MISSING PERSONS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00499R000300010003-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 14, 2016
• Document Release Date: May 27, 2003
• Sequence Number: 3
• Publication Date: March 7, 1942
• Content Type: REGULATION

Approved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0
Li
MISSING PERSONS ACT
ACT MAR. 7, 1942, C. 166, 56 STAT. 143
Sec.
1001. Definitions.
1002. Missing, interned, or captive persons; continuance of fr,-;
and allowances.
1003. Same; continuance or establishment by department head r?f
allotments for dependents and insurance.
1004. Same; continuance, suspension, or resumption of pay airi
allowances by department head; limitation on duration cf
allotments.
1005. Same; departmental review; continuance of missing stattk
or finding of death after year's absence; date of termin; ?
tion of pay and allowances.
1006. Same; payment of allotments in case of captured or interne;
persons until death or return to jurisdiction; pay and
lowances and allotments of persons continued in missing
status.
1007. Authority of department head to create new allotments and
to continue or change amounts of old allotments.
1008. Penalty for fraudulent receipt of payments. ?
100. Determinations by department heads or designees; conclu-
siveness relative to status of personnel, payments, or death
1010. Same; fact of dependency; authority to determine; con-
clusiveness.
1011. Settlement of accounts.
1012. Moving dependents and effects of persons dead, injured, cap-
tured, etc.; apropriations chargeable with cost.
1012a. Authorization of claims for reimbursement; ratification of
prior payments.
1013. Income tax deferment for certain persons in Government
service not in position to pay taxes because of service.
1014. Application of Act to persons besieged by enemy.
1015. Effective date and termination of Act.
1016. Amendment of Civil Service Retirement Act.
1017. Authorization of lotk for Saint Marys Falls Canal, Michigan.
1018. Repealed.
Historical Note
Application to Persons Inducted under
the Selective Service Act of 1948. Not-
withstanding the provisions of section
3 of joint Pies. July 25, 1917, c. 327, 61
Stat. 451, which provided that. in the in-
terpretntion of sections 1001-1016 of this
Appendix the date July 25, 1947 shall be
deemed to be the termination dale of
any state of war theretofore &dared by
Congress and of national emergencies pro-
claimed by the President on Sept. 8,
1939, and May 27, 1941, section 4(0 Of
Act June 24, 1948, c, 625, PIlls I.42
Stat. 908, section 454(e) of this APrien't
provided in part that ace lions 1001-1';'
of this Appendix were deleted from tr.,
operation of section 3 of sit Id Joint Pr'
July 25, 1917, and were made
ble to persons inducted into the arr.:-
forces under the proVisionS of the
lective Service Act of 1948, sections 451--
451 and 455-471 of this Appendix.
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? 1001. Defin
For the, pur
dixj?
(a) the ten
officer, enliste,
Icctive Trainin
or Navy Nurse
officer of the C
ice; and (3)
civilian officers
mcnt of Guam,
or serving out:-
Alaska, exclusi
labor casually I
(b) the term
Navy, Marine I
eluding active
tired and reserv
Survey, the Pili.
formed by the c
(a) (3) above;
(c) the term
of this Appendi
twenty-one year
father, or unma
twenty-one year
in official record
the head of the (
lnm;
(d) the term "
amendment mad,
means any exec
agency (includin
eral Government
1044, c. 371, ? 10
References in Tei
Training and Service
referred to in the tex
}is expired. Similar
(iv/dallied in the Selei
1:i1S, sections 451-434
-1 Plain dix.
1917 Amendment, Si
IT Act May 14, 1917,
elilde within the Pro'
1011_1547 of this APliet
and employees of the 1
inent of Gunn'.
; ACT
STAT. 113
ns ; continuance of
t. by department 1.1,?:;.:.
ranee.
resumption of pay
imitation on duration
itiance of missing statu-
cience; date of termiN:,-
of captured or intern,.
,tirisdiction ; pay and
:is continued in mis:..n'4
2.!ate new allotments Two!
K)Id allotments.
meats.
s or designees; cond.1.
inel, payments, or death
-ity to determine; cen.
losons dead, injured,
)le With with cost.
...sernent; ratification f-4
persons in Government
; because of service.
ii by enemy.
at Act.
-3 Falls Canal, hfichivin
Afay 27, 1141, section 4,4')
24, 19 10, C. 1?0.5. Tin.. I 4,7
wation 451(0 of this Ap7.41/t4"
ii part that sections
2iendix were deleted f rran
I. suction 3 of said Joint
7, arid and were made spri. 4
,ons inducted into OW I
,r the provisions of the tt-t
'lee Act or 1948, seeflons
L 471 of this Appendix.
MISSING PERSONS ACT Tit, 50, App. ?:EOM.
cz, 1001. Definitions
For the, purpose of this Act [sections 1001-1016 of this Appen-
dixa) the term "person" means (1) commissioned officer, warrant
dicer, enlisted person (including persons selected under the Se-
1-ct,ive Trai ung am! Service Act, as amended), member of the Army
of Navy Nurse Corp; (female), wherever serving; (2) commissioned
,:licer of the Coast and Geodetic Survey or the Public Health Serv-
e; and (3) civilian officers and employees of departments and
'ivilian officers and employees of the United States Naval Govern-
ment of Guam, during such time as they may be assigned for duty
serving outside the continental limits of the United States or in
Alaidca, exclusive of part-time or intermittent employees or native
labor casually hired on an hourly or per diem basis
(b) the term "active service" means active service in the Army,
Navy, Marine Corps, and Coast Guard of the United States, in-
Jirding active Federal service performed by personnel of the re-
th.ed and reserve components of these forces, the Coast and Geodetic
survey, the Public Health Service, and active Federal service per-
.orined by the civilian officers and employees defined in paragraph
,a) (3) above;
(c) the term "dependent" as used in this Act [sections 1001-1016
of this Appendix] includes a lawful wife,, unmarried child under
twenty-one years of age. It includes also a dependent mother,
father, or unmarried dependent stepchild or adopted child under
,,,?enty-one years of age, or such dependent as has been designated
a official records, or an individual determined to be dependent by
.!ho head of the department concerned, or subordinate designated by
him;
(d) the term "department", including such term when used in the
4nendment made by section 16 [section 1016 of this Appendix],
ile.ans any executive department, independent establishment, or
rIgency (including corporations) in the executive branch of the Fed-
'Government. Mar. 7, 1942, c. 166, ? 1, 56 Stat. 143; July 1,
1144, c. 371, ? 1, 58 Stat. 679; May 16, 1947, C. 70, ? 1, 61 Stat. 96.
Historical Note
Neferenees in Text. The Selective
1114( and Service Act, as lilt [I'll
,..crtsal to in the text, has liffen 031111 ted
cxpired, Sini ilar Pilevi.A0.115 are new
'..sishied in the Selective Service Act of
.?
-It', sections 451-451 and 455-471 of this
Appendix.
Ito Amendment. Sub see. (n) amended
Act 'Allay 1117, cited to text, to in-
tale within the pro Vitii011)1 of sections
:44-1017 of this Appendix civilian officers
lsd employees of We U. S. Naval (Aovcrn-
-lt Guam,
1914, Amendment. Subsec. (a) (Ii)
amended by Act July 1, 1911, cited to
text, which added ", exclusive of hart-
time Or intermittent employees or native
labor casually hired on an hourly or per
diem basis
Sunsce. (c) amended by Act July 1,
1044, cited to text, which defined de-
pendent in precise terms, instead of re?
furring to "U.S.Code, title 37 sections 8
and 8(a)".
Effective date of 11/14 Amendments.
Section 8 of Act July 1, 1944, cited to
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Tit. 60, App. ? 1001 MISSING PERSONS ACT
text, provided: "The foregoing amend-
ments to such Act [ections 1001-1017 of
this Appendix I shall be effective in nil
resPects as providcd in section 15 of the
Act or March 7, 1942 (56 Slat; 147), as
:intended (56 Stat. ihnli; 50 App., U.S.C.,
Stipp. III, 1015), and puyffilents under the
retro:lc:live provisloits of such amend-
ments are authorized to be p.id from all-
propriations currently available."
Short title. See) ion 7 of Act .1 lily 1,
1944, cited to teat, ninended Act Mar. 7,
1942, cited to text, by adding a new
tinTeLO .11`:1 : 19. Tili8 Act
[Sections 1901 1017 of this Appendix]
may be cited as the 'Missing Persons
Act',".
Application of section to Selective Serv-
ice Act of 1918. Section IS applicable to
Inductees under the. Selective Service Act
of 1918, sections 451-451 and 455 471 of
this Appendix, see note preceding this
section.
Appropriations. Section 2 of Act May
16, 1047, cited to text, provided: "Appro-
priations which have been made or which
may be made for the Navy Department
and the naval service shall be available
and may be used for the payment of
such sums RS may have accrued prior to
JUly 21, 1044, to the credit of, and which
remain unpaid to, civilian officers and em-
ployees of the United States Naval Gov-
ernment of Guam under the provisions
and the authority of Public Law 490 of
the Seventy-seventh Congress approved
March 7, 1942 (56 Stat. 143), as hereto-
fore and herein amended [sections 1001-
1017 of this Appendix]."
Transfer of functions. All functions of
all officers of the Department of the
Treasury, and all functions of all agen-
cies and employees of such Denartimeo
were transferred, with certain exceitip.,..?
to the Secretary of the Treasury, 1,;4.
power vested in him to authorize
performance or the performance ?At
of his functions, by any of such sahs..,'.
agencies, and employees, by 1030
Plan No. 20, ?? 1, 2, elf, July
15 P.R. 4935, 01 Stat. -, set out in ut:.
under section 241 of Title 5, Evtami,,,
Departments and Government
and Employees. The Coast Guard. Nt
ferred to in this section, is generally ),
service in the Treasury Deparlpand, !?,,
Stleil Plan excepted, from the train't!
the functions of the Coast Guard,
of the Commandant thereof, when
Coast Guard is operating RS a part nt
Navy under sections 1 and 3 of Title ti
Coast Guard.
The functions of all officers of Om la
partment of Commerce and all fulatl-n)
of all officers and employees of such is,
:partment, were, with a few exceptitaJ
transferred to the Secretary of Compaq:,
With power vested in him to nutlet-a,
their performance or the perforatam.
of any of his functions by any of
officers, agencies, and employees, by: la'it
Reorg. Plan No. 5, ?? 1, 2, eff. May 2t
1950, 15 P.R. 3174, 04 Stat. 1263, set out
in note under section 591 of Title 1.
Executive Departments and Governimi
Officers and Employees. The Coast sal
Geodetic Survey, referred to in this str-
ton, is an agency within the Depart:1pda
of Commerce.
Congressional Comment: For legis a,
tive history and purpose of Act July 1.
1.914, cited to text, see 1944 G.S.rodit
Cong. Service, p. 1204. See, also, An
May 10, 1947, 1917 U.S,Code Cong. Sent
Ice, p. 1937.
? 1002. Missing, interned, or captive persons; continuance of pay
and allowances
Any person who is in active service and who is officially deter-
mined to be absent in a status of missing, missing in action, interned
in a neutral country, captured by an enemy, beleaguered or besieged
shall, for the period he is officially carried or determined to be in
any such status, be entitled to receive or to have credited to ide
account the same pay and allowances to which he was entitled at
the beginning of such -period of absence or may become entitled
thereafter, and entitlement to pay and allowances shall terminate
upon the date of receipt by the department concerned of evidence
that the person is dead or upon the date of death prescribed or de.
termined under provisions of section 5 of this Act [section 1005 a
this Appendix] : Provided, That such entitlement to pay and allow.
ances shall not terminate upon expiration of term of service during
528
ahSence and in case
earlier than the date:
there shall be no enti
during which such pe
his post of duty with,
Government for any ',-
for such period. Mar-
c. 371, ? 2, 58 Stat. 67(..,"
1911 Amendment. Act ;
cited to text, amended sect
providing, among other 41,::
iffination date of pay and
Application of section to
ice Act of 1918. Section a,
inductees under the SelectL
of 1948, sections 451-451 ul
this Appendix, see note Pr''-
1001 of this Appendix.
Railroad retirement bem.
228e(f) of Title 43, Itailroat
Contract of gratuity 1
Per diem allowances 2
Rate of allowances 3
L Contract or gratuity
Compensation to which
dier was entitled under
seq. of this Appendix fr.
date ho was reported
until official date of deal
Rs a contractual obligati o,
ment and not as a "gra!
payable to executor of
became a part of estate
Oliphant, 1947, 206 S.W.20.
415.
2. rer diem allowances
Where at time army
made a prisoner of the
he was entitled to receiv
lowances for quarters
? 1003. Sante; eon
of allotnu
For the period th,
Act [section 1002 o
Pay and allowance:
prior to the beginn
purchase of United
as otherwise herei;
Tit. ba App. U.S.t
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,
-; ACT
nil emplovees of such Demiri,?,,,
eansforred, with certain
- Seery! at y of the 'Treasury,
vested in him to full Sort,, ?
mauve or the perform:1n,,
functions, by any if such
0m, and employees, by lusu p.?
No. 20, VI 1, 2, err, July 31,
19:15, 64 Stat. ----, set out to
section 34 1 of Title 5, Eke, ..?.?
-,inents and (lover:meta
:iiiployees. The Coast, tioar,
to in this section, is gonpr.c.-
in the Treasury Depariniea.
Plan excepted, from the tri.,,..
notions of the Coast titi)ir.l.
