§ 553. — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC553]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 10--PAYMENTS TO MISSING PERSONS
Sec. 553. Allotments; continuance, suspension, initiation,
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 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.
(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.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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553(a)................................ 50 App. 1003 (1st sentence). Mar. 7, 1942, ch. 166, Sec. 3, 56
50 App. 1003 (2d sentence, less Stat. 144; Dec. 24, 1942, ch. 828,
553(b)................................ provisos). Sec. 1 (1st par.), Stat. 1092;
50 App. 1003 (1st proviso of 2d July 1, 1944, ch. 371, Sec. 3, 58
553(c)................................ sentence). Stat. 680.
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 sentence). Mar. 7, 1942, ch. 166, Sec. 6 (1st
50 App. 1014 (as applicable to Sec. sentence and 2d sentence, as
1006 (1st sentence)). applicable to allotments); added
50 App. 1006 (2d sentence, as Dec. 24, 1942, ch. 828, Sec. 1
applicable to allotments). (4th par.), 56 Stat. 1093; Apr. 4,
553(g)................................ 1953, ch. 17, Sec. 1(b), 67 Stat.
21; Aug. 14, 1964, Pub. L. 88-428,
Sec. 1(5), 78 Stat. 437.
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.
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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).
Section Referred to in Other Sections
This section is referred to in sections 557, 559 of this title;
title 10 section 1524.
