50 U.S.C. § 4103 — Claims of employees of contractors

Page 1023 TITLE 50—WAR AND NATIONAL DEFENSE § 4103 to 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, which abolished War Claims Commission, including offices of its members, and transferred functions of Commission and members, officers, and employees thereof to For- eign Claims Settlement Commission of the United States. § 4102. Jurisdiction of Commission The Commission shall have jurisdiction to re- ceive and adjudicate according to law claims as hereinafter provided. (July 3, 1948, ch. 826, title I, § 3, 62 Stat. 1241.) Editorial Notes CODIFICATION Section was formerly classified to section 2002 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For provisions transferring Foreign Claims Settle- ment 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. Executive Documents TRANSFER OF FUNCTIONS War Claims Commission, including offices of its members, abolished and functions transferred to For- eign 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 there- under. § 4103. Claims of employees of contractors (a) Payment by Secretary of Labor of certain claims; execution of releases The Secretary of Labor is authorized to re- ceive, 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, dis- ability, 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 rep- resentative 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 employ- ment 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 per- son by such employer for such period or recov- ered 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 aris- ing 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 aris- ing 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 et seq.] or detention or other benefits paid under the Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.]. Any claim allowed under the provisions of this sec- tion shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by sec- tion 4110 of this title. (b) Cancellation of employees’ obligations; repay- ment 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 De- partment 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 ex- penses of repatriation. (2) The Secretary of Labor is authorized to re- ceive, 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 Decem- ber 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 para- graph (1) of this subsection. Any claim allowed under the provisions of this paragraph shall be certified by the Secretary of Labor to the Sec- retary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. (c) Omitted (July 3, 1948, ch. 826, title I, § 4, 62 Stat. 1241; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes REFERENCES IN TEXT Act of August 16, 1941, referred to in subsec. (a), is act Aug. 16, 1941, ch. 357, 55 Stat. 622, known as the Defense Base Act, which is classified generally to chapter 11 (§ 1651 et seq.) of Title 42, The Public Health and Wel- fare. 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, referred to in subsec. (a), is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, which is classified principally to chapter 12 (§ 1701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. CODIFICATION Section is comprised of section 4 of act July 3, 1948. Subsec. (c) of section 4 of act July 3, 1948, amended sec- tion 1702 of Title 42, The Public Health and Welfare. Section was formerly classified to section 2003 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Page 1024 TITLE 50—WAR AND NATIONAL DEFENSE § 4104 1 So in original. The comma probably should not appear. AMENDMENTS 1962—Subsecs. (a), (b)(2). Pub. L. 87–846 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 4110 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For provisions transferring Foreign Claims Settle- ment 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Labor’’ substituted in subsecs. (a) and (b) for ‘‘Federal Security Administrator’’ and ‘‘Admin- istrator’’ pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which trans- ferred functions of Federal Security Administrator and Federal Security Agency under this section to Sec- retary of Labor, with power to delegate, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 662. See section 8145 of Title 5, Government Organization and Employees. 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, §§ 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 Em- ployees. See, also, section 4101 of this title and notes thereunder. § 4104. Internees (a) ‘‘Civilian American citizen’’ defined As used in subsections (b) and (f) of this sec- tion, 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 Phil- ippine 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 en- trance 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, adju- dicate according to law, and provide for the pay- ment 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 cal- endar month during which such person was less than eighteen years of age. (d) Persons entitled to detention benefits The detention benefits allowed under sub- section (b) shall be allowed to the person enti- tled 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 hus- band and the other half to the child or chil- dren 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 4110 of this title, 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 claim- ant, to the natural or legal guardian, com- mittee, conservator, or curator of the claimant, or, if there is no such guardian, committee, con- servator, 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 War Hazards Compensation Act; factors for determining benefits; effec- tive date (1) Except as otherwise provided in this sub- section, the provisions of titles I and II 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 De- cember 2, 1942, as amended [42 U.S.C. 1701 et seq., 1711 et seq.], are extended and shall apply with respect to the injury, disability, or death result- ing 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. (2) For the purpose of determining the benefits extended and made applicable by paragraph (1)— (A) the average weekly wage of any such ci- vilian 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 et seq.],1 shall be applicable whether or not