5 U.S.C. § 5570 — Compensation for disability or death

Page 702 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5570 V (§ 3991 et seq.), respectively, of chapter 50 of Title 50. Sections 104, 105, 106, 501, 510, and 702 of the Act are classified to sections 3914, 3915, 3917, 3991, 4000, and 4022, respectively, of Title 50. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2003—Subsec. (e)(1). Pub. L. 108–189, § 2(b)(2)(A), which directed substitution of ‘‘provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act’’ for ‘‘ ‘provided by the Soldiers’ and Sailors’ Civil Relief Act of 1940’ and all that follows through ‘of such Act’ ’’ was executed by making the substitution for ‘‘provided by the Soldiers’ and Sailors’ Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sec- tions 104, 105, 106, 400 through 408, 501 through 512, and 514 of such Act’’ to reflect the probable intent of Con- gress. Subsec. (e)(2)(A). Pub. L. 108–189, § 2(b)(2)(B), sub- stituted ‘‘servicemember’’ for ‘‘person in the military service’’. 1991—Subsec. (f)(3)(A). Pub. L. 102–83 substituted ‘‘section 3524 of title 38’’ for ‘‘section 1724 of title 38’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–399, title VIII, § 801, Aug. 27, 1986, 100 Stat. 879, provided that: ‘‘This title [enacting this section, section 5570 of this title, sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, and sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Serv- ices, amending section 6325 of this title, and enacting provisions set out as notes under this section, sections 1051, 1095, and 2181 of Title 10, and section 559 of Title 37] may be cited as the ‘Victims of Terrorism Com- pensation Act’.’’ PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN NOVEMBER 4, 1979, AND JANUARY 21, 1981 Pub. L. 99–399, title VIII, § 802, Aug. 27, 1986, 100 Stat. 879, provided that: ‘‘The amount of the payment for in- dividuals in the Civil Service referred to in section 5569(d) of title 5, United States Code (as added by sec- tion 803 of this title), or for individuals in the uni- formed services referred to in section 559(c) of title 37, United States Code (as added by section 806 of this title), as the case may be, shall be $50 for each day any such individual was held in captive status during a pe- riod commencing on or after November 4, 1979, and end- ing on or before January 21, 1981.’’ TRANSITION PROVISIONS Pub. L. 99–399, title VIII, § 805, Aug. 27, 1986, 100 Stat. 883, provided that: ‘‘(a) SAVINGS FUND.—(1) Amounts may be allotted to the savings fund under subsection (b) of section 5569 of title 5, United States Code (as added by section 803(a) of this Act) from pay and allowances for any pay period ending after January 21, 1981, and before the establish- ment of such fund. ‘‘(2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allot- ment had occurred at the end of such pay period. ‘‘(b) MEDICAL AND HEALTH CARE; EDUCATIONAL EX- PENSES.—Subsections (c) and (f) of such section 5569 (as so added) shall be carried out with respect to the period after January 21, 1981, and before the effective date of those subsections, under regulations prescribed by the President. ‘‘(c) DEFINITION.—For the purpose of this subsection, ‘pay and allowances’ has the meaning provided under section 5561 of title 5, United States Code.’’ REGULATIONS Pub. L. 99–399, title VIII, § 807, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘Any regulation required by this title or by any amendment made by this title [see Short Title note above] shall take effect not later than 6 months after the date of enactment of this Act [Aug. 27, 1986].’’ EFFECTIVE DATE OF ENTITLEMENTS Pub. L. 99–399, title VIII, § 808, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘Provisions enacted by this title [see Short Title note above] which provide new spend- ing authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)(C)] shall not be effective until October 1, 1986.’’ Executive Documents EXECUTIVE ORDER NO. 12576 Ex. Ord. No. 12576, Dec. 2, 1986, 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out below. EX. ORD. NO. 12598. VICTIMS OF TERRORISM COMPENSATION Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, pro- vided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Title VIII of the Omnibus Diplomatic Secu- rity and Antiterrorism Act of 1986 (Public Law 99–399, 100 Stat. 853) (‘‘the Act’’) [see Short Title note set out above], and in order to provide for the implementation of that Act, it is hereby ordered as follows: SECTION 1. The functions vested in the President by that part of section 803(a) of the Act to be codified at 5 U.S.C. 5569 are delegated to the Secretary of State. SEC. 2. The functions vested in the President by that part of section 803(a) of the Act to be codified at 5 U.S.C. 5570 are delegated to the Secretary of State, to be exercised in consultation with the Secretary of Labor. SEC. 3. The functions vested in the President by sec- tion 806(a) (to be codified at 37 U.S.C. 559), section 806(c) (to be codified at 10 U.S.C. 1095 [now 10 U.S.C. 1095a]), and section 806(d) (to be codified at 10 U.S.C. 2181–2185) are delegated to the Secretary of Defense. SEC. 4. The functions vested in the President by sec- tion 806(b) (to be codified at 10 U.S.C. 1051 [now 10 U.S.C. 1032]) are delegated to the Secretary of Defense, to be exercised in consultation with the Secretary of Labor. SEC. 5. The Secretaries of State and Defense shall consult with each other and with the heads of other ap- propriate Executive departments and agencies in car- rying out their functions under this Order. SEC. 6. Executive Order No. 12576 of December 2, 1986, is hereby superseded. RONALD