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(2) MISSING STATUS DEFINED.—The term "missing status"—
(A) in the case of employees, has the meaning given it in section 5561(5) of title 5, United States Code,
(B) in the case of members of the uniformed services, has the meaning given it in section 551(2) of title 37, Unit
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(C) in the case of other individuals, has a similar meaning as that provided under such sections, as determined by
the Secretary of State. For purposes of the preceding sentence, the term "employee" has the meaning given to such term by section 5561(2) of title
5, United States Code. (d) HOSPITALIZED AS A RESULT OF CAPTIVE STATUS.
(1) IN GENERAL.–For purposes of this title, an individual shall be treated as hospitalized as a result of captive status if such individual is hospitalized as a result of injury or disease or physical or mental disability incurred or aggravated while such individual was in captive status.
(2) 2-YEAR LIMIT.-Hospitalization shall be taken into account for purposes of paragraph (1) only if it is hospitalization
(A) occurring on or before the day which is 2 years after the date on which the individual's captive status ends (or, if earlier, the date on which the hostage period ends), or
(B) which is part of a continuous period of hospitalization which began on or before the day determined under
subparagraph (A). (e) CIVIL SERVICE; UNIFORMED SERVICES.–For purposes of this section, the terms "civil service” and “uniformed services” have the meanings given to such terms by section 2101 of title 5, United States Code.
(f) APPLICATION OF TITLE TO ALL TEHRAN HOSTAGES.-In the case of any citizen or resident alien of the United States who is determined by the Secretary of State to have been held hostage in Tehran at any time during November 1979, for purposes of this title
(1) such individual shall be treated as an American hostage whether or not such individual meets the requirements of paragraph (1) or (2) of subsection (a), and
(2) if such individual was not in the civil service or the uniformed services of the United States
(A) section 201 shall be applied by substituting "earned income (as defined in section 911(b) of the Internal Revenue Code of 1986)2 attributable to" for "compensation from the United States received for”, and
(B) the amount excluded from gross income under section 201 for any month shall not exceed the monthly equivalent of the annual rate of basic pay payable for level V
of the Executive Schedule. (g) APPLICATION OF TITLE TO INDIVIDUAL HELD CAPTIVE IN CoLOMBIA.—For purposes of this title, Richard Starr of Edmonds, Washington, who, as a Peace Corps volunteer, was held captive in Colombia, shall be treated as an American hostage who was in cap
tive status beginning on November 4, 1979, and ending on February 10, 1980. (h) SPECIAL RULES.
(1) COMPENSATION.–For purposes of this title, the term "compensation” shall not include any amount received as an annuity or as retirement pay.
(2) WAGE WITHHOLDING.–Any amount excluded from gross income under section 201 shall not be treated as wages for purposes of chapter 24 of the Internal Revenue Code of 1986.2
STUDY OF TAX TREATMENT OF HOSTAGES SEC. 206. (a) STUDY.—The Chief of Staff of the Joint Committee on Taxation shall study all aspects of the tax treatment of citizens and resident aliens of the United States who are taken hostage or are otherwise placed in a missing status.
(b) REPORT.-The Chief of Staff of the Joint Committee on Taxation shall, before July 1, 1981, report the results of the study made pursuant to subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. TITLE III—TREATMENT OF THE HOSTAGES IN IRAN
VISITS BY THE INTERNATIONAL RED CROSS Sec. 301. (a) The Congress finds that,
(1) the continued illegal and unjustified detention of the American hostages by the Government of Iran has resulted in the deterioration of relations between the United States and Iran; and
(2) the protracted length and the conditions of their confinement have reportedly endangered the physical and mental
well-being of the hostages. (b) Therefore, it is the sense of the Congress that the President should make a formal request of the International Committee of the Red Cross to
(1) make regular and periodic visits to the American hostages being held in Iran for the purpose of determining whether the hostages are being treated in a humane and decent manner and whether they are receiving proper medical attention;
(2) urge other countries to solicit the cooperation of the Government of Iran in the visits to the hostages by the International Committee of the Red Cross; and
(3) report to the United States its findings after each such visit.
j. Hostage Relief Act of 1980_Delegation of Authority
Executive Order 12268, January 15, 1981, 46 F.R. 4671 By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Hostage Relief Act of 1980 (Public Law 96-449, 94 Stat. 1967, 5 U.S.C. 5561 note) and Section 301 of Title 3 of the United States Code, and in order to provide for the implementation of that Act, it is hereby ordered as follows:
1-101. The functions vested in the President by Sections 103, 104, 105 and 301 of the Hostage Relief Act of 1980 (5 U.S.C. 5561 note) are delegated to the Secretary of State.
