
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5569]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
              SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES
 
Sec. 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; 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 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 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 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 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 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.
    (e)(1) Under regulations prescribed by the President, the benefits 
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 sections 104, 105, 106, 400 through 408,\1\ 501 
through 512, and 514 of such Act, shall be provided in the case of any 
individual who is a captive.
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    \1\ See References in Text note below.
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    (2) In applying such Act under this subsection--
        (A) the term ``person in the military service'' 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.
    (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; 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.

(Added Pub. L. 99-399, title VIII, Sec. 803(a), Aug. 27, 1986, 100 Stat. 
879; amended Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)

                       References in Text

    The date of the enactment of the Victims of Terrorism 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 Compensation Act [Pub. L. 
99-399], referred to in subsec. (d)(2), is set out as a note below.
    The Soldiers' and Sailors' Relief Act of 1940, referred to in 
subsec. (e)(1), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as 
amended, which is classified to section 501 et seq. of the Appendix to 
Title 50, War and National Defense. Sections 104, 105, 106, 400 through 
408, 501 through 512, 514, and 701 of the Act are classified to sections 
514, 515, 516, 540 through 548, 561 through 572, 574, and 591, 
respectively, of the Appendix to Title 50. For complete classification 
of this Act to the Code, see section 501 of Appendix to Title 50 and 
Tables.
    Section 408, referred to in subsec. (e)(1), is section 408 of act 
Oct. 17, 1940, ch. 888, 54 Stat. 1185, as amended, which was classified 
to section 548 of the Appendix to Title 50, War and National Defense, 
and was repealed by Pub. L. 102-12, Sec. 9(18), Mar. 18, 1991, 105 Stat. 
40.


                               Amendments

    1991--Subsec. (f)(3)(A). Pub. L. 102-83 substituted ``section 3524 
of title 38'' for ``section 1724 of title 38''.


                               Short Title

    Section 801 of title VIII of Pub. L. 99-399 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 Services, 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 
Compensation Act'.''


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

    Section 802 of title VIII of Pub. L. 99-399 provided that: ``The 
amount of the payment for individuals in the Civil Service referred to 
in section 5569(d) of title 5, United States Code (as added by section 
803 of this title), or for individuals in the uniformed 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 period 
commencing on or after November 4, 1979, and ending on or before January 
21, 1981.''


                          Transition Provisions

    Section 805 of title VIII of Pub. L. 99-399 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 establishment of 
such fund.
    ``(2) 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.
    ``(b) Medical and Health Care; Educational Expenses.--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

    Section 807 of title VIII of Pub. L. 99-399 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

    Section 808 of title VIII of Pub. L. 99-399 provided that: 
``Provisions enacted by this title [see Short Title note above] which 
provide new spending 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 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, provided:
    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 Security 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 section 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 section 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 appropriate Executive departments and 
agencies in carrying out their functions under this Order.
    Sec. 6. Executive Order No. 12576 of December 2, 1986, is hereby 
superseded.
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in section 5570 of this title; title 37 
section 559.
