37 U.S.C. § 553 — Allotments; continuance, suspension, initi-

Page 220 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 553 115–91, div. A, title VI, § 618(g), Dec. 12, 2017, 131 Stat. 1427.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 552(a) ...... 50 App. 1002(a) (1st sen- tence, less last 46 words). Mar. 7, 1942, ch. 166, § 2(a); 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), 78 Stat. 437. 50 App. 1014 (as applica- ble to § 1002(a) (1st sen- tence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 2(a) (1st and last sen- tences)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 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 sen- tence). 552(d) ...... 50 App. 1002(a) (last sen- tence). 50 App. 1014 (as applica- ble to § 1002(a) (last sentence)). 552(e) ...... 50 App. 1006 (2d sentence as applicable to pay and allowances). Mar. 7, 1942, ch. 166, § 6 (2d sentence, as appli- cable to pay and allow- ances); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093; Aug. 14, 1964, Pub. L. 88–428, § 1(5)(B), 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. 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 ‘‘per- forming full-time active duty’’ to conform to the defi- nition 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 ‘‘entitle- ment to pay and allowances under subsection (a) of this section’’ are substituted for ‘‘Such entitlement to pay and allowances’’ for clarity. The words ‘‘Notwith- standing the death of a member while in a missing sta- tus’’ are substituted for 50 App. U.S.C. 1002(a) (2d sen- tence, less 1st 21 words). The word ‘‘member’’ is sub- stituted for ‘‘person’’ and the word ‘‘Secretary’’ is sub- stituted for ‘‘department’’ to conform to the definitions in 37 U.S.C. 101(5) and (23). In subsection (c), the words ‘‘A member’’ are sub- stituted for ‘‘such person’’. The words ‘‘under sub- section (a) of this section’’ are inserted for clarity. The words ‘‘United States’’ are substituted for ‘‘Govern- ment’’ 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 re- vised 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 chap- ter. The words ‘‘under subsection (a) of this section’’ are substituted for ‘‘as provided in section 2 of this Act’’. Editorial Notes AMENDMENTS 2017—Subsec. (a)(2). Pub. L. 115–91 inserted ‘‘or sec- tion 351(a)(2)’’ after ‘‘section 301’’. 1996—Subsec. (a). Pub. L. 104–106, § 569(c)(2)(A), sub- stituted ‘‘for all purposes’’ for ‘‘for all purposes, even though the Secretary concerned determines under sec- tion 556(b) of this title that the member died before the promotion was made’’. Subsec. (b)(2). Pub. L. 104–106, § 569(c)(2)(B), inserted ‘‘or under chapter 76 of title 10’’ before period at end. Subsec. (e). Pub. L. 104–106, § 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 ap- pearing. 1973—Subsec. (a). Pub. L. 93–26 provided for full effec- tiveness for all purposes of promotion of a member while he is in a missing status notwithstanding a deter- mination of the Secretary of death of the member be- fore the making of the promotion. 1972—Subsec. (a). Pub. L. 92–482 designated existing provisions as cl. (1), added cl. (2), and struck out provi- sions relating to effectiveness of the promotion of a member of the uniformed services while he is in a miss- ing 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 pro- motion 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–26, § 2, Apr. 27, 1973, 87 Stat. 26, provided that: ‘‘For the purposes of chapter 13 [§ 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 Feb- ruary 28, 1961.’’ EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–169 effective for the pur- poses of chapter 13 (§ 1301 et seq.) of Title 38, Veterans’ Benefits, on Nov. 24, 1971, and for all other purposes ef- fective as of Feb. 28, 1961, see section 3 of Pub. L. 92–169, set out as a note under section 1302 of Title 38. § 553. Allotments; continuance, suspension, initi- ation, resumption, or increase while in a missing status; limitations (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 cir- cumstances and payable for the period the mem- ber is entitled to pay and allowances under sec- tion 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 al- Page 221 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 553 lowances he is permitted to allot under regula- tions 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 depart- ment concerned. (e) Subject to subsections (f) and (g), the Sec- retary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the ini- tiation, 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 re- ports that a member in a missing status is alive, the payments of allotments authorized by sub- sections (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 Sec- retary 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 con- cerned. (g) 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 have the payments of allotments authorized by subsections (a)–(d) continued, increased, or initi- ated. (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 al- lotment made by the member; and (3) continue payment of an allotment of the member which has expired. (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 626; amended 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)(3), Feb. 10, 1996, 110 Stat. 351.