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 codified in title 37. The words ‘‘in a missing status’’ are substituted for ‘‘absent from his duty station under the conditions specified in section 2 of the Act’’ to conform to the definition in re- vised section 551(3) of this chapter and in view of the provisions of revised section 552 establishing the enti- tlement of a member in a missing status to receive pay and allowances or have them credited to his account. Reference to ‘‘title 26’’ is substituted for ‘‘Internal Rev- enue Code of 1954’’. Editorial Notes REFERENCES IN TEXT Sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986, referred to in text, are classified to sec- tions 6851, 6861, and 6871, respectively, of Title 26, Inter- nal Revenue Code. AMENDMENTS 1987—Pub. L. 100–26 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ in last sentence. 1980—Pub. L. 96–513 substituted ‘‘the Internal Rev- enue Code of 1954’’ for ‘‘title 26’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. § 559. Benefits for members held as captives (a) In this section: (1) The term ‘‘captive status’’ means a miss- ing status of a member of the uniformed serv- ices which, as determined by the President, arises because of a hostile action and is a re- sult of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress pro- vides 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 per- son who, as a member of the uniformed serv- ices, was held in a captive status. (b)(1) The Secretary of the Treasury shall es- tablish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uni- formed 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 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 allow- ances for purposes of section 553(c) 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 a member is in- debted to the United States under section 552(c) of this title 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 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. (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 pe- riod beginning on the date on which the captive status of such person terminates. (2) Except as provided in section 802 of the Vic- tims of Terrorism Compensation Act (5 U.S.C. 5569 note), the amount of such payment shall be determined by the President under the provi- sions of section 5569(d)(2) of title 5. (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 cap- tivity-related offense— (I) referred to in subsection (b) or (c) of section 8312 of title 5; or Page 226 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 559 (II) under chapter 47 of title 10 (the Uni- form Code of Military Justice) that is pun- ishable 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 per- son. (4) A payment under this subsection is in addi- tion to any other amount provided by law. (5) Any amount due a person under this sub- section shall, after the death of such person, be deemed to be pay and allowances for the pur- poses 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. (d) A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review. (Added Pub. L. 99–399, title VIII, § 806(a)(1), Aug. 27, 1986, 100 Stat. 884; amended Pub. L. 100–26, § 8(e)(11), Apr. 21, 1987, 101 Stat. 287; Pub. L. 101–510, div. A, title XIV, § 1484(d)(4), (e)(2), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–25, title VII, § 702(b)(1)–(4), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title X, § 1054(a)(6), (c)(2), Oct. 23, 1992, 106 Stat. 2502.) Editorial Notes REFERENCES IN TEXT Section 802 of the Victims of Terrorism Compensa- tion Act, referred to in subsec. (c)(2), is section 802 of Pub. L. 99–399, which is set out as a note under section 5569 of Title 5, Government Organization and Employ- ees. AMENDMENTS 1992—Subsec. (c)(3)(A)(i). Pub. L. 102–484, § 1054(c)(2), made technical correction to directory language of Pub. L. 102–25, § 702(b)(4). See 1991 Amendment note below. Pub. L. 102–484, § 1054(a)(6), made amendment iden- tical to amendment by Pub. L. 102–25, § 702(b)(4). See 1991 Amendment note below. 1991—Subsec. (c)(1). Pub. L. 102–25, § 702(b)(2), struck out ‘‘of this subsection’’ after ‘‘paragraph (3)’’. Subsec. (c)(3)(A)(i). Pub. L. 102–25, § 702(b)(4), as amended by Pub. L. 102–484, § 1054(c)(2), struck out ‘‘of this subparagraph’’ after ‘‘clause (ii)’’. Subsec. (c)(3)(B). Pub. L. 102–25, § 702(b)(3), struck out ‘‘of this paragraph’’ after ‘‘subparagraph (A)’’. Subsec. (c)(6). Pub. L. 102–25, § 702(b)(2), struck out ‘‘of this subsection’’ after ‘‘paragraph (1)’’ and after ‘‘para- graph (3)(A)(ii)’’. Subsec. (d). Pub. L. 102–25, § 702(b)(1), struck out ‘‘of this section’’ after ‘‘(c)’’. 