50 U.S.C. § 4105 — Prisoners of war

Page 1027 TITLE 50—WAR AND NATIONAL DEFENSE § 4105 the purposes of this subsection, including nec- essary administrative expenses. (July 3, 1948, ch. 826, title I, § 5, 62 Stat. 1242; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Apr. 9, 1952, ch. 168, § 1, 66 Stat. 49; Aug. 21, 1954, ch. 784, § 1, 68 Stat. 759; Aug. 31, 1954, ch. 1162, title I, §§ 101 (a)–(c), 102(a), 68 Stat. 1033, 1034; Pub. L. 87–617, Aug. 31, 1962, 76 Stat. 413; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107; Pub. L. 91–289, § 3, June 24, 1970, 84 Stat. 324; Pub. L. 94–383, Aug. 12, 1976, 90 Stat. 1122.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to provide benefits for the injury, disability, death, or enemy detention of em- ployees of contractors with the United States, and for other purposes’’, approved December 2, 1942, referred to in subsec. (f)(1), 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. Titles I and II of the act, popularly known as the War Hazards Compensation Act, are classified generally to sub- chapters I (§ 1701 et seq.) and II (§ 1711 et seq.) of chapter 12 of Title 42. For complete classification of this Act to the Code, see Tables. The Federal Employee Compensation Act, referred to in subsec. (f)(11), is act Sept. 7, 1916, ch. 458, 39 Stat. 742. The act was repealed, and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. Subsection (b) of section 5 of the Act entitled ‘‘An Act to amend the Act entitled ‘An Act to provide com- pensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes’, as amended’’, approved July 28, 1945, referred to in subsec. (f)(11), is section 5(b) of act July 28, 1945, ch. 328, 59 Stat. 504, which enacted section 801 of former Title 5, Executive Departments and Gov- ernment Officers and Employees, prior to repeal by Pub. L. 85–608, § 303, Aug. 8, 1958, 72 Stat. 539. See sec- tion 8102(b) of Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified to section 2004 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1976—Subsec. (i)(3). Pub. L. 94–383 substituted ‘‘$150’’ for ‘‘$60’’. 1970—Subsec. (e). Pub. L. 91–289, § 3(1), included ref- erence to subsec. (i) in parenthetical phrase. Subsec. (i). Pub. L. 91–289, § 3(2), added subsec. (i). 1962—Subsec. (e). Pub. L. 87–846 made technical amendment to reference in original act which appears in text as reference to section 4110 of this title. Subsec. (h). Pub. L. 87–617 added subsec. (h). 1954—Subsec. (a). Act Aug. 31, 1954, § 101(a), included as eligible for detention benefits, civilian American citizens who were captured at certain Pacific islands by the Japanese, but who were formerly expressly ex- cluded from these benefits by reason of being Federal employees or employees of contractors with the United States, and to make them eligible for disability com- pensation. Act Aug. 21, 1954, § 1(b), limited the applica- tion of such section’s definition of ‘‘civilian American citizen’’ to subsecs. (b) and (f) of this section. Subsec. (d). Act Aug. 31, 1954, § 102(a), (b), struck out ‘‘dependent’’ wherever appearing, and added cl. (4). Subsec. (e). Act Aug. 21, 1954, § 1(c), inserted ‘‘(except under subsection (g) )’’ after ‘‘under this section’’. Subsec. (f)(3). Act Aug. 31, 1954, § 101(b), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The following provisions of such Act of Decem- ber 2, 1942, as amended, shall not apply in the case of such civilian American citizens: Section 101(b), section 104, and section 105.’’ Subsec. (f)(10), (11). Act Aug. 31, 1954, § 101(c), added pars. (10) and (11). Subsec. (g). Act Aug. 21, 1954, § 1(a), added subsec. (g). 1952—Subsec. (e). Act Apr. 9, 1952, allowed the award for the benefit of claimant to be paid to the claimant’s natural or legal guardian, committee, conservator, or curator, or to such other person as is charged with the care of the claimant, and permitted the payment of an award payable to a minor, directly to such minor. 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 for ‘‘Federal Secu- rity Administrator’’ in subsec. (f)(6) pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Secu- rity Administrator and Federal Security Agency under this section to Secretary of Labor, with power to dele- gate, and was set out in the Appendix to Title 5, Gov- ernment Organization and Employees, 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 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. § 4105. Prisoners of war (a) ‘‘Prisoner of war’’ defined As used in subsection (b) of this section, the term ‘‘prisoner of war’’ means any regularly ap- pointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who was held as a prisoner of war for any period of time subsequent to December 7, 1941, by any government of any nation with which the United States has been at war subsequent to such date. (b) Payment of claims; rate allowed; certification of claims The Commission is authorized to receive, adju- dicate according to law, and provide for the pay- ment of any claim filed by any prisoner of war for compensation for the violation by the enemy government by which he was held as a prisoner of war, or its agents, of its obligation to furnish him the quantity or quality of food to which he was entitled as a prisoner of war under the terms of the Geneva Convention of July 27, 1929. The compensation allowed to any prisoner of war under the provisions of this subsection shall be at the rate of $1 for each day he was held