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preference as set forth under sections 5(i)(4) and 6(d)(4) of the act.

§ 506.3 Definitions applicable under the Act.

(a) Widow. A "widow" is the surviving female spouse of a deceased prisoner of war or a deceased civilian American citizen who was married to the deceased at the time of his death by a marriage valid under the applicable law of the place where entered into.

(b) Husband. A “husband" is the surviving male spouse of a deceased prisoner of war or of a deceased civilian American citizen who was married to the deceased at the time of her death by a marriage valid under the applicable law of the place entered into.

(c) Child. (1) A "child" is a natural or adopted son or daughter of a deceased prisoner of war or a deceased civilian American citizen, including any posthumous son or daughter of such deceased person.

(2) Any son or daughter of such deceased person born out of wedlock will be deemed to be a child of such deceased for the purpose of this act, if, (i) legitimated by a subsequent marriage of the parents, (ii) recognized as a child of the deceased by his or her admission, or (iii) so declared by an order or decree of any court of competent jurisdiction.

(d) Parent. (1)(i) A “parent” is the natural or adoptive father or mother of a deceased prisoner of war, or any person standing in loco parentis to such deceased person, for a period of not less than 1 year immediately preceding the date of his entry into active service and during at least 1 year of his minority. Not more than one mother and/or father as defined shall be recognized in any case. A person will not be recognized as standing in loco parentis if the natural parents or adoptive parents are living, unless there is affirmative evidence of abandonment and renunciation of parental duties and obligations by the natural or adoptive parent or parents prior to entry into active service by the deceased prisoner of war; (ii) an award in the full amount allowable had the deceased prisoner of war survived may

be made to only one parent when it is shown that the other parent has died or if there is affirmative evidence of abandonment and renunciation of parental duties and obligations by the other parent.

(2) The father of an illegitimate child will not be recognized as such for purpose of the act unless evidence establishes that (i) he has legitimated the child by subsequent marriage with the mother; (ii) recognized the child as his by written admission prior to enlistment of the deceased in the armed forces or entry into an overseas duty status; or (iii) prior to death of the child he has been declared by decree of a court of competent jurisdiction to be the father.

(e) Natural guardian. The father and mother shall be deemed to be the natural guardians of the person of their minor children. If either dies or is incapable of action, the natural guardianship of the person shall devolve upon the other. In the event of death or incapacity of both parents, then such blood relative, paternal or maternal, standing in loco parentis to the minor shall be deemed the natural guardian.

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§ 507.2 Other definitions.

(a) Citizen of the United States. A "citizen of the United States" means a person who under applicable law acquired citizenship of the United States by birth, by naturalization, or by derivation.

(b) Force hostile to the United States. A "force hostile to the United States" means any organization or force in Southeast Asia, or any agent or employee thereof, engaged in any military or civil activities designed to further the prosecution of its armed conflict against the Armed Forces of the United States during the Vietnam conflict.

(c) Went into hiding. The term "went into hiding" means the action taken by a civilian American citizen when he initiated a course of conduct consistent with an intention to evade capture or detention by a hostile force in Southeast Asia.

(d) Southeast Asia. The term "Southeast Asia" means but is not necessarily restricted to, the areas of North and South Vietnam, Laos, and Cambodia.

(e) Calendar month. The term "calendar month" means the period of time between a designated day of any given month and the date preceding a similarly designated day of the following month.

(f) Dependent husband. The term "dependent husband" means the surviving male spouse of a deceased civilian American citizen who was married to the deceased at the time of her death by a marriage valid under the applicable law of the place where entered into.

§ 507.3 Rate of benefits payable.

Detention benefits awarded to a civilian American citizen will be paid at the rate of $60 for each calendar month of internment or during the period such civilian American citizen went into hiding to avoid capture and internment by a hostile force. Awards shall take account of fractional parts of a calendar month.

§ 507.4 Survivors entitled to award of detention benefits.

In case of death of a civilian American citizen who would have been entitled to detention benefits under the War Claims Act of 1948, as amended, such benefits shall be awarded if claim is made only to the following persons: (a) Widow or husband if there is no child or children of the deceased; (b) widow or dependent husband and child or children of the deceased, onehalf 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, if otherwise qualified.

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The term "Vietnam conflict" relates to the period beginning February 28, 1961, and ending on a date to be determined by Presidential proclamation or concurrent resolution of the Congress. § 507.11

"Prisoner of war" defined.

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 by any force hostile to the United States for any period of time during the Vietnam conflict.

§ 507.12 Membership in the Armed Forces of the United States, establishment of. Regular appointment, enrollment, enlistment or induction in the Armed Forces of the United States shall be established by certification of the Department of Defense.

§ 507.13 "Armed Forces of the United States" defined.

The term "Armed Forces of the United States" means the United States Air Force, Army, Navy, Marine Corps and Coast Guard, commissioned officers of the U.S. Public Health Service who were detailed for active duty with the Armed Forces of the United States.

§ 507.14 "Force hostile to the United States" defined.

The term "force hostile to the United States" means any organization or force in Southeast Asia, or any agent or employee thereof, engaged in any military or civil activities designed

to further the prosecution of its armed conflict against the Armed Forces of the United States during the Vietnam conflict.

§ 507.15 Geneva Convention of August 12, 1949.

The Geneva Convention of August 12, 1949, as contained under section 6(f) of the War Claims Act of 1948, as amended, is the "Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949" which is included under the "Geneva Conventions of August 12, 1949 For the Protection of War Victims", entered into by the United States and other governments, including the Government in North Vietnam which acceded to it on June 28, 1957.