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 553(a) ...... 553(b) ...... 553(c) ...... 50 App. 1003 (1st sen- tence). 50 App. 1003 (2d sentence, less provisos). 50 App. 1003 (1st proviso of 2d sentence). Mar. 7, 1942, ch. 166, § 3, 56 Stat. 144; Dec. 24, 1942, ch. 828, § 1 (1st par.), Stat. 1092; July 1, 1944, ch. 371, § 3, 58 Stat. 680. 553(d) ...... 50 App. 1003 (2d proviso of 2d sentence) 553(e) ...... 50 App. 1004. Mar. 7, 1942, ch. 166, § 4, 56 Stat. 144; Dec. 24, 1942, ch. 828, § 1 (2d par.), 56 Stat. 1093; July 1, 1944, ch. 371, § 4, 58 Stat. 680. HISTORICAL AND REVISION NOTES—Continued Revised section Source (U.S. Code) Source (Statutes at Large) 553(f) ....... 553(g) ...... 50 App. 1006 (1st sen- tence). 50 App. 1014 (as applica- ble to § 1006 (1st sen- tence)). 50 App. 1006 (2d sentence, as applicable to allot- ments). Mar. 7, 1942, ch. 166, § 6 (1st sentence and 2d sentence, as applicable to allotments); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093; Apr. 4, 1953, ch. 17, § 1(b), 67 Stat. 21; Aug. 14, 1964, Pub. L. 88–428, § 1(5), 78 Stat. 437. 553(h) ...... 50 App. 1007. Mar. 7, 1942, ch. 166, § 7, 56 Stat. 145; Aug. 14, 1964, Pub. L. 88–428, § 1(6), 78 Stat. 437. Mar. 7, 1942, ch. 166, § 14 (as applicable to § 6 (1st sentence)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. 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. In subsection (a), the words ‘‘a member of a uni- formed service . . . in a missing status . . . he . . . under section 552 of this title’’ are substituted for ‘‘any person . . . under section 2 of this Act . . . his ab- sence’’, 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 unneces- sary. In subsection (b), the words ‘‘Secretary concerned, he, or his designee,’’ are substituted for ‘‘head of the department concerned . . . head of the department con- cerned, 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 sub- stituted for ‘‘Government’’ to conform to the style of title 37. The word ‘‘member’’ is substituted for ‘‘per- son’’ 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 depart- ment concerned, or such subordinates as he may des- ignate,’’ to conform to the definition in 37 U.S.C. 101(5). The words ‘‘United States’’ are substituted for ‘‘Gov- ernment’’ to conform to the style of title 37. The words ‘‘when he considers it’’ are substituted for ‘‘When cir- cumstances are deemed to justify such action’’. The word ‘‘member’’ is substituted for ‘‘person’’. In subsection (f), the words ‘‘When the Secretary con- cerned officially reports that a member in a missing status’’ are substituted for ‘‘When it is officially re- ported by the head of the department concerned that a person missing under the conditions specified in sec- tion 2 of this Act’’. The words ‘‘the payments of allot- ments 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, sub- ject to the provisions of section 2 of this Act, author- ized to be made for a period not to extend beyond the date of the receipt by the head of the department con- cerned’’. 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 con- cerned.’’ The words ‘‘a member on active duty’’ are sub- stituted 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. 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- ances; (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 con- cerned, or his designee, under this section is conclusive on all other departments and agen- cies 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. (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 628; amended 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)(1), Feb. 10, 1996, 110 Stat. 351.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 555(a) ...... 50 App. 1005 (1st and 2d sentences). Mar. 7, 1942, ch. 166, § 5, 56 Stat. 145; Dec. 24, 1942, ch. 828, § 1 (3d par.), 56 Stat. 1093; Aug. 14, 1964, Pub. L. 88–428, § 1(4), 78 Stat. 437. 50 App. 1014 (as applica- ble to § 1005 (1st sen- tence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 5 (1st sentence)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. 555(b) ...... 50 App. 1005 (less 1st and 2d sentences). 555(c) ...... 50 App. 1009(b) (as appli- cable to § 1005). Mar. 7, 1942, ch. 166, § 9(b) (as applicable to § 5); added Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 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. 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 sec- tion 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 § 1005). The words ‘‘Secretary concerned’’ are sub- stituted 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 defini- tion of ‘‘department’’ in 50 App. U.S.C. 1001(d). The words ‘‘This subsection does not entitle’’ are sub- stituted for ‘‘Provided, That nothing in this section shall be construed as conferring . . . any right’’. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–106, § 569(c)(1)(A), sub- stituted ‘‘Except as provided in subsection (d), when’’ for ‘‘When’’. Subsec. (d). Pub. L. 104–106, § 569(c)(1)(B), added sub- sec. (d). 1991—Subsec. (b). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’ in two places. § 556. Secretarial determinations (a) The Secretary concerned, or his designee, may make any determination necessary to ad- minister this chapter and, when so made, it is conclusive as to— (1) death or finding of death; (2) the fact of dependency under this chap- ter;