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50 U.S.C. § 4220 (WAR AND NATIONAL DEFENSE)
§ 4220. Entitlements to eligible individuals
(a) In general
Subject to sections 4214(e) and 4215(g) of this title 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 subchapter 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 900(c)(7) of title 2; and
(2) the term “entitlement” means “spending authority” as defined in section 651(c)(2)(C) 1 of title 2.
(Pub. L. 100–383, title I, § 110, as added Pub. L. 101–162, title II, § 209(a), Nov. 21, 1989, 103 Stat. 1005; amended Pub. L. 102–371, § 7, Sept. 27, 1992, 106 Stat. 1168.)
heading: References in Text
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 4218 of this title.
Section 651(c)(2)(C) of title 2, referred to in subsec. (c)(2), was repealed by Pub. L. 105–33, title X, § 10116(a)(3), Aug. 5, 1997, 111 Stat. 691.
heading: Codification
text: Section was formerly classified to section 1989b–9 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1992—Pub. L. 102–371 designated existing provisions as subsec. (a), inserted heading, inserted “and except as provided in subsection (b)” after “4215(g) of this title”, struck out “As used in this section, the term ‘entitlement’ means ‘spending authority’ as defined in section 651(c)(2)(C) of title 2.” after “shall be an entitlement.”, and added subsecs. (b) and (c).
50 U.S.C. § 4231 (WAR AND NATIONAL DEFENSE)
§ 4231. Short title
This subchapter may be cited as the “Aleutian and Pribilof Islands Restitution Act”.
(Pub. L. 100–383, title II, § 201, Aug. 10, 1988, 102 Stat. 911.)
heading: Codification
text: Section was formerly classified to section 1989c of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4232 (WAR AND NATIONAL DEFENSE)
§ 4232. Definitions
As used in this subchapter—
(1) the term “Administrator” means the person appointed by the Secretary under section 4234 of this title;
(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 1606 of title 43;
(5) the term “eligible Aleut” means any Aleut living on August 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 4233 of this title; and
(8) the term “World War II” means the period beginning on December 7, 1941, and ending on September 2, 1945.
(Pub. L. 100–383, title II, § 202, Aug. 10, 1988, 102 Stat. 911.)
heading: Codification
text: Section was formerly classified to section 1989c–1 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4233 (WAR AND NATIONAL DEFENSE)
§ 4233. Aleutian and Pribilof Islands Restitution Fund
(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 subchapter.
(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.
(d) Termination
The Secretary shall terminate the Fund 3 years after August 10, 1988, or 1 year following disbursement of all payments from the Fund, as authorized by this subchapter, 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.
(Pub. L. 100–383, title II, § 203, Aug. 10, 1988, 102 Stat. 911.)
heading: Codification
text: Section was formerly classified to section 1989c–2 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Reestablishment of Fund; Use of Funds
text: 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 4235 of this title.
50 U.S.C. § 4234 (WAR AND NATIONAL DEFENSE)
§ 4234. Appointment of Administrator
As soon as practicable after August 10, 1988, 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 subchapter. The Secretary may appoint the Association as Administrator if such agreement is reached within 90 days after August 10, 1988. If no such agreement is reached within such period, the Secretary shall appoint another person as Administrator under this subchapter, after consultation with leaders of affected Aleut villages and the Corporation.
(Pub. L. 100–383, title II, § 204, Aug. 10, 1988, 102 Stat. 912.)
heading: Codification
text: Section was formerly classified to section 1989c–3 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4236 (WAR AND NATIONAL DEFENSE)
§ 4236. Individual compensation of eligible Aleuts
(a) Payments to eligible Aleuts
In addition to payments made under section 4235 of this title, 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 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 4232(5) of this title.
(f) Authorization of appropriations
There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.
(Pub. L. 100–383, title II, § 206, Aug. 10, 1988, 102 Stat. 914.)
heading: Codification
text: Section was formerly classified to section 1989c–5 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4238 (WAR AND NATIONAL DEFENSE)
§ 4238. Compliance with Budget Act
No authority under this subchapter 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 4233 of this title,
(2) the trust established under section 4235(b) of this title, and
(3) the provisions of sections 4236 and 4237 of this title,
shall limit the total benefits conferred to an amount not in excess of the appropriations for such fiscal year. Any provision of this subchapter which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal year 1989 and thereafter.