- Commandant thereof, \\ Mai t'
oi,erating is ii port iit -
intim. sections 1 and 3 of Tit!,
on i'd
functions of all officers of :
oil: of Commerce and oil fun,
.silleers and employees of suet: I.
ht, were, with a few exeepi,,,i,
,rred to the Secretary of Comm,
,'rover vested in him to
jiccf,irmance or the 'terror-ion .
of his functions try any of
. agencies, and employees, by
Plan No. 5, ,?? 1, 2, t-ff, 1\bly
ER. 3174, G4 Stat, 1203, fief ri-it
under section 501 of Tilt,' 5.
ive Departments and Covertirm,i
and Employees. The Const ,?
,C Survey, referred to in iii Is
an agency within the Departm,a.
J Ill erce,
sessional Comment: For
-diory and purpose of Act JiiiT
ited to text, see 194-I
Service, p. 1204. See, :11,-0,
19-17, 11117 U.S.Code Cong. F,t,
057.
rsons; continuance of pay.
ind who is officially delyr-
missing in action,
beleaguered or bcsiu
ied or determined to be
Em- to have credited to )17,
which he was entitled w
e or may become entif1f.
illowanees shall termina!,
(int concerned of evider,o-
of death prescribed or
7 this Act [section 1005
itlement to pay and alto' ?
of term of service dorinK
9R0003
MISSING PERSONS ACT Tit. 50, App. ? 1003
nbsence and in case of death during absence shall not terminate
earlier than the dates herein prescribed: Provided further, That
there shall be no entitlement to pay and allowances for any period
"[luring which such person may be officially determined absent from
his post of duty without authority and he shall be indebted to the
Government for any payments from amounts credited to his account
for such period. Mar. 7, 1942, c. 166, ? 2, 56 Stat. 144; July 1, 1944,
? 2, 58 Stat. 679.
Historical Note
Int Amendment. Act .,Fuly 1, 1.1114,
to text, amended section generally,
Ha,vIdtug, among other things, the ter-
aination date of pay and ollowances.
Application of aeetion to Selec-tive Serv-
Ivo Act of 1040. Section as applicable to
,lehictees under the Selective Service Act
4 1148, sections 451-454 and 455-471 of
this Appendix, see note preceding section
poi of this Appendix.
Appropriations. Act June 23, 1042, c,
414, ? 1, 56 Stat. 019, authorized use of
funds appropriated by Sixth Supple-
mental Nniional Defense Appropriation
Act 1042, Act: Apr. 28, 1942, e. 247, 50
Stat. 23:1, under his "NW,' al Emer-
gency l'und", for payments to persons
subject to this section.
Cross References
Railroad retirement benefit of persons to whom this section applies, see section
1:28e(f) of Title 45, Railroads.
Notes
Contract of gratuity 1
Per diem allowances 3
Outs of allowances 8
of Decisions
1. Contract or gratuity
Compensation to which missing sol-
dier was entitled under sections 1001 et
seq. of this Appendix for period from
.date he was reported missing in action
until official date of death was due him
as a contractual obligation of the govern-
ment and not as a "gratuity" and was
payable to executor of his estate and
Immune a part of estate. Campbell v.
Oliphant, 1047, 206 S.W.2d 406, 185 Tenn.
415,
I. Per diem allowances
Where at time army sergeant was
mado a prisoner of the Japanese army
he wds entitled to receive per diem al-
lowunces. for quarters and subsistence
given to permanently assigned person-
nel, sergeant was, under this section pro-
viding for continued pay and at
to military personnel while in cap-
tivity, entitled to have credited to his
pay account during period of captivity,
allowances for subsistence and quarters.
1611cs V. U. S., Ct.C1.1950, 91 F.Supp. 726,
opinion superseded 94 F.Supp. 663.
8. Rate of allowances
Under this section, Army sergeant who
at ti3ne of capture by enemy had been
more than 31 days on temporary duty
with allowances for quarters and sub-
sistence so as to have reverted to actual
pay status of pernitinently assigned en-
listed rnan not provided with rations
and quarters in kind was entitled dur-
ing captivity to allowances at rates set
forth in regulations in force at 'begin-
ning of captivity with the increases pro.
vided In executive orders issued during
captivity. Dilks V. U. S., Ct.C1.1950, 94
F.Su pp. 003.
? 1003. Same; continuance or establishment by department head
of allotments for dependents and insurance
For. the period that any person is entitled under section 2 of this
Act [section 1002 of this Appendix] to receive or be credited with
pay and allowances, such allotments as may have been executed
Prior to the beginning of his absence, including allotments for the
Purchase of United States savings bonds, may be continued, except
as otherwise herein provided, and notwithstanding any expiration
Tit. 50a App. 1.J.S.C.A.-34 529
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CIA-RDP84-00499R000300010003-
Tit.-50, App. ;`4, 1003 31.1S4ING PERSONS ACT
of a period for which an allotment had been executed. In the
sence of an allotment or when an allotment is insufficient for ata?
purpose authorized by the head of the department concerned, swat
new allotments or increases as circumstances are deemed to warrj:.t
may be authorized by the head of the department concerned, us sue?,
subordinate as he may designate, payable during any period of fta.
absent person's eni;itlemunt to pay and allowances under secti,a,
?this Act l.said section] : Provided, That the aggregate of all
lotments in effect, from pay and allowances of an absent per,n,!.
does not exceed the ameuAt of pay and allowances such absent ],
son would be permitted to allot under regulations of the departraehl
concerned: Provided Arther, That any premium paid by the Gov_
eminent on insurance issued on the life of a person, which is un-
earned by reason of being for a period subsequent to the date 01
death of such person, shall revert to the appropriation of the ch,aar-
tnent concerned. Mar. 7, 1942, c. 166, ? 3, 56 Stat. 144; Dec. 24, 1912,
c. 828, ? 1, 56 Stat. 1092; July 1, 1944, c. 371, ? 3, 58 Stat. 680.
Tragtorleal Note
194,4 Amendment, Act July 1, 1014, cited
to text, amended section general y.
1942 Anien dmen t. Act Diic. 24, 1942,
cite5 to text, amended provisos.
? Effoctive date oF 1942 AMel/filllellt.
Section 2 of Act Dec. 21, 1942, cited to
text, provided; "This Ant [Act Dec. 24,
19424 shall be effective in all respects as
provided in section 15 of the Act of
March 7, 1512 (Public Law 490, Sevelity?
seventh Congress) [section 1015 of Ct.,
Appendlxi".
Application of section to Selective ii,ery?
Act of 1943, Section as applicable
inductees under the Selective SOVVif Aet
of 1915, sections 451-154 and 455-111
this Appendix, see note preceding oe
1001 of this Appendix,
? 1004. Same; continuance, suspension, or resumption of pay and
allowances by department head; limitation on duration
of allotments
When circumstances are deemed to justify such action in the in-
terest; of a person entitled to receive or be credited with pay and
allowances under section 2 of this Act [section 1002 of this App,t,:i?
dirt], in the interests of the dependents of such person, or in the in-
terests of the Government, the head of the department concerned, or
such subordinates as he may designate, may direct the initiatic..
continuance, discontinuance, increase, decrease, suspension, or n-
sumption of payments of allotments from the pay and allowanc
of such person, subject to the provisions of suction 6 of this
[section 1006 of this Appendix ]. Mar. 7, 1942, c. 166, ? 4, 56 Stil
144; Dec. 24, 1942, c. 828, ? 1, 56 Stat. 1092; July 1, 1914, c, 371, ? 1.
58 Stat. 680.
Historical Note
1044 Amendment. Act July 1, 1944, cited
to text, amended section generally, pro-
viding, 111110n g other changes, that the
head of the deportment or any designated
subordinates may initiate, discontinue,
increase or decrease payments.
1.4N Anicodnient, Act Dec, 24, 11'
cited to text, amended second sttotriel`?
ltiffeetivo date of 1942 Amendment
Amendment by Act inc. 24, 1942, rile,:
to text, as effeftive Sept. 8, 11W.
note under section 1003 Of this All",
630
Ml
Applicntibn of section to Soles
ite Act of 1948. Section as upp
Inductees under the Selective
? 1005. Same; departnie
or finding of dc
tion of pay and
When the twelve month
absence is about to expire
in actionIvd no official ri
being interim)/ has been
corned shall catse a full
such review and when th
pired, or following any se
be made whenever Warran
curnstances, the head of
direct the continuance of I
may reasonably be presurn
a finding of death. When
the date upon which death
the purposes of terminal
settlements of accounts, an
date shall be the day follol
of twelve months, or in cas,
been continued as hereinbc
by the head, of the departm,
Dec: 24,-1942, O. 828, ? 1, Si
11
1940 Amendment. Act Dec, 24
ched to text, amended section in
tirety.
Effective date of 1940 Amen
Amendment by Act Dec, 24, 1442,
fective Sept. 8, 14:19, see hate mid.
lien 1003 of this Appendix.
hack pay not ffrntatr
/lading of death 2, 8
Effect 3
Purpose
????,*
1, hack pay not gratuity
Pay due soldier at presumptive
death and paid to executrix of his
constituted part of his estate P
under will or inheritance law an
"Nut to state transfer inheritan
and not exempt' therefrom as a gr
In re Millar's 'Estate, 1947, 61 A.f,
no Pa,
CIA-RDP84-00499R000300010003-0
Approved For
RSONS ACT
it had been executed. In the ;1..
allotment is in.sufficient for
r the department concerned,
!umstances are deemed to Warr:,i.it
he department concerned, 01.
payable dUring any period ? ?
and allowances under
(.!(-/, That the aggregate of all
allowances of an absent .
and allowances such absew
regulations of the depari
t any premium paid by the
life of a person, which !:!
.eriod subsequent to the date
the appropriation of the di.,;,:?!;.,
? 3, 56 Stat. 144; Dee. 21, ft
;i44, c. 371, ? 3, 58 Stat. 680,
Noto
-arch 7, 1912 (Public Law 490, Si:
(3mgress) [section 1015 of 0,
),ppend]xl".
po I lean on of section to Selective 1.1rtt..
Act of 1919. Section as applIcahle
ja.101-,08 under the Selective Sender- r.
1918, sections 151-1'51 (Ind .155
;is Appendix, see note preceding se, tbt.
of this Appendix.
.;ion, or resumption of pay and
head; limitation on duratifin
-) justify such action in the in-
or be credited with pay and
[section 1002 of this ..App,n-
ts of such person, or in the in-
t' the department concerned, nr
ate, may direct the initiati,
decrease, suspension, Or t,?
from the pay and allowanc.
;ions of section 6 of this Ael
r. 7, 1942, c. 160, ? 4, 56 Siiit
1092; July 1, 1944, c. 371,
Woto
1.2 Amendment, Act Dec. 21.
1 Cu text, amended second serde""
fictive nate ' of 1042 Anlellfilfirni
-ndment by Act Dec. 24, 1912, 61,4
ext as effective Sept. 8, 1939. s..."
under 8i:ration 1003 ot
003/06/20 : C1A-RDP84-00499R000300010
MISSING PERSONS ACT Tit. 50, App. ? 1005
A pplleurlion of section to Selective Serv-
Act of I.918, Section as applicable to
...Jectces under the Selective Service
Act of 1918, sections 451-154 and 453-171
of this Appendix, see note preceding sec-
tion 1091 of this Appendix.
1005. Same; departmental review; continuance of missing status
or finding of death after year's absence; date of termina-
tion of pay and allowances
When the twelve months' period from date of commencement of
.:!oence is about to expire in any case of a person/Missing or missing
action lipid no official report of death or ofLbeing a prisoner or of
:wing interned/ has been received, the head of the department con-
riled shall cAse a full review of the case to be made. Following
Hilch review and when the twelve months' absence shall have ox-
or following any subsequent review of the case which shall
be made whenever warranted by information received or other cir-
Amstances, the head of the department concerned is authorized to
iireet the continuance of the person's missing status, if the person
:nay reasonably be presumed to-be living, or is authorized to make
a finding of death. When a finding of death is made it shall include
die date upon which death shall be presumed to have occurred for
dle purposes of termination of crediting pay and allowances,
settlements of accounts, and payments of death gratuities and such
date shall be the day following the day of expiration of an absence
of twelve months, or in cases in which the missing status shall have
been continued as hereinbefore authorized, a day to be determined
by the head of the department. Mar. 7, 1942, c. 166, ? 5, 56 Stat. 145;
Dec; 24, 1942, c. 828, ? 1, 56 Stat. 1092.
Historical Note
1942 Amendment, Act Dec. 24, 1942,
'lad to text, amended section in Its en-
may.
Effective date of 1942 Amendtnent.
Amendment by Act Dec. 24, 1012, as ef-
fective Sept. 8, 1039, see note under sec-
tion 1003 of this AppendiX.
Notes of
hark pay not gratuity 1
'lading of death 2, 3
Effect 3
l'Urposo 2
1- Hack pay nut gratuity
PELY- this soldier at presumptive date of
,INith, and -paid to executrix of his estate
T10 nstlhited part of his estate passing
trader will or inheritance law and was
iiiriect to state transfer inheritance tax
yid not exempt therefrom as a gratuity.
In
to Miller's Estate, 1947, 51 .A.20 743,
130 Pa. 50.
Application of section to Selective Serv-
ice Act of 1918. Section as applicable to
inductees under the Selective Service
Act of 1948, sections 451-154 and 455-471
of this Appendix, see note preceding sec-
tion 1001 of this Appendix.
