US (United States) Code. Title 37. Chapter 10: Payments to missing persons

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC CHAPTER 10 - PAYMENTS TO MISSING PERSONS 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-MISC1-

Sec.

551. Definitions.

552. Pay and allowances; continuance while in a missing

status; limitations.

553. Allotments; continuance, suspension, initiation,

resumption, or increase while in a missing status;

limitations.

554. Travel and transportation; dependents; household and

personal effects; trailers; additional movements;

motor vehicles; sale of bulky items; claims for

proceeds; appropriation chargeable.

555. Secretarial review.

556. Secretarial determinations.

557. Settlement of accounts.

558. Income tax deferment.

559. Benefits for members held as captives.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

1986 - Pub. L. 99-399, title VIII, Sec. 806(a)(2), Aug. 27, 1986,

100 Stat. 885, added item 559.

1972 - Pub. L. 92-477, Sec. 1(1), Oct. 9, 1972, 86 Stat. 793,

inserted "trailers; additional movements;" after "household and

personal effects;" in item 554.

1966 - Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 625,

added chapter 10 and items 551 to 558.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 sections 1482, 1511,

1524; title 18 section 1923; title 38 section 107.

-End-

-CITE-

37 USC Sec. 551 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 551. Definitions

-STATUTE-

In this chapter:

(1) The term "dependent", with respect to a member of a

uniformed service, means -

(A) his spouse;

(B) his unmarried child (including an unmarried dependent

stepchild or adopted child) under 21 years of age;

(C) his dependent mother or father;

(D) a dependent designated in official records; and

(E) a person determined to be dependent by the Secretary

concerned, or his designee.

(2) The term "missing status" means the status of a member of a

uniformed service who is officially carried or determined to be

absent in a status of -

(A) missing;

(B) missing in action;

(C) interned in a foreign country;

(D) captured, beleaguered, or besieged by a hostile force; or

(E) detained in a foreign country against his will.

(3) The term "pay and allowances" means -

(A) basic pay;

(B) special pay;

(C) incentive pay;

(D) basic allowance for housing;

(E) basic allowance for subsistence; and

(F) station per diem allowances for not more than 90 days.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 625;

amended Pub. L. 99-145, title XIII, Sec. 1301(g), Nov. 8, 1985, 99

Stat. 737; Pub. L. 100-26, Sec. 8(e)(10), Apr. 21, 1987, 101 Stat.

287; Pub. L. 105-85, div. A, title VI, Sec. 603(d)(1)(D), Nov. 18,

1997, 111 Stat. 1782.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

551(1) 50 App. 1001. Mar. 7, 1942, ch. 166,

Sec. 1, 56 Stat. 143;

July 1, 1944, ch. 371,

Sec. 1, 58 Stat. 679;

Aug. 14, 1964, Pub. L.

88-428, Sec. 1(1), (2),

78 Stat. 437.

551(2) 50 App. 1002(a) (22d Mar. 7, 1942, ch. 166,

through 66th words of 1st Sec. 2(a) (22d through

sentence, for definition 66th and 96th through

purposes). 120th words of 1st

sentence, for definition

purposes); added July 1,

1944, ch. 371, Sec. 2,

58 Stat. 679; Apr. 4,

1953, ch. 17, Sec. 1(a),

67 Stat. 21; Aug. 29,

1957, Pub. L. 85-217,

Sec. 1(b) (1st par.), 71

Stat. 491; Aug. 14,

1964, Pub. L. 88-428,

Sec. 1(3)(A), 78 Stat.

437.

551(3)

50 App. 1002(a) (96th

through 120th words of

1st sentence, for

definition purposes).

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

The words "In this chapter" are substituted for "For the purpose

of this Act".

In clause (1), the words "with respect to a member of a uniformed

service" are inserted for clarity. In clause (1)(A), the word

"lawful" is omitted as unnecessary in view of the accepted

recognition of the fact that the word "wife" means a lawful wife.

In clause (1)(E), the words "Secretary concerned, or his designee"

are substituted for "head of the department concerned, or

subordinate designated by him" to conform to the definition in 37

U.S.C. 101(5). The definitions of "person", "active service", and

"department", respectively, in 50 App. U.S.C. 1001(a)(1), (b), and

(d) are omitted as unnecessary in view of the definitions of

"member", "uniformed services", "active service", and "Secretary

concerned", in 37 U.S.C. 101(3), (5), (20), and (23).

The definitions in clauses (2) and (3), which do not appear in,

but are based on, the source law are created for legislative

convenience.

AMENDMENTS

1997 - Par. (3)(D). Pub. L. 105-85 substituted "housing" for

"quarters".

1987 - Pub. L. 100-26 substituted "In this chapter:" for "In this

chapter - ", inserted "The term" at beginning of pars. (1) to (3),

and substituted period for semicolon at end of par. (1) and period

for "; and" at end of par. (2).

1985 - Par. (1)(A). Pub. L. 99-145 substituted "spouse" for

"wife".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title; title

10 sections 701, 1032, 1035, 1095a, 2181, 4342, 6954, 9342, 12301;

title 26 section 112.

-End-

-CITE-

37 USC Sec. 552 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 552. Pay and allowances; continuance while in a missing

status; limitations

-STATUTE-

(a) A member of a uniformed service who is on active duty or

performing inactive-duty training, and who is in a missing status,

is -

(1) for the period he is in that status, entitled to receive or

have credited to his account the same pay and allowances, as

defined in this chapter, to which he was entitled at the

beginning of that period or may thereafter become entitled; and

(2) for the period, not to exceed one year, required for his

hospitalization and rehabilitation after termination of that

status, under regulations prescribed by the Secretaries

concerned, with respect to incentive pay, considered to have

satisfied the requirements of section 301 of this title so as to

entitle him to a continuance of that pay.

However, a member who is performing full-time training duty or

other full-time duty without pay, or inactive-duty training with or

without pay, is entitled to the pay and allowances to which he

would have been entitled if he had been on active duty with pay.

Notwithstanding section 1523 of title 10 or any other provision of

law, the promotion of a member while he is in a missing status is

fully effective for all purposes.

(b) The expiration of a member's term of service while he is in a

missing status does not end his entitlement to pay and allowances

under subsection (a). Notwithstanding the death of a member while

in a missing status, entitlement to pay and allowances under

subsection (a) ends on the date -

(1) the Secretary concerned receives evidence that the member

is dead; or

(2) that his death is prescribed or determined under section

555 of this title or under chapter 76 of title 10.

(c) A member is not entitled to pay and allowances under

subsection (a) for a period during which he is officially

determined to be absent from his post of duty without authority,

and he is indebted to the United States for payments from amounts

credited to his account for that period.

(d) A member who is performing full-time training duty or

inactive-duty training is entitled to the benefits of this section

only when he is officially determined to be in a missing status

that results from the performance of duties prescribed by competent

authority.

(e) A member in a missing status who is continued in that status

under section 555 of this title or under chapter 76 of title 10 is

entitled to be credited with pay and allowances under subsection

(a).

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 625;

amended Pub. L. 92-169, Sec. 1, Nov. 24, 1971, 85 Stat. 489; Pub.

L. 92-482, Oct. 12, 1972, 86 Stat. 796; Pub. L. 93-26, Sec. 1, Apr.

27, 1973, 87 Stat. 26; Pub. L. 102-25, title VII, Sec. 702(b)(1),

(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106, div. A, title V,

Sec. 569(c)(2), Feb. 10, 1996, 110 Stat. 351.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

552(a) 50 App. 1002(a) (1st Mar. 7, 1942, ch. 166,

sentence, less last 46 Sec. 2(a); added July 1,

words). 1944, ch. 371, Sec. 2,

58 Stat. 679; Apr. 4,

1953, ch. 17, Sec. 1(a),

67 Stat. 21; Aug. 29,

1957, Pub. L. 85-217,

Sec. 1(b) (1st par.), 71

Stat. 491; Aug. 14,

1964, Pub. L. 88-428,

Sec. 1(3), 78 Stat. 437.

