50 U.S.C. § 4104 — Internees
submitted 78 years ago by ch. 826 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 2,903 words · no verdicts yet
This section provides detention and injury or death benefits for defined civilian American citizens held by, or hiding from, hostile forces in World War II, Korea, and Southeast Asia. It sets eligibility, benefit amounts, beneficiaries, claim procedures, offsets, and appropriations.
(a) “Civilian American citizen” defined. For subsections (b) and (f), “civilian American citizen” means a person who was a United States citizen when the person was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway, Guam, Wake Island, the Philippine Islands, or any United States territory or possession that government attacked or invaded, or while traveling to or from any of those places. It also means a person who hid at any of those places to avoid capture or internment by that government. This does not include a person who voluntarily gave aid to, collaborated with, or served that government at any time. It also does not include a person who, when captured or when entering hiding, was a regularly appointed, enrolled, enlisted, or inducted member of a military or naval force.
(b) Payment of detention benefits. The Commission may receive, decide according to law, and arrange payment of any claim filed by, or for, a civilian American citizen for detention benefits for any time after December 6, 1941, when the person 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 that government.
(c) Amount of detention benefits. The benefit is $60 for each calendar month during which the person was at least 18 years old. It is $25 for each calendar month during which the person was under 18.
(d) Persons entitled to detention benefits. The benefit goes to the person entitled to it. If that person has died, it goes only to the following people: (1) the widow or husband, if the deceased left no child; (2) the widow or husband and the deceased’s child or children, with one-half going to the widow or husband and the other half divided equally among the children; (3) the child or children, divided equally, if there is no widow or husband; or (4) the parents, divided equally, if there is no husband or child.
(e) Certification of claims. Except for claims under subsections (g) and (i), the Commission must certify an allowed claim to the Secretary of the Treasury for payment from the war claims funds established by section 4110 of this title. The Secretary of the Treasury must pay it to the person entitled to it. If that person has a legal disability, the Commission may, for the claimant’s use, pay any part of the amount to the claimant’s natural or legal guardian, committee, conservator, or curator. If there is no such person, the Commission may pay another person—including the claimant’s spouse—whom the Commission determines cares for the claimant or the claimant’s estate, for the claimant’s or estate’s use and benefit. If that person is a minor, the Commission may pay any part of the amount directly to the minor.
(f) Application of War Hazards Compensation Act; factors for determining benefits; effective date. (1) Except as this subsection provides otherwise, 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 December 2, 1942, as amended, apply to injury, disability, or death resulting from injury that happened to a civilian American citizen while the person was held by or hiding from the Imperial Japanese Government. They apply to the same extent as if the person were an employee covered by that Act.
(2) For determining those benefits: (A) the person’s average weekly wage is treated as $37.50, whether the person was employed, self-employed, or unemployed; (B) the Act applies whether or not the person was employed; (C) notice of injury or death is not required, and filing deadlines for injury, disability, or death claims do not begin until July 3, 1948; and (D) in a partial-disability case, monthly compensation is based on the percentage that the partial disability bears to total disability, not on the extent of lost wage-earning capacity.
(3) These provisions of the amended December 2, 1942 Act do not apply: the last sentence of section 101(a), sections 101(b) and 101(d), section 104, and section 105.
(4) A right or benefit that this subsection determines by referring to another law is determined under that law as it was in force on January 3, 1948.
(5) Money benefits for disability or death are paid only to the person entitled to them, or to that person’s legal or natural guardian if there is one. When that person dies, the benefits do not continue for the person’s estate or anyone else.
(6) At the Secretary of Labor’s discretion, the benefit of a minor or incompetent person who has no natural or legal guardian may be paid, in whole or in part as the Secretary decides, directly to the person or institution caring for, supporting, or having custody of that minor or incompetent person.
(7) No person other than a widow or child may receive both disability benefits for that person and death benefits because of another person’s death.
(8) If a civilian American citizen or the person’s dependent receives or has received from the United States, or from the employer, wages, payments instead of wages, support, compensation, or workers’ compensation for the same injury or death, benefits under this section are reduced by those payments. Injury or disability benefits are reduced by payments to the injured person for the same injury or disability. Death benefits are reduced by payments to the deceased civilian American citizen’s dependents for the same death.
