37 U.S.C. § 555 Secretarial Review
| Library | United States Statutes |
| Edition | 2023 |
| Currency | Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31] |
| Year | 2023 |
| Citation | 37 U.S.C. § 555 |
(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.
<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised section</TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>555(a)</TD> <TD>50 App. 1005 (1st and 2d sentences).</TD> <TD>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.</TD> </TR> <TR> <TD> </TD> <TD>50 App. 1014 (as applicable to §1005 (1st sentence)).</TD> <TD>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.</TD> </TR> <TR> <TD>555(b)</TD> <TD>50 App. 1005 (less 1st and 2d sentences).</TD> <TD/> </TR> <TR> <TD>555(c)</TD> <TD>50 App. 1009(b) (as applicable to §1005).</TD> <TD>Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added Aug. 29, 1957, Pub. L. 85-217, §1(c), 71 Stat. 492.</TD> </TR> </TABLE>
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