as a prisoner of war on which the enemy govern- ment or its agents failed to furnish him such quantity or quality of food. Any claim allowed under the provisions of this subsection shall be Page 1028 TITLE 50—WAR AND NATIONAL DEFENSE § 4105 certified to the Secretary of the Treasury for payment out of the War Claims Fund estab- lished by section 4110 of this title. (c) Persons entitled to payments Claims pursuant to subsection (b) shall be paid to the person entitled thereto, and shall in case of death of the persons who are entitled be pay- able only to or for the benefit of 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 of the deceased 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 widow, husband, or child. (d) Additional definition of ‘‘prisoner of war’’; payment of claims; rate allowed; persons en- titled to payments (1) As used in this subsection the term ‘‘pris- oner of war’’ means any regularly appointed, en- rolled, enlisted, or inducted member of the mili- tary or naval forces of the United States, who was held a prisoner of war for any period of time subsequent to December 7, 1941, by any govern- ment of any nation with which the United States has been at war subsequent to such date. (2) The Commission is authorized to receive, adjudicate according to law, and to provide for the payment of any claim filed by any prisoner of war for compensation— (A) for the violations by the enemy govern- ment by which he was held as a prisoner of war, or its agents, of such government’s obli- gations under title III, section III, of the Gene- va Convention of July 27, 1929, relating to labor of prisoners of war; or (B) for inhumane treatment by the enemy government by which he was held, or its agents. The term ‘‘inhumane treatment’’ as used herein shall include, but not be limited to, violation by such enemy government, or its agents, of one or more of the provisions of ar- ticles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57, of the Geneva Convention of July 27, 1929. (3) Compensation shall be allowed to any pris- oner of war under this subsection at the rate of $1.50 per day for each day he was held as a pris- oner of war on which he alleges and proves in a manner acceptable to the Commission— (A) the violation by such enemy government or its agents of the provisions of title III, sec- tion III, of the Geneva Convention of July 27, 1929; or (B) any inhumane treatment as defined here- in. Any claim allowed under the provisions of this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. In no event shall the compensation allowed to any prisoner of war under this subsection exceed the sum of $1.50 with respect to any one day. (4) Claims pursuant to subsection (d)(2) shall be paid to the person entitled thereto, or to his legal or natural guardian if he has one, and shall, in case of death of the persons who are en- titled be payable only to or for the benefit of the following persons: (A) widow or husband if there is no child or children of the deceased; (B) 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 of the deceased in equal shares; (C) child or children of the deceased (in equal shares) if there is no widow or husband; and (D) parents (in equal shares) if there is no widow, husband, or child. (e) Extension to Korean War prisoners (1) As used in this subsection the term ‘‘pris- oner of war’’ means any regularly appointed, en- rolled, enlisted, or inducted member of the Armed Forces of the United States who was held as a prisoner of war for any period of time subse- quent to June 25, 1950, by any hostile force with which the Armed Forces of the United States were actually engaged in armed conflict subse- quent to such date and prior to August 21, 1954, or any person (military or civilian) assigned to duty in the U.S.S. Pueblo who was captured by the military forces of North Korea on January 23, 1968, and thereafter held prisoner by the Gov- ernment of North Korea for any period of time ending on or before December 23, 1968, except any person who, at any time, voluntarily, know- ingly, and without duress, gave aid to or col- laborated with or in any manner served any such hostile force. (2) The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any prisoner of war for compensa- tion for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to furnish him the quantity or quality of food prescribed for prisoners of war under the terms of the Geneva Convention of July 27, 1929. The compensation allowed to any prisoner of war under the provisions of this paragraph shall be at the rate of $1 for each day on which he was held as a prisoner of war and on which such hos- tile force, or its agents, failed to furnish him such quantity or quality of food. (3) The Commission is authorized to receive and to determine, according to law, the amount and validity and provide for the payment of any claim filed by any prisoner of war for compensa- tion— (A) for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to meet the conditions and require- ments prescribed under title III, section III, of the Geneva Convention of July 27, 1929, relat- ing to labor of prisoners of war; or (B) for inhumane treatment by the hostile force by which he was held, or its agents. The term ‘‘inhumane treatment’’ as used herein shall include, but not be limited to, failure of such hostile force, or its agents, to meet the conditions and requirements of one or more of the provisions