(9) This subsection takes effect on December 7, 1941. The right to benefits is treated as having begun to accrue on that date, as though this subsection had been in effect then.
(10) This subsection provides no injury, disability, or death benefit to a person who, without this subsection, is entitled to or has received the same benefit under the amended December 2, 1942 Act.
(11) This subsection provides no benefit to a person who has been paid, or is entitled to be paid, under the Federal Employees’ Compensation Act or an extension of that Act because a United States employee suffered disability or death after capture, detention, or other restraint by an enemy of the United States, when the disability or death is treated under that Act as resulting from an injury suffered in the performance of duty under the specified July 28, 1945 Act provision.
(g) Benefits for civilian internees in Korea, and dependents; time. (1) In this subsection, “civilian American citizens” means people who were United States citizens when captured in Korea on or after June 25, 1950, by a hostile force with which the United States Armed Forces actually engaged in armed conflict after that date and before August 21, 1954. It also means people who hid in Korea to avoid capture or internment by such a hostile force. This does not include a person who voluntarily, knowingly, and without duress aided, collaborated with, or served such a hostile force at any time. It also does not include a regularly appointed, enrolled, enlisted, or inducted member of the United States Armed Forces.
(2) The Commission may receive and decide according to law the amount and validity of, and arrange payment of, a claim filed by or for a civilian American citizen for detention benefits for any time after June 25, 1950, when the person was held by such a hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by such a hostile force.
(3) The benefit is $60 for each calendar month during which the person was at least 18 years old, and $25 for each calendar month during which the person was under 18.
(4) The benefit goes to the person entitled to it. If that person has died, it goes only to: (A) the widow or husband, if there is no child; (B) the widow or dependent husband and the deceased’s child or children, with one-half to the widow or dependent husband and the other half divided equally among the children; or (C) the child or children, divided equally, if there is no widow or dependent husband.
(5) The Commission must certify an allowed claim to the Secretary of the Treasury for payment from funds appropriated under this subsection. The Secretary must pay it to the person entitled to it. If that person has a legal disability, payment may be made under subsection (e).
(6) A claim must be filed within one year after whichever of these dates occurs last: (A) August 21, 1954; (B) the date the civilian American citizen returned to United States jurisdiction; or (C) for a person who did not return, the date the Commission, at a potentially eligible survivor’s request, determines that the person actually died or may be presumed dead. The Commission must decide each claim as soon as practicable and no later than one year after it was filed.
(7) (A) Congress may appropriate whatever amounts are necessary to carry out this subsection, including administrative expenses. (B) From time to time, the Commission must determine the share of its administrative expenses attributable to its work under this subsection and make the proper accounting adjustments. Those determinations and adjustments are final and conclusive.
(h) Benefits for Guamanians killed or captured at Wake Island on or after December 7, 1941. A Guamanian killed or captured by the Imperial Japanese Government at Wake Island on or after December 7, 1941, receives benefits under subsections (a) through (f) in the same manner and to the same extent as a civilian American citizen killed or captured there. A claim for benefits under subsections (a) through (e) must be filed within six months after August 31, 1962. For a person entitled to benefits only because of this subsection, the time limit under subsection (f) does not begin until August 31, 1962. The previous sentence does not affect the person’s right to benefits for any period before August 31, 1962.
(i) Detention benefits for civilian internees in Southeast Asia; definitions; authority of Commission; claim for benefits; rate of compensation; persons entitled to payments; certification for payment; filing date; determination of claims; appropriations. (1) In this subsection, “Vietnam conflict” means the period beginning February 28, 1961, and ending on a date later set by Presidential proclamation or concurrent resolution of Congress. “Civilian American citizen” means a person who was a United States citizen when captured in Southeast Asia during the Vietnam conflict by a force hostile to the United States, or who hid in Southeast Asia to avoid capture or internment by such a hostile force. It excludes a person who voluntarily, knowingly, and without duress aided, collaborated with, or served such a hostile force, and a regularly appointed, enrolled, enlisted, or inducted member of the United States Armed Forces.
(2) The Commission may receive and decide according to law the amount and validity of, and arrange payment of, a claim filed by or for a civilian American citizen for detention benefits for any time after February 27, 1961, when the person was held by such a hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid capture or internment by such a hostile force.
(3) The benefit is $150 for each calendar month.