1990—Subsec. (a)(1). Pub. L. 101–510, § 1484(d)(4), sub- stituted ‘‘August 27, 1986’’ for ‘‘the date of the enact- ment of the Victims of Terrorism Compensation Act’’. Subsec. (c)(2). Pub. L. 101–510, § 1484(e)(2), inserted ‘‘(5 U.S.C. 5569 note)’’ after ‘‘Terrorism Compensation Act’’. 1987—Subsec. (a). Pub. L. 100–26 substituted ‘‘In this section:’’ for ‘‘In this section—’’, inserted ‘‘The term’’ at beginning of pars. (1) and (2), and substituted period for ‘‘; and’’ at end of par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE; PAYMENTS; INTEREST Pub. L. 99–399, title VIII, § 806(a)(3), Aug. 27, 1986, 100 Stat. 885, provided that: ‘‘(A)(i) Except as provided in clause (ii), section 559 of title 37, United States Code, as added by paragraph (1), shall apply to any person whose captive status begins after January 21, 1981. ‘‘(ii)(I) Subsection (c) of such section shall apply to any person whose captive status begins on or after No- vember 4, 1979. ‘‘(II) In the case of any person whose status as a cap- tive terminated before the date of the enactment of this Act [Aug. 27, 1986], the President shall make a pay- ment under paragraph (1) of such subsection before the end of the one-year period beginning on such date. ‘‘(B) Amounts may be allotted to a savings fund es- tablished under such section from pay and allowances for any pay period ending after January 21, 1981, and be- fore the establishment of such fund. ‘‘(C) 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.’’ RECALCULATION OF PREVIOUS PAYMENTS Pub. L. 110–181, div. A, title VI, § 675(b), Jan. 28, 2008, 122 Stat. 187, provided that: ‘‘In the case of any pay- ment of back pay made to or for a person under section 667 of the Floyd D. Spence National Defense Authoriza- tion Act for Fiscal Year 2001 [Pub. L. 106–398, § 1 [[div. A], title VI, § 667], set out below] before the date of the enactment of this Act [Jan. 28, 2008], the Secretary of the Navy shall— ‘‘(1) recalculate the amount of back pay to which the person is entitled by reason of the amendment made by subsection (a) [amending Pub. L. 106–398, § 1 [[div. A], title VI, § 667], set out below]; and ‘‘(2) if the amount of back pay, as so recalculated, exceeds the amount of back pay so paid, pay the per- son, or the surviving spouse of the person, an amount equal to the excess.’’ BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD WAR II Pub. L. 106–398, § 1 [[div. A], title VI, § 667], Oct. 30, 2000, 114 Stat. 1654, 1654A–169, as amended by Pub. L. 110–181, div. A, title VI, § 675(a), Jan. 28, 2008, 122 Stat. 186, provided that: ‘‘(a) ENTITLEMENT OF FORMER PRISONERS OF WAR.— Upon receipt of a claim made in accordance with this section, the Secretary of the Navy shall pay, from any appropriation currently available to the Secretary, back pay to any person who, by reason of being in- terned as a prisoner of war while serving as a member of the Navy or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected. ‘‘(b) PAYMENT TO SURVIVING SPOUSE OF DECEASED FORMER MEMBER.—In the case of a person described in subsection (a) who is deceased, the back pay for that person under this section shall be paid to the living surviving spouse of that person, if any. If there is no living surviving spouse, no claim may be paid under this section with respect to that person. ‘‘(c) AMOUNT OF BACK PAY.—(1) The amount of back pay payable to or for a person described in subsection (a) is the amount equal to the difference between— ‘‘(A) the total amount of basic pay that would have been paid to that person for service in the Navy or the Marine Corps for the back-pay computation pe- riod if the person had been promoted to the grade to which selected to be promoted; and ‘‘(B) the total amount of basic pay that was actu- ally paid to or for that person for such service for the back-pay computation period. ‘‘(2) For purposes of paragraph (1), the back-pay com- putation period for a person covered by subsection (a) is the period— Page 227 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 602 ‘‘(A) beginning on the date (as determined by the Secretary of the Navy) as of when that person’s pro- motion would have been effective for pay purposes but for the person’s internment as a prisoner of war; and ‘‘(B) ending on the earliest of— ‘‘(i) the date of the person’s discharge or release from active duty; ‘‘(ii) the date on which the person’s promotion to that grade in fact became effective for pay pur- poses; and ‘‘(iii) the end of World War II. ‘‘(3) The amount determined for a person under para- graph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. ‘‘(d) TIME LIMITATIONS.