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

Page 700 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5569 a missing status’’ are substituted for ‘‘absent from his duty station under the conditions specified in section 2 of this Act’’ to conform to the definition in section 5561(5) and in view of the provisions of section 5562 es- tablishing the entitlement of an employee in a missing status to receive pay and allowances or to have them credited to his account. Reference to ‘‘title 26’’ is sub- stituted for ‘‘Internal Revenue Code of 1954’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5569. Benefits for captives (a) For the purpose of this section— (1) ‘‘captive’’ means any individual in a cap- tive 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 Govern- ment; (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 es- tablish 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 cal- endar 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 com- pounded quarterly. (3) Amounts in the savings fund credited to a captive shall be considered as pay and allow- ances 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 ad- vancement 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 ex- tent that such care— (1) is incident to such individual being a cap- tive; 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 be- came or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period be- ginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive termi- nated 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 Vic- tims 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 sec- tion 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 sub- section in the case of any individual who, dur- ing the one-year period described in paragraph (1), is charged with an offense described in sub- paragraph (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 in- dividual. (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 cov- ered by such subchapter, similar provisions pre- scribed by the President) shall apply with re- spect 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 pur- poses 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 sec- tions 501 and 510) of such Act, shall be provided in the case of any individual who is a captive. Page 701 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5569 (2) In applying such Act under this sub- section— (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 Gen- eral of the Army, the Chief of Naval Per- sonnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual des- ignated 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 sub- sistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training insti- tution. (B) Except as provided in subparagraph (C), payments shall be available under this para- graph for a spouse or child of an individual who is a captive for education or training which oc- curs— (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 institu- tion 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, pay- ments shall be available under this paragraph for a spouse or child of such individual for edu- cation 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 cir- cumstances, 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 edu- cational expenses, while attending an edu- cational 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 institu- tion 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 estab- lished 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 edu- cation or training). (4) Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the as- sistance 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 fam- ily 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.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Victims of Ter- rorism Compensation Act [title VIII of Pub. L. 99–399], referred to in subsec. (d)(1), is Aug. 27, 1986. Section 802 of the Victims of Terrorism Compensa- tion Act [Pub. L. 99–399], referred to in subsec. (d)(2), is set out as a note below. The Servicemembers Civil Relief Act, referred to in subsec. (e)(1), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, 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 Page 702 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5570 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 2003—Subsec. (e)(1). Pub. L. 108–189, § 2(b)(2)(A), 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 sec- tions 104, 105, 106, 400 through 408, 501 through 512, and 514 of such Act’’ to reflect the probable intent of Con- gress. Subsec. (e)(2)(A). Pub. L. 108–189, § 2(b)(2)(B), sub- stituted ‘‘servicemember’’ for ‘‘person in the military service’’. 1991—Subsec. (f)(3)(A). Pub. L. 102–83 substituted ‘‘section 3524 of title 38’’ for ‘‘section 1724 of title 38’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–399, title VIII, § 801, Aug. 27, 1986, 100 Stat. 879, provided that: ‘‘This title [enacting this section, section 5570 of this title, 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 Serv- ices, amending section 6325 of this title, and enacting provisions set out as notes under this section, sections 1051, 1095, and 2181 of Title 10, and section 559 of Title 37] may be cited as the ‘Victims of Terrorism Com- pensation Act’.’’ PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN NOVEMBER 4, 1979, AND JANUARY 21, 1981 Pub. L. 99–399, title VIII, § 802, Aug. 27, 1986, 100 Stat. 879, provided that: ‘‘The amount of the payment for in- dividuals in the Civil Service referred to in section 5569(d) of title 5, United States Code (as added by sec- tion 803 of this title), or for individuals in the uni- formed services referred to in section 559(c) of title 37, United States Code (as added by section 806 of this title), as the case may be, shall be $50 for each day any such individual was held in captive status during a pe- riod commencing on or after November 4, 1979, and end- ing on or before January 21, 1981.’’ TRANSITION PROVISIONS Pub. L. 99–399, title VIII, § 805, Aug. 27, 1986, 100 Stat. 883, provided that: ‘‘(a) SAVINGS FUND.—(1) Amounts may be allotted to the savings fund under subsection (b) of section 5569 of title 5, United States Code (as added by section 803(a) of this Act) from pay and allowances for any pay period ending after January 21, 1981, and before the establish- ment of such fund. ‘‘(2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allot- ment had occurred at the end of such pay period. ‘‘(b) MEDICAL AND HEALTH CARE; EDUCATIONAL EX- PENSES.—Subsections (c) and (f) of such section 5569 (as so added) shall be carried out with respect to the period after January 21, 1981, and before the effective date of those subsections, under regulations prescribed by the President. ‘‘(c) DEFINITION.—For the purpose of this subsection, ‘pay and allowances’ has the meaning provided under section 5561 of title 5, United States Code.’’ REGULATIONS Pub. L. 99–399, title VIII, § 807, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘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 [Aug. 27, 1986].’’ EFFECTIVE DATE OF ENTITLEMENTS Pub. L. 99–399, title VIII, § 808, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘Provisions enacted by this title [see Short Title note above] which provide new spend- ing authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)(C)] shall not be effective until October 1, 1986.’’ Executive Documents EXECUTIVE ORDER NO. 12576 Ex. Ord. No. 12576, Dec. 2, 1986, 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out below. EX. ORD. NO. 12598. VICTIMS OF TERRORISM COMPENSATION Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, pro- vided: By 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 Secu- rity and Antiterrorism Act of 1986 (Public Law 99–399, 100 Stat. 853) (‘‘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: SECTION 1. The functions vested in the President by that part of section 803(a) of the Act to be codified at 5 U.S.C. 5569 are delegated to the Secretary of State. SEC. 2. The functions vested in the President by that part of section 803(a) of the Act to be codified at 5 U.S.C. 5570 are delegated to the Secretary of State, to be exercised in consultation with the Secretary of Labor. SEC. 3. The functions vested in the President by sec- tion 806(a) (to be codified at 37 U.S.C. 559), section 806(c) (to be codified at 10 U.S.C. 1095 [now 10 U.S.C. 1095a]), and section 806(d) (to be codified at 10 U.S.C. 2181–2185) are delegated to the Secretary of Defense. SEC. 4. The functions vested in the President by sec- tion 806(b) (to be codified at 10 U.S.C. 1051 [now 10 U.S.C. 1032]) 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 ap- propriate Executive departments and agencies in car- rying out their functions under this Order. SEC. 6. Executive Order No. 12576 of December 2, 1986, is hereby superseded. RONALD REAGAN. § 5570. Compensation for disability or death (a) For the purpose of this section— (1) ‘‘employee’’ means— (A) any individual in the Civil Service; and (B) any individual rendering personal serv- ice to the United States similar to the serv- ice 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 compensa-