of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, or 57 of the Geneva Convention of July 27, 1929. Compensation shall be allowed to any prisoner of war under this paragraph at the rate of $1.50 Page 1029 TITLE 50—WAR AND NATIONAL DEFENSE § 4105 per day for each day on which he was held as a prisoner of war and with respect to which he al- leges and proves in a manner acceptable to the Commission the failure to meet the conditions and requirements described in subparagraph (A) or the inhumane treatment described in sub- paragraph (B). In no event shall the compensa- tion allowed to any prisoner of war under this paragraph exceed the sum of $1.50 with respect to any one day. (4) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be paid by the Secretary of the Treas- ury to the person entitled thereto, and shall, in case of death or determination of death of the persons who are entitled, be paid only to or for the benefit of the persons specified, and in the order established, by paragraph (4) of subsection (d) of this section. (5) Each claim filed under this subsection must be filed not later than one year from whichever of the following dates last occurs: (A) August 21, 1954; (B) The date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or (C) The date upon which the Department of Defense makes a determination that the pris- oner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States; (D) In the case of any person assigned to duty in the U.S.S. Pueblo referred to in para- graph (1) of this subsection, one year after June 24, 1970. The Commission shall complete its determina- tions with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed. (6) Any claim allowed under the provisions of this subsection shall be paid from funds appro- priated pursuant to paragraph (7) of this sub- section. (7)(A) There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including nec- essary administrative expenses. (B) The Commission shall determine, from time to time, the share of its administrative ex- penses attributable to the performance of its functions under this subsection and make the appropriate adjustments in its accounts, and de- terminations and adjustments made pursuant to this subparagraph shall be final and conclusive. (f) Vietnam conflict; definitions; authority of Commission; classes of claims; rate of com- pensation; certification for payment; persons entitled to payments; filing date; determina- tion of claims; fund for payment; appropria- tions (1) As used in this subsection— (A) the term ‘‘Vietnam conflict’’ relates to the period beginning February 28, 1961, and ending on such date as shall thereafter be de- termined by Presidential proclamation or con- current resolution of the Congress; and (B) the term ‘‘prisoner of war’’ means any regularly appointed, enrolled, enlisted, or in- ducted member of the Armed Forces of the United States who was held as a prisoner of war for any period of time during the Vietnam conflict by any force hostile to the United States, except any such member who, at any time, voluntarily, knowingly, and without du- ress, gave aid to or collaborated with, or in any manner served, such hostile force. (2) The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by any prisoner of war for compensa- tion for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to furnish him the quantity or quality of food prescribed for prisoners of war under the terms of the Geneva Convention of August 12, 1949. The compensation allowed to any prisoner of war under the provisions of this paragraph shall be at the rate of $2 for each day on which he was held as a prisoner of war and on which such hos- tile force, or its agents, failed to furnish him such quantity or quality of food. (3) The Commission is authorized to receive and to determine, according to law, the amount and validity and provide for the payment of any claim filed by any prisoner of war for compensa- tion— (A) for the failure of the hostile force by which he was held as a prisoner of war, or its agents, to meet the conditions and require- ments prescribed under chapter VIII, section III, of the Geneva Convention of August 12, 1949, relating to labor of prisoners of war; or (B) for inhumane treatment by the hostile force by which he was held, or its agents. The term ‘‘inhumane treatment’’ as used in this subparagraph shall include, but not be limited to, failure of such hostile force, or its agents, to meet the conditions and requirements of one or more of the provisions of articles 3, 12, 13, 14, 17, 19, 22, 23, 24, 25, 27, 29, 43, 44, 45, 46, 47, 48, 84, 85, 86, 87, 88, 89, 90, 97, or 98 of the Ge- neva Convention of August 12, 1949. Compensation shall be allowed to any prisoner of war under this paragraph at the rate of $3 per day for each day on which he was held as a pris- oner of war and with respect to which he alleges and proves in a manner acceptable to the Com- mission the failure to meet the conditions and requirements described in subparagraph (A) of this paragraph or the inhumane treatment de- scribed in subparagraph (B) of this paragraph. In no event shall the compensation allowed to any prisoner of war under this paragraph exceed the sum of $3 with respect to any one day. (4) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be paid by the Secretary of the Treas- ury to the person entitled thereto, and shall, in the case of death or determination of death of the persons who are entitled, be paid only to or for the