§ 507.16

Failure to meet the conditions and requirements prescribed under the Geneva Convention of August 12, 1949. For the purpose of this part obligations under the Geneva Convention of August 12, 1949, is the responsibility assumed by the contracting parties thereto with respect to prisoners of war within the meaning of the Convention, to comply with and to fully observe the provisions of the Convention, and particularly those articles relating to food rations of prisoners of war, humane treatment, protection, and labor of prisoners of war, and the failure to abide by the conditions and requirements established in such Convention by any hostile force with which the Armed Forces of the United States were engaged in armed conflict.

§ 507.17 Rate of and basis for award of compensation.

(a) Compensation allowed a prisoner of war during the Vietnam conflict under section 6(f)(2) of the War Claims Act of 1948, as amended, will be paid at the rate of $2 per day for each day he was held as a prisoner of war on which the hostile force, or its agents, failed to furnish him the quantity and quality of food prescribed for prisoners of war under the Geneva Convention of August 12, 1949.

(b) Compensation allowed a prisoner of war during the Vietnam conflict under section 6(f)(3) of the Act, will be paid at the rate of $3 per day for each day he was held as a prisoner of war on which the hostile force failed to meet the conditions and requirements under the provisions 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.

(c) Compensation under paragraphs (a) and (b) of this section will be paid to the prisoners of war or a qualified applicant on a lump-sum basis at a total rate of $5 per day for each day the prisoner of war was entitled to compensation.

§ 507.18 Entitlement of survivors to award in case of death of prisoner of war. In case of death of a prisoner of war who would have been entitled to an award of compensation under section 6(f) (2) and (3) of the War Claims Act of 1948, as amended, such compensation shall be awarded to, and if claim is made, only to the following persons: (a) Widow or husband if there is no child or children of the deceased; (b) 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; (c) child or children of the deceased (in equal shares) if there is no widow or husband; and (d) parents (in equal shares) if there is no widow, husband, or child.

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Subpart C-Persons Captured While Assigned to Duty on Board the U.S.S. Pueblo

§ 507.25 Persons eligible for compensation as a prisoner of war.

The term "prisoner of war" as it relates to claims under section 6(e) of the War Claims Act of 1948, as amended under Pub. L. 91-289 [84 Stat. 323], applies to any person (military or civilian) assigned to duty on board 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. Such persons are entitled to receive compensation to the same extent as prisoners of war under the provisions of section 6(e) of the Act.

§ 507.26 Persons assigned to duty on board the U.S.S. Pueblo.

Persons assigned to duty on board the U.S.S. Pueblo at the time of its capture by the Government of North Korea shall be established by certification of the appropriate agency of the U.S. Government.

§ 507.27 Geneva Convention of July 27, 1929.

The Geneva Convention of July 27, 1929 is the "Convention of July 27, 1929, Relative to The Treatment of Prisoners of War" entered into between the United States and other powers at Geneva, Switzerland, on July 27, 1929, to the observance of which the United States, among other signatory powers, subsequently became bound.

§ 507.28 Rate and basis for award of compensation.

(a) Compensation allowed a prisoner of war under sections 6(e)(2) of the War Claims Act of 1938, as amended will be paid at the rate of $1 per day for each day he was held as a prisoner of war on which the hostile force by which he was held as a prisoner of war, or its agents, failed to furnish him such quantity or quality of food in accordance with the standards prescribed for prisoners of war under the

terms of the Geneva Convention of July 27, 1929.

(b) Compensation allowed a prisoner of war under the terms of section 6 (e)(3) of the Act, will be paid at the rate of $1.50 for each day the hostile force by which he was held as a prisoner of war, or its agents, failed to meet the conditions and requirements of the Geneva Convention of July 27, 1929, relating to labor of prisoners of war and for inhumane treatment by the hostile force by which he was held.

(c) Compensation under paragraphs (a) and (b) of this section will be paid to the prisoner of war or a qualified applicant on a lump-sum basis at a total rate of $2.50 per day for each day the prisoner of war was determined eligible to receive compensation.

§ 507.29 "Hostile force" defined.

The term "hostile force" as used under section 6(e) as amended, relating to claims of persons who were captured and held prisoners while assigned to duty on board the U.S.S. Pueblo, means the Government of North Korea, or its agents.

§ 507.30 Survivors entitled to award of compensation.

In case of death of any person who was captured and held as a prisoner while assigned to duty on board the U.S.S. Pueblo and who would have been entitled to an award of compensation under sections 6(e) (2) and (3) of the War Claims Act of 1948, as amended, such compensation shall be awarded to, and if claim is made only to, the following persons: (a) Widow or husband if there is no child or children of the deceased; (b) 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; (c) child or children of the deceased (in equal shares) if there is no widow or husband; and (d) parents (in equal shares) if there is no widow, husband, or child.

§ 507.31 Persons precluded from receiving awards.

Any person under the provisions of section 6(e) of the act who, at any

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§ 508.1 Payments under the War Claims Act of 1948, as amended by Pub. L. 91289.

(a) Upon a determination by the Commission as to amount and validity of each claim filed pursuant to sections 5(i), 6(e) as amended, and 6(f) of the War Claims Act of 1948, as amended, any award made thereunder will be certified by the Commission to the Secretary of the Treasury for payment out of funds appropriated for this purpose, in favor of the civilian internee or prisoner of war found entitled thereto.

(b) Awards made to survivors of deceased civilian internees or prisoners of war, will be certified to the Secretary of Treasury for payment to the individual member or members of the class or classes of survivors entitled to receive compensation in the full amount of the share to which each survivor is entitled, and if applicable, under the procedure set forth in § 508.3, except that as to persons under legal disability, payment will be made as specified in § 508.2.

§ 508.2 Payments to persons under legal disability.

Any award or any part of an award payable under section 5(i), 6(e) as amended, and 6(f) of the act to any person under legal disability may, in the discretion of the Commission, be certified for payment for the use of the claimant, to the natural or legal

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