50 U.S.C. § 4113: Detention benefits to…

Summary

Authorizes the Commission to accept and pay detention claims from certain U.S. merchant seamen who were captured, interned, or otherwise held by Germany or Imperial Japan after December 7, 1941. "Merchant seaman" means someone who worked as a seaman or crew member on U.S.-registered or friendly-nation ships and was a U.S. citizen on and after December 7, 1941, until death or claim filing, but not someone who already got benefits under section 4104 as a "civilian American citizen." Payments must follow the rates and rules in subsections (c) and (d) of section 4104 and allowed claims are sent to the Secretary of the Treasury for payment from the War Claims Fund (section 4110). No payment to anyone who voluntarily and knowingly aided enemy governments. Claims had to be filed within one year after August 31, 1954.

Title 50, §4113

War and National Defense, Source: USLM XML via OLRC

(a)“Merchant seaman” defined

As used in this section, the term “merchant seaman” means any individual who was employed as a seaman or crew member on any vessel 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 section; except any such individual who is entitled to, or who has received, benefits under section 4104 of this title as a “civilian American citizen”.

(b)Determination of claim; rate of payment

The Commission is authorized to receive and determine, according to law, the amount and validity, and provide for the payment of any claim for detention benefits filed by or on behalf of any merchant seaman who, being then a merchant seaman, was captured or interned or held by the Government of Germany or the Imperial Japanese Government, its agents or instrumentalities 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 prisoner, internee, hostage, or in any other capacity. Detention benefits shall be paid under this section at the rates prescribed and in the manner 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, voluntarily, 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 2015 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

1962—Pub. L. 87–846 made technical amendment to reference in original act which appears in text of subsecs. (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 Settlement 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