50 App. 1014 (as Mar. 7, 1942, ch. 166,

applicable to Sec. Sec. 14 (as applicable

1002(a) (1st sentence)). to Sec. 2(a) (1st and

last sentences)), 56

Stat. 147; Apr. 4, 1953,

ch. 17, Sec. 1(e), 67

Stat. 21.

552(b) 50 App. 1002(a) (last 46

words of 1st sentence,

and 2d sentence).

552(c) 50 App. 1002(a) (3d

sentence).

552(d) 50 App. 1002(a) (last

sentence).

50 App. 1014 (as

applicable to Sec.

1002(a) (last sentence)).

552(e) 50 App. 1006 (2d sentence Mar. 7, 1942, ch. 166,

as applicable to pay and Sec. 6 (2d sentence, as

allowances). applicable to pay and

allowances); added Dec.

24, 1942, ch. 828, Sec.

1 (4th par.), 56 Stat.

1093; Aug. 14, 1964,

Pub. L. 88-428, Sec.

1(5)(B), 78 Stat. 437.

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the first 22 words are substituted for 50 App.

U.S.C. 1002(a) (1st 66 words) to conform to the definitions in 37

U.S.C. 101(3), (18), (20), (22), and (23) and revised section

551(2) of this chapter. The words "pay and allowances, as defined

in this chapter," are substituted for the enumeration of pay and

allowances in 50 App. U.S.C. 1002(a) (1st sentence) to conform to

the definition in revised section 551(3) of this chapter. The words

"on active duty" are substituted for "performing full-time active

duty" to conform to the definition in 37 U.S.C. 101(18).

In subsection (b), the first sentence is substituted for 50 App.

U.S.C. 1002(a) (1st 21 words of 2d sentence). The words "or

employment" are omitted as inapplicable to members of the uniformed

services. The words "entitlement to pay and allowances under

subsection (a) of this section" are substituted for "Such

entitlement to pay and allowances" for clarity. The words

"Notwithstanding the death of a member while in a missing status"

are substituted for 50 App. U.S.C. 1002(a) (2d sentence, less 1st

21 words). The word "member" is substituted for "person" and the

word "Secretary" is substituted for "department" to conform to the

definitions in 37 U.S.C. 101(5) and (23).

In subsection (c), the words "A member" are substituted for "such

person". The words "under subsection (a) of this section" are

inserted for clarity. The words "United States" are substituted for

"Government" to conform to the style of title 37.

In subsection (d), the words "A member . . . he . . . in a

missing status" are substituted for "Persons", "such persons", and

the enumerated absent stata to conform to the definitions in 37

U.S.C. 101(23) and revised section 551(2) of this chapter.

In subsection (e), the words "A member in a missing status" are

substituted for "a person missing under the conditions specified in

section 2 of this Act" to conform to the definition in revised

section 551(2) of this chapter. The words "under subsection (a) of

this section" are substituted for "as provided in section 2 of this

Act".

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 569(c)(2)(A),

substituted "for all purposes" for "for all purposes, even though

the Secretary concerned determines under section 556(b) of this

title that the member died before the promotion was made".

Subsec. (b)(2). Pub. L. 104-106, Sec. 569(c)(2)(B), inserted "or

under chapter 76 of title 10" before period at end.

Subsec. (e). Pub. L. 104-106, Sec. 569(c)(2)(C), inserted "or

under chapter 76 of title 10" after "section 555 of this title".

1991 - Subsecs. (b), (c), (e). Pub. L. 102-25 struck out "of this

section" after "subsection (a)" wherever appearing.

1973 - Subsec. (a). Pub. L. 93-26 provided for full effectiveness

for all purposes of promotion of a member while he is in a missing

status notwithstanding a determination of the Secretary of death of

the member before the making of the promotion.

1972 - Subsec. (a). Pub. L. 92-482 designated existing provisions

as cl. (1), added cl. (2), and struck out provisions relating to

effectiveness of the promotion of a member of the uniformed

services while he is in a missing status and the Secretary

concerned determines under section 556(b) of this title that the

member died before the promotion was made.

1971 - Subsec. (a). Pub. L. 92-169 provided that promotion of a

member of the uniformed services while he is in a missing status is

fully effective for all purposes even though the Secretary

concerned determines that the member died before the promotion was

made.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2 of Pub. L. 93-26 provided that: "For the purposes of

chapter 13 [Sec. 1301 et seq.] of title 38, United States Code,

this Act [amending this section] becomes effective as of November

24, 1971. For all other purposes this Act becomes effective as of

February 28, 1961."

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-169 effective for the purposes of chapter

13 (Sec. 1301 et seq.) of Title 38, Veterans' Benefits, on Nov. 24,

1971, and for all other purposes effective as of Feb. 28, 1961, see

section 3 of Pub. L. 92-169, set out as a note under section 1302

of Title 38.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 553, 555, 556, 557, 559

of this title; title 26 sections 112, 6013.

-End-

-CITE-

37 USC Sec. 553 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 553. Allotments; continuance, suspension, initiation,

resumption, or increase while in a missing status; limitations

-STATUTE-

(a) Notwithstanding the end of the period for which it was made,

an allotment, including one for the purchase of United States

savings bonds, made by a member of a uniformed service before he

was in a missing status may be continued for the period he is

entitled to pay and allowances under section 552 of this title.

(b) When there is no allotment in effect, or when it is

insufficient for a purpose authorized by the Secretary concerned,

he, or his designee, may authorize new allotments or increases in

allotments that are warranted by the circumstances and payable for

the period the member is entitled to pay and allowances under

section 552 of this title.

(c) The total of all allotments from the pay and allowances of a

member in a missing status may not be more than the amount of pay

and allowances he is permitted to allot under regulations

prescribed by the Secretary concerned.

(d) A premium paid by the United States on insurance issued on

the life of a member which is unearned because it covers a period

after his death reverts to the appropriation of the department

concerned.

(e) Subject to subsections (f) and (g), the Secretary concerned,

or his designee, may, when he considers it in the interest of the

member, his dependents, or the United States, direct the

initiation, continuance, discontinuance, increase, decrease,

suspension, or resumption of payments of allotments from the pay

and allowances of a member entitled to pay and allowances under

section 552 of this title.

(f) When the Secretary concerned officially reports that a member

in a missing status is alive, the payments of allotments authorized

by subsections (a)-(d) may, subject to section 552 of this title,

be made until the date on which, in a case covered by section 555

of this title, the Secretary concerned receives evidence, or, in a

case covered by chapter 76 of title 10, the Secretary concerned

determines pursuant to that chapter, that the member is dead or has

returned to the controllable jurisdiction of the department

concerned.

(g) A member in a missing status who is continued in that status

under section 555 of this title or under chapter 76 of title 10 is

entitled to have the payments of allotments authorized by

subsections (a)-(d) continued, increased, or initiated.

(h) When the Secretary concerned considers it essential for the

well-being and protection of the dependents of a member on active

duty (other than a member entitled to pay and allowances under

section 552 of this title), he may, with or without the consent,

and subject to termination at the request, of the member -

(1) direct the payment of a new allotment from the pay of the

member;

(2) increase or decrease the amount of an allotment made by the

member; and

(3) continue payment of an allotment of the member which has

expired.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 626;

amended Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 104-106, div. A, title V, Sec.