Decisions
2, ifinding of death-Purpose
Section 1002 of this Appendix and this
section providing that one in milliary
service who is missing in action, and as
to whom there is no official report of
death, slim ill have his pay and allowance
credited to his account for one year, and
that after like year the head of his depart-
ment sit ill review Ore case and find him
either dead or still missing, was not in-
tended by Congress to authorize a finding
of presumptive death for any other pur-
pose than those specified in the act, or
to attempt to control the decisions of the
c'oitrt Ill litigation not relevant to the
congressional purpose. In re Thorn
-lung's Estate, 1940, 208 PId 349, 180 Or.
570.
531
-RDP84-00499R000300010003-0
A
Tit. 50, App. e 1005 MISSING PERSONS ACT
S. - Effitiet
Section 1902 of thls Appendix and this
section providing that one in military
Survion who is missing in action, and as
to whom there is no official report of
death, shall hav,t his pay and allowance
credited to his account for one year, and
that after the year the Mimi of his 60-
partment shall review the case and find
him either dead or still missing, fh,)
require Oregon court, for in
purpo sea, to hold that missing ntits,
did not die until a year had clan.4.,1!..
time he was first missing, and In,.
couFt was required to give Om lit,
tion only prima facie effect sad
authorized to determine as 'i1t' '
;tilde the date of death. ThornIturg, t:
tate, 1949, 208 P.2d 349, 186 Or. 1/7it
? 1006. Same; payment of allotments in case of captured or it,
terned persons until death or return to jurisdiction; pa
and allowances and allotments of persons continued
missing status
When it is officially reported by the head of the department.
cerned that a person missing under the conditions specified in :--
tion 2 of this Act [section 1002 of this Appendix] is alive and in t!
hands of an enemy or is interned in a neutral country, the payrn.-:.!
authorized by section 3 of this Act [section 1003 of this Appendil
are, subject to the provisions of section 2 of this Act [section
of this Appendix], authorized to be made for a period not to extP%
beyond the date of the receipt by the head of the department cr.,r,
cerned of evidence that the missing person is dead or has return,-,
to the controllable jurisdiction of the department concerned.
a person missing or missing in action is continued in a missinw
status under section 5 of this Act [section 1005 of this Appendix.
such person shall continue to be entitled to have pay and allowahc,-
credited as provided in section 2 of this Act [section 1002 of tr.,
Appendix] and payments of allotments, as provided in section 3
this Act [section 1003 of this Appendix], are authorized to he co:,
-
tinned, increased, or initiated. Mar. 7, 1942, c. 166, ? 6, 56 Stat. l.
Dec. 24, 1942, c. 828, ? 1, 56 Stat. 1092.
Historical Note
1942 Amendment. Act Dec. 24, 1942,
cited to text, amended section by adding
last sentence.
Effective ditto of 1912 Amendment.
Amendment by Act Dec. 24, 1942, as ef-
fective Sept. 8, 1939, SOO note under
section 1003 of this Appendix.
Application of section to teleet+,
Service Act of 1948. Section as app
Lie to inductees under the Selective S.
ice Act of 1918, sections 451-451 and
471 of this Appendix, see note 'freest:.
section 1001 of this Appendix.
Notes of Decisions
his name taken front the payroll.
V. C'4.1 dell Trost Co., 1918, 62 A Al
2 N..I.8uper, 214.
Date of death 2
payments or allotments stopacs/ 1
1. Payments or allotments stopped
Sections 1009 and 1009 of this Appendix
authorizing a finding of death of a miss-
ing person and date upon which such
death shall be presumed to have oc-
curred merely enable the government to
determine when payment or allottnents of
a missing person should 'be stopped and
2. Date of death
Under N..T.S.A. 2:101-1.1 providing r
certificate of death authorized by
section Should be received in state coir?i
as presumptive evidence of death oi
son named therein, finding of ad.,m.H4
general of Department of the Army
binding only as to date of disappenT1:-,'
of person named therein and as to
532
roved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0
of his death but it
death. Lukens V. 4
al., 194$ 92 A.2d
Sections 1001-1017
acted to enable f,
determlne when ps:
son should be stti,
stricken from parr
ble to determine lea,:
? 1007. Author.
to CO!
The head of t
payment of no
service (other t
this Act [sectio
allowances) to
heretofore or hi
ment of any all
November 1941
the consent of
specific request
head of the dep
well-being and
ice. Mar. 7, 194:
Application of sect
Ice Act of 1948. Se,
inductees Under the
? 1008. Penam
Whoever shal
under this Act [
entitled thereto
of not more tint
year, or both. IV
Application of sec
ice Act of 1048. Sel
indlleteeil under t
t 1009. Detern
elusi'
dean'
The head of
he may design;
necessary in tI
this Appendix]
determinations
of death, as to ;
Appro
S ACT
-if hoc dead or still missing, i,
Oregon court, for Litheritsi..!,
'see, to hold that missing Latvro ,!
-st die until year hind elap...i
he was lirst missing, ii
Ay:us raquived to give the
otil? prima facie effect sot
ring to determine /18 11,ir .
the (111141 pi death. '111,41-,114414,
11/19, 208 l'.2(1 3-19, r. :?
? in case of captured jr 111
- return to jurisdiction ; 14;4'.4
its of persons continued 11n4
lead of the department
2 conditions specified in
Appendix] is alive and in
,ittrai country, the payin,.!...t
,tion 1003 of this Append:,
I 2 of this Act [section 1,
le for a period not to exte,.
!head of the department
.son is dead or has retort!,
2partment concerned. -
t is continued in a mi.tistn;
tion 1005 of this Appendix -
I to have pay and allowatio-
is Act [section 1002 of this
. as provided in section 3
are authorized to he r.Q!
1942, c. 166, ? 6, 56 Stat.
to
.1leation of section to Si"'
o Act of 1948. Section 418 SVP1
inductees under the Sil.e tire
-t of 1918, sections 41,1 454 nod
this Appendix, see note pro, ? /
zi 1001 of this Appendix.
Cilia
me taken from the payroll. I!
:Rhin 'trust Co., 11/1s, (Li A ?!!?r?
Super. 214.
_to of death
or IV.;/.S.A. 2:101-1.1 provitios ? ? i
?ate of death nut horing F!
should be received in sfif,
-stimptive evidence of death
silted therein, dialing of to.1; ttoi
ci of Dep,trtment of the .A tn.?'
,g only as to date of tiloso.coit/
-son named therein and so to
lease 20013/0,6/20 : CIA-RDP84700,499R000
ilL-c-11 oe"
I
MISSING 113:11SONS ACT Tit. 50, App. ? 1000
of his death but not as to duty of his
Loth. Lukens V. Camden Trust Co. et
? 104;1 (12 ?20 886, 2 N.J.Super. 214.
Sections 1001-1017 of this Appendix en-
ftiled to enable federal government to
ditcrotine when pay of a missing per-
should be stopped and his name
? citea from payroll were not applica-
tds to delermine Whether serviceman died
on day he went on bombing mission from
which he never returned, which would
preclude his estate from sharing in re-
siduary estate of a decedent as baying
died before decedent, or whether soldier
died after decedent. Lukens v. Camden
Trust (2o et al., 1918, 02 A.2d 880, 2 N.J.
Super. 214. See, also, In re Wood's ES-
tate, 1940, (12 A.2d 883.
? 1007. Authority of department head to create new allotments and
to continue or change amounts of old allotments
The head of the department concerned is authorized to direct the
1.;iyment of new allotments from the pay of persons in active
zervice (other than persons entitled under section 2 or section 14 of
this Act [section 1002 or 1014 of this Appendix] to receive pay and
allowances) to increase or decrease the amount of any allotment
heretofore or hereafter made by such persons and to continue pay-
ment of any allotments of such person which may have expiredlin
November 1941 and any month subsequent thereto,/ with or without
the consent of such person, subject in all cases to termination by
specific request of such persons, whenever in the judgment of the
head of the department such action is considered essential for the
well-being and protection of dependents of persons in active serv-
ice. Mar. 7, 1942, c. 166, ? 7, 56 Stat, 145.
Historical Note
Application of section to Selective Sorv-
icc Act of 1948. Section as applicable to
inductees under the Selective Service Act
of 1.948, sections 451-454 and 455-471 of
this Appendix, see note preceding section
1001 of this Appendix.
? 1008. Penalty for fraudulent receipt of payments
Whoever shall obtain or receive any money, check, or allotment
under this Act [sections 1001-1016 of this Appendix], without being
entitled thereto, with intent to defraud shall be punished by a fine
of not more than $2,000 or by imprisonment for not more than one
year, or both. Mar. 7, 1942, c. 166, ? 8, 56 Stat. 145.
Historical Note
Application of section to Selective Serv-
ice Act of 1D48. Section as applicable to
inductees under the Selective Service
Act of 1948, sections 451-454 and 455-471
of this Appendix, see note preceding sec-
tion 1001 of this Appendix.
? 1009. Determinations by department heads or designees; con-
clusiveness relative to status of personnel, payments, or
death
The head of the department concerned, or such subordinate as
he may designate, shall have authority to make all determinations
necessary in the administration of this Act [sections 1001-1016 of
this Appendix], and for the purposes of this Act [said sections]
determinations so made shall be conclusive as to death or finding .
of death, as to any other status dealt with by this Act [said sections],
533
: CIA-RDP84-00499R000300010003-0
Tilt. 50, App. ? 1000 MISSING PERSONS ACT
and, as to any essential date including that upon which evidence nr
information is received in such department or by the head thereq.
The determination of the head of the department concerned, or ],f
such subordinate as he may designate, shall be conclusive as
whether information received concerning any person is to be con.
strued and acted upon as an official report of death. When any H.
formation deemed to establish conclusively the death of any per?
is received in the department concerned, action shall be taken there-
on as an official report of death, notwithstanding any prior actii,!,
relating to death or other status of such person. If the t\v,ie,,
months' absence prescribed in section 5 of this Act [section
of this Appendix] has expired, a finding of death shall be mar,
whenever information received, or a lapse of time without informa-
tion, shall be deemed to establish a reasonable presumption that
any person in a missing or other status is no longer alive. Payment
or settlement .of an account made pursuant to a report, determina-
tion, .or finding of death shall not be recovered or reopened by rea-
son of a subsequent report or determination which fixes a date of
death except that an account shall be reopened and settled upon the
basis of any date of death so fixed which is later than that used as
a basis for prior settlement. Determinations are authorized to hi.
-made. by the head of the department concerned, or by such subordi-
nate as he may designate, of entitlement of any person, under pro-
visions of this Act [sections 1001-1016 of this Appendix], to pay
and allowances, including credits and charges in his account, and
all such determinations shall be conclusive: Provided, That no such
account shall be charged or debited with any amount that any person
in the lands 1 of an enemy may receive or be entitled to receive from,
or have placed to his credit by, such enemy as pay, wages, allow-
ances, or other compensation: Provided further, That where the
account of any person has been charged or debited with allotments
paid pursuant to this Act [said sections] any amount so charged
or debited shall be recredited to such person's account in any cine
in which it is determined by the head of the departmoent concerned.
or such subordinate as he may designate, that payment of such
amount was induced by fraud or misrepresentation to which such
person was not a party. When circumstances warrant reconsidera-
tion of any .determination authorized to be made by this Act [said
sections] the head of the department concerned, or such subordinate
as he may designate, may change or modify a previous determina-
tion. Excepting allotments for unearned insurance premiums, any
allotments paid from pay and allowances of any person for thi-
period of the person's entitlement under the provisions of section
Of this Act [section 1002 of this Appendix] to receive or have creili-
ed such pay and allowances shall not be subject to collection fron.
the 'allottee as overpayments when payment thereof has been occa-
sioned by delay in receipt of evidence of death, and any allotme:;:
' payments for periods subsequent to the termination, under this
At [sections. 1001-1016 of this Appendix] or otherwise, of entitle
-
534
ment to pay and allow
sioned by delay in rece
to collection from the
deceased person. The
subordinate as he may
ous payments or overi
recovery .is deemed to
the settlement of the
be allowed for any erro
in carrying out the pr
this Appendix], except
1016, and former sec-tii
absence of fraud or cri,
involved, and no recovei
authorizing any payme
fraud or criminality on
145; July 1, 1944, c, 37]
1 so in original. Probably
nil Amendment. Act Su
cited to text, amended sectio,
APplication of section to Sel
Ice Act Of 1948. Section as al
1. - Conclusiveness of determin
Under this section, deteri,
coinmanding general of Philip
yus Command that plaintiff, a
Philippine Scouts, was not
status during period of Sap,
ration from October 1, 1942,
? 1010. Same; fact of
elusiveness
The determination of
of this Act [sections 10(
of the fact of depende
months' death gratuitiet
of the fact of dependen
laws providing for the
merits to enlisted perso
Coast Guard of the Uni
gent upon dependency,
concerned, or by such so
determination so made s
166, ? 10,56 Stat. 145; .
p oved For Release 2003106/20 C1A-RDP84-00499R000300010003-0
S ACT
that upon which evidence
iwilt or by the head Hber,. f
depart111C11t. COI1Cerlled, <
shall be concl usiv.?
ng any person is t0 be ch
7,ort of death. When am-
vely the death of any
action shall be taken th,-t.?
ithstanding any prior ;mhos
_Audi person. If the
5 of this Act [section ft',-
ing of death shall be mad,
;)se of time without inform.,
-easonable presumption flue.
is no longer alive. Payment
diant to a rePort, determin&-
?.covered or reopened by veil
nation which fixes a date iLf
=opened and settled upon Lt.i.
eh is later than that used us
amtions are authorized to hi
ncerned, or by such subordi-
nt of any person,. under prif.
of this Appendix], to pal
charges in his account, ace
sive: Provided, That no such
any amount that any person,
ir be entitled to receive from,
imemy as pay, wages, allow?
led further, That where
.d or debited with allotmentA
ails] any amount so charged
Derson's account in any ca
Jf the department concerned.
nate, that payment of such
epresentation to which sod,
stances warrant reconsider,i-
o be made by this Act 1.zecd
"teemed, or such subordinate
mdify a previous deternime
.ed insurance premiuMs, any
nces of any person for u"
x the provisions of section
dix] to receive or have credit-
lie subject to -collection from
-ment thereof has been ()cell-
a death, and. any allot11en!
the termination, under lh49
nix] or otherwise, of entitle.
