Contents
- (a) “Civilian American citizen” defined
- (b) Payment of detention benefits
- (c) Amount of detention benefits
- (d) Persons entitled to detention benefits
- (e) Certification of claims2 changes
- (f) Application of War Hazards Compensation Act; factors for determining benefits; effective date
- (g) Benefits for civilian internees in Korea, and dependents; time
- (h) Benefits for Guamanians killed or captured at Wake Island on or after December 7, 19411 change
- (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; appropriations2 changes
(i)
(1)As used in this subsection—
(A)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
(B)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.
(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, 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.
(3)The detention benefits allowed under paragraph (2) of this subsection shall be at the rate of $150 for each calendar month.
(4)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:
(A)the widow or husband if there is no child or children of the deceased;
(B)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;
(C)the child or children of the deceased in equal shares if there is no widow or dependent husband.
(5)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.
(6)Each claim filed under this section must be filed not later than three years from whichever of the following dates last occurs:
(A)June 24, 1970;
(B)the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or
(C)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.
(7)There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.
United States Government work; public domain under 17 U.S.C. § 105.