dreamproit/uscode huggingface dataset:
50 U.S.C. § 3995 (WAR AND NATIONAL DEFENSE)
§ 3995. Mineral permits and leases
(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.
(Oct. 17, 1940, ch. 888, title V, § 505, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Codification
text: Section was formerly classified to section 565 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 505 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 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 3994 of this title.
50 U.S.C. § 3996 (WAR AND NATIONAL DEFENSE)
§ 3996. Perfection or defense of rights
(a) Right to take action not affected
This subchapter 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 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.
(Oct. 17, 1940, ch. 888, title V, § 506, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Codification
text: Section was formerly classified to section 566 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 506 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 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 3995 of this title.
50 U.S.C. § 3997 (WAR AND NATIONAL DEFENSE)
§ 3997. Distribution of information concerning benefits of subchapter
(a) Distribution of information by Secretary concerned
The Secretary concerned shall issue to servicemembers information explaining the provisions of this subchapter.
(b) Application forms
The Secretary concerned shall provide application forms to servicemembers requesting relief under this subchapter.
(c) Information from Secretary of the Interior
The Secretary of the Interior shall furnish to the Secretary concerned information explaining the provisions of this subchapter (other than sections 3991, 4000, and 4001 of this title) and related application forms.
(Oct. 17, 1940, ch. 888, title V, § 507, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857.)
heading: Codification
text: Section was formerly classified to section 567 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 507 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, § 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 3996 of this title.
50 U.S.C. § 3998 (WAR AND NATIONAL DEFENSE)
§ 3998. Land rights of servicemembers
(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 or the spouse of such servicemember 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 or under the laws of the State where the land is situated.
(Oct. 17, 1940, ch. 888, title V, § 508, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2857; amended Pub. L. 111–97, § 4(a), Nov. 11, 2009, 123 Stat. 3008.)
heading: Codification
text: Section was formerly classified to section 568 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 508 of act Oct. 17, 1940, ch. 888, art. V, 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.
heading: Amendments
text: 2009—Subsec. (b). Pub. L. 111–97 inserted “or the spouse of such servicemember” after “a servicemember in military service”.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–97, § 4(b), Nov. 11, 2009, 123 Stat. 3008, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511) [now 50 U.S.C. 3911]) on or after the date of the enactment of this Act [Nov. 11, 2009].”
50 U.S.C. § 3999 (WAR AND NATIONAL DEFENSE)
§ 3999. Regulations
The Secretary of the Interior may issue regulations necessary to carry out this subchapter (other than sections 3991, 4000, and 4001 of this title).
(Oct. 17, 1940, ch. 888, title V, § 509, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2858.)
heading: Codification
text: Section was formerly classified to section 569 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 509 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189; Oct. 6, 1942, ch. 581, § 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 3997 of this title.
50 U.S.C. § 4000 (WAR AND NATIONAL DEFENSE)
§ 4000. Income taxes
(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 title 26.
(Oct. 17, 1940, ch. 888, title V, § 510, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2858.)
heading: Codification
text: Section was formerly classified to section 570 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 510 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189; Pub. L. 102–12, § 9(23), Mar. 18, 1991, 105 Stat. 41, related to leave of absence for homestead entrymen to perform farm labor, prior to the general amendment of this Act by Pub. L. 108–189.
50 U.S.C. § 4011 (WAR AND NATIONAL DEFENSE)
§ 4011. Inappropriate use of chapter
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 chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
(Oct. 17, 1940, ch. 888, title VI, § 601, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
heading: Codification
text: Section was formerly classified to section 581 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 601 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1190; Jan. 20, 1942, ch. 10, §§ 1, 2, 56 Stat. 10; Pub. L. 102–12, § 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 4012 of this title.
Provisions similar to this section were contained in section 600 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1190; Pub. L. 102–12, § 9(25), Mar. 18, 1991, 105 Stat. 41, prior to the general amendment of this Act by Pub. L. 108–189.
50 U.S.C. § 4012 (WAR AND NATIONAL DEFENSE)
§ 4012. Certificates of service; persons reported missing
(a) Prima facie evidence
In any proceeding under this chapter, 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 chapter 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.
(Oct. 17, 1940, ch. 888, title VI, § 602, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
heading: Codification
text: Section was formerly classified to section 582 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 602 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to revocation of interlocutory orders, prior to the general amendment of this Act by Pub. L. 108–189. See section 4013 of this title.