—(1) To be eligible for a pay- ment under this section, a claimant must file a claim for such payment with the Secretary of the Navy with- in two years after the effective date of the regulations prescribed to carry out this section. ‘‘(2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall de- termine the eligibility of the claimant for payment of the claim. Subject to subsection (f), if the Secretary de- termines that the claimant is eligible for the payment, the Secretary shall promptly pay the claim. ‘‘(e) REGULATIONS.—Not later than six months after the date of the enactment of this Act [Oct. 30, 2000], the Secretary of the Navy shall prescribe regulations to carry out this section. Such regulations shall include procedures by which persons may submit claims for payment under this section. ‘‘(f) LIMITATION ON DISBURSEMENT.—(1) Notwith- standing any power of attorney, assignment of interest, contract, or other agreement, the actual disbursement of a payment of back pay under this section may be made only to a person who is eligible for the payment under subsection (a) or (b). ‘‘(2) In the case of a claim approved for payment but not disbursed as a result of paragraph (1), the Secretary shall hold the funds in trust for the person in an inter- est bearing account until such time as the person makes an election under such paragraph. ‘‘(g) ATTORNEY FEES.—Notwithstanding any contract, the representative of a person may not receive, for services rendered in connection with the claim of, or with respect to, a person under this section, more than 10 percent of the amount of a payment made under this section on that claim. ‘‘(h) OUTREACH.—The Secretary of the Navy shall take such actions as are necessary to ensure that the benefits and eligibility for benefits under this section are widely publicized by means designed to provide ac- tual notice of the availability of the benefits in a time- ly manner to the maximum number of eligible persons practicable. ‘‘(i) DEFINITION.—In this section, the term ‘World War II’ has the meaning given that term in section 101(8) of title 38, United States Code.’’ PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN NOVEMBER 4, 1979, AND JANUARY 21, 1981 For payment for individuals in the uniformed serv- ices referred to in subsec. (c) of this section held in cap- tive status between Nov. 4, 1979, and Jan. 21, 1981, see section 802 of Pub. L. 99–399, set out as a note under sec- tion 5569 of Title 5, Government Organization and Em- ployees. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees. CHAPTER 11—PAYMENTS TO MENTALLY INCOMPETENT PERSONS Sec. 601. Applicability. 602. Payments: designation of person to receive amounts due. 603. Regulations. 604. Determination of Secretary final. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. § 601. Applicability This chapter applies to— (1) members of a uniformed service who are on active duty (other than for training) or who are on a retired list of that service; and (2) members of the Fleet Reserve or Fleet Marine Corps Reserve. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 601 .......... 37:351. June 21, 1950, ch. 342, § 1, 64 Stat. 249. The words ‘‘on active duty (other than for training)’’ are substituted for the words ‘‘on the active . . . list’’ to conform to longstanding administrative construc- tion, and because there is no ‘‘active list’’ in the case of many of the uniformed services named, but only for certain regular component of those services, e.g., the ‘‘Regular Army’’ and the ‘‘Regular Air Force’’. The words ‘‘a retired list of that service’’ are substituted for the words ‘‘retired list’’, since there is more than one retired list for many of the services named. (See sections 1376, 3966, and 8966 of title 10, for example.) The words ‘‘members of the Reserve components of the re- spective services entitled to Federal pay either on the active or any retired list of said services’’ are omitted as covered by clause (1), since members of the reserve components are members of the uniformed services concerned. The word ‘‘transferred’’ is omitted as sur- plusage. § 602. Payments: designation of person to receive amounts due (a) Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who is mentally incapable of managing his affairs, may be paid for that member’s use or benefit to— (1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; (2) an individual to whom the member has granted authority to manage such funds pur- suant to a valid and legally executed durable power of attorney; or (3) any person designated by the Secretary concerned, or by any officer to whom he dele- gates his authority under this section, without