benefit of the persons specified, and in the order established, by subsection (d)(4) of this section. Page 1030 TITLE 50—WAR AND NATIONAL DEFENSE § 4106 (5) Each claim filed under this subsection must be filed not later than three years from whichever of the following dates last occurs: (A) June 24, 1970; (B) the date the prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or (C) the date upon which the Department of Defense makes a determination that the pris- oner of war has actually died or is presumed to be dead, in the case of any prisoner of war who has not returned to the jurisdiction of the Armed Forces of the United States. The Commission shall complete its determina- tions with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed. (6) Any claim allowed under the provisions of this subsection shall be paid from funds appro- priated pursuant to paragraph (7) of this sub- section. (7) There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including nec- essary administrative expenses. (g) Manner of payment Where any person entitled to payment under this section is under any legal disability, pay- ment may be made in accordance with the provi- sions of subsection (e) of section 4104 of this title. (July 3, 1948, ch. 826, title I, § 6, 62 Stat. 1244; Sept. 30, 1950, ch. 1116, 64 Stat. 1090; Apr. 9, 1952, ch. 167, § 1, 66 Stat. 47; Apr. 9, 1952, ch. 168, § 2, 66 Stat. 49; Aug. 21, 1954, ch. 784, § 2, 68 Stat. 761; Aug. 31, 1954, ch. 1162, title I, § 102(a)(1), 68 Stat. 1034; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107; Pub. L. 91–289, §§ 1, 2, June 24, 1970, 84 Stat. 323.) Editorial Notes CODIFICATION Section was formerly classified to section 2005 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1970—Subsec. (e)(1). Pub. L. 91–289, § 2(1), defined ‘‘prisoner of war’’ to include any person (military or ci- vilian) assigned to duty in the U.S.S. Pueblo who was captured by the military forces of North Korea on Jan- uary 23, 1968, and thereafter held prisoner by Govern- ment of North Korea for any period of time ending on or before December 23, 1968, and substituted ‘‘except any person’’ for ‘‘except any such member’’. Subsec. (e)(5)(D). Pub. L. 91–289, § 2(2), added subpar. (D). Subsecs. (f), (g). Pub. L. 91–289, § 1, added subsec. (f) and redesignated former subsec. (f) as (g). 1962—Subsecs. (b), (d)(3). 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. 1954—Subsecs. (c), (d)(4). Act Aug. 31, 1954, § 102(a), struck out ‘‘dependent’’ wherever appearing. Subsec. (e). Act Aug. 21, 1954, § 2(b), added subsec. (e). Subsec. (f). Act Apr. 9, 1952, ch. 168, added subsec. as a second subsec. (d) which was redesignated ‘‘(f)’’ by act Aug. 21, 1954, § 2(a). 1952—Subsec. (a). Act Apr. 9, 1952, ch. 167, inserted ‘‘subsection (b) of’’ after ‘‘As used in’’. Subsec. (c). Act Apr. 9, 1952, ch. 168, struck out ‘‘or to his legal or natural guardian if he has one’’ after ‘‘per- son entitled thereto’’. Subsec. (d). Act Apr. 9, 1952, ch. 167, added subsec. (d). Another subsec. (d), which was added by act Apr. 9, 1952, ch. 168, was redesignated ‘‘(f)’’. See 1954 Amend- ment note above. 1950—Subsec. (c)(4). Act Sept. 30, 1950, removed re- quirement of dependency upon which parents were enti- tled to benefits. 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. COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR MEDAL WHO DID NOT PREVIOUSLY RECEIVE COMPENSATION AS PRISONER OF WAR Pub. L. 104–201, div. A, title VI, § 656, Sept. 23, 1996, 110 Stat. 2584, provided that: ‘‘(a) AUTHORITY TO MAKE PAYMENTS.—The Secretary of the military department concerned shall make pay- ments in the manner provided in section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105] to (or on behalf of) any person described in sub- section (b) who submits an application for such pay- ment in accordance with subsection (d). ‘‘(b) ELIGIBLE PERSONS.—This section applies with re- spect to a member or former member of the Armed Forces who— ‘‘(1) has received the prisoner of war medal under section 1128 of title 10, United States Code; and ‘‘(2) has not previously received a payment under section 6 of the War Claims Act of 1948 (50 U.S.C. App. 2005) [now 50 U.S.C. 4105] with respect to the period of internment for which the person received the pris- oner of war medal. ‘‘(c) AMOUNT OF PAYMENT.—The amount of the pay- ment to any person under this section shall be deter- mined based upon the provisions of section 6 of the War Claims Act of 1948 [50 U.S.C. 4105] that are applicable with respect to the period of time during which the in- ternment occurred for which the person received the prisoner of war medal. ‘‘(d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLICA- TIONS.—A payment may be made by reason of this sec- tion only in the case of a person who submits an appli- cation to the Secretary concerned for such payment during the one-year period beginning on the date of the enactment of this Act [Sept. 23, 1996]. Any such applica- tion shall be submitted in such form and manner as the Secretary may require.’’ 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. § 4106. Religious organizations (a) Reimbursement for services furnished mem- bers of armed services and American civil- ians; certification of claims The Commission is authorized to receive, adju- dicate according to law, and provide for the pay- ment of any claim filed by any religious organi- zation functioning in the Philippine Islands and