e), as added
      July 23, 1946, ch. 590, 60 Stat. 599

-MISC1-
      Section, act Oct. 3, 1944, ch. 479, Sec. 22, 58 Stat. 776,
    related to stock piling of surplus materials. See section 98 et
    seq. of Title 50, War and National Defense.

-End-



-CITE-
    50 USC APPENDIX Sec. 1632                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1632. Repealed. June 30, 1949, ch. 288, title VI, Sec.
      602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section, acts Oct. 3, 1944, ch. 479, Sec. 23, 58 Stat. 777; Sept.
    18, 1945, ch. 368, Sec. 2, 59 Stat. 533; Aug. 7, 1946, ch. 790,
    Secs. 1, 2, 60 Stat. 886, related to disposal of surplus real
    property.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Secs. 1632a, 1632b                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1632a, 1632b. Omitted

-COD-
                               CODIFICATION                           
      Section 1632a, act Apr. 24, 1948, ch. 230, Sec. 1, 62 Stat. 199,
    authorizing transfer of surplus real property to Department of the
    Interior, expired July 1, 1952, under the provisions of section
    1632b of this Appendix.
      Section 1632b, act Apr. 24, 1948, ch. 230, Sec. 2, 62 Stat. 199,
    subjecting any surplus real property transferred to Department of
    the Interior to all laws and regulations applicable to area with
    which it is consolidated, was omitted, the authorization to make
    such transfers having expired by its own terms on July 1, 1952.

-End-



-CITE-
    50 USC APPENDIX Secs. 1633 to 1636                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1633 to 1636. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1633, acts Oct. 3, 1944, ch. 479, Sec. 24, 58 Stat. 780;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to a report
    concerning disposition of surplus property.
      Section 1634, act Oct. 3, 1944, ch. 479, Sec. 25, 58 Stat. 780,
    related to conclusiveness of purchaser's title to property received
    from government agencies.
      Section 1635, act Oct. 3, 1944, ch. 479, Sec. 26, 58 Stat. 780,
    related to civil remedies for fraudulent acts with respect to
    disposition of surplus property.
      Section 1636, act Oct. 3, 1944, ch. 479, Sec. 27, 58 Stat. 781,
    related to the limitation on the practice of law, etc., by former
    employees in matters involving the disposition of surplus property.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Sec. 1637                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1637. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-
      Section, act Oct. 3, 1944, ch. 479, Sec. 28, 58 Stat. 781,
    related to an amendment of section 590a of former Title 18,
    Criminal Code and Criminal Procedure. See section 3287 of Title 18,
    Crimes and Criminal Procedure.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 1, 1948, see section 20 of act June 25,
    1948.

-End-



-CITE-
    50 USC APPENDIX Secs. 1638 to 1640                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1638 to 1640. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1638, acts Oct. 3, 1944, ch. 479, Sec. 29, 58 Stat. 781;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    competitive bidding with regard to surplus property disposals.
      Section 1639, acts Oct. 3, 1944, ch. 479, Sec. 30, 58 Stat. 781;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    disposition of proceeds from transfer or or disposition of surplus
    property.
      Section 1640, act Oct. 3, 1944, ch. 479, Sec. 31, 58 Stat. 782,
    related to use of appropriated funds for the care and handling of
    surplus property pending its disposition.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-



-CITE-
    50 USC APPENDIX Sec. 1641                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Sec. 1641. Repealed. Pub. L. 87-256, Sec. 111(a)(1), Sept. 21,
      1961, 75 Stat. 538

-MISC1-
      Section, acts Oct. 3, 1944, ch. 479, Sec. 32, 58 Stat. 782; Sept.
    18, 1945, ch. 368, Sec. 2, 59 Stat. 533; Aug. 1, 1946, ch. 723,
    Sec. 2, 60 Stat. 754; June 30, 1949, ch. 288, title VI, Sec.
    602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,
    renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583;
    June 20, 1952, ch. 449, Sec. 11, 66 Stat. 151; Aug. 26, 1954, ch.
    937, title V, Sec. 544(d), as added July 18, 1956, ch. 627, Sec.
    11(a), 70 Stat. 563, and amended Aug. 14, 1957, Pub. L. 85-141,
    Sec. 11(b)(1), 71 Stat. 365; Aug. 17, 1961, Pub. L. 87-153, 75
    Stat. 390, related to use of foreign currencies, foreign
    scholarships, and establishment of Board of Foreign Scholarships.
    See section 2451 et seq. of Title 22, Foreign Relations and
    Intercourse.

           CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,
      DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER
                                  ACTIONS
      Continuation in full force and effect, and applicability to the
    appropriate provisions of the Mutual Educational and Cultural
    Exchange Act of 1961, section 2451 et seq. of Title 22, Foreign
    Relations and Intercourse, until modified or superseded by
    appropriate authority, of all Executive orders, agreements,
    determinations, regulations, contracts, appointments, and other
    actions issued, concluded, or taken under authority of this
    section, see section 111(b) of Pub. L. 87-256, set out as a note
    under section 2451 of Title 22.

-End-



-CITE-
    50 USC APPENDIX Secs. 1642 to 1646                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SURPLUS PROPERTY ACT OF 1944
    ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

-HEAD-
    Secs. 1642 to 1646. Repealed. June 30, 1949, ch. 288, title VI,
      Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399;
      renumbered title VI, Sec. 602(a)(1), Sept. 5, 1950, ch. 849, Sec.
      6(a), (b), 64 Stat. 583

-MISC1-
      Section 1642, act Oct. 3, 1944, ch. 479, Sec. 33, 58 Stat. 782;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    restrictions on importation of surplus property into the United
    States.
      Section 1643, acts Oct. 3, 1944, ch. 479, Sec. 34, 58 Stat. 783;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to savings
    provisions.
      Section 1644, acts Oct. 3, 1944, ch. 479, Sec. 35, 58 Stat. 783;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to temporary
    applicability of existing procedures with regard to surplus
    property.
      Section 1645, acts Oct. 3, 1944, ch. 479, Sec. 36, 58 Stat. 783;
    Sept. 18, 1945, ch. 368, Sec. 2, 59 Stat. 533, related to
    disposition and removal of termination inventories from plants of
    war contractors.
      Section 1646, act Oct. 3, 1944, ch. 479, Sec. 37, 58 Stat. 784,
    related to an amendment and effective date with regard to section
    968 of this Appendix.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1949, with priorities and preferences
    for surplus real estate continued until Dec. 31, 1949, see sections
    602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June
    30, 1949.

-End-


-CITE-
    50 USC APPENDIX WAR MOBILIZATION AND
      RECONVERSION ACT OF 1944                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944

-HEAD-
               WAR MOBILIZATION AND RECONVERSION ACT OF 1944           

-End-


-CITE-
    50 USC APPENDIX ACT OCT. 3, 1944, CH. 480, 58
      STAT. 785                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
                  ACT OCT. 3, 1944, CH. 480, 58 STAT. 785              

-End-



-CITE-
    50 USC APPENDIX Secs. 1651, 1652                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
    Secs. 1651, 1652. Omitted

-COD-
                               CODIFICATION                           
      Sections 1651 and 1652 were omitted as terminated on June 30,
    1947, pursuant to section 603 of act Oct. 3, 1944, set out as a
    Termination Date note below, and were subsequently repealed by Pub.
    L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.
      Section 1651, act Oct. 3, 1944, ch. 480, title I, Sec. 101, 58
    Stat. 785, related to establishment of Office of War Mobilization
    and Reconversion.
      Section 1652, act Oct. 3, 1944, ch. 480, title I, Sec. 102, 58
    Stat. 786, related to creation of an advisory board.


-MISC1-
                                SHORT TITLE                            
      Act Oct. 3, 1944, ch. 480, title VI, Sec. 607, 58 Stat. 792,
    provided that sections 1651, 1652, 1656 to 1663, 1666, 1667, 1671,
    and 1676 to 1678 of this Appendix be cited as the "War Mobilization
    and Reconversion Act of 1944".

                             TERMINATION DATE                         
      Act Oct. 3, 1944, ch. 480, title VI, Sec. 603, 58 Stat. 792,
    provided that the provisions of sections 1651, 1652, 1656 to 1663,
    1671, and 1676 to 1678 of this Appendix terminate on June 30, 1947.

                            SEPARABILITY CLAUSE                        
      Act Oct. 4, 1944, ch. 480, title VI, Sec. 604, 58 Stat. 792,
    provided that if any provision of sections 1651, 1652, 1656 to
    1663, 1666, 1667, 1671, and 1676 to 1678 of this Appendix, or the
    application of such provision to any person or circumstance, is
    held invalid, the remainder of such sections or the application of
    such provision to persons or circumstances, other than those as to
    which it is held invalid, shall not be affected thereby.

                               APPROPRIATION                           
      Act Oct. 3, 1944, ch. 480, title VI, Sec. 602, 58 Stat. 792,
    authorized to be appropriated such sums as might be necessary or
    appropriate to carry out the purposes and provisions of act Oct. 3,
    1944.

-End-



-CITE-
    50 USC APPENDIX Secs. 1656 to 1663                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
    Secs. 1656 to 1663. Omitted

-COD-
                               CODIFICATION                           
      Sections 1656 to 1663 were omitted as terminated on June 30,
    1947, pursuant to section 603 of act Oct. 3, 1944, set out as a
    Termination Date note under former section 1652 of this Appendix.
      Section 1656, act Oct. 3, 1944, ch. 480, title II, Sec. 201, 58
    Stat. 787, related to a prohibition of indefinite military service.
      Section 1657, act Oct. 3, 1944, ch. 480, title II, Sec. 202, 58
    Stat. 787, related to termination of prime war contracts.
      Section 1658, act Oct. 3, 1944, ch. 480, title II, Sec. 203, 58
    Stat. 787, related to integration of termination of war contracts
    with resumption of civilian production.
      Section 1659, act Oct. 3, 1944, ch. 480, title II, Sec. 204, 58
    Stat. 788, related to small plant participation in civilian
    production.
      Section 1660, act Oct. 3, 1944, ch. 480, title II, Sec. 205, 58
    Stat. 788, related to surveys by Attorney General.
      Section 1661, act Oct. 3, 1944, ch. 480, title III, Sec. 301, 58
    Stat. 788, related to establishment of a Retraining and
    Reemployment Administration, and was subsequently repealed by Pub.
    L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.
      Section 1662, act Oct. 3, 1944, ch. 480, title III, Sec. 302, 58
    Stat. 789, related to functions of Retraining and Reemployment
    Administration.
      Section 1663, act Oct. 3, 1944, ch. 480, title III, Sec. 303, 58
    Stat. 789, related to employment of Assistant Administrators,
    officers and employees, and was subsequently repealed by Pub. L. 89-
    554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.

-End-



-CITE-
    50 USC APPENDIX Secs. 1666, 1667                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
    Secs. 1666, 1667. Omitted

-COD-
                               CODIFICATION                           
      Section 1666, act Oct. 3, 1944, ch. 480, title IV, Sec. 401, 58
    Stat. 789; Reorg. Plan. No. 2 of 1946, Sec. 4, eff. July 16, 1946,
    11 F.R. 7873, 60 Stat. 1095, consisted of provisions amending
    section 1104 of Title 42, The Public Health and Welfare.
      Section 1667, act Oct. 3, 1944, ch. 480, title IV, Sec. 402, 58
    Stat. 790; Reorg. Plan No. 2 of 1946, Sec. 4, eff. July 16, 1946,
    11 F.R. 7873, 60 Stat. 1095, consisted of provisions enacting
    section 1321 of Title 42, The Public Health and Welfare.

-End-



-CITE-
    50 USC APPENDIX Sec. 1671                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
    Sec. 1671. Omitted

-COD-
                               CODIFICATION                           
      Section, act Oct. 3, 1944, ch. 480, title V, Sec. 501, 58 Stat.
    791, which related to advance provision by States and other
    agencies for construction of public works, terminated on June 30,
    1947, pursuant to section 603 of act Oct. 4, 1944, set out as a
    Termination Date note under section 1652 of this Appendix.


-MISC1-
                              REVOLVING FUND                          
      Establishment of revolving fund under which to account for assets
    and liabilities in connection with loans or advances made pursuant
    to section 1671 of this Appendix, see section 1701g-5 of Title 12,
    Banks and Banking, and References in Text note thereunder.

-End-



-CITE-
    50 USC APPENDIX Secs. 1676 to 1678                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WAR MOBILIZATION AND RECONVERSION ACT OF 1944
    ACT OCT. 3, 1944, CH. 480, 58 STAT. 785

-HEAD-
    Secs. 1676 to 1678. Omitted

-COD-
                               CODIFICATION                           
      Sections 1676 to 1678 were omitted as terminated on June 30,
    1947, pursuant to section 603 of act Oct. 3, 1944, set out as a
    Termination Date note under former section 1652 of this Appendix.
      Section 1676, act Oct. 3, 1944, ch. 480, title VI, Sec. 601, 58
    Stat. 791, defined "executive agency" and "contracting agency".
      Section 1677, act Oct. 3, 1944, ch. 480, title VI, Sec. 605, 58
    Stat. 792, related to disbandment and transfer of functions of
    certain offices, boards, etc.
      Section 1678, act Oct. 3, 1944, ch. 480, title VI, Sec. 606, 58
    Stat. 792, provided for a saving clause.

-End-


-CITE-
    50 USC APPENDIX FLEET ADMIRAL OF NAVY AND
      GENERAL OF ARMY                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FLEET ADMIRAL OF NAVY AND GENERAL OF ARMY

-HEAD-
                 FLEET ADMIRAL OF NAVY AND GENERAL OF ARMY             

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 14, 1944, CH. 580, 58
      STAT. 802                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FLEET ADMIRAL OF NAVY AND GENERAL OF ARMY
    ACT DEC. 14, 1944, CH. 580, 58 STAT. 802

-HEAD-
                 ACT DEC. 14, 1944, CH. 580, 58 STAT. 802             

-End-



-CITE-
    50 USC APPENDIX Secs. 1691 to 1697                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    FLEET ADMIRAL OF NAVY AND GENERAL OF ARMY
    ACT DEC. 14, 1944, CH. 580, 58 STAT. 802

-HEAD-
    Secs. 1691 to 1697. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A
      Stat. 641, 674

-MISC1-
      Section 1691, act Dec. 14, 1944, ch. 580, Sec. 1, 58 Stat. 802,
    established Fleet Admiral of United States Navy as highest grade in
    Navy with provision for appointment of four on active list at any
    one time.
      Section 1692, act Dec. 14, 1944, ch. 580, Sec. 2, 58 Stat. 802,
    established General of the Army as highest grade in Army with
    provision for appointment of four on active list at any one time.
      Section 1693, act Dec. 14, 1944, ch. 580, Sec. 3, 58 Stat. 802,
    related to appointment without examination, tenure, effect on
    permanent or temporary status, appointment and reversion of retired
    officers.
      Section 1694, act Dec. 14, 1944, ch. 580, Sec. 4, 58 Stat. 803,
    related to pay and allowances of appointees under sections 1691 to
    1697 of this Appendix.
      Section 1695, act Dec. 14, 1944, ch. 580, Sec. 5, 58 Stat. 803,
    related to rank and pay on retirement of appointees under sections
    1691 to 1697 of this Appendix.
      Section 1696, act Dec. 14, 1944, ch. 580, Sec. 6, 58 Stat. 803,
    related to rank and precedence of appointees under sections 1691 to
    1697 of this Appendix according to date of appointment.
      Section 1697, act Dec. 14, 1944, ch. 580, Sec. 7, 58 Stat. 803,
    left unaffected by sections 1691 to 1697 of this Appendix, any
    other law relating to office of General of the Armies of the United
    States.

-End-


-CITE-
    50 USC APPENDIX DISPOSAL OF CENSORED MAIL                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF CENSORED MAIL

-HEAD-
                         DISPOSAL OF CENSORED MAIL                     

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 22, 1944, CH. 673, 58
      STAT. 913                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF CENSORED MAIL
    ACT DEC. 22, 1944, CH. 673, 58 STAT. 913

-HEAD-
                 ACT DEC. 22, 1944, CH. 673, 58 STAT. 913             

-End-



-CITE-
    50 USC APPENDIX Sec. 1701                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF CENSORED MAIL
    ACT DEC. 22, 1944, CH. 673, 58 STAT. 913

-HEAD-
    Sec. 1701. Omitted

-COD-
                               CODIFICATION                           
      Section, act Dec. 22, 1944, ch. 673, Sec. 1, 58 Stat. 913,
    relating to disposal of censored mail, expired six months after
    termination of hostilities in World War II, which was proclaimed at
    12 o'clock noon on Dec. 31, 1946 by Proc. No. 2714, Dec. 31, 1946,
    12 F.R. 1, set out preceding section 1 of this Appendix, pursuant
    to section 2 of act Dec. 22, 1944.

-End-


-CITE-
    50 USC APPENDIX DISBURSING OFFICERS' ADDITIONAL
      FUNCTIONS                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISBURSING OFFICERS' ADDITIONAL FUNCTIONS

-HEAD-
                 DISBURSING OFFICERS' ADDITIONAL FUNCTIONS             

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 23, 1944, CH. 716, 58
      STAT. 921                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISBURSING OFFICERS' ADDITIONAL FUNCTIONS
    ACT DEC. 23, 1944, CH. 716, 58 STAT. 921

-HEAD-
                 ACT DEC. 23, 1944, CH. 716, 58 STAT. 921             

-End-



-CITE-
    50 USC APPENDIX Secs. 1705 to 1707                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISBURSING OFFICERS' ADDITIONAL FUNCTIONS
    ACT DEC. 23, 1944, CH. 716, 58 STAT. 921

-HEAD-
    Secs. 1705 to 1707. Transferred

-COD-
                               CODIFICATION                           
      Sections 1705 to 1707, acts Dec. 23, 1944, ch. 716, Secs. 1, 2,
    58 Stat. 921; June 16, 1953, ch. 115, 67 Stat. 62, were transferred
    to sections 492a to 492c, respectively, of former Title 31, Money
    and Finance, and subsequently repealed by section 5(b) of Pub. L.
    97-258, Sept. 13, 1982, 96 Stat. 1076, the first section of which
    enacted Title 31. See section 3342 of Title 31.
      Section 1705 related to check cashing and exchange transactions
    authorized for official and accommodation purposes.
      Section 1706 related to coverage into Treasury of any gains
    realized from the operations conducted pursuant to sections 1705 to
    1707 of this Appendix.
      Section 1707 related to the issuance of regulation by Secretary
    of the Treasury to carry out purposes of sections 1705 to 1707 of
    this Appendix.

-End-


-CITE-
    50 USC APPENDIX GENERAL OF MARINE CORPS                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    GENERAL OF MARINE CORPS

-HEAD-
                          GENERAL OF MARINE CORPS                      

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 21, 1945, CH. 29, 59
      STAT. 36                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    GENERAL OF MARINE CORPS
    ACT MAR. 21, 1945, CH. 29, 59 STAT. 36

-HEAD-
                  ACT MAR. 21, 1945, CH. 29, 59 STAT. 36              

-End-



-CITE-
    50 USC APPENDIX Secs. 1711 to 1715                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    GENERAL OF MARINE CORPS
    ACT MAR. 21, 1945, CH. 29, 59 STAT. 36

-HEAD-
    Secs. 1711 to 1715. Omitted

-COD-
                               CODIFICATION                           
      Sections 1711 to 1715 were omitted as terminated pursuant to
    section 1715 of this Appendix.
      Section 1711, act Mar. 21, 1945, ch. 29, Sec. 1, 59 Stat. 36,
    established grade and rank of General of Marine Corps and provided
    for appointment of Commandant of Marine Corps thereto.
      Section 1712, act Mar. 21, 1945, ch. 29, Sec. 2, 59 Stat. 36,
    related to appointment without examination, tenure and effect on
    permanent or temporary status.
      Section 1713, act Mar. 21, 1945, ch. 29, Sec. 3, 59 Stat. 36,
    related to pay and allowances of appointees under sections 1711 to
    1715 of this Appendix.
      Section 1714, act Mar. 21, 1945, ch. 29, Sec. 4, 59 Stat. 36,
    related to rank and pay on retirement of appointees under sections
    1711 to 1715 of this Appendix.
      Section 1715, act Mar. 21, 1945, ch. 29, Sec. 5, 59 Stat. 37,
    provided for the termination of sections 1711 to 1715 of this
    Appendix six months after the termination of the wars in which the
    United States was engaged as proclaimed by the President or such
    earlier date as Congress, by concurrent resolution, might fix.
    Cessation of hostilities of World War II, eff. twelve o'clock noon,
    Dec. 31, 1946, was proclaimed by the President in Proc. No. 2714,
    Dec. 31, 1946, 12 F.R. 1. The Treaty of Peace with Japan, signed at
    San Francisco on Sept. 8, 1951, was ratified by the United States
    Senate on Mar. 20, 1952 and came into force on Apr. 28, 1952. See
    Termination of State of War notes set out preceding section 1 of
    this Appendix.


-MISC1-
                           PERMANENT APPOINTMENT                       
      Section 2 of act Mar. 23, 1946, ch. 112, 60 Stat. 60, provided
    for permanent appointment in grade of General in Regular Marine
    Corps of General Alexander A. Vandegrift. Section also provided for
    full pay upon retirement.

-End-


-CITE-
    50 USC APPENDIX ADMIRAL IN COAST GUARD                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMIRAL IN COAST GUARD

-HEAD-
                          ADMIRAL IN COAST GUARD                      

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 21, 1945, CH. 30, 59
      STAT. 37                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMIRAL IN COAST GUARD
    ACT MAR. 21, 1945, CH. 30, 59 STAT. 37

-HEAD-
                  ACT MAR. 21, 1945, CH. 30, 59 STAT. 37              

-End-



-CITE-
    50 USC APPENDIX Secs. 1721 to 1725                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMIRAL IN COAST GUARD
    ACT MAR. 21, 1945, CH. 30, 59 STAT. 37

-HEAD-
    Secs. 1721 to 1725. Repealed. Pub. L. 101-225, title III, Sec.
      307(15), Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section 1721, act Mar. 21, 1945, ch. 30, Sec. 1, 59 Stat. 37,
    established grade and rank of Admiral in Coast Guard and provided
    for appointment of Commandant of Coast Guard thereto.
      Section 1722, act Mar. 21, 1945, ch. 30, Sec. 2, 59 Stat. 37,
    related to appointment without examination, tenure and effect on
    permanent or temporary status.
      Section 1723, act Mar. 21, 1945, ch. 30, Sec. 3, 59 Stat. 37,
    related to pay and allowances of appointees under sections 1721 to
    1725 of this Appendix.
      Section 1724, act Mar. 21, 1945, ch. 30, Sec. 4, 59 Stat. 37,
    related to rank and pay on retirement of appointees under sections
    1721 to 1725 of this Appendix.
      Section 1725, act Mar. 21, 1945, ch. 30, Sec. 5, 59 Stat. 37,
    provided for termination of sections 1721 to 1725 of this Appendix
    six months after termination of wars in which United States was
    engaged as proclaimed by President or such earlier date as
    Congress, by concurrent resolution, might fix. Cessation of
    hostilities of World War II, eff. twelve o'clock noon, Dec. 31,
    1946, proclaimed by President in Proc. No. 2714, Dec. 31, 1946, 12
    F.R. 1. Treaty of Peace with Japan, signed at San Francisco on
    Sept. 8, 1951, ratified by United States Senate on Mar. 20, 1952,
    and came into force on Apr. 28, 1952. See Termination of State of
    War notes set out preceding section 1 of this Appendix.

                           PERMANENT APPOINTMENT                       
      Section 3 of act Mar. 3, 1946, ch. 112, 60 Stat. 60, provided for
    permanent appointment in grade of Admiral in Coast Guard of Admiral
    Russell R. Waesche. Section also provided for full pay upon
    retirement.

-End-


-CITE-
    50 USC APPENDIX EXCEPTION OF NAVY OR COAST GUARD
      VESSELS FROM CERTAIN NAVIGATION RULES                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXCEPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION
      RULES                                                   

-HEAD-
     EXCEPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION
                                   RULES

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 3, 1945, CH. 511, 59
      STAT. 590                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXCEPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION
      RULES                                                   
    ACT DEC. 3, 1945, CH. 511, 59 STAT. 590

-HEAD-
                  ACT DEC. 3, 1945, CH. 511, 59 STAT. 590              

-End-



-CITE-
    50 USC APPENDIX Secs. 1731, 1732                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXCEPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION
      RULES                                                   
    ACT DEC. 3, 1945, CH. 511, 59 STAT. 590

-HEAD-
    Secs. 1731, 1732. Transferred

-COD-
                               CODIFICATION                           
      Section 1731, act Dec. 3, 1945, ch. 511, Sec. 1, 59 Stat. 590,
    which related to an exemption from requirements as to number,
    position, etc., of lights for vessels of special construction, was
    transferred to section 360 of Title 33, Navigation and Navigable
    Waters, and was subsequently repealed by Pub. L. 96-591, Sec. 8(a),
    Dec. 24, 1980, 94 Stat. 3435.
      Section 1732, act Dec. 3, 1945, ch. 511, Sec. 2, 59 Stat. 591,
    which related to publication of notice of findings or certification
    and character and number of lights, was transferred to section 360a
    of Title 33, Navigation and Navigable Waters, and was subsequently
    repealed by Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat.
    3435.

-End-


-CITE-
    50 USC APPENDIX SALE OF SURPLUS WAR-BUILT
           VESSELS                                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS

-HEAD-
                     SALE OF SURPLUS WAR-BUILT VESSELS                 

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 8, 1946, CH. 82, 60
      STAT. 41                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
                   ACT MAR. 8, 1946, CH. 82, 60 STAT. 41               

-MISC1-
    Sec.                                                     
    1735.       Declaration of policy.                                
    1736.       Definitions.                                          
    1737.       Repealed.                                             
    1738.       Charter of vessels.                                   
                  (a), (b) Repealed.                                  
                  (c)  Laws applicable to charter hire.               
                  (d)  Repealed.                                      
                  (e)  Proceedings and findings; extension of
                        charters.                                     
                  (f)  Charter of passenger vessels.                  
    1738a to 1740. Repealed or Omitted.                               
    1741.       Exchange of vessels.                                  
                  (a)  to (c) Repealed.                               
                  (d)  Transfer of substitute vessels.                
    1742.       Repealed.                                             
    1743.       Repealed.                                             
    1744.       National Defense Reserve Fleet.                       
                  (a)  Fleet components.                              
                  (b)  Permitted uses.                                
                  (c)  Ready Reserve Force management.                
                  (e)  Exemption from tank vessel construction
                        standards.                                    
    1745.       Reconversion of vessels for normal commercial
                 operation; applicability of other laws to
                 construction contracts; coastwise trade; disposition
                 of moneys; Great Lakes trade.                        
    1745a, 1746. Repealed.                                            

-End-



-CITE-
    50 USC APPENDIX Sec. 1735                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1735. Declaration of policy

-STATUTE-
      (a) It is necessary for the national security and development and
    maintenance of the domestic and the export and import foreign
    commerce of the United States that the United States have an
    efficient and adequate American-owned merchant marine (1)
    sufficient to carry its domestic water-borne commerce and a
    substantial portion of its water-borne export and import foreign
    commerce and to provide shipping service on all routes essential
    for maintaining the flow of such domestic and foreign water-borne
    commerce at all times; (2) capable of serving as a naval and
    military auxiliary in time of war or national emergency; (3) owned
    and operated under the United States flag by citizens of the United
    States; (4) composed of the best-equipped, safest, and most
    suitable types of vessels, constructed in the United States and
    manned with a trained and efficient citizen personnel; and (5)
    supplemented by efficient American-owned facilities for
    shipbuilding and ship repair, marine insurance, and other auxiliary
    services.
      (b) It is hereby declared to be the policy of this Act [sections
    1735 to 1746 of this Appendix] to foster the development and
    encourage the maintenance of such a merchant marine.

-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 2, 60 Stat. 41.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of act Mar. 8, 1946, provided that: "This Act [enacting
    this section and sections 1736 to 1746 of this Appendix] may be
    cited as the 'Merchant Ship Sales Act of 1946'."

                             TERMINATION DATE                         
      Section 14 of act Mar. 8, 1946, as amended June 28, 1947, ch.
    161, Sec. 1, 61 Stat. 190; Feb. 27, 1948, ch. 78, Sec. 1(a), 62
    Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch.
    281, Sec. 1, 63 Stat. 349; June 30, 1950, ch. 427, Sec. 1, 64 Stat.
    308; Aug. 17, 1950, ch. 725, 64 Stat. 452, provided that: "No
    contract of sale shall be made under this Act [sections 1735 to
    1746 of this Appendix] after January 15, 1951, and no contract of
    charter shall be made under this Act [sections 1735 to 1746 of this
    Appendix] after June 30, 1950, except as provided for charter under
    subsections (e) and (f) of section 5 hereof, as amended [section
    1738(e), (f) of this Appendix]."

                      DETERMINATION OF SELLING PRICE                  
      Elements to be considered in determination of the selling price
    of vessels, see section 864b of Title 46, Appendix, Shipping.

                            GREAT LAKES VESSELS                        
      Section 3 of act Sept. 28, 1950, ch. 1093, 64 Stat. 1078,
    provided: "Contracts for the sale of vessels for exclusive use on
    the Great Lakes, including the Saint Lawrence River and Gulf and
    their connecting waterways, may be made until December 31, 1950.
    Such contracts shall require that transfer to the Great Lakes of
    such vessels by the buyers shall be completed by December 31,
    1951."

-End-



-CITE-
    50 USC APPENDIX Sec. 1736                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1736. Definitions

-STATUTE-
      As used in this Act [sections 1735 to 1746 of this Appendix] the
    term - 
      (a) "Secretary" means the Secretary of Transportation.
      (b) to (f) Repealed. Pub. L. 101-225, title III, Sec. 307(12),
    Dec. 12, 1989, 103 Stat. 1925.
      (g) "Citizen of the United States" includes a corporation,
    partnership, or association only if it is a citizen of the United
    States within the meaning of section 2 of the Shipping Act of
    1916,(!1) as amended [46 App. U.S.C. 802, 803]. The term
    "affiliated interest" as used in sections 9 and 10 of this Act
    [sections 1742 and 1743 of this Appendix] includes any person
    affiliated or associated with a citizen applicant for benefits
    under this Act [sections 1735 to 1746 of this Appendix] who the
    Secretary, pursuant to rules and regulations prescribed hereunder,
    determines should be so included in order to carry out the policy
    and purposes of this Act [said sections].


-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 3, 60 Stat. 41; Pub. L. 97-31, Sec.
    12(153), Aug. 6, 1981, 95 Stat. 167; Pub. L. 101-225, title III,
    Sec. 307(12), Dec. 12, 1989, 103 Stat. 1925.)


-MISC1-
                                AMENDMENTS                            
      1989 - Subsecs. (b) to (f). Pub. L. 101-225 struck out subsecs.
    (b) to (f) which defined "war-built vessel", "prewar domestic
    cost", "statutory sales price", "domestic war cost", and "cessation
    of hostilities", respectively.
      1981 - Subsec. (a). Pub. L. 97-31, Sec. 12(153)(A), (B),
    substituted "Secretary" for "Commission" and "Secretary of
    Transportation" for "United States Maritime Commission".
      Subsecs. (c) to (e), (g). Pub. L. 97-31, Sec. 12(153)(C),
    substituted "Secretary" for "Commission" wherever appearing.

-FOOTNOTE-
    (!1) So in original. Probably should be "Shipping Act, 1916,".


-End-



-CITE-
    50 USC APPENDIX Sec. 1737                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1737. Repealed. Pub. L. 101-225, title III, Sec. 307(12), Dec.
      12, 1989, 103 Stat. 1925

-MISC1-
      Section, acts Mar. 8, 1946, ch. 82, Sec. 4, 60 Stat. 43; June 12,
    1960, Pub. L. 86-518, Sec. 1, 74 Stat. 216; Aug. 6, 1981, Pub. L.
    97-31, Sec. 12(154), 95 Stat. 167, provided for sales of vessels to
    citizens, sales price, down payment and installment payments, and
    restrictions on vessel operations.

-End-



-CITE-
    50 USC APPENDIX Sec. 1738                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1738. Charter of vessels

-STATUTE-
    (a), (b) Repealed. Pub. L. 101-225, title III, Sec. 307(12), Dec.
      12, 1989, 103 Stat. 1925
    (c) Laws applicable to charter hire
      The provisions of sections 708, 709, 710, 712, and 713 of the
    Merchant Marine Act, 1936, as amended [46 App. U.S.C. 1198 to 1200,
    1202, 1203], shall be applicable to charters made under this
    section.
    (d) Repealed. Pub. L. 101-225, title III, Sec. 307(12), Dec. 12,
      1989, 103 Stat. 1925
    (e) Proceedings and findings; extension of charters
      (1) Notwithstanding the provisions of sections 11 and 14 of this
    Act, as amended [sections 1744 and 1735 note of this Appendix], war-
    built dry-cargo vessels owned by the United States on or after
    June 30, 1950, may be chartered pursuant to this Act [sections 1735
    to 1746 of this Appendix] for bareboat use in any service which, in
    the opinion of the Maritime Administration, is required in the
    public interest and is not adequately served, and for which
    privately owned American flag vessels are not available for charter
    by private operators on reasonable conditions and at reasonable
    rates for use in such service. No charters shall be made by the
    Secretary of Transportation under authority of this subsection
    until the Maritime Administration shall have given due notice to
    all interested parties and shall have afforded such parties an
    opportunity for a public hearing on such charters and shall have
    certified its findings to the Secretary of Transportation. The
    Secretary of Transportation is authorized to include in such
    charters such restrictions and conditions as the Maritime
    Administration determines to be necessary or appropriate to protect
    the public interest in respect of such charters and to protect
    privately owned vessels against competition from vessels chartered
    under this section: Provided, however, That all such charters shall
    contain a provision that they will be reviewed annually by the
    Maritime Administration, with recommendations to the Secretary of
    Transportation, for the purpose of determining whether conditions
    exist justifying continuance of the charters under the provisions
    of this subsection.
      (2) A charter existing on June 30, 1950, with respect to a war-
    built dry-cargo vessel may be extended to October 31, 1950, if
    application is made within ten days after the enactment hereof
    [June 30, 1950] for the charter of such vessel under this
    subsection and if the Secretary of Transportation deems such
    extension is justified in accordance with the provisions of
    subdivision (1) of this subsection: Provided, however, That a new
    voyage under such extended charter shall not be begun after October
    31, 1950, unless it has been determined prior to such date, in
    accordance with the procedure set forth in this subsection, that
    the continued use of the vessel in the service is required. The
    Maritime Administration shall conduct all hearings on applications
    made under this paragraph immediately upon receipt thereof and
    shall promptly certify its findings to the Secretary of
    Transportation, provided that all such certifications shall be made
    not later than October 31, 1950.
    (f) Charter of passenger vessels
      (1) Notwithstanding the provisions of sections 11 and 14 of this
    Act, as amended [sections 1744 and 1735 note of this Appendix], the
    Secretary of Transportation may charter any passenger vessel,
    whether or not war-built, owned by the United States on or after
    June 30, 1950, pursuant to title VII of the Merchant Marine Act,
    1936, as amended [46 App. U.S.C. 1191 et seq.] and may charter any
    war-built passenger vessel owned by the United States for use in
    the domestic trade of the United States, under the conditions
    prescribed for the charter of war-built cargo vessels in subsection
    (e) of this section.
      (2) Charters existing on June 30, 1950, with respect to passenger
    vessels may be continued until December 31, 1951, or until
    expiration thereof by the terms of their provisions.

-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 5, 60 Stat. 43; June 28, 1947, ch. 161,
    Sec. 2, 61 Stat. 191; June 30, 1950, ch. 427, Sec. 3, 64 Stat. 308;
    Aug. 31, 1954, ch. 1175, 68 Stat. 1050; Pub. L. 97-31, Sec.
    12(155), Aug. 6, 1981, 95 Stat. 167; Pub. L. 101-225, title III,
    Sec. 307(12), Dec. 12, 1989, 103 Stat. 1925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Marine Act, 1936, as amended, referred to in subsec.
    (f)(1), is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended.
    Title VII of the Merchant Marine Act, 1936, is classified generally
    to subchapter VII (Sec. 1191 et seq.) of chapter 27 of Title 46,
    Appendix, Shipping. For complete classification of this Act to the
    Code, see section 1245 of Title 46, Appendix, and Tables.


-MISC1-
                                AMENDMENTS                            
      1989 - Subsecs. (a), (b), (d). Pub. L. 101-225 struck out subsec.
    (a) which related to charter of vessels to citizens and publication
    of domestic prewar cost as a prerequisite, subsec. (b) which
    related to rate of charter hire, and subsec. (d) which related to
    computation of charter hire where an operator is engaged in both
    foreign and domestic trade.
      1981 - Subsec. (a). Pub. L. 97-31, Sec. 12(155)(A), (B),
    substituted "Secretary" for "Commission" and "his" for "its"
    wherever appearing.
      Subsec. (b). Pub. L. 97-31, Sec. 12(155)(A), substituted
    "Secretary" for "Commission" wherever appearing.
      Subsec. (d). Pub. L. 97-31, Sec. 12(155)(C), substituted
    "Secretary of Transportation" for "Maritime Commission".
      Subsec. (e). Pub. L. 97-31, Sec. 12(155)(D), (E), substituted
    "Maritime Administration" for "Federal Maritime Board" and
    "Secretary of Transportation" for "Secretary of Commerce" wherever
    appearing.
      Subsec. (f)(1). Pub. L. 97-31, Sec. 12(155)(E), substituted
    "Secretary of Transportation" for "Secretary of Commerce".
      1954 - Subsec. (f)(1). Act Aug. 31, 1954, allowed the chartering
    of war-built passenger vessels.
      1950 - Subsecs. (e), (f). Act June 30, 1950, added subsecs. (e)
    and (f).
      1947 - Subsec. (d). Act June 28, 1947, added subsec. (d).

     AUTHORIZATION FOR PAYMENTS BY SECRETARY OF COMMERCE TO PERSONS TO
                         WHOM HE CHARTERED VESSELS
      Pub. L. 85-721, Aug. 21, 1958, 72 Stat. 710, provided: "That the
    Secretary of Commerce [now Secretary of Transportation] is
    authorized to pay to any person to whom he has chartered any vessel
    under authority of section 5 of the Merchant Ship Sales Act of
    1946, as amended (50 U.S.C. App., sec. 1738), out of the Vessel
    Operations Revolving Fund established in chapter VIII of the Third
    Supplemental Appropriations Act, 1951 [46 App. U.S.C., sec. 1241a],
    an amount equal to the fair and reasonable expenses incurred by
    such person, as determined by the Maritime Administrator, during
    the calendar year beginning January 1, 1957, to activate such
    vessel. Such amount shall be reduced by the amount of the
    difference, as determined by the Maritime Administrator, between
    the charter hire which such person paid for such vessel, and the
    charter hire which was paid for similar vessels which the United
    States activated at its own expense during such calendar year."

-End-



-CITE-
    50 USC APPENDIX Sec. 1738a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1738a. Repealed. Pub. L. 101-225, title III, Sec. 307(13),
      Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section, acts June 29, 1949, ch. 281, Sec. 2, 63 Stat. 349; Aug.
    6, 1981, Pub. L. 97-31, Sec. 12(156), 95 Stat. 167, provided for
    termination of charters, except passenger vessel charters.

-End-



-CITE-
    50 USC APPENDIX Sec. 1738b                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1738b. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 94-121, title III, Oct. 21, 1975, 89 Stat. 628,
    which related to conditions for chartering vessels, was from the
    Department of Commerce Appropriation Act, 1976, and was not
    repeated in subsequent appropriation acts. Similar provisions were
    contained in the following prior appropriation acts:
      Oct. 5, 1974, Pub. L. 93-433, title III, 88 Stat. 1199.
      Nov. 27, 1973, Pub. L. 93-162, title III, 87 Stat. 649.
      Oct. 25, 1972, Pub. L. 92-544, title III, 86 Stat. 1124.
      Aug. 10, 1971, Pub. L. 92-77, title III, 85 Stat. 260.
      Oct. 21, 1970, Pub. L. 91-472, title III, 84 Stat. 1054.
      Dec. 24, 1969, Pub. L. 91-153, title III, 83 Stat. 417.
      Aug. 9, 1968, Pub. L. 90-470, title III, 82 Stat. 682.
      Nov. 8, 1967, Pub. L. 90-133, title III, 81 Stat. 425.
      Nov. 8, 1966, Pub. L. 89-797, title III, 80 Stat. 1494.
      Sept. 2, 1965, Pub. L. 89-164, title III, 79 Stat. 634.
      Aug. 31, 1964, Pub. L. 88-527, title III, 78 Stat. 726.
      Dec. 30, 1963, Pub. L. 88-245, title III, 77 Stat. 791.
      Oct. 18, 1962, Pub. L. 87-843, title III, 76 Stat. 1093.
      Aug. 3, 1961, Pub. L. 87-125, title II, 75 Stat. 274.
      May 13, 1960, Pub. L. 86-451, title I, 74 Stat. 97.
      July 13, 1959, Pub. L. 86-88, title I, 73 Stat. 204.
      June 25, 1958, Pub. L. 85-469, title I, 72 Stat. 231.
      June 13, 1957, Pub. L. 85-52, title I, 71 Stat. 74.
      June 20, 1956, ch. 415, title I, 70 Stat. 318.
      June 30, 1955, ch. 253, title I, 69 Stat. 231.
      July 2, 1954, ch. 456, title III, 68 Stat. 426.
      Aug. 5, 1953, ch. 328, title III, 67 Stat. 381.
      July 5, 1952, ch. 578, title II, 66 Stat. 414.
      Aug. 31, 1951, ch. 376, title II, 65 Stat. 286.
      Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 717.
      Oct. 10, 1949, ch. 662, title I, 63 Stat. 743.

-End-



-CITE-
    50 USC APPENDIX Secs. 1739, 1740                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Secs. 1739, 1740. Repealed. Pub. L. 101-225, title III, Sec.
      307(12), Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section 1739, acts Mar. 8, 1946, ch. 82, Sec. 6, 60 Stat. 43;
    Aug. 6, 1981, Pub. L. 97-31, Sec. 12(154), 95 Stat. 167, provided
    for sale of vessels to non-citizens, sales conditions and priority
    of mortgage on unpaid balance.
      Section 1740, acts Mar. 8, 1946, ch. 82, Sec. 7, 60 Stat. 44;
    Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038; Sept. 27,
    1979, Pub. L. 96-70, Sec. 3(b)(5), 93 Stat. 455; Aug. 6, 1981, Pub.
    L. 97-31, Sec. 12(154), 95 Stat. 167, provided for order of
    preference in sales and charters, determining relevant factors, and
    operation of commercial vessels by Government.

-End-



-CITE-
    50 USC APPENDIX Sec. 1741                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1741. Exchange of vessels

-STATUTE-
    (a) to (c) Repealed. Pub. L. 101-225, title III, Sec. 307(12), Dec.
      12, 1989, 103 Stat. 1925
    (d) Transfer of substitute vessels
      In the case of any vessel constructed in the United States after
    January 1, 1937, which has been taken by the United States for use
    in any manner, the Secretary, if in his opinion the transfer would
    aid in carrying out the policies of this Act [sections 1735 to 1746
    of this Appendix], is authorized to transfer to the owner of such
    vessel another vessel which is deemed by the Secretary to be of
    comparable type with adjustments for depreciation and difference in
    design or speed, and to the extent applicable, adjustments with
    respect to the retained vessel as provided for in section 9
    [section 1742 of this Appendix], and such other adjustments and
    terms and conditions, including transfer of mortgage obligations in
    favor of the United States binding upon the old vessel, as the
    Secretary may prescribe.

-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 8, 60 Stat. 45; Pub. L. 97-31, Sec.
    12(154), Aug. 6, 1981, 95 Stat. 167; Pub. L. 101-225, title III,
    Sec. 307(12), Dec. 12, 1989, 103 Stat. 1925.)


-MISC1-
                                AMENDMENTS                            
      1989 - Subsecs. (a) to (c). Pub. L. 101-225 struck out subsecs.
    (a) to (c) which related to allowance as credit on purchase price
    and vessels acceptable, amount of allowance, and transfers in
    settlement of claims, respectively.
      1981 - Pub. L. 97-31 substituted "Secretary" for "Commission"
    wherever appearing.

-End-



-CITE-
    50 USC APPENDIX Sec. 1742                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1742. Repealed. Pub. L. 94-412, title V, Sec. 501(g), Sept.
      14, 1976, 90 Stat. 1258

-MISC1-
      Section, acts Mar. 8, 1946, ch. 82, Sec. 9, 60 Stat. 46; Aug. 6,
    1956, ch. 1013, 70 Stat. 1068, made provision for price adjustments
    on prior sales of surplus war-built vessels to citizens.

                             SAVINGS PROVISION                         
      Repeal not to affect any action taken or proceeding pending at
    the time of repeal, see section 501(h) of Pub. L. 94-412, set out
    as a note under section 1601 of Title 50, War and National Defense.

-End-



-CITE-
    50 USC APPENDIX Sec. 1743                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1743. Repealed. Pub. L. 101-225, title III, Sec. 307(12), Dec.
      12, 1989, 103 Stat. 1925

-MISC1-
      Section, acts Mar. 8, 1946, ch. 82, Sec. 10, 60 Stat. 49; Aug. 6,
    1981, Pub. L. 97-31, Sec. 12(154), 95 Stat. 167, limited
    eligibility for benefits under Merchant Ship Sales Act of 1946.

-End-



-CITE-
    50 USC APPENDIX Sec. 1744                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1744. National Defense Reserve Fleet

-STATUTE-
    (a) Fleet components
      The Secretary of Transportation shall maintain a National Defense
    Reserve Fleet, including any vessel assigned by the Secretary to
    the Ready Reserve Force component of the fleet, consisting of those
    vessels owned or acquired by the United States Government that the
    Secretary of Transportation, after consultation with the Secretary
    of the Navy, determines are of value for national defense purposes
    and that the Secretary of Transportation decides to place and
    maintain in the fleet.
    (b) Permitted uses
      Except as otherwise provided by law, a vessel in the fleet may be
    used - 
        (1) for an account of an agency of the United States Government
      in a period during which vessels may be requisitioned under
      section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C.
      1242); or
        (2) on the request of the Secretary of Defense, and in
      accordance with memoranda of agreement between the Secretary of
      Transportation and the Secretary of Defense, for - 
          (A) testing for readiness and suitability for mission
        performance;
          (B) defense sealift functions for which other sealift assets
        are not reasonably available; and
          (C) support of the deployment of the United States armed
        forces in a military contingency, for military contingency
        operations, or for civil contingency operations upon orders
        from the National Command Authority;

        (3) for otherwise lawfully permitted storage or transportation
      of non-defense-related cargo as directed by the Secretary of
      Transportation with the concurrence of the Secretary of Defense;
      or
        (4) for training purposes to the extent authorized by the
      Secretary of Transportation with the concurrence of the Secretary
      of Defense.
    (c) Ready Reserve Force management
      (1) Minimum requirements
        To ensure the readiness of vessels in the Ready Reserve Force
      component of the National Defense Reserve Fleet, the Secretary of
      Transportation shall, at a minimum - 
          (A) maintain all of the vessels in a manner that will enable
        each vessel to be activated within a period specified in plans
        for mobilization of the vessels;
          (B) activate and conduct sea trials on each vessel at least
        once every twenty-four months;
          (C) maintain in an enhanced activation status those vessels
        that are scheduled to be activated within 5 days;
          (D) locate those vessels that are scheduled to be activated
        within 5 days near embarkation ports specified for those
        vessels; and
          (E) notwithstanding section 2109 of title 46, United States
        Code, have each vessel inspected by the Secretary of the
        department in which the Coast Guard is operating to determine
        if the vessel meets the safety standards that would apply under
        part B of subtitle II of that title if the vessel were not a
        public vessel.
      (2) Vessel managers
        (A) Eligibility for contract
          A person, including a shipyard, is eligible for a contract
        for the management of a vessel in the Ready Reserve Force if
        the Secretary determines, at a minimum, that the person has - 
            (i) experience in the operation of commercial-type vessels
          or public vessels owned by the United States Government; and
            (ii) the management capability necessary to operate,
          maintain, and activate the vessel at a reasonable price.
        (B) Contract requirement
          The Secretary of Transportation shall include in each
        contract for the management of a vessel in the Ready Reserve
        Force a requirement that each seaman who performs services on
        any vessel covered by the contract hold the license or merchant
        mariner's document that would be required under chapter 71 or
        chapter 73 of title 46, United States Code, for a seaman
        performing that service while operating the vessel if the
        vessel were not a public vessel.
    (e) (!1) Exemption from tank vessel construction standards

      Vessels in the National Defense Reserve Fleet are exempt from the
    provisions of section 3703a of title 46, United States Code.

-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 11, 60 Stat. 49; June 28, 1947, ch.
    161, Sec. 1, 61 Stat. 190; Feb. 27, 1948, ch. 78, Sec. 1(a), 62
    Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch.
    281, Sec. 1, 63 Stat. 349; June 30, 1950, ch. 427, Sec. 2, 64 Stat.
    308; Pub. L. 97-31, Sec. 12(157), Aug. 6, 1981, 95 Stat. 167; Pub.
    L. 101-115, Sec. 6, Oct. 13, 1989, 103 Stat. 693; Pub. L. 101-225,
    title III, Sec. 307(12), Dec. 12, 1989, 103 Stat. 1925; Pub. L. 102-
    241, Sec. 57, Dec. 19, 1991, 105 Stat. 2234; Pub. L. 102-587,
    title VI, Sec. 6205(a), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 104-
    106, div. A, title X, Sec. 1014(b), Feb. 10, 1996, 110 Stat. 424;
    Pub. L. 104-239, Sec. 9, Oct. 8, 1996, 110 Stat. 3133.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(2). Pub. L. 104-239, Sec. 9(1), substituted
    "of the Secretary of Defense" for "of the Secretary of the Navy".
      Subsecs. (c), (d). Pub. L. 104-239, Sec. 9(2), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which read as
    follows: "The Secretary of Transportation shall not require bid,
    payment, performance, payment and performance, or completion bonds
    from contractors for repair, alteration, or maintenance of vessels
    of the National Defense Reserve Fleet unless - 
        "(1) required by law; or
        "(2) the Secretary determines, after investigation, that the
      imposition of such bonding requirements would not preclude any
      responsible potential bidder or offeror from competing for award
      of the contract."
      Subsec. (e). Pub. L. 104-106 added subsec. (e).
      1992 - Subsec. (b). Pub. L. 102-587 amended subsec. (b) to read
    as if it had not been repealed by Pub. L. 101-225. See 1989
    Amendment note below.
      1991 - Subsec. (d). Pub. L. 102-241 added subsec. (d).
      1989 - Pub. L. 101-225 struck out subsec. (b) as it appeared
    after a general amendment by Pub. L. 101-115, see below. See also
    1992 Amendment note above.
      Pub. L. 101-115 amended section generally. Prior to amendment,
    section read as follows:
      "(a) The Secretary of Transportation shall place in a national
    defense reserve (1) such vessels owned by the Department of
    Transportation as, after consultation with the Secretary of the
    Army and the Secretary of the Navy, he deems should be retained for
    the national defense, and (2) all vessels owned by the Department
    of Transportation on June 30, 1950, for the sale of which a
    contract has not been made by that time, except those determined by
    the Secretary of Transportation to be of insufficient value for
    commercial and national defense purposes to warrant their
    maintenance and preservation, and except those vessels, the
    contracts for the construction of which are made after September 2,
    1945, under the provisions of the Merchant Marine Act, 1936, as
    amended. A vessel under charter on March 1, 1948, shall not be
    placed in the reserve until the termination of such charter. Unless
    otherwise provided for by law, all vessels placed in such reserve
    shall be preserved and maintained by the Secretary of
    Transportation for the purpose of national defense. A vessel placed
    in such reserve shall in no case be used for any purpose whatsoever
    except that any such vessel may be used for account of any agency
    or department of the United States during any period in which
    vessels may be requisitioned under section 902 of the Merchant
    Marine Act, 1936, as amended, and that any such vessel may be used
    under a bare-boat charter entered into pursuant to authority vested
    in the Secretary of Transportation on July 1, 1950, or granted to
    the Secretary of Transportation after such date.
      "(b) Any war-built vessel may be made available by the Secretary
    of Transportation to any State maintaining a marine school or
    nautical branch in accordance with the Act of July 29, 1941 (Public
    Law 191, Seventy-seventh Congress; 55 Stat. 607)."
      1981 - Subsec. (a). Pub. L. 97-31 substituted "Secretary of
    Transportation" first three times it appears for "Commission" and
    last two times it appears for "Secretary of Commerce"; "Department
    of Transportation" for "it"; and "he" for "it".
      Subsec. (b). Pub. L. 97-31 substituted "Secretary of
    Transportation" for "Commission".
      1950 - Subsec. (a). Act June 30, 1950, amended subsec. (a) to
    provide that a vessel placed in reserve may not be used for any
    purpose whatsoever except (1) for the account of any Federal agency
    or department during the period in which vessels may be
    requisitioned under section 1242 of Title 46 and (2) and any such
    vessel may be used under a bare-boat charter entered into pursuant
    to the authority vested in the Secretary of Commerce.
      1949 - Subsec. (a). Joint Res. June 29, 1949, extended provisions
    of section from June 30, 1949, to June 30, 1950. Joint Res. Feb.
    28, 1949, extended provisions of section from Mar. 1, 1949, to June
    30, 1949.
      1948 - Subsec. (a). Act Feb. 27, 1948, extended provisions of
    section from Mar. 1, 1948, to Mar. 1, 1949.
      1947 - Subsec. (a). Act June 28, 1947, extended provisions of
    section from Dec. 31, 1947, to Mar. 1, 1948.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 6205(a) of Pub. L. 102-587 provided in part that: "The
    effective date of this subsection [amending this section] is
    December 12, 1989."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
                VESSEL REPAIR AND MAINTENANCE PILOT PROGRAM            
      Section 16 of Pub. L. 104-239 provided that:
      "(a) In General. - The Secretary of Transportation shall conduct
    a pilot program to evaluate the feasibility of using renewable
    contracts for the maintenance and repair of outported vessels in
    the Ready Reserve Force to enhance the readiness of those vessels.
    Under the pilot program, the Secretary, subject to the availability
    of appropriations and within 6 months after the date of the
    enactment of this Act [Oct. 8, 1996], shall award 9 contracts for
    this purpose.
      "(b) Use of Various Contracting Arrangements. - In conducting a
    pilot program under this section, the Secretary of Transportation
    shall use contracting arrangements similar to those used by the
    Department of Defense for procuring maintenance and repair of its
    vessels.
      "(c) Contract Requirements. - Each contract with a shipyard under
    this section shall - 
        "(1) subject to subsection (d), provide for the procurement
      from the shipyard of all repair and maintenance (including
      activation, deactivation, and drydocking) for 1 vessel in the
      Ready Reserve Force that is outported in the geographical
      vicinity of the shipyard;
        "(2) be effective for 1 fiscal year; and
        "(3) be renewable, subject to the availability of
      appropriations, for each subsequent fiscal year through fiscal
      year 1998.
      "(d) Limitation of Work Under Contracts. - A contract under this
    section may not provide for the procurement of operation or manning
    for a vessel that may be procured under another contract for the
    vessel to which section 11(d)(2) of the Merchant Ship Sales Act of
    1946 (50 U.S.C. App. 1774(d)(2)) applies.
      "(e) Geographic Distribution. - The Secretary shall seek to
    distribute contract awards under this section to shipyards located
    throughout the United States.
      "(f) Reports. - The Secretary shall submit to the Congress - 
        "(1) an interim report on the effectiveness of each contract
      under this section in providing for economic and efficient repair
      and maintenance of the vessel included in the contract, no later
      than 20 months after the date of the enactment of this Act [Oct.
      8, 1996]; and
        "(2) a final report on that effectiveness no later than 6
      months after the termination of all contracts awarded pursuant to
      this section."

-FOOTNOTE-
    (!1) So in original. Probably should be "(d)".


-End-



-CITE-
    50 USC APPENDIX Sec. 1745                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1745. Reconversion of vessels for normal commercial operation;
      applicability of other laws to construction contracts; coastwise
      trade; disposition of moneys; Great Lakes trade

-STATUTE-
      (a) The Secretary is authorized to reconvert or restore for
    normal operation in commercial services and to convert for
    operation on the Great Lakes, including the Saint Lawrence River
    and Gulf, and their connecting waterways, including removal of
    national defense or war-service features, any vessel authorized to
    be sold or chartered under this Act [sections 1735 to 1746 of this
    Appendix]. The Secretary is authorized to make such replacements,
    alterations, or modifications with respect to any vessel authorized
    to be sold or chartered under this Act [said sections], and to
    install therein such special features, as may be necessary or
    advisable to make such vessel suitable for commercial operation on
    trade routes or services or comparable as to commercial utility to
    other such vessels of the same general type.
      (b) to (e) Repealed. Pub. L. 101-225, title III, Sec. 307(12),
    Dec. 12, 1989, 103 Stat. 1925.

-SOURCE-
    (Mar. 8, 1946, ch. 82, Sec. 12, 60 Stat. 49; Sept. 28, 1950, ch.
    1093, Secs. 1, 2, 64 Stat. 1078; Pub. L. 97-31, Sec. 12(158), Aug.
    6, 1981, 95 Stat. 168; Pub. L. 101-225, title III, Sec. 307(12),
    Dec. 12, 1989, 103 Stat. 1925.)


-MISC1-
                                AMENDMENTS                            
      1989 - Subsecs. (b) to (e). Pub. L. 101-225, which directed
    repeal of subsecs. (b) to (f), was executed by striking out
    subsecs. (b) to (e) as the probable intent of Congress because
    there was no subsec. (f). Subsecs. (b) to (e) provided in subsec.
    (b) that section 202 of the War Mobilization and Reconversion Act
    was inapplicable to contracts of the Commission for or relating to
    construction of ships, in subsec. (c) that no vessel sold or
    chartered to a citizen of the United States be prohibited from
    engaging in the coastwise trade of the United States merely because
    it was under foreign registry on or after May 27, 1941, in subsec.
    (d) that all moneys received be deposited in the Treasury to the
    credit of miscellaneous receipts, and in subsec. (e) that the
    Secretary make allowances to purchasers of not more than ten
    vessels sold for exclusive use on the Great Lakes.
      1981 - Subsecs. (a), (c), (d). Pub. L. 97-31, Sec. 12(158)(A),
    substituted "Secretary" for "Commission" wherever appearing.
      Subsec. (e). Pub. L. 97-31, Sec. 12(158)(B), substituted
    "Secretary of Transportation" for "Secretary of Commerce".
      1950 - Subsec. (a). Act Sept. 28, 1950, Sec. 1, provided for
    conversion for operation on the Great Lakes, including the Saint
    Lawrence River and Gulf, and their connecting waterways.
      Subsec. (e). Act Sept. 28, 1950, Sec. 2, added subsec. (e).

-End-



-CITE-
    50 USC APPENDIX Sec. 1745a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1745a. Repealed. Pub. L. 101-225, title III, Sec. 307(14),
      Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section, Pub. L. 86-315, Sept. 21, 1959, 73 Stat. 588, accorded
    Great Lakes vessels operation status of documented vessels.

-End-



-CITE-
    50 USC APPENDIX Sec. 1746                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    SALE OF SURPLUS WAR-BUILT VESSELS
    ACT MAR. 8, 1946, CH. 82, 60 STAT. 41

-HEAD-
    Sec. 1746. Repealed. Pub. L. 99-386, title I, Sec. 107, Aug. 22,
      1986, 100 Stat. 822; Pub. L. 101-225, title III, Sec. 307(12),
      Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section, acts Mar. 8, 1946, ch. 82, Sec. 13, 60 Stat. 50; Aug. 6,
    1981, Pub. L. 97-31, Sec. 12(154), 95 Stat. 167, required
    submission of quarterly reports by Secretary to Congress with
    respect to all activities or transactions under sections 1735 to
    1746 of this Appendix not covered by any previous such report.
      Pub. L. 89-348, Sec. 2(1), Nov. 8, 1965, 79 Stat. 1312, modified
    this section to require annual instead of quarterly reports.

-End-


-CITE-
    50 USC APPENDIX REHABILITATION OF PHILIPPINES               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES

-HEAD-
                       REHABILITATION OF PHILIPPINES                   

-End-


-CITE-
    50 USC APPENDIX ACT APR. 30, 1946, CH. 243, 60
      STAT. 128                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
                 ACT APR. 30, 1946, CH. 243, 60 STAT. 128             

-End-



-CITE-
    50 USC APPENDIX Secs. 1751 to 1763                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Secs. 1751 to 1763. Omitted


-STATUTE-

-MISC1-
                PAYMENT OF BALANCE OF AWARDS TO PHILIPPINES            
      Pub. L. 87-616, Aug. 30, 1962, 76 Stat. 411, as amended by Pub.
    L. 88-94, Sec. 3, Aug. 12, 1963, 77 Stat. 122, provided:
      "[Sec. 1. Conditions; limitations on amount]. That the Foreign
    Claims Settlement Commission (hereafter in this Act referred to as
    the "Commission") shall provide, out of funds appropriated pursuant
    to this Act, for the payment of the unpaid balance of awards
    heretofore made by the Philippine War Damage Commission under title
    I of the Philippine Rehabilitation Act of 1946 [sections 1751 to
    1763 of this Appendix]. No payment shall be made under this Act to
    any person, or to his successors in interest, on account of any
    award unless payment was made on such award under the Philippine
    Rehabilitation Act of 1946 [sections 1751 to 1806 of this
    Appendix], and the maximum amount paid under this Act, when added
    to amounts paid under the Philippine Rehabilitation Act of 1946
    [sections 1751 to 1806 of this Appendix] and section 7 of the War
    Claims Act of 1948 [section 2006 of this Appendix] on account of
    any claim shall not exceed the aggregate amount of claims approved
    in favor of such claimant after reduction under the last proviso of
    section 102(a) of the Philippine Rehabilitation Act of 1946
    [section 1752(a) of this Appendix], or $25,000, whichever is the
    lesser. All payments under this Act in amounts over 25,000 pesos or
    equivalent value in dollars shall be subject to the provisions of
    section 104(c) of the Philippine Rehabilitation Act of 1946
    [section 1754(c) of this Appendix].
      "Sec. 2. [Applications; commencement and duration of period;
    determination of Commission]. Within sixty days after the enactment
    of this Act [Aug. 30, 1962], or of legislation appropriating for
    administration expenses incurred in carrying out this Act,
    whichever is later, the Commission shall prescribe and publish in
    the Federal Register and give appropriate publicity in the Republic
    of the Philippines concerning the period, not in excess of twelve
    additional months, within which application must be filed under
    this Act. The Commission shall complete its determination and take
    final action with respect to applications filed under this Act not
    later than one year after the last date on which applications may
    be filed.
      "Sec. 3. [Publicity to payments provisions; notice to claimants].
    The Commission shall give maximum publicity in the Republic of the
    Philippines to the provisions of this Act, and through utilization
    of the records of the former Philippine War Damage Commission shall
    attempt to notify individual claimants of their right to file
    applications for payment under this Act, by mailing notice thereof
    to the last known address of such claimants as shown by such
    records.
      "Sec. 4. [Notice of approval or denial of applications; hearings;
    finality of determinations]. The Commission shall notify all
    applicants of the approval or denial of their applications and, if
    approved, shall notify such applicants of the amount for which such
    applications are approved. Any applicant whose application is
    denied, or is approved for less than the amount of such
    application, shall be entitled, under such regulations as the
    Commission may prescribe, to a hearing before the Commission or its
    representative with respect to such application. Upon such hearing,
    the Commission may affirm, modify, or reverse its former action
    with respect to such application, including a denial or reduction
    in the amount of award theretofore approved. All findings of the
    Commission concerning the persons to whom compensation pursuant to
    this Act is payable, and the amounts thereof, shall be conclusive
    and not be reviewable by any court.
      "Sec. 5. [Payments; exchange rate; medium; extraterritorial
    claimants; purchasers of claims; Educational Programs Fund;
    reversion of funds to United States Treasury]. (a) Each award made
    under this Act shall be certified to the Secretary of the Treasury
    in terms of United States currency on the basis of the rate of
    exchange (that is, P/2 equals $1) which was applied in the
    Philippine Rehabilitation Act of 1946 [sections 1751 to 1806 of
    this Appendix], for payment out of sums appropriated pursuant to
    section 8 of this Act. Such payments shall be made in accordance
    with such regulations as the Secretary of the Treasury may
    prescribe. Payments authorized under this Act shall be made in
    United States dollars or in Philippine pesos at the option of the
    Secretary of the Treasury; however, notwithstanding the last
    sentence of the first section of this Act, payment shall not be
    made outside of the Republic of the Philippines to any claimant
    residing outside the Republic of the Philippines unless he
    establishes to the satisfaction of the Commission that since the
    date of the loss or damage on account of which the original award
    was made he has heretofore invested in such manner as furthered the
    rehabilitation or economic development of the Philippines an amount
    not less than the claims approved in his favor after reduction
    under the last proviso of section 102(a) of the Philippine
    Rehabilitation Act of 1946 [section 1752(a) of this Appendix]. Any
    balance of the appropriation made pursuant to section 8 remaining
    after the payments authorized by the first section of this Act have
    been made and after any administrative expenses incurred by the
    Commission in connection with such payments have been paid shall be
    paid into a special fund in the United States Treasury to be used
    for the purpose of furthering educational exchange and other
    educational programs to the mutual advantage of the Republic of the
    Philippines and the United States in such manner as the Presidents
    of those two Republics shall from time to time determine. There
    shall be withheld from the payment authorized by the preceding
    sentence a sum equal to the difference between $73,000,000 (less
    administrative expenses) and the total amount which would have been
    paid to the claimants under the provisions of Public Law 87-616,
    which sum shall revert to the general funds in the United States
    Treasury. The acceptance by any claimant of a payment under this
    Act shall be considered to be in full satisfaction and final
    settlement of all claims of such claimant arising out of awards for
    war damage compensation made by the Philippine War Damage
    Commission. Payment shall not be made under this Act on any claim
    filed under the Philippine Rehabilitation Act of 1946 [sections
    1751 to 1806 of this Appendix] or under this Act which was acquired
    from a predecessor in interest by purchase, except where such
    purchase was in the ordinary course of business in connection with
    the acquisition of all assets of a business firm.
      "(b) Such of the records of the Philippine War Damage Commission
    as the Foreign Claims Settlement Commission may deem necessary for
    carrying out its functions under this Act shall be transferred to
    the Foreign Claims Settlement Commission.
      "Sec. 6. [Remuneration for services to applicants; prohibition
    against certain payments; penalties; forfeitures; recovery of
    payments]. (a) The total remuneration on account of services
    rendered or to be rendered to or on behalf of any applicant in
    connection with any application filed under this Act shall not
    exceed 5 per centum of the amount paid by the Commission on account
    of such application. Any agreement to the contrary shall be
    unlawful and void. Whoever, subject to the jurisdiction of the
    United States, violates this subsection shall be fined not more
    than $5,000 or imprisoned for not more than one year, or both.
    Where any payment is made in violation of this subsection, the
    Commission shall take such action as may be appropriate to recover
    the same.
      "(b) Notwithstanding the provisions of subsection (a), no sum
    shall be paid by any claimant directly or indirectly to, or
    received or accepted by, any former commissioner or employee of the
    Philippine War Damage Commission or their assigns, or any person
    employed by or associated with any such former commissioner or
    employee in connection with the preparation, filing, allowance, or
    collection of any claim under this Act, as compensation on account
    of services rendered or as reimbursement on account of expenses
    incurred in connection with any application filed under this Act.
    Whoever, subject to the jurisdiction of the United States, makes a
    payment in violation of the provisions of this subsection shall be
    fined not more than $5,000 or imprisoned for not more than one year
    or both. Whoever, subject to the jurisdiction of the United States,
    receives or accepts a payment in violation of this subsection,
    shall be fined not more than $5,000 or imprisoned for not more than
    five years or both. Whoever, subject to the jurisdiction of the
    United States, receives or accepts a payment in violation of this
    subsection, shall forfeit to the Government of the United States a
    sum equal to three times the amount of such payment, and the
    Commission shall take action to recover such sum from the person
    receiving the payment.
      "Sec. 7. [Application of International Claims Settlement Act of
    1949]. For the purposes of carrying out this Act, the following
    provisions of the International Claims Settlement Act of 1949
    [section 1621 et seq. of Title 22, Foreign Relations and
    Intercourse] shall, to the extent not inconsistent with this Act,
    be applicable in the administration of this Act: Subsections (c),
    (d), (e), and (i) of section 4 [section 1623 of Title 22];
    subsections (d) and (e) of section 7 [section 1626 of Title 22];
    and subsection (c) of section 7 [section 1626 of Title 22] except
    that with respect to applicants not subject to the jurisdiction of
    the United States, references in such subsection (c) to the
    Comptroller General of the United States shall be deemed to refer
    to the Secretary of the Treasury.
      "Sec. 8. [Appropriations for payment of awards and administrative
    expenses]. There is authorized to be appropriated not more than
    $73,000,000 to make payments on awards certified pursuant to this
    Act, plus such additional sums as may be necessary for the
    administrative expenses of the Commission and of the Secretary of
    the Treasury in carrying out this Act."

-COD-
                               CODIFICATION                           
      Sections 1751 to 1763 terminated Apr. 30, 1951, pursuant to
    section 1751 of this Appendix.
      Section 1751, acts Apr. 30, 1946, ch. 243, title I, Sec. 101, 60
    Stat. 128; Jan. 26, 1948, ch. 16, Secs. 1, 2, 62 Stat. 4; Oct. 15,
    1949, ch. 695, Sec. 6(a), 63 Stat. 881, established the Philippine
    War Damage Commission and provided for the winding up of its
    affairs not later than two years after expiration of time for
    filing claims under sections 1751 to 1763 of this Appendix if
    possible but in no event later than Apr. 30, 1951. Acts Apr. 30,
    1946, ch. 243, title I, Sec. 101, 60 Stat. 128; Oct. 15, 1949, ch.
    695, Sec. 6(a), 63 Stat. 881, were repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 653, 655.
      Section 1752, act Apr. 30, 1946, ch. 243, title I, Sec. 102, 60
    Stat. 129, related to payment for destruction and damage to
    property, perils and persons covered, claim limitations and
    definitions.
      Section 1753, act Apr. 30, 1946, ch. 243, title I, Sec. 103, 60
    Stat. 130, excluded from payment certain enumerated claims.
      Section 1754, acts Apr. 30, 1946, ch. 243, title I, Sec. 104, 60
    Stat. 130; Aug. 2, 1946, ch. 741, Sec. 1, 60 Stat. 805, related to
    claim payments.
      Section 1755, acts Apr. 30, 1946, ch. 243, title I, Sec. 105, 60
    Stat. 131; Aug. 2, 1946, ch. 741, Sec. 2, 60 Stat. 805, required
    Philippine War Damage Commission to make reports to Congress at
    intervals of six months.
      Section 1756, acts Apr. 30, 1946, ch. 243, title I, Sec. 106, 60
    Stat. 131; Jan. 26, 1948, ch. 16, Sec. 3, 62 Stat. 5, authorized to
    be appropriated the amount of $400,000,000 for compensation
    payments under sections 1751 to 1763 of this Appendix, including
    the sum of $12,000,000 for expenses of Philippine War Damage
    Commission, all appropriations under the sections remaining
    available until Apr. 30, 1951, and provided for disposition of
    Japanese reparations, including individual reparations.
      Section 1757, act Apr. 30, 1946, ch. 243, title I, Sec. 107, 60
    Stat. 132, provided penalties for false and fraudulent claims.
      Section 1758, act Apr. 30, 1946, ch. 243, title I, Sec. 108, 60
    Stat. 132, set limitation on fees for claim services and provided
    penalties for violations thereof.
      Section 1759, act Apr. 30, 1946, ch. 243, title I, Sec. 109, 60
    Stat. 132, related to the authority of the Philippine War Damage
    Commission and the prohibition on War Damage Corporation payments.
      Section 1760, act Apr. 30, 1946, ch. 243, title I, Sec. 110, 60
    Stat. 133, excluded from coverage certain enumerated classes of
    property.
      Section 1761, act Apr. 30, 1946, ch. 243, title I, Sec. 111, 60
    Stat. 133, related to transfer of surplus property, valuation of
    property and payment.
      Section 1762, act Apr. 30, 1946, ch. 243, title I, Sec. 112, 60
    Stat. 133, provided for cooperation between the Philippine War
    Damage Commission and the War Damage Corporation.
      Section 1763, act Apr. 30, 1946, ch. 243, title I, Sec. 113, 60
    Stat. 134, provided for notification of disposal and amount of
    claim, hearings and conclusiveness of findings.

-End-



-CITE-
    50 USC APPENDIX Secs. 1771 to 1776                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Secs. 1771 to 1776. Omitted

-COD-
                               CODIFICATION                           
      Section 1771, acts Apr. 30, 1946, ch. 243, title II, Sec. 201, 60
    Stat. 134; Aug. 2, 1946, ch. 741, Sec. 3, 60 Stat. 805, related to
    transfer and disposal of surplus property, by Department of State
    acting through a Foreign Liquidation Commissioner, and terms and
    conditions thereof.
      Section 1772, act Apr. 30, 1946, ch. 243, title II, Sec. 202, 60
    Stat. 134, required recordation of number, condition and value of
    transferred items and quarterly reports thereof to the President
    and Congress.
      Section 1773, act Apr. 30, 1946, ch. 243, title II, Sec. 203, 60
    Stat. 134, related to law governing disposal.
      Section 1774, act Apr. 30, 1946, ch. 243, title II, Sec. 204, 60
    Stat. 134, prohibited transfer of military equipment and toxic gas.
      Section 1775, act Apr. 30, 1946, ch. 243, title II, Sec. 205, 60
    Stat. 134, limited gross amount transferable to Commonwealth of
    Philippines, provincial governments, and chartered cities or
    municipalities to $100,000,000.
      Section 1776, act Apr. 30, 1946, ch. 243, title II, Sec. 206, 60
    Stat. 135, authorized Foreign Liquidation Commissioner to prescribe
    rules and regulations necessary for performance of his functions
    under sections 1771 to 1776 of this Appendix and to delegate any
    authority conferred upon him by the sections.

-End-



-CITE-
    50 USC APPENDIX Secs. 1781 to 1791                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Secs. 1781 to 1791. Omitted

-COD-
                               CODIFICATION                           
      Section 1781, act Apr. 30, 1946, ch. 243, title III, Sec. 301, 60
    Stat. 135, authorized to be appropriated the sum of $120,000,000
    for allocation, but not later than the fiscal year 1950, among the
    programs set forth in sections 1782 to 1785 of this Appendix and
    such additional sums as might be necessary for the purposes of
    sections 1786 to 1791 of this Appendix. Appropriations remained
    available for the purposes of sections 1782(a) and 1783(a) of this
    Appendix until June 30, 1951 under the provisions of section
    1791(e) of this Appendix.
      Section 1782, acts Apr. 30, 1946, ch. 243, title III, Sec. 302,
    60 Stat. 135; July 2, 1948, ch. 810, Sec. 1, 62 Stat. 1224, related
    to restoration and construction of roads and bridges and training
    of Filipino engineers. Section 1782(a) authority continued in
    effect until June 30, 1951, under the provisions of section 1791(e)
    of this Appendix.
      Section 1783, act Apr. 30, 1946, ch. 243, title III, Sec. 303, 60
    Stat. 135, related to rehabilitation and construction of port and
    harbor facilities and training of Filipino engineers. Section
    1783(a) authority continued in effect until June 30, 1951, under
    the provisions of section 1791(e) of this Appendix.
      Section 1784, act Apr. 30, 1946, ch. 243, title III, Sec. 304, 60
    Stat. 136, related to compensation for damage and destruction of
    public property, repairs and replacement and powers of the
    Philippine War Damage Commission.
      Section 1785, acts Apr. 30, 1946, ch. 243, title III, Sec. 305,
    60 Stat. 136; July 2, 1948, ch. 810, Sec. 2, 62 Stat. 1224, related
    to rehabilitation and improvement of public health services,
    training of Filipinos and replacement of equipment.
      Section 1786, act Apr. 30, 1946, ch. 243, title III, Sec. 306, 60
    Stat. 137, related to restoration and improvement of inter-island
    commerce and training of Filipino merchant marine personnel.
      Section 1787, act Apr. 30, 1946, ch. 243, title III, Sec. 307, 60
    Stat. 137, related to establishment and operation of inter-island
    air facilities and training of Filipino personnel.
      Section 1788, act Apr. 30, 1946, ch. 243, title III, Sec. 308, 60
    Stat. 138, related to establishment of metrological facilities and
    training of Filipino personnel.
      Section 1789, act Apr. 30, 1946, ch. 243, title III, Sec. 309, 60
    Stat. 138, related to rehabilitation and development of fisheries,
    training of Filipino personnel, operation of research and
    experimental stations and vessels and transfer of vessels.
      Section 1790, act Apr. 30, 1946, ch. 243, title III, Sec. 310, 60
    Stat. 139, provided for continuation of Coast and Geodetic surveys
    and training of Filipino personnel.
      Section 1791, acts Apr. 30, 1946, ch. 243, title III, Sec. 311,
    60 Stat. 139; July 2, 1948, ch. 810, Sec. 3, 62 Stat. 1225; Sept.
    7, 1949, ch. 545, 63 Stat. 692, related to acquisition of lands and
    easements, cooperation between Governments, rules and regulations
    governing training courses, admission to United States, and
    conditions for carrying out training and termination date. Section
    1791(e) provided for the expiration of sections 1781, 1782(b),
    1783(b), 1784 to 1791 on June 30, 1950 with the following
    exceptions. Appropriations under section 1781 for the purposes of
    sections 1782(a) and 1783(a) of this Appendix and the authority
    contained in sections 1782(a) and 1783(a) continued available and
    in effect, respectively, until June 30, 1951. Section 1791(d) last
    proviso, relating to the deportation of Filipinos designated for
    training or instruction in the United States for failure to depart
    within reasonable time fixed by regulation.


-MISC1-
                  EXTENSION OF CHARTERS; TERMINATION DATE              
      Joint Res. July 1, 1954, ch. 454, 68 Stat. 396, provided that:
    "Notwithstanding any other provisions of existing law, the
    Secretary of Commerce is authorized to extend and continue the
    present charters of vessels to citizens of the Republic of the
    Philippines, which charters were made and entered into under the
    terms of section 306(a) of the Act of April 30, 1946 (Public Law
    370, Seventy-ninth Congress) [section 1786(a) of this Appendix],
    and which charters were extended by the Secretary of Commerce under
    the terms of a joint resolution, approved June 30, 1953 (ch. 163,
    67 Stat. 110). Such charters may be further extended for such
    periods of time and under such terms and conditions as the
    Secretary may, from time to time, determine to be required in the
    interest of the economy of the Philippines, but any such charter
    shall contain a provision requiring that the vessel shall be
    operated only in the inter-island commerce in the Philippines. No
    such vessel shall be continued under charter, as authorized herein,
    beyond the completion of the first voyage terminating after June
    30, 1955."
      Similar provisions were contained in the following acts:
      Joint Res. June 30, 1953, ch. 163, 67 Stat. 110.
      Joint Res. Apr. 30, 1952, ch. 242, 66 Stat. 65.

                        LIMITATION ON EXPENDITURES                    
      Act July 23, 1946, ch. 591, title I, Sec. 101, 60 Stat. 622,
    provided in part that the total expenditure under subsec. (a) of
    section 1787 of this Appendix should not exceed $8,000,000.

-End-



-CITE-
    50 USC APPENDIX Secs. 1796, 1797                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Secs. 1796, 1797. Omitted

-COD-
                               CODIFICATION                           
      Section 1796, act Apr. 30, 1946, ch. 243, title IV, Sec. 401, 60
    Stat. 140, providing for the supervision of functions, powers and
    duties of Federal agencies and employees in carrying out the
    provisions of act Apr. 30, 1946, as amended, by the United States
    High Commissioner to the Philippines, until the Philippines
    attained their independence, was omitted, independence having been
    granted to the Philippine Islands by 1946 Proc. No. 2695, eff. July
    4, 1946, 11 F.R. 7517, 60 Stat. 1352, which was issued under the
    authority of section 1394 of Title 22, Foreign Relations and
    Intercourse, and is set out as a note under section 1394 of Title
    22.
      Section 1797, act Apr. 30, 1946, ch. 243, title IV, Sec. 402, 60
    Stat. 140, provided for the transfer of functions under act Apr.
    30, 1946, as amended, from the High Commissioner to the Philippines
    to such United States representative or representatives as the
    President might appoint on and after the date the Philippines
    attained their independence.

-End-



-CITE-
    50 USC APPENDIX Sec. 1801                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Sec. 1801. Omitted

-COD-
                               CODIFICATION                           
      Section, act Apr. 30, 1946, ch. 243, title V, Sec. 501, 60 Stat.
    140, authorized $5,000,000 to be appropriated for the restoration,
    repair of damage to and improvement of lands and buildings referred
    to in section 1394(c)(3) of Title 22, Foreign Relations and
    Intercourse, and for the acquisition or construction of additional
    buildings to house the civil agencies, including the diplomatic and
    consular establishments of the United States operating in the
    Philippine Islands.

-End-



-CITE-
    50 USC APPENDIX Sec. 1806                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    REHABILITATION OF PHILIPPINES
    ACT APR. 30, 1946, CH. 243, 60 STAT. 128

-HEAD-
    Sec. 1806. Omitted

-COD-
                               CODIFICATION                           
      Section, act Apr. 30, 1946, ch. 243, title VI, Sec. 601, 60 Stat.
    140, required an executive agreement to be entered into between the
    Presidents of the United States and the Philippines as a condition
    precedent for certain private-aid payments under sections 1751 to
    1763 of this Appendix which have been omitted from the Code.

-End-


-CITE-
    50 USC APPENDIX RETURN AND INTERMENT OF PERSONS
      BURIED OUTSIDE UNITED STATES                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    RETURN AND INTERMENT OF PERSONS BURIED OUTSIDE UNITED STATES

-HEAD-
       RETURN AND INTERMENT OF PERSONS BURIED OUTSIDE UNITED STATES   

-End-


-CITE-
    50 USC APPENDIX ACT MAY 16, 1946, CH. 261, 60
      STAT. 182                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    RETURN AND INTERMENT OF PERSONS BURIED OUTSIDE UNITED STATES
    ACT MAY 16, 1946, CH. 261, 60 STAT. 182

-HEAD-
                  ACT MAY 16, 1946, CH. 261, 60 STAT. 182              

-End-



-CITE-
    50 USC APPENDIX Secs. 1811 to 1820                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    RETURN AND INTERMENT OF PERSONS BURIED OUTSIDE UNITED STATES
    ACT MAY 16, 1946, CH. 261, 60 STAT. 182

-HEAD-
    Secs. 1811 to 1820. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 653, 654

-MISC1-
      Sections 1811 to 1820 of this Appendix terminated Dec. 31, 1951,
    pursuant to section 1818 of this Appendix. The sections remained in
    force as to any application under sections 1813 and 1814 of this
    Appendix filed prior to Dec. 31, 1951.
      Section 1811, acts May 16, 1946, ch. 261, Sec. 1, 60 Stat. 182;
    Aug. 5, 1947, ch. 497, 61 Stat. 779, contained the Congressional
    declaration of purpose for sections 1811 to 1820 of this Appendix.
      Section 1812, acts May 16, 1946, ch. 261, Sec. 2, 60 Stat. 183;
    Aug. 5, 1947, ch. 497, 61 Stat. 779; May 16, 1946, ch. 261, Sec.
    11, as added June 3, 1948, ch. 402, 62 Stat. 334, provided for
    administration by Secretary of the Army of sections 1811 to 1820 of
    this Appendix with exception of activities reserved for American
    Battle Monuments Commission by section 1819 of this Appendix.
      Section 1813, acts May 16, 1946, ch. 261, Sec. 3, 60 Stat. 183;
    Aug. 5, 1947, ch. 497, 61 Stat. 779; May 16, 1946, ch. 261, Sec.
    11, as added June 3, 1948, ch. 402, 62 Stat. 334, related to
    remains returnable and place of interment.
      Section 1814, acts May 16, 1946, ch. 261, Sec. 4, 60 Stat. 183;
    Aug. 5, 1947, ch. 497, 61 Stat. 779; May 16, 1946, ch. 261, Sec.
    11, as added June 3, 1948, ch. 402, 62 Stat. 334, related to
    interment in military cemeteries outside United States.
      Section 1815, acts May 16, 1946, ch. 261, Sec. 5, 60 Stat. 183;
    Aug. 5, 1947, ch. 497, 61 Stat. 779; May 16, 1946, ch. 261, Sec.
    11, as added June 3, 1948, ch. 402, 62 Stat. 334, provided for
    acquisition of land in foreign countries for establishment of
    cemeteries.
      Section 1816, acts May 16, 1946, ch. 261, Sec. 6, 60 Stat. 183;
    Aug. 5, 1947, ch. 497, 61 Stat. 779; May 16, 1946, ch. 261, Sec.
    11, as added June 3, 1948, ch. 402, 62 Stat. 334, authorized
    Secretary of the Army to prescribe rules and regulations to carry
    out sections 1811 to 1820 of this Appendix.
      Section 1817, acts May 16, 1946, ch. 261, Sec. 7, as added Aug.
    5, 1947, ch. 497, 61 Stat. 779, and amended May 16, 1946, ch. 261,
    Sec. 11, as added June 3, 1948, ch. 402, 62 Stat. 334, related to
    appropriations.
      Section 1818, act May 16, 1946, ch. 261, Sec. 8, as added Aug. 5,
    1947, ch. 497, 61 Stat. 779, provided for termination of sections
    1811 to 1820 of this Appendix on Dec. 31, 1951. The sections
    remained in force as to any applications under sections 1813 and
    1814 of this Appendix filed prior to Dec. 31, 1951.
      Section 1819, act May 16, 1946, ch. 261, Sec. 9, as added Aug. 5,
    1947, ch. 497, 61 Stat. 779, and amended May 16, 1946, ch. 261,
    Sec. 11, as added June 3, 1948, ch. 402, 62 Stat. 334, related to
    duties and responsibilities of American Battle Monuments Commission
    and transfer to Commission of temporary administrative functions of
    Secretary of the Army.
      Section 1820, act May 16, 1946, ch. 261, Sec. 10, as added June
    3, 1948, ch. 402, 62 Stat. 334, related to allowances for escort
    personnel.

-End-


-CITE-
    50 USC APPENDIX VETERANS' EMERGENCY HOUSING
      PROGRAM                                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM

-HEAD-
                    VETERANS' EMERGENCY HOUSING PROGRAM                

-End-


-CITE-
    50 USC APPENDIX ACT MAY 22, 1946, CH. 268, 60
      STAT. 207                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
                  ACT MAY 22, 1946, CH. 268, 60 STAT. 207              

-End-



-CITE-
    50 USC APPENDIX Sec. 1821                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Sec. 1821. Repealed. June 30, 1947, ch. 163, title I, Sec. 1(a), 61
      Stat. 193

-MISC1-
      Section, act May 22, 1946, ch. 268, Sec. 1, 60 Stat. 207, related
    to purpose, termination date, and applicability of the Veterans'
    Emergency Housing Act of 1946.
      Effect of repeal on existing allocations and priorities, see
    section 1881 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 1822                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Sec. 1822. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 653

-MISC1-
      Section, acts May 22, 1946, ch. 268, Sec. 2, 60 Stat. 208; June
    30, 1947, ch. 163, title I, Sec. 1(a), 61 Stat. 193; Oct. 15, 1949,
    ch. 695, Sec. 6(a), 63 Stat. 881, related to appointment,
    compensation, and functions of Housing Expediter.

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 30, 1948, CH. 775, 62
      STAT. 1197                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT JUNE 30, 1948, CH. 775, 62 STAT. 1197

-HEAD-
                 ACT JUNE 30, 1948, CH. 775, 62 STAT. 1197             

-End-



-CITE-
    50 USC APPENDIX Sec. 1822a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT JUNE 30, 1948, CH. 775, 62 STAT. 1197

-HEAD-
    Sec. 1822a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 654

-MISC1-
      Section, act June 30, 1948, ch. 775, Sec. 101, 62 Stat. 1197,
    related to administration of oaths by employees of Office of
    Housing Expediter.

-End-


-CITE-
    50 USC APPENDIX ACT MAY 22, 1946, CH. 268, 60
      STAT. 207                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
                  ACT MAY 22, 1946, CH. 268, 60 STAT. 207              

-End-



-CITE-
    50 USC APPENDIX Secs. 1823 to 1829                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Secs. 1823 to 1829. Repealed. June 30, 1947, ch. 163, title I, Sec.
      1(a), 61 Stat. 193

-MISC1-
      Section 1823, act May 22, 1946, ch. 268, Sec. 3, 60 Stat. 209,
    related to establishment of maximum sales prices for housing
    accommodations.
      Section 1824, act May 22, 1946, ch. 268, Sec. 4, 60 Stat. 210,
    related to establishment of material priorities.
      Section 1825, act May 22, 1946, ch. 268, Sec. 5, 60 Stat. 210,
    related to prohibited practices.
      Section 1826, act May 22, 1946, ch. 268, Sec. 6, 60 Stat. 211,
    related to review of action taken pursuant to any regulation or
    order issued under act May 22, 1946.
      Section 1827, act May 22, 1946, ch. 268, Sec. 7, 60 Stat. 211,
    related to penalties for violation of section 1825 of this
    Appendix.
      Section 1828, act May 22, 1946, ch. 268, Sec. 8, 60 Stat. 211,
    related to definitions.
      Section 1829, act May 22, 1946, ch. 268, Sec. 9, 60 Stat. 212,
    related to authorization of appropriations.

-End-



-CITE-
    50 USC APPENDIX Sec. 1830                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Sec. 1830. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 22, 1946, ch. 268, Sec. 10, 60 Stat. 212,
    amended sections 603(a), 603(b)(2), 603(b)(5), 603(c), 604(b),
    608(b)(2), (3)(C) and 608(c) of the National Housing Act, as
    amended, sections 1738(a), 1738(b)(2), 1738(b)(5), 1738(c),
    1739(b), 1743(b)(2), (3)(C) and 1743(c) of Title 12, Banks and
    Banking, respectively. The amendments are incorporated in the
    latter sections.

-End-



-CITE-
    50 USC APPENDIX Secs. 1831, 1832                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Secs. 1831, 1832. Repealed. June 30, 1947, ch. 163, title I, Sec.
      1(a), 61 Stat. 193

-MISC1-
      Section 1831, act May 22, 1946, ch. 268, Sec. 11, 60 Stat. 214,
    related to subsidies for prefabricated houses.
      Section 1832, act May 22, 1946, ch. 268, Sec. 12, 60 Stat. 215,
    related to guaranty of markets for prefabricated houses.
      Effect of repeal on existing allocations and priorities, see
    section 1881 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 1833                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    VETERANS' EMERGENCY HOUSING PROGRAM
    ACT MAY 22, 1946, CH. 268, 60 STAT. 207

-HEAD-
    Sec. 1833. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 22, 1946, ch. 268, Sec. 13, 60 Stat. 215,
    contained a saving clause.

-End-


-CITE-
    50 USC APPENDIX NAVAL VESSELS AS ATOMIC TARGETS             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL VESSELS AS ATOMIC TARGETS

-HEAD-
                      NAVAL VESSELS AS ATOMIC TARGETS                  

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 25, 1946, CH. 487, 60
      STAT. 308                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL VESSELS AS ATOMIC TARGETS
    ACT JUNE 25, 1946, CH. 487, 60 STAT. 308

-HEAD-
                 ACT JUNE 25, 1946, CH. 487, 60 STAT. 308             

-End-



-CITE-
    50 USC APPENDIX Secs. 1841 to 1845                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL VESSELS AS ATOMIC TARGETS
    ACT JUNE 25, 1946, CH. 487, 60 STAT. 308

-HEAD-
    Secs. 1841 to 1845. Omitted

-COD-
                               CODIFICATION                           
      Sections 1841 to 1845 terminated June 25, 1948, pursuant to
    section 5 of act June 25, 1946.
      Section 1841, act June 25, 1946, ch. 487, Sec. 1, 60 Stat. 308,
    related to use of vessels as targets for atomic weapons.
      Section 1842, act June 25, 1946, ch. 487, Sec. 2, 60 Stat. 308,
    related to disposal of vessels after experiments.
      Section 1843, act June 25, 1946, ch. 487, Sec. 3, 60 Stat. 308,
    related to number of combatant vessels to be employed.
      Section 1844, act June 25, 1946, ch. 487, Sec. 4, 60 Stat. 309,
    related to safeguarding of information on results of tests.
      Section 1845, act June 25, 1946, ch. 487, Sec. 4A, 60 Stat. 309,
    related to appointment and compensation of an advisory board.

-End-


-CITE-
    50 USC APPENDIX ADMISSION OF ALIEN FIANCEES INTO
      UNITED STATES                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMISSION OF ALIEN FIANCEES INTO UNITED STATES

-HEAD-
              ADMISSION OF ALIEN FIANCEES INTO UNITED STATES          

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 29, 1946, CH. 520, 60
      STAT. 339                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMISSION OF ALIEN FIANCEES INTO UNITED STATES
    ACT JUNE 29, 1946, CH. 520, 60 STAT. 339

-HEAD-
                 ACT JUNE 29, 1946, CH. 520, 60 STAT. 339             

-End-



-CITE-
    50 USC APPENDIX Secs. 1851 to 1855                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    ADMISSION OF ALIEN FIANCEES INTO UNITED STATES
    ACT JUNE 29, 1946, CH. 520, 60 STAT. 339

-HEAD-
    Secs. 1851 to 1855. Omitted

-COD-
                               CODIFICATION                           
      Sections 1851 to 1855 were omitted as terminated pursuant to
    section 1851 of this Appendix.
      Section 1851, acts June 29, 1946, ch. 520, Sec. 1, 60 Stat. 339;
    June 28, 1947, ch. 160, 61 Stat. 190; Mar. 24, 1948, ch. 141, Secs.
    1, 2, 62 Stat. 84, related to the admission of alien fiancees or
    fiances of members of the armed forces, on or before Dec. 31, 1948.
      Section 1852, act June 29, 1946, ch. 520, Sec. 2, 60 Stat. 340,
    related to deportation upon nonoccurrence of marriage.
      Section 1853, act June 29, 1946, ch. 520, Sec. 3, 60 Stat. 340,
    related to regulations governing functions of diplomatic or
    consular officers.
      Section 1854, act June 29, 1946, ch. 520, Sec. 4, 60 Stat. 340,
    related to regulations governing functions of the Immigration and
    Naturalization Service.
      Section 1855, act June 29, 1946, ch. 520, Sec. 5, 60 Stat. 340,
    defined the period of World War II.


-MISC1-
                  COMPLETION OF PROCESSING OF VISA CASES              
      Act Apr. 21, 1949, ch. 85, 63 Stat. 56, provided for the
    completion of processing of cases of the alien fiances or fiancees
    of citizens of the United States pending on Dec. 31, 1948 under
    sections 1851 to 1855 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX MILITARY ASSISTANCE TO
      PHILIPPINE REPUBLIC                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY ASSISTANCE TO PHILIPPINE REPUBLIC

-HEAD-
                MILITARY ASSISTANCE TO PHILIPPINE REPUBLIC            

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 26, 1946, CH. 500, 60
      STAT. 315                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY ASSISTANCE TO PHILIPPINE REPUBLIC
    ACT JUNE 26, 1946, CH. 500, 60 STAT. 315

-HEAD-
                 ACT JUNE 26, 1946, CH. 500, 60 STAT. 315             

-End-



-CITE-
    50 USC APPENDIX Secs. 1861 to 1866                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    MILITARY ASSISTANCE TO PHILIPPINE REPUBLIC
    ACT JUNE 26, 1946, CH. 500, 60 STAT. 315

-HEAD-
    Secs. 1861 to 1866. Omitted

-COD-
                               CODIFICATION                           
      Sections 1861 to 1866 of this Appendix terminated July 4, 1951,
    under the provisions of act June 26, 1946, ch. 500, Sec. 8, 60
    Stat. 316.
      Section 1861, act June 26, 1946, ch. 500, Sec. 2, 60 Stat. 315,
    authorized the President to provide military assistance upon
    application by the Philippines.
      Section 1862, act June 26, 1946, ch. 500, Sec. 3, 60 Stat. 315,
    related to terms and conditions for military assistance to the
    Philippines.
      Section 1863, act June 26, 1946, ch. 500, Sec. 4, 60 Stat. 315,
    set forth condition precedent to receipt of assistance.
      Section 1864, act June 26, 1946, ch. 500, Sec. 5, 60 Stat. 315,
    related to detail of personnel of United States armed forces to
    Philippine Government and their compensation and emoluments.
      Section 1865, act June 26, 1946, ch. 500, Sec. 6, 60 Stat. 316,
    related to appropriations and limitation on amount of assistance.
      Section 1866, act June 26, 1946, ch. 500, Sec. 7, 60 Stat. 316,
    related to authority to promulgate rules and regulations,
    delegation of authority by President and transfer of property.

-End-


-CITE-
    50 USC APPENDIX NAVAL AID TO CHINA                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO CHINA

-HEAD-
                            NAVAL AID TO CHINA                        

-End-


-CITE-
    50 USC APPENDIX ACT JULY 16, 1946, CH. 580, 60
      STAT. 539                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO CHINA
    ACT JULY 16, 1946, CH. 580, 60 STAT. 539

-HEAD-
                 ACT JULY 16, 1946, CH. 580, 60 STAT. 539             

-End-



-CITE-
    50 USC APPENDIX Secs. 1871, 1872                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO CHINA
    ACT JULY 16, 1946, CH. 580, 60 STAT. 539

-HEAD-
    Secs. 1871, 1872. Omitted

-COD-
                               CODIFICATION                           
      Sections 1871 and 1872 terminated July 16, 1951, pursuant to
    section 3 of act July 16, 1946.
      Section 1871, act July 16, 1946, ch. 580, Sec. 1, 60 Stat. 539,
    related to furnishing of naval services, training and vessels to
    Republic of China and to restrictions on vessel disposals.
      Section 1872, act July 16, 1946, ch. 580, Sec. 2, 60 Stat. 539,
    related to detail of Naval and Marine Corps personnel and
    restrictions on service.

-End-


-CITE-
    50 USC APPENDIX NAVAL AID TO FOREIGN NATIONS                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS

-HEAD-
                       NAVAL AID TO FOREIGN NATIONS                   

-End-


-CITE-
    50 USC APPENDIX ACT JULY 8, 1952, CH. 591, 66
      STAT. 443                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT JULY 8, 1952, CH. 591, 66 STAT. 443

-HEAD-
                  ACT JULY 8, 1952, CH. 591, 66 STAT. 443              

-End-



-CITE-
    50 USC APPENDIX Sec. 1876                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT JULY 8, 1952, CH. 591, 66 STAT. 443

-HEAD-
    Sec. 1876. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 8, 1952, ch. 591, 66 Stat. 443, authorized loan
    to Japanese Government of eighteen patrol frigates and fifty
    landing craft suitable for patrol purposes for an initial five year
    period and for an additional requested five year period and
    provided for return of the vessels in substantially the original
    condition.

