5 U.S.C. § 5561 Definitions

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 5 U.S.C. § 5561

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 employee 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 foreign country and who was not living there solely as a result of his employment;

is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;

(3) "dependent" means-

(A) a wife;

(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years 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 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 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 housing;

(E) basic allowance for subsistence; and

(F) station per diem allowances for not more than 90 days.

Cite as 5 U.S.C. § 5561

Source: 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.

current through 8/1/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Derivation</TD> <TD>U.S. Code</TD> <TD>Revised Statutes and <para>Statutes at Large</para> </TD> </TR> <TR> <TD>(1)-(4)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1001</codesec></codecitation>.</TD> <TD>Mar. 7, 1942, ch. 166, §1, 56 Stat. 143.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>July 1, 1944, ch. 371, §1, 58 Stat. 679.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>May 16, 1947, ch. 70, §1, 61 Stat. 96.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>Aug. 29, 1957, Pub. L. 85-217, §1(a), 71 Stat. 491.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>Aug. 14, 1964, Pub. L. 88-428, §1(1), (2), 78 Stat. 437.</TD> </TR> <TR> <TD>(5)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1002<subdiv>(a)</subdiv></codesec></codecitation> (3d through 66th words of 1st sentence, and 1st 28 words of 3d sentence, for definition purposes).</TD> <TD>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 sentence, for definition purposes); added <para>July 1, 1944, ch. 371, §2, 58 Stat. 679.</para> <para>Apr. 4, 1953, ch. 17, §1(a), 67 Stat. 21.</para> </TD> </TR> <TR> <TD> </TD> <TD/> <TD>Aug. 29, 1957, Pub. L. 85-217, §1(b) (1st par.), 71 Stat. 491.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>Aug. 14, 1964, Pub. L. 88-428, §1(3)(A), (C), 78 Stat. 437.</TD> </TR> <TR> <TD>(5)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1014</codesec></codecitation> (as applicable to §1002(a) (1st sentence)).</TD> <TD>Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), 56 Stat. 147. <para>Apr. 4, 1953, ch. 17, §1(e), 67 Stat. 21.</para> </TD> </TR> <TR> <TD>(6)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1002<subdiv>(a)</subdiv></codesec></codecitation> (96th through 120th words of 1st sentence, for definition purposes).</TD> <TD/> </TR> </TABLE>