Page images

through other programs of the Veterans Administration under Chapter 35 of Title 38, United States Code).

(b) A Principal (see definition in $ 191.3) designated as a hostage under Subpart A of this subchapter, who intends to change jobs or careers because of the hostage experience and who desires additional training for this purpose, shall be eligible for benefits under $ 191.32 of this part unless such person is eligible for comparable benefits under Title 38 of the United States Code as determined by the Administrator of the Veterans Administration.

to be provided in a Government facility at no cost to the patient.

(e) Authorized care provided by a private facility or health care provider will be paid or reimbursed under this subpart to the extent that the Office determines that costs do not exceed reasonable and customary charges for similar care in the locality.

(f) All bills for authorized medical or health care covered by insurance shall be submitted to the patient's insurance carrier for payment prior to submission to the Office for payment of the balance authorized by this part. The Office will request the health care providers to bill the insurance carrier and the Department of State for authorized care, rather than the patient.

(g) Eligible persons will be reimbursed by the Office for authorized travel to obtain an evaluation of their claim under paragraph (b) of this section and for other authorized travel to obtain medical or health care authorized by this subpart. 8 191.23 Disputes.

Any dispute between the Office and eligible persons concerning (a) whether medical or health care is required in a given case, (b) whether required care is incident to the hostage taking, or (c) whether the cost for any authorized care is reasonable and customary, shall be referred to the Medical Director, Department of State and the Foreign Service for a determination. If the person bringing the claim is not satisfied with the decision of the Medical Director, the dispute shall be referred to a medical board composed of three physicians, one appointed by the Medical Director, one by the eligible person and the third by the first two members. A majority decision by the board shall be binding on all parties.

§ 191.31 Applicable family benefits.

(a) An eligible spouse or child shall be paid (by advancement or reimbursement) for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution approved in accordance with procedures established by the Veterans Administration, which shall be comparable to procedures established pursuant to Chapters 35 and 36 of Title 38 U.S.C.

(b) Except as provide in paragraph (c) or (d) of this section), payments shall be available under this subsection for an eligible spouse or child for education or training which occurs,

(1) 90 days after the Principal is placed in a captive status, and

(i) Through the end of any semester or quarter which begins before the date on which the Principal ceases to be in a captive status, 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 twelveweek period following that date.

(c) In special circumstances and within the limitation of $ 191.34, the Secretary of State may, under the criteria and procedures set forth in $ 191.33, approve payments for education or training under this subsection which occurs after the date determined under paragraph (b) of this section.

(d) In the event a Principal dies and the death is determined by the Secre

Subpart D-Educational Benefits

8 191.30 Eligibility for benefits.

(a) A spouse or unmarried depend. ent child aged 18 or above of a hostage as determined under Subpart A of this subchapter shall be eligible for bene fits under $ 191.31 of this subpart. (Certain limitations apply, however, to persons eligible for direct assistance

tary of State to be incident to that in- erans Administration and advise the dividual being a hostage, payments applicant of the name and address of shall be available under this subsec the office in the Veterans Administration for education or training of a tion that will counsel the eligible perspouse or child of the Principal which sons on how to obtain the benefits occurs after the date of death, up to that have been approved. Persons the maximum that may be authorized whose applications are disapproved under $ 191.34.

shall be advised of the reasons for the

disapproval. 8 191.32 Applicable benefits for hostages.

(b) The Veterans Administration (a) When authorized by the Secre- shall provide the same level and kind tary of State a Principal, following re- of assistance, including payments (by leased from captivity, shall be paid (by advancement or reimbursement) for advancement or reimbursement) for authorized expenses up to the same expenses incurred for subsistence, tui maximum amounts, to spouses and tion, fees, supplies, books and equip children of hostages, and to Principals ment, and other educational expenses, following their release from captivity while attending an educational or as it does to eligible spouses and chiltraining institution approved in ac- dren of veterans and to eligible vetercordance with procedures established ans, respectively, under Chapters 35 by the Veterans Administration com and 36 of Title 38, United States Code. parable to procedures established pur- The Veterans Administration shall, suant to Chapters 35 and 36 of Title 38 following consultation with the SecreU.S.C. Payments shall be available tary of State and under procedures it under this subsection for education or has established to administer section training which occurs on or before 1724 of Title 38, United States Code,