569(c)(3), Feb. 10, 1996, 110 Stat. 351.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

553(a) 50 App. 1003 (1st Mar. 7, 1942, ch. 166,

sentence). Sec. 3, 56 Stat. 144;

Dec. 24, 1942, ch. 828,

Sec. 1 (1st par.), Stat.

1092; July 1, 1944, ch.

371, Sec. 3, 58 Stat.

680.

553(b)

553(c)

50 App. 1003 (2d

sentence, less provisos).

50 App. 1003 (1st proviso

of 2d sentence).

553(d) 50 App. 1003 (2d proviso

of 2d sentence)

553(e) 50 App. 1004. Mar. 7, 1942, ch. 166,

Sec. 4, 56 Stat. 144;

Dec. 24, 1942, ch. 828,

Sec. 1 (2d par.), 56

Stat. 1093; July 1,

1944, ch. 371, Sec. 4,

58 Stat. 680.

553(f) 50 App. 1006 (1st Mar. 7, 1942, ch. 166,

sentence). Sec. 6 (1st sentence and

2d sentence, as

applicable to

allotments); added Dec.

24, 1942, ch. 828, Sec.

1 (4th par.), 56 Stat.

1093; Apr. 4, 1953, ch.

17, Sec. 1(b), 67 Stat.

21; Aug. 14, 1964, Pub.

L. 88-428, Sec. 1(5), 78

Stat. 437.

553(g)

50 App. 1014 (as

applicable to Sec. 1006

(1st sentence)).

50 App. 1006 (2d

sentence, as applicable

to allotments).

553(h) 50 App. 1007. Mar. 7, 1942, ch. 166,

Sec. 7, 56 Stat. 145;

Aug. 14, 1964, Pub. L.

88-428, Sec. 1(6), 78

Stat. 437.

Mar. 7, 1942, ch. 166,

Sec. 14 (as applicable

to Sec. 6 (1st

sentence)), 56 Stat.

147; Apr. 4, 1953, ch.

17, Sec. 1(e), 67 Stat.

21.

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the words "a member of a uniformed service . .

. in a missing status . . . he . . . under section 552 of this

title" are substituted for "any person . . . under section 2 of

this Act . . . his absence", for clarity and to conform to the

definition in revised section 551(2) of this chapter. The words

"except as otherwise herein provided" are omitted as unnecessary.

In subsection (b), the words "Secretary concerned, he, or his

designee," are substituted for "head of the department concerned .

. . head of the department concerned, or such subordinate as he may

designate" to conform to the definition in 37 U.S.C. 101(5). The

word "member" is substituted for "person" to conform to the

definition in 37 U.S.C. 101(23).

In subsection (c), the words "in effect" are omitted as

unnecessary. The words "member in a missing status" are substituted

for "absent person" to conform to the definition in revised section

551(2) of this chapter.

In subsection (d), the words "United States" are substituted for

"Government" to conform to the style of title 37. The word "member"

is substituted for "person" to conform to the definition in 37

U.S.C. 101(23).

In subsection (e), the words "Secretary concerned, or his

designee," are substituted for "head of the department concerned,

or such subordinates as he may designate," to conform to the

definition in 37 U.S.C. 101(5). The words "United States" are

substituted for "Government" to conform to the style of title 37.

The words "when he considers it" are substituted for "When

circumstances are deemed to justify such action". The word "member"

is substituted for "person".

In subsection (f), the words "When the Secretary concerned

officially reports that a member in a missing status" are

substituted for "When it is officially reported by the head of the

department concerned that a person missing under the conditions

specified in section 2 of this Act". The words "the payments of

allotments authorized by subsections (a)-(d) of this section may,

subject to section 552 of this title . . . until the date the

Secretary concerned" are substituted for "the payments authorized

by section 3 of this Act are, subject to the provisions of section

2 of this Act, authorized to be made for a period not to extend

beyond the date of the receipt by the head of the department

concerned". The words "the member" are substituted for "the missing

person".

In subsection (g), the words "A member in a missing status" are

substituted for "a person missing under the conditions specified in

section 2 of this Act".

In subsection (h), the words "Secretary concerned" are

substituted for "head of the department concerned." The words "a

member on active duty" are substituted for "of persons in active

service" to conform to the definitions in 37 U.S.C. 101(20) and

(23). In clause (2), the words "heretofore or hereafter" are

omitted as unnecessary.

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-106, Sec. 569(c)(3)(A),

substituted "the date on which, in a case covered by section 555 of

this title, the Secretary concerned receives evidence, or, in a

case covered by chapter 76 of title 10, the Secretary concerned

determines pursuant to that chapter, that" for "the date the

Secretary concerned receives evidence that".

Subsec. (g). Pub. L. 104-106, Sec. 569(c)(3)(B), inserted "or

under chapter 76 of title 10" after "section 555 of this title".

1991 - Subsecs. (e) to (g). Pub. L. 102-25 struck out "of this

section" after "subsections (f) and (g)" in subsec. (e) and after

"subsections (a)-(d)" in subsecs. (f) and (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 557, 559 of this title;

title 10 section 1524.

-End-

-CITE-

37 USC Sec. 554 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 554. Travel and transportation; dependents; household and

personal effects; trailers; additional movements; motor vehicles;

sale of bulky items; claims for proceeds; appropriation

chargeable

-STATUTE-

(a) In this section, "household and personal effects" and

"household effects" may include, in addition to other authorized

weight allowances, two privately owned motor vehicles which may be

shipped at United States expense. Under regulations prescribed by

the Secretaries concerned, and in place of the transportation of

household and personal effects, a dependent, who would otherwise be

entitled to transportation of household and personal effects under

this section, may transport a house trailer or mobile dwelling

within and between the areas specified in section 409 of this title

for use as a residence by one of the following means -

(1) transport it and be reimbursed by the United States;

(2) deliver it to an agent of the United States for

transportation by the United States or by commercial means; or

(3) have it transported by commercial means, and be reimbursed

by the United States.

If a trailer or dwelling is transported under clause (2) or (3),

that transportation may include two privately owned motor vehicles

which may be shipped at United States expense. Transportation, and

incidental costs, authorized by this section shall be at United

States expense without any cost limitation, and any payment

authorized may be made in advance of the transportation concerned.

(b) Transportation (including packing, crating, drayage,

temporary storage, and unpacking of household and personal effects)

may be provided for the dependents and household and personal

effects of a member of a uniformed service on active duty (without

regard to pay grade) who is officially reported as dead, injured,

ill, or absent for a period of more than 29 days in a missing

status -

(1) to the member's official residence of record;

(2) to the residence of his dependent, next of kin, or other

person entitled to custody of the effects, under regulations

prescribed by the Secretary concerned; or

(3) on request of the member (if injured or ill), or his

dependent, next of kin, or other person described in clause (2),

to another location determined in advance or later approved by

the Secretary concerned, or his designee.

When he considers it necessary, the Secretary concerned may, with

respect to the household and personal effects of a member who is

officially reported as absent for a period of more than 29 days in

a missing status, authorize the nontemporary storage of those

effects for a period of one year, or longer when justified. In

addition, he may authorize additional movements of, and prescribe

transportation for, the dependents and household and personal

effects, or the dependents and house trailer or mobile dwelling, of

a member who is officially reported as absent for a period of more

than one year in a missing status.

(c) When a member described in subsection (b) is in an injured or

ill status, transportation of dependents and household and personal

effects authorized by this section may be provided only when

prolonged hospitalization or treatment is anticipated.

