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5 U.S.C. § 5569 — Benefits for captives
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) 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. Suc
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Stable record: federal_law:legal_authorities:record_usc_90a544b87dc2d03c1790faa9
Source file: Laws/federal/codes/united-states-code/title-5/section-5569-benefits-for-captives--bddf232c8c.md
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Source location: Title 5, Chapter 55, § 5569; chapter-055-pay-administration.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5562/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5566/f&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563/c&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5702&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/3/B&num=0&edition=prelim).
(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) 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, and
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3524&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of any deadline for, relating to, or involving any rule which does not take effect (or the effectiveness of which is terminated) because of enactment of a joint resolution under section 802, that deadline is extended until the date 1 year after the date of enactment of the joint resolution. Nothing in this subsection shall be construed to affect a deadline merely by reason of the postponement of a rule’s effective date under section 801(a).
**(b)** The term “deadline” means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 803
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Federal law — U.S. Code and appendices · legal_authorities
Leave may not be charged to the account of an employee for absence, not to exceed one year, due to an injury—
(1) incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action; and
(2) not due to vicious habits, intemperance, or willful misconduct on the part of the employee.
The preceding provisions of this section shall apply in the case of an alien employee referred to in [section 6301(2)(viii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6301/2/viii&num=0&edition=prelim) with respect to any leave granted to such alien employee under [section 6310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim) or section 408 of the Foreign Service Act of 1980.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the case of a person who is a covered beneficiary, the United States shall have the right to collect from a third-party payer reasonable charges for health care services incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such charges on the person’s own behalf. If the insurance, medical service, or health plan of that payer includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is a reasonable charge for the care provided less the appropriate deductible or copayment amount.
(2) A covered beneficiary may not be required to pay an additional amount to the United States for health care services by reason of this section.
**(b)** No provision of any insurance, medical service, or health plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care shall operate to prevent collection by the United States under subsection (a) if that care is provided—
(1) through a facility of the uniformed services;
(2) directly or indirectly by a governmental entity;
(3) to an individual who has no obligation to pay for that care or for whom no other person has a legal obligation to pay; or
(4) by a provider with which the third party payer has no participation agreement.
**(c)** Under regulations prescribed under subsection (f), records of the facility of the uniformed services that provided health care services to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be mad
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5707&num=0&edition=prelim), an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in [section 5703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim)), is entitled to any one of the following:
(A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or
(C) a combination of payments described in subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.
(3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.
**(b)**
(1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtm
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter shall apply notwithstanding any other provision of law.
**(b)** If any provision of this chapter or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The head of an executive, judicial, or legislative agency—
(1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency;
(2) may compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official; and
(3) may suspend or end collection action on a claim referred to in clause (2) of this subsection when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered.
**(b)**
(1) The head of an executive, judicial, or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws.
(2) The Secretary of Transportation may not compromise for less than $500 a penalty under [section 21302 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21302&num=0&edition=prelim) for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters.
**(c)** A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “employee” means—
(A) any individual in the Civil Service; and
(B) any individual 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); and
(2) “family member”, as used with respect to an employee, means—
(A) any dependent of such employee; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee’s family or household.
**(b)** The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual’s relationship with the Government.
**(c)** Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under [section 5569(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5569/d&num=0&edition=prelim)) in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
**(d)** A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
**(e)** Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered unde
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
**(b)** In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
**(c)** All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
**(d)** A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
**(e)** Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
**(f)** When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to [section 5562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5562&num=0&edition=prelim), until the date the head of the agency concerned receives evidence that th
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall prescribe regulations under which the Secretary concerned may pay compensation for the disability or death of a dependent of a member of the uniformed services if the President determines that the disability or death—
(1) was caused by hostile action; and
(2) was a result of the relationship of the dependent to the member of the uniformed services.
**(b)** Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
**(c)** A determination by the President under subsection (a) is conclusive and is not subject to judicial review.
**(d)** In this section:
(1) The term “dependent” has the meaning given that term in [section 551 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551&num=0&edition=prelim).
(2) The term “Secretary concerned” has the meaning given that term in section 101 of that title.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall discontinue the educational assistance allowance on behalf of an eligible person if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution such person is attending, the person’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—
(1) the eligible person will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such eligible person’s reenrollment and certified it to the Department of Veterans Affairs; or
(2) in the case of a proposed change of either educational institution or program of education by the eligible person—
(A) the cause of the unsatisfactory attendance, conduct, or progress has been removed;
(B) the program proposed to be pursued is suitable to the eligible person’s aptitudes, interests, and abilities; and
(C) if a proposed change of program is involved, the change meets the requirements for approval under [section 3691 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3691&num=0&edition=prelim).
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