§ 555. — Secretarial review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC555]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 10--PAYMENTS TO MISSING PERSONS
Sec. 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 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.
(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.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
555(a)................................ 50 App. 1005 (1st and 2d Mar. 7, 1942, ch. 166, Sec. 5, 56
sentences). 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 applicable to Sec. Mar. 7, 1942, ch. 166, Sec. 14 (as
1005 (1st sentence)). applicable 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 applicable to Mar. 7, 1942, ch. 166, Sec. 9(b)
Sec. 1005). (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.
Section Referred to in Other Sections
This section is referred to in sections 552, 553, 556, 557 of this
title; title 10 section 701.
