5 USC 5569 - Benefits for captives

U.S Code last checked for updates: Nov 22, 2024

§ 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)

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

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 section 5563 of this title 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)

Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of section 5563 of this title 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)

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

(B)

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

(5)

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

(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)

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 November 4, 1979. 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)

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 section 5702 of this title 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)

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

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 section 3711 of title 31.

(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)

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

(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)

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

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

(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.

(Added Pub. L. 99–399, title VIII, § 803(a), Aug. 27, 1986, 100 Stat. 879; amended Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–189, § 2(b)(2), Dec. 19, 2003, 117 Stat. 2865.)

cite as: 5 USC 5569