(4) The benefit goes to the civilian American citizen entitled to it. If that person has died, it goes only to: (A) the widow or husband, if there is no child; (B) the widow or dependent husband and the deceased’s child or children, with one-half to the widow or dependent husband and the other half divided equally among the children; or (C) the child or children, divided equally, if there is no widow or dependent husband.
(5) The Commission must certify an allowed claim to the Secretary of the Treasury for payment from funds appropriated under this subsection. The claim must be paid to the person entitled to it. If that person has a legal disability, payment must be made under subsection (e).
(6) A claim under this section must be filed within three years after whichever of these dates occurs last: (A) June 24, 1970; (B) the date the civilian American citizen returned to United States jurisdiction; or (C) for a person who did not return, the date the Commission, at a potentially eligible survivor’s request, determines that the person actually died or may be presumed dead. The Commission must decide each claim as soon as practicable and no later than one year after it was filed.
(7) Congress may appropriate whatever amounts are necessary to carry out this subsection, including administrative expenses.
As used in subsections (b) and (f) of this section, 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 Philippine 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 entrance into hiding was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.
The Commission is authorized to receive, adjudicate according to law, and provide for the payment 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.
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 calendar month during which such person was less than eighteen years of age.
The detention benefits allowed under subsection (b) shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:
Widow or husband if there is no child or children of the deceased;
Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children in equal shares;
Child or children of the deceased (in equal shares) if there is no widow or husband; and
Parents (in equal shares) if there is no husband, or child.
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 claimant, to the natural or legal guardian, committee, conservator, or curator of the claimant, or, if there is no such guardian, committee, conservator, 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.
Except as otherwise provided in this subsection, 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 December 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 resulting 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.
For the purpose of determining the benefits extended and made applicable by paragraph (1)—
the average weekly wage of any such civilian American citizen, whether employed, self-employed, or not employed, shall be deemed to have been $37.50;
the provisions of such Act [42 U.S.C. 1701 et seq.],1 shall be applicable whether or not any such civilian American citizen was employed;
notice of injury or death shall not be required; and limitation provisions with respect to the filing of claims for injury, disability, or death shall not begin to run until July 3, 1948; and
the monthly compensation in cases involving partial disability shall be determined by the percentage the degree of partial disability bears to total disability and shall not be determined with respect to the extent of loss of wage earning capacity.
The following provisions of such Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.], shall not apply in the case of such civilian American citizens: The last sentence of section 101(a), section 101(b), section 101(d) [42 U.S.C. 1701(a), (b), (d)], section 104 [42 U.S.C. 1704], and section 105 [42 U.S.C. 1705].
Rights or benefits which, under this subsection, are to be determined with reference to other provisions of law shall be determined with reference to such provisions of law as in force on January 3, 1948.
The money benefit for disability or death shall be paid only to the person entitled thereto, or to his legal or natural guardian if he has one, and shall not upon death of the person so entitled survive for the benefit of his estate or any other person.
The benefit of a minor or of an incompetent person who has no natural or legal guardian may, in the discretion of the Secretary of Labor, be paid, in whole or in such part as he may determine for and on behalf of such minor or incompetent directly to the person or institution caring for, supporting, or having custody of such minor or incompetent.
No person, except a widow or a child, shall be entitled to benefits for disability with respect to himself, and to death benefits on account of the death of another.
If a civilian American citizen or his dependent receives or has received from the United States any payments on account of the same injury or death, or from his employer, in the form of wages, or payments in lieu of wages, or in any form of support or compensation (including workmen’s compensation) in respect to the same objects, the benefits under this section shall be diminished by the amount of such payments in the following manner: (A) Benefits on account of injury or disability shall be reduced by the amount of payments to the injured person on account of the same injury or disability; and (B) benefits on account of death shall be reduced by the amount of payments to the dependents of the deceased civilian American citizen on account of the same death.
This subsection shall take effect as of December 7, 1941, and the right of individuals to benefits shall be held to have begun to accrue as though this subsection had been in effect as of such date.
No benefits provided by this subsection for injury, disability, or death shall accrue to any person who, without regard to this subsection, is entitled to or has received benefits for the same injury, disability, or death under such Act of December 2, 1942, as amended [42 U.S.C. 1701 et seq.].
