Page:United States Statutes at Large Volume 100 Part 1.djvu/917

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-399—AUG. 27, 1986

100 STAT. 881

"(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of section 3711 of title 31. "(e)(1) Under regulations prescribed by the President, the benefits provided by the Soldiers' and Sailors' Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sections 104, 105, 106, 400 through 408, 501 through 512, and 514 of such Act, shall be provided in the case of any individual who is a captive. "(2) In applying such Act under this subsection— "(A) the term 'person in the military service' is deemed to include any such captive; "(B) the term 'period of military service' is deemed to include the period during which the individual is in a captive status; and "(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President. "(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution. "(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs— "(i) after that individual has been in captive status for 90 days or more, and "(ii) on or before— "(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or "(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date. In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause. "(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual's death. "(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law. "(E) For the purpose of this paragraph, 'child' means a dependent under section 5561(3)(B) of this title. "(2)(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.

Claims.

50 USC app. 501. 50 USC app. 591. 50 USC app. 514-516, 540-548, 561-572, 574.

ehildren and youth. Education.

38 USC 1700 et seq. 5 USC 5561.