
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC431]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 431. Benefits for certain individuals interned by United 
        States during World War II
        

(a) ``Internee'' defined

    For the purposes of this section the term ``internee'' means an 
individual who was interned during any period of time from December 7, 
1941, through December 31, 1946, at a place within the United States 
operated by the Government of the United States for the internment of 
United States citizens of Japanese ancestry.

(b) Applicability in determining entitlement to and amount of monthly 
        benefits and lump-sum death payments, and period of disability; 
        effect of payment of benefits by other agency or instrumentality 
        of United States

    (1) For purposes of determining entitlement to and the amount of any 
monthly benefit for any month after December 1972, or entitlement to and 
the amount of any lump-sum death payment in the case of a death after 
such month, payable under this subchapter on the basis of the wages and 
self-employment income of any individual, and for purposes of section 
416(i)(3) of this title, such individual shall be deemed to have been 
paid during any period after he attained age 18 and for which he was an 
internee, wages (in addition to any wages actually paid to him) at a 
weekly rate of basic pay during such period as follows--
        (A) in the case such individual was not employed prior to the 
    beginning of such period, 40 multiplied by the minimum hourly rate 
    or rates in effect at any such time under section 206(a)(1) of title 
    29, for each full week during such period; and
        (B) in the case such individual who was employed prior to the 
    beginning of such period, 40 multiplied by the greater of (i) the 
    highest hourly rate received during any such employment, or (ii) the 
    minimum hourly rate or rates in effect at any such time under 
    section 206(a)(1) of title 29, for each full week during such 
    period.

    (2) This subsection shall not be applicable in the case of any 
monthly benefit or lump-sum death payment if--
        (A) a larger such benefit or payment, as the case may be, would 
    be payable without its application; or
        (B) a benefit (other than a benefit payable in a lump-sum unless 
    it is a commutation of, or a substitute for, periodic payments) 
    which is based, in whole or in part, upon internment during any 
    period from December 7, 1941, through December 31, 1946, at a place 
    within the United States operated by the Government of the United 
    States for the internment of United States citizens of Japanese 
    ancestry, is determined by any agency or wholly owned 
    instrumentality of the United States to be payable by it under any 
    other law of the United States or under a system established by such 
    agency or instrumentality.

The provisions of clause (B) shall not apply in the case of any monthly 
benefit or lump-sum death payment under this subchapter if its 
application would reduce by $0.50 or less the primary insurance amount 
(as computed under section 415 of this title prior to any recomputation 
thereof pursuant to subsection (f) of such section) of the individual on 
whose wages and self-employment income such benefit or payment is based. 
The provisions of clause (B) shall also not apply for purposes of 
section 416(i)(3) of this title.
    (3) Upon application for benefits, a recalculation of benefits (by 
reason of this section), or a lump-sum death payment on the basis of the 
wages and self-employment income of any individual who was an internee, 
the Commissioner of Social Security shall accept the certification of 
the Secretary of Defense or his designee concerning any period of time 
for which an internee is to receive credit under paragraph (1) and shall 
make a decision without regard to clause (B) of paragraph (2) of this 
subsection unless the Commissioner has been notified by some other 
agency or instrumentality of the United States that, on the basis of the 
period for which such individual was an internee, a benefit described in 
clause (B) of paragraph (2) has been determined by such agency or 
instrumentality to be payable by it. If the Commissioner of Social 
Security has not been so notified, the Commissioner shall then ascertain 
whether some other agency or wholly owned instrumentality of the United 
States has decided that a benefit described in clause (B) of paragraph 
(2) is payable by it. If any such agency or instrumentality has decided, 
or thereafter decides, that such a benefit is payable by it, it shall so 
notify the Commissioner of Social Security, and the Commissioner of 
Social Security shall certify no further benefits for payment or shall 
recompute the amount of any further benefits payable, as may be required 
by this section.
    (4) Any agency or wholly owned instrumentality of the United States 
which is authorized by any law of the United States to pay benefits, or 
has a system of benefits which are based, in whole or in part, on any 
period for which any individual was an internee shall, at the request of 
the Commissioner of Social Security, certify to the Commissioner, with 
respect to any individual who was an internee, such information as the 
Commissioner of Social Security deems necessary to carry out the 
Commissioner's functions under paragraph (3) of this subsection.

(c) Authorization of appropriations

    There are authorized to be appropriated to the Trust Funds and the 
Federal Hospital Insurance Trust Fund for the fiscal year ending June 
30, 1978, such sums as the Commissioner of Social Security and the 
Secretary jointly determine would place the Trust Funds and the Federal 
Hospital Insurance Trust Fund in the position in which they would have 
been if the preceding provisions of this section had not been enacted.

(Aug. 14, 1935, ch. 531, title II, Sec. 231, as added Pub. L. 92-603, 
title I, Sec. 142(a), Oct. 30, 1972, 86 Stat. 1367; amended Pub. L. 98-
369, div. B, title VI, Sec. 2663(j)(2)(A)(iii), July 18, 1984, 98 Stat. 
1170; Pub. L. 103-296, title I, Sec. 107(a)(1), (4), (c), Aug. 15, 1994, 
108 Stat. 1477, 1478, 1481.)


                               Amendments

    1994--Subsec. (b)(3). Pub. L. 103-296, Sec. 107(a)(1), (4), 
substituted ``Commissioner of Social Security'' for ``Secretary of 
Health and Human Services'' after ``an internee, the'', after ``If 
the'', and after ``so notify the'', substituted ``the Commissioner'' for 
``he'' before ``has been notified'' and before ``shall then ascertain'', 
and substituted ``Commissioner of Social Security'' for ``Secretary'' 
before ``shall certify no''.
    Subsec. (b)(4). Pub. L. 103-296, Sec. 107(a)(1), (4), substituted 
``Commissioner of Social Security, certify to the Commissioner, with 
respect to any individual who was an internee, such information as the 
Commissioner of Social Security deems necessary to carry out the 
Commissioner's functions under paragraph (3) of this subsection'' for 
``Secretary of Health and Human Services, certify to him, with respect 
to any individual who was an internee, such information as the Secretary 
deems necessary to carry out his functions under paragraph (3) of this 
subsection''.
    Subsec. (c). Pub. L. 103-296, Sec. 107(c), substituted 
``Commissioner of Social Security and the Secretary jointly determine'' 
for ``Secretary determines''.
    1984--Subsec. (b)(3), (4). Pub. L. 98-369 substituted ``Health and 
Human Services'' for ``Health, Education, and Welfare'' wherever 
appearing.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


           Special $50 Payment Under Tax Reduction Act of 1975

    Special payment of $50 as soon as practicable after Mar. 29, 1975, 
by the Secretary of the Treasury to each individual who, for the month 
of March 1975, was entitled to a monthly insurance benefit payable under 
this subchapter, see section 702 of Pub. L. 94-12, set out as a note 
under section 402 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 415 of this title.
