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which he alleges and proves in a manner acceptable to the Commission the acts specified in subparagraphs (A) and/or (B) of this paragraph.

“(4) Any claim allowed by the Commission under this section shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection and shall be payable by the Secretary of the Treasury 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 persons specified, and in the manner provided in paragraph (4) of subsection (d) of section 6 of this Act: Provided, 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 section 5 of this Act, except that payment shall be made from funds provided therfor under subsection (7) hereof.

(5) Claims for compensation under this subsection shall be filed with the Commission within six months from the date of enactment of this subsection, and the Commission shall complete the adjudication of the claims authorized by this subsection at the earliest practicable date but in no event later than one year after the expiration of the time for filing such claims.

“(6) Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.

"(7) (A) There are hereby authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.

(B) 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 subsection shall be final and conclusive."

(H. R. 9234, 83d Cong., 2d sess.) A BILL To extend certain benefits of the War Claims Act of 1948 to Korean prisoners of

war

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the War Claims Act of 1948 is hereby amended by inserting immediately after section 6 thereof the following new section :

"SEC. 6A. (a) As used in 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, as a result of participation in hostilities in Korea, was, for any period of time subsequent to June 27, 1950, in the hands of a hostile force or interned in a foreign country.

“(b) 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

“(A) for the violations by the de facto government of the hostile force or foreign country 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;

“(B) for inhumane treatment by such government or its agents. The term 'inhumane treatment as used herein shall include, but not be limited to, violation by such 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; or

“(C) for violation by such government, 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. "(c) Compensation shall be allowed to any prisoner of war under this section at the rate of $2.50 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

“(A) the violation by such government or its agents of the provisions of title III, section III, of the Geneva Convention of July 27, 1929 ;

(B) any inhumane treatment as defined herein; or

"(c) violation by such government 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. Any claim allowed under this section shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this Act. In no event shall the compensation allowed to any prisoner of war under this section exceed the sum of $2.50 with respect to any one day.

“(d) Claims under this section shall be paid to the person entitled thereto, and shall, in the case of death of the persons who are entitled be payable only to or for the benefit of the following persons :

(A) widow if there is no child or children of the deceased;

“(B) widow and child or children of the deceased, one-half to the widow 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; and

“(D) parents (in equal shares) if there is no widow or child. Where any person entitled to payment under this section is under any legal disability, payment may be made as payments are under subsection (e) of section 5 for the benefit of persons under legal disability.

“(e) There is authorized to be appropriated to the War Claims Funds established by section 13 of this Act such sums as may be necessary to carry out this section."

(H. R. 9390, 83d Cong., 2d sess.) A BILL To extend certain civilian-internee and prisoner-of-war benefits under the War

Claims Act of 1948, as amended, to civilian internees and American prisoners of war captured and held during the hostilities in Korea

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5 of the War Claims Act of 1948, as amended (50 App. U. S. C., sec. 2004), is hereby amended by adding the following new subsection at the end thereof :

“(g) (1) As used in this subsection, the term 'civilian American citizen' 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 the date of enactment of this subsection, 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 and knowingly gave aid to, 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.

“(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 June 25, 1950, and prior to the date of enactment of this subsection, 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.

"(3) The detention benefit allowed to any person under the provision 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.

(4) 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 :

“(A) widow or dependent husband if there is no child or children of the deceased ;

“(B) 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) 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 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.

“(6) Claims for benefits under this subsection must be filed with the Com. mission within six months from the date of enactment of this subsection, and the Commission shall complete its determinations with respect to the claims au

thorized by this subsection at the earliest practicable date but in no event later than one year after the expiration of the time for filing such claims.

(7) (A) There are hereby authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.

“(B) 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."

(b) Subsection (a) of such section 5 hereby amended by inserting after the words “As used in” the following: "subsections (b) and (f) of".

(c) Subsection (e) of such section 5 is hereby amended by inserting after the words "under this section" the following: “(except under subsection (g))”.

