50 U.S.C. § 4105 — Prisoners of war
submitted 78 years ago by ch. 826 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 2,613 words · no verdicts yet
The Commission may pay specified claims by United States prisoners of war for inadequate food, labor-related violations, and inhumane treatment. Separate rules set payment rates, eligible survivors, deadlines, and funding for World War II, Korean War, and Vietnam-conflict claims.
(a) "Prisoner of war" means a regularly appointed, enrolled, enlisted, or inducted member of the United States military or naval forces who was held as a prisoner of war at any time after December 7, 1941, by a government of a nation with which the United States later fought a war.
(b) The Commission may receive and decide according to law a claim by such a prisoner for compensation when the enemy government or its agents failed to provide the food quantity or quality required by the Geneva Convention of July 27, 1929. The payment is $1 for each day on which that failure occurred. An allowed claim must be certified to the Secretary of the Treasury for payment from the War Claims Fund established by section 4110.
(c) The payment goes to the person entitled to it. If that person dies, payment may go only to or for the benefit of: (1) the widow or husband, if there are no children; (2) the widow or husband and children, with one-half to the spouse and the other half divided equally among the children; (3) the children equally, if there is no spouse; or (4) the parents equally, if there is no spouse or child.
(d)(1) Here, "prisoner of war" has the same military-membership and post-December-7-1941 meaning stated in subsection (a). (2) The Commission may decide and pay claims for compensation (A) for the enemy government’s or its agents’ violations of its obligations under title III, section III, of the 1929 Geneva Convention concerning prisoner labor, or (B) for inhumane treatment by that government or its agents. "Inhumane treatment" includes, but is not limited to, violating one or more of articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, and 57 of that Convention. (3) The rate is $1.50 for each day for which the claimant alleges and proves, in a way acceptable to the Commission, one of those violations or inhumane treatment. The claim must be certified for payment from the War Claims Fund. Payment may never exceed $1.50 for any one day. (4) Payment goes to the person entitled or that person’s legal or natural guardian. If the person dies, payment may go only to or for the benefit of: (A) the widow or husband if there is no child; (B) the widow or husband and children, divided one-half and one-half as described in subsection (c)(2); (C) the children equally if there is no spouse; or (D) the parents equally if there is no spouse or child.
(e) Korean War prisoners. (1) Here, "prisoner of war" means a regularly appointed, enrolled, enlisted, or inducted Armed Forces member held after June 25, 1950, by a hostile force with which United States forces were actually in armed conflict after that date and before August 21, 1954. It also includes a military or civilian person assigned to the U.S.S. Pueblo, captured by North Korean military forces on January 23, 1968, and held by North Korea through a date no later than December 23, 1968. It excludes anyone who knowingly and voluntarily, without duress, aided, collaborated with, or served such a force. (2) The Commission may decide and pay a claim for failure to provide the food quantity or quality required by the 1929 Geneva Convention. The rate is $1 for each day of that failure. (3) The Commission may decide and pay a claim (A) for failure to meet the 1929 Convention’s labor conditions and requirements, or (B) for inhumane treatment. "Inhumane treatment" includes, but is not limited to, failure to meet one or more requirements in articles 2, 3, 7, 10, 12, 13, 21, 22, 54, 56, and 57. The rate is $1.50 for each day for which the claimant proves the violation or treatment in a way acceptable to the Commission, and payment may not exceed $1.50 for any day. (4) An allowed claim must be certified to the Secretary of the Treasury and paid from funds appropriated under this subsection. If the entitled person dies or is determined to have died, payment may go only to the people listed, in the order, in subsection (d)(4). (5) A claim must be filed within one year after the latest of: (A) August 21, 1954; (B) the date the prisoner returned to Armed Forces jurisdiction; (C) the date the Department of Defense determines the prisoner actually died or is presumed dead, if the prisoner did not return; or (D) for a U.S.S. Pueblo person, one year after June 24, 1970. The Commission must decide each claim as soon as practicable and no later than one year after filing. (6) An allowed claim is paid from funds appropriated under paragraph (7). (7)(A) Congress may appropriate amounts needed for this subsection, including administrative expenses. (B) The Commission must periodically determine the share of its administrative expenses attributable to this subsection and adjust its accounts accordingly. Those determinations and adjustments are final and conclusive.
