
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[667]]
[CITE: 37USC559]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                 CHAPTER 10--PAYMENTS TO MISSING PERSONS
 
Sec. 559. Benefits for members held as captives

    (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 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 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 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 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 note), the amount of such payment shall 
be determined by the President under the provisions 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 captivity-related offense--
            (I) referred to in subsection (b) or (c) of section 8312 of 
        title 5; 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.
    (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, Sec. 806(a)(1), Aug. 27, 1986, 100 
Stat. 884; amended Pub. L. 100-26, Sec. 8(e)(11), Apr. 21, 1987, 101 
Stat. 287; Pub. L. 101-510, div. A, title XIV, Sec. 1484(d)(4), (e)(2), 
Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102-25, title VII, Sec. 702(b)(1)-
(4), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A, title X, 
Sec. 1054(a)(6), (c)(2), Oct. 23, 1992, 106 Stat. 2502.)

                       References in Text

    Section 802 of the Victims of Terrorism Compensation 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 
Employees.


                               Amendments

    1992--Subsec. (c)(3)(A)(i). Pub. L. 102-484, Sec. 1054(c)(2), made 
technical correction to directory language of Pub. L. 102-25, 
Sec. 702(b)(4). See 1991 Amendment note below.
    Pub. L. 102-484, Sec. 1054(a)(6), made amendment identical to 
amendment by Pub. L. 102-25, Sec. 702(b)(4). See 1991 Amendment note 
below.
    1991--Subsec. (c)(1). Pub. L. 102-25, Sec. 702(b)(2), struck out 
``of this subsection'' after ``paragraph (3)''.
    Subsec. (c)(3)(A)(i). Pub. L. 102-25, Sec. 702(b)(4), as amended by 
Pub. L. 102-484, Sec. 1054(c)(2), struck out ``of this subparagraph'' 
after ``clause (ii)''.
    Subsec. (c)(3)(B). Pub. L. 102-25, Sec. 702(b)(3), struck out ``of 
this paragraph'' after ``subparagraph (A)''.
    Subsec. (c)(6). Pub. L. 102-25, Sec. 702(b)(2), struck out ``of this 
subsection'' after ``paragraph (1)'' and after ``paragraph (3)(A)(ii)''.
    Subsec. (d). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this 
section'' after ``(c)''.
    1990--Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(4), substituted 
``August 27, 1986'' for ``the date of the enactment of the Victims of 
Terrorism Compensation Act''.
    Subsec. (c)(2). Pub. L. 101-510, Sec. 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).


                   Effective Date; Payments; Interest

    Section 806(a)(3) of Pub. L. 99-399 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 November 4, 1979.
    ``(II) In the case of any person whose status as a captive 
terminated before the date of the enactment of this Act [Aug. 27, 1986], 
the President shall make a payment 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 established under 
such section from pay and allowances for any pay period ending after 
January 21, 1981, and before the establishment of such fund.
    ``(C) Interest on amounts so allotted with respect to any such pay 
period shall be calculated as if the allotment had occurred at the end 
of such pay period.''

                         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.


Payment to Individuals Held in Captive Status Between November 4, 1979, 
                          and January 21, 1981

    For payment for individuals in the uniformed services referred to in 
subsec. (c) of this section held in captive status between Nov. 4, 1979, 
and Jan. 21, 1981, see section 802 of Pub. L. 99-399, set out as a note 
under section 5569 of Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 1013 of this title; title 10 
sections 1095a, 2181.
