CHAPTER 10 —PAYMENTS TO MISSING PERSONS
Editorial Notes
Amendments
2013—
2011—
1990—
1986—
1972—
1966—
§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 unmarried 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.
(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
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 551(1) | 50 App. 1001. | Mar. 7, 1942, ch. 166, §1, |
| 551(2) 551(3) |
50 App. 1002(a) (22d through 66th words of 1st sentence, for definition purposes). 50 App. 1002(a) (96th through 120th words of 1st sentence, for definition purposes). |
Mar. 7, 1942, ch. 166, §2(a) (22d through 66th and 96th through 120th words of 1st sentence, for definition purposes); added July 1, 1944, ch. 371, §2, |
Only that portion of the source law which is applicable to members of the uniformed services and their dependents 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 substituted for "head of the department concerned, or subordinate designated by him" to conform to the definition in
The definitions in clauses (2) and (3), which do not appear in, but are based on, the source law are created for legislative convenience.
Editorial Notes
Amendments
1997—Par. (3)(D).
1987—
1985—Par. (1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§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 training, and who is in a missing status, is—
(1) for the period he is in that status, entitled 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 become entitled; and
(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or
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
(b) The expiration of a member's term of service 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 evidence that the member is dead; or
(2) that his death is prescribed or determined under
(c) A member is not entitled to pay and allowances 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 entitled 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 prescribed by competent authority.
(e) A member in a missing status who is continued in that status under
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 552(a) | 50 App. 1002(a) (1st sentence, less last 46 words). | Mar. 7, 1942, ch. 166, §2(a); added July 1, 1944, ch. 371, §2, |
| 50 App. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st and last sentences)), |
|
| 552(b) | 50 App. 1002(a) (last 46 words of 1st sentence, and 2d sentence). | |
| 552(c) | 50 App. 1002(a) (3d sentence). | |
| 552(d) | 50 App. 1002(a) (last sentence). | |
| 50 App. 1014 (as applicable 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 applicable to pay and allowances); added Dec. 24, 1942, ch. 828, §1 (4th par.), |
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 first 22 words are substituted for 50 App. U.S.C. 1002(a) (1st 66 words) to conform to the definitions in
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 "entitlement to pay and allowances under subsection (a) of this section" are substituted for "Such entitlement to pay and allowances" for clarity. The words "Notwithstanding the death of a member while in a missing status" are substituted for 50 App. U.S.C. 1002(a) (2d sentence, less 1st 21 words). The word "member" is substituted for "person" and the word "Secretary" is substituted for "department" to conform to the definitions in
In subsection (c), the words "A member" are substituted for "such person". The words "under subsection (a) of this section" are inserted for clarity. The words "United States" are substituted for "Government" 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
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
Editorial Notes
Amendments
2017—Subsec. (a)(2).
1996—Subsec. (a).
Subsec. (b)(2).
Subsec. (e).
1991—Subsecs. (b), (c), (e).
1973—Subsec. (a).
1972—Subsec. (a).
1971—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1973 Amendment
Effective Date of 1971 Amendment
Amendment by
§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
(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
(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
(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
(g) A member in a missing status who is continued in that status under
(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
(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
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 553(a) 553(b) 553(c) |
50 App. 1003 (1st sentence). 50 App. 1003 (2d sentence, less provisos). 50 App. 1003 (1st proviso of 2d sentence). |
Mar. 7, 1942, ch. 166, §3, |
| 553(d) | 50 App. 1003 (2d proviso of 2d sentence) | |
| 553(e) | 50 App. 1004. | Mar. 7, 1942, ch. 166, §4, |
| 553(f) 553(g) |
50 App. 1006 (1st sentence). 50 App. 1014 (as applicable to §1006 (1st sentence)). 50 App. 1006 (2d sentence, as applicable to allotments). |
Mar. 7, 1942, ch. 166, §6 (1st sentence and 2d sentence, as applicable to allotments); added Dec. 24, 1942, ch. 828, §1 (4th par.), |
| 553(h) | 50 App. 1007. | Mar. 7, 1942, ch. 166, §7, Mar. 7, 1942, ch. 166, §14 (as applicable to §6 (1st sentence)), |
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
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
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
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
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
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
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
Editorial Notes
Amendments
1996—Subsec. (f).