(f) Vietnam conflict. (1)(A) "Vietnam conflict" means the period beginning February 28, 1961, and ending on a date later set by Presidential proclamation or concurrent congressional resolution. (B) "Prisoner of war" means a regularly appointed, enrolled, enlisted, or inducted Armed Forces member held during that conflict by a force hostile to the United States. It excludes a member who knowingly and voluntarily, without duress, aided, collaborated with, or served that force. (2) The Commission may decide and pay a claim for failure to provide food required by the Geneva Convention of August 12, 1949. The rate is $2 for each day of that failure. (3) The Commission may decide and pay a claim (A) for failure to meet chapter VIII, section III, of that Convention concerning prisoner labor, or (B) for inhumane treatment. "Inhumane treatment" includes, but is not limited to, failure to meet one or more requirements in 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, and 98. The rate is $3 for each day for which the claimant proves the labor violation or treatment in a way acceptable to the Commission, and payment may not exceed $3 for any day. (4) 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 the entitled person, or, after death or a determination of death, only the people listed in the order in subsection (d)(4). (5) A claim must be filed within three years after the latest of: (A) June 24, 1970; (B) the prisoner’s return to Armed Forces jurisdiction; or (C) the Department of Defense’s determination that a prisoner who did not return actually died or is presumed dead. The Commission must decide each claim as soon as practicable and no later than one year after filing. (6) Allowed claims are paid from funds appropriated under paragraph (7). (7) Congress may appropriate amounts needed for this subsection, including administrative expenses.
(g) If a person entitled to payment under this section has a legal disability, payment may be made under section 4104(e).
As used in subsection (b) of this section, the term “prisoner of war” means any regularly appointed, 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.
The Commission is authorized to receive, adjudicate according to law, and provide for the payment 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 government or its agents failed to furnish him such quantity or quality of food. 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.
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 payable only to or for the benefit of 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 of the deceased 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 widow, husband, or child.
As used in this subsection the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the military 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 government of any nation with which the United States has been at war subsequent to such date.
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—
for the violations by the enemy government by which he was held as a prisoner of war, or its agents, of such government’s obligations under title III, section III, of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war; or
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 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 subsection at the rate of $1.50 per day for each day he was held as a prisoner of war on which he alleges and proves in a manner acceptable to the Commission—
the violation by such enemy government or its agents of the provisions of title III, section III, of the Geneva Convention of July 27, 1929; or
any inhumane treatment as defined herein.
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.
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 entitled be payable only to or for the benefit of 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 of the deceased 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 widow, husband, or child.
As used in this subsection the term “prisoner of war” means any regularly appointed, enrolled, 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 subsequent to 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 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 Government of North Korea for any period of time ending on or before December 23, 1968, except any 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.
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 compensation 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 hostile force, or its agents, failed to furnish him such quantity or quality of food.
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 compensation—
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 requirements prescribed under title III, section III, of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war; or
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 per day for each day on which he was held as a prisoner of war and with respect to which he alleges 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 subparagraph (B). In no event shall the compensation allowed to any prisoner of war under this paragraph exceed the sum of $1.50 with respect to any one day.
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, 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.
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 prisoner of war by whom the claim is filed returned to the jurisdiction of the Armed Forces of the United States; or
The date upon which the Department of Defense makes a determination that the prisoner 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;
In the case of any person assigned to duty in the U.S.S. Pueblo referred to in paragraph (1) of this subsection, one year after June 24, 1970.
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.
Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.
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.
As used in this subsection—
the term “Vietnam conflict” relates to the period beginning 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 “prisoner of war” means any regularly appointed, enrolled, 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 during the Vietnam conflict by any force hostile to the United States, except any such member who, at any time, voluntarily, knowingly, and without duress, gave aid to or collaborated with, or in any manner served, such hostile force.
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 compensation 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 hostile force, or its agents, failed to furnish him such quantity or quality of food.
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 compensation—
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 requirements prescribed under chapter VIII, section III, of the Geneva Convention of August 12, 1949, relating to labor of prisoners of war; or
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 Geneva 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 prisoner of war and with respect to which he alleges and proves in a manner acceptable to the Commission the failure to meet the conditions and requirements described in subparagraph (A) of this paragraph or the inhumane treatment described 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.
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, 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.
Each claim filed under this subsection must be filed not later than three years from whichever of the following dates last occurs:
June 24, 1970;
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
the date upon which the Department of Defense makes a determination that the prisoner 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 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.
Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.
There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
Where any person 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.
Source credit: (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.)
- 1948Enacted · Act of July 3, 1948, ch. 826 · 62 Stat. 1244
- 1950Amended · Act of Sept. 30, 1950, ch. 1116 · 64 Stat. 1090
- 1952Amended · Act of Apr. 9, 1952, ch. 167 · 66 Stat. 47
- 1952Amended · Act of Apr. 9, 1952, ch. 168 · 66 Stat. 49
- 1954Amended · Act of Aug. 21, 1954, ch. 784 · 68 Stat. 761
- 1954Amended · Act of Aug. 31, 1954, ch. 1162 · 68 Stat. 1034
- 1962Amended · Pub. L. 87-846 · 76 Stat. 1107
- 1970Amended · Pub. L. 91-289 · 84 Stat. 323
A history note hasn’t been published yet. The record shows enactment by ch. 826 on 1948-07-03.
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