(1) The end of any semester or quar discontinue assistance for any individter (as appropriate) which begins ual whose conduct or progress is before the date which is 10 years after unsatisfactory under standards conthe day on which the Principal ceases sistent with those established pursuto be in a captive status, or

ant to such section 1724. (2) If the educational or training in (c) An Advisory Board shall be estabstitution is not operated on a semester lished to advise on eligibility for bene. or quarter system, the earlier of the fits under paragraphs (c) and (d) of end of any course which began before $ 191.31 and $ 191.32. The Board shall such date or the end of the twelve- be composed of the Assistant Secre. week period following that date.

tary of State for Administration as (b) A person eligible for benefits Chairperson, the Director of the under this subsection shall not be re- Office of Medical Services of the Dequired to separate from Government partment of State, the Executive Di. service in order to undertake the train rector of the regional bureau of the ing or education, but while in Govern Department of State in whose region ment service, may only receive such the relevant hostile action occurred, training or education during off-duty the Director of Personnel or other deshours or during periods of approved ignee of the applicable employing leave.

agency, and a representative of the

Veterans Administration designated 8 191.33 Administration of benefits.

by the Administrator. (a) Any person desiring benefits (d) If an application is received from under this part shall apply in writing a spouse or child for extended training to the Assistant Secretary of State for under $191.31(c), the Secretary of Ad. Administration, Department of State, ministration shall determine with the Washington, D.C. 20520. The applica. advice of the Advisory Board whether tion shall specify the benefits desired the Principal, following release from and the basis of eligibility for those captivity, is incapacitated by the hosbenefits. The Secretary of State shall tage experience to the extent that (1) make determinations of eligibility for he or she has not returned to full-time benefits under this part, and shall for active duty and is unlikely to be able ward approved applications to the Vet- to resume the normal duties of his or her position or career, or (2) in the months, or the equivalent thereof in event of a separation from Govern part-time education or training. ment service, a comparable position or (b) The eligibility of a spouse for career, for at least six months from

benefits under paragraph (c) or (d) of

benefits under pa the date the Principal is released from

$ 191.31 shall expire on a date which is captivity. If the Secretary makes such

10 years after the date of the release a determination, he or she may ap

of the hostage, or the death of the prove, within the limits of $ 191.34, an

hostage, respectively. The eligibility of application under $ 191.31(c) for up to one year of education or training. If

a dependent child for benefits under the Principal remains incapacitated,

such paragraphs (c) and (d) shall the Secretary may approve additional

expire on the 26th birthday of such training or education up to the maxi

child or on such later date as deter

mined by the Administrator of the mum authorized under § 191.34.

Veterans Administration, as would be $191.34 Maximum limitation on benefits. applicable if section 1712 of Title 38,

(a) In no event may assistance be United States Code, were applicable. provided under this subpart for any individual for a period in excess of 45



Part 200 201



203 205



Page Employee responsibilities and conduct ....

489 Rules and procedures applicable to commodity

transactions financed by A.I.D. ......
Overseas shipments of supplies by voluntary non-
profit relief agencies...........


528 Registration of agencies for voluntary foreign aid. 532 Payments to and on behalf of participants in nonmilitary economic development training programs .................................................................................

536 Debarment, suspension and ineligibility ............ 537 Non-discrimination in federally-assisted programs

of the Agency for International Development-
effectuation of Title VI of the Civil Rights Act
of 1964 ..................

544 Donation of dairy products to assist needy per

sons overseas (section 416 Foreign Donation

553 Transfer of food commodities for use in disaster

relief and economic development, and other as

Public information ...................................
Collection of claims.........

587 Advisory committee management .......

593 Regulations for implementation of Privacy Act of 1974 ...............

600 Environmental procedures..........

611 Nondiscrimination on the basis of handicap in

programs and activities receiving or benefiting
from Federal financial assistance






562 580


214 215



« PreviousContinue »