Subsec. (g).
1991—Subsecs. (e) to (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
(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
(Added
| 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, |
| 50 App. 1014 (as applicable to §1005 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §5 (1st sentence)), |
|
| 555(b) | 50 App. 1005 (less 1st and 2d sentences). | |
| 555(c) | 50 App. 1009(b) (as applicable to §1005). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added Aug. 29, 1957, |
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
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
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 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
Editorial Notes
Amendments
1996—Subsec. (a).
Subsec. (d).
1991—Subsec. (b).
§556. Secretarial determinations
(a) The Secretary concerned, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to—
(1) death or finding of death;
(2) the fact of dependency under this chapter;
(3) the fact of dependency for the purpose of paying six months' death gratuities authorized by law;
(4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency;
(5) any other status covered by this chapter;
(6) an essential date, including one on which evidence or information is received by the Secretary concerned; and
(7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death.
Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which
(b) When the Secretary concerned, in a case to which
(c) The Secretary concerned, or his designee, may determine the entitlement of a member to pay and allowances under this chapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that a member captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
(d) The Secretary concerned, or his designee, may, when warranted by the circumstances, reconsider a determination made under this chapter, and change or modify it.
(e) When the account of a member has been charged or debited with an allotment paid under this chapter, the amount so charged or debited shall be recredited to the account of the member if the Secretary concerned, or his designee, determines that the payment was induced by fraud or misrepresentation to which the member was not a party.
(f) Except an allotment for an unearned insurance premium, an allotment paid from pay and allowances of a member for the period he is entitled to pay and allowances under
(g) The Secretary concerned, or his designee, may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
(h) For the sole purpose of determining pay under this section, a dependent of a member of a uniformed service on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section in a case to which
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 556(a) | 50 App. 1009(a) (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §9(a) (less 5th and last sentences); added July 1, 1944, ch. 371, §5, |
| 50 App. 1010. | Mar. 7, 1942, ch. 166, §10, |
|
| 556(b) | 50 App. 1009(a) (3d and 4th sentences). | |
| 556(c) | 50 App. 1009(a) (6th sentence, less last proviso). | |
| 50 App. 1014 (as applicable to §1009(a) (1st proviso of 6th sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §9(a) (1st proviso of 6th sentence)), |
|
| 556(d) | 50 App. 1009(a) (7th sentence). | |
| 556(e) | 50 App. 1009(a) (last proviso of 6th sentence). | |
| 556(f) | 50 App. 1009(a) (8th sentence). | |
| 556(g) | 50 App. 1009(a) (9th sentence). | |
| 556(h) | 50 App. 1009(b) (as applicable to §1009). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §9); added Aug. 29, 1957, |
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 "Secretary concerned, or his designee," are substituted for "head of the department concerned, or such subordinate as he may designate,". The words "for the purposes of this Act" are omitted as unnecessary. The words "final and" in 50 App. U.S.C. 1010 are omitted as unnecessary and for consistency with 50 App. U.S.C. 1009(a) (1st sentence). In clause (2), the words "under this chapter" are substituted for "under the provisions of this Act". In clause (4), the words "enlisted members of the armed forces" are substituted for "enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States" to conform to the definition in
In subsection (b), the words "Secretary concerned . . . a member of a uniformed service, he shall . . . the member, act on it" are substituted for "any person . . . department concerned, action shall be taken thereon . . . such person". In the second sentence, the words "After the end of the 12-month period in a missing status" are substituted for "If the twelve months' absence . . . has expired". The words "the Secretary concerned, or his designee" are inserted for clarity. The words "a member" are substituted for "any person". The words "missing status" are substituted for "missing or other status" in view of the definition in revised
In subsection (c), the words "Secretary concerned, or his designee . . . may . . . a member . . . under this chapter" are substituted for "head of the department concerned, or by such subordinate as he may designate . . . are authorized to . . . any person . . . under provisions of this Act". The words "a member" are substituted for "any person". The words "captured, beleaguered, or besieged by a hostile force" are substituted for "in the hands of a hostile force" on authority of 50 App. U.S.C. 1014.