(d) Transportation requested by a dependent may be authorized

under this section only if there is a reasonable relationship

between the circumstances of the dependent and the requested

destination.

(e) In place of the transportation for dependents authorized by

this section, and after the travel is completed, the Secretary

concerned may authorize -

(1) reimbursement for the commercial cost of the

transportation; or

(2) a monetary allowance at the prescribed rate for all, or

that part, of the travel for which transportation in kind is not

furnished.

(f) The Secretary concerned may store the household and personal

effects of a member described in subsection (b) until proper

disposition can be made. The cost of the storage and transportation

(including packing, crating, drayage, temporary storage, and

unpacking) of household and personal effects shall be charged

against appropriations currently available.

(g) The Secretary concerned may, when he determines that there is

an emergency and a sale would be in the best interests of the

United States, provide for the public or private sale of motor

vehicles and other bulky items of household and personal effects of

a member described in subsection (b). Before a sale, and if

practicable, a reasonable effort shall be made to determine the

desires of the interested persons. The net proceeds received from

the sale shall, under regulations prescribed by the Secretary

concerned, be sent to the owner or other persons. If there are no

such persons, or if they or their addresses are not known within

one year from the date of sale, the net proceeds may be covered

into the Treasury as miscellaneous receipts.

(h) Claims for net proceeds that are covered into the Treasury

under subsection (g) may be filed with the Secretary of Defense by

the rightful owners, their heirs or next of kin, or their legal

representatives at any time before the end of a 5-year period from

the date the proceeds are covered into the Treasury. When a claim

is filed, the Secretary of Defense shall allow or disallow it. A

claim that is allowed shall be paid from the appropriation for

refunding money erroneously received and covered. If a claim is not

filed before the end of the 5-year period from the date the

proceeds are covered into the Treasury, it is barred from being

acted on by the courts or the Secretary of Defense.

(i) If a motor vehicle of a member (or a dependent of the member)

that is transported at the expense of the United States under this

section does not arrive at the authorized destination of the

vehicle by the designated delivery date, the Secretary concerned

shall reimburse the dependent for expenses incurred after that date

to rent a motor vehicle for the dependent's use. The amount

reimbursed may not exceed $30 per day, and the rental period for

which reimbursement may be provided expires after 7 days or on the

date on which the delayed vehicle arrives at the authorized

destination (whichever occurs first). In a case in which two motor

vehicles of a member (or the dependent or dependents of a member)

are transported at the expense of the United States, no

reimbursement is payable under this subsection unless both motor

vehicles do not arrive at the authorized destination of the

vehicles by the designated delivery date.

(j) This section does not amend or repeal -

(1) section 2575, 2733, 4712, 6522, or 9712 of title 10;

(2) section 507 of title 14; or

(3) chapter 171 of title 28.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 627;

amended Pub. L. 90-83, Sec. 5(2), Sept. 11, 1967, 81 Stat. 221;

Pub. L. 90-236, Jan. 2, 1968, 81 Stat. 764; Pub. L. 90-623, Sec.

3(7), Oct. 22, 1968, 82 Stat. 1315; Pub. L. 92-477, Sec. 1, Oct. 9,

1972, 86 Stat. 793; Pub. L. 93-548, Sec. 3, Dec. 26, 1974, 88 Stat.

1743; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 102-190, div. A, title X, Sec.

1063(a), Dec. 5, 1991, 105 Stat. 1476; Pub. L. 104-316, title II,

Sec. 202(s), Oct. 19, 1996, 110 Stat. 3845; Pub. L. 105-261, div.

A, title VI, Sec. 653(d), Oct. 17, 1998, 112 Stat. 2052; Pub. L.

107-314, div. A, title VI, Sec. 622(a), (b), Dec. 2, 2002, 116

Stat. 2571.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

554(a) 50 App. 1012 (14th Mar. 7, 1942, ch. 166,

sentence). Sec. 12, 56 Stat. 146;

Feb. 12, 1946, ch. 6,

Sec. 1(a), 60 Stat. 5;

Aug. 29, 1951, ch. 356,

Sec. 1, 65 Stat. 207;

Apr. 4, 1953, ch. 17,

Sec. 1(d), 67 Stat. 21;

Aug. 29, 1957, Pub. L.

85-217, Sec. 1(d), 71

Stat. 492; Aug. 14,

1964, Pub. L. 88-428,

Sec. 1(8), 78 Stat. 437.

554(b)

50 App. 1012 (1st

sentence).

50 App. 1014 (as Mar. 7, 1942, ch. 166,

applicable to Sec. 1012 Sec. 14 (as applicable

(1st sentence)). to Sec. 12 (1st

sentence)), 56 Stat.

147; Apr. 4, 1953, ch.

17, Sec. 1(e), 67 Stat.

21.

554(c) 50 App. 1012 (12th

sentence).

554(d) 50 App. 1012 (13th

sentence).

554(e) 50 App. 1012 (11th

sentence).

554(f) 50 App. 1012 (9th and

10th sentences).

554(g) 50 App. 1012 (2d-4th

sentences).

554(h) 50 App. 1012 (5th-7th

sentences).

554(i) 50 App. 1012 (8th

sentence).

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the words "Beginning June 25, 1950, and" are

omitted as executed. The words "In this section" are substituted

for "for the purposes of this section only, the terms". The words

"not to exceed" are omitted as unnecessary. The words "outside the

United States, or in Alaska or Hawaii" are substituted for "outside

the continental limits of the United States or in Alaska" to

conform to the definition in 37 U.S.C. 101(1).

In subsection (b), the words "Transportation . . . may be

provided" are substituted for "may be moved". The words "a member

of a uniformed service on active duty . . . or absent for a period

of more than 29 days in a missing status" are substituted for "any

person in active service . . . absent for a period of thirty days

or more in any status listed in section 2 of this Act", for clarity

and to conform to the definitions in 37 U.S.C. 101(20) and (23) and

revised section 551(2) of this chapter. In clause (1), the words

"the member's" are substituted for "for any such person". In clause

(2), the words "under . . . prescribed . . . Secretary concerned"

are substituted for "in accordance with . . . issued . . . head of

the department concerned". In clause (3), the words "on request of

the member" are substituted for "upon the person's application".

The words "other person described in clause (2)" are substituted

for "such . . . other person". The words "Secretary concerned, or

his designee" are substituted for "head of the department concerned

or by such person as he may designate".

In subsection (c), the words "a member described in subsection

(b) of this section" are substituted for "the person". The words

"transportation . . . authorized by this section" are substituted

for "the movement . . . provided for herein". The words "provided .

. . when" are substituted for "authorized . . . in cases where".

In subsection (d), the words "requested by a dependent may be

authorized under . . . only" are substituted for "No . . . shall be

authorized pursuant to . . . upon application by dependents

unless". The words "condition and" are omitted as unnecessary.

In subsection (e), the words "In place . . . the Secretary

concerned" are substituted for "In lieu . . . the head of the

department concerned". In clause (1), the words "reimbursement for"

are substituted for "the payment in money of amounts equal to". The

words "in lieu of transportation", the second time they appear, are

omitted as unnecessary. In clause (2), the words "at the prescribed

rate" are substituted for "as authorized by law".

In subsection (f), the words "Secretary concerned" are

substituted for "head of the department concerned". The words "a

member described in subsection (b) of this section" are substituted

for "the person". The words "such time as" are omitted as

unnecessary.

In subsection (g), the words "Secretary concerned" are

substituted for "head of the department concerned", in 50 App.

