5 U.S.C. § 5565 — Agency review

Page 697 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5566 codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in 37 U.S.C. 554(a) by sec- tion 5(2) of this bill. Editorial Notes REFERENCES IN TEXT Section 507 of title 14, referred to in subsec. (i)(2), was redesignated section 2710 of title 14 by Pub. L. 115–282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and ref- erences to section 507 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding sec- tion 101 of Title 14, Coast Guard. AMENDMENTS 1996—Subsec. (h). Pub. L. 104–316 substituted ‘‘Admin- istrator of General Services’’ for ‘‘General Accounting Office’’ wherever appearing. 1991—Subsec. (i)(1). Pub. L. 102–190 substituted ‘‘6522, or 9712’’ for ‘‘4713, 6522, 9712, or 9713’’. § 5565. Agency review (a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may— (1) direct the continuance of his missing sta- tus, if there is a reasonable presumption that the employee is alive; or (2) make a finding of death. (b) When a finding of death is made under sub- section (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allow- ances and settlement of accounts. That date is— (1) the day after the day on which the 12 months in a missing status ends; or (2) a day determined by the head of the agen- cy concerned or his designee when the missing status has been continued under subsection (a) of this section. (c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A de- termination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 492.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 50A U.S.C. 1005 (1st and 2d sentences). Mar. 7, 1942, ch. 166, § 5, 56 Stat. 145. Dec. 24, 1942, ch. 828, § 1 (3d par.), 56 Stat. 1093. Aug. 14, 1964, Pub. L. 88–428, § 1(4), 78 Stat. 437. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large 50A U.S.C. 1014 (as applicable to § 1005 (1st sentence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 5 (1st sen- tence)), 56 Stat. 147. Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. (b) ............. 50A U.S.C. 1005 (less 1st and 2d sen- tences). (c) ............. 50A U.S.C. 1009(b) (as applicable to § 1005). Mar. 7, 1942, ch. 166, § 9(b) (as applicable to § 5); added Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 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 subsection (a), the words ‘‘When an employee has been in a missing status almost 12 months’’ are sub- stituted for ‘‘When the twelve months’ period from the date of commencement of absence is about to expire in any case of a person entitled under section 2 of this Act to receive or be credited with pay and allowances’’ for clarity and to conform to the definitions in section 5561(2) and (5). For the same reasons, the words ‘‘the end of 12 months in a missing status’’ are substituted for ‘‘the twelve months’ absence shall have expired’’. The words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in section 5566(a). In paragraph (1), the words ‘‘his’’ and ‘‘em- ployee’’ are substituted for ‘‘person’s’’ and ‘‘person’’. In subsection (b), the words ‘‘under subsection (a) of this section’’ are inserted for clarity. The words ‘‘and payment of death gratuities’’ are omitted as inappli- cable to civilian officers and employees. In paragraph (1), the words ‘‘the day on which the 12 months in a missing status ends’’ are substituted for ‘‘the day of ex- piration of an absence of twelve months’’ for consist- ency with subsection (a) of this section and in view of the definition in section 5561(5). In paragraph (2), the words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words ‘‘under subsection (a) of this sec- tion’’ are substituted for ‘‘as hereinbefore authorized’’. In subsection (c), the word ‘‘sole’’ is omitted as sur- plusage and in view of the provisions of section 5566(h). The word ‘‘deemed’’ is supplied to evidence the legal fiction provided by the words ‘‘is a ‘person’ under this Act’’ in 50A U.S.C. 1009(a). The words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words ‘‘agencies of the United States’’ are substituted for ‘‘departments of the Government’’. The words ‘‘This section does not entitle’’ are substituted for ‘‘Provided, That nothing in this section shall be construed as conferring . . . any right’’. 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. § 5566. Agency determinations (a) The head of the agency concerned or his designee may make any determination nec- essary to administer this subchapter, and when so made it is conclusive as to— (1) death or finding of death; (2) the fact of dependency under this sub- chapter; (3) any other status covered by this sub- chapter; (4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and (5) whether information received concerning an employee is to be construed and acted on as an official report of death.