37 U.S.C. § 551 — Definitions

Page 218 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 504 executed by making the insertion after ‘‘Marine Corps,’’ to reflect the probable intent of Congress. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Envi- ronmental Science Services Administration’’. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘Environ- mental Science Services Administration’’ for ‘‘Coast and Geodetic Survey’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) Pub. L. 96–513, set out as a note under section 101 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Or- ganization and Employees. Secretary of Health, Edu- cation, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Edu- cation. § 504. Cadets and midshipmen: chapter does not apply to This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serv- ing elsewhere in the armed forces. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 504 .......... 37:38 (as applicable to payment for leave). Aug. 9, 1946, ch. 931, § 10 (as applicable to pay- ment for leave); added Aug. 4, 1947, ch. 475, § 3 (as applicable to pay- ment for leave), 61 Stat. 749; Sept. 2, 1958, Pub. L. 85–861, § 33(d)(2), 72 Stat. 1567. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 10—PAYMENTS TO MISSING PERSONS Sec. 551. Definitions. 552. Pay and allowances; continuance while in a missing status; limitations. 553. Allotments; continuance, suspension, initi- ation, resumption, or increase while in a missing status; limitations. [554. Repealed.] 555. Secretarial review. 556. Secretarial determinations. 557. Settlement of accounts. 558. Income tax deferment. 559. Benefits for members held as captives. Editorial Notes AMENDMENTS 2013—Pub. L. 112–239, div. A, title X, § 1076(a)(8), Jan. 2, 2013, 126 Stat. 1948, made technical amendment to di- rectory language of Pub. L. 112–81, § 631(f)(3)(B). See 2011 Amendment note below. 2011—Pub. L. 112–81, div. A, title VI, § 631(f)(3)(B), Dec. 31, 2011, 125 Stat. 1465, as amended by Pub. L. 112–239, div. A, title X, § 1076(a)(8), Jan. 2, 2013, 126 Stat. 1948, struck out item 554 ‘‘Travel and transportation; de- pendents; household and personal effects; trailers; addi- tional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable’’. 1990—Pub. L. 101–510, div. A, title XIV, § 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, § 806(a)(2), Aug. 27, 1986, 100 Stat. 885, added item 559. 1972—Pub. L. 92–477, § 1(1), Oct. 9, 1972, 86 Stat. 793, in- serted ‘‘trailers; additional movements;’’ after ‘‘house- hold and personal effects;’’ in item 554. 1966—Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625, added chapter 10 and items 551 to 558. § 551. Definitions 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 un- married 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. Page 219 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 552 (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. (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625; amended Pub. L. 99–145, title XIII, § 1301(g), Nov. 8, 1985, 99 Stat. 737; Pub. L. 100–26, § 8(e)(10), Apr. 21, 1987, 101 Stat. 287; Pub. L. 105–85, div. A, title VI, § 603(d)(1)(D), Nov. 18, 1997, 111 Stat. 1782.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 551(1) ...... 50 App. 1001. Mar. 7, 1942, ch. 166, § 1, 56 Stat. 143; July 1, 1944, ch. 371, § 1, 58 Stat. 679; Aug. 14, 1964, Pub. L. 88–428, § 1(1), (2), 78 Stat. 437. 551(2) ...... 551(3) ...... 50 App. 1002(a) (22d through 66th words of 1st sentence, for defini- tion purposes). 50 App. 1002(a) (96th through 120th words of 1st sentence, for defini- tion purposes). Mar. 7, 1942, ch. 166, § 2(a) (22d through 66th and 96th through 120th words of 1st sentence, for definition pur- poses); added July 1, 1944, ch. 371, § 2, 58 Stat. 679; Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85–217, § 1(b) (1st par.), 71 Stat. 491; Aug. 14, 1964, Pub. L. 88–428, § 1(3)(A), 78 Stat. 437. Only that portion of the source law which is applica- ble to members of the uniformed services and their de- pendents 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 sub- stituted for ‘‘head of the department concerned, or sub- ordinate designated by him’’ to conform to the defini- tion 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 unnec- essary in view of the definitions of ‘‘member’’, ‘‘uni- formed services’’, ‘‘active service’’, and ‘‘Secretary con- cerned’’, in 37 U.S.C. 101(3), (5), (20), and (23). The definitions in clauses (2) and (3), which do not ap- pear in, but are based on, the source law are created for legislative convenience. Editorial Notes 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’’. Statutory Notes and Related Subsidiaries 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. § 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 train- ing, and who is in a missing status, is— (1) for the period he is in that status, enti- tled 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 be- come entitled; and (2) for the period, not to exceed one year, re- quired for his hospitalization and rehabilita- tion after termination of that status, under regulations prescribed by the Secretaries con- cerned, with respect to incentive pay, consid- ered to have satisfied the requirements of sec- tion 301 or section 351(a)(2) 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 sec- tion 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 serv- ice 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 evi- dence 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 allow- ances 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 enti- tled 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 pre- scribed by competent authority. (e) A member in a missing status who is con- tinued 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 sub- section (a). (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625; amended Pub. L. 92–169, § 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92–482, Oct. 12, 1972, 86 Stat. 796; Pub. L. 93–26, § 1, Apr. 27, 1973, 87 Stat. 26; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(2), Feb. 10, 1996, 110 Stat. 351; Pub. L.