50 U.S.C. § 4013 (WAR AND NATIONAL DEFENSE)
§ 4013. Interlocutory orders
An interlocutory order issued by a court under this chapter 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.
(Oct. 17, 1940, ch. 888, title VI, § 603, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2860.)
heading: Codification
text: Section was formerly classified to section 583 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 603 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to separability, prior to the general amendment of this Act by Pub. L. 108–189.
Prior sections 604 and 605 of act Oct. 17, 1940, ch. 888, were omitted in the general amendment of this Act by Pub. L. 108–189.
Section 604 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191; Pub. L. 102–12, § 9(27), Mar. 18, 1991, 105 Stat. 41, related to termination date.
Section 605 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to the inapplicability of act Mar. 8, 1918, ch. 20, 40 Stat. 440, to military service performed after Oct. 17, 1940.
50 U.S.C. § 4022 (WAR AND NATIONAL DEFENSE)
§ 4022. Power of attorney
(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) 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.
(Oct. 17, 1940, ch. 888, title VII, § 702, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2861.)
heading: Codification
text: Section was formerly classified to section 592 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 702 of act Oct. 17, 1940, ch. 888, art. VII, as added Pub. L. 102–12, § 4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L. 104–106, div. A, title XV, § 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 4023 of this title.
50 U.S.C. § 4025 (WAR AND NATIONAL DEFENSE)
§ 4025. Guarantee of residency for military personnel and spouses of military personnel
(a) In general
For the purposes of voting for any Federal office (as defined in section 30101 of title 52) 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.
(b) Spouses
For the purposes of voting for any Federal office (as defined in section 30101 of title 52) or a State or local office, a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same 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.
(Oct. 17, 1940, ch. 888, title VII, § 705, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865; amended Pub. L. 111–97, § 2(a), Nov. 11, 2009, 123 Stat. 3007.)
heading: Codification
text: Section was formerly classified to section 595 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2009—Pub. L. 111–97 inserted “and spouses of military personnel” after “military personnel” in section catchline, designated existing provisions as subsec.(a), inserted heading, and added subsec. (b).
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–97, § 2(c), Nov. 11, 2009, 123 Stat. 3007, provided that: “Subsection (b) of section 705 of such Act [Servicemembers Civil Relief Act] (50 U.S.C. App. 595) [now 50 U.S.C. 4025], as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act [Nov. 11, 2009], regardless of the date of the military or naval order concerned.”
50 U.S.C. § 4026 (WAR AND NATIONAL DEFENSE)
§ 4026. Business or trade obligations
(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.
(Oct. 17, 1940, ch. 888, title VII, § 706, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865.)
heading: Codification
text: Section was formerly classified to section 596 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4041 (WAR AND NATIONAL DEFENSE)
§ 4041. Enforcement by the Attorney General
(a) Civil action
The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
(1) engages in a pattern or practice of violating this chapter; or
(2) engages in a violation of this chapter that raises an issue of significant public importance.
(b) Relief
In a civil action commenced under subsection (a), the court may—
(1) grant any appropriate equitable or declaratory relief with respect to the violation of this chapter;
(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
(3) may, to vindicate the public interest, assess a civil penalty—
(A) in an amount not exceeding $55,000 for a first violation; and
(B) in an amount not exceeding $110,000 for any subsequent violation.
(c) Intervention
Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under section 4042 of this title with respect to that violation, along with costs and a reasonable attorney fee.
(Oct. 17, 1940, ch. 888, title VIII, § 801, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)
heading: Codification
text: Section was formerly classified to section 597 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4042 (WAR AND NATIONAL DEFENSE)
§ 4042. Private right of action
(a) In general
Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and
(2) recover all other appropriate relief, including monetary damages.
(b) Costs and attorney fees
The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
(Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)
heading: Codification
text: Section was formerly classified to section 597a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4043 (WAR AND NATIONAL DEFENSE)
§ 4043. Preservation of remedies
Nothing in section 4041 or 4042 of this title shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
(Oct. 17, 1940, ch. 888, title VIII, § 803, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)
heading: Codification
text: Section was formerly classified to section 597b of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4102 (WAR AND NATIONAL DEFENSE)
§ 4102. Jurisdiction of Commission
The Commission shall have jurisdiction to receive and adjudicate according to law claims as hereinafter provided.
(July 3, 1948, ch. 826, title I, § 3, 62 Stat. 1241.)
heading: Codification
text: Section was formerly classified to section 2002 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Transfer of Functions
text: 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, §§ 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 4101 of this title and notes thereunder.