U.S.C. 1012 (2nd and 4th sentences). The words "United States" are

substituted for "Government"; and the words "a member described in

subsection (b) of this section" are substituted for "the person",

in 50 App. U.S.C. 1012 (2d sentence). The words "under . . .

prescribed" are substituted for "in accordance with . . . issued",

and the word "known" is substituted for "ascertainable", in 50 App.

U.S.C. 1012 (4th sentence).

In subsection (h), the words "under subsection (g) of this

section" are substituted for "under the authority of this section",

in 50 App. U.S.C. 1012 (5th sentence).

In subsection (i), the words "the provisions of" are omitted as

unnecessary. Clause (3) is substituted for "the Federal Tort Claims

Act (60 Stat. 842-847), as amended," to reflect the correct

citation of that Act.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314, Sec. 622(a), substituted

"two privately owned motor vehicles" for "one privately owned motor

vehicle" in introductory and concluding provisions.

Subsec. (i). Pub. L. 107-314, Sec. 622(b), inserted at end "In a

case in which two motor vehicles of a member (or the dependent or

dependents of a member) are transported at the expense of the

United States, no reimbursement is payable under this subsection

unless both motor vehicles do not arrive at the authorized

destination of the vehicles by the designated delivery date."

1998 - Subsecs. (i), (j). Pub. L. 105-261 added subsec. (i) and

redesignated former subsec. (i) as (j).

1996 - Subsec. (h). Pub. L. 104-316 substituted "Secretary of

Defense" for "General Accounting Office" wherever appearing.

1991 - Subsec. (a). Pub. L. 102-25, Sec. 702(b)(2), struck out

"of this subsection" after "clause (2) or (3)".

Subsecs. (c), (f) to (h). Pub. L. 102-25, Sec. 702(b)(1), struck

out "of this section" after "subsection (b)" in subsecs. (c), (f),

(g), and (h) and after "subsection (g)" in subsec. (h).

Subsec. (i)(1). Pub. L. 102-190 substituted "6522, or 9712" for

"4713, 6522, 9712, or 9713".

1974 - Subsec. (b). Pub. L. 93-548, Sec. 3(1)(A), inserted "ill,"

after "injured,".

Subsec. (b)(3). Pub. L. 93-548, Sec. 3(1)(B), inserted "or ill"

after "injured".

Subsec. (c). Pub. L. 93-548, Sec. 3(2), inserted "or ill" before

"status".

1972 - Pub. L. 92-477, Sec. 1(1), inserted "trailers; additional

movements;" after "household and personal effects;" in section

catchline.

Subsec. (a). Pub. L. 92-477, Sec. 1(2), authorized at Government

expense without cost limitation and under prescribed regulations

the transportation of house trailers or mobile dwellings, including

a privately owned motor vehicle, in place of household and personal

effects of members in a missing status.

Subsec. (b). Pub. L. 92-477, Sec. 1(3), authorized additional

movements of and transportation for dependents and household and

personal effects, or dependents and house trailer or mobile

dwelling of members in a missing status for more than one year.

1968 - Subsec. (b). Pub. L. 90-623 substituted "29" for

"twenty-nine".

Pub. L. 90-236 inserted provision authorizing nontemporary

storage of household and personal effects of a member who is

officially reported as absent for a period of more than 29 days in

a missing status.

1967 - Subsec. (a). Pub. L. 90-83 struck out "when it is located

outside the United States, or in Alaska or Hawaii" after "shipped

at United States expense".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VI, Sec. 622(c), Dec. 2, 2002, 116

Stat. 2571, provided that: "The amendments made by subsection (a)

[amending this section] shall apply with respect to members whose

eligibility for benefits under section 554 of title 37, United

States Code, commences on or after the date of the enactment of

this Act [Dec. 2, 2002]."

EFFECTIVE DATE OF 1998 AMENDMENT

For provisions relating to the applicability of amendment by Pub.

L. 105-261, see section 653(e) of Pub. L. 105-261, set out as a

note under section 2634 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 4 of Pub. L. 93-548 provided that: "The amendments made

by section 3 of this Act [amending this section] shall apply with

respect to members of the uniformed services incapacitated by

illness on or after January 1, 1974."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 407 of this title.

-End-

-CITE-

37 USC Sec. 555 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 555. Secretarial review

-STATUTE-

(a) Except as provided in subsection (d), when a member of a

uniformed service entitled to pay and allowances under section 552

of this title has been in a missing status, and the official report

of his death or of the circumstances of his absence has not been

received by the Secretary concerned, he shall, before the end of a

12-month period in that status, have the case fully reviewed. After

that review and the end of the 12-month period in a missing status,

or after a later review which shall be made when warranted by

information received or other circumstances, the Secretary

concerned, or his designee, may -

(1) if the member can reasonably be presumed to be living,

direct a continuance of his missing status; or

(2) make a finding of death.

(b) When a finding of death is made under subsection (a), it

shall include the date death is presumed to have occurred for the

purpose of -

(1) ending the crediting of pay and allowances;

(2) settlement of accounts; and

(3) payment of death gratuities.

That date is -

(A) the day after the day on which the 12-month period in a

missing status ends; or

(B) if the missing status has been continued under subsection

(a), the day determined by the Secretary concerned, or his

designee.

(c) For the sole purpose of determining status under this

section, a dependent of a member on active duty is treated as if he

were a member. Any determination made by the Secretary concerned,

or his designee, under this section is conclusive on all other

departments and agencies of the United States. This subsection does

not entitle a dependent to pay, allowances, or other compensation

to which he is not otherwise entitled.

(d) This section does not apply in a case to which section 1502

of title 10 applies.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 628;

amended Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 104-106, div. A, title V, Sec.

569(c)(1), Feb. 10, 1996, 110 Stat. 351.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

555(a) 50 App. 1005 (1st and 2d Mar. 7, 1942, ch. 166,

sentences). Sec. 5, 56 Stat. 145;

Dec. 24, 1942, ch. 828,

Sec. 1 (3d par.), 56

Stat. 1093; Aug. 14,

1964, Pub. L. 88-428,

Sec. 1(4), 78 Stat. 437.

50 App. 1014 (as Mar. 7, 1942, ch. 166,

applicable to Sec. 1005 Sec. 14 (as applicable

(1st sentence)). to Sec. 5 (1st

sentence)), 56 Stat.

147; Apr. 4, 1953, ch.

17, Sec. 1(e), 67 Stat.

21.

555(b) 50 App. 1005 (less 1st

and 2d sentences).

555(c) 50 App. 1009(b) (as Mar. 7, 1942, ch. 166,

applicable to Sec. 1005). Sec. 9(b) (as applicable

to Sec. 5); added Aug.

29, 1957, Pub. L.

85-217, Sec. 1(c), 71

Stat. 492.

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the words "member of a uniformed service" are

substituted for "person". The words "in a missing status" and "in

that status" are substituted for "absence" in three places. The

words "Secretary concerned" are substituted for "head of the

department concerned" in two places. In the second sentence, the

words "or his designee" are supplied on authority of 50 App. U.S.C.

1009 which is codified in part in revised section 556(a) of this

chapter. In clause (1), the words "member" and "his" are

substituted for "person's" and "person", respectively.

In subsection (b), the words "under subsection (a) of this

section" are inserted for clarity. In clause (A), the words "day on

which the 12-month period in a missing status ends" are substituted

for "day of expiration of an absence of twelve months". In clause

(B), the words "under subsection (a) of this section" are

substituted for "as hereinbefore authorized". The words "Secretary

concerned" are substituted for "head of the department concerned."