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 5, 1953, CH. 321, 67
      STAT. 363                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT AUG. 5, 1953, CH. 321, 67 STAT. 363

-HEAD-
                  ACT AUG. 5, 1953, CH. 321, 67 STAT. 363              

-End-



-CITE-
    50 USC APPENDIX Secs. 1878 to 1878d                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT AUG. 5, 1953, CH. 321, 67 STAT. 363

-HEAD-
    Secs. 1878 to 1878d. Omitted

-COD-
                               CODIFICATION                           
      Section 1878, act Aug. 5, 1953, ch. 321, Sec. 1, 67 Stat. 363,
    authorized loan of two submarines to Italian Government for five
    year period to provide training for Italian units in antisubmarine
    warfare.
      Section 1878a, acts Aug. 5, 1953, ch. 321, Sec. 2, 67 Stat. 363;
    July 26, 1955, ch. 376, 69 Stat. 373, authorized loan of a small
    aircraft carrier to French Government until June 30, 1958.
      Section 1878b, act Aug. 5, 1953, ch. 321, Sec. 3, 67 Stat. 363,
    conditioned loan of submarines and aircraft carrier to return of
    the vessels in substantially the original condition unless damaged
    or lost through enemy action.
      Section 1878c, acts Aug. 5, 1953, ch. 321, Sec. 4, 67 Stat. 363;
    Aug. 3, 1956, ch. 914, Sec. 1(a), (b), 70 Stat. 967, made available
    to friendly foreign nations in the Far Eastern or European area
    naval vessels not larger than destroyers, twenty-five in number,
    and assorted minor miscellaneous craft, naval services, training,
    technical advice, facilities and equipment, with or without
    reimbursement and subject to appropriate terms and conditions;
    required the Secretary of Defense to determine the transfers to be
    in the best interests of the United States and to report the
    transfers to Congress; authorized promulgation of rules and
    regulations; prohibited communication of secret or top secret
    classifications; and prescribed Dec. 31, 1957, as termination date
    for executive exercise of naval vessel transfer authority under
    this section.
      Section 1878d, acts Aug. 5, 1953, ch. 321, Sec. 5, 67 Stat. 363;
    Aug. 3, 1956, ch. 914, Sec. 1(c), 70 Stat. 967, provided for the
    charging of activation expenses (submarines, air carrier, and other
    vessels) to funds programed for recipient Governments under Mutual
    Security Act of 1954, or to funds provided by recipient Governments
    under reimbursable provisions of such Act.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 85-532, JULY 18, 1958,
           72 STAT. 376                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8509532, JULY 18, 1958, 72 STAT. 376

-HEAD-
                PUB. L. 85-532, JULY 18, 1958, 72 STAT. 376            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878e to 1878i                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8509532, JULY 18, 1958, 72 STAT. 376

-HEAD-
    Secs. 1878e to 1878i. Omitted

-COD-
                               CODIFICATION                           
      Section 1878e, Pub. L. 85-532, Sec. 1, July 18, 1958, 72 Stat.
    376, authorized extension of loan of aircraft carrier to French
    Government until June 30, 1960 [originally until June 30, 1958,
    under section 1878a of this Appendix], and made available to
    friendly foreign nations destroyers, destroyer escorts, and
    submarines from the reserve fleet, as follows: North Atlantic
    Treaty Organization and European area, nineteen ships; Latin
    American area, eighteen ships; Far Eastern area, four ships;
    emergency loans, two ships, and authorized promulgation of rules
    and regulations.
      Section 1878f, Pub. L. 85-532, Sec. 2, July 18, 1958, 72 Stat.
    376, limited the loans to five year periods terminable earlier
    because of defense requirements of United States.
      Section 1878g, Pub. L. 85-532, Sec. 3, July 18, 1958, 72 Stat.
    376, provided for the charging of activation, rehabilitation, and
    outfitting expenses to funds programed for recipient government
    under Mutual Security Act of 1954, or to funds provided by
    recipient government under reimbursable provisions of such Act and
    for reimbursement of recipient government by Secretary of Defense
    on a pro rata basis for funds provided by it under the reimbursable
    provisions where loan was terminated prior to the expiration date.
      Section 1878h, Pub. L. 85-532, Sec. 4, July 18, 1958, 72 Stat.
    376, required Secretary of Defense to determine transfers to be in
    best interests of United States and to report transfers to
    Congress.
      Section 1878i, Pub. L. 85-532, Sec. 5, July 18, 1958, 72 Stat.
    376, prescribed Dec. 31, 1960, as termination date for executive
    exercise of naval vessel transfer authority under sections 1878e to
    1878i of this Appendix.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 86-57, JUNE 23, 1959, 73
           STAT. 90                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 860957, JUNE 23, 1959, 73 STAT. 90

-HEAD-
                 PUB. L. 86-57, JUNE 23, 1959, 73 STAT. 90             

-End-



-CITE-
    50 USC APPENDIX Secs. 1878j to 1878l                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 860957, JUNE 23, 1959, 73 STAT. 90

-HEAD-
    Secs. 1878j to 1878l. Omitted

-COD-
                               CODIFICATION                           
      Section 1878j, Pub. L. 86-57, Secs. 1, 2, June 23, 1959, 73 Stat.
    90, authorized extension of loans of: two submarines to Italian
    Government (originally authorized by sections 1878 to 1878d of this
    Appendix), two submarines to Turkish Government (originally
    authorized by section 1879 of this Appendix), and two destroyers to
    Government of Republic of China (originally authorized by sections
    1878 to 1878d of this Appendix), subject to appropriate terms and
    conditions, and authorized promulgation of rules and regulations.
      Section 1878k, Pub. L. 86-57, Sec. 3, June 23, 1959, 73 Stat. 90,
    limited extension of loans to a five year period terminable earlier
    because of defense requirements of United States.
      Section 1878l, Pub. L. 86-57, Sec. 4, June 23, 1959, 73 Stat. 90,
    required Secretary of Defense to determine extension of loans to be
    in best interest of United States and to report extensions to
    Congress.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 86-482, JUNE 1, 1960, 74
           STAT. 153                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8609482, JUNE 1, 1960, 74 STAT. 153

-HEAD-
                PUB. L. 86-482, JUNE 1, 1960, 74 STAT. 153            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878m to 1878p                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8609482, JUNE 1, 1960, 74 STAT. 153

-HEAD-
    Secs. 1878m to 1878p. Omitted

-COD-
                               CODIFICATION                           
      Section 1878m, Pub. L. 86-482, Secs. 1, 2, June 1, 1960, 74 Stat.
    153, authorized extension of loan of one destroyer to Government of
    Republic of China (originally authorized by sections 1878 to 1878d
    of this Appendix), subject to appropriate terms and conditions, and
    authorized promulgation of rules and regulations.
      Section 1878n, Pub. L. 86-482, Sec. 3, June 1, 1960, 74 Stat.
    153, limited extension of loans to a five year period terminable
    earlier because of defense requirements of United States.
      Section 1878o, Pub. L. 86-482, Sec. 4, June 1, 1960, 74 Stat.
    153, required Secretary of Defense to determine extension of loans
    to be in best interest of United States and to report extensions to
    Congress.
      Section 1878p, Pub. L. 86-482, Sec. 5, June 1, 1960, 74 Stat.
    153, authorized loan of one submarine to Canadian Government for a
    five year period and extension of the loan for a similar period,
    required the Canadian Government to pay for activation expenses,
    and prescribed Dec. 31, 1961, as termination date for executive
    exercise of submarine transfer authority under this section.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 87-387, OCT. 4, 1961, 75
           STAT. 815                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8709387, OCT. 4, 1961, 75 STAT. 815

-HEAD-
                PUB. L. 87-387, OCT. 4, 1961, 75 STAT. 815            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878q to 1878x                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8709387, OCT. 4, 1961, 75 STAT. 815

-HEAD-
    Secs. 1878q to 1878x. Omitted

-COD-
                               CODIFICATION                           
      Sections 1878q to 1878x terminated pursuant to section 1878x of
    this Appendix.
      Section 1878q, Pub. L. 87-387, Secs. 1, 2, Oct. 4, 1961, 75 Stat.
    815, authorized extension of loans of two destroyer escorts to
    Portuguese Government and two destroyers to Spanish Government
    (originally authorized by sections 1878 to 1878d of this Appendix),
    subject to appropriate terms and conditions.
      Section 1878r, Pub. L. 87-387, Sec. 3, Oct. 4, 1961, 75 Stat.
    815, limited extension of existing loans to a five year period
    terminable earlier because of defense requirements of United
    States.
      Section 1878s, Pub. L. 87-387, Sec. 4, Oct. 4, 1961, 75 Stat.
    815, made available to friendly foreign nations destroyers,
    destroyer escorts, and submarines from the Reserve Fleet, as
    follows: North Atlantic Treaty Organization and European area, six
    ships; Southern Asia, two ships; Far Eastern area, six ships;
    emergency loans, two ships, for replacement of loaned vessels lost
    by enemy action or by an act of God.
      Section 1878t, Pub. L. 87-387, Sec. 5, Oct. 4, 1961, 75 Stat.
    815, limited new loans to five year periods terminable earlier
    because of defense requirements of United States.
      Section 1878u, Pub. L. 87-387, Sec. 6, Oct. 4, 1961, 75 Stat.
    815, provided for the charging of activation, rehabilitation, and
    outfitting expenses to funds programed for recipient government
    under Mutual Security Act of 1954, or successor legislation, or to
    funds provided by recipient government.
      Section 1878v, Pub. L. 87-387, Sec. 7, Oct. 4, 1961, 75 Stat.
    815, required Secretary of Defense to determine loans or extension
    of loans to be in best interest of United States and to report
    loans or extensions to Congress.
      Section 1878w, Pub. L. 87-387, Sec. 8, Oct. 4, 1961, 75 Stat.
    815, authorized promulgation of rules and regulations.
      Section 1878x, Pub. L. 87-387, Sec. 9, Oct. 4, 1961, 75 Stat.
    815, prescribed Dec. 31, 1963, as termination date for executive
    exercise of naval vessel transfer authority under sections 1878q to
    1878x of this Appendix.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 88-437, AUG. 14, 1964,
           78 STAT. 444                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8809437, AUG. 14, 1964, 78 STAT. 444

-HEAD-
                PUB. L. 88-437, AUG. 14, 1964, 78 STAT. 444            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878y to 1878bb                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8809437, AUG. 14, 1964, 78 STAT. 444

-HEAD-
    Secs. 1878y to 1878bb. Omitted

-COD-
                               CODIFICATION                           
      Section 1878y, Pub. L. 88-437, Sec. 1, Aug. 14, 1964, 78 Stat.
    444, authorized extension of loan of ships, subject to appropriate
    terms and conditions, as follows: Argentina, two submarines, and
    Brazil, two destroyers (authorized by sections 1878e to 1878i of
    this Appendix); China, four destroyers (authorized by sections 1878
    to 1878d of this Appendix); Germany, five destroyers, and Greece,
    four destroyers (authorized by sections 1878e to 1878i of this
    Appendix); Italy, three submarines, and Japan, one submarine, four
    destroyers, two destroyer escorts (authorized by sections 1878 to
    1878i of this Appendix); Netherlands, two submarines (authorized by
    Act July 11, 1952, 66 Stat. 587, as amended); Peru, one destroyer,
    Spain, one submarine, three destroyers, and Thailand, one destroyer
    escort (authorized by sections 1878e to 1878i of this Appendix);
    and Turkey, five submarines (authorized by sections 1878e to 1878i
    and 1879 of this Appendix).
      Section 1878z, Pub. L. 88-437, Sec. 2, Aug. 14, 1964, 78 Stat.
    444, limited extension of loans to a five year period and to an
    additional five year period, terminable earlier because of defense
    requirements of United States.
      Section 1878aa, Pub. L. 88-437, Sec. 3, Aug. 14, 1964, 78 Stat.
    444, required Secretary of Defense to determine extension of loans
    to be in best interest of United States and to report extensions to
    Congress.
      Section 1878bb, Pub. L. 88-437, Sec. 4, Aug. 14, 1964, 78 Stat.
    444, authorized promulgation of rules and regulations.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 89-324, NOV. 5, 1965, 79
           STAT. 1214                                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8909324, NOV. 5, 1965, 79 STAT. 1214

-HEAD-
                PUB. L. 89-324, NOV. 5, 1965, 79 STAT. 1214            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878cc to 1878mm                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8909324, NOV. 5, 1965, 79 STAT. 1214

-HEAD-
    Secs. 1878cc to 1878mm. Omitted

-COD-
                               CODIFICATION                           
      Sections 1878cc to 1878mm terminated pursuant to section 1878mm
    of this Appendix.
      Section 1878cc, Pub. L. 89-324, title I, Sec. 101, Nov, 5, 1965,
    79 Stat. 1214, authorized loan of two submarines to Italy and one
    helicopter carrier to Spain from reserve fleet, subject to
    appropriate terms and conditions.
      Section 1878dd, Pub. L. 89-324, title I, Sec. 102, Nov. 5, 1965,
    79 Stat. 1214, provided for charging of activation, rehabilitation,
    and outfitting expenses to funds provided by recipient government
    under reimbursable provisions of the Foreign Assistance Act of
    1961, or successor legislation, for vessels transferred under
    section 1878cc of this Appendix.
      Section 1878ee, Pub. L. 89-324, title II, Sec. 201, Nov. 5, 1965,
    79 Stat. 1214, authorized sale or loan of two and three destroyers
    to Argentina and Brazil from reserve fleet, subject to appropriate
    terms and conditions.
      Section 1878ff, Pub. L. 89-324, title II, Sec. 202, Nov. 5, 1965,
    79 Stat. 1214, provided for charging of activation, rehabilitation,
    and outfitting expenses to funds provided by recipient government
    under reimbursable provisions of Foreign Assistance Act of 1961, or
    successor legislation for vessels transferred under section 1878ee
    of this Appendix.
      Section 1878gg, Pub. L. 89-324, title II, Sec. 203, Nov. 5, 1965,
    79 Stat. 1214, required stricken from the Naval Vessel Register
    vessels up for sale and sold for not less than $1,000,000 each plus
    cost of activation, overhaul, or modification under Foreign
    Assistance Act of 1961, or successor legislation.
      Section 1878hh, Pub. L. 89-324, title III, Sec. 301, Nov. 5,
    1965, 79 Stat. 1214, authorized loan of two destroyers to Turkey
    and one destroyer escort to Philippines from reserve fleet, subject
    to appropriate terms and conditions.
      Section 1878ii, Pub. L. 89-324, title III, Sec. 302, Nov. 5,
    1965m, 79 Stat. 1214, provided for charging of activation,
    rehabilitation, and outfitting expenses to funds programed for
    recipient government as grant military assistance, or as
    reimbursable, under provisions of Foreign Assistance Act of 1961,
    or successor legislation for vessels transferred under section
    1878hh of this Appendix.
      Section 1878jj, Pub. L. 89-324, title IV, Sec. 401, Nov. 5, 1965,
    79 Stat. 1215, limited loans to five year periods and an additional
    five year extension, terminable earlier because of defense
    requirements of United States.
      Section 1878kk, Pub. L. 89-324, title IV, Sec. 402, Nov. 5, 1965,
    79 Stat. 1215, required Secretary of Defense to determine sales or
    loans to be in best interest of United States and to report sales
    or loans to Congress.
      Section 1878ll, Pub. L. 89-324, title IV, Sec. 403, Nov. 5, 1965,
    79 Stat. 1215, authorized promulgation of rules and regulations.
      Section 1878mm, Pub. L. 89-324, title IV, Sec. 404, Nov. 5, 1965,
    79 Stat. 1215, prescribed Dec. 31, 1967, as termination for
    executive exercise of naval vessel sale or loan authority under
    sections 1878cc to 1878mm of this Appendix.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 89-398, APR. 16, 1966,
           80 STAT. 121                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8909398, APR. 16, 1966, 80 STAT. 121

-HEAD-
                PUB. L. 89-398, APR. 16, 1966, 80 STAT. 121            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878nn to 1878ss                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 8909398, APR. 16, 1966, 80 STAT. 121

-HEAD-
    Secs. 1878nn to 1878ss. Omitted

-COD-
                               CODIFICATION                           
      Sections 1878nn to 1878ss terminated Dec. 31, 1967, pursuant to
    section 1878ss of this Appendix.
      Section 1878nn, Pub. L. 89-398, Sec. 1, Apr. 16, 1966, 80 Stat.
    121, authorized loan to Republic of China of one destroyer and one
    destroyer escort from reserve fleet subject to appropriate terms
    and conditions.
      Section 1878oo, Pub. L. 89-398, Sec. 2, Apr. 16, 1966, 80 Stat.
    121, which provided for charging of activation, rehabilitation, and
    outfitting expense to funds programed for recipient government as
    grant military assistance, or as reimbursable, under provisions of
    Foreign Assistance Act of 1961, or successor legislation.
      Section 1878pp, Pub. L. 89-398, Sec. 3, Apr. 16, 1966, 80 Stat.
    121, limited loans to five year periods with provision for a five
    year extension, terminable earlier because of defense requirements
    of United States.
      Section 1878qq, Pub. L. 89-398, Sec. 4, Apr. 16, 1966, 80 Stat.
    121, required Secretary of Defense to determine loans to be in best
    interest of United States and to report extensions or loans to
    Congress.
      Section 1878rr, Pub. L. 89-398, Sec. 5, Apr. 16, 1966, 80 Stat.
    121, authorized promulgation of rules and regulations.
      Section 1878ss, Pub. L. 89-398, Sec. 6, Apr. 16, 1966, 80 Stat.
    121, prescribed Dec. 31, 1967, as termination date for executive
    exercise of naval vessel loan authority under sections 1878nn to
    1878ss of this Appendix.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 90-224, DEC. 26, 1967,
           81 STAT. 729                                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9009224, DEC. 26, 1967, 81 STAT. 729

-HEAD-
                PUB. L. 90-224, DEC. 26, 1967, 81 STAT. 729            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878tt to 1878xx                      01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9009224, DEC. 26, 1967, 81 STAT. 729

-HEAD-
    Secs. 1878tt to 1878xx. Omitted

-COD-
                               CODIFICATION                           
      Section 1878tt, Pub. L. 90-224, Sec. 1, Dec. 26, 1967, 81 Stat.
    729, authorized extension of loan of ships subject to appropriate
    terms and conditions, as follows: Argentina, three destroyers,
    Brazil, two destroyers and two submarines, Chile, two submarines
    and two destroyers, and Columbia, one destroyer (authorized by
    sections 1878e to 1878i of this Appendix); Federal Republic of
    Germany, one destroyer (authorized by sections 1878 to 1878d of
    this Appendix): Greece, one submarine, and two destroyers
    (authorized by sections 1878 to 1878d and 1878q to 1878x of this
    Appendix); Korea, two destroyer escorts and one destroyer and one
    destroyer escort (authorized by sections 1878 to 1878d and 1878q to
    1878x of this Appendix); Portugal, two destroyer escorts, and
    Spain, two destroyers (authorized by sections 1878 to 1878d of this
    Appendix); and Peru, one destroyer (authorized by sections 1878e to
    1878i of this Appendix).
      Section 1878uu, Pub. L. 90-224, Sec. 2, Dec. 26, 1967, 81 Stat.
    729, authorized additional loan of two destroyers to Korean
    Government and one destroyer to Republic of China, with or without
    reimbursement, subject to appropriate terms and conditions;
    provided for charging activation, rehabilitation, and outfitting
    expenses to funds programed for recipient government as grant
    military assistance, or as reimbursable, under provision of Foreign
    Assistance Act of 1961, or successor legislation; and prescribed
    Dec. 31, 1969, as termination date for executive exercise of naval
    vessel loan authority under this section.
      Section 1878vv, Pub. L. 90-224, Sec. 3, Dec. 26, 1967, 81 Stat.
    729, authorized new loans and loan extensions for five year
    periods, and an additional five year extension, terminable: for
    acts of warfare by armed forces of borrowing country against a
    country party to a mutual defense treaty ratified by the United
    States; upon an executive finding of seizure of United States
    fishing vessels on account of fishing activities in international
    waters by country party to the agreement, except in cases governed
    by international agreement to which United States is a party; and
    earlier because of defense requirements of the United States.
      Section 1878ww, Pub. L. 90-224, Sec. 4, Dec. 26, 1967, 81 Stat.
    730, required Secretary of Defense to determine loans or extension
    of loans to be in best interest of United States and to report
    loans or extensions to Congress.
      Section 1878xx, Pub. L. 90-224, Sec. 5, Dec. 26, 1967, 81 Stat.
    730, authorized promulgation of rules and regulations.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 91-682, JAN. 12, 1971,
           84 STAT. 2066                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9109682, JAN. 12, 1971, 84 STAT. 2066

-HEAD-
               PUB. L. 91-682, JAN. 12, 1971, 84 STAT. 2066           

-End-



-CITE-
    50 USC APPENDIX Secs. 1878yy to 1878zz-3                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9109682, JAN. 12, 1971, 84 STAT. 2066

-HEAD-
    Secs. 1878yy to 1878zz-3. Omitted

-COD-
                               CODIFICATION                           
      Section 1878yy, Pub. L. 91-682, Sec. 1, Jan. 12, 1971, 84 Stat.
    2066, authorized extension of loans, subject to appropriate terms
    and conditions, of one submarine to Greece and Pakistan (authorized
    under sections 1878q to 1878x of this Appendix).
      Section 1878zz, Pub. L. 91-682, Sec. 2, Jan. 12, 1971, 84 Stat.
    2066, authorized additional loans of two destroyer escorts to
    Republic of Vietnam and two destroyers and two submarines to
    Turkish Government, with or without reimbursement, subject to
    appropriate terms and conditions, provided for the charging of
    activation, rehabilitation, and outfitting expenses to funds
    programed for recipient government as grant military assistance
    under provisions of Foreign Assistance Act of 1961, or successor
    legislation, or to funds provided by the recipient government, and
    prescribed Dec. 31, 1971, as termination date for executive
    exercise of naval vessel loan authority under this section.
      Section 1878zz-1, Pub. L. 91-682, Sec. 3, Jan. 12, 1971, 84 Stat.
    2066, authorized new loans and loan extensions for five year
    periods, and additional five year extensions, terminable for acts
    of warfare by armed forces of borrowing country against a country
    party to a mutual defense treaty ratified by the United States and
    earlier because of defense requirements of the United States.
      Section 1878zz-2, Pub. L. 91-682, Sec. 4, Jan. 12, 1971, 84 Stat.
    2067, required Secretary of Defense to determine loans or extension
    of loans to be in best interest of United States and to report
    loans or extensions to Congress.
      Section 1878zz-3, Pub. L. 91-682, Sec. 5, Jan. 12, 1971, 84 Stat.
    2067, authorized promulgation of rules and regulations.

-End-


-CITE-
    50 USC APPENDIX PUB. L. 92-270, APR. 6, 1972, 86
           STAT. 118                                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9209270, APR. 6, 1972, 86 STAT. 118

-HEAD-
                PUB. L. 92-270, APR. 6, 1972, 86 STAT. 118            

-End-



-CITE-
    50 USC APPENDIX Secs. 1878zz-4 to 1878zz-8                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    PUB. L. 9209270, APR. 6, 1972, 86 STAT. 118

-HEAD-
    Secs. 1878zz-4 to 1878zz-8. Omitted

-COD-
                               CODIFICATION                           
      Section 1878zz-4, Pub. L. 92-270, Sec. 1, Apr. 6, 1972, 86 Stat.
    118, authorized loan of additional naval vessels, with or without
    reimbursement, and subject to appropriate terms and conditions, as
    follows: five destroyers and two submarines, Spanish Government;
    one destroyer and two submarines, Turkish Government; two
    destroyers, Greek Government; two destroyers, Republic of Korea;
    and two submarines, Italian Government; provided for the charging
    of activation, rehabilitation, and outfitting expenses to funds
    programed for recipient government as grant military assistance
    under provisions of Foreign Assistance Act of 1961, or successor
    legislation, or to funds provided by recipient government; and
    prescribed Dec. 31, 1974, as termination date for executive
    exercise of naval vessel loan authority under this section.
      Section 1878zz-5, Pub. L. 92-270, Sec. 2, Apr. 6, 1972, 86 Stat.
    118, limited loan of ships to five-year period, required
    designation by Secretary of Defense of place of return, and made
    loans terminable for acts of warfare by armed forces of borrowing
    country against a country party to a mutual defense treaty ratified
    by United States and earlier where no longer contributory to
    defense requirements of United States.
      Section 1878zz-6, Pub. L. 92-270, Sec. 3, Apr. 6, 1972, 86 Stat.
    118, required Secretary of Defense to determine loans to be in best
    interest of United States and to report loans and loan extensions
    to Congress.
      Section 1878zz-7, Pub. L. 92-270, Sec. 4, Apr. 6, 1972, 86 Stat.
    118, authorized promulgation of rules and regulations.
      Section 1878zz-8, Pub. L. 92-270, Sec. 5, Apr. 6, 1972, 86 Stat.
    118, prohibited construction of a loan as a commitment to defense
    of borrowing country.

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 7, 1953, CH. 347, 67
      STAT. 471                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT AUG. 7, 1953, CH. 347, 67 STAT. 471

-HEAD-
                  ACT AUG. 7, 1953, CH. 347, 67 STAT. 471              

-End-



-CITE-
    50 USC APPENDIX Sec. 1879                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    NAVAL AID TO FOREIGN NATIONS
    ACT AUG. 7, 1953, CH. 347, 67 STAT. 471

-HEAD-
    Sec. 1879. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 7, 1953, ch. 347, 67 Stat. 471, provided for
    loan of two submarines to Turkish Government for a five year
    period, subject to agreement for their return in substantially the
    original condition, and for charging activation expenses to funds
    programed for Turkish Government under Mutual Security Act.

-End-


-CITE-
    50 USC APPENDIX HOUSING AND RENT ACTS                       01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS

-HEAD-
                           HOUSING AND RENT ACTS                       

-End-


-CITE-
    50 USC APPENDIX ACTS JUNE 30, 1947, CH. 163, 61
      STAT. 193; MAR. 30, 1948, CH. 161, 62
      STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT.
      18; JUNE 23, 1950, CH. 354, 64 STAT. 255             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             

-HEAD-
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
    62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23, 1950, CH.
                             354, 64 STAT. 255


-MISC1-
                   TITLE I - AMENDMENTS TO EXISTING LAW               
    Sec.                                                     
    1881 to 1884. Omitted.                                            

                         TITLE II - MAXIMUM RENTS                     
    1891 to 1894. Omitted.                                            
    1894a.      Defense Areas Advisory Committee; creation;
                 composition; duties.                                 
    1895 to 1910. Omitted or Repealed.                                

-End-


-CITE-
    50 USC APPENDIX TITLE I - AMENDMENTS TO EXISTING
           LAW                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE I - AMENDMENTS TO EXISTING LAW

-HEAD-
                   TITLE I - AMENDMENTS TO EXISTING LAW               

-End-



-CITE-
    50 USC APPENDIX Secs. 1881 to 1884                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE I - AMENDMENTS TO EXISTING LAW

-HEAD-
    Secs. 1881 to 1884. Omitted

-COD-
                               CODIFICATION                           
      Section 1881, acts June 30, 1947, ch. 163, title I, Sec. 1, 61
    Stat. 193; Mar. 30, 1948, ch. 161, title I, Sec. 2, 62 Stat. 93,
    repealed in part Veterans' Emergency Housing Act of 1946, sections
    1821, 1822(b)-(d), 1823 to 1829, 1831, and 1832 of this Appendix,
    and provided continuing allocations made or priorities granted for
    delivery of housing materials or facilities under regulation issued
    under the Act and before June 30, 1947.
      Section 1882, act June 30, 1947, ch. 163, title I, Sec. 2, 61
    Stat. 193, extended the limitation date of the mortgage insurance
    provisions of section 1738(a) of Title 12, Banks and Banking, from
    June 30, 1947 to Mar. 31, 1948.
      Section 1883, act June 30, 1947, ch. 163, title I, Sec. 3, 61
    Stat. 193, amended title VI of the National Housing Act, as
    amended, sections 1736 to 1743 of Title 12, Banks and Banking, by
    adding section 609, relating to insurance of loans for manufacture
    of houses, the provisions of which are classified to section 1744
    of Title 12.
      Section 1884, acts June 30, 1947, ch. 163, title I, Sec. 4, 61
    Stat. 195; Feb. 27, 1948, ch. 77, Sec. 1, 62 Stat. 37; Mar. 30,
    1948, ch. 161, title I, Sec. 3, 62 Stat. 93; Mar. 30, 1949, ch. 42,
    title I, Sec. 2, 63 Stat. 18; June 23, 1950, ch. 354, Sec. 2, 64
    Stat. 255; June 30, 1951, ch. 198, Sec. 2(a), 65 Stat. 110; July
    31, 1951, ch. 275, title II, Secs. 202(a), 211, 65 Stat. 145; June
    30, 1952, ch. 530, title II, Sec. 201(a), 66 Stat. 306; Apr. 30,
    1953, ch. 31, Sec. 2, 67 Stat. 24, which provided for a priority in
    sale or rental of housing accommodations for veterans of World War
    II and the Korean conflict, terminated by its own terms.


-MISC1-
                       SHORT TITLE OF 1953 AMENDMENT                   
      Act Apr. 30, 1953, ch. 31, Sec. 1, 67 Stat. 23, provided that act
    Apr. 30, 1953, be cited as the Housing and Rent Act of 1953.

                       SHORT TITLE OF 1950 AMENDMENT                   
      Act June 23, 1950, ch. 354, Sec. 1, 64 Stat. 255, provided that
    act June 23, 1950, be cited as the Housing and Rent Act of 1950.

                       SHORT TITLE OF 1949 AMENDMENT                   
      Act Mar. 30, 1949, ch. 42, title I, Sec. 1, 63 Stat. 18, provided
    that act Mar. 30, 1949, be cited as the Housing and Rent Act of
    1949.

                       SHORT TITLE OF 1948 AMENDMENT                   
      Act Mar. 30, 1948, ch. 161, title I, Sec. 1, 62 Stat. 93,
    provided that act Mar. 30, 1948 be cited as the Housing and Rent
    Act of 1948.

                                SHORT TITLE                            
      Act June 30, 1947, ch. 163, title II, Sec. 213, 61 Stat. 201,
    provided that act June 30, 1947, be cited as the Housing and Rent
    Act of 1947.

                               SEPARABILITY                           
      Act Mar. 30, 1948, ch. 161, title III, Sec. 305, 62 Stat. 100,
    provided that if provisions of act Mar. 30, 1948, or the
    application of such provisions to any person or circumstances be
    held invalid, the validity of the remainder of the Act, and the
    applicability of such provision to other persons or circumstances,
    shall not be affected thereby.
      Act June 30, 1947, ch. 163, title III, Sec. 301, 61 Stat. 201,
    provided that if any provision of act June 30, 1947, or the
    application of such provisions to any person or circumstances be
    held invalid, the validity of the remainder of the Act, and the
    applicability of such provision to other persons or circumstances,
    shall not be affected thereby.

-End-


-CITE-
    50 USC APPENDIX TITLE II - MAXIMUM RENTS                    01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
                         TITLE II - MAXIMUM RENTS                     

-End-



-CITE-
    50 USC APPENDIX Secs. 1891 to 1894                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
    Secs. 1891 to 1894. Omitted

-COD-
                               CODIFICATION                           
      Sections 1891 to 1894 terminated Sept. 30, 1952, with certain
    exceptions, pursuant to section 1894 of this Appendix.
      Section 1891, act June 30, 1947, ch. 163, title II, Sec. 201, 61
    Stat. 196, stated the congressional declaration of policy for
    controls for rental housing accommodations in defense-rental areas.
      Section 1892, acts June 30, 1947, ch. 163, title II, Sec. 202, 61
    Stat. 196; Mar. 10, 1948, ch. 161, title II, Sec. 201, 62 Stat. 93;
    Mar. 30, 1949, ch. 42, title II, Sec. 201, 63 Stat. 19; July 31,
    1951, ch. 275, title II, Secs. 202(a), 206, 207(a), (b), 208, 65
    Stat. 145, 148, defined terms used in sections 1891 to 1894 and
    1895 to 1902 of this Appendix.
      Section 1893, acts June 30, 1947, ch. 163, title II, Sec. 203, 61
    Stat. 197; Mar. 30, 1949, ch. 42, title II, Sec. 202, 63 Stat. 21;
    July 31, 1951, ch. 275, title II, Sec. 202(a), 65 Stat. 145,
    terminated rent control under the Emergency Price Control Act of
    1942 after July 1, 1947.
      Section 1894, acts June 30, 1947, ch. 163, title II, Sec. 204, 61
    Stat. 197; Feb. 27, 1948, ch. 77, Sec. 2, 62 Stat. 37; Mar. 30,
    1948, ch. 161, title II, Sec. 202, 62 Stat. 94; Mar. 30, 1949, ch.
    42, title II, Sec. 203, 63 Stat. 21; June 23, 1950, ch. 354, Secs.
    3-5, 64 Stat. 255; Dec. 20, 1950, ch. 1139, Secs. 1, 2, 64 Stat.
    1113; Mar. 23, 1951, ch. 14, 65 Stat. 7; June 30, 1951, ch. 198,
    Sec. 2(b), (c), 65 Stat. 111; July 31, 1951, ch. 275, title II,
    Secs. 201, 203(a), (b), 205, 207(c), 209, 65 Stat. 144, 145, 148,
    149; June 30, 1952, ch. 530, title II, Secs. 201(b), 202, 66 Stat.
    306; July 15, 1952, ch. 758, ch. XII, Sec. 1201, 66 Stat. 657; Apr.
    30, 1953, ch. 31, Secs. 3-7, 67 Stat. 24, provided for rent control
    under sections 1891 to 1894 and 1895 to 1902 of this Appendix,
    prescribed procedures, empowered the President to remove controls,
    to promulgate rules and regulations and to create local advisory
    boards, and declared that the provisions of such sections shall
    cease to be in effect at the close of Sept. 30, 1952, except for
    certain areas where they ceased to be in effect at the close of
    Apr. 30, 1953.

-End-



-CITE-
    50 USC APPENDIX Sec. 1894a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
    Sec. 1894a. Defense Areas Advisory Committee; creation;
      composition; duties

-STATUTE-
      The Director of Defense Mobilization (!1) is authorized to
    appoint a Defense Areas Advisory Committee to advise him in
    connection with the exercise of any function or authority vested in
    him by section 204(l) of the Housing and Rent Act of 1947, as
    amended [section 1894(l) of this Appendix], or section 101 of the
    Defense Housing and Community Facilities and Services Act of 1951,
    as amended [42 U.S.C. 1591], or by delegation thereunder, with
    respect to determining any area to be a critical defense housing
    area. Any committee so appointed shall consist, in addition to a
    chairman, of representatives of the Department of Defense and the
    Housing and Home Finance Agency.(!1) Any Federal agency shall, to
    the fullest practicable extent, furnish such information in its
    possession to the Defense Areas Advisory Committee as such
    Committee may request from time to time relevant to its operations.


-SOURCE-
    (June 30, 1952, ch. 530, title II, Sec. 203, 66 Stat. 307; Apr. 30,
    1953, ch. 31, Sec. 10, 67 Stat. 25.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 204(l) of the Housing and Rent Act of 1947, as amended
    [section 1894(l) of this Appendix], referred to in text, was
    omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      1953 - Act Apr. 30, 1953, amended last sentence generally,
    eliminating reference to Office of Rent Stabilization.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by any statute in Director of Defense
    Mobilization or Office of Defense Mobilization provided for in
    Executive Order No. 10193, eff. Dec. 16, 1950, 15 F.R. 9031,
    transferred to Director of Office of Defense Mobilization by Reorg.
    Plan No. 3 of 1953, Sec. 2(d), eff. June 12, 1953, 18 F.R. 3375, 67
    Stat. 634, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Functions vested in Office of Defense Mobilization or Director of
    Office of Defense Mobilization transferred to Office of Emergency
    Planning by section 2 of Reorg. Plan No. 1 of 1958, eff. July 1,
    1958, 23 F.R. 4991, 72 Stat. 1799, set out under section 5195 of
    Title 42, The Public Health and Welfare.
      Office of Emergency Planning changed to Office of Emergency
    Preparedness pursuant to section 402 of Pub. L. 90-608, Oct. 21,
    1968, 82 Stat. 1194, which provided that references in laws to
    Office of Emergency Planning after Oct. 21, 1968, should be deemed
    references to Office of Emergency Preparedness.
      Office of Emergency Preparedness, including offices of Director,
    Deputy Director, Assistant Directors, and Regional Directors,
    abolished and functions vested by law in Office of Emergency
    Preparedness transferred to President by sections 1 and 3(a)(1) of
    Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87
    Stat. 1089, set out under section 5195 of Title 42, The Public
    Health and Welfare.
      Functions vested in Director of Office of Emergency Preparedness
    as of June 30, 1973, by Executive Order, proclamation, or other
    directive issued by or on behalf of President or otherwise, with
    certain exceptions, transferred to Administrator of General
    Services, effective July 1, 1973, by Ex. Ord. No. 11725, Sec. 3,
    eff. June 29, 1973, 38 F.R. 17175, formerly set out under section
    2271 of this Appendix.
      Housing and Home Finance Agency lapsed and functions, powers, and
    duties transferred to Secretary of Housing and Urban Development
    who was authorized to delegate such functions, powers, and duties
    to such officers and employees of Department of Housing and Urban
    Development as Secretary may delegate, see sections 3531 note,
    3534, and 3535 of Title 42, The Public Health and Welfare.


-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Secs. 1895 to 1903                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
    Secs. 1895 to 1903. Omitted

-COD-
                               CODIFICATION                           
      Sections 1895 to 1903 terminated Sept. 30, 1952, with certain
    exceptions, pursuant to section 1894 of this Appendix.
      Section 1895, acts June 30, 1947, ch. 163, title II, Sec. 205, 61
    Stat. 199; Mar. 30, 1949, ch. 42, title II, Sec. 204, 63 Stat. 27;
    July 31, 1951, ch. 275, title II, Sec. 204, 65 Stat. 147,
    authorized suits for damages for violations of sections 1891 to
    1894 and 1895 to 1902 of this Appendix.
      Section 1896, acts June 30, 1947, ch. 163, title II, Sec. 206, 61
    Stat. 199; Mar. 30, 1948, ch. 161, title II, Sec. 203, 62 Stat. 98;
    Mar. 30, 1949, ch. 42, title II, Sec. 205, 63 Stat. 27; July 31,
    1951, ch. 275, title II, Secs. 202(a), (c), 205, 65 Stat. 144, 148,
    related to prohibitions and enforcement.
      Section 1897, act June 30, 1947, ch. 163, title II, Sec. 207, 61
    Stat. 200, prohibited maintenance of actions for certain past
    violations.
      Section 1898, acts June 30, 1947, ch. 163, title II, Sec. 208, 61
    Stat. 200; July 31, 1951, ch. 275, title II, Sec. 202(2), (d), 65
    Stat. 145; Apr. 30, 1953, ch. 31, Sec. 8, 67 Stat. 25, related to
    property, personnel, and appropriations.
      Section 1899, acts June 30, 1947, ch. 163, title II, Sec. 209, 61
    Stat. 200; Mar. 30, 1948, ch. 161, title II, Sec. 204, 62 Stat. 98;
    Mar. 30, 1949, ch. 42, title II, Sec. 206, 63 Stat. 29; July 13,
    1951, ch. 275, title II, Sec. 202(a), 65 Stat. 145, empowered the
    President to regulate speculative or manipulative renting or
    leasing practices.
      Section 1900, acts June 30, 1947, ch. 163, title II, Sec. 210, 61
    Stat. 201; Mar. 30, 1948, ch. 161, title II, Sec. 301, 62 Stat. 99,
    amended section 2(a) of the Administrative Procedure Act.
      Section 1901, act June 30, 1947, ch. 163, title II, Sec. 211, 61
    Stat. 201, stated the territorial applicability of sections 1891 to
    1894 and 1895 to 1902 of this Appendix.
      Section 1902, act June 30, 1947, ch. 163, title II, Sec. 212, 61
    Stat. 201, prescribed the effective date of sections 1891 to 1894
    and 1895 to 1902 of this Appendix.
      Section 1903, act Mar. 30, 1948, ch. 161, title III, Sec. 302, 62
    Stat. 99, provided that nothing in act Mar. 30, 1948, shall be
    construed to require any person to offer any housing accommodations
    for rent.

-End-



-CITE-
    50 USC APPENDIX Sec. 1904                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
    Sec. 1904. Repealed. Mar. 30, 1949, ch. 42, title III, Sec. 302, 63
      Stat. 29

-MISC1-
      Section, act Mar. 30, 1948, ch. 161, title III, Sec. 303, 62
    Stat. 100, related to reimposition of rent ceilings after
    decontrol.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Apr. 1, 1949, see section 305 of act Mar. 30,
    1949.

-End-



-CITE-
    50 USC APPENDIX Secs. 1905 to 1910                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    HOUSING AND RENT ACTS
    ACTS JUNE 30, 1947, CH. 163, 61 STAT. 193; MAR. 30, 1948, CH. 161,
      62 STAT. 93; MAR. 30, 1949, CH. 42, 63 STAT. 18; JUNE 23,
      1950, CH. 354, 64 STAT. 255                             
    TITLE II - MAXIMUM RENTS

-HEAD-
    Secs. 1905 to 1910. Omitted

-COD-
                               CODIFICATION                           
      Section 1905, act Mar. 30, 1948, ch. 161, title III, Sec. 304, 62
    Stat. 100, amended section 1413a of Title 42, The Public Health and
    Welfare, relating to recovery of possession of housing
    accommodations.
      Section 1906, act Mar. 30, 1948, ch. 161, title III, Sec. 306, 62
    Stat. 100, prescribed effective date of Housing and Rent Act of
    1948.
      Section 1907, act Mar. 30, 1949, ch. 42, title III, Sec. 301, 63
    Stat. 29, related to non-offer of housing accommodations.
      Section 1908, act Mar. 30, 1949, ch. 42, title III, Sec. 303, 63
    Stat. 29, related to separability of provisions.
      Section 1909, act Mar. 30, 1949, ch. 42, title III, Sec. 304, 63
    Stat. 29, amended section 1738(a) of Title 12, Banks and Banking.
      Section 1910, act Mar. 30, 1949, ch. 42, title III, Sec. 305, 63
    Stat. 29, prescribed effective date of Housing and Rent Act of
    1949.

-End-


-CITE-
    50 USC APPENDIX STABILIZATION OF ECONOMY AND
      COMMODITY PRICES                                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES

-HEAD-
               STABILIZATION OF ECONOMY AND COMMODITY PRICES           

-End-


-CITE-
    50 USC APPENDIX ACT DEC. 30, 1947, CH. 526, 61
      STAT. 945                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
                 ACT DEC. 30, 1947, CH. 526, 61 STAT. 945             

-MISC1-
    Sec.                                                     
    1911.       Declaration of purpose.                               
    1912 to 1915. Omitted.                                            
    1916.       Critical shortages; recommendations by President;
                 public hearings.                                     
    1917.       Repealed.                                             
    1918.       Food and conservation program; appropriations;
                 administrative expenses.                             
    1919.       Authorizations for appropriations.                    

-End-



-CITE-
    50 USC APPENDIX Sec. 1911                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Sec. 1911. Declaration of purpose

-STATUTE-
      The purposes of this joint resolution [sections 1911 to 1919 of
    this Appendix] are to aid in stabilizing the economy of the United
    States, to aid in curbing inflationary tendencies, to promote the
    orderly and equitable distribution of goods and facilities, and to
    aid in preventing maldistribution of goods and facilities which
    basically affect the cost of living or industrial production.

-SOURCE-
    (Dec. 30, 1947, ch. 526, Sec. 1, 61 Stat. 945.)


-EXEC-
      EX. ORD. NO. 9919. DELEGATION OF AUTHORITY AND ESTABLISHMENT OF
          PROCEDURES UNDER SECTIONS 1911 TO 1919 OF THIS APPENDIX
      Ex. Ord. No. 9919, Jan. 3, 1948, 13 F.R. 59, provided:
      By virtue of the authority vested in me by the joint resolution
    approved December 30, 1947 (Public Law 395, 80th Congress)
    [sections 1911 to 1919 of this Appendix], and as President of the
    United States, it is hereby ordered as follows:
      1. The authority to consult with representatives of industry,
    business, and agriculture with a view to encouraging the making of
    voluntary agreements or plans provided for in section 2 of the said
    joint resolution of December 30, 1947 [former section 1912 of this
    Appendix] (hereinafter referred to as the joint resolution), and
    the authority to approve any such agreements or plans and to make
    written requests for compliance with any such agreements or plans
    is delegated severally to the Secretary of the Interior, the
    Secretary of Agriculture, the Secretary of Commerce, and the
    Director of the Office of Defense Transportation as provided in
    paragraphs 2, 3, 4, and 5 hereof: Provided, however, that no such
    agreement or plan shall be approved by any of such officers unless
    it is first submitted to and approved by the Attorney General. The
    consultation above referred to may be through advisory committees
    approved by the appropriate governmental officer or agency as
    representative of the various segments of the industry involved.
    Prior to submitting any such proposed agreement or plan to the
    Attorney General the appropriate governmental officer or agency
    shall give industry, labor, and the public generally an opportunity
    to present their views with respect to the agreement or plan. The
    submission of the proposed agreement or plan to the Attorney
    General shall be accompanied by the favorable recommendation of the
    head of the appropriate department or agency and by a statement of
    (a) the circumstances which require the proposed agreement or plan,
    (b) the means by which the agreement or plan will be carried out,
    (c) the effect of the agreement or plan on persons and industries
    affected, including where appropriate the proposed degree of
    curtailment in amount and prospective use of any material,
    commodity, or product by any processor or user thereof, and the
    formulae for such curtailment, (d) the criteria used in the
    establishment of such formulae, and (e) the factual evidence on
    which the recommendation for approval is made, showing which
    information, if any, is subject to restrictions for reasons of
    military security.
      2 (a). The authority delegated to the Secretary of the Interior
    by paragraph 1 hereof shall be exercised by him with respect to
    priority, allocation, and inventory control of fuels.
      (b). For the purposes of this order the term "fuels" means coal,
    coke, petroleum and petroleum products, and natural and
    manufactured gas.
      3 (a). The authority delegated to the Secretary of Agriculture by
    paragraph 1 hereof shall be exercised by him with respect to
    priority, allocation, and inventory control of agricultural
    commodities and with respect to speculative trading on commodity
    exchanges.
      (b). For the purposes of this order, the term "agricultural
    commodities" means all commodities and products, simple, mixed, or
    compound, or complements to such commodities or products that are
    or may be eaten or drunk by human beings or animals, irrespective
    of other uses to which such commodities or products may be put, and
    at all stages of processing from the raw commodity to the product
    thereof in a vendible form for immediate human or animal
    consumption, but exclusive of such commodities and products as the
    Secretary of Agriculture shall determine. For the purposes of this
    order, the term "agricultural commodities" shall also include all
    starches, sugars, fats and oils of animal, vegetable, or marine
    origin (including oil seeds and other oil bearing materials, fatty
    acids, soap and soap powder), cotton, tobacco, wool, hemp, flax,
    fiber, and alcohol, and also such other commodities and products as
    the President may designate.
      4 (a). The authority delegated to the Director of the Office of
    Defense Transportation by paragraph 1 hereof shall be exercised by
    him with respect to allocation of transportation facilities and
    equipment.
      (b). The powers, authority, and discretion conferred on the
    President by section 4(a) of the joint resolution [section 1914(a)
    of this Appendix] with respect to the use of transportation
    equipment and facilities by rail carriers are hereby included
    within the powers, authority, and discretion delegated to the
    Director of the Office of Defense Transportation under Executive
    Order No. 8989 of December 18, 1941 (6 F.R. 6725), as amended by
    Executive Order No. 9389 of October 18, 1943 (8 F.R. 14183),
    Executive Order No. 9156 of May 2, 1942 (7 F.R. 3349), Executive
    Order No. 9214 of August 5, 1942 (7 F.R. 6097), and Executive Order
    No. 9729 of May 23, 1946 (11 F.R. 5641). The said Executive orders
    are amended accordingly.
      5. The authority delegated to the Secretary of Commerce by
    paragraph 1 hereof shall be exercised by him with respect to
    priority, allocation, and inventory control of scarce commodities
    which basically affect the cost of living or industrial production,
    other than fuels as provided in paragraph 2, agricultural
    commodities as provided in paragraph 3, and transportation
    facilities and equipment as provided in paragraph 4.
      6. The Secretary of Agriculture is hereby authorized to carry out
    a program for the conservation of food and feed and for that
    purpose to exercise the authority conferred upon the President by
    section 8 of the joint resolution [section 1918 of this Appendix].
      7. The Secretary of Commerce is hereby authorized to continue
    exercising the powers, authority, and discretion conferred upon the
    President by section 6 of the act of July 2, 1940, 54 Stat. 714, as
    amended [section 701 of this Appendix]. Such powers, authority, and
    discretion, and the powers, authority, and discretion vested in the
    President by section 3 of the joint resolution [section 1913 of
    this Appendix] are hereby included within the delegation made to
    the Secretary of Commerce by Executive Order No. 9630 of September
    27, 1945 (10 F.R. 12245), and the said Executive order is modified
    accordingly.
      8. Each governmental officer or agency exercising authority
    delegated under this order shall, in exercising such authority,
    consult with other agencies or committees having special
    information or sources of such information about the supply of or
    demand for the materials, commodities, or facilities involved and
    with other agencies or committees having responsibilities related
    to such authority. Each agency shall establish such committees and
    other working groups as may be appropriate to consult with and
    obtain the advice of other agencies.
      9. Nothing in this order shall be deemed to affect the powers,
    authority, or discretion delegated to the Secretary of Agriculture
    by Executive Order No. 9915 of December 30, 1947.
                                                         Harry S Truman.

-End-



-CITE-
    50 USC APPENDIX Secs. 1912 to 1915                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Secs. 1912 to 1915. Omitted

-COD-
                               CODIFICATION                           
      Section 1912, acts Dec. 30, 1947, ch. 526, Sec. 2, 61 Stat. 945;
    Feb. 9, 1949, ch. 6, 63 Stat. 5, relating to voluntary agreements,
    expired by its own terms on Sept. 30, 1949.
      Section 1913, act Dec. 30, 1947, ch. 526, Sec. 3, 61 Stat. 946,
    amending section 701 of this Appendix, expired on Feb. 28, 1949,
    when section 701 expired.
      Section 1914, act Dec. 30, 1947, ch. 526, Sec. 4, 61 Stat. 946,
    relating to allocation of transportation facilities and grain,
    expired on Feb. 28, 1949, as to transportation facilities and on
    Jan. 31, 1948, as to grain.
      Section 1915, act Dec. 30, 1947, ch. 526, Sec. 5, 61 Stat. 946,
    relating to delegation of President's authority under sections 701
    and 1912 of this Appendix, expired with the expiration of those
    sections.

-End-



-CITE-
    50 USC APPENDIX Sec. 1916                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Sec. 1916. Critical shortages; recommendations by President; public
      hearings

-STATUTE-
      (a) Whenever the President shall determine that there is or
    threatens to be a critical shortage of any raw material, commodity,
    or product which jeopardizes the health or safety of the people of
    the United States or its national security or welfare and that
    there is no prospect that such critical shortage may soon be
    remedied by an increase in the available supply without additional
    governmental action and that the situation cannot be solved by
    voluntary agreement under the provisions of this Act [sections 1911
    to 1919 of this Appendix], he may prepare proposed measures for
    conserving such raw material, commodity, or product which he shall
    submit to the Congress in the following form:
      (1) A statement of the circumstances which, in the President's
    judgment, require the proposed conservation measures.
      (2) A detailed procedure for the administration of the proposed
    measures including the additional budget and additional personnel
    required for their enforcement.
      (3) The proposed degree of curtailment in current and prospective
    use of each such raw material, commodity, or product by each
    processor and/or user thereof, including the specific formulae
    proposed for such curtailment with respect to each class or classes
    of processors or users and the criteria used in the establishment
    of such formulae.
      (4) A complete record of the factual evidence upon which his
    recommendations are based, including all information provided by
    any agency of the Federal Government which may have been made
    available to him in the course of his consideration of the matter.
      (b) Within fifteen days after the submission of such proposed
    conservation measures, the Joint Economic Committee shall conduct
    public hearings thereon and shall make such recommendations to the
    Congress for legislative action as in its judgment the
    recommendations of the President and any additional information
    disclosed at the public hearings may require.

-SOURCE-
    (Dec. 30, 1947, ch. 526, Sec. 6, 61 Stat. 947; June 18, 1956, ch.
    399, Sec. 2, 70 Stat. 290.)


-MISC1-
                                AMENDMENTS                            
      1956 - Subsec. (b). Act June 18, 1956, changed "Joint Committee
    on the Economic Report" to "Joint Economic Committee".

-End-



-CITE-
    50 USC APPENDIX Sec. 1917                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Sec. 1917. Repealed. Pub. L. 104-127, title II, Sec. 229, Apr. 4,
      1996, 110 Stat. 963

-MISC1-
      Section, act Dec. 30, 1947, ch. 526, Sec. 7, 61 Stat. 947,
    authorized Commodity Credit Corporation to carry out projects to
    stimulate and increase production of foods, agricultural
    commodities, and products thereof, in non-European foreign
    countries.

-End-



-CITE-
    50 USC APPENDIX Sec. 1918                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Sec. 1918. Food and conservation program; appropriations;
      administrative expenses

-STATUTE-
      (a) In order to alleviate shortages in foods and feeds, and to
    assist in stabilizing prices, the President shall carry out a
    program for the conservation of food and feed. In carrying out such
    program, the President is authorized, through the dissemination of
    information, educational and other campaigns, the furnishing of
    assistance, and such other voluntary and cooperative measures as he
    deems necessary or appropriate, to encourage and promote the
    efficient utilization, care, and preservation of food and feed, the
    elimination of practices which waste food and feed, the control and
    eradication of insects and rodents, the consumption of less of
    these foods and feeds which are in short supply and more of those
    foods and feeds which are in abundant supply, and other
    conservation practices. The authority herein conferred may be
    exercised by the President through such departments, agencies,
    independent establishments, and officials of the Federal Government
    and such State, local, and private agencies as he may determine.
      (b) There is hereby authorized to be appropriated to the
    President such sums as may be necessary to carry out this section.
    To enable the President to carry out this section for the remainder
    of the fiscal year ending June 30, 1948, there is made available
    not to exceed $1,000,000 from any funds made available by the
    Congress for carrying out Public Law 84, Eightieth Congress, or
    from any funds made available by the Congress for interim foreign
    aid. Funds made available for the purpose of this section may be
    used for necessary administrative expenses, including personal
    services in the District of Columbia and elsewhere, purchase or
    hire of motor vehicles, temporary or intermittent services of
    experts or consultants or organizations thereof, including
    stenographic reporting services, by contract, without regard to the
    civil service and classification laws (the compensation of any such
    individual not to exceed $50 per day). Funds made available for the
    purposes of this section may be allotted for any of the purposes of
    this section to any department, agency, or independent
    establishment of the Government, or transferred to any other agency
    requested to assist in carrying out this section. Funds allotted to
    any department, agency, or independent establishment of the
    Government shall be available for obligation and expenditure in
    accordance with the laws governing obligations and expenditures of
    the department, agency, or independent establishment, or
    organizational unit thereof concerned, and without regard to
    sections 3709 and 3648 of the Revised Statutes, as amended [41
    U.S.C. 5; 31 U.S.C. 3324(a), (b)].

-SOURCE-
    (Dec. 30, 1947, ch. 526, Sec. 8, 61 Stat. 947.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 84, Eightieth Congress, referred to in subsec. (b), is
    act May 31, 1947, ch. 90, 61 Stat. 125, which was classified
    generally to chapter 17 (Sec. 1411 et seq.) of Title 22, Foreign
    Relations and Intercourse, and which was repealed by act Aug. 26,
    1954, ch. 937, title V, Sec. 542(a)(2), 68 Stat. 861. For complete
    classification of this Act to the Code, see Tables.
      The civil service laws, referred to in subsec. (b), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The classification laws, referred to in subsec. (b), are
    classified generally to chapter 51 (Sec. 5101 et seq.) and to
    subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.
      Section 3648 of the Revised Statutes, as amended, referred to in
    subsec. (b), which was classified to section 529 of former Title
    31, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
    Stat. 1068, and reenacted by the first section thereof as section
    3324(a) and (b) of Title 31, Money and Finance.

-End-



-CITE-
    50 USC APPENDIX Sec. 1919                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    STABILIZATION OF ECONOMY AND COMMODITY PRICES
    ACT DEC. 30, 1947, CH. 526, 61 STAT. 945

-HEAD-
    Sec. 1919. Authorizations for appropriations

-STATUTE-
      There is authorized to be appropriated such amounts as may be
    necessary for purposes of carrying out the provisions of this joint
    resolution [sections 1911 to 1919 of this Appendix].

-SOURCE-
    (Dec. 30, 1947, ch. 526, Sec. 9, 61 Stat. 948.)

-End-


-CITE-
    50 USC APPENDIX DOMESTIC RUBBER-PRODUCING
           INDUSTRY                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC RUBBER-PRODUCING INDUSTRY

-HEAD-
                    DOMESTIC RUBBER-PRODUCING INDUSTRY                

-End-


-CITE-
    50 USC APPENDIX ACT MAR. 31, 1948, CH. 166, 62
      STAT. 101                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC RUBBER-PRODUCING INDUSTRY
    ACT MAR. 31, 1948, CH. 166, 62 STAT. 101

-HEAD-
                 ACT MAR. 31, 1948, CH. 166, 62 STAT. 101             

-End-



-CITE-
    50 USC APPENDIX Secs. 1921 to 1938                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC RUBBER-PRODUCING INDUSTRY
    ACT MAR. 31, 1948, CH. 166, 62 STAT. 101

-HEAD-
    Secs. 1921 to 1938. Omitted

-COD-
                               CODIFICATION                           
      Sections 1921 to 1938 terminated May 1, 1955, pursuant to section
    1938 of this Appendix.
      Section 1921, act Mar. 31, 1948, ch. 166, Sec. 2, 62 Stat. 102,
    related to Congressional declaration of policy.
      Section 1922, act Mar. 31, 1948, ch. 166, Sec. 3, 62 Stat. 102,
    authorized certain controls over natural and synthetic rubber and
    rubber products.
      Section 1923, act Mar. 31, 1948, ch. 166, Sec. 4, 62 Stat. 102,
    related to importation and exportation of rubber products.
      Section 1924, act Mar. 31, 1948, ch. 166, Sec. 5, 62 Stat. 103,
    related to maintenance of domestic rubber-producing capacity.
      Section 1925, act Mar. 31, 1948, ch. 166, Sec. 6, 62 Stat. 103,
    related to rubber research and development.
      Section 1926, act Mar. 31, 1948, ch. 166, Sec. 7, 62 Stat. 103,
    related to operation of rubber-producing facilities by the
    Government.
      Section 1927, act Mar. 31, 1948, ch. 166, Sec. 8, 62 Stat. 104,
    related to placing in adequate stand-by condition rubber-producing
    facilities and their maintenance.
      Section 1928, acts Mar. 31, 1948, ch. 166, Sec. 9, 62 Stat. 105;
    June 24, 1950, ch. 357, Sec. 1(a), 64 Stat. 256; June 23, 1952, ch.
    453, Sec. 1(a), 66 Stat. 154, related to disposal of Government-
    owned rubber-producing facilities.
      Section 1929, act Mar. 31, 1948, ch. 166, Sec. 10, 62 Stat. 1929,
    provided administrative provisions respecting rules and
    regulations; delegation of powers and duties by President;
    consolidation of powers and functions, creation of corporation,
    powers, subscription to capital stock; transfer of facilities,
    personnel, funds, etc.; and annual report.
      Section 1930, act Mar. 31, 1948, ch. 166, Sec. 11, 62 Stat. 106,
    related to patent pooling and use of technical information.
      Section 1931, act Mar. 31, 1948, ch. 166, Sec. 12, 62 Stat. 106,
    related to information, records, etc., for enforcement or
    administrative purposes; oaths, affidavits, subpenas, etc.;
    witnesses; testimony; publication of information; and penalties.
      Section 1932, act Mar. 31, 1948, ch. 166, Sec. 13, 62 Stat. 107,
    related to penalties.
      Section 1933, act Mar. 31, 1948, ch. 166, Sec. 14, 62 Stat. 107,
    related to jurisdiction of courts, venue, process and costs.
      Section 1934, act Mar. 31, 1948, ch. 166, Sec. 15, 62 Stat. 107,
    was an exculpatory clause.
      Section 1935, act Mar. 31, 1948, ch. 166, Sec. 16, 62 Stat. 108,
    related to exemption from Administrative Procedure Act. Act Mar.
    31, 1948, ch. 166, Sec. 16, 62 Stat. 108, formerly classified to
    section 1935 of this Appendix, was repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 654.
      Section 1936, act Mar. 31, 1948, ch. 166, Sec. 18, 62 Stat. 1936,
    defined the terms "natural rubber", "synthetic rubber", "general-
    purpose synthetic rubber", "special-purpose synthetic rubber",
    "rubber-producing facilities", "rated production capacity",
    "component materials", "stand-by condition", "person" and "United
    States".
      Section 1937, act Mar. 31, 1948, ch. 166, Sec. 19, 62 Stat. 109,
    related to appropriations.
      Section 1938, acts Mar. 31, 1948, ch. 166, Sec. 20, 62 Stat. 109;
    June 24, 1950, ch. 357, Sec. 1(b), 64 Stat. 256; June 23, 1952, ch.
    453, Sec. 1(b), 66 Stat. 154; Aug. 7, 1953, ch. 338, Sec. 22, 67
    Stat. 415, provided that sections 1921 to 1938 of this Appendix
    should become effective on Apr. 1, 1948, and should remain in
    effect until May 1, 1955.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Ex. Ord. No. 9942, Apr. 1, 1948, 13 F.R. 1823, as amended by Ex.
    Ord. No. 10539, June 22, 1954, 19 F.R. 3827, which provided for the
    performance of certain functions under sections 1921 to 1938 of
    this Appendix by the Secretary of Commerce and by the Federal
    Facilities Corporation as successor of the Reconstruction Finance
    Corporation, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51
    F.R. 7237.
      Act July 30, 1953, ch. 282, title I, Sec. 107(a)(1), (b), 67
    Stat. 231, provided for Presidential transfer of all functions,
    powers, duties, and authority of the Reconstruction Finance
    Corporation under sections 1921 to 1938 of this Appendix not later
    than June 30, 1954, and for the transfer of all assets, funds,
    contracts, loans, liabilities, commitments, authorizations,
    allocations, personnel, and records of the Reconstruction Finance
    Corporation which the Director of the Bureau of the Budget shall
    determine to be primarily related to, and necessary for, the
    exercise of such functions, powers, duties, and authority, to the
    officer or agency of the Government to which such functions,
    powers, duties, and authority are transferred.


-MISC1-
    EXTENSION WITH RESPECT TO DISPOSAL OF COPOLYMER PLANT AT INSTITUTE,
                               WEST VIRGINIA
      Act Aug. 9, 1955, ch. 696, Sec. 3, 69 Stat. 629, provided that:
    "Notwithstanding the provisions of sections 14 and 22 of the Rubber
    Producing Facilities Disposal Act of 1953 [sections 1941l and 1941t
    of this Appendix], the Rubber Act of 1948, as amended [sections
    1921 to 1938 of this Appendix], is hereby extended with respect to
    the rubber-producing facilities covered by this Act [section 1941x
    of this Appendix], to the close of the day of transfer of
    possession of Plancor Numbered 980 to a purchaser in accordance
    with the provisions of section 26 of the Rubber Producing
    Facilities Disposal Act [section 1941x of this Appendix]."

     EXTENSION WITH RESPECT TO DISPOSAL OF COPOLYMER PLANT AT BAYTOWN,
                                   TEXAS
      Act Mar. 31, 1955, ch. 19, Sec. 3, 69 Stat. 16, provided that:
    "Notwithstanding the provisions of sections 14 and 22 of the Rubber
    Producing Facilities Disposal Act of 1953 [sections 1941l and 1941t
    of this Appendix], the Rubber Act of 1948, as amended [sections
    1921 to 1938 of this Appendix], is hereby extended with respect to
    the rubber-producing facilities covered by this Act [section 1941w
    of this Appendix], to the close of the day of transfer of
    possession of Plancor Numbered 877 to a purchaser in accordance
    with the provisions of section 25 of the Rubber Producing
    Facilities Disposal Act [section 1941w of this Appendix]: Provided,
    That if no such transfer is made, the Rubber Act of 1948, as
    amended [sections 1921 to 1938 of this Appendix], is hereby
    extended to the close of the day upon which Plancor Numbered 877 is
    placed in standby condition pursuant to the provisions of this
    Act."


-TRANS-
               DISSOLUTION OF FEDERAL FACILITIES CORPORATION           
      Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, provided:
      "[Sec. 1. Administration of sales of rubber producing facilities
    by Administrator of General Services; exercise of authority of
    Rubber Producing Facilities Disposal Commission by Administrator;
    transfer of contracts from Federal Facilities Corporation to
    Administrator]. That, subject to the provisions of section 2 of
    this Act, the Administrator of General Services is hereby
    designated to administer the contracts of sale of the Government-
    owned rubber producing facilities made pursuant to the Rubber
    Producing Facilities Disposal Act of 1953 (67 Stat. 414) [section
    1941 et seq. of this Appendix], as amended, and to administer other
    matters involving the Rubber Producing Facilities Disposal
    Commission, including the exercise of all powers and authority
    conferred upon the said Commission by section 6 of the Act of March
    21, 1956 (70 Stat. 51, 53) [set out as a note under section 1941f
    of this Appendix], and also including the winding up of the affairs
    of the Commission. The said contracts are hereby transferred from
    Federal Facilities Corporation to the Administrator of General
    Services.
      "Sec. 2. [National defense as guide for execution of national
    security clause in rubber producing facilities' contracts of sale].
    The administration of the national security clause contained in the
    contracts of sale referred to in section 1 of this Act shall be
    carried out in accordance with the needs and requirements of the
    national defense as determined by the Secretary of Defense.
      "Sec. 3. [Transfer of records, assets and liabilities of Rubber
    Producing Facilities Disposal Commission]. The records and the
    remaining assets and liabilities of the Rubber Producing Facilities
    Disposal Commission are hereby transferred from the Federal
    Facilities Corporation to the Administrator of General Services for
    use of the Administrator in connection with the administration or
    performance of his functions and duties under sections 1 and 2 of
    this Act, or for other disposition as may be determined, consonant
    with law, by the Administrator.
      "Sec. 4. [Transfer of property, assets and liabilities of Federal
    Facilities Corporation to Administrator for liquidation; transfer
    of functions; assumption of liabilities; deposits into Treasury;
    cancellation of obligations].
      "(a) Notwithstanding any other provision of law, the books of
    account, records, documents, property, assets and liabilities of
    every kind and nature, including, but not limited to, all funds,
    notes (and accrued interest thereon), mortgages, deeds of trust,
    contracts, commitments, claims, and causes of action, of Federal
    Facilities Corporation are transferred to the Administrator of
    General Services for liquidation and, in connection therewith,
    there are also transferred to the Administrator, notwithstanding
    the provisions of section 6 of this Act, all functions, powers,
    duties, authority, rights, and immunities now vested in, or
    available or applicable to, the Corporation which shall be
    performed, exercised, and administered by the Administrator in the
    same manner and to the same extent as if the same were performed,
    exercised, and administered by the Corporation. The Administrator
    shall assume and be subject, in his official capacity, to all
    liabilities and commitments, whether arising out of contract or
    otherwise, of the corporation but he shall pay into the Treasury,
    as miscellaneous receipts, all future receipts and all remaining
    funds of the Corporation transferred to, or received by, him
    pursuant to this Act.
      "(b) Any obligation of General Services Administration to Federal
    Facilities Corporation existing by virtue of the provisions of
    section 5(b) of the joint resolution, 'To authorize the disposal of
    the Government-owned tin smelter at Texas City, Texas, and for
    other purposes', approved June 22, 1956 (Public Law 608, Eighty-
    fourth Congress, chapter 426, second session (70 Stat. 329)) [set
    out as a note under section 98 of Title 50], is canceled.
      "Sec. 5. [Delegation of powers]. The Administrator of General
    Services is authorized to delegate, from time to time as he may
    deem to be appropriate, to any officer, employee, or administrative
    unit under his jurisdiction the performance of any function and the
    exercise of the related authority transferred to the Administrator
    by this Act.
      "Sec. 6. [Termination of succession and dissolution of
    Corporation; repeal of charter]. The succession of Federal
    Facilities Corporation is terminated and the Corporation is
    dissolved. The charter of the Corporation, as amended, is repealed.
      "Sec. 7. [Suits against corporation before dissolution; United
    States as party]. No suit, action, or other proceeding lawfully
    commenced by or against Federal Facilities Corporation before the
    dissolution of the Corporation shall abate by reason of such
    dissolution; but the court may, on motion or supplemental petition
    filed at any time within twelve months after such dissolution and
    showing a necessity for the survival of such suit, action, or other
    proceeding to obtain a settlement of the questions involved, allow
    the same to be maintained by or against the United States in such
    court. After the dissolution of the Corporation, any suit, action,
    or other proceeding which, but for such dissolution, would be
    commenced by or against the Corporation, shall be commenced by or
    against the United States in a Federal court of competent
    jurisdiction.
      "Sec. 8. [Special assessments and taxes]. In the event that title
    to any real property which was sold by the Rubber Producing
    Facilities Disposal Commission or by the Federal Facilities
    Corporation to private industry on credit, under mortgage, deed of
    trust, or similar arrangement, is acquired by the United States by
    reason of default by, or failure of performance of, the purchaser,
    or its successor in interest, of any of its obligations, such real
    property shall continue to be subject to special assessments for
    local improvements and to State, county, municipal, or local
    taxation to the same extent according to its value as other real
    property is taxed and the Administrator of General Services is
    authorized and directed to pay such special assessments and taxes.
      "Sec. 9. [Effective date]. This Act shall take effect at the
    close of September 30, 1961."

-End-


-CITE-
    50 USC APPENDIX DISPOSAL OF GOVERNMENT-OWNED
           RUBBER-PRODUCING FACILITIES                     01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES

-HEAD-
         DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES     

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 7, 1953, CH. 338, 67
      STAT. 408                                            01/02/2006

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

-MISC1-
    Sec.                                                     
    1941.       Congressional declaration of policy.                  
    1941a.      Rubber Producing Facilities Disposal Commission.      
                  (a)  Repealed.                                      
                  (b)  Duties; sales contracts, instruments of
                        conveyance, leases and additional powers.     
                  (c)  Consultation with Attorney General.            
                  (d)  Submission of disposal report to Attorney
                        General.                                      
                  (e)  Antitrust laws as unaffected.                  
    1941b.      Furnishing of information concerning facilities to
                 Commission on request.                               
    1941c.      Prompt disposal of facilities by Commission; hearings.
    1941d.      Restriction on activities of members and employees
                 after leaving Commission; penalty.                   
    1941e.      Disposal procedure.                                   
                  (a)  Invitation of purchase proposals; notice and
                        advertisement; period for receipt of
                        proposals; data to accompany proposals.       
                  (b)  Form and contents of proposals.                
                  (c)  Disclosure of contents of proposals.           
                  (d)  Deposit of cash or Government bonds to
                        accompany proposals.                          
                  (e)  Payment of purchase price; amount and terms of
                        mortgages.                                    
                  (f)  Negotiation with those submitting proposals.   
                  (g)  Securing of additional information from those
                        submitting proposals.                         
                  (h)  National security clause in contracts of sale. 
                  (i)  Effective date of contracts of sale; time for
                        transfer of possession of facilities; failure
                        to complete transfer prior to termination
                        date.                                         
                  (j)  Limitation on Government rubber sales.         
                  (k)  Offer of Government rubber for sale to
                        purchasers of facilities after termination of
                        transfer period.                              
    1941f.      Disposition of unsold facilities; transfer to General
                 Services Administration; lease of alcohol-butadiene
                 facilities; advice of Attorney General; standby
                 funds.                                               
    1941g.      Report of recommended disposal by Commission to
                 Congress.                                            
                  (a)  Contents and requirements.                     
                  (b)  Time of submission of report; period for action
                        by Congress.                                  
                  (c)  Computation of period for Congressional action.
                  (d)  Restriction on sale or lease of
                        rubber-producing facilities.                  
                  (e)  Funds for expenses; annual budget.             
                  (f)  Leases of alcohol-butadiene facilities;
                        requirements; advice of Attorney General.     
    1941h.      President's report to Congress on Nation's rubber
                 requirements and resources.                          
    1941i.      Exclusion from term "rubber-producing facilities".    
    1941j.      Disposition of proceeds from disposal of facilities.  
    1941k.      Prior disposal of facilities as unaffected.           
    1941l.      Conditional termination dates for Rubber Act of 1948. 
    1941m.      Monthly reports by Commission to Congress of
                 expenditures and obligations.                        
    1941n.      Basis for negotiating sale of a facility.             
    1941o.      Criteria for disposal recommendations.                
    1941p.      Authorization of disposal of facilities
                 notwithstanding Rubber Act of 1948.                  
    1941q.      Payment of costs of disposal from operating income.   
    1941r.      Termination of Commission; administration after
                 termination.                                         
    1941s.      Definitions.                                          
    1941t.      Omitted.                                              
    1941u.      Congressional resolutions respecting facilities.      
                  (a)  Resolutions as rules of Congress; changes.     
                  (b)  Form of resolution.                            
                  (c)  Reference to committee.                        
                  (d)  Report by committee; motion to discharge.      
                  (e)  Motion to consider resolution; amendment.      
                  (f)  Motions and appeals from decisions on rules to
                        be decided without debate.                    
    1941v.      Rejection of recommended sales contract; right to
                 review of purchaser of other facilities; minimum
                 annual production necessary to sustain disposal
                 report.                                              
    1941w.      Disposal of rubber-producing facility at Baytown,
                 Texas.                                               
                  (a)  Receipt of proposal.                           
                  (b)  Negotiation period.                            
                  (c)  Report to Congress; transfer period.           
                  (d)  Standby condition.                             
    1941x.      Disposal of rubber-producing facility at Institute,
                 West Virginia.                                       
                  (a)  Receipt of proposal.                           
                  (b)  Negotiation period.                            
                  (c)  Report to Congress; transfer period.           
                  (d)  Standby condition.                             
    1941y.      Disposal of rubber-producing facility at Louisville,
                 Kentucky.                                            
                  (a)  Receipt of proposal.                           
                  (b)  Negotiation period.                            
                  (c)  Report to Congress; transfer period.           

-End-



-CITE-
    50 USC APPENDIX Sec. 1941                                   01/02/2006

-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. 1941. Congressional declaration of policy

-STATUTE-
      It is declared that disposal of the Government-owned rubber-
    producing facilities pursuant to the provisions of this Act
    [sections 1941 to 1941y of this Appendix] is consistent with the
    national security and will further effectuate the policy set forth
    in section 2 of the Rubber Act of 1948, as amended (62 Stat. 101,
    50 U.S.C. App. 1921), with respect to the development within the
    United States of a free, competitive, synthetic rubber industry.

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 2, 67 Stat. 408.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of act Aug. 7, 1953, provided that: "This Act [enacting
    sections 1941 to 1941y of this Appendix] shall be known as the
    'Rubber Producing Facilities Disposal Act of 1953'."

-End-



-CITE-
    50 USC APPENDIX Sec. 1941a                                  01/02/2006

-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. 1941a. Rubber Producing Facilities Disposal Commission (!1)

-STATUTE-


-STATUTE-
    (a) Repealed. Pub. L. 89-554 Sec. 8(a), Sept. 6, 1966, 80 Stat. 657
    (b) Duties; sales contracts, instruments of conveyance, leases and
      additional powers
      With respect to the Government-owned rubber-producing facilities
    it shall be the duty of the Commission, and it is authorized in
    accordance with the provisions of this Act [sections 1941 to 1941y
    of this Appendix] (1) to invite and receive proposals for the
    purchase of the facilities; to negotiate for their sale and make
    recommendations therefor to the Congress; to enter into appropriate
    contracts for their sale, which contracts shall be binding upon the
    Government and the prospective purchasers upon their execution
    subject only to the further provisions of this Act [said sections];
    and in the performance of such contracts to execute and deliver
    such deeds or other instruments appropriate to effectively transfer
    to the purchaser thereof title to the facilities, no matter by what
    officer, agent, department, Government corporation, or
    instrumentality of the United States the same is held; (2) to lease
    and thereunder deliver possession of the alcohol butadiene
    facilities, if practicable; and (3) to take such action and
    exercise such powers as may be necessary or appropriate to
    effectuate the purposes of this Act [said sections].
    (c) Consultation with Attorney General
      From the time of its appointment and throughout the course of the
    performance of its duties, the Commission shall consult and advise
    with the Attorney General in order (1) to secure guidance as to the
    type of disposal program which would best foster the development of
    a free competitive synthetic rubber industry, and (2) to supply the
    Attorney General with such information as he may deem requisite to
    enable him to provide the advice contemplated by this section and
    sections 9(a)(4) and 9 (f) of this Act [section 1941g(a)(4), (f) of
    this Appendix].
    (d) Submission of disposal report to Attorney General
      Before submission of its proposed disposal report to the
    Congress, as provided for in section 9 of this Act [section 1941g
    of this Appendix], the Commission shall submit it to the Attorney
    General, who shall within a reasonable time, in no event to exceed
    ninety days, after receiving such report, advise the Commission
    whether, in his opinion, the proposed disposition will violate the
    antitrust laws.
    (e) Antitrust laws as unaffected
      Nothing in this Act [sections 1941 to 1941y of this Appendix]
    shall impair, amend, or modify the antitrust laws or limit and
    prevent their application to persons who acquire property under the
    provisions of this Act [said sections]. As used in this section,
    the term "antitrust laws" includes the Act of July 2, 1890 (ch.
    647, 26 Stat. 209), as amended [15 U.S.C. 1 to 7]; the Act of
    October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal
    Trade Commission Act [15 U.S.C. 41 et seq.]; and the Act of August
    27, 1894 (ch. 349, secs. 73, 74, 28 Stat. 570), as amended [15
    U.S.C. 8, 9].

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 3, 67 Stat. 408; Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 657.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 2, 1890, referred to in subsec. (e), is act July 2,
    1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman Act,
    which is classified to sections 1 to 7 of Title 15, Commerce and
    Trade. For complete classification of this Act to the Code, see
    Short Title note set out under section 1 of Title 15 and Tables.
      Act of October 15, 1914, as amended, referred to in subsec. (e),
    is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as
    the Clayton Act, which is classified generally to sections 12, 13,
    14 to 19, 21, and 22 to 27 of Title 15 and sections 52 and 53 of
    Title 29, Labor. For further details and complete classification of
    this Act to the Code, see References in Text note set out under
    section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in subsec. (e), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15. For complete classification of this Act to the Code,
    see section 58 of Title 15 and Tables.


-MISC1-
                                AMENDMENTS                            
      1966 - Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which
    established the Rubber Producing Facilities Disposal Commission and
    provided for appointment, qualifications, and pay of the
    Commissioners.


-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) See Transfer of Functions note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1941b                                  01/02/2006

-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. 1941b. Furnishing of information concerning facilities to
      Commission on request

-STATUTE-
      The Commission shall be furnished upon its request all available
    information concerning the Government-owned rubber-producing
    facilities in the possession of any department, agency, officer,
    Government corporation, or instrumentality of the United States
    concerned with Government-owned rubber-producing facilities.

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 4, 67 Stat. 409.)


-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 the 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. 1941c                                  01/02/2006

-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. 1941c. Prompt disposal of facilities by Commission; hearings

-STATUTE-
      The Commission shall proceed as promptly as practicable,
    conducting such hearings as may be necessary, with the disposal of
    the rubber-producing facilities in compliance with the provisions
    of this Act [sections 1941 to 1941y of this Appendix].

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 5, 67 Stat. 409.)


-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. 1941d                                  01/02/2006

-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. 1941d. Restriction on activities of members and employees
      after leaving Commission; penalty

-STATUTE-
      (a) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    657.
      (b) No member of the Commission and no person employed by the
    Commission as an attorney, agent, or employee in activities
    involving discretion with respect to negotiations or contracts of
    sale of the Government-owned rubber-producing facilities, shall,
    during the period of such employment, or for a period of two years
    thereafter, be employed in any capacity by any purchaser, or
    affiliate thereof. No purchaser or affiliate thereof shall employ
    in any capacity any person, who has served as a member of the
    Commission or who was employed by the Commission and served the
    Commission as an attorney, agent, or employee in activities
    involving discretion with respect to negotiations or contracts of
    sale of the Government-owned rubber-producing facilities, while any
    such person is serving as a member or employee of the Commission or
    for a period of two years thereafter. Any person violating the
    provisions of this subsection shall be fined not more than $10,000
    or imprisoned not more than one year, or both.

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 6, 67 Stat. 409; Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 657.)


-MISC1-
                                AMENDMENTS                            
      1966 - Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which
    authorized the Commission to employ persons and fix their
    compensation.


-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. 1941e                                  01/02/2006

-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. 1941e. Disposal procedure

-STATUTE-
    (a) Invitation of purchase proposals; notice and advertisement;
      period for receipt of proposals; data to accompany proposals
      The Commission shall invite, upon adequate notice and
    advertisement, proposals for the purchase of the Government-owned
    rubber-producing facilities, hereafter referred to as the
    "facilities". The period for the receipt of proposals shall be
    determined and publicly announced by the Commission, and in no
    event shall be less than six months after the first day on which
    proposals may be received pursuant to the advertisement. The
    advertisement shall be in such form, contain such specifications
    and reservations, and be published in such manner as the Commission
    in its discretion determines will best effectuate the purposes of
    this Act [sections 1941 to 1941y of this Appendix]. All data
    concerning such facilities which in the judgment of the Commission
    may be reasonably required for the submission of a bona fide
    proposal shall be furnished by the Commission upon request by any
    prospective purchaser unless the Commission has reason to believe
    that such prospective purchaser has not identified his principal,
    or is not financially responsible, or is a poor security risk.
    (b) Form and contents of proposals
      Proposals shall be in writing, and shall contain, among other
    things - 
        (1) identification of the person in whose behalf the proposal
      is submitted, including the business affiliation of such person;
        (2) the facility or facilities which are proposed to be
      purchased, and the order of preference if more than one facility
      is proposed to be purchased; or the order of preference if
      proposals are submitted on more than one facility, if only one
      facility is proposed to be purchased;
        (3) the arrangements or plans, if any, formal or informal, for
      the supply of feedstock to, and the disposition of the end
      products of, the respective facilities proposed to be purchased;
        (4) the amount proposed to be paid for each of the facilities,
      and, if such amount is not to be paid in cash, then the principal
      terms of the financing arrangement proposed;
        (5) the general terms and conditions which the prospective
      purchaser of a copolymer facility would be willing to accept in
      order to make the end product of such facility available for sale
      to small business enterprises, and the general terms and
      conditions which the prospective purchaser of a butadiene or
      styrene facility would be willing to accept in order to make the
      end product of such facility available for sale to purchasers of
      copolymer facilities; and
        (6) such other information as the Commission in its notice and
      advertisement for proposals shall require be set forth in
      proposals including the prospective purchaser's acceptance of the
      terms, conditions, restrictions and reservations contained in
      subsection (h) of this section, and the interest rate to be
      charged on the purchase-money mortgage referred to in subsection
      (e) of this section.
    (c) Disclosure of contents of proposals
      Should it become necessary to the effective prosecution of the
    disposal program, the Commission may, after the termination of the
    period for the submission of proposals provided for in subsection
    (a) of this section, disclose the contents of the proposals at such
    time, in such manner, and to such extent as it deems appropriate.
    (d) Deposit of cash or Government bonds to accompany proposals
      Proposals shall be accompanied by a deposit of cash or United
    States Government bonds of face amount equal to 2 1/2  per centum
    of the gross amount proposed to be paid but not exceeding $250,000
    for each facility: Provided, however, That the deposit required in
    the case of a proposal for one of a number of facilities on an
    alternative basis shall be the same as would be required if such
    proposal were for only the facility for which the particular
    prospective purchaser proposed to pay the highest amount. Except in
    the case of purchasers, deposits made hereunder shall be refunded
    without interest and not later than upon the termination of the
    period for congressional review as provided in section 9 of this
    Act [section 1941g of this Appendix]. In the case of purchasers,
    deposits made hereunder shall be applied without interest to the
    purchase price: Provided, however, That upon the closing of the
    contract of sale the purchaser shall be required to substitute cash
    equal to the face amount of the Government bonds then held in
    connection with such purchaser's proposal.
    (e) Payment of purchase price; amount and terms of mortgages
      Payment of the purchase price may be made in part by a first lien
    purchase-money mortgage, in an amount not to exceed 75 per centum
    of the purchase price. The terms of any such mortgage obligation,
    to be determined by negotiation, shall provide among other things
    for a maturity of not more than ten years, periodic amortization,
    and a uniform interest rate of not less than 3 per centum per
    annum.
    (f) Negotiation with those submitting proposals
      Promptly after the termination of the period for the receipt of
    proposals, pursuant to subsection (a) of this section, and for such
    period thereafter not less than seven months as may be determined
    and publicly announced by the Commission, it shall negotiate with
    those submitting proposals for the purpose of entering into
    definitive contracts of sale.
    (g) Securing of additional information from those submitting
      proposals
      Nothing contained in this Act [sections 1941 to 1941y of this
    Appendix] shall be construed to prevent the Commission from
    securing such additional information from those submitting
    proposals at any time as the Commission may deem necessary or
    appropriate to fulfill its responsibilities under this Act [said
    sections].
    (h) National security clause in contracts of sale
      All contracts of sale and instruments in execution thereof shall
    contain a national security clause having terms, conditions,
    restrictions and reservations which will assure the prompt
    availability of the rubber-producing facilities, or facilities of
    equivalent capacity, for the production of synthetic rubber and the
    component materials thereof for a period of ten years from the date
    of the contract.
    (i) Effective date of contracts of sale; time for transfer of
      possession of facilities; failure to complete transfer prior to
      termination date
      Subject to the conditions prescribed in section 24 of this Act
    [section 1941v of this Appendix], any contract of sale shall become
    fully effective upon the expiration of the period for congressional
    review provided for in section 9 of this Act [section 1941g of this
    Appendix] unless the Congress within such period has disapproved
    such sale. The transfer of possession of all of the rubber-
    producing facilities to be sold shall be made as promptly as is
    practicable after the effective date, in accordance with the terms
    of the contracts, but in any event within a period terminating
    sixty days after the expiration of the period for congressional
    review as provided in section 9(b) of this Act [section 1941g(b) of
    this Appendix]. The failure to complete transfer of possession
    prior to said termination date shall not give rise to or be the
    basis of rescission of the contract of sale.
    (j) Limitation on Government rubber sales
      Upon termination of the transfer period, as provided in
    subsection (i) of this section, the operating agency last
    designated by the President shall make no further sales of
    synthetic rubber and its component materials except as otherwise
    provided in this Act [sections 1941 to 1941y of this Appendix].
    (k) Offer of Government rubber for sale to purchasers of facilities
      after termination of transfer period
      During the period of one year following the termination of the
    transfer period, the operating agency last designated by the
    President shall offer for sale to the purchasers of the facilities
    the synthetic rubber and its component materials held by it at a
    price determined in accordance with its pricing policy prevailing
    at the close of the transfer period, in amounts prorated in
    accordance with the ratio of the capacity of each such facility
    purchased to the total capacity of all facilities of the same type
    sold. Any synthetic rubber or component materials not purchased by
    an eligible purchaser during periodic intervals, as determined by
    the operating agency, shall be made available to other eligible
    purchasers on a like equitable basis. Any synthetic rubber or
    component materials not sold during such one-year period shall
    thereafter be disposed of in such manner as said agency deems
    advisable.

-SOURCE-
    (Aug. 7, 1953, ch. 338, Sec. 7, 67 Stat. 409.)


-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. 1941f                                  01/02/2006

-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."

-End-



-CITE-
    50 USC APPENDIX Sec. 1941g                                  01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 1941h                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                              01/02/2006

-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              01/02/2006

-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                                           01/02/2006

-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                          01/02/2006

-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                                              01/02/2006

-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                                            01/02/2006

-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                         01/02/2006

-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                              01/02/2006

-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                                            01/02/2006

-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                         01/02/2006

-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                                          01/02/2006

-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                                           01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                          01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                  01/02/2006

-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.)

-End-


-CITE-
    50 USC APPENDIX TITLE I - UNITED STATES CITIZENS
           OF JAPANESE ANCESTRY AND RESIDENT
           JAPANESE ALIENS                                 01/02/2006

-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                                  01/02/2006

-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                                01/02/2006

-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                                01/02/2006

-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                                01/02/2006

-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]."

-End-



-CITE-
    50 USC APPENDIX Sec. 1989b-4                                01/02/2006

-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."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    50 USC APPENDIX Sec. 1989b-5                                01/02/2006

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 1989b-6                                01/02/2006

-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                                01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 1989b-8                                01/02/2006

-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                                01/02/2006

-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                             01/02/2006

-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                                  01/02/2006

-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                                01/02/2006

-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.)

-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-2                                01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-3                                01/02/2006

-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.)

-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-4                                01/02/2006

-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."

-FOOTNOTE-
    (!1) So in original. Two subsecs. (c) have been enacted.


-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-5                                01/02/2006

-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.)

-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-6                                01/02/2006

-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.

-FOOTNOTE-
    (!1) So in original. Probably should be section "3(c)".


-End-



-CITE-
    50 USC APPENDIX Sec. 1989c-7                                01/02/2006

-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                                01/02/2006

-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                                          01/02/2006

-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                                  01/02/2006

-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                                             01/02/2006

-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                                           01/02/2006

-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                          01/02/2006

-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                                  01/02/2006

-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                                           01/02/2006

-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.                              

-End-


-CITE-
    50 USC APPENDIX TITLE I                                     01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2001                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2002                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2003                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2004                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2005                                   01/02/2006

-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."

-End-



-CITE-
    50 USC APPENDIX Sec. 2006                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2007                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2011                                   01/02/2006

-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                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2012a                                  01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                    01/02/2006

-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                                   01/02/2006

-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                                  01/02/2006

-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.)

-End-



-CITE-
    50 USC APPENDIX Sec. 2017b                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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.)

-End-



-CITE-
    50 USC APPENDIX Sec. 2017i                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                  01/02/2006

-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                                               01/02/2006

-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                                        01/02/2006

-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                         01/02/2006

-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                             01/02/2006

-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                                              01/02/2006

-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                          01/02/2006

-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                01/02/2006

-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                                             01/02/2006

-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                          01/02/2006

-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              01/02/2006

-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                                            01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2061                                   01/02/2006

-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 2003 AMENDMENT                   
      Pub. L. 108-195, Sec. 1, Dec. 19, 2003, 117 Stat. 2892, provided
    that: "This Act [amending sections 2152, 2155, 2161, and 2166 of
    this Appendix and enacting provisions set out as notes under
    sections 2062, 2093, and 2099 of this Appendix] may be cited as the
    'Defense Production Act Reauthorization of 2003'."

                       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                                   01/02/2006

-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-
      REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED BUSINESSES  
      Pub. L. 108-195, Sec. 6, Dec. 19, 2003, 117 Stat. 2893, provided
    that:
      "(a) Report Required. - Before the end of the 1-year period
    beginning on the date of the enactment of this Act [Dec. 19, 2003],
    the Secretary of Defense shall submit a report to the Committee on
    Banking, Housing, and Urban Affairs of the Senate and the Committee
    on Financial Services of the House of Representatives on the extent
    to which contracts entered into during the fiscal year ending
    before the end of such 1-year period under the Defense Production
    Act of 1950 [sections 2061 to 2071 of this Appendix] have been
    contracts with minority- and women-owned businesses.
      "(b) Contents of Report. - The report submitted under subsection
    (a) shall include the following:
        "(1) The types of goods and services obtained under contracts
      with minority- and women-owned businesses under the Defense
      Production Act of 1950 in the fiscal year covered in the report.
        "(2) The dollar amounts of such contracts.
        "(3) The ethnicity of the majority owners of such minority- and
      women-owned businesses.
        "(4) A description of the types of barriers in the contracting
      process, such as requirements for security clearances, that limit
      contracting opportunities for minority- and women-owned
      businesses, together with such recommendations for legislative or
      administrative action as the Secretary of Defense may determine
      to be appropriate for increasing opportunities for contracting
      with minority- and women-owned businesses and removing barriers
      to such increased participation.
      "(c) Definitions. - For purposes of this section, the terms
    'women-owned business' and 'minority-owned business' have the
    meanings given such terms in section 21A(r) of the Federal Home
    Loan Bank Act [12 U.S.C. 1441a(r)], and the term 'minority' has the
    meaning given such term in section 1204(c)(3) of the Financial
    Institutions Reform, Recovery, and Enforcement Act of 1989 [Pub. L.
    101-73, 12 U.S.C. 1811 note]."

                            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                                     01/02/2006

-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               

-End-



-CITE-
    50 USC APPENDIX Sec. 2071                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2072                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2073                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2074                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2075                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                                   01/02/2006

-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                         01/02/2006

-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                                   01/02/2006

-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                  01/02/2006

-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      

-End-



-CITE-
    50 USC APPENDIX Sec. 2091                                   01/02/2006

-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) (!1) [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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 702, referred to in subsec. (a)(1), was subsequently
    amended, and section 702(16) no longer defines the term "small-
    business concern". However, such term is defined elsewhere in that
    section.


-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2092                                   01/02/2006

-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2093                                   01/02/2006

-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-
           RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS       
      Pub. L. 108-195, Sec. 3, Dec. 19, 2003, 117 Stat. 2892, provided
    that:
      "(a) In General. - Notwithstanding the limitation contained in
    section 303(a)(6)(C) of the Defense Production Act of 1950 (50
    U.S.C. App. 2093(a)(6)(C)), the President may take actions under
    section 303 of the Defense Production Act of 1950 to correct the
    industrial resource shortfall for radiation-hardened electronics,
    to the extent that such Presidential actions do not cause the
    aggregate outstanding amount of all such actions to exceed
    $200,000,000.
      "(b) Report by the Secretary. - Before the end of the 6-month
    period beginning on the date of the enactment of this Act [Dec. 19,
    2003], the Secretary of Defense shall submit a report to the
    Committee on Banking, Housing, and Urban Affairs of the Senate and
    the Committee on Financial Services of the House of Representatives
    describing - 
        "(1) the current state of the domestic industrial base for
      radiation-hardened electronics;
        "(2) the projected requirements of the Department of Defense
      for radiation-hardened electronics;
        "(3) the intentions of the Department of Defense for the
      industrial base for radiation-hardened electronics; and
        "(4) the plans of the Department of Defense for use of
      providers of radiation-hardened electronics beyond the providers
      with which the Department had entered into contractual
      arrangements under the authority of the Defense Production Act of
      1950 [sections 2061 to 2071 of this Appendix], as of the date of
      the enactment of this Act."
      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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2094                                   01/02/2006

-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. 2094. Defense Production Act Fund

-STATUTE-
    (a) Establishment of Fund
      There is established in the Treasury of the United States a
    separate fund to be known as the Defense Production Act Fund
    (hereafter in this section referred to as "the Fund").
    (b) Moneys in Fund
      There shall be credited to the Fund - 
        (1) all moneys appropriated for the Fund, as authorized by
      section 711(b) [section 2161(b) of this Appendix]; and
        (2) all moneys received by the Fund on transactions entered
      into pursuant to section 303 [section 2093 of this Appendix].
    (c) Use of Fund
      The Fund shall be available to carry out the provisions and
    purposes of this title [sections 2091 to 2099a of this Appendix],
    subject to the limitations set forth in this Act [sections 2061 to
    2171 of this Appendix] and in appropriations Acts.
    (d) Duration of Fund
      Moneys in the Fund shall remain available until expended.
    (e) Fund balance
      The Fund balance at the close of each fiscal year shall not
    exceed $400,000,000, excluding any moneys appropriated to the Fund
    during that fiscal year or obligated funds. If, at the close of any
    fiscal year, the Fund balance exceeds $400,000,000, the amount in
    excess of $400,000,000 shall be paid into the general fund of the
    Treasury.
    (f) Fund manager
      The President shall designate a Fund manager. The duties of the
    Fund manager shall include - 
        (1) determining the liability of the Fund in accordance with
      subsection (g);
        (2) ensuring the visibility and accountability of transactions
      engaged in through the Fund; and
        (3) reporting to the Congress each year regarding activities of
      the Fund during the previous fiscal year.
    (g) Liabilities against Fund
      When any agreement entered into pursuant to this title [sections
    2091 to 2099a of this Appendix] after December 31, 1991, imposes
    any contingent liability upon the United States, such liability
    shall be considered an obligation against the Fund.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 304, 64 Stat. 802; June 2,
    1951, ch. 121, Ch. XI, 65 Stat. 61; July 31, 1951, ch. 275, title
    I, Sec. 103(b), (c), 65 Stat. 134; Pub. L. 86-560, Sec. 2, June 30,
    1960, 74 Stat. 282; Pub. L. 88-343, Sec. 3, June 30, 1964, 78 Stat.
    235; Pub. L. 93-426, Sec. 2, Sept. 30, 1974, 88 Stat. 1166; Pub. L.
    102-558, title I, Sec. 122, Oct. 28, 1992, 106 Stat. 4206; Pub. L.
    107-47, Sec. 4(4), Oct. 5, 2001, 115 Stat. 260.)


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b)(1). Pub. L. 107-47 substituted "section
    711(b)" for "section 711(c)".
      1992 - Pub. L. 102-558 amended section generally. Prior to
    amendment, section read as follows:
      "(a) For the purposes of sections 302 and 303, the President is
    authorized to utilize such existing departments, agencies,
    officials, or corporations of the Government as he may deem
    appropriate, or to create new agencies (other than corporations).
      "(b) The Secretary of the Treasury is authorized and directed to
    cancel the outstanding balance of all unpaid notes issued to the
    Secretary of the Treasury pursuant to this section, together with
    interest accrued and unpaid on such notes.
      "(c) Any cash balance remaining on June 30, 1974, in the
    borrowing authority previously authorized by this section, and any
    funds thereafter received on transactions heretofore or hereafter
    entered into pursuant to sections 302 and 303 shall be covered into
    the Treasury as miscellaneous receipts."
      1974 - Subsec. (b). Pub. L. 93-426 substituted provisions
    authorizing Secretary of the Treasury to cancel outstanding balance
    of all unpaid notes issued to Secretary of the Treasury together
    with interest accrued and unpaid on such notes, for provisions
    relating to borrowing authority mechanism by which all program
    operations under the Defense Production Act have been financed
    since the initiation of the Act in 1950 with an overall limit of
    $2.1 billion outstanding at any one time and with provisions for
    payment of interest on the obligations.
      Subsec. (c). Pub. L. 93-426 added subsec. (c). Former subsec. (c)
    was repealed by act July 31, 1951, ch. 275, title I, Sec. 103(c),
    65 Stat. 134.
      1964 - Subsec. (b). Pub. L. 88-343 provided that no new purchases
    or commitments to purchase shall be made or entered into after June
    30, 1964, unless President makes a finding that such new purchases
    or commitments are essential to national security, and that total
    of such new purchases or commitments including contingent
    liabilities, could not exceed $100,000,000.
      1960 - Subsec. (b). Pub. L. 86-560 substituted "six months" for
    "quarter".
      1951 - Subsec. (b). Act July 31, 1951, Sec. 103(b), increased
    revolving fund from $600,000,000 to $2,100,000,000, and limited
    contingent liability of the United States.
      Act June 2, 1951, increased aggregate of borrowing from
    $600,000,000 to $1,600,000,000.
      Subsec. (c). Act July 31, 1951, Sec. 103(c), repealed subsec. (c)
    which authorized $1,400,000,000 to be appropriated to carry out
    sections 2092 and 2093 of this Appendix.

                     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.

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

                    DEFENSE PRODUCTION ACT FUND MANAGER                
      Secretary of Defense designated Defense Production Act Fund
    Manager in accordance with subsec. (f) of this section, see section
    309 of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29529, set out as
    a note under section 2153 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2095                                   01/02/2006

-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. 2095. Synthetic fuel production

-STATUTE-
    (a) Immediate Presidential action to meet national defense needs;
      exercise of authorities; United States Synthetic Fuel Corporation
      authority unaffected
      (1)(A) Subject to subsection (k)(1), in order to encourage and
    expedite the development of synthetic fuel for use for national
    defense purposes, the President, utilizing the provisions of this
    Act [sections 2061 to 2171 of this Appendix] (other than sections
    101(a), 101(b), 301, 302, 303, and 306 [sections 2071(a), 2071(b),
    2091, 2092, 2093, and 2096 of this Appendix]), and any other
    applicable provision of law, shall take immediate action to achieve
    production of synthetic fuel to meet national defense needs.
      (B) The President shall exercise the authority granted by this
    section - 
        (i) in consultation with the Secretary of Energy;
        (ii) through the Department of Defense and any other Federal
      department or agency designated by the President; and
        (iii) consistent with an orderly transition to the separate
      authorities established pursuant to the United States Synthetic
      Fuels Corporation Act of 1980 [42 U.S.C. 8701 et seq.].

      (2) This section shall not affect the authority of the United
    States Synthetic Fuels Corporation.
    (b) Specific Presidential authorities; requisites, limitations,
      etc.
      (1)(A) To assist in carrying out the objectives of this section,
    the President, subject to subsections (c) and (d), shall - 
        (i) contract for purchases of, or commitments to purchase,
      synthetic fuel for Government use for defense needs;
        (ii) subject to paragraph (3), issue guarantees in accordance
      with the provisions of section 301 [section 2091 of this
      Appendix], except that the provisions of section 301(e)(1)(B)
      [section 2091(e)(1)(B) of this Appendix] shall not apply with
      respect to such guarantees; and
        (iii) subject to paragraph (3), make loans in accordance with
      the provisions of section 302 [section 2092 of this Appendix],
      except that the provisions of section 302(2) [section 2092(2) of
      this Appendix] shall not apply with respect to such loans.

      (2)(A) Except as provided in subparagraph (B) assistance
    authorized under this subsection may be provided only to persons
    who are participating in a synthetic fuel project.
      (B) For purposes of fabrication or manufacture of any component
    of a synthetic fuel project, assistance authorized under paragraph
    (1)(A)(ii) and paragraph (1)(A)(iii) may be provided to any
    fabricator or manufacturer of such component.
      (3) The President may not utilize the authority under paragraph
    (1) to provide any loan or guarantee in accordance with the
    provisions of section 301 [section 2091 of this Appendix] or
    section 302 [section 2092 of this Appendix] in amounts which exceed
    the limitations established in such sections unless the President
    submits to the Congress notification of the proposed loan or
    guarantee in the manner specified under section 307 (!1) [section
    2097 of this Appendix] and such proposed action is either approved
    or not disapproved by the Congress under such section. For purposes
    of section 307 (!1) [section 2097 of this Appendix], any proposal
    pertaining to a proposed loan or guarantee, notice of which is
    transmitted to the Congress under this paragraph, shall be
    considered to be a synthetic fuel action.

    (c) Purchases and commitments to purchase by President; authority;
      limitations; advance payments prior to construction of synthetic
      fuel project
      (1) Subject to paragraph (2), purchases and commitments to
    purchase under subsection (b) may be made - 
        (A) without regard to the limitations of existing law (other
      than the limitations contained in this Act [sections 2061 to 2171
      of this Appendix]) regarding the procurement of goods or services
      by the Government; and
        (B) subject to section 717(a) [section 2166(a) of this
      Appendix], for such quantities, on such terms and conditions
      (including advance payments subject to paragraph (3)), and for
      such periods as the President deems necessary.

      (2) Purchases or commitments to purchase under subsection (b)
    involving higher than established ceiling prices (or if there are
    no established ceiling prices, currently prevailing market prices
    as determined by the Secretary of Energy) shall not be made unless
    it is determined that supplies of synthetic fuel could not be
    effectively increased at lower prices or on terms more favorable to
    the Government, or that such commitments or purchases are necessary
    to assure the availability to the United States of supplies
    overseas for use for national defense purposes.
      (3) Advance payments may not be made under this section unless
    construction has begun on the synthetic fuel project involved or
    the President determines that all conditions precedent to
    construction have been met.
    (d) Bidding and contracting procedures and requirements applicable
      to purchases and commitments to purchase
      (1) Except as provided in paragraph (2), any purchase of or
    commitment to purchase synthetic fuel under subsection (b) shall be
    made by solicitation of sealed competitive bids.
      (2) In any case in which no such bids are submitted to the
    President or the President determines that no such bids which have
    been submitted to the President are acceptable, the President may
    negotiate contracts for such purchases and commitments to purchase.
      (3) Any contract for such purchases or commitments to purchase
    shall provide that the President has the right to refuse delivery
    of the synthetic fuel involved and to pay the person involved an
    amount equal to the amount by which the price for such synthetic
    fuel, as specified in the contract involved, exceeds the market
    price, as determined by the Secretary of Energy, for such synthetic
    fuel on the delivery date specified in such contract.
      (4)(A)(i) With respect to any person, including any other person
    who is substantially controlled by such person (as determined by
    the Secretary of Energy), the President, subject to subparagraph
    (A)(ii), may not award contracts for the purchase of or commitment
    to purchase more than 100,000 barrels per day crude oil equivalent
    of synthetic fuel.
      (ii) With respect to any person, including any other person who
    is substantially controlled by such person (as determined by the
    Secretary of Energy), the President may not award any contract for
    the purchase or commitment to purchase of more than 75,000 barrels
    per day crude oil equivalent of synthetic fuel unless the President
    submits to the Congress notification of such proposed contract or
    commitment in the manner specified under section 307 (!2) [section
    2097 of this Appendix] and such proposed action is either approved
    or not disapproved by the Congress under such section. For purposes
    of section 307 (!2) [section 2097 of this Appendix], any proposal
    pertaining to such a proposed contract or commitment, notice of
    which is transmitted to the Congress under this subparagraph, shall
    be considered to be a synthetic fuel action.

      (B) A contract for the purchase of or commitment to purchase
    synthetic fuel may be entered into only for synthetic fuel which is
    produced in a synthetic fuel project which is located in the United
    States.
      (C) Each contract entered into under this section for the
    purchase of or commitment to purchase synthetic fuel shall provide
    that all parties to such contract agree to review and to possibly
    renegotiate such contract within 10 years after the date of the
    initial production at the synthetic fuel project involved. At the
    time of such review, the President shall determine the need for
    continued financial assistance pursuant to such contract.
      (5) In any case in which the President, under the provisions of
    this section, accepts delivery of any synthetic fuel, such
    synthetic fuel may be used by an appropriate Federal agency. Such
    Federal agency shall pay for such synthetic fuel the prevailing
    market price for the product which such synthetic fuel is
    replacing, as determined by the Secretary of Energy, from sums
    appropriated to such Federal agency for the purchase of fuel, and
    the President shall pay, from sums appropriated for such purpose
    pursuant to the authorizations contained in sections 711(a)(2) and
    711(a)(3) (!2) [section 2161(a)(2) and 2161(a)(3) of this
    Appendix], an amount equal to the amount by which the contract
    price for such synthetic fuel as specified in the contract involved
    exceeds such prevailing market price.
      (6) In considering any proposed contract under this section, the
    President shall take into account the socioeconomic impacts on
    communities which would be affected by any new or expanded
    facilities required for the production of the synthetic fuel under
    such contract.
    (e) Scope of Presidential procurement power
      The procurement power granted to the President under this section
    shall include the power to transport and store and have processed
    and refined any product procured under this section.
    (f) Determinations necessary for purchase and sale of synthetic
      fuel
      (1) No authority contained in this section may be exercised to
    acquire any amount of synthetic fuel unless the President
    determines that such synthetic fuel is needed to meet national
    defense needs and that it is not anticipated that such synthetic
    fuel will be resold by the Government.
      (2) In any case in which synthetic fuel is acquired by the
    Government under this section, such synthetic fuel is no longer
    needed to meet national defense needs, and such synthetic fuel is
    not accepted by a Federal agency pursuant to subsection (d)(5), the
    President shall offer such synthetic fuel to the Secretary of
    Energy for purposes of meeting the storage requirements of the
    Strategic Petroleum Reserve.
      (3) Any synthetic fuel which is acquired by the Government under
    this section and which is not used by the Government or accepted by
    the Secretary of Energy pursuant to paragraph (2) shall be sold in
    accordance with applicable Federal law.
    (g) Maximum liability of Federal Government under contracts;
      budgetary certifications
      (1) Any contract under this section including any amendment or
    other modification of such contract, shall, subject to the
    availability of unencumbered appropriations in advance, specify in
    dollars the maximum liability of the Federal Government under such
    contract as determined in accordance with paragraph (2).
      (2) For the purpose of determining the maximum liability under
    any contract under paragraph (1) - 
        (A) loans shall be valued at the initial face value of the
      loan;
        (B) guarantees shall be valued at the initial face value of
      such guarantee (including any amount of interest which is
      guaranteed under such guarantee);
        (C) purchase agreements shall be valued as of the date of each
      such contract based upon the President's estimate of the maximum
      liability under such contract; and
        (D) any increase in the liability of the Government pursuant to
      any amendment or other modification to a contract for a loan,
      guarantee, or purchase agreement shall be valued in accordance
      with the applicable preceding subparagraph.

      (3) If more than one form of assistance is provided under this
    section to any synthetic fuel project, then the maximum liability
    under such contract for purposes of paragraphs (1) and (2) shall be
    valued at the maximum potential exposure on such project at any
    time during the life of such project.
      (4) Any such contract shall be accompanied by a certification by
    the Director of the Office of Management and Budget that the
    necessary appropriations have been made for the purpose of such
    contract and are available. The remaining available and
    unencumbered appropriations shall equal the total aggregate
    appropriations less the aggregate maximum liability of the Federal
    Government under all contracts pursuant to this section.
      (5) Any commitment made under this section which is nullified or
    voided for any reason shall not be considered in the aggregate
    maximum liability for the purposes of paragraph (4).
    (h) Loan, guarantee, or purchase agreement not to be deemed a major
      Federal action significantly affecting the quality of the human
      environment
      For purposes of section 102(2)(C) of the National Environmental
    Policy Act of 1969 (42 U.S.C. 4332(2)(C)), no action in providing
    any loan, guarantee, or purchase agreement under this section shall
    be deemed to be a major Federal action significantly affecting the
    quality of the human environment.
    (i) Labor standards; applicability, certifications, etc.
      All laborers and mechanics employed for the construction, repair,
    or alteration of any synthetic fuel project funded, in whole or in
    part, by a guarantee or loan entered into pursuant to this section
    shall be paid wages at rates not less than those prevailing on
    projects of a similar character in the locality as determined by
    the Secretary of Labor in accordance with subchapter IV of chapter
    31 of title 40, United States Code. Guaranteeing agencies shall not
    extend guarantees and the President shall not make loans for the
    construction, repair or alteration of any synthetic fuel project
    unless a certification is provided to the agency or the President,
    as the case may be, prior to the commencement of construction or at
    the time of filing an application for a loan or guarantee, if
    construction has already commenced, that these labor standards will
    be maintained at the synthetic fuel project. With respect to the
    labor standards specified in this subsection, the Secretary of
    Labor shall have the authority and functions set forth in
    Reorganization Plan Numbered 14 of 1950.
    (j) Other jurisdictional, etc., authorities relating to water
      resources and rights unaffected
      (1) Nothing in this section shall - 
        (A) affect the jurisdiction of the States and the United States
      over waters of any stream or over any ground water resource;
        (B) alter, amend, repeal, interpret, modify, or be in conflict
      with any interstate compact made by any States; or
        (C) confer upon any non-Federal entity the ability to exercise
      any Federal right to the waters of any stream or to any ground
      water resource.

