§ 559. — Benefits for members held as captives.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.
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, Sec. 1 [[div. A], title VI, Sec. 667], Oct. 30,
2000, 114 Stat. 1654, 1654A-169, 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 interned 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 period 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 actually paid to or
for that person for such service for the back-pay computation
period.
``(2) For purposes of paragraph (1), the back-pay computation period
for a person covered by subsection (a) is the period--
``(A) beginning on the date (as determined by the Secretary of
the Navy) as of when that person's promotion 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 purposes; and
``(iii) the end of World War II.
``(d) Time Limitations.--(1) To be eligible for a payment under this
section, a claimant must file a claim for such payment with the
Secretary of the Navy within 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 determine the eligibility of the
claimant for payment of the claim. Subject to subsection (f), if the
Secretary determines 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) Notwithstanding 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 interest 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 actual notice of the availability of the benefits in a timely
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 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.
