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37 U.S.C. § 556 — Secretarial determinations

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 556 — Secretarial determinations

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Source location: Title 37, Chapter 10, § 556; chapter-010-payments-to-missing-persons.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) applies. **(b)** When the Secretary concerned, in a case to which [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 552 — Pay and allowances; continuance while in a missing status; limitations

**(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 or [section 351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1523&num=0&edition=prelim) 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 d

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 555 — Secretarial review

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 2 — Definitions and special rules

**(a) Definition of surviving spouse** (1) **In general** — For purposes of section 1, the term “surviving spouse” means a taxpayer— (A) whose spouse died during either of his two taxable years immediately preceding the taxable year, and (B) who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151. (2) **Limitations** — Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse— (A) if the taxpayer has remarried at any time before the close of the taxable year, or (B) unless, for the taxpayer’s taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof). (3) **Special rule where deceased spouse was in missing status** — If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): (A) the date on which the determination is made under [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 692 — Income taxes of members of Armed Forces, astronauts, and victims of certain terrorist attacks on death

**(a) General rule** In the case of any individual who dies while in active service as a member of the Armed Forces of the United States, if such death occurred while serving in a combat zone (as determined under section 112) or as a result of wounds, disease, or injury incurred while so serving— (1) any tax imposed by this subtitle shall not apply with respect to the taxable year in which falls the date of his death, or with respect to any prior taxable year ending on or after the first day he so served in a combat zone; and (2) any tax under this subtitle and under the corresponding provisions of prior revenue laws for taxable years preceding those specified in paragraph (1) which is unpaid at the date of his death (including interest, additions to the tax, and additional amounts) shall not be assessed, and if assessed the assessment shall be abated, and if collected shall be credited or refunded as an overpayment. **(b) Individuals in missing status** For purposes of this section, in the case of an individual who was in a missing status within the meaning of section 6013(f)(3)(A), the date of his death shall be treated as being not earlier than the date on which a determination of his death is made under [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) of the United States Code. Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause subsection (a)(1) to apply for any taxable year beginning more than 2 years after the date designated under section 112 as the date of termination of combatant activities in a combat zone. **(c) Certain military or civilian employees of the United States dying as a result of injuries**

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3501 — Definitions

**(a)** For the purposes of this chapter and chapter 36 of this title— (1) The term “eligible person” means any of the following: (A) A child of a person who, as a result of qualifying service— (i) died of a service-connected disability; or (ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence. (B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service. (C) The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power. (D) (i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence. (E) The spouse or child of a person who— (i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; (ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line

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38 U.S.C. § 3701 — Definitions

**(a)** For the purpose of this chapter, the term “housing loan” means a loan for any of the purposes specified by sections 3710(a) and 3712(a)(1) of this title. **(b)** For the purposes of housing loans under this chapter— (1) The term “World War II” (A) means the period beginning on September 16, 1940, and ending on July 25, 1947, and (B) includes, in the case of any veteran who enlisted or reenlisted in a Regular component of the Armed Forces after October 6, 1945, and before October 7, 1946, the period of the first such enlistment or reenlistment. (2) The term “veteran” includes the surviving spouse of any veteran (including a person who died in the active military, naval, air, or space service) who died from a service-connected disability, but only if such surviving spouse is not eligible for benefits under this chapter on the basis of the spouse’s own active duty. The active duty or service in the Selected Reserve of the deceased spouse shall be deemed to have been active duty or service in the Selected Reserve by such surviving spouse for the purposes of this chapter. (3) The term “veteran” also includes, for purposes of home loans, the spouse of any member of the Armed Forces serving on active duty who is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim), United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power. The active duty of the member shall be deemed to have been active dut

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4101 — Definitions

For the purposes of this chapter— (1) The term “special disabled veteran” has the same meaning provided in [section 4211(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/1&num=0&edition=prelim). (2) The term “veteran of the Vietnam era” has the same meaning provided in [section 4211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/2&num=0&edition=prelim). (3) The term “disabled veteran” has the same meaning provided in [section 4211(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/3&num=0&edition=prelim). (4) The term “eligible veteran” has the same meaning provided in [section 4211(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/4&num=0&edition=prelim). (5) The term “eligible person” means— (A) the spouse of any person who died of a service-connected disability, (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or (C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4215 — Priority of service for veterans in Department of Labor job training programs

**(a) Definitions.—** In this section: (1) The term “covered person” means any of the following individuals: (A) A veteran. (B) The spouse of any of the following individuals: (i) Any veteran who died of a service-connected disability. (ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power. (iii) Any veteran who has a total disability resulting from a service-connected disability. (iv) Any veteran who died while a disability so evaluated was in existence. (2) The term “qualified job training program” means any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor and includes the following: (A) Any such program or service that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services). (B) Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998,11 See References in Text note below. a demonstration or other temporary program, and those programs implemented by States or local service providers based on F

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 556 — Secretarial determinations

Page 222 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 554 Editorial Notes AMENDMENTS 1996—Subsec. (f). Pub. L. 104–106, § 569(c)(3)(A), sub- stituted ‘‘the date on which, in a case covered by sec- tion 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, § 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). [§ 554. Renumbered § 484] § 555. Secretarial review (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 ab- sence 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 re- viewed. 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 war- ranted by information received or other cir- cumstances, the Secretary concerned, or his des- ignee, may— (1) if the member can reasonably be pre- sumed 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 sub- section (a), it shall include the date death is pre- sumed to have occurred for the purpose of— (1) ending the crediting of pay and allow- ance

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