      (2) No synthetic fuel project constructed pursuant to the
    authorities of this section shall be considered to be a Federal
    project for purposes of the application for or assignment of water
    rights.
    (k) Termination of contracting or commitment authority of
      President; renewal or extension of contracts
      (1) Subject to paragraph (2), the authority of the President to
    enter into any new contract or commitment under this section shall
    cease to be effective on the date on which the President determines
    that the United States Synthetic Fuels Corporation is established
    and fully operational consistent with the provisions of the United
    States Synthetic Fuels Corporation Act of 1980 [42 U.S.C. 8701 et
    seq.].
      (2) Contracts entered into under this section before the date
    specified in paragraph (1) may be renewed and extended by the
    President after the date specified in paragraph (1) but only to the
    extent that Congress has specifically appropriated funds for such
    renewals and extensions.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 305, as added Pub. L. 96-
    294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 619; amended
    Pub. L. 107-314, div. A, title X, Sec. 1062(o)(3), Dec. 2, 2002,
    116 Stat. 2653.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Synthetic Fuels Corporation Act of 1980,
    referred to in subsecs. (a)(1)(B)(iii) and (k)(1), is Pub. L. 96-
    294, title I, pt. B, June 30, 1980, 94 Stat. 633, which was
    classified generally to chapter 95 (Sec. 8701 et seq.) of Title 42,
    The Public Health and Welfare, and was omitted from the Code. For
    complete classification of this Act to the Code, see Tables.
      Section 307, referred to in subsecs. (b)(3) and (d)(4)(A)(ii), is
    classified to section 2097 of this Appendix and was amended by Pub.
    L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106 Stat. 4218, and
    as so amended, provisions relating to congressional approval of
    synthetic fuel action by the President were struck out.
      Section 711, referred to in subsec. (d)(5), is classified to
    section 2161 of this Appendix and was amended by Pub. L. 102-558,
    title I, Sec. 152, Oct. 28, 1992, 106 Stat. 4218, repealing subsec.
    (a)(2) and redesignating subsec. (a)(3) as subsec. (b). Subsec. (b)
    was subsequently repealed and a new subsec. (b) added by Pub. L.
    104-64, Sec. 3(2), Dec. 18, 1995, 109 Stat. 689.
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (i), is set out in the Appendix to Title 5, Government Organization
    and Employees.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (i). Pub. L. 107-314, Sec. 1062(o)(3)(B), struck
    out "and section 276(c) of title 40" before period at end.
      Pub. L. 107-314, Sec. 1062(o)(3)(A), substituted "subchapter IV
    of chapter 31 of title 40, United States Code" for "the Act
    entitled 'An Act relating to the rate of wages for laborers and
    mechanics employed on public buildings of the United States and the
    District of Columbia by contractors and subcontractors, and for
    other purposes', approved March 3, 1931 (40 U.S.C. 276a et seq.)
    and commonly known as the Davis-Bacon Act".

                              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.


-TRANS-
         TERMINATION OF UNITED STATES SYNTHETIC FUELS CORPORATION     
      United States Synthetic Fuels Corporation terminated by Pub. L.
    99-272, title VII, Sec. 7403(b), Apr. 7, 1986, 100 Stat. 144, set
    out as a note under section 8791 of Title 42, The Public Health and
    Welfare.


-EXEC-
                         EXECUTIVE ORDER NO. 12242                     
      Ex. Ord. No. 12242, Sept. 30, 1980, 45 F.R. 65175, which related
    to delegation and exercise of functions relating to synthetic
    fuels, was revoked, except with respect to any loan guarantee
    issued under the provisions of that order, by Ex. Ord. No. 12346,
    Sec. 4, Feb. 8, 1982, 47 F.R. 5993, set out below.

     EX. ORD. NO. 12346. TRANSITION OF SYNTHETIC FUEL RESPONSIBILITIES
        FROM DEPARTMENT OF ENERGY TO UNITED STATES SYNTHETIC FUELS
                                CORPORATION
      Ex. Ord. No. 12346, Feb. 8, 1982, 47 F.R. 5993, provided:
      By the authority vested in me as President by Section 305(k) of
    the Defense Production Act of 1950, as amended (50 U.S.C. App.
    2095(k)), and having determined that the United States Synthetic
    Fuels Corporation is established and fully operational consistent
    with the provisions of the United States Synthetic Fuels
    Corporation Act of 1980 (Public Law 96-294; 94 Stat. 633 et seq.)
    [42 U.S.C. 8701 et seq.], and to provide for an orderly transition
    of synthetic fuel responsibilities from the Department of Energy to
    the United States Synthetic Fuels Corporation, it is hereby ordered
    as follows:
      Section 1. No new awards for purchases or commitments for
    financial assistance shall be made under the provisions of Section
    305 of the Defense Production Act of 1950, as amended [this
    section].
      Sec. 2. Synthetic fuels projects or actions initiated by the
    Department of Energy shall, to the extent provided in the
    Supplemental Appropriations and Rescissions Act, 1980 (Public Law
    96-304; 94 Stat. 880-881) [see 42 U.S.C. 5915 note], transfer to
    the Corporation upon a majority vote of the Board of Directors of
    the Corporation, and unexpended balances of the funds obligated for
    such projects shall be transferred to the Corporation to the extent
    such projects are transferred to the Corporation.
      Sec. 3. The balance of the amounts not committed or not
    conditionally committed by the Department of Energy which were
    appropriated by Public Law 96-304 and Public Law 96-126 [see 42
    U.S.C. 5915 note] from the Energy Security Reserve to the
    Department of Energy are available as provided in the Supplemental
    Appropriations and Rescissions Act, 1981 (Public Law 97-12; 95
    Stat. 48) [see 42 U.S.C. 5915 note], to carry out the provisions of
    Title I of the Energy Security Act (Public Law 96-294; 94 Stat. 616
    et seq.) [which enacted sections 2075, 2076, and 2095 to 2098 of
    this Appendix and section 8701 et seq. of Title 42, The Public
    Health and Welfare, amended sections 2062, 2091 to 2093, 2151,
    2161, and 2166 of this Appendix, and enacted provisions set out as
    notes under sections 2061 and 2062 of this Appendix and section
    8701 of Title 42].
      Sec. 4. Executive Order No. 12242 of September 30, 1980 is
    revoked.
      Sec. 5. Notwithstanding the revocation of Executive Order No.
    12242, the provisions of that Order shall continue in full force
    and effect with respect to any loan guarantee issued under the
    provisions of that Order.
                                                          Ronald Reagan.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2096                                   01/02/2006

-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. 2096. Synthetic fuel production subsequent to determinations
      respecting a national energy supply shortage of defense fuels

-STATUTE-
    (a) Invocation of authorities; judicial review prohibited
      (a)(1) At any time after the date of the enactment of this
    section [June 30, 1980], the President may, subject to paragraph
    (2), invoke the authorities provided under this section upon making
    all the following determinations and transmitting a report to the
    Congress regarding such determinations:
        (A) a national energy supply shortage has resulted or is likely
      to result in a shortfall of petroleum supplies in the United
      States, and such shortage is expected to persist for a period of
      time sufficient to seriously threaten the adequacy of defense
      fuel supplies essential to direct defense and direct defense
      industrial base programs;
        (B) the continued adequacy of such supplies cannot be assured
      and requires expedited production of synthetic fuel to provide
      such defense fuel supplies;
        (C) the expedited production of synthetic fuel to provide such
      defense fuel supplies will not be accomplished in a timely manner
      by the United States Synthetic Fuels Corporation; and
        (D) the exercise of the authorities provided under subsection
      (c) is necessary to provide for the expedited production of
      synthetic fuel to provide such defense fuel supplies.

      (2)(A) Any transmittal under paragraph (1) shall contain a
    determination by the President regarding the extent of the
    anticipated shortage of petroleum supplies. If the President
    determines that such shortage is greater than 25 percent, the
    authorities invoked by the President under this section shall be
    effective on the date on which the report required under paragraph
    (1) is transmitted to the Congress.
      (B) If the President determines that such shortage is less than
    25 percent, the transmittal under paragraph (1) shall be made in
    accordance with section 307 (!1) [section 2097 of this Appendix]
    and the authorities under this section shall be effective only as
    provided under such section. For purposes of section 307 (!1)
    [section 2097 of this Appendix], any determination to invoke
    authorities under this section, notice of which is transmitted to
    the Congress under this subsection, shall be considered to be a
    synthetic fuel action.

      (3) No court shall have the authority to review any determination
    made by the President under this subsection.
    (b) Immediate Presidential action to meet national defense needs;
      exercise of authorities; United States Synthetic Fuels
      Corporation authority unaffected
      (1)(A) Subject to the requirements of subsection (a), in order to
    encourage and expedite the development of synthetic fuel for use
    for national defense purposes, the President, utilizing the
    provisions of this Act [sections 2061 to 2171 of this Appendix]
    (other than sections 101(a), 101(b), 301, 302, 303, and 305
    [sections 2071(a), 2071(b), 2091, 2092, 2093, and 2095 of this
    Appendix]), and any other applicable provision of law, shall take
    immediate action to achieve production of synthetic fuel to meet
    national defense needs.
      (B) The President shall exercise the authority granted by this
    section - 
        (i) in consultation with the Secretary of Energy; and
        (ii) through the Department of Defense and any other Federal
      department or agency designated by the President.

      (2) This section shall not affect the authority of the United
    States Synthetic Fuels Corporation.
    (c) Specific Presidential authorities; requisites, limitations,
      etc.
      (1)(A) To assist in carrying out the objectives of this section,
    the President, subject to subsections (d) and (e), shall - 
        (i) contract for purchases of or commitments to purchase
      synthetic fuel for Government use for defense needs;
        (ii) subject to paragraph (4), issue guarantees in accordance
      with the provisions of section 301 [section 2091 of this
      Appendix], except that the provisions of section 301(e)(1)(B)
      [section 2091(e)(1)(B) of this Appendix] shall not apply with
      respect to such guarantees;
        (iii) subject to paragraph (4), make loans in accordance with
      the provisions of section 302 [section 2092 of this Appendix],
      except that the provisions of section 302(2) [section 2092(2) of
      this Appendix] shall not apply with respect to such loans;
        (iv) have the authority to require fuel suppliers to provide
      synthetic fuel in any case in which the President deems it
      practicable and necessary to meet the national defense needs of
      the United States. Nothing in this paragraph shall be intended to
      provide authority for the President to require fuel suppliers to
      produce synthetic fuel if such suppliers are not already
      producing synthetic fuel or do not intend to produce synthetic
      fuel;
        (v) have the authority to install additional equipment,
      facilities, processes, or improvements to plants, factories, and
      other industrial facilities owned by the Government, and to
      install Government-owned equipment in plants, factories, and
      other industrial facilities owned by private persons; and
        (vi) have the authority to undertake Government synthetic fuel
      projects in accordance with the provisions of paragraph (2).

      (B)(i) Except as provided in clause (ii), assistance authorized
    under this subsection may be provided only to persons who are
    participating in a synthetic fuel project.
      (ii) For purposes of fabrication or manufacture of any component
    of a synthetic fuel project, assistance authorized under paragraph
    (1)(A)(ii) and paragraph (1)(A)(iii) may be provided to any
    fabricator or manufacturer of such component.
      (2)(A) The Government, acting through the President, is
    authorized to own Government synthetic fuel projects. In any case
    in which the Government owns a Government synthetic fuel project,
    the Government shall contract for the construction and operation of
    such project.
      (B) The authority of the Government pursuant to subparagraph (A)
    to own and contract for the construction and operation of any
    Government synthetic fuel project shall include, among other
    things, the authority to - 
        (i) subject to subparagraph (C), take delivery of synthetic
      fuel from such project; and
        (ii) transport and store and have processed and refined such
      synthetic fuel.

      (C) Any synthetic fuel which the Government takes delivery of
    from a Government synthetic fuel project shall be disposed of in
    accordance with subsection (g).
      (D) To the maximum extent feasible, the President shall utilize
    the private sector for the activities associated with this
    paragraph.
      (3)(A) Except as provided in subparagraph (B), any contract for
    the construction or operation of a Government synthetic fuel
    project shall be made by solicitation of sealed competitive bids.
      (B) In any case in which no such bids are submitted to the
    President or the President determines that no such bids have been
    submitted which are acceptable to the President, the President may
    negotiate contracts for such construction and operation.
      (4) The President may not utilize the authority under paragraph
    (1) to provide any loan or guarantee in accordance with the
    provisions of section 301 [section 2091 of this Appendix] or
    section 302 [section 2092 of this Appendix] in amounts which exceed
    the limitations established in such sections unless the President
    submits to the Congress notification of the proposed loan or
    guarantee in the manner specified under section 307 (!2) [section
    2097 of this Appendix] and such proposed action is either approved
    or not disapproved by the Congress under such section. For purposes
    of section 307 (!2) [section 2097 of this Appendix], any proposal
    pertaining to a proposed loan or guarantee, notice of which is
    transmitted to the Congress under this paragraph, shall be
    considered to be a synthetic fuel action.

      (5) Before the President may utilize any specific authority
    described under paragraph (1), the President shall transmit to the
    Congress a statement containing a certification that the
    determinations made by the President in the transmittal to the
    Congress under subsection (a)(1) are still valid at the time of the
    transmittal of such certification.
      (6)(A) No authority contained in paragraphs (1)(A)(i) through
    (1)(A)(iv) may be utilized by the President unless the use of such
    authority has been authorized by the Congress in an Act hereinafter
    enacted by the Congress.
      (B) The President may not utilize any authority under paragraph
    (1)(A)(v) or paragraph (1)(A)(vi) unless the proposed exercise of
    authority has been specifically authorized on a project-by-project
    basis in an Act hereinafter enacted by the Congress and funds have
    been specifically appropriated by the Congress for purposes of
    exercising such authority.
    (d) Purchases and commitments to purchase by President; authority;
      limitations; advance payments prior to construction of synthetic
      fuel project
      (1) Subject to paragraph (2), purchases and commitments to
    purchase under subsection (c) may be made - 
        (A) without regard to the limitations of existing law (other
      than those limitations contained in this Act [sections 2061 to
      2171 of this Appendix]) regarding the procurement of goods or
      services by the Government; and
        (B) subject to section 717(a) [section 2166(a) of this
      Appendix], for such quantities, on such terms and conditions
      (including advance payments subject to paragraph (3)), and for
      such periods as the President deems necessary.

      (2) Purchases or commitments to purchase under subsection (c)
    involving higher than established ceiling prices (or if there are
    no established ceiling prices, currently prevailing market prices
    as determined by the Secretary of Energy) shall not be made unless
    it is determined that supplies of synthetic fuel could not be
    effectively increased at lower prices or on terms more favorable to
    the Government, or that such commitments or purchases are necessary
    to assure the availability to the United States of supplies
    overseas for use for national defense purposes.
      (3) Advance payments may not be made under this section unless
    construction has begun on the synthetic fuel project involved or
    the President determines that all conditions precedent to
    construction have been met.
    (e) Bidding and contracting procedures and requirements applicable
      to purchases and commitments to purchase
      (1) Except as provided in paragraph (2), any purchase or
    commitment to purchase synthetic fuel under subsection (c) shall be
    made by solicitation of sealed competitive bids.
      (2) In any case in which no such bids are submitted to the
    President or the President determines that no such bids which have
    been submitted to the President are acceptable, the President may
    negotiate contracts for such purchases and commitments to purchase.
      (3) Any contract for such purchases or commitments to purchase
    shall provide that the President has the right to refuse delivery
    of the synthetic fuel involved and to pay the person involved an
    amount equal to the amount by which the price for such synthetic
    fuel, as specified in the contract involved, exceeds the market
    price, as determined by the Secretary of Energy, for such synthetic
    fuel on the delivery date specified in such contract.
      (4)(A) With respect to any person, including any other person who
    is substantially controlled by such person (as determined by the
    Secretary of Energy), the President, subject to subparagraph (B),
    may not award contracts for the purchase of or commitment to
    purchase more than 100,000 barrels per day crude oil equivalent of
    synthetic fuel.
      (B) With respect to any person, including any other person who is
    substantially controlled by such person (as determined by the
    Secretary of Energy), the President may not award any contract for
    the purchase of or commitment to purchase more than 75,000 barrels
    per day crude oil equivalent of synthetic fuel unless the President
    submits to the Congress notification of such proposed contract or
    commitment in the manner specified under section 307 (!3) [section
    2097 of this Appendix] and such proposed action is either approved
    or not disapproved by the Congress under such section. For purposes
    of section 307 (!3) [section 2097 of this Appendix], any proposal
    pertaining to such a proposed contract or commitment, notice of
    which is transmitted to the Congress under this subparagraph, shall
    be considered to be a synthetic fuel action.

      (5) A contract for the purchase of or commitment to purchase
    synthetic fuel may be entered into only for synthetic fuel which is
    produced in a synthetic fuel project which is located in the United
    States.
      (6) Each contract entered into under this section for the
    purchase of or commitment to purchase synthetic fuel shall provide
    that all parties to such contract agree to review and to possibly
    renegotiate such contract within 10 years after the date of the
    initial production at the synthetic fuel project involved. At the
    time of such review, the President shall determine the need for
    continued financial assistance pursuant to such contract.
      (7) In any case in which the President, under the provisions of
    this section, accepts delivery of any synthetic fuel, such
    synthetic fuel may be used by an appropriate Federal agency. Such
    Federal agency shall pay for such synthetic fuel the prevailing
    market price for the product which such synthetic fuel is
    replacing, as determined by the Secretary of Energy, from sums
    appropriated to such Federal agency for the purchase of fuel, and
    the President shall pay, from sums appropriated for such purpose,
    an amount equal to the amount by which the contract price for such
    synthetic fuel as specified in the contract involved exceeds such
    prevailing market price.
      (8) In considering any proposed contract under this section, the
    President shall take into account the socioeconomic impacts on
    communities which would be affected by any new or expanded
    facilities required for the production of the synthetic fuel under
    such contract.
    (f) Scope of Presidential procurement power
      The procurement power granted to the President under this section
    shall include the power to transport and store and have processed
    and refined any product procured under this section.
    (g) Determinations respecting purchase and sale of synthetic fuel
      (1) No authority contained in this section may be exercised to
    acquire any amount of synthetic fuel unless the President
    determines that such synthetic fuel is needed to meet national
    defense needs and that it is not anticipated that such synthetic
    fuel will be resold by the Government.
      (2) In any case in which synthetic fuel is acquired by the
    Government under this section, such synthetic fuel is no longer
    needed to meet national defense needs, and such synthetic fuel is
    not accepted by a Federal agency pursuant to subsection (e)(7), the
    President shall offer such synthetic fuel to the Secretary of
    Energy for purposes of meeting the storage requirements of the
    Strategic Petroleum Reserve.
      (3) Any synthetic fuel which is acquired by the Government under
    this section and which is not used by the Government or accepted by
    the Secretary of Energy pursuant to paragraph (2), shall be sold in
    accordance with applicable Federal law.
    (h) Maximum liability of Federal Government under contracts;
      budgetary certifications
      (1) Any contract under this section, including any amendment or
    other modification of such contract, shall, subject to the
    availability of unencumbered appropriations in advance, specify in
    dollars the maximum liability of the Federal Government under such
    contract as determined in accordance with paragraph (2).
      (2) For the purpose of determining the maximum liability under
    any contract under paragraph (1) - 
        (A) loans shall be valued at the initial face value of the
      loan;
        (B) guarantees shall be valued at the initial face value of
      such guarantee (including any amount of interest which is
      guaranteed under such guarantee);
        (C) purchase agreements shall be valued as of the date of each
      such contract based upon the President's estimate of the maximum
      liability under such contract;
        (D) contracts for activities under subsection (c)(1)(A)(v)
      shall be valued at the initial face value of such contract;
        (E) Government synthetic fuel projects pursuant to subsection
      (c)(1)(A)(vi) shall be valued at the current estimated cost to
      the Government, as determined annually by the President; and
        (F) any increase in the liability of the Government pursuant to
      any amendment or other modification to a contract for a loan,
      guarantee, purchase agreement, contract for activities under
      subsection (c)(1)(A)(v), or Government synthetic fuel project
      pursuant to subsection (c)(1)(A)(vi) shall be valued in
      accordance with the applicable preceding subparagraph.

      (3) If more than one form of assistance is provided under this
    section to any synthetic fuel project then the maximum liability
    under such contract for purposes of paragraphs (1) and (2) shall be
    valued at the maximum potential exposure on such project at any
    time during the life of such project.
      (4) Any such contract shall be accompanied by a certification by
    the Director of the Office of Management and Budget that the
    necessary appropriations have been made for the purpose of such
    contract and are available. The remaining available and
    unencumbered appropriations shall equal the total aggregate
    appropriations less the aggregate maximum liability of the Federal
    Government under all contracts pursuant to this section.
      (5) Any commitment made under this section which is nullified or
    voided for any reason shall not be considered in the aggregate
    maximum liability for the purposes of paragraph (4).
    (i) Loan, guarantee, or purchase not to be deemed a major Federal
      action significantly affecting the quality of the human
      environment
      For purposes of section 102(2)(C) of the National Environmental
    Policy Act of 1969 (42 U.S.C. 4332(2)(C)), no action in providing
    any loan, guarantee, or purchase agreement under this section,
    shall be deemed to be a major Federal action significantly
    affecting the quality of the human environment.
    (j) Labor standards; applicability, certifications, etc.
      All laborers and mechanics employed for the construction, repair,
    or alteration of any synthetic fuel project funded, in whole or in
    part, by a guarantee or loan entered into pursuant to this section
    shall be paid wages at rates not less than those prevailing on
    projects of a similar character in the locality as determined by
    the Secretary of Labor in accordance with subchapter IV of chapter
    31 of title 40, United States Code. Guaranteeing agencies shall not
    extend guarantees and the President shall not make loans for the
    construction, repair or alteration of any synthetic fuel project
    unless a certification is provided to the agency or the President,
    as the case may be, prior to the commencement of construction or at
    the time of filing an application for a loan or guarantee, if
    construction has already commenced, that these labor standards will
    be maintained at the synthetic fuel project. With respect to the
    labor standards specified in this subsection, the Secretary of
    Labor shall have the authority and functions set forth in
    Reorganization Plan Numbered 14 of 1950.
    (k) Other jurisdictional, etc., authorities relating to water
      resources and rights unaffected
      (1) Nothing in this section shall - 
        (A) affect the jurisdiction of the States and the United States
      over waters of any stream or over any ground water resource;
        (B) alter, amend, repeal, interpret, modify, or be in conflict
      with any interstate compact made by any States; or
        (C) confer upon any non-Federal entity the ability to exercise
      any Federal right to the waters of any stream or to any ground
      water resource.

      (2) No synthetic fuel project constructed pursuant to the
    authorities of this section shall be considered to be a Federal
    project for purposes of the application for or assignment of water
    rights.
    (l) Renewals and extensions of contracts
      Renewals and extensions of contracts entered into under this
    section shall be made only to the extent that Congress has
    specifically appropriated funds for such renewals and extensions,
    unless the President certifies that the determinations under
    section 306(a)(1) [subsec. (a)(1) of this section] remain in effect
    for purposes of the use of such authority.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 306, as added Pub. L. 96-
    294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 623; amended
    Pub. L. 107-314, div. A, title X, Sec. 1062(o)(3), Dec. 2, 2002,
    116 Stat. 2653.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 307, referred to in subsecs. (a)(2)(B), (c)(4), and
    (e)(4)(B), is classified to section 2097 of this Appendix and was
    amended by Pub. L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106
    Stat. 4218, and as so amended, provisions relating to congressional
    approval of synthetic fuel action by the President were struck out.
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (j), is set out in the Appendix to Title 5, Government Organization
    and Employees.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (j). Pub. L. 107-314, Sec. 1062(o)(3)(B), struck
    out "and section 276(c) of title 40" before period at end.
      Pub. L. 107-314, Sec. 1062(o)(3)(A), substituted "subchapter IV
    of chapter 31 of title 40, United States Code" for "the Act
    entitled 'An Act relating to the rate of wages for laborers and
    mechanics employed on public buildings of the United States and the
    District of Columbia by contractors and subcontractors and for
    other purposes', approved March 3, 1931 (40 U.S.C. 276a et seq.)
    and commonly known as the Davis-Bacon Act".

                              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.


-TRANS-
         TERMINATION OF UNITED STATES SYNTHETIC FUELS CORPORATION     
      United States Synthetic Fuels Corporation terminated by Pub. L.
    99-272, title VII, Sec. 7403(b), Apr. 7, 1986, 100 Stat. 144, set
    out as a note under section 8791 of Title 42, The Public Health and
    Welfare.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

    (!3) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2096a                                  01/02/2006

-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. 2096a. Annual reports on synthetic fuel production

-STATUTE-
      Beginning one year after the effective date of this part [June
    30, 1980], and annually thereafter, the President shall submit a
    report to the Congress on actions taken under sections 305 and 306
    of the Defense Production Act of 1950 [sections 2095 and 2096 of
    this Appendix].

-SOURCE-
    (Pub. L. 96-294, title I, Sec. 106, June 30, 1980, 94 Stat. 633.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Security Act, and not
    as part of the Defense Production Act of 1950 which comprises
    sections 2061 to 2171 of this Appendix.


-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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2097                                   01/02/2006

-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. 2097. Synthetic fuel action

-STATUTE-
    (a) "Synthetic fuel action" defined
      For purposes of this section, the term "synthetic fuel action"
    means any matter required to be transmitted, or submitted to the
    Congress in accordance with the procedures of this section.
    (b) Submission to Congress by President
      The President shall transmit any synthetic fuel action (bearing
    an identification number) to both Houses of the Congress on the
    same day.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 307, as added Pub. L. 96-
    294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 628; amended
    Pub. L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106 Stat. 4218.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-558, Sec. 151(1), struck out
    after first sentence "If both Houses are not in session on the day
    on which any synthetic fuel action is received by the appropriate
    officers of each House, such synthetic fuel action shall be deemed
    to have been received on the first succeeding day on which both
    Houses are in session."
      Subsecs. (c) to (g). Pub. L. 102-558, Sec. 151(2), struck out
    subsec. (c) relating to effective date of synthetic fuel action,
    resolution of disfavor, and earlier effective date; subsec. (d)
    relating to congressional sessions for purposes of effective date;
    subsec. (e) relating to later effective date of synthetic fuel
    action; subsec. (f) relating to construction and applicability of
    procedures with rules of each House; and subsec. (g) relating to
    procedures applicable to resolutions of approval and disapproval.

                     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                          
      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. 2098                                   01/02/2006

-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. 2098. Definitions

-STATUTE-
      (a) For purposes of this Act [sections 2061 to 2171 of this
    Appendix], the term "Government synthetic fuel project" means a
    synthetic fuel project undertaken in accordance with the provisions
    of section 306(c) [section 2096(c) of this Appendix].
      (b)(1)(A) For purposes of this Act [sections 2061 to 2171 of this
    Appendix], the term "synthetic fuel" means any solid, liquid, or
    gas, or combination thereof, which can be used as a substitute for
    petroleum or natural gas (or any derivatives thereof, including
    chemical feedstocks) and which is produced by chemical or physical
    transformation (other than washing, coking, or desulfurizing) of
    domestic sources of - 
        (i) coal, including lignite and peat;
        (ii) shale;
        (iii) tar sands, including those heavy oil resources where - 
          (I) the cost and the technical and economic risks make
        extraction and processing of a heavy oil resource uneconomical
        under applicable pricing and tax policies; and
          (II) the costs and risks are comparable to those associated
        with shale, coal, and tar sand resources (other than heavy oil)
        qualifying for assistance under section 305 [section 2095 of
        this Appendix] or section 306 [section 2096 of this Appendix];
        and

        (iv) water, as a source of hydrogen only through electrolysis.

      (B) Such term includes mixtures of coal and combustible liquids,
    including petroleum.
      (C) Such term does not include solids, liquids, or gases, or
    combinations thereof, derived from biomass, which includes timber,
    animal and timber waste, municipal and industrial waste, sewage,
    sludge, oceanic and terrestrial plants, and other organic matter.
      (2)(A) For purposes of this Act [sections 2061 to 2171 of this
    Appendix], the term "synthetic fuel project" means any facility
    using an integrated process or processes at a specific geographic
    location in the United States for the purpose of commercial
    production of synthetic fuel. The project may include only - 
        (i) the facility, including the equipment, plant, machinery,
      supplies, and other materials associated with the facility, which
      converts the domestic resource to synthetic fuel;
        (ii) the land and mineral rights required directly for use in
      connection with the facilities for the production of synthetic
      fuels;
        (iii) any facility or equipment to be used in the extraction of
      a mineral for use directly and exclusively in such conversion;
          (I) which - 
            (aa) is co-located with the conversion facility or is
          located in the immediate vicinity of the conversion facility;
          or
            (bb) if not co-located or located in the immediate
          vicinity, is incidental to the project (except in the event
          of a coal mine where no other reasonable source of coal is
          available to the project); and

          (II) which is necessary to the project; and

        (iv) any transportation facility, electric powerplant, electric
      transmission line or other facility - 
          (I) which is for the exclusive use of the project;
          (II) which is incidental to the project; and
          (III) which is necessary to the project, except that
        transportation facilities used to transport synthetic fuel away
        from the project shall be used exclusively to transport
        synthetic fuel to a storage facility or pipeline connecting to
        an existing pipeline or processing facility or area within
        close proximity of the project.

      (B)(i) Such term may also include a project which will result in
    the replacement of a significant amount of oil and is - 
        (I) used solely for the production of a mixture of coal and
      combustible liquids, including petroleum, for direct use as a
      fuel, but shall not include - 
          (aa) any mineral right; or
          (bb) any facility or equipment for extraction of any mineral;

        (II) used solely for the commercial production of hydrogen from
      water through electrolysis; and
        (III) a magnetohydrodynamic topping cycle used solely for the
      commercial production of electricity.

      (ii) Such a synthetic fuel project using magnetohydrodynamic
    technology shall only be eligible for guarantees under section 305
    [section 2095 of this Appendix] or section 306 [section 2096 of
    this Appendix].
      (C) For purposes of this paragraph - 
        (i) the term "exclusive" means for the sole use of the project,
      except that an incidental by-product might be used for other
      purposes;
        (ii) the term "incidental" means a relatively small portion of
      the total project cost; and
        (iii) the term "necessary" means an integrated part of the
      project taking into account considerations of economy and
      efficiency of operation.

      (c) For purposes of section 305 [section 2095 of this Appendix]
    and section 306 [section 2096 of this Appendix], the term "United
    States" means the several States, the District of Columbia, the
    Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Northern
    Mariana Islands, the Trust Territory of the Pacific Islands, and
    any other territory or possession of the United States.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 308, as added Pub. L. 96-
    294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 631.)


-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.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    50 USC APPENDIX Sec. 2099                                   01/02/2006

-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. 2099. Annual report on impact of offsets

-STATUTE-
    (a) Annual report on impact of offsets
      (1) Report required
        Not later than 18 months after April 17, 1984, and annually
      thereafter, the President shall submit to the Committee on
      Financial Services of the House of Representatives and the
      Committee on Banking, Housing, and Urban Affairs of the Senate, a
      detailed report on the impact of offsets on the defense
      preparedness, industrial competitiveness, employment, and trade
      of the United States.
      (2) Duties of the Secretary of Commerce
        The Secretary of Commerce (hereafter in this subsection
      referred to as "the Secretary") shall - 
          (A) prepare the report required by paragraph (1);
          (B) consult with the Secretary of Defense, the Secretary of
        the Treasury, the Secretary of State, and the United States
        Trade Representative in connection with the preparation of such
        report; and
          (C) function as the President's Executive Agent for carrying
        out this section.
    (b) Interagency studies and related data
      (1) Purpose of report
        Each report required under subsection (a) shall identify the
      cumulative effects of offset agreements on - 
          (A) the full range of domestic defense productive capability
        (with special attention paid to the firms serving as lower-tier
        subcontractors or suppliers); and
          (B) the domestic defense technology base as a consequence of
        the technology transfers associated with such offset
        agreements.
      (2) Use of data
        Data developed or compiled by any agency while conducting any
      interagency study or other independent study or analysis shall be
      made available to the Secretary to facilitate the execution of
      the Secretary's responsibilities with respect to trade offset and
      countertrade policy development.
    (c) Notice of offset agreements
      (1) In general
        If a United States firm enters into a contract for the sale of
      a weapon system or defense-related item to a foreign country or
      foreign firm and such contract is subject to an offset agreement
      exceeding $5,000,000 in value, such firm shall furnish to the
      official designated in the regulations promulgated pursuant to
      paragraph (2) information concerning such sale.
      (2) Regulations
        The information to be furnished under paragraph (1) shall be
      prescribed in regulations promulgated by the Secretary. Such
      regulations shall provide protection from public disclosure for
      such information, unless public disclosure is subsequently
      specifically authorized by the firm furnishing the information.
    (d) Contents of report
      (1) In general
        Each report under subsection (a) shall include - 
          (A) a net assessment of the elements of the industrial base
        and technology base covered by the report;
          (B) recommendations for appropriate remedial action under the
        authority of this Act [sections 2061 to 2171 of this Appendix],
        or other law or regulations;
          (C) a summary of the findings and recommendations of any
        interagency studies conducted during the reporting period under
        subsection (b);
          (D) a summary of offset arrangements concluded during the
        reporting period for which information has been furnished
        pursuant to subsection (c); and
          (E) a summary and analysis of any bilateral and multilateral
        negotiations relating to the use of offsets completed during
        the reporting period.
      (2) Alternative findings or recommendations
        Each report required under this section shall include any
      alternative findings or recommendations offered by any
      departmental Secretary, agency head, or the United States Trade
      Representative to the Secretary.
    (e) Utilization of annual report in negotiations
      The findings and recommendations of the reports required by
    subsection (a), and any interagency reports and analyses shall be
    considered by representatives of the United States during bilateral
    and multilateral negotiations to minimize the adverse effects of
    offsets.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 309, as added Pub. L. 98-
    265, Sec. 6, Apr. 17, 1984, 98 Stat. 152; amended Pub. L. 99-441,
    Sec. 4, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 102-558, title I,
    Sec. 124, Oct. 28, 1992, 106 Stat. 4207; Pub. L. 107-47, Sec. 4(5),
    Oct. 5, 2001, 115 Stat. 260.)


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(1). Pub. L. 107-47 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). Pub. L. 102-558, Sec. 124(1), inserted
    heading, designated existing provisions as par. (1), struck after
    first sentence "Each such report also shall include a discussion of
    bilateral and multilateral negotiations on offsets in international
    procurement and provide information on the types, terms, and
    magnitude of the offsets.", and added par. (2).
      Subsec. (b). Pub. L. 102-558, Sec. 124(2), amended subsec. (b)
    generally, substituting present provisions for provisions
    delineating the scope and contents of reports based on interagency
    studies.
      Subsecs. (c) to (e). Pub. L. 102-558, Sec. 124(3), added subsecs.
    (c) to (e).
      1986 - Pub. L. 99-441 designated existing provisions as subsec.
    (a), inserted subsec. heading, substituted "a detailed report on"
    for "a report on", and added subsec. (b).

                     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.

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Authority of President under this section with respect to offsets
    delegated to Secretary of Commerce by section 401 of Ex. Ord. No.
    12919, June 3, 1994, 59 F.R. 29529, set out as a note under section
    2153 of this Appendix.


-MISC2-
    REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS AND LOWER TIER
                              SUBCONTRACTORS
      Pub. L. 108-195, Sec. 7(a), Dec. 19, 2003, 117 Stat. 2894,
    provided that:
      "(1) In general. - As part of the annual report required under
    section 309(a) of the Defense Production Act of 1950 (50 U.S.C.
    App. 2099(a)), the Secretary of Commerce (in this section referred
    to as the 'Secretary') shall - 
        "(A) detail the number of foreign contracts involving domestic
      contractors that use offsets, industrial participation
      agreements, or similar arrangements during the preceding 5-year
      period;
        "(B) calculate the aggregate, median, and mean values of the
      contracts and the offsets, industrial participation agreements,
      and similar arrangements during the preceding 5-year period; and
        "(C) describe the impact of international or foreign sales of
      United States defense products and related offsets, industrial
      participation agreements, and similar arrangements on domestic
      prime contractors and, to the extent practicable, the first 3
      tiers of domestic contractors and subcontractors during the
      preceding 5-year period in terms of domestic employment,
      including any job losses, on an annual basis.
      "(2) Use of internal documents. - To the extent that the
    Department of Commerce is already in possession of relevant data,
    the Department shall use internal documents or existing
    departmental records to carry out paragraph (1).
      "(3) Information from non-federal entities. - 
        "(A) Existing information. - In carrying out paragraph (1), the
      Secretary shall only require a non-Federal entity to provide
      information that is available through the existing data
      collection and reporting systems of that non-Federal entity.
        "(B) Format. - The Secretary may require a non-Federal entity
      to provide information to the Secretary in the same form that is
      already provided to a foreign government in fulfilling an offset
      arrangement, industrial participation agreement, or similar
      arrangement."

                        DEFENSE OFFSETS DISCLOSURE                    
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
    subtitle D], Nov. 29, 1999, 113 Stat. 1536, 1501A-500, provided
    that:

      "SEC. 1241. SHORT TITLE.
      "This subtitle may be cited as the 'Defense Offsets Disclosure
    Act of 1999'.

      "SEC. 1242. FINDINGS AND DECLARATION OF POLICY.
      "(a) Findings. - Congress makes the following findings:
        "(1) A fair business environment is necessary to advance
      international trade, economic stability, and development
      worldwide, is beneficial for American workers and businesses, and
      is in the United States national interest.
        "(2) In some cases, mandated offset requirements can cause
      economic distortions in international defense trade and undermine
      fairness and competitiveness, and may cause particular harm to
      small- and medium-sized businesses.
        "(3) The use of offsets may lead to increasing dependence on
      foreign suppliers for the production of United States weapons
      systems.
        "(4) The offset demands required by some purchasing countries,
      including some close allies of the United States, equal or exceed
      the value of the base contract they are intended to offset,
      mitigating much of the potential economic benefit of the exports.
        "(5) Offset demands often unduly distort the prices of defense
      contracts.
        "(6) In some cases, United States contractors are required to
      provide indirect offsets which can negatively impact nondefense
      industrial sectors.
        "(7) Unilateral efforts by the United States to prohibit
      offsets may be impractical in the current era of globalization
      and would severely hinder the competitiveness of the United
      States defense industry in the global market.
        "(8) The development of global standards to manage and restrict
      demands for offsets would enhance United States efforts to
      mitigate the negative impact of offsets.
      "(b) Declaration of Policy. - It is the policy of the United
    States to monitor the use of offsets in international defense
    trade, to promote fairness in such trade, and to ensure that
    foreign participation in the production of United States weapons
    systems does not harm the economy of the United States.

      "SEC. 1243. DEFINITIONS.
      "In this subtitle:
        "(1) Appropriate congressional committees. - The term
      'appropriate congressional committees' means - 
          "(A) the Committee on Foreign Relations of the Senate; and
          "(B) the Committee on International Relations of the House of
        Representatives.
        "(2) G-8. - The term 'G-8' means the group consisting of
      France, Germany, Japan, the United Kingdom, the United States,
      Canada, Italy, and Russia established to facilitate economic
      cooperation among the eight major economic powers.
        "(3) Offset. - The term 'offset' means the entire range of
      industrial and commercial benefits provided to foreign
      governments as an inducement or condition to purchase military
      goods or services, including benefits such as coproduction,
      licensed production, subcontracting, technology transfer, in-
      country procurement, marketing and financial assistance, and
      joint ventures.
        "(4) Transatlantic economic partnership. - The term
      'Transatlantic Economic Partnership' means the joint commitment
      made by the United States and the European Union to reinforce
      their close relationship through an initiative involving the
      intensification and extension of multilateral and bilateral
      cooperation and common actions in the areas of trade and
      investment.
        "(5) Wassenaar arrangement. - The term 'Wassenaar Arrangement'
      means the multilateral export control regime in which the United
      States participates that seeks to promote transparency and
      responsibility with regard to transfers of conventional armaments
      and sensitive dual-use items.
        "(6) World trade organization. - The term 'World Trade
      Organization' means the organization established pursuant to the
      WTO Agreement.
        "(7) WTO agreement. - The term 'WTO Agreement' means the
      Agreement Establishing the World Trade Organization entered into
      on April 15, 1994.

      "SEC. 1244. SENSE OF CONGRESS.
      "It is the sense of Congress that - 
        "(1) the executive branch should pursue efforts to address
      trade fairness by establishing reasonable, business-friendly
      standards for the use of offsets in international business
      transactions between the United States and its trading partners
      and competitors;
        "(2) the Secretary of Defense, the Secretary of State, the
      Secretary of Commerce, and the United States Trade
      Representative, or their designees, should raise with other
      industrialized nations at every suitable venue the need for
      transparency and reasonable standards to govern the role of
      offsets in international defense trade;
        "(3) the United States Government should enter into discussions
      regarding the establishment of multilateral standards for the use
      of offsets in international defense trade through the appropriate
      multilateral fora, including such organizations as the
      Transatlantic Economic Partnership, the Wassenaar Arrangement,
      the G-8, and the World Trade Organization; and
        "(4) the United States Government, in entering into the
      discussions described in paragraph (3), should take into account
      the distortions produced by the provision of other benefits and
      subsidies, such as export financing, by various countries to
      support defense trade.

      "SEC. 1245. REPORTING OF OFFSET AGREEMENTS.
      "[Amended section 2776 of title 22.]

      "SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.
      "[Amended section 2779a of title 22.]

      "SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.
      "(a) In General. - There is established a National Commission on
    the Use of Offsets in Defense Trade (in this section referred to as
    the 'Commission') to address all aspects of the use of offsets in
    international defense trade.
      "(b) Commission Membership. - Not later than 120 days after the
    date of enactment of this Act [Nov. 29, 1999], the President, with
    the concurrence of the Majority and Minority Leaders of the Senate
    and the Speaker and Minority Leader of the House of
    Representatives, shall appoint 11 individuals to serve as members
    of the Commission. Commission membership shall include - 
        "(1) representatives from the private sector, including - 
          "(A) one each from - 
            "(i) a labor organization,
            "(ii) a United States defense manufacturing company
          dependent on foreign sales,
            "(iii) a United States company dependent on foreign sales
          that is not a defense manufacturer, and
            "(iv) a United States company that specializes in
          international investment, and
          "(B) two members from academia with widely recognized
        expertise in international economics; and
        "(2) five members from the executive branch, including a member
      from - 
          "(A) the Office of Management and Budget,
          "(B) the Department of Commerce,
          "(C) the Department of Defense,
          "(D) the Department of State, and
          "(E) the Department of Labor.
    The member designated from the Office of Management and Budget
    shall serve as Chairperson of the Commission. The President shall
    ensure that the Commission is nonpartisan and that the full range
    of perspectives on the subject of offsets in the defense industry
    is adequately represented.
      "(c) Duties. - The Commission shall be responsible for reviewing
    and reporting on - 
        "(1) the full range of current practices by foreign governments
      in requiring offsets in purchasing agreements and the extent and
      nature of offsets offered by United States and foreign defense
      industry contractors;
        "(2) the impact of the use of offsets on defense subcontractors
      and nondefense industrial sectors affected by indirect offsets;
      and
        "(3) the role of offsets, both direct and indirect, on domestic
      industry stability, United States trade competitiveness and
      national security.
      "(d) Commission Report. - Not later than 12 months after the
    Commission is established, the Commission shall submit a report to
    the appropriate congressional committees. In addition to the items
    described under subsection (c), the report shall include - 
        "(1) an analysis of - 
          "(A) the collateral impact of offsets on industry sectors
        that may be different than those of the contractor providing
        the offsets, including estimates of contracts and jobs lost as
        well as an assessment of damage to industrial sectors;
          "(B) the role of offsets with respect to competitiveness of
        the United States defense industry in international trade and
        the potential damage to the ability of United States
        contractors to compete if offsets were prohibited or limited;
        and
          "(C) the impact on United States national security, and upon
        United States nonproliferation objectives, of the use of
        coproduction, subcontracting, and technology transfer with
        foreign governments or companies that results from fulfilling
        offset requirements, with particular emphasis on the question
        of dependency upon foreign nations for the supply of critical
        components or technology;
        "(2) proposals for unilateral, bilateral, or multilateral
      measures aimed at reducing any detrimental effects of offsets;
      and
        "(3) an identification of the appropriate executive branch
      agencies to be responsible for monitoring the use of offsets in
      international defense trade.
      "(e) Period of Appointment; Vacancies. - Members shall be
    appointed for the life of the Commission. Any vacancy in the
    Commission shall not affect its powers, but shall be filled in the
    same manner as the original appointment.
      "(f) Initial Meeting. - Not later than 30 days after the date on
    which all members of the Commission have been appointed, the
    Commission shall hold its first meeting.
      "(g) Meetings. - The Commission shall meet at the call of the
    Chairman.
      "(h) Commission Personnel Matters. - 
        "(1) Compensation of members. - Each member of the Commission
      who is not an officer or employee of the Federal Government shall
      be compensated at a rate equal to the daily equivalent of the
      annual rate of basic pay prescribed for level IV of the Executive
      Schedule under section 5315 of title 5, United States Code, for
      each day (including travel time) during which such member is
      engaged in the performance of the duties of the Commission. All
      members of the Commission who are officers or employees of the
      United States shall serve without compensation in addition to
      that received for their services as officers or employees of the
      United States.
        "(2) Travel expenses. - The members of the Commission shall be
      allowed travel expenses, including per diem in lieu of
      subsistence, at rates authorized for employees of agencies under
      subchapter I of chapter 57 of title 5, United States Code, while
      away from their homes or regular places of business in the
      performance of services for the Commission.
        "(3) Staff. - 
          "(A) In general. - The Chairman of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
          "(B) Compensation. - The Chairman of the Commission may fix
        the compensation of the executive director and other personnel
        without regard to the provisions of chapter 51 and subchapter
        III of chapter 53 of title 5, United States Code, relating to
        classification of positions and General Schedule pay rates,
        except that the rate of pay for the executive director and
        other personnel may not exceed the rate payable for level V of
        the Executive Schedule under section 5316 of such title.
        "(4) Detail of government employees. - Any Federal Government
      employee may be detailed to the Commission without reimbursement,
      and such detail shall be without interruption or loss of civil
      service status or privilege.
        "(5) Procurement of temporary and intermittent services. - The
      Chairman of the Commission may procure temporary and intermittent
      services under section 3109(b) of title 5, United States Code, at
      rates for individuals which do not exceed the daily equivalent of
      the annual rate of basic pay prescribed for level V of the
      Executive Schedule under section 5316 of such title.
      "(i) Termination. - The Commission shall terminate 30 days after
    the transmission of the report from the President as mandated in
    section 1248(b).

      "SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.
      "(a) In General. - The President shall initiate a review to
    determine the feasibility of establishing, and the most effective
    means of negotiating, a multilateral treaty on standards for the
    use of offsets in international defense trade, with a goal of
    limiting all offset transactions that are considered injurious to
    the economy of the United States.
      "(b) Report Required. - Not later than 90 days after the date on
    which the Commission submits the report required under section
    1247(d), the President shall submit to the appropriate
    congressional committees a report containing the President's
    determination pursuant to subsection (a), and, if the President
    determines a multilateral treaty is feasible or desirable, a
    strategy for United States negotiation of such a treaty. One year
    after the date the report is submitted under the preceding
    sentence, and annually thereafter for 5 years, the President shall
    submit to the appropriate congressional committees a report
    detailing the progress toward reaching such a treaty.
      "(c) Required Information. - The report required by subsection
    (b) shall include - 
        "(1) a description of the United States efforts to pursue
      multilateral negotiations on standards for the use of offsets in
      international defense trade;
        "(2) an evaluation of existing multilateral fora as appropriate
      venues for establishing such negotiations;
        "(3) a description on a country-by-country basis of any United
      States efforts to engage in negotiations to establish bilateral
      treaties or agreements with respect to the use of offsets in
      international defense trade; and
        "(4) an evaluation on a country-by-country basis of any foreign
      government efforts to address the use of offsets in international
      defense trade.
      "(d) Comptroller General Review. - The Comptroller General of the
    United States shall monitor and periodically report to Congress on
    the progress in reaching a multilateral treaty."

                       DECLARATION OF OFFSET POLICY                   
      Pub. L. 102-558, title I, Sec. 123, Oct. 28, 1992, 106 Stat.
    4206, as amended by Pub. L. 108-195, Sec. 7(c), Dec. 19, 2003, 117
    Stat. 2895, provided that:
      "(a) In General. - Recognizing that certain offsets for military
    exports are economically inefficient and market distorting, and
    mindful of the need to minimize the adverse effects of offsets in
    military exports while ensuring that the ability of United States
    firms to compete for military export sales is not undermined, it is
    the policy of the Congress that - 
        "(1) no agency of the United States Government shall encourage,
      enter directly into, or commit United States firms to any offset
      arrangement in connection with the sale of defense goods or
      services to foreign governments;
        "(2) United States Government funds shall not be used to
      finance offsets in security assistance transactions, except in
      accordance with policies and procedures that were in existence on
      March 1, 1992;
        "(3) nothing in this section shall prevent agencies of the
      United States Government from fulfilling obligations incurred
      through international agreements entered into before March 1,
      1992; and
        "(4) the decision whether to engage in offsets, and the
      responsibility for negotiating and implementing offset
      arrangements, reside with the companies involved.
      "(b) Presidential Approval of Exceptions. - It is the policy of
    the Congress that the President may approve an exception to the
    policy stated in subsection (a) after receiving the recommendation
    of the National Security Council.
      "(c) Negotiations. - 
        "(1) Interagency team. - 
          "(A) In general. - It is the policy of Congress that the
        President shall designate a chairman of an interagency team
        comprised of the Secretary of Commerce, Secretary of Defense,
        United States Trade Representative, Secretary of Labor, and
        Secretary of State to consult with foreign nations on limiting
        the adverse effects of offsets in defense procurement without
        damaging the economy or the defense industrial base of the
        United States or United States defense production or defense
        preparedness.
          "(B) Meetings. - The President shall direct the interagency
        team to meet on a quarterly basis.
          "(C) Reports. - The President shall direct the interagency
        team to submit to Congress an annual report, to be included as
        part of the report required under section 309(a) of the Defense
        Production Act of 1950 (50 U.S.C. App. 2099(a)), that describes
        the results of the consultations of the interagency team under
        subparagraph (A) and the meetings of the interagency team under
        subparagraph (B).
        "(2) Recommendations for modifications. - The interagency team
      shall submit to the President any recommendations for
      modifications of any existing or proposed memorandum of
      understanding between officials acting on behalf of the United
      States and one or more foreign countries (or any instrumentality
      of a foreign country) relating to - 
          "(A) research, development, or production of defense
        equipment; or
          "(B) the reciprocal procurement of defense items."


-EXEC-
     EX. ORD. NO. 13177. NATIONAL COMMISSION ON THE USE OF OFFSETS IN
      DEFENSE TRADE AND PRESIDENT'S COUNCIL ON THE USE OF OFFSETS IN
                             COMMERCIAL TRADE
      Ex. Ord. No. 13177, Dec. 4, 2000, 65 F.R. 76558, as amended by
    Ex. Ord. No. 13316, Sec. 3(f), Sept. 17, 2003, 68 F.R. 55256,
    provided:
      By the authority vested in the President by the Constitution and
    the laws of the United States of America, including Public Law 106-
    113 [see Tables for classification] and the Federal Advisory
    Committee Act, as amended (5 U.S.C. App.), and in order to
    implement section 1247 of Public Law 106-113 (113 Stat. 1501A-502)
    [set out in a note above] and to create a parallel "President's
    Council on the Use of Offsets in Commercial Trade," it is hereby
    ordered as follows:
      Section 1. Membership. Pursuant to Public Law 106-113, the
    "National Commission on the Use of Offsets in Defense Trade"
    (Commission) comprises 11 members appointed by the President with
    the concurrence of the Majority and Minority Leaders of the Senate
    and the Speaker and the Minority Leader of the House of
    Representatives. The Commission membership includes: (a)
    representatives from the private sector, including one each from
    (i) a labor organization, (ii) a United States defense
    manufacturing company dependent on foreign sales, (iii) a United
    States company dependent on foreign sales that is not a defense
    manufacturer, and (iv) a United States company that specializes in
    international investment; (b) two members from academia with widely
    recognized expertise in international economics; and (c) five
    members from the executive branch, including a member from the: (i)
    Office of Management and Budget, (ii) Department of Commerce, (iii)
    Department of Defense, (iv) Department of State, and (v) Department
    of Labor. The member from the Office of Management and Budget will
    serve as Chairperson of the Commission and will appoint, and fix
    the compensation of, the Executive Director of the Commission.
      Sec. 2. Duties. The Commission will be responsible for reviewing
    and reporting on: (a) current practices by foreign governments in
    requiring offsets in purchasing agreements and the extent and
    nature of offsets offered by United States and foreign defense
    industry contractors; (b) the impact of the use of offsets on
    defense subcontractors and nondefense industrial sectors affected
    by indirect offsets; and (c) the role of offsets, both direct and
    indirect, on domestic industry stability, United States trade
    competitiveness, and national security.
      Sec. 3. Commission Report. Not later than 12 months after the
    Commission is established, it will report to the appropriate
    congressional committees. In addition to the items described in
    section 2 of this order, the report will include: (a) an analysis
    of (i) the collateral impact of offsets on industry sectors that
    may be different than those of the contractor paying offsets,
    including estimates of contracts and jobs lost as well as an
    assessment of damage to industrial sectors; (ii) the role of
    offsets with respect to competitiveness of the United States
    defense industry in international trade and the potential damage to
    the ability of United States contractors to compete if offsets were
    prohibited or limited; and (iii) the impact on United States
    national security, and upon United States nonproliferation
    objectives, of the use of co-production, subcontracting, and
    technology transfer with foreign governments or companies, that
    results from fulfilling offset requirements, with particular
    emphasis on the question of dependency upon foreign nations for the
    supply of critical components or technology; (b) proposals for
    unilateral, bilateral, or multilateral measures aimed at reducing
    any detrimental effects of offsets; and (c) an identification of
    the appropriate executive branch agencies to be responsible for
    monitoring the use of offsets in international defense trade.
      Sec. 4. Administration, Compensation, and Termination. (a) The
    Department of Defense will provide administrative support and
    funding for the Commission and Federal Government employees may be
    detailed to the Commission without reimbursement.
      (b) Members of the Commission who are not officers or employees
    of the Federal Government will be compensated at a rate of basic
    pay prescribed for level IV of the Executive Schedule under section
    5315 of title 5, United States Code, for each day (including travel
    time) during which such member is engaged in performance of the
    duties of the Commission. Members of the Commission who are
    officers or employees of the Federal Government will serve without
    compensation in addition to that received for their services as
    officers or employees of the Federal Government.
      (c) Members of the Commission will be allowed travel expenses,
    including per diem in lieu of subsistence, under subchapter 1 of
    chapter 57 of title 5, United States Code, while on business in the
    performance of services for the Commission.
      (d) The Commission will terminate 30 days after transmitting the
    report required in section 1248(b) of Public Law 106-113 (113 Stat.
    1501A-505) [set out in a note above].
      [Secs. 5 to 8. Revoked effective Sept. 30, 2003, by Ex. Ord. No.
    13316, Sec. 3(f), Sept. 17, 2003, 68 F.R. 55256.]

-End-



-CITE-
    50 USC APPENDIX Sec. 2099a                                  01/02/2006

-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. 2099a. Civil-military integration

-STATUTE-
      An important purpose of this title [sections 2091 to 2099a of
    this title] is the creation of production capacity that will remain
    economically viable after guarantees and other assistance provided
    under this title [said sections] have expired.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title III, Sec. 310, as added Pub. L. 102-
    558, title I, Sec. 125, Oct. 28, 1992, 106 Stat. 4208.)


-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.

-End-


-CITE-
    50 USC APPENDIX TITLE IV - PRICE AND WAGE
           STABILIZATION                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE IV - PRICE AND WAGE STABILIZATION

-HEAD-
                  TITLE IV - PRICE AND WAGE STABILIZATION              

-End-



-CITE-
    50 USC APPENDIX Secs. 2101 to 2112                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE IV - PRICE AND WAGE STABILIZATION

-HEAD-
    Secs. 2101 to 2112. Omitted

-COD-
                               CODIFICATION                           
      Section 2101, act Sept. 8, 1950, ch. 932, title IV, Sec. 401, 64
    Stat. 803, related to purposes of price and wage stabilization and
    cooperation by government agencies.
      Section 2102, acts Sept. 8, 1950, ch. 932, title IV, Sec. 402, 64
    Stat. 803; July 31, 1951, ch. 275, title I, Sec. 104 (a) to (h), 65
    Stat. 134; June 30, 1952, ch. 530, title I, Secs. 105 to 111, 66
    Stat. 298, related to price and wage controls.
      Section 2103, acts Sept. 8, 1950, ch. 932, title IV, Sec. 403, 64
    Stat. 807; July 31, 1951, ch. 275, title I, Sec. 105(a), 65 Stat.
    137; June 30, 1952, ch. 530, title I, Sec. 112, 66 Stat. 300,
    authorized an independent agency to administer price and wage
    controls and rationing, created a Wage Stabilization Board in the
    Economic Stabilization Agency and prescribed its duties and
    functions and prescribed the jurisdiction of the Salary
    Stabilization Board and the Office of Salary Stabilization within
    the Economic Stabilization Agency. Act Sept. 8, 1950, ch. 932,
    title IV, Sec. 403, 64 Stat. 807, formerly classified to section
    2103 of this Appendix, was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 656.
      Section 2104, act Sept. 8, 1950, ch. 932, title IV, Sec. 404, 64
    Stat. 807, authorized consultation by the President with
    representatives of persons affected by regulations or orders
    relating to price and wage controls.
      Section 2105, acts Sept. 8, 1950, ch. 932, title IV, 405, 64
    Stat. 807; July 31, 1951, ch. 275, title I, Sec. 104(i), 65 Stat.
    136, related to unlawfulness for violating sections 2101 to 2112 of
    this appendix or any regulations, orders or requirements issued
    thereunder.
      Section 2106, act Sept. 8, 1950, ch. 932, title IV, Sec. 406, 64
    Stat. 807, prohibited any construction of sections 2101 to 2112 of
    this Appendix as requiring any person to sell any material or
    service, or to perform personal services.
      Section 2107, acts Sept. 8, 1950, ch. 932, title IV, Sec. 407, 64
    Stat. 807; June 30, 1952, ch. 530, title I, Sec. 113(a), 66 Stat.
    301, related to objections to price and rent control regulations,
    filing, hearing and determination of protests, procedure, and
    review.
      Section 2108, acts Sept. 8, 1950, ch. 932, title IV, Sec. 408, 64
    Stat. 808; June 30, 1952, ch. 530, title I, Sec. 113(b), 66 Stat.
    302, related to determination, by the Emergency Court of Appeals,
    of validity of price, wage and rent control regulations, procedure,
    review by the Supreme Court, and stay of civil and criminal
    proceedings in other courts for determination of such validity.
      Section 2109, acts Sept. 8, 1950, ch. 932, title IV, Sec. 409, 64
    Stat. 811; July 31, 1951, ch. 275, title I, Sec. 104(j) to (l) 65
    Stat. 136, in connection with actions for violations of section
    2105 of this Appendix, and regulations or orders, related to
    injunctions, criminal penalties, recovery of overcharges, and
    disallowance of fines, penalties, and compromise sums for tax or
    other purposes.
      Section 2110, act Sept. 8, 1950, ch. 932, title IV, Sec. 410, 64
    Stat. 812, required certain price representations and agreements to
    be contained in contracts providing for the purchase of processed
    chickens and turkeys by government agencies.
      Section 2111, act Sept. 8, 1950, ch. 932, title IV, Sec. 411, as
    added June 30, 1952, ch. 530, title I, Sec. 114, 66 Stat. 304, made
    it unnecessary to furnish reports on sales or services below
    ceiling prices if such sales at such prices had been certified to
    the President.
      Section 2112, act Sept. 8, 1950, ch. 932, title IV, Sec. 412, as
    added June 30, 1952, ch. 530, title I, Sec. 114, 66 Stat. 304,
    permitted suspension or termination of price and wage controls over
    any materials or services, from time to time as economic factors
    might warrant, and their restoration if deemed necessary.


-MISC1-
                             TERMINATION DATE                         
      Sections 2101 to 2112 terminated at close of Apr. 30, 1953, by
    the terms of section 2166(a) of this Appendix.


-EXEC-
                         EXECUTIVE ORDER NO. 10160                     
      Ex. Ord. No. 10160, Sept. 9, 1950, 15 F.R. 6103, which related to
    preservation of records for certain purposes, was revoked by Ex.
    Ord. No. 10662, Mar. 13, 1956, 21 F.R. 1673.

         EX. ORD. NO. 10434. SUSPENSION OF WAGE AND PRICE CONTROLS     
      Ex. Ord. No. 10434, Feb. 6, 1953, 18 F.R. 809, provided:
      1. All regulations and orders issued pursuant to the Defense
    Production Act of 1950, as amended [see section 2061 of this
    Appendix], stabilizing wages, salaries, and other compensation, are
    hereby suspended.
      2. The wage, salary, and other compensation adjustments proposed
    in petitions pending before wage and salary control agencies may
    now be placed in effect without the approval of such agencies. To
    the extent that agreements involved in such petitions are
    conditioned upon approval under Title IV of the Defense Production
    Act [sections 2101 to 2112 of this Appendix], this order shall be
    deemed such approval, but such approval shall be subject to
    paragraph 3 hereof.
      3. This order shall not operate to defeat any suit, action,
    prosecution, or administrative enforcement proceeding, whether
    heretofore or hereafter commenced, with respect to any right,
    liability, or offense possessed, incurred, or committed, prior to
    this date.
                                                   Dwight D. Eisenhower.

                         EXECUTIVE ORDER NO. 10494                     
      Ex. Ord. No. 10494, Oct. 14, 1953, 18 F.R. 6585, 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 the disposition of
    remaining functions, was revoked by section 5-103 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.

-End-


-CITE-
    50 USC APPENDIX TITLE V - SETTLEMENT OF LABOR
           DISPUTES                                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE V - SETTLEMENT OF LABOR DISPUTES

-HEAD-
                  TITLE V - SETTLEMENT OF LABOR DISPUTES              

-End-



-CITE-
    50 USC APPENDIX Secs. 2121 to 2123                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE V - SETTLEMENT OF LABOR DISPUTES

-HEAD-
    Secs. 2121 to 2123. Omitted

-COD-
                               CODIFICATION                           
      Section 2121, act Sept. 8, 1950, ch. 932, title V, Sec. 501, 64
    Stat. 812, stated intent of Congress in providing for settlement of
    labor disputes affecting national defense.
      Section 2122, acts Sept. 8, 1950, ch. 932, title V, Sec. 502, 64
    Stat. 812; July 31, 1951, ch. 275, title I, Sec. 105(b), 65 Stat.
    137, stated national policy in connection with such settlement, and
    provided for voluntary conferences.
      Section 2123, acts Sept. 8, 1950, ch. 932, title V, Sec. 503, 64
    Stat. 812; July 31, 1951, ch. 275, title I, Sec. 105(c), 65 Stat.
    137; June 30, 1952, ch. 530, title I, Sec. 115, 66 Stat. 305,
    provided that, in such settlements, due regard should be given to
    collective bargaining and other laws, and, as amended by the act of
    June 30, 1952, requested the President to invoke the Labor-
    Management Relations Act, 1947, (29 U.S.C. 141 et seq.), with
    regard to the steel strike then existing.


-MISC1-
                             TERMINATION DATE                         
      Sections 2121 to 2123 terminated at close of Apr. 30, 1953, by
    the terms of section 2166(a) of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE VI - CONTROL OF REAL
           ESTATE CREDIT                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-
                 TITLE VI - CONTROL OF REAL ESTATE CREDIT             

-COD-
                               CODIFICATION                           
      Sections 2132 to 2137 of this Appendix, which comprised this
    title, terminated on June 30, 1953, by the terms of section 2166(a)
    of this Appendix. Previous to such termination, act June 30, 1952,
    ch. 530, title I, Sec. 116(a), 66 Stat. 305 amended catchline of
    title to omit reference to consumer credit control and subtitle
    heading of this title to read "This title authorizes the regulation
    of real estate construction credit only."

-End-



-CITE-
    50 USC APPENDIX Sec. 2131                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-
    Sec. 2131. Repealed. June 30, 1952, ch. 530, title I, Sec. 116(a),
      66 Stat. 305

-MISC1-
      Section, acts Sept. 8, 1950, ch. 932, title VI, Sec. 601, 64
    Stat. 812; July 31, 1951, ch. 275, title I, Sec. 106(a), 65 Stat.
    138, related to power to exercise consumer credit controls.

-End-



-CITE-
    50 USC APPENDIX Secs. 2132 to 2137                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-
    Secs. 2132 to 2137. Omitted

-COD-
                               CODIFICATION                           
      Section 2132, act Sept. 8, 1950, ch. 932, title VI, Sec. 602, 64
    Stat. 813, related to real estate construction credit.
      Section 2133, acts Sept. 8, 1950, ch. 932, title VI, Sec. 603, 64
    Stat. 814; July 31, 1951, ch. 275, title I, Sec. 106(b), 65 Stat.
    138, prescribed penalties for violating sections 2131, 2132 and
    2135 of this Appendix or any regulation or order issued thereunder.
      Section 2134, act Sept. 8, 1950, ch. 932, title VI, Sec. 604, 64
    Stat. 814, related to consumer credit controls.
      Section 2135, acts Sept. 8, 1950, ch. 932, title VI, Sec. 605, 64
    Stat. 814; July 31, 1951, ch. 275, title I, Sec. 106(c), 65 Stat.
    138; Sept. 1, 1951, ch. 378, title VI, Sec. 602(a), 65 Stat. 313,
    related to real estate loans by government agencies.
      Section 2136, act Sept. 8, 1950, ch. 932, title VI, Sec. 606, as
    added Sept. 1, 1951, ch. 378, title VI, Sec. 602(b), 65 Stat. 313,
    related to down-payment requirements on veterans homes.
      Section 2137, act Sept. 8, 1950, ch. 932, title VI, Sec. 607, as
    added June 30, 1952, ch. 530, title I, Sec. 116(b), 66 Stat. 305,
    related to credit controls on residential property.


-MISC1-
                             TERMINATION DATE                         
      Sections 2132 to 2137 terminated at close of June 30, 1953, by
    the terms of section 2166(a) of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE VII - GENERAL PROVISIONS              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
                      TITLE VII - GENERAL PROVISIONS                  

-End-



-CITE-
    50 USC APPENDIX Sec. 2151                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2151. Small business

-STATUTE-
    (a) Participation
      Small business concerns shall be given the maximum practicable
    opportunity to participate as contractors, and subcontractors at
    various tiers, in all programs to maintain and strengthen the
    Nation's industrial base and technology base undertaken pursuant to
    this Act [sections 2061 to 2171 of this Appendix].
    (b) Administration of Act
      In administering the programs, implementing regulations,
    policies, and procedures under this Act [sections 2061 to 2171 of
    this Appendix], requests, applications, or appeals from small
    business concerns shall, to the maximum extent practicable, be
    expeditiously handled.
    (c) Advisory committee participation
      Representatives of small business concerns shall be afforded the
    maximum opportunity to participate in such advisory committees as
    may be established pursuant to this Act [sections 2061 to 2171 of
    this Appendix].
    (d) Information
      Information about this Act [sections 2061 to 2171 of this
    Appendix] and activities undertaken in accordance with this Act
    [said sections] shall be made available to small business concerns.
    (e) Allocations under section 101
      Whenever the President makes a determination to exercise any
    authority to allocate any material pursuant to section 101 [section
    2071 of this Appendix], small business concerns shall be accorded,
    to the extent practicable, a fair share of such material, in
    proportion to the share received by such business concerns under
    normal conditions, giving such special consideration as may be
    possible to emerging small business concerns.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 701, 64 Stat. 815; July
    31, 1951, ch. 275, title I, Sec. 108, 65 Stat. 138; June 30, 1953,
    ch. 171, Sec. 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, Secs. 4, 5,
    69 Stat. 580; Pub. L. 96-294, title I, Sec. 105(c), June 30, 1980,
    94 Stat. 633; Pub. L. 102-558, title I, Sec. 131, Oct. 28, 1992,
    106 Stat. 4209.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-558 amended section generally, substituting
    present provisions for provisions stating policy to encourage small
    business enterprises and providing for measures to carry out this
    policy, for allocation of materials in the civilian market, and for
    distribution of defense contracts.
      1980 - Subsec. (d). Pub. L. 96-294 substituted "enactment of the
    Defense Production Act Amendments of 1980" for "enactment of the
    Defense Production Act Amendments of 1955".
      1955 - Subsec. (c). Act Aug. 9, 1955, Sec. 4, struck out specific
    dates which were the basis for determination of materials in
    civilian market and inserted provisions requiring that a business
    receive its fair share based on a representative period before
    imposition of the allocation.
      Subsec. (d). Act Aug. 9, 1955, Sec. 5, added subsec. (d).
      1953 - Subsec. (c). Act June 30, 1953, amended subsec. (c)
    generally, the principal change being to provide, in the allocation
    to business of a fair share of available civilian supply, a new
    base period for allocating materials not under control on July 1,
    1953.
      1951 - Subsec. (c). Act July 31, 1951, provided that limitations
    and restrictions on production of specific items shall not exclude
    new concerns.

                     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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2152                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2152. Definitions

-STATUTE-
      For purposes of this Act [sections 2061 to 2171 of this
    Appendix], the following definitions shall apply:
      (1) Critical component
        The term "critical component" includes such components,
      subsystems, systems, and related special tooling and test
      equipment essential to the production, repair, maintenance, or
      operation of weapon systems or other items of military equipment
      identified by the Secretary of Defense as being essential to the
      execution of the national security strategy of the United States.
      Components 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
      critical components for purposes of this Act [sections 2061 to
      2171 of this Appendix], unless the President determines that the
      designation is unwarranted.
      (2) Critical industry for national security
        The term "critical industry for national security" means any
      industry (or industry sector) identified pursuant to section
      2503(6) (!1) of title 10, United States Code, and such other
      industries or industry sectors as may be designated by the
      President as essential to provide industrial resources required
      for the execution of the national security strategy of the United
      States.

      (3) Critical infrastructure
        The term "critical infrastructure" means any systems and
      assets, whether physical or cyber-based, so vital to the United
      States that the degradation or destruction of such systems and
      assets would have a debilitating impact on national security,
      including, but not limited to, national economic security and
      national public health or safety.
      (4) Critical technology
        The term "critical technology" includes any technology that is
      included in 1 or more of the plans submitted pursuant to section
      6681 (!1) of title 42, United States Code, or section 2508 (!1)
      of title 10, United States Code (unless subsequently deleted), or
      such other emerging or dual use technology as may be designated
      by the President.
      (5) Critical technology item
        The term "critical technology item" means materials directly
      employing, derived from, or utilizing a critical technology.
      (6) Defense contractor
        The term "defense contractor" means any person who enters into
      a contract with the United States - 
          (A) to furnish materials, industrial resources, or a critical
        technology for the national defense; or
          (B) to perform services for the national defense.
      (7) Domestic defense industrial base
        The term "domestic defense industrial base" means domestic
      sources which are providing, or which would be reasonably
      expected to provide, materials or services to meet national
      defense requirements during peacetime, graduated mobilization,
      national emergency, or war.
      (8) Domestic source
        The term "domestic source" means a business concern - 
          (A) that performs in the United States or Canada
        substantially all of the research and development, engineering,
        manufacturing, and production activities required of such
        business concern under a contract with the United States
        relating to a critical component or a critical technology item;
        and
          (B) that procures from business concerns described in
        subparagraph (A) substantially all of any components and
        assemblies required under a contract with the United States
        relating to a critical component or critical technology item.
      (9) Essential weapon system
        The term "essential weapon system" means a major weapon system
      and other items of military equipment identified by the Secretary
      of Defense as being essential to the execution of the national
      security strategy of the United States.
      (10) Facilities
        The term "facilities" includes all types of buildings,
      structures, or other improvements to real property (but excluding
      farms, churches or other places of worship, and private dwelling
      houses), and services relating to the use of any such building,
      structure, or other improvement.
      (11) Foreign source
        The term "foreign source" means a business entity other than a
      "domestic source".
      (12) Industrial resources
        The term "industrial resources" means materials, services,
      processes, or manufacturing equipment (including the processes,
      technologies, and ancillary services for the use of such
      equipment) needed to establish or maintain an efficient and
      modern national defense industrial capacity.
      (13) Materials
        The term "materials" includes - 
          (A) any raw materials (including minerals, metals, and
        advanced processed materials), commodities, articles,
        components (including critical components), products, and items
        of supply; and
          (B) any technical information or services ancillary to the
        use of any such materials, commodities, articles, components,
        products, or items.
      (14) National defense
        The term "national defense" means programs for military and
      energy production or construction, military assistance to any
      foreign nation, stockpiling, space, and any directly related
      activity. Such term includes emergency preparedness activities
      conducted pursuant to title VI of The Robert T. Stafford Disaster
      Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.] and
      critical infrastructure protection and restoration.
      (15) Person
        The term "person" includes an individual, corporation,
      partnership, association, or any other organized group of
      persons, or legal successor or representative thereof, or any
      State or local government or agency thereof.
      (16) Services
        The term "services" includes any effort that is needed for or
      incidental to - 
          (A) the development, production, processing, distribution,
        delivery, or use of an industrial resource or a critical
        technology item; or
          (B) the construction of facilities.
      (17) Small business concern
        The term "small business concern" means a business concern that
      meets the requirements of section 3(a) of the Small Business Act
      [15 U.S.C. 632(a)] and the regulations promulgated pursuant to
      that section, and includes such business concerns owned and
      controlled by socially and economically disadvantaged individuals
      or by women.
      (18) Small business concern owned and controlled by socially and
        economically disadvantaged individuals
        The term "small business concern owned and controlled by
      socially and economically disadvantaged individuals" has the same
      meaning as in section 8(d)(3)(C) of the Small Business Act [15
      U.S.C. 637(d)(3)(C)].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 702, 64 Stat. 815; June
    30, 1953, ch. 171, Sec. 8, 67 Stat. 130; Pub. L. 91-379, title I,
    Sec. 102, Aug. 15, 1970, 84 Stat. 796; Pub. L. 102-558, title I,
    Sec. 132, Oct. 28, 1992, 106 Stat. 4210; Pub. L. 103-337, div. C,
    title XXXIV, Sec. 3411(b), Oct. 5, 1994, 108 Stat. 3110; Pub. L.
    108-195, Sec. 5, Dec. 19, 2003, 117 Stat. 2893.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2503 of title 10, referred to in par. (2), was repealed
    and a new section 2503 relating to analysis of the technology and
    industrial base was enacted by Pub. L. 102-484, div. D, title XLII,
    Secs. 4202(a), 4213(a), Oct. 23, 1992, 106 Stat. 2659, 2665.
      Section 6681 of title 42, referred to in par. (4), was omitted
    from the Code.
      Section 2508 of title 10, referred to in par. (4), was renumbered
    section 2522 of title 10 by Pub. L. 102-190, div. A, title VIII,
    Sec. 821(b)(1), Dec. 5, 1991, 105 Stat. 1431, and was repealed and
    a new section relating to defense advanced manufacturing technology
    partnerships was enacted and renumbered section 2522 by Pub. L. 102-
    484, div. D, title XLII, Secs. 4202(a), 4232(a), (b), Oct. 23,
    1992, 106 Stat. 2659, 2687, and was subsequently repealed.
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in par. (14), is Pub. L. 93-288, May 22, 1974, 88
    Stat. 143, as amended. The Act was renamed the "Robert T. Stafford
    Disaster Relief and Emergency Assistance Act" by Pub. L. 106-390,
    title III, Sec. 301, Oct. 30, 2000, 1114 Stat. 1572. Title VI of
    the Act is classified generally to subchapter IV-B (Sec. 5195 et
    seq.) of chapter 68 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 5121 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Pars. (3) to (13). Pub. L. 108-195 Sec. 5(1), (2), added
    par. (3) and redesignated former pars. (3) to (12) as (4) to (13),
    respectively. Former par. (13) redesignated (14).
      Par. (14). Pub. L. 108-195, Sec. 5(1), (3), redesignated par.
    (13) as (14) and inserted "and critical infrastructure protection
    and restoration" before period at end of last sentence. Former par.
    (14) redesignated (15).
      Pars. (15) to (18). Pub. L. 108-195, Sec. 5(1), redesignated
    pars. (14) to (17) as (15) to (18), respectively.
      1994 - Par. (13). Pub. L. 103-337 inserted at end "Such term
    includes emergency preparedness activities conducted pursuant to
    title VI of The Robert T. Stafford Disaster Relief and Emergency
    Assistance Act."
      1992 - Pub. L. 102-558 amended section generally, substituting
    present provisions for provisions defining terms "person",
    "materials", "facilities", "national defense", "wages, salaries,
    and other compensation", and "defense contractor".
      1970 - Subsec. (d). Pub. L. 91-379, Sec. 102(1), inserted
    reference to space in definition of national defense.
      Subsec. (f). Pub. L. 91-379, Sec. 102(2), added subsec. (f).
      1953 - Subsec. (d). Act June 30, 1953, amended subsec. (d)
    generally which, among other changes, inserted references to
    construction, military assistance to foreign nations and
    stockpiling, and struck out specific reference to "operations or
    activities in connection with the Mutual Defense Assistance Act of
    1949, as amended".

                     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.

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2153                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2153. Civilian personnel

-STATUTE-
      Any officer or agency head may - 
        (1) appoint civilian personnel without regard to section
      5331(b) of title 5, United States Code, and without regard to the
      provisions of title 5, United States Code, governing appointments
      in the competitive service; and
        (2) fix the rate of basic pay for such personnel without regard
      to the provisions of chapter 51 and subchapter III of chapter 53
      of title 5, United States Code, relating to classification and
      General Schedule pay rates,

    except that no individual so appointed may receive pay in excess of
    the annual rate of basic pay payable for GS-18 of the General
    Schedule, as the President deems appropriate to carry out this Act
    [sections 2061 to 2171 of this Appendix].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 703, 64 Stat. 816; July
    31, 1951, ch. 275, title I, Sec. 109(a), (b), 65 Stat. 138; Pub. L.
    102-558, title I, Sec. 133, Oct. 28, 1992, 106 Stat. 4212.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5, United States Code, governing
    appointments in the competitive service, referred to in par. (1),
    are classified generally to section 3301 et seq. of Title 5,
    Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-558 amended section generally, substituting
    present provisions for provisions relating to delegation of
    Presidential authority, creation of new agencies, appointment and
    compensation of officers and personnel, and State representation in
    regional offices.
      1951 - Subsec. (a). Act July 31, 1951, Sec. 109(a), provided that
    executive head of one agency under this act shall be paid at a rate
    comparable to that paid heads of executive departments.
      Subsec. (b). Act July 31, 1951, Sec. 109(b), to provide for State
    representation in regional offices.

                     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.

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

          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.

      COMPENSATION OF CERTAIN OFFICIALS IN DOMESTIC AND INTERNATIONAL
                          BUSINESS ADMINISTRATION
      Compensation for certain officials in Domestic and International
    Business Administration fixed at certain prescribed rates by Ex.
    Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077, formerly set out as a
    note under section 1511 of Title 15, Commerce and Trade.

     COMPENSATION OF DIRECTOR AND DEPUTY DIRECTOR, BUREAU OF DOMESTIC
                                 COMMERCE
      Compensation for Director and Deputy Director, Bureau of Domestic
    Commerce, Department of Commerce, was fixed at certain prescribed
    rates by Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, which
    was superseded by Ex. Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077,
    formerly set out as a note under section 1511 of Title 15, Commerce
    and Trade.


-EXEC-
                         EXECUTIVE ORDER NO. 10193                     
      Ex. Ord. No. 10193, Dec. 16, 1950, 15 F.R. 9031, which provided
    for conduct of mobilization effort of the Government, was revoked
    by Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939, formerly set
    out below.

                         EXECUTIVE ORDER NO. 10200                     
      Ex. Ord. No. 10200, Jan. 3, 1951, 16 F.R. 61, as amended by Ex.
    Ord. No. 10281, Aug. 28, 1951, 16 F.R. 8789; Ex. Ord. No. 10433,
    Feb. 4, 1953, 18 F.R. 761, which related to establishment of
    Defense Production Administration, was revoked by Ex. Ord. No.
    10480, Aug. 18, 1953, 18 F.R. 4939, formerly set out below.

                         EXECUTIVE ORDER NO. 10224                     
      Ex. Ord. No. 10224, Mar. 15, 1951, 16 F.R. 2543, as amended by
    Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513, which provided for
    establishment of the National Advisory Board on Mobilization Policy
    was revoked by section 7(1) of Ex. Ord. No. 10773, July 1, 1958, 23
    F.R. 5061, which was subsequently 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.

                         EXECUTIVE ORDER NO. 10281                     
      Ex. Ord. No. 10281, Aug. 28, 1951, 16 F.R. 8789, which related to
    defense materials procurement and supply, was revoked by Ex. Ord.
    No. 10480, Aug. 14, 1953, 18 F.R. 4939, formerly set out below.

                         EXECUTIVE ORDER NO. 10308                     
      Ex. Ord. No. 10308, Dec. 3, 1951, 16 F.R. 12303, creating the
    Committee on Government Contract Compliance, was revoked and the
    Committee abolished by Ex. Ord. No. 10479, Aug. 17, 1953, 18 F.R.
    4899, which was subsequently revoked by Ex. Ord. No. 10925, Mar. 7,
    1961, 26 F.R. 1977.

                         EXECUTIVE ORDER NO. 10433                     
      Ex. Ord. No. 10433, Feb. 4, 1953, 18 F.R. 761, which provided for
    merger of Defense Production Administration with the Office of
    Defense Mobilization, was revoked by Ex. Ord. No. 10480, Aug. 14,
    1953, 18 F.R. 4939, formerly set out below.

                         EXECUTIVE ORDER NO. 10461                     
      Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513 which related to
    transfer of functions effected by Reorganization Plan No. 3 of
    1953, 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.

                         EXECUTIVE ORDER NO. 10480                     
      Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939, as amended by
    Ex. Ord. No. 10489, Sept. 26, 1953, 18 F.R. 6201; Ex. Ord. No.
    10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10574, Nov. 8,
    1954, 19 F.R. 7249; Ex. Ord. No. 10662, Mar. 14, 1956, 21 F.R.
    1673; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No.
    10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 10819, May 11,
    1959, 24 F.R. 3779; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.
    9683; Ex. Ord. No. 11062, Nov. 19, 1962, 27 F.R. 11447; Ex. Ord.
    No. 11956, Jan. 13, 1977, 42 F.R. 2947; Ex. Ord. No. 12038, Feb. 3,
    1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R.
    43239; Ex. Ord. No. 12381, Sec. 4, Sept. 8, 1982, 47 F.R. 39795;
    Ex. Ord. No. 12521, June 24, 1985, 50 F.R. 26335; Ex. Ord. No.
    12649, Aug. 11, 1988, 53 F.R. 30639; Ex. Ord. No. 12773, Sept. 26,
    1991, 56 F.R. 49387, which provided for administration of defense
    mobilization program, was revoked by section 904(a)(3) of Ex. Ord.
    No. 12919, June 3, 1994, 59 F.R. 29533, set out below.

                         EXECUTIVE ORDER NO. 10660                     
      Ex. Ord. No. 10660, Feb. 15, 1956, 21 F.R. 1117, 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; Ex. Ord. No. 11051, Sept. 27, 1962, 27
    F.R. 9683, which established a National Defense Executive Reserve,
    was superseded by Ex. Ord. No. 11179, Sept. 22, 1964, 29 F.R.
    13239, formerly set out below.

                         EXECUTIVE ORDER NO. 11179                     
      Ex. Ord. No. 11179, Sept. 22, 1964, 29 F.R. 13239, as amended by
    Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which established
    National Defense Executive Reserve, was revoked by section
    904(a)(5) of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29533, set
    out below.

         EX. ORD. NO. 12919. NATIONAL DEFENSE INDUSTRIAL RESOURCES
                               PREPAREDNESS
      Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29525, as amended by
    Ex. Ord. No. 13286, Sec. 24, Feb. 28, 2003, 68 F.R. 10624,
    provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Defense
    Production Act of 1950, as amended (64 Stat. 798; 50 U.S.C. App.
    2061, et seq.), and section 301 of title 3, United States Code, and
    as Commander in Chief of the Armed Forces of the United States, it
    is hereby ordered as follows:


-MISC2-
                PART I - PURPOSE, POLICY AND IMPLEMENTATION            
      Section 101. Purpose. This order delegates authorities and
    addresses national defense industrial resource policies and
    programs under the Defense Production Act of 1950, as amended ("the
    Act"), except for the amendments to Title III of the Act [50 App.
    U.S.C. 2091 et seq.] in the Energy Security Act of 1980 [Pub. L. 96-
    294] and telecommunication authorities under Executive Order No.
    12472 [42 U.S.C. 5195 note].
      Sec. 102. Policy. The United States must have an industrial and
    technology base capable of meeting national defense requirements,
    and capable of contributing to the technological superiority of its
    defense equipment in peacetime and in times of national emergency.
    The domestic industrial and technological base is the foundation
    for national defense preparedness. The authorities provided in the
    Act shall be used to strengthen this base and to ensure it is
    capable of responding to all threats to the national security of
    the United States.
      Sec. 103. General Functions. Federal departments and agencies
    responsible for defense acquisition (or for industrial resources
    needed to support defense acquisition) shall:
      (a) Identify requirements for the full spectrum of national
    security emergencies, including military, industrial, and essential
    civilian demand;
      (b) Assess continually the capability of the domestic industrial
    and technological base to satisfy requirements in peacetime and
    times of national emergency, specifically evaluating the
    availability of adequate industrial resource and production
    sources, including subcontractors and suppliers, materials, skilled
    labor, and professional and technical personnel;
      (c) Be prepared, in the event of a potential threat to the
    security of the United States, to take actions necessary to ensure
    the availability of adequate industrial resources and production
    capability, including services and critical technology for national
    defense requirements;
      (d) Improve the efficiency and responsiveness, to defense
    requirements, of the domestic industrial base; and
      (e) Foster cooperation between the defense and commercial sectors
    for research and development and for acquisition of materials,
    components, and equipment to enhance industrial base efficiency and
    responsiveness.
      Sec. 104. Implementation. (a) The National Security Council is
    the principal forum for consideration and resolution of national
    security resource preparedness policy.
      (b) The Secretary of Homeland Security ("the Secretary") shall:
        (1) Serve as an advisor to the National Security Council on
      issues of national security resource preparedness and on the use
      of the authorities and functions delegated by this order;
        (2) Provide for the central coordination of the plans and
      programs incident to authorities and functions delegated under
      this order, and provide guidance and procedures approved by the
      Assistant to the President for National Security Affairs to the
      Federal departments and agencies under this order;
        (3) Establish procedures, in consultation with Federal
      departments and agencies assigned functions under this order, to
      resolve in a timely and effective manner conflicts and issues
      that may arise in implementing the authorities and functions
      delegated under this order; and
        (4) Report to the President periodically concerning all program
      activities conducted pursuant to this order.
      (c) The head of every Federal department and agency assigned
    functions under this order shall ensure that the performance of
    these functions is consistent with National Security Council policy
    and guidelines.

                   PART II - PRIORITIES AND ALLOCATIONS               
      Sec. 201. Delegations of Priorities and Allocations. (a) The
    authority of the President conferred by section 101 of the Act [50
    App. U.S.C. 2071] to require acceptance and priority performance of
    contracts or orders (other than contracts of employment) to promote
    the national defense over performance of any other contracts or
    orders, and to allocate materials, services, and facilities as
    deemed necessary or appropriate to promote the national defense, is
    delegated to the following agency heads:
        (1) The Secretary of Agriculture with respect to food
      resources, food resource facilities, and the domestic
      distribution of farm equipment and commercial fertilizer;
        (2) The Secretary of Energy with respect to all forms of
      energy;
        (3) The Secretary of Health and Human Services with respect to
      health resources;
        (4) The Secretary of Transportation with respect to all forms
      of civil transportation;
        (5) The Secretary of Defense with respect to water resources;
      and
        (6) The Secretary of Commerce for all other materials,
      services, and facilities, including construction materials.
      (b) The Secretary of Commerce, in consultation with the heads of
    those departments and agencies specified in subsection 201(a) of
    this order, shall administer the Defense Priorities and Allocations
    System ("DPAS") regulations that will be used to implement the
    authority of the President conferred by section 101 of the Act as
    delegated to the Secretary of Commerce in subsection 201(a)(6) of
    this order. The Secretary of Commerce will redelegate to the
    Secretary of Defense, and the heads of other departments and
    agencies as appropriate, authority for the priority rating of
    contracts and orders for all materials, services, and facilities
    needed in support of programs approved under section 202 of this
    order. The Secretary of Commerce shall act as appropriate upon
    Special Priorities Assistance requests in a time frame consistent
    with the urgency of the need at hand.
      (c) The Secretary shall attempt to resolve issues or
    disagreements on priorities or allocations between Federal
    departments or agencies in a time frame consistent with the urgency
    of the issue at hand and, if not resolved, such issues will be
    referred to the Assistant to the President for National Security
    Affairs for final determination.
      (d) The head of each Federal department or agency assigned
    functions under subsection 201(a) of this order, when necessary,
    shall make the finding required under subsection 101(b) of the Act.
    This finding shall be submitted for the President's approval
    through the Assistant to the President for National Security
    Affairs. Upon such approval the head of the Federal department or
    agency that made the finding may use the authority of subsection
    101(a) of the Act to control the general distribution of any
    material (including applicable services) in the civilian market.
      (e) The Assistant to the President for National Security Affairs
    is hereby delegated the authority under subsection 101(c)(3) of the
    Act, and will be assisted by the Secretary in ensuring the
    coordinated administration of the Act.
      Sec. 202. Determinations. The authority delegated by section 201
    of this order may be used only to support programs that have been
    determined in writing as necessary or appropriate to promote the
    national defense:
      (a) By the Secretary of Defense with respect to military
    production and construction, military assistance to foreign
    nations, stockpiling, outer space, and directly related activities;
      (b) By the Secretary of Energy with respect to energy production
    and construction, distribution and use, and directly related
    activities; and
      (c) By the Secretary with respect to essential civilian needs
    supporting national defense, including civil defense and continuity
    of government and directly related activities.
      Sec. 203. Maximizing Domestic Energy Supplies. The authority of
    the President to perform the functions provided by subsection
    101(c) of the Act [50 App. U.S.C. 2071(c)] is delegated to the
    Secretary of Commerce, who shall redelegate to the Secretary of
    Energy the authority to make the findings described in subsection
    101(c)(2)(A) that the materials (including equipment), services,
    and facilities are critical and essential. The Secretary of
    Commerce shall make the finding described in subsection
    101(c)(2)(A) of the Act that the materials (including equipment),
    services, or facilities are scarce, and the finding described in
    subsection 101(c)(2)(B) that it is necessary to use the authority
    provided by subsection 101(c)(1).
      Sec. 204. Chemical and Biological Warfare. The authority of the
    President conferred by subsection 104(b) of the Act [50 App. U.S.C.
    2074(b)] is delegated to the Secretary of Defense. This authority
    may not be further delegated by the Secretary.

          PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY      
      Sec. 301. (a) Financing Institution Guarantees. 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, the head of
    each Federal department or agency engaged in procurement for the
    national defense (referred to as "agency head" in this part) and
    the President and Chairman of the Export-Import Bank of the United
    States (in cases involving capacity expansion, technological
    development, or production in foreign countries) are authorized to
    guarantee in whole or in part any public or private financing
    institution, subject to provisions of section 301 of the Act [50
    App. U.S.C. 2091]. Guarantees shall be made in consultation with
    the Department of the Treasury as to the terms and conditions
    thereof. The Director of the Office of Management and Budget
    ("OMB") shall be informed when such guarantees are to be made.
      (b) Direct Loan Guarantees. 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, each agency head is authorized
    to make direct loan guarantees from funds appropriated to their
    agency for Title III [50 App. U.S.C. 2091 et seq.].
      (c) Fiscal Agent. Each Federal Reserve Bank is designated and
    authorized to act, on behalf of any guaranteeing agency, as fiscal
    agent in the making of guarantee contracts and in otherwise
    carrying out the purposes of section 301 of the Act.
      (d) Regulations. The Board of Governors of the Federal Reserve
    System is authorized, after consultation with heads of guaranteeing
    departments and agencies, the Secretary of the Treasury, and the
    Director, OMB, to prescribe regulations governing procedures,
    forms, rates of interest, and fees for such guarantee contracts.
      Sec. 302. Loans. (a) 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, an agency head is authorized, subject to
    the provisions of section 302 of the Act [50 App. U.S.C. 2092], to
    submit to the Secretary of the Treasury or the President and
    Chairman of the Export-Import Bank of the United States (in cases
    involving capacity expansion, technological development, or
    production in foreign countries) applications for loans.
      (b) 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, each agency head may make direct loans from funds
    appropriated to their agency for Title III.
      (c) After receiving a loan application and determining that
    financial assistance is not otherwise available on reasonable
    terms, the Secretary of the Treasury or the President and Chairman
    of the Export-Import Bank of the United States (in cases involving
    capacity expansion, technological development, or production in
    foreign countries) may make loans, subject to provisions of section
    302 of the Act.
      Sec. 303. Purchase Commitments. (a) In order to carry out the
    objectives of the Act, and subject to the provisions of section 303
    [50 App. U.S.C. 2093] thereof, an agency head is authorized to make
    provision for purchases of, or commitments to purchase, an
    industrial resource or a critical technology item for government
    use or resale.
      (b) Materials acquired under section 303 of the Act that exceed
    the needs of the programs under the Act may be transferred to the
    National Defense Stockpile, if such transfer is determined by the
    Secretary of Defense as the National Defense Stockpile Manager to
    be in the public interest.
      Sec. 304. Subsidy Payments. In order to ensure the supply of raw
    or non-processed materials from high-cost sources, an agency head
    is authorized to make subsidy payments, after consultation with the
    Secretary of the Treasury and the Director, OMB, and subject to the
    provisions of section 303(c) of the Act [50 App. U.S.C. 2093(c)].
      Sec. 305. Determinations and Findings. When carrying out the
    authorities in sections 301 through 303 of this order, an agency
    head is authorized to make the required determinations, judgments,
    statements, certifications, and findings, in consultation with the
    Secretary of Defense, Secretary of Energy or Director, FEMA, as
    appropriate. The agency head shall provide a copy of the
    determination, judgment, statement, certification, or finding to
    the Director, OMB, to the Secretary and, when appropriate, to the
    Secretary of the Treasury.
      Sec. 306. Strategic and Critical Materials. (a) The Secretary of
    the Interior, in consultation with the Secretary of Defense as the
    National Defense Stockpile Manager and subject to the provisions of
    section 303 of the Act [50 App. U.S.C. 2093], is authorized to
    encourage the exploration, development, and mining of critical and
    strategic materials and other materials.
      (b) An agency head is authorized, pursuant to section 303(g) of
    the Act, to make provision for the development of substitutes for
    strategic and critical materials, critical components, critical
    technology items, and other industrial resources to aid the
    national defense.
      (c) An agency head is authorized, pursuant to section
    303(a)(1)(B) of the Act, to make provisions to encourage the
    exploration, development, and mining of critical and strategic
    materials and other materials.
      Sec. 307. Government-owned Equipment. An agency head is
    authorized, pursuant to section 303(e) of the Act [50 App. U.S.C.
    2093(e)], to install additional equipment, facilities, processes,
    or improvements to facilities owned by the government and to
    install government-owned equipment in industrial facilities owned
    by private persons.
      Sec. 308. Identification of Shortfalls. Except during periods of
    national emergency or after a Presidential determination in
    accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or
    303(a)(7)(B) of the Act [50 App. U.S.C. 2091(e)(1)(D)(ii),
    2092(c)(4)(B), 2093(a)(7)(B)], no guarantee, loan or other action
    pursuant to sections 301, 302, and 303 of the Act to correct an
    industrial shortfall shall be taken unless the shortfall has been
    identified in the Budget of the United States or amendments
    thereto.
      Sec. 309. Defense Production Act Fund Manager. The Secretary of
    Defense is designated the Defense Production Act Fund Manager, in
    accordance with section 304(f) of the Act [50 App. U.S.C. 2094(f)],
    and shall carry out the duties specified in that section, in
    consultation with the agency heads having approved Title III
    projects and appropriated Title III funds.
      Sec. 310. Critical Items List. (a) Pursuant to section
    107(b)(1)(A) of the Act [50 App. U.S.C. 2077(b)(1)(A)], 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) Each agency head shall take appropriate action to ensure 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.
    "Appropriate action" may include restricting contract solicitations
    to reliable sources, restricting contract solicitations to domestic
    sources (pursuant to statutory authority), stockpiling critical
    components, and developing substitutes for critical components or
    critical technology items.
      Sec. 311. Strengthening Domestic Capability. An agency head, in
    accordance with section 107(a) of the Act [50 App. U.S.C. 2077(a)],
    may utilize the authority of Title III of the Act [50 App. U.S.C.
    2091 et seq.] or any other provision of law, in consultation with
    the Secretary of Defense, to 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.
      Sec. 312. Modernization of Equipment. An agency head, in
    accordance with section 108(b) of the Act [50 App. U.S.C. 2078(b)],
    may utilize the authority of Title III of the Act to guarantee the
    purchase or lease of advance manufacturing equipment and any
    related services with respect to any such equipment for purposes of
    the Act.

                        PART IV - IMPACT OF OFFSETS                    
      Sec. 401. Offsets. (a) The responsibilities and authority
    conferred upon the President by section 309 of the Act [50 App.
    U.S.C. 2099] with respect to offsets are delegated to the Secretary
    of Commerce, who shall function as the President's Executive Agent
    for carrying out this authority.
      (b) The Secretary of Commerce shall prepare the annual report
    required by section 309(a) of the Act in consultation with the
    Secretaries of Defense, Treasury, Labor, State, the United States
    Trade Representative, the Arms Control and Disarmament Agency, the
    Director of Central Intelligence, and the heads of other
    departments and agencies as required. The heads of Federal
    departments and agencies shall provide the Secretary of Commerce
    with such information as may be necessary for the effective
    performance of this function.
      (c) The offset report shall be subject to the normal interagency
    clearance process conducted by the Director, OMB, prior to the
    report's submission by the President to Congress.

           PART V - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES       
      Sec. 501. Appointments. The authority of the President under
    sections 708(c) and (d) of the Act [50 App. U.S.C. 2158(c), (d)] is
    delegated to the heads of each Federal department or agency, except
    that, insofar as that authority relates to section 101 of the Act
    [50 App. U.S.C. 2071], it is delegated only to the heads of each
    Federal department or agency assigned functions under section
    201(a) of this order. The authority delegated under this section
    shall be exercised pursuant to the provisions of section 708 of the
    Act, and copies and the status of the use of such delegations shall
    be furnished to the Director, FEMA [the Secretary].
      Sec. 502. Advisory Committees. The authority of the President
    under section 708(d) of the Act [50 App. U.S.C. 2158(d)] and
    delegated in section 501 of this order (relating to establishment
    of advisory committees) shall be exercised only after consultation
    with, and in accordance with, guidelines and procedures established
    by the Administrator of General Services.

                     PART VI - EMPLOYMENT OF PERSONNEL                 
      Sec. 601. National Defense Executive Reserve. (a) In accordance
    with section 710(e) of the Act [50 App. U.S.C. 2160(e)], there is
    established in the Executive Branch a National Defense Executive
    Reserve ("NDER") composed of persons of recognized expertise from
    various segments of the private sector and from government (except
    full-time federal employees) for training for employment in
    executive positions in the Federal Government in the event of an
    emergency that requires such employment.
      (b) The head of any department or agency may establish a unit of
    the NDER in the department or agency and train members of that
    unit.
      (c) The head of each department or agency with an NDER unit is
    authorized to exercise the President's authority to employ civilian
    personnel in accordance with section 703(a) of the Act [50 App.
    U.S.C. 2153(a)] when activating all or a part of its NDER unit. The
    exercise of this authority shall be subject to the provisions of
    subsections 601(d) and (e) of this order and shall not be
    redelegated.
      (d) The head of a department or agency may activate an NDER unit,
    in whole or in part, upon the written determination that an
    emergency affecting the national security or defense preparedness
    of the United States exists and that the activation of the unit is
    necessary to carry out the emergency program functions of the
    department or agency.
      (e) At least 72 hours prior to activating the NDER unit, the head
    of the department or agency shall notify, in writing, the Assistant
    to the President for National Security Affairs of the impending
    activation and provide a copy of the determination required under
    subsection 601(d) of this order.
      (f) The Secretary shall coordinate the NDER program activities of
    departments and agencies in establishing units of the Reserve;
    provide for appropriate guidance for recruitment, training, and
    activation; and issue necessary rules and guidance in connection
    with the program.
      (g) This order suspends any delegated authority, regulation, or
    other requirement or condition with respect to the activation of
    any NDER unit, in whole or in part, or appointment of any NDER
    member that is inconsistent with the authorities delegated herein,
    provided that the aforesaid suspension applies only as long as
    sections 703(a) and 710(e) of the Act are in effect.
      Sec. 602. Consultants. The head of each department or agency
    assigned functions under this order is delegated authority under
    sections 710(b) and (c) of the Act [50 App. U.S.C. 2160(b), (c)] to
    employ persons of outstanding experience and ability without
    compensation and to employ experts, consultants, or organizations.
    The authority delegated by this section shall not be redelegated.

                          PART VII - LABOR SUPPLY                      
      Sec. 701. Secretary of Labor. The Secretary of Labor, identified
    in this section as the Secretary, shall:
      (a) Collect, analyze, and maintain data needed to make a
    continuing appraisal of the nation's labor requirements and the
    supply of workers for purposes of national defense. All agencies of
    the government shall cooperate with the Secretary in furnishing
    information necessary for this purpose, to the extent permitted by
    law;
      (b) In response to requests from the head of a Federal department
    or agency engaged in the procurement for national defense, consult
    with and advise that department or agency with respect to (1) the
    effect of contemplated actions on labor supply and utilization, (2)
    the relation of labor supply to materials and facilities
    requirements, and (3) such other matters as will assist in making
    the exercise of priority and allocations functions consistent with
    effective utilization and distribution of labor;
      (c) Formulate plans, programs, and policies for meeting defense
    and essential civilian labor requirements;
      (d) Project skill shortages to facilitate meeting defense and
    essential civilian needs and establish training programs;
      (e) Determine the occupations and skills critical to meeting the
    labor requirements of defense and essential civilian activities
    and, with the assistance of the Secretary of Defense, the Director
    of Selective Service, and such other persons as the Secretary may
    designate, develop policies regulating the induction and deferment
    of personnel for the armed services, except for civilian personnel
    in the reserves; and
      (f) Administer an effective labor-management relations policy to
    support the activities and programs under this order with the
    cooperation of other Federal agencies, including the National Labor
    Relations Board and the Federal Mediation and Conciliation Service.

        PART VIII - DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS    
      Sec. 801. Foreign Acquisition of Companies. The Secretary of the
    Treasury, in cooperation with the Department of State, the
    Department of Defense, the Department of Commerce, the Department
    of Energy, the Department of Agriculture, the Attorney General, the
    Department of Homeland Security, and the Director of Central
    Intelligence, shall complete and furnish a report to the President
    and then to Congress in accordance with the requirements of section
    721(k) of the Act [50 App. U.S.C. 2170(k)] concerning foreign
    efforts to acquire United States companies involved in research,
    development, or production of critical technologies and industrial
    espionage activities directed by foreign governments against
    private U.S. companies.
      Sec. 802. Defense Industrial Base Information System. (a) The
    Secretary of Defense and the heads of other appropriate Federal
    departments and agencies, as determined by the Secretary of
    Defense, shall establish an information system on the domestic
    defense industrial base in accordance with the requirements of
    section 722 of the Act [50 App. U.S.C. 2171].
      (b) In establishing the information system required by subsection
    (a) of this order, the Secretary of Defense, the Secretary of
    Commerce, and the heads of other appropriate Federal departments
    and agencies, as determined by the Secretary of Defense in
    consultation with the Secretary of Commerce, shall consult with
    each other for the purposes of performing the duties listed in
    section 722(d)(1) of the Act.
      (c) The Secretary of Defense shall convene a task force
    consisting of the Secretary of Commerce and the Secretary of each
    military department and the heads of other appropriate Federal
    departments and agencies, as determined by the Secretary of Defense
    in consultation with the Secretary of Commerce, to carry out the
    duties under section 722(d)(2) of the Act.
      (d) The Secretary of Defense shall report to Congress on a
    strategic plan for developing a cost-effective, comprehensive
    information system capable of identifying on a timely, ongoing
    basis vulnerability in critical components and critical technology
    items. The plans shall include an assessment of the performance and
    cost-effectiveness of procedures specified in section 722(b) of the
    Act.
      (e) The Secretary of Commerce, acting through the Bureau of the
    Census, shall consult with the Secretary of Defense and the
    Secretary to improve the usefulness of information derived from the
    Census of Manufacturers in carrying out section 722 of the Act.
      (f) The Secretary of Defense shall perform an analysis of the
    production base for not more than two major weapons systems of each
    military department in establishing the information system under
    section 722 of the Act. Each analysis shall identify the critical
    components of each system.
      (g) The Secretary of Defense, in consultation with the Secretary
    of Commerce, and the heads of other Federal departments and
    agencies as appropriate, shall issue a biennial report on critical
    components and technology in accordance with section 722(e) of the
    Act.