,
ii
MISSING PERSONS ACT Tit. 50, App. 1010
icent to pay and allowances, the payment of which has been occa-
,ioned by delay in receipt of evidence of death, shall not be subject
!o collection from the allottee or charged against the pay of the
.ereased person. The head of the department concerned, or such
selbordinate as he may designate, may waive the recovery of errone-
us payments or overpayments of allotments to dependents when
recovery is deemed to be against equity and good conscience. In
ie settlement of the accounts of any disbursing officer credit shall
cc allowed for any erroneous payment or overpayment made by him
carrying out the provisions of this Act [sections 1001-1010 of
this Appendix], except sections 13, 16, 17, and 18 [sections 1013 and
1U16, and former sections 1017 and 1018 of this Appendix], in the
absence of fraud or criminality on the part of the disbursing officer
involved, and no recovery shall be made from any officer or employee
authorizing. any payment under such provisions in the absence of
1.atici or criminality on his part. Mar. 7, 1942, c. 166, ? 9, 56 Stat.
1.15; July 1, 1944, c. 371, ? 5, 58 Stat. 680.
1So in original. Probably should read "hands",
Historical Note
nil Amendment. Act July 1, 1944,
dad to text, amended section generally.
Application of section to Selective Serv-
ice Aet of 10413.? Section as applicable to
inductees under the Selective Service Act
of 1948, sections 451-454 and 450-471 of
this Appendix, see note preceding section
1001 of this Appendix.
Notes of Decisions
Conclusiveness of determinations
Linder this section, determination of
it general of Pitippine li.yuk-
:4is Command that plaintiff, a member of
Philippine Scouts, was not in casualty
ftatus during period of Japanese oceu-
Vitiou from October 1, 1042, to January
1, MI5, and was not entitled to pay
for that period, was conclusive, and de-
nial of Clain) was not so arbitrary and
capricious as to allow suit to be brought
even if permitted in such eases. Moreno
v. U. S., Ct.Cl.1050, 03 P.Supp, 007.
? 1010. Same; fact of dependency; authority to determine; con-
clusiveness
The determination of the fact of dependency under the provisions
of this Act [sections 1001-1016 of this Appendix], the determination
the fact of dependency for the purpose of payment of all six
months' death gratuities as authorized by law, and the determination
of the fact of dependency under the provisions of any and all other
laws providing for the payment of pay, allowances, or other emolu-
milts to enlisted personnel in the Army, Navy, Marine Corps, and
Coast Guard of the United States where such payments are contin-
gent upon dependency, shall be made by the head of the department
concerned, or by such subordinate as he may designate, and any such
determination so made shall be final and conclusive. Mar. 7, 1942, c.
106, ?-10, 56 Stat. 145; July 1, 1944, c. 371, ? 6, 58 Stat. 681.
535
Approved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0
___,--...?????01111111011166,?
IA-RDP84-00499R000300010003-0
Tit. 50, App. ? 1010 MISSING PERSONS ACT
Historical Note
1914 Amendment. Act July 1, 1944,
cited to text, amended section by in-
serting "the determination of the feet
of dependency for the purpose of pay-
ment of all six months' death gratuities
as an by law", and substituting
"personnel" for "then" following "en-
listed".
Application 0 C section to Selective Serv-
ice Act of Ms. Sect ion as applicable to
Inductees under the Selective Service
Act of 1948, sections 451-454 and 455171
of this Appendix, sec note preceding sec-
tion 1001 of this Appendix.
Transfer of functions. All functions of
all officers of the Department of the
Treasury, and all functions of all 00111-
des and employees of such Department,
were transferred, with certain excoott,N,
to the Secretary of the Treasury.
Power vested in him to authorize
performance or the performance
of his functions, by any of suet'
agencies, and employees, by 11/50
ph.o No, 20, i 1, 2, elf. July 31, pc,..
15 P.R. 4935, 04 Stat. 1250, net t,
note -under section 241 of Title 5, EA,.
tive Departments and OWNI'11111('L t
eel's and Employees. The Coast
referred to in this section, is watt:
a service in the Treasury Doparte.,,,,
but such Plan excepted, from thy Cr
fer, the .functions of the COftS t
and of the Commandant thereof, a
the Coast Guard is operating ass
of the Navy under sections 1 atel 3 ,f
Title 14, Coast Guard,
? 1011. Settlement of accounts
The head of the department concerned, or such person as he ma;
designate, is authorized to settle the accounts of persons for who-
account payments have been made pursuant to the provisions of sec-
tions 2 to 7, both inclusive, of this Act [sections 1002-1007 of thi,
Appendix], and the accounts of survivors of casualties to ships, sta-
tions and military installations which result in loss or destruction
of disbursing records, and such settlements shall be conclusive upon
the accounting officers of the Government in effecting settlements of
the accounts of disbursing officers. Mar. 7, 1942, c. 166, ? 11, 51
Stat. 146.
Historical Note
Application of section to Selective Serv-
ice Act of 1948. Section as applicable to
Inductees under the Selective Service
Act of 1018, sections 451-454 and 455 471
of this Appendix, see note preced.:r
section 1001 of this Appendix.
? 1012. Moving dependents and effects of persons dead, injured.
captured, etc.; appropriations chargeable with cost
The dependents and household and personal effects of any person
in active service (without regard to pay grade) who is officially rt'-
ported as dead, injured, missing for a period of thirty days or mac.
interned in a neutral country, or captured by the enemy, upon a;,-
plication by such dependents, may be moved (including packing
unpacking of household effects), upon receipt by such dependen1.
of such official report, to such location as may be determined in ad-
vance or subsequently approved by the head of the department con-
cerned or by such persons as he may designate. The cost of such
transportation, including packing and unpacking of household f
fects, shall be charged against appropriations currently availahi.,
In lieu of transportation authorized by this section for depende1ht.
the head of the department concerned may authorize the payinl:.
in money of amounts equal to such commercial transportation coslf?
536
'
13003000
for the whole or si
kind is not furnish(
When the person is
ents or household
authorized only in
ization or treatmeni
tion shall be author
relationship exists 1
dependents and the
Beginning June 25,
the terms "househo.
may include, in add
to exceed one priva
Government expens.
Is located outside t
Alaska. Mar. 7, 19
6, ? 1(a), 60 Stat. 5
3910 Amendment. Act
cited to text, amended :a
lug former second provis
of which now constitutL
fence.
1951 Amendment, Act
cited to text, amended fi
clear that dependents
ceased, and missing per
nonmilitary personnel, bi
for, even though such i
disappearance did not r,
from military or naval
provide specific author
transportation of depend
tary personnel without
grade, to require that pet
a status of "missing" fo
days or more, and by
AUthorization of claim
August 29, 1951, see sect
? 1012a. Authorize
of prior
(a) Claims for ti
household and pers(
Missing Persons Ac
Incident to the deat
not presented for
jected or disallowec
proval of this Act
tion or reconsiderat
section 12 of the 111
ACT MISSING PERSONS ACT Tit. 50, App. ? 1012a
_3
ttitsferred, with certain oxecie
:secretary of iIII Press('
rest ii in hint to author, ??
lance or the performance t,r
Inactions, by ally 01'
s, and employees, by Pi ? ,
.; 0. 20, ?? 1, 2, off. .1 lily 31
. 4933, 91 81 t, 12.4o, so
Mer section 241 of Tut, a.
epar Wien Is and Govern tact.i
nil Employees. 'rhe (least t;tt
_l to in this section, is gs,:
iti the Treasury 1 to pa ri
At Plan exceifted, from Hi, tt
f unet io as of the Coast ;
" the Commandant r. ,
_;n4, Guard Is operating 11:4
Navy under sect ions 1 and 3
I, Coast Guard,
1, or such person as he rna:,
ounts of persons for
_ant to the provisions of s.
[sections 1002-4007 of this
_?> of casualties to ships, st:i,
esult in loss or destruclion
Kits shall be conclusive upwl
t in effecting settlements of
_tr. 7, 1942, c. 166, ? 11, rp;
1948, sections 451-404 and 405 474
s Appendix, see note prectailz4
a 1001 of this Appendix.
-4 of persons dead, injurcd,
s chargeable with cost
_rsonal effects of any persott
- grade) who is officially 1.4,-
!riod of thirty clays or mot.-
red by the enemy; upon
_wed (including packing ;mi.;
receipt by such depenclvnt:.
is may be determined in al-
'lead of the department ccii-
esignate. The cost of surto
unpacking of household ei-
iations currently availablt,
this section for depenclent..
may authorize the paymeh.
mercial transportation COMA
,r() r the whole or such part of travel for which transportation in
kind is not furnished, when such travel shall have been completed.
when the person is in an "injured" status, the movement of depend-
lits or household and personal effects provided for herein may be
Authorized only in cases, where the anticipated period of hospital-
ization or treatment will be of prolonged duration. No transporta-
tion shall be authorized pursuant to this section unless a reasonable
relationship exists between the condition and circumstances of the
dependents and the destination to which transportation is requested.
1:eginning June 25, 1950, and for the purposes of this section only,
the terms "household and personal effects" and "household effects"
may include, in addition to other authorized weight allowances, not
IC) exceed one privately owned motor vehicle, shipment of which at
Government expense is authorized in those cases where the vehicle
is located outside the continental limits of the United States or in
Alaska. Mar. 7, 1942, c. 1666, ? 12, 56 Stat. 146; Feb. 12, 1946, c.
6, ? 1(a), 60 Stat. 5; Aug. 29, 1951, c. a5G, ? 1, 65 Stat. -.
Historical Note
MS Amendment. Act Feb. 12, 1940,
died to text, amended section by insert-
ing former second proviso, the Provisions
of which now constitute the third sea-
1
1951 Amendment, Act Aug. 29, 1051,
cited to text, amended section to make it
clear that dependents of injured, de-
mised, and missing personnel, including
nonmilitary personnel, shall be provided
for, even though such injury, death or
tlisappearance did not result specifically
from military or naval operations, to
provide specific authorety to furnish
transportation of dependents of nonmili-
tary personnel without regard to pay
grade, to require that persons must be in
a status of "missing" for a period of 30
days or more, and by inserting provi-
sions contained in fourth, fifth and sixth
sentences.
Effective ditto of 1910 Amendment, Sec-
tion 1(b) of Act Feb. 12, 1916, cited to
text, provided that the amendment of
section by section 1(a) of said Act Feb.
12, 1946, should take effect as of Sept. 8,
1939.
Application of section to Selective Serv-
ice Act of 1948. Section as applicable to
inductees under the Selective Service Act
of 1948, sections 451-451 and 455-471 of
this Appendix, see note preceding section
1001 of this Appendix.
Congressional Comment: For legisla-
tive history and purpose of Act Feb, 12,
1940, cited to text, see 1940 TJ.S,Code
Cong. Service, p, 1037.
Cross References
Authorization of claims for reimbursement, and ratification of payments prior to
August 29, 1951, see section 1012a of this title.
? 1012a. Authorization of claims for reimbursement; ratification
of prior payments
(a) Claims for travel by dependents and for transportation of
household and personal effects which arose under section 12 of the
Missing Persons Act, as amended [section 1012 of this Appendix],
incident to the death of a person in active service,fand which were
not presented for reimbursement or were presented and were re-
lected or disallowed, may, until three years after the date of ap-
proval of this Act [August 29, 1951], be presented for considera-
tion or reconsideration and reimbursement under the provisions of
8ection 12 of the Missing Persons Act [said section], as amended
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CIA-RDP84-00499R000300010
t4P.
Tit. 50, App. ? 1012a MISSING PERSONS ACT
by [section 1 of] this Act: 'Provided, That this section shall be al,.
plicable only to such claims which arose on or after Septemhor
1939, and prior to the date of approval of thiS Act [August 29, 19:;1,,
(b) Payments made by disbursing officers for travel by
eats and for transportation of household and personal effects pHr.
suant to section 12 of the Missing Persons Act, as amended It1,1
section], on or after March 7, 1942, and prior to the date of
proval of this Act [August 29, 1951], heretofore not allowed by v
tue of inability to establish death or injury as a result of military
naval operations, are ratified.
(c) Payments made by disbursing officers on or after June
1950, and prior to the date of approval of this Act [August 29, 195l
for the transportation, packing, and unpacking of privately Own! ?i
motor vehicles transported under the conditions set forth in te
tion 12 of the Missing Persons Act, as amended by section 1 of th,,
Act [this section], are ratified. Aug. 29, 1951, C. 356, ? 2, 65 St;.
Historical Note
Codification. Section was not enacted as a part of the Missing Persons Act wa
is classified to sections 1001-1012 and 1013-1010 of this Appendix.
