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“(2) 'family member', as used with respect to an employee, means
“(A) any dependent of such employee; and
"(B) any individual (other than a dependent under subparagraph (A) who is a member of the employee's family
or household. "(b) The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual's relationship with the Government.
"(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569(d) of this title) in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
"(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
"(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of section 5569 of this title (other than because of paragraph (2) of such subsection).
"(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981.
"(g) 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.".
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5568 the following: "5569. Benefits for captives. "5570. Compensation for disability or death.". SEC. 804. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOLLOWING
INJURY FROM HOSTILE ACTION ABROAD. Section 6325 of title 5, United States Code, is amended by adding at the end thereof the following: “The preceding provisions of this section shall apply in the case of an alien employee referred to in section 6301(2)(viii) of this title with respect to any leave granted to such alien employee under section 6310 of this title or section 408 of the Foreign Service Act of 1980.". SEC. 806. TRANSITION PROVISIONS.
(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.
"(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),60 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),61 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) of this subparagraph, 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 dis
charge, dismissal, or confinement for one year or more. "(B) For the purposes of subparagraph (A) of this paragraph, 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) 60 that is later denied under paragraph (3)(A)(ii) 60 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) 62 is final and is not subject to judicial review.”.
(2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "559. Benefits for members held as captives.".
. Sec. 702(6/2) of Public Law 102–25 (105 Stat. 117) struck out "of this subsection" throughout title 37, U.S.C. (other than in sections 305a(dX3), 431(a), and 501(O).
a Sec. 1484(eX2) of Public Law 101-510 (104 Stat. 1717) amended title 37, sec. 559, by insert ing the parenthetical citation.
Sec. 702(6X1) of Public Law 102–25 (105 Stat. 117) struck out "of this section' throughout tide 37, U.S.C. (other than in sections listed in sec. 702(c) of that Public Law).
(3)(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, 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.
(b) DISABILITY AND DEATH BENEFITS.-(1) Chapter 53 of title 10, United States Code, is amended by adding at the end thereof the following new section: “8 1032.63 Disability and death compensation: dependents of
members held as captives “(a) The President shall prescribe regulations under which the Secretary concerned may pay compensation for the disability or death of a dependent of a member of the uniformed services if the President determines that the disability or death,
“(1) was caused by hostile action; and
"(2) was a result of the relationship of the dependent to the member of the uniformed services. "(b) Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
"(c) A determination by the President under subsection (a) is conclusive and is not subject to judicial review. "(d) In this section:
"(1) The term 'dependent'64 has the meaning given that term in section 551 of title 37.65
"(2) The term 64 'Secretary concerned' has the meaning given that term 65 in section 101 of that title.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1032. Disability and death compensation: dependents of members held as cap(3) Section 1032 of tile in United Natu r *** Hifi hi paragraph 1, shall app with reciteit i n Hi Mirath resulting from an injury that anyurs aieranuali i
* Originally sec. 1051, title 10, this section was recodified as sec. 1032 by sec. 7(eXIXA) of Public Law 150-26 (101 Stat. 281).
Functions vested in the President by this section were delegated to the Secretary of Defense, to be exercised in consultation with the Secretary of Labor, by Executive Order 12598 (June 17, 1987; 52 F.R. 23421).
B Sec. 1622(eX2) of Public Law 101-189 (103 Stat. 1605) inserted "The term" and made de pendent lower case; and inserted "The term" after par. designation
*Sec. 1343(a(25) of Public Law 99-661 substituted "title 37" for "that title" in par. (1), and struck out "and uniformed services' have the meanings given those terms" and inserted has the meaning given that term* in par. (2).
(c) MEDICAL BENEFITS-) Chapter op aarde al impro pria Code, is amended by adding at the end there the Ri ng hirit section: "§ 1095a.66 Medical care: members held an
e m and thrin dependents “(a) Under regulations prescribed by the President, the primini concerned shall pay (by advancement or reimbursement) Any poi son who is a former captive, and any dependent of that pana of a person who is in a captive status, for health one and othing expenses related to such care, to the extent that suci cane
"(1) is incident to the captive status; and
"(A) by any other Government medical or lionth bin gram; or
"(B) by insurance. “(b) In the case of any person who is eligible for mail it under section 1074 or 1076 of this title, such repulunu alımll the quire that, whenever practicable, such care ii privolin #well of the uniformed services. "(c) In this section:
"(1) 'captive status'en and format e ine halbida tani # given those terms in st 559 "Autes 37
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