SEC. 2. (a) The subsection (d) of section 6 of the War Claims Act of 1948, as amended (50 App. U. S. C., sec. 2005), which was added to such section by Public Law 304, Eighty-second Congres, is hereby redesignated as subsection (f).

(b) Such section 6 is hereby amended by inserting immediately after the subsection (d) which was added to such section by Public Law 303, Eighty-second Congress, the following new subsection :

“(e) (1) 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 the date of enactment of this subsection, except any such member who, at any time, voluntarily and knowingly gave aid to, collaborated with, or in any manner served any such hostile force.

“(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 any prisoner of war for compensation for the failure of we 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 prior to the date of enactment of this subsection 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.

“(3) 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

"(A) 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

“ (B) 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 prior to the date of enactment of this subsection 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.

(4) 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 of the persons who are entitled, be paid only to or for the benefit of the persons speci. fied, and in the order established, by paragraph (4) of subsection (d) of this section.

“(5) Claims for compensation under this subsection must be filed with the Commission within six months from the date of enactment of this subsection, and the Commission shall complete its determinations with respect to the claims authorized by this subsection at the earliest practicable date but in no event later than one year after the expiration of the time for filing such claims.

(6) Any claim allowed under the provisions of this subsection shall be paid from funds appropriated pursuant to paragraph (7) of this subsection.

(7) (A) There are hereby authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses.

(B) 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."

WAR CLAIMS COMMISSION,

Washington, D.C., June 3, 1954. Hon. CHARLES A. WOLVERTON, Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D.O. DEAR MR. WOLVERTON: This will acknowledge receipt of the notice of hearings dated May 29, 1954, scheduled before the Subcommittee on War Claims and Trading With the Enemy Act, Committee on Interstate and Foreign Commerce, at 10 a. m., June 7 through June 11, 1954. According to the notice the subcommittee will conduct public hearings on pending bills to provide certain benefits to American civilian internees and prisoners of war in Korea to broaden the scope of the present benefit provisions of the War Claims Act of 1948, as amended and to provide for a study of the aftereffects of imprisonment or internment in World War II and in Korea. Please be advised that the War Claims Commission will be represented at the hearings on June 7 by its chairman who will testify favorably with respect to the bills, H. R. 6923, H. R. 8076, H. R. 9094 and H. R. 9234, particularly H. R. 9094.

In connection with other war claims bills on the committee's agenda the Commission desires to present the following statement :

H. R. 1911.A bill to provide for a study of the mental and physical consequences of malnutrition and starvation suffered by prisoners of war and civilian internees during World War II and the hostilities in Korea.

On February 4, 1954, the Commission was requested by your committee to submit its views on this proposal. After careful consideration, and pursuant to such request a proposed report has been drafted and is now pending at the Bureau of the Budget for the purpose of determining whether the Commission's proposed report is in keeping with the policies and programs of the executive branch. This bill would authorize the War Claims Commission in cooperation with the Administrator of Veterans' Affairs and the Secretary of Health, Education, and Welfare to arrange for the study described in the title of the bill, and to report the results to the President for transmittal to the Congress. The Commission understands that your committee has been advised that the views of the Veterans' Administration and the Department of Health, Education, and Welfare have not as yet been submitted to the Bureau of the Budget for determination of the executivebranch position. In view of the foregoing, the War Claims Commission respectfully suggests that it is not in a position to testify either for or against the proposal.

H. R. 3298.—A bill to amend section 5 of the War Claims Act of 1948 so that internees will not be denied detention and disability benefits thereunder because of being within the purview of the Missing Persons Act of March 7, 1942.

II. R. 2546.—A bill to amend the War Claims Act of 1948, as amended, to make husbands eligible for survivor benefits under sections 5 and 6, regardless of status of dependency.

H. R. 422 and S. 541.--Bills to extend detention benefits under the War Claims Act of 1948 to employees of contractors with the United States.