? 1013. Income tax deferment for certain persons in Government
service not in position to .pay taxes because of service
Notwithstanding any other provision of law, in the case of any
taxable year beginning after December 31, 1940, no Federal incorn-
tax return of, or payment of any Federal income tax by?
(a) any individual irithe military or naval forces of the United
States, or
(b) any civilian officer or employee of any department who, at
the time any such return or payment would otherwise become due,
la_ prisoner of war or is otherwiseldetained by any foreign governme:-::
with which the United States is at war!, or
(c) any individual in the military or naval forces of the United
States serving on sea duty or outside the continental United Stan.
at the time any such return or payment would otherwise become dot.
shall become due until one of the following dates, whichever is
earliest:
(1) the fifteenth day of the third month following the month in
,which he ceases (except by reason of death or incompetency) to
prisoner of war, or to be detained by any foreign government wt':
which the United States is at waif, or to be a member of the mililcr
or naval forces of the United States serving on sea duty or oUtI
the continental United States, as the case may be, unless prior to the
expiration of such fifteenth day he again; is a prisoner of war, or i5
detained by any foreign government with which the United States
at war,' or is a member of the military or naval forces of the U1)io:1
States serving on -sea duty or outside the continental United States:
538
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(2) December 31
(3) the fifteenth
which an executor,
taxpayer is appoit:
Such due date is pr
of Internal Reven
paying such tax,
as provided in se,
Code [sections 14(,
assessment or coll
or receivership.
tinental United St;
hia, arid the terms
forces of the Uni
United. States, the
or Navy Nurse Cbi
detic Survey, or
13,56 Stat. 146;
1947 Amendment.
amended by Act Aug.
text, Which changed
turn date from "the 1.
third month f ollow it -
which the present wE..
Italy, and Japan is
claimed by the Presid-
31, 1447".
Application of sortie:,
Ice Act of 1918. Seeti-;
inductees under tho
of 1010, sections 451 iE
this Appendix, see m
tion 1001. of this App.e
Transfer of functior
of all officers of the t
Treasury, and all fum
cies and employees of
were transferred, with
to the Secretary of a
power vested in biro
Performance or the Pt
of his functions, by a!
agencies, and employe
Plan No, 20, ?? I, 2,
15 P.R. 4935, C,I Stat.
under section 241 of
Departments and Govt..
Employees. The Co'
to in this section, is
in the Treasury Dep
Plan excepted, from
functions of the Coast
Commandant thereof,
Guard is operating*
Coast
d.
under sections
Transfer of lunette
of all officers or the 1
CT
:his section shall hp
:1 or after September
-4 Act [August 29, 197,1!
R for travel by deuelid.
id personal effects lir.
Act, as amended It
nor to the date of
fore not allowed by
s a EPSUlt of military
on or after June
:s Act [August 29, 1951
ing of privately ov,?ift?l
itions set forth in in
ded by section 1 of lhi-
151, C. 359, .? 2, 65 Stat.
-lc Missing Persons Act wld.
PPendix,
Persons in Government
is because of service
aw, in .the case of any
no Federal income-
ome tax by-
.al forces of the United
Ely department who, at
therwise become due, is
any foreign government
al forces of the United
ntinental United States
otherwise become due.
dates, whichever is th,:
7ollowing-the month in
or incompetency) to 1),'
,reign government with
member of the military
on sea duty or outsido
be, unless prior to the
Prisoner of war, or is
lh the United States is
forces of the United
mental United States;
MISSING PERSONS ACT Tit. 50, App. ? 1013
(2) December 31, 1947; or
(3) the fifteenth day of the third month following the month in
which an executor, administrator, or conservator of the estate of the
:Axpayer is appointed.
Such due date is prescribed subject to the power of the Commissioner
of Internal Revenue to extend the time for filing such return or
paying such tax, as in other cases, and to assess and collect the tax
IS provided in sections 146, 273, and 274 of the Internal Revenue
Code [sections 146, 273, and 274 of Title 261 in cases in which such
3ssessment or collection is jeopardized and in cases of bankruptcy
or receivership. For the purpose of this section, the term "con-
tinental United States" means the States and the District of Colum-
bia, and the terms "individual" or "member" of the tnilitary or naval
forces of the United States means any person in the Army of the
United States, the United States Navy, the Marine Corps, the Army
or Navy Nurse Corps (female), the Coast Guard, the Coast and Geo-
detic Survey, or the Public Health Service. 'Mar. 7, 1942, c. 166, ?
13, 56 Stat. 146; Aug. 8, 1947, C. 515, ? 6, 61 Stat. 918.-'
Historical Note
1947 Amendment. Subsec. (c) (2)
amended by Act Aug. 8, 1947, cited to
text, which changed the final tax re-
turn date from "the fifteenth day of the
third month following the month in
which the present war with Germany,
Italy, and Japan is terminated as pro-
claimed by the President" to "December
31, 1947".
APPlffention of section to Selective Serv-
ice Act of 191111 Section as applicable to
inductees under the Selective Service Act
of 1948, sections dl 154 and 455-471 of
this Appendix, see nolo preceding sec-
tion 1001 of this Appendix.
Transfer of fnuctions. All functions
of all officers of the Department of the
Treasury, and all functions of all agen-
cies and employees of such Department,
wore transferred, with certain exceptions,
to the Secretary Of the Treasury, with
power vested in bin, to authorize their
performance or the performance of any
of his functions, by any of such officers,
agencies, and employees, by 1950 Reorg.
Plan No. 20, 1, 2, ell'. July 31, 1950,
15 P.R. 4935, (11 Stat. 1280, set out in note
under section 241 of Title 5, Executive
Departments and Government Officers and
Employees. . The -Coast Guard, referred
to in this section, is generally a service
in the Treasury Department, but sdeh
Plan excepted, from the transfer, the
functions of the Coast Guard, and of the
Commandant thereof', when tho Coast
Guard- is operating as a part of the
Navy under sections 1 and 3 of Title 14,
Coast Guard.
Transfer of functions, The functions
of all officers of the Department of COM-
meree and all functions of all officers
and employees of such Department, were,
with it few exceptions, transferred to
tho Secretary of Commerce, with power
vested in him to authorize their perform-
ance or the performance of any of his
Inactions by any of such officers, agencies,
and employees, by 1950 Ecorg. Plan No,
5, ?? 1, 2, off. May 24, 1950, 15 F.R. 3174,
94 Stat. 1203, set out in note under sec-
tion 591 of Title 5, Executive liepart-
meats and Government Officers and Em-
ployees. The Coast and Geodetic Survey,
referred to in this section, is an agency
Within the Department of Commerce.
Limitation of section under otlier law,
Section 507(b) (1) of the Revenue Act of
1912, Act Oct. 21, 1912? 4:31) p.' in,, E. W.
T., c, 141.9, Title V, provided as follows:
"The amendments inn ado by this section
lad niling sections 3801 and 3805 of, Title 20
and section 527 of this Appendix] shall
not be construed to shorten any period
fixed under the provisions of section Et
or 14 of the Act approved March 7, 1912
(Public Estv 490--77th. Congress) [sec-
thins 1013 and 1014 of Olin Appendix],
within which any net may be done, ex-
cept that any action or proceeding au-
thorized under section 138)41(2) (1) of the
Internal Revenue Code, as well as any
other action or proceeding aulhorized by
law in connection therewith, only lie tak-
er,, begun, or pro See uted without regard
to the period So fixed."
Congresmional Commeutt For legisla-
tive history turd purpose of Apt Aug. 8,
1917, cited to text, sec 1917 U.S.Code
Cong.Service, p. 1008.
539
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"Tit. 50, App. ? 1014 MISSING MESONS ACT
? 1014. Application of Act to persons besieged by enemy
The provisions of this Act [sections 1001-1016 of this Appendix
applicable to persons in the hands of an enemy, shall also apply 1r.
any person beleaguered or besieged by enemy forces. Mar. 7, 19-12.
c. 166, ? 14, 56 Stat. 147.
Historical Note
Application of section to Selective Seri, of 1948, sections 451-454 and 455-471 of
ice Act of 1948. Section as applicable to this Appendix, see note preceding sec
inductees under the Selective Service Act tion 1001 of this Appendix,
? 1015. Effective date and termination of Act
This Act [sections 1001-1016 of this Appendix], except sections
13, 16, 17, and 18 [sections 1013 and 1016, and former sections 1017
and 1018 of this Appendix], shall be effective from September 8, 1939,
and shall remain in effect until the termination of the present war
with Germany, Italy, and Japan, and for twelve months thereafter.
or until such earlier time as the Congress by concurrent resolution
or the President by proclamation may designate. Mar. 7, 1942, c.
166, ? 15, 56 Stat. 147; Dec. 24, 1942, c. 828, ? 1, 56 Stat. 1092.
Termination of State of War, see page IX of this volume
Historical Note
References in text. Sectiorrt18 referred Effective date Of 1942 Amendment.
to in text and classified to section 1018 Amendment by Act Dec, 24, 1941, cited
of this Appendix was repealed by Act to text, as effective Sept. 8, 1939, lg.
,rune 16, 1042, e. 413, 19, 56 Stat. 369, eff, note under section 1003 of this Appen.
Juno 1, 1942. dix.
19421 Amendment. Act Dec. 24, 1942 cit- Applieation of section to Selective 8er-s-
od to text, substituted "and for twelve ice Act of 1948. Section as applicable t,
* * * may designate", for "as pro- inductees under the Selective Service Act
claimed by the President, and for twelve of 1918, sections 451-454 and 455-171 of
months thereafter." this Appendix, see note preceding sec
tion 1001 of this Appendix,
? 1016. Amendment of Civil Service Retirement Act
(a) The last sentence of subsection (c) of the first section of the
Civil Service Retirement Act, approved May 29, 1930, as amendvii
[section 691(c) of Title 5], is amended by striking out "any elective
officer,".
(b) Subsection (a) of section 2 of such Act of May 29, 1930, a-5
amended [section 715 of Title 5], is amended by striking out, ? 1017. Authoriza
": Provided, however, That no provision of this or any other Ad l gan
relating to automatic separation from the service shall have any ap-
plication whatever to any elective officer". Codification. Section
C. 166, 17, 66 Stat.
(c) Subsection (a) of section 3 of such Act of May 29, 1930, as rented.
amended [section 693 of Title 5], is amended to read as follows:
"(a) This Act [Title 5, ? 691 et ,seq.] shall apply to all officers and ? 1018. Repealed.
ff
employees in or under the executive, judicial, and legislative branch- June 1,
es of the United States Government, and to all officers and employee:?
of the municipal government of the District of Columbia, excePt c?ction, Act Mar. 7, 1
elective officers and heads of executive departments: Provided, Slat. 148, related to b
That this Act [Tit1(
ctr or employee of ?
of the District of C
such officers and en
That this Act [Titli
(-mployee in the le
classes of officers
benefits of this Adi
1937 [Title 5, ??69
tice in writing to t
of his desire to cor
et seq.] ; and any c
in sixty days after
this Act [Title 5, ?
sire. In the case '
legislative branch (
tice of desire to co:
et seq.] must be g]
of any officer or er
ment who enters ti
desire to come with
must be given witl
service."
(d) The amount:
pay, or compensati
of -such Act of Ma;%
the amendments m
[affecting Title 5,
credit of the civil-s
ditional amounts r
turned to such offic
of this Act. Mar..
Application of section
ICC Act of 1948. Sectioi
Inductees under the Sel
540
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for military and naval
by enemy
if this Appendk
4hall also apply
!es. Mar. 7, 194:,
iI51 -454 and 455 ,171
110te prececlicig
11,en 1.1 ix.
.1, except Sectio,,
mier sections 1017
September 8, 1,..1:11,
if the present w;i:
nonths thereaftt-r,
-current resolutifm
Mar, 7, 1912,- c.
=i6 Stat. 1092.
-9f this volume
of 1942 Amendtm-ot
et Dec. 24, 1912,
ive Sept. 8, 1.9%s,
1003 of this
vtion to Selective 8,r,
=ection as applieat9-
ic Selective SertloP
151-154 and
!,-2 note preceding
_sppendlx.
.1. a
lirst section of
1930, as tinco,],
g out "any electivc
f May 29, 1930. 3,
1 by striking 0;;
"-
or any other
shall have any
May 29, 1930, 3 4
ad as follows:
vto all officers w,.,1
legislative brancrk-
:ers and employ,,c4
Columbia, cxci't
l.
ments: Pruvidra.
MISSING PERSONS ACT Tit. 50, App. ? 1018
this Act [Title 5, ? 691 et seq.] shall not apply to any such offi-
,; or employee of the United States or of the municipal government
the District of Columbia subject to another retirement system for
officers and employees of such governments: Provided further,
this Act [Title 5, ? 691 et seq.] shall not apply to any officer or
loyee in the legislative branch of the Government within the
i.i3ze8 of officers and employees which were made eligible for the
of this Act [Title 5, ? 691 et seq.] by the Act of July 13,
[Title 5, ?? 693b-693d, 698b, 715d, and 719a], until he gives no-
ill writing to the disbursing officer by whom his salary is paid,
his desire to come within the purview of this Act [Title 5, ? 691
: seq.]; and any officer or employee within such classes may, with-
.% sixty days after January 24, 1942, withdraw from the purview of
Act [Title 5, ? 691 et .seq.] by giving similar notice of such de-
In the case of any officer or employee in the service of the
::islative branch of the Government on January 24, 1942, such no-
we of desire to come within the purview of this Act [Title 5, ? 691
?: seq.] must be given within the calendar year 1942. In the ease
any officer or employee of the legislative branch of the Govern-
who enteili the service after January 24, 1942, such notice of
i:sire to come within the purview of this Act [Title 5, ? 691 et seq.]
nist be given within six months after the date of entrance to the
i2rvice."
