50 U.S.C. § 4113 — Detention benefits to merchant seamen

Page 1035 TITLE 50—WAR AND NATIONAL DEFENSE § 4113 to Title 5, Government Organization and Employees. See, also, section 4101 of this title and notes there- under. § 4111. Payments to certain members of religious orders In any case in which any money is payable as a result of the enactment of this subchapter to any person who is prevented from accepting such money by the rules, regulations, or cus- toms of the church or the religious order or or- ganization of which he is a member, such money shall be paid, upon the request of such person, to such church or to such religious order or organi- zation. (July 3, 1948, ch. 826, title I, § 14, 62 Stat. 1247; Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables. CODIFICATION Section was formerly classified to section 2013 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text as ref- erence to this subchapter. 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 of Commission and of members, officers, and employees thereof 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 Ap- pendix to Title 5, Government Organization and Em- ployees. See, also, section 4101 of this title and notes thereunder. § 4112. United States citizens serving in allied forces (a) Right to compensation The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim for compensation filed by or on behalf of any individual who, being then an American cit- izen, served in the military or naval forces of any government allied with the United States during World War II who was held as a prisoner of war for any period of time subsequent to De- cember 7, 1941, by any government of any nation with which such allied government has been at war subsequent to such date. Compensation shall be payable under this section in accord- ance with the standards established by, and at the rates prescribed in, subsection (b) of section 4105 of this title, and paragraphs (2) and (3) of subsection (d) of such section 4105. (b) Deductions The amount payable under this section shall be reduced by such sum as the individual enti- tled to compensation under this section has re- ceived or is entitled to receive from any govern- ment by reason of the same detention. (c) Payments on death In the event of death of the individual entitled to compensation under this section, payment may be made to the persons specified in para- graph (4) of subsection (d) of section 4105 of this title. (d) Filing date for claims Claims for benefits under this section must be filed within one year after August 31, 1954. (e) Certification of claim for payment Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. (July 3, 1948, ch. 826, title I, § 15, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 2014 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of sub- secs. (a) and (c) as reference to section 4105 of this title and in subsec. (e) 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. § 4113. Detention benefits to merchant seamen (a) ‘‘Merchant seaman’’ defined As used in this section, the term ‘‘merchant seaman’’ means any individual who was em- ployed as a seaman or crew member on any ves- sel registered under the laws of the United States, or under the laws of any government friendly to the United States during World War II, and who was a citizen of the United States on and after December 7, 1941, to the date of his death or the date of filing claim under this sec- tion; except any such individual who is entitled to, or who has received, benefits under section 4104 of this title as a ‘‘civilian American cit- izen’’. (b) Determination of claim; rate of payment The Commission is authorized to receive and determine, according to law, the amount and va- Page 1036 TITLE 50—WAR AND NATIONAL DEFENSE § 4114 lidity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a mer- chant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agents or instrumen- talities in World War II for any period of time subsequent to December 7, 1941, during which he was held by either such government as a pris- oner, internee, hostage, or in any other capac- ity. Detention benefits shall be paid under this section at the rates prescribed and in the man- ner provided in subsections (c) and (d) of section 4104 of this title. (c) Collaborationists excluded Payment of any claim filed under this section shall not be made to any merchant seaman, or to any survivor or survivors thereof, who, volun- tarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any government hostile to the United States during World War II. (d) Time of filing claim Claims for benefits under this section must be filed within one year after August 31, 1954. (e) Certification of claim for payment Any claim allowed under the provisions of this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 4110 of this title. (July 3, 1948, ch. 826, title I, § 16, as added Aug. 31, 1954, ch. 1162, title I, § 103, 68 Stat. 1034; amended Pub. L. 87–846, title I, § 102, Oct. 22, 1962, 76 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 2015 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of sub- secs. (a) and (b) as reference to section 4104 of this title and in subsec. (e) 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. § 4114. Philippines (a) Losses by individual from sequestered cred- its; loss by banks or other financial institu- tions (1) 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— (A) any individual who— (i) on or after December 7, 1941, was a member of the military or naval forces of the United States; (ii) is the survivor of any deceased indi- vidual described in subparagraph (i); (iii) was a national of the United States on December 7, 1941, and is a national of the United States on August 31, 1954; or (iv) is the survivor of any deceased indi- vidual who was a national of the United States on December 7, 1941, and would be a national of the United States on August 31, 1954, if living; or (B) any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on August 31, 1954, in individuals referred to in subparagraph (A) of this paragraph; for losses arising as a result of the sequestration of accounts, deposits, or other credits of such in- dividual or legal entity in the Philippines by the Imperial Japanese Government. (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 bank or other financial insti- tution doing business in the Philippines which reestablished sequestered accounts, deposits, or other credits of— (A) any individual referred to in subpara- graph (A) of paragraph (1) of this subsection; or (B) any partnership, firm, corporation, or other legal entity, in which more than 50 per centum of the ownership was vested, directly or indirectly, both on December 7, 1941, and on the date of reestablishment of such seques- tered credits, in individuals referred to in such subparagraph (A); for reimbursement of the amounts of such se- questered credits paid by such bank or financial institution. (b) Filing date for claims Claims must be filed under this section within one year after August 31, 1954. (c) Death or legal disability as affecting pay- ments Where any individual entitled to payment under this section is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of section 4104 of this title. In the case of the death of any indi- vidual entitled to payment of any claim under this section, payment of such claim shall be made to the individuals specified, and in the order provided, in subsection (d) of section 4105 of this title; except that no payment shall be made under this section to any individual who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any man- ner served any government hostile to the United States during World War II. (d) Certification of claims for payment Each claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund estab- lished under section 4110 of this title. The Sec- retary of the Treasury shall pay such claims as follows: (1) In the case of each claim allowed in an amount equal to or less than $500, such claim shall be paid in full; and