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37 U.S.C. § 559 — Benefits for members held as captives

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 559 — Benefits for members held as captives

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Source file: Laws/federal/codes/united-states-code/title-37/section-559-benefits-for-members-held-as-captives--a73d2cf160.md
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Source location: Title 37, Chapter 10, § 559; chapter-010-payments-to-missing-persons.md

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**(a)** In this section: (1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity. (2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted 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 three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly. (3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&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 a member is indebted to the United States under [section 552(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552/c&num=0&edition=prelim) shall be deemed to be part of the amount due under such section; and (B) any amount referred to in [section 556(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556/f&num=0&edition=prelim) shall be deemed to be part of such amount for purposes of such section. (5) An allotment under this subsection may be made without regard to [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&num=0&edition=prelim). **(c)** (1) Except as provided in paragraph (3), the President shall make a cash payment to any person who is a former captive. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such person terminates. (2) Except as provided in section 802 of the Victims of Terrorism Compensation Act ([5 U.S.C. 5569](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5569&num=0&edition=prelim) note), the amount of such payment shall be determined by the President under the provisions of [section 5569(d)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5569/d/2&num=0&edition=prelim). (3) (A) The President— (i) may defer such payment in the case of any former captive who during such one-year period is charged with an offense described in clause (ii), until final disposition of such charge; and (ii) may deny such payment in the case of any former captive who is convicted of a captivity-related offense— (I) referred to in subsection (b) or (c) of [section 8312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312&num=0&edition=prelim); or (II) under chapter 47 of title 10 (the Uniform Code of Military Justice) that is punishable by dishonorable discharge, dismissal, or confinement for one year or more. (B) For the purposes of subparagraph (A), a captivity-related offense is an offense that is— (i) committed by a person while the person is in a captive status; and (ii) related to the captive status of the person. (4) A payment under this subsection is in addition to any other amount provided by law. (5) Any amount due a person under this subsection shall, after the death of such person, be deemed to be pay and allowances for the purposes of this chapter. (6) Any payment made under paragraph (1) that is later denied under paragraph (3)(A)(ii) 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). **(d)** A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 553 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations

**(a)** Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim). **(b)** When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim). **(c)** The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned. **(d)** A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned. **(e)** Subject to subsections (f) and (g), the Secretary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3711 — Collection and compromise

**(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

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) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5569

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8312 — Conviction of certain offenses

**(a)** An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or (2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection. The prohibition on payment of annuity or retired pay applies— (A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and (B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later. **(b)** The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954: (1) An offense within the purview of— (A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18; (B) chapter 105 (relating to sabotage) of title 18; (C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1095a — Medical care: members held as captives and their dependents

**(a)** Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care— (1) is incident to the captive status; and (2) is not covered— (A) by any other Government medical or health program; or (B) by insurance. **(b)** In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services. **(c)** In this section: (1) The terms “captive status” and “former captive” have the meanings given those terms in [section 559 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim). (2) The term “dependent” has the meaning given that term in section 551 of that title.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2181 — Definitions

In this chapter: (1) The terms “captive status” and “former captive” have the meanings given those terms in [section 559 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim). (2) The term “dependent” has the meaning given that term in section 551 of that title.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4801 — Findings and purposes

**(a) Findings** The Congress finds and declares that— (1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad; (2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and (3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities. **(b) Purposes** The purposes of this chapter are— (1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad; (2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs; (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority; (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; (5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their liv

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20106 — Compensation to victims of international terrorism

**(a) Definitions** In this section: (1) **International terrorism** — The term “international terrorism” has the meaning given the term in [section 2331 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2331&num=0&edition=prelim). (2) **National of the United States** — The term “national of the United States” has the meaning given the term in [section 1101(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a&num=0&edition=prelim). (3) **Victim** (A) *In general* — The term “victim” means a person who— (i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after October 23, 1983, with respect to which an investigation or civil or criminal prosecution was ongoing after April 24, 1996; and (ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government. (B) *Incompetent, incapacitated, or deceased victims* — In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim. (C) *Exception* — Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or on behalf of a victim. **(b) Award of compensation** The Director may use the emergency reserve referred to in [section 20101(d)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20101/d/5/A&num=0&edition=prelim) to carr

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 1013 — Payment of compensation for victims of terrorism

Any benefit or payment pursuant to [section 559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim), or section 1032 or 1095a or chapter 110 of title 10, shall be paid out of funds available to the Secretary concerned for military personnel.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 559 — Benefits for members held as captives

Page 225 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 559 missing status, does not become due until the earlier of the following dates— (1) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) being in a missing status, un- less before the end of that fifteenth day he is again in a missing status; or (2) the fifteenth day of the third month after the month in which an executor, adminis- trator, or conservator of the estate of the tax- payer is appointed. That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or pay- ing the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receiv- ership. (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 631; amended Pub. L. 96–513, title V, § 516(16), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 100–26, § 8(c), Apr. 21, 1987, 101 Stat. 285.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 558 .......... 50 App. 1013. Mar. 7, 1942, ch. 166, § 13, 56 Stat. 146; Aug. 8, 1947, ch. 515, § 6, 61 Stat. 918; Aug. 14, 1964, Pub. L. 88–428, § 1(9), 78 Stat. 437. Only that portion of the source law which is applica- ble to members of the uniformed services and their de- pendents is codified in this section. The words ‘‘in the case of any taxable year beginning after December 31, 1940’’ are omitted as unnecessary. The words ‘‘as defined in section 101(3) and (23) of title 37, United States Code’’ are omitted as unneces- sary since the revised section is co

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