((I), The amounts deducted and withheld from the basic salary,
1-ay, or compensation of any officer made ineligible for the benefits
)(such Act of May 29, 1930, as amended [Title 5, ? 691 et seq.], by
'r.e amendments made by this section to such Act of May 29, 1930
:affecting Title 5, ?? -691(c), 693(a), 715(a)], and deposited to the
credit of the civil-service retirement and disability fund, and any ad-
litional amounts paid into such fund by such officer, shall be re-
:urned to such officer within thirty days after the date of enactment
this Act, Mar. 7, 1942, C. 166, ? 16, 56 Stat. 147.
Historical Note
,%pplication of section to Selective Sem- of 1048, sections 451-454 and 455-471 of
loo Act of 1998. Section as applicable to this Appendix, see note preceding section
?litielces under the Selective Service Act 1001 of this Appendix.
1017. Authorization of lock for Saint Marys Falls Canal, Michi-
gan
Historical Note
tsalfleation. Section, Act Mar. 7, 1942,
17, 56 Stat. 148, has been ex-
1018. Repealed. June 16, 1942, c. 413, ? 19, 56 Stat. 369, eff.
June 1, 1942.
Historical Note
tiection, Act Mar. 7, 1412, c. 106, ? 18, 50 at sea or outside United Slates, and is
3:4t. 148, related to base pay increases clew covered by section 237 of Title 37,
",r military and naval personnel serving lay and Allonances.
541
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50 App. ? 1012 WAR AND NATIONAL DEFENSE
dependents, see sections] 5565 5567 of Title
5, Government Organization and Employ-
ees, and for that portion applicable to
membQrs of the uniformed services and
their dependents, see sections 555 557 of
Title 37, Pay and Allowances of the Uni-
formed Services,
Section 1010, Acts Mar. 7, 1942, c. 166,
10, 50 Stat, 145; July 1, 194-1, c. 371, ? 6,
58 Stat. 681; Aug. 14, 1964, Pohl.. 88 428,
? 1(7), 78 Stat. 437, provided for fact of
dependency, and authority, br dOter Mine.
For that portion of this section applica-
ble to civilian officers and employees
and their dependents, see section 5566 of
Title 5, Govern men t Orga n i zatlon and
Employees, and for that portion applica-
ble to members of the no services
and their dependents, see section 5541 of
Title 37, Pay and Allowances of the Uni-
formed Services.
Section 1011, Act Mar. 7, 1942, c. 166, ?
1, 50 Stat. 140, related to settlement of
accounts. For that portion of this sec-
tion applicable to civilian officers and
employees and their dependents, see sec -
? 1012a. Authorization of claims
prior payments
Codification. Section, Act Aug. 29, 1951,
C. 356, ? 2, 65 Stat. 208, which was not
enacted as part of the Missing Persons
Act, sections 1001-10:12 and 1013-1016 of
this Appendix, (a) allowed presentation,
for consideration, reconsideration or re-
imbursement during a period of 3 years
following Aug. 29, 1951, of previously un-
presented, rejected or disallowed ch4iin5
for travel by dependents and for transpor-
tation of household and personal effects
arising between Sept. 8, :1939, and Aug. 29,
1951, under section 1012 of Gib; Appendix,
(b) ratified payment:4 for travel by de-
tion 5567 of Title 5, Government Organi-
zation and Employees, and for that por-
tion applicable to members of the uni-
formed services and their dependents, see
section 557 of Title 37, Pay and Allow-
ances of the :Uniformed Services.
Section 1012, Acts Mar. 7, 1942, c. 166,
12, 56 Stat. 140; Feb. 12, 1046, c. 0, ? 1
(a), 60 Slat. 5; Aug. 29, 1951, c. 3541, ?1.
65 Stat. 207; Apr. 4, 1953, 17, ? 1(a), 67
Stat. 21; Aug. 29, 1957, Pub.L. 85-217, ?
1(d), 71 Stat. 492; Aug. 14, 1904, Pub.L.
88-428, ? 1(8), 78 Stat. 437, provided for
inoving dependents and effects of per-
sons dead, in missing, or captured,
for sale of motor vehicles and other
bulky items, and claims for proceeds.
For portions of this section applicable to
civilian officers and employees and their
dependents, see section 5501 of Title 0,
Government Organization and Employees,
and for that portion applicable to mem-
bers of the uniformed services and their
dependents, see section 554 of Title 37,
Pay and Allowances of the Uniformed
Services.
for reimbursement; ratification of
pendents and transportation of house-
hold and personal effects made by dis-
horsing officers pursuant to section 1012
of this Appendix, OD or after March 7,
1942, and prior to Aug. 29, 1051, previous-
ly not allowed by virtue of inability to
establish death or injury as a result of
military or naval operations and (c) rati-
fied payments inado on and after June 25,
1950, and prior to Aug. 29, 1951, for
transportation, packing, and unpacking
of privately owned motor vehicles trans-
ported under the conditions 2et forth in
section 1012 of this Appendix.
?? 1013-1017. Repealed. Pub.L. 89-554,
Stat. 651, 654, 657, 658, 662
Section 1013, Acts Mar. 7, 1942, (7. 100,
? 13, 50 Stat. 140; Aug. 8, 1947, c. 515, ? 6,
61 Stat. 918; Aug. 14. 1061, P1414.1,. 88--
428, ? 1(9), 78 Stat. 437, provided for in-
come- tax deferment for certain persons
in Government service not in position to
pay taxes because of service. For that
portion of this section applicable to civil-
ian officers and employees and their de-
pendents, see section 5508 of Title 5, Gov-
ernment Organization and Employees,
and for that portion applicable to mem-
bers of the uniformed services and their
dependents, see section 558 of Title 37,
Pay and Allowances of the Uniformed
Services?
Section 1014, Acts Mar. 7, 1942, c. 16(1,
? 14, 56 Stat. 147; Apr. 4, 1953, c. 17, ? 1
(e), 67 Stat. 21, related to application of
the Missing Persons Act to persons be-
sieged by it hostile force. For that por-
tion of this section applicable to civilian
officers and employees and their depend-
? 8(a), Sept. (3, 1966, 80
ents, see sections 55131-15564 and 5566 of
Title 5, Governinent Organization and
Employees, and for that portion applica-
ble to members of the uniformed services
and their dependents, see sections 551-554
and 55(1 of Title 37, Pay and Allowances
of the Uniformed Services.
Section 1015, Acts Mar. 7, 1942, c. 166.
? 15, 56 Stat. 147; Dee. 24, 1942, c. 828, ?
1, 56 Stat. 1092; Apr. 4, 1953, c. 17, ? l(f),
67 Stat. 21; Jan. 30, 1951, e. 3, 68 Stat.
7; June 30. 1955, c. 25.1. 00 Stat. 238;
(1ly 20, 1056, c. 658, 70 Stat. 595; Aug.
7, 1957, Pub.L. 85-121, 71 Stat. 341; Aug.
29, 1957, Pub.L. 85-217, ? (e), 71 Stat.
493, prescribed the effective date.
Section 1016, Act Mar. 7, 1942, c. 160, g
16, 56 Stat. 147, amended the Civil Serv-
ice Retirement Act.
Section 1017, Act Mar. 7, 1942, C. 100, ?
17, 56 Stat. 148, authorized a lock for
Saint Marys Falls Canal, Michigan,
SMALL BUSINESS MOBILIZATION ACT
ACT JUNE 11, 1942, C. 404, 56 STAT. 351
?? 1101-1107.
Repeals. Act June 11, 1912, e. 404, ?? 1,
4, 50 Stat. 351, 353, formerly classified to
sections 1101 and 1104 of this Appendix,
was repealed by Pub.L. 89-554,
Sept. 6, 1966, 80 Stat. 651.
32
? 8(a),
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WAR AND DI
ACT 010 JULlit 2, 1910
See.
1172, Construction authority f
Armed Forces [New].
1174. Same; activity reports by St
of Defense [New].
1175. Same; application to sect
of Title 40 [Newl.
ACT JUNE 28
Cross References. ''Defense Com
defined, see section 50 of Title 41.
Contracts.
Honorable discharge from lam
naval forces as substitute for hit
tiflcate required for defense emph
? 1152. Contracts for act
vessels, aircraft, and equipmer
(4) Attendance of !NI
disci,
For the purpose of obtainiz
quired, or making any invest
subsection], the President ma:
require by subpena or otherw
es and the production of any
or physical evidence which ma:
and testimony. of witnesses az
other documentary or physica:
place from any State, Territo'
of the 'United States: Provid(
records, or other documentar3
other than the place where s
prior to the return date specit
to, such person furnishes the
records, or other docurnentar
oath to be a true and correct
President as to the informatic
documentary evidence. Witn
age that are paid witnesses in
dent shall not publish or dii
paragraph which the Preside
which a request for confident':
such information, unless the
thereof is contrary to the in)
and anyone violating this pr(
conviction thereof shall be ft
not exceeding two years, or be
As amended Oct. 15, 1970, Pt
1930 Amendment. Subsee. (a) (4)
T.. 91-452 struck out the provisioni
related to the immunity from pros
of any individual compelled to tel
produce evidence, documentary or
wise, alter claiming his privilege
self-inerimination.
Effective Date of 1970 Amer
Amendment by Puh.L. 91-452 effec
the sixtieth day following the
""*SiCAT4.
03-0
Approved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0
/9-/r2
a92zr--,z-e- /2
SD (12C4... 5
Approved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0
For Release WI/06/20 CIA=RDP84-06499k000300010093-0
5 ? 5552
accrued annual
EMPLOYEES Ch. 55
or vacation leave in accordance with section
5551 of this title; or
(2) elect to have the leave remain to his credit until his re-
turn from active duty.
Pub.L. 89--554, Sept. 6, 1966, 80 Stat. 489.
Historical and Revision Notes
Reviser's Notes
Derivation: -United States Code
12.S.C. Gla
.?i(lsplanatory Notcs.
The words "An elupl,yee as defined by
section 2105 of this title" are coexten-
sive with and substituted for "Employees
of the -United States Government, . .
(including employees of any corporation
created under authority of an Act, of
Congress which is eirher wholly con.
(rolled or wholly owned by the Unit (al
States (lovernment, or a icy corporation,
an the stock of which. is owned or con-
trolled by the -United States Go -
,neat, or any department, agency, or es-
tablishment thereoC, whether or not tho
((mployees thereof are paid from funds
appropriated by Cungress)".
Tho words "sulosequent to May 1, 1310"
Ftie omitted as obsolete. The words "ac-
tive duty in the armed forces" and "ac-
United States C=30(7)
Revised Statutes and Statutes at Large
Aug. 1, 1911, ch. 345, 55 Stat, 11113.
Apr, 7, 1012, ch. 220, 56 Stat. 200.
tive duty" are substituted for "activs
military or naval service in the land
or naval forces of the United States" and
"active military or naval service", re-
spectively, on authority of the National
Security Act of 1047, 61 Stat. 405, as
amended. The words "by voluntary en-
listment or otherwise" are omitted as
unnecessary.
In paragraph (1), the words "in ac-
cordance with section 5551 of this title"
are added on authority of former section
6! ti which is carried into section 5551.
Standard changes are made to con-
form with the definitions applicable and
the style of this title as outlined in the
'Preface to the report,
Library References
C.J.S. United States ? 44.
SUBCHAPTER VII?PAYMENTS TO MISSING
EMPLOYEES
5561. Definitions
For the purpose of this subchapter?
(1) "agency" means an Executive agency and a military de-
partment;
(2) "employee" means an employee in or under an agency
who is a citizen or national of the United States or an alien
admitted to the United States for permanent residence, but does
not include a part-time or intermittent employee or native labor
casually hired on an hourly or daily basis. However, such an
employee who enters a status listed in paragraph (5) (A) (E)of
this section?
(A) inside the continental United States; or
. (13) who is a resident at or in the vicinity of his place of
employment in a territory or possession of the. United
170
Ch. 55
States or i.
solely as a
is an employee
termination by
is the proxima
(3) "depend
(A) a v
(B) an
ent stepcb
(C) a ii
(D) a c
(E) an
head of ti
(4) "active
employee;
(5) "missin
in active serv
sent in a stat'
(A) mi
(B)
(C) in
(D) en
or
(E) de
but does not
frig which
of duty withc
(6) "Pay a
(A) b.
(B)
(C) ii
(D) b
(E) b
(F) s
days.
Pub,L. 89-554, Sc
CIL 55
lance with section
.-;reclit until his re-
,.tid Statutes at Largo
.18. 55 Stat. on;.
20, 50 Stat. 200.
oholitated for "net Ivo
servioo in the land
t United States" mid
.r naval Herelce.",
Jority of the National
.917, 61 Stat. 195, as
tale "by voluntary, on-
,Ine"
are omitted RN
the words in
on 5551 of thin title"
pity of former section
.+1 into section -5551.
are made to eon-
salmis applIcoldo and
le as outlined in the
1 44.
IISSING
1 a military de-
Ch. 55
PAY ADMINISTRATION 5 ? 5561
States or in a foreign country and who was not living, (here
solely as a result of his employment;
is an employee for the purpose of this subchapter only on a de-
termination by the head of the agency concerned that this status
is the proximate result of emplw-ment by the agency;
(3) "dependent" means?