The words "or his designee" are supplied on authority of 50 App.

U.S.C. 1009(a) which is codified in part in revised section 556(a)

of this chapter.

In subsection (c), the first sentence is substituted for 50 App.

U.S.C. 1009(b) (1st 31 words, as applicable to Sec. 1005). The

words "Secretary concerned" are substituted for "head of the

department concerned". The words "or his designee" are supplied on

authority of 50 App. U.S.C. 1009(a) which is codified in part in

revised section 556(a) of this chapter. The words "departments and

agencies of the United States" are substituted for "departments of

the Government" in view of the definition of "department" in 50

App. U.S.C. 1001(d). The words "This subsection does not entitle"

are substituted for "Provided, That nothing in this section shall

be construed as conferring . . . any right".

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 569(c)(1)(A),

substituted "Except as provided in subsection (d), when" for

"When".

Subsec. (d). Pub. L. 104-106, Sec. 569(c)(1)(B), added subsec.

(d).

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)" in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 552, 553, 556, 557 of

this title; title 10 section 701.

-End-

-CITE-

37 USC Sec. 556 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 556. Secretarial determinations

-STATUTE-

(a) The Secretary concerned, or his designee, may make any

determination necessary to administer this chapter and, when so

made, it is conclusive as to -

(1) death or finding of death;

(2) the fact of dependency under this chapter;

(3) the fact of dependency for the purpose of paying six

months' death gratuities authorized by law;

(4) the fact of dependency under any other law authorizing the

payment of pay, allowances, or other emoluments to enlisted

members of the armed forces, when the payments are contingent on

dependency;

(5) any other status covered by this chapter;

(6) an essential date, including one on which evidence or

information is received by the Secretary concerned; and

(7) whether information received concerning a member of a

uniformed service is to be construed and acted on as an official

report of death.

Paragraphs (1), (5), (6), and (7) only apply with respect to a case

to which section 555 of this title applies.

(b) When the Secretary concerned, in a case to which section 555

of this title applies, receives information that he considers

establishes conclusively the death of a member of a uniformed

service, he shall, notwithstanding any earlier action relating to

death or other status of the member, act on it as an official

report of death. After the end of the 12-month period in a missing

status prescribed by section 555 of this title, the Secretary

concerned, or his designee, shall, when he considers that the

information received, or a lapse of time without information,

establishes a reasonable presumption that a member in a missing

status is dead, make a finding of death.

(c) The Secretary concerned, or his designee, may determine the

entitlement of a member to pay and allowances under this chapter,

including credits and charges in his account, and that

determination is conclusive. An account may not be charged or

debited with an amount that a member captured, beleaguered, or

besieged by a hostile force may receive or be entitled to receive

from, or have placed to his credit by, the hostile force as pay,

allowances, or other compensation.

(d) The Secretary concerned, or his designee, may, when warranted

by the circumstances, reconsider a determination made under this

chapter, and change or modify it.

(e) When the account of a member has been charged or debited with

an allotment paid under this chapter, the amount so charged or

debited shall be recredited to the account of the member if the

Secretary concerned, or his designee, determines that the payment

was induced by fraud or misrepresentation to which the member was

not a party.

(f) Except an allotment for an unearned insurance premium, an

allotment paid from pay and allowances of a member for the period

he is entitled to pay and allowances under section 552 of this

title may not be collected from the allottee as an overpayment when

it was caused by delay in receiving evidence of death. An allotment

payment for a period after the end of entitlement to pay and

allowances under this chapter, or otherwise, which was caused by

delay in receiving evidence of death, may not be collected from the

allottee or charged against the pay of the deceased member.

(g) The Secretary concerned, or his designee, may waive the

recovery of an erroneous payment or overpayment of an allotment to

a dependent if he considers recovery is against equity and good

conscience.

(h) For the sole purpose of determining pay under this section, a

dependent of a member of a uniformed service on active duty is

treated as if he were a member. Any determination made by the

Secretary concerned, or his designee, under this section in a case

to which section 555 of this title applies is conclusive on all

other departments and agencies of the United States. This

subsection does not entitle a dependent to pay, allowances, or

other compensation to which he is not otherwise entitled.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 629;

amended Pub. L. 104-106, div. A, title V, Sec. 569(c)(4), Feb. 10,

1996, 110 Stat. 351.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

556(a) 50 App. 1009(a) (1st and Mar. 7, 1942, ch. 166,

2d sentences). Sec. 9(a) (less 5th and

last sentences); added

July 1, 1944, ch. 371,

Sec. 5, 58 Stat. 680;

Apr. 4, 1953, ch. 17,

Sec. 1(c), 67 Stat. 21;

Aug. 29, 1957, Pub. L.

85-217, Sec. 1(c), 71

Stat. 492.

50 App. 1010. Mar. 7, 1942, ch. 166,

Sec. 10, 56 Stat. 145;

July 1, 1944, ch. 371,

Sec. 6, 58 Stat. 681;

Aug. 14, 1964, Pub. L.

88-428, Sec. 1(7), 78

Stat. 437.

556(b) 50 App. 1009(a) (3d and

4th sentences).

556(c) 50 App. 1009(a) (6th

sentence, less last

proviso).

50 App. 1014 (as Mar. 7, 1942, ch. 166,

applicable to Sec. Sec. 14 (as applicable

1009(a) (1st proviso of to Sec. 9(a) (1st

6th sentence)). proviso of 6th

sentence)), 56 Stat.

147; Apr. 4, 1953, ch.

17, Sec. 1(e), 67 Stat.

21.

556(d) 50 App. 1009(a) (7th

sentence).

556(e) 50 App. 1009(a) (last

proviso of 6th sentence).

556(f) 50 App. 1009(a) (8th

sentence).

556(g) 50 App. 1009(a) (9th

sentence).

556(h) 50 App. 1009(b) (as Mar. 7, 1942, ch. 166,

applicable to Sec. 1009). Sec. 9(b) (as applicable

to Sec. 9); added Aug.

29, 1957, Pub. L.

85-217, Sec. 1(c), 71

Stat. 492.

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the words "Secretary concerned, or his

designee," are substituted for "head of the department concerned,

or such subordinate as he may designate,". The words "for the

purposes of this Act" are omitted as unnecessary. The words "final

and" in 50 App. U.S.C. 1010 are omitted as unnecessary and for

consistency with 50 App. U.S.C. 1009(a) (1st sentence). In clause

(2), the words "under this chapter" are substituted for "under the

provisions of this Act". In clause (4), the words "enlisted members

of the armed forces" are substituted for "enlisted personnel in the

Army, Navy, Air Force, Marine Corps, and Coast Guard of the United

States" to conform to the definition in 37 U.S.C. 101(4). In clause

(5), the words "covered by this chapter" are substituted for "dealt

with by this Act". In clause (6), the words "by the Secretary

concerned" are substituted for "in such department or by the head

thereof". In clause (7), the word "member" is substituted for

"person".

In subsection (b), the words "Secretary concerned . . . a member

of a uniformed service, he shall . . . the member, act on it" are

substituted for "any person . . . department concerned, action

shall be taken thereon . . . such person". In the second sentence,

the words "After the end of the 12-month period in a missing

status" are substituted for "If the twelve months' absence . . .

has expired". The words "the Secretary concerned, or his designee"

are inserted for clarity. The words "a member" are substituted for

"any person". The words "missing status" are substituted for

"missing or other status" in view of the definition in revised

section 551(2) of this chapter. The words "is dead" are substituted

for "is no longer alive" for consistency with references in this

section to "death".

