5 U.S.C. § 5569 | Benefits for captives

(a)

For the purpose of this section—

(1)

“captive” means any individual in a captive status commencing while such individual is—

(A)

in the Civil Service, or

(B)

a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);

(2)

“captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government;

(3)

“missing status”—

(A)

section 5561(5) of this title in the case of an employee, has the meaning provided under ; and

(B)

in the case of an individual other than an employee, has a similar meaning; and

(4)

“family member”, as used with respect to a person, means—

(A)

any dependent of such person; and

(B)

any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household.

(b)

(1)

section 5563 of this title The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under or any other provision of law.

(2)

Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Such interest shall be compounded quarterly.

(3)

section 5563 of this title Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish.

(4)

Any interest accruing under this subsection on—

(A)

section 5562(c) of this title any amount for which an individual is indebted to the United States under shall be deemed to be part of the amount due under such section 5562(c); and

(B)

section 5566(f) of this title any amount referred to in shall be deemed to be part of such amount for purposes of such section 5566(f).

(5)

section 5563(c) of this title An allotment under this subsection may be made without regard to .

(c)

The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care—

(1)

is incident to such individual being a captive; and

(2)

is not covered—

(A)

by any Government medical or health program; or

(B)

by insurance.

(d)

(1)

November 4, 1979 Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after . Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date.

(2)

section 5702 of this title Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under which was in effect for each day that individual was so held.

(3)

The President—

(A)

may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and

(B)

section 8312 of this title may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of committed—

(i)

during the period of captivity of such individual; and

(ii)

related to the captive status of such individual.

(4)

A payment under this subsection shall be in addition to any other amount provided by law.

(5)

The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individual’s death.

(6)

section 3711 of title 31 Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of .

(e)

(1)

Under regulations prescribed by the President, the benefits provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act, shall be provided in the case of any individual who is a captive.

(2)

In applying such Act under this subsection—

(A)

the term “servicemember” is deemed to include any such captive;

(B)

the term “period of military service” is deemed to include the period during which the individual is in a captive status; and

(C)

references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President.

(f)

(1)

(A)

Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.

(B)

Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs—

(i)

after that individual has been in captive status for 90 days or more, and

(ii)

on or before—

(I)

the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or

(II)

if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date.

In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause.

(C)

In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual’s death.

(D)

The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law.

(E)

section 5561(3)(B) of this title For the purpose of this paragraph, “child” means a dependent under .

(2)

(A)

In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.

(B)

Payments shall be available under this paragraph for a captive for education or training which occurs—

(i)

after the termination of that individual’s captive status, and

(ii)

on or before—

(I)

the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or

(II)

shall be available only to the extent that such payments are not otherwise authorized by law.

(3)

Assistance under this subsection—

(A)

section 3524 of title 38 shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to ; and

(B)

may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than full-time education or training).

(4)

Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the assistance program under chapters 35 and 36 of title 38.

(g)

Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if—

(1)

such family member is held in captive status; and

(2)

such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences.

(h)

January 21, 1981 Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after .

(i)

Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review.

(j)

The President may prescribe regulations necessary to administer this section.

(k)

Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.

Pub. L. 99–399, title VIII, § 803(a)Aug. 27, 1986100 Stat. 879 Pub. L. 102–83, § 5(c)(2)Aug. 6, 1991105 Stat. 406 Pub. L. 108–189, § 2(b)(2)Dec. 19, 2003117 Stat. 2865(Added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Pub. L. 99–399Aug. 27, 1986The date of the enactment of the Victims of Terrorism Compensation Act [title VIII of ], referred to in subsec. (d)(1), is .

Pub. L. 99–399Section 802 of the Victims of Terrorism Compensation Act [], referred to in subsec. (d)(2), is set out as a note below.

act Oct. 17, 1940, ch. 888 54 Stat. 1178The Servicemembers Civil Relief Act, referred to in subsec. (e)(1), is , , which is classified to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. Titles IV and V of the Act are classified to subchapters IV (§ 3971 et seq.) and V (§ 3991 et seq.), respectively, of chapter 50 of Title 50. Sections 104, 105, 106, 501, 510, and 702 of the Act are classified to sections 3914, 3915, 3917, 3991, 4000, and 4022, respectively, of Title 50. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 108–189, § 2(b)(2)(A)2003—Subsec. (e)(1). , which directed substitution of “provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act” for “ ‘provided by the Soldiers’ and Sailors’ Civil Relief Act of 1940’ and all that follows through ‘of such Act’ ” was executed by making the substitution for “provided by the Soldiers’ and Sailors’ Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sections 104, 105, 106, 400 through 408, 501 through 512, and 514 of such Act” to reflect the probable intent of Congress.