REAGAN. § 5570. Compensation for disability or death (a) For the purpose of this section— (1) ‘‘employee’’ means— (A) any individual in the Civil Service; and (B) any individual rendering personal serv- ice to the United States similar to the serv- ice of an individual in the Civil Service (other than as a member of the uniformed services); and (2) ‘‘family member’’, as used with respect to an employee, means— (A) any dependent of such employee; and (B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee’s family or household. (b) The President shall prescribe regulations under which an agency head may pay compensa- Page 703 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5581 1 See References in Text note below. tion for the disability or death of an employee or a family member of an employee if, as deter- mined by the President, the disability or death was caused by hostile action and was a result of the individual’s relationship with the Govern- ment. (c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569(d) of this title) in connection with such disability or death, except that noth- ing in this subsection shall result in the reduc- tion of any amount below zero. (d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review. (e) Compensation under this section may in- clude payment (whether by advancement or re- imbursement) for any medical or health ex- penses relating to the death or disability in- volved to the extent that such expenses are not covered under subsection (c) of section 5569 of this title (other than because of paragraph (2) of such subsection). (f) This section applies with respect to any dis- ability or death resulting from an injury which occurs after January 21, 1981. (g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States. (Added Pub. L. 99–399, title VIII, § 803(a), Aug. 27, 1986, 100 Stat. 882.) Statutory Notes and Related Subsidiaries CIVILIAN SERVICE RECOGNITION Pub. L. 112–73, Dec. 20, 2011, 125 Stat. 784, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Civilian Service Rec- ognition Act of 2011’. ‘‘SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL CIVILIAN EMPLOY- EES WHO DIE OF INJURIES INCURRED IN CON- NECTION WITH THEIR EMPLOYMENT. ‘‘(a) PRESENTATION AUTHORIZED.—Upon receipt of a request under subsection (b), the head of an executive agency may give a flag of the United States for an indi- vidual who— ‘‘(1) was an employee of the agency; and ‘‘(2) dies of injuries incurred in connection with such individual’s employment with the Federal Gov- ernment, suffered as a result of a criminal act, an act of terrorism, a natural disaster, or other cir- cumstance as determined by the President. ‘‘(b) REQUEST FOR FLAG.—The head of an executive agency may furnish a flag for a deceased employee de- scribed in subsection (a) upon the request of— ‘‘(1) the employee’s widow or widower, child, sib- ling, or parent; or ‘‘(2) if no request is received from an individual de- scribed in paragraph (1), an individual other than the next of kin as determined by the Director of the Of- fice of Personnel Management. ‘‘(c) CLASSIFIED INFORMATION.—The head of an execu- tive agency may disclose information necessary to show that a deceased individual is an employee de- scribed in subsection (a) to the extent that such infor- mation is not classified and to the extent that such dis- closure does not endanger the national security of the United States. ‘‘(d) EMPLOYEE NOTIFICATION OF FLAG BENEFIT.—The head of an executive agency shall provide appropriate notice to employees of the agency of the flag benefit provided for under this section. ‘‘(e) REGULATIONS.—The Director of the Office of Per- sonnel Management, in coordination with the Sec- retary of Defense and the Secretary of Homeland Secu- rity, may prescribe regulations to implement this sec- tion. Any such regulations shall provide for the head of an executive agency to consider the conditions and cir- cumstances surrounding the death of an employee and nature of the service of the employee. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) EMPLOYEE.—The term ‘employee’ has the meaning given that term in section 2105 of title 5, United States Code, and includes an officer or em- ployee of the United States Postal Service or of the Postal Regulatory Commission. ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of the President under this section dele- gated to the Secretary of State to be exercised in con- sultation with the Secretary of Labor, see Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of this title. SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS § 5581. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the govern- ment of the District of Columbia; but does not include an employee of— (i) a Federal land bank; (ii) a Federal intermediate credit bank; (iii) a regional bank for cooperatives; or (iv) the Senate within the purview of sec- tion 36a of title 2; 1 and (2) ‘‘money due’’ means the pay and allow- ances due on account of the services of a de- ceased employee for the Government of the United States or the government of the Dis- trict of Columbia. It includes, but is not lim- ited to— (A) per diem instead of subsistence, mile- age, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection there- with for which reimbursement is due; (B) allowances on change of official sta- tion; (C) quarters and cost-of-living allowances and overtime or premium pay; (D) amounts due for payment of cash awards for employees’ suggestions; (E) amounts due as refund of pay deduc- tions for United States savings bonds; (F) payment for accumulated and current accrued annual or vacation leave equal to