                       PART IX - GENERAL PROVISIONS                   
      Sec. 901. Definitions. In addition to the definitions in section
    702 of the Act [50 App. U.S.C. 2152], the following definitions
    apply throughout this order:
      (a) "Civil transportation" includes movement of persons and
    property by all modes of transportation in interstate, intrastate,
    or foreign commerce within the United States, its territories and
    possessions, and the District of Columbia, and, without limitation,
    related public storage and warehousing, ports, services, equipment
    and facilities, such as transportation carrier shop and repair
    facilities. However, "civil transportation" shall not include
    transportation owned or controlled by the Department of Defense,
    use of petroleum and gas pipelines, and coal slurry pipelines used
    only to supply energy production facilities directly. As applied
    herein, "civil transportation" shall include direction, control,
    and coordination of civil transportation capacity regardless of
    ownership.
      (b) "Energy" means all forms of energy including petroleum, gas
    (both natural and manufactured), electricity, solid fuels
    (including all forms of coal, coke, coal chemicals, coal
    liquification, and coal gasification), and atomic energy, and the
    production, conservation, use, control, and distribution (including
    pipelines) of all of these forms of energy.
      (c) "Farm equipment" means equipment, machinery, and repair parts
    manufactured for use on farms in connection with the production or
    preparation for market use of food resources.
      (d) "Fertilizer" means any product or combination of products
    that contain one or more of the elements - nitrogen, phosphorus,
    and potassium - for use as a plant nutrient.
      (e) "Food resources" means all commodities and products, simple,
    mixed, or compound, or complements to such commodities or products,
    that are capable of being ingested by either human beings or
    animals, irrespective of other uses to which such commodities or
    products may be put, at all stages of processing from the raw
    commodity to the products thereof in vendible form for human or
    animal consumption. "Food resources" also means all starches,
    sugars, vegetable and animal or marine fats and oils, cotton,
    tobacco, wool, mohair, hemp, flax fiber, and naval stores, but does
    not mean any such material after it loses its identity as an
    agricultural commodity or agricultural product.
      (f) "Food resource facilities" means plants, machinery, vehicles
    (including on-farm), and other facilities required for the
    production, processing, distribution, and storage (including cold
    storage) of food resources, livestock and poultry feed and seed,
    and for the domestic distribution of farm equipment and fertilizer
    (excluding transportation thereof).
      (g) "Functions" include powers, duties, authority,
    responsibilities, and discretion.
      (h) "Head of each Federal department or agency engaged in
    procurement for the national defense" means the heads of the
    Departments of Defense, Energy, and Commerce, as well as those
    departments and agencies listed in Executive Order No. 10789 [50
    U.S.C. 1431 note].
      (i) "Heads of other appropriate Federal departments and agencies"
    as used in part VIII of this order means the heads of such other
    Federal agencies and departments that acquire information or need
    information with respect to making any determination to exercise
    any authority under the Act.
      (j) "Health resources" means materials, facilities, health
    supplies, and equipment (including pharmaceutical, blood collecting
    and dispensing supplies, biological, surgical textiles, and
    emergency surgical instruments and supplies) required to prevent
    the impairment of, improve, or restore the physical and mental
    health conditions of the population.
      (k) "Metals and minerals" means all raw materials of mineral
    origin (excluding energy) including their refining, smelting, or
    processing, but excluding their fabrication.
      (l) "Strategic and Critical Materials" means materials (including
    energy) that (1) would be needed to supply the military,
    industrial, and essential civilian needs of the United States
    during a national security emergency, and (2) are not found or
    produced in the United States in sufficient quantities to meet such
    need and are vulnerable to the termination or reduction of the
    availability of the material.
      (m) "Water resources" means all usable water, from all sources,
    within the jurisdiction of the United States, which can be managed,
    controlled, and allocated to meet emergency requirements.
      Sec. 902. General. (a) Except as otherwise provided in subsection
    902(c) of this order, the authorities vested in the President by
    title VII of the Act [50 App. U.S.C. 2151 et seq.] may be exercised
    and performed by the head of each department and agency in carrying
    out the delegated authorities under the Act and this order.
      (b) The authorities which may be exercised and performed pursuant
    to subsection 902(a) of this order shall include (1) the power to
    redelegate authorities, and to authorize the successive
    redelegation of authorities, to departments and agencies, officers,
    and employees of the government, and (2) the power of subpoena with
    respect to authorities delegated in parts II, III, and IV of this
    order, provided that the subpoena power shall be utilized only
    after the scope and purpose of the investigation, inspection, or
    inquiry to which the subpoena relates have been defined either by
    the appropriate officer identified in subsection 902(a) of this
    order or by such other person or persons as the officer shall
    designate.
      (c) Excluded from the authorities delegated by subsection 902(a)
    of this order are authorities delegated by parts V, VI, and VIII of
    this order and the authority with respect to fixing compensation
    under section 703(a) of the Act [50 App. U.S.C. 2153(a)].
      Sec. 903. Authority. All previously issued orders, regulations,
    rulings, certificates, directives, and other actions relating to
    any function affected by this order shall remain in effect except
    as they are inconsistent with this order or are subsequently
    amended or revoked under proper authority. Nothing in this order
    shall affect the validity or force of anything done under previous
    delegations or other assignment of authority under the Act.
      Sec. 904. Effect on other Orders. (a) The following are
    superseded or revoked:
        (1) Section 3, Executive Order No. 8248 of September 8, 1939,
      (4 FR 3864).
        (2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247) [50
      App. U.S.C. 2256 note].
        (3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939)
      [formerly set out above].
        (4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769)
      [50 App. U.S.C. 2160 note].
        (5) Executive Order No. 11179 of September 22, 1964 (29 FR
      13239) [formerly set out above].
        (6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803) [50
      App. U.S.C. 2160 note].
        (7) Sections 7 and 8, Executive Order No. 11912 of April 13,
      1976 (41 FR 15825, 15826-27) [42 U.S.C. 6201 note].
        (8) Section 3, Executive Order No. 12148 of July 20, 1979 (44
      FR 43239, 43241) [42 U.S.C. 5195 note].
        (9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).
        (10) Executive Order No. 12649 of August 11, 1988 (53 FR
      30639).
        (11) Executive Order No. 12773 of September 26, 1991 (56 FR
      49387), except that part of the order that amends section 604 of
      Executive Order [No.] 10480.
      (b) Executive Order No. 10789 of November 14, 1958 [50 U.S.C.
    1431 note], is amended by deleting "and in view of the existing
    national emergency declared by Proclamation No. 2914 of December
    16, 1950," as it appears in the first sentence.
      (c) Executive Order No. 11790 [15 U.S.C. 761 note], as amended,
    relating to the Federal Energy Administration Act of 1974 [15
    U.S.C. 761 et seq.], is amended by deleting "Executive Order No.
    10480" where it appears in section 4 and substituting this order's
    number.
      (d) Subject to subsection 904(c) of this order, to the extent
    that any provision of any prior Executive order is inconsistent
    with the provisions of this order, this order shall control and
    such prior provision is amended accordingly.
      Sec. 905. Judicial Review. This order is not intended to create
    any right or benefit, substantive or procedural, enforceable at law
    by a party against the United States, its agencies, its officers,
    or any person.

      [For abolition, transfer of functions, and treatment of
    references to United States Arms Control and Disarmament Agency,
    see section 6511 et seq. of Title 22, Foreign Relations and
    Intercourse.]

-End-



-CITE-
    50 USC APPENDIX Sec. 2154                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2154. Regulations and orders

-STATUTE-
    (a) In general
      Subject to section 709 [section 2159 of this Appendix] and
    subsection (b), the President may prescribe such regulations and
    issue such orders as the President may determine to be appropriate
    to carry out this Act [sections 2061 to 2171 of this Appendix].
    (b) Procurement regulations
      Any procurement regulation, procedure, or form issued pursuant to
    subsection (a) shall be issued pursuant to section 25 of the Office
    of Federal Procurement Policy Act [41 U.S.C. 421], and shall
    conform to any governmentwide procurement policy or regulation
    issued pursuant to section 6 or 25 of that Act [41 U.S.C. 405,
    421].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 704, 64 Stat. 816; July
    31, 1951, ch. 275, title I, Sec. 109(c), 65 Stat. 139; Pub. L. 102-
    558, title I, Sec. 134, Oct. 28, 1992, 106 Stat. 4212.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-558 amended section generally, substituting
    present provisions for provisions authorizing promulgation of
    rules, regulations, and orders by the President in order to carry
    out sections 2061 to 2170 of this Appendix.
      1951 - Act July 31, 1951, limited authority to regulate natural
    gas where a State agency is handling the matter.

                     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.

                             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, 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. 2155                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2155. Investigations; records; reports; subpoenas; right to
      counsel

-STATUTE-
      (a) The President shall be entitled, while this Act [sections
    2061 to 2171 of this Appendix] is in effect and for a period of two
    years thereafter, by regulation, subpoena, or otherwise, to obtain
    such information from, require such reports and the keeping of such
    records by, make such inspection of the books, records, and other
    writings, premises or property of, and take the sworn testimony of,
    and administer oaths and affirmations to, any person as may be
    necessary or appropriate, in his discretion, to the enforcement or
    the administration of this Act [said sections] and the regulations
    or orders issued thereunder. The authority of the President under
    this section includes the authority to obtain information in order
    to perform industry studies assessing the capabilities of the
    United States industrial base to support the national defense. The
    President shall issue regulations insuring that the authority of
    this subsection will be utilized only after the scope and purpose
    of the investigation, inspection, or inquiry to be made have been
    defined by competent authority, and it is assured that no adequate
    and authoritative data are available from any Federal or other
    responsible agency. In case of contumacy by, or refusal to obey a
    subpoena served upon, any person referred to in this subsection,
    the district court of the United States for any district in which
    such person is found or resides or transacts business, upon
    application by the President, shall have jurisdiction to issue an
    order requiring such person to appear and give testimony or to
    appear and produce documents, or both; and any failure to obey such
    order of the court may be punished by such court as a contempt
    thereof.
      (b) The production of a person's books, records, or other
    documentary evidence shall not be required at any place other than
    the place where such person usually keeps them, if, prior to the
    return date specified in the regulations, subpoena, or other
    document issued with respect thereto, such person furnishes the
    President with a true copy of such books, records, or other
    documentary evidence (certified by such person under oath to be a
    true and correct copy) or enters into a stipulation with the
    President as to the information contained in such books, records,
    or other documentary evidence. Witnesses shall be paid the same
    fees and mileage that are paid witnesses in the courts of the
    United States.
      (c) Any person who willfully performs any act prohibited or
    willfully fails to perform any act required by the above provisions
    of this section, 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.
      (d) Information obtained under this section which the President
    deems confidential or with reference to which a request for
    confidential treatment is made by the person furnishing such
    information shall not be published or disclosed unless the
    President determines that the withholding thereof is contrary to
    the interest of the national defense, and any person willfully
    violating this provision shall, upon conviction, be fined not more
    than $10,000, or imprisoned for not more than one year, or both.
      (e) Any person subpoenaed under this section shall have the right
    to make a record of his testimony and to be represented by counsel.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 705, 64 Stat. 816; July
    31, 1951, ch. 275, title I, Sec. 109(d), 65 Stat. 139; June 30,
    1952, ch. 530, title I, Sec. 117, 66 Stat. 306; June 30, 1953, ch.
    171, Sec. 9, 67 Stat. 131; Pub. L. 91-452, title II, Sec. 251, Oct.
    15, 1970, 84 Stat. 931; Pub. L. 102-558, title I, Sec. 142, Oct.
    28, 1992, 106 Stat. 4217; Pub. L. 108-195, Sec. 4, Dec. 19, 2003,
    117 Stat. 2893.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-195 inserted after first sentence
    "The authority of the President under this section includes the
    authority to obtain information in order to perform industry
    studies assessing the capabilities of the United States industrial
    base to support the national defense."
      1992 - Subsec. (a). Pub. L. 102-558, Sec. 142(1), substituted
    "subpoena" for "subpena" in two places.
      Subsec. (b). Pub. L. 102-558, Sec. 142(1), (2), redesignated
    subsec. (c) as (b) and substituted "subpoena" for "subpena".
      Subsec. (c). Pub. L. 102-558, Sec. 142(2), (3), redesignated
    subsec. (d) as (c) and substituted "$10,000" for "$1,000". Former
    subsec. (c) redesignated (b).
      Subsec. (d). Pub. L. 102-558, Sec. 142(2), (4), redesignated
    subsec. (e) as (d) and struck out second undesignated par. which
    read as follows: "All information obtained by the Office of Price
    Stabilization under this section 705, as amended, and not made
    public prior to April 30, 1953, shall be deemed confidential and
    shall not be published or disclosed, either to the public or to
    another Federal agency except the Congress or any duly authorized
    committee thereof, and except the Department of Justice for such
    use as it may deem necessary in the performance of its functions,
    unless the President determines that the withholding thereof is
    contrary to the interests of the national defense, and any person
    willfully violating this provision shall, upon conviction, be fined
    not more than $10,000 or imprisoned for not more than one year, or
    both." Former subsec. (d) redesignated (c).
      Subsecs. (e), (f). Pub. L. 102-558, Sec. 142(2), (5),
    redesignated subsec. (f) as (e) and substituted "subpoenaed" for
    "subpenaed". Former subsec. (e) redesignated (d).
      1970 - Subsec. (b). Pub. L. 91-452 struck out subsec. (b) which
    related to immunity from prosecution of any natural person
    compelled to testify or produce evidence, documentary or otherwise,
    after claiming his privilege against self-incrimination, and that
    any such immunity granted would not be construed to vest in any
    individual any right to priorities assistance, to the allocation of
    materials, or to any other benefit within the power of the
    President to grant under sections 2061 to 2166 of this Appendix.
      1953 - Subsec. (e). Act June 30, 1953, added second par.
      1952 - Subsec. (f). Act June 30, 1952, added subsec. (f).
      1951 - Subsec. (a). Act July 31, 1951, made it clear that
    President has authority to administer oaths and affirmations.

                     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 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provision note under section 6001 of Title 18, Crimes and
    Criminal Procedure.

                             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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2156                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2156. Jurisdiction of courts; injunctions; venue; process;
      effect of termination of provisions

-STATUTE-
      (a) Whenever in the judgment of the President any person has
    engaged or is about to engage in any acts or practices which
    constitute or will constitute a violation of any provision of this
    Act [sections 2061 to 2171 of this Appendix], he may make
    application to the appropriate court for an order enjoining such
    acts or practices, or for an order enforcing compliance with such
    provision, and upon a showing by the President that such person has
    engaged or is about to engage in any such acts or practices a
    permanent or temporary injunction, restraining order, or other
    order, with or without such injunction or restraining order, shall
    be granted without bond.
      (b) The district courts of the United States and the United
    States courts of any Territory or other place subject to the
    jurisdiction of the United States shall have jurisdiction of
    violations of this Act [sections 2061 to 2171 of this Appendix] or
    any rule, regulation, order, or subpena thereunder, and of all
    civil actions under this Act [said sections] to enforce any
    liability or duty created by, or to enjoin any violation of, this
    Act [said sections] or any rule, regulation, order, or subpena
    thereunder. Any criminal proceeding on account of any such
    violation may be brought in any district in which any act, failure
    to act, or transaction constituting the violation occurred. Any
    such civil action may be brought in any such district or in the
    district in which the defendant resides or transacts business.
    Process in such cases, criminal or civil, may be served in any
    district wherein the defendant resides or transacts business or
    wherever the defendant may be found; the subpena for witnesses who
    are required to attend a court in any district in such case may run
    into any other district. The termination of the authority granted
    in any title or section of this Act [said sections], or of any
    rule, regulation, or order issued thereunder, shall not operate to
    defeat any suit, action, or prosecution, whether theretofore or
    thereafter commenced, with respect to any right, liability, or
    offense incurred or committed prior to the termination date of such
    title or of such rule, regulation, or order. No costs shall be
    assessed against the United States in any proceeding under this Act
    [said sections]. All litigation arising under this Act [said
    sections] or the regulations promulgated thereunder shall be under
    the supervision and control of the Attorney General.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 706, 64 Stat. 817; July
    31, 1951, ch. 275, title I, Sec. 109(e), 65 Stat. 139.)


-MISC1-
                                AMENDMENTS                            
      1951 - Subsec. (a). Act July 31, 1951, broadened relief a court
    may grant when Government seeks to enjoin violations.

                             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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2157                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2157. Liability for compliance with invalid regulations;
      discrimination against orders or contracts affected by priorities
      or allocations

-STATUTE-
      No person shall be held liable for damages or penalties for any
    act or failure to act resulting directly or indirectly from
    compliance with a rule, regulation, or order issued pursuant to
    this Act [sections 2061 to 2171 of this Appendix], notwithstanding
    that any such rule, regulation, or order shall thereafter be
    declared by judicial or other competent authority to be invalid. No
    person shall discriminate against orders or contracts to which
    priority is assigned or for which materials or facilities are
    allocated under title I of this Act [sections 2071 to 2078 of this
    Appendix] or under any rule, regulation, or order issued
    thereunder, by charging higher prices or by imposing different
    terms and conditions for such orders or contracts than for other
    generally comparable orders or contracts, or in any other manner.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 707, 64 Stat. 818; June
    30, 1952, ch. 530, title I, Sec. 118, 66 Stat. 306.)


-MISC1-
                                AMENDMENTS                            
      1952 - Act June 30, 1952, in first sentence struck out "his"
    before "compliance with".

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2158                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2158. Voluntary agreements and plans of action for
      preparedness programs and expansion of production capacity and
      supply

-STATUTE-
    (a) Immunity from civil and criminal liability or defense to action
      under antitrust laws; exceptions
      Except as specifically provided in subsection (j) of this
    section, no provision of this Act [sections 2061 to 2171 of this
    Appendix] shall be deemed to convey to any person any immunity from
    civil or criminal liability, or to create defenses to actions,
    under the antitrust laws.
    (b) Definitions
      For purposes of this Act [sections 2061 to 2171 of this Appendix]
    - 
      (1) Antitrust laws
        The term "antitrust laws" has the meaning given to such term in
      subsection (a) of the first section of the Clayton Act [15 U.S.C.
      12(a)], except that such term includes section 5 of the Federal
      Trade Commission Act [15 U.S.C. 45] to the extent that such
      section 5 applies to unfair methods of competition.
      (2) Plan of action
        The term "plan of action" means any of 1 or more documented
      methods adopted by participants in an existing voluntary
      agreement to implement that agreement.
    (c) Prerequisites for agreements and plans of action; delegation of
      authority to Presidential designees
      (1) Upon finding that conditions exist which may pose a direct
    threat to the national defense or its preparedness programs, the
    President may consult with representatives of industry, business,
    financing, agriculture, labor, and other interests in order to
    provide for the making by such persons, with the approval of the
    President, of voluntary agreements and plans of action to help
    provide for the defense of the United States through the
    development of preparedness programs and the expansion of
    productive capacity and supply beyond levels needed to meet
    essential civilian demand in the United States.
      (2) The authority granted to the President in paragraph (1) and
    subsection (d) may be delegated by him (A) to individuals who are
    appointed by and with the advice and consent of the Senate, or are
    holding offices to which they have been appointed by and with the
    advice and consent of the Senate, (B) upon the condition that such
    individuals consult with the Attorney General and with the Federal
    Trade Commission not less than ten days before consulting with any
    persons under paragraph (1), and (C) upon the condition that such
    individuals obtain the prior approval of the Attorney General,
    after consultation by the Attorney General with the Federal Trade
    Commission, to consult under paragraph (1).
    (d) Advisory committees; establishment; applicable provisions;
      membership; notice and participation in meetings; verbatim
      transcript; availability to public
      (1) To achieve the objectives of subsection (c)(1) of this
    section, the President or any individual designated pursuant to
    subsection (c)(2) may provide for the establishment of such
    advisory committees as he determines are necessary. In addition to
    the requirements specified in this section and except as provided
    in subsection (n), any such advisory committee shall be subject to
    the provisions of the Federal Advisory Committee Act, whether or
    not such Act or any of its provisions expire or terminate during
    the term of this Act [sections 2061 to 2171 of this Appendix] or of
    such committees, and in all cases such advisory committees shall be
    chaired by a Federal employee (other than an individual employed
    pursuant to section 3109 of title 5, United States Code) and shall
    include representatives of the public. The Attorney General and the
    Federal Trade Commission shall have adequate advance notice of any
    meeting and may have an official representative attend and
    participate in any such meeting.
      (2) A full and complete verbatim transcript shall be kept of such
    advisory committee meetings, and shall be taken and deposited,
    together with any agreement resulting therefrom, with the Attorney
    General and the Federal Trade Commission. Such transcript and
    agreement shall be made available for public inspection and
    copying, subject to the provisions of paragraphs (1), (3), and (4)
    of section 552(b) of title 5, United States Code.
    (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
      (1) The individual or individuals referred to in subsection
    (c)(2) shall, after approval of the Attorney General, after
    consultation by the Attorney General with the Chairman of the
    Federal Trade Commission, promulgate rules, in accordance with
    section 553 of title 5, United States Code, incorporating standards
    and procedures by which voluntary agreements and plans of action
    may be developed and carried out.
      (2) In addition to the requirements of section 553 of title 5,
    United States Code - 
        (A) general notice of the proposed rulemaking referred to in
      paragraph (1) shall be published in the Federal Register, and
      such notice shall include - 
          (i) a statement of the time, place, and nature of the
        proposed rulemaking proceedings;
          (ii) reference to the legal authority under which the rule is
        being proposed; and
          (iii) either the terms of substance of the proposed rule or a
        description of the subjects and issues involved;

        (B) the required publication of a rule shall be made not less
      than thirty days before its effective date; and
        (C) the individual or individuals referred to in paragraph (1)
      shall give interested persons the right to petition for the
      issuance, amendment, or repeal of a rule.

      (3) The rules promulgated pursuant to this subsection
    incorporating standards and procedures by which voluntary
    agreements may be developed shall provide, among other things, that
    - 
        (A) such agreements shall be developed at meetings which
      include - 
          (i) the Attorney General or his delegate,
          (ii) the Chairman of the Federal Trade Commission or his
        delegate, and
          (iii) an individual designated by the President in subsection
        (c)(2) or his delegate,

      and which are chaired by the individual referred to in clause
      (iii);
        (B) at least seven days prior to any such meeting, notice of
      the time, place, and nature of the meeting shall be published in
      the Federal Register;
        (C) interested persons may submit written data and views
      concerning the proposed voluntary agreement, with or without
      opportunity for oral presentation;
        (D) interested persons may attend any such meeting unless the
      individual designated by the President in subsection (c)(2) finds
      that the matter or matters to be discussed at such meeting falls
      within the purview of matters described in section 552b(c) of
      title 5, United States Code;
        (E) a full and verbatim transcript shall be made of any such
      meeting and shall be transmitted by the chairman of the meeting
      to the Attorney General and to the Chairman of the Federal Trade
      Commission;
        (F) any voluntary agreement resulting from the meetings shall
      be transmitted by the chairman of the meetings to the Attorney
      General, the Chairman of the Federal Trade Commission, and the
      Congress; and
        (G) any transcript referred to in subparagraph (E) and any
      voluntary agreement referred to in subparagraph (F) shall be
      available for public inspection and copying, subject to
      paragraphs (1), (3), and (4) of section 552(b) of title 5, United
      States Code.
    (f) Commencement of agreements and plans of action; expiration
      date; extensions
      (1) A voluntary agreement or plan of action may not become
    effective unless and until - 
        (A) the individual referred to in subsection (c)(2) who is to
      administer the agreement or plan approves it and certifies, in
      writing, that the agreement or plan is necessary to carry out the
      purposes of subsection (c)(1) and submits a copy of such
      agreement or plan to the Congress; and
        (B) the Attorney General (after consultation with the Chairman
      of the Federal Trade Commission) finds, in writing, that such
      purpose may not reasonably be achieved through a voluntary
      agreement or plan of action having less anticompetitive effects
      or without any voluntary agreement or plan of action and
      publishes such finding in the Federal Register.

      (2) Each voluntary agreement or plan of action which becomes
    effective under paragraph (1) shall expire two years after the date
    it becomes effective (and at two-year intervals thereafter, as the
    case may be), unless (immediately prior to such expiration date)
    the individual referred to in subsection (c)(2) who administers the
    agreement or plan and the Attorney General (after consultation with
    the Chairman of the Federal Trade Commission) make the
    certification or finding, as the case may be, described in
    paragraph (1) with respect to such voluntary agreement or plan of
    action and publish such certification or finding in the Federal
    Register, in which case, the voluntary agreement or plan of action
    may be extended for an additional period of two years.
    (g) Monitoring of agreements and plans of action by Attorney
      General and Chairman of Federal Trade Commission
      The Attorney General and the Chairman of the Federal Trade
    Commission shall monitor the carrying out of any voluntary
    agreement or plan of action to assure - 
        (1) that the agreement or plan is carrying out the purposes of
      subsection (c)(1);
        (2) that the agreement or plan is being carried out under rules
      promulgated pursuant to subsection (e);
        (3) that the participants are acting in accordance with the
      terms of the agreement or plan; and
        (4) the protection and fostering of competition and the
      prevention of anticompetitive practices and effects.
    (h) Required provisions of rules for implementation of agreements
      and plans of action
      The rules promulgated under subsection (e) with respect to the
    carrying out of voluntary agreements and plans of action shall
    provide - 
        (1) for the maintenance, by participants in any voluntary
      agreement or plan of action, of documents, minutes of meetings,
      transcripts, records, and other data related to the carrying out
      of any voluntary agreement or plan of action;
        (2) that participants in any voluntary agreement or plan of
      action agree, in writing, to make available to the individual
      designated by the President in subsection (c)(2) to administer
      the voluntary agreement or plan of action, the Attorney General
      and the Chairman of the Federal Trade Commission for inspection
      and copying at reasonable times and upon reasonable notice any
      item maintained pursuant to paragraph (1);
        (3) that any item made available to the individual designated
      by the President in subsection (c)(2) to administer the voluntary
      agreement or plan of action, the Attorney General, or the
      Chairman of the Federal Trade Commission pursuant to paragraph
      (2) shall be available from such individual, the Attorney
      General, or the Chairman of the Federal Trade Commission, as the
      case may be, for public inspection and copying, subject to
      paragraph (1), (3), or (4) of section 552(b) of title 5, United
      States Code;
        (4) that the individual designated by the President in
      subsection (c)(2) to administer the voluntary agreement or plan
      of action, the Attorney General, and the Chairman of the Federal
      Trade Commission, or their delegates, may attend meetings to
      carry out any voluntary agreement or plan of action;
        (5) that a Federal employee (other than an individual employed
      pursuant to section 3109 of title 5 of the United States Code)
      shall attend meetings to carry out any voluntary agreement or
      plan of action;
        (6) that participants in any voluntary agreement or plan of
      action provide the individual designated by the President in
      subsection (c)(2) to administer the voluntary agreement or plan
      of action, the Attorney General, and the Chairman of the Federal
      Trade Commission with adequate prior notice of the time, place,
      and nature of any meeting to be held to carry out the voluntary
      agreement or plan of action;
        (7) for the attendance by interested persons of any meeting
      held to carry out any voluntary agreement or plan of action,
      unless the individual designated by the President in subsection
      (c)(2) to administer the voluntary agreement or plan of action
      finds that the matter or matters to be discussed at such meeting
      falls within the purview of matters described in section 552b(c)
      of title 5, United States Code;
        (8) that the individual designated by the President in
      subsection (c)(2) to administer the voluntary agreement or plan
      of action has published in the Federal Register prior
      notification of the time, place, and nature of any meeting held
      to carry out any voluntary agreement or plan of action, unless he
      finds that the matter or matters to be discussed at such meeting
      falls within the purview of matters described in section 552b(c)
      of title 5, United States Code, in which case, notification of
      the time, place, and nature of such meeting shall be published in
      the Federal Register within ten days of the date of such meeting;
        (9) that - 
          (A) the Attorney General (after consultation with the
        Chairman of the Federal Trade Commission and the individual
        designated by the President in subsection (c)(2) to administer
        a voluntary agreement or plan of action), or
          (B) the individual designated by the President in subsection
        (c)(2), to administer a voluntary agreement or plan of action
        (after consultation with the Attorney General and the Chairman
        of the Federal Trade Commission),

      may terminate or modify, in writing, the voluntary agreement or
      plan of action at any time, and that effective, immediately upon
      such termination or modification, any antitrust immunity
      conferred upon the participants in the voluntary agreement or
      plan of action by subsection (j) shall not apply to any act or
      omission occurring after the time of such termination or
      modification;
        (10) that participants in any voluntary agreement or plan of
      action be reasonably representative of the appropriate industry
      or segment of such industry; and
        (11) that the individual designated by the President in
      subsection (c)(2) to administer the voluntary agreement or plan
      of action shall provide prior written notification of the time,
      place, and nature of any meeting to carry out a voluntary
      agreement or plan of action to the Attorney General, the Chairman
      of the Federal Trade Commission and the Congress.
    (i) Rules; promulgation by Attorney General and Chairman of Federal
      Trade Commission
      The Attorney General and the Chairman of the Federal Trade
    Commission shall each promulgate such rules as each deems necessary
    or appropriate to carry out his responsibility under this section.
    (j) Defenses
      (1) In general
        Subject to paragraph (4), there shall be available as a defense
      for any person to any civil or criminal action brought under the
      antitrust laws (or any similar law of any State) with respect to
      any action taken to develop or carry out any voluntary agreement
      or plan of action under this section that - 
          (A) such action was taken - 
            (i) in the course of developing a voluntary agreement
          initiated by the President or a plan of action adopted under
          any such agreement; or
            (ii) to carry out a voluntary agreement initiated by the
          President and approved in accordance with this section or a
          plan of action adopted under any such agreement, and

          (B) such person - 
            (i) complied with the requirements of this section and any
          regulation prescribed under this section; and
            (ii) acted in accordance with the terms of the voluntary
          agreement or plan of action.
      (2) Scope of defense
        Except in the case of actions taken to develop a voluntary
      agreement or plan of action, the defense established in paragraph
      (1) shall be available only if and to the extent that the person
      asserting the defense demonstrates that the action was specified
      in, or was within the scope of, an approved voluntary agreement
      initiated by the President and approved in accordance with this
      section or a plan of action adopted under any such agreement and
      approved in accordance with this section. The defense established
      in paragraph (1) shall not be available unless the President or
      the President's designee has authorized and actively supervised
      the voluntary agreement or plan of action.
      (3) Burden of persuasion
        Any person raising the defense established in paragraph (1)
      shall have the burden of proof to establish the elements of the
      defense.
      (4) Exception for actions taken to violate the antitrust laws
        The defense established in paragraph (1) shall not be available
      if the person against whom the defense is asserted shows that the
      action was taken for the purpose of violating the antitrust laws.
    (k) Surveys and studies by Attorney General and Federal Trade
      Commission; content; annual report to Congress and President by
      Attorney General
      The Attorney General and the Federal Trade Commission shall each
    make surveys for the purpose of determining any factors which may
    tend to eliminate competition, create or strengthen monopolies,
    injure small business, or otherwise promote undue concentration of
    economic power in the course of the administration of this section.
    Such surveys shall include studies of the voluntary agreements and
    plans of action authorized by this section. The Attorney General
    shall (after consultation with the Federal Trade Commission) submit
    to the Congress and the President at least once every year reports
    setting forth the results of such studies of voluntary agreements
    and plans of action.
    (l) Annual report to Congress and President by Presidential
      designees; contents
      The individual or individuals designated by the President in
    subsection (c)(2) shall submit to the Congress and the President at
    least once every year reports describing each voluntary agreement
    or plan of action in effect and its contribution to achievement of
    the purpose of subsection (c)(1).
    (m) Jurisdiction to enjoin statutory exemption or suspension and
      order for production of transcripts, etc.; procedures
      On complaint, the United States District Court for the District
    of Columbia shall have jurisdiction to enjoin any exemption or
    suspension pursuant to subsections (d)(2), (e)(3)(D) and (G), and
    (h)(3), (7), and (8), and to order the production of transcripts,
    agreements, items, or other records maintained pursuant to this
    section by the Attorney General, the Federal Trade Commission or
    any individual designated under subsection (c)(2), where the court
    determines that such transcripts, agreements, items, or other
    records have been improperly withheld from the complainant. In such
    a case the court shall determine the matter de novo, and may
    examine the contents of such transcripts, agreements, items, or
    other records in camera to determine whether such transcripts,
    agreements, items, or other records or any parts thereof shall be
    withheld under any of the exemption or suspension provisions
    referred to in this subsection, and the burden is on the Attorney
    General, the Federal Trade Commission, or such designated
    individual, as the case may be, to sustain its action.
    (n) Exemption from Advisory Committee Act provisions
      Notwithstanding any other provision of law, any activity
    conducted under a voluntary agreement or plan of action approved
    pursuant to this section, when conducted in compliance with the
    requirements of this section, any regulation prescribed under this
    subsection, and the provisions of the voluntary agreement or plan
    of action, shall be exempt from the Federal Advisory Committee Act
    and any other Federal law and any Federal regulation relating to
    advisory committees.
    (o) Preemption of contract law in emergencies
      In any action in any Federal or State court for breach of
    contract, there shall be available as a defense that the alleged
    breach of contract was caused predominantly by action taken during
    an emergency to carry out a voluntary agreement or plan of action
    authorized and approved in accordance with this section. Such
    defense shall not release the party asserting it from any
    obligation under applicable law to mitigate damages to the greatest
    extent possible.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 708, 64 Stat. 818; June
    30, 1952, ch. 530, title I, Sec. 116(c), 66 Stat. 305; Aug. 9,
    1955, ch. 655, Sec. 6, 69 Stat. 581; Pub. L. 87-305, Sec. 5(b),
    Sept. 26, 1961, 75 Stat. 667; Pub. L. 91-151, title I, Sec. 9, Dec.
    23, 1969, 83 Stat. 376; Pub. L. 94-152, Sec. 3, Dec. 16, 1975, 89
    Stat. 810; Pub. L. 102-99, Sec. 5, Aug. 17, 1991, 105 Stat. 487.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsecs.
    (d)(1) and (n), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-99, Sec. 5(1), struck out "and
    subsection (j) of section 708A" after "subsection (j) of this
    section".
      Subsec. (b). Pub. L. 102-99, Sec. 5(2), added subsec. (b) and
    struck out former subsec. (b) which read as follows: "As used in
    this section and section 708A the term 'antitrust laws' means - 
        "(1) the Act entitled 'An Act to protect trade and commerce
      against unlawful restraints and monopolies', approved July 2,
      1890 (15 U.S.C. 1 et seq.);
        "(2) the Act entitled 'An act to supplement existing laws
      against unlawful restraints and monopolies and for other
      purposes', approved October 15, 1914 (15 U.S.C. 12 et seq.);
        "(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
        "(4) sections 73 and 74 of the Act entitled 'An Act to reduce
      taxation, to provide revenue for the Government, and for other
      purposes', approved August 27, 1894 (15 U.S.C. 8 and 9);
        "(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,
      13b, and 21a); and
        "(6) the Act entitled 'An Act to promote export trade and for
      other purposes', approved April 10, 1918 (15 U.S.C. 61-65)."
      Subsec. (c)(1). Pub. L. 102-99, Sec. 5(3), inserted "and plans of
    action" after "voluntary agreements" and substituted "Upon" for
    "Except as otherwise provided in section 708A(o), upon".
      Subsec. (c)(2). Pub. L. 102-99, Sec. 5(4), struck out at end "For
    the purpose of carrying out the objectives of title I of this Act,
    the authority granted in paragraph (1) of this subsection shall not
    be delegated to more than one individual."
      Subsec. (d)(1). Pub. L. 102-99, Sec. 5(5), inserted "and except
    as provided in subsection (n)" after "specified in this section"
    and struck out ", and the meetings of such committees shall be open
    to the public" after "representatives of the public".
      Subsec. (d)(2). Pub. L. 102-99, Sec. 5(6), substituted
    "paragraphs (1), (3), and (4) of section 552(b)" for "section
    552(b)(1) and (b)(3)".
      Subsec. (e)(1). Pub. L. 102-99, Sec. 5(7), substituted "voluntary
    agreements and plans of action" for "voluntary agreements".
      Subsec. (e)(3)(D). Pub. L. 102-99, Sec. 5(8), substituted
    "section 552b(c)" for "subsection (b)(1) or (b)(3) of section 552".
      Subsec. (e)(3)(F). Pub. L. 102-99, Sec. 5(9), inserted reference
    to Congress.
      Subsec. (e)(3)(G). Pub. L. 102-99, Sec. 5(10), substituted
    "paragraphs (1), (3), and (4) of section 552(b)" for "subsections
    (b)(1) and (b)(3) of section 552".
      Subsec. (f)(1). Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan
    of action" after "voluntary agreement".
      Subsec. (f)(1)(A). Pub. L. 102-99, Sec. 5(12), inserted "and
    submits a copy of such agreement or plan to the Congress" after
    "subsection (c)(1)".
      Pub. L. 102-99, Sec. 5(11)(B), inserted "or plan" after "the
    agreement" wherever appearing.
      Subsec. (f)(1)(B). Pub. L. 102-99, Sec. 5(13), inserted before
    period "and publishes such finding in the Federal Register".
      Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan of action" after
    "voluntary agreement" wherever appearing.
      Subsec. (f)(2). Pub. L. 102-99, Sec. 5(14), inserted "and publish
    such certification or finding in the Federal Register" before ", in
    which case".
      Pub. L. 102-99, Sec. 5(11), inserted "or plan" after "the
    agreement", and "or plan of action" after "voluntary agreement"
    wherever appearing.
      Subsec. (g). Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan of
    action" after "voluntary agreement".
      Subsec. (g)(1) to (3). Pub. L. 102-99, Sec. 5(11)(B), inserted
    "or plan" after "the agreement".
      Subsec. (h). Pub. L. 102-99, Sec. 5(15)(A), inserted "and plans
    of action" after "voluntary agreements".
      Subsec. (h)(1), (2). Pub. L. 102-99, Sec. 5(15)(B), inserted "or
    plan of action" after "voluntary agreement" wherever appearing.
      Subsec. (h)(3). Pub. L. 102-99, Sec. 5(16), substituted
    "paragraph (1), (3), or (4) of section 552(b)" for "subsections
    (b)(1) and (b)(3) of section 552".
      Pub. L. 102-99, Sec. 5(15)(B), inserted "or plan of action" after
    "voluntary agreement".
      Subsec. (h)(4) to (6). Pub. L. 102-99, Sec. 5(15)(B), inserted
    "or plan of action" after "voluntary agreement" wherever appearing.
      Subsec. (h)(7), (8). Pub. L. 102-99, Sec. 5(15)(B), (17),
    inserted "or plan of action" after "voluntary agreement" wherever
    appearing and substituted "section 552b(c)" for "subsection (b)(1)
    or (b)(3) of section 552".
      Subsec. (h)(9), (10). Pub. L. 102-99, Sec. 5(15)(B), inserted "or
    plan of action" after "voluntary agreement" wherever appearing.
      Subsec. (h)(11). Pub. L. 102-99, Sec. 5(15)(C)-(E), added par.
    (11).
      Subsec. (j). Pub. L. 102-99, Sec. 5(18), added subsec. (j) and
    struck out former subsec. (j) which read as follows: "There shall
    be available as a defense for any person to any civil or criminal
    action brought for violation of the antitrust laws (or any similar
    law of any State) with respect to any act or omission to act to
    develop or carry out any voluntary agreement under this section
    that - 
        "(1) such act or omission to act was taken in good faith by
      that person - 
          "(A) in the course of developing a voluntary agreement under
        this section, or
          "(B) to carry out a voluntary agreement under this section;
        and
        "(2) such person fully complied with this section and the rules
      promulgated hereunder, and acted in accordance with the terms of
      the voluntary agreement."
      Subsec. (k). Pub. L. 102-99, Sec. 5(19), inserted "and plans of
    action" after "voluntary agreements" wherever appearing.
      Subsec. (l). Pub. L. 102-99, Sec. 5(20), inserted "or plan of
    action" after "voluntary agreement".
      Subsecs. (n), (o). Pub. L. 102-99, Sec. 5(21), added subsecs. (n)
    and (o).
      1975 - Subsec. (a). Pub. L. 94-152 substituted provisions
    relating to immunity from civil and criminal liability under the
    antitrust laws for provisions authorizing President to approve
    voluntary programs and agreements under section 2061 et seq. of
    this Appendix.
      Subsec. (b). Pub. L. 94-152 substituted definition of "antitrust
    laws" for provisions exempting under certain conditions acts or
    omissions to act pursuant to section 2061 et seq. of this Appendix
    from the antitrust laws or the Federal Trade Commission Act.
      Subsec. (c). Pub. L. 94-152 restructured subsec. (c) into pars.
    (1) and (2), and, as so restructured, inserted provisions of par.
    (1) authorizing President to consult with leaders of industry,
    finance, agriculture and labor with a view to developing voluntary
    agreements to help provide for the defense of the United States
    whenever he finds conditions exist which pose a threat to the
    national defense or preparedness programs and transferred existing
    provisions to par. (2), and, as transferred, substituted provisions
    which authorized President to delegate authority granted to him in
    par. (1) of this subsection and under subsec. (d) of this section,
    for provisions authorizing delegation of authority of subsec. (b)
    of this section.
      Subsec. (d). Pub. L. 94-152 substituted provisions relating to
    establishment, membership, meetings, transcripts, etc. of advisory
    committees, for provisions relating to application of this section
    to acts or omissions to act after withdrawal of any request or
    finding under this section or withdrawal of approval of Attorney
    General.
      Subsec. (e). Pub. L. 94-152 substituted provisions relating to
    promulgation of rules for voluntary agreements, procedures for
    promulgation and required provisions, for provisions relating to
    monitoring by Attorney General of agreements in force and reports
    to President and Congress.
      Subsecs. (f) to (m). Pub. L. 94-152 added subsecs. (f) to (m).
      1969 - Subsec. (b). Pub. L. 91-151, Sec. 9(a), struck out
    provision under which exemption from prohibitions of antitrust laws
    and application of Federal Trade Commission Act had been limited to
    only those voluntary agreements covering military equipment
    purchased by Defense Department.
      Subsec. (f). Pub. L. 91-151, Sec. 9(b), struck out subsec. (f)
    which prohibited approval of voluntary credit control agreements
    under this section after June 30, 1952.
      1961 - Subsec. (e). Pub. L. 87-305 struck out ", and the reports
    hereafter required," after "Such surveys" and "within ninety days
    after the approval of this Act [Sept. 8, 1950], and" after
    "President" and substituted "studies of voluntary agreements and
    programs authorized by this section" for "such surveys and
    including such recommendations as he may deem desirable".
      1955 - Subsec. (b). Act Aug. 9, 1955, Sec. 6(1), inserted
    proviso.
      Subsec. (d). Act Aug. 9, 1955, Sec. 6(2), exempted subsequent
    acts or omissions to act upon withdrawal by Attorney General of his
    approval of voluntary agreement or program.
      Subsec. (e). Act Aug. 9, 1955, Sec. 6(3), (4), included studies
    of voluntary agreements and programs in surveys and reports, and
    required Attorney General to report to Congress at least once every
    three months.
      1952 - Subsec. (f). Act June 30, 1952, added subsec. (f).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section
    7 of Pub. L. 102-99, set out as a note under section 2071 of this
    Appendix.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 9 of Pub. L. 94-152, as amended by Pub. L. 94-153, Dec.
    16, 1975, 89 Stat. 822; Pub. L. 94-220, Feb. 27, 1976, 90 Stat.
    195, provided that: "This Act and the amendments made by it
    [enacting section 2158a of this Appendix, amending sections 2160,
    2162, 2166, 2168, and 2169 of this Appendix, and enacting
    provisions set out as notes under this section and section 2061 of
    this Appendix] shall take effect at the close of November 30, 1975,
    except that the amendment made by section 3 [amending this section]
    shall take effect upon the one hundred and twentieth day beginning
    after the date of its enactment [Dec. 16, 1975]."

                     EFFECTIVE DATE OF 1955 AMENDMENT                 
      Amendment by act Aug. 9, 1955, effective as of the 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                         
      Provision for termination of section on June 30, 1972, eliminated
    in amendment by Pub. L. 92-15, Sec. 2, May 18, 1971, 85 Stat. 38,
    of section 2166(a) of this Appendix.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section necessary
    to effect changes in composition of, or to take other action
    respecting voluntary agreements and programs relating to, small
    business production pools approved prior to July 31, 1953,
    delegated to Administrator of Small Business Administration by Ex.
    Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a note
    under section 640 of Title 15, Commerce and Trade.
      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.
      For delegation of authority of President under subsecs. (c) and
    (d) of this section to heads of each Federal department or agency,
    see sections 501 and 502 of Ex. Ord. No. 12919, June 3, 1994, 59
    F.R. 29525, set out as a note under section 2153 of this Appendix.


-MISC2-
          CONTINUATION IN EFFECT OF EXISTING VOLUNTARY AGREEMENTS      
      Section 4 of Pub. L. 94-152 provided that:
      "(a) Any voluntary agreement - 
        "(1) entered into under section 708 of the Defense Production
      Act of 1950 [this section] prior to the effective date of this
      Act [see Effective Date of 1975 Amendment note below], and
        "(2) in effect immediately prior to such date may continue in
      effect (except as otherwise provided in section 708A(o) of the
      Defense Production Act of 1950, as amended by this Act) [former
      section 2158a(o) of this Appendix] and shall be carried out in
      accordance with such section 708, as amended by this Act, and
      such section 708A.
      "(b) No provision of the Defense Production Act of 1950, as
    amended by this Act [see Short Title of 1975 Amendment note set out
    under section 2061 of this Appendix] shall be construed as granting
    immunity for, nor as limiting or in any way affecting any remedy or
    penalty which may result from any legal action or proceeding
    arising from, any acts or practices which occurred (1) prior to the
    date of enactment of this Act [Dec. 16, 1975], (2) outside the
    scope and purpose or not in compliance with the terms and
    conditions of the Defense Production Act of 1950 [see section 2061
    of this Appendix], or (3) subsequent to the expiration or repeal of
    the Defense Production Act of 1950.
      "(c) Effective on the date of enactment of this Act [Dec. 16,
    1975], the immunity conferred by section 708 or 708A of the Defense
    Production Act of 1950, as amended by this Act [this section and
    section 2158a of this Appendix], shall not apply to any action
    taken or authorized to be taken by or under the Emergency Petroleum
    Allocation Act of 1973 [section 751 et seq. of Title 15, Commerce
    and Trade]."

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    50 USC APPENDIX Sec. 2158a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2158a. Repealed. Pub. L. 102-99, Sec. 4, Aug. 17, 1991, 105
      Stat. 487

-MISC1-
      Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 708A, as
    added Dec. 16, 1975, Pub. L. 94-152, Sec. 3, 89 Stat. 815, related
    to voluntary agreements and plans of action for international
    agreements for international allocation of petroleum products and
    related information systems.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 20, 1990, see section 7 of Pub. L. 102-99,
    set out as an Effective Date of 1991 Amendment note under section
    2071 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2159                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2159. Public participation in rulemaking

-STATUTE-
    (a) Exemption from Administrative Procedure Act
      Any regulation issued under this Act [sections 2061 to 2171 of
    this Appendix] shall not be subject to sections 551 through 559 of
    title 5, United States Code.
    (b) Opportunity for notice and comment
      (1) In general
        Except as provided in subsection (c), any regulation issued
      under this Act [sections 2061 to 2171 of this Appendix] shall be
      published in the Federal Register and opportunity for public
      comment shall be provided for not less than 30 days, consistent
      with the requirements of section 553(b) of title 5, United States
      Code.
      (2) Waiver for temporary provisions
        The requirements of paragraph (1) may be waived, if - 
          (A) the officer authorized to issue the regulation finds that
        urgent and compelling circumstances make compliance with such
        requirements impracticable;
          (B) the regulation is issued on a temporary basis; and
          (C) the publication of such temporary regulation is
        accompanied by the finding made under subparagraph (A) (and a
        brief statement of the reasons for such finding) and an
        opportunity for public comment is provided for not less than 30
        days before any regulation becomes final.
      (3) Consideration of public comments
        All comments received during the public comment period
      specified pursuant to paragraph (1) or (2) shall be considered
      and the publication of the final regulation shall contain written
      responses to such comments.
    (c) Public comment on procurement regulations
      Any procurement policy, regulation, procedure, or form (including
    any amendment or modification of any such policy, regulation,
    procedure, or form) issued under this Act [sections 2061 to 2171 of
    this Appendix] shall be subject to section 22 of the Office of
    Federal Procurement Policy Act [41 U.S.C. 418b].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 709, 64 Stat. 819; Pub. L.
    102-558, title I, Sec. 136(a), Oct. 28, 1992, 106 Stat. 4216.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Administrative Procedure Act, referred to in subsec. (a), was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,
    and reenacted by the first section thereof principally in
    subchapter II (Sec. 551 et seq.) of chapter 5, and chapter 7 (Sec.
    701 et seq.), of Title 5, Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-558 amended section generally. Prior to
    amendment, section read as follows: "The functions exercised under
    this Act shall be excluded from the operation of the Administrative
    Procedure Act (60 Stat. 237) except as to the requirements of
    section 3 thereof. Any rule, regulation, or order, or amendment
    thereto, issued under authority of this Act shall be accompanied by
    a statement that in the formulation thereof there has been
    consultation with industry representatives, including trade
    association representatives, and that consideration has been given
    to their recommendations, or that special circumstances have
    rendered such consultation impracticable or contrary to the
    interest of the national defense, but no such rule, regulation, or
    order shall be invalid by reason of any subsequent finding by
    judicial or other authority that such a statement is inaccurate."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 136(b) of Pub. L. 102-558 provided that: "Section 709 of
    the Defense Production Act of 1950 (50 U.S.C. App. 2159), as
    amended by subsection (a) of this section, shall not apply to any
    regulation issued in proposed or final form on or before the date
    of enactment of this Act [Oct. 28, 1992]."

                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2160                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2160. Employment of personnel; appointment policies; nucleus
      executive reserve; use of confidential information by employees;
      printing and distribution of reports

-STATUTE-
      (a) Repealed. June 28, 1955, ch. 189, Sec. 12(c)(1), 69 Stat.
    180.
      (b)(1) The President is further authorized, to the extent he
    deems it necessary and appropriate in order to carry out the
    provisions of this Act [sections 2061 to 2171 of this Appendix] and
    subject to such regulations as he may issue, to employ persons of
    outstanding experience and ability without compensation;
      (2) The President shall be guided in the exercise of the
    authority provided in this subsection by the following policies:
        (i) So far as possible, operations under the Act [said
      sections] shall be carried on by full-time, salaried employees of
      the Government, and appointments under this authority shall be to
      advisory or consultative positions only.
        (ii) Appointments to positions other than advisory or
      consultative may be made under this authority only when the
      requirements of the position are such that the incumbent must
      personally possess outstanding experience and ability not
      obtainable on a full-time, salaried basis.
        (iii) In the appointment of personnel and in assignment of
      their duties, the head of the department or agency involved shall
      take steps to avoid, to as great an extent as possible, any
      conflict between the governmental duties and the private
      interests of such personnel.

      (3) Appointees under this subsection shall, when policy matters
    are involved, be limited to advising appropriate full-time salaried
    Government officials who are responsible for making policy
    decisions.
      (4) Any person employed under this subsection is exempted, with
    respect to such employment, from the operation of sections 281,
    283, 284, 434, and 1914 (!1) of title 18, United States Code, and
    section 190 (!1) of the Revised Statutes (5 U.S.C. 99), except that
    - 

        (i) exemption hereunder shall not extend to the negotiation or
      execution, by such appointee, of Government contracts with the
      private employer of such appointee or with any corporation, joint
      stock company, association, firm, partnership, or other entity in
      the pecuniary profits or contracts of which the appointee has any
      direct or indirect interest;
        (ii) exemption hereunder shall not extend to making any
      recommendation or taking any action with respect to individual
      applications to the Government for relief or assistance, on
      appeal or otherwise, made by the private employer of the
      appointee or by any corporation, joint stock company,
      association, firm, partnership, or other entity in the pecuniary
      profits or contracts of which the appointee has any direct or
      indirect interest;
        (iii) exemption hereunder shall not extend to the prosecution
      by the appointee, or participation by the appointee in any
      fashion in the prosecution, of any claims against the Government
      involving any matter concerning which the appointee had any
      responsibility during his employment under this subsection,
      during the period of such employment and the further period of
      two years after the termination of such employment; and
        (iv) exemption hereunder shall not extend to the receipt or
      payment of salary in connection with the appointee's Government
      service hereunder from any source other than the private employer
      of the appointee at the time of his appointment hereunder.

      (5) Appointments under this subsection shall be supported by
    written certification by the head of the employing department or
    agency - 
        (i) that the appointment is necessary and appropriate in order
      to carry out the provisions of the Act [sections 2061 to 2171 of
      this Appendix];
        (ii) that the duties of the position to which the appointment
      is being made require outstanding experience and ability;
        (iii) that the appointee has the outstanding experience and
      ability required by the position; and
        (iv) that the department or agency head has been unable to
      obtain a person with the qualifications necessary for the
      position on a full-time, salaried basis.

      (6) Notice and financial disclosure requirements. - 
        (A) Public notice of appointment. - The head of any department
      or agency who appoints any individual under this subsection shall
      publish a notice of such appointment in the Federal Register,
      including the name of the appointee, the employing department or
      agency, the title of the appointee's position, and the name of
      the appointee's private employer.
        (B) Financial disclosure. - Any individual appointed under this
      subsection who is not required to file a financial disclosure
      report pursuant to section 101 of the Ethics in Government Act of
      1978, shall file a confidential financial disclosure report
      pursuant to section 107 of that Act with the appointing
      department or agency.

      (7) At least once every three months the Director of the Office
    of Personnel Management shall survey appointments made under this
    subsection and shall report his or her findings to the President
    and make such recommendations as he or she may deem proper.
      (8) Persons appointed under the authority of this subsection may
    be allowed reimbursement for travel, subsistence, and other
    necessary expenses incurred by them in carrying out the functions
    for which they were appointed in the same manner as persons
    employed intermittently in the Federal Government are allowed
    expenses under section 5703 of title 5, United States Code.
      (c) The President is authorized, to the extent he deems it
    necessary and appropriate in order to carry out the provisions of
    this Act [sections 2061 to 2171 of this Appendix] to employ experts
    and consultants or organizations thereof as authorized by section
    55a (!2) of title 5 of the United States Code [5 U.S.C. 3109].
    Individuals so employed may be compensated at rates not in excess
    of $50 per diem and while away from their homes or regular places
    of business they may be allowed transportation and not to exceed
    $15 per diem in lieu of subsistence and other expenses while so
    employed. The President is authorized to provide by regulation for
    the exemption of such persons from the operation of sections 281,
    283, 284, 434, and 1914 (!2) of title 18 of the United States Code
    and section 190 (!2) of the Revised Statutes (5 U.S.C. 99).

      (d) The President may utilize the services of Federal, State, and
    local agencies and may utilize and establish such regional, local,
    or other agencies, and utilize such voluntary and uncompensated
    services, as may from time to time be needed; and he is authorized
    to provide by regulation for the exemption of persons whose
    services are utilized under this subsection from the operation of
    sections 281, 283, 284, 434, and 1914 (!2) of title 18 of the
    United States Code and section 190 (!2) of the Revised Statutes (5
    U.S.C. 99).
      (e) The President is further authorized to provide for the
    establishment and training of a nucleus executive reserve for
    employment in executive positions in Government during periods of
    emergency. Members of this executive reserve who are not full-time
    Government employees may be allowed transportation and per diem in
    lieu of subsistence, in accordance with title 5 of the United
    States Code (with respect to individuals serving without pay, while
    away from their homes or regular places of business), for the
    purpose of participating in the executive reserve training program.
    The President is authorized to provide by regulation for the
    exemption of such persons who are not full-time Government
    employees from the operation of sections 281, 283, 284, 434, and
    1914 (!2) of title 18 of the United States Code and section 190
    (!2) of the Revised Statutes (5 U.S.C. 99).
      (f) Whoever, being an officer or employee of the United States or
    any department or agency thereof (including any Member of the
    Senate or House of Representatives), receives, by virtue of his
    office or employment, confidential information, and (1) uses such
    information in speculating directly or indirectly on any commodity
    exchange, or (2) discloses such information for the purpose of
    aiding any other person so to speculate, shall be fined not more
    than $10,000 or imprisoned not more than one year, or both. As used
    in this section, the term "speculate" shall not include a
    legitimate hedging transaction, or a purchase or sale which is
    accompanied by actual delivery of the commodity.
      (g) The President, when he deems such action necessary, may make
    provision for the printing and distribution of reports, in such
    number and in such manner as he deems appropriate, concerning the
    actions taken to carry out the objectives of this Act [sections
    2061 to 2171 of this Appendix].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 710, 64 Stat. 819; July
    31, 1951, ch. 275, title I, Sec. 109(f), 65 Stat. 139; June 28,
    1955, ch. 189, Sec. 12(c)(1), 69 Stat. 180; Aug. 9, 1955, ch. 655,
    Secs. 7, 8, 69 Stat. 582, 583; Pub. L. 94-152, Sec. 5, Dec. 16,
    1975, 89 Stat. 820; Pub. L. 102-558, title I, Sec. 143, Oct. 28,
    1992, 106 Stat. 4217.)


-STATAMEND-
                       ANNUAL SUBMISSION OF REPORTS                   
      Pub. L. 89-348, Sec. 2(11), Nov. 8, 1965, 79 Stat. 1313, modified
    the provisions of subsection (b)(7) of this section to require
    annual instead of quarterly submission of the report to the
    Congress.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 281 and 283 of title 18, referred to in subsecs. (b)(4),
    (c), (d), and (e), were repealed by Pub. L. 87-849, Sec. 2, Oct.
    23, 1962, 76 Stat. 1126, except as they may apply to retired
    officers of the armed forces of the United States, and were
    supplanted by sections 203 and 205 of Title 18, Crimes and Criminal
    Procedure. For further details, see Exemptions note set out under
    section 203 of Title 18.
      Sections 284, 434, and 1914 of title 18, referred to in subsecs.
    (b)(4), (c), (d), and (e), were repealed by Pub. L. 87-849, Sec. 2,
    Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207,
    208, and 209, respectively, of Title 18.
      Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in
    subsecs. (b)(4), (c), (d), and (e), was repealed by Pub. L. 87-849,
    Sec. 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18.
      Sections 101 and 107 of the Ethics in Governments Act of 1978,
    referred to in subsec. (b)(6)(B), are sections 101 and 107 of Pub.
    L. 95-521, which are set out in the Appendix to Title 5, Government
    Organization and Employees.
      Section 55a of title 5, referred to in subsec. (c), which was
    based on section 15 of act Aug. 2, 1946, ch. 744, 60 Stat. 810, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,
    and reenacted by the first section thereof as section 3109 of Title
    5.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(6). Pub. L. 102-558, Sec. 143(a), amended par.
    (6) generally. Prior to amendment, par. (6) read as follows: "The
    heads of the departments or agencies making appointments under this
    subsection shall file with the Division of the Federal Register for
    publication in the Federal Register a statement including the name
    of the appointee, the employing department or agency, the title of
    his position, and the name of his private employer, and the
    appointee shall file with such Division for publication in the
    Federal Register a statement listing the names of any corporations
    of which he is an officer or director or within sixty days
    preceding his appointment has been an officer or director, or in
    which he owns, or within sixty days preceding his appointment has
    owned, any stocks, bonds, or other financial interests, and the
    names of any partnerships in which he is, or was within sixty days
    preceding his appointment, a partner, and the names of any other
    businesses in which he owns, or within such sixty-day period has
    owned, any similar interest. At the end of each succeeding six-
    month period, the appointee shall file with such Division for
    publication in the Federal Register a statement showing any changes
    in such interests during such period."
      Subsec. (b)(7). Pub. L. 102-558, Sec. 143(b)(1), substituted
    "Director of the Office of Personnel Management" for "Chairman of
    the United States Civil Service Commission" and "his or her
    findings" for "his findings", struck out "and the Joint Committee
    on Defense Production" after "to the President", and substituted
    "he or she may" for "he may".
      Subsec. (b)(8). Pub. L. 102-558, Sec. 143(b)(2), substituted
    "reimbursement for travel, subsistence, and other necessary
    expenses incurred by them in carrying out the functions for which
    they were appointed in the same manner as persons employed
    intermittently in the Federal Government are allowed expenses under
    section 5703 of title 5, United States Code" for "transportation
    and not to exceed $15 per diem in lieu of subsistence while away
    from their homes or regular places of business pursuant to such
    appointment".
      1975 - Subsec. (e). Pub. L. 94-152 substituted provisions
    authorizing per diem in lieu of subsistence in accordance with
    provisions of title 5 of the United States Code with respect to
    individuals serving without pay while away from their homes or
    regular places of business, for provisions authorizing $15 per diem
    in lieu of subsistence.
      1955 - Subsec. (a). Act June 28, 1955, repealed subsec. (a) which
    authorized President to place positions and employ persons
    temporarily in grades 16, 17, and 18 of the General Schedule
    established by Classification Act of 1949.
      Subsec. (b). Act Aug. 9, 1955, Sec. 7, imposed additional
    restrictions on employment of persons without compensation by
    establishing guides to be used by President, requiring written
    certification, publication of statements, and a survey of
    appointments.
      Subsecs. (e) to (g). Act Aug. 9, 1955, Sec. 8, added subsec. (e)
    and redesignated former subsecs. (e) and (f) as (f) and (g),
    respectively.
      1951 - Subsec. (f). Act July 31, 1951, added subsec. (f).

                     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 1975 AMENDMENT                 
      Amendment by Pub. L. 94-152 effective at close of Nov. 30, 1975,
    see section 9 of Pub. L. 94-152, as amended, set out as a note
    under section 2158 of this Appendix.

                     EFFECTIVE DATE OF 1955 AMENDMENTS                 
      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.
      Amendment by act June 28, 1955, effective June 28, 1955, see
    section 13(b) of act June 28, 1955.

                             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 under section 761 of Title 15,
    Commerce and Trade.
      The head of each department or agency assigned functions under
    Ex. Ord. No. 12919 (relating to national defense industrial
    resources preparedness) delegated authority under subsecs. (b) and
    (c) of this section to employ persons of outstanding experience and
    ability without compensation and to employ experts, consultants, or
    organizations, with authority so delegated not to be redelegated,
    pursuant to section 602 of Ex. Ord. No. 12919, June 3, 1994, 59
    F.R. 29525, set out as a note under section 2153 of this Appendix.


-EXEC-
                         EXECUTIVE ORDER NO. 10182                     
      Ex. Ord. No. 10182, Nov. 21, 1950, 15 F.R. 8013, as amended by
    Ex. Ord. No. 10205, Jan. 16, 1951, 16 F.R. 419, which provided for
    appointments and exemptions, was revoked by Ex. Ord. No. 10647,
    Nov. 28, 1955, 20 F.R. 8769, formerly set out below.

                         EXECUTIVE ORDER NO. 10647                     
      Ex. Ord. No. 10647, Nov. 28, 1955, 20 F.R. 8769, as amended by
    Ex. Ord. No. 11355, May 26, 1967, 32 F.R. 7803; Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, which delegated authority to make
    appointments, was revoked by section 904(a)(4) of Ex. Ord. No.
    12919, June 3, 1994, 59 F.R. 29533, set out as a note under section
    2153 of this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2161                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2161. Authorization of appropriations; availability of funds

-STATUTE-
    (a) Authorization
        Except as provided in subsection (b), there are hereby
      authorized to be appropriated such sums as may be necessary and
      appropriate for the carrying out of the provisions and purposes
      of this Act [sections 2061 to 2171 of this Appendix] (including
      sections 302 and 303 [sections 2092 and 2093 of this Appendix],
      but excluding sections 305 and 306 [sections 2095 and 2096 of
      this Appendix]) by the President and such agencies as he may
      designate or create. Funds made available pursuant to this
      paragraph for the purposes of this Act [said sections] may be
      allocated or transferred for any of the purposes of this Act
      [said sections], with the approval of the Office of Management
      and Budget, to any agency designated to assist in carrying out
      this Act [said sections]. Funds so allocated or transferred shall
      remain available for such period as may be specified in the Acts
      making such funds available.
    (b) Title III authorization
      There are authorized to be appropriated for each of fiscal years
    1996 through 2008, such sums as may be necessary to carry out title
    III [sections 2091 to 2099a of this Appendix].

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 711, 64 Stat. 820; Pub. L.
    93-426, Sec. 3, Sept. 30, 1974, 88 Stat. 1167; Pub. L. 96-294,
    title I, Sec. 105(a), June 30, 1980, 94 Stat. 632; Pub. L. 98-265,
    Sec. 5, Apr. 17, 1984, 98 Stat. 151; Pub. L. 99-441, Sec. 3, Oct.
    3, 1986, 100 Stat. 1117; Pub. L. 101-137, Sec. 9(b), Nov. 3, 1989,
    103 Stat. 826; Pub. L. 102-99, Sec. 3, Aug. 17, 1991, 105 Stat.
    487; Pub. L. 102-558, title I, Secs. 144, 152, 161, Oct. 28, 1992,
    106 Stat. 4218, 4219; Pub. L. 104-64, Sec. 3, Dec. 18, 1995, 109
    Stat. 689; Pub. L. 105-261, div. A, title X, Sec. 1072(b), Oct. 17,
    1998, 112 Stat. 2137; Pub. L. 106-65, div. A, title X, Sec.
    1063(b), Oct. 5, 1999, 113 Stat. 769; Pub. L. 106-363, Sec. 2, Oct.
    27, 2000, 114 Stat. 1407; Pub. L. 107-47, Sec. 3, Oct. 5, 2001, 115
    Stat. 260; Pub. L. 108-195, Sec. 2(b), Dec. 19, 2003, 117 Stat.
    2892.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-195 substituted "2008" for
    "2003".
      2001 - Subsec. (b). Pub. L. 107-47 substituted "2003" for "2001".
      2000 - Subsec. (b). Pub. L. 106-363 substituted "2001" for
    "2000".
      1999 - Subsec. (b). Pub. L. 106-65 substituted "fiscal years 1996
    through 2000" for "the fiscal years 1996, 1997, 1998, and 1999".
      1998 - Subsec. (b). Pub. L. 105-261 substituted "1998, and 1999"
    for "and 1998".
      1995 - Subsec. (a). Pub. L. 104-64, Sec. 3(1), struck out
    paragraph designation "(1)" and former par. (1) heading "In
    general" and in text substituted "Except as provided in subsection
    (b)," for "Except as provided in subsection (c),".
      Subsecs. (b) to (d). Pub. L. 104-64, Sec. 3(2), added subsec. (b)
    and struck out former subsec. (b) which authorized appropriations
    to carry out provisions of section 2095(k)(2) of this Appendix,
    former subsec. (c) which authorized appropriations for fiscal year
    1991 to carry out provisions of sections 2091 to 2093 of this
    Appendix, and former subsec. (d) which authorized appropriations
    for fiscal years 1993, 1994, and 1995 to carry out sections 2091 to
    2099a of this Appendix.
      1992 - Subsec. (a). Pub. L. 102-558, Sec. 152(2)(A), inserted
    heading.
      Subsec. (a)(1). Pub. L. 102-558, Sec. 152(2)(A), (B), inserted
    par. heading, substituted "Except as provided in subsection (c),"
    for "Except as provided in paragraph (2) and paragraph (4)", and
    struck out "and for payment of interest under subsection (b) of
    this section" after "sections 302 and 303".
      Pub. L. 102-558, Sec. 144, substituted "Office of Management and
    Budget" for "Bureau of the Budget".
      Subsec. (a)(2). Pub. L. 102-558, Sec. 152(2)(C), struck out par.
    (2) which read as follows:
      "(A) There are hereby authorized to be appropriated without
    fiscal year limitation not to exceed $3,000,000,000 to carry out
    the provisions of section 305 until the date on which the authority
    of the President under such section ceases to be effective in
    accordance with section 305(k)(1). Subject to subparagraphs (B) and
    (C), all such funds shall remain available until expended.
      "(B) Such funds may be expended to carry out section 305 after
    such date only if such funds were obligated by the President before
    such date, or are required to be retained as a reserve against a
    contingent obligation incurred before such date.
      "(C) Any sums appropriated pursuant to this paragraph which have
    not been expended or obligated pursuant to subparagraph (B) as of
    the date determined under section 305(k)(1) or are not required to
    be retained as a reserve against a contingent obligation as
    specified in subparagraph (B), shall be transferred to the Energy
    Security Reserve and made available to the Secretary of the
    Treasury for the United States Synthetic Fuels Corporation pursuant
    to section 195 of the United States Synthetic Fuels Corporation Act
    of 1980."
      Subsec. (a)(3). Pub. L. 102-558, Sec. 152(2)(D), redesignated
    par. (3) as subsec. (b). See below.
      Subsec. (a)(4). Pub. L. 102-558, Sec. 152(2)(E), redesignated
    subpar. (A) as subsec. (c) (see below) and struck out subpar. (B)
    which read as follows: "The aggregate amount of loans, guarantees,
    purchase agreements, and other actions under sections 301, 302, and
    303 during fiscal years 1987, 1988, and 1989 may not exceed
    $150,000,000."
      Subsec. (b). Pub. L. 102-558, Sec. 152(1), (2)(D), redesignated
    par. (3) of subsec. (a) as subsec. (b), inserted heading, struck
    out "There are" before "hereby", and struck out former subsec. (b)
    which read as follows: "Interest shall accrue on (1) the cumulative
    amount of disbursements to carry out the purposes of sections 302
    and 303 (except for storage maintenance, and other operating and
    administrative expenses), plus any unpaid accrued interest, less
    the cumulative amount of any funds received on transactions entered
    into pursuant to sections 302 and 303 and any net losses incurred
    by an agency in carrying out its functions under sections 302 and
    303 when the head of the agency determines that such net losses
    have occurred; and (2) the current market value of the inventory of
    materials procured under section 303 as of the first day of each
    fiscal year commencing with the fiscal year beginning July 1, 1975.
    At the close of each fiscal year there shall be deposited into the
    Treasury as miscellaneous receipts, from any amounts appropriated
    under this section, an amount which the Secretary of the Treasury
    determines necessary to provide for the payment of any interest
    accrued and unpaid under this subsection. The rate of interest
    shall be determined by the Secretary of the Treasury, taking into
    consideration the average market yield during the month preceding
    each fiscal year on outstanding marketable obligations of the
    United States with one year remaining to maturity."
      Subsec. (c). Pub. L. 102-558, Sec. 152(2)(E), redesignated
    subpar. (A) of par. (4) of subsec. (a) as subsec. (c) and inserted
    heading.
      Subsec. (d). Pub. L. 102-558, Sec. 161, added subsec. (d).
      1991 - Subsec. (a)(4). Pub. L. 102-99 amended par. (4) generally.
    Prior to amendment, par. (4) read as follows:
      "(4)(A) There are authorized to be appropriated for fiscal year
    1990, not to exceed $50,000,000 to carry out the provisions of
    section 303.
      "(B) The aggregate amount of loans, guarantees, purchase
    agreements, and other actions under sections 301, 302, and 303
    during fiscal year 1990 may not exceed $50,000,000."
      1989 - Subsec. (a)(4). Pub. L. 101-137 amended par. (4)
    generally. Prior to amendment, par. (4) read as follows:
      "(A) There are authorized to be appropriated for fiscal years
    1987, 1988, and 1989 not to exceed $150,000,000 to carry out the
    provisions of section 303, except that not more than $30,000,000 is
    authorized to be appropriated for fiscal year 1987.
      "(B) The aggregate amount of loans, guarantees, purchase
    agreements, and other actions under sections 301, 302, and 303
    during fiscal years 1987, 1988, and 1989 may not exceed
    $150,000,000."
      1986 - Subsec. (a)(4). Pub. L. 99-441 amended par. (4) generally.
    Prior to amendment, par. (4) read as follows:
      "(A) There are authorized to be appropriated to carry out the
    provisions of section 303 not to exceed $100,000,000 for fiscal
    years 1985 and 1986, except that not more than $25,000,000 is
    authorized to be appropriated for fiscal year 1985.
      "(B) The aggregate amount of loans, guarantees, purchase
    agreements, and other actions under sections 301, 302, and 303
    during fiscal years 1985 and 1986 may not exceed $100,000,000."
      1984 - Subsec. (a)(1), (4). Pub. L. 98-265 inserted "and
    paragraph (4)" after "paragraph (2)" in par. (1) and added par.
    (4).
      1980 - Subsec. (a). Pub. L. 96-294, Sec. 105(a), designated
    existing provisions as par. (1), inserted exclusions of sections
    305 and 306, reference to funds made available pursuant to this
    paragraph, and exception for par. (2), and added pars. (2) and (3).
      1974 - Pub. L. 93-426 designated existing provisions as subsec.
    (a), inserted reference to sections 302 and 303 of this Appendix,
    and added subsec. (b).

                     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 1991 AMENDMENT                 
      Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section
    7 of Pub. L. 102-99, set out as a note under section 2071 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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2162                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2162. Repealed. Pub. L. 102-558, title I, Sec. 153, Oct. 28,
      1992, 106 Stat. 4219

-MISC1-
      Section, acts Sept. 8, 1950, ch. 932, title VII, Sec. 712, 64
    Stat. 820; June 30, 1952, ch. 530, title I, Sec. 119, 66 Stat. 306;
    Aug. 9, 1955, ch. 655, Sec. 9, 69 Stat. 583; June 29, 1956, ch.
    474, Secs. 3, 5, 70 Stat. 408, 409; June 30, 1966, Pub. L. 89-482,
    Sec. 2, 80 Stat. 235; July 1, 1968, Pub. L. 90-370, Sec. 2, 82
    Stat. 279; Dec. 16, 1975, Pub. L. 94-152, Sec. 6, 89 Stat. 820,
    established a Joint Committee on Defense Production.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2163                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2163. Territorial application of Act

-STATUTE-
      The provisions of this Act [sections 2061 to 2171 of this
    Appendix] shall be applicable to the United States, its Territories
    and possessions, and the District of Columbia.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 713, 64 Stat. 821.)


-MISC1-
                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2163a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2163a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 656

-MISC1-
      Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 714, as
    added July 31, 1951, ch. 275, title I, Sec. 110(a) 65 Stat. 139;
    amended June 30, 1952, ch. 530, title I, Sec. 121(a) 66 Stat. 306;
    June 30, 1953, ch. 171, Sec. 10, 67 Stat. 131, created Small
    Defense Plants Administration, and related generally to
    encouragement and aid to small-business concerns with respect to
    defense production. It terminated at close of July 31, 1953, by
    terms of section 2166(a) of this Appendix. For provisions relating
    to aid to small business, see section 631 et seq. of Title 15,
    Commerce and Trade.

                        REVOLVING FUND CONTINUATION                    
      Act July 16, 1953, ch. 204, Sec. 1, 67 Stat. 176, provided in
    part that the revolving fund established under the Small Defense
    Plants Administration was to remain available through July 31,
    1953, for payment of obligations and direct costs under contracts
    entered into during fiscal year 1953.

-End-



-CITE-
    50 USC APPENDIX Sec. 2164                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2164. Separability

-STATUTE-
      If any provision of this Act [sections 2061 to 2171 of this
    Appendix] or the application of such provision to any person or
    circumstances shall be held invalid, the remainder of the Act [said
    sections], and the application of such provision to persons or
    circumstances other than those as to which it is held invalid,
    shall not be affected thereby.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 715, formerly Sec. 714, 64
    Stat. 821; renumbered Sec. 715, July 31, 1951, ch. 275, title I,
    Sec. 110(b), 65 Stat. 144.)


-MISC1-
                             TERMINATION DATE                         
      Termination of section, see section 2166(a) of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2165                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2165. Repealed. Pub. L. 102-558, title I, Sec. 154, Oct. 28,
      1992, 106 Stat. 4219

-MISC1-
      Section, acts Sept. 8, 1950, ch. 932, title VII, Sec. 716,
    formerly Sec. 715, 64 Stat. 821; renumbered Sec. 716, July 31,
    1951, ch. 275, title I, Sec. 110(b), 65 Stat. 144, related to
    persons disqualified from employment and penalties.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2166                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2166. Termination of Act

-STATUTE-
      (a) Title I [sections 2071 to 2078 of this Appendix] (except
    section 104),(!1) title III [sections 2091 to 2099a of this
    Appendix], and title VII [sections 2151 to 2171 of this Appendix]
    (except sections 707, 708, and 721 [sections 2157, 2158, and 2170
    of this Appendix]), and all authority conferred thereunder, shall
    terminate at the close of September 30, 2008: Provided, That all
    authority hereby or hereafter extended under title III of this Act
    [sections 2091 to 2099 of this Appendix] shall be effective for any
    fiscal year only to such extent or in such amounts as are provided
    in advance in appropriation Acts. Section 714 of this Act [section
    2163a of this Appendix], and all authority conferred thereunder,
    shall terminate at the close of July 31, 1953. Section 104,(!1) and
    title II [section 2081 of this Appendix], and title VI [sections
    2131 to 2137 of this Appendix] of this Act, and all authority
    conferred thereunder, shall terminate at the close of June 30,
    1953. Title IV [sections 2101 to 2112 of this Appendix] and V
    [sections 2121 to 2123 of this Appendix] of this Act, and all
    authority conferred thereunder, shall terminate at the close of
    April 30, 1953.

      (b) Notwithstanding the foregoing - 
        (1) The Congress by concurrent resolution or the President by
      proclamation may terminate this Act [sections 2061 to 2171 of
      this Appendix] prior to the termination otherwise provided
      therefor.
        (2) The Congress may also provide by concurrent resolution that
      any section of this Act [said sections] and all authority
      conferred thereunder shall terminate prior to the termination
      otherwise provided therefor.
        (3) Any agency created under this Act [said sections] may be
      continued in existence for purposes of liquidation for not to
      exceed six months after the termination of the provision
      authorizing the creation of such agency.

      (c) The termination of any section of this Act [sections 2061 to
    2171 of this Appendix], or of any agency or corporation utilized
    under this Act [said sections], shall not affect the disbursement
    of funds under, or the carrying out of, any contract, guarantee,
    commitment or other obligation entered into pursuant to this Act
    [said sections] prior to the date of such termination, or the
    taking of any action necessary to preserve or protect the interests
    of the United States in any amounts advanced or paid out in
    carrying on operations under this Act [said sections], or the
    taking of any action (including the making of new guarantees)
    deemed by a guaranteeing agency to be necessary to accomplish the
    orderly liquidation, adjustment or settlement of any loans
    guaranteed under this Act [said sections], including actions deemed
    necessary to avoid undue hardship to borrowers in reconverting to
    normal civilian production; and all of the authority granted to the
    President, guaranteeing agencies, and fiscal agents, under section
    301 of this Act [section 2091 of this Appendix] shall be applicable
    to actions taken pursuant to the authority contained in this
    subsection.
      Notwithstanding any other provision of this Act [sections 2061 to
    2171 of this Appendix], the termination of title VI [sections 2132
    to 2137 of this Appendix] or any section thereof shall not be
    construed as affecting any obligation, condition, liability, or
    restriction arising out of any agreement heretofore entered into
    pursuant to, or under the authority of, section 602 or section 605
    of this Act [section 2132 or 2135 of this Appendix], or any
    issuance thereunder, by any person or corporation and the Federal
    Government or any agency thereof relating to the provision of
    housing for defense workers or military personnel in an area
    designated as a critical defense housing area pursuant to law.
      (d) No action for the recovery of any cooperative payment made to
    a cooperative association by a Market Administrator under an
    invalid provision of a milk marketing order issued by the Secretary
    of Agriculture pursuant to the Agricultural Marketing Agreement Act
    of 1937 [7 U.S.C. 671 et seq.] shall be maintained unless such
    action is brought by producers specifically named as party
    plaintiffs to recover their respective share of such payments
    within ninety days after the date of enactment of the Defense
    Production Act Amendments of 1952 [June 30, 1952] with respect to
    any cause of action heretofore accrued and not otherwise barred, or
    within ninety days after accrual with respect to future payments,
    and unless each claimant shall allege and prove (1) that he
    objected at the hearing to the provisions of the order under which
    such payments were made and (2) that he either refused to accept
    payments computed with such deduction or accepted them under
    protest to either the Secretary or the Administrator. The district
    courts of the United States shall have exclusive original
    jurisdiction of all such actions regardless of the amount involved.
    This subsection shall not apply to funds held in escrow pursuant to
    court order. Notwithstanding any other provision of this Act
    [sections 2061 to 2171 of this Appendix], no termination date shall
    be applicable to this subsection.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 717, formerly Sec. 716, 64
    Stat. 822; June 30, 1951, ch. 198, Sec. 1, 65 Stat. 110; renumbered
    Sec. 717, July 31, 1951, ch. 275, title I, Secs. 110(b), 111, 65
    Stat. 144; June 30, 1952, ch. 530, title I, Secs. 120, 121(b), 66
    Stat. 306; June 30, 1953, ch. 170, Sec. 20, 67 Stat. 126; June 30,
    1953, ch. 171, Secs. 11, 12, 67 Stat. 131; June 30, 1955, ch. 251,
    Sec. 5, 69 Stat. 225; Aug. 9, 1955, ch. 655, Sec. 10, 69 Stat. 583;
    June 29, 1956, ch. 474, Sec. 1, 70 Stat. 408; Pub. L. 85-471, June
    28, 1958, 72 Stat. 241; Pub. L. 86-560, Sec. 1, June 30, 1960, 74
    Stat. 282; Pub. L. 87-505, June 28, 1962, 76 Stat. 112; Pub. L. 88-
    343, Sec. 1, June 30, 1964, 78 Stat. 235; Pub. L. 89-482, Sec. 1,
    June 30, 1966, 80 Stat. 235; Pub. L. 90-370, Sec. 1, July 1, 1968,
    82 Stat. 279; Pub. L. 91-300, June 30, 1970, 84 Stat. 367; Pub. L.
    91-371, Aug. 1, 1970, 84 Stat. 694; Pub. L. 91-379, title I, Sec.
    101, Aug. 15, 1970, 84 Stat. 796; Pub. L. 92-15, Sec. 2, May 18,
    1971, 85 Stat. 38; Pub. L. 92-325, Sec. 2, June 30, 1972, 86 Stat.
    390; Pub. L. 93-323, June 30, 1974, 88 Stat. 280; Pub. L. 93-367,
    Aug. 7, 1974, 88 Stat. 419; Pub. L. 93-426, Sec. 4, Sept. 30, 1974,
    88 Stat. 1167; Pub. L. 94-42, Sec. 1, June 28, 1975, 89 Stat. 232;
    Pub. L. 94-100, Sec. 1, Oct. 1, 1975, 89 Stat. 483; Pub. L. 94-152,
    Sec. 2, Dec. 16, 1975, 89 Stat. 810; Pub. L. 95-37, Sec. 2, June 1,
    1977, 91 Stat. 178; Pub. L. 96-77, Sept. 29, 1979, 93 Stat. 588;
    Pub. L. 96-188, Jan. 28, 1980, 94 Stat. 3; Pub. L. 96-225, Apr. 3,
    1980, 94 Stat. 310; Pub. L. 96-250, May 26, 1980, 94 Stat. 371;
    Pub. L. 96-294, title I, Sec. 105(b), June 30, 1980, 94 Stat. 633;
    Pub. L. 97-47, Sec. 1, Sept. 30, 1981, 95 Stat. 954; Pub. L. 97-
    336, Oct. 15, 1982, 96 Stat. 1630; Pub. L. 98-12, Mar. 29, 1983,
    97 Stat. 53; Pub. L. 98-181, title VII, Sec. 703, Nov. 30, 1983, 97
    Stat. 1267; Pub. L. 98-265, Sec. 2, Apr. 17, 1984, 98 Stat. 149;
    Pub. L. 99-441, Sec. 2, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 101-
    137, Sec. 9(a), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101-351, Sec.
    1, Aug. 9, 1990, 104 Stat. 404; Pub. L. 101-407, Sec. 1, Oct. 4,
    1990, 104 Stat. 882; Pub. L. 101-411, Sec. 1, Oct. 6, 1990, 104
    Stat. 893; Pub. L. 102-99, Secs. 2, 8, Aug. 17, 1991, 105 Stat.
    487, 490; Pub. L. 102-193, Sec. 1, Dec. 6, 1991, 105 Stat. 1593;
    Pub. L. 102-558, title I, Sec. 162, Oct. 28, 1992, 106 Stat. 4219;
    Pub. L. 104-64, Sec. 2, Dec. 18, 1995, 109 Stat. 689; Pub. L. 105-
    261, div. A, title X, Sec. 1072(a), Oct. 17, 1998, 112 Stat. 2137;
    Pub. L. 106-65, div. A, title X, Sec. 1063(a), Oct. 5, 1999, 113
    Stat. 769; Pub. L. 106-363, Sec. 1, Oct. 27, 2000, 114 Stat. 1407;
    Pub. L. 107-47, Sec. 2, Oct. 5, 2001, 115 Stat. 260; Pub. L. 108-
    195, Sec. 2(a), Dec. 19, 2003, 117 Stat. 2892.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 104 of this Act, referred to in subsec. (a), was
    classified to section 2074 of this Appendix and terminated June 30,
    1953, by terms of subsec. (a) of this section. A new section 104
    was added by act Oct. 28, 1992, Pub. L. 102-558, title I, Sec. 112,
    106 Stat. 4202, and is classified to section 2074 of this Appendix.
      The Agricultural Marketing Agreement Act of 1937, referred to in
    subsec. (d), is act June 3, 1937, ch. 296, 50 Stat. 246, as
    amended, which is classified principally to chapter 26A (Sec. 671
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see section 674 of Title 7 and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-195, in first sentence,
    substituted "sections 707, 708, and 721" for "sections 708 and 721"
    and "September 30, 2008" for "September 30, 2003".
      2001 - Subsec. (a). Pub. L. 107-47 substituted "September 30,
    2003" for "September 30, 2001".
      2000 - Subsec. (a). Pub. L. 106-363 substituted "September 30,
    2001" for "September 30, 2000".
      1999 - Subsec. (a). Pub. L. 106-65 substituted "September 30,
    2000" for "September 30, 1999".
      1998 - Subsec. (a). Pub. L. 105-261 substituted "September 30,
    1999" for "September 30, 1998".
      1995 - Subsec. (a). Pub. L. 104-64, which directed substitution
    in first sentence of "Title I (except section 104), title III, and
    title VII (except sections 708 and 721), and all authority
    conferred thereunder, shall terminate at the close of September 30,
    1998" for "Title I (except section 104), title III, and title VII
    (except sections 708, 714, 719, and 721) of this Act, and all
    authority conferred thereunder shall terminate at the close of
    September 30, 1995" was executed by making the substitution for
    text which included comma after "thereunder", to reflect the
    probable intent of Congress.
      1992 - Subsec. (a). Pub. L. 102-558 substituted "September 30,
    1995" for "March 1, 1992".
      1991 - Subsec. (a). Pub. L. 102-193 substituted "March 1, 1992"
    for "September 30, 1991".
      Pub. L. 102-99 substituted "September 30, 1991" for "October 20,
    1990" and "sections 708, 714, 719, and 721" for "sections 708, 714,
    and 719".
      1990 - Subsec. (a). Pub. L. 101-411 extended termination date
    from Oct. 5, 1990, to Oct. 20, 1990.
      Pub. L. 101-407 extended termination date from Sept. 30, 1990, to
    Oct. 5, 1990.
      Pub. L. 101-351 extended termination date from Aug. 10, 1990, to
    Sept. 30, 1990.
      1989 - Subsec. (a). Pub. L. 101-137 extended termination date
    from Sept. 30, 1989, to Aug. 10, 1990.
      1986 - Subsec. (a). Pub. L. 99-441 extended termination date from
    Sept. 30, 1986, to Sept. 30, 1989.
      1984 - Subsec. (a). Pub. L. 98-265 extended termination date from
    Mar. 30, 1984, to Sept. 30, 1986.
      1983 - Subsec. (a). Pub. L. 98-181 extended termination date from
    Sept. 30, 1983, to Mar. 30, 1984.
      Pub. L. 98-12 extended termination date from Mar. 31, 1983, to
    Sept. 30, 1983.
      1982 - Pub. L. 97-336 extended termination date from Sept. 30,
    1982, to Mar. 31, 1983.
      1981 - Subsec. (a). Pub. L. 97-47 extended termination date from
    Sept. 30, 1981, to Sept. 30, 1982.
      1980 - Subsec. (a). Pub. L. 96-294 extended termination date from
    Aug. 27, 1981, to Sept. 30, 1981.
      Pub. L. 96-250 extended termination date from May 27, 1980, to
    Aug. 27, 1980.
      Pub. L. 96-225 extended termination date from Mar. 28, 1980, to
    May 27, 1980.
      Pub. L. 96-188 extended termination date from Jan. 28, 1980, to
    Mar. 28, 1980.
      1979 - Subsec. (a). Pub. L. 96-77 extended termination date from
    Sept. 30, 1979, to Jan. 28, 1980.
      1977 - Subsec. (a). Pub. L. 95-37 extended termination date from
    Sept. 30, 1977, to Sept. 30, 1979.
      1975 - Subsec. (a). Pub. L. 94-152 extended termination date from
    Nov. 30, 1975, to Sept. 30, 1977, and inserted proviso that all
    authority now or subsequently extended under Title III of this Act
    [sections 2091 to 2094 of this Appendix] shall be effective for any
    fiscal year only to such extent and amounts as are provided for in
    advance in appropriation Acts.
      Pub. L. 94-100 extended termination date from Sept. 30, 1975, to
    Nov. 30, 1975.
      Pub. L. 94-42 extended termination date from June 30, 1975, to
    Sept. 30, 1975.
      1974 - Subsec. (a). Pub. L. 93-426 extended termination date from
    June 30, 1974, to June 30, 1975.
      Pub. L. 93-367 extended termination date from July 30, 1974, to
    Sept. 30, 1974.
      Pub. L. 93-323 extended termination date from June 30, 1974, to
    July 30, 1974.
      1972 - Subsec. (a). Pub. L. 92-325 substituted "June 30, 1974"
    for "June 30, 1972".
      1971 - Subsec. (a). Pub. L. 92-15 inserted parenthetical
    reference to section "708".
      1970 - Subsec. (a). Pub. L. 91-379 substituted "June 30, 1972"
    for "August 15, 1970" and "sections 714 and 719" for "section 714".
      Pub. L. 91-371 extended termination date from July 30, 1970, to
    Aug. 15, 1970.
      Pub. L. 91-300 extended termination date from June 30, 1970, to
    July 30, 1970.
      1968 - Subsec. (a). Pub. L. 90-370 extended termination date from
    June 30, 1968, to June 30, 1970.
      1966 - Subsec. (a). Pub. L. 89-482 extended termination date from
    June 30, 1966, to June 30, 1968.
      1964 - Subsec. (a). Pub. L. 88-343 extended termination date from
    June 30, 1964, to June 30, 1966.
      1962 - Subsec. (a). Pub. L. 87-505 extended termination date from
    June 30, 1962, to June 30, 1964.
      1960 - Subsec. (a). Pub. L. 86-560 extended termination date from
    June 30, 1960, to June 30, 1962.
      1958 - Subsec. (a). Pub. L. 85-471 extended termination date from
    June 30, 1958, to June 30, 1960.
      1956 - Subsec. (a). Act June 29, 1956, extended termination date
    from June 30, 1956, to June 30, 1958.
      1955 - Subsec. (a). Act Aug. 9, 1955, extended termination date
    from July 31, 1955, to June 30, 1956.
      Act June 30, 1955, extended termination date from June 30, 1955,
    to July 31, 1955.
      1953 - Subsec. (a). Act June 30, 1953, ch. 171, Sec. 11, changed
    termination dates as follows: (1) Title I except section 2074 of
    this Appendix, from June 30, 1953, to June 30, 1955; (2) Title III,
    from June 30, 1953, to June 30, 1955; Title VII (except section
    2163a of this Appendix), from June 30, 1953 to June 30, 1955.
      Subsec. (c). Act June 30, 1953, ch. 171, Sec. 12, inserted "or
    the taking of any action (including the making of new guarantees)
    deemed by a guaranteeing agency to be necessary to accomplish the
    orderly liquidation, adjustment or settlement of any loans
    guaranteed under this Act, including actions deemed necessary to
    avoid undue hardship to borrowers in reconverting to normal
    civilian production; and all of the authority granted to the
    President, guaranteeing agencies, and fiscal agents, under section
    301 of this Act shall be applicable to actions taken pursuant to
    the authority contained in this subsection".
      Act June 30, 1953, ch. 170, added second par.
      1952 - Subsec. (a). Act June 30, 1952, Sec. 121(b), extended
    termination dates from Apr. 30, 1952, to Apr. 30, 1953, and from
    June 30, 1952, to June 30, 1953.
      Subsec. (d). Act June 30, 1952, Sec. 120, added subsec. (d).
      1951 - Subsec. (a). Acts July 31, 1951, Sec. 111, and June 30,
    1951. Act July 31, 1951, struck out subsec. (a) relating to
    termination of certain titles of act Sept. 8, 1950, and substituted
    present subsec. (a). Act June 30, 1951, extended termination date
    from June 30, 1951, to July 31, 1951.
      Subsec. (b). Act July 31, 1951, redesignated subsec. (c) as (b)
    and struck out former subsec. (b) which related to termination date
    of certain titles of act Sept. 8, 1950. Former subsec. (b) was
    amended by act June 30, 1951, to extend termination date from June
    30, 1951, to July 31, 1951.
      Subsecs. (c), (d). Act July 31, 1951, Sec. 111, redesignated
    subsec. (d) as (c). Former subsec. (c) redesignated (b).

                     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 1991 AMENDMENTS                 
      Section 2 of Pub. L. 102-193 provided that: "This Act [amending
    this section] shall take effect on September 30, 1991."
      Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section
    7 of Pub. L. 102-99, set out as a note under section 2071 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 1975 AMENDMENT                 
      Amendment by Pub. L. 94-152 effective at close of Nov. 30, 1975,
    see section 9 of Pub. L. 94-152, as amended, set out as a note
    under section 2158 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2167                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2167. Repealed. Pub. L. 102-558, title I, Sec. 155, Oct. 28,
      1992, 106 Stat. 4219

-MISC1-
      Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 718, as
    added July 1, 1968, Pub. L. 90-370, Sec. 3, 82 Stat. 279,
    authorized a feasibility study of application of uniform cost
    accounting standards to defense procurement contracts.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2168                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2168. Repealed. Pub. L. 100-679, Sec. 5(b), Nov. 17, 1988, 102
      Stat. 4063

-MISC1-
      Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 719, as
    added Aug. 15, 1970, Pub. L. 91-379, title I, Sec. 103, 84 Stat.
    796; amended Dec. 16, 1975, Pub. L. 94-152, Sec. 7, 89 Stat. 820;
    Nov. 8, 1985, Pub. L. 99-145, title IX, Sec. 934(b), 99 Stat. 700;
    Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, Sec. 1342(f),
    100 Stat. 3991, related to formation, functions, appointment and
    compensation of staff, etc., of Cost Accounting Standards Board.
    See section 422 of Title 41, Public Contracts.

-End-



-CITE-
    50 USC APPENDIX Sec. 2169                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2169. Repealed. Pub. L. 102-558, title I, Sec. 156, Oct. 28,
      1992, 106 Stat. 4219

-MISC1-
      Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 720, as
    added Sept. 30, 1974, Pub. L. 93-426, Sec. 5, 88 Stat. 1167;
    amended Mar. 21, 1975, Pub. L. 94-9, 89 Stat. 15; Aug. 5, 1975,
    Pub. L. 94-72, 89 Stat. 399; Dec. 16, 1975, Pub. L. 94-152, Sec. 8,
    89 Stat. 820, established a National Commission on Supplies and
    Shortages.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2170                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2170. Authority to review certain mergers, acquisitions, and
      takeovers

-STATUTE-
    (a) Investigations
      The President or the President's designee may make an
    investigation to determine the effects on national security of
    mergers, acquisitions, and takeovers proposed or pending on or
    after the date of enactment of this section [Aug. 23, 1988] by or
    with foreign persons which could result in foreign control of
    persons engaged in interstate commerce in the United States. If it
    is determined that an investigation should be undertaken, it shall
    commence no later than 30 days after receipt by the President or
    the President's designee of written notification of the proposed or
    pending merger, acquisition, or takeover as prescribed by
    regulations promulgated pursuant to this section. Such
    investigation shall be completed no later than 45 days after such
    determination.
    (b) Mandatory investigations
      The President or the President's designee shall make an
    investigation, as described in subsection (a), in any instance in
    which an entity controlled by or acting on behalf of a foreign
    government seeks to engage in any merger, acquisition, or takeover
    which could result in control of a person engaged in interstate
    commerce in the United States that could affect the national
    security of the United States. Such investigation shall - 
        (1) commence not later than 30 days after receipt by the
      President or the President's designee of written notification of
      the proposed or pending merger, acquisition, or takeover, as
      prescribed by regulations promulgated pursuant to this section;
      and
        (2) shall be completed not later than 45 days after its
      commencement.
    (c) Confidentiality of information
      Any information or documentary material filed with the President
    or the President's designee pursuant to this section shall be
    exempt from disclosure under section 552 of title 5, United States
    Code, and no such information or documentary material may be made
    public, except as may be relevant to any administrative or judicial
    action or proceeding. Nothing in this subsection shall be construed
    to prevent disclosure to either House of Congress or to any duly
    authorized committee or subcommittee of the Congress.
    (d) Action by the President
      Subject to subsection (d),(!1) the President may take such action
    for such time as the President considers appropriate to suspend or
    prohibit any acquisition, merger, or takeover, of a person engaged
    in interstate commerce in the United States proposed or pending on
    or after the date of enactment of this section [Aug. 23, 1988] by
    or with foreign persons so that such control will not threaten to
    impair the national security. The President shall announce the
    decision to take action pursuant to this subsection not later than
    15 days after the investigation described in subsection (a) is
    completed. The President may direct the Attorney General to seek
    appropriate relief, including divestment relief, in the district
    courts of the United States in order to implement and enforce this
    section.

    (e) Findings of the President
      The President may exercise the authority conferred by subsection
    (c) (!1) only if the President finds that - 
        (1) there is credible evidence that leads the President to
      believe that the foreign interest exercising control might take
      action that threatens to impair the national security, and
        (2) provisions of law, other than this section and the
      International Emergency Economic Powers Act (50 U.S.C. 1701-
      1706), do not in the President's judgment provide adequate and
      appropriate authority for the President to protect the national
      security in the matter before the President.

    The provisions of subsection (d) (!1) of this section shall not be
    subject to judicial review.
    (f) Factors to be considered
      For purposes of this section, the President or the President's
    designee may, taking into account the requirements of national
    security, consider among other factors - 
        (1) domestic production needed for projected national defense
      requirements,
        (2) the capability and capacity of domestic industries to meet
      national defense requirements, including the availability of
      human resources, products, technology, materials, and other
      supplies and services,
        (3) the control of domestic industries and commercial activity
      by foreign citizens as it affects the capability and capacity of
      the United States to meet the requirements of national security,
        (4) the potential effects of the proposed or pending
      transaction on sales of military goods, equipment, or technology
      to any country - 
          (A) identified by the Secretary of State - 
            (i) under section 6(j) of the Export Administration Act of
          1979 [section 2405(j) of this Appendix], as a country that
          supports terrorism;
            (ii) under section 6(l) of the Export Administration Act of
          1979 [section 2405(l) of this Appendix], as a country of
          concern regarding missile proliferation; or
            (iii) under section 6(m) of the Export Administration Act
          of 1979 [section 2405(m) of this Appendix], as a country of
          concern regarding the proliferation of chemical and
          biological weapons; or

          (B) listed under section 309(c) of the Nuclear Non-
        Proliferation Act of 1978 [42 U.S.C. 2139a(c)] on the "Nuclear
        Non-Proliferation-Special Country List" (15 C.F.R. Part 778,
        Supplement No. 4) or any successor list; and

        (5) the potential effects of the proposed or pending
      transaction on United States international technological
      leadership in areas affecting United States national security.
    (g) Report to the Congress
      The President shall immediately transmit to the Secretary of the
    Senate and the Clerk of the House of Representatives a written
    report of the President's determination of whether or not to take
    action under subsection (d), including a detailed explanation of
    the findings made under subsection (e) and the factors considered
    under subsection (f). Such report shall be consistent with the
    requirements of subsection (c) of this Act.(!2)

    (h) Regulations
      The President shall direct the issuance of regulations to carry
    out this section. Such regulations shall, to the extent possible,
    minimize paperwork burdens and shall to the extent possible
    coordinate reporting requirements under this section with reporting
    requirements under any other provision of Federal law.
    (i) Effect on other law
      Nothing in this section shall be construed to alter or affect any
    existing power, process, regulation, investigation, enforcement
    measure, or review provided by any other provision of law.
    (j) Technology risk assessments
      In any case in which an assessment of the risk of diversion of
    defense critical technology is performed by a designee of the
    President, a copy of such assessment shall be provided to any other
    designee of the President responsible for reviewing or
    investigating a merger, acquisition, or takeover under this
    section.
    (k) Quadrennial report
      (1) In general
        In order to assist the Congress in its oversight
      responsibilities with respect to this section, the President and
      such agencies as the President shall designate shall complete and
      furnish to the Congress, not later than 1 year after the date of
      enactment of this section (!3) and upon the expiration of every 4
      years thereafter, a report which - 

          (A) evaluates whether there is credible evidence of a
        coordinated strategy by 1 or more countries or companies to
        acquire United States companies involved in research,
        development, or production of critical technologies for which
        the United States is a leading producer; and
          (B) evaluates whether there are industrial espionage
        activities directed or directly assisted by foreign governments
        against private United States companies aimed at obtaining
        commercial secrets related to critical technologies.
      (2) "Critical technologies" defined
        For the purposes of this subsection, the term "critical
      technologies" means technologies identified under title VI of the
      National Science and Technology Policy, Organization, and
      Priorities Act of 1976 (!3) or other critical technology,
      critical components, or critical technology items essential to
      national defense identified pursuant to this section.
      (3) Release of unclassified study
        The report required by this subsection may be classified. An
      unclassified version of the report shall be made available to the
      public.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 721, as added Pub. L. 100-
    418, title V, Sec. 5021, Aug. 23, 1988, 102 Stat. 1425; amended
    Pub. L. 102-484, div. A, title VIII, Sec. 837(a)-(c), (e), Oct. 23,
    1992, 106 Stat. 2463-2465; Pub. L. 102-558, title I, Sec. 163, Oct.
    28, 1992, 106 Stat. 4219; Pub. L. 103-359, title VIII, Sec. 809(d),
    Oct. 14, 1994, 108 Stat. 3454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsections (c) and (d), referred to in subsecs. (d) and (e),
    were redesignated subsecs. (d) and (e), respectively, by Pub. L.
    102-484. See 1992 Amendment note below.
      The International Emergency Economic Powers Act, referred to in
    subsec. (e)(2), is title II of Pub. L. 95-223, Dec. 28, 1977, 91
    Stat. 1626, which is classified generally to chapter 35 (Sec. 1701
    et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 50 and Tables.
      The date of enactment of this section, referred to in subsec.
    (k)(1), probably means the date of enactment of Pub. L. 102-558,
    which enacted subsec. (k) of this section and was approved Oct. 28,
    1992.
      The National Science and Technology Policy, Organization, and
    Priorities Act of 1976, referred to in subsec. (k)(2), is Pub. L.
    94-282, May 11, 1976, 90 Stat. 459, as amended. Title VI of the Act
    was classified generally to subchapter VI (Sec. 6681 et seq.) of
    chapter 79 of Title 42, The Public Health and Welfare, and was
    omitted from the Code. For complete classification of this Act to
    the Code, see Short Title note set out under section 6601 of Title
    42 and Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (k)(1)(B). Pub. L. 103-359 inserted "or directly
    assisted" after "directed".
      1992 - Subsecs. (b) to (e). Pub. L. 102-484, Sec. 837(a), added
    subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to
    (e), respectively. Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 102-484, Sec. 837(a)(1), (b), redesignated
    subsec. (e) as (f) and added pars. (4) and (5). Former subsec. (f)
    redesignated (g).
      Subsec. (g). Pub. L. 102-484, Sec. 837(c), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "If the
    President determines to take action under subsection (c), the
    President shall immediately transmit to the Secretary of the Senate
    and the Clerk of the House of Representatives a written report of
    the action which the President intends to take, including a
    detailed explanation of the findings made under subsection (d)."
      Pub. L. 102-484, Sec. 837(a)(1), redesignated subsec. (f) as (g).
    Former subsec. (g) redesignated (h).
      Subsecs. (h), (i). Pub. L. 102-484, Sec. 837(a)(1), redesignated
    subsecs. (g) and (h) as (h) and (i), respectively.
      Subsec. (j). Pub. L. 102-484, Sec. 837(e), added subsec. (j).
      Subsec. (k). Pub. L. 102-558 added subsec. (k).

                     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.


-EXEC-
        INTERIM DIRECTIVE REGARDING DISPOSITION OF CERTAIN MERGERS,
                        ACQUISITIONS, AND TAKEOVERS
      Memorandum of the President of the United States, Oct. 26, 1988,
    53 F.R. 43999, provided:
      Memorandum for the Secretary of the Treasury
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States, including without limitation Section
    301 of Title 3 of the United States Code, the Defense Production
    Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and the
    Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418,
    August 23, 1988) (the "Act") [see Tables for classification], it is
    ordered as follows:
      Pending the issuance of an Executive order to implement the Act,
    the Secretary of the Treasury is hereby designated and empowered to
    perform the following-described functions of the President: The
    authority vested in the President by Section 721 of the Defense
    Production Act of 1950, as amended [this section], relative to
    mergers, acquisitions, and takeovers proposed or pending on or
    after the date of enactment of the Act [Aug. 23, 1988] by or with
    foreign persons which could result in foreign control of persons
    engaged in interstate commerce in the United States.
      The Secretary of the Treasury shall consult with the Committee on
    Foreign investment in the United States, established pursuant to
    Executive Order No. 11858 [15 U.S.C. 78b note] and chaired by the
    representative of the Secretary of the Treasury, to take such
    actions or make such recommendations as requested by the Secretary
    of the Treasury.
      The delegation provided herein shall terminate, and this interim
    directive shall be without any further effect, except as may be
    provided in the Executive order implementing the Act, upon the
    effective date of such order.
      This interim directive shall be published in the Federal
    Register.
                                                          Ronald Reagan.

-FOOTNOTE-
    (!1) See References in Text note below.

               

    (!2) So in original. Probably should be "section."

    (!3) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2170a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2170a. Prohibition on purchase of United States defense
      contractors by entities controlled by foreign governments

-STATUTE-
    (a) In general
      No entity controlled by a foreign government may merge with,
    acquire, or take over a company engaged in interstate commerce in
    the United States that - 
        (1) is performing a Department of Defense contract, or a
      Department of Energy contract under a national security program,
      that cannot be performed satisfactorily unless that company is
      given access to information in a proscribed category of
      information; or
        (2) during the previous fiscal year, was awarded - 
          (A) Department of Defense prime contracts in an aggregate
        amount in excess of $500,000,000; or
          (B) Department of Energy prime contracts under national
        security programs in an aggregate amount in excess of
        $500,000,000.
    (b) Inapplicability to certain cases
      The limitation in subsection (a) shall not apply if a merger,
    acquisition, or takeover is not suspended or prohibited pursuant to
    section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
    2170).
    (c) Definitions
      In this section:
        (1) The term "entity controlled by a foreign government"
      includes - 
          (A) any domestic or foreign organization or corporation that
        is effectively owned or controlled by a foreign government; and
          (B) any individual acting on behalf of a foreign government,

      as determined by the President.
        (2) The term "proscribed category of information" means a
      category of information that - 
          (A) with respect to Department of Defense contracts - 
            (i) includes special access information;
            (ii) is determined by the Secretary of Defense to include
          information the disclosure of which to an entity controlled
          by a foreign government is not in the national security
          interests of the United States; and
            (iii) is defined in regulations prescribed by the Secretary
          of Defense for the purposes of this section; and

          (B) with respect to Department of Energy contracts - 
            (i) is determined by the Secretary of Energy to include
          information described in subparagraph (A)(ii); and
            (ii) is defined in regulations prescribed by the Secretary
          of Energy for the purposes of this section.

