Page:United States Statutes at Large Volume 100 Part 1.djvu/921

 PUBLIC LAW 99-399—AUG. 27, 1986

100 STAT. 885

"(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 10 USC 801 et Military Justice) that is punishable by dishonorable dis- ««9charge, 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) of this subsection Claims, that is later denied under paragraph (3)(A)(ii) of this subsection 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) of this section 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.".

(3)(A)(i) Except as provided in clause (ii), section 559 of title 37, 37 USC 559 note. 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 President of U.S. 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 -J 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: "§ 1051. Disability and death compensation: dependents of mem- 10 USC 1051. hers held as captives "(a) The President shall prescribe regulations under which the President of U.S. Secretary concerned may pay compensation for the disability or Regulations. 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

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