Page:United States Statutes at Large Volume 84 Part 1.djvu/381

 84 STAT. ]

PUBLIC LAW 91-289-JUNE 24, 1970

323

Public Law 91-289 AN ACT To amend section 6 of the War Claims Act of 1948 to include prisoners of war captured during the Vietnam conflict, and for other purposes.

j^jjjg 24, 1970 [H. R. 4204]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the War Claims Act W a r Claims Act of 1948 (50 App. U.S.C. 2005) is amended as follows: °Ut ^ (1) by redesignating subsection (f) as subsection (g); and 62 Stat. 1244; (2) by inserting immediately after subsection (e) the following W gtat! 761. ' new subsection: " (f)(1) As used in this subsection— " (A) the term 'Vietnam conflict' relates to the period beginning fiie^'^*"^'" ''°"' February 28, 1961, and ending on such date as shall thereafter be determined by Piesidential proclamation or concurrent resolution of the Congress; and " (B) the term 'prisoner of war' means any regularly appointed, "Prisoner of 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, ^ave aid to or collaborated with, or in any manner served, such hostile force. "(2) The Commission is authorized to receive and to determine, s^lon?^' ''°'^^^"' 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 ^ ^^"^ ^aie. 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. "(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 chapter VIII, section III, of the Geneva Convention of August 12, 1949, relating to labor of prisoners of ^ ^ST 3354. war; or " (B) for inhumane treatment b ^ the hostile force by which he tre'a\^"mf"^ 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 article 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 para- Amount. graph 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 Limitation. of war under this paragraph exceed the sum of $3 with respect to any one day.

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