In subsection (c), the words "Secretary concerned, or his

designee . . . may . . . a member . . . under this chapter" are

substituted for "head of the department concerned, or by such

subordinate as he may designate . . . are authorized to . . . any

person . . . under provisions of this Act". The words "a member"

are substituted for "any person". The words "captured, beleaguered,

or besieged by a hostile force" are substituted for "in the hands

of a hostile force" on authority of 50 App. U.S.C. 1014.

In subsection (d), the words "Secretary concerned, or his

designee" are substituted for "head of the department concerned, or

such subordinate as he may designate". The words "under this

chapter" are substituted for "authorized to be made by this Act".

In subsection (e), the words "a member . . . allotment paid under

this chapter" are substituted for "any person . . . allotments paid

pursuant to this Act". The words "the member if the Secretary

concerned, or his designee . . . the payment . . . the member" are

substituted for "such person's . . . in any case in which . . . the

head of the department concerned, or such subordinate as he may

designate . . . such person".

In subsection (f), the words "may not be collected" are

substituted for "shall not be subject to collection" in two places.

The word "member" is substituted for "person".

In subsection (g), the words "Secretary concerned, or his

designee," are substituted for "head of the department concerned,

or such subordinate as he may designated,".

In subsection (h), the first sentence is substituted for 50 App.

U.S.C. 1009(b) (1st 33 words, as applicable to Sec. 1009). The

words "Secretary concerned" are substituted for "head of the

department concerned." The words "or his designee" are supplied on

authority of 50 App. U.S.C. 1009(a) which is codified in part in

revised section 556(a) of this chapter. The words "departments and

agencies of the United States" are substituted for "departments of

the Government" in view of the definition of "department" in 50

App. U.S.C. 1001(b). The words "This subsection does not entitle"

are substituted for "Provided, That nothing in this section shall

be construed as conferring . . . any right".

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 569(c)(4)(A), inserted

concluding provisions.

Subsec. (b). Pub. L. 104-106, Sec. 569(c)(4)(B), inserted ", in a

case to which section 555 of this title applies," after "When the

Secretary concerned".

Subsec. (h). Pub. L. 104-106, Sec. 569(c)(4)(C), substituted

"determining pay" for "determining status" and inserted "in a case

to which section 555 of this title applies" after "designee, under

this section".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 559 of this title; title

10 section 701; title 26 sections 2, 692; title 38 sections 3501,

3701, 4101, 4215.

-End-

-CITE-

37 USC Sec. 557 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 557. Settlement of accounts

-STATUTE-

(a) The Secretary concerned, or his designee, may settle the

account of -

(1) a member of a uniformed service for whose account payments

have been made under sections 552, 553, and 555 of this title;

and

(2) a survivor of a casualty to a ship, station, or military

installation which results in the loss or destruction of

disbursing records.

That settlement is conclusive on the accounting officers of the

United States in settling the accounts of disbursing officers.

(b) Payment or settlement of an account made pursuant to a

report, determination, or finding of death may not be recovered or

reopened because of a later report or determination which fixes a

date of death. However, an account shall be reopened and settled on

the basis of a date of death so fixed which is later than that used

as a basis for earlier settlements.

(c) In the settlement of his accounts, a disbursing officer is

entitled, if there is no fraud or criminality by him, to credit for

an erroneous payment or overpayment he made in carrying out this

chapter, except section 558 of this title. Unless there is fraud or

criminality by him, recovery may not be made from a civilian

officer or employee or a member of a uniformed service who

authorizes a payment under this chapter, except section 558 of this

title.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 630;

amended Pub. L. 99-145, title XIII, Sec. 1303(b)(11), Nov. 8, 1985,

99 Stat. 741.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

557(a) 50 App. 1011. Mar. 7, 1942, ch. 166,

Sec. 11, 56 Stat. 146.

557(b) 50 App. 1009(a) (5th Mar. 7, 1942, ch. 166,

sentence). Sec. 9(a) (5th and last

sentences); added July

1, 1944, ch. 371, Sec.

5, 58 Stat. 680; Aug.

29, 1957, Pub. L.

85-217, Sec. 1(c), 71

Stat. 492.

557(c)

50 App. 1009(a) (last

sentence).

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

In subsection (a), the words "Secretary concerned, or his

designee," are substituted for "head of the department concerned,

or such person as he may designate,". The words "a member of a

uniformed service" are substituted for "persons". The words "United

States" are substituted for "Government".

In subsection (c), the words "in carrying out this chapter,

except section 558" are substituted for "in carrying out the

provisions of this Act, except sections 13, 16, 17, and 18", since

sections 16 and 17 are scheduled for repeal (see Table II) and

section 18 was previously repealed. The words "under this chapter,

except section 558" are substituted for "under such provisions" for

the reasons stated in the preceding sentence.

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-145 inserted "of this title" after

"558" in two places.

-End-

-CITE-

37 USC Sec. 558 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 558. Income tax deferment

-STATUTE-

Notwithstanding any other provision of law, a Federal income tax

return of, or the payment of a Federal income tax by, a member of a

uniformed service who, at the time the return or payment would

otherwise become due, is in a missing status, does not become due

until the earlier of the following dates -

(1) the fifteenth day of the third month in which he ceased

(except by reason of death or incompetency) being in a missing

status, unless before the end of that fifteenth day he is again

in a missing status; or

(2) the fifteenth day of the third month after the month in

which an executor, administrator, or conservator of the estate of

the taxpayer is appointed.

That due date is prescribed subject to the power of the Secretary

of the Treasury or his delegate to extend the time for filing the

return or paying the tax, as in other cases, and to assess and

collect the tax as provided by sections 6851, 6861, and 6871 of the

Internal Revenue Code of 1986 in cases in which the assessment or

collection is jeopardized and in cases of bankruptcy or

receivership.

-SOURCE-

(Added Pub. L. 89-554, Sec. 5(b), Sept. 6, 1966, 80 Stat. 631;

amended Pub. L. 96-513, title V, Sec. 516(16), Dec. 12, 1980, 94

Stat. 2939; Pub. L. 100-26, Sec. 8(c), Apr. 21, 1987, 101 Stat.

285.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

558 50 App. 1013. Mar. 7, 1942, ch. 166,

Sec. 13, 56 Stat. 146;

Aug. 8, 1947, ch. 515,

Sec. 6, 61 Stat. 918;

Aug. 14, 1964, Pub. L.

88-428, Sec. 1(9), 78

Stat. 437.

--------------------------------------------------------------------

Only that portion of the source law which is applicable to

members of the uniformed services and their dependents is codified

in this section.

The words "in the case of any taxable year beginning after

December 31, 1940" are omitted as unnecessary.

The words "as defined in section 101(3) and (23) of title 37,

United States Code" are omitted as unnecessary since the revised

section is codified in title 37. The words "in a missing status"

are substituted for "absent from his duty station under the

conditions specified in section 2 of the Act" to conform to the

definition in revised section 551(3) of this chapter and in view of

the provisions of revised section 552 establishing the entitlement

of a member in a missing status to receive pay and allowances or

have them credited to his account. Reference to "title 26" is

substituted for "Internal Revenue Code of 1954".

-REFTEXT-

REFERENCES IN TEXT

Sections 6851, 6861, and 6871 of the Internal Revenue Code of

1986, referred to in text, are classified to sections 6851, 6861,

and 6871, respectively, of Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1987 - Pub. L. 100-26 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954" in last sentence.

1980 - Pub. L. 96-513 substituted "the Internal Revenue Code of

1954" for "title 26".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 557 of this title.