(A) a wife;
(B) an unmarried child (including an unmarried depend-
ent stepchild or adopted child) under 21 yeaVs of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the
head of the agency concerned or his designee;
(4) "active service" means active Federal service by an
employee;
(5) "missing status" means the status of an employee who is
in active service and is officially carried or determined to be ab-
sent 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;
but does not include the status of an employee for a period dur-
ing which he is officially determined to be absent from his post
of duty without authority; and
(6) "pay and allowances" means?
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for quarters;
(E) basic allowance for subsistence; and
!der an agency (F) station per diem allowances for not more than 90
.es or an alien days.
alence, but does Publ. 89-554, Sept. 6,1960,80 Stat. 489.
or native labor
-vever, such an
:5) (A)--(E) of
or
if his place of
-f the United
171
seo00 3106120 ICIA-RDR84-06489K0030001
-
=e1'
5 ?5561
Derivation:
(1)-(4)
(5)
(a)
EMPLOYEES Ch. 55
Historical and Revision Notes
United Stall's
50A U.S.C. 1001
Reviser's Notes
Code Devised Statutes and Statutes at Large
Mar. 7, 1942, ch. 2,0,? 1, 56 Stab 1-13.
July 1, 1944, ch. 371, ? 1, 58 Slat. 679.
May 16, 11)17, ch. 70, gI, 61. Stat. 96.
Aug. 29, 1907, Pub.li. 85 217, ? 1(a), 71
Stat. 491.
Aug. 14, 1901, Patti.. 88-428, ? (1). (2),
78 Stab 437.
Mar. 7, 1912, et. MG, ? 2(a) (36 through
06th words and 96th througft 120th
words of lot sentence, and lot 28 words
of 81 sentence, for definition to
(hied.
July 1, 1944, eh. 371, ? 2, 38 Stat. 079,
Apr. 4, 1953, ch. 17, ? 1(a), 67 Stat. 21.
Aug. 29, 1907, Pub.L. 85-21.7, ; 1(b) (1st
par.) 71 Stat, 491.
Aug. FL, 1964, Pub.L. 88-428, ? 1(3) (A),
(C), 78 Stat, 437.
Mar. 7, 1912, ch. 106, ? 14 (as applicable
to ? 2(a) (lot sentence)). 50 Stat. 147,
501 IT.S.C. 1(102(iti (3.1
through 66tli
lot scalene?, and. lot 28
words of 116 sentence, for
definition purposes).
50A IT.S.C. 1014 (as 01(31!
cable to ? 1002(a) (lot
sentence)).
30A U.S.C. 1002(a) (96111
through 120th words of
1st sentence, for defini-
(ion purposes).
Explanatory Notes.
Only that portion of the source law
which is applicable to civilian officers
and employees and their dependents is
codified in this section.
In p_aragraph (1), the word "agency"
is substituted for "department". The
words "including such term when used in
the amendment made by section 16" are
omitted as surplusage. The words "an
Executive agency and a military depart-
ment" are coextensive with and
substituted for "any executive depart-
ment, independent estahlishment, or
agency (including corporati(1ns) in the
executive branch of the Federal Govern-
ment" in view of the definitions in sec-
tions 105 and 102, and 1/11 authority of 5
933a which provides that general
I egislation governing eluplustaelll, com-
pensation, and the afittus oe employees a
the United States applies to employees of
A p r . 4, 1953, ch. 17, ? 1(e), 67 Stat, 21.
the General Accounting Office in the
5111110 manner as if they were in the ex-
ecutive branch.
In paragraph (3)(A), the word "law-
ful" is omitted as unnecessary in view of
the accepted recognition of the fact that
the word "wife" means a lawful wife.
In paragraph (3)(E), the words "Imad of
the agency concerned or his designee"
are substituted for "head of the depart-
ment concerned, or subordinate des-
ignated by him".
The definitions in paragraphs (3) and
(0), -which do not appear in, but are
based on, the source law are created for
legislative convenience.
Standard changes are made to confortn
with the definitions applicable and the
style of this title as outlined in the pref-
ace to the report.
Cross References
Payments to missing members or the null)) Cl))) se r VI COS, sec section 531 et seq. of
Title 37, Pay and Allowances of the Liiiifornied Services.
Active service 3
Construction I.
Purpose 2
Notes of Decisions
'Library referenees
Fulled Stoles (0)111)(7, 9).
C.J.S. United Stales ?? 17, 44, 47.
172
Ch. 55
-.1, Construction
In arriving at the it
In enacting th hr.]]
essary to construe all
the law to gntli or even
seems not to be in strie?
lain specific provb,iorn?,
lifted from the body of
out of ? the cont,:xt.
181 F.Supp. 008, 149 Ct
on other grounds 81
G f,.Ed.2d 1;60,
Indications that Cone
exclude any one type of
have fo be specific. Di!
P.Supp. 702, 110 (21.(11,
2. Purpose
The primary purpose
101g. et seg. of Title 50
HU lichapter] was to a]
hardship suffered ho' (1.
ficers and employees rep
Pell v. 11'. S., Ct.C1.1901,
U.S. 393, 6 Ii.lid.2d 365.
? 5562. Pay t
sta
(a) An employee
credited to his acco.
pay and allowances
period or may becon
(b) Entitlement .1
this section ends on
(1) receipt b
that the employ
(2) death pr(
title.
That entitlement do
(A) on the e:
an employee wl
(B) earlier t
(2) of this sul
missing status.
(c) An employee
his post of duty wi
for payments of an
(a) of this section :
(d) When an cm
status under sectio:
?iotes
"IC
? CIA-RDP,84-00499R000dOba-let:-
Ch. 55
-totes and Statutes at I.nri.;?6
ch. 100, ? 116 Stat. I
ch. (7 I, ? I, 58 Slat. (179,
ch. 70, ? I, 01. Stat. Pll.
1'00, 85 217, ? 71
1, Kg 428, ? 1(1), (21,
100, ? 2(a) (311 (hreligh
111111 9691I through 12011i
st sindenee, and. lot 28 (ill' P1
nee, for definiticm purposes);
...h. 371, ? 2, 58 Stat. 070.
ch. 17, ? 1(a), 67 Stat, 21.
85-217, ? 1(1,.) lot
at. 491.
1, SS 428, 1(3) (A),
eh. 1(30, 1 14 (as app] ''tile
lot sentence)), 80 Stat. 117.
ch. 17, ? 1(e), 07 Stat. 21.
Aecounling, Office in the
is if tiny were lit the es-
h.
ph (3)(A), the word "law-
?,1 as unnecessary in view of
recognition of the fact that
means a lawful wife.
(3)(E), the words "head of
'unearned or his designee"
A for "head of the depart-
mid, or subordinate des-
ions in paragraphs (5) and
II) not appear in, but aro
? source law are created for
,venience.
lances are made to conform
initions applicable and the
kitle as outlined In the pref-
'51, see section 551 et seq. of
.inces
ca39(7,
1 States ?? 17, 44, 47.
Ch. 55 PAY ADMINISTRATION
1. Cons( reel ion
la arriving at the intent of Congress
la enacting tlik subehapter, it is nec?
essary to construe all the provisions of
1110 laW !WV even if sometimes it
,Heenis not to he in striet accord with car-
min specific provisions when they are
lifted from the hody of the law and read
out of the 01(111001-.. lien 1.9., 1000,
is li'..Supp. 668. 119 rlt.CI. 2i2, reverscd
?a other grounds Si l-4.Ct. 1230, 300
:IX, 0 36,5.
Indic:0.10ns that Congress intended to
's '111110 any one type of allowance would
tcve lo be specific, Dilhs V. U. S., 1051,
17 If.Sdpp. 702, 110 Ct.CI. 826.
2. Purpose
'Phe primary purpose of former section
et sem of Title 50 App. [now this
11,,Impturi was to alleviate financial
Ii ardship sofferisi. by dependents of of-
ficers and employees reported as missing.
_Bell v. U. S., C1.(1.1961, 81 Sit. 1230, 306
393, 0 L.Ed.l2d 365.
5 ?5562
3. Active service
Under this subchapter "active service"
refers to person's status at lime he be-
came missing, mid PrIS011erS vito were in
active service when taken could not he
determined to be not in auf ive servico?
when in prison camps. 13ell v. U. S., Ct.
(1.1961, 81 S.Ct. 1230, 30G U.S. 393, (.1 7,.
iiid.2d 365.
Where 1014 amendment to former sec-
tion 1002 of Title 50 App. [now this sec-
tion] did not purport to alter type of
pay or allowance which person in active
service who was missing was entitled to
have credited to his account during pe-
riod of his absence, and phrase "501110
pay and :illowances" was exactly Sall] e
language which iippeared in original sec-
tion of March 7, 1912, the law in that re-
spect was the same after the amendment
as before. Ifevenor v. TI, S., 1951, 101
F.Supp. 105, 121 Ct.CI. 77.
? 5562. Pay and allowances; continuance while in a missing
status; limitations
(a) An employee in a missing status is entitled to receive or have
credited to his account, for the period he is in that status, the same
pay and allowances to which he was entitled at the beginning of that
period or may become entitled thereafter.
(b) Entitlement to pay and allowances under subsection (a) of
this section ends on the date of-
(1) receipt by the head of the agency concerned of evidence
that the employee is dead; or
(2) death prescribed or determined under section 5565 of this
title.
That entitlement does not end--
(A) on the expiration of the term of service or employment of
an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and
(2) of this subsection if the employee dies while he is in a
missing stats.
(c) An employee who is officially determined to be absent from
his post of duty without authority is indebted to the United States
for payments of amounts credited to his account under subsection
(a) of this section for the period of that absence.
(d) When an employee in a missing status is continued in that
status under section 5565 of this title, he continues to be entitled to
173
: CIA-RDP84-00499R000300
?
5 ?5562
EMPLOYEE'S Ch. 55
have pay and allowances credited under subsection (a) of this sec-
tion. Publ.,. 89-554, Sept. 6,1966,80 Stat. 490.
Dori vatting
(a)
Historical and Revision Notes
Reviser's Notes
United States Code
GOA U.S.C. 11002(a) (lot
sentence, less last 10
words).
50A U.S.C. 1011 (ss appli-
cablo to ? 1002(a) (1st
sentence)).
50A U.S.C. 1002(a) (last
16 words of 1st sentence,
and 20 sentence).
GOA U.S.C. 1002(a) (71d
sentence, less lot 25
words).
50A U.S.C. 100(1 (20 sen-
tence, as applicable to
pay and allowances).
Explanatory Notes.
Only that portion of the source law
which is applicable to civilian officers
and employees and their dependents is
codified in this section.
In subsection (a), the words "An
employee its a missing status" are
substituted for the first 66 words of 50A
U.S.C. 3.002(a) to conform to the def-
initions in Election 5561(2) and (5). The
words "pay and allowances" are
substituted for the enumeration of pay
and allowances in the first sentence of
50A. U.S.C. 1002(a) to conform to the def-
inition in section 5501(6). The words "or
is performing full-time training duty,
other full-time duty, or inactive duty
training" and "except that the pay and
allowances for a person who is per-
forming full time training duty or other
full-time duly without pay, or inactive
duty training with or without pay, shall
be that to which he would have been en-
titled if he had been performing full-time
Revised Statutes and Statutes at Large
Mar. 7, 1012, ? 2(a) (lot 2 sit
tenues and 130 sentence, has lot 28
words) ; added.
July 1, 1014, ch. 371, ? 2, 55 Slat. 679.
Apr. 4, 11.63, ch. 17, ? 1(a), 67 Stat. 21.
Aug. 29, 1057, l'un.L. 85 217, ? 1(h), 71
Stat. 491.
Aug. 14, 1961 Pub.L. 55 429, ? 1(1) (A),
(11), '7.9 Stat. 437.
Mar. 7, 1912, 1011, ? 11 (as applleable
to ? 2(a) (1st sentence)), 50 Stat. 117,
Apr. 4, 1953, ch. 17, ? 1(e), 67 Slat, 21.
Mar. 7, 1912, ch. 16(1, ?0 (ild sentence, as
applicable to pay and allowances);
added.
Dec. 24, 1912, ch. 329, ? 1 (1111 par.), 56
Stat. 1093.
Aug. 14, 1961, Pub.L. 88 429, ? 1(5) (11), 78
Stat. 437.
active duty with pay" are omitted ail
Inapplicable to civilian officers and
employees.
In subsection (b), the words "under
subsection (a) of this section" are insert-
ed for clarity.
In subsection (c), the words "United
States" are substituted for "Government"
to conform to the style of this title. The
words "under subsection (a) of this sec-
tion" are inserted for clarity.
In subsection (d), the words "an em-
ployee in a missing status" are substi-
tuted for "a person missing under the
conditions specified in section 2 of this
Act" to conform to the definitions in sec-
tion 5501(2) and (5).
Standard changes are made to conform
with the definitions applicable and the
style of this title as outlined in the pref-
ace to the report.
174
Ch. 55 PA
Generally 8
AliNeneR froM post without a,
Construction 1
Subsistence and quarters alloy
Library references
Cnited States C.?..s39(7, tn.
C.J.S. United States t? 17, 41,
I. Construction
-Where at time individual AV
prisoner of the Japanese ale,
.enlitled to receive per diem
for quarters and subsistence
permanently assigned person:,
under this section providins
Untied pay and allowances wl
tivity, entitled to have credi
pay account during period it
allowances for subsistence an
Dllks v..11 S., Ct.C1.1950, 91 1
opinion superseded ai
Ct.C11. 433, motion overruled 111
tr7 F.Supp. 702.