-SOURCE-
    (Pub. L. 102-484, div. A, title VIII, Sec. 835, Oct. 23, 1992, 106
    Stat. 2461.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1993, and not as part of the Defense Production
    Act of 1950 which comprises sections 2061 to 2171 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2170b                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2170b. Reports on foreign industrial espionage

-STATUTE-
    (a) In general
      (1) Submission and contents
        In order to assist Congress in its oversight functions with
      respect to this Act and to improve the awareness of United States
      industry of foreign industrial espionage and the ability of such
      industry to protect against such espionage, the President shall
      submit to Congress a report that describes, as of the time of the
      report, the following:
          (A) The respective policy functions and operational roles of
        the agencies of the executive branch of the Federal Government
        in identifying and countering threats to United States industry
        of foreign industrial espionage, including the manner in which
        such functions and roles are coordinated.
          (B) The means by which the Federal Government communicates
        information on such threats, and on methods to protect against
        such threats, to United States industry in general and to
        United States companies known to be targets of foreign
        industrial espionage.
          (C) The specific measures that are being or could be
        undertaken in order to improve the activities referred to in
        subparagraphs (A) and (B), including proposals for any
        modifications of law necessary to facilitate the undertaking of
        such activities.
          (D) The threat to United States industry of foreign
        industrial espionage and any trends in that threat, including -
        
            (i) the number and identity of the foreign governments
          conducting foreign industrial espionage;
            (ii) the industrial sectors and types of information and
          technology targeted by such espionage; and
            (iii) the methods used to conduct such espionage.
      (2) Date of submission
        The President shall submit the report required under this
      subsection not later than six months after the date of the
      enactment of this Act [Oct. 14, 1994].
    (b) Annual update
      (1) Submittal to congressional intelligence committees
        Not later each year than the date provided in section 507 of
      the National Security Act of 1947 [50 U.S.C. 415b], the President
      shall submit to the congressional intelligence committees a
      report updating the information referred to in subsection
      (a)(1)(D).
      (2) Submittal to congressional leadership
        Not later than April 14 each year, the President shall submit
      to the congressional leadership a report updating the information
      referred to in subsection (a)(1)(D).
      (3) Definitions
        In this subsection:
        (A) Congressional intelligence committees
          The term "congressional intelligence committees" has the
        meaning given that term in section 3 of the National Security
        Act of 1947 (50 U.S.C. 401a).
        (B) Congressional leadership
          The term "congressional leadership" means the Speaker and the
        minority leader of the House of Representatives and the
        majority leader and the minority leader of the Senate.
    (c) Form of reports
      To the maximum extent practicable, the reports referred to in
    subsections (a) and (b) shall be submitted in an unclassified form,
    but may be accompanied by a classified appendix.
    (d) Omitted
    (e) Definition
      For the purposes of this section, "foreign industrial espionage"
    means industrial espionage conducted by a foreign government or by
    a foreign company with direct assistance of a foreign government
    against a private United States company and aimed at obtaining
    commercial secrets.

-SOURCE-
    (Pub. L. 103-359, title VIII, Sec. 809, Oct. 14, 1994, 108 Stat.
    3454; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(A), Nov. 27,
    2002, 116 Stat. 2423.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a)(1), is Pub. L. 103-359, Oct.
    14, 1994, 108 Stat. 3423, known as the Intelligence Authorization
    Act for Fiscal Year 1995. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 809 of Pub. L. 103-359. Subsec.
    (d) of section 809 of Pub. L. 103-359 amended section 2170 of this
    Appendix.
      Section was enacted as part of the Counterintelligence and
    Security Enhancements Act of 1994 and also as part of the
    Intelligence Authorization Act for Fiscal Year 1995, and not as
    part of the Defense Production Act of 1950 which comprises sections
    2061 to 2171 of this Appendix.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-306 added subsec. (b) and struck
    out heading and text of former subsec. (b). Text read as follows:
    "Not later than one year after the date referred to in paragraph
    (2) of subsection (a), and on the expiration of each year
    thereafter, the President shall submit to Congress a report
    updating the information referred to in paragraph (1)(D) of that
    subsection."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of congressional reporting functions of President
    under subsec. (b) of this section, see section 1 of Ex. Ord. No.
    13313, July 31, 2003, 68 F.R. 46075, set out as a note under
    section 301 of Title 3, The President.

-End-



-CITE-
    50 USC APPENDIX Sec. 2171                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEFENSE PRODUCTION ACT OF 1950
    ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798
    TITLE VII - GENERAL PROVISIONS

-HEAD-
    Sec. 2171. Defense industrial base information system

-STATUTE-
    (a) Establishment required
      (1) In general
        The President, acting through the Secretary of Defense and the
      heads of such other Federal agencies as the President may
      determine to be appropriate, shall provide for the establishment
      of an information system on the domestic defense industrial base
      which - 
          (A) meets the requirements of this section; and
          (B) includes a systematic continuous procedure, to collect
        and analyze information necessary to evaluate - 
            (i) the adequacy of domestic industrial capacity to furnish
          critical components and critical technology items essential
          to the national security of the United States;
            (ii) dependence on foreign sources for critical components
          and critical technology items essential to defense
          production; and
            (iii) the reliability of foreign sources for critical
          components and critical technology items.
      (2) Incorporation of DINET
        The Defense Information Network (or DINET), as established and
      maintained by the Secretary of Defense on the date of enactment
      of the Defense Production Act Amendments of 1992 [Oct. 28, 1992],
      shall be incorporated into the system established pursuant to
      paragraph (1).
      (3) Use of information
        Information collected and analyzed under the procedure
      established pursuant to paragraph (1) shall constitute a basis
      for making any determination to exercise any authority under this
      Act [sections 2061 to 2171 of this Appendix] and a procedure for
      using such information shall be integrated into the
      decisionmaking process with regard to the exercise of any such
      authority.
    (b) Sources of information
      (1) Foreign dependence
        (A) Scope of information review
          The procedure established to meet the requirement of
        subsection (a)(1)(B)(ii) shall address defense production with
        respect to the operations of prime contractors and at least the
        first 2 tiers of subcontractors, or at lower tiers if a
        critical component is identified at such lower tier.
        (B) Use of existing data collection and review capabilities
          To the extent feasible and appropriate, the President shall
        build upon existing methods of data collection and analysis and
        shall integrate information available from intelligence
        agencies with respect to industrial and technological
        conditions in foreign countries.
        (C) Initial emphasis on priority lists
          In establishing the procedure referred to in subparagraph
        (A), the Secretary may place initial emphasis on the production
        of critical components and critical technology items.
      (2) Production base analysis
        (A) Comprehensive review
          The analysis of the production base for any major system
        acquisition included in the information system maintained
        pursuant to subsection (a) shall, in addition to any
        information and analyses the President may require - 
            (i) include a review of all subcontractors and suppliers,
          beginning with any raw material, special alloy, or composite
          material involved in the production of a completed system;
            (ii) identify each contractor and subcontractor (or
          supplier) at each level of production for such major system
          acquisition which represents a potential for delaying or
          preventing the system's production and acquisition, including
          the identity of each contractor or subcontractor whose
          contract qualifies as a foreign source or sole source
          contract and any supplier which is a foreign source or sole
          source for any item required in the production, including
          critical components; and
            (iii) include information to permit appropriate management
          of accelerated or surge production.
        (B) Initial requirement for study of production bases for not
          more than 6 major weapon systems
          In establishing the information system under subsection (a),
        the President, acting through the Secretary of Defense, shall
        require an analysis of the production base for not more than 2
        weapons of each military department which are major systems (as
        defined in section 2302(5) of title 10, United States Code).
        Each such analysis shall identify the critical components of
        each system.
      (3) Consultation regarding the census of manufacturers
        (A) In general
          The Secretary of Commerce, acting through the Bureau of the
        Census, shall consult with the Secretary of Defense and the
        Director of the Federal Emergency Management Agency to improve
        the usefulness of information derived from the Census of
        Manufacturers in carrying out this section.
        (B) Issues to be addressed
          The consultation required under subparagraph (A) shall
        address improvements in the level of detail, timeliness, and
        availability of input and output analyses derived from the
        Census of Manufacturers necessary to carry out this section.
    (c) Strategic plan for developing comprehensive system
      (1) Plan required
        Not later than December 31, 1993, the President shall provide
      for the establishment of and report to the Congress on a
      strategic plan for developing a cost-effective, comprehensive
      information system capable of identifying on a timely, ongoing
      basis vulnerability in critical components and critical
      technology items.
      (2) Assessment of certain procedures
        In establishing the plan pursuant to paragraph (1), the
      President shall assess the performance and cost-effectiveness of
      procedures implemented under subsection (b), and shall seek to
      build upon such procedures, as appropriate.
    (d) Capabilities of system
      (1) In general
        In connection with the establishment of the information system
      under subsection (a), the President shall direct the Secretary of
      Defense, the Secretary of Commerce, and the heads of such other
      Federal agencies as the President may determine to be appropriate
      - 
          (A) to consult with each other and provide such information,
        assistance, and cooperation as may be necessary to establish
        and maintain the information system required by this section in
        a manner which allows the coordinated and efficient entry of
        information on the domestic defense industrial base into, and
        the withdrawal, subject to the protection of proprietary data,
        of information on the domestic defense industrial base from the
        system on an on-line interactive basis by the Department of
        Defense;
          (B) to assure access to the information on the system, as
        appropriate, for all participating Federal agencies, including
        each military department;
          (C) to coordinate standards, definitions, and specifications
        for information on defense production, which is collected by
        the Department of Defense and the military departments so that
        such information can be used by any Federal agency or
        department, as the President determines to be appropriate; and
          (D) to assure that the information in the system is updated,
        as appropriate, with the active assistance of the private
        sector.
      (2) Task force on military-civilian participation
        Upon the establishment of the information system under
      subsection (a), the President shall convene a task force
      consisting of the Secretary of Defense, the Secretary of
      Commerce, the Secretary of each military department, and the
      heads of such other Federal agencies and departments as the
      President may determine to be appropriate to establish guidelines
      and procedures to ensure that all Federal agencies and
      departments which acquire information with respect to the
      domestic defense industrial base are fully participating in the
      system, unless the President determines that all appropriate
      Federal agencies and departments, including each military
      department, are voluntarily providing information which is
      necessary for the system to carry out the purposes of this Act
      [sections 2061 to 2171 of this Appendix] and chapter 148 of title
      10, United States Code.
    (e) Report on subcontractor and supplier base
      (1) Report required
        The President shall issue a report (in accordance with
      paragraph (4) (!1) which includes - 

          (A) a list of critical components, technologies, and
        technology items for which there is found to be inadequate
        domestic industrial capacity or capability; and
          (B) an assessment of those subsectors of the economy of the
        United States which - 
            (i) support production of any component, technology, or
          technology item listed pursuant to subparagraph (A); or
            (ii) have been identified as being critical to the
          development and production of components required for the
          production of weapons, weapon systems, and other military
          equipment essential to the national defense.
      (2) Matters to be considered
        The assessment made under paragraph (1)(B) shall include
      consideration of - 
          (A) the capacity of domestic sources, especially commercial
        firms, to fulfill peacetime requirements and graduated
        mobilization requirements for various items of supply and
        services;
          (B) any trend relating to the capabilities of domestic
        sources to meet such peacetime and mobilization requirements;
          (C) the extent to which the production or acquisition of
        various items of military material is dependent on foreign
        sources; and
          (D) any reason for the decline of the capabilities of
        selected sectors of the United States economy necessary to meet
        peacetime and mobilization requirements, including - 
            (i) stability of defense requirements;
            (ii) acquisition policies;
            (iii) vertical integration of various segments of the
          industrial base;
            (iv) superiority of foreign technology and production
          efficiencies;
            (v) foreign government support of nondomestic sources; and
            (vi) offset arrangements.
      (3) Policy recommendations
        The report required by paragraph (1) may provide specific
      policy recommendations to correct deficiencies identified in the
      assessment, which would help to strengthen domestic sources.
      (4) Time for issuance
        The report required by paragraph (1) shall be issued not later
      than July 1 of each even-numbered year which begins after 1992.
      (5) Release of unclassified report
        The report required by this subsection may be classified. An
      unclassified version of the report shall be made available to the
      public.

-SOURCE-
    (Sept. 8, 1950, ch. 932, title VII, Sec. 722, as added Pub. L. 102-
    558, title I, Sec. 135, Oct. 28, 1992, 106 Stat. 4212.)


-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-
                           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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.


-End-


-CITE-
    50 USC APPENDIX DOMESTIC MINERALS PROGRAM
      EXTENSION                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC MINERALS PROGRAM EXTENSION

-HEAD-
                    DOMESTIC MINERALS PROGRAM EXTENSION                

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 7, 1953, CH. 339, 67
      STAT. 417                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC MINERALS PROGRAM EXTENSION
    ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-
                  ACT AUG. 7, 1953, CH. 339, 67 STAT. 417              

-MISC1-
    Sec.                                                     
    2181.       Congressional declaration of policy.                  
    2182.       Extension of termination dates of mineral purchase
                 programs.                                            
    2183.       Quarterly ore reports to purchase program producers.  

-End-



-CITE-
    50 USC APPENDIX Sec. 2181                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC MINERALS PROGRAM EXTENSION
    ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-
    Sec. 2181. Congressional declaration of policy

-STATUTE-
      It is recognized that the continued dependence on overseas
    sources of supply for strategic or critical minerals and metals
    during periods of threatening world conflict or of political
    instability within those nations controlling the sources of supply
    of such materials gravely endangers the present and future economy
    and security of the United States. It is therefore declared to be
    the policy of the Congress that each department and agency of the
    Federal Government charged with responsibilities concerning the
    discovery, development, production, and acquisition of strategic or
    critical minerals and metals shall undertake to decrease further
    and to eliminate where possible the dependency of the United States
    on overseas sources of supply of each such material.

-SOURCE-
    (Aug. 7, 1953, ch. 339, Sec. 2, 67 Stat. 417.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of act Aug. 7, 1953, provided: "That this Act [enacting
    sections 2181 to 2183 of this Appendix] may be cited as the
    'Domestic Minerals Program Extension Act of 1953'."

-End-



-CITE-
    50 USC APPENDIX Sec. 2182                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC MINERALS PROGRAM EXTENSION
    ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-
    Sec. 2182. Extension of termination dates of mineral purchase
      programs

-STATUTE-
      In accordance with the declaration of policy set forth in section
    2 of this Act [section 2181 of this Appendix], the termination
    dates of all purchase programs designed to stimulate the domestic
    production of tungsten, manganese, chromite, mica, asbestos, beryl,
    and columbium-tantalum-bearing ores and concentrates and
    established by regulations issued pursuant to the Defense
    Production Act of 1950, as amended [sections 2061 to 2171 of this
    Appendix], shall be extended an additional two years: Provided,
    That this section is not intended and shall not be construed to
    limit or restrict the regulatory agencies from extending the
    termination dates of these programs beyond the two-year extension
    periods provided by this section or from increasing the quantity of
    materials that may be delivered and accepted under these programs
    as permitted by existing statutory authority: Provided further,
    That the extended termination date provided by this section for the
    columbium-tantalum purchase program shall not apply to the purchase
    of columbium-tantalum-bearing ores and concentrates of foreign
    origin.

-SOURCE-
    (Aug. 7, 1953, ch. 339, Sec. 3, 67 Stat. 417.)

-End-



-CITE-
    50 USC APPENDIX Sec. 2183                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC MINERALS PROGRAM EXTENSION
    ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-
    Sec. 2183. Quarterly ore reports to purchase program producers

-STATUTE-
      In order that those persons who produce or who plan to produce
    under purchase programs established pursuant to Public Law 774
    (Eighty-first Congress) [section 2061 to 2171 of this Appendix] and
    Public Law 96 (Eighty-second Congress) may be in position to plan
    their investment and production with due regard to requirements,
    the responsible agencies controlling such purchase programs are
    directed to publish at the end of each calendar quarter the amounts
    of each of the ores and concentrates referred to in section 3
    [section 2182 of this Appendix] purchased in that quarter and the
    total amounts of each which have been purchased under the program.

-SOURCE-
    (Aug. 7, 1953, ch. 339, Sec. 4, 67 Stat. 417.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 774 (Eighty-first Congress), referred to in text,
    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 et seq. of this Appendix. For complete classification
    of this Act to the Code, see section 2061 of this Appendix and
    Tables.
      Public Law 96 (Eighty-second Congress), referred to in text,
    means act July 31, 1951, ch. 275, 65 Stat. 131, known as the
    Defense Production Act Amendments of 1951, which amended 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, repealed section
    694f of former Title 38, Pensions, Bonuses, and Veterans' Relief,
    and enacted provisions set out as notes under sections 1907 and
    2061 of this Appendix. For complete classification of this Act to
    the Code, see Short Title of 1951 Amendment note set out under
    section 2061 of this Appendix and Tables.

-End-


-CITE-
    50 USC APPENDIX DOMESTIC TUNGSTEN, ASBESTOS,
           FLUORSPAR AND COLUMBIUM-TANTALUM
           PURCHASE PROGRAMS                               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM
           PURCHASE PROGRAMS                             

-HEAD-
       DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM
                             PURCHASE PROGRAMS

-End-


-CITE-
    50 USC APPENDIX ACT JULY 19, 1956, CH. 638, 70
      STAT. 579                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM
           PURCHASE PROGRAMS                             
    ACT JULY 19, 1956, CH. 638, 70 STAT. 579

-HEAD-
                 ACT JULY 19, 1956, CH. 638, 70 STAT. 579             

-End-



-CITE-
    50 USC APPENDIX Secs. 2191 to 2195                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM
           PURCHASE PROGRAMS                             
    ACT JULY 19, 1956, CH. 638, 70 STAT. 579

-HEAD-
    Secs. 2191 to 2195. Omitted

-COD-
                               CODIFICATION                           
      Sections 2191 to 2195 terminated Dec. 31, 1958, pursuant to
    section 2194 of this Appendix.
      Section 2191, act July 19, 1956, ch. 638, Sec. 2, 70 Stat. 579,
    related to authorization of certain purchase programs by Department
    of the Interior.
      Section 2192, act July 19, 1956, ch. 638, Sec. 3, 70 Stat. 580,
    related to availability of materials purchased under sections 2191
    to 2195 of this Appendix to the strategic stockpile.
      Section 2193, act July 19, 1956, ch. 638, Sec. 4, 70 Stat. 580,
    related to promulgation of regulations and delegation of certain
    functions.
      Section 2194, act July 19, 1956, ch. 638, Sec. 5, 70 Stat. 580,
    provided that programs established pursuant to sections 2191 to
    2195 of this Appendix were to terminate on Dec. 31, 1958.
      Section 2195, act July 19, 1956, ch. 638, Sec. 6, 70 Stat. 580,
    authorized appropriations for purposes of sections 2191 to 2195 of
    this Appendix.

-End-


-CITE-
    50 USC APPENDIX DEPENDENTS ASSISTANCE ACT OF
      1950                                                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEPENDENTS ASSISTANCE ACT OF 1950

-HEAD-
                     DEPENDENTS ASSISTANCE ACT OF 1950                 

-End-


-CITE-
    50 USC APPENDIX ACT SEPT. 8, 1950, CH. 992, 64
      STAT. 794                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEPENDENTS ASSISTANCE ACT OF 1950
    ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-
                 ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794             

-End-



-CITE-
    50 USC APPENDIX Secs. 2201 to 2209                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEPENDENTS ASSISTANCE ACT OF 1950
    ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-
    Secs. 2201 to 2209. Omitted

-COD-
                               CODIFICATION                           
      Sections 2201 to 2209 terminated July 1, 1973, pursuant to
    section 2216 of this Appendix.
      Section 2201, acts Sept. 8, 1950, ch. 922, Sec. 1, 64 Stat. 794;
    Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496, provided for
    determination of dependency of parents.
      Section 2202, acts Sept. 8, 1950, ch. 922, Sec. 2, 64 Stat. 795;
    Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496, related to
    dependents of enlisted members in grades E-4 to E-1.
      Section 2203, acts Sept. 8, 1950, ch. 922, Sec. 3, 64 Stat. 795;
    July 10, 1962, Pub. L. 89-731, Sec. 4(1), 76 Stat. 153; Sept. 7,
    1962, Pub. L. 87-649, Sec. 10, 76 Stat. 451; Dec. 16, 1967, Pub. L.
    90-207, Sec. 4, 81 Stat. 654; Sept. 28, 1971, Pub. L. 92-129, title
    II, Sec. 206, 85 Stat. 359, related to quarters allowances for
    enlisted members.
      Section 2204, acts Sept. 8, 1950, ch. 922, Sec. 4, 64 Stat. 795;
    Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496; Sept. 28,
    1971, Pub. L. 92-129, title II, Sec. 207, 85 Stat. 359, related to
    quarters allowances and allotments of pay.
      Section 2204(a)-(e) was formerly classified to section 252(g)-(k)
    of former Title 37, Pay and Allowances, prior to the general
    revision and enactment of Title 37, Pay and Allowances of the
    Uniformed Services, by Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76
    Stat. 451.
      Section 2205, act Sept. 8, 1950, ch. 922, Sec. 5, 64 Stat. 796,
    provided that quarters allowance shall not be contingent on right
    to pay.
      Section 2206, act Sept. 8, 1950, ch. 922, Sec. 6, 64 Stat. 796,
    related to allowance and allotment without consent of enlisted
    member. See sections 553 and 602 of Title 37.
      Section 2207, acts Sept. 8, 1950, ch. 922, Sec. 7, 64 Stat. 796;
    July 10, 1962, Pub. L. 87-531, Sec. 4(2), 76 Stat. 153; Sept. 28,
    1971, Pub. L. 92-129, title II, Sec. 208, 85 Stat. 359, provided
    for enlisted members not affected by act Sept. 8, 1950, ch. 922, as
    amended.
      Section 2208, acts Sept. 8, 1950, ch. 922, Sec. 8, 64 Stat. 796;
    July 10, 1962, Pub. L. 87-531, Sec. 4(3), 76 Stat. 153, provided
    for aviation cadets.
      Section 2209, act Sept. 8, 1950, ch. 922, Sec. 9, 64 Stat. 796,
    related to members furnished Government quarters.


-MISC1-
                                SHORT TITLE                            
      Section 17 of act Sept. 8, 1950, ch. 922, 64 Stat. 797, provided
    that sections 2201 to 2216 of this Appendix were to be cited as the
    "Dependents Assistance Act of 1950".

            REQUIREMENT OF ALLOTMENT OF PAY BY ENLISTED MEMBERS        
      Act Oct. 12, 1949, ch. 681, title III, Sec. 302(h), 63 Stat. 812,
    as amended by act July 10, 1962, Pub. L. 87-531, Sec. 3, 76 Stat.
    152, provided that the payment of the basic quarters allowance
    provided for in section 2203 of this Appendix for certain enlisted
    men with dependents was to be made only for such period as the
    enlisted men had in effect allotments of pay not less than the sums
    of the basic allowances for quarters to which the members were
    entitled plus $40, for the support of the dependent or dependents
    on whose account the allowances were claimed, provided that such
    allotments were not to be required in certain cases, that such
    allotments could be modified in particular instances by regulation
    of the Secretary of the Department concerned, and that the minimum
    allotments required for any month were to be based on the lowest
    rates of basic quarters allowances to which the members were
    entitled and the lowest pay grades in which the members served
    during such month.

-End-



-CITE-
    50 USC APPENDIX Secs. 2210 to 2212                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEPENDENTS ASSISTANCE ACT OF 1950
    ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-
    Secs. 2210 to 2212. Repealed. Pub. L. 93-64, title I, Sec. 101,
      July 9, 1973, 87 Stat. 147

-MISC1-
      Section 2210, act Sept. 8, 1950, ch. 922, Sec. 10, 64 Stat. 796,
    authorized regulations and provided for determinations and waivers
    and delegation of authority.
      Section 2211, act Sept. 8, 1950, ch. 922, Sec. 11, 64 Stat. 797,
    provided for conclusiveness of determinations and waivers,
    modifications thereof, and waiver of erroneous payments. See
    section 5584 of Title 5, Government Organization and Employees,
    section 2774 of Title 10, Armed Forces, and section 716 of Title
    32, National Guard.
      Section 2212, act Sept. 8, 1950, ch. 922, Sec. 12, 64 Stat. 797,
    related to allowance of credit by General Accounting Office for
    accounts of disbursing officers making erroneous payments. See
    section 5584 of Title 5, Government Organization and Employees,
    section 2774 of Title 10, Armed Forces, and section 716 of Title
    32, National Guard.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1973, see section 206 of Pub. L. 93-64,
    set out as an Effective Date of 1973 Amendment note under section
    401 of Title 37, Pay and Allowances of the Uniformed Services.

-End-



-CITE-
    50 USC APPENDIX Secs. 2213 to 2216                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    DEPENDENTS ASSISTANCE ACT OF 1950
    ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-
    Secs. 2213 to 2216. Omitted

-COD-
                               CODIFICATION                           
      Sections 2213 to 2216 terminated July 1, 1973, pursuant to
    section 2216 of this Appendix.
      Section 2213, act Sept. 8, 1950, ch. 922, Sec. 13, 64 Stat. 797,
    related to erroneous payments under Servicemen's Dependents Act of
    1942.
      Section 2213a, act Sept. 8, 1950, ch. 922, Sec. 13a, as added
    July 24, 1956, ch. 697, 70 Stat. 634, provided penalty for
    fraudulent acceptance of benefits.
      Section 2214, act Sept. 8, 1950, ch. 922, Sec. 14, 64 Stat. 797,
    provided for discharge for hardship. See section 1173 of Title 10,
    Armed Forces.
      Section 2215, act Sept. 8, 1950, ch. 922, Sec. 15, 64 Stat. 797,
    related to effective date of act Sept. 8, 1950, ch. 922.
      Section 2216, acts Sept. 8, 1950, ch. 922, Sec. 16, 64 Stat. 797;
    Mar. 23, 1953, ch. 8, 67 Stat. 6; June 30, 1955, ch. 250, title I,
    Sec. 103, 69 Stat. 224; Mar. 23, 1959, Pub. L. 86-4, Sec. 3, 73
    Stat. 13; Mar. 28, 1963, Pub. L. 82-2, Sec. 3, 77 Stat. 4; June 30,
    1967, Pub. L. 90-40, Sec. 3, 81 Stat. 105; Sept. 28, 1971, Pub. L.
    92-129, title I, Sec. 105, 85 Stat. 355, provided for termination
    on July 1, 1973, of sections 2201 to 2209 and 2213 to 2216 of this
    Appendix.

-End-


-CITE-
    50 USC APPENDIX CIVIL DEFENSE                               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE

-HEAD-
                               CIVIL DEFENSE                           

-End-


-CITE-
    50 USC APPENDIX ACT JAN. 12, 1951, CH. 1228, 64
      STAT. 1245                                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

-HEAD-
                ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245            


-MISC1-
                       TITLE I - GENERAL PROVISIONS                   
    Sec.                                                     
    2251 to 2264. Repealed.                                           

                 TITLE II - ORGANIZATION OF ADMINISTRATION             
    2271, 2272. Repealed.                                             

                       TITLE III - POWERS AND DUTIES                   
    2281 to 2284. Repealed.                                           
    2285.       Real property transactions.                           
                  (a)  Reports to the Armed Services Committees.      
                  (b)  Annual reports to Armed Services Committees.   
                  (c)  Real property governed by this section.        
                  (d)  Recital of compliance in instrument of
                        conveyance as conclusive.                     
    2286 to 2289. Repealed.                                           

                      TITLE IV - EMERGENCY AUTHORITY                  
    2291 to 2297. Repealed.                                           

                 TITLE V - IMPROVED CIVIL DEFENSE PROGRAM             
    2301 to 2303. Repealed.                                           

-End-


-CITE-
    50 USC APPENDIX TITLE I - GENERAL PROVISIONS                01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE I - GENERAL PROVISIONS

-HEAD-
                       TITLE I - GENERAL PROVISIONS                   

-End-



-CITE-
    50 USC APPENDIX Secs. 2251 to 2264                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE I - GENERAL PROVISIONS

-HEAD-
    Secs. 2251 to 2264. Repealed. Pub. L. 103-337, div. C, title XXXIV,
      Sec. 3412(a), (b)(2), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section 2251, acts Jan. 12, 1951, ch. 1228, Sec. 2, 64 Stat.
    1246; Aug. 8, 1958, Pub. L. 85-606, Sec. 2, 72 Stat. 532; July 14,
    1976, Pub. L. 94-361, title VIII, Sec. 804(a), 90 Stat. 931; Dec.
    1, 1981, Pub. L. 97-86, title VIII, Sec. 803(b), 95 Stat. 1112;
    Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV, Sec. 3402(a),
    107 Stat. 1962, provided that the purpose of sections 2251 to 2303
    of this Appendix was to provide a system of civil defense. See
    section 5195 of Title 42, The Public Health and Welfare.
      Section 2252, acts Jan. 12, 1951, ch. 1228, Sec. 3, 64 Stat.
    1246; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(c), 95
    Stat. 1112; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV,
    Sec. 3402(b), (f)(2), 107 Stat. 1963, 1964, defined terms used in
    sections 2251 to 2303 of this Appendix. See section 5195a of Title
    42.
      Section 2253, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 401,
    64 Stat. 1254; June 28, 1955, ch. 189, Sec. 12(c)(2), 69 Stat. 180;
    Aug. 8, 1958, Pub. L. 85-606, Sec. 5, 72 Stat. 534; Aug. 19, 1964,
    Pub. L. 88-448, title IV, Sec. 402(a)(30), 78 Stat. 494, related to
    powers and duties of Administrator in carrying out sections 2251 to
    2303 of this Appendix. See section 5197 of Title 42.
      Section 2254, act Jan. 12, 1951, ch. 1228, title IV, Sec. 402, 64
    Stat. 1255, related to exemption from certain employment
    restrictions.
      Section 2255, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 403,
    64 Stat. 1255; Mar. 5, 1952, ch. 78, Sec. 1(b), 66 Stat. 13,
    directed Administrator to establish security restrictions with
    respect to access to information and property and provided for
    employee loyalty oaths. See section 5197a of Title 42.
      Section 2256, act Jan. 12, 1951, ch. 1228, title IV, Sec. 404, 64
    Stat. 1256, related to transfer of functions, property, and
    personnel of Civil Defense Administration to Administration
    established by sections 2251 to 2303 of this Appendix.
      Section 2257, act Jan. 12, 1951, ch. 1228, title IV, Sec. 405, 64
    Stat. 1256, related to utilization by Administrator of existing
    facilities. See section 5197b of Title 42.
      Section 2258, act Jan. 12, 1951, ch. 1228, title IV, Sec. 406, 64
    Stat. 1256, directed Administrator to submit annual reports to
    Congress and the President. See section 5197c of Title 42.
      Section 2259, act Jan. 12, 1951, ch. 1228, title IV, Sec. 407, 64
    Stat. 1256, related to applicability of sections 2251 to 2303 of
    this Appendix. See section 5197d of Title 42.
      Section 2260, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 408,
    64 Stat. 1257; Aug. 8, 1958, Pub. L. 85-606, Sec. 6, 72 Stat. 534;
    Aug. 2, 1972, Pub. L. 92-360, Sec. 1(2), 86 Stat. 503; July 14,
    1976, Pub. L. 94-361, title VIII, Sec. 804(b), 90 Stat. 931; Nov.
    9, 1979, Pub. L. 96-107, title VII, Sec. 702, 93 Stat. 810; Dec. 1,
    1981, Pub. L. 97-86, title VIII, Sec. 802, 95 Stat. 1111; Oct. 19,
    1984, Pub. L. 98-525, title VIII, Sec. 802, 98 Stat. 2572, related
    to appropriations and transfers of funds. See section 5197e of
    Title 42.
      Section 2261, act Jan. 12, 1951, ch. 1228, title IV, Sec. 409, 64
    Stat. 1257, related to loans from Reconstruction Finance
    Corporation for civil defense projects.
      Section 2262, act Jan. 12, 1951, ch. 1228, title IV, Sec. 410, 64
    Stat. 1257, related to effect of sections 2251 to 2303 of this
    Appendix on Atomic Energy Act of 1946. See section 5197f of Title
    42.
      Section 2263, act Jan. 12, 1951, ch. 1228, title IV, Sec. 411, 64
    Stat. 1257, related to investigations of espionage, sabotage, and
    subversive acts. See section 5197g of Title 42.
      Section 2264, act June 2, 1951, ch. 121, Ch. XI, 65 Stat. 61,
    established a civil defense procurement fund.

                                SHORT TITLE                            
      Section 1 of act Jan. 12, 1951, which provided that the act of
    Jan. 12, 1951, enacting sections 2251 to 2297 of this Appendix, was
    to be cited as the "Federal Civil Defense Act of 1950", prior to
    repeal by Pub. L. 103-337, div. C, title XXXIV, Sec. 3412(a), Oct.
    5, 1994, 108 Stat. 3111.

                               SEPARABILITY                           
      Section 412 of act Jan. 12, 1951, provided for separability of
    provisions for act of Jan. 12, 1951, prior to repeal by Pub. L. 103-
    337, div. C, title XXXIV, Sec. 3412(a), Oct. 5, 1994, 108 Stat.
    3111.

            APPLICABILITY OF REORGANIZATION PLAN NO. 1 OF 1958        
      Section 413 of act Jan. 12, 1951, as added by Pub. L. 85-606,
    Sec. 7, provided that the applicability of Reorg. Plan No. 1 of
    1958 (23 F.R. 4991) was to extend to any amendment of act Jan. 12,
    1951, prior to repeal by Pub. L. 103-337, div. C, title XXXIV, Sec.
    3412(a), Oct. 5, 1994, 108 Stat. 3111.

-End-


-CITE-
    50 USC APPENDIX TITLE II - ORGANIZATION OF
           ADMINISTRATION                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE II - ORGANIZATION OF ADMINISTRATION

-HEAD-
                 TITLE II - ORGANIZATION OF ADMINISTRATION             

-End-



-CITE-
    50 USC APPENDIX Secs. 2271, 2272                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE II - ORGANIZATION OF ADMINISTRATION

-HEAD-
    Secs. 2271, 2272. Repealed. Pub. L. 103-337, div. C, title XXXIV,
      Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section 2271, act Jan. 12, 1951, ch. 1228, title I, Sec. 101, 64
    Stat. 1247, related to establishment of Federal Civil Defense
    Administration.
      Section 2272, act Jan. 12, 1951, ch. 1228, title I, Sec. 102, 64
    Stat. 1247, created the Civil Defense Advisory Council which was
    abolished by section 3(a)(3) of Reorg. Plan No. 1 of 1973, eff.
    July 1, 1973, 38 Stat. 9579, 87 Stat. 1089, set out as a note under
    section 5195 of Title 42, The Public Health and Welfare.

-End-


-CITE-
    50 USC APPENDIX TITLE III - POWERS AND DUTIES               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
                       TITLE III - POWERS AND DUTIES                   

-End-



-CITE-
    50 USC APPENDIX Secs. 2281 to 2284                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
    Secs. 2281 to 2284. Repealed. Pub. L. 103-337, div. C, title XXXIV,
      Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section 2281, acts Jan. 12, 1951, ch. 1228, title II, Sec. 201,
    64 Stat. 1248; Mar. 5, 1952, ch. 78, Sec. 1(a), 66 Stat. 13; June
    25, 1952, ch. 461, 66 Stat. 158; Aug. 2, 1956, ch. 888, Sec. 1, 70
    Stat. 949; Aug. 8, 1958, Pub. L. 85-606, Sec. 3(a)(1), (2), (b),
    (c), 72 Stat. 532, 533; Oct. 4, 1961, Pub. L. 87-390, 75 Stat. 820;
    June 30, 1964, Pub. L. 88-335, 78 Stat. 231; June 10, 1968, Pub. L.
    90-336, 82 Stat. 175; Aug. 2, 1972, Pub. L. 92-360, Sec. 1(1), 86
    Stat. 503; July 14, 1976, Pub. L. 94-361, title VIII, Sec. 804(c),
    90 Stat. 932; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(d),
    95 Stat. 1113; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV,
    Sec. 3402(c)(1), 107 Stat. 1964, related to functions and powers of
    Administrator. See section 5196 of Title 42, The Public Health and
    Welfare.
      Section 2282, act Jan. 12, 1951, ch. 1228, title II, Sec. 202, 64
    Stat. 1251, defined "national defense" and "defense" for purposes
    of former section 2081 of this Appendix. See section 5195a(b) of
    Title 42.
      Section 2283, act Jan. 12, 1951, ch. 1228, title II, Sec. 203, 64
    Stat. 1251, related to mutual aid pacts between States and
    neighboring countries. See section 5196a of Title 42.
      Section 2284, act Jan. 12, 1951, ch. 1228, title II, Sec. 204, 64
    Stat. 1251, related to insignia, arm bands, and other distinctive
    articles to be worn or possessed by persons engaged in civil
    defense activities.

-End-



-CITE-
    50 USC APPENDIX Sec. 2285                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
    Sec. 2285. Real property transactions

-STATUTE-
    (a) Reports to the Armed Services Committees
      The Director of the Office of Civil and Defense Mobilization, or
    his designee, may not enter into any of the following listed
    transactions by or for the use of that agency until after the
    expiration of thirty days from the date upon which a report of the
    facts concerning the proposed transaction is submitted to the
    Committees on Armed Services of the Senate and House of
    Representatives:
        (1) An acquisition of fee title to any real property, if the
      estimated price is more than $50,000.
        (2) A lease of any real property to the United States, if the
      estimated annual rental is more than $50,000.
        (3) A lease of real property owned by the United States, if the
      estimated annual rental is more than $50,000.
        (4) A transfer of real property owned by the United States to
      another Federal agency or to a State, if the estimated value is
      more than $50,000.
        (5) A report of excess real property owned by the United States
      to a disposal agency, if the estimated value is more than
      $50,000.

    If a transaction covered by clause (1) or (2) is part of a project,
    the report must include a summarization of the general plan for
    that project, including an estimate of the total cost of the lands
    to be acquired or leases to be made.
    (b) Annual reports to Armed Services Committees
      The Director of the Office of Civil and Defense Mobilization
    shall report annually to the Committees on Armed Services of the
    Senate and the House of Representatives on transactions described
    in subsection (a) that involve an estimated value of more than
    $5,000 but not more than $50,000.
    (c) Real property governed by this section
      This section applies only to real property in the States of the
    Union, the District of Columbia, and Puerto Rico. It does not apply
    to real property for river and harbor projects or flood-control
    projects, or to leases of Government-owned real property for
    agricultural or grazing purposes.
    (d) Recital of compliance in instrument of conveyance as conclusive
      A statement in an instrument of conveyance, including a lease,
    that the requirements of this section have been met, or that the
    conveyance is not subject to this section, is conclusive.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, Sec. 43, 70A Stat. 636; Pub. L. 86-70,
    Sec. 37, June 25, 1959, 73 Stat. 150; Pub. L. 86-500, title V, Sec.
    512, June 8, 1960, 74 Stat. 187; Pub. L. 86-624, Sec. 38, June 12,
    1960, 74 Stat. 421; Pub. L. 96-470, title II, Sec. 202(c), Oct. 19,
    1980, 94 Stat. 2242.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 171x of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.
      Section was not enacted as a part of the Federal Civil Defense
    Act of 1950 which formerly comprised sections 2251 to 2303 of this
    Appendix.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-470 substituted "annually" for
    "quarterly".
      1960 - Subsec. (a). Pub. L. 86-500 substituted "Director of the
    Office of Civil and Defense Mobilization" for "Administrator of the
    Federal Civil Defense Administration", prohibited the Director from
    entering into any of the transactions listed in subsec. (a) until
    after the expiration of 30 days from the date upon which a report
    of the facts concerning the proposed transaction is submitted to
    the Committees on Armed Services of the Senate and House of
    Representatives, and increased the amounts in cls. (1) to (5) from
    $25,000 to $50,000.
      Subsec. (b). Pub. L. 86-500 substituted "Director of the Office
    of Civil and Defense Mobilization" for "Administrator" and
    "$50,000" for "$25,000".
      Subsec. (c). Pub. L. 86-624 substituted "States of the Union, the
    District of Columbia" for "United States, Hawaii."
      Pub. L. 86-500 struck out ", Hawaii," after "United States".
      Subsec. (d). Pub. L. 86-500 reenacted subsection without change.
      1959 - Subsec. (c). Pub. L. 86-70 struck out "Alaska," after
    "United States,".

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (b) of this section is listed
    as the 10th item on page 169), see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Federal Civil Defense Administration transferred to
    President by section 1 of Reorg. Plan No. 1 of 1958, eff. July 1,
    1958, 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note
    under section 5195 of Title 42, The Public Health and Welfare. The
    Plan created a new agency in Executive Office of President known as
    Office of Defense and Civilian Mobilization.
      Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861, amended Reorg. Plan
    No. 1 of 1958 by redesignating Office of Defense and Civilian
    Mobilization as Office of Civil and Defense Mobilization.
      Pub. L. 87-296, Sept. 22, 1961, 75 Stat. 630, amended Reorg. Plan
    No. 1 of 1958 by redesignating Office of Civil and Defense
    Mobilization as Office of Emergency Planning.
      Office of Emergency Planning renamed Office of Emergency
    Preparedness pursuant to section 402 of Pub. L. 90-608, Oct. 21,
    1968, 82 Stat. 1194, which provided that references to Office of
    Emergency Planning after Oct. 21, 1968, should be deemed references
    to Office of Emergency Preparedness.
      Office of Emergency Preparedness, including offices of Director,
    Deputy Director, Assistant Directors, and Regional Directors,
    abolished and functions vested by law in Office of Emergency
    Preparedness or Director of Office of Emergency Preparedness
    transferred to President by sections 1 and 3(a)(1) of Reorg. Plan
    No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set
    out as a note under section 5195 of Title 42, The Public Health and
    Welfare.
      Functions vested in Director of Office of Emergency Preparedness
    as of June 30, 1973, by Executive Order, proclamation, or other
    directive issued by or on behalf of President or otherwise, with
    certain exceptions, transferred to Administrator of General
    Services, effective July 1, 1973, by Ex. Ord. No. 11725, Sec. 3,
    eff. June 29, 1973, 38 F.R. 17175, formerly set out as a note under
    section 2271 of this Appendix.
      Functions of Administrator of Federal Civil Defense
    Administration under this section, previously transferred to
    President, delegated to Director of Federal Emergency Management
    Agency by section 4-105 of Ex. Ord. No. 12148, July 20, 1979, 44
    F.R. 43242, set out as a note under section 5195 of Title 42, The
    Public Health and Welfare.
      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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2286                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
    Sec. 2286. Repealed. Pub. L. 103-337, div. C, title XXXIV, Sec.
      3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section, act Jan. 12, 1951, ch. 1228, title II, Sec. 205, as
    added Aug. 8, 1958, Pub. L. 85-606, Sec. 4, 72 Stat. 533; amended
    June 30, 1964, Pub. L. 88-335, 78 Stat. 231; June 10, 1968, Pub. L.
    90-336, 82 Stat. 175; Aug. 2, 1972, Pub. L. 92-360, Sec. 1(1), 86
    Stat. 503; July 14, 1976, Pub. L. 94-361, title VIII, Sec. 804(d),
    90 Stat. 932; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec.
    803(a)(2), (e), 95 Stat. 1112, 1113; Nov. 30, 1993, Pub. L. 103-
    160, div. C, title XXXIV, Sec. 3402(c)(2), (f)(3), 107 Stat. 1964,
    1965, related to financial contributions to States for personnel
    and administrative expenses. See section 5196b of Title 42, The
    Public Health and Welfare.

-End-



-CITE-
    50 USC APPENDIX Sec. 2287                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
    Sec. 2287. Repealed. Pub. L. 97-214, Sec. 7(8), July 12, 1982, 96
      Stat. 173

-MISC1-
      Section, Pub. L. 89-568, title VI, Sec. 610, Sept. 12, 1966, 80
    Stat. 756; Pub. L. 90-110, title VIII, Sec. 807, Oct. 21, 1967, 81
    Stat. 308, related to fallout protection. Provisions similar to
    this section were contained in the Military Construction
    Authorization Act, 1966, Pub. L. 89-188, title VI, Sec. 608, Sept.
    16, 1965, 79 Stat. 818.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1982, and applicable to military
    construction projects, and to construction and acquisition of
    military family housing, authorized before, on, or after such date,
    see section 12(a) of Pub. L. 97-214, set out as an Effective Date
    note under section 2801 of Title 10, Armed Forces.

-End-



-CITE-
    50 USC APPENDIX Secs. 2288, 2289                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE III - POWERS AND DUTIES

-HEAD-
    Secs. 2288, 2289. Repealed. Pub. L. 103-337, div. C, title XXXIV,
      Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section 2288, act Jan. 12, 1951, ch. 1228, title II, Sec. 206, as
    added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 703(a)(1), 94
    Stat. 1089, related to requirement for State matching funds for
    construction of emergency operating centers. See section 5196c of
    Title 42, The Public Health and Welfare.
      Section 2289, act Jan. 12, 1951, ch. 1228, title II, Sec. 207, as
    added Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(a)(1), 95
    Stat. 1112; amended Nov. 30, 1993, Pub. L. 103-160, div. C, title
    XXXIV, Sec. 3402(d)(1), 107 Stat. 1964, related to use of funds for
    attack-related civil defense and disaster-related civil defense.
    See section 5196d of Title 42.

-End-


-CITE-
    50 USC APPENDIX TITLE IV - EMERGENCY AUTHORITY              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE IV - EMERGENCY AUTHORITY

-HEAD-
                      TITLE IV - EMERGENCY AUTHORITY                  

-End-



-CITE-
    50 USC APPENDIX Secs. 2291 to 2297                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE IV - EMERGENCY AUTHORITY

-HEAD-
    Secs. 2291 to 2297. Repealed. Pub. L. 103-337, div. C, title XXXIV,
      Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-
      Section 2291, act Jan. 12, 1951, ch. 1228, title III, Sec. 301,
    64 Stat. 1251, provided that sections 2291 to 2297 of this Appendix
    applied only during civil defense emergencies and related to
    proclamation and termination of these emergencies.
      Section 2292, act Jan. 12, 1951, ch. 1228, title III, Sec. 302,
    64 Stat. 1251, related to utilization of Federal departments and
    agencies during civil defense emergencies.
      Section 2293, act Jan. 12, 1951, ch. 1228, title III, Sec. 303,
    64 Stat. 1252, related to emergency powers of Administrator.
      Section 2294, act Jan. 12, 1951, ch. 1228, title III, Sec. 304,
    64 Stat. 1253, related to governmental immunity from liability for
    death or injury to employees and to employee benefits.
      Section 2295, act Jan. 12, 1951, ch. 1228, title III, Sec. 305,
    64 Stat. 1253, related to waiver of provisions of Administrative
    Procedure Act, sections 551 et seq. and 701 et seq. of Title 5,
    Government Organization and Employees.
      Section 2296, act Jan. 12, 1951, ch. 1228, title III, Sec. 306,
    64 Stat. 1253, related to compensation for acquisition of
    nongovernmental property, return of the property to the owner, and
    disposal of surplus property.
      Section 2297, acts Jan. 12, 1951, ch. 1228, title III, Sec. 307,
    64 Stat. 1254; June 3, 1954, ch. 253, 68 Stat. 170; July 11, 1958,
    Pub. L. 85-514, 72 Stat. 356; June 27, 1962, Pub. L. 87-501, 76
    Stat. 111; June 30, 1966, Pub. L. 89-483, 80 Stat. 235; June 30,
    1970, Pub. L. 91-299, 84 Stat. 367, provided that sections 2291 to
    2297 of this Appendix terminated on June 30, 1974, or on such
    earlier date as prescribed by concurrent resolution of Congress.
    Sections 2291 to 2297 terminated June 30, 1974, pursuant to section
    2297 of this Appendix.

-End-


-CITE-
    50 USC APPENDIX TITLE V - IMPROVED CIVIL DEFENSE
           PROGRAM                                         01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

-HEAD-
                 TITLE V - IMPROVED CIVIL DEFENSE PROGRAM             

-End-



-CITE-
    50 USC APPENDIX Secs. 2301 to 2303                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    CIVIL DEFENSE
    ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
    TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

-HEAD-
    Secs. 2301 to 2303. Repealed. Pub. L. 103-160, div. C, title XXXIV,
      Sec. 3402(e)(1), Nov. 30, 1993, 107 Stat. 1964

-MISC1-
      Section 2301, act Jan. 12, 1951, ch. 1228, title V, Sec. 501, as
    added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94
    Stat. 1088, related to sense of Congress concerning improved civil
    defense program.
      Section 2302, act Jan. 12, 1951, ch. 1228, title V, Sec. 502, as
    added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94
    Stat. 1088, listed elements of improved civil defense program.
      Section 2303, act Jan. 12, 1951, ch. 1228, title V, Sec. 503, as
    added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94
    Stat. 1089, granted administrative authority to develop and
    implement improved civil defense program.

-End-


-CITE-
    50 USC APPENDIX EMERGENCY FOOD AID TO INDIA                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY FOOD AID TO INDIA

-HEAD-
                        EMERGENCY FOOD AID TO INDIA                    

-End-


-CITE-
    50 USC APPENDIX ACT JUNE 15, 1951, CH. 138, 65
      STAT. 69                                             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY FOOD AID TO INDIA
    ACT JUNE 15, 1951, CH. 138, 65 STAT. 69

-HEAD-
                  ACT JUNE 15, 1951, CH. 138, 65 STAT. 69              

-End-



-CITE-
    50 USC APPENDIX Secs. 2311 to 2316                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY FOOD AID TO INDIA
    ACT JUNE 15, 1951, CH. 138, 65 STAT. 69

-HEAD-
    Secs. 2311 to 2316. Omitted

-COD-
                               CODIFICATION                           
      Sections 2311 to 2316 of this Appendix were omitted from the Code
    in view of the termination of the emergency need which they were
    enacted to meet.
      Section 2311, act June 15, 1951, ch. 138, Sec. 2, 65 Stat. 70,
    related to emergency food relief assistance to India on credit
    terms including payment by transfer to the United States of
    materials required by the United States due to deficiencies in its
    own resources, particularly those found to be strategic and
    critical.
      Section 2312, act June 15, 1951, ch. 138, Sec. 3, 65 Stat. 70,
    related to amount of money available for loan during the period
    ending June 30, 1952.
      Section 2313, act June 15, 1951, ch. 138, Sec. 4, 65 Stat. 70,
    related to permissible use of funds to meet the emergency need
    arising from the flood, drought, and other conditions existing in
    India in 1950.
      Section 2314, act June 15, 1951, ch. 138, Sec. 5, 65 Stat. 70,
    related to transportation of supplies, to advances by
    Reconstruction Finance Corporation to Department of Commerce for
    activation and operation of vessels for such transportation, and to
    repayment of advances.
      Section 2315, act June 15, 1951, ch. 138, Sec. 6, 65 Stat. 71,
    related to payment of charges for ocean freight of relief packages
    and to funds available for such payment.
      Section 2316, act June 15, 1951, ch. 138, Sec. 7, 65 Stat. 71,
    related to establishment of special deposit account in the United
    States Treasury created by repayments of interest by India on or
    before Jan. 1, 1957, to uses of funds in the account, and to
    disbursements from the account.

-End-


-CITE-
    50 USC APPENDIX KOREAN COMBAT PAY                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    KOREAN COMBAT PAY

-HEAD-
                             KOREAN COMBAT PAY                         

-End-


-CITE-
    50 USC APPENDIX ACT JULY 10, 1952, CH. 630,
      TITLE VII, 66 STAT. 538                              01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    KOREAN COMBAT PAY
    ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

-HEAD-
            ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538        

-End-



-CITE-
    50 USC APPENDIX Secs. 2351 to 2356                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    KOREAN COMBAT PAY
    ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

-HEAD-
    Secs. 2351 to 2356. Repealed. Pub. L. 88-132, Sec. 9(b), Oct. 2,
      1963, 77 Stat. 216

-MISC1-
      Section 2351, act July 10, 1952, ch. 630, title VII, Sec. 702, 66
    Stat. 538, defined terms for purposes of sections 2351 to 2356 of
    this Appendix.
      Section 2352, act July 10, 1952, ch. 630, title VII, Sec. 703, 66
    Stat. 539, related to conditions governing payment of combat pay to
    members and former members of the uniformed services.
      Section 2353, act July 10, 1952, ch. 630, title VII, Sec. 704, 66
    Stat. 539, related to members of the uniformed services killed in
    action, injured in action, and missing in action.
      Section 2354, act July 10, 1952, ch. 630, title VII, Sec. 705, 66
    Stat. 539, related to limitations on combat payments.
      Section 2355, act July 10, 1952, ch. 630, title VII, Sec. 706, 66
    Stat. 539, related to regulations for the administration of
    sections 2351 to 2356 of this Appendix.
      Section 2356, act July 10, 1952, ch. 630, title VII, Sec. 707, 66
    Stat. 539, related to determinations of fact, conclusiveness of
    findings, and availability of appropriations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,
    set out as an Effective Date of 1963 Amendment note under section
    201 of Title 37, Pay and Allowances of the Uniformed Services.

-End-


-CITE-
    50 USC APPENDIX WORLD WAR II LICENSE AGREEMENTS             01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WORLD WAR II LICENSE AGREEMENTS

-HEAD-
                      WORLD WAR II LICENSE AGREEMENTS                  

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 16, 1950, CH. 716, 64
      STAT. 448                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WORLD WAR II LICENSE AGREEMENTS
    ACT AUG. 16, 1950, CH. 716, 64 STAT. 448

-HEAD-
                 ACT AUG. 16, 1950, CH. 716, 64 STAT. 448             

-MISC1-
    Sec.                                                     
    2371.       Modification or cancellation of certain license
                 agreements granted Government during World War II.   

-End-



-CITE-
    50 USC APPENDIX Sec. 2371                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    WORLD WAR II LICENSE AGREEMENTS
    ACT AUG. 16, 1950, CH. 716, 64 STAT. 448

-HEAD-
    Sec. 2371. Modification or cancellation of certain license
      agreements granted Government during World War II

-STATUTE-
      Notwithstanding any other provision of law, the head of any
    department or other agency in the executive branch of the
    Government which subsequent to September 9, 1939, entered into any
    contract or agreement with the holder of any privately owned patent
    or any right thereunder whereby such holder granted to the United
    States, without payment of royalty or with reduction or limitation
    of royalty, any license under such patent or right, is authorized,
    upon application of the grantor of such license, to enter into such
    supplemental contract or agreement for the cancellation of the
    contract or agreement by which such license was granted as the head
    of such department or agency shall deem to be warranted by equities
    existing by reason of changes in circumstances occurring since the
    granting of such license.

-SOURCE-
    (Aug. 16, 1950, ch. 716, 64 Stat. 448.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 119 of former Title
    35, Patents, prior to the general revision and enactment of Title
    35, Patents, by act July 19, 1952, ch. 950, Sec. 1, 66 Stat. 792.

-End-


-CITE-
    50 USC APPENDIX EMERGENCY SHIP REPAIR PROGRAM               01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY SHIP REPAIR PROGRAM

-HEAD-
                       EMERGENCY SHIP REPAIR PROGRAM                   

-End-


-CITE-
    50 USC APPENDIX ACT AUG. 20, 1954, CH. 777, 68
      STAT. 754                                            01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY SHIP REPAIR PROGRAM
    ACT AUG. 20, 1954, CH. 777, 68 STAT. 754

-HEAD-
                 ACT AUG. 20, 1954, CH. 777, 68 STAT. 754             

-End-



-CITE-
    50 USC APPENDIX Secs. 2391 to 2394                          01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EMERGENCY SHIP REPAIR PROGRAM
    ACT AUG. 20, 1954, CH. 777, 68 STAT. 754

-HEAD-
    Secs. 2391 to 2394. Repealed. Pub. L. 101-225, title III, Sec.
      307(16), Dec. 12, 1989, 103 Stat. 1925

-MISC1-
      Section 2391, act Aug. 20, 1954, ch. 777, Sec. 2, 68 Stat. 754,
    set out purpose of Act as providing for the immediate improvement
    of merchant vessels in reserve fleet under jurisdiction of
    Secretary of Commerce, thereby stimulating shipbuilding and ship
    repair industries of Nation.
      Section 2392, act Aug. 20, 1954, ch. 777, Sec. 3, 68 Stat. 754,
    directed Secretary of Commerce, after consultation with Secretary
    of Defense, to formulate and carry out a modernization program for
    merchant vessels in national defense reserve under jurisdiction of
    Secretary of Commerce.
      Section 2393, acts Aug. 20, 1954, ch. 777, Sec. 4, 68 Stat. 754;
    Aug. 6, 1956, ch. 1012, 70 Stat. 1067, directed Secretary of
    Commerce to contract before July 1, 1958, for repair and
    modernization of vessels after inviting single bids or split bids
    or both and specified that expenditures not exceed $25,000,000,
    that contracts be with private shipbuilding or ship repair yards in
    the United States, and that contracts conform to the Federal
    Property and Administrative Services Act of 1949, 41 U.S.C. 251 et
    seq.
      Section 2394, act Aug. 20, 1954, ch. 777, Sec. 5, 68 Stat. 755,
    authorized appropriations not in excess of $25,000,000 to carry out
    this Act.

-End-


-CITE-
    50 USC APPENDIX EXPORT REGULATION                           01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
                             EXPORT REGULATION                         
                PUB. L. 96-72, SEPT. 29, 1979, 93 STAT. 503            

-MISC1-
    Sec.                                                     
    2401.       Congressional findings.                               
    2402.       Congressional declaration of policy.                  
    2403.       General provisions.                                   
                  (a)  Types of licenses.                             
                  (b)  Control list.                                  
                  (c)  Foreign availability.                          
                  (d)  Right of export.                               
                  (e)  Delegation of authority.                       
                  (f)  Notification of public; consultation with
                        business.                                     
                  (g)  Fees.                                          
    2403-1 to 2403a. Repealed or Omitted.                             
    2404.       National security controls.                           
                  (a)  Authority.                                     
                  (b)  Policy toward individual countries.            
                  (c)  Control list.                                  
                  (d)  Militarily critical technologies.              
                  (e)  Export licenses.                               
                  (f)  Foreign availability.                          
                  (g)  Indexing.                                      
                  (h)  Technical advisory committees.                 
                  (i)  Multilateral export controls.                  
                  (j)  Commercial agreements with certain countries.  
                  (k)  Negotiations with other countries.             
                  (l)  Diversion of controlled goods or technology.   
                  (m)  Goods containing controlled parts and
                        components.                                   
                  (n)  Security measures.                             
                  (o)  Recordkeeping.                                 
                  (p)  National Security Control Office.              
                  (q)  Exclusion for agricultural commodities.        
    2405.       Foreign policy controls.                              
                  (a)  Authority.                                     
                  (b)  Criteria.                                      
                  (c)  Consultation with industry.                    
                  (d)  Consultation with other countries.             
                  (e)  Alternative means.                             
                  (f)  Consultation with Congress.                    
                  (g)  Exclusion for medicine and medical supplies and
                        for certain food exports.                     
                  (h)  Foreign availability.                          
                  (i)  International obligations.                     
                  (j)  Countries supporting international terrorism.  
                  (k)  Negotiations with other countries.             
                  (l)  Missile technology.                            
                  (m)  Chemical and biological weapons.               
                  (n)  Crime control instruments.                     
                  (o)  Control list.                                  
                  (p)  Effect on existing contracts and licenses.     
                  (q)  Extension of certain controls.                 
                  (r)  Expanded authority to impose controls.         
                  (s)  Spare parts.                                   
    2406.       Short supply controls.                                
                  (a)  Authority.                                     
                  (b)  Monitoring.                                    
                  (c)  Petitions for monitoring or controls.          
                  (d)  Domestically produced crude oil.               
                  (e)  Refined petroleum products.                    
                  (f)  Certain petroleum products.                    
                  (g)  Agricultural commodities.                      
                  (h)  Barter agreements.                             
                  (i)  Unprocessed red cedar.                         
                  (j)  Effect of controls on existing contracts.      
                  (k)  Oil exports for use by United States military
                        facilities.                                   
    2407.       Foreign boycotts.                                     
                  (a)  Prohibitions and exceptions.                   
                  (b)  Foreign policy controls.                       
                  (c)  Preemption.                                    
    2408.       Procedures for hardship relief from export controls.  
                  (a)  Filing of petitions.                           
                  (b)  Decision of Secretary.                         
                  (c)  Factors to be considered.                      
    2409.       Procedures for processing export license applications;
                 other inquiries.                                     
                  (a)  Primary responsibility of Secretary.           
                  (b)  Initial screening.                             
                  (c)  Action on certain applications.                
                  (d)  Referral to other departments and agencies.    
                  (e)  Action by other departments and agencies.      
                  (f)  Action by Secretary.                           
                  (g)  Special procedures for Secretary of Defense.   
                  (h)  Multilateral controls.                         
                  (i)  Records.                                       
                  (j)  Appeal and court action.                       
                  (k)  Changes in requirements for applications.      
                  (l)  Other inquiries.                               
                  (m)  Small business assistance.                     
                  (n)  Reports on license applications.               
                  (o)  Exports to members of Coordinating Committee.  
    2410.       Violations.                                           
                  (a)  In general.                                    
                  (b)  Willful violations.                            
                  (c)  Civil penalties; administrative sanctions.     
                  (d)  Payment of penalties.                          
                  (e)  Refunds.                                       
                  (f)  Actions for recovery of penalties.             
                  (g)  Forfeiture of property interest and proceeds.  
                  (h)  Prior convictions.                             
                  (i)  Other authorities.                             
    2410a.      Multilateral export control violations.               
                  (a)  Determination by the President.                
                  (b)  Sanctions.                                     
                  (c)  Exceptions.                                    
                  (d)  Exclusion.                                     
                  (e)  Definitions.                                   
                  (f)  Subsequent modifications of sanctions.         
                  (g)  Reports to Congress.                           
                  (h)  Discretionary imposition of sanctions.         
                  (i)  Compensation for diversion of militarily
                        critical technologies to controlled countries.
                  (j)  Other actions by the President.                
                  (k)  Damages for certain violations.                
                  (l)  Definition.                                    
    2410b.      Missile proliferation control violations.             
                  (a)  Violations by United States persons.           
                  (b)  Transfers of missile equipment or technology by
                        foreign persons.                              
                  (c)  Definitions.                                   
    2410c.      Chemical and biological weapons proliferation
                 sanctions.                                           
                  (a)  Imposition of sanctions.                       
                  (b)  Consultations with and actions by foreign
                        government of jurisdiction.                   
                  (c)  Sanctions.                                     
                  (d)  Termination of sanctions.                      
                  (e)  Waiver.                                        
                  (f)  Definition of foreign person.                  
    2411.       Enforcement.                                          
                  (a)  General authority.                             
                  (b)  Immunity.                                      
                  (c)  Confidentiality.                               
                  (d)  Reporting requirements.                        
                  (e)  Simplification of regulations.                 
    2411a.      Omitted.                                              
    2412.       Administrative procedure and judicial review.         
                  (a)  Exemption.                                     
                  (b)  Public participation.                          
                  (c)  Procedures relating to civil penalties and
                        sanctions.                                    
                  (d)  Imposition of temporary denial orders.         
                  (e)  Appeals from license denials.                  
    2413.       Annual report.                                        
                  (a)  Contents.                                      
                  (b)  Report on certain export controls.             
                  (c)  Report on negotiations.                        
                  (d)  Report on exports to controlled countries.     
                  (e)  Report on domestic economic impact of exports
                        to controlled countries.                      
                  (f)  Annual report of the President.                
    2414.       Administrative and regulatory authority.              
                  (a)  Under Secretary of Commerce.                   
                  (b)  Issuance of regulations.                       
                  (c)  Amendments to regulations.                     
    2415.       Definitions.                                          
    2416.       Effect on other Acts.                                 
                  (a)  In general.                                    
                  (b)  Coordination of controls.                      
                  (c)  Civil aircraft equipment.                      
                  (d)  Nonproliferation controls.                     
                  (e)  Termination of other authority.                
                  (f)  Agricultural Act of 1970.                      
    2417.       Authorization of appropriations.                      
                  (a)  Requirement of authorizing legislation.        
                  (b)  Authorization.                                 
    2418.       Effective date.                                       
    2419.       Termination date.                                     
    2420.       Savings provisions.                                   
                  (a)  In general.                                    
                  (b)  Administrative proceedings.                    

-End-



-CITE-
    50 USC APPENDIX Sec. 2401                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2401. Congressional findings

-STATUTE-
      The Congress makes the following findings:
        (1) The ability of United States citizens to engage in
      international commerce is a fundamental concern of United States
      policy.
        (2) Exports contribute significantly to the economic well-being
      of the United States and the stability of the world economy by
      increasing employment and production in the United States, and by
      earning foreign exchange, thereby contributing favorably to the
      trade balance. The restriction of exports from the United States
      can have serious adverse effects on the balance of payments and
      on domestic employment, particularly when restrictions applied by
      the United States are more extensive than those imposed by other
      countries.
        (3) It is important for the national interest of the United
      States that both the private sector and the Federal Government
      place a high priority on exports, consistent with the economic,
      security, and foreign policy objectives of the United States.
        (4) The availability of certain materials at home and abroad
      varies so that the quantity and composition of United States
      exports and their distribution among importing countries may
      affect the welfare of the domestic economy and may have an
      important bearing upon fulfillment of the foreign policy of the
      United States.
        (5) Exports of goods or technology without regard to whether
      they make a significant contribution to the military potential of
      individual countries or combinations of countries may adversely
      affect the national security of the United States.
        (6) Uncertainty of export control policy can inhibit the
      efforts of United States business and work to the detriment of
      the overall attempt to improve the trade balance of the United
      States.
        (7) Unreasonable restrictions on access to world supplies can
      cause worldwide political and economic instability, interfere
      with free international trade, and retard the growth and
      development of nations.
        (8) It is important that the administration of export controls
      imposed for national security purposes give special emphasis to
      the need to control exports of technology (and goods which
      contribute significantly to the transfer of such technology)
      which could make a significant contribution to the military
      potential of any country or combination of countries which would
      be detrimental to the national security of the United States.
        (9) Minimization of restrictions on exports of agricultural
      commodities and products is of critical importance to the
      maintenance of a sound agricultural sector, to a positive
      contribution to the balance of payments, to reducing the level of
      Federal expenditures for agricultural support programs, and to
      United States cooperation in efforts to eliminate malnutrition
      and world hunger.
        (10) It is important that the administration of export controls
      imposed for foreign policy purposes give special emphasis to the
      need to control exports of goods and substances hazardous to the
      public health and the environment which are banned or severely
      restricted for use in the United States, and which, if exported,
      could affect the international reputation of the United States as
      a responsible trading partner.
        (11) Availability to controlled countries of goods and
      technology from foreign sources is a fundamental concern of the
      United States and should be eliminated through negotiations and
      other appropriate means whenever possible.
        (12) Excessive dependence of the United States, its allies, or
      countries sharing common strategic objectives with the United
      States, on energy and other critical resources from potential
      adversaries can be harmful to the mutual and individual security
      of all those countries.

-SOURCE-
    (Pub. L. 96-72, Sec. 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99-
    64, title I, Sec. 102, July 12, 1985, 99 Stat. 120; Pub. L. 103-
    199, title II, Sec. 201(a), Dec. 17, 1993, 107 Stat. 2320.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2401, Pub. L. 91-184, Sec. 2, Dec. 30, 1969, 83
    Stat. 841; Pub. L. 92-412, title I, Sec. 102, Aug. 29, 1972, 86
    Stat. 644; Pub. L. 93-500, Sec. 4(a), Oct. 29, 1974, 88 Stat. 1553,
    setting forth findings of Congress with respect to the Export
    Administration Act of 1969, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1993 - Pars. (11) to (13). Pub. L. 103-199 redesignated pars.
    (12) and (13) as (11) and (12), respectively, and struck out former
    par. (11) which read as follows: "The acquisition of national
    security sensitive goods and technology by the Soviet Union and
    other countries the actions or policies of which run counter to the
    national security interests of the United States, has led to the
    significant enhancement of Soviet bloc military-industrial
    capabilities. This enhancement poses a threat to the security of
    the United States, its allies, and other friendly nations, and
    places additional demands on the defense budget of the United
    States."
      1985 - Par. (2). Pub. L. 99-64, Sec. 102(1), substituted "by
    earning foreign exchange, thereby contributing favorably to the
    trade balance" for "by strengthening the trade balance and the
    value of the United States dollar, thereby reducing inflation".
      Par. (3). Pub. L. 99-64, Sec. 102(2), substituted "consistent
    with the economic, security, and foreign policy objectives of the
    United States" for "which would strengthen the Nation's economy".
      Par. (6). Pub. L. 99-64, Sec. 102(3), amended par. (6) generally,
    substituting "inhibit the efforts of United States business and
    work" for "curtail the efforts of American business".
      Par. (9). Pub. L. 99-64, Sec. 102(4), substituted "a positive
    contribution to the balance of payments" for "achievement of a
    positive balance of payments".
      Pars. (10) to (13). Pub. L. 99-64, Sec. 102(5), added pars. (10)
    to (13).

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-418, title II, Sec. 2441, Aug. 23, 1988, 102 Stat.
    1364, provided that: "This part [part II (Secs. 2441-2447) of
    subtitle D of title II of Pub. L. 100-418, enacting section 2410a
    of this Appendix, amending sections 2404 and 2413 of this Appendix
    and section 1864 of Title 19, Customs Duties, and enacting
    provisions set out as notes under section 2410a of this Appendix]
    may be cited as the 'Multilateral Export Control Enhancement
    Amendments Act'."

                       SHORT TITLE OF 1985 AMENDMENT                   
      Section 1 of Pub. L. 99-64 provided that: "Titles I and II of
    this Act [enacting sections 4051 to 4053 of Title 15, Commerce and
    Trade, section 1864 of Title 19, Customs Duties, and section 466c
    of Title 46, Appendix, Shipping, amending this section and sections
    2402, 2403, 2404 to 2406, 2409 to 2411, 2412 to 2417, and 2419 of
    this Appendix, sections 5314 and 5315 of Title 5, Government
    Organization and Employees, sections 2304 and 2778 of Title 22,
    Foreign Relations and Intercourse, and section 185 of Title 30,
    Mineral Lands and Mining, and enacting provisions set out as notes
    under sections 2404, 2405, and 2414 of this Appendix and section
    5314 of Title 5] may be cited as the 'Export Administration
    Amendments Act of 1985'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-145, Sec. 1, Dec. 29, 1981, 95 Stat. 1727, provided:
    "That this Act [amending sections 2405, 2410, 2411, and 2417 of
    this Appendix and enacting provisions set out as notes under
    sections 2405, 2410, and 2417 of this Appendix] may be cited as the
    'Export Administration Amendments Act of 1981'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-72 provided that: "This Act [enacting
    this section and sections 2402 to 2420 of this Appendix, amending
    section 1732 of Title 7, Agriculture, sections 2778 and 3108 of
    Title 22, Foreign Relations and Intercourse, section 993 of Title
    26, Internal Revenue Code, and sections 6212 and 6274 of Title 42,
    The Public Health and Welfare, and enacting provisions set out as
    notes under sections 2406 and 2409 of this Appendix and section
    3108 of Title 22] may be cited as the 'Export Administration Act of
    1979'."


-EXEC-
                         EXECUTIVE ORDER NO. 11753                     
      Ex. Ord. No. 11753, Dec. 20, 1973, 38 F.R. 34983, which
    established the President's Export Council, was revoked by section
    1-402 of Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26842, set out
    below.

              EX. ORD. NO. 12131. PRESIDENT'S EXPORT COUNCIL          
      Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as amended by Ex.
    Ord. No. 12551, Feb. 21, 1986, 21 F.R. 6509; Ex. Ord. No. 12991,
    Mar. 6, 1996, 61 F.R. 9587; Ex. Ord. No. 13138, Sec. 5, Sept. 30,
    1999, 64 F.R. 53880; Ex. Ord. No. 13316, Sec. 5, Sept. 17, 2003, 68
    F.R. 55256, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, and in order to
    expand the membership of the President's Export Council, in accord
    with the provisions of the Federal Advisory Committee Act (5 U.S.C.
    App.), it is hereby ordered as follows:


-MISC2-
                     1-1. ESTABLISHMENT AND MEMBERSHIP                 
      1-101. There is established the President's Export Council.
      1-102. The membership of the Council shall be as follows:
      (a) The heads of the following executive agencies or their
    representatives:
      (1) Department of State.
      (2) Department of the Treasury.
      (3) Department of Agriculture.
      (4) Department of Commerce.
      (5) Department of Labor.
      (6) Department of Energy.
      (7) Department of Homeland Security.
      (8) Office of the United States Trade Representative.
      (9) Export-Import Bank of the United States.
      (10) Small Business Administration.
      (b) Five members of the United States Senate, designated by the
    President of the Senate, and five members of the United States
    House of Representatives, designated by the Speaker of the House,
    to serve for a two-year term.
      (c) Not to exceed 28 citizens appointed by the President. These
    individuals shall be selected from those who are not full,time
    Federal officers or employees. They shall include representatives
    of business and industry, agriculture, and labor.
      1-103. The President shall designate a Chairman and a Vice
    Chairman from among the members appointed by the President.
      1-104. The Secretary of Commerce, with the concurrence of the
    Chairman, shall appoint an Executive Director.

                              1-2. FUNCTIONS                          
      1-201. The Council shall serve as a national advisory body on
    matters relating to United States export trade, including advice on
    the implementation of the President's National Export Policy, which
    was announced on September 26, 1978. It shall, through the
    Secretary of Commerce, report to the President on its activities
    and on its recommendations for expanding United States exports.
      1-202. The Council should survey and evaluate the export
    expansion activities of the communities represented by the
    membership. It should identify and examine specific problems which
    business, industrial, and agricultural practices may cause for
    export trade, and examine the needs of business, industry, and
    agriculture to expand their efforts. The Council should recommend
    specific solutions to these problems and needs.
      1-203. The Council may act as liaison among the communities
    represented by the membership; and, may provide a forum for those
    communities on current and emerging problems and issues in the
    field of export expansion. The Council should encourage the
    business, industrial, and agricultural communities to enter new
    foreign markets and to expand existing export programs.
      1-204. The Council shall provide advice on Federal plans and
    actions that affect export expansion policies which have an impact
    on those communities represented by the membership.
      1-205. The Council may establish, with the concurrence of the
    Secretary of Commerce, an executive committee and such other
    subordinate committees it considers necessary for the performance
    of its functions. The Chairman of a subordinate committee shall be
    designated, with the concurrence of the Secretary of Commerce, by
    the Chairman of the Council from among the membership of the
    Council. Members of subordinate committees shall be appointed by
    the Secretary of Commerce.

                      1-3. ADMINISTRATIVE PROVISIONS                  
      1-301. The Secretary of Commerce shall, to the extent permitted
    by law, provide the Council, including its executive and
    subordinate committees, with administrative and staff services,
    support and facilities as may be necessary for the effective
    performance of its functions.
      1-302. Each member of the Council, including its executive and
    subordinate committees, who is not otherwise paid a salary by the
    Federal Government, shall receive no compensation from the United
    States by virtue of their service on the Council, but all members
    may receive the transportation and travel expenses, including per
    diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and
    5703).

                          1-4. GENERAL PROVISIONS                      
      1-401. Notwithstanding the provisions of any other Executive
    order, the functions of the President under the Federal Advisory
    Committee Act (5 U.S.C. App.), except that of reporting annually to
    the Congress, which are applicable to the Council, shall be
    performed by the Secretary of Commerce in accordance with
    guidelines and procedures established by the Administrator of
    General Services.
      1-402. Executive Order No. 11753 is revoked; however, nothing in
    this Order shall be deemed to require new charters for the Council,
    including its executive and subordinate committees, which were
    current immediately prior to the issuance of this Order.
      1-403. The Council shall terminate on December 31, 1980, unless
    sooner extended.


-EXEC-
              EXTENSION OF TERM OF PRESIDENT'S EXPORT COUNCIL          
      Term of the President's Export Council extended until Dec. 31,
    1982, see section 1-101(l) of Ex. Ord. No. 12258, Dec. 31, 1980, 46
    F.R. 1251, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5,
    Government Organization and Employees.
      Term of the President's Export Council extended until Sept. 30,
    1984, see Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly
    set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1985, see Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1987, see Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1989, see Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1991, see Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1993, see Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1995, see Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1997, see Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    1999, see Ex. Ord. No. 13062, Sec. 1(m), Sept. 29, 1997, 62 F.R.
    51755, formerly set out as a note under section 14 of the Federal
    Advisory Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    2001, see Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    2003, see Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    2005, see Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255,
    formerly set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5.
      Term of the President's Export Council extended until Sept. 30,
    2007, see Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, set
    out as a note under section 14 of the Federal Advisory Committee
    Act in the Appendix to Title 5.

-End-



-CITE-
    50 USC APPENDIX Sec. 2402                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2402. Congressional declaration of policy

-STATUTE-
      The Congress makes the following declarations:
        (1) It is the policy of the United States to minimize
      uncertainties in export control policy and to encourage trade
      with all countries with which the United States has diplomatic or
      trading relations, except those countries with which such trade
      has been determined by the President to be against the national
      interest.
        (2) It is the policy of the United States to use export
      controls only after full consideration of the impact on the
      economy of the United States and only to the extent necessary - 
          (A) to restrict the export of goods and technology which
        would make a significant contribution to the military potential
        of any other country or combination of countries which would
        prove detrimental to the national security of the United
        States;
          (B) to restrict the export of goods and technology where
        necessary to further significantly the foreign policy of the
        United States or to fulfill its declared international
        obligations; and
          (C) to restrict the export of goods where necessary to
        protect the domestic economy from the excessive drain of scarce
        materials and to reduce the serious inflationary impact of
        foreign demand.

        (3) It is the policy of the United States (A) to apply any
      necessary controls to the maximum extent possible in cooperation
      with all nations, and (B) to encourage observance of a uniform
      export control policy by all nations with which the United States
      has defense treaty commitments or common strategic objectives.
        (4) It is the policy of the United States to use its economic
      resources and trade potential to further the sound growth and
      stability of its economy as well as to further its national
      security and foreign policy objectives.
        (5) It is the policy of the United States - 
          (A) to oppose restrictive trade practices or boycotts
        fostered or imposed by foreign countries against other
        countries friendly to the United States or against any United
        States person;
          (B) to encourage and, in specified cases, require United
        States persons engaged in the export of goods or technology or
        other information to refuse to take actions, including
        furnishing information or entering into or implementing
        agreements, which have the effect of furthering or supporting
        the restrictive trade practices or boycotts fostered or imposed
        by any foreign country against a country friendly to the United
        States or against any United States person; and
          (C) to foster international cooperation and the development
        of international rules and institutions to assure reasonable
        access to world supplies.

        (6) It is the policy of the United States that the desirability
      of subjecting, or continuing to subject, particular goods or
      technology or other information to United States export controls
      should be subjected to review by and consultation with
      representatives of appropriate United States Government agencies
      and private industry.
        (7) It is the policy of the United States to use export
      controls, including license fees, to secure the removal by
      foreign countries of restrictions on access to supplies where
      such restrictions have or may have a serious domestic
      inflationary impact, have caused or may cause a serious domestic
      shortage, or have been imposed for purposes of influencing the
      foreign policy of the United States. In effecting this policy,
      the President shall make reasonable and prompt efforts to secure
      the removal or reduction of such restrictions, policies, or
      actions through international cooperation and agreement before
      imposing export controls. No action taken in fulfillment of the
      policy set forth in this paragraph shall apply to the export of
      medicine or medical supplies.
        (8) It is the policy of the United States to use export
      controls to encourage other countries to take immediate steps to
      prevent the use of their territories or resources to aid,
      encourage, or give sanctuary to those persons involved in
      directing, supporting, or participating in acts of international
      terrorism. To achieve this objective, the President shall make
      reasonable and prompt efforts to secure the removal or reduction
      of such assistance to international terrorists through
      international cooperation and agreement before imposing export
      controls.
        (9) It is the policy of the United States to cooperate with
      other countries with which the United States has defense treaty
      commitments or common strategic objectives in restricting the
      export of goods and technology which would make a significant
      contribution to the military potential of any country or
      combination of countries which would prove detrimental to the
      security of the United States and of those countries with which
      the United States has defense treaty commitments or common
      strategic objectives, and to encourage other friendly countries
      to cooperate in restricting the sale of goods and technology that
      can harm the security of the United States.
        (10) It is the policy of the United States that export trade by
      United States citizens be given a high priority and not be
      controlled except when such controls (A) are necessary to further
      fundamental national security, foreign policy, or short supply
      objectives, (B) will clearly further such objectives, and (C) are
      administered consistent with basic standards of due process.
        (11) It is the policy of the United States to minimize
      restrictions on the export of agricultural commodities and
      products.
        (12) It is the policy of the United States to sustain vigorous
      scientific enterprise. To do so involves sustaining the ability
      of scientists and other scholars freely to communicate research
      findings, in accordance with applicable provisions of law, by
      means of publication, teaching, conferences, and other forms of
      scholarly exchange.
        (13) It is the policy of the United States to control the
      export of goods and substances banned or severely restricted for
      use in the United States in order to foster public health and
      safety and to prevent injury to the foreign policy of the United
      States as well as to the credibility of the United States as a
      responsible trading partner.
        (14) It is the policy of the United States to cooperate with
      countries which are allies of the United States and countries
      which share common strategic objectives with the United States in
      minimizing dependence on imports of energy and other critical
      resources from potential adversaries and in developing
      alternative supplies of such resources in order to minimize
      strategic threats posed by excessive hard currency earnings
      derived from such resource exports by countries with policies
      adverse to the security interests of the United States.

-SOURCE-
    (Pub. L. 96-72, Sec. 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99-
    64, title I, Sec. 103, July 12, 1985, 99 Stat. 121; Pub. L. 103-
    199, title II, Sec. 201(b)(2), Dec. 17, 1993, 107 Stat. 2321.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2402, Pub. L. 91-184, Sec. 3, Dec. 30, 1969, 83
    Stat. 841; Pub. L. 92-412, title I, Sec. 103, Aug. 29, 1972, 86
    Stat. 644; Pub. L. 93-500, Secs. 2, 4(b), (c), 11, Oct. 29, 1974,
    88 Stat. 1552, 1553, 1556; Pub. L. 95-52, title I, Sec. 115, title
    II, Sec. 202, June 22, 1977, 91 Stat. 241, 247, setting forth
    declaration of policy of Congress with respect to the Export
    Administration Act of 1969, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1993 - Par. (15). Pub. L. 103-199 struck out par. (15) which read
    as follows: "It is the policy of the United States, particularly in
    light of the Soviet massacre of innocent men, women, and children
    aboard Korean Air Lines flight 7, to continue to object to
    exceptions to the International Control List for the Union of
    Soviet Socialist Republics, subject to periodic review by the
    President."
      1985 - Par. (3). Pub. L. 99-64, Sec. 103(1), inserted "or common
    strategic objectives" after "defense treaty commitments".
      Par. (7). Pub. L. 99-64, Sec. 103(2), substituted "the President
    shall make reasonable and prompt efforts" for "the President shall
    make every reasonable effort", and "imposing export controls" for
    "resorting to the imposition of controls on exports from the United
    States".
      Par. (8). Pub. L. 99-64, Sec. 103(3), substituted "the President
    shall make reasonable and prompt efforts" for "the President shall
    make every reasonable effort", and "imposing export controls" for
    "resorting to the imposition of export controls".
      Par. (9). Pub. L. 99-64, Sec. 103(4), inserted "or common
    strategic objectives" after "commitments" in two places, and
    inserted ", and to encourage other friendly countries to cooperate
    in restricting the sale of goods and technology that can harm the
    security of the United States".
      Pars. (12) to (15). Pub. L. 99-64, Sec. 103(5), added pars. (12)
    to (15).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix.


-MISC2-
                           POLICY REGARDING KAL                       
      Section 201(b)(1) of Pub. L. 103-199 provided that: "The Congress
    finds that - 
        "(A) President Yeltsin should be commended for meeting
      personally with representatives of the families of the victims of
      the shootdown of Korean Airlines (KAL) Flight 7;
        "(B) President Yeltsin's Government has met on two separate
      occasions with United States Government and family members to
      answer questions associated with the shootdown and has arranged
      for the families to interview Russians involved in the incident
      or the search and rescue operations that followed;
        "(C) President Yeltsin's Government has also cooperated fully
      with the International Civil Aviation Organization (ICAO) to
      allow it to complete its investigation of the incident and has
      provided numerous materials requested by the ICAO, including
      radar data and so-called 'black boxes', the digital flight data
      and cockpit voice recorders from the flight;
        "(D) the Export Administration Act of 1979 [sections 2401 to
      2420 of this Appendix] continues to state that the United States
      should continue to object to exceptions to the International
      Control List for the Union of Soviet Socialist Republics in light
      of the KAL tragedy, even though the 'no exceptions' policy was
      rescinded by President Bush in 1990;
        "(E) the Government of the United States is seeking
      compensation from the Russian Government on behalf of the
      families of the KAL victims, and the Congress expects the
      Administration to continue to pursue issues related to the
      shootdown, including that of compensation, with officials at the
      highest level of the Russian Government; and
        "(F) in view of the cooperation provided by President Yeltsin
      and his government regarding the KAL incident and these other
      developments, it is appropriate to remove such language from the
      Export Administration Act of 1979."

                   POLICY ON MISSILE TECHNOLOGY CONTROL               
      Pub. L. 101-510, div. A, title XVII, Sec. 1701, Nov. 5, 1990, 104
    Stat. 1738, provided that: "It should be the policy of the United
    States to take all appropriate measures - 
        "(1) to discourage the proliferation, development, and
      production of the weapons, material, and technology necessary to
      produce or acquire missiles that can deliver weapons of mass
      destruction;
        "(2) to discourage countries and private persons in other
      countries from aiding and abetting any states from acquiring such
      weapons, material, and technology;
        "(3) to strengthen United States and existing multilateral
      export controls to prohibit the flow of materials, equipment, and
      technology that would assist countries in acquiring the ability
      to produce or acquire missiles that can deliver weapons of mass
      destruction, including missiles, warheads and weaponization
      technology, targeting technology, test and evaluation technology,
      and range and weapons effect measurement technology; and
        "(4) with respect to the Missile Technology Control Regime
      ('MTCR') and its participating governments - 
          "(A) to improve enforcement and seek a common and stricter
        interpretation among MTCR members of MTCR principles;
          "(B) to increase the number of countries that adhere to the
        MTCR; and
          "(C) to increase information sharing among United States
        agencies and among governments on missile technology transfer,
        including export licensing, and enforcement activities."

-End-



-CITE-
    50 USC APPENDIX Sec. 2403                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2403. General provisions

-STATUTE-
    (a) Types of licenses
      Under such conditions as may be imposed by the Secretary which
    are consistent with the provisions of this Act [sections 2401 to
    2420 of this Appendix], the Secretary may require any of the
    following types of export licenses:
        (1) A validated license, authorizing a specific export, issued
      pursuant to an application by the exporter.
        (2) Validated licenses authorizing multiple exports, issued
      pursuant to an application by the exporter, in lieu of an
      individual validated license for each such export, including, but
      not limited to, the following:
          (A) A distribution license, authorizing exports of goods to
        approved distributors or users of the goods in countries other
        than controlled countries, except that the Secretary may
        establish a type of distribution license appropriate for
        consignees in the People's Republic of China. The Secretary
        shall grant the distribution license primarily on the basis of
        the reliability of the applicant and foreign consignees with
        respect to the prevention of diversion of goods to controlled
        countries. The Secretary shall have the responsibility of
        determining, with the assistance of all appropriate agencies,
        the reliability of applicants and their immediate consignees.
        The Secretary's determination shall be based on appropriate
        investigations of each applicant and periodic reviews of
        licensees and their compliance with the terms of licenses
        issued under this Act [sections 2401 to 2420 of this Appendix].
        Factors such as the applicant's products or volume of business,
        or the consignees' geographic location, sales distribution
        area, or degree of foreign ownership, which may be relevant
        with respect to individual cases, shall not be determinative in
        creating categories or general criteria for the denial of
        applications or withdrawal of a distribution license.
          (B) A comprehensive operations license, authorizing exports
        and reexports of technology and related goods, including items
        from the list of militarily critical technologies developed
        pursuant to section 5(d) of this Act [section 2404(d) of this
        Appendix] which are included on the control list in accordance
        with that section, from a domestic concern to and among its
        foreign subsidiaries, affiliates, joint venturers, and
        licensees that have long-term, contractually defined relations
        with the exporter, are located in countries other than
        controlled countries (except the People's Republic of China),
        and are approved by the Secretary. The Secretary shall grant
        the license to manufacturing, laboratory, or related operations
        on the basis of approval of the exporter's systems of control,
        including internal proprietary controls, applicable to the
        technology and related goods to be exported rather than
        approval of individual export transactions. The Secretary and
        the Commissioner of Customs, consistent with their authorities
        under section 12(a) of this Act [section 2411(a) of this
        Appendix] and with the assistance of all appropriate agencies,
        shall periodically, but not less frequently than annually,
        perform audits of licensing procedures under this subparagraph
        in order to assure the integrity and effectiveness of those
        procedures.
          (C) A project license, authorizing exports of goods or
        technology for a specified activity.
          (D) A service supply license, authorizing exports of spare or
        replacement parts for goods previously exported.

        (3) A general license, authorizing exports, without application
      by the exporter.
        (4) Such other licenses as may assist in the effective and
      efficient implementation of this Act [sections 2401 to 2420 of
      this Appendix].
    (b) Control list
      The Secretary shall establish and maintain a list (hereinafter in
    this Act [sections 2401 to 2420 of this Appendix] referred to as
    the "control list") stating license requirements (other than for
    general licenses) for exports of goods and technology under this
    Act [sections 2401 to 2420 of this Appendix].
    (c) Foreign availability
      In accordance with the provisions of this Act [sections 2401 to
    2420 of this Appendix], the President shall not impose export
    controls for foreign policy or national security purposes on the
    export from the United States of goods or technology which he
    determines are available without restriction from sources outside
    the United States in sufficient quantities and comparable in
    quality to those produced in the United States so as to render the
    controls ineffective in achieving their purposes, unless the
    President determines that adequate evidence has been presented to
    him demonstrating that the absence of such controls would prove
    detrimental to the foreign policy or national security of the
    United States. In complying with the provisions of this subsection,
    the President shall give strong emphasis to bilateral or
    multilateral negotiations to eliminate foreign availability. The
    Secretary and the Secretary of Defense shall cooperate in gathering
    information relating to foreign availability, including the
    establishment and maintenance of a jointly operated computer
    system.
    (d) Right of export
      No authority or permission to export may be required under this
    Act [sections 2401 to 2420 of this Appendix], or under regulations
    issued under this Act [sections 2401 to 2420 of this Appendix],
    except to carry out the policies set forth in section 3 of this Act
    [section 2402 of this Appendix].
    (e) Delegation of authority
      The President may delegate the power, authority, and discretion
    conferred upon him by this Act [sections 2401 to 2420 of this
    Appendix] to such departments, agencies, or officials of the
    Government as he may consider appropriate, except that no authority
    under this Act [sections 2401 to 2420 of this Appendix] may be
    delegated to, or exercised by, any official of any department or
    agency the head of which is not appointed by the President, by and
    with the advice and consent of the Senate. The President may not
    delegate or transfer his power, authority, and discretion to
    overrule or modify any recommendation or decision made by the
    Secretary, the Secretary of Defense, or the Secretary of State
    pursuant to the provisions of this Act [sections 2401 to 2420 of
    this Appendix].
    (f) Notification of public; consultation with business
      The Secretary shall keep the public fully apprised of changes in
    export control policy and procedures instituted in conformity with
    this Act [sections 2401 to 2420 of this Appendix] with a view to
    encouraging trade. The Secretary shall meet regularly with
    representatives of a broad spectrum of enterprises, labor
    organizations, and citizens interested in or affected by export
    controls, in order to obtain their views on United States export
    control policy and the foreign availability of goods and
    technology.
    (g) Fees
      No fee may be charged in connection with the submission or
    processing of an export license application.

-SOURCE-
    (Pub. L. 96-72, Sec. 4, Sept. 29, 1979, 93 Stat. 505; Pub. L. 99-
    64, title I, Sec. 104, July 12, 1985, 99 Stat. 122; Pub. L. 100-
    418, title II, Secs. 2411, 2412, Aug. 23, 1988, 102 Stat. 1347.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 96-72, Sept. 29, 1979,
    93 Stat. 503, as amended, known as the Export Administration Act of
    1979, which enacted sections 2401 to 2420 of this Appendix, amended
    section 1732 of Title 7, Agriculture, sections 2778 and 3108 of
    Title 22, Foreign Relations and Intercourse, section 993 of Title
    26, Internal Revenue Code, and sections 6212 and 6274 of Title 42,
    The Public Health and Welfare, and enacted provisions set out as
    notes under sections 2401, 2406, and 2409 of this Appendix and
    section 3108 of Title 22. For complete classification of this Act
    to the Code, see Short Title note set out under section 2401 of
    this Appendix and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2403, Pub. L. 91-184, Sec. 4, Dec. 30, 1969, 83
    Stat. 842; Pub. L. 92-412, title I, Sec. 104(a), (b)(1), Aug. 29,
    1972, 86 Stat. 644, 645; Pub. L. 93-500, Secs. 3(a), 5(a), 7, 9,
    10, 12, Oct. 29, 1974, 88 Stat. 1552-1557; Pub. L. 95-52, title I,
    Secs. 103(a), (b)(1)-(3), (c), 104-110, 113(b), title II, Sec.
    201(b), June 22, 1977, 91 Stat. 235-239, 241, 246; Pub. L. 95-223,
    title III, Sec. 301(a), (b)(1), Dec. 28, 1977, 91 Stat. 1629; Pub.
    L. 95-384. Sec. 6(d)(2), Sept. 26, 1978, 92 Stat. 731; Pub. L. 95-
    435, Sec. 5(d), Oct. 10, 1978, 92 Stat. 1052; Pub. L. 96-67, Sec.
    2, Sept. 21, 1979, 93 Stat. 415, setting forth provisions relating
    to authorities to effectuate policies and limitations on exercise
    of authorities, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (a)(2)(A). Pub. L. 100-418, Sec. 2412(1), inserted
    exception authorizing the Secretary to establish a type of
    distribution license appropriate to consignees in the People's
    Republic of China.
      Subsec. (a)(2)(B). Pub. L. 100-418, Sec. 2412(2), inserted
    "(except the People's Republic of China)" after "controlled
    countries".
      Subsec. (g). Pub. L. 100-418, Sec. 2411, added subsec. (g).
      1985 - Subsec. (a)(2). Pub. L. 99-64, Sec. 104(a), amended par.
    (2) generally, substituting provisions relating to validated
    licenses authorizing multiple exports including, but not limited
    to, distribution licenses, comprehensive operations licenses,
    project licenses, and service supply licenses, for former
    provisions which read: "A qualified general license, authorizing
    multiple exports, issued pursuant to an application by the
    exporter."
      Subsec. (b). Pub. L. 99-64, Sec. 104(b), substituted "Control
    list" for "Commodity control list" in heading and, in text,
    substituted "control list" for "commodity control list" and
    "stating license requirements (other than for general licenses) for
    exports of goods and technology under this Act" for "consisting of
    any goods or technology subject to export controls under this Act".
      Subsec. (c). Pub. L. 99-64, Sec. 104(c), substituted "sufficient"
    for "significant", inserted "so as to render the controls
    ineffective in achieving their purposes", and inserted provisions
    directing that, in complying with the provisions of this
    subsection, the President shall give strong emphasis to bilateral
    or multilateral negotiations to eliminate foreign availability, and
    that the Secretary and the Secretary of Defense shall cooperate in
    gathering information relating to foreign availability, including
    the establishment and maintenance of a jointly operated computer
    system.
      Subsec. (f). Pub. L. 99-64, Sec. 104(d), amended subsec. (f)
    generally, substituting "representatives of a broad spectrum of
    enterprises, labor organizations, and citizens interested in or
    affected by export controls, in order to obtain their views on
    United States export control policy and the foreign availability of
    goods and technology" for "representatives of the business sector
    in order to obtain their views on export control policy and the
    foreign availability of goods and technology".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(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.


-EXEC-
                         EXECUTIVE ORDER NO. 11533                     
      Ex. Ord. No. 11533, June 4, 1970, 35 F.R. 8799, as amended by Ex.
    Ord. No. 11907, Mar. 1, 1976, 41 F.R. 9085, which provided for the
    administration of the Export Administration Act of 1969, was
    revoked by Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, set out
    below.

                         EXECUTIVE ORDER NO. 11677                     
      Ex. Ord. No. 11677, Aug. 1, 1972, 37 F.R. 15483, formerly set out
    as a note under this section, which provided for the regulation of
    exports, was revoked by Ex. Ord. No. 11683, Aug. 29, 1972, 37 F.R.
    17813.

                         EXECUTIVE ORDER NO. 11683                     
      Ex. Ord. No. 11683, Aug. 29, 1972, 37 F.R. 17813, which revoked
    Ex. Ord. No. 11677, was revoked by Ex. Ord. No. 12002, July 7,
    1977, 42 F.R. 35623, set out below.

                         EXECUTIVE ORDER NO. 11798                     
      Ex. Ord. No. 11798, Aug. 14, 1974, 39 F.R. 29567, which provided
    for the continuing regulation of exports, was revoked by Ex. Ord.
    No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

                         EXECUTIVE ORDER NO. 11818                     
      Ex. Ord. No. 11818, Nov. 5, 1974, 39 F.R. 39429, which provided
    for the continuing regulation of exports, was revoked by Ex. Ord.
    No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

                         EXECUTIVE ORDER NO. 11940                     
      Ex. Ord. No. 11940, Sept. 30, 1976, 41 F.R. 43707, which provided
    for the continuing regulation of exports, was revoked by Ex. Ord.
    No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

      EX. ORD. NO. 12002. ADMINISTRATION OF EXPORT ADMINISTRATION ACT  
      Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, as amended by
    Ex. Ord. No. 12755, Mar. 12, 1991, 56 F.R. 11057; Ex. Ord. No.
    13286, Sec. 54, Feb. 28, 2003, 68 F.R. 10629, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, including the Export
    Administration Act of 1969, as amended (50 U.S.C. App. 2401, et
    seq.), and as President of the United States of America, it is
    hereby ordered as follows:
      Section 1. Except as provided in Section 2, the power, authority,
    and discretion conferred upon the President by the provisions of
    the Export Administration Act of 1969, as amended (50 U.S.C. App.
    2401, et seq.), hereinafter referred to as the Act, are delegated
    to the Secretary of Commerce, with the power of successive
    redelegation.
      Sec. 2. (a) The power, authority and discretion conferred upon
    the President in Sections 4(h) and 4(l) of the Act are retained by
    the President.
      (b) The power, authority and discretion conferred upon the
    President in Section 3(8) of the Act [section 2402(8) of this
    Appendix], which directs that every reasonable effort be made to
    secure the removal or reduction of assistance by foreign countries
    to international terrorists through cooperation and agreement, are
    delegated to the Secretary of State, with the power of successive
    redelegation.
      Sec. 3. The Export Administration Review Board, hereinafter
    referred to as the Board, which was established by Executive Order
    No. 11533 of June 4, 1970, as amended, is hereby continued. The
    Board shall continue to have as its members, the Secretary of
    Commerce, who shall be Chairman of the Board, the Secretary of
    State, and the Secretary of Defense. The Secretary of Energy, the
    Secretary of Homeland Security, and the Director of the United
    States Arms Control and Disarmament Agency shall be members of the
    Board, and shall participate in meetings that consider issues
    involving nonproliferation of armaments and other issues within
    their respective statutory and policy-making authorities. The
    Chairman of the Joint Chiefs of Staff and the Director of Central
    Intelligence shall be non-voting members of the Board. No alternate
    Board members shall be designated, but the acting head or deputy
    head of any department or agency may serve in lieu of the head of
    the concerned department or agency. The Board may invite the heads
    of other United States Government departments or agencies, other
    than the agencies represented by the Board members, to participate
    in the activities of the Board when matters of interest to such
    departments or agencies are under consideration.
      Sec. 4. The Secretary of Commerce may from time to time refer to
    the Board such particular export license matters, involving
    questions of national security or other major policy issues, as the
    Secretary shall select. The Secretary of Commerce shall also refer
    to the Board any other such export license matter, upon the request
    of any other member of the Board or of the head of any other United
    States Government department or agency having any interest in such
    matter. The Board shall consider the matters so referred to it,
    giving due consideration to the foreign policy of the United
    States, the national security, concerns about the nonproliferation
    of armaments, and the domestic economy, and shall make
    recommendation thereon to the Secretary of Commerce.
      Sec. 5. The President may at any time (a) prescribe rules and
    regulations applicable to the power, authority, and discretion
    referred to in this Order, and (b) communicate to the Secretary of
    Commerce such specific directives applicable thereto as the
    President shall determine. The Secretary of Commerce shall from
    time to time report to the President upon the administration of the
    Act and, as the Secretary deems necessary, may refer to the
    President recommendations made by the Board under Section 4 of this
    Order. Neither the provisions of this section nor those of Section
    4 shall be construed as limiting the provisions of Section 1 of
    this Order.
      Sec. 6. All delegations, rules, regulations, orders, licenses,
    and other forms of administrative action made, issued, or otherwise
    taken under, or continued in existence by, the Executive orders
    revoked in Section 7 of this Order, and not revoked
    administratively or legislatively, shall remain in full force and
    effect under this Order until amended, modified, or terminated by
    proper authority. The revocations in Section 7 of this Order shall
    not affect any violation of any rules, regulations, orders,
    licenses or other forms of administrative action under those Orders
    during the period those Orders were in effect.
      Sec. 7. Executive Order No. 11533 of June 4, 1970, Executive
    Order No. 11683 of August 29, 1972, Executive Order No. 11798 of
    August 14, 1974, Executive Order No. 11818 of November 5, 1974,
    Executive Order No. 11907 of March 1, 1976, and Executive Order No.
    11940 of September 30, 1976 are hereby revoked.
      [For abolition, transfer of functions, and treatment of
    references to United States Arms Control and Disarmament Agency,
    see section 6511 et seq. of Title 22, Foreign Relations and
    Intercourse.]

      EX. ORD. NO. 12214. ADMINISTRATION OF EXPORT ADMINISTRATION ACT  
      Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, provided:
      By the authority vested in me as President of the United States
    of America by Section 4(e) of the Export Administration Act of 1979
    (Public Law 96-72; 50 U.S.C. App. 2403(e)), it is hereby ordered as
    follows:
      1-101. Except as provided in Section 1-102, the functions
    conferred upon the President by the provisions of the Export
    Administration Act of 1979, hereinafter referred to as the Act
    (Public Law 96-72; 50 U.S.C. App. 2401 et seq.), are delegated to
    the Secretary of Commerce.
      1-102. (a) The functions conferred upon the President by Sections
    4(e), 5(c), 5(f)(1), 5(h)(6), 6(k), 7(d)(2), 10(g) and 20 of the
    Act [50 U.S.C. App. 2403(e), 2404(c), 2404(f)(1), 2404(h)(6),
    2405(k), 2406(d)(2), 2409(g) and 2419] are reserved to the
    President.
      (b) The functions conferred upon the President by Sections
    5(f)(4), 5(i), and 6(g) of the Act [50 U.S.C. App. 2404(f)(4),
    2404(i), and 2405(g)] are delegated to the Secretary of State.
      1-103. All delegations, rules, regulations, orders, licenses, and
    other forms of administrative action made, issued or otherwise
    taken under, or continued in existence by, Section 21 of the Act
    [50 U.S.C. App. 2420] or Executive Order No. 12002 [set out above],
    and not revoked administratively or legislatively, shall remain in
    full force and effect until amended, modified, or terminated by
    proper authority. This Order does not supersede or otherwise affect
    Executive Order No. 12002.
      1-104. Except to the extent inconsistent with this Order, all
    actions previously taken pursuant to any function delegated or
    assigned by this Order shall be deemed to have been taken and
    authorized by this Order.
                                                           Jimmy Carter.

                         EXECUTIVE ORDER NO. 12264                     
      Ex. Ord. No. 12264, Jan. 15, 1981, 46 F.R. 4659, which related to
    the Federal policy regarding the export of banned or significantly
    restricted substances, was revoked by Ex. Ord. No. 12290, Feb. 17,
    1981, 46 F.R. 12943, set out below.

      EX. ORD. NO. 12290. IMPLEMENTATION OF EXPORT ADMINISTRATION ACT
                      WITH MINIMUM REGULATORY BURDEN
      Ex. Ord. No. 12290, Feb. 17, 1981, 46 F.R. 12943, provided:
      By the authority vested in me as President by the Constitution of
    the United States of America, and in order to ensure that the
    Export Administration Act of 1979 [sections 2401 to 2420 of this
    Appendix] is implemented with the minimum regulatory burden,
    Executive Order No. 12264 of January 15, 1981, entitled "On Federal
    Policy Regarding the Export of Banned or Significantly Restricted
    Substances," is hereby revoked.
                                                          Ronald Reagan.

