An Act to amend section 6 of the War Claims Act of 1948 to include prisoners of war captured during the Vietnam conflict
PL 91-289 (H.R.4204), enacted 06/24/1970

84 STAT. ] 
PUBLIC LAW 91-289-JUNE 24, 1970 
323 
Public Law 91-289 
AN ACT 
j^jjjg 24, 1970 
To amend section 6 of the War Claims Act of 1948 to include prisoners of war 
[H. R. 4204] 
captured during the Vietnam conflict, and for other purposes. 
War Claims Act 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That section 6 of the 
War 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 o
f 
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, volun-
tarily, 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 pay-
ment 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 pre-
scribed 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 qual-
ity of food. 
"(3) The Commission is authorized to receive and to determine, 
according to law, the amount and validity and provide for the pay-
ment 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 require-
ments 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 require-
ments 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. 
324 
PUBLIC LAW 91-289-JUNE 24, 1970 
[84 STAT. 
66 Stat. 47. 
50 u s e app. 
2005. 
Filing date. 
Appropriation. 
U.S.S. 
Pueblo. 
68 Stat. 761. 
62 Stat. 1242; 
76 Stat. 413. 
"Vietnam con-
flict." 
"Civilian 
American citi-
zen." 
"(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 theieto, and 
shall, in the case of death or determination of death of the persons who 
are entitled, be paid only to or for the benefit of the persons specified, 
and in the order established, by subsection (d) (4) of this section. 
"(5) Each claim filed under this subsection must be filed not later 
than three years from whichever of the following dates last occurs: 
" (A) the date of enactment of this subsection; 
"(B) the date the prisoner of war by whom the claim is filed 
returned to the jurisdiction of the Armed Forces of the United 
States; or 
"(C) the date upon which the Department of Defense makes 
a determination that the prisoner of war has actually died or 
is presumed to be dead, in the case of any prisoner of war who 
has not returned to the jurisdiction of the Armed Forces of the 
United States. 
The Commission shall complete its determinations with respect to 
each claim filed under this subsection at the earliest practicable date, 
but in no event later than one year after the date on which such claim 
w^as filed. 
"(6) An^ claim allowed under the provisions of this subsection 
shall be paid from funds appropriated pursuant to paragraph (7) of 
this subsection. 
"(7) There are authorized to be appropriated such amounts as 
may be necessary to carry out the purposes of this subsection, includ-
ing necessary administrative expenses." 
SEC. 2. Section 6(e) of the War Claims Act of 1948 (50 App. 
U.S.C. 2005(e)) is amended as follows: 
(1) In paragraph (1), strike out "except any such member" and 
insert in lieu thereof "or any person (military or civilian) assigned 
to duty in 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, except any person". 
(2) At the end of paragraph (5), add the following new subpara-
graph: 
"(D) In the case of any person assigned to duty in the U.S.S. 
Pueblo referred to in paragraph (1) of this subsection, one year 
after the date of enactment of this subparagraph." 
SEC. 3. Section 5 of the War Claims Act of 1948 (50 App. U.S.C. 
2004) is amended— 
(1) by striking out in subsection (e) "subsection (g)" and 
inserting in lieu thereof "subsections (g) and (i)"; and 
(2) by adding at the end thereof the following new subsection: 
"(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 resolu-
tion 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 South-
east 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. 
84 STAT.] 
PUBLIC LAW 91-290-JUNE 25, 1970 
325 
Detention bene-
fits. 
Amount. 
"(2) The Commission is authorized to receive and to determine, 
according to law, the amount and validity, and provide for the pay-
ment 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 $60 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 widoAv 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) the date of enactment of this subsection; 
"(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 
j>otentially eligible survivor, makes a determination that the 
civilian American citizen has actually died or may be presumed 
to be dead, in the case of anj 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." 
Approved June 24, 1970. 
66 Stat. 49. 
Appropriation. 
Public Law 91-290 
AN ACT 
To further extend the period of restrictions on lands of the Quapaw Indiana, 
Oklahoma, and for other purpases. 
June 25, 1970 
[S. 887] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the existing oua^^^"' mdians. 
restrictions, tax exemptions, and limitations affecting lands of Quapaw 
Land restrictions, 
Indians in Oklahoma that were extended to March 3, 1971, by the extension. 
Act of July 27,1939 (63 Stat. 1127), are hereby extended for a further 
period of twenty-five years from the date on which such restrictions, 
tax exemptions, and limitations would otherwise expire. 
Approved June 25, 1970.