Page:United States Statutes at Large Volume 62 Part 1.djvu/1261

 62 STAT.] 80rH CONG. , 2D SESS.-CH. 814 -JULY 2, 1948 [CHAPTER 814] AN ACT To authorize the Attorney General to adjudicate certain claims resulting from evacuation of certain persons of Japanese ancestry under military orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney General shall have jurisdiction to determine according to law any claim by a person of Japanese ancestry against the United States aris- ing 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 a reasonable and natural consequence of the evacuation or exclusion of such person by the appropriate mili- tary 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 CFR, 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 CFR, 1944 Supp., 45). As used herein "evacuation" shall include voluntary departure from a military area prior to but in anticipation of an order of exclusion therefrom. LIMITATIONS; CLAIMS NOT TO BE CONSIDERED SEC. 2. (a) The Attorney General shall receive claims for a period of eighteen months from the date of enactment of this Act. All claims not presented within that time shall be forever barred. (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) for damage or loss arising out of action taken by any Federal agency pursuant to sections 40(7, 4068, 4069, and 4070 (relating to alien enemies) of the Revised Statutes, as anended 50 U. S . C. 21 -24), or pursuant to the Trading With the Enemy ct, 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; (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. HEARINGS; EVIDENCE; RECORDS SEC. 3. (a) The Attorney General shall give reasonable notice to the interested parties and an opportunity for them to be heard and to present evidence before making a final determination upon any claim. (b) For the purpose of any hearing or investigation authorized under this Act, the provisions of sections 9 and 10 (relating to exami- nation of documentary evidence, attendance of witnesses, and produc- tion of books, papers, and documents) of the Federal Trade Com- mission Act of September 26, 1914, as amended (15 U. S . C. 49, 50), are hereby made applicable to the jurisdiction, powers, and duties of the Attorney General Subpenas may be served personally, by 1231 July 2, 1948 [H. R. 3999] [Public Law 886] Japaneseevacuation claims. 31 Stat. 153. 3 CPR, 1944 Supp. , p.94. "Evacuation." 40 Stat. 411. MiU. .C. app.§l- 38; Supp. I, §4 d seq. Ante, p. 1218; poe. p. 1246. 38 Stat. 7

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