2. Subsistence and quarters
Where plaintiff, a governinm
was receiving per diem of 55.d
subsistence while traveling 01,
nental limits of United States
so traveling plaintiff was ea
Interned in Japan, allowance
to plaintiff was in fact and in
Porary per diem allowance Co:
Dense and was not within se
subchapter authorizing rre
"same pay and allowances"
person captured by an enen
titled at beginning of such p(
settee or became entitled to
? 5563. Allotmen
sumpti,
Iimitati
(a) An allotment (i:
States- savings bonds)
missing status may be c
notwithstanding the em
made.
(b) In the absence o
sufficient for a purpos(
cerned, he or his desig
allotment as circumstan
the employee concerned
App
Ch.
ubseetion (a) of MI.:
Notes
-qattites and Statutes at taros
ii12, eh: 1(6, ? 2(11) 1,1 2 4e,
and 3.1 sentence, less lot 170
: added.
ch, 371, ? 2, 00 Slat 117u
eh. 17, ? l(at 67 std. 21.
1637, Publ.. 1:5 217, I, 71
11,111, lull,, Ss 120. ?
Stat. 137.
112, eh. till, ? 11 a oldie,
(1s1: 51 1111'11l`p.) ), 751 $l,
17, ? I (et 67 Soit. 21.
? a 12,1
to pay and ;
412, ch. 828, ? 1 (Ith part, 50
471, l'ab.L. SS 2S, ? 1(5) (lit 78
-.4 with pay' are OlIlitloil els
to civilian offieers and
stion (Ii), the words "under
(a) of this section" are insert-
ty.
Cr), the words "United
substituted for "Clovernment"
to the style of this title. Tho
or subsection (a) of this sec.-
'sorted for clarity'.
Lion (II), the words "iiii ein-
t missing status" are substi-
'a person missing under the
-Tech-led in section 2 of this
Coon to the definitions ill 1'1-`1!
and (5),
-changes are made to conform
!Emilio/Is applicable and tho
o title as outlined in the
pret-
'1IO
CI. 55
PAY ADMINISTRATION 5 ? 5563
Notes of Decisions
Generally 3
Absecon, from post without authority 4
lfevenor v. 13. S., 1951, 101 F.Supp. 465,
construction
121 Ct.(11. 77.
sidislmtencii ond quarters allowances 2
It Peary references
pnoed slates C=:19(7, 9),
United States ?? 17, 41, 17,
Oonstriietion
Where at time individual was made a
prisoner of the Japanese army he WaS
?.'llittled to receive per diem allowances
(or quarters and subsistence given to
permanently assigned personnel, he was,
under this section providing for con-
tinued pay and allowances while in cap-
bony, entitled to have credited to his
pay account during period of captivity,
:Mow:owes for subsistence and quarters.
Irillis v. U. S., CLC1.1950, 91 F.Supp. 726,
opinion superseded 94 F.Supp, 663, 118
tO,C1. 438, motion overruled 119 C1C1. 826,
27 P.Supp, 702,
2. Subsistence and quarters allowances
Where plaintiff, a government employee,
was receiving per diem of $8.00 in lieu of
subsistence while traveling outside conti-
nental limits of United States, and while
so traveling plaintiff was captured and
interned in Japan, allowaiice authorized
to plaintiff was in fact and in law a tem-
porary per diem allowance for travel ex-
pense and was not within scope of this
Illhehapter authorizing payment of
'same pay and allowances' to which
Person captured by an enemy was en-
titled at beginning of such period of ab-
sence or became entitled to thereafter.
3. en oral ly
Compensation under thls subchapter
for period from date individual was re-
ported missing in action until official
date of death was due hi III as a contrac-
tual obligation of the government and
not as a "gratuity" and was payable to
executor of his estate and became it pert
of estate. Campbell v. Oliphant, 1917, 206
S.W.241 406, 185 Tenn. 415,
4. Absence from post without authority
Either under 1.814 Act governing pay of
prisoners of war or under this sulichap?
ter, individuals who were captured dur-
ing Korean hostilities and refused re-
patriation after Korean armistice were
entitled to pay and allowances accruing
during their detention as prisoners of
war, at least in absence of definite ad-
ministrative determination that after
capture they were no longer in active
service or were absent from posts of
duty, other than subsequently abandoned
determination as to advocacy of over-
throw of government. Bell v. U. S., Ct.
C1.1961., 81 S.Ct. 1230, 300 U.S. 393, 0 L.
Ed.241 305.
Provision denying pay to a person of-
ficially determined to have been "absent
from his post of duty without authority"
was enacted to cover persons found to
have been missing in the first place only
by reason of such unauthorized absence,
and would not cover person guilty of
misconduct, after having been taken
prisoner, Id.
? 5563. Allotments; continuance, suspension, initiation, re-
sumption, or increase while in a missing status;
limitations
(a) An allotment (including one for the purchase of United
States savings bonds) made by an employee before he was in a
missing status may be continued for the period he is in that status.
Il,loativei.thstanding the end of the period for which the allotment \vas
Ill
(b) In the absence of an allotment or when an allotment is in-
sufficient for a purpose authorized by the head of the agency con-
cerned, he or his designee may authorize such a new or increased
allotment as circumstances warrant, which is payable for the period
the employee concerned is ill 0 missing status.
175
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=-A
5 ?5563
EMPLOYEES Ch. 55
(c) All allotments from the pay and allowances of an employee in
a missing status may not total more than the amount of pay and
allowances he is permitted to allot under regulations prescribed by
the head of the agency concerned.
(d) A premium paid by the United States on insurance issued on
the life of an employee, which is unearned because it covers a period
after his death, reverts to the appropriation of the agency concerned.
(e) Subject to subsections (C) and (g) of this section, the head of
the agency concerned or his designee may direct the initiation, con-
tinuance, discontinuance, increase, decrease, suspension, or re-
sumption of an allotment from the pay and allowances of an employee
in a missing status when that action is in the interests of the em-
ployee, his dependents, or the United States.
(f) When the head of the agency concerned officially reports that
an employee in a missing status is alive, an allotment under subsec-
tions (a)?(d) of this section may be paid, subject to section 5562 of
this title, until the date the head of the agency concerned receives
evidence that the employee is dead or has returned to the controllable
jurisdiction of the agency concerned. ?
(g) When an employee in a missing status is continued in that
status under section 5565 of this title, an allotment under subsections
(a)?(d) of this section may be continued, increased, or initiated.
(h) When the head of ihe agency concerned considers it essential
for the well-being and protection of the dependents of an employee
in active service (other than an employee in a missing status), he
may, with or without the consent of the employee and subject to ter-
mination on specific request of the employee?
(1) direct the payment of a new allotment from the pay of the
employee;
(2) increase or decrease the amount of an allotment made by
the employee; and
(3) continue payment of an allotment of the employee which
has expired.
Pub.L. 8D-554, Sept. G, 1966, 80 Stat. 490.
Derivation:
(u)
(b)
(C)
instorical and Revision Notes
Reviser's Notes
United States Code
50A 1003 (1st
sentence).
50A U.S.C. 1003 (25 sen.
tetirq!, leso i II vi son)
50A 15.8.C. 1003 (1st pro-
viso of 20 sentence).
50A 11.8.C. 1003 (20 pro-
viso of 25 sentence).
Revised Statutes and Statutes at Large
Mar. 7, 1D12, ch. 166. ? 3,50 Stat. 1.11.
Doc. 21, 1012, ch. 820, ? I. (1st par.). 56
Slat. 1002.
Sttly 1, l(111, ch. 371, ? 3, 38 Stat. 680.
176
Ch. 55
lierl vial on t
(
(f)
(g)
United Sla
50A C.S.C.
SOA 1I.5.0. 1.0
eijteii Ce).
(50A is:
cable to ?
tome)).
60.A. 11.5.0. 104
tence, as Ill,
50A U.S.C.
Explanatory Notes.
Only that portion of 1.!,-
Whidi is applicable to eh.
and employees and their ...
codified in this section.
In subsection (a), the we:
. . . in a missing status"' or
fur the reference to "person
under section 2 of this Act
On credited with pay and ii
conform to the Serb:ilium.
3361(2) and (5). The word
otherwise provided herein"
as unnecessary.
In subsection (b), the wo:
the agency concerned, he or I
:ire substituted for 'head trf
merit concerned . . . head of
mint concerned, or such so
lie may designate", The Iv,
cc" is substituted for "per:
form to the definition in so
In subsection (c), the word
are omitted as surplusage.
"employee In a missing
substituted for "absent pen
form to the definitions In sc
lind (3).
In subsection (5), the Iv,
States" are substituted for
In conform to the style of th
word "employee" is substith
son" to conform to the dell;
tion 5661(2).
United States (>30(7, 9)?
T. 5 U.S.C.A. ?? 5101 to 8500
642c1 ? CIA--RDP84-0_0,492.ROOp1001(10,03-0
CIL 55
? of an employee in
mount of pay and
ions prescribed by
,-oirance issued on
, it coven:4 it period
agency concerned.
,el ion, the head ef
he iliitiltt Ion, con-
spension, or re-
,..es of an employee
(Tests ii the cut-
ly that
L.)nt under subsec-
to section 5562 of
?weerned receives
',L.) the controllable
continued in that
!Hider subsections
or initiated.
=iders it essential
s of an employee
ssing status), he
ta.l subject to ter-
-mi the pay of the
llotment made by
? employee which
Statutes at Large
?11, 50 Stat. 114.
8, ?I (lot par.), 50
1 3, 58 Stat, 080,
Ch. 55
Dori vat ion:
?9
(f)
(g)
PAY ADMINISTRATION
'United Slates Codo
50A U.S.C. 1001
50A t7.:4.C. '1000 (1st
sentence).
50A U.S.C. 1011 no still-
cable to ? 1000 (1s1 sen-
tence)).
50A 1.1.S.C. 1000 (2,1 sen-
tence, as applicable to
allotments).
50A U.S.C. 1007
Explanatory Notes.
Only that portion of the source law
whitth is applicable to civilian offiiters
and employees and their dej.endunts is
codified in this section.
In on (a), the words "employee
... in a missing et:this" are substituted
for the reference to "person . entitled
under section 2 of this Act to receive or
be credited with pay and allowances" to
conform to the definitions in section
5501_(2) and (5). The words "except as
otherwise provided herein" are omitted
118 unnecessary.
In subsection (b), the words "lictid of
the .ngency concerned, he or his designee"
are substituted for "head of the depart-
ment concerned ... head of the depart-
ment concerned, or such subordinate as
he may designate". The word "('mploy-
ee" is substituted for "person" to con-
form to the definition in section 5301(2).
In subsection (c), the words "in effect"
are omitted as surplusage. The words
"employee in a missing status" are
substituted for "absent person" to con-
form to the definitions in section 5501(2)
loid (5).
in subsection (d), the \ vords "-United
States" are substituted f.r "Oovernimint"
to conform to the style of Otis title. The
word "employee" is subsiii it ('Ii for "per-
son" to conform to the definition in sec-
tion 5501(2).
United States C;;;;i39(7, 9).
5 ? 5563
Itovised Statutes and Statutes at Large
:Mar. 7, 1942, eh. 100, ? 1,511 Slat. 111.
111',.. 21, 1912, ch. 828, 5 1 (2,1 par',
50 Stat. 11092.
.1.ily 1, 1911, ca. 371, ? 4-, 58 Stat. 080.
:Oar. 7, 1912, ch. 100, ? G (lot sentence and
211 SO11111111'0, 11:1 111)1111C1)1)10 to allot-
ments) ; added.
lss.. 21, 1912, cl), 828, ? 1 (41,11. pir.), 50
51,;11-..100:1,
Apr. 1, 1952, ''Ii. 17, ? 1(1), 07 Stat. 21.
Aug. 11, 1961, 88 428, ? 1(5), 78
SIit, lilT.
i?lar. 7, 11042, ch. 1110, ? .14 (as applisible to
(ist sen(ence)), 50 Stat. 147.
Apr, 4, 1932, cll. 17, ? 1(e), 67 Stat. 21,
1:111ar. 7, 11112, eh. 1011. ? 7, 50 Stat. 113.
Aug. 14, 1901, 88 428, ? 1(0), 78
Stat. 4137.
In subsection (e), the words "head of
the agency concerned or his designee"
are substituted for "head of the depart-
ment concerned, or such subordinates as
he may designate". The words "em-
ployee in it missing status" are substi-
tuted for "person entitled to receive or
be credited with pay and till oWances un-
der section 2 of this Act" to conform
to the definitions in section 5301(2) and
(5). The words "United States" are sub--
E:ti litted for "Government" to conform to
the style of this title.
In subsections (0 and (g), the words
"employee In a passing status" are
substituted Cl)r "person missing under
the conditions specified in section 2 of
this Act" to conform to the definitions in
section 5501(2) and (5).
In subsection (10, the words "employee
in a missing status" are substituted for
"persons entitled under section 2 or 14 of
this Act to receive pay and allowances"
to conform to the definitions In section
5501(2) and (5). In paragraph (2), the
words "heretofore or hereafter" are 01 flit-
ted as unnecessary.
Standard changes are made to conform
with the definitions applicable ond the
style of this title tts outlined in the pref-
ace to the report.
Library References
C.J.S. United States ?? 17, 11, 17.
T. 5 U.S.C.A. 50 5101 to 8500-12
177
00.3000100
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Approved For Release 2003/06/20 : CIA-RDP84-00499R000300010003-0