                CONTINUATION OF EXPORT CONTROL REGULATIONS            
      Provisions relating to continued effectiveness of the Export
    Administration Act of 1979, 50 App. U.S.C. 2401 et seq., and to
    issuance and continued effectiveness of rules, regulations, orders,
    licenses, and other forms of administrative action and delegations
    of authority relating to administration of that Act, were contained
    in the following:
      Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, set out as a
    note under section 1701 of Title 50, War and National Defense.
      Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
      Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
      Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
      Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
      Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

           EX. ORD. NO. 12981. ADMINISTRATION OF EXPORT CONTROLS       
      Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, as amended by
    Ex. Ord. No. 13020, Oct. 12, 1996, 61 F.R. 54079; Ex. Ord. No.
    13026, Sec. 1(b), Nov. 15, 1996, 61 F.R. 58767; Ex. Ord. No. 13117,
    Mar. 31, 1999, 64 F.R. 16591, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including but not
    limited to the International Emergency Economic Powers Act (50
    U.S.C. 1701 et. seq.) ("the Act"), and in order to take additional
    steps with respect to the national emergency described and declared
    in Executive Order No. 12924 of August 19, 1994 [50 U.S.C. 1701
    note], and continued on August 15, 1995, I, WILLIAM J. CLINTON,
    President of the United States of America, find that it is
    necessary for the procedures set forth below to apply to export
    license applications submitted under the Act and the Export
    Administration Regulations (15 C.F.R. Part 730 et. seq.) ("the
    Regulations") or under any renewal of, or successor to, the Export
    Administration Act of 1979, as amended (50 U.S.C. App. 2401 et.
    seq.) ("the Export Administration Act"), and the Regulations.
    Accordingly, it is hereby ordered as follows:
      Section 1. License Review. To the extent permitted by law and
    consistent with Executive Order No. 12924 of August 19, 1994, the
    power, authority, and discretion conferred upon the Secretary of
    Commerce ("the Secretary") under the Export Administration Act to
    require, review, and make final determinations with regard to
    export licenses, documentation, and other forms of information
    submitted to the Department of Commerce pursuant to the Act and the
    Regulations or under any renewal of, or successor to, the Export
    Administration Act and the Regulations, with the power of
    successive redelegation, shall continue. The Departments of State,
    Defense, and Energy each shall have the authority to review any
    export license application submitted to the Department of Commerce
    pursuant to the Act and the Regulations or under any renewal of, or
    successor to, the Export Administration Act and the Regulations.
    The Secretary may refer license applications to other United States
    Government departments or agencies for review as appropriate. In
    the event that a department or agency determines that certain types
    of applications need not be referred to it, such department or
    agency shall notify the Department of Commerce as to the specific
    types of such applications that it does not wish to review. All
    departments or agencies shall promptly respond, on a case-by-case
    basis, to requests from other departments or agencies for
    historical information relating to past license applications.
      Sec. 2. Determinations. (a) All license applications submitted
    under the Act and the Regulations or any renewal of, or successor
    to, the Export Administration Act and the Regulations, shall be
    resolved or referred to the President no later than 90 calendar
    days after registration of the completed license application.
      (b) The following actions related to processing a license
    application submitted under the Act and the Regulations or any
    renewal of, or successor to, the Export Administration Act and the
    Regulations shall not be counted in calculating the time periods
    prescribed in this order:
      (1) Agreement of the Applicant. Delays upon which the Secretary
    and the applicant mutually agree.
      (2) Prelicense Checks. Prelicense checks through government
    channels that may be required to establish the identity and
    reliability of the recipient of items controlled under the Act and
    the Regulations or any renewal of, or successor to, the Export
    Administration Act and the Regulations, provided that:
      (A) the need for such prelicense check is established by the
    Secretary, or by another department or agency if the request for
    prelicense check is made by such department or agency;
      (B) the Secretary requests the prelicense check within 5 days of
    the determination that it is necessary; and
      (C) the Secretary completes the analysis of the result of the
    prelicense check within 5 days.
      (3) Requests for Government-To-Government Assurances. Requests
    for government-to-government assurances of suitable end-use of
    items approved for export under the Act and the Regulations or any
    renewal of, or successor to, the Export Administration Act and the
    Regulations, when failure to obtain such assurances would result in
    rejection of the application, provided that:
      (A) the request for such assurances is sent to the Secretary of
    State within 5 days of the determination that the assurances are
    required;
      (B) the Secretary of State initiates the request of the relevant
    government within 10 days thereafter; and
      (C) the license is issued within 5 days of the Secretary's
    receipt of the requested assurances. Whenever such prelicense
    checks and assurances are not requested within the time periods set
    forth above, they must be accomplished within the time periods
    established by this section.
      (4) Multilateral Reviews. Multilateral review of a license
    application as provided for under the Act and the Regulations or
    any renewal of, or successor to, the Export Administration Act and
    the Regulations, as long as multilateral review is required by the
    relevant multilateral regime.
      (5) Consultations. Consultation with other governments, if such
    consultation is provided for by a relevant multilateral regime or
    bilateral arrangement as a precondition for approving a license.
      Sec. 3. Initial Processing. Within 9 days of registration of any
    license application, the Secretary shall, as appropriate:
      (a) request additional information from the applicant. The time
    required for the applicant to supply the additional information
    shall not be counted in calculating the time periods prescribed in
    this section.
      (b) refer the application and pertinent information to agencies
    or departments as stipulated in section 1 of this order, and
    forward to the agencies any relevant information submitted by the
    applicant that could not be reduced to electronic form.
      (c) assure that the stated classification on the application is
    correct; return the application if a license is not required; and,
    if referral to other departments or agencies is not required, grant
    the application or notify the applicant of the Secretary's
    intention to deny the application.
      Sec. 4. Department or Agency Review. (a) Each reviewing
    department or agency shall specify to the Secretary, within 10 days
    of receipt of a referral as specified in subsection 3(b), any
    information not in the application that would be required to make a
    determination, and the Secretary shall promptly request such
    information from the applicant. If, after receipt of the
    information so specified or other new information, a reviewing
    department or agency concludes that additional information would be
    required to make a determination, it shall promptly specify that
    additional information to the Secretary, and the Secretary shall
    promptly request such information from the applicant. The time that
    may elapse between the date the information is requested by the
    reviewing department or agency and the date the information is
    received by the reviewing department or agency shall not be counted
    in calculating the time periods prescribed in this order. Such
    information specified by reviewing departments or agencies is in
    addition to any information that may be requested by the Department
    of Commerce on its own initiative during the first 9 days after
    registration of an application.
      (b) Within 30 days of receipt of a referral and all required
    information, a department or agency shall provide the Secretary
    with a recommendation either to approve or deny the license
    application. As appropriate, such recommendation may be with the
    benefit of consultation and discussions in interagency groups
    established to provide expertise and coordinate interagency
    consultation. A recommendation that the Secretary deny a license
    shall include a statement of the reasons for such recommendation
    that are consistent with the provisions of the Act and the
    Regulations or any renewal of, or successor to, the Export
    Administration Act and the Regulations and shall cite both the
    statutory and the regulatory bases for the recommendation to deny.
    A department or agency that fails to provide a recommendation
    within 30 days with a statement of reasons and the statutory and
    regulatory bases shall be deemed to have no objection to the
    decision of the Secretary.
      Sec. 5. Interagency Dispute Resolution. (a) Committees. (1)(A)
    Export Administration Review Board. The Export Administration
    Review Board ("the Board"), which was established by Executive
    Order No. 11533 of June 4, 1970 [formerly set out above], and
    continued in Executive Order No. 12002 of July 7, 1977 [set out
    above], is hereby continued. The Board shall have as its members,
    the Secretary, who shall be Chair of the Board, the Secretary of
    State, the Secretary of Defense, and the Secretary of Energy[.] The
    Chairman of the Joint Chiefs of Staff and the Director of Central
    Intelligence shall be nonvoting members of the Board. No alternate
    Board members shall be designated, but the acting head or deputy
    head of any member department or agency may serve in lieu of the
    head of the concerned department or agency. The Board may invite
    the heads of other United States Government departments or
    agencies, other than the departments or agencies represented by the
    Board members, to participate in the activities of the Board when
    matters of interest to such departments or agencies are under
    consideration.
      (B) The Secretary may, from time to time, refer to the Board such
    particular export license matters, involving questions of national
    security or other major policy issues, as the Secretary shall
    select. The Secretary shall also refer to the Board any other such
    export license matter, upon the request of any other member of the
    Board or the head of any other United States Government department
    or agency having any interest in such matter. The Board shall
    consider the matters so referred to it, giving due consideration to
    the foreign policy of the United States, the national security, the
    domestic economy, and concerns about the proliferation of
    armaments, weapons of mass destruction, missile delivery systems,
    and advanced conventional weapons and shall make recommendations
    thereon to the Secretary.
      (2) Advisory Committee on Export Policy. An Advisory Committee on
    Export Policy ("ACEP") is established and shall have as its members
    the Assistant Secretary of Commerce for Export Administration, who
    shall be Chair of the ACEP, and Assistant Secretary-level
    representatives of the Departments of State, Defense, and Energy[.]
    Appropriate representatives of the Joint Chiefs of Staff and of the
    Nonproliferation Center of the Central Intelligence Agency shall be
    nonvoting members of the ACEP. Representatives of the departments
    or agencies shall be the appropriate Assistant Secretary or
    equivalent (or appropriate acting Assistant Secretary or equivalent
    in lieu of the Assistant Secretary or equivalent) of the concerned
    department or agency, or appropriate Deputy Assistant Secretary or
    equivalent (or the appropriate acting Deputy Assistant Secretary or
    equivalent in lieu of the Deputy Assistant Secretary or equivalent)
    of the concerned department or agency. Regardless of the department
    or agency representative's rank, such representative shall speak
    and vote at the ACEP on behalf of the appropriate Assistant
    Secretary or equivalent of such department or agency. The ACEP may
    invite Assistant Secretary-level representatives of other United
    States Government departments or agencies, other than the
    departments and agencies represented by the ACEP members, to
    participate in the activities of the ACEP when matters of interest
    to such departments or agencies are under consideration.
      (3)(A) Operating Committee. An Operating Committee ("OC") of the
    ACEP is established. The Secretary shall appoint its Chair, who
    shall also serve as Executive Secretary of the ACEP. Its other
    members shall be representatives of appropriate agencies in the
    Departments of Commerce, State, Defense, and Energy[.] The
    appropriate representatives of the Joint Chiefs of Staff and the
    Nonproliferation Center of the Central Intelligence Agency shall be
    nonvoting members of the OC. The OC may invite representatives of
    other United States Government departments or agencies, other than
    the departments and agencies represented by the OC members, to
    participate in the activities of the OC when matters of interest to
    such departments or agencies are under consideration.
      (B) The OC shall review all license applications on which the
    reviewing departments and agencies are not in agreement. The Chair
    of the OC shall consider the recommendations of the reviewing
    departments and agencies and inform them of his or her decision on
    any such matters within 14 days after the deadline for receiving
    department and agency recommendations. However, for license
    applications concerning commercial communication satellites and hot-
    section technologies for the development, production, and overhaul
    of commercial aircraft engines that are transferred from the United
    States Munitions List to the Commerce Control List pursuant to
    regulations issued by the Departments of Commerce and State after
    the date of this order, the Chair of the OC shall inform reviewing
    departments and agencies of the majority vote decision of the OC.
    As described below, any reviewing department or agency may appeal
    the decision of the Chair of the OC, or the majority vote decision
    of the OC in cases concerning the commercial communication
    satellites and hot-section technologies described above, to the
    Chair of the ACEP. In the absence of a timely appeal, the Chair's
    decision (or the majority vote decision in the case of license
    applications concerning the commercial communication satellites and
    hot-section technologies described above) will be final.
      (b) Resolution Procedures. (1) If any department or agency
    disagrees with a licensing determination of the Department of
    Commerce made through the Chair of the OC (or a majority vote
    decision of the OC in the case of license applications concerning
    the commercial communication satellites and the hot-section
    technologies described in section 5(a)(3)(B)), it may appeal the
    matter to the ACEP for resolution. A department or agency must
    appeal a matter within 5 days of such a decision. Appeals must be
    in writing from an official appointed by the President, by and with
    the advice and consent of the Senate, or an officer properly acting
    in such capacity, and must cite both the statutory and the
    regulatory bases for the appeal. The ACEP shall review all
    departments' and agencies' information and recommendations, and the
    Chair of the ACEP shall inform the reviewing departments and
    agencies of the majority vote decision of the ACEP within 11 days
    from the date of receiving notice of the appeal. Within 5 days of
    the majority vote decision, any dissenting department or agency may
    appeal the decision by submitting a letter from the head of the
    department or agency to the Secretary in his or her capacity as the
    Chair of the Board. Such letter shall cite both the statutory and
    the regulatory bases for the appeal. Within the same 5-day period,
    the Secretary may call a meeting on his or her own initiative to
    consider a license application. In the absence of a timely appeal,
    the majority vote decision of the ACEP shall be final.
      (2) The Board shall review all departments' and agencies'
    information and recommendations, and such other export control
    matters as may be appropriate. The Secretary shall inform the
    reviewing departments and agencies of the majority vote of the
    Board within 11 days from the date of receiving notice of appeal.
    Within 5 days of the decision, any department or agency dissenting
    from the majority vote decision of the Board may appeal the
    decision by submitting a letter from the head of the dissenting
    department or agency to the President. In the absence of a timely
    appeal, the majority vote decision of the Board shall be final.
      Sec. 6. Encryption Products. In conducting the license review
    described in section 1 above, with respect to export controls of
    encryption products that are or would be, on November 15, 1996,
    designated as defense articles in Category XIII of the United
    States Munitions List and regulated by the United States Department
    of State pursuant to the Arms Export Control Act, 22 U.S.C. 2778 et
    seq., but that subsequently are placed on the Commerce Control List
    in the Export Administration Regulations, the Departments of State,
    Defense, Energy, and Justice shall have the opportunity to review
    any export license application submitted to the Department of
    Commerce. The Department of Justice shall, with respect to such
    encryption products, be a voting member of the Export
    Administration Review Board described in section 5(a)(1) of this
    order and of the Advisory Committee on Export Policy described in
    section 5(a)(2) of this order. The Department of Justice shall be a
    full member of the Operating Committee of the ACEP described in
    section 5(a)(3) of this order, and of any other committees and
    consultation groups reviewing export controls with respect to such
    encryption products.
      Sec. 7. The license review process in this order shall take
    effect beginning with those license applications registered by the
    Secretary 60 days after the date of this order and shall continue
    in effect to the extent not inconsistent with any renewal of the
    Export Administration Act, or with any successor to that Act.
      Sec. 8. Judicial Review. This order is intended only to improve
    the internal management of the executive branch and is not intended
    to, and does not, create any rights to administrative or judicial
    review, or any other right or benefit or trust responsibility,
    substantive or procedural, enforceable by a party against the
    United States, its agencies or instrumentalities, its officers or
    employees, or any other person.
                                                     William J. Clinton.

      [For abolition, transfer of functions, and treatment of
    references to United States Arms Control and Disarmament Agency,
    see section 6511 et seq. of Title 22, Foreign Relations and
    Intercourse.]

    EX. ORD. NO. 13026. ADMINISTRATION OF EXPORT CONTROLS ON ENCRYPTION
                                 PRODUCTS
      Ex. Ord. No. 13026, Nov. 15, 1996, 61 F.R. 58767, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including but not
    limited to the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.), and in order to take additional steps with
    respect to the national emergency described and declared in
    Executive Order 12924 of August 19, 1994 [50 U.S.C. 1701 note], and
    continued on August 15, 1995, and on August 14, 1996, I, WILLIAM J.
    CLINTON, President of the United States of America, have decided
    that the provisions set forth below shall apply to administration
    of the export control system maintained by the Export
    Administration Regulations, 15 CFR Part 730 et seq. ("the EAR").
    Accordingly, it is hereby ordered as follows:
      Section 1. Treatment of Encryption Products. In order to provide
    for appropriate controls on the export and foreign dissemination of
    encryption products, export controls of encryption products that
    are or would be, on this date, designated as defense articles in
    Category XIII of the United States Munitions List and regulated by
    the United States Department of State pursuant to the Arms Export
    Control Act, 22 U.S.C. 2778 et seq. ("the AECA"), but that
    subsequently are placed on the Commerce Control List in the EAR,
    shall be subject to the following conditions: (a) I have determined
    that the export of encryption products described in this section
    could harm national security and foreign policy interests even
    where comparable products are or appear to be available from
    sources outside the United States, and that facts and questions
    concerning the foreign availability of such encryption products
    cannot be made subject to public disclosure or judicial review
    without revealing or implicating classified information that could
    harm United States national security and foreign policy interests.
    Accordingly, sections 4(c) and 6(h)(2)-(4) of the Export
    Administration Act of 1979 ("the EAA"), 50 U.S.C. App. 2403(c) and
    2405(h)(2)-(4), as amended and as continued in effect by Executive
    Order 12924 of August 19, 1994, and by notices of August 15, 1995,
    and August 14, 1996, all other analogous provisions of the EAA
    relating to foreign availability, and the regulations in the EAR
    relating to such EAA provisions, shall not be applicable with
    respect to export controls on such encryption products.
    Notwithstanding this, the Secretary of Commerce ("Secretary") may,
    in his discretion, consider the foreign availability of comparable
    encryption products in determining whether to issue a license in a
    particular case or to remove controls on particular products, but
    is not required to issue licenses in particular cases or to remove
    controls on particular products based on such consideration;
      (b) [Amended Ex. Ord. No. 12981, set out above;]
      (c) Because the export of encryption software, like the export of
    other encryption products described in this section, must be
    controlled because of such software's functional capacity, rather
    than because of any possible informational value of such software,
    such software shall not be considered or treated as "technology,"
    as that term is defined in section 16 of the EAA (50 U.S.C. App.
    2415) and in the EAR (61 Fed. Reg. 12714, March 25, 1996);
      (d) With respect to encryption products described in this
    section, the Secretary shall take such actions, including the
    promulgation of rules, regulations, and amendments thereto, as may
    be necessary to control the export of assistance (including
    training) to foreign persons in the same manner and to the same
    extent as the export of such assistance is controlled under the
    AECA, as amended by section 151 of Public Law 104-164 [see 22
    U.S.C. 2778(b)(1)(A)];
      (e) Appropriate controls on the export and foreign dissemination
    of encryption products described in this section may include, but
    are not limited to, measures that promote the use of strong
    encryption products and the development of a key recovery
    management infrastructure; and
      (f) Regulation of encryption products described in this section
    shall be subject to such further conditions as the President may
    direct.
      Sec. 2. Effective Date. The provisions described in section 1
    shall take effect as soon as any encryption products described in
    section 1 are placed on the Commerce Control List in the EAR.
      Sec. 3. Judicial Review. This order is intended only to improve
    the internal management of the executive branch and to ensure the
    implementation of appropriate controls on the export and foreign
    dissemination of encryption products. It is not intended to, and
    does not, create any rights to administrative or judicial review,
    or any other right or benefit or trust responsibility, substantive
    or procedural, enforceable by a party against the United States,
    its agencies or instrumentalities, its officers or employees, or
    any other person.
                                                     William J. Clinton.

-End-



-CITE-
    50 USC APPENDIX Sec. 2403-1                                 01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2403-1. Repealed. Pub. L. 103-199, title II, Sec. 203(b), Dec.
      17, 1993, 107 Stat. 2322

-MISC1-
      Section, Pub. L. 93-365, title VII, Sec. 709, Aug. 5, 1974, 88
    Stat. 408, related to review by Secretary of Defense of
    applications for export to controlled country of any goods,
    technology, or industrial techniques developed with Department of
    Defense funds for purpose of determining whether such export would
    significantly increase military capability of such country.

-End-



-CITE-
    50 USC APPENDIX Secs. 2403-1a, 2403a                        01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Secs. 2403-1a, 2403a. Omitted

-COD-
                               CODIFICATION                           
      Section 2403-1a, Pub. L. 91-184, Sec. 4A, as added Pub. L. 95-52,
    title II, Sec. 201(a), June 22, 1977, 91 Stat. 244, which set forth
    provisions prohibiting United States persons from participating in
    foreign boycotts and administrative enforcement of such
    prohibitions, expired on Sept. 3, 1979.
      Section 2403a, Pub. L. 91-184, Sec. 4B, formerly Sec. 4A, as
    added Pub. L. 93-500, Sec. 8, Oct. 29, 1974, 88 Stat. 1554,
    renumbered Pub. L. 95-52, title II, Sec. 201(a), June 22, 1977, 91
    Stat. 244, which set forth procedures applicable for relief from
    export controls upon showing of hardship, expired on Sept. 30,
    1979.

-End-



-CITE-
    50 USC APPENDIX Sec. 2404                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2404. National security controls

-STATUTE-
    (a) Authority
      (1) In order to carry out the policy set forth in section 3(2)(A)
    of this Act [section 2402(2)(A) of this Appendix], the President
    may, in accordance with the provisions of this section, prohibit or
    curtail the export of any goods or technology subject to the
    jurisdiction of the United States or exported by any person subject
    to the jurisdiction of the United States. The authority contained
    in this subsection includes the authority to prohibit or curtail
    the transfer of goods or technology within the United States to
    embassies and affiliates of controlled countries. For purposes of
    the preceding sentence, the term "affiliates" includes both
    governmental entities and commercial entities that are controlled
    in fact by controlled countries. The authority contained in this
    subsection shall be exercised by the Secretary, in consultation
    with the Secretary of Defense, and such other departments and
    agencies as the Secretary considers appropriate, and shall be
    implemented by means of export licenses described in section 4(a)
    of this Act [section 2403(a) of this Appendix].
      (2) Whenever the Secretary makes any revision with respect to any
    goods or technology, or with respect to the countries or
    destinations, affected by export controls imposed under this
    section, the Secretary shall publish in the Federal Register a
    notice of such revision and shall specify in such notice that the
    revision relates to controls imposed under the authority contained
    in this section.
      (3) In issuing regulations to carry out this section, particular
    attention shall be given to the difficulty of devising effective
    safeguards to prevent a country that poses a threat to the security
    of the United States from diverting critical technologies to
    military use, the difficulty of devising effective safeguards to
    protect critical goods, and the need to take effective measures to
    prevent the reexport of critical technologies from other countries
    to countries that pose a threat to the security of the United
    States.
      (4)(A) No authority or permission may be required under this
    section to reexport any goods or technology subject to the
    jurisdiction of the United States to any country which maintains
    export controls on such goods or technology cooperatively with the
    United States pursuant to the agreement of the group known as the
    Coordinating Committee, or pursuant to an agreement described in
    subsection (k) of this section. The Secretary may require any
    person reexporting any goods or technology under this subparagraph
    to notify the Secretary of such reexports.
      (B) Notwithstanding subparagraph (A), the Secretary may require
    authority or permission to reexport the following:
        (i) supercomputers;
        (ii) goods or technology for sensitive nuclear uses (as defined
      by the Secretary);
        (iii) devices for surreptitious interception of wire or oral
      communications; and
        (iv) goods or technology intended for such end users as the
      Secretary may specify by regulation.

      (5)(A) Except as provided in subparagraph (B), no authority or
    permission may be required under this section to reexport any goods
    or technology subject to the jurisdiction of the United States from
    any country when the goods or technology to be reexported are
    incorporated in another good and - 
        (i) the value of the controlled United States content of that
      other good is 25 percent or less of the total value of the good;
      or
        (ii) the export of the goods or technology to a controlled
      country would require only notification of the participating
      governments of the Coordinating Committee.

    For purposes of this paragraph, the "controlled United States
    content" of a good means those goods or technology subject to the
    jurisdiction of the United States which are incorporated in the
    good, if the export of those goods or technology from the United
    States to a country, at the time that the good is exported to that
    country, would require a validated license.
      (B) The Secretary may by regulation provide that subparagraph (A)
    does not apply to the reexport of a supercomputer which contains
    goods or technology subject to the jurisdiction of the United
    States.
      (6) Not later than 90 days after the date of the enactment of
    this paragraph [Aug. 23, 1988], the Secretary shall issue
    regulations to carry out paragraphs (4) and (5). Such regulations
    shall define the term "supercomputer" for purposes of those
    paragraphs.
    (b) Policy toward individual countries
      (1) In administering export controls for national security
    purposes under this section, the President shall establish as a
    list of controlled countries those countries set forth in section
    620(f) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)],
    except that the President may add any country to or remove any
    country from such list of controlled countries if he determines
    that the export of goods or technology to such country would or
    would not (as the case may be) make a significant contribution to
    the military potential of such country or a combination of
    countries which would prove detrimental to the national security of
    the United States. In determining whether a country is added to or
    removed from the list of controlled countries, the President shall
    take into account - 
        (A) the extent to which the country's policies are adverse to
      the national security interests of the United States;
        (B) the country's Communist or non-Communist status;
        (C) the present and potential relationship of the country with
      the United States;
        (D) the present and potential relationships of the country with
      countries friendly or hostile to the United States;
        (E) the country's nuclear weapons capability and the country's
      compliance record with respect to multilateral nuclear weapons
      agreements to which the United States is a party; and
        (F) such other factors as the President considers appropriate.

    Nothing in the preceding sentence shall be interpreted to limit the
    authority of the President provided in this Act [sections 2401 to
    2420 of this Appendix] to prohibit or curtail the export of any
    goods or technology to any country to which exports are controlled
    for national security purposes other than countries on the list of
    controlled countries specified in this paragraph. The President
    shall review not less frequently than every three years in the case
    of controls maintained cooperatively with other nations, and
    annually in the case of all other controls, United States policy
    toward individual countries to determine whether such policy is
    appropriate in light of the factors set forth in this paragraph.
      (2)(A) Except as provided in subparagraph (B), no authority or
    permission may be required under this section to export goods or
    technology to a country which maintains export controls on such
    goods or technology cooperatively with the United States pursuant
    to the agreement of the group known as the Coordinating Committee
    or pursuant to an agreement described in subsection (k) of this
    section, if the export of such goods or technology to the People's
    Republic of China or a controlled country on the date of the
    enactment of the Export Enhancement Act of 1988 [Aug. 23, 1988]
    would require only notification of the participating governments of
    the Coordinating Committee.
      (B)(i) The Secretary may require a license for the export of
    goods or technology described in subparagraph (A) to such end users
    as the Secretary may specify by regulation.
      (ii) The Secretary may require any person exporting goods or
    technology under this paragraph to notify the Secretary of those
    exports.
      (C) The Secretary shall, within 3 months after the date of the
    enactment of the Export Enhancement Act of 1988 [Aug. 23, 1988],
    determine which countries referred to in subparagraph (A) are
    implementing an effective export control system consistent with
    principles agreed to in the Coordinating Committee, including the
    following:
        (i) national laws providing appropriate civil and criminal
      penalties and statutes of limitations sufficient to deter
      potential violations;
        (ii) a program to evaluate export license applications that
      includes sufficient technical expertise to assess the licensing
      status of exports and ensure the reliability of end-users;
        (iii) an enforcement mechanism that provides authority for
      trained enforcement officers to investigate and prevent illegal
      exports;
        (iv) a system of export control documentation to verify the
      movement of goods and technology; and
        (v) procedures for the coordination and exchange of information
      concerning violations of the agreement of the Coordinating
      Committee.

    The Secretary shall, at least once each year, review the
    determinations made under the preceding sentence with respect to
    all countries referred to in subparagraph (A). The Secretary may,
    as appropriate, add countries to, or remove countries from, the
    list of countries that are implementing an effective export control
    system in accordance with this subparagraph. No authority or
    permission to export may be required for the export of goods or
    technology to a country on such list.
      (3)(A) No authority or permission may be required under this
    section to export to any country, other than a controlled country,
    any goods or technology if the export of the goods or technology to
    controlled countries would require only notification of the
    participating governments of the Coordinating Committee.
      (B) The Secretary may require any person exporting any goods or
    technology under subparagraph (A) to notify the Secretary of those
    exports.
    (c) Control list
      (1) The Secretary shall establish and maintain, as part of the
    control list, a list of all goods and technology subject to export
    controls under this section. Such goods and technology shall be
    clearly identified as being subject to controls under this section.
      (2) The Secretary of Defense and other appropriate departments
    and agencies shall identify goods and technology for inclusion on
    the list referred to in paragraph (1). Those items which the
    Secretary and the Secretary of Defense concur shall be subject to
    export controls under this section shall comprise such list. If the
    Secretary and the Secretary of Defense are unable to concur on such
    items, as determined by the Secretary, the Secretary of Defense
    may, within 20 days after receiving notification of the Secretary's
    determination, refer the matter to the President for resolution.
    The Secretary of Defense shall notify the Secretary of any such
    referral. The President shall, not later than 20 days after such
    referral, notify the Secretary of his determination with respect to
    the inclusion of such items on the list. Failure of the Secretary
    of Defense to notify the President or the Secretary, or failure of
    the President to notify the Secretary, in accordance with this
    paragraph, shall be deemed by the Secretary to constitute
    concurrence in the implementation of the actions proposed by the
    Secretary regarding the inclusion of such items on the list.
      (3) The Secretary shall conduct partial reviews of the list
    established pursuant to this subsection at least once each calendar
    quarter in order to carry out the policy set forth in section
    3(2)(A) of this Act [section 2402(2)(A) of this Appendix] and the
    provisions of this section, and shall promptly make such revisions
    of the list as may be necessary after each such review. Before
    beginning each quarterly review, the Secretary shall publish notice
    of that review in the Federal Register. The Secretary shall provide
    a 30-day period during each review for comment and the submission
    of data, with or without oral presentation, by interested
    Government agencies and other affected or potentially affected
    parties. After consultation with appropriate Government agencies,
    the Secretary shall make a determination of any revisions in the
    list within 30 days after the end of the review period. The
    concurrence or approval of any other department or agency is not
    required before any such revision is made. The Secretary shall
    publish in the Federal Register any revisions in the list, with an
    explanation of the reasons for the revisions. The Secretary shall
    use the data developed from each review in formulating United
    States proposals relating to multilateral export controls in the
    group known as the Coordinating Committee. The Secretary shall
    further assess, as part of each review, the availability from
    sources outside the United States of goods and technology
    comparable to those subject to export controls imposed under this
    section. All goods and technology on the list shall be reviewed at
    least once each year. The provisions of this paragraph apply to
    revisions of the list which consist of removing items from the list
    or making changes in categories of, or other specifications in,
    items on the list.
      (4) The appropriate technical advisory committee appointed under
    subsection (h) of this section shall be consulted by the Secretary
    with respect to changes, pursuant to paragraph (2) or (3), in the
    list established pursuant to this subsection, and such technical
    advisory committee may submit recommendations to the Secretary with
    respect to such changes. The Secretary shall consider the
    recommendations of the technical advisory committee and shall
    inform the committee of the disposition of its recommendations.
      (5)(A) Not later than 6 months after the date of the enactment of
    this paragraph [Aug. 23, 1988], the following shall no longer be
    subject to export controls under this section:
        (i) All goods or technology the export of which to controlled
      countries on the date of the enactment of the Export Enhancement
      Act of 1988 [Aug. 23, 1988] would require only notification of
      the participating governments of the Coordinating Committee,
      except for those goods or technology on which the Coordinating
      Committee agrees to maintain such notification requirement.
        (ii) All medical instruments and equipment, subject to the
      provisions of subsection (m) of this section.

      (B) The Secretary shall submit to the Congress annually a report
    setting forth the goods and technology from which export controls
    have been removed under this paragraph.
      (6)(A) Notwithstanding subsection (f) or (h)(6) of this section,
    any export control imposed under this section which is maintained
    unilaterally by the United States shall expire 6 months after the
    date of the enactment of this paragraph [Aug. 23, 1988], or 6
    months after the export control is imposed, whichever date is
    later, except that - 
        (i) any such export controls on those goods or technology for
      which a determination of the Secretary that there is no foreign
      availability has been made under subsection (f) or (h)(6) of this
      section before the end of the applicable 6-month period and is in
      effect may be renewed for periods of not more than 6 months each,
      and
        (ii) any such export controls on those goods or technology with
      respect to which the President, by the end of the applicable 6-
      month period, is actively pursuing negotiations with other
      countries to achieve multilateral export controls on those goods
      or technology may be renewed for 2 periods of not more than 6
      months each.

      (B) Export controls on goods or technology described in clause
    (i) or (ii) of subparagraph (A) may be renewed only if, before each
    renewal, the President submits to the Congress a report setting
    forth all the controls being renewed and stating the specific
    reasons for such renewal.
      (7) Notwithstanding any other provision of this subsection, after
    1 year has elapsed since the last review in the Federal Register on
    any item within a category on the control list the export of which
    to the People's Republic of China would require only notification
    of the members of the group known as the Coordinating Committee, an
    export license applicant may file an allegation with the Secretary
    that such item has not been so reviewed within such 1-year period.
    Within 90 days after receipt of such allegation, the Secretary - 
        (A) shall determine the truth of the allegation;
        (B) shall, if the allegation is confirmed, commence and
      complete the review of the item; and
        (C) shall, pursuant to such review, submit a finding for
      publication in the Federal Register.

    In such finding, the Secretary shall identify those goods or
    technology which shall remain on the control list and those goods
    or technology which shall be removed from the control list. If such
    review and submission for publication are not completed within that
    90-day period, the goods or technology encompassed by such item
    shall immediately be removed from the control list.
    (d) Militarily critical technologies
      (1) The Secretary, in consultation with the Secretary of Defense,
    shall review and revise the list established pursuant to subsection
    (c), as prescribed in paragraph (3) of such subsection, for the
    purpose of insuring that export controls imposed under this section
    cover and (to the maximum extent consistent with the purposes of
    this Act [sections 2401 to 2420 of this Appendix]) are limited to
    militarily critical goods and technologies and the mechanisms
    through which such goods and technologies may be effectively
    transferred.
      (2) The Secretary of Defense shall bear primary responsibility
    for developing a list of militarily critical technologies. In
    developing such list, primary emphasis shall be given to - 
        (A) arrays of design and manufacturing know-how,
        (B) keystone manufacturing, inspection, and test equipment,
        (C) goods accompanied by sophisticated operation, application,
      or maintenance know-how, and
        (D) keystone equipment which would reveal or give insight into
      the design and manufacture of a United States military system,

    which are not possessed by, or available in fact from sources
    outside the United States to, controlled countries and which, if
    exported, would permit a significant advance in a military system
    of any such country.
      (3) The list referred to in paragraph (2) shall be sufficiently
    specific to guide the determinations of any official exercising
    export licensing responsibilities under this Act [sections 2401 to
    2420 of this Appendix].
      (4) The Secretary and the Secretary of Defense shall integrate
    items on the list of militarily critical technologies into the
    control list in accordance with the requirements of subsection (c)
    of this section. The integration of items on the list of militarily
    critical technologies into the control list shall proceed with all
    deliberate speed. Any disagreement between the Secretary and the
    Secretary of Defense regarding the integration of an item on the
    list of militarily critical technologies into the control list
    shall be resolved by the President. Except in the case of a good or
    technology for which a validated license may be required under
    subsection (f)(4) or (h)(6) of this section, a good or technology
    shall be included on the control list only if the Secretary finds
    that controlled countries do not possess that good or technology,
    or a functionally equivalent good or technology, and the good or
    technology or functionally equivalent good or technology is not
    available in fact to a controlled country from sources outside the
    United States in sufficient quantity and of comparable quality so
    that the requirement of a validated license for the export of such
    good or technology is or would be ineffective in achieving the
    purpose set forth in subsection (a) of this section. The Secretary
    and the Secretary of Defense shall jointly submit a report to the
    Congress, not later than 1 year after the date of the enactment of
    the Export Administration Amendments Act of 1985 [July 12, 1985],
    on actions taken to carry out this paragraph. For the purposes of
    this paragraph, assessment of whether a good or technology is
    functionally equivalent shall include consideration of the factors
    described in subsection (f)(3) of this section.
      (5) The Secretary of Defense shall establish a procedure for
    reviewing the goods and technology on the list of militarily
    critical technologies on an ongoing basis for the purpose of
    removing from the list of militarily critical technologies any
    goods or technology that are no longer militarily critical. The
    Secretary of Defense may add to the list of militarily critical
    technologies any good or technology that the Secretary of Defense
    determines is militarily critical, consistent with the provisions
    of paragraph (2) of this subsection. If the Secretary and the
    Secretary of Defense disagree as to whether any change in the list
    of militarily critical technologies by the addition or removal of a
    good or technology should also be made in the control list,
    consistent with the provisions of the fourth sentence of paragraph
    (4) of this subsection, the President shall resolve the
    disagreement.
      (6) The establishment of adequate export controls for militarily
    critical technology and keystone equipment shall be accompanied by
    suitable reductions in the controls on the products of that
    technology and equipment.
      (7) The Secretary of Defense shall, not later than 1 year after
    the date of the enactment of the Export Administration Amendments
    Act of 1985 [July 12, 1985], report to the Congress on efforts by
    the Department of Defense to assess the impact that the transfer of
    goods or technology on the list of militarily critical technologies
    to controlled countries has had or will have on the military
    capabilities of those countries.
    (e) Export licenses
      (1) The Congress finds that the effectiveness and efficiency of
    the process of making export licensing determinations under this
    section is severely hampered by the large volume of validated
    export license applications required to be submitted under this Act
    [sections 2401 to 2420 of this Appendix]. Accordingly, it is the
    intent of Congress in this subsection to encourage the use of the
    multiple validated export licenses described in section 4(a)(2) of
    this Act [section 2403(a)(2) of this Appendix] in lieu of
    individual validated licenses.
      (2) To the maximum extent practicable, consistent with the
    national security of the United States, the Secretary shall require
    a validated license under this section for the export of goods or
    technology only if - 
        (A) the export of such goods or technology is restricted
      pursuant to a multilateral agreement, formal or informal, to
      which the United States is a party and, under the terms of such
      multilateral agreement, such export requires the specific
      approval of the parties to such multilateral agreement;
        (B) with respect to such goods or technology, other nations do
      not possess capabilities comparable to those possessed by the
      United States; or
        (C) the United States is seeking the agreement of other
      suppliers to apply comparable controls to such goods or
      technology and, in the judgment of the Secretary, United States
      export controls on such goods or technology, by means of such
      license, are necessary pending the conclusion of such agreement.

      (3) The Secretary, subject to the provisions of subsection (l) of
    this section, shall not require an individual validated export
    license for replacement parts which are exported to replace on a
    one-for-one basis parts that were in a good that has been lawfully
    exported from the United States.
      (4) The Secretary shall periodically review the procedures with
    respect to the multiple validated export licenses, taking
    appropriate action to increase their utilization by reducing
    qualification requirements or lowering minimum thresholds, to
    combine procedures which overlap, and to eliminate those procedures
    which appear to be of marginal utility.
      (5) The export of goods subject to export controls under this
    section shall be eligible, at the discretion of the Secretary, for
    a distribution license and other licenses authorizing multiple
    exports of goods, in accordance with section 4(a)(2) of this Act
    [section 2403(a)(2) of this Appendix]. The export of technology and
    related goods subject to export controls under this section shall
    be eligible for a comprehensive operations license in accordance
    with section 4(a)(2)(B) of this Act [section 2403(a)(2)(B) of this
    Appendix].
      (6) Any application for a license for the export to the People's
    Republic of China of any good on which export controls are in
    effect under this section, without regard to the technical
    specifications of the good, for the purpose of demonstration or
    exhibition at a trade show shall carry a presumption of approval if
    - 
        (A) the United States exporter retains title to the good during
      the entire period in which the good is in the People's Republic
      of China; and
        (B) the exporter removes the good from the People's Republic of
      China no later than at the conclusion of the trade show.
    (f) Foreign availability
      (1) Foreign availability to controlled countries
        (A) The Secretary, in consultation with the Secretary of
      Defense and other appropriate Government agencies and with
      appropriate technical advisory committees established pursuant to
      subsection (h) of this section, shall review, on a continuing
      basis, the availability to controlled countries, from sources
      outside the United States, including countries which participate
      with the United States in multilateral export controls, of any
      goods or technology the export of which requires a validated
      license under this section. In any case in which the Secretary
      determines, in accordance with procedures and criteria which the
      Secretary shall by regulation establish, that any such goods or
      technology are available in fact to controlled countries from
      such sources in sufficient quantity and of comparable quality so
      that the requirement of a validated license for the export of
      such goods or technology is or would be ineffective in achieving
      the purpose set forth in subsection (a) of this section, the
      Secretary may not, after the determination is made, require a
      validated license for the export of such goods or technology
      during the period of such foreign availability, unless the
      President determines that the absence of export controls under
      this section on the goods or technology would prove detrimental
      to the national security of the United States. In any case in
      which the President determines under this paragraph that export
      controls under this section must be maintained notwithstanding
      foreign availability, the Secretary shall publish that
      determination, together with a concise statement of its basis and
      the estimated economic impact of the decision.
        (B) The Secretary shall approve any application for a validated
      license which is required under this section for the export of
      any goods or technology to a controlled country and which meets
      all other requirements for such an application, if the Secretary
      determines that such goods or technology will, if the license is
      denied, be available in fact to such country from sources outside
      the United States, including countries which participate with the
      United States in multilateral export controls, in sufficient
      quantity and of comparable quality so that denial of the license
      would be ineffective in achieving the purpose set forth in
      subsection (a) of this section, unless the President determines
      that approving the license application would prove detrimental to
      the national security of the United States. In any case in which
      the Secretary makes a determination of foreign availability under
      this subparagraph with respect to any goods or technology, the
      Secretary shall determine whether a determination of foreign
      availability under subparagraph (A) with respect to such goods or
      technology is warranted.
      (2) Foreign availability to other than controlled countries
        (A) The Secretary shall review, on a continuing basis, the
      availability to countries other than controlled countries, from
      sources outside the United States, of any goods or technology the
      export of which requires a validated license under this section.
      If the Secretary determines, in accordance with procedures which
      the Secretary shall establish, that any goods or technology in
      sufficient quantity and of comparable quality are available in
      fact from sources outside the United States (other than
      availability under license from a country which maintains export
      controls on such goods or technology cooperatively with the
      United States pursuant to the agreement of the group known as the
      Coordinating Committee or pursuant to an agreement described in
      subsection (k) of this section), the Secretary may not, after the
      determination is made and during the period of such foreign
      availability, require a validated license for the export of such
      goods or technology to any country (other than a controlled
      country) to which the country from which the goods or technology
      is available does not place controls on the export of such goods
      or technology. The requirement with respect to a validated
      license in the preceding sentence shall not apply if the
      President determines that the absence of export controls under
      this section on the goods or technology would prove detrimental
      to the national security of the United States. In any case in
      which the President determines under this paragraph that export
      controls under this section must be maintained notwithstanding
      foreign availability, the Secretary shall publish that
      determination, together with a concise statement of its basis and
      the estimated economic impact of the decision.
        (B) The Secretary shall approve any application for a validated
      license which is required under this section for the export of
      any goods or technology to a country (other than a controlled
      country) and which meets all other requirements for such an
      application, if the Secretary determines that such goods or
      technology are available from foreign sources to that country
      under the criteria established in subparagraph (A), unless the
      President determines that approving the license application would
      prove detrimental to the national security of the United States.
      In any case in which the Secretary makes a determination of
      foreign availability under this subparagraph with respect to any
      goods or technology, the Secretary shall determine whether a
      determination of foreign availability under subparagraph (A) with
      respect to such goods or technology is warranted.
      (3) Procedures for making determinations
        (A) The Secretary shall make a foreign availability
      determination under paragraph (1) or (2) on the Secretary's own
      initiative or upon receipt of an allegation from an export
      license applicant that such availability exists. In making any
      such determination, the Secretary shall accept the
      representations of applicants made in writing and supported by
      reasonable evidence, unless such representations are contradicted
      by reliable evidence, including scientific or physical
      examination, expert opinion based upon adequate factual
      information, or intelligence information. In making
      determinations of foreign availability, the Secretary may
      consider such factors as cost, reliability, the availability and
      reliability of spare parts and the cost and quality thereof,
      maintenance programs, durability, quality of end products
      produced by the item proposed for export, and scale of
      production. For purposes of this subparagraph, "evidence" may
      include such items as foreign manufacturers' catalogues,
      brochures, or operations or maintenance manuals, articles from
      reputable trade publications, photographs, and depositions based
      upon eyewitness accounts.
        (B) In a case in which an allegation is received from an export
      license applicant, the Secretary shall, upon receipt of the
      allegation, submit for publication in the Federal Register notice
      of such receipt. Within 4 months after receipt of the allegation,
      the Secretary shall determine whether the foreign availability
      exists, and shall so notify the applicant. If the Secretary has
      determined that the foreign availability exists, the Secretary
      shall, upon making such determination, submit the determination
      for review to other departments and agencies as the Secretary
      considers appropriate. The Secretary's determination of foreign
      availability does not require the concurrence or approval of any
      official, department, or agency to which such a determination is
      submitted. Not later than 1 month after the Secretary makes the
      determination, the Secretary shall respond in writing to the
      applicant and submit for publication in the Federal Register,
      that - 
          (i) the foreign availability does exist and - 
            (I) the requirement of a validated license has been
          removed,
            (II) the President has determined that export controls
          under this section must be maintained notwithstanding the
          foreign availability and the applicable steps are being taken
          under paragraph (4), or
            (III) in the case of a foreign availability determination
          under paragraph (1), the foreign availability determination
          will be submitted to a multilateral review process in
          accordance with the agreement of the Coordinating Committee
          for a period of not more than 4 months beginning on the date
          of the publication; or

          (ii) the foreign availability does not exist.

      In any case in which the submission for publication is not made
      within the time period specified in the preceding sentence, the
      Secretary may not thereafter require a license for the export of
      the goods or technology with respect to which the foreign
      availability allegation was made. In the case of a foreign
      availability determination under paragraph (1) to which clause
      (i)(III) applies, no license for such export may be required
      after the end of the 9-month period beginning on the date on
      which the allegation is received.
      (4) Negotiations to eliminate foreign availability
        (A) In any case in which export controls are maintained under
      this section notwithstanding foreign availability, on account of
      a determination by the President that the absence of the controls
      would prove detrimental to the national security of the United
      States, the President shall actively pursue negotiations with the
      governments of the appropriate foreign countries for the purpose
      of eliminating such availability. No later than the commencement
      of such negotiations, the President shall notify in writing the
      Committee on Banking, Housing, and Urban Affairs of the Senate
      and the Committee on Foreign Affairs of the House of
      Representatives that he has begun such negotiations and why he
      believes it is important to national security that export
      controls on the goods or technology involved be maintained.
        (B) If, within 6 months after the President's determination
      that export controls be maintained, the foreign availability has
      not been eliminated, the Secretary may not, after the end of that
      6-month period, require a validated license for the export of the
      goods or technology involved. The President may extend the 6-
      month period described in the preceding sentence for an
      additional period of 12 months if the President certifies to the
      Congress that the negotiations involved are progressing and that
      the absence of the export controls involved would prove
      detrimental to the national security of the United States.
      Whenever the President has reason to believe that goods or
      technology subject to export controls for national security
      purposes by the United States may become available from other
      countries to controlled countries and that such availability can
      be prevented or eliminated by means of negotiations with such
      other countries, the President shall promptly initiate
      negotiations with the governments of such other countries to
      prevent such foreign availability.
        (C) After an agreement is reached with a country pursuant to
      negotiations under this paragraph to eliminate or prevent foreign
      availability of goods or technology, the Secretary may not
      require a validated license for the export of such goods or
      technology to that country.
      (5) Expedited licenses for items available to countries other
        than controlled countries
        (A) In any case in which the Secretary finds that any goods or
      technology from foreign sources is of similar quality to goods or
      technology the export of which requires a validated license under
      this section and is available to a country other than a
      controlled country without effective restrictions, the Secretary
      shall designate such goods or technology as eligible for export
      to such country under this paragraph.
        (B) In the case of goods or technology designated under
      subparagraph (A), then 20 working days after the date of formal
      filing with the Secretary of an individual validated license
      application for the export of those goods or technology to an
      eligible country, a license for the transaction specified in the
      application shall become valid and effective and the goods or
      technology are authorized for export pursuant to such license
      unless the license has been denied by the Secretary on account of
      an inappropriate end user. The Secretary may extend the 20-day
      period provided in the preceding sentence for an additional
      period of 15 days if the Secretary requires additional time to
      consider the application and so notifies the applicant.
        (C) The Secretary may make a foreign availability determination
      under subparagraph (A) on the Secretary's own initiative, upon
      receipt of an allegation from an export license applicant that
      such availability exists, or upon the submission of a
      certification by a technical advisory committee of appropriate
      jurisdiction that such availability exists. Upon receipt of such
      an allegation or certification, the Secretary shall publish
      notice of such allegation or certification in the Federal
      Register and shall make the foreign availability determination
      within 30 days after such receipt and publish the determination
      in the Federal Register. In the case of the failure of the
      Secretary to make and publish such determination within that 30-
      day period, the goods or technology involved shall be deemed to
      be designated as eligible for export to the country or countries
      involved, for purposes of subparagraph (B).
        (D) The provisions of paragraphs (1), (2), (3), and (4) do not
      apply with respect to determinations of foreign availability
      under this paragraph.
      (6) Office of Foreign Availability
        The Secretary shall establish in the Department of Commerce an
      Office of Foreign Availability, which shall be under the
      direction of the Under Secretary of Commerce for Export
      Administration. The Office shall be responsible for gathering and
      analyzing all the necessary information in order for the
      Secretary to make determinations of foreign availability under
      this Act [sections 2401 to 2420 of this Appendix]. The Secretary
      shall make available to the Committee on Foreign Affairs of the
      House of Representatives and the Committee on Banking, Housing,
      and Urban Affairs of the Senate at the end of each 6-month period
      during a fiscal year information on the operations of the Office,
      and on improvements in the Government's ability to assess foreign
      availability, during that 6-month period, including information
      on the training of personnel, the use of computers, and the use
      of Commercial Service Officers of the United States and Foreign
      Commercial Service. Such information shall also include a
      description of representative determinations made under this Act
      [sections 2401 to 2420 of this Appendix] during that 6-month
      period that foreign availability did or did not exist (as the
      case may be), together with an explanation of such
      determinations.
      (7) Sharing of information
        Each department or agency of the United States, including any
      intelligence agency, and all contractors with any such department
      or agency, shall, upon the request of the Secretary and
      consistent with the protection of intelligence sources and
      methods, furnish information to the Office of Foreign
      Availability concerning foreign availability of goods and
      technology subject to export controls under this Act [sections
      2401 to 2420 of this Appendix]. Each such department or agency
      shall allow the Office of Foreign Availability access to any
      information from a laboratory or other facility within such
      department or agency.
      (8) Removal of controls on less sophisticated goods or technology
        In any case in which (!1) Secretary may not, pursuant to
      paragraph (1), (2), (3), or (4) of this subsection or paragraph
      (6) of subsection (h) of this section, require a validated
      license for the export of goods or technology, then the Secretary
      may not require a validated license for the export of any similar
      goods or technology whose function, technological approach,
      performance thresholds, and other attributes that form the basis
      for export controls under this section do not exceed the
      technical parameters of the goods or technology from which the
      validated license requirement is removed under the applicable
      paragraph.

      (9) Notice of all foreign availability assessments
        Whenever the Secretary undertakes a foreign availability
      assessment under this subsection or subsection (h)(6), the
      Secretary shall publish notice of such assessment in the Federal
      Register.
      (10) Availability defined
        For purposes of this subsection and subsections (f) and (h),
      the term "available in fact to controlled countries" includes
      production or availability of any goods or technology in any
      country - 
          (A) from which the goods or technology is not restricted for
        export to any controlled country; or
          (B) in which such export restrictions are determined by the
        Secretary to be ineffective.

      For purposes of subparagraph (B), the mere inclusion of goods or
      technology on a list of goods or technology subject to bilateral
      or multilateral national security export controls shall not alone
      constitute credible evidence that a country provides an effective
      means of controlling the export of such goods or technology to
      controlled countries.
    (g) Indexing
      (1) In order to ensure that requirements for validated licenses
    and other licenses authorizing multiple exports are periodically
    removed as goods or technology subject to such requirements becomes
    obsolete with respect to the national security of the United
    States, regulations issued by the Secretary may, where appropriate,
    provide for annual increases in the performance levels of goods or
    technology subject to any such licensing requirement. The
    regulations issued by the Secretary shall establish as one
    criterion for the removal of goods or technology from such license
    requirements the anticipated needs of the military of controlled
    countries. Any such goods or technology which no longer meets the
    performance levels established by the regulations shall be removed
    from the list established pursuant to subsection (c) of this
    section unless, under such exceptions and under such procedures as
    the Secretary shall prescribe, any other department or agency of
    the United States objects to such removal and the Secretary
    determines, on the basis of such objection, that the goods or
    technology shall not be removed from the list. The Secretary shall
    also consider, where appropriate, removing site visitation
    requirements for goods and technology which are removed from the
    list unless objections described in this subsection are raised.
      (2)(A) In carrying out this subsection, the Secretary shall
    conduct annual reviews of the performance levels of goods or
    technology - 
        (i) which are eligible for export under a distribution license,
        (ii) below which exports to the People's Republic of China
      require only notification of the governments participating in the
      group known as the Coordinating Committee, and
        (iii) below which no authority or permission to export may be
      required under subsection (b)(2) or (b)(3) of this section.

    The Secretary shall make appropriate adjustments to such
    performance levels based on these reviews.
      (B) In any case in which the Secretary receives a request which -
    
        (i) is to revise the qualification requirements or minimum
      thresholds of any goods eligible for export under a distribution
      license, and
        (ii) is made by an exporter of such goods, representatives of
      an industry which produces such goods, or a technical advisory
      committee established under subsection (h) of this section,

    the Secretary, after consulting with other appropriate Government
    agencies and technical advisory committees established under
    subsection (h) of this section, shall determine whether to make
    such revision, or some other appropriate revision, in such
    qualification requirements or minimum thresholds. In making this
    determination, the Secretary shall take into account the
    availability of the goods from sources outside the United States.
    The Secretary shall make a determination on a request made under
    this subparagraph within 90 days after the date on which the
    request is filed. If the Secretary's determination pursuant to such
    a request is to make a revision, such revision shall be implemented
    within 120 days after the date on which the request is filed and
    shall be published in the Federal Register.
    (h) Technical advisory committees
      (1) Upon written request by representatives of a substantial
    segment of any industry which produces any goods or technology
    subject to export controls under this section or being considered
    for such controls because of their significance to the national
    security of the United States, the Secretary shall appoint a
    technical advisory committee for any such goods or technology which
    the Secretary determines are difficult to evaluate because of
    questions concerning technical matters, worldwide availability, and
    actual utilization of production and technology, or licensing
    procedures. Each such committee shall consist of representatives of
    United States industry and Government, including the Departments of
    Commerce, Defense, and State, the intelligence community, and, in
    the discretion of the Secretary, other Government departments and
    agencies. No person serving on any such committee who is a
    representative of industry shall serve on such committee for more
    than four consecutive years.
      (2) Technical advisory committees established under paragraph (1)
    shall advise and assist the Secretary, the Secretary of Defense,
    and any other department, agency, or official of the Government of
    the United States to which the President delegates authority under
    this Act [sections 2401 to 2420 of this Appendix], with respect to
    actions designed to carry out the policy set forth in section
    3(2)(A) of this Act [section 2402(2)(A) of this Appendix]. Such
    committees, where they have expertise in such matters, shall be
    consulted with respect to questions involving (A) technical
    matters, (B) worldwide availability and actual utilization of
    production technology, (C) licensing procedures which affect the
    level of export controls applicable to any goods or technology, (D)
    revisions of the control list (as provided in subsection (c)(4)),
    including proposed revisions of multilateral controls in which the
    United States participates, (E) the issuance of regulations, and
    (F) any other questions relating to actions designed to carry out
    the policy set forth in section 3(2)(A) of this Act [section
    2402(2)(A) of this Appendix]. Nothing in this subsection shall
    prevent the Secretary or the Secretary of Defense from consulting,
    at any time, with any person representing industry or the general
    public, regardless of whether such person is a member of a
    technical advisory committee. Members of the public shall be given
    a reasonable opportunity, pursuant to regulations prescribed by the
    Secretary, to present evidence to such committees.
      (3) Upon request of any member of any such committee, the
    Secretary may, if the Secretary determines it appropriate,
    reimburse such member for travel, subsistence, and other necessary
    expenses incurred by such member in connection with the duties of
    such member.
      (4) Each such committee shall elect a chairman, and shall meet at
    least every three months at the call of the chairman, unless the
    chairman determines, in consultation with the other members of the
    committee, that such a meeting is not necessary to achieve the
    purposes of this subsection. Each such committee shall be
    terminated after a period of 2 years, unless extended by the
    Secretary for additional periods of 2 years. The Secretary shall
    consult each such committee with respect to such termination or
    extension of that committee.
      (5) To facilitate the work of the technical advisory committees,
    the Secretary, in conjunction with other departments and agencies
    participating in the administration of this Act [sections 2401 to
    2420 of this Appendix], shall disclose to each such committee
    adequate information, consistent with national security, pertaining
    to the reasons for the export controls which are in effect or
    contemplated for the goods or technology with respect to which that
    committee furnishes advice.
      (6) Whenever a technical advisory committee certifies to the
    Secretary that goods or technology with respect to which such
    committee was appointed have become available in fact, to
    controlled countries, from sources outside the United States,
    including countries which participate with the United States in
    multilateral export controls, in sufficient quantity and of
    comparable quality so that requiring a validated license for the
    export of such goods or technology would be ineffective in
    achieving the purpose set forth in subsection (a) of this section,
    the technical advisory committee shall submit that certification to
    the Congress at the same time the certification is made to the
    Secretary, together with the documentation for the certification.
    The Secretary shall investigate the foreign availability so
    certified and, not later than 90 days after the certification is
    made, shall submit a report to the technical advisory committee and
    the Congress stating that - 
        (A) the Secretary has removed the requirement of a validated
      license for the export of the goods or technology, on account of
      the foreign availability,
        (B) the Secretary has recommended to the President that
      negotiations be conducted to eliminate the foreign availability,
      or
        (C) the Secretary has determined on the basis of the
      investigation that the foreign availability does not exist.

    To the extent necessary, the report may be submitted on a
    classified basis. In any case in which the Secretary has
    recommended to the President that negotiations be conducted to
    eliminate the foreign availability, the President shall actively
    pursue such negotiations with the governments of the appropriate
    foreign countries. If, within 6 months after the Secretary submits
    such report to the Congress, the foreign availability has not been
    eliminated, the Secretary may not, after the end of that 6-month
    period, require a validated license for the export of the goods or
    technology involved. The President may extend the 6-month period
    described in the preceding sentence for an additional period of 12
    months if the President certifies to the Congress that the
    negotiations involved are progressing and that the absence of the
    export control involved would prove detrimental to the national
    security of the United States. After an agreement is reached with a
    country pursuant to negotiations under this paragraph to eliminate
    foreign availability of goods or technology, the Secretary may not
    require a validated license for the export of such goods or
    technology to that country.
    (i) Multilateral export controls
      Recognizing the ineffectiveness of unilateral controls and the
    importance of uniform enforcement measures to the effectiveness of
    multilateral controls, the President shall enter into negotiations
    with the governments participating in the group known as the
    Coordinating Committee (hereinafter in this subsection referred to
    as the "Committee") with a view toward accomplishing the following
    objectives:
        (1) Enhanced public understanding of the Committee's purpose
      and procedures, including publication of the list of items
      controlled for export by agreement of the Committee, together
      with all notes, understandings, and other aspects of such
      agreement of the Committee, and all changes thereto.
        (2) Periodic meetings of high-level representatives of
      participating governments for the purpose of coordinating export
      control policies and issuing policy guidance to the Committee.
        (3) Strengthened legal basis for each government's export
      control system, including, as appropriate, increased penalties
      and statutes of limitations.
        (4) Harmonization of export control documentation by the
      participating governments to verify the movement of goods and
      technology subject to controls by the Committee.
        (5) Improved procedures for coordination and exchange of
      information concerning violations of the agreement of the
      Committee.
        (6) Procedures for effective implementation of the agreement
      through uniform and consistent interpretations of export controls
      agreed to by the governments participating in the Committee.
        (7) Coordination of national licensing and enforcement efforts
      by governments participating in the Committee, including
      sufficient technical expertise to assess the licensing status of
      exports and to ensure end-use verification.
        (8) More effective procedures for enforcing export controls,
      including adequate training, resources, and authority for
      enforcement officers to investigate and prevent illegal exports.
        (9) Agreement to provide adequate resources to enhance the
      functioning of individual national export control systems and of
      the Committee.
        (10) Improved enforcement and compliance with the agreement
      through elimination of unnecessary export controls and
      maintenance of an effective control list.
        (11) Agreement to enhance cooperation among members of the
      Committee in obtaining the agreement of governments outside the
      Committee to restrict the export of goods and technology on the
      International Control List, to establish an ongoing mechanism in
      the Committee to coordinate planning and implementation of export
      control measures related to such agreements, and to remove items
      from the International Control List if such items continue to be
      available to controlled countries or if the control of the items
      no longer serves the common strategic objectives of the members
      of the Committee.

    For purposes of reviews of the International Control List, the
    President may include as advisors to the United States delegation
    to the Committee representatives of industry who are knowledgeable
    with respect to the items being reviewed.
    (j) Commercial agreements with certain countries
      (1) Any United States firm, enterprise, or other nongovernmental
    entity which enters into an agreement with any agency of the
    government of a controlled country, that calls for the
    encouragement of technical cooperation and that is intended to
    result in the export from the United States to the other party of
    unpublished technical data of United States origin, shall report to
    the Secretary the agreement with such agency in sufficient detail.
      (2) The provisions of paragraph (1) shall not apply to colleges,
    universities, or other educational institutions.
    (k) Negotiations with other countries
      The Secretary of State, in consultation with the Secretary of
    Defense, the Secretary of Commerce, and the heads of other
    appropriate departments and agencies, shall be responsible for
    conducting negotiations with other countries, including those
    countries not participating in the group known as the Coordinating
    Committee, regarding their cooperation in restricting the export of
    goods and technology in order to carry out the policy set forth in
    section 3(9) of this Act [section 2402(9) of this Appendix], as
    authorized by subsection (a) of this section, including
    negotiations with respect to which goods and technology should be
    subject to multilaterally agreed export restrictions and what
    conditions should apply for exceptions from those restrictions. In
    cases where such negotiations produce agreements on export
    restrictions comparable in practice to those maintained by the
    Coordinating Committee, the Secretary shall treat exports, whether
    by individual or multiple licenses, to countries party to such
    agreements in the same manner as exports to members of the
    Coordinating Committee are treated, including the same manner as
    exports are treated under subsection (b)(2) of this section and
    section 10(o) of this Act [section 2409(o) of this Appendix].
    (l) Diversion of controlled goods or technology
      (1) Whenever there is reliable evidence, as determined by the
    Secretary, that goods or technology which were exported subject to
    national security controls under this section to a controlled
    country have been diverted to an unauthorized use or consignee in
    violation of the conditions of an export license, the Secretary for
    as long as that diversion continues - 
        (A) shall deny all further exports, to or by the party or
      parties responsible for that diversion or who conspired in that
      diversion, of any goods or technology subject to national
      security controls under this section, regardless of whether such
      goods or technology are available from sources outside the United
      States; and
        (B) may take such additional actions under this Act [sections
      2401 to 2420 of this Appendix] with respect to the party or
      parties referred to in subparagraph (A) as the Secretary
      determines are appropriate in the circumstances to deter the
      further unauthorized use of the previously exported goods or
      technology.

      (2) As used in this subsection, the term "unauthorized use" means
    the use of United States goods or technology in the design,
    production, or maintenance of any item on the United States
    Munitions List, or the military use of any item on the
    International Control List of the Coordinating Committee.
    (m) Goods containing controlled parts and components
      Export controls may not be imposed under this section, or under
    any other provision of law, on a good solely on the basis that the
    good contains parts or components subject to export controls under
    this section if such parts or components - 
        (1) are essential to the functioning of the good,
        (2) are customarily included in sales of the good in countries
      other than controlled countries, and
        (3) comprise 25 percent or less of the total value of the good,

    unless the good itself, if exported, would by virtue of the
    functional characteristics of the good as a whole make a
    significant contribution to the military potential of a controlled
    country which would prove detrimental to the national security of
    the United States.
    (n) Security measures
      The Secretary and the Commissioner of Customs, consistent with
    their authorities under section 12(a) of this Act [section 2411(a)
    of this Appendix], and in consultation with the Director of the
    Federal Bureau of Investigation, shall provide advice and technical
    assistance to persons engaged in the manufacture or handling of
    goods or technology subject to export controls under this section
    to develop security systems to prevent violations or evasions of
    those export controls.
    (o) Recordkeeping
      The Secretary, the Secretary of Defense, and any other department
    or agency consulted in connection with a license application under
    this Act [sections 2401 to 2420 of this Appendix] or a revision of
    a list of goods or technology subject to export controls under this
    Act [sections 2401 to 2420 of this Appendix], shall make and keep
    records of their respective advice, recommendations, or decisions
    in connection with any such license application or revision,
    including the factual and analytical basis of the advice,
    recommendations, or decisions.
    (p) National Security Control Office
      To assist in carrying out the policy and other authorities and
    responsibilities of the Secretary of Defense under this section,
    there is established in the Department of Defense a National
    Security Control Office under the direction of the Under Secretary
    of Defense for Policy. The Secretary of Defense may delegate to
    that office such of those authorities and responsibilities,
    together with such ancillary functions, as the Secretary of Defense
    considers appropriate.
    (q) Exclusion for agricultural commodities
      This section does not authorize export controls on agricultural
    commodities, including fats, oils, and animal hides and skins.

-SOURCE-
    (Pub. L. 96-72, Sec. 5, Sept. 29, 1979, 93 Stat. 506; Pub. L. 99-
    64, title I, Secs. 105(a)-(c)(1), (d)-(j), 106, 107, July 12,
    1985, 99 Stat. 123-129; Pub. L. 100-418, title II, Secs. 2413-
    2418(b), 2419, 2420(a), 2421, 2422, 2446, Aug. 23, 1988, 102 Stat.
    1347-1358, 1369.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2404, Pub. L. 91-184, Sec. 5, Dec. 30, 1969, 83
    Stat. 843; Pub. L. 92-412, title I, Sec. 105, Aug. 29, 1972, 86
    Stat. 645; Pub. L. 93-500, Secs. 3(c), (d), 5(b), (c), 6, Oct. 29,
    1974, 88 Stat. 1553, 1554; Pub. L. 95-52, title I, Sec. 111, June
    22, 1977, 91 Stat. 240, setting forth determinations, limitations,
    etc., respecting the control and monitoring of exports, expired on
    Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 2413, inserted
    provision defining "affiliates" to include both governmental
    entities and commercial entities that are controlled in fact by
    controlled countries.
      Subsec. (a)(4) to (6). Pub. L. 100-418, Sec. 2414, added pars.
    (4) to (6).
      Subsec. (b)(2). Pub. L. 100-418, Sec. 2415(a), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "No
    authority or permission to export may be required under this
    section before goods or technology are exported in the case of
    exports to a country which maintains export controls on such goods
    or technology cooperatively with the United States pursuant to the
    agreement of the group known as the Coordinating Committee, if the
    goods or technology is at such a level of performance
    characteristics that the export of the goods or technology to
    controlled countries requires only notification of the
    participating governments of the Coordinating Committee."
      Subsec. (b)(3). Pub. L. 100-418, Sec. 2415(b), added par. (3).
      Subsec. (c)(2). Pub. L. 100-418, Sec. 2416(a), substituted "If
    the Secretary and the Secretary of Defense are unable to concur on
    such items, as determined by the Secretary, the Secretary of
    Defense may, within 20 days after receiving notification of the
    Secretary's determination, refer the matter to the President for
    resolution. The Secretary of Defense shall notify the Secretary of
    any such referral. The President shall, not later than 20 days
    after such referral, notify the Secretary of his determination with
    respect to the inclusion of such items on the list. Failure of the
    Secretary of Defense to notify the President or the Secretary, or
    failure of the President to notify the Secretary, in accordance
    with this paragraph, shall be deemed by the Secretary to constitute
    concurrence in the implementation of the actions proposed by the
    Secretary regarding the inclusion of such items on the list." for
    "If the Secretary and the Secretary of Defense are unable to concur
    on such items, the matter shall be referred to the President for
    resolution."
      Subsec. (c)(3). Pub. L. 100-418, Sec. 2416(b)(1), amended par.
    (3) generally. Prior to amendment, par. (3) read as follows: "The
    Secretary shall review the list established pursuant to this
    subsection at least once each year in order to carry out the policy
    set forth in section 3(2)(A) of this Act and the provisions of this
    section, and shall promptly make such revisions of the list as may
    be necessary after each such review. Before beginning each annual
    review, the Secretary shall publish notice of that annual review in
    the Federal Register. The Secretary shall provide an opportunity
    during such review for comment and the submission of data, with or
    without oral presentation, by interested Government agencies and
    other affected or potentially affected parties. The Secretary shall
    publish in the Federal Register any revisions in the list, with an
    explanation of the reasons for the revisions. The Secretary shall
    further assess, as part of such review, the availability from
    sources outside the United States of goods and technology
    comparable to those subject to export controls imposed under this
    section."
      Subsec. (c)(4). Pub. L. 100-418, Sec. 2416(b)(3), added par. (4).
      Subsec. (c)(5). Pub. L. 100-418, Sec. 2416(c)(1), added par. (5).
      Subsec. (c)(6), (7). Pub. L. 100-418, Sec. 2416(c)(2), (3), added
    pars. (6) and (7).
      Subsec. (d)(5). Pub. L. 100-418, Sec. 2416(b)(2), substituted "on
    an ongoing basis" for "at least annually".
      Subsec. (e)(6). Pub. L. 100-418, Sec. 2417, added par. (6).
      Subsec. (f). Pub. L. 100-418, Sec. 2418(a), amended subsec.
    generally, revising and restating as pars. (1) to (10) provisions
    of former pars. (1) to (7).
      Subsec. (g). Pub. L. 100-418, Sec. 2419, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (h)(2). Pub. L. 100-418, Sec. 2420(a), added cls. (D) and
    (E), redesignated former cl. (E) as (F), and struck out former cl.
    (D) which read as follows: "exports subject to multilateral
    controls in which the United States participates, including
    proposed revisions of any such multilateral controls, and".
      Subsec. (h)(6). Pub. L. 100-418, Sec. 2418(b), inserted at end
    "After an agreement is reached with a country pursuant to
    negotiations under this paragraph to eliminate foreign availability
    of goods or technology, the Secretary may not require a validated
    license for the export of such goods or technology to that
    country."
      Subsec. (i). Pub. L. 100-418, Sec. 2421, substituted "Recognizing
    the ineffectiveness of unilateral controls and the importance of
    uniform enforcement measures to the effectiveness of multilateral
    controls, the President" for "The President" and inserted sentence
    at end authorizing the President, for purposes of reviews of the
    International Control List, to include as advisors to the United
    States delegation to the Committee representatives of industry who
    are knowledgeable with respect to the items being reviewed.
      Subsec. (i)(1) to (11). Pub. L. 100-418, Sec. 2446, completely
    revised and expanded provisions enumerating the objectives of the
    negotiations, adding pars. (1) to (11) and striking out former
    pars. (1) to (9).
      Subsec. (m). Pub. L. 100-418, Sec. 2422, amended subsec.
    generally, substituting provision relating to goods containing
    controlled parts and components for provision relating to goods
    containing microprocessors.
      1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 105(a)(1), inserted
    sentence providing that the authority contained in this subsection
    includes the authority to prohibit or curtail the transfer of goods
    or technology within the United States to embassies and affiliates
    of controlled countries.
      Subsec. (a)(2). Pub. L. 99-64, Sec. 105(a)(2), struck out
    designation "(A)" before "Whenever the Secretary makes any
    revision", and struck out subpar. (B) which read as follows:
    "Whenever the Secretary denies any export license under this
    section, the Secretary shall specify in the notice to the applicant
    of the denial of such license that the license was denied under the
    authority contained in this section. The Secretary shall also
    include in such notice what, if any, modifications in or
    restrictions on the goods or technology for which the license was
    sought would allow such export to be compatible with controls
    imposed under this section, or the Secretary shall indicate in such
    notice which officers and employees of the Department of Commerce
    who are familiar with the application will be made reasonably
    available to the applicant for consultation with regard to such
    modifications or restriction, if appropriate."
      Subsec. (a)(3). Pub. L. 99-64, Sec. 105(a)(3), struck out "Such
    regulations shall not be based upon the assumption that such
    effective safeguards can be devised."
      Subsec. (b)(1). Pub. L. 99-64, Sec. 105(b)(1), designated
    existing provisions as par. (1) and provided that the President
    shall establish to a list of controlled countries which may be
    expanded or reduced by the President based upon certain enumerated
    factors, and struck out provisions which had stated that the policy
    of the United States toward individual countries should not be
    determined exclusively on the basis of that country's Communist or
    non-Communist status but rather on the country's relationships to
    the United States and countries friendly to the United States.
      Pub. L. 99-64, Sec. 105(b)(3), substituted "set forth in this
    paragraph" for "specified in the preceding sentence" in last
    sentence.
      Subsec. (b)(2). Pub. L. 99-64, Sec. 105(b)(2), added par. (2).
      Subsec. (c)(1). Pub. L. 99-64, Sec. 105(c)(1)(A), struck out
    "commodity" before "control list".
      Subsec. (c)(3). Pub. L. 99-64, Sec. 105(c)(1)(B), amended par.
    (3) generally. Prior to amendment, par. (3) read as follows: "The
    Secretary shall issue regulations providing for review of the list
    established pursuant to this subsection not less frequently than
    every 3 years in the case of controls maintained cooperatively with
    other countries, and annually in the case of all other controls, in
    order to carry out the policy set forth in section 3(2)(A) and the
    provisions of this section, and for the prompt issuance of such
    revisions of the list as may be necessary. Such regulations shall
    provide interested Government agencies and other affected or
    potentially affected parties with an opportunity, during such
    review, to submit written data, views, or arguments, with or
    without oral presentation. Such regulations shall further provide
    that, as part of such review, an assessment be made of the
    availability from sources outside the United States, or any of its
    territories or possessions, of goods and technology comparable to
    those controlled under this section. The Secretary and any agency
    rendering advice with respect to export controls shall keep
    adequate records of all decisions made with respect to revision of
    the list of controlled goods and technology, including the factual
    and analytical basis for the decision, and, in the case of the
    Secretary, any dissenting recommendations received from any
    agency."
      Subsec. (d)(2). Pub. L. 99-64, Sec. 106(a)(1), added subpar. (D)
    and in provisions following subpar. (D) substituted ", or available
    in fact from sources outside the United States to, controlled
    countries" for "countries to which exports are controlled under
    this section".
      Subsec. (d)(4) to (7). Pub. L. 99-64, Sec. 106(a)(2), added pars.
    (4) to (7) and struck out former pars. (4) to (6) which read as
    follows:
      "(4) The initial version of the list referred to in paragraph (2)
    shall be completed and published in an appropriate form in the
    Federal Register not later than October 1, 1980.
      "(5) The list of militarily critical technologies developed
    primarily by the Secretary of Defense pursuant to paragraph (2)
    shall become a part of the commodity control list, subject to the
    provisions of subsection (c) of this section.
      "(6) The Secretary of Defense shall report annually to the
    Congress on actions taken to carry out this subsection."
      Subsec. (e)(1). Pub. L. 99-64, Sec. 105(d)(1), substituted "the
    multiple validated export licenses described in section 4(a)(2) of
    this Act in lieu of individual validated licenses" for "a qualified
    general license in lieu of a validated license".
      Subsec. (e)(3) to (5). Pub. L. 99-64, Sec. 105(d)(2), added pars.
    (3) to (5) and struck out former pars. (3) and (4) which read as
    follows:
      "(3) To the maximum extent practicable, consistent with the
    national security of the United States, the Secretary shall require
    a qualified general license, in lieu of a validated license, under
    this section for the export of goods or technology if the export of
    such goods or technology is restricted pursuant to a multilateral
    agreement, formal or informal, to which the United States is a
    party, but such export does not require the specific approval of
    the parties to such multilateral agreement.
      "(4) Not later than July 1, 1980, the Secretary shall establish
    procedures for the approval of goods and technology that may be
    exported pursuant to a qualified general license."
      Subsec. (f)(1). Pub. L. 99-64, Sec. 107(a), (i), (j)(1), inserted
    "the Secretary of Defense and other" after "The Secretary, in
    consultation with", and substituted "controlled countries" for
    "such destinations" and "comparable quality" for "sufficient
    quality".
      Subsec. (f)(2). Pub. L. 99-64, Sec. 107(i), substituted
    "comparable quality" for "sufficient quality".
      Subsec. (f)(3). Pub. L. 99-64, Sec. 107(b), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "With
    respect to export controls imposed under this section, any
    determination of foreign availability which is the basis of a
    decision to grant a license for, or to remove a control on, the
    export of a good or technology, shall be made in writing and shall
    be supported by reliable evidence, including scientific or physical
    examination, expert opinion based upon adequate factual
    information, or intelligence information. In assessing foreign
    availability with respect to license applications, uncorroborated
    representations by applicants shall not be deemed sufficient
    evidence of foreign availability."
      Subsec. (f)(4). Pub. L. 99-64, Sec. 107(c), (j)(2), substituted
    first three sentences for "sentence providing that in any case in
    which, in accordance with this subsection, export controls are
    imposed under this section notwithstanding foreign availability,
    the President shall take steps to initiate negotiations with the
    governments of the appropriate foreign countries for the purpose of
    eliminating such availability", and substituted "controlled
    countries" for "countries to which exports are controlled under
    this section".
      Subsec. (f)(5). Pub. L. 99-64, Sec. 107(d)(1), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows: "In order
    to further carry out the policies set forth in this Act, the
    Secretary shall establish, within the Office of Export
    Administration of the Department of Commerce, a capability to
    monitor and gather information with respect to the foreign
    availability of any goods or technology subject to export controls
    under this Act."
      Subsec. (f)(6). Pub. L. 99-64, Sec. 107(d)(2), substituted
    "Office of Foreign Availability" for "Office of Export
    Administration".
      Subsec. (f)(7). Pub. L. 99-64, Sec. 107(e), added par. (7).
      Subsec. (g). Pub. L. 99-64, Sec. 105(e), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "In
    order to ensure that requirements for validated licenses and
    qualified general licenses are periodically removed as goods or
    technology subject to such requirements become obsolete with
    respect to the national security of the United States, regulations
    issued by the Secretary may, where appropriate, provide for annual
    increases in the performance levels of goods or technology subject
    to any such licensing requirement. Any such goods or technology
    which no longer meet the performance levels established by the
    latest such increase shall be removed from the list established
    pursuant to subsection (c) of this section unless, under such
    exceptions and under such procedures as the Secretary shall
    prescribe, any other department or agency of the United States
    objects to such removal and the Secretary determines, on the basis
    of such objection, that the goods or technology shall not be
    removed from the list. The Secretary shall also consider, where
    appropriate, removing site visitation requirements for goods and
    technology which are removed from the list unless objections
    described in this subsection are raised."
      Subsec. (h)(1). Pub. L. 99-64, Sec. 107(f)(1), inserted reference
    to the intelligence community.
      Subsec. (h)(2)(E). Pub. L. 99-64, Sec. 107(f)(2), added cl. (E).
      Subsec. (h)(6). Pub. L. 99-64, Sec. 107(f)(3), (i), (j)(2),
    substituted "controlled countries" for "countries to which exports
    are controlled under this section", "comparable quality" for
    "sufficient quality", and "the technical advisory committee shall
    submit that certification to the Congress at the same time the
    certification is made to the Secretary, together with the
    documentation for the certification" for "and provides adequate
    documentation for such certification, in accordance with the
    procedures established pursuant to subsection (f)(1) of this
    section, the Secretary shall investigate such availability, and if
    such availability is verified, the Secretary shall remove the
    requirement of a validated license for the export of the goods or
    technology, unless the President determines that the absence of
    export controls under this section would prove detrimental to the
    national security of the United States", struck out provision that,
    in any case in which the President determined that export controls
    under this section had to be maintained notwithstanding foreign
    availability, the Secretary had to publish that determination
    together with a concise statement of its basis and the estimated
    economic impact of the decision, inserted provisions directing the
    Secretary to investigate certified foreign availability and, not
    later than 90 days after the certification is made, submit a report
    to the technical advisory committee and the Congress, and added
    subpars. (A) to (C) and concluding provision.
      Subsec. (i)(3). Pub. L. 99-64, Sec. 105(f)(1), (2), redesignated
    par. (4) as (3) and substituted "agreed to by members of the
    Committee" for "agreed to pursuant to paragraph (3)", and struck
    out former par. (3) relating to agreement to reduce the scope of
    the export controls imposed by agreement of the Committee to a
    level acceptable to and enforceable by all governments
    participating in the Committee.
      Subsec. (i)(4) to (9). Pub. L. 99-64, Sec. 105(f)(3), added pars.
    (4) to (9). Former par. (4) redesignated (3).
      Subsec. (j)(1). Pub. L. 99-64, Sec. 105(g), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "Any
    United States firm, enterprise, or other nongovernmental entity
    which, for commercial purposes, enters into any agreement with any
    agency of the government of a country to which exports are
    restricted for national security purposes, which agreement cites an
    intergovernmental agreement (to which the United States and such
    country are parties) calling for the encouragement of technical
    cooperation and is intended to result in the export from the United
    States to the other party of unpublished technical data of United
    States origin, shall report the agreement with such agency to the
    Secretary."
      Subsec. (k). Pub. L. 99-64, Sec. 105(h), inserted ", including
    those countries not participating in the group known as the
    Coordinating Committee," after "conducting negotiations with other
    countries", and inserted provision that, in cases where such
    negotiations produce agreements on export restrictions comparable
    in practice to those maintained by the Coordinating Committee, the
    Secretary shall treat exports, whether by individual or multiple
    licenses, to countries party to such agreements in the same manner
    as exports to members of the Coordinating Committee are treated,
    including the same manner as exports are treated under subsection
    (b)(2) of this section and section 10(o) of this Act.
      Subsec. (l). Pub. L. 99-64, Sec. 105(i), struck out "to military
    use" after "Diversion" in heading, and amended text of subsec. (l),
    generally. Prior to amendment, subsec. (l) read as follows:
      "(1) Whenever there is reliable evidence that goods or
    technology, which were exported subject to national security
    controls under this section to a country to which exports are
    controlled for national security purposes, have been diverted to
    significant military use in violation of the conditions of an
    export license, the Secretary for as long as that diversion to
    significant military use continues - 
        "(A) shall deny all further exports to the party responsible
      for that diversion of any goods or technology subject to national
      security controls under this section which contribute to that
      particular military use, regardless of whether such goods or
      technology are available to that country from sources outside the
      United States; and
        "(B) may take such additional steps under this Act with respect
      to the party referred to in subparagraph (A) as are feasible to
      deter the further military use of the previously exported goods
      or technology.
      "(2) As used in this subsection, the terms 'diversion to
    significant military use' and 'significant military use' means the
    use of United States goods or technology to design or produce any
    item on the United States Munitions List."
      Subsecs. (m) to (q). Pub. L. 99-64, Sec. 105(j), added subsecs.
    (m) to (q).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 105(c)(2) of Pub. L. 99-64 provided that: "The amendment
    made by paragraph (1)(B) of this subsection [amending this section]
    shall take effect on October 1, 1985."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(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.

                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix, with the
    exception of the functions conferred upon the President under
    subsecs. (f)(4) and (i) of this section which were delegated to the
    Secretary of State and the functions conferred upon the President
    under subsecs. (c), (f)(1), and (h)(6) of this section which were
    reserved to the President.


-MISC3-
      REVIEW OF EXPORT PROTECTIONS FOR MILITARY SUPERIORITY RESOURCES  
      Pub. L. 108-136, div. A, title XII, Sec. 1211, Nov. 24, 2003, 117
    Stat. 1650, provided that:
      "(a) Review Required. - The Secretary of Defense shall carry out
    a review - 
        "(1) to identify goods or technology (as defined in section 16
      of the Export Administration Act of 1979 (50 U.S.C. App. 2415))
      that, if obtained by a potential adversary, could significantly
      undermine the military superiority or qualitative military
      advantage of the United States over potential adversaries or
      otherwise contribute to the acquisition of weapons of mass
      destruction and their delivery systems; and
        "(2) to determine whether any of the items or technologies
      identified under paragraph (1) are not currently controlled for
      export purposes on either the Commerce Control List or the United
      States Munitions List.
      "(b) Annual Reports. - (1) Not later than March 1, 2004, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the
    House of Representatives an unclassified report, with a classified
    annex as necessary, on the results of the review under subsection
    (a).
      "(2) For each of the next two years after the submission of the
    report under paragraph (1), the Secretary shall submit to those
    committees an update on that report. Such updates shall be
    submitted not later than March 1, 2005, and not later than March 1,
    2006."

       REVIEW OF PROPOSED CHANGES TO EXPORT THRESHOLDS FOR COMPUTERS   
      Pub. L. 106-554, Sec. 1(a)(2) [title III, Sec. 314], Dec. 21,
    2000, 114 Stat. 2763, 2763A-123, provided that: "Not more than 50
    days after the date of the submission of the report referred to in
    subsection (d) of section 1211 of the National Defense
    Authorization Act for Fiscal Year 1998 [Pub. L. 105-85] (50 U.S.C.
    App. 2404 note), the Comptroller General of the United States shall
    submit an assessment to Congress which contains an analysis of the
    new computer performance levels being proposed by the President
    under such section."

     RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE TO OTHER
           AGENCIES FOR PURPOSE OF NATIONAL SECURITY ASSESSMENT
      Pub. L. 105-261, div. A, title XV, Sec. 1522, Oct. 17, 1998, 112
    Stat. 2179, provided that:
      "(a) Release of Export Information. - The Secretary of Commerce
    shall, upon the written request of an official specified in
    subsection (c), transmit to that official any information relating
    to exports that is held by the Department of Commerce and is
    requested by that official for the purpose of assessing national
    security risks. The Secretary shall transmit such information
    within 10 business days after receiving such a request.
      "(b) Nature of Information. - The information referred to in
    subsection (a) includes information concerning - 
        "(1) export licenses issued by the Department of Commerce;
        "(2) exports that were carried out under an export license
      issued by the Department of Commerce; and
        "(3) exports from the United States that were carried out
      without an export license.
      "(c) Requesting Officials. - The officials referred to in
    subsection (a) are the Secretary of State, the Secretary of
    Defense, the Secretary of Energy, and the Director of Central
    Intelligence. Each of those officials may delegate to any other
    official within their respective departments and agency the
    authority to request information under subsection (a)."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

               EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS           
      Pub. L. 105-85, div. A, title XII, subtitle B, Nov. 18, 1997, 111
    Stat. 1932, as amended by Pub. L. 105-261, div. A, title XV, Sec.
    1524, Oct. 17, 1998, 112 Stat. 2180; Pub. L. 106-65, div. A, title
    X, Sec. 1067(4), title XIV, Sec. 1407(c), Oct. 5, 1999, 113 Stat.
    774, 801; Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec.
    1234(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-330, provided that:

      "SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.
      "(a) Prior Approval of Exports and Reexports. - The President
    shall require that no digital computer with a composite theoretical
    performance level of more than 2,000 millions of theoretical
    operations per second (MTOPS) or with such other composite
    theoretical performance level as may be established subsequently by
    the President under subsection (d), may be exported or reexported
    without a license to a country specified in subsection (b) if the
    Secretary of Commerce, the Secretary of Defense, the Secretary of
    Energy, the Secretary of State, or the Director of the Arms Control
    and Disarmament Agency objects, in writing, to such export or
    reexport. Any person proposing to export or reexport such a digital
    computer shall so notify the Secretary of Commerce, who, within 24
    hours after receiving the notification, shall transmit the
    notification to the Secretary of Defense, the Secretary of Energy,
    the Secretary of State, and the Director of the Arms Control and
    Disarmament Agency.
      "(b) Covered Countries. - For purposes of subsection (a), the
    countries specified in this subsection are the countries listed as
    'Computer Tier 3' eligible countries in section 740.7(d) of title
    15 of the Code of Federal Regulations, as in effect on June 10,
    1997, subject to modification by the President under subsection
    (e).
      "(c) Time Limit. - Written objections under subsection (a) to an
    export or reexport shall be raised within 10 days after the
    notification is received under subsection (a). If such a written
    objection to the export or reexport of a computer is raised, the
    computer may be exported or reexported only pursuant to a license
    issued by the Secretary of Commerce under the Export Administration
    Regulations of the Department of Commerce, without regard to the
    licensing exceptions otherwise authorized under section 740.7 of
    title 15 of the Code of Federal Regulations, as in effect on June
    10, 1997. If no objection is raised within the 10-day period, the
    export or reexport is authorized.
      "(d) Adjustment of Composite Theoretical Performance. - The
    President, in consultation with the Secretary of Commerce, the
    Secretary of Defense, the Secretary of Energy, the Secretary of
    State, and the Director of the Arms Control and Disarmament Agency,
    may establish a new composite theoretical performance level for
    purposes of subsection (a). Such new level shall not take effect
    until 60 days after the President submits to the congressional
    committees designated in section 1215 a report setting forth the
    new composite theoretical performance level and the justification
    for such new level. Each report shall, at a minimum - 
        "(1) address the extent to which high performance computers of
      a composite theoretical level between the level established in
      subsection (a) or such level as has been previously adjusted
      pursuant to this section and the new level, are available from
      other countries;
        "(2) address all potential uses of military significance to
      which high performance computers at the new level could be
      applied; and
        "(3) assess the impact of such uses on the national security
      interests of the United States.
      "(e) Adjustment of Covered Countries. - 
        "(1) In general. - The President, in consultation with the
      Secretary of Commerce, the Secretary of Defense, the Secretary of
      Energy, the Secretary of State, and the Director of the Arms
      Control and Disarmament Agency, may add a country to or remove a
      country from the list of covered countries in subsection (b),
      except that a country may be removed from the list only in
      accordance with paragraph (2).
        "(2) Deletions from list of covered countries. - The removal of
      a country from the list of covered countries under subsection (b)
      shall not take effect until 120 days after the President submits
      to the congressional committees designated in section 1215 a
      report setting forth the justification for the deletion.
        "(3) Excluded countries. - A country may not be removed from
      the list of covered countries under subsection (b) if - 
          "(A) the country is a 'nuclear-weapon state' (as defined by
        Article IX of the Treaty on the Non-Proliferation of Nuclear
        Weapons) and the country is not a member of the North Atlantic
        Treaty Organization; or
          "(B) the country is not a signatory of the Treaty on the Non-
        Proliferation of Nuclear Weapons and the country is listed on
        Annex 2 to the Comprehensive Nuclear Test-Ban Treaty.
      "(f) Classification. - Each report under subsections (d) and (e)
    shall be submitted in an unclassified form and may, if necessary,
    have a classified supplement.
      "(g) Delegation of Objection Authority Within the Department of
    Defense. - For the purposes of the Department of Defense, the
    authority to issue an objection referred to in subsection (a) shall
    be executed for the Secretary of Defense by an official at the
    Assistant Secretary level within the office of the Under Secretary
    of Defense for Policy. In implementing subsection (a), the
    Secretary of Defense shall ensure that Department of Defense
    procedures maximize the ability of the Department of Defense to be
    able to issue an objection within the 10-day period specified in
    subsection (c).
      "(h) Calculation of 60-Day Period. - The 60-day period referred
    to in subsection (d) shall be calculated by excluding the days on
    which either House of Congress is not in session because of an
    adjournment of the Congress sine die.

      "SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.
      "(a) Report. - Not later than 60 days after the date of the
    enactment of this Act [Nov. 18, 1997], the President shall provide
    to the congressional committees specified in section 1215 a report
    identifying all exports of digital computers with a composite
    theoretical performance of more than 2,000 millions of theoretical
    operations per second (MTOPS) to all countries since January 25,
    1996. For each export, the report shall identify - 
        "(1) whether an export license was applied for and whether one
      was granted;
        "(2) the date of the transfer of the computer;
        "(3) the United States manufacturer and exporter of the
      computer;
        "(4) the MTOPS level of the computer; and
        "(5) the recipient country and end user.
      "(b) Additional Information on Exports to Certain Countries. - In
    the case of exports to countries specified in subsection (c), the
    report under subsection (a) shall identify the intended end use for
    the exported computer and the assessment by the executive branch of
    whether the end user is a military end user or an end user involved
    in activities relating to nuclear, chemical, or biological weapons
    or missile technology. Information provided under this subsection
    may be submitted in classified form if necessary.
      "(c) Covered Countries. - For purposes of subsection (b), the
    countries specified in this subsection are - 
        "(1) the countries listed as 'Computer Tier 3' eligible
      countries in section 740.7(d) of title 15 of the Code of Federal
      Regulations, as in effect on June 10, 1997; and
        "(2) the countries listed in section 740.7(e) of title 15 of
      the Code of Federal Regulations, as in effect on June 10, 1997.

      "SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH
        PERFORMANCE COMPUTERS.
      "(a) Required Post-Shipment Verification. - The Secretary of
    Commerce shall conduct post-shipment verification of each digital
    computer with a composite theoretical performance of more than
    2,000 millions of theoretical operations per second (MTOPS) that is
    exported from the United States, on or after the date of the
    enactment of this Act [Nov. 18, 1998], to a country specified in
    subsection (b).
      "(b) Covered Countries. - For purposes of subsection (a), the
    countries specified in this subsection are the countries listed as
    'Computer Tier 3' eligible countries in section 740.7 of title 15
    of the Code of Federal Regulations, as in effect on June 10, 1997,
    subject to modification by the President under section 1211(e).
      "(c) Annual Report. - The Secretary of Commerce shall submit to
    the congressional committees specified in section 1215 an annual
    report on the results of post-shipment verifications conducted
    under this section during the preceding year. Each such report
    shall include a list of all such items exported from the United
    States to such countries during the previous year and, with respect
    to each such export, the following:
        "(1) The destination country.
        "(2) The date of export.
        "(3) The intended end use and intended end user.
        "(4) The results of the post-shipment verification.
      "(d) Explanation When Verification Not Conducted. - If a post-
    shipment verification has not been conducted in accordance with
    subsection (a) with respect to any such export during the period
    covered by a report, the Secretary shall include in the report for
    that period a detailed explanation of the reasons why such a post-
    shipment verification was not conducted.
      "(e) Adjustment of Performance Levels. - Whenever a new composite
    theoretical performance level is established under section 1211(d),
    that level shall apply for purposes of subsection (a) of this
    section in lieu of the level set forth in subsection (a).

      "SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION
        ASSISTANCE.
      "(a) In General. - The Comptroller General of the United States
    shall submit to the congressional committees specified in section
    1215 a study of the national security risks relating to the sale of
    computers with a composite theoretical performance of between 2,000
    and 7,000 millions of theoretical operations per second (MTOPS) to
    end users in countries specified in subsection (c). The study shall
    also analyze any foreign availability of computers described in the
    preceding sentence and the impact of such sales on United States
    exporters.
      "(b) End User Information Assistance to Exporters. - The
    Secretary of Commerce shall establish a procedure by which
    exporters may seek information on questionable end users in
    countries specified in subsection (c) who are seeking to obtain
    computers described in subsection (a).
      "(c) Covered Countries. - For purposes of subsections (a) and
    (b), the countries specified in this subsection are the countries
    listed as 'Computer Tier 3' eligible countries in section 740.7(d)
    of title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997.

      "SEC. 1215. CONGRESSIONAL COMMITTEES.
      "For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a)
    the congressional committees specified in those sections are the
    following:
        "(1) The Committee on Banking, Housing, and Urban Affairs and
      the Committee on Armed Services of the Senate.
        "(2) The Committee on International Relations and the Committee
      on Armed Services of the House of Representatives."
      [Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1234(b)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-331, provided that: "The
    amendments made by subsection (a) [amending section 1211 of Pub. L.
    105-85, set out above] shall apply to any new composite theoretical
    performance level established for purposes of section 1211(a) of
    the National Defense Authorization Act for Fiscal Year 1998 [Pub.
    L. 105-85] that is submitted by the President pursuant to section
    1211(d) of that Act on or after the date of the enactment of this
    Act [Oct. 30, 2000]."]
      [For abolition, transfer of functions, and treatment of
    references to United States Arms Control and Disarmament Agency,
    see section 6511 et seq. of Title 22, Foreign Relations and
    Intercourse.]

    REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN FOREIGN NATIONS
      Pub. L. 105-85, div. C, title XXXI, Sec. 3157, Nov. 18, 1997, 111
    Stat. 2045, as amended by Pub. L. 106-398, Sec. 1 [div. C, title
    XXXI, Sec. 3134], Oct. 30, 2000, 114 Stat. 1654, 1654A-456,
    provided that:
      "(a) Reports. - The Secretary of Energy shall require that any
    company that is a participant in the Accelerated Strategic
    Computing Initiative (ASCI) program of the Department of Energy
    report to the Secretary and to the Secretary of Defense each sale
    by that company to a country designated as a Tier III country of a
    computer capable of operating at a speed in excess of 2,000
    millions theoretical operations per second (MTOPS). The report
    shall include a description of the following with respect to each
    such sale:
        "(1) The anticipated end-use of the computer sold.
        "(2) The software included with the computer.
        "(3) Any arrangement under the terms of the sale regarding - 
          "(A) upgrading the computer;
          "(B) servicing the computer; or
          "(C) furnishing spare parts for the computer.
      "(b) Covered Countries. - For purposes of this section, the
    countries designated as Tier III countries are the countries listed
    as 'computer tier 3' eligible countries in part 740.7 of title 15
    of the Code of Federal Regulations, as in effect on June 10, 1997
    (or any successor list).
      "(c) Quarterly Submission of Reports. - The Secretary of Energy
    shall require that reports under subsection (a) be submitted
    quarterly.
      "(d) Annual Report. - The Secretary of Energy shall submit to
    Congress an annual report containing all information received under
    subsection (a) during the preceding year. The first annual report
    shall be submitted not later than July 1, 1998.
      "(e) Adjustment of Performance Levels. - Whenever a new composite
    theoretical performance level is established under section 1211(d)
    [Pub. L. 105-85, set out as a note above], that level shall apply
    for the purposes of subsection (a) of this section in lieu of the
    level set forth in subsection (a)."

      NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT CONTROL
                                  POLICY
      Pub. L. 104-106, div. A, title XIII, Sec. 1322, Feb. 10, 1996,
    110 Stat. 478, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) Export controls remain an important element of the
      national security policy of the United States.
        "(2) It is in the national security interest that United States
      export control policy be effective in preventing the transfer, to
      potential adversaries or combatants of the United States, of
      technology that threatens the national security or defense of the
      United States.
        "(3) It is in the national security interest that the United
      States monitor aggressively the export of militarily critical
      technology in order to prevent its diversion to potential
      adversaries or combatants of the United States.
        "(4) The Department of Defense relies increasingly on
      commercial and dual-use technologies, products, and processes to
      support United States military capabilities and economic
      strength.
        "(5) The maintenance of the military advantage of the United
      States depends on effective export controls on dual-use items and
      technologies that are critical to the military capabilities of
      the Armed Forces.
      "(b) Sense of Congress. - It is the sense of Congress that - 
        "(1) the Secretary of Defense should evaluate license
      applications for the export of militarily critical commodities
      the export of which is controlled for national security reasons
      if those commodities are to be exported to certain countries of
      concern;
        "(2) the Secretary of Defense should identify the dual-use
      items and technologies that are critical to the military
      capabilities of the Armed Forces, including the military use made
      of such items and technologies;
        "(3) upon identification by the Secretary of Defense of the
      dual-use items and technologies referred to in paragraph (2), the
      President should ensure effective export controls or use
      unilateral export controls on dual-use items and technologies
      that are critical to the military capabilities of the Armed
      Forces (regardless of the availability of such items or
      technologies overseas) with respect to the countries that - 
          "(A) pose a threat to the national security interests of the
        United States; and
          "(B) are not members in good standing of bilateral or
        multilateral agreements to which the United States is a party
        on the use of such items and technologies; and
        "(4) the President, upon recommendation of the Secretary of
      Defense, should ensure effective controls on the re-export by
      other countries of dual-use items and technologies that are
      critical to the military capabilities of the Armed Forces.
      "(c) Annual Report. - (1) Not later than December 1 of each year
    through 1999, the President shall submit to the committees
    specified in paragraph (4) a report on the effect of the export
    control policy of the United States on the national security
    interests of the United States.
      "(2) The report shall include the following:
        "(A) A list setting forth each country determined by the
      Secretary of Defense, the intelligence community, and other
      appropriate agencies to be a rogue nation or potential adversary
      or combatant of the United States.
        "(B) For each country so listed, a list of - 
          "(i) the categories of items that the United States currently
        prohibits for export to the country;
          "(ii) the categories of items that may be exported from the
        United States with an individual license, and in such cases,
        any licensing conditions normally required and the policy
        grounds used for approvals and denials; and
          "(iii) the categories of items that may be exported under a
        general license designated 'G-DEST'.
        "(C) For each category of items listed under subparagraph (B) -
      
          "(i) a statement whether a prohibition, control, or licensing
        requirement on a category of items is imposed pursuant to an
        international multilateral agreement or is unilateral;
          "(ii) a statement whether a prohibition, control, or
        licensing requirement on a category of items is imposed by the
        other members of an international agreement or is unilateral;
          "(iii) when the answer under either clause (i) or clause (ii)
        is unilateral, a statement concerning the efforts being made to
        ensure that the prohibition, control, or licensing requirement
        is made multilateral; and
          "(iv) a statement on what impact, if any, a unilateral
        prohibition is having, or would have, on preventing the rogue
        nation or potential adversary from attaining the items in
        question for military purposes.
        "(D) A description of United States policy on sharing satellite
      imagery that has military significance and a discussion of the
      criteria for determining the imagery that has that significance.
        "(E) A description of the relationship between United States
      policy on the export of space launch vehicle technology and the
      Missile Technology Control Regime.
        "(F) An assessment of United States efforts to support the
      inclusion of additional countries in the Missile Technology
      Control Regime.
        "(G) An assessment of the ongoing efforts made by potential
      participant countries in the Missile Technology Control Regime to
      meet the guidelines established by the Missile Technology Control
      Regime.
        "(H) A discussion of the history of the space launch vehicle
      programs of other countries, including a discussion of the
      military origins and purposes of such programs and the current
      level of military involvement in such programs.
      "(3) The President shall submit the report in unclassified form,
    but may include a classified annex.
      "(4) The committees referred to in paragraph (1) are the
    following:
        "(A) The Committee on Armed Services and the Committee on
      Foreign Relations of the Senate.
        "(B) The Committee on National Security [now Committee on Armed
      Services] and the Committee on International Relations of the
      House of Representatives.
      "(5) For purposes of this subsection, the term 'Missile
    Technology Control Regime' means the policy statement announced on
    April 16, 1987, between the United States, the United Kingdom, the
    Federal Republic of Germany, France, Italy, Canada, and Japan to
    restrict sensitive missile-relevant transfers based on the Missile
    Technology Control Regime Annex, and any amendment thereto."

        DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES FOR CERTAIN
                           BIOLOGICAL PATHOGENS
      Pub. L. 104-106, div. A, title XIII, Sec. 1323, Feb. 10, 1996,
    110 Stat. 480, provided that:
      "(a) Department of Defense Review. - Any application to the
    Secretary of Commerce for a license for the export of a class 2,
    class 3, or class 4 biological pathogen to a country identified to
    the Secretary under subsection (c) as a country that is known or
    suspected to have a biological weapons program shall be referred to
    the Secretary of Defense for review. The Secretary of Defense shall
    notify the Secretary of Commerce within 15 days after receipt of an
    application under the preceding sentence whether the export of such
    biological pathogen pursuant to the license would be contrary to
    the national security interests of the United States.
      "(b) Denial of License if Contrary to National Security Interest.
    - A license described in subsection (a) shall be denied by the
    Secretary of Commerce if it is determined that the export of such
    biological pathogen to that country would be contrary to the
    national security interests of the United States.
      "(c) Identification of Countries Known or Suspected To Have a
    Program To Develop Offensive Biological Weapons. - (1) The
    Secretary of Defense shall determine, for the purposes of this
    section, those countries that are known or suspected to have a
    program to develop offensive biological weapons. Upon making such
    determination, the Secretary shall provide to the Secretary of
    Commerce a list of those countries.
      "(2) The Secretary of Defense shall update the list under
    paragraph (1) on a regular basis. Whenever a country is added to or
    deleted from such list, the Secretary shall notify the Secretary of
    Commerce.
      "(3) Determination under this subsection of countries that are
    known or suspected to have a program to develop offensive
    biological weapons shall be made in consultation with the Secretary
    of State and the intelligence community.
      "(d) Definition. - For purposes of this section, the term 'class
    2, class 3, or class 4 biological pathogen' means any biological
    pathogen that is characterized by the Centers for Disease Control
    as a class 2, class 3, or class 4 biological pathogen."

           ANNUAL REPORTS ON IMPROVING EXPORT CONTROL MECHANISMS       
      Pub. L. 104-106, div. A, title XIII, Sec. 1324(a), (b), Feb. 10,
    1996, 110 Stat. 480, 481, provided that:
      "(a) Joint Reports by Secretaries of State and Commerce. - Not
    later than April 1 of each of 1996 and 1997, the Secretary of State
    and the Secretary of Commerce shall submit to Congress a joint
    report, prepared in consultation with the Secretary of Defense,
    relating to United States export-control mechanisms. Each such
    report shall set forth measures to be taken to strengthen United
    States export-control mechanisms, including - 
        "(1) steps being taken by each Secretary (A) to share on a
      regular basis the export licensing watchlist of that Secretary's
      department with the other Secretary, and (B) to incorporate the
      export licensing watchlist data received from the other Secretary
      into the watchlist of that Secretary's department;
        "(2) steps being taken by each Secretary to incorporate into
      the watchlist of that Secretary's department similar data from
      systems maintained by the Department of Defense and the United
      States Customs Service; and
        "(3) a description of such further measures to be taken to
      strengthen United States export-control mechanisms as the
      Secretaries consider to be appropriate.
      "(b) Reports by Inspectors General. - (1) Not later than April 1
    of each of 1996 and 1997, the Inspector General of the Department
    of State and the Inspector General of the Department of Commerce
    shall each submit to Congress a report providing that official's
    evaluation of the effectiveness during the preceding year of the
    export licensing watchlist screening process of that official's
    department. The reports shall be submitted in both a classified and
    unclassified version.
      "(2) Each report of an Inspector General under paragraph (1)
    shall (with respect to that official's department) - 
        "(A) set forth the number of export licenses granted to parties
      on the export licensing watchlist;
        "(B) set forth the number of end-use checks performed with
      respect to export licenses granted to parties on the export
      licensing watchlist the previous year;
        "(C) assess the screening process used in granting an export
      license when an applicant is on the export licensing watchlist;
      and
        "(D) assess the extent to which the export licensing watchlist
      contains all relevant information and parties required by statute
      or regulation."

                STUDY ON NATIONAL SECURITY EXPORT CONTROLS            
      Section 2433 of Pub. L. 100-418 directed Secretary of Commerce
    and Secretary of Defense, not later than 60 days after Aug. 23,
    1988, to enter into appropriate arrangements with National Academy
    of Sciences and National Academy of Engineering to conduct a
    comprehensive study of adequacy of current export administration
    system in safeguarding United States national security while
    maintaining United States international competitiveness and Western
    technological preeminence, further directed Academies to prepare
    and submit to President and Congress, not later than 18 months
    after entering into such arrangements, a report containing a
    detailed statement of findings and conclusions of Academies
    pursuant to such study, together with their recommendations for
    such legislative or regulatory reforms as they considered
    appropriate, and further provided for an Advisory Panel to aid in
    such study, as well as executive branch cooperation, and
    appropriations for such study.