(Pub. L. 100–383, title II, § 208, Aug. 10, 1988, 102 Stat. 916.)
heading: References in Text
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. 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.
heading: Codification
text: Section was formerly classified to section 1989c–7 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4239 (WAR AND NATIONAL DEFENSE)
§ 4239. Severability
If any provision of this subchapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this subchapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
(Pub. L. 100–383, title II, § 209, Aug. 10, 1988, 102 Stat. 916.)
heading: Codification
text: Section was formerly classified to section 1989c–8 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4251 (WAR AND NATIONAL DEFENSE)
§ 4251. Exclusion of claims
Notwithstanding any other provision of law or of this chapter, nothing in this chapter shall be construed as recognition of any claim of Mexico or any other country or any Indian tribe (except as expressly provided in this chapter with respect to the Aleut tribe of Alaska) to any territory or other property of the United States, nor shall this chapter be construed as providing any basis for compensation in connection with any such claim.
(Pub. L. 100–383, title III, § 301, Aug. 10, 1988, 102 Stat. 916.)
heading: Codification
text: Section was formerly classified to section 1989d of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4301 (WAR AND NATIONAL DEFENSE)
§ 4301. Designation of chapter
This chapter shall be known as the “Trading with the enemy 1 Act.”
(Oct. 6, 1917, ch. 106, § 1, 40 Stat. 411.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4311 (WAR AND NATIONAL DEFENSE)
§ 4311. Importations prohibited
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.
(Oct. 6, 1917, ch. 106, § 11, 40 Stat. 422.)
heading: Codification
text: Section was formerly classified to section 11 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4314 (WAR AND NATIONAL DEFENSE)
§ 4314. False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export
During the present war, whenever there is reasonable cause to believe that the manifest or the additional statements under oath required by section 4313 of this title 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.
(Oct. 6, 1917, ch. 106, § 14, 40 Stat. 424.)
heading: Codification
text: Section was formerly classified to section 14 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Transfer of Functions
text: 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, and functions vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury 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.
50 U.S.C. § 4316 (WAR AND NATIONAL DEFENSE)
§ 4316. Rules by district courts; appeals
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 chapter, 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.”
(Oct. 6, 1917, ch. 106, § 17, 40 Stat. 425.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
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, § 39, 62 Stat. 992, and reenacted as sections 1291, 1292, 1293, and 1294 of Title 28, Judiciary and Judicial Procedure. Section 1293 of Title 28 was repealed by Pub. L. 87–189, § 3, Aug. 30, 1961, 75 Stat. 417. Section 345 of former Title 28 was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992.
heading: Codification
text: Section was formerly classified to section 17 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4318 (WAR AND NATIONAL DEFENSE)
§ 4318. Claims of naturalized citizens as affected by expatriation
The claim of any naturalized American citizen under the provisions of this chapter 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.
(Oct. 6, 1917, ch. 106, § 21, as added Mar. 4, 1923, ch. 285, § 2, 42 Stat. 1516.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
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, prior to repeal by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. See section 1481(a) of Title 8.
heading: Codification
text: Section was formerly classified to section 21 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4319 (WAR AND NATIONAL DEFENSE)
§ 4319. Fugitives from justice barred from recovery
No person shall be entitled to the return of any property or money under any provision of this chapter, or any amendment of this chapter, who is a fugitive from justice of the United States or any State or Territory thereof, or the District of Columbia.
(Oct. 6, 1917, ch. 106, § 22, as added Mar. 4, 1923, ch. 285, § 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, § 16, 45 Stat. 275.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 22 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1928—Act Mar. 10, 1928, inserted “, or any amendment of this chapter,” after “any provision of this chapter”.
50 U.S.C. § 4320 (WAR AND NATIONAL DEFENSE)
§ 4320. Payment of income, etc., by Alien Property Custodian
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.
(Oct. 6, 1917, ch. 106, § 23, as added Mar. 4, 1923, ch. 285, § 2, 42 Stat. 1516; amended Mar. 10, 1928, ch. 167, § 17, 45 Stat. 275.)
heading: Codification
text: Section was formerly classified to section 23 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1928—Act Mar. 10, 1928, struck out restriction that no person be paid any amount over $10,000 per annum.
heading: Transfer of Functions
text: Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.