II. R. 6107.-To authorize payment of rertain war claims, including payment of certain claims arising out of the sequestration by the Imperial Japanese Government of credits of members of the military and naval forces of the United States and other United States nationals in the Philippines.

Each of the above proposals is included in the group of additional types of claims which have been under study in the development of an overall claims program for submission to the Congress by the executive branch. The War Claims Commission is advised that this program will be submitted, with proposed implementing legislation, in a matter of days. Until that is done and an executive branch position is established, the Commission respectfully suggests that it refrain from testifying at the scheduled hearings on these measures. It may be pointed out, however, the Commission has furnished to the committee, with the approval of the Bureau of the Budget, under date of May 25, 1954, certain background information on H. R. 6407 which it is hoped may be useful to the committee in its consideration of this bill. Because of the imminent submission to the Congress of an overall claims program, the Commission did not take any position in its report on H. R. 6407. Sincerely yours,

WHITNEY GILLILLAND, Chairman.

WAR CLAIMS COMMISSION,

Washington 25, D, C., April 9, 1954. Hon. CHARLES A. WOLVERTON, Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives, Washington 25, D.C. MY DEAR MR. WOLVERTON : Reference is made to your letter of January 8, 1954, requesting a report by the War Claims Commission on H. R. 6923, “A bill to extend certain benefits of the War Claims Act of 1948 to Korean prisoners of war."

The purpose of this proposed legislation is to extend to members of the Armed Forces of the United States captured and interned or held as prisoners of war in the course of the Korean campaign, benefits equivalent to those provided to prisoners of war and certain civilian internees of World War II, under the provisions of sections 5 and 6 of the War Claims Act of 1948, as amended. The subject bill, H. R. 6923, is identical with H. R. 8076, 83d Congress, except (1) in the phraseology of the title, (2) omission of reference to “Korean" prisoners of war, (3) in the phraseology of proposed section 6A (a), and (4) in providing per diem payments at the rate of $2.50 per day rather than $3 per day as under H. R. 8076. The only essential difference in the two bills is the proposed rate of compensation. Both bills, too, are essentially identical with the bill S. 2605 which proposes per diem rates of compensation amounting to $1 for inadequate rations, and to $1.50 for enforced abor and/or inhumane treatment as under existing law. Another bill, S. 2224 is similar to these three bills in providing the same Korean prisoners of war benefits at the rate of $1 and $1.50 per diem respectively for the reasons indicated. The subject bill, however, unlike S. 2224, does not provide for similar benefits with respect to civilian internees in Korea.

Compensation is authorized to any prisoner of war, as defined in the subject bill, at the rate of $2.50 per day for each day he was a prisoner of war and for which he alleges and proves, in a manner acceptable to the War Claims Commission, that he suffered any inhumane treatment, as defined in the bill, or was not furnished with the quantity or quality of food to which he was entitled as a war prisoner under the terms of the Geneva Convention of July 27, 1929. The term, "prisoner of war" is defined in the bill to mean "any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who, as a result of participation in hostilities in Korea, was, for any period of time subsequent to June 27, 1950, in the hands of a hostile force or interned in a foreign country.”

The bill further provides that in event of the death of an eligible claimant, claims under the proposed legislation would be payable first to his widow, if no child or children survive, then to his widow and child or children, one-half to the widow and one-half to the child or children. In the absence of a surviving widow, payments would be made to the surviving child or children of the deceased, in equal shares, and if no widow or children survive, then to the deceased parents in equal shares. Persons thus eligible for survivors benefits who may be under any legal disability, would receive such benefits through their legal representatives as presenntly provided for in section 5 (e) of the War Claims Act of 1948, as amended.

The bill would authorize payment of any claim by an American prisoner of war in Korea “for the violations by the de facto government” of the hostile force or foreign country, or its agents, by which the claimant was held as a prisoner of war, in violation of such government's obligations under title III, section III, of the Geneva Convention, relating to the labor war prisoners,

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