-EXEC-
    DELEGATION OF AUTHORITY UNDER SECTION 1322(C) OF PUBLIC LAW 104-106
      Determination of President of the United States, No. 97-39, Sept.
    30, 1997, 62 F.R. 52477, provided:
      By the authority vested in me by the Constitution and laws of the
    United States of America, I hereby delegate to the Secretary of
    Defense the duties and responsibilities vested in the President by
    section 1322(c) of the National Defense Authorization Act for
    Fiscal Year 1996 ("the Act") (Public Law 104-106, 110 Stat. 478-479
    (1996)) [set out as a note above].
      The reporting requirement delegated by this memorandum may be
    redelegated not lower than the Under Secretary level. The
    Department of Defense shall obtain concurrence on the report from
    the following agencies: the Department of Commerce, the Department
    of State, the Department of the Treasury, and the Director of
    Central Intelligence on behalf of the intelligence community prior
    to submission to the Congress.
      Any reference in this memorandum to the provisions of any Act
    shall be deemed to be a reference to such Act or its provisions as
    may be amended from time to time.
      The Secretary of Defense is authorized and directed to publish
    this memorandum in the Federal Register.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "the".


-End-



-CITE-
    50 USC APPENDIX Sec. 2405                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2405. Foreign policy controls

-STATUTE-
    (a) Authority
      (1) In order to carry out the policy set forth in paragraph
    (2)(B), (7), (8), or (13) of section 3 of this Act [section
    2402(2)(B), (7), (8), or (13) of this Appendix], the President may
    prohibit or curtail the exportation of any goods, technology, or
    other information subject to the jurisdiction of the United States
    or exported by any person subject to the jurisdiction of the United
    States, to the extent necessary to further significantly the
    foreign policy of the United States or to fulfill its declared
    international obligations. The authority granted by this subsection
    shall be exercised by the Secretary, in consultation with the
    Secretary of State, the Secretary of Defense, the Secretary of
    Agriculture, the Secretary of the Treasury, the United States Trade
    Representative, and such other departments and agencies as the
    Secretary considers appropriate, and shall be implemented by means
    of export licenses issued by the Secretary.
      (2) Any export control imposed under this section shall apply to
    any transaction or activity undertaken with the intent to evade
    that export control, even if that export control would not
    otherwise apply to that transaction or activity.
      (3) Export controls maintained for foreign policy purposes shall
    expire on December 31, 1979, or one year after imposition,
    whichever is later, unless extended by the President in accordance
    with subsections (b) and (f). Any such extension and any subsequent
    extension shall not be for a period of more than one year.
      (4) Whenever the Secretary denies any export license under this
    subsection, the Secretary shall specify in the notice to the
    applicant of the denial of such license that the license was denied
    under the authority contained in this subsection, and the reasons
    for such denial, with reference to the criteria set forth in
    subsection (b) of this section. The Secretary shall also include in
    such notice what, if any, modifications in or restrictions on the
    goods or technology for which the license was sought would allow
    such export to be compatible with controls implemented under this
    section, or the Secretary shall indicate in such notice which
    officers and employees of the Department of Commerce who are
    familiar with the application will be made reasonably available to
    the applicant for consultation with regard to such modifications or
    restrictions, if appropriate.
      (5) In accordance with the provisions of section 10 of this Act
    [section 2409 of this Appendix], the Secretary of State shall have
    the right to review any export license application under this
    section which the Secretary of State requests to review.
      (6) Before imposing, expanding, or extending export controls
    under this section on exports to a country which can use goods,
    technology, or information available from foreign sources and so
    incur little or no economic costs as a result of the controls, the
    President should, through diplomatic means, employ alternatives to
    export controls which offer opportunities of distinguishing the
    United States from, and expressing the displeasure of the United
    States with, the specific actions of that country in response to
    which the controls are proposed. Such alternatives include private
    discussions with foreign leaders, public statements in situations
    where private diplomacy is unavailable or not effective, withdrawal
    of ambassadors, and reduction of the size of the diplomatic staff
    that the country involved is permitted to have in the United
    States.
    (b) Criteria
      (1) Subject to paragraph (2) of this subsection, the President
    may impose, extend, or expand export controls under this section
    only if the President determines that - 
        (A) such controls are likely to achieve the intended foreign
      policy purpose, in light of other factors, including the
      availability from other countries of the goods or technology
      proposed for such controls, and that foreign policy purpose
      cannot be achieved through negotiations or other alternative
      means;
        (B) the proposed controls are compatible with the foreign
      policy objectives of the United States and with overall United
      States policy toward the country to which exports are to be
      subject to the proposed controls;
        (C) the reaction of other countries to the imposition,
      extension, or expansion of such export controls by the United
      States is not likely to render the controls ineffective in
      achieving the intended foreign policy purpose or to be
      counterproductive to United States foreign policy interests;
        (D) the effect of the proposed controls on the export
      performance of the United States, the competitive position of the
      United States in the international economy, the international
      reputation of the United States as a supplier of goods and
      technology, or on the economic well-being of individual United
      States companies and their employees and communities does not
      exceed the benefit to United States foreign policy objectives;
      and
        (E) the United States has the ability to enforce the proposed
      controls effectively.

      (2) With respect to those export controls in effect under this
    section on the date of the enactment of the Export Administration
    Amendments Act of 1985 [July 12, 1985], the President, in
    determining whether to extend those controls, as required by
    subsection (a)(3) of this section, shall consider the criteria set
    forth in paragraph (1) of this subsection and shall consider the
    foreign policy consequences of modifying the export controls.
    (c) Consultation with industry
      The Secretary in every possible instance shall consult with and
    seek advice from affected United States industries and appropriate
    advisory committees established under section 135 of the Trade Act
    of 1974 [19 U.S.C. 2155] before imposing any export control under
    this section. Such consultation and advice shall be with respect to
    the criteria set forth in subsection (b)(1) and such other matters
    as the Secretary considers appropriate.
    (d) Consultation with other countries
      When imposing export controls under this section, the President
    shall, at the earliest appropriate opportunity, consult with the
    countries with which the United States maintains export controls
    cooperatively, and with such other countries as the President
    considers appropriate, with respect to the criteria set forth in
    subsection (b)(1) and such other matters as the President considers
    appropriate.
    (e) Alternative means
      Before resorting to the imposition of export controls under this
    section, the President shall determine that reasonable efforts have
    been made to achieve the purposes of the controls through
    negotiations or other alternative means.
    (f) Consultation with Congress
      (1) The President may impose or expand export controls under this
    section, or extend such controls as required by subsection (a)(3)
    of this section, only after consultation with the Congress,
    including the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Banking, Housing, and Urban
    Affairs of the Senate.
      (2) The President may not impose, expand, or extend export
    controls under this section until the President has submitted to
    the Congress a report - 
        (A) specifying the purpose of the controls;
        (B) specifying the determinations of the President (or, in the
      case of those export controls described in subsection (b)(2), the
      considerations of the President) with respect to each of the
      criteria set forth in subsection (b)(1), the bases for such
      determinations (or considerations), and any possible adverse
      foreign policy consequences of the controls;
        (C) describing the nature, the subjects, and the results of, or
      the plans for, the consultation with industry pursuant to
      subsection (c) and with other countries pursuant to subsection
      (d);
        (D) specifying the nature and results of any alternative means
      attempted under subsection (e), or the reasons for imposing,
      expanding, or extending the controls without attempting any such
      alternative means; and
        (E) describing the availability from other countries of goods
      or technology comparable to the goods or technology subject to
      the proposed export controls, and describing the nature and
      results of the efforts made pursuant to subsection (h) to secure
      the cooperation of foreign governments in controlling the foreign
      availability of such comparable goods or technology.

    Such report shall also indicate how such controls will further
    significantly the foreign policy of the United States or will
    further its declared international obligations.
      (3) To the extent necessary to further the effectiveness of the
    export controls, portions of a report required by paragraph (2) may
    be submitted to the Congress on a classified basis, and shall be
    subject to the provisions of section 12(c) of this Act [section
    2411(c) of this Appendix].
      (4) In the case of export controls under this section which
    prohibit or curtail the export of any agricultural commodity, a
    report submitted pursuant to paragraph (2) shall be deemed to be
    the report required by section 7(g)(3)(A) of this Act [section
    2406(g)(3)(A) of this Appendix].
      (5) In addition to any written report required under this
    section, the Secretary, not less frequently than annually, shall
    present in oral testimony before the Committee on Banking, Housing,
    and Urban Affairs of the Senate and the Committee on Foreign
    Affairs of the House of Representatives a report on policies and
    actions taken by the Government to carry out the provisions of this
    section.
    (g) Exclusion for medicine and medical supplies and for certain
      food exports
      This section does not authorize export controls on medicine or
    medical supplies. This section also does not authorize export
    controls on donations of goods (including, but not limited to,
    food, educational materials, seeds and hand tools, medicines and
    medical supplies, water resources equipment, clothing and shelter
    materials, and basic household supplies) that are intended to meet
    basic human needs. Before export controls on food are imposed,
    expanded, or extended under this section, the Secretary shall
    notify the Secretary of State in the case of export controls
    applicable with respect to any developed country and shall notify
    the Administrator of the Agency for International Development in
    the case of export controls applicable with respect to any
    developing country. The Secretary of State with respect to
    developed countries, and the Administrator with respect to
    developing countries, shall determine whether the proposed export
    controls on food would cause measurable malnutrition and shall
    inform the Secretary of that determination. If the Secretary is
    informed that the proposed export controls on food would cause
    measurable malnutrition, then those controls may not be imposed,
    expanded, or extended, as the case may be, unless the President
    determines that those controls are necessary to protect the
    national security interests of the United States, or unless the
    President determines that arrangements are insufficient to ensure
    that the food will reach those most in need. Each such
    determination by the Secretary of State or the Administrator of the
    Agency for International Development, and any such determination by
    the President, shall be reported to the Congress, together with a
    statement of the reasons for that determination. It is the intent
    of Congress that the President not impose export controls under
    this section on any goods or technology if he determines that the
    principal effect of the export of such goods or technology would be
    to help meet basic human needs. This subsection shall not be
    construed to prohibit the President from imposing restrictions on
    the export of medicine or medical supplies or of food under the
    International Emergency Economic Powers Act [50 U.S.C 1701 et
    seq.]. This subsection shall not apply to any export control on
    medicine, medical supplies, or food, except for donations, which is
    in effect on the date of the enactment of the Export Administration
    Amendments Act of 1985 [July 12, 1985]. Notwithstanding the
    preceding provisions of this subsection, the President may impose
    export controls under this section on medicine, medical supplies,
    food, and donations of goods in order to carry out the policy set
    forth in paragraph (13) of section 3 of this Act [section 2402(13)
    of this Appendix].
    (h) Foreign availability
      (1) In applying export controls under this section, the President
    shall take all feasible steps to initiate and conclude negotiations
    with appropriate foreign governments for the purpose of securing
    the cooperation of such foreign governments in controlling the
    export to countries and consignees to which the United States
    export controls apply of any goods or technology comparable to
    goods or technology controlled under this section.
      (2) Before extending any export control pursuant to subsection
    (a)(3) of this section, the President shall evaluate the results of
    his actions under paragraph (1) of this subsection and shall
    include the results of that evaluation in his report to the
    Congress pursuant to subsection (f) of this section.
      (3) If, within 6 months after the date on which export controls
    under this section are imposed or expanded, or within 6 months
    after the date of the enactment of the Export Administration
    Amendments Act of 1985 [July 12, 1985] in the case of export
    controls in effect on such date of enactment, the President's
    efforts under paragraph (1) are not successful in securing the
    cooperation of foreign governments described in paragraph (1) with
    respect to those export controls, the Secretary shall thereafter
    take into account the foreign availability of the goods or
    technology subject to the export controls. If the Secretary
    affirmatively determines that a good or technology subject to the
    export controls is available in sufficient quantity and comparable
    quality from sources outside the United States to countries subject
    to the export controls so that denial of an export license would be
    ineffective in achieving the purposes of the controls, then the
    Secretary shall, during the period of such foreign availability,
    approve any license application which is required for the export of
    the good or technology and which meets all requirements for such a
    license. The Secretary shall remove the good or technology from the
    list established pursuant to subsection (l) of this section if the
    Secretary determines that such action is appropriate.
      (4) In making a determination of foreign availability under
    paragraph (3) of this subsection, the Secretary shall follow the
    procedures set forth in section 5(f)(3) of this Act [section
    2404(f)(3) of this Appendix].
    (i) International obligations
      The provisions of subsections (b), (c), (d), (e), (g), and (h)
    shall not apply in any case in which the President exercises the
    authority contained in this section to impose export controls, or
    to approve or deny export license applications, in order to fulfill
    obligations of the United States pursuant to treaties to which the
    United States is a party or pursuant to other international
    agreements.
    (j) Countries supporting international terrorism
      (1) A validated license shall be required for the export of goods
    or technology to a country if the Secretary of State has made the
    following determinations:
        (A) The government of such country has repeatedly provided
      support for acts of international terrorism.
        (B) The export of such goods or technology could make a
      significant contribution to the military potential of such
      country, including its military logistics capability, or could
      enhance the ability of such country to support acts of
      international terrorism.

      (2) The Secretary and the Secretary of State shall notify the
    Committee on Foreign Affairs of the House of Representatives and
    the Committee on Banking, Housing, and Urban Affairs and the
    Committee on Foreign Relations of the Senate at least 30 days
    before issuing any validated license required by paragraph (1).
      (3) Each determination of the Secretary of State under paragraph
    (1)(A), including each determination in effect on the date of the
    enactment of the Antiterrorism and Arms Export Amendments Act of
    1989 [Dec. 12, 1989], shall be published in the Federal Register.
      (4) A determination made by the Secretary of State under
    paragraph (1)(A) may not be rescinded unless the President submits
    to the Speaker of the House of Representatives and the chairman of
    the Committee on Banking, Housing, and Urban Affairs and the
    chairman of the Committee on Foreign Relations of the Senate - 
        (A) before the proposed rescission would take effect, a report
      certifying that - 
          (i) there has been a fundamental change in the leadership and
        policies of the government of the country concerned;
          (ii) that government is not supporting acts of international
        terrorism; and
          (iii) that government has provided assurances that it will
        not support acts of international terrorism in the future; or

      (B) at least 45 days before the proposed rescission would take
    effect, a report justifying the rescission and certifying that - 
        (i) the government concerned has not provided any support for
      international terrorism during the preceding 6-month period; and
        (ii) the government concerned has provided assurances that it
      will not support acts of international terrorism in the future.

      (5)(A) As used in paragraph (1), the term "repeatedly provided
    support for acts of international terrorism" shall include the
    recurring use of any part of the territory of the country as a
    sanctuary for terrorists or terrorist organizations.
      (B) In this paragraph - 
        (i) the term "territory of a country" means the land, waters,
      and airspace of the country; and
        (ii) the term "sanctuary" means an area in the territory of a
      country - 
          (I) that is used by a terrorist or terrorist organization - 
            (aa) to carry out terrorist activities, including training,
          financing, and recruitment; or
            (bb) as a transit point; and

          (II) the government of which expressly consents to, or with
        knowledge, allows, tolerates, or disregards such use of its
        territory.

      (6) The Secretary and the Secretary of State shall include in the
    notification required by paragraph (2) - 
        (A) a detailed description of the goods or services to be
      offered, including a brief description of the capabilities of any
      article for which a license to export is sought;
        (B) the reasons why the foreign country or international
      organization to which the export or transfer is proposed to be
      made needs the goods or services which are the subject of such
      export or transfer and a description of the manner in which such
      country or organization intends to use such articles, services,
      or design and construction services;
        (C) the reasons why the proposed export or transfer is in the
      national interest of the United States;
        (D) an analysis of the impact of the proposed export or
      transfer on the military capabilities of the foreign country or
      international organization to which such export or transfer would
      be made;
        (E) an analysis of the manner in which the proposed export
      would affect the relative military strengths of countries in the
      region to which the goods or services which are the subject of
      such export would be delivered and whether other countries in the
      region have comparable kinds and amounts of articles, services,
      or design and construction services; and
        (F) an analysis of the impact of the proposed export or
      transfer on the United States relations with the countries in the
      region to which the goods or services which are the subject of
      such export would be delivered.
    (k) Negotiations with other countries
      (1) Countries participating in certain agreements
        The Secretary of State, in consultation with the Secretary, the
      Secretary of Defense, and the heads of other appropriate
      departments and agencies, shall be responsible for conducting
      negotiations with those countries participating in the groups
      known as the Coordinating Committee, the Missile Technology
      Control Regime, the Australia Group, and the Nuclear Suppliers'
      Group, regarding their cooperation in restricting the export of
      goods and technology in order to carry out - 
          (A) the policy set forth in section 3(2)(B) of this Act
        [section 2402(2)(B) of this Appendix], and
          (B) United States policy opposing the proliferation of
        chemical, biological, nuclear, and other weapons and their
        delivery systems, and effectively restricting the export of
        dual use components of such weapons and their delivery systems,
        in accordance with this subsection and subsections (a) and (l).

      Such negotiations shall cover, among other issues, which goods
      and technology should be subject to multilaterally agreed export
      restrictions, and the implementation of the restrictions
      consistent with the principles identified in section 5(b)(2)(C)
      of this Act [section 2404(b)(2)(C) of this Appendix].
      (2) Other countries
        The Secretary of State, in consultation with the Secretary, the
      Secretary of Defense, and the heads of other appropriate
      departments and agencies, shall be responsible for conducting
      negotiations with countries and groups of countries not referred
      to in paragraph (1) regarding their cooperation in restricting
      the export of goods and technology consistent with purposes set
      forth in paragraph (1). In cases where such negotiations produce
      agreements on export restrictions that the Secretary, in
      consultation with the Secretary of State and the Secretary of
      Defense, determines to be consistent with the principles
      identified in section 5(b)(2)(C) of this Act [section
      2404(b)(2)(C) of this Appendix], the Secretary may treat exports,
      whether by individual or multiple licenses, to countries party to
      such agreements in the same manner as exports are treated to
      countries that are MTCR adherents.
      (3) Review of determinations
        The Secretary shall annually review any determination under
      paragraph (2) with respect to a country. For each such country
      which the Secretary determines is not meeting the requirements of
      an effective export control system in accordance with section
      5(b)(2)(C) [section 2404(b)(2)(C) of this Appendix], the
      Secretary shall restrict or eliminate any preferential licensing
      treatment for exports to that country provided under this
      subsection.
    (l) Missile technology
      (1) Determination of controlled items
        The Secretary, in consultation with the Secretary of State, the
      Secretary of Defense, and the heads of other appropriate
      departments and agencies - 
          (A) shall establish and maintain, as part of the control list
        established under this section, a list of all dual use goods
        and technology on the MTCR Annex; and
          (B) may include, as part of the control list established
        under this section, goods and technology that would provide a
        direct and immediate impact on the development of missile
        delivery systems and are not included in the MTCR Annex but
        which the United States is proposing to the other MTCR
        adherents to have included in the MTCR Annex.
      (2) Requirement of individual validated licenses
        The Secretary shall require an individual validated license for
      - 
          (A) any export of goods or technology on the list established
        under paragraph (1) to any country; and
          (B) any export of goods or technology that the exporter knows
        is destined for a project or facility for the design,
        development, or manufacture of a missile in a country that is
        not an MTCR adherent.
      (3) Policy of denial of licenses
        (A) Licenses under paragraph (2) should in general be denied if
      the ultimate consignee of the goods or technology is a facility
      in a country that is not an adherent to the Missile Technology
      Control Regime and the facility is designed to develop or build
      missiles.
        (B) Licenses under paragraph (2) shall be denied if the
      ultimate consignee of the goods or technology is a facility in a
      country the government of which has been determined under
      subsection (j) to have repeatedly provided support for acts of
      international terrorism.
      (4) Consultation with other departments
        (A) A determination of the Secretary to approve an export
      license under paragraph (2) for the export of goods or technology
      to a country of concern regarding missile proliferation may be
      made only after consultation with the Secretary of Defense and
      the Secretary of State for a period of 20 days. The countries of
      concern referred to in the preceding sentence shall be maintained
      on a classified list by the Secretary of State, in consultation
      with the Secretary and the Secretary of Defense.
        (B) Should the Secretary of Defense disagree with the
      determination of the Secretary to approve an export license to
      which subparagraph (A) applies, the Secretary of Defense shall so
      notify the Secretary within the 20 days provided for consultation
      on the determination. The Secretary of Defense shall at the same
      time submit the matter to the President for resolution of the
      dispute. The Secretary shall also submit the Secretary's
      recommendation to the President on the license application.
        (C) The President shall approve or disapprove the export
      license application within 20 days after receiving the submission
      of the Secretary of Defense under subparagraph (B).
        (D) Should the Secretary of Defense fail to notify the
      Secretary within the time period prescribed in subparagraph (B),
      the Secretary may approve the license application without
      awaiting the notification by the Secretary of Defense. Should the
      President fail to notify the Secretary of his decision on the
      export license application within the time period prescribed in
      subparagraph (C), the Secretary may approve the license
      application without awaiting the President's decision on the
      license application.
        (E) Within 10 days after an export license is issued under this
      subsection, the Secretary shall provide to the Secretary of
      Defense and the Secretary of State the license application and
      accompanying documents issued to the applicant, to the extent
      that the relevant Secretary indicates the need to receive such
      application and documents.
      (5) Information sharing
        The Secretary shall establish a procedure for information
      sharing with appropriate officials of the intelligence community,
      as determined by the Director of Central Intelligence, and other
      appropriate Government agencies, that will ensure effective
      monitoring of transfers of MTCR equipment or technology and other
      missile technology.
    (m) Chemical and biological weapons
      (1) Establishment of list
        The Secretary, in consultation with the Secretary of State, the
      Secretary of Defense, and the heads of other appropriate
      departments and agencies, shall establish and maintain, as part
      of the list maintained under this section, a list of goods and
      technology that would directly and substantially assist a foreign
      government or group in acquiring the capability to develop,
      produce, stockpile, or deliver chemical or biological weapons,
      the licensing of which would be effective in barring acquisition
      or enhancement of such capability.
      (2) Requirement for validated licenses
        The Secretary shall require a validated license for any export
      of goods or technology on the list established under paragraph
      (1) to any country of concern.
      (3) Countries of concern
        For purposes of paragraph (2), the term "country of concern"
      means any country other than - 
          (A) a country with whose government the United States has
        entered into a bilateral or multilateral arrangement for the
        control of goods or technology on the list established under
        paragraph (1); and
          (B) such other countries as the Secretary of State, in
        consultation with the Secretary and the Secretary of Defense,
        shall designate consistent with the purposes of the Chemical
        and Biological Weapons Control and Warfare Elimination Act of
        1991 [22 U.S.C. 5601 et seq.].
    (n) Crime control instruments
      (1) Crime control and detection instruments and equipment shall
    be approved for export by the Secretary only pursuant to a
    validated export license. Notwithstanding any other provision of
    this Act [sections 2401 to 2420 of this Appendix] - 
        (A) any determination of the Secretary of what goods or
      technology shall be included on the list established pursuant to
      subsection (l) (!1) of this section as a result of the export
      restrictions imposed by this subsection shall be made with the
      concurrence of the Secretary of State, and

        (B) any determination of the Secretary to approve or deny an
      export license application to export crime control or detection
      instruments or equipment shall be made in concurrence with the
      recommendations of the Secretary of State submitted to the
      Secretary with respect to the application pursuant to section
      10(e) of this Act [section 2409(e) of this Appendix],

    except that, if the Secretary does not agree with the Secretary of
    State with respect to any determination under subparagraph (A) or
    (B), the matter shall be referred to the President for resolution.
      (2) The provisions of this subsection shall not apply with
    respect to exports to countries which are members of the North
    Atlantic Treaty Organization or to Japan, Australia, or New
    Zealand, or to such other countries as the President shall
    designate consistent with the purposes of this subsection and
    section 502B of the Foreign Assistance Act of 1961 [22 U.S.C.
    2304].
    (o) Control list
      The Secretary shall establish and maintain, as part of the
    control list, a list of any goods or technology subject to export
    controls under this section, and the countries to which such
    controls apply. The Secretary shall clearly identify on the control
    list which goods or technology, and which countries or
    destinations, are subject to which types of controls under this
    section. Such list shall consist of goods and technology identified
    by the Secretary of State, with the concurrence of the Secretary.
    If the Secretary and the Secretary of State are unable to agree on
    the list, the matter shall be referred to the President. Such list
    shall be reviewed not less frequently than every three years in the
    case of controls maintained cooperatively with other countries, and
    annually in the case of all other controls, for the purpose of
    making such revisions as are necessary in order to carry out this
    section. During the course of such review, an assessment shall be
    made periodically of the availability from sources outside the
    United States, or any of its territories or possessions, of goods
    and technology comparable to those controlled for export from the
    United States under this section.
    (p) Effect on existing contracts and licenses
      The President may not, under this section, prohibit or curtail
    the export or reexport of goods, technology, or other information -
    
        (1) in performance of a contract or agreement entered into
      before the date on which the President reports to the Congress,
      pursuant to subsection (f) of this section, his intention to
      impose controls on the export or reexport of such goods,
      technology, or other information, or
        (2) under a validated license or other authorization issued
      under this Act [sections 2401 to 2420 of this Appendix],

    unless and until the President determines and certifies to the
    Congress that - 
        (A) a breach of the peace poses a serious and direct threat to
      the strategic interest of the United States,
        (B) the prohibition or curtailment of such contracts,
      agreements, licenses, or authorizations will be instrumental in
      remedying the situation posing the direct threat, and
        (C) the export controls will continue only so long as the
      direct threat persists.
    (q) Extension of certain controls
      Those export controls imposed under this section with respect to
    South Africa which were in effect on February 28, 1982, and ceased
    to be effective on March 1, 1982, September 15, 1982, or January
    20, 1983, shall become effective on the date of the enactment of
    this subsection [July 12, 1985], and shall remain in effect until 1
    year after such date of enactment. At the end of that 1-year
    period, any of those controls made effective by this subsection may
    be extended by the President in accordance with subsections (b) and
    (f) of this section.
    (r) Expanded authority to impose controls
      (1) In any case in which the President determines that it is
    necessary to impose controls under this section without any
    limitation contained in subsection (c), (d), (e), (g), (h), or (m)
    (!2) of this section, the President may impose those controls only
    if the President submits that determination to the Congress,
    together with a report pursuant to subsection (f) of this section
    with respect to the proposed controls, and only if a law is enacted
    authorizing the imposition of those controls. If a joint resolution
    authorizing the imposition of those controls is introduced in
    either House of Congress within 30 days after the Congress receives
    the determination and report of the President, that joint
    resolution shall be referred to the Committee on Banking, Housing,
    and Urban Affairs of the Senate and to the appropriate committee of
    the House of Representatives. If either such committee has not
    reported the joint resolution at the end of 30 days after its
    referral, the committee shall be discharged from further
    consideration of the joint resolution.

      (2) For purposes of this subsection, the term "joint resolution"
    means a joint resolution the matter after the resolving clause of
    which is as follows: "That the Congress, having received on        
        a determination of the President under section 6(o)(1) (!2) of
    the Export Administration Act of 1979 with respect to the export
    controls which are set forth in the report submitted to the
    Congress with that determination, authorizes the President to
    impose those export controls.", with the date of the receipt of the
    determination and report inserted in the blank.
      (3) In the computation of the periods of 30 days referred to in
    paragraph (1), there shall be excluded the days on which either
    House of Congress is not in session because of an adjournment of
    more than 3 days to a day certain or because of an adjournment of
    the Congress sine die.
    (s) Spare parts
      (1) At the same time as the President imposes or expands export
    controls under this section, the President shall determine whether
    such export controls will apply to replacement parts for parts in
    goods subject to such export controls.
      (2) With respect to export controls imposed under this section
    before the date of the enactment of this subsection [Aug. 23,
    1988], an individual validated export license shall not be required
    for replacement parts which are exported to replace on a one-for-
    one basis parts that were in a good that was lawfully exported
    from the United States, unless the President determines that such a
    license should be required for such parts.

-SOURCE-
    (Pub. L. 96-72, Sec. 6, Sept. 29, 1979, 93 Stat. 513; Pub. L. 96-
    533, title I, Sec. 111, Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97-
    145, Sec. 6, Dec. 29, 1981, 95 Stat. 1728; Pub. L. 99-64, title I,
    Sec. 108(a)-(g)(1), (h)-(j)(1), (k), (l)(1), July 12, 1985, 99
    Stat. 131-136; Pub. L. 99-399, title V, Sec. 509(b), Aug. 27, 1986,
    100 Stat. 874; Pub. L. 100-418, title II, Sec. 2423, Aug. 23, 1988,
    102 Stat. 1358; Pub. L. 101-222, Sec. 4, Dec. 12, 1989, 103 Stat.
    1897; Pub. L. 101-510, div. A, title XVII, Sec. 1702(a), Nov. 5,
    1990, 104 Stat. 1739; Pub. L. 102-138, title V, Sec. 504(b), Oct.
    28, 1991, 105 Stat. 724; Pub. L. 102-182, title III, Secs. 304(b),
    309(a), Dec. 4, 1991, 105 Stat. 1246, 1258; Pub. L. 103-236, title
    VII, Sec. 736, Apr. 30, 1994, 108 Stat. 506; Pub. L. 104-316, title
    I, Sec. 128(c), Oct. 19, 1996, 110 Stat. 3841; Pub. L. 105-277,
    div. G, title XIV, Sec. 1422(b)(7), Oct. 21, 1998, 112 Stat. 2681-
    793; Pub. L. 108-458, title VII, Sec. 7102(c)(1), Dec. 17, 2004,
    118 Stat. 3776.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The International Emergency Economic Powers Act, referred to in
    subsec. (g), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
    1626, which is classified generally to chapter 35 (Sec. 1701 et
    seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 50 and Tables.
      The Chemical and Biological Weapons Control and Warfare
    Elimination Act of 1991, referred to in subsec. (m)(3)(B), is title
    III of Pub. L. 102-182, Dec. 4, 1991, 105 Stat. 1245, which is
    classified principally to chapter 65 (Sec. 5601 et seq.) of Title
    22, Foreign Relations and Intercourse. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5601 of Title 22 and Tables.
      Subsections (l) and (m) of this section, referred to in subsecs.
    (n)(1)(A) and (r)(1), were successively redesignated as subsections
    (n) and (o), respectively, of this section by Pub. L. 101-510, div.
    A, title XVII, Sec. 1702(a)(1), Nov. 5, 1990, 104 Stat. 1739, then
    as subsections (o) and (p), respectively, of this section by Pub.
    L. 102-182, title III, Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246,
    without corresponding amendments to such references.
      Section 6(o)(1) of the Export Administration Act of 1979,
    referred to in subsec. (r)(2), which was classified to subsec.
    (o)(1) of this section, was redesignated successively as section
    6(q)(1) by Pub. L. 101-510, div. A, title XVII, Sec. 1702(a)(1),
    Nov. 5, 1990, 104 Stat. 1739, then as section 6(r)(1) by Pub. L.
    102-182, title III, Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246,
    without a corresponding amendment to such reference.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2405, Pub. L. 91-184, Sec. 6, Dec. 30, 1969, 83
    Stat. 844; Pub. L. 95-52, title I, Secs. 103(d), 112, title II,
    Sec. 203(a), June 22, 1977, 91 Stat. 237, 240, 247; Pub. L. 95-223,
    title III, Sec. 301(b)(2), Dec. 28, 1977, 91 Stat. 1629, setting
    forth provisions respecting violations and penalties, expired on
    Sept. 30, 1979.

                                AMENDMENTS                            
      2004 - Subsec. (j)(5), (6). Pub. L. 108-458 added par. (5) and
    redesignated former par. (5) as (6).
      1998 - Subsec. (g). Pub. L. 105-277, which directed amendment of
    "Section 2405(g) of the Export Administration Act of 1979" by
    substituting "Administrator of the Agency for International
    Development" for "Director of the United States International
    Development Cooperation Agency" in two places and substituting
    "Administrator" for "Director" in the fourth sentence, was executed
    to subsec. (g) of this section, which is section 6 of the Export
    Administration Act of 1979, to reflect the probable intent of
    Congress.
      1996 - Subsec. (f)(3). Pub. L. 104-316 struck out after first
    sentence "Each such report shall, at the same time it is submitted
    to the Congress, also be submitted to the General Accounting Office
    for the purpose of assessing the report's full compliance with the
    intent of this subsection."
      1994 - Subsec. (j)(5). Pub. L. 103-236 added par. (5).
      1991 - Subsecs. (m) to (s). Pub. L. 102-182, Sec. 304(b), added
    subsec. (m) and redesignated former subsecs. (m) to (r) as (n) to
    (s), respectively.
      Pub. L. 102-138, which made an amendment similar to that made by
    Pub. L. 102-182, Sec. 304(b), by adding a subsec. (m) and
    redesignating former subsecs. (m) to (r) as (n) to (s),
    respectively, was repealed by Pub. L. 102-182, Sec. 309(a).
      1990 - Subsecs. (k) to (r). Pub. L. 101-510 added subsecs. (k)
    and (l) and redesignated former subsecs. (k) to (p) as (m) to (r),
    respectively.
      1989 - Subsec. (j). Pub. L. 101-222 amended subsec. (j)
    generally, substituting pars. (1) to (4) for former pars. (1) and
    (2).
      1988 - Subsec. (a)(6). Pub. L. 100-418, Sec. 2423(a), added par.
    (6).
      Subsec. (p). Pub. L. 100-418, Sec. 2423(b), added subsec. (p).
      1986 - Subsec. (j)(1). Pub. L. 99-399 substituted "$1,000,000"
    for "$7,000,000".
      1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 108(a)(1), substituted
    "(8), or (13)" for "or (8)", and inserted ", the Secretary of
    Defense, the Secretary of Agriculture, the Secretary of the
    Treasury, the United States Trade Representative," after "in
    consultation with the Secretary of State".
      Subsec. (a)(2). Pub. L. 99-64, Sec. 108(a)(3), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (a)(3). Pub. L. 99-64, Sec. 108(a)(2), (4), redesignated
    par. (2) as (3) and substituted "subsections (b) and (f)" for
    "subsections (b) and (e)". Former par. (3) redesignated (4).
      Subsec. (a)(4), (5). Pub. L. 99-64, Sec. 108(a)(2), redesignated
    pars. (3) and (4) as (4) and (5), respectively.
      Subsec. (b). Pub. L. 99-64, Sec. 108(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "When
    imposing, expanding, or extending export controls under this
    section, the President shall consider - 
        "(1) the probability that such controls will achieve the
      intended foreign policy purpose, in light of other factors,
      including the availability from other countries of the goods or
      technology proposed for such controls;
        "(2) the compatibility of the proposed controls with the
      foreign policy objectives of the United States, including the
      effort to counter international terrorism, and with overall
      United States policy toward the country which is the proposed
      target of the controls;
        "(3) the reaction of other countries to the imposition or
      expansion of such export controls by the United States;
        "(4) the likely effects of the proposed controls on the export
      performance of the United States, on the competitive position of
      the United States in the international economy, on the
      international reputation of the United States as a supplier of
      goods and technology, and on individual United States companies
      and their employees and communities, including the effects of the
      controls on existing contracts;
        "(5) the ability of the United States to enforce the proposed
      controls effectively; and
        "(6) the foreign policy consequences of not imposing controls."
      Subsec. (c). Pub. L. 99-64, Sec. 108(c), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    Secretary, before imposing export controls under this section,
    shall consult with such affected United States industries as the
    Secretary considers appropriate, with respect to the criteria set
    forth in paragraphs (1) and (4) of subsection (b) and such other
    matters as the Secretary considers appropriate."
      Subsec. (d). Pub. L. 99-64, Sec. 108(d)(2), added subsec. (d).
    Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 99-64, Sec. 108(d)(1), redesignated former
    subsec. (d) as (e). Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 99-64, Sec. 108(d)(1), (e), redesignated
    former subsec. (e) as (f), amended subsec. (f) generally,
    substituting "Consultation with Congress" for "Notification to
    Congress" in heading, and in text making consultation with the
    Congress mandatory and not merely discretionary before the
    President imposes, expands, or extends export controls. Former
    subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 99-64, Sec. 108(d)(1), (f), redesignated
    former subsec. (f) as (g), inserted sentence directing that this
    section does not authorize export controls on donations of goods
    that are intended to meet basic human needs, and substituted "This
    subsection shall not apply to any export control on medicine,
    medical supplies, or food, except for donations, which is in effect
    on the date of the enactment of the Export Administration
    Amendments Act of 1985" for "This subsection shall not apply to any
    export control on medicine or medical supplies which is in effect
    on the effective date of this Act or to any export control on food
    which is in effect on the date of the enactment of the Export
    Administration Amendments Act of 1981" and inserted:
    "Notwithstanding the preceding provisions of this subsection, the
    President may impose export controls under this section on
    medicine, medical supplies, food, and donations of goods in order
    to carry out the policy set forth in paragraph (13) of section 3 of
    this Act."
      Subsec. (h). Pub. L. 99-64, Sec. 108(g)(1), designated existing
    provisions as par. (1) and added pars. (2) to (4).
      Pub. L. 99-64, Sec. 108(d)(1), redesignated former subsec. (g) as
    (h). Former subsec. (h) redesignated (i).
      Subsec. (i). Pub. L. 99-64, Sec. 108(d)(1), (h), redesignated
    former subsec. (h) as (i) and substituted "(e), (g), and (h)" for
    "(f), and (g)". Former subsec. (i) redesignated (j).
      Subsec. (j). Pub. L. 99-64, Sec. 108(d)(1), (i), redesignated
    former subsec. (i) as (j), amended subsec. (j) generally,
    designating the existing sentence as par. (1) and former pars. (1)
    and (2) thereof as subpars. (A) and (B), and adding par. (2).
    Former subsec. (j) redesignated (k).
      Subsec. (k). Pub. L. 99-64, Sec. 108(d)(1), redesignated former
    subsec. (j) as (k). Former subsec. (k) redesignated (l).
      Subsec. (k)(1). Pub. L. 99-64, Sec. 108(j)(1), inserted sentence
    relating to the concurrence of the Secretary of State.
      Subsec. (l). Pub. L. 99-64, Sec. 108(d)(1), (k), redesignated
    former subsec. (k) as (l), substituted reference to "the control
    list" for existing reference to "the commodity control list' after
    "The Secretary shall establish and maintain, as part of", and
    substituted "The Secretary shall clearly identify on the control
    list which goods or technology, and which countries or
    destinations, are subject to which types of controls under this
    section" for "Such goods or technology shall be clearly identified
    as subject to controls under this section".
      Subsecs. (m) to (o). Pub. L. 99-64, Sec. 108(l)(1), added
    subsecs. (m) to (o).
      1981 - Subsec. (f). Pub. L. 97-145 inserted provisions
    restricting the imposition of export controls on food when such
    controls would result in measurable malnutrition, unless the
    President determines that the controls are necessary to protect the
    United States national security interests or that the food would
    not reach persons most in need.
      1980 - Pub. L. 96-533 required notification of certain commercial
    exports to be given to the Committee on Foreign Relations of the
    Senate and prescribed that notice be given to the committees at
    least 30 days before approval of the export license.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States International
    Development Cooperation Agency pursuant to reorganization plan
    described in section 6601 of Title 22, Foreign Relations and
    Intercourse, see section 1401 of Pub. L. 105-277, set out as an
    Effective Date note under section 6561 of Title 22.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 108(g)(2) of Pub. L. 99-64 provided that: "The amendments
    made by paragraph (1) of this subsection [amending this section]
    shall not apply to export controls in effect under subsection (i),
    (j), or (k) of section 6 of the Export Administration Act of 1979
    [subsec. (i), (j), or (k) of this section] (as redesignated by
    subsection (d) of this section) immediately before the date of the
    enactment of this Act [July 12, 1985], or to export controls made
    effective by subsection (i)(2) of this section [there is no section
    108(i)(2) of Pub. L. 99-64] or by section 6(n) of the Export
    Administration Act of 1979 [subsec. (n) of this section] (as added
    by subsection (l)(1) of this section)."
      Section 108(j)(2) of Pub. L. 99-64 provided that: "The amendment
    made by paragraph (1) of this subsection [amending this section]
    shall apply to determinations of the Secretary of Commerce which
    are made on or after the date of the enactment of this Act [July
    12, 1985]."
      Section 108(l)(2) of Pub. L. 99-64 provided that: "Subsections
    (m) and (o) of section 6 of the Export Administration Act of 1979
    [subsecs. (m) and (o) of this section], as added by paragraph (1)
    of this subsection, shall not apply to export controls in effect
    immediately before the date of the enactment of this Act [July 12,
    1985], or to export controls made effective by subsection (i)(2) of
    this section [there is no section 108(i)(2) of Pub. L. 99-64] or by
    section 6(n) of the Export Administration Act of 1979 [subsec. (n)
    of this section] (as added by paragraph (1) of this subsection)."

                      CONSTRUCTION OF 2004 AMENDMENT                  
      Pub. L. 108-458, title VII, Sec. 7102(c)(2), Dec. 17, 2004, 118
    Stat. 3777, provided that: "Nothing in this subsection [amending
    this section and enacting provisions set out as a note under this
    section] or the amendments made by this subsection shall be
    construed as affecting any determination made by the Secretary of
    State pursuant to section 6(j) of the Export Administration Act of
    1979 [50 App. U.S.C. 2405(j)] with respect to a country prior to
    the date of enactment of this Act [Dec. 17, 2004]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under 2403 of this Appendix, with exception of
    functions conferred upon President under subsec. (g) of this
    section which were delegated to Secretary of State and functions
    conferred upon President under subsec. (k) of this section which
    were reserved to President.


-MISC3-
                              IMPLEMENTATION                          
      Pub. L. 108-458, title VII, Sec. 7102(c)(3), Dec. 17, 2004, 118
    Stat. 3777, provided that: "The President shall implement the
    amendments made by paragraph (1) [amending this section] by
    exercising the authorities of the President under the International
    Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)."

     EXERCISE OF STATUTORY AUTHORITIES RESPECTING IMPOSITION OF TOTAL
    EMBARGO IN EVENT OF SOVIET OR WARSAW PACT MILITARY ACTION IN POLAND
      Section 7 of Pub. L. 97-145 provided that: "Notwithstanding any
    other provision of law, no provision of the Export Administration
    Act of 1979, as amended by this Act [sections 2401 to 2420 of this
    Appendix], or of any other Act shall be construed to prohibit the
    exercise of authorities contained in the Export Administration Act
    of 1979 to impose a total embargo in the event of Soviet or Warsaw
    Pact military action against Poland."


-EXEC-
         ADMINISTRATION OF EXPORT CONTROLS ON ENCRYPTION PRODUCTS     
      For provision that subsec. (h)(2) to (4) of this section is not
    applicable with respect to export controls on encryption products,
    see Ex. Ord. No. 13026, Sec. 1(a), set out as a note under section
    2403 of this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2406                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2406. Short supply controls

-STATUTE-
    (a) Authority
      (1) In order to carry out the policy set forth in section 3(2)(C)
    of this Act [section 2402(2)(C) of this Appendix], the President
    may prohibit or curtail the export of any goods subject to the
    jurisdiction of the United States or exported by any person subject
    to the jurisdiction of the United States. In curtailing exports to
    carry out the policy set forth in section 3(2)(C) of this Act
    [section 2402(2)(C) of this Appendix], the President shall allocate
    a portion of export licenses on the basis of factors other than a
    prior history of exportation. Such factors shall include the extent
    to which a country engages in equitable trade practices with
    respect to United States goods and treats the United States
    equitably in times of short supply.
      (2) Upon imposing quantitative restrictions on exports of any
    goods to carry out the policy set forth in section 3(2)(C) of this
    Act [section 2402(2)(C) of this Appendix], the Secretary shall
    include in a notice published in the Federal Register with respect
    to such restrictions an invitation to all interested parties to
    submit written comments within 15 days from the date of publication
    on the impact of such restrictions and the method of licensing used
    to implement them.
      (3) In imposing export controls under this section, the
    President's authority shall include, but not be limited to, the
    imposition of export license fees.
    (b) Monitoring
      (1) In order to carry out the policy set forth in section 3(2)(C)
    of this Act [section 2402(2)(C) of this Appendix], the Secretary
    shall monitor exports, and contracts for exports, of any good
    (other than a commodity which is subject to the reporting
    requirements of section 812 (!1) of the Agricultural Act of 1970 [7
    U.S.C. 612c-3]) when the volume of such exports in relation to
    domestic supply contributes, or may contribute, to an increase in
    domestic prices or a domestic shortage, and such price increase or
    shortage has, or may have, a serious adverse impact on the economy
    or any sector thereof. Any such monitoring shall commence at a time
    adequate to assure that the monitoring will result in a data base
    sufficient to enable policies to be developed, in accordance with
    section 3(2)(C) of this Act [section 2402(2)(C) of this Appendix],
    to mitigate a short supply situation or serious inflationary price
    rise or, if export controls are needed, to permit imposition of
    such controls in a timely manner. Information which the Secretary
    requires to be furnished in effecting such monitoring shall be
    confidential, except as provided in paragraph (2) of this
    subsection.

      (2) The results of such monitoring shall, to the extent
    practicable, be aggregated and included in weekly reports setting
    forth, with respect to each item monitored, actual and anticipated
    exports, the destination by country, and the domestic and worldwide
    price, supply, and demand. Such reports may be made monthly if the
    Secretary determines that there is insufficient information to
    justify weekly reports.
      (3) The Secretary shall consult with the Secretary of Energy to
    determine whether monitoring or export controls under this section
    are warranted with respect to exports of facilities, machinery, or
    equipment normally and principally used, or intended to be used, in
    the production, conversion, or transportation of fuels and energy
    (except nuclear energy), including, but not limited to, drilling
    rigs, platforms, and equipment; petroleum refineries, natural gas
    processing, liquefaction, and gasification plants; facilities for
    production of synthetic natural gas or synthetic crude oil; oil and
    gas pipelines, pumping stations, and associated equipment; and
    vessels for transporting oil, gas, coal, and other fuels.
    (c) Petitions for monitoring or controls
      (1)(A) Any entity, including a trade association, firm, or
    certified or recognized union or group of workers, that is
    representative of an industry or a substantial segment of an
    industry that processes metallic materials capable of being
    recycled may transmit a written petition to the Secretary
    requesting the monitoring of exports or the imposition of export
    controls, or both, with respect to any such material, in order to
    carry out the policy set forth in section 3(2)(C) of this Act
    [section 2402(2)(C) of this Appendix].
      (B) Each petition shall be in such form as the Secretary shall
    prescribe and shall contain information in support of the action
    requested. The petition shall include any information reasonably
    available to the petitioner indicating that each of the criteria
    set forth in paragraph (3)(A) of this subsection is satisfied.
      (2) Within 15 days after receipt of any petition described in
    paragraph (1), the Secretary shall publish a notice in the Federal
    Register. The notice shall - 
        (A) include the name of the material that is the subject of the
      petition,
        (B) include the Schedule B number of the material as set forth
      in the Statistical Classification of Domestic and Foreign
      Commodities Exported from the United States,
        (C) indicate whether the petitioner is requesting that controls
      or monitoring, or both, be imposed with respect to the
      exportation of such material, and
        (D) provide that interested persons shall have a period of 30
      days beginning on the date of publication of such notice to
      submit to the Secretary written data, views or arguments, with or
      without opportunity for oral presentation, with respect to the
      matter involved.

    At the request of the petitioner or any other entity described in
    paragraph (1)(A) with respect to the material that is the subject
    of the petition, or at the request of any entity representative of
    producers or exporters of such material, the Secretary shall
    conduct public hearings with respect to the subject of the
    petition, in which case the 30-day period may be extended to 45
    days.
      (3)(A) Within 45 days after the end of the 30- or 45-day period
    described in paragraph (2), as the case may be, the Secretary shall
    determine whether to impose monitoring or controls, or both, on the
    export of the material that is the subject of the petition, in
    order to carry out the policy set forth in section 3(2)(C) of this
    Act [section 2402(2)(C) of this Appendix]. In making such
    determination, the Secretary shall determine whether - 
        (i) there has been a significant increase, in relation to a
      specific period of time, in exports of such material in relation
      to domestic supply and demand;
        (ii) there has been a significant increase in the domestic
      price of such material or a domestic shortage of such material
      relative to demand;
        (iii) exports of such material are as important as any other
      cause of a domestic price increase or shortage relative to demand
      found under clause (ii);
        (iv) a domestic price increase or shortage relative to demand
      found under clause (ii) has significantly adversely affected or
      may significantly adversely affect the national economy or any
      sector thereof, including a domestic industry; and
        (v) monitoring or controls, or both, are necessary in order to
      carry out the policy set forth in section 3(2)(C) of this Act
      [section 2402(2)(C) of this Appendix].

      (B) The Secretary shall publish in the Federal Register a
    detailed statement of the reasons for the Secretary's determination
    pursuant to subparagraph (A) of whether to impose monitoring or
    controls, or both, including the findings of fact in support of
    that determination.
      (4) Within 15 days after making a determination under paragraph
    (3) to impose monitoring or controls on the export of a material,
    the Secretary shall publish in the Federal Register proposed
    regulations with respect to such monitoring or controls. Within 30
    days after the publication of such proposed regulations, and after
    considering any public comments on the proposed regulations, the
    Secretary shall publish and implement final regulations with
    respect to such monitoring or controls.
      (5) For purposes of publishing notices in the Federal Register
    and scheduling public hearings pursuant to this subsection, the
    Secretary may consolidate petitions, and responses to such
    petitions, which involve the same or related materials.
      (6) If a petition with respect to a particular material or group
    of materials has been considered in accordance with all the
    procedures prescribed in this subsection, the Secretary may
    determine, in the absence of significantly changed circumstances,
    that any other petition with respect to the same material or group
    of materials which is filed within 6 months after the consideration
    of the prior petition has been completed does not merit complete
    consideration under this subsection.
      (7) The procedures and time limits set forth in this subsection
    with respect to a petition filed under this subsection shall take
    precedence over any review undertaken at the initiative of the
    Secretary with respect to the same subject as that of the petition.
      (8) The Secretary may impose monitoring or controls, on a
    temporary basis, on the export of a metallic material after a
    petition is filed under paragraph (1)(A) with respect to that
    material but before the Secretary makes a determination under
    paragraph (3) with respect to that material only if - 
        (A) the failure to take such temporary action would result in
      irreparable harm to the entity filing the petition, or to the
      national economy or segment thereof, including a domestic
      industry, and
        (B) the Secretary considers such action to be necessary to
      carry out the policy set forth in section 3(2)(C) of this Act
      [section 2402(2)(C) of this Appendix].

      (9) The authority under this subsection shall not be construed to
    affect the authority of the Secretary under any other provision of
    this Act [sections 2401 to 2420 of this Appendix], except that if
    the Secretary determines, on the Secretary's own initiative, to
    impose monitoring or controls, or both, on the export of metallic
    materials capable of being recycled, under the authority of this
    section, the Secretary shall publish the reasons for such action in
    accordance with paragraph (3)(A) and (B) of this subsection.
      (10) Nothing contained in this subsection shall be construed to
    preclude submission on a confidential basis to the Secretary of
    information relevant to a decision to impose or remove monitoring
    or controls under the authority of this Act [sections 2401 to 2420
    of this Appendix], or to preclude consideration of such information
    by the Secretary in reaching decisions required under this
    subsection. The provisions of this paragraph shall not be construed
    to affect the applicability of section 552(b) of title 5, United
    States Code.
    (d) Domestically produced crude oil
      (1) Notwithstanding any other provision of this Act [sections
    2401 to 2420 of this Appendix] and notwithstanding subsection (u)
    of section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185),
    no domestically produced crude oil transported by pipeline over
    right-of-way granted pursuant to section 203 of the Trans-Alaska
    Pipeline Authorization Act (43 U.S.C. 1652) (except any such crude
    oil which (A) is exported to an adjacent foreign country to be
    refined and consumed therein in exchange for the same quantity of
    crude oil being exported from that country to the United States;
    such exchange must result through convenience or increased
    efficiency of transportation in lower prices for consumers of
    petroleum products in the United States as described in paragraph
    (2)(A)(ii) of this subsection, (B) is temporarily exported for
    convenience or increased efficiency of transportation across parts
    of an adjacent foreign country and reenters the United States, or
    (C) is transported to Canada, to be consumed therein, in amounts
    not to exceed an annual average of 50,000 barrels per day, in
    addition to exports under subparagraphs (A) and (B), except that
    any ocean transportation of such oil shall be by vessels documented
    under section 12106 of title 46, United States Code) may be
    exported from the United States, or any of its territories and
    possessions, subject to paragraph (2) of this subsection.
      (2) Crude oil subject to the prohibition contained in paragraph
    (1) may be exported only if - 
        (A) the President so recommends to the Congress after making
      and publishing express findings that exports of such crude oil,
      including exchanges - 
          (i) will not diminish the total quantity or quality of
        petroleum refined within, stored within, or legally committed
        to be transported to and sold within the United States;
          (ii) will, within 3 months following the initiation of such
        exports or exchanges, result in (I) acquisition costs to the
        refiners which purchase the imported crude oil being lower than
        the acquisition costs such refiners would have to pay for the
        domestically produced oil in the absence of such an export or
        exchange, and (II) not less than 75 percent of such savings in
        costs being reflected in wholesale and retail prices of
        products refined from such imported crude oil;
          (iii) will be made only pursuant to contracts which may be
        terminated if the crude oil supplies of the United States are
        interrupted, threatened, or diminished;
          (iv) are clearly necessary to protect the national interest;
        and
          (v) are in accordance with the provisions of this Act
        [sections 2401 to 2420 of this Appendix]; and

        (B) the President includes such findings in his recommendation
      to the Congress and the Congress, within 60 days after receiving
      that recommendation, agrees to a joint resolution which approves
      such exports on the basis of those findings, and which is
      thereafter enacted into law.

      (3) Notwithstanding any other provision of this section or any
    other provision of law, including subsection (u) of section 28 of
    the Mineral Leasing Act of 1920 [30 U.S.C. 185(u)], the President
    may export oil to any country pursuant to a bilateral international
    oil supply agreement entered into by the United States with such
    nation before June 25, 1979, or to any country pursuant to the
    International Emergency Oil Sharing Plan of the International
    Energy Agency.
    (e) Refined petroleum products
      (1) In any case in which the President determines that it is
    necessary to impose export controls on refined petroleum products
    in order to carry out the policy set forth in section 3(2)(C) of
    this Act [section 2402(2)(C) of this Appendix], the President shall
    notify the Congress of that determination. The President shall also
    notify the Congress if and when he determines that such export
    controls are no longer necessary. During any period in which a
    determination that such export controls are necessary is in effect,
    no refined petroleum product may be exported except pursuant to an
    export license specifically authorizing such export. Not later than
    5 days after an application for a license to export any refined
    petroleum product or residual fuel oil is received, the Secretary
    shall notify the Congress of such application, together with the
    name of the exporter, the destination of the proposed export, and
    the amount and price of the proposed export. Such notification
    shall be made to the chairman of the Committee on Foreign Affairs
    of the House of Representatives and the chairman of the Committee
    on Banking, Housing, and Urban Affairs of the Senate.
      (2) The Secretary may not grant such license during the 30-day
    period beginning on the date on which notification to the Congress
    under paragraph (1) is received, unless the President certifies in
    writing to the Speaker of the House of Representatives and the
    President pro tempore of the Senate that the proposed export is
    vital to the national interest and that a delay in issuing the
    license would adversely affect that interest.
      (3) This subsection shall not apply to (A) any export license
    application for exports to a country with respect to which
    historical export quotas established by the Secretary on the basis
    of past trading relationships apply, or (B) any license application
    for exports to a country if exports under the license would not
    result in more than 250,000 barrels of refined petroleum products
    being exported from the United States to such country in any fiscal
    year.
      (4) For purposes of this subsection, "refined petroleum product"
    means gasoline, kerosene, distillates, propane or butane gas,
    diesel fuel, and residual fuel oil refined within the United States
    or entered for consumption within the United States.
      (5) The Secretary may extend any time period prescribed in
    section 10 of this Act [section 2409 of this Appendix] to the
    extent necessary to take into account delays in action by the
    Secretary on a license application on account of the provisions of
    this subsection.
    (f) Certain petroleum products
      Petroleum products refined in United States Foreign Trade Zones,
    or in the United States Territory of Guam, from foreign crude oil
    shall be excluded from any quantitative restrictions imposed under
    this section except that, if the Secretary finds that a product is
    in short supply, the Secretary may issue such regulations as may be
    necessary to limit exports.
    (g) Agricultural commodities
      (1) The authority conferred by this section shall not be
    exercised with respect to any agricultural commodity, including
    fats and oils or animal hides or skins, without the approval of the
    Secretary of Agriculture. The Secretary of Agriculture shall not
    approve the exercise of such authority with respect to any such
    commodity during any period for which the supply of such commodity
    is determined by the Secretary of Agriculture to be in excess of
    the requirements of the domestic economy except to the extent the
    President determines that such exercise of authority is required to
    carry out the policies set forth in subparagraph (A) or (B) of
    paragraph (2) of section 3 of this Act [section 2402(2)(A) or (B)
    of this Appendix]. The Secretary of Agriculture shall, by
    exercising the authorities which the Secretary of Agriculture has
    under other applicable provisions of law, collect data with respect
    to export sales of animal hides and skins.
      (2) Upon approval of the Secretary, in consultation with the
    Secretary of Agriculture, agricultural commodities purchased by or
    for use in a foreign country may remain in the United States for
    export at a later date free from any quantitative limitations on
    export which may be imposed to carry out the policy set forth in
    section 3(2)(C) of this Act [section 2402(2)(C) of this Appendix]
    subsequent to such approval. The Secretary may not grant such
    approval unless the Secretary receives adequate assurance and, in
    conjunction with the Secretary of Agriculture, finds (A) that such
    commodities will eventually be exported, (B) that neither the sale
    nor export thereof will result in an excessive drain of scarce
    materials and have a serious domestic inflationary impact, (C) that
    storage of such commodities in the United States will not unduly
    limit the space available for storage of domestically owned
    commodities, and (D) that the purpose of such storage is to
    establish a reserve of such commodities for later use, not
    including resale to or use by another country. The Secretary may
    issue such regulations as may be necessary to implement this
    paragraph.
      (3)(A) If the President imposes export controls on any
    agricultural commodity in order to carry out the policy set forth
    in paragraph (2)(B), (2)(C), (7), or (8) of section 3 of this Act
    [section 2402(2)(B), (2)(C), (7), or (8) of this Appendix], the
    President shall immediately transmit a report on such action to the
    Congress, setting forth the reasons for the controls in detail and
    specifying the period of time, which may not exceed 1 year, that
    the controls are proposed to be in effect. If the Congress, within
    60 days after the date of its receipt of the report, adopts a joint
    resolution pursuant to paragraph (4) approving the imposition of
    the export controls, then such controls shall remain in effect for
    the period specified in the report, or until terminated by the
    President, whichever occurs first. If the Congress, within 60 days
    after the date of its receipt of such report, fails to adopt a
    joint resolution approving such controls, then such controls shall
    cease to be effective upon the expiration of that 60-day period.
      (B) The provisions of subparagraph (A) and paragraph (4) shall
    not apply to export controls - 
        (i) which are extended under this Act [sections 2401 to 2420 of
      this Appendix] if the controls, when imposed, were approved by
      the Congress under subparagraph (A) and paragraph (4); or
        (ii) which are imposed with respect to a country as part of the
      prohibition or curtailment of all exports to that country.

      (4)(A) For purposes of this paragraph, the term "joint
    resolution" means only a joint resolution the matter after the
    resolving clause of which is as follows: "That, pursuant to section
    7(g)(3) of the Export Administration Act of 1979, the President may
    impose export controls as specified in the report submitted to the
    Congress on           .", with the blank space being filled with
    the appropriate date.
      (B) On the day on which a report is submitted to the House of
    Representatives and the Senate under paragraph (3), a joint
    resolution with respect to the export controls specified in such
    report shall be introduced (by request) in the House by the
    chairman of the Committee on Foreign Affairs, for himself and the
    ranking minority member of the Committee, or by Members of the
    House designated by the chairman and ranking minority member; and
    shall be introduced (by request) in the Senate by the majority
    leader of the Senate, for himself and the minority leader of the
    Senate, or by Members of the Senate designated by the majority
    leader and minority leader of the Senate. If either House is not in
    session on the day on which such a report is submitted, the joint
    resolution shall be introduced in that House, as provided in the
    preceding sentence, on the first day thereafter on which that House
    is in session.
      (C) All joint resolutions introduced in the House of
    Representatives shall be referred to the appropriate committee and
    all joint resolutions introduced in the Senate shall be referred to
    the Committee on Banking, Housing, and Urban Affairs.
      (D) If the committee of either House to which a joint resolution
    has been referred has not reported the joint resolution at the end
    of 30 days after its referral, the committee shall be discharged
    from further consideration of the joint resolution or of any other
    joint resolution introduced with respect to the same matter.
      (E) A joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section
    601(b)(4) of the International Security Assistance and Arms Export
    Control Act of 1976. For the purpose of expediting the
    consideration and passage of joint resolutions reported or
    discharged pursuant to the provisions of this paragraph, it shall
    be in order for the Committee on Rules of the House of
    Representatives to present for consideration a resolution of the
    House of Representatives providing procedures for the immediate
    consideration of a joint resolution under this paragraph which may
    be similar, if applicable, to the procedures set forth in section
    601(b)(4) of the International Security Assistance and Arms Export
    Control Act of 1976.
      (F) In the case of a joint resolution described in subparagraph
    (A), if, before the passage by one House of a joint resolution of
    that House, that House receives a resolution with respect to the
    same matter from the other House, then - 
        (i) the procedure in that House shall be the same as if no
      joint resolution had been received from the other House; but
        (ii) the vote on final passage shall be on the joint resolution
      of the other House.

      (5) In the computation of the period of 60 days referred to in
    paragraph (3) and the period of 30 days referred to in subparagraph
    (D) of paragraph (4), there shall be excluded the days on which
    either House of Congress is not in session because of an
    adjournment of more than 3 days to a day certain or because of an
    adjournment of the Congress sine die.
    (h) Barter agreements
      (1) The exportation pursuant to a barter agreement of any goods
    which may lawfully be exported from the United States, for any
    goods which may lawfully be imported into the United States, may be
    exempted, in accordance with paragraph (2) of this subsection, from
    any quantitative limitation on exports (other than any reporting
    requirement) imposed to carry out the policy set forth in section
    3(2)(C) of this Act [section 2402(2)(C) of this Appendix].
      (2) The Secretary shall grant an exemption under paragraph (1) if
    the Secretary finds, after consultation with the appropriate
    department or agency of the United States, that - 
        (A) for the period during which the barter agreement is to be
      performed - 
          (i) the average annual quantity of the goods to be exported
        pursuant to the barter agreement will not be required to
        satisfy the average amount of such goods estimated to be
        required annually by the domestic economy and will be surplus
        thereto; and
          (ii) the average annual quantity of the goods to be imported
        will be less than the average amount of such goods estimated to
        be required annually to supplement domestic production; and

        (B) the parties to such barter agreement have demonstrated
      adequately that they intend, and have the capacity, to perform
      such barter agreement.

      (3) For purposes of this subsection, the term "barter agreement"
    means any agreement which is made for the exchange, without
    monetary consideration, of any goods produced in the United States
    for any goods produced outside of the United States.
      (4) This subsection shall apply only with respect to barter
    agreements entered into after the effective date of this Act
    [September 30, 1979].
    (i) Unprocessed red cedar
      (1) The Secretary shall require a validated license, under the
    authority contained in subsection (a) of this section, for the
    export of unprocessed western red cedar (Thuja plicata) logs,
    harvested from State or Federal lands. The Secretary shall impose
    quantitative restrictions upon the export of unprocessed western
    red cedar logs during the 3-year period beginning on the effective
    date of this Act [September 30, 1979] as follows:
        (A) Not more than thirty million board feet scribner of such
      logs may be exported during the first year of such 3-year period.
        (B) Not more than fifteen million board feet scribner of such
      logs may be exported during the second year of such period.
        (C) Not more than five million board feet scribner of such logs
      may be exported during the third year of such period.

    After the end of such 3-year period, no unprocessed western red
    cedar logs harvested from State or Federal lands may be exported
    from the United States.
      (2) To the maximum extent practicable, the Secretary shall
    utilize the multiple validated export licenses described in section
    4(a)(2) of this Act [section 2403(a)(2) of this Appendix] in lieu
    of validated licenses for exports under this subsection.
      (3) The Secretary shall allocate export licenses to exporters
    pursuant to this subsection on the basis of a prior history of
    exportation by such exporters and such other factors as the
    Secretary considers necessary and appropriate to minimize any
    hardship to the producers of western red cedar and to further the
    foreign policy of the United States.
      (4) Unprocessed western red cedar logs shall not be considered to
    be an agricultural commodity for purposes of subsection (g) of this
    section.
      (5) As used in this subsection, the term "unprocessed western red
    cedar" means red cedar timber which has not been processed into - 
        (A) lumber of American Lumber Standards Grades of Number 3
      dimension or better, or Pacific Lumber Inspection Bureau Export R-
      List Grades of Number 3 common or better;
        (B) chips, pulp, and pulp products;
        (C) veneer and plywood;
        (D) poles, posts, or pilings cut or treated with preservative
      for use as such and not intended to be further processed; or
        (E) shakes and shingles.
    (j) Effect of controls on existing contracts
      The export restrictions contained in subsection (i) of this
    section and any export controls imposed under this section shall
    not affect any contract to harvest unprocessed western red cedar
    from State lands which was entered into before October 1, 1979, and
    the performance of which would make the red cedar available for
    export. Any export controls imposed under this section on any
    agricultural commodity (including fats, oils, and animal hides and
    skins) or on any forest product or fishery product, shall not
    affect any contract to export entered into before the date on which
    such controls are imposed. For purposes of this subsection, the
    term "contract to export" includes, but is not limited to, an
    export sales agreement and an agreement to invest in an enterprise
    which involves the export of goods or technology.
    (k) Oil exports for use by United States military facilities
      For purposes of subsection (d) of this section, and for purposes
    of any export controls imposed under this Act [sections 2401 to
    2420 of this Appendix], shipments of crude oil, refined petroleum
    products, or partially refined petroleum products from the United
    States for use by the Department of Defense or United States-
    supported installations or facilities shall not be considered to
    be exports.

-SOURCE-
    (Pub. L. 96-72, Sec. 7, Sept. 29, 1979, 93 Stat. 515; Pub. L. 99-
    64, title I, Secs. 109, 110, July 12, 1985, 99 Stat. 137, 139;
    Pub. L. 100-180, div. A, title XII, Sec. 1246, Dec. 4, 1987, 101
    Stat. 1165; Pub. L. 100-418, title II, Sec. 2424(a), Aug. 23, 1988,
    102 Stat. 1359; Pub. L. 100-449, title III, Sec. 305(a), Sept. 28,
    1988, 102 Stat. 1876.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 812 of the Agricultural Act of 1970, referred to in
    subsec. (b)(1), which was classified to section 612c-3 of Title 7,
    Agriculture, was repealed by Pub. L. 101-624, title XV, Sec. 1578,
    Nov. 28, 1990, 104 Stat. 3702.
      Section 7(g)(3) of the Export Administration Act of 1979,
    referred to in subsec. (g)(4)(A), is classified to subsec. (g)(3)
    of this section.
      Section 601(b)(4) of the International Security Assistance and
    Arms Export Control Act of 1976, referred to in subsec. (g)(4)(E),
    is section 601(b)(4) of Pub. L. 94-329, June 30, 1976, 90 Stat.
    729, which made provision for expedited procedures in the Senate,
    and is not classified to the Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2406, Pub. L. 91-184, Sec. 7, Dec. 30, 1969, 83
    Stat. 845; Pub. L. 95-52, title I, Secs. 113(a), 114, title II,
    Sec. 201(c), June 22, 1977, 91 Stat. 241, 246, setting forth
    enforcement procedures applicable to the Export Administration Act
    of 1969, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (d)(1). Pub. L. 100-449 struck out "or" before
    "(B)" and inserted ", or (C) is transported to Canada, to be
    consumed therein, in amounts not to exceed an annual average of
    50,000 barrels per day, in addition to exports under subparagraphs
    (A) and (B), except that any ocean transportation of such oil shall
    be by vessels documented under section 12106 of title 46, United
    States Code" after "reenters the United States".
      Subsec. (d)(4). Pub. L. 100-418 struck out par. (4) which
    provided that notwithstanding section 2419 of this Appendix, the
    provisions of this subsection expire Sept. 30, 1990.
      1987 - Subsec. (k). Pub. L. 100-180 added subsec. (k).
      1985 - Subsec. (c). Pub. L. 99-64, Sec. 109, amended subsec. (c)
    generally to require the Secretary to make and publish certain
    determinations of private petitions as well as on self-initiated
    motions before imposing monitoring or controls or both on exports
    of metallic materials capable of being recycled, to require that
    each petition filed requesting the imposition of monitoring,
    controls, or both, on metallic materials capable of being recycled
    indicate that each of the criteria in par. (3)(A) is satisfied, to
    require the Secretary to publish certain determinations, including
    findings of fact in support of the determinations, before deciding
    whether to impose monitoring, controls, or both on exports of such
    material, including whether there has been a significant increase,
    in relation to a specific period of time, in exports of such
    material in relation to domestic supply and demand, and whether
    exports of such material are as important as any other cause of the
    domestic price increase or shortage relative to demand, to allow
    the Secretary to impose monitoring, controls, or both, on a
    temporary basis after a petition is filed if the Secretary
    considers such action to be necessary to carry out the policy set
    forth in section 3(2)(C) of the Act, but before the Secretary makes
    a determination under par. (3) only if failure to take such
    temporary action would result in irreparable harm to the entity
    filing the petition, or to the national economy or segment thereof,
    including a domestic industry, requires that if the Secretary
    determines, on his initiative, to monitor, control, or both, the
    export of such material, the Secretary shall publish the reasons
    for such determination in accordance with par. (3)(A) and (B),
    requires that exports of material be as important as any other
    cause of the increased domestic prices or shortage, and sets a
    standard under which exports need not be the sole or principal
    cause of the price rise or domestic shortage in order for exports
    of the material to be controlled or monitored.
      Subsec. (d)(1). Pub. L. 99-64, Sec. 110(a)(1), substituted
    "subject to paragraph (2) of this subsection" for "unless the
    requirements of paragraph (2) of this subsection are met".
      Subsec. (d)(2)(A). Pub. L. 99-64, Sec. 110(a)(2), substituted
    "the President so recommends to the Congress after making and
    publishing" for "the President makes and publishes" in the
    provisions preceding cl. (i).
      Subsec. (d)(2)(B). Pub. L. 99-64, Sec. 110(a)(3), substituted
    "includes such findings in his recommendation" for "reports such
    findings" and "after receiving that recommendation, agrees to a
    joint resolution which approves such exports on the basis of those
    findings, and which is thereafter enacted into law" for
    "thereafter, agrees to a concurrent resolution approving such
    exports on the basis of the findings".
      Subsec. (d)(4). Pub. L. 99-64, Sec. 110(a)(4), added par. (4).
      Subsec. (e)(1). Pub. L. 99-64, Sec. 110(b), substituted "In any
    case in which the President determines that it is necessary to
    impose export controls on refined petroleum products in order to
    carry out the policy set forth in section 3(2)(C) of this Act, the
    President shall notify the Congress of that determination. The
    President shall also notify the Congress if and when he determines
    that such export controls are no longer necessary. During any
    period in which a determination that such export controls are
    necessary is in effect, no" for "No".
      Subsec. (g)(3). Pub. L. 99-64, Sec. 110(d), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "If the
    authority conferred by this section or section 6 is exercised to
    prohibit or curtail the export of any agricultural commodity in
    order to carry out the policies set forth in subparagraph (B) or
    (C) of paragraph (2) of section 3 of this Act, the President shall
    immediately report such prohibition or curtailment to the Congress,
    setting forth the reasons therefor in detail. If the Congress,
    within 30 days after the date of its receipt of such report, adopts
    a concurrent resolution disapproving such prohibition or
    curtailment, then such prohibition or curtailment shall cease to be
    effective with the adoption of such resolution. In the computation
    of such 30-day period, there shall be excluded the days on which
    either House is not in session because of an adjournment of more
    than 3 days to a day certain or because of an adjournment of the
    Congress sine die."
      Subsec. (g)(4), (5). Pub. L. 99-64, Sec. 110(d), added pars. (4)
    and (5).
      Subsec. (i)(1). Pub. L. 99-64, Sec. 110(c)(1), inserted
    "harvested from State or Federal lands" after "red cedar logs" in
    concluding provision.
      Subsec. (i)(2). Pub. L. 99-64, Sec. 110(c)(3), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (i)(3), (4). Pub. L. 99-64, Sec. 110(c)(2), redesignated
    former pars. (2) and (3) as (3) and (4), respectively. Former pars.
    (3) and (4) redesignated (4) and (5), respectively.
      Subsec. (i)(5). Pub. L. 99-64, Sec. 110(c)(2), redesignated
    former par. (4) as (5).
      Subsec. (i)(5)(A). Pub. L. 99-64, Sec. 110(c)(4), amended subpar.
    (A) generally, substituting "lumber of American Lumber Standards
    Grades of Number 3 dimension or better, or Pacific Lumber
    Inspection Bureau Export R-List Grades of Number 3 common or
    better" for "lumber without wane".
      Subsec. (j). Pub. L. 99-64, Sec. 110(e), added subsec. (j) and
    struck out former subsec. (j) which related to the export of
    horses. See section 466c of Title 46, Appendix, Shipping.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
             EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT         
      Amendment by Pub. L. 100-449 effective on the date the United
    States-Canada Free-Trade Agreement enters into force (Jan. 1,
    1989), and to cease to have effect on the date the Agreement ceases
    to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
    in a note under section 2112 of Title 19, Customs Duties.

                                REGULATIONS                            
      Section 19(b)(2) of Pub. L. 96-72 provided that: "Regulations
    implementing the provisions of section 7(c) of this Act [subsec.
    (c) of this section] shall be issued and take effect not later than
    January 1, 1980."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix, with
    exception of functions conferred upon President under subsec.
    (d)(2) of this section which were reserved to President.


-MISC3-
    ADEQUACY OF EXISTING STATUTORY RESTRICTIONS ON EXPORT OF CRUDE OIL
       PRODUCED IN CONTIGUOUS UNITED STATES IN PROTECTING ENERGY AND
    NATIONAL SECURITY INTEREST AND AMERICAN CONSUMER; STUDY AND REPORT
                        TO CONGRESSIONAL COMMITTEES
      Section 2424(b) of Pub. L. 100-418 directed Secretary of
    Commerce, in consultation with Secretary of Energy, to submit to
    Congress not later than 12 months after Aug. 23, 1988, a report
    containing results of a comprehensive review undertaken to assess
    whether existing statutory restrictions on export of crude oil
    produced in contiguous United States were adequate to protect
    energy and national security interests of United States and
    American consumers, taking into account such things as adequacy of
    domestic supplies of crude oil and refined petroleum products in
    meeting national security as well as consumer needs in the United
    States generally and on West Coast particularly, and further
    provided for public hearing and comment on this review as well as
    consultation with other Federal agencies and committees of
    Congress.

                        MONITORING OF WOOD EXPORTS                    
      Section 2432 of Pub. L. 100-418 directed Secretary of Commerce,
    for a period of 2 years beginning on Aug. 23, 1988, to monitor
    exports of processed and unprocessed wood to all countries of the
    Pacific Rim, and to include results of such monitoring in monthly
    reports to Congress, setting forth, with respect to each item
    monitored, actual exports, destination by country, and domestic and
    worldwide price, supply, and demand.

           UNPROCESSED RED CEDAR EXEMPT FROM EXPORT REGULATIONS       
      Pub. L. 98-411, title V, Sec. 514, Aug. 30, 1984, 98 Stat. 1575,
    provided that: "None of the funds appropriated or made available by
    this Act [Pub. L. 98-411] may be used to enforce or give effect to
    any restriction on the export of unprocessed western red cedar
    harvested from State lands pursuant to a harvesting contract
    entered into prior to October 1, 1979."
      Pub. L. 96-126, title III, Sec. 308, Nov. 27, 1979, 93 Stat. 980,
    provided that: "Notwithstanding the provisions of any other law,
    the State of Alaska is exempted from application of the provisions
    of section 7(i) of the Export Administration Act of 1979 (Public
    Law 96-72) [subsec. (i) of this section]."
      In making continuing appropriations for fiscal year 1981, Pub. L.
    96-536, Secs. 101(o), 102, Dec. 16, 1980, 94 Stat. 3169, as amended
    by Pub. L. 97-12, Sec. 401, June 5, 1981, 95 Stat. 95, provided in
    part for the period Dec. 15, 1980, to Sept. 30, 1981: "such amounts
    as may be necessary for programs, projects, and activities provided
    for in the Departments of State, Justice, and Commerce, the
    Judiciary, and Related Agencies Appropriation Act, 1981 (H.R.
    7584), to the extent and in the manner provided for in such Act as
    enacted by the Congress." H.R. 7584, which was enacted by the
    Congress and vetoed by the President Dec. 13, 1980, contained a
    section 610 that read: "None of the funds appropriated or made
    available by this Act may be used to enforce or give effect to the
    quantitative restrictions required to be imposed by subsection
    7(i)(1) of the Export Administration Act of 1979 (Public Law 96-72)
    [subsec. (i)(1) of this section] in any way which would make such
    restrictions applicable to the export of: (a) up to ninety million
    board feet (computed without regard to exports or export
    authorizations made prior to the effective date of this Act) of
    unprocessed western red cedar harvested from State or Federal lands
    pursuant to a harvesting contract entered into prior to October 1,
    1979, or any extension thereof; or (b) lumber of American Lumber
    Standards Grades of Number 3 dimensions or better, of Pacific
    Lumber Inspection Bureau Export R-List Grades of Number 3 Common or
    better.". Continuing appropriations for fiscal year 1982 were made,
    subject to specified provisions and under the authority and
    conditions provided in the above cited appropriation Act for fiscal
    1981, as follows: For the period Oct. 1, 1981, to Dec. 15, 1981, by
    Pub. L. 97-51, Secs. 101(a)(1), (4), 102, Oct. 1, 1981, 95 Stat.
    958, 959, 961, as amended by Pub. L. 97-85, Nov. 23, 1981, 95 Stat.
    1098; and for the period Dec. 15, 1981, to Sept. 30, 1982, by Pub.
    L. 97-92, Secs. 101(h), 102, Dec. 15, 1981, 95 Stat. 1190, 1193, as
    amended by Pub. L. 97-161, Mar. 31, 1982, 96 Stat. 22.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2407                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2407. Foreign boycotts

-STATUTE-
    (a) Prohibitions and exceptions
      (1) For the purpose of implementing the policies set forth in
    subparagraph (A) or (B) of paragraph (5) of section 3 of this Act
    [section 2402(5)(A) or (B) of this Appendix], the President shall
    issue regulations prohibiting any United States person, with
    respect to his activities in the interstate or foreign commerce of
    the United States, from taking or knowingly agreeing to take any of
    the following actions with intent to comply with, further, or
    support any boycott fostered or imposed by a foreign country
    against a country which is friendly to the United States and which
    is not itself the object of any form of boycott pursuant to United
    States law or regulation:
        (A) Refusing, or requiring any other person to refuse, to do
      business with or in the boycotted country, with any business
      concern organized under the laws of the boycotted country, with
      any national or resident of the boycotted country, or with any
      other person, pursuant to an agreement with, a requirement of, or
      a request from or on behalf of the boycotting country. The mere
      absence of a business relationship with or in the boycotted
      country with any business concern organized under the laws of the
      boycotted country, with any national or resident of the boycotted
      country, or with any other person, does not indicate the
      existence of the intent required to establish a violation of
      regulations issued to carry out this subparagraph.
        (B) Refusing, or requiring any other person to refuse, to
      employ or otherwise discriminating against any United States
      person on the basis of race, religion, sex, or national origin of
      that person or of any owner, officer, director, or employee of
      such person.
        (C) Furnishing information with respect to the race, religion,
      sex, or national origin of any United States person or of any
      owner, officer, director, or employee of such person.
        (D) Furnishing information about whether any person has, has
      had, or proposes to have any business relationship (including a
      relationship by way of sale, purchase, legal or commercial
      representation, shipping or other transport, insurance,
      investment, or supply) with or in the boycotted country, with any
      business concern organized under the laws of the boycotted
      country, with any national or resident of the boycotted country,
      or with any other person which is known or believed to be
      restricted from having any business relationship with or in the
      boycotting country. Nothing in this paragraph shall prohibit the
      furnishing of normal business information in a commercial context
      as defined by the Secretary.
        (E) Furnishing information about whether any person is a member
      of, has made contributions to, or is otherwise associated with or
      involved in the activities of any charitable or fraternal
      organization which supports the boycotted country.
        (F) Paying, honoring, confirming, or otherwise implementing a
      letter of credit which contains any condition or requirement
      compliance with which is prohibited by regulations issued
      pursuant to this paragraph, and no United States person shall, as
      a result of the application of this paragraph, be obligated to
      pay or otherwise honor or implement such letter of credit.

      (2) Regulations issued pursuant to paragraph (1) shall provide
    exceptions for - 
        (A) complying or agreeing to comply with requirements (i)
      prohibiting the import of goods or services from the boycotted
      country or goods produced or services provided by any business
      concern organized under the laws of the boycotted country or by
      nationals or residents of the boycotted country, or (ii)
      prohibiting the shipment of goods to the boycotting country on a
      carrier of the boycotted country, or by a route other than that
      prescribed by the boycotting country or the recipient of the
      shipment;
        (B) complying or agreeing to comply with import and shipping
      document requirements with respect to the country of origin, the
      name of the carrier and route of shipment, the name of the
      supplier of the shipment or the name of the provider of other
      services, except that no information knowingly furnished or
      conveyed in response to such requirements may be stated in
      negative, blacklisting, or similar exclusionary terms, other than
      with respect to carriers or route of shipment as may be permitted
      by such regulations in order to comply with precautionary
      requirements protecting against war risks and confiscation;
        (C) complying or agreeing to comply in the normal course of
      business with the unilateral and specific selection by a
      boycotting country, or national or resident thereof, of carriers,
      insurers, suppliers of services to be performed within the
      boycotting country or specific goods which, in the normal course
      of business, are identifiable by source when imported into the
      boycotting country;
        (D) complying or agreeing to comply with export requirements of
      the boycotting country relating to shipments or transshipments of
      exports to the boycotted country, to any business concern of or
      organized under the laws of the boycotted country, or to any
      national or resident of the boycotted country;
        (E) compliance by an individual or agreement by an individual
      to comply with the immigration or passport requirements of any
      country with respect to such individual or any member of such
      individual's family or with requests for information regarding
      requirements of employment of such individual within the
      boycotting country; and
        (F) compliance by a United States person resident in a foreign
      country or agreement by such person to comply with the laws of
      that country with respect to his activities exclusively therein,
      and such regulations may contain exceptions for such resident
      complying with the laws or regulations of that foreign country
      governing imports into such country of trademarked, trade named,
      or similarly specifically identifiable products, or components of
      products for his own use, including the performance of
      contractual services within that country, as may be defined by
      such regulations.

      (3) Regulations issued pursuant to paragraphs (2)(C) and (2)(F)
    shall not provide exceptions from paragraphs (1)(B) and (1)(C).
      (4) Nothing in this subsection may be construed to supersede or
    limit the operation of the antitrust or civil rights laws of the
    United States.
      (5) This section shall apply to any transaction or activity
    undertaken, by or through a United States person or any other
    person, with intent to evade the provisions of this section as
    implemented by the regulations issued pursuant to this subsection,
    and such regulations shall expressly provide that the exceptions
    set forth in paragraph (2) shall not permit activities or
    agreements (expressed or implied by a course of conduct, including
    a pattern of responses) otherwise prohibited, which are not within
    the intent of such exceptions.
    (b) Foreign policy controls
      (1) In addition to the regulations issued pursuant to subsection
    (a) of this section, regulations issued under section 6 of this Act
    [section 2405 of this Appendix] shall implement the policies set
    forth in section 3(5) [section 2402(5) of this Appendix].
      (2) Such regulations shall require that any United States person
    receiving a request for the furnishing of information, the entering
    into or implementing of agreements, or the taking of any other
    action referred to in section 3(5) [section 2402(5) of this
    Appendix] shall report that fact to the Secretary, together with
    such other information concerning such request as the Secretary may
    require for such action as the Secretary considers appropriate for
    carrying out the policies of that section. Such person shall also
    report to the Secretary whether such person intends to comply and
    whether such person has complied with such request. Any report
    filed pursuant to this paragraph shall be made available promptly
    for public inspection and copying, except that information
    regarding the quantity, description, and value of any goods or
    technology to which such report relates may be kept confidential if
    the Secretary determines that disclosure thereof would place the
    United States person involved at a competitive disadvantage. The
    Secretary shall periodically transmit summaries of the information
    contained in such reports to the Secretary of State for such action
    as the Secretary of State, in consultation with the Secretary,
    considers appropriate for carrying out the policies set forth in
    section 3(5) of this Act [section 2402(5) of this Appendix].
    (c) Preemption
      The provisions of this section and the regulations issued
    pursuant thereto shall preempt any law, rule, or regulation of any
    of the several States or the District of Columbia, or any of the
    territories or possessions of the United States, or of any
    governmental subdivision thereof, which law, rule, or regulation
    pertains to participation in, compliance with, implementation of,
    or the furnishing of information regarding restrictive trade
    practices or boycotts fostered or imposed by foreign countries
    against other countries.

-SOURCE-
    (Pub. L. 96-72, Sec. 8, Sept. 29, 1979, 93 Stat. 521.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The antitrust laws of the United States, referred to in subsec.
    (a)(4), are classified generally to chapter 1 (Sec. 1 et seq.) of
    Title 15, Commerce and Trade.
      The civil rights laws of the United States, referred to in
    subsec. (a)(4), are classified generally to chapter 21 (Sec. 1981
    et seq.) of Title 42, The Public Health and Welfare.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2407, Pub. L. 91-184, Sec. 8, Dec. 30, 1969, 83
    Stat. 846; Pub. L. 95-52, title II, Sec. 203(b), June 22, 1977, 91
    Stat. 247, relating to exemption from administrative procedure and
    judicial review provisions, expired on Sept. 30, 1979.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2408                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2408. Procedures for hardship relief from export controls

-STATUTE-
    (a) Filing of petitions
      Any person who, in such person's domestic manufacturing process
    or other domestic business operation, utilizes a product produced
    abroad in whole or in part from a good historically obtained from
    the United States but which has been made subject to export
    controls, or any person who historically has exported such a good,
    may transmit a petition of hardship to the Secretary requesting an
    exemption from such controls in order to alleviate any unique
    hardship resulting from the imposition of such controls. A petition
    under this section shall be in such form as the Secretary shall
    prescribe and shall contain information demonstrating the need for
    the relief requested.
    (b) Decision of Secretary
      Not later than 30 days after receipt of any petition under
    subsection (a), the Secretary shall transmit a written decision to
    the petitioner granting or denying the requested relief. Such
    decision shall contain a statement setting forth the Secretary's
    basis for the grant or denial. Any exemption granted may be subject
    to such conditions as the Secretary considers appropriate.
    (c) Factors to be considered
      For purposes of this section, the Secretary's decision with
    respect to the grant or denial of relief from unique hardship
    resulting directly or indirectly from the imposition of export
    controls shall reflect the Secretary's consideration of factors
    such as the following:
        (1) Whether denial would cause a unique hardship to the
      petitioner which can be alleviated only by granting an exception
      to the applicable regulations. In determining whether relief
      shall be granted, the Secretary shall take into account - 
          (A) ownership of material for which there is no practicable
        domestic market by virtue of the location or nature of the
        material;
          (B) potential serious financial loss to the applicant if not
        granted an exception;
          (C) inability to obtain, except through import, an item
        essential for domestic use which is produced abroad from the
        good under control;
          (D) the extent to which denial would conflict, to the
        particular detriment of the applicant, with other national
        policies including those reflected in any international
        agreement to which the United States is a party;
          (E) possible adverse effects on the economy (including
        unemployment) in any locality or region of the United States;
        and
          (F) other relevant factors, including the applicant's lack of
        an exporting history during any base period that may be
        established with respect to export quotas for the particular
        good.

        (2) The effect a finding in favor of the applicant would have
      on attainment of the basic objectives of the short supply control
      program.

    In all cases, the desire to sell at higher prices and thereby
    obtain greater profits shall not be considered as evidence of a
    unique hardship, nor will circumstances where the hardship is due
    to imprudent acts or failure to act on the part of the petitioner.

-SOURCE-
    (Pub. L. 96-72, Sec. 9, Sept. 29, 1979, 93 Stat. 524.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2408, Pub. L. 91-184, Sec. 9, Dec. 30, 1969, 83
    Stat. 846, relating to providing information to exporters, expired
    on Sept. 30, 1979.

-End-



-CITE-
    50 USC APPENDIX Sec. 2409                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2409. Procedures for processing export license applications;
      other inquiries

-STATUTE-
    (a) Primary responsibility of Secretary
      (1) All export license applications required under this Act
    [sections 2401 to 2420 of this Appendix] shall be submitted by the
    applicant to the Secretary. All determinations with respect to any
    such application shall be made by the Secretary, subject to the
    procedures provided in this section.
      (2) It is the intent of the Congress that a determination with
    respect to any export license application be made to the maximum
    extent possible by the Secretary without referral of such
    application to any other department or agency of the Government.
      (3) To the extent necessary, the Secretary shall seek information
    and recommendations from the Government departments and agencies
    concerned with aspects of United States domestic and foreign
    policies and operations having an important bearing on exports.
    Such departments and agencies shall cooperate fully in rendering
    such information and recommendations.
    (b) Initial screening
      Within 10 days after the date on which any export license
    application is submitted pursuant to subsection (a)(1), the
    Secretary shall - 
        (1) send the applicant an acknowledgment of the receipt of the
      application and the date of the receipt;
        (2) submit to the applicant a written description of the
      procedures required by this section, the responsibilities of the
      Secretary and of other departments and agencies with respect to
      the application, and the rights of the applicant;
        (3) return the application without action if the application is
      improperly completed or if additional information is required,
      with sufficient information to permit the application to be
      properly resubmitted, in which case if such application is
      resubmitted, it shall be treated as a new application for the
      purpose of calculating the time periods prescribed in this
      section;
        (4) determine whether it is necessary to refer the application
      to any other department or agency and, if such referral is
      determined to be necessary, inform the applicant of any such
      department or agency to which the application will be referred;
      and
        (5) determine whether it is necessary to submit the application
      to a multilateral review process, pursuant to a multilateral
      agreement, formal or informal, to which the United States is a
      party and, if so, inform the applicant of this requirement.
    (c) Action on certain applications
      Except as provided in subsection (o), in each case in which the
    Secretary determines that it is not necessary to refer an
    application to any other department or agency for its information
    and recommendations, a license shall be formally issued or denied
    within 60 days after a properly completed application has been
    submitted pursuant to this section.
    (d) Referral to other departments and agencies
      Except in the case of exports described in subsection (o), in
    each case in which the Secretary determines that it is necessary to
    refer an application to any other department or agency for its
    information and recommendations, the Secretary shall, within 20
    days after the submission of a properly completed application - 
        (1) refer the application, together with all necessary analysis
      and recommendations of the Department of Commerce, concurrently
      to all such departments or agencies; and
        (2) if the applicant so requests, provide the applicant with an
      opportunity to review for accuracy any documentation to be
      referred to any such department or agency with respect to such
      application for the purpose of describing the export in question
      in order to determine whether such documentation accurately
      describes the proposed export.

    Notwithstanding the 10-day period set forth in subsection (b), in
    the case of exports described in subsection (o), in each case in
    which the Secretary determines that it is necessary to refer an
    application to any other department or agency for its information
    and recommendations, the Secretary shall, immediately upon receipt
    of the properly completed application, refer the application to
    such department or agency for its review. Such review shall be
    concurrent with that of the Department of Commerce.
    (e) Action by other departments and agencies
      (1) Any department or agency to which an application is referred
    pursuant to subsection (d) shall submit to the Secretary the
    information or recommendations requested with respect to the
    application. The information or recommendations shall be submitted
    within 20 days after the department or agency receives the
    application or, in the case of exports described in subsection (o),
    before the expiration of the time periods permitted by that
    subsection. Except as provided in paragraph (2), any such
    department or agency which does not submit its recommendations
    within the time period prescribed in the preceding sentence shall
    be deemed by the Secretary to have no objection to the approval of
    such application.
      (2)(A) Except in the case of exports described in subsection (o),
    if the head of any such department or agency notifies the Secretary
    before the expiration of the time period provided in paragraph (1)
    for submission of its recommendations that more time is required
    for review by such department or agency, such department or agency
    shall have an additional 20-day period to submit its
    recommendations to the Secretary. If such department or agency does
    not submit its recommendations within the time period prescribed by
    the preceding sentence, it shall be deemed by the Secretary to have
    no objection to the approval of such application.
      (B) In the case of exports described in subsection (o), if the
    head of any such department or agency notifies the Secretary,
    before the expiration of the 15-day period provided in subsection
    (o)(1), that more time is required for review by such department or
    agency, the Secretary shall notify the applicant, pursuant to
    subsection (o)(1)(C), that additional time is required to consider
    the application, and such department or agency shall have
    additional time to consider the application within the limits
    permitted by subsection (o)(2). If such department or agency does
    not submit its recommendations within the time periods permitted
    under subsection (o), it shall be deemed by the Secretary to have
    no objection to the approval of such application.
    (f) Action by Secretary
      (1) Within 60 days after receipt of the recommendations of other
    departments and agencies with respect to a license application, as
    provided in subsection (e), the Secretary shall formally issue or
    deny the license. In deciding whether to issue or deny a license,
    the Secretary shall take into account any recommendation of a
    department or agency with respect to the application in question.
    In cases where the Secretary receives conflicting recommendations,
    the Secretary shall, within the 60-day period provided for in this
    subsection, take such action as may be necessary to resolve such
    conflicting recommendations. The provisions of this paragraph shall
    not apply in the case of exports described in subsection (o).
      (2) In cases where the Secretary receives questions or negative
    considerations or recommendations from any other department or
    agency with respect to an application, the Secretary shall, to the
    maximum extent consistent with the national security and foreign
    policy of the United States, inform the applicant in writing of the
    specific questions raised and any such negative considerations or
    recommendations. Before a final determination with respect to the
    application is made, the applicant shall be entitled - 
        (A) to respond in writing to such questions, considerations, or
      recommendations within 30 days after receipt of such information
      from the Secretary; and
        (B) upon the filing of a written request with the Secretary
      within 15 days after the receipt of such information, to respond
      in person to the department or agency raising such questions,
      considerations, or recommendations.

    The provisions of this paragraph shall not apply in the case of
    exports described in subsection (o).
      (3) In cases where the Secretary has determined that an
    application should be denied, the applicant shall be informed in
    writing, within 5 days after such determination is made, of - 
        (A) the determination,
        (B) the statutory basis for the proposed denial,
        (C) the policies set forth in section 3 of this Act [section
      2402 of this Appendix] which would be furthered by the proposed
      denial,
        (D) what if any modifications in or restrictions on the goods
      or technology for which the license was sought would allow such
      export to be compatible with export controls imposed under this
      Act [sections 2401 to 2420 of this Appendix],
        (E) which officers and employees of the Department of Commerce
      who are familiar with the application will be made reasonably
      available to the applicant for considerations with regard to such
      modifications or restrictions, if appropriate,
        (F) to the extent consistent with the national security and
      foreign policy of the United States, the specific considerations
      which led to the determination to deny the application, and
        (G) the availability of appeal procedures.

    The Secretary shall allow the applicant at least 30 days to respond
    to the Secretary's determination before the license application is
    denied. In the event decisions on license applications are deferred
    inconsistent with the provisions of this section, the applicant
    shall be so informed in writing within 5 days after such deferral.
      (4) If the Secretary determines that a particular application or
    set of applications is of exceptional importance and complexity,
    and that additional time is required for negotiations to modify the
    application or applications, the Secretary may extend any time
    period prescribed in this section. The Secretary shall notify the
    Congress and the applicant of such extension and the reasons
    therefor. The provisions of this paragraph shall not apply in the
    case of exports described in subsection (o).
    (g) Special procedures for Secretary of Defense
      (1) Notwithstanding any other provision of this section, the
    Secretary of Defense is authorized to review any proposed export of
    any goods or technology to any country to which exports are
    controlled for national security purposes and, whenever the
    Secretary of Defense determines that the export of such goods or
    technology will make a significant contribution, which would prove
    detrimental to the national security of the United States, to the
    military potential of any such country, to recommend to the
    President that such export be disapproved.
      (2) Notwithstanding any other provision of law, the Secretary of
    Defense shall determine, in consultation with the Secretary, and
    confirm in writing the types and categories of transactions which
    should be reviewed by the Secretary of Defense in order to make a
    determination referred to in paragraph (1). Whenever a license or
    other authority is requested for the export to any country to which
    exports are controlled for national security purposes of goods or
    technology within any such type or category, the Secretary shall
    notify the Secretary of Defense of such request, and the Secretary
    may not issue any license or other authority pursuant to such
    request before the expiration of the period within which the
    President may disapprove such export. The Secretary of Defense
    shall carefully consider any notification submitted by the
    Secretary pursuant to this paragraph and, not later than 20 days
    after notification of the request, shall - 
        (A) recommend to the President and the Secretary that he
      disapprove any request for the export of the goods or technology
      involved to the particular country if the Secretary of Defense
      determines that the export of such goods or technology will make
      a significant contribution, which would prove detrimental to the
      national security of the United States, to the military potential
      of such country or any other country;
        (B) notify the Secretary that he would recommend approval
      subject to specified conditions; or
        (C) recommend to the Secretary that the export of goods or
      technology be approved.

    Whenever the Secretary of Defense makes a recommendation to the
    President pursuant to paragraph (2)(A), the Secretary shall also
    submit his recommendation to the President on the request to export
    if the Secretary differs with the Secretary of Defense. If the
    President notifies the Secretary, within 20 days after receiving a
    recommendation from the Secretary of Defense, that he disapproves
    such export, no license or other authority may be issued for the
    export of such goods or technology to such country. If the
    Secretary of Defense fails to make a recommendation or notification
    under this paragraph within the 20-day period specified in the
    third sentence, or if the President, within 20 days after receiving
    a recommendation from the Secretary of Defense with respect to an
    export, fails to notify the Secretary that he approves or
    disapproves the export, the Secretary shall approve or deny the
    request for a license or other authority to export without such
    recommendation or notification.
      (3) The Secretary shall approve or disapprove a license
    application, and issue or deny a license, in accordance with the
    provisions of this subsection, and, to the extent applicable, in
    accordance with the time periods and procedures otherwise set forth
    in this section.
    (h) Multilateral controls
      In any case in which an application, which has been finally
    approved under subsection (c), (f), or (g) of this section, is
    required to be submitted to a multilateral review process, pursuant
    to a multilateral agreement, formal or informal, to which the
    United States is a party, the license shall not be issued as
    prescribed in such subsections, but the Secretary shall notify the
    applicant of the approval of the application (and the date of such
    approval) by the Secretary subject to such multilateral review. The
    license shall be issued upon approval of the application under such
    multilateral review. If such multilateral review has not resulted
    in a determination with respect to the application within 40 days
    after such date, the Secretary's approval of the license shall be
    final and the license shall be issued, unless the Secretary
    determines that issuance of the license would prove detrimental to
    the national security of the United States. At the time at which
    the Secretary makes such a determination, the Secretary shall
    notify the applicant of the determination and shall notify the
    Congress of the determination, the reasons for the determination,
    the reasons for which the multilateral review could not be
    concluded within such 40-day period, and the actions planned or
    being taken by the United States Government to secure conclusion of
    the multilateral review. At the end of every 40-day period after
    such notification to Congress, the Secretary shall advise the
    applicant and the Congress of the status of the application, and
    shall report to the Congress in detail on the reasons for the
    further delay and any further actions being taken by the United
    States Government to secure conclusion of the multilateral review.
    In addition, at the time at which the Secretary issues or denies
    the license upon conclusion of the multilateral review, the
    Secretary shall notify the Congress of such issuance or denial and
    of the total time required for the multilateral review.
    (i) Records
      The Secretary and any department or agency to which any
    application is referred under this section shall keep accurate
    records with respect to all applications considered by the
    Secretary or by any such department or agency, including, in the
    case of the Secretary, any dissenting recommendations received from
    any such department or agency.
    (j) Appeal and court action
      (1) The Secretary shall establish appropriate procedures for any
    applicant to appeal to the Secretary the denial of an export
    license application of the applicant.
      (2) In any case in which any action prescribed in this section is
    not taken on a license application within the time periods
    established by this section (except in the case of a time period
    extended under subsection (f)(4) of which the applicant is
    notified), the applicant may file a petition with the Secretary
    requesting compliance with the requirements of this section. When
    such petition is filed, the Secretary shall take immediate steps to
    correct the situation giving rise to the petition and shall
    immediately notify the applicant of such steps.
      (3) If, within 20 days after a petition is filed under paragraph
    (2), the processing of the application has not been brought into
    conformity with the requirements of this section, or the
    application has been brought into conformity with such requirements
    but the Secretary has not so notified the applicant, the applicant
    may bring an action in an appropriate United States district court
    for a restraining order, a temporary or permanent injunction, or
    other appropriate relief, to require compliance with the
    requirements of this section. The United States district courts
    shall have jurisdiction to provide such relief, as appropriate.
    (k) Changes in requirements for applications
      Except as provided in subsection (b)(3) of this section, in any
    case in which, after a license application is submitted, the
    Secretary changes the requirements for such a license application,
    the Secretary may request appropriate additional information of the
    applicant, but the Secretary may not return the application to the
    applicant without action because it fails to meet the changed
    requirements.
    (l) Other inquiries
      (1) In any case in which the Secretary receives a written request
    asking for the proper classification of a good or technology on the
    control list, the Secretary shall, within 10 working days after
    receipt of the request, inform the person making the request of the
    proper classification.
      (2) In any case in which the Secretary receives a written request
    for information about the applicability of export license
    requirements under this Act [sections 2401 to 2420 of this
    Appendix] to a proposed export transaction or series of
    transactions, the Secretary shall, within 30 days after receipt of
    the request, reply with that information to the person making the
    request.
    (m) Small business assistance
      Not later than 120 days after the date of the enactment of this
    subsection [July 12, 1985], the Secretary shall develop and
    transmit to the Congress a plan to assist small businesses in the
    export licensing application process under this Act [sections 2401
    to 2420 of this Appendix]. The plan shall include, among other
    things, arrangements for counseling small businesses on filing
    applications and identifying goods or technology on the control
    list, proposals for seminars and conferences to educate small
    businesses on export controls and licensing procedures, and the
    preparation of informational brochures. The Secretary shall, not
    later than 120 days after the date of the enactment of the Export
    Enhancement Act of 1988 [Aug. 23, 1988], report to the Congress on
    steps taken to implement the plan developed under this subsection
    to assist small businesses in the export licensing application
    process.
    (n) Reports on license applications
      (1) Not later than 180 days after the date of the enactment of
    this subsection [July 12, 1985], and not later than the end of each
    3-month period thereafter, the Secretary shall submit to the
    Committee on Foreign Affairs of the House of Representatives and to
    the Committee on Banking, Housing, and Urban Affairs of the Senate
    a report listing - 
        (A) all applications on which action was completed during the
      preceding 3-month period and which required a period longer than
      the period permitted under subsection (c), (f)(1), or (h) of this
      section, as the case may be, before notification of a decision to
      approve or deny the application was sent to the applicant; and
        (B) in a separate section, all applications which have been in
      process for a period longer than the period permitted under
      subsection (c), (f)(1), or (h) of this section, as the case may
      be, and upon which final action has not been taken.

      (2) With regard to each application, each listing shall identify -
     
        (A) the application case number;
        (B) the value of the goods or technology to which the
      application relates;
        (C) the country of destination of the goods or technology;
        (D) the date on which the application was received by the
      Secretary;
        (E) the date on which the Secretary approved or denied the
      application;
        (F) the date on which the notification of approval or denial of
      the application was sent to the applicant; and
        (G) the total number of days which elapsed between receipt of
      the application, in its properly completed form, and the earlier
      of the last day of the 3-month period to which the report
      relates, or the date on which notification of approval or denial
      of the application was sent to the applicant.

      (3) With respect to an application which was referred to other
    departments or agencies, the listing shall also include - 
        (A) the departments or agencies to which the application was
      referred;
        (B) the date or dates of such referral; and
        (C) the date or dates on which recommendations were received
      from those departments or agencies.

      (4) With respect to an application referred to any other
    department or agency which did not submit or has not submitted its
    recommendations on the application within the period permitted
    under subsection (e) of this section to submit such
    recommendations, the listing shall also include - 
        (A) the office responsible for processing the application and
      the position of the officer responsible for the office; and
        (B) the period of time that elapsed before the recommendations
      were submitted or that has elapsed since referral of the
      application, as the case may be.

      (5) Each report shall also provide an introduction which contains
    - 
        (A) a summary of the number of applications described in
      paragraph (1)(A) and (B) of this subsection, and the value of the
      goods or technology involved in the applications, grouped
      according to - 
          (i) the number of days which elapsed before action on the
        applications was completed, or which has elapsed without action
        on the applications being completed, as follows: 61 to 75 days,
        76 to 90 days, 91 to 105 days, 106 to 120 days, and more than
        120 days; and
          (ii) the number of days which elapsed before action on the
        applications was completed, or which has elapsed without action
        on the applications being completed, beyond the period
        permitted under subsection (c), (f)(1), or (h) of this section
        for the processing of applications, as follows: not more than
        15 days, 16 to 30 days, 31 to 45 days, 46 to 60 days, and more
        than 60 days; and

        (B) a summary by country of destination of the number of
      applications described in paragraph (1)(A) and (B) of this
      subsection, and the value of the goods or technology involved in
      the applications, on which action was not completed within 60
      days.
    (o) Exports to members of Coordinating Committee
      (1) Fifteen working days after the date of formal filing with the
    Secretary of an individual validated license application for the
    export of goods or technology to a country that maintains export
    controls on such goods or technology pursuant to the agreement of
    the governments participating in the group known as the
    Coordinating Committee, a license for the transaction specified in
    the application shall become valid and effective and the goods or
    technology are authorized for export pursuant to such license
    unless - 
        (A) the application has been otherwise approved by the
      Secretary, in which case it shall be valid and effective
      according to the terms of the approval;
        (B) the application has been denied by the Secretary pursuant
      to this section and the applicant has been so informed, or the
      applicant has been informed, pursuant to subsection (f)(3) of
      this section, that the application should be denied; or
        (C) the Secretary requires additional time to consider the
      application and the applicant has been so informed.