In subsection (d), the words "Secretary concerned, or his designee" are substituted for "head of the department concerned, or such subordinate as he may designate". The words "under this chapter" are substituted for "authorized to be made by this Act".
In subsection (e), the words "a member . . . allotment paid under this chapter" are substituted for "any person . . . allotments paid pursuant to this Act". The words "the member if the Secretary concerned, or his designee . . . the payment . . . the member" are substituted for "such person's . . . in any case in which . . . the head of the department concerned, or such subordinate as he may designate . . . such person".
In subsection (f), the words "may not be collected" are substituted for "shall not be subject to collection" in two places. The word "member" is substituted for "person".
In subsection (g), the words "Secretary concerned, or his designee," are substituted for "head of the department concerned, or such subordinate as he may designated,".
In subsection (h), the first sentence is substituted for 50 App. U.S.C. 1009(b) (1st 33 words, as applicable to §1009). 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
Editorial Notes
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (h).
§557. Settlement of accounts
(a) The Secretary concerned, or his designee, may settle the account of—
(1) a member of a uniformed service for whose account payments have been made under
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.
That settlement is conclusive on the accounting officers of the United States in settling the accounts of disbursing officers.
(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlements.
(c) In the settlement of his accounts, a disbursing officer is entitled, if there is no fraud or criminality by him, to credit for an erroneous payment or overpayment he made in carrying out this chapter, except
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 557(a) | 50 App. 1011. | Mar. 7, 1942, ch. 166, §11, |
| 557(b) 557(c) |
50 App. 1009(a) (5th sentence). 50 App. 1009(a) (last sentence). |
Mar. 7, 1942, ch. 166, §9(a) (5th and last sentences); added July 1, 1944, ch. 371, §5, |
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 "Secretary concerned, or his designee," are substituted for "head of the department concerned, or such person as he may designate,". The words "a member of a uniformed service" are substituted for "persons". The words "United States" are substituted for "Government".
In subsection (c), the words "in carrying out this chapter, except section 558" are substituted for "in carrying out the provisions of this Act, except sections 13, 16, 17, and 18", since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words "under this chapter, except section 558" are substituted for "under such provisions" for the reasons stated in the preceding sentence.
Editorial Notes
Amendments
1985—Subsec. (c).
§558. Income tax deferment
Notwithstanding any other provision of law, a Federal income tax return of, or the payment of a Federal income tax by, a member of a uniformed service who, at the time the return or payment would otherwise become due, is in a missing status, does not become due until the earlier of the following dates—
(1) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 558 | 50 App. 1013. | Mar. 7, 1942, ch. 166, §13, |
Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section.
The words "in the case of any taxable year beginning after December 31, 1940" are omitted as unnecessary.
The words "as defined in section 101(3) and (23) of
Editorial Notes
References in Text
Sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6851, 6861, and 6871, respectively, of Title 26, Internal Revenue Code.
Amendments
1987—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§559. Benefits for members held as captives
(a) In this section:
(1) The term "captive status" means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity.
(2) The term "former captive" means a person who, as a member of the uniformed services, was held in a captive status.
(b)(1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under
(2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly.