-End-

-CITE-

37 USC Sec. 559 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 10 - PAYMENTS TO MISSING PERSONS

-HEAD-

Sec. 559. Benefits for members held as captives

-STATUTE-

(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.

(2) The term "former captive" means a person who, as a member

of the uniformed services, was held in a captive status.

(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.

(4) Any interest accruing under this subsection on -

(A) any amount for which a member is indebted to the United

States under section 552(c) of this title shall be deemed to be

part of the amount due under such section; and

(B) any amount referred to in section 556(f) of this title

shall be deemed to be part of such amount for purposes of such

section.

(5) An allotment under this subsection may be made without regard

to section 553(c) of this title.

(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

(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

Military Justice) that is punishable by dishonorable discharge,

dismissal, or confinement for one year or more.

(B) For the purposes of subparagraph (A), 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) that is later denied

under paragraph (3)(A)(ii) 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) is final and is not subject to judicial review.

-SOURCE-

(Added Pub. L. 99-399, title VIII, Sec. 806(a)(1), Aug. 27, 1986,

100 Stat. 884; amended Pub. L. 100-26, Sec. 8(e)(11), Apr. 21,

1987, 101 Stat. 287; Pub. L. 101-510, div. A, title XIV, Sec.

1484(d)(4), (e)(2), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102-25,

title VII, Sec. 702(b)(1)-(4), (c), Apr. 6, 1991, 105 Stat. 117;

Pub. L. 102-484, div. A, title X, Sec. 1054(a)(6), (c)(2), Oct. 23,

1992, 106 Stat. 2502.)

-REFTEXT-

REFERENCES IN TEXT

Section 802 of the Victims of Terrorism Compensation Act,

referred to in subsec. (c)(2), is section 802 of Pub. L. 99-399,

which is set out as a note under section 5569 of Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1992 - Subsec. (c)(3)(A)(i). Pub. L. 102-484, Sec. 1054(c)(2),

made technical correction to directory language of Pub. L. 102-25,

Sec. 702(b)(4). See 1991 Amendment note below.

Pub. L. 102-484, Sec. 1054(a)(6), made amendment identical to

amendment by Pub. L. 102-25, Sec. 702(b)(4). See 1991 Amendment

note below.

1991 - Subsec. (c)(1). Pub. L. 102-25, Sec. 702(b)(2), struck out

"of this subsection" after "paragraph (3)".

Subsec. (c)(3)(A)(i). Pub. L. 102-25, Sec. 702(b)(4), as amended

by Pub. L. 102-484, Sec. 1054(c)(2), struck out "of this

subparagraph" after "clause (ii)".

Subsec. (c)(3)(B). Pub. L. 102-25, Sec. 702(b)(3), struck out "of

this paragraph" after "subparagraph (A)".

Subsec. (c)(6). Pub. L. 102-25, Sec. 702(b)(2), struck out "of

this subsection" after "paragraph (1)" and after "paragraph

(3)(A)(ii)".

Subsec. (d). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "(c)".

1990 - Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(4),

substituted "August 27, 1986" for "the date of the enactment of the

Victims of Terrorism Compensation Act".

Subsec. (c)(2). Pub. L. 101-510, Sec. 1484(e)(2), inserted "(5

U.S.C. 5569 note)" after "Terrorism Compensation Act".

1987 - Subsec. (a). Pub. L. 100-26 substituted "In this section:"

for "In this section - ", inserted "The term" at beginning of pars.

(1) and (2), and substituted period for "; and" at end of par. (1).

EFFECTIVE DATE; PAYMENTS; INTEREST

Section 806(a)(3) of Pub. L. 99-399 provided that:

"(A)(i) Except as provided in clause (ii), section 559 of title

37, 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 before the date of the enactment of this Act [Aug. 27,

1986], 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

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."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52

F.R. 23421, set out as a note under section 5569 of Title 5,

Government Organization and Employees.

-MISC2-

BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS SELECTED FOR

PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD WAR II

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 667], Oct. 30,

2000, 114 Stat. 1654, 1654A-169, provided that:

"(a) Entitlement of Former Prisoners of War. - Upon receipt of a

claim made in accordance with this section, the Secretary of the

Navy shall pay, from any appropriation currently available to the

Secretary, back pay to any person who, by reason of being interned

as a prisoner of war while serving as a member of the Navy or the

Marine Corps during World War II, was not available to accept a

promotion for which the person had been selected.

"(b) Payment to Surviving Spouse of Deceased Former Member. - In

the case of a person described in subsection (a) who is deceased,

the back pay for that person under this section shall be paid to

the living surviving spouse of that person, if any. If there is no

living surviving spouse, no claim may be paid under this section

with respect to that person.

"(c) Amount of Back Pay. - (1) The amount of back pay payable to

or for a person described in subsection (a) is the amount equal to

the difference between -

"(A) the total amount of basic pay that would have been paid to

that person for service in the Navy or the Marine Corps for the

back-pay computation period if the person had been promoted to

the grade to which selected to be promoted; and

"(B) the total amount of basic pay that was actually paid to or

for that person for such service for the back-pay computation

period.

"(2) For purposes of paragraph (1), the back-pay computation

period for a person covered by subsection (a) is the period -

"(A) beginning on the date (as determined by the Secretary of

the Navy) as of when that person's promotion would have been

effective for pay purposes but for the person's internment as a

prisoner of war; and

"(B) ending on the earliest of -

"(i) the date of the person's discharge or release from

active duty;

"(ii) the date on which the person's promotion to that grade

in fact became effective for pay purposes; and

"(iii) the end of World War II.

"(d) Time Limitations. - (1) To be eligible for a payment under

this section, a claimant must file a claim for such payment with

the Secretary of the Navy within two years after the effective date

of the regulations prescribed to carry out this section.

"(2) Not later than 18 months after receiving a claim for payment

under this section, the Secretary shall determine the eligibility

of the claimant for payment of the claim. Subject to subsection

(f), if the Secretary determines that the claimant is eligible for

the payment, the Secretary shall promptly pay the claim.

"(e) Regulations. - Not later than six months after the date of

the enactment of this Act [Oct. 30, 2000], the Secretary of the

Navy shall prescribe regulations to carry out this section. Such

regulations shall include procedures by which persons may submit

claims for payment under this section.

"(f) Limitation on Disbursement. - (1) Notwithstanding any power

of attorney, assignment of interest, contract, or other agreement,

the actual disbursement of a payment of back pay under this section

may be made only to a person who is eligible for the payment under

subsection (a) or (b).

"(2) In the case of a claim approved for payment but not

disbursed as a result of paragraph (1), the Secretary shall hold

the funds in trust for the person in an interest bearing account

until such time as the person makes an election under such

paragraph.

"(g) Attorney Fees. - Notwithstanding any contract, the

representative of a person may not receive, for services rendered

in connection with the claim of, or with respect to, a person under

this section, more than 10 percent of the amount of a payment made

under this section on that claim.

"(h) Outreach. - The Secretary of the Navy shall take such

actions as are necessary to ensure that the benefits and

eligibility for benefits under this section are widely publicized

by means designed to provide actual notice of the availability of

the benefits in a timely manner to the maximum number of eligible

persons practicable.

"(i) Definition. - In this section, the term 'World War II' has

the meaning given that term in section 101(8) of title 38, United

States Code."

PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN NOVEMBER 4,

1979, AND JANUARY 21, 1981

For payment for individuals in the uniformed services referred to

in subsec. (c) of this section held in captive status between Nov.

4, 1979, and Jan. 21, 1981, see section 802 of Pub. L. 99-399, set

out as a note under section 5569 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1013 of this title; title

10 sections 1095a, 2181.

-End-