5 U.S.C. § 5561 — Definitions

Page 692 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5553 The words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘Employees of the United States Government, . . . (in- cluding employees of any corporation created under au- thority of an Act of Congress which is either wholly controlled or wholly owned by the United States Gov- ernment, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)’’. The words ‘‘subsequent to May 1, 1940’’ are omitted as obsolete. The words ‘‘active duty in the armed forces’’ and ‘‘active duty’’ are substituted for ‘‘active military or naval service in the land or naval forces of the United States’’ and ‘‘active military or naval service’’, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words ‘‘by vol- untary enlistment or otherwise’’ are omitted as unnec- essary. In paragraph (1), the words ‘‘in accordance with sec- tion 5551 of this title’’ are added on authority of former section 61b, which is carried into section 5551. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5553. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Added Pub. L. 102–378, § 2(45)(A), Oct. 2, 1992, 106 Stat. 1353.) SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES § 5561. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency and a military department; (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 em- ployee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a for- eign country and who was not living there solely as a result of his employment; is an employee for the purpose of this sub- chapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agen- cy; (3) ‘‘dependent’’ means— (A) a wife; (B) an unmarried child (including an un- married dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official rec- ords; and (E) an individual determined to be depend- ent 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 offi- cially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially deter- mined to be absent from his post of duty with- out authority; and (6) ‘‘pay and allowances’’ means— (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for housing; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 489; Pub. L. 105–85, div. A, title VI, § 603(d)(3), Nov. 18, 1997, 111 Stat. 1783.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (1)–(4) ........ 50A U.S.C. 1001. Mar. 7, 1942, ch. 166, § 1, 56 Stat. 143. July 1, 1944, ch. 371, § 1, 58 Stat. 679. May 16, 1947, ch. 70, § 1, 61 Stat. 96. Aug. 29, 1957, Pub. L. 85–217, § 1(a), 71 Stat. 491. Aug. 14, 1964, Pub. L. 88–428, § 1(1), (2), 78 Stat. 437. (5) ............. 50A U.S.C. 1002(a) (3d through 66th words of 1st sen- tence, and 1st 28 words of 3d sen- tence, for defini- tion purposes). Mar. 7, 1942, ch. 166, § 2(a) (3d through 66th words and 96th through 120th words of 1st sentence, and 1st 28 words of 3d sen- tence, for definition pur- poses); added July 1, 1944, ch. 371, § 2, 58 Stat. 679. Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21. Aug. 29, 1957, Pub. L. 85–217, § 1(b) (1st par.), 71 Stat. 491. Aug. 14, 1964, Pub. L. 88–428, § 1(3)(A), (C), 78 Stat. 437. (5) ............. 50A U.S.C. 1014 (as applicable to § 1002(a) (1st sen- tence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 2(a) (1st sentence)), 56 Stat. 147. Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. (6) ............. 50A U.S.C. 1002(a) (96th through 120th words of 1st sentence, for defi- nition purposes). Only that portion of the source law which is applica- ble to civilian officers and employees and their depend- ents is codified in this section. In paragraph (1), the word ‘‘agency’’ is substituted for ‘‘department’’. The words ‘‘including such term when used in the amendment made by section 16’’ are omit- ted as surplusage. The words ‘‘an Executive agency and a military department’’ are coextensive with and sub- stituted for ‘‘any executive department, independent establishment, or agency (including corporations) in Page 693 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5562 the executive branch of the Federal Government’’ in view of the definitions in sections 105 and 102, and on authority of 5 U.S.C. 933a which provides that general legislation governing employment, compensation, and the status of employees of the United States applies to employees of the General Accounting Office in the same manner as if they were in the executive branch. In paragraph (3)(A), the word ‘‘lawful’’ is omitted as unnecessary in view of the accepted recognition of the fact that the word ‘‘wife’’ means a lawful wife. In para- graph (3)(E), the words ‘‘head of the agency concerned or his designee’’ are substituted for ‘‘head of the de- partment concerned, or subordinate designated by him’’. The definitions in paragraphs (5) and (6), which do not appear in, but are based on, the source law are created for legislative convenience. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1997—Par. (6)(D). Pub. L. 105–85 substituted ‘‘housing’’ for ‘‘quarters’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title VI, § 603(e), Nov. 18, 1997, 111 Stat. 1783, provided that: ‘‘This section [amending this section, sections 708, 2830, 2882, 7572, and 7573 of Title 10, Armed Forces, section 107 of Title 32, National Guard, sections 101, 403, 405, 406, 420, 427, 551, and 1014 of Title 37, Pay and Allowances of the Uniformed Serv- ices, and section 3803 of Title 50, War and National De- fense, repealing section 403a of Title 37, and enacting provisions set out as a note under section 403 of Title 37] and the amendments made by this section shall take effect on January 1, 1998.’’ ACCOUNTING FOR CIVILIAN EMPLOYEES AND CONTRACTORS OF UNITED STATES Pub. L. 104–106, div. A, title V, § 569(e), Feb. 10, 1996, 110 Stat. 352, directed Secretary of State to carry out comprehensive study of provisions of this subchapter and any other law or regulation establishing proce- dures for accounting for civilian employees of the United States or contractors of the United States who serve with or accompany the Armed Forces in the field to determine the means, if any, by which those proce- dures may be improved, and further provided for sub- mission of report to Congress not later than one year after Feb. 10, 1996, on results of study. BENEFITS FOR UNITED STATES HOSTAGES IN IRAQ AND KUWAIT AND UNITED STATES HOSTAGES CAPTURED IN LEBANON Pub. L. 101–513, title V, § 599C, Nov. 5, 1990, 104 Stat. 2064, as amended by Pub. L. 102–138, title III, § 302(a), Oct. 28, 1991, 105 Stat. 707; Pub. L. 102–499, § 5(a), Oct. 24, 1992, 106 Stat. 3266, provided for payment of benefits during fiscal year 1991 and thereafter for United States hostages in Iraq and Kuwait and United States hos- tages captured in Lebanon. HOSTAGE RELIEF Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, known as the ‘‘Hostage Relief Act of 1980’’, provided for benefits for United States civil service and uniformed service personnel who were placed in a captive status during a hostage period beginning on Nov. 4, 1979, due to the sei- zure of the United States Embassy in Iran. Executive Documents EXECUTIVE ORDER NO. 12268 Ex. Ord. No. 12268, Jan. 15, 1981, 46 F.R. 4671, provided for the implementation of the Hostage Relief Act of 1980 (Pub. L. 96–449). EXECUTIVE ORDER NO. 12313 Ex. Ord. No. 12313, July 13, 1981, 46 F.R. 36689, des- ignated Jan. 11, 1981, as date on which all citizens and resident aliens of the United States who had been placed in captive status as a result of seizure of United States Embassy in Iran were returned to United States or otherwise accounted for and were no longer under foreign control. § 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 be- ginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled— (1) to payment for annual leave which ac- crued to his account on or after January 1, 1965, but which was forfeited under section 6304 of this title because he was unable to use that leave by virtue of his missing status; or (2) to have all of that leave restored to him and credited to a separate leave account in ac- cordance with the provisions of section 6304(d)(2) of this title. An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the ter- mination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee’s rate of basic pay in effect at the time the leave was forfeited. (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 con- cerned of evidence that the employee is dead; or (2) death prescribed or determined under sec- tion 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 para- graphs (1) and (2) of this subsection if the em- ployee dies while he is in a missing status. (c) An employee who is officially determined to be absent from his post of duty without au- thority is indebted to the United States for pay- ments 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 have pay and allowances credited under subsection (a) of this section.