      (2) In the event that the Secretary notifies an applicant
    pursuant to paragraph (1)(C) that more time is required to consider
    an individual validated license application, a license for the
    transaction specified in the application shall become valid and
    effective and the goods or technology are authorized for export
    pursuant to such license 30 working days after the date that such
    license application was formally filed with the Secretary unless - 
        (A) the application has been otherwise approved by the
      Secretary, in which case it shall be valid and effective
      according to the terms of the approval; or
        (B) the application has been denied by the Secretary pursuant
      to this section and the applicant has been so informed, or the
      applicant has been informed, pursuant to subsection (f)(3) of
      this section, that the application should be denied.

      (3) In reviewing an individual license application subject to
    this subsection, the Secretary shall evaluate the information set
    forth in the application and the reliability of the end-user.
      (4) Nothing in this subsection shall affect the scope or
    availability of licenses authorizing multiple exports set forth in
    section 4(a)(2) of this Act [section 2403(a)(2) of this Appendix].
      (5) The provisions of this subsection shall take effect 4 months
    after the date of the enactment of the Export Administration
    Amendments Act of 1985 [July 12, 1985].

-SOURCE-
    (Pub. L. 96-72, Sec. 10, Sept. 29, 1979, 93 Stat. 525; Pub. L. 99-
    64, title I, Sec. 111, July 12, 1985, 99 Stat. 142; Pub. L. 100-
    418, title II, Sec. 2425(a), (c), Aug. 23, 1988, 102 Stat. 1360,
    1361.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2409, Pub. L. 91-184, Sec. 10, Dec. 30, 1969, 83
    Stat. 846; Pub. L. 93-500, Sec. 3(b), Oct. 29, 1974, 88 Stat. 1552;
    Pub. L. 93-608, Sec. 2(1), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 95-
    52, title I, Sec. 116(a), (b)(2), June 22, 1977, 91 Stat. 241,
    242, setting forth requirements respecting semiannual reports to
    President and Congress, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (g)(2). Pub. L. 100-418, Sec. 2425(a)(1)-(3),
    substituted "President and the Secretary" for "President" in
    subpar. (A), inserted before last sentence "Whenever the Secretary
    of Defense makes a recommendation to the President pursuant to
    paragraph (2)(A), the Secretary shall also submit his
    recommendation to the President on the request to export if the
    Secretary differs with the Secretary of Defense.", and inserted at
    end "If the Secretary of Defense fails to make a recommendation or
    notification under this paragraph within the 20-day period
    specified in the third sentence, or if the President, within 20
    days after receiving a recommendation from the Secretary of Defense
    with respect to an export, fails to notify the Secretary that he
    approves or disapproves the export, the Secretary shall approve or
    deny the request for a license or other authority to export without
    such recommendation or notification."
      Subsec. (g)(4). Pub. L. 100-418, Sec. 2425(a)(4), struck out par.
    (4) which read as follows: "Whenever the President exercises his
    authority under this subsection to modify or overrule a
    recommendation made by the Secretary of Defense or exercises his
    authority to modify or overrule any recommendation made by the
    Secretary of Defense under subsection (c) or (d) of section 5 of
    this Act with respect to the list of goods and technologies
    controlled for national security purposes, the President shall
    promptly transmit to the Congress a statement indicating his
    decision, together with the recommendation of the Secretary of
    Defense."
      Subsec. (m). Pub. L. 100-418, Sec. 2425(c), inserted sentence at
    end requiring the Secretary, not later than 120 days after Aug. 23,
    1988, to report to Congress on steps taken to implement the plan
    developed to assist small businesses in the export licensing
    application process.
      1985 - Pub. L. 99-64, Sec. 111(e)(1), inserted "; other
    inquiries" in section catchline.
      Subsec. (c). Pub. L. 99-94, Sec. 111(a)(2), (b)(1), substituted
    "Except as provided in subsection (o) of this section, in each
    case" for "In each case" and "60" for "90".
      Subsec. (d). Pub. L. 99-64, Sec. 111(a)(3), (b)(2), substituted
    "Except in the case of exports described in subsection (o) of this
    section, in each case" for "In each case" and "20" for "30" in
    provisions preceding par. (1), and inserted flush provision
    following par. (2) relating to exports described in subsec. (o)
    when it becomes necessary to refer an application to another
    department or agency for information and recommendations.
      Subsec. (e)(1). Pub. L. 99-64, Sec. 111(b)(3)(A), substituted
    "Any department or agency to which an application is referred
    pursuant to subsection (d) shall submit to the Secretary the
    information or recommendations requested with respect to the
    application" for "Any department or agency to which an application
    is referred pursuant to subsection (d) shall submit to the
    Secretary, within 30 days after its receipt of the application, the
    information or recommendations requested with respect to such
    application" and inserted sentence directing that information or
    recommendations be submitted within 20 days after the department or
    agency receives the application or, in the case of exports
    described in subsection (o), before the expiration of the time
    periods permitted by that subsection.
      Subsec. (e)(2)(A). Pub. L. 99-64, Sec. 111(a)(3), (b)(3)(B)(i),
    designated existing provisions of par. (2) as subpar. (A) and
    substituted "Except in the case of exports described in subsection
    (o), if the head" for "If the head" and "20" for "30".
      Subsec. (e)(2)(B). Pub. L. 99-64, Sec. 111(b)(3)(B)(ii), added
    subpar. (B).
      Subsec. (f)(1). Pub. L. 99-64, Sec. 111(a)(2), (b)(4),
    substituted "60" for "90" in two places and inserted sentence
    providing that the provisions of this paragraph shall not apply in
    the case of exports described in subsection (o).
      Subsec. (f)(2). Pub. L. 99-64, Sec. 111(c), inserted "in writing"
    after "inform the applicant", and substituted provisions describing
    the steps to which the applicant is entitled before a final
    determination with respect to the application is made and providing
    that the provisions of this paragraph shall not apply in the case
    of exports described in subsection (o), for provision that the
    Secretary accord the applicant an opportunity, before the final
    determination with respect to the application is made, to respond
    in writing to such questions, considerations, or recommendations.
      Subsec. (f)(3). Pub. L. 99-64, Sec. 111(d), inserted two new
    sentences describing the content of the writing which the applicant
    is entitled to receive when the Secretary determines that an
    application should be denied and directing that the Secretary allow
    the applicant at least 30 days to respond to the Secretary's
    determination before the license application is denied, and struck
    out existing sentence which had provided: "In cases where the
    Secretary has determined that an application should be denied, the
    applicant shall be informed in writing, within 5 days after such
    determination is made, of the determination, of the statutory basis
    for denial, the policies set forth in section 3 of the Act [section
    2402 of this Appendix] which would be furthered by denial, and, to
    the extent consistent with the national security and foreign policy
    of the United States, the specific considerations which led to the
    denial, and of the availability of appeal procedures."
      Subsec. (f)(4). Pub. L. 99-64, Sec. 111(b)(4), inserted sentence
    providing that provisions of this paragraph shall not apply in the
    case of exports described in subsec. (o).
      Subsec. (g)(2). Pub. L. 99-64, Sec. 111(a)(3), substituted "20"
    for "30" in provisions preceding subpar. (A) and in provisions
    following subpar. (C).
      Subsec. (h). Pub. L. 99-64, Sec. 111(a)(1), substituted "40" for
    "60" wherever appearing.
      Subsec. (j)(3). Pub. L. 99-64, Sec. 111(a)(3), substituted "20"
    for "30".
      Subsecs. (k) to (o). Pub. L. 99-64, Sec. 111(e)(2), added
    subsecs. (k) to (o).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                                REGULATIONS                            
      Section 19(b)(1) of Pub. L. 96-72 provided that: "Regulations
    implementing the provisions of section 10 of this Act [this
    section] shall be issued and take effect not later than July 1,
    1980."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix, with
    exception of functions conferred upon President under subsec. (g)
    of this section which were reserved to President.

-End-



-CITE-
    50 USC APPENDIX Sec. 2410                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2410. Violations

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section, whoever
    knowingly violates or conspires to or attempts to violate any
    provision of this Act [sections 2401 to 2420 of this Appendix] or
    any regulation, order, or license issued thereunder shall be fined
    not more than five times the value of the exports involved or
    $50,000, whichever is greater, or imprisoned not more than 5 years,
    or both.
    (b) Willful violations
      (1) Whoever willfully violates or conspires to or attempts to
    violate any provision of this Act [sections 2401 to 2420 of this
    Appendix] or any regulation, order, or license issued thereunder,
    with knowledge that the exports involved will be used for the
    benefit of, or that the destination or intended destination of the
    goods or technology involved is, any controlled country or any
    country to which exports are controlled for foreign policy purposes
    - 
        (A) except in the case of an individual, shall be fined not
      more than five times the value of the exports involved or
      $1,000,000, whichever is greater; and
        (B) in the case of an individual, shall be fined not more than
      $250,000, or imprisoned not more than 10 years, or both.

      (2) Any person who is issued a validated license under this Act
    [sections 2401 to 2420 of this Appendix] for the export of any good
    or technology to a controlled country and who, with knowledge that
    such a good or technology is being used by such controlled country
    for military or intelligence gathering purposes contrary to the
    conditions under which the license was issued, willfully fails to
    report such use to the Secretary of Defense - 
        (A) except in the case of an individual, shall be fined not
      more than five times the value of the exports involved or
      $1,000,000, whichever is greater; and
        (B) in the case of an individual, shall be fined not more than
      $250,000, or imprisoned not more than 5 years, or both.

      (3) Any person who possesses any goods or technology - 
        (A) with the intent to export such goods or technology in
      violation of an export control imposed under section 5 or 6 of
      this Act [section 2404 or 2405 of this Appendix] or any
      regulation, order, or license issued with respect to such
      control, or
        (B) knowing or having reason to believe that the goods or
      technology would be so exported,

    shall, in the case of a violation of an export control imposed
    under section 5 [section 2404 of this Appendix] (or any regulation,
    order, or license issued with respect to such control), be subject
    to the penalties set forth in paragraph (1) of this subsection and
    shall, in the case of a violation of an export control imposed
    under section 6 [section 2405 of this Appendix] (or any regulation,
    order, or license issued with respect to such control), be subject
    to the penalties set forth in subsection (a).
      (4) Any person who takes any action with the intent to evade the
    provisions of this Act [sections 2401 to 2420 of this Appendix] or
    any regulation, order, or license issued under this Act [sections
    2401 to 2420 of this Appendix] shall be subject to the penalties
    set forth in subsection (a), except that in the case of an evasion
    of an export control imposed under section 5 or 6 of this Act
    [section 2404 or 2405 of this Appendix] (or any regulation, order,
    or license issued with respect to such control), such person shall
    be subject to the penalties set forth in paragraph (1) of this
    subsection.
      (5) Nothing in this subsection or subsection (a) shall limit the
    power of the Secretary to define by regulations violations under
    this Act [sections 2401 to 2420 of this Appendix].
    (c) Civil penalties; administrative sanctions
      (1) The Secretary (and officers and employees of the Department
    of Commerce specifically designated by the Secretary) may impose a
    civil penalty not to exceed $10,000 for each violation of this Act
    [sections 2401 to 2420 of this Appendix] or any regulation, order,
    or license issued under this Act [sections 2401 to 2420 of this
    Appendix], either in addition to or in lieu of any other liability
    or penalty which may be imposed, except that the civil penalty for
    each such violation involving national security controls imposed
    under section 5 of this Act [section 2404 of this Appendix] or
    controls imposed on the export of defense articles and defense
    services under section 38 of the Arms Export Control Act [22 U.S.C.
    2778] may not exceed $100,000.
      (2)(A) The authority under this Act [sections 2401 to 2420 of
    this Appendix] to suspend or revoke the authority of any United
    States person to export goods or technology may be used with
    respect to any violation of the regulations issued pursuant to
    section 8(a) of this Act [section 2407(a) of this Appendix].
      (B) Any administrative sanction (including any civil penalty or
    any suspension or revocation of authority to export) imposed under
    this Act [sections 2401 to 2420 of this Appendix] for a violation
    of the regulations issued pursuant to section 8(a) of this Act
    [section 2407(a) of this Appendix] may be imposed only after notice
    and opportunity for an agency hearing on the record in accordance
    with sections 554 through 557 of title 5, United States Code.
      (C) Any charging letter or other document initiating
    administrative proceedings for the imposition of sanctions for
    violations of the regulations issued pursuant to section 8(a) of
    this Act [section 2407(a) of this Appendix] shall be made available
    for public inspection and copying.
      (3) An exception may not be made to any order issued under this
    Act [sections 2401 to 2420 of this Appendix] which revokes the
    authority of a United States person to export goods or technology
    unless the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Banking, Housing, and Urban
    Affairs of the Senate are first consulted concerning the exception.
      (4) The President may by regulation provide standards for
    establishing levels of civil penalty provided in this subsection
    based upon the seriousness of the violation, the culpability of the
    violator, and the violator's record of cooperation with the
    Government in disclosing the violation.
    (d) Payment of penalties
      The payment of any penalty imposed pursuant to subsection (c) may
    be made a condition, for a period not exceeding one year after the
    imposition of such penalty, to the granting, restoration, or
    continuing validity of any export license, permission, or privilege
    granted or to be granted to the person upon whom such penalty is
    imposed. In addition, the payment of any penalty imposed under
    subsection (c) may be deferred or suspended in whole or in part for
    a period of time no longer than any probation period (which may
    exceed one year) that may be imposed upon such person. Such a
    deferral or suspension shall not operate as a bar to the collection
    of the penalty in the event that the conditions of the suspension,
    deferral, or probation are not fulfilled.
    (e) Refunds
      Any amount paid in satisfaction of any penalty imposed pursuant
    to subsection (c), or any amounts realized from the forfeiture of
    any property interest or proceeds pursuant to subsection (g), shall
    be covered into the Treasury as a miscellaneous receipt. The head
    of the department or agency concerned may, in his discretion,
    refund any such penalty imposed pursuant to subsection (c), within
    2 years after payment, on the ground of a material error of fact or
    law in the imposition of the penalty. Notwithstanding section
    1346(a) of title 28, United States Code, no action for the refund
    of any such penalty may be maintained in any court.
    (f) Actions for recovery of penalties
      In the event of the failure of any person to pay a penalty
    imposed pursuant to subsection (c), a civil action for the recovery
    thereof may, in the discretion of the head of the department or
    agency concerned, be brought in the name of the United States. In
    any such action, the court shall determine de novo all issues
    necessary to the establishment of liability. Except as provided in
    this subsection and in subsection (d), no such liability shall be
    asserted, claimed, or recovered upon by the United States in any
    way unless it has previously been reduced to judgment.
    (g) Forfeiture of property interest and proceeds
      (1) Any person who is convicted under subsection (a) or (b) of a
    violation of an export control imposed under section 5 of this Act
    [section 2404 of this Appendix] (or any regulation, order, or
    license issued with respect to such control) shall, in addition to
    any other penalty, forfeit to the United States - 
        (A) any of that person's interest in, security of, claim
      against, or property or contractual rights of any kind in the
      goods or tangible items that were the subject of the violation;
        (B) any of that person's interest in, security of, claim
      against, or property or contractual rights of any kind in
      tangible property that was used in the export or attempt to
      export that was the subject of the violation; and
        (C) any of that person's property constituting, or derived
      from, any proceeds obtained directly or indirectly as a result of
      the violation.

      (2) The procedures in any forfeiture under this subsection, and
    the duties and authority of the courts of the United States and the
    Attorney General with respect to any forfeiture action under this
    subsection or with respect to any property that may be subject to
    forfeiture under this subsection, shall be governed by the
    provisions of section 1963 of title 18, United States Code.
    (h) Prior convictions
      (1) No person convicted of a violation of this Act [sections 2401
    to 2420 of this Appendix] (or any regulation, license, or order
    issued under this Act [sections 2401 to 2420 of this Appendix]),
    any regulation, license, or order issued under the International
    Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], section
    793, 794, or 798 of title 18, United States Code, section 4(b) of
    the Internal Security Act of 1950 (50 U.S.C. 783(b)),(!1) or
    section 38 of the Arms Export Control Act (22 U.S.C. 2778) shall be
    eligible, at the discretion of the Secretary, to apply for or use
    any export license under this Act [sections 2401 to 2420 of this
    Appendix] for a period of up to 10 years from the date of the
    conviction. The Secretary may revoke any export license under this
    Act [sections 2401 to 2420 of this Appendix] in which such person
    has an interest at the time of the conviction.

      (2) The Secretary may exercise the authority under paragraph (1)
    with respect to any person related, through affiliation, ownership,
    control, or position of responsibility, to any person convicted of
    any violation of law set forth in paragraph (1), upon a showing of
    such relationship with the convicted party, and subject to the
    procedures set forth in section 13(c) of this Act [section 2412(c)
    of this Appendix].
    (i) Other authorities
      Nothing in subsection (c), (d), (f), (g), or (h) limits - 
        (1) the availability of other administrative or judicial
      remedies with respect to violations of this Act [sections 2401 to
      2420 of this Appendix], or any regulation, order, or license
      issued under this Act [sections 2401 to 2420 of this Appendix];
        (2) the authority to compromise and settle administrative
      proceedings brought with respect to violations of this Act
      [sections 2401 to 2420 of this Appendix], or any regulation,
      order, or license issued under this Act [sections 2401 to 2420 of
      this Appendix]; or
        (3) the authority to compromise, remit or mitigate seizures and
      forfeitures pursuant to section 1(b) of title VI of the Act of
      June 15, 1917 (22 U.S.C. 401(b)).

-SOURCE-
    (Pub. L. 96-72, Sec. 11, Sept. 29, 1979, 93 Stat. 529; Pub. L. 97-
    145, Sec. 4(a)-(c), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99-64,
    title I, Sec. 112, July 12, 1985, 99 Stat. 146; Pub. L. 100-418,
    title II, Sec. 2426, Aug. 23, 1988, 102 Stat. 1361.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The International Emergency Economic Powers Act, referred to in
    subsec. (h)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91
    Stat. 1626, which is classified generally to chapter 35 (Sec. 1701
    et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 50 and Tables.
      Section 4(b) of the Internal Security Act of 1950 (50 U.S.C.
    783(b)), referred to in subsec. (h)(1), was redesignated as section
    4(a) of that Act, 50 U.S.C. 783(a), by Pub. L. 103-199, title VIII,
    Sec. 803(2)(B), Dec. 17, 1993, 107 Stat. 2329.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2410, Pub. L. 91-184, Sec. 11, Dec. 30, 1969, 83
    Stat. 846; Pub. L. 95-52, title II, Sec. 204, June 22, 1977, 91
    Stat. 247, defining "person" and "United States person" for
    purposes of the Export Administration Act of 1969, expired on Sept.
    30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (h). Pub. L. 100-418, Sec. 2426, designated
    existing provisions as par. (1), inserted "this Act (or any
    regulation, license, or order issued under this Act), any
    regulation, license, or order issued under the International
    Emergency Economic Powers Act," after "violation of", and added
    par. (2).
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 112(a), inserted "or
    conspires to or attempts to violate".
      Subsec. (b)(1). Pub. L. 99-64, Sec. 112(b)(1), in provisions
    preceding subpar. (A), substituted "Whoever willfully violates or
    conspires to or attempts to violate any provision of this Act or
    any regulation, order, or license issued thereunder, with knowledge
    that the exports involved will be used for the benefit of, or that
    the destination or intended destination of the goods or technology
    involved is, any controlled country or any country to which exports
    are controlled for foreign policy purposes" for "Whoever willfully
    exports anything contrary to any provision of this Act or any
    regulation, order, or license issued thereunder, with knowledge
    that such exports will be used for the benefit of any country to
    which exports are restricted for national security or foreign
    policy purposes".
      Subsec. (b)(2). Pub. L. 99-64, Sec. 112(b)(2), struck out
    sentence which provided that for purposes of this paragraph,
    "controlled country" means any country described in section 620(f)
    of the Foreign Assistance Act of 1961.
      Subsec. (b)(3) to (5). Pub. L. 99-64, Sec. 112(b)(3), added pars.
    (3) to (5).
      Subsec. (c)(1). Pub. L. 99-64, Sec. 112(c)(1), substituted
    "Secretary (and officers and employees of the Department of
    Commerce specifically designated by the Secretary)" for "head of
    any department or agency exercising any functions under this Act,
    or any officer or employee of such department or agency
    specifically designated by the head thereof,".
      Subsec. (c)(3), (4). Pub. L. 99-64, Sec. 112((c)(2), added pars.
    (3) and (4).
      Subsec. (e). Pub. L. 99-64, Sec. 112(d), inserted ", or any
    amounts realized from the forfeiture of any property interest or
    proceeds pursuant to subsection (g)," after "Any amount paid in
    satisfaction of any penalty imposed pursuant to subsection (c)",
    and inserted "imposed pursuant to subsection (c)" after "refund any
    such penalty".
      Subsecs. (g), (h). Pub. L. 99-64, Sec. 112(e)(2), added subsecs.
    (g) and (h). Former subsec. (g) redesignated (i).
      Subsec. (i). Pub. L. 99-64, Sec. 112(e)(1), (f), redesignated
    former subsec. (g) as (i) and substituted "(f), (g), or (h)" for
    "or (f)" in provisions preceding par. (1).
      1981 - Subsec. (b)(1). Pub. L. 97-145, Sec. 4(a), in penalty
    provisions, substituted separate penalties for individuals and
    others in subpars. (A) and (B), for provisions prescribing a fine
    of not more than five times the value of the exports involved or
    $100,000, whichever was greater, or imprisonment of not more than
    10 years, or both.
      Subsec. (b)(2). Pub. L. 97-145, Sec. 4(b), in penalty provisions,
    substituted separate penalties for individuals and others in
    subpars. (A) and (B), for provisions prescribing a fine of not more
    than five times the value of the exports involved or $100,000,
    whichever was greater, or imprisonment for not more than 5 years,
    or both.
      Subsec. (c)(1). Pub. L. 97-145, Sec. 3(c), inserted exception
    that the civil penalty for each violation involving national
    security controls imposed under section 2404 of this Appendix or
    controls imposed on the export of defense articles and defense
    services under section 2778 of title 22 may not exceed $100,000.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 4(d) of Pub. L. 97-145 provided that: "The amendments
    made by this section [amending this section] apply with respect to
    violations occurring after the date of the enactment of this Act
    [Dec. 29, 1981]."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2410a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2410a. Multilateral export control violations

-STATUTE-
    (a) Determination by the President
      The President, subject to subsection (c), shall apply sanctions
    under subsection (b) for a period of not less than 2 years and not
    more than 5 years, if the President determines that - 
        (1) a foreign person has violated any regulation issued by a
      country to control exports for national security purposes
      pursuant to the agreement of the group known as the Coordinating
      Committee, and
        (2) such violation has resulted in substantial enhancement of
      Soviet and East bloc capabilities in submarine or antisubmarine
      warfare, ballistic or antiballistic missile technology, strategic
      aircraft, command, control, communications and intelligence, or
      other critical technologies as determined by the President, on
      the advice of the National Security Council, to represent a
      serious adverse impact on the strategic balance of forces.

    The President shall notify the Congress of each action taken under
    this section. This section, except subsections (h) and (j), applies
    only to violations that occur after the date of the enactment of
    the Export Enhancement Act of 1988 [Aug. 23, 1988].
    (b) Sanctions
      The sanctions referred to in subsection (a) shall apply to the
    foreign person committing the violation, as well as to any parent,
    affiliate, subsidiary, and successor entity of the foreign person,
    and, except as provided in subsection (c), are as follows:
        (1) a prohibition on contracting with, and procurement of
      products and services from, a sanctioned person, by any
      department, agency, or instrumentality of the United States
      Government, and
        (2) a prohibition on importation into the United States of all
      products produced by a sanctioned person.
    (c) Exceptions
      The President shall not apply sanctions under this section - 
        (1) in the case of procurement of defense articles or defense
      services - 
          (A) under existing contracts or subcontracts, including the
        exercise of options for production quantities to satisfy United
        States operational military requirements;
          (B) if the President determines that the foreign person or
        other entity to which the sanctions would otherwise be applied
        is a sole source supplier of essential defense articles or
        services and no alternative supplier can be identified; or
          (C) if the President determines that such articles or
        services are essential to the national security under defense
        coproduction agreements; or

        (2) to - 
          (A) products or services provided under contracts or other
        binding agreements (as such terms are defined by the President
        in regulations) entered into before the date on which the
        President notifies the Congress of the intention to impose the
        sanctions;
          (B) spare parts;
          (C) component parts, but not finished products, essential to
        United States products or production;
          (D) routine servicing and maintenance of products; or
          (E) information and technology.
    (d) Exclusion
      The President shall not apply sanctions under this section to a
    parent, affiliate, subsidiary, and successor entity of a foreign
    person if the President determines that - 
        (1) the parent, affiliate, subsidiary, or successor entity (as
      the case may be) has not knowingly violated the export control
      regulation violated by the foreign person, and
        (2) the government of the country with jurisdiction over the
      parent, affiliate, subsidiary, or successor entity had in effect,
      at the time of the violation by the foreign person, an effective
      export control system consistent with principles agreed to in the
      Coordinating Committee, including the following:
          (A) national laws providing appropriate civil and criminal
        penalties and statutes of limitations sufficient to deter
        potential violations;
          (B) a program to evaluate export license applications that
        includes sufficient technical expertise to assess the licensing
        status of exports and ensure the reliability of end-users;
          (C) an enforcement mechanism that provides authority for
        trained enforcement officers to investigate and prevent illegal
        exports;
          (D) a system of export control documentation to verify the
        movement of goods and technology; and
          (E) procedures for the coordination and exchange of
        information concerning violations of the agreement of the
        Coordinating Committee.
    (e) Definitions
      For purposes of this section - 
        (1) the term "component part" means any article which is not
      usable for its intended functions without being imbedded in or
      integrated into any other product and which, if used in
      production of a finished product, would be substantially
      transformed in that process;
        (2) the term "finished product" means any article which is
      usable for its intended functions without being imbedded or
      integrated into any other product, but in no case shall such term
      be deemed to include an article produced by a person other than a
      sanctioned person that contains parts or components of the
      sanctioned person if the parts or components have been
      substantially transformed during production of the finished
      product; and
        (3) the term "sanctioned person" means a foreign person, and
      any parent, affiliate, subsidiary, or successor entity of the
      foreign person, upon whom sanctions have been imposed under this
      section.
    (f) Subsequent modifications of sanctions
      The President may, after consultation with the Congress, limit
    the scope of sanctions applied to a parent, affiliate, subsidiary,
    or successor entity of the foreign person determined to have
    committed the violation on account of which the sanctions were
    imposed if the President determines that - 
        (1) the parent, affiliate, subsidiary, or successor entity (as
      the case may be) has not, on the basis of available evidence,
      itself violated the export control regulation involved, either
      directly or through a course of conduct;
        (2) the government with jurisdiction over the parent,
      affiliate, subsidiary, or successor entity has improved its
      export control system as measured by the criteria set forth in
      subsection (d)(2);
        (3) the parent, affiliate, subsidiary, or successor entity, has
      instituted improvements in internal controls sufficient to detect
      and prevent violations of the export control regime implemented
      under paragraph (2); and
        (4) the impact of the sanctions imposed on the parent,
      affiliate, subsidiary, or successor entity is proportionate to
      the increased defense expenditures imposed on the United States.

    Notwithstanding the preceding sentence, the President may not limit
    the scope of the sanction referred to in subsection (b)(1) with
    respect to the parent of the foreign person determined to have
    committed the violation, until that sanction has been in effect for
    at least 2 years.
    (g) Reports to Congress
      The President shall include in the annual report submitted under
    section 14 [section 2413 of this Appendix], a report on the status
    of any sanctions imposed under this section, including any
    exceptions, exclusions, or modifications of sanctions that have
    been applied under subsection (c), (d), or (f).
    (h) Discretionary imposition of sanctions
      If the President determines that a foreign person has violated a
    regulation issued by a country to control exports for national
    security purposes pursuant to the agreement of the group known as
    the Coordinating Committee, but in a case in which subsection
    (a)(2) may not apply, the President may apply the sanctions
    referred to in subsection (b) against that foreign person for a
    period of not more than 5 years.
    (i) Compensation for diversion of militarily critical technologies
      to controlled countries
      (1) In cases in which sanctions have been applied against a
    foreign person under subsection (a), the President shall initiate
    discussions with the foreign person and the government with
    jurisdiction over that foreign person regarding compensation on the
    part of the foreign person in an amount proportionate to the costs
    of research and development and procurement of new defensive
    systems by the United States and the allies of the United States to
    counteract the effect of the technological advance achieved by the
    Soviet Union as a result of the violation by that foreign person.
      (2) The President shall, at the time that discussions are
    initiated under paragraph (1), report to the Congress that such
    discussions are being undertaken, and shall report to the Congress
    the outcome of those discussions.
    (j) Other actions by the President
      Upon making a determination under subsection (a) or (h), the
    President shall - 
        (1) initiate consultations with the foreign government with
      jurisdiction over the foreign person who committed the violation
      involved, in order to seek prompt remedial action by that
      government;
        (2) initiate discussions with the governments participating in
      the Coordinating Committee regarding the violation and means to
      ensure that similar violations do not occur; and
        (3) consult with and report to the Congress on the nature of
      the violation and the actions the President proposes to take, or
      has taken, to rectify the situation.
    (k) Damages for certain violations
      (1) In any case in which the President makes a determination
    under subsection (a), the Secretary of Defense shall determine the
    costs of restoring the military preparedness of the United States
    on account of the violation involved. The Secretary of Defense
    shall notify the Attorney General of his determination, and the
    Attorney General may bring an action for damages, in any
    appropriate district court of the United States, to recover such
    costs against the person who committed the violation, any person
    that is owned or controlled by the person who committed the
    violation, and any person who owns and controls the person who
    committed the violation.
      (3) (!1) The total amount awarded in any case brought under
    paragraph (2) (!1) shall be determined by the court in light of the
    facts and circumstances, but shall not exceed the amount of the net
    loss to the national security of the United States. An action under
    this subsection shall be commenced not later than 3 years after the
    violation occurs, or one year after the violation is discovered,
    whichever is later.

    (l) Definition
      For purposes of this section, the term "foreign person" means any
    person other than a United States person.

-SOURCE-
    (Pub. L. 96-72, Sec. 11A, as added Pub. L. 100-418, title II, Sec.
    2444, Aug. 23, 1988, 102 Stat. 1366.)


-MISC1-
    PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN MILITARY
                              EXCHANGE STORES
      Pub. L. 101-165, title IX, Sec. 9087, Nov. 21, 1989, 103 Stat.
    1148, provided that during period beginning Nov. 21, 1989, and
    through Dec. 28, 1991, no product manufactured or assembled by
    Toshiba America, Inc., or Toshiba Corporation (or any of its
    affiliates or subsidiaries) may be purchased by the Department of
    Defense for the purpose of resale of such product in a military
    exchange store or in any other morale, welfare, recreation, or
    resale activity operated by the Department of Defense (either
    directly or by concessionaire), with an exception for microwave
    ovens manufactured or assembled in the United States. Similar
    provisions were contained in the following prior appropriation
    acts:
      Pub. L. 100-463, title VIII, Sec. 8092, Oct. 1, 1988, 102 Stat.
    2270-34.
      Pub. L. 100-456, div. A, title III, Sec. 313, Sept. 29, 1988, 102
    Stat. 1951.

             MANDATORY SANCTIONS AGAINST TOSHIBA AND KONGSBERG         
      Sections 2442 and 2443 of Pub. L. 100-418 contained congressional
    statement of findings, directed President to impose, for a period
    of 3 years, (1) a prohibition on contracting with, and procurement
    of products and services from, Toshiba Machine Company and
    Kongsberg Trading Company, and any other foreign person whom
    President found to have knowingly facilitated the diversion of
    advanced milling machinery by Toshiba Machine Company and Kongsberg
    Trading Company to the Soviet Union, by any department, agency, or
    instrumentality of United States Government, and (2) a prohibition
    on importation into United States of all products produced by
    Toshiba Machine Company, Kongsberg Trading Company, and any such
    foreign person; and directed President to impose, for a period of 3
    years, a prohibition on contracting with, and procurement of
    products and services from, the Toshiba Corporation and Kongsberg
    Vaapenfabrikk, by any department, agency, or instrumentality of the
    United States Government, with certain exceptions.

-FOOTNOTE-
    (!1) So in original. Subsec. (k) was enacted without a par. (2).


-End-



-CITE-
    50 USC APPENDIX Sec. 2410b                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2410b. Missile proliferation control violations

-STATUTE-
    (a) Violations by United States persons
      (1) Sanctions
        (A) If the President determines that a United States person
      knowingly - 
          (i) exports, transfers, or otherwise engages in the trade of
        any item on the MTCR Annex, in violation of the provisions of
        section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export
        Control Act [22 U.S.C. 2797 et seq.], section 5 or 6 of this
        Act [section 2404 or 2405 of this Appendix], or any regulations
        or orders issued under any such provisions,
          (ii) conspires to or attempts to engage in such export,
        transfer, or trade, or
          (iii) facilitates such export, transfer, or trade by any
        other person,

      then the President shall impose the applicable sanctions
      described in subparagraph (B).
        (B) The sanctions which apply to a United States person under
      subparagraph (A) are the following:
          (i) If the item on the MTCR Annex involved in the export,
        transfer, or trade is missile equipment or technology within
        category II of the MTCR Annex, then the President shall deny to
        such United States person, for a period of 2 years, licenses
        for the transfer of missile equipment or technology controlled
        under this Act [sections 2401 to 2420 of this Appendix].
          (ii) If the item on the MTCR Annex involved in the export,
        transfer, or trade is missile equipment or technology within
        category I of the MTCR Annex, then the President shall deny to
        such United States person, for a period of not less than 2
        years, all licenses for items the export of which is controlled
        under this Act [sections 2401 to 2420 of this Appendix].
      (2) Discretionary sanctions
        In the case of any determination referred to in paragraph (1),
      the Secretary may pursue any other appropriate penalties under
      section 11 of this Act [section 2410 of this Appendix].
      (3) Waiver
        The President may waive the imposition of sanctions under
      paragraph (1) on a person with respect to a product or service if
      the President certifies to the Congress that - 
          (A) the product or service is essential to the national
        security of the United States; and
          (B) such person is a sole source supplier of the product or
        service, the product or service is not available from any
        alternative reliable supplier, and the need for the product or
        service cannot be met in a timely manner by improved
        manufacturing processes or technological developments.
    (b) Transfers of missile equipment or technology by foreign persons
      (1) Sanctions
        (A) Subject to paragraphs (3) through (7), if the President
      determines that a foreign person, after the date of the enactment
      of this section [Nov. 5, 1990], knowingly - 
          (i) exports, transfers, or otherwise engages in the trade of
        any MTCR equipment or technology that contributes to the
        design, development, or production of missiles in a country
        that is not an MTCR adherent and would be, if it were United
        States-origin equipment or technology, subject to the
        jurisdiction of the United States under this Act [sections 2401
        to 2420 of this Appendix],
          (ii) conspires to or attempts to engage in such export,
        transfer, or trade, or
          (iii) facilitates such export, transfer, or trade by any
        other person,

      or if the President has made a determination with respect to a
      foreign person under section 73(a) of the Arms Export Control Act
      [22 U.S.C. 2797b(a)], then the President shall impose on that
      foreign person the applicable sanctions under subparagraph (B).
        (B) The sanctions which apply to a foreign person under
      subparagraph (A) are the following:
          (i) If the item involved in the export, transfer, or trade is
        within category II of the MTCR Annex, then the President shall
        deny, for a period of 2 years, licenses for the transfer to
        such foreign person of missile equipment or technology the
        export of which is controlled under this Act [sections 2401 to
        2420 of this Appendix].
          (ii) If the item involved in the export, transfer, or trade
        is within category I of the MTCR Annex, then the President
        shall deny, for a period of not less than 2 years, licenses for
        the transfer to such foreign person of items the export of
        which is controlled under this Act [sections 2401 to 2420 of
        this Appendix].
          (iii) If, in addition to actions taken under clauses (i) and
        (ii), the President determines that the export, transfer, or
        trade has substantially contributed to the design, development,
        or production of missiles in a country that is not an MTCR
        adherent, then the President shall prohibit, for a period of
        not less than 2 years, the importation into the United States
        of products produced by that foreign person.
      (2) Inapplicability with respect to MTCR adherents
        Paragraph (1) does not apply with respect to - 
          (A) any export, transfer, or trading activity that is
        authorized by the laws of an MTCR adherent, if such
        authorization is not obtained by misrepresentation or fraud; or
          (B) any export, transfer, or trade of an item to an end user
        in a country that is an MTCR adherent.
      (3) Effect of enforcement actions by MTCR adherents
        Sanctions set forth in paragraph (1) may not be imposed under
      this subsection on a person with respect to acts described in
      such paragraph or, if such sanctions are in effect against a
      person on account of such acts, such sanctions shall be
      terminated, if an MTCR adherent is taking judicial or other
      enforcement action against that person with respect to such acts,
      or that person has been found by the government of an MTCR
      adherent to be innocent of wrongdoing with respect to such acts.
      (4) Advisory opinions
        The Secretary, in consultation with the Secretary of State and
      the Secretary of Defense, may, upon the request of any person,
      issue an advisory opinion to that person as to whether a proposed
      activity by that person would subject that person to sanctions
      under this subsection. Any person who relies in good faith on
      such an advisory opinion which states that the proposed activity
      would not subject a person to such sanctions, and any person who
      thereafter engages in such activity, may not be made subject to
      such sanctions on account of such activity.
      (5) Waiver and report to Congress
        (A) In any case other than one in which an advisory opinion has
      been issued under paragraph (4) stating that a proposed activity
      would not subject a person to sanctions under this subsection,
      the President may waive the application of paragraph (1) to a
      foreign person if the President determines that such waiver is
      essential to the national security of the United States.
        (B) In the event that the President decides to apply the waiver
      described in subparagraph (A), the President shall so notify the
      Congress not less than 20 working days before issuing the waiver.
      Such notification shall include a report fully articulating the
      rationale and circumstances which led the President to apply the
      waiver.
      (6) Additional waiver
        The President may waive the imposition of sanctions under
      paragraph (1) on a person with respect to a product or service if
      the President certifies to the Congress that - 
          (A) the product or service is essential to the national
        security of the United States; and
          (B) such person is a sole source supplier of the product or
        service, the product or service is not available from any
        alternative reliable supplier, and the need for the product or
        service cannot be met in a timely manner by improved
        manufacturing processes or technological developments.
      (7) Exceptions
        The President shall not apply the sanction under this
      subsection prohibiting the importation of the products of a
      foreign person - 
          (A) in the case of procurement of defense articles or defense
        services - 
            (i) under existing contracts or subcontracts, including the
          exercise of options for production quantities to satisfy
          requirements essential to the national security of the United
          States;
            (ii) if the President determines that the person to which
          the sanctions would be applied is a sole source supplier of
          the defense articles and services, that the defense articles
          or services are essential to the national security of the
          United States, and that alternative sources are not readily
          or reasonably available; or
            (iii) if the President determines that such articles or
          services are essential to the national security of the United
          States under defense coproduction agreements or NATO Programs
          of Cooperation;

          (B) to products or services provided under contracts entered
        into before the date on which the President publishes his
        intention to impose the sanctions; or
          (C) to - 
            (i) spare parts,
            (ii) component parts, but not finished products, essential
          to United States products or production,
            (iii) routine services and maintenance of products, to the
          extent that alternative sources are not readily or reasonably
          available, or
            (iv) information and technology essential to United States
          products or production.
    (c) Definitions
      For purposes of this section and subsections (k) and (l) of
    section 6 [section 2405(k) and (l) of this Appendix] - 
        (1) the term "missile" means a category I system as defined in
      the MTCR Annex, and any other unmanned delivery system of similar
      capability, as well as the specially designed production
      facilities for these systems;
        (2) the term "Missile Technology Control Regime" or "MTCR"
      means the policy statement, between the United States, the United
      Kingdom, the Federal Republic of Germany, France, Italy, Canada,
      and Japan, announced on April 16, 1987, to restrict sensitive
      missile-relevant transfers based on the MTCR Annex, and any
      amendments thereto;
        (3) the term "MTCR adherent" means a country that participates
      in the MTCR or that, pursuant to an international understanding
      to which the United States is a party, controls MTCR equipment or
      technology in accordance with the criteria and standards set
      forth in the MTCR;
        (4) the term "MTCR Annex" means the Guidelines and Equipment
      and Technology Annex of the MTCR, and any amendments thereto;
        (5) the terms "missile equipment or technology" and "MTCR
      equipment or technology" mean those items listed in category I or
      category II of the MTCR Annex;
        (6) the term "foreign person" means any person other than a
      United States person;
        (7)(A) the term "person" means a natural person as well as a
      corporation, business association, partnership, society, trust,
      any other nongovernmental entity, organization, or group, and any
      governmental entity operating as a business enterprise, and any
      successor of any such entity; and
        (B) in the case of countries where it may be impossible to
      identify a specific governmental entity referred to in
      subparagraph (A), the term "person" means - 
          (i) all activities of that government relating to the
        development or production of any missile equipment or
        technology; and
          (ii) all activities of that government affecting the
        development or production of aircraft, electronics, and space
        systems or equipment; and

        (8) the term "otherwise engaged in the trade of" means, with
      respect to a particular export or transfer, to be a freight
      forwarder or designated exporting agent, or a consignee or end
      user of the item to be exported or transferred.

-SOURCE-
    (Pub. L. 96-72, Sec. 11B, as added Pub. L. 101-510, div. A, title
    XVII, Sec. 1702(b), Nov. 5, 1990, 104 Stat. 1741.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (a)(1)(A)(i),
    is Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended.
    Chapter 7 of the Act is classified generally to subchapter VII
    (Sec. 2797 et seq.) of chapter 39 of Title 22, Foreign Relations
    and Intercourse. For complete classification of this Act to the
    Code, see Short Title note set out under section 2751 of Title 22
    and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of Commerce, with certain exceptions, by section 2(b) of Ex. Ord.
    No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under
    section 2797 of Title 22, Foreign Relations and Intercourse.

-End-



-CITE-
    50 USC APPENDIX Sec. 2410c                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2410c. Chemical and biological weapons proliferation sanctions

-STATUTE-
    (a) Imposition of sanctions
      (1) Determination by the President
        Except as provided in subsection (b)(2), the President shall
      impose both of the sanctions described in subsection (c) if the
      President determines that a foreign person, on or after October
      28, 1991, has knowingly and materially contributed - 
          (A) through the export from the United States of any goods or
        technology that are subject to the jurisdiction of the United
        States under this Act [sections 2401 to 2420 of this Appendix],
        or
          (B) through the export from any other country of any goods or
        technology that would be, if they were United States goods or
        technology, subject to the jurisdiction of the United States
        under this Act [sections 2401 to 2420 of this Appendix],

      to the efforts by any foreign country, project, or entity
      described in paragraph (2) to use, develop, produce, stockpile,
      or otherwise acquire chemical or biological weapons.
      (2) Countries, projects, or entities receiving assistance
        Paragraph (1) applies in the case of - 
          (A) any foreign country that the President determines has, at
        any time after January 1, 1980 - 
            (i) used chemical or biological weapons in violation of
          international law;
            (ii) used lethal chemical or biological weapons against its
          own nationals; or
            (iii) made substantial preparations to engage in the
          activities described in clause (i) or (ii);

          (B) any foreign country whose government is determined for
        purposes of section 6(j) of this Act [section 2405(j) of this
        Appendix] to be a government that has repeatedly provided
        support for acts of international terrorism; or
          (C) any other foreign country, project, or entity designated
        by the President for purposes of this section.
      (3) Persons against which sanctions are to be imposed
        Sanctions shall be imposed pursuant to paragraph (1) on - 
          (A) the foreign person with respect to which the President
        makes the determination described in that paragraph;
          (B) any successor entity to that foreign person;
          (C) any foreign person that is a parent or subsidiary of that
        foreign person if that parent or subsidiary knowingly assisted
        in the activities which were the basis of that determination;
        and
          (D) any foreign person that is an affiliate of that foreign
        person if that affiliate knowingly assisted in the activities
        which were the basis of that determination and if that
        affiliate is controlled in fact by that foreign person.
    (b) Consultations with and actions by foreign government of
      jurisdiction
      (1) Consultations
        If the President makes the determinations described in
      subsection (a)(1) with respect to a foreign person, the Congress
      urges the President to initiate consultations immediately with
      the government with primary jurisdiction over that foreign person
      with respect to the imposition of sanctions pursuant to this
      section.
      (2) Actions by government of jurisdiction
        In order to pursue such consultations with that government, the
      President may delay imposition of sanctions pursuant to this
      section for a period of up to 90 days. Following these
      consultations, the President shall impose sanctions unless the
      President determines and certifies to the Congress that that
      government has taken specific and effective actions, including
      appropriate penalties, to terminate the involvement of the
      foreign person in the activities described in subsection (a)(1).
      The President may delay imposition of sanctions for an additional
      period of up to 90 days if the President determines and certifies
      to the Congress that that government is in the process of taking
      the actions described in the preceding sentence.
      (3) Report to Congress
        The President shall report to the Congress, not later than 90
      days after making a determination under subsection (a)(1), on the
      status of consultations with the appropriate government under
      this subsection, and the basis for any determination under
      paragraph (2) of this subsection that such government has taken
      specific corrective actions.
    (c) Sanctions
      (1) Description of sanctions
        The sanctions to be imposed pursuant to subsection (a)(1) are,
      except as provided in paragraph (2) of this subsection, the
      following:
        (A) Procurement sanction
          The United States Government shall not procure, or enter into
        any contract for the procurement of, any goods or services from
        any person described in subsection (a)(3).
        (B) Import sanctions
          The importation into the United States of products produced
        by any person described in subsection (a)(3) shall be
        prohibited.
      (2) Exceptions
        The President shall not be required to apply or maintain
      sanctions under this section - 
          (A) in the case of procurement of defense articles or defense
        services - 
            (i) under existing contracts or subcontracts, including the
          exercise of options for production quantities to satisfy
          United States operational military requirements;
            (ii) if the President determines that the person or other
          entity to which the sanctions would otherwise be applied is a
          sole source supplier of the defense articles or services,
          that the defense articles or services are essential, and that
          alternative sources are not readily or reasonably available;
          or
            (iii) if the President determines that such articles or
          services are essential to the national security under defense
          coproduction agreements;

          (B) to products or services provided under contracts entered
        into before the date on which the President publishes his
        intention to impose sanctions;
          (C) to - 
            (i) spare parts,
            (ii) component parts, but not finished products, essential
          to United States products or production, or
            (iii) routine servicing and maintenance of products, to the
          extent that alternative sources are not readily or reasonably
          available;

          (D) to information and technology essential to United States
        products or production; or
          (E) to medical or other humanitarian items.
    (d) Termination of sanctions
      The sanctions imposed pursuant to this section shall apply for a
    period of at least 12 months following the imposition of sanctions
    and shall cease to apply thereafter only if the President
    determines and certifies to the Congress that reliable information
    indicates that the foreign person with respect to which the
    determination was made under subsection (a)(1) has ceased to aid or
    abet any foreign government, project, or entity in its efforts to
    acquire chemical or biological weapons capability as described in
    that subsection.
    (e) Waiver
      (1) Criterion for waiver
        The President may waive the application of any sanction imposed
      on any person pursuant to this section, after the end of the 12-
      month period beginning on the date on which that sanction was
      imposed on that person, if the President determines and certifies
      to the Congress that such waiver is important to the national
      security interests of the United States.
      (2) Notification of and report to Congress
        If the President decides to exercise the waiver authority
      provided in paragraph (1), the President shall so notify the
      Congress not less than 20 days before the waiver takes effect.
      Such notification shall include a report fully articulating the
      rationale and circumstances which led the President to exercise
      the waiver authority.
    (f) Definition of foreign person
      For the purposes of this section, the term "foreign person" means
    - 
        (1) an individual who is not a citizen of the United States or
      an alien admitted for permanent residence to the United States;
      or
        (2) a corporation, partnership, or other entity which is
      created or organized under the laws of a foreign country or which
      has its principal place of business outside the United States.

-SOURCE-
    (Pub. L. 96-72, Sec. 11C, as added and amended Pub. L. 102-182,
    title III, Secs. 305(a), 309(b)(1), Dec. 4, 1991, 105 Stat. 1247,
    1258.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2410c, Pub. L. 96-72, Sec. 11C, as added Pub. L.
    102-138, title V, Sec. 505(a), Oct. 28, 1991, 105 Stat. 724,
    contained provisions substantially identical to those added by
    section 305(a) of Pub. L. 102-182, prior to repeal by Pub. L. 102-
    182, Sec. 309(a).

                                AMENDMENTS                            
      1991 - Subsec. (a)(1). Pub. L. 102-182, Sec. 309(b)(1),
    substituted "October 28, 1991" for reference to the "date of the
    enactment of this section" which was enacted Dec. 4, 1991.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, with certain exceptions, by section 1(a) of Ex. Ord. No.
    12851, June 11, 1993, 58 F.R. 33181, set out as a note under
    section 2797 of Title 22, Foreign Relations and Intercourse.

-End-



-CITE-
    50 USC APPENDIX Sec. 2411                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2411. Enforcement

-STATUTE-
    (a) General authority
      (1) To the extent necessary or appropriate to the enforcement of
    this Act [sections 2401 to 2420 of this Appendix] or to the
    imposition of any penalty, forfeiture, or liability arising under
    the Export Control Act of 1949 [former sections 2021 to 2032 of
    this Appendix] or the Export Administration Act of 1969 [former
    sections 2401 to 2413 of this Appendix], the head of any department
    or agency exercising any function thereunder (and officers or
    employees of such department or agency specifically designated by
    the head thereof) may make such investigations within the United
    States, and the Commissioner of Customs (and officers or employees
    of the United States Customs Service specifically designated by the
    Commissioner) may make such investigations outside of the United
    States, and the head of such department or agency (and such
    officers or employees) may obtain such information from, require
    such reports or the keeping of such records by, make such
    inspection of the books, records, and other writings, premises, or
    property of, and take the sworn testimony of, any person. In
    addition, such officers or employees may administer oaths or
    affirmations, and may by subpena require any person to appear and
    testify or to appear and produce books, records, and other
    writings, or both, and in the case of contumacy by, or refusal to
    obey a subpena issued to, any such person, a district court of the
    United States, after notice to any such person and hearing, shall
    have jurisdiction to issue an order requiring such person to appear
    and give testimony or to appear and produce books, records, and
    other writings, or both, and any failure to obey such order of the
    court may be punished by such court as a contempt thereof. In
    addition to the authority conferred by this paragraph, the
    Secretary (and officers or employees of the Department of Commerce
    designated by the Secretary) may conduct, outside the United
    States, pre-license investigations and post-shipment verifications
    of items licensed for export, and investigations in the enforcement
    of section 8 of this Act [section 2407 of this Appendix].
      (2)(A) Subject to subparagraph (B) of this paragraph, the United
    States Customs Service is authorized, in the enforcement of this
    Act [sections 2401 to 2420 of this Appendix], to search, detain
    (after search), and seize goods or technology at those ports of
    entry or exit from the United States where officers of the Customs
    Service are authorized by law to conduct such searches, detentions,
    and seizures, and at those places outside the United States where
    the Customs Service, pursuant to agreements or other arrangements
    with other countries, is authorized to perform enforcement
    activities.
      (B) An officer of the United States Customs Service may do the
    following in carrying out enforcement authority under this Act
    [sections 2401 to 2420 of this Appendix]:
        (i) Stop, search, and examine a vehicle, vessel, aircraft, or
      person on which or whom such officer has reasonable cause to
      suspect there are any goods or technology that has been, is
      being, or is about to be exported from the United States in
      violation of this Act [sections 2401 to 2420 of this Appendix].
        (ii) Search any package or container in which such officer has
      reasonable cause to suspect there are any goods or technology
      that has been, is being, or is about to be exported from the
      United States in violation of this Act [sections 2401 to 2420 of
      this Appendix].
        (iii) Detain (after search) or seize and secure for trial any
      goods or technology on or about such vehicle, vessel, aircraft,
      or person, or in such package or container, if such officer has
      probable cause to believe the goods or technology has been, is
      being, or is about to be exported from the United States in
      violation of this Act [sections 2401 to 2420 of this Appendix].
        (iv) Make arrests without warrant for any violation of this Act
      [sections 2401 to 2420 of this Appendix] committed in his or her
      presence or view or if the officer has probable cause to believe
      that the person to be arrested has committed or is committing
      such a violation.

    The arrest authority conferred by clause (iv) of this subparagraph
    is in addition to any arrest authority under other laws. The
    Customs Service may not detain for more than 20 days any shipment
    of goods or technology eligible for export under a general license
    under section 4(a)(3) [section 2403(a)(3) of this Appendix]. In a
    case in which such detention is on account of a disagreement
    between the Secretary and the head of any other department or
    agency with export license authority under other provisions of law
    concerning the export license requirements for such goods or
    technology, such disagreement shall be resolved within that 20-day
    period. At the end of that 20-day period, the Customs Service shall
    either release the goods or technology, or seize the goods or
    technology as authorized by other provisions of law.
      (3)(A) Subject to subparagraph (B) of this paragraph, the
    Secretary shall have the responsibility for the enforcement of
    section 8 of this Act [section 2407 of this Appendix] and, in the
    enforcement of the other provisions of this Act [sections 2401 to
    2420 of this Appendix], the Secretary is authorized to search,
    detain (after search), and seize goods or technology at those
    places within the United States other than those ports specified in
    paragraph (2)(A) of this subsection. The search, detention (after
    search), or seizure of goods or technology at those ports and
    places specified in paragraph (2)(A) may be conducted by officers
    or employees of the Department of Commerce designated by the
    Secretary with the concurrence of the Commissioner of Customs or a
    person designated by the Commissioner.
      (B) The Secretary may designate any employee of the Office of
    Export Enforcement of the Department of Commerce to do the
    following in carrying out enforcement authority under this Act
    [sections 2401 to 2420 of this Appendix]:
        (i) Execute any warrant or other process issued by a court or
      officer of competent jurisdiction with respect to the enforcement
      of the provisions of this Act [sections 2401 to 2420 of this
      Appendix].
        (ii) Make arrests without warrant for any violation of this Act
      [sections 2401 to 2420 of this Appendix] committed in his or her
      presence or view, or if the officer or employee has probable
      cause to believe that the person to be arrested has committed or
      is committing such a violation.
        (iii) Carry firearms in carrying out any activity described in
      clause (i) or (ii).

      (4) The authorities first conferred by the Export Administration
    Amendments Act of 1985 under paragraph (3) shall be exercised
    pursuant to guidelines approved by the Attorney General. Such
    guidelines shall be issued not later than 120 days after the date
    of the enactment of the Export Administration Amendments Act of
    1985 [July 12, 1985].
      (5) All cases involving violations of this Act [sections 2401 to
    2420 of this Appendix] shall be referred to the Secretary for
    purposes of determining civil penalties and administrative
    sanctions under section 11(c) of this Act [section 2410(c) of this
    Appendix], or to the Attorney General for criminal action in
    accordance with this Act [sections 2401 to 2420 of this Appendix].
      (6) Notwithstanding any other provision of law, the United States
    Customs Service may expend in the enforcement of export controls
    under this Act [sections 2401 to 2420 of this Appendix] not more
    than $12,000,000 in the fiscal year 1985 and not more than
    $14,000,000 in the fiscal year 1986.
      (7) Not later than 90 days after the date of the enactment of the
    Export Administration Amendments Act of 1985 [July 12, 1985], the
    Secretary, with the concurrence of the Secretary of the Treasury,
    shall publish in the Federal Register procedures setting forth, in
    accordance with this subsection, the responsibilities of the
    Department of Commerce and the United States Customs Service in the
    enforcement of this Act [sections 2401 to 2420 of this Appendix].
    In addition, the Secretary, with the concurrence of the Secretary
    of the Treasury, may publish procedures for the sharing of
    information in accordance with subsection (c)(3) of this section,
    and procedures for the submission to the appropriate departments
    and agencies by private persons of information relating to the
    enforcement of this Act [sections 2401 to 2420 of this Appendix].
      (8) For purposes of this section, a reference to the enforcement
    of this Act [sections 2401 to 2420 of this Appendix] or to a
    violation of this Act [sections 2401 to 2420 of this Appendix]
    includes a reference to the enforcement or a violation of any
    regulation, order, or license issued under this Act [sections 2401
    to 2420 of this Appendix].
    (b) Immunity
      No person shall be excused from complying with any requirements
    under this section because of his privilege against self-
    incrimination, but the immunity provisions of section 6002 of
    title 18, United States Code, shall apply with respect to any
    individual who specifically claims such privilege.
    (c) Confidentiality
      (1) Except as otherwise provided by the third sentence of section
    8(b)(2) [section 2407(b)(2) of this Appendix] and by section
    11(c)(2)(C) of this Act [section 2410(c)(2)(C) of this Appendix],
    information obtained under this Act [sections 2401 to 2420 of this
    Appendix] on or before June 30, 1980, which is deemed confidential,
    including Shippers' Export Declarations, or with reference to which
    a request for confidential treatment is made by the person
    furnishing such information, shall be exempt from disclosure under
    section 552 of title 5, United States Code, and such information
    shall not be published or disclosed unless the Secretary determines
    that the withholding thereof is contrary to the national interest.
    Information obtained under this Act [sections 2401 to 2420 of this
    Appendix] after June 30, 1980, may be withheld only to the extent
    permitted by statute, except that information obtained for the
    purpose of consideration of, or concerning, license applications
    under this Act [sections 2401 to 2420 of this Appendix] shall be
    withheld from public disclosure unless the release of such
    information is determined by the Secretary to be in the national
    interest. Enactment of this subsection shall not affect any
    judicial proceeding commenced under section 552 of title 5, United
    States Code, to obtain access to boycott reports submitted prior to
    October 31, 1976, which was pending on May 15, 1979; but such
    proceeding shall be continued as if this Act [sections 2401 to 2420
    of this Appendix] had not been enacted.
      (2) Nothing in this Act [sections 2401 to 2420 of this Appendix]
    shall be construed as authorizing the withholding of information
    from the Congress or from the Government Accountability Office. All
    information obtained at any time under this Act [sections 2401 to
    2420 of this Appendix] or previous Acts regarding the control of
    exports, including any report or license application required under
    this Act [sections 2401 to 2420 of this Appendix], shall be made
    available to any committee or subcommittee of Congress of
    appropriate jurisdiction upon request of the chairman or ranking
    minority member of such committee or subcommittee. No such
    committee or subcommittee, or member thereof, shall disclose any
    information obtained under this Act [sections 2401 to 2420 of this
    Appendix] or previous Acts regarding the control of exports which
    is submitted on a confidential basis unless the full committee
    determines that the withholding of that information is contrary to
    the national interest. Notwithstanding paragraph (1) of this
    subsection, information referred to in the second sentence of this
    paragraph shall, consistent with the protection of intelligence,
    counterintelligence, and law enforcement sources, methods, and
    activities, as determined by the agency that originally obtained
    the information, and consistent with the provisions of section 313
    of the Budget and Accounting Act 1921 [31 U.S.C. 716], be made
    available only by that agency, upon request, to the Comptroller
    General of the United States or to any officer or employee of the
    Government Accountability Office who is authorized by the
    Comptroller General to have access to such information. No officer
    or employee of the Government Accountability Office shall disclose,
    except to the Congress in accordance with this paragraph, any such
    information which is submitted on a confidential basis and from
    which any individual can be identified.
      (3) Any department or agency which obtains information which is
    relevant to the enforcement of this Act [sections 2401 to 2420 of
    this Appendix], including information pertaining to any
    investigation, shall furnish such information to each department or
    agency with enforcement responsibilities under this Act [sections
    2401 to 2420 of this Appendix] to the extent consistent with the
    protection of intelligence, counterintelligence, and law
    enforcement sources, methods, and activities. The provisions of
    this paragraph shall not apply to information subject to the
    restrictions set forth in section 9 of title 13, United States
    Code; and return information, as defined in subsection (b) of
    section 6103 of the Internal Revenue Code of 1986 [26 U.S.C.
    6103(b)], may be disclosed only as authorized by such section. The
    Secretary and the Commissioner of Customs, upon request, shall
    exchange any licensing and enforcement information with each other
    which is necessary to facilitate enforcement efforts and effective
    license decisions. The Secretary, the Attorney General, and the
    Commissioner of Customs shall consult on a continuing basis with
    one another and with the heads of other departments and agencies
    which obtain information subject to this paragraph, in order to
    facilitate the exchange of such information.
    (d) Reporting requirements
      In the administration of this Act [sections 2401 to 2420 of this
    Appendix], reporting requirements shall be so designed as to reduce
    the cost of reporting, recordkeeping, and export documentation
    required under this Act [sections 2401 to 2420 of this Appendix] to
    the extent feasible consistent with effective enforcement and
    compilation of useful trade statistics. Reporting, recordkeeping,
    and export documentation requirements shall be periodically
    reviewed and revised in the light of developments in the field of
    information technology.
    (e) Simplification of regulations
      The Secretary, in consultation with appropriate United States
    Government departments and agencies and with appropriate technical
    advisory committees established under section 5(h) [section 2404(h)
    of this Appendix], shall review the regulations issued under this
    Act [sections 2401 to 2420 of this Appendix] and the commodity
    control list in order to determine how compliance with the
    provisions of this Act [sections 2401 to 2420 of this Appendix] can
    be facilitated by simplifying such regulations, by simplifying or
    clarifying such list, or by any other means.

-SOURCE-
    (Pub. L. 96-72, Sec. 12, Sept. 29, 1979, 93 Stat. 530; Pub. L. 97-
    145, Secs. 3, 5, Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L. 99-
    64, title I, Sec. 113, July 12, 1985, 99 Stat. 148; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-418, title
    II, Sec. 2427, Aug. 23, 1988, 102 Stat. 1361; Pub. L. 108-271, Sec.
    8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export Control Act of 1949, referred to in subsec. (a)(1), is
    act Feb. 26, 1949, ch. 11, 63 Stat. 7, as amended, which was
    classified to sections 2021 to 2032 of this Appendix, and
    terminated on Dec. 31, 1969, pursuant to the terms of that Act. For
    complete classification of this Act to the Code, see Tables.
      The Export Administration Act of 1969, referred to in subsec.
    (a)(1), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended,
    which was classified generally to sections 2401 to 2413 of this
    Appendix, and terminated on Sept. 30, 1979, pursuant to the terms
    of that Act. For complete classification of this Act to the Code,
    see Tables.
      The Export Administration Amendments Act of 1985, referred to in
    subsec. (a)(4), is titles I and II of Pub. L. 99-64, July 12, 1985,
    99 Stat. 120, which, among other amendments, enacted par. (3) of
    subsec. (a) of this section. For complete classification of this
    Act to the Code, see Short Title of 1985 Amendment note set out
    under section 2401 of this Appendix and Tables.
      Section 313 of the Budget and Accounting Act 1921, referred to in
    subsec. (c)(2), is section 313 of act June 10, 1921, ch. 18, title
    III, 42 Stat. 26, which was classified to section 54 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 section 716 of Title 31, Money and Finance.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2411, Pub. L. 91-184, Sec. 12, Dec. 30, 1969, 83
    Stat. 846, relating to the effect on the Act of Feb. 15, 1936 (49
    Stat. 1140) and section 414 of the Mutual Security Act of 1934 (22
    U.S.C. 1934) provisions of the Export Administration Act of 1969,
    expired on Sept. 30, 1979.

                                AMENDMENTS                            
      2004 - Subsec. (c)(2). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" wherever
    appearing.
      1988 - Subsec. (a)(2)(B). Pub. L. 100-418 inserted at end "The
    Customs Service may not detain for more than 20 days any shipment
    of goods or technology eligible for export under a general license
    under section 4(a)(3). In a case in which such detention is on
    account of a disagreement between the Secretary and the head of any
    other department or agency with export license authority under
    other provisions of law concerning the export license requirements
    for such goods or technology, such disagreement shall be resolved
    within that 20-day period. At the end of that 20-day period, the
    Customs Service shall either release the goods or technology, or
    seize the goods or technology as authorized by other provisions of
    law."
      1986 - Subsec. (c)(3). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 113(a), designated
    existing provisions of subsec. (a) as par. (1), substituted "such
    investigations within the United States, and the Commissioner of
    Customs (and officers or employees of the United States Customs
    Service specifically designated by the Commissioner) may make such
    investigations outside of the United States, and the head of such
    department or agency (and such officers or employees) may" for
    "such investigations and", and "a district court of the United
    States," for "the district court of the United States for any
    district in which such person is found or resides or transacts
    business, upon application, and", and inserted sentence providing
    that in addition to the authority conferred by this paragraph, the
    Secretary (and officers or employees of the Department of Commerce
    designated by the Secretary) may conduct, outside the United
    States, pre-license investigations and post-shipment verifications
    of items licensed for export, and investigations in the enforcement
    of section 8 of this Act.
      Subsec. (a)(2) to (8). Pub. L. 99-64, Sec. 113(a)(5), added pars.
    (2) to (8).
      Subsec. (c)(3). Pub. L. 99-64, Sec. 113, substituted "Any
    department or agency which obtains information which is relevant to
    the enforcement of this Act, including information pertaining to
    any investigation, shall furnish such information to each
    department or agency" for "Departments or agencies which obtain
    information which is relevant to the enforcement of this Act shall
    furnish such information to the department or agency", and inserted
    sentences providing that the Secretary and the Commissioner of
    Customs, upon request, shall exchange any licensing and enforcement
    information with each other which is necessary to facilitate
    enforcement efforts and effective license decisions and that the
    Secretary, the Attorney General, and the Commissioner of Customs
    shall consult on a continuing basis with one another and with the
    heads of other departments and agencies which obtain information
    subject to this paragraph, in order to facilitate the exchange of
    such information.
      1981 - Subsec. (c)(2). Pub. L. 97-145, Sec. 5, substantially
    reenacted existing provisions, inserted provisions that the
    information may not be withheld from the General Accounting Office,
    and that the information be made available to the Comptroller
    General of the United States or to any officer or employee of the
    General Accounting Office who is authorized to have access to such
    information which is submitted on a confidential basis and from
    which any individual can be identified, consistent with the
    protection of intelligence, counterintelligence, and law
    enforcement sources, methods, and activities, as determined by the
    agency that originally obtained the information, and consistent
    with section 54 of title 31, be made available only by that agency.
      Subsec. (c)(3). Pub. L. 97-145, Sec. 3, added par. (3).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(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.

-End-



-CITE-
    50 USC APPENDIX Sec. 2411a                                  01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2411a. Omitted

-COD-
                               CODIFICATION                           
      A prior section 2411a, Pub. L. 91-184, Sec. 13, as added Pub. L.
    95-52, title I, Sec. 102, June 22, 1977, 91 Stat. 235, authorizing
    appropriations to carry out purposes of provisions of Export
    Administration Act of 1969, expired on Sept. 30, 1979.

-End-



-CITE-
    50 USC APPENDIX Sec. 2412                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2412. Administrative procedure and judicial review

-STATUTE-
    (a) Exemption
      Except as provided in section 11(c)(2) [section 2410(c)(2) of
    this Appendix] and subsection (c) of this section, the functions
    exercised under this Act [sections 2401 to 2420 of this Appendix]
    are excluded from the operation of sections 551, 553 through 559,
    and 701 through 706 of title 5, United States Code.
    (b) Public participation
      It is the intent of the Congress that, to the extent practicable,
    all regulations imposing controls on exports under this Act
    [sections 2401 to 2420 of this Appendix] be issued in proposed form
    with meaningful opportunity for public comment before taking
    effect. In cases where a regulation imposing controls under this
    Act [sections 2401 to 2420 of this Appendix] is issued with
    immediate effect, it is the intent of the Congress that meaningful
    opportunity for public comment also be provided and that the
    regulation be reissued in final form after public comments have
    been fully considered.
    (c) Procedures relating to civil penalties and sanctions
      (1) In any case in which a civil penalty or other civil sanction
    (other than a temporary denial order or a penalty or sanction for a
    violation of section 8 [section 2407 of this Appendix]) is sought
    under section 11 of this Act [section 2410 of this Appendix], the
    charged party is entitled to receive a formal complaint specifying
    the charges and, at his or her request, to contest the charges in a
    hearing before an administrative law judge. Subject to the
    provisions of this subsection, any such hearing shall be conducted
    in accordance with sections 556 and 557 of title 5, United States
    Code. With the approval of the administrative law judge, the
    Government may present evidence in camera in the presence of the
    charged party or his or her representative. After the hearing, the
    administrative law judge shall make findings of fact and
    conclusions of law in a written decision, which shall be referred
    to the Secretary. The Secretary shall, in a written order, affirm,
    modify, or vacate the decision of the administrative law judge
    within 30 days after receiving the decision. The order of the
    Secretary shall be final and is not subject to judicial review,
    except as provided in paragraph (3).
      (2) The proceedings described in paragraph (1) shall be concluded
    within a period of 1 year after the complaint is submitted, unless
    the administrative law judge extends such period for good cause
    shown.
      (3) The order of the Secretary under paragraph (1) shall be
    final, except that the charged party may, within 15 days after the
    order is issued, appeal the order in the United States Court of
    Appeals for the District of Columbia Circuit, which shall have
    jurisdiction of the appeal. The court may, while the appeal is
    pending, stay the order of the Secretary. The court may review only
    those issues necessary to determine liability for the civil penalty
    or other sanction involved. In an appeal filed under this
    paragraph, the court shall set aside any finding of fact for which
    the court finds there is not substantial evidence on the record and
    any conclusion of law which the court finds to be arbitrary,
    capricious, an abuse of discretion, or otherwise not in accordance
    with law.
      (4) An administrative law judge referred to in this subsection
    shall be appointed by the Secretary from among those considered
    qualified for selection and appointment under section 3105 of title
    5, United States Code. Any person who, for at least 2 of the 10
    years immediately preceding the date of the enactment of the Export
    Administration Amendments Act of 1985 [July 12, 1985], has served
    as a hearing commissioner of the Department of Commerce shall be
    included among those considered as qualified for selection and
    appointment to such position.
    (d) Imposition of temporary denial orders
      (1) In any case in which it is necessary, in the public interest,
    to prevent an imminent violation of this Act [sections 2401 to 2420
    of this Appendix] or any regulation, order, or license issued under
    this Act [sections 2401 to 2420 of this Appendix], the Secretary
    may, without a hearing, issue an order temporarily denying United
    States export privileges (hereinafter in this subsection referred
    to as a "temporary denial order") to a person. A temporary denial
    order may be effective no longer than 180 days unless renewed in
    writing by the Secretary for additional 180-day periods in order to
    prevent such an imminent violation, except that a temporary denial
    order may be renewed only after notice and an opportunity for a
    hearing is provided.
      (2) A temporary denial order shall define the imminent violation
    and state why the temporary denial order was granted without a
    hearing. The person or persons subject to the issuance or renewal
    of a temporary denial order may file an appeal of the issuance or
    renewal of the temporary denial order with an administrative law
    judge who shall, within 10 working days after the appeal is filed,
    recommend that the temporary denial order be affirmed, modified, or
    vacated. Parties may submit briefs and other material to the judge.
    The recommendation of the administrative law judge shall be
    submitted to the Secretary who shall either accept, reject, or
    modify the recommendation by written order within 5 working days
    after receiving the recommendation. The written order of the
    Secretary under the preceding sentence shall be final and is not
    subject to judicial review, except as provided in paragraph (3).
    The temporary denial order shall be affirmed only if it is
    reasonable to believe that the order is required in the public
    interest to prevent an imminent violation of this Act [sections
    2401 to 2420 of this Appendix] or any regulation, order, or license
    issued under this Act [sections 2401 to 2420 of this Appendix]. All
    materials submitted to the administrative law judge and the
    Secretary shall constitute the administrative record for purposes
    of review by the courts.
      (3) An order of the Secretary affirming, in whole or in part, the
    issuance of a temporary denial order may, within 15 days after the
    order is issued, be appealed by a person subject to the order to
    the United States Court of Appeals for the District of Columbia
    Circuit, which shall have jurisdiction of the appeal. The court may
    review only those issues necessary to determine whether the
    standard for issuing the temporary denial order has been met. The
    court shall vacate the Secretary's order if the court finds that
    the Secretary's order is arbitrary, capricious, an abuse of
    discretion, or otherwise not in accordance with law.
    (e) Appeals from license denials
      A determination of the Secretary, under section 10(f) of this Act
    [section 2409(f) of this Appendix], to deny a license may be
    appealed by the applicant to an administrative law judge who shall
    have the authority to conduct proceedings to determine only whether
    the item sought to be exported is in fact on the control list. Such
    proceedings shall be conducted within 90 days after the appeal is
    filed. Any determination by an administrative law judge under this
    subsection and all materials filed before such judge in the
    proceedings shall be reviewed by the Secretary, who shall either
    affirm or vacate the determination in a written decision within 30
    days after receiving the determination. The Secretary's written
    decision shall be final and is not subject to judicial review.
    Subject to the limitations provided in section 12(c) of this Act
    [section 2411(c) of this Appendix], the Secretary's decision shall
    be published in the Federal Register.

-SOURCE-
    (Pub. L. 96-72, Sec. 13, Sept. 29, 1979, 93 Stat. 531; Pub. L. 99-
    64, title I, Sec. 114, July 12, 1985, 99 Stat. 150; Pub. L. 100-
    418, title II, Sec. 2428, Aug. 23, 1988, 102 Stat. 1361.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2412, Pub. L. 91-184, Sec. 14, formerly Sec. 13,
    Dec. 30, 1969, 83 Stat. 847; renumbered Sec. 14, Pub. L. 95-52,
    title I, Sec. 102, June 22, 1977, 91 Stat. 235, which set forth the
    effective date of the Export Administration Act of 1969 as the date
    upon which the Export Control Act of 1949 expired, Dec. 31, 1969,
    expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (c)(1). Pub. L. 100-418, Sec. 2428(a)(1)(A),
    inserted ", except as provided in paragraph (3)" before period at
    end.
      Subsec. (c)(3), (4). Pub. L. 100-418, Sec. 2428(a)(1)(B), (C),
    added par. (3) and redesignated former par. (3) as (4).
      Subsec. (d)(1). Pub. L. 100-418, Sec. 2428(b), substituted "180"
    for "60" in two places in second sentence.
      Subsec. (d)(2). Pub. L. 100-418, Sec. 2428(a)(2), inserted ",
    except as provided in paragraph (3)" after "judicial review" before
    period at end of fifth sentence and inserted sentence at end that
    all materials submitted to the administrative law judge and the
    Secretary constitute the administrative record for purposes of
    review.
      Subsec. (d)(3). Pub. L. 100-418, Sec. 2428(a)(2)(B), added par.
    (3).
      1985 - Pub. L. 99-64, Sec. 114(1), struck out "Exemption from
    certain provisions relating to" in section catchline.
      Subsec. (a). Pub. L. 99-64, Sec. 114(2), inserted "and subsection
    (c) of this section".
      Subsecs. (c) to (e). Pub. L. 99-64, Sec. 114(3), added subsecs.
    (c) to (e).

-End-



-CITE-
    50 USC APPENDIX Sec. 2413                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2413. Annual report

-STATUTE-
    (a) Contents
      Not later than December 31 of each year, the Secretary shall
    submit to the Congress a report on the administration of this Act
    [sections 2401 to 2420 of this Appendix] during the preceding
    fiscal year. All agencies shall cooperate fully with the Secretary
    in providing information for such report. Such report shall include
    detailed information with respect to - 
        (1) the implementation of the policies set forth in section 3
      [section 2402 of this Appendix];
        (2) general licensing activities under sections 5, 6, and 7
      [sections 2404, 2405, and 2406 of this Appendix], and any changes
      in the exercise of the authorities contained in sections 5(a),
      6(a), and 7(a) [sections 2404(a), 2405(a), and 2406(a) of this
      Appendix];
        (3) the results of the review of United States policy toward
      individual countries pursuant to section 5(b) [section 2404(b) of
      this Appendix];
        (4) the results, in as much detail as may be included
      consistent with the national security and the need to maintain
      the confidentiality of proprietary information, of the actions,
      including reviews and revisions of export controls maintained for
      national security purposes, required by section 5(c)(3) [section
      2404(c)(3) of this Appendix];
        (5) actions taken to carry out section 5(d) [section 2404(d) of
      this Appendix];
        (6) changes in categories of items under export control
      referred to in section 5(e) [section 2404(e) of this Appendix];
        (7) determinations of foreign availability made under section
      5(f) [section 2404(f) of this Appendix], the criteria used to
      make such determinations, the removal of any export controls
      under such section, and any evidence demonstrating a need to
      impose export controls for national security purposes
      notwithstanding foreign availability;
        (8) actions taken in compliance with section 5(f)(6) [section
      2404(f)(6) of this Appendix];
        (9) the operation of the indexing system under section 5(g)
      [section 2404(g) of this Appendix];
        (10) consultations with the technical advisory committees
      established pursuant to section 5(h) [section 2404(h) of this
      Appendix], the use made of the advice rendered by such
      committees, and the contributions of such committees toward
      implementing the policies set forth in this Act [sections 2401 to
      2420 of this Appendix];
        (11) the effectiveness of export controls imposed under section
      6 [section 2405 of this Appendix] in furthering the foreign
      policy of the United States;
        (12) export controls and monitoring under section 7 [section
      2406 of this Appendix];
        (13) the information contained in the reports required by
      section 7(b)(2) [section 2406(b)(2) of this Appendix], together
      with an analysis of - 
          (A) the impact on the economy and world trade of shortages or
        increased prices for commodities subject to monitoring under
        this Act [sections 2401 to 2420 of this Appendix] or section
        812 (!1) of the Agricultural Act of 1970 [7 U.S.C. 612c-3];

          (B) the worldwide supply of such commodities; and
          (C) actions being taken by other countries in response to
        such shortages or increased prices;

        (14) actions taken by the President and the Secretary to carry
      out the antiboycott policies set forth in section 3(5) of this
      Act [section 2402(5) of this Appendix];
        (15) organizational and procedural changes undertaken in
      furtherance of the policies set forth in this Act [sections 2401
      to 2420 of this Appendix], including changes to increase the
      efficiency of the export licensing process and to fulfill the
      requirements of section 10 [section 2409 of this Appendix],
      including an accounting of appeals received, court orders issued,
      and actions taken pursuant thereto under subsection (j) of such
      section;
        (16) delegations of authority by the President as provided in
      section 4(e) of this Act [section 2403(e) of this Appendix];
        (17) efforts to keep the business sector of the Nation informed
      with respect to policies and procedures adopted under this Act
      [sections 2401 to 2420 of this Appendix];
        (18) any reviews undertaken in furtherance of the policies of
      this Act, including the results of the review required by section
      12(d) [section 2411(d) of this Appendix], and any action taken,
      on the basis of the review required by section 12(e) [section
      2411(e) of this Appendix], to simplify regulations issued under
      this Act [sections 2401 to 2420 of this Appendix];
        (19) violations under section 11 [section 2410 of this
      Appendix] and enforcement activities under section 12 [section
      2411 of this Appendix]; and
        (20) the issuance of regulations under the authority of this
      Act [sections 2401 to 2420 of this Appendix], including an
      explanation of each case in which regulations were not issued in
      accordance with the first sentence of section 13(b) [section
      2412(b) of this Appendix].
    (b) Report on certain export controls
      To the extent that the President determines that the policies set
    forth in section 3 of this Act [section 2402 of this Appendix]
    require the control of the export of goods and technology other
    than those subject to multilateral controls, or require more
    stringent controls than the multilateral controls, the President
    shall include in each annual report the reasons for the need to
    impose, or to continue to impose, such controls and the estimated
    domestic economic impact on the various industries affected by such
    controls.
    (c) Report on negotiations
      The President shall include in each annual report a detailed
    report on the progress of the negotiations required by section 5(i)
    [section 2404(i) of this Appendix], until such negotiations are
    concluded.
    (d) Report on exports to controlled countries
      The Secretary shall include in each annual report a detailed
    report which lists every license for exports to controlled
    countries which was approved under this Act [sections 2401 to 2420
    of this Appendix] during the preceding fiscal year. Such report
    shall specify to whom the license was granted, the type of goods or
    technology exported, and the country receiving the goods or
    technology. The information required by this subsection shall be
    subject to the provisions of section 12(c) of this Act [section
    2411(c) of this Appendix].
    (e) Report on domestic economic impact of exports to controlled
      countries
      The Secretary shall include in each annual report a detailed
    description of the extent of injury to United States industry and
    the extent of job displacement caused by United States exports of
    goods and technology to controlled countries. The annual report
    shall also include a full analysis of the consequences of exports
    of turnkey plants and manufacturing facilities to controlled
    countries which are used by such countries to produce goods for
    export to the United States or to compete with United States
    products in export markets.
    (f) Annual report of the President
      The President shall submit an annual report to the Congress
    estimating the additional defense expenditures of the United States
    arising from illegal technology transfers, focusing on estimated
    defense costs arising from illegal technology transfers that
    resulted in a serious adverse impact on the strategic balance of
    forces. These estimates shall be based on assessment by the
    intelligence community of any technology transfers that resulted in
    such serious adverse impact. This report may have a classified
    annex covering any information of a sensitive nature.

-SOURCE-
    (Pub. L. 96-72, Sec. 14, Sept. 29, 1979, 93 Stat. 532; Pub. L. 99-
    64, title I, Sec. 115, July 12, 1985, 99 Stat. 152; Pub. L. 100-
    418, title II, Secs. 2418(c), 2445, Aug. 23, 1988, 102 Stat. 1357,
    1369.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 812 of the Agricultural Act of 1970, referred to in
    subsec. (a)(13)(A), which was classified to section 612c-3 of Title
    7, Agriculture, was repealed by Pub. L. 101-624, title XV, Sec.
    1578, Nov. 28, 1990, 104 Stat. 3702.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2413, Pub. L. 91-184, Sec. 15, formerly Sec. 14,
    Dec. 30, 1969, 83 Stat. 847; Pub. L. 92-37, June 30, 1971, 85 Stat.
    89; Pub. L. 92-150, Oct. 30, 1971, 85 Stat. 416; Pub. L. 92-284,
    Apr. 29, 1972, 86 Stat. 133; Pub. L. 92-412, title I, Sec. 106,
    Aug. 29, 1972, 86 Stat. 646; Pub. L. 93-327, June 30, 1974, 88
    Stat. 287; Pub. L. 93-372, Aug. 14, 1974, 88 Stat. 444; Pub. L. 93-
    500, Sec. 13, Oct. 29, 1974, 88 Stat. 1557; renumbered Sec. 15 and
    amended Pub. L. 95-52, title I, Secs. 101, 102, June 22, 1977, 91
    Stat. 235, providing for the termination of authority granted by
    the Export Administration Act of 1969, expired on Sept. 30, 1979.

                                AMENDMENTS                            
      1988 - Subsec. (a)(8). Pub. L. 100-418, Sec. 2418(c), substituted
    "5(f)(6)" for "5(f)(5)".
      Subsec. (f). Pub. L. 100-418, Sec. 2445, added subsec. (f).
      1985 - Subsec. (a)(15). Pub. L. 99-64, Sec. 115(a), struck out
    "an analysis of the time required to process license applications,
    the number and disposition of export license applications taking
    more than 30 days to process, and" after "requirements of section
    10, including".
      Subsecs. (d), (e). Pub. L. 99-64, Sec. 115(b), added subsecs. (d)
    and (e).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2414                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2414. Administrative and regulatory authority

-STATUTE-
    (a) Under Secretary of Commerce
      The President shall appoint, by and with the advice and consent
    of the Senate, an Under Secretary of Commerce for Export
    Administration who shall carry out all functions of the Secretary
    under this Act [sections 2401 to 2420 of this Appendix] and such
    other statutes that relate to national security which were
    delegated to the office of the Assistant Secretary of Commerce for
    Trade Administration before the date of the enactment of the Export
    Administration Amendments Act of 1985 [July 12, 1985], and such
    other functions under this Act [sections 2401 to 2420 of this
    Appendix] which were delegated to such office before such date of
    enactment, as the Secretary may delegate. The President shall
    appoint, by and with the advice and consent of the Senate, two
    Assistant Secretaries of Commerce to assist the Under Secretary in
    carrying out such functions.
    (b) Issuance of regulations
      The President and the Secretary may issue such regulations as are
    necessary to carry out the provisions of this Act [sections 2401 to
    2420 of this Appendix]. Any such regulations issued to carry out
    the provisions of section 5(a), 6(a), 7(a), or 8(b) [section
    2404(a), 2405(a), 2406(a), or 2407(b) of this Appendix] may apply
    to the financing, transporting, or other servicing of exports and
    the participation therein by any person. Any such regulations the
    purpose of which is to carry out the provisions of section 5
    [section 2404 of this Appendix], or of section 4(a) [section
    2403(a) of this Appendix] for the purpose of administering the
    provisions of section 5 [section 2404 of this Appendix], may be
    issued only after the regulations are submitted for review to the
    Secretary of Defense, the Secretary of State, such other
    departments and agencies as the Secretary considers appropriate,
    and the appropriate technical advisory committee. The preceding
    sentence does not require the concurrence or approval of any
    official, department, or agency to which such regulations are
    submitted.
    (c) Amendments to regulations
      If the Secretary proposes to amend regulations issued under this
    Act [sections 2401 to 2420 of this Appendix], the Secretary shall
    report to the Committee on Banking, Housing, and Urban Affairs of
    the Senate and the Committee on Foreign Affairs of the House of
    Representatives on the intent and rationale of such amendments.
    Such report shall evaluate the cost and burden to United States
    exporters of the proposed amendments in relation to any enhancement
    of licensing objectives. The Secretary shall consult with the
    technical advisory committees authorized under section 5(h) of this
    Act [section 2404(h) of this Appendix] in formulating or amending
    regulations issued under this Act [sections 2401 to 2420 of this
    Appendix]. The procedures defined by regulations in effect on
    January 1, 1984, with respect to sections 4 and 5 of this Act
    [sections 2403 and 2404 of this Appendix], shall remain in effect
    unless the Secretary determines, on the basis of substantial and
    reliable evidence, that specific change is necessary to enhance the
    prevention of diversions of exports which would prove detrimental
    to the national security of the United States or to reduce the
    licensing and paperwork burden on exporters and their distributors.

-SOURCE-
    (Pub. L. 96-72, Sec. 15, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99-
    64, title I, Sec. 116(a), July 12, 1985, 99 Stat. 152; Pub. L. 100-
    418, title II, Secs. 2420(b), 2429, Aug. 23, 1988, 102 Stat. 1358,
    1362.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-418, Sec. 2429, inserted "and
    such other statutes that related to national security" after
    "Secretary under this Act".
      Subsec. (b). Pub. L. 100-418, Sec. 2420(b), substituted "such
    other" for "and such other" and inserted ", and the appropriate
    technical advisory committee" after "appropriate".
      1985 - Pub. L. 99-64 substituted "Administrative and regulatory
    authority" for "Regulatory authority" as section catchline, and
    amended text generally. Prior to amendment, section read as
    follows: "The President and the Secretary may issue such
    regulations as are necessary to carry out the provisions of this
    Act. Any such regulations issued to carry out the provisions of
    section 5(a), 6(a), 7(a), or 8(b) may apply to the financing,
    transporting, or other servicing of exports and the participation
    therein by any person."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Subsec. (a) of this section effective Oct. 1, 1987, see section
    116(d) of Pub. L. 99-64, set out as a note under section 5314 of
    Title 5, Government Organization and Employees.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix.


-MISC3-
                  SPENDING AUTHORITY UNDER 1985 AMENDMENT              
      Section 116(e) of Pub. L. 99-64 provided that: "Any new spending
    authority (within the meaning of section 401 of the Congressional
    Budget Act of 1974 [2 U.S.C. 651]) which is provided under this
    section [amending this section and sections 5314 and 5315 of Title
    5, Government Organization and Employees] shall be effective for
    any fiscal year only to the extent or in such amounts as are
    provided in appropriation Acts."

-End-



-CITE-
    50 USC APPENDIX Sec. 2415                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2415. Definitions

-STATUTE-
      As used in this Act [sections 2401 to 2420 of this Appendix] - 
        (1) the term "person" includes the singular and the plural and
      any individual, partnership, corporation, or other form of
      association, including any government or agency thereof;
        (2) the term "United States person" means any United States
      resident or national (other than an individual resident outside
      the United States and employed by other than a United States
      person), any domestic concern (including any permanent domestic
      establishment of any foreign concern) and any foreign subsidiary
      or affiliate (including any permanent foreign establishment) of
      any domestic concern which is controlled in fact by such domestic
      concern, as determined under regulations of the President;
        (3) the term "good" means any article, natural or manmade
      substance, material, supply or manufactured product, including
      inspection and test equipment, and excluding technical data;
        (4) the term "technology" means the information and know-how
      (whether in tangible form, such as models, prototypes, drawings,
      sketches, diagrams, blueprints, or manuals, or in intangible
      form, such as training or technical services) that can be used to
      design, produce, manufacture, utilize, or reconstruct goods,
      including computer software and technical data, but not the goods
      themselves;
        (5) the term "export" means - 
          (A) an actual shipment, transfer, or transmission of goods or
        technology out of the United States;
          (B) a transfer of goods or technology in the United States to
        an embassy or affiliate of a controlled country; or
          (C) a transfer to any person of goods or technology either
        within the United States or outside of the United States with
        the knowledge or intent that the goods or technology will be
        shipped, transferred, or transmitted to an unauthorized
        recipient;

        (6) the term "controlled country" means a controlled country
      under section 5(b)(1) of this Act [section 2404(b)(1) of this
      Appendix];
        (7) the term "United States" means the States of the United
      States, the District of Columbia, and any commonwealth,
      territory, dependency, or possession of the United States, and
      includes the outer Continental Shelf, as defined in section 2(a)
      of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
        (8) the term "Secretary" means the Secretary of Commerce.

-SOURCE-
    (Pub. L. 96-72, Sec. 16, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99-
    64, title I, Sec. 117, July 12, 1985, 99 Stat. 153.)


-MISC1-
                                AMENDMENTS                            
      1985 - Par. (3). Pub. L. 99-64, Sec. 117(1), inserted "natural or
    manmade substance,".
      Par. (4). Pub. L. 99-64, Sec. 117(2), amended par. (4) generally,
    substituting "the term 'technology' means the information and know-
    how (whether in tangible form, such as models, prototypes,
    drawings, sketches, diagrams, blueprints, or manuals, or in
    intangible form, such as training or technical services) that can
    be used to design, produce, manufacture, utilize, or reconstruct
    goods, including computer software and technical data, but not the
    goods themselves;" for "the information and knowhow that can be
    used to design, produce, manufacture, utilize, or reconstruct
    goods, including computer software and technical data, but not the
    goods themselves; and".
      Pars. (5) to (8). Pub. L. 99-64, Sec. 117(3), (4), added pars.
    (5) to (7) and redesignated former par. (5) as (8).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under this section delegated
    to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45
    F.R. 29783, set out under section 2403 of this Appendix.

-End-



-CITE-
    50 USC APPENDIX Sec. 2416                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2416. Effect on other Acts

-STATUTE-
    (a) In general
      Except as otherwise provided in this Act [sections 2401 to 2420
    of this Appendix], nothing contained in this Act [sections 2401 to
    2420 of this Appendix] shall be construed to modify, repeal,
    supersede, or otherwise affect the provisions of any other laws
    authorizing control over exports of any commodity.
    (b) Coordination of controls
      The authority granted to the President under this Act [sections
    2401 to 2420 of this Appendix] shall be exercised in such manner as
    to achieve effective coordination with the authority exercised
    under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
    (c) Civil aircraft equipment
      Notwithstanding any other provision of law, any product (1) which
    is standard equipment, certified by the Federal Aviation
    Administration, in civil aircraft and is an integral part of such
    aircraft, and (2) which is to be exported to a country other than a
    controlled country, shall be subject to export controls exclusively
    under this Act [sections 2401 to 2420 of this Appendix]. Any such
    product shall not be subject to controls under section 38(b)(2) of
    the Arms Export Control Act [22 U.S.C. 2778(b)(2)].
    (d) Nonproliferation controls
      (1) Nothing in section 5 or 6 of this Act [section 2404 or 2405
    of this Appendix] shall be construed to supersede the procedures
    published by the President pursuant to section 309(c) of the
    Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)].
      (2) With respect to any export license application which, under
    the procedures published by the President pursuant to section
    309(c) of the Nuclear Non-Proliferation Act of 1978 [42 U.S.C.
    2139a(c)], is referred to the Subgroup on Nuclear Export
    Coordination or other interagency group, the provisions of section
    10 of this Act [section 2409 of this Appendix] shall apply with
    respect to such license application only to the extent that they
    are consistent with such published procedures, except that if the
    processing of any such application under such procedures is not
    completed within 180 days after the receipt of the application by
    the Secretary, the applicant shall have the rights of appeal and
    court action provided in section 10(j) of this Act [section 2409(j)
    of this Appendix].
    (e) Termination of other authority
      On October 1, 1979, the Mutual Defense Assistance Control Act of
    1951 (22 U.S.C. 1611-1613d), is superseded.
    (f) Agricultural Act of 1970
      Nothing in this Act [sections 2401 to 2420 of this Appendix]
    shall affect the provisions of the last sentence of section 812
    (!1) of the Agricultural Act of 1970 (7 U.S.C. 612c-3).


-SOURCE-
    (Pub. L. 96-72, Sec. 17, Sept. 29, 1979, 93 Stat. 534; Pub. L. 99-
    64, title I, Sec. 118, July 12, 1985, 99 Stat. 154.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mutual Defense Assistance Control Act of 1951, referred to in
    subsec. (e), is act Oct. 26, 1951, ch. 575, 65 Stat. 644, as
    amended, which was classified generally to chapter 20A (Sec. 1611
    et seq.) of Title 22, Foreign Relations and Intercourse, prior to
    its supersedure by subsec. (e) of this section. For complete
    classification of this Act to the Code, see Tables.
      Section 812 of the Agricultural Act of 1970, referred to in
    subsec. (f), which was classified to section 612c-3 of Title 7,
    Agriculture, was repealed by Pub. L. 101-624, title XV, Sec. 1578,
    Nov. 28, 1990, 104 Stat. 3702.


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 118(a)(1), substituted
    "Except as otherwise provided in this Act, nothing" for "Nothing".
      Subsec. (c). Pub. L. 99-64, Sec. 118(a)(2), struck out sentence
    which provided that for purposes of this subsection "controlled
    country" means any country described in section 620(f) of the
    Foreign Assistance Act of 1961.
      Subsec. (f). Pub. L. 99-64, Sec. 118(b), added subsec. (f).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under sections 2401 to 2420 of
    this Appendix delegated to Secretary of Commerce, with certain
    exceptions, by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set
    out under section 2403 of this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC APPENDIX Sec. 2417                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2417. Authorization of appropriations

-STATUTE-
    (a) Requirement of authorizing legislation
      (1) Notwithstanding any other provision of law, money
    appropriated to the Department of Commerce for expenses to carry
    out the purposes of this Act [sections 2401 to 2420 of this
    Appendix] may be obligated or expended only if - 
        (A) the appropriation thereof has been previously authorized by
      law enacted on or after the date of the enactment of the Export
      Administration Amendments Act of 1985 [July 12, 1985]; or
        (B) the amount of all such obligations and expenditures does
      not exceed an amount previously prescribed by law enacted on or
      after such date.

      (2) To the extent that legislation enacted after the making of an
    appropriation to carry out the purposes of this Act [sections 2401
    to 2420 of this Appendix] authorizes the obligation or expenditure
    thereof, the limitation contained in paragraph (1) shall have no
    effect.
      (3) The provisions of this subsection shall not be superseded
    except by a provision of law enacted after the date of the
    enactment of the Export Administration Amendments Act of 1985 [July
    12, 1985] which specifically repeals, modifies, or supersedes the
    provisions of this subsection.
    (b) Authorization
      There are authorized to be appropriated to the Department of
    Commerce to carry out the purposes of this Act [sections 2401 to
    2420 of this Appendix] - 
        (1) $42,813,000 for the fiscal year 1993;
        (2) such sums as may be necessary for the fiscal year 1994; and
        (3) such additional amounts, for each such fiscal year, as may
      be necessary for increases in salary, pay, retirement, other
      employee benefits authorized by law, and other nondiscretionary
      costs.

-SOURCE-
    (Pub. L. 96-72, Sec. 18, Sept. 29, 1979, 93 Stat. 534; Pub. L. 97-
    145, Sec. 2(a), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99-64, title
    I, Sec. 119, July 12, 1985, 99 Stat. 154; Pub. L. 99-633, Sec. 1,
    Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100-418, title II, Sec. 2430,
    Aug. 23, 1988, 102 Stat. 1362; Pub. L. 103-10, Sec. 1, Mar. 27,
    1993, 107 Stat. 40.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b)(1) to (3). Pub. L. 103-10 added pars. (1) to
    (3) and struck out former pars. (1) to (3) which read as follows:
      "(1) $35,935,000 for the fiscal year 1988, of which $12,746,000
    shall be available only for enforcement, $2,000,000 shall be
    available only for foreign availability assessments under
    subsections (f) and (h)(6) of section 5, and $21,189,000 shall be
    available for all other activities under this Act;
      "(2) $46,913,000 for the fiscal year 1989, of which $15,000,000
    shall be available only for enforcement, $5,000,000 shall be
    available only for foreign availability assessments under
    subsections (f) and (h)(6) of section 5, $4,000,000 shall be
    available only for regional export control assistance centers, and
    $22,913,000 shall be available for all other activities under this
    Act; and
      "(3) such additional amounts for each of the fiscal years 1988
    and 1989 as may be necessary for increases in salary, pay,
    retirement, other employee benefits authorized by law, and other
    nondiscretionary costs."
      1988 - Subsec. (b)(1). Pub. L. 100-418, Sec. 2430(1), substituted
    "the fiscal year 1988" for "each of the fiscal years 1987 and 1988"
    and struck out "for each such year" after "available" in three
    places and "and" after semicolon at end.
      Subsec. (b)(2), (3). Pub. L. 100-418, Sec. 2430(2), added pars.
    (2) and (3) and struck out former par. (2) which read as follows:
    "such additional amounts for each of the fiscal years 1987 and 1988
    as may be necessary for increases in salary, pay, retirement, other
    employee benefits authorized by law, and other nondiscretionary
    costs."
      1986 - Subsec. (b). Pub. L. 99-633 amended subsec. (b) generally.
    Prior to amendment, subsec. (b) read as follows: "There are
    authorized to be appropriated to the Department of Commerce to
    carry out the purposes of this Act - 
        "(1) $24,600,000 for the fiscal year 1985, of which $8,712,000
      shall be available only for enforcement, $1,851,000 shall be
      available only for foreign availability assessments under
      subsections (f) and (h)(6) of section 5 of this Act, and
      $14,037,000 shall be available for all other activities under
      this Act;
        "(2) $29,382,000 for the fiscal year 1986, of which $9,243,000
      shall be available only for enforcement, $2,000,000 shall be
      available only for foreign availability assessments under
      subsections (f) and (h)(6) of section 5 of this Act, and
      $18,139,000 shall be available for all other activities under
      this Act; and
        "(3) such additional amounts for each of the fiscal years 1985
      and 1986 as may be necessary for increases in salary, pay,
      retirement, other employee benefits authorized by law, and other
      nondiscretionary costs."
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 119, amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
    "Notwithstanding any other provision of law, no appropriation shall
    be made under any law to the Department of Commerce for expenses to
    carry out the purposes of this Act unless previously and
    specifically authorized by law."
      Subsec. (b). Pub. L. 99-64, Sec. 119, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "There
    are authorized to be appropriated to the Department of Commerce to
    carry out the purposes of this Act - 
        "(1) $9,659,000 for each of the fiscal years 1982 and 1983; and
        "(2) such additional amounts, for each such fiscal year, as may
      be necessary for increases in salary, pay, retirement, other
      employee benefits authorized by law, and other nondiscretionary
      costs."
      1981 - Subsec. (b)(1). Pub. L. 97-145 substituted authorization
    of appropriation of $9,659,000 for each of the fiscal years 1982
    and 1983 for authorization of appropriation of $8,000,000 for each
    of the fiscal years 1980 and 1981, of which $1,250,000 were to be
    available for each such fiscal year only for purpose of carrying
    out foreign availability assessments pursuant to section 2404(f)(5)
    of this Appendix.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 2(b) of Pub. L. 97-145 provided that: "The amendment made
    by subsection (a) [amending this section] shall be effective as of
    October 1, 1981."

-End-



-CITE-
    50 USC APPENDIX Sec. 2418                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2418. Effective date

-STATUTE-
      This Act [sections 2401 to 2420 of this Appendix] shall take
    effect upon the expiration of the Export Administration Act of 1969
    [former sections 2401 to 2413 of this Appendix].

-SOURCE-
    (Pub. L. 96-72, Sec. 19(a), Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export Administration Act of 1969, referred to in text, is
    Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, which was
    classified generally to sections 2401 to 2413 of this Appendix, and
    terminated on Sept. 30, 1979, pursuant to the terms of that Act.
    For complete classification of this Act to the Code, see Tables.

-End-



-CITE-
    50 USC APPENDIX Sec. 2419                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2419. Termination date

-STATUTE-
      The authority granted by this Act [sections 2401 to 2420 of this
    Appendix] terminates on August 20, 2001.

-SOURCE-
    (Pub. L. 96-72, Sec. 20, Sept. 29, 1979, 93 Stat. 535; Pub. L. 98-
    108, Sec. 1, Oct. 1, 1983, 97 Stat. 744; Pub. L. 98-207, Dec. 5,
    1983, 97 Stat. 1391; Pub. L. 98-222, Feb. 29, 1984, 98 Stat. 36;
    Pub. L. 99-64, title I, Sec. 120, July 12, 1985, 99 Stat. 155; Pub.
    L. 100-418, title II, Sec. 2431, Aug. 23, 1988, 102 Stat. 1362;
    Pub. L. 103-10, Sec. 2, Mar. 27, 1993, 107 Stat. 40; Pub. L. 103-
    277, July 5, 1994, 108 Stat. 1407; Pub. L. 106-508, Nov. 13, 2000,
    114 Stat. 2360.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-508 substituted "August 20, 2001" for "August
    20, 1994".
      1994 - Pub. L. 103-277 substituted "August 20, 1994" for "June
    30, 1994".
      1993 - Pub. L. 103-10 substituted "June 30, 1994" for "September
    30, 1990".
      1988 - Pub. L. 100-418 substituted "1990" for "1989".
      1985 - Pub. L. 99-64 amended section generally, substituting
    "September 30, 1989" for "March 30, 1984, or upon any prior date
    which the President by proclamation may designate."
      1984 - Pub. L. 98-222 substituted "March 30" for "February 29".
      1983 - Pub. L. 98-207 substituted "February 29, 1984" for
    "October 14, 1983".
      Pub. L. 98-108 substituted "October 14, 1983" for "September 30,
    1983".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions conferred upon President under sections 2401 to 2420 of
    this Appendix delegated to Secretary of Commerce with certain
    exceptions, among them functions conferred upon President under
    this section, which were reserved to President, see Ex. Ord. No.
    12214, May 2, 1980, 45 F.R. 29783, set out under section 2403 of
    this Appendix.


-EXEC-
                CONTINUATION OF EXPORT CONTROL REGULATIONS            
      Provisions relating to continued effectiveness of the Export
    Administration Act of 1979, 50 App. U.S.C. 2401 et seq., and to
    issuance and continued effectiveness of rules, regulations, orders,
    licenses, and other forms of administrative action and delegations
    of authority relating to administration of that Act, were contained
    in the following:
      Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, set out as a
    note under section 1701 of Title 50, War and National Defense.
      Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
      Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
      Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
      Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
      Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set out as a
    note under section 1701 of Title 50.
      Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, formerly set
    out as a note under section 1701 of Title 50, prior to revocation
    by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

-End-



-CITE-
    50 USC APPENDIX Sec. 2420                                   01/02/2006

-EXPCITE-
    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

-HEAD-
    Sec. 2420. Savings provisions

-STATUTE-
    (a) In general
      All delegations, rules, regulations, orders, determinations,
    licenses, or other forms of administrative action which have been
    made, issued, conducted, or allowed to become effective under the
    Export Control Act of 1949 [former sections 2021 to 2032 of this
    Appendix] or the Export Administration Act of 1969 [former sections
    2401 to 2413 of this Appendix] and which are in effect at the time
    this Act takes effect [September 30, 1979] shall continue in effect
    according to their terms until modified, superseded, set aside, or
    revoked under this Act [sections 2401 to 2420 of this Appendix].
    (b) Administrative proceedings
      This Act [sections 2401 to 2420 of this Appendix] shall not apply
    to any administrative proceedings commenced or any application for
    a license made, under the Export Administration Act of 1969 [former
    sections 2401 to 2413 of this Appendix], which is pending at the
    time this Act takes effect [September 30, 1979].

-SOURCE-
    (Pub. L. 96-72, Sec. 21, Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export Control Act of 1949, referred to in subsec. (a), is
    act Feb. 26, 1949, ch. 11, 63 Stat. 7, as amended, which was
    classified to sections 2021 to 2032 of this Appendix, and
    terminated on Dec. 31, 1969, pursuant to the terms of that Act. For
    complete classification of this Act to the Code, see Tables.
      The Export Administration Act of 1969, referred to in text, is
    Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, which was
    classified generally to sections 2401 to 2413 of this Appendix, and
    terminated on Sept. 30, 1979, pursuant to the terms of that Act.
    For complete classification of this Act to the Code, see Tables.

-End-