§ 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.
(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.
(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
(d)
A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review.