1-102. The Secretary of State shall consult with the heads of appropriate Executive agencies in carrying out the functions in Sections 103, 104, and 105 of the Act.
Thereby it or ne fund of the elect
4. Passport Laws and Regulations
a. Protection of Citizens Abroad 1 Act of July 27. 1868 Revised Statutes. Sec. 2001). 15 Stat. 224: 22 CS.C.
1732; as amended by Pudije Law 101-222 Anti-Terrorism and Arms Ex port menaments Act of 1989, H.R. 91). 103 Stat. 1900, approved December 12. 1989
Whenever it is made known to the President that any citizen of the t'mited States has been injustiy deprived of his liberty by or under the auinonty or any foreign government, it shall be the duty of the President forth with to demand of that government the reayons of such 'mprisonment, and if it appears to be wrongful and in violation of the rignts of American citizenship, the President shall torth with demand ine release of such citizen, and if the release so demanded is unreasonabiy delayed or retused, the President shall use such means, not amounting to acts of war and not otherwise prohibited by law,2 as he may think necessary and proper to obtain or erfectuate the release; and ail the facts and proceedings relative thereto shail as soon as practicabie be communicated by the President to Congress.
Sec. 611 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 96- 426; 92 Stat. 989), concerned equitable treatment of U.S. citizens living abroad.
2 Sec. 9 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101222; 103 Stat. 1900) added "and not otherwise prohibited by law at this point.
b. Passport Authority (1) Secretary of State's Passport Authority 1 Partial text of Act of July 3, 1926 (H.R. 12495), 44 Stat. 887; 22 U.S.C. 211a; amended by Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598), 92 Stat. 963 at 971, approved October 7, 1978; Public Law 103-236 (Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994; Public Law 103-415 (H.R. 5034), 108 Stat. 4299, approved October 25, 1994
The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States 2 as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in
1 Sec. 125 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95426; 92 Stat. 971), concerned diplomatic and official passports.
In Department of State Public Notice 1957 of February 24, 1994 (59 F.R. 10195), the Secretary of State extended the passport restriction invalidating United States passports for travel to, in, or through Lebanon. This restriction was extended in Public Notice 1767 of February 17, 1993 (58 F.R. 11286); for 1992, in Public Notice 1574 of February 10, 1992 (57 F.R. 5925). This restriction was initiated on January 26, 1987.
In Department of State Public Notice 2117 of November 14, 1994 (59 F.R. 59815), the Secretary of State extended the passport restriction for travel to, in, or through Libya, originally restricted on December 11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions have been issued on November 29, 1982 (47 F.R. 54888); November 29, 1984 (48 F.R. 55529); November 29 1984 (49 F.R. 47485); November 25, 1985 (50 F.R. 49808); December 9, 1986 (51 F.R 44855); December 10, 1987 (52 F.R. 46876); December 8, 1988 (53 F.R. 49633); December 7, 1989 (54 F.R. 50568), November 30, 1990 (55 F.R. 49746); November 25, 1991 (56 F.R. 59316); November 24, 1992 (57 F.R. 55291); November 11, 1993 (58 F.R. 61137).
In Department of State Public Notice 2178 of March 3, 1995 (60 F.R. 13002), the Secretary of State extended the passport restriction for travel to, in, or through Iraq, originally restricted on February 1, 1991 in Public Notice 1341 (56 F.R. 5242). Extensions were issued in Public Notice 1577 of February 18, 1992 (57 F.R. 6762); Public Notice 1770 of February 23, 1993 (58 F.R. 11883), and Public Notice 1960 of February 26, 1994 (59 F.R. 10451).
On January 26, 1987 the Secretary of State instituted a passport restriction for travel to, in, or through Lebanon. Extensions were issued most recently in Public Notice 2065 of August 31, 1994 (59 F.R. 45056); and Public Notice 2174 of March 3, 1995 (60 F.R. 12004).
a Sec. 127(a) of the Foreign Relations Authorization Act, Fiscal Yeans 1994 and 1995 (Public Law 103–236; 108 Stat. 394), struck out “by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge,” and inserted in lieu there of by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States,".
Sec. 1(b) of Public Law 103–415 (108 Slat. 4299) further amended this sentence, by striking out "other employees" and inserting in lieu thereof “such other employees", and by deleting the comma after "United States".