dreamproit/uscode huggingface dataset:
50 U.S.C. § 4140 (WAR AND NATIONAL DEFENSE)
§ 4140. Claim filing period
Within sixty days after the enactment of this subchapter or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter, 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.
(July 3, 1948, ch. 826, title II, § 210, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.)
heading: References in Text
text: The enactment of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 87–846, which was approved Oct. 22, 1962.
heading: Codification
text: Section was formerly classified to section 2017i of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Protests Relating to Awards by Commission; Notice by Publication in Federal Register
text: Notwithstanding the provisions of this section and section 4141 of this title, 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 4143 of this title. 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.
50 U.S.C. § 4141 (WAR AND NATIONAL DEFENSE)
§ 4141. Claims settlement period
The Commission shall complete its affairs in connection with the settlement of claims pursuant to this subchapter 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 subchapter.
(July 3, 1948, ch. 826, title II, § 211, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.)
heading: Codification
text: Section was formerly classified to section 2017j of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Protests Relating to Awards by Commission; Notice by Publication in Federal Register
text: Notwithstanding the provisions of this section and section 4140 of this title, 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 4143 of this title. 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.
50 U.S.C. § 4142 (WAR AND NATIONAL DEFENSE)
§ 4142. Notification to claimants
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.
(July 3, 1948, ch. 826, title II, § 212, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1111.)
heading: Codification
text: Section was formerly classified to section 2017k of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4144 (WAR AND NATIONAL DEFENSE)
§ 4144. Fees of attorneys and agents
No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter 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 subchapter 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.
(July 3, 1948, ch. 826, title II, § 214, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1112.)
heading: Codification
text: Section was formerly classified to section 2017m of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4145 (WAR AND NATIONAL DEFENSE)
§ 4145. Application of other laws
To the extent they are not inconsistent with the provisions of this subchapter, the following provisions of subchapter I and title I of the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621 et seq.], shall apply to this subchapter: The first sentence of subsection (b) of section 4101 of this title, all of subsection (c) of section 4101 of this title and section 4109 of this title, 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].
(July 3, 1948, ch. 826, title II, § 215, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1112.)
heading: References in Text
text: Subchapter I, referred to in text, was in the original “title I of this Act”, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to subchapter I (§ 4101 et seq.) of this chapter. For complete classification of title I to the Code, see Tables.
The International Claims Settlement Act of 1949, referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12. Title I of the Act is classified generally to subchapter I (§ 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.
heading: Codification
text: Section was formerly classified to section 2017n of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4146 (WAR AND NATIONAL DEFENSE)
§ 4146. Transfer of records
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 subchapter as may be required by the Commission in carrying out its functions under this subchapter.
(July 3, 1948, ch. 826, title II, § 216, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1113.)
heading: Codification
text: Section was formerly classified to section 2017o of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4147 (WAR AND NATIONAL DEFENSE)
§ 4147. Administrative expenses
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 4336(d) 1 of this title) to enable the Commission and the Treasury Department to pay their administrative expenses in carrying out their respective functions under this subchapter.
(July 3, 1948, ch. 826, title II, § 217, as added Pub. L. 87–846, title I, § 103, Oct. 22, 1962, 76 Stat. 1113.)
heading: References in Text
text: Section 4336(d) of this title, referred to in text, authorized Attorney General to cover into the Treasury certain sums for deposit into War Claims Fund, prior to repeal by Pub. L. 100–418, title II, § 2501(a)(1), Aug. 23, 1988, 102 Stat. 1371. See section 4336(b) of this title.
heading: Codification
text: Section was formerly classified to section 2017p of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4201 (WAR AND NATIONAL DEFENSE)
§ 4201. Purposes
The purposes of this chapter 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.
(Pub. L. 100–383, § 1, Aug. 10, 1988, 102 Stat. 903.)
heading: Codification
text: Section was formerly classified to section 1989 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4202 (WAR AND NATIONAL DEFENSE)
§ 4202. Statement of the Congress
(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.
(Pub. L. 100–383, § 2, Aug. 10, 1988, 102 Stat. 903.)
heading: Codification
text: Section was formerly classified to section 1989a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4211 (WAR AND NATIONAL DEFENSE)
§ 4211. Short title
This subchapter may be cited as the “Civil Liberties Act of 1988”.
(Pub. L. 100–383, title I, § 101, Aug. 10, 1988, 102 Stat. 904.)
heading: Codification
text: Section was formerly classified to section 1989b of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Short Title of 1992 Amendment
text: Pub. L. 102–371, § 1, Sept. 27, 1992, 106 Stat. 1167, provided that: “This Act [see Tables for classification] may be cited as the ‘Civil Liberties Act Amendments of 1992’.”
50 U.S.C. § 4212 (WAR AND NATIONAL DEFENSE)
§ 4212. Remedies with respect to criminal convictions
(a) Review of convictions
The Attorney General is requested to review any case in which an individual living on August 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 4202(a) of this title, the President is requested to offer pardons to any individuals recommended by the Attorney General under subsection (b).
(Pub. L. 100–383, title I, § 102, Aug. 10, 1988, 102 Stat. 904.)
heading: References in Text
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, § 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, § 501(e), Sept. 14, 1976, 90 Stat. 1258.
heading: Codification
text: Section was formerly classified to section 1989b–1 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4213 (WAR AND NATIONAL DEFENSE)
§ 4213. Consideration of Commission findings by departments and agencies
(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 4202(a) of this title, 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.
(Pub. L. 100–383, title I, § 103, Aug. 10, 1988, 102 Stat. 905.)
heading: Codification
text: Section was formerly classified to section 1989b–2 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4214 (WAR AND NATIONAL DEFENSE)
§ 4214. Trust Fund
(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.
(c) Uses of the Fund
Amounts in the Fund shall be available only for disbursement by the Attorney General under section 4215 of this title and by the Board under section 4216 of this title.
(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 August 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.
(Pub. L. 100–383, title I, § 104, Aug. 10, 1988, 102 Stat. 905; Pub. L. 102–371, § 2, Sept. 27, 1992, 106 Stat. 1167.)
heading: Codification
text: Section was formerly classified to section 1989b–3 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1992—Subsec. (e). Pub. L. 102–371 substituted “$1,650,000,000” for “$1,250,000,000”.
heading: Maximum Amount Authorized for Fund
text: 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)) [now 50 U.S.C. 4214(e)], 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 [50 U.S.C. 4214(a)], for payments to eligible individuals under section 105 of that Act [50 U.S.C. 4215].”
50 U.S.C. § 4217 (WAR AND NATIONAL DEFENSE)
§ 4217. Documents relating to the internment
(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.
(Pub. L. 100–383, title I, § 107, Aug. 10, 1988, 102 Stat. 909.)
heading: Codification
text: Section was formerly classified to section 1989b–6 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4219 (WAR AND NATIONAL DEFENSE)
§ 4219. 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, total benefits conferred by this subchapter shall be limited 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 I, § 109, Aug. 10, 1988, 102 Stat. 910.)
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 1989b–8 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.