37 U.S.C. § 559 : US Code - Section 559: Benefits for members held as captives

Search 37 U.S.C. § 559 : US Code - Section 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.