No benefits provided by this subsection shall accrue to any person to whom benefits have been paid, or are payable, under the Federal Employees’ Compensation Act, or any extension thereof, by reason of disability or death of an employee of the United States suffered after capture, detention, or other restraint by an enemy of the United States, when such disability or death is deemed, in the administration of the Federal Employees’ Compensation Act to have resulted from injury occurring while in the performance of duty, under subsection (b) of section 5 of the Act entitled “An Act to amend the Act entitled ‘An Act to provide compensation 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, as amended.
As used in this subsection, the term “civilian American citizens” means any person who, being then a citizen of the United States, was captured in Korea on or after June 25, 1950, by any hostile force with which the Armed Forces of the United States were actually engaged in armed conflict subsequent to such date and prior to August 21, 1954, or who went into hiding in Korea in order to avoid capture or internment by any such hostile force; except (A) a person who at any time voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (B) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.
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, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to June 25, 1950, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by any such hostile force.
The detention benefit allowed to any person under the provisions of paragraph (2) of this subsection 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 calendar month during which such person was less than eighteen years of age.
The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:
widow or husband if there is no child or children of the deceased;
widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;
child or children of the deceased (in equal shares) if there is no widow or dependent husband.
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 Treasury to the person entitled thereto, except that where any person entitled to payment under this subsection is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of this section.
Each claim filed under this subsection must be filed not later than one year from whichever of the following dates last occurs:
August 21, 1954;
The date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or
The date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.
The Commission shall complete its determinations 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.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
The Commission shall determine, from time to time, the share of its administrative expenses attributable to the performance of its functions under this subsection and make the appropriate adjustments in its accounts, and determinations and adjustments made pursuant to this subparagraph shall be final and conclusive.
In the case of any Guamanian killed or captured by the Imperial Japanese Government on or after December 7, 1941, at Wake Island, benefits shall be granted under subsections (a) through (f) of this section in the same manner and to the same extent as apply in the case of civilian American citizens so killed or captured. Claims for benefits under subsections (a) through (e) of this section must be filed within six months after August 31, 1962, and the time limitation applicable to any individual by subsection (f) shall not begin to run until August 31, 1962, with respect to any individual who is entitled to such benefits solely by reason of this subsection. The preceding sentence shall not be construed to affect the right of any individual to receive such benefits with respect to any period prior to August 31, 1962.
As used in this subsection—
the term “Vietnam conflict” relates to the period beginning on February 28, 1961, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress; and
the term “civilian American citizen” means any person who, being then a citizen of the United States, was captured in Southeast Asia during the Vietnam conflict by any force hostile to the United States, or who went into hiding in Southeast Asia, in order to avoid capture or internment by any such hostile force, except (i) a person who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (ii) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.
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, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to February 27, 1961, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid capture or internment by any such hostile force.
The detention benefits allowed under paragraph (2) of this subsection shall be at the rate of $150 for each calendar month.
The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the civilian American citizen entitled thereto, or, in the event of his death, only to the following persons:
the widow or husband if there is no child or children of the deceased;
the widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;
the child or children of the deceased in equal shares if there is no widow or dependent husband.
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 to the person entitled thereto, except that if a person entitled to payment under this section is under any legal disability, payment shall be made in accordance with the provisions of subsection (e) of this section.
Each claim filed under this section must be filed not later than three years from whichever of the following dates last occurs:
June 24, 1970;
the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or
the date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.
The Commission shall complete its determinations for each claim filed under this subsection at the earliest practicable date, but not later than one year after the date on which such claim was filed.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
Source credit: (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.)
- 1948Enacted · Act of July 3, 1948, ch. 826 · 62 Stat. 1242
- 1952Amended · Act of Apr. 9, 1952, ch. 168 · 66 Stat. 49
- 1954Amended · Act of Aug. 21, 1954, ch. 784 · 68 Stat. 759
- 1954Amended · Act of Aug. 31, 1954, ch. 1162 · 68 Stat. 1033, 1034
- 1962Amended · Pub. L. 87-617 · 76 Stat. 413
- 1962Amended · Pub. L. 87-846 · 76 Stat. 1107
- 1970Amended · Pub. L. 91-289 · 84 Stat. 324
- 1976Amended · Pub. L. 94-383 · 90 Stat. 1122
A history note hasn’t been published yet. The record shows enactment by ch. 826 on 1948-07-03.
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