Pub. L. 108–189, § 2(b)(2)(B)Subsec. (e)(2)(A). , substituted “servicemember” for “person in the military service”.

Pub. L. 102–83 section 3524 of title 38 section 1724 of title 381991—Subsec. (f)(3)(A). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Short Title of 1986 Amendment

Pub. L. 99–399, title VIII, § 801Aug. 27, 1986100 Stat. 879

section 5570 of this title section 6325 of this title section 559 of Title 37“This title [enacting this section, , sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, and sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Services, amending , and enacting provisions set out as notes under this section, sections 1051, 1095, and 2181 of Title 10, and ] may be cited as the ‘Victims of Terrorism Compensation Act’.”

, , , provided that:

November 4, 1979January 21, 1981Payment to Individuals Held in Captive Status Between , and

Pub. L. 99–399, title VIII, § 802Aug. 27, 1986100 Stat. 879

section 5569(d) of title 5 section 803 of this title section 559(c) of title 37 section 806 of this titleNovember 4, 1979January 21, 1981“The amount of the payment for individuals in the Civil Service referred to in , United States Code (as added by ), or for individuals in the uniformed services referred to in , United States Code (as added by ), as the case may be, shall be $50 for each day any such individual was held in captive status during a period commencing on or after , and ending on or before .”

, , , provided that:

Transition Provisions

Pub. L. 99–399, title VIII, § 805Aug. 27, 1986100 Stat. 883

“(a)

Savings Fund.—

(1)

section 5569 of title 5January 21, 1981 Amounts may be allotted to the savings fund under subsection (b) of , United States Code (as added by section 803(a) of this Act) from pay and allowances for any pay period ending after , and before the establishment of such fund.

“(2)

Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period.

“(b)

Medical and Health Care; Educational Expenses.—

January 21, 1981Subsections (c) and (f) of such section 5569 (as so added) shall be carried out with respect to the period after , and before the effective date of those subsections, under regulations prescribed by the President.

“(c)

Definition.—

section 5561 of title 5For the purpose of this subsection, ‘pay and allowances’ has the meaning provided under , United States Code.”

, , , provided that:

Regulations

Pub. L. 99–399, title VIII, § 807Aug. 27, 1986100 Stat. 889

Aug. 27, 1986“Any regulation required by this title or by any amendment made by this title [see Short Title note above] shall take effect not later than 6 months after the date of enactment of this Act [].”

, , , provided that:

Effective Date of Entitlements

Pub. L. 99–399, title VIII, § 808Aug. 27, 1986100 Stat. 889

2 U.S.C. 651(c)(2)(C)October 1, 1986“Provisions enacted by this title [see Short Title note above] which provide new spending authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 [] shall not be effective until .”

, , , provided that:

Executive Documents

Executive Order No. 12576

Dec. 2, 1986June 17, 1987Ex. Ord. No. 12576, , 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, , 52 F.R. 23421, set out below.

Ex. Ord. No. 12598. Victims of Terrorism Compensation

June 17, 1987Ex. Ord. No. 12598, , 52 F.R. 23421, provided:

Public Law 99–399 100 Stat. 853By the authority vested in me as President by the Constitution and laws of the United States of America, including Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (, ) (“the Act”) [see Short Title note set out above], and in order to provide for the implementation of that Act, it is hereby ordered as follows:

Section5 U.S.C. 5569 1. The functions vested in the President by that part of section 803(a) of the Act to be codified at are delegated to the Secretary of State.

Sec5 U.S.C. 5570. 2. The functions vested in the President by that part of section 803(a) of the Act to be codified at are delegated to the Secretary of State, to be exercised in consultation with the Secretary of Labor.

Sec37 U.S.C. 559 10 U.S.C. 1095 10 U.S.C. 1095a 10 U.S.C. 2181–218. 3. The functions vested in the President by section 806(a) (to be codified at ), section 806(c) (to be codified at [now ]), and section 806(d) (to be codified at 5) are delegated to the Secretary of Defense.

Sec10 U.S.C. 1051 10 U.S.C. 1032. 4. The functions vested in the President by section 806(b) (to be codified at [now ]) are delegated to the Secretary of Defense, to be exercised in consultation with the Secretary of Labor.

Sec. 5. The Secretaries of State and Defense shall consult with each other and with the heads of other appropriate Executive departments and agencies in carrying out their functions under this Order.

SecDecember 2, 1986. 6. Executive Order No. 12576 of , is hereby superseded.

Ronald Reagan.