(3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of
(4) Any interest accruing under this subsection on—
(A) any amount for which a member is indebted to the United States under
(B) any amount referred to in
(5) An allotment under this subsection may be made without regard to
(c)(1) Except as provided in paragraph (3), the President shall make a cash payment to any person who is a former captive. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such person terminates.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act (
(3)(A) The President—
(i) may defer such payment in the case of any former captive who during such one-year period is charged with an offense described in clause (ii), until final disposition of such charge; and
(ii) may deny such payment in the case of any former captive who is convicted of a captivity-related offense—
(I) referred to in subsection (b) or (c) of
(II) under
(B) For the purposes of subparagraph (A), a captivity-related offense is an offense that is—
(i) committed by a person while the person is in a captive status; and
(ii) related to the captive status of the person.
(4) A payment under this subsection is in addition to any other amount provided by law.
(5) Any amount due a person under this subsection shall, after the death of such person, be deemed to be pay and allowances for the purposes of this chapter.
(6) Any payment made under paragraph (1) that is later denied under paragraph (3)(A)(ii) is a claim of the United States Government for purposes of
(d) A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review.
(Added
Editorial Notes
References in Text
Section 802 of the Victims of Terrorism Compensation Act, referred to in subsec. (c)(2), is section 802 of
Amendments
1992—Subsec. (c)(3)(A)(i).
1991—Subsec. (c)(1).
Subsec. (c)(3)(A)(i).
Subsec. (c)(3)(B).
Subsec. (c)(6).
Subsec. (d).
1990—Subsec. (a)(1).
Subsec. (c)(2).
1987—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date; Payments; Interest
"(A)(i) Except as provided in clause (ii),
"(ii)(I) Subsection (c) of such section shall apply to any person whose captive status begins on or after November 4, 1979.
"(II) In the case of any person whose status as a captive terminated before the date of the enactment of this Act [Aug. 27, 1986], the President shall make a payment under paragraph (1) of such subsection before the end of the one-year period beginning on such date.
"(B) Amounts may be allotted to a savings fund established under such section from pay and allowances for any pay period ending after January 21, 1981, and before the establishment of such fund.
"(C) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period."
Recalculation of Previous Payments
"(1) recalculate the amount of back pay to which the person is entitled by reason of the amendment made by subsection (a) [amending
"(2) if the amount of back pay, as so recalculated, exceeds the amount of back pay so paid, pay the person, or the surviving spouse of the person, an amount equal to the excess."
Back Pay for Members of the Navy and Marine Corps Selected for Promotion While Interned as Prisoners of War During World War II
"(a)
"(b)
"(c)
"(A) the total amount of basic pay that would have been paid to that person for service in the Navy or the Marine Corps for the back-pay computation period if the person had been promoted to the grade to which selected to be promoted; and
"(B) the total amount of basic pay that was actually paid to or for that person for such service for the back-pay computation period.
"(2) For purposes of paragraph (1), the back-pay computation period for a person covered by subsection (a) is the period—
"(A) beginning on the date (as determined by the Secretary of the Navy) as of when that person's promotion would have been effective for pay purposes but for the person's internment as a prisoner of war; and
"(B) ending on the earliest of—
"(i) the date of the person's discharge or release from active duty;
"(ii) the date on which the person's promotion to that grade in fact became effective for pay purposes; and
"(iii) the end of World War II.
"(3) The amount determined for a person under paragraph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics.
"(d)
"(2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall determine the eligibility of the claimant for payment of the claim. Subject to subsection (f), if the Secretary determines that the claimant is eligible for the payment, the Secretary shall promptly pay the claim.
"(e)
"(f)
"(2) In the case of a claim approved for payment but not disbursed as a result of paragraph (1), the Secretary shall hold the funds in trust for the person in an interest bearing account until such time as the person makes an election under such paragraph.
"(g)
"(h)
"(i)
Payment to Individuals Held in Captive Status Between November 4, 1979, and January 21, 1981
For payment for individuals in the uniformed services referred to in subsec. (c) of this section held in captive status between Nov. 4, 1979, and Jan. 21, 1981, see section 802 of
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under