§ 5561. Definitions
1,106 words·~5 min read·
/usc/title-5/section-5561A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(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.)
Only that portion of the source law which is applicable to civilian officers and employees and their dependents 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 omitted as surplusage. The words “an Executive agency and a military department” are coextensive with and substituted for “any executive department, independent establishment, or agency (including corporations) in 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 paragraph (3)(E), the words “head of the agency concerned or his designee” are substituted for “head of the department 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 definitions applicable and the style of this title as outlined in the preface to the report.
Connections86 cite this · traces to 4
Cited by 86 sections · top 57
U.S. Code
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- § 3695Limitation on period of assistance under two or more programs
- § 7442Cadets: appointment; numbers, territorial distribution
- § 1501System for accounting for missing persons
- § 551Definitions
- § 5569Benefits for captives
- § 427Family separation allowance
- § 3322Bar to duplication of educational assistance benefits
- § 405Travel and transportation allowances: per diem while on duty outside the continental United States
- § 3033Bar to duplication of educational assistance benefits
- § 9442Cadets: appointment; numbers, territorial distribution
- § 3681Limitations on educational assistance
- § 1014Payment date for pay and allowances
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- § 420Allowances while participating in international sports
- § 708Educational leave of absence
- § 2882Effect of assignment of members to housing units acquired or constructed under alternative authority
- § 8772Quarters: accommodations in place for members on sea duty or assigned to duty in connection with commissioning or fitting out of a ship
- § 5732General average contribution; payment or reimbursement
- § 8773Quarters: temporary; transient members
statutes-at-large
- Public Law 95–105To authorize fiscal year 1978 appropriations for the Department of State, the United States Information Agency, and the Board for International Broadcasting, and for other purposes
- Public Law 102–499To amend the United States Information and Educational Exchange Act of 1948, the Foreign Service Act of 1980, and other provisions of law to make certain changes in administrative authorities
- Public Law 104–106To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa
- Public Law 99–576To amend title 38, United States Code, to increase the rates of compensation and dependency and indemnity compensation for veterans and survivors, and to improve veterans’ health-care, education, employment, housing, and national cemetery programs, and for other purposes
- Public Law 96–465To promote the foreign policy of the United States by strengthening and improving the Foreign Service of the United States, and for other purposes
- Public Law 105–85To authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 99–399To provide enhanced diplomatic security and combat international terrorism, and for other purposes
- Public Law 110–252Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2008, and for other purposes
- Public Law 96–449To provide certain benefits to individuals held hostage in Iran and to similarly situated individuals, and for other purposes
- Public Law 108–375To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 98–223To amend title 38, United States Code, to increase the rates of compensation for disabled veterans and the rates of dependency and indemnity compensation for survivors; to express the sense of the Congress that increases in the rates of compensation should take effect on December 1 beginning in fisc
- Public Law 101–513Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, and for other purposes
- Public Law 102–138To authorize appropriations for fiscal years 1992 and 1993 for the Department of State, and for other purposes
register
- Proposed RulesInterim final rules with request for comments
- UnknownInterim final rule; request for comments
- NoticesNotice of proposed rulemaking
- UnknownFinal rule
- UnknownInterim final rule; request for comments
- Rules and RegulationsNotice of proposed rulemaking
- Proposed RulesInterim final rules with request for comments
- UnknownFinal rule
- NoticesFinal rule
- Presidential DocumentsProposed rules
- NoticesNotice of proposed rulemaking
Traces to 4 documents
21 references not yet in our index
- Pub. L. 89–554
- 80 Stat. 489
- Pub. L. 105–85, div. A, title VI, § 603(d)(3)
- 111 Stat. 1783
- 5 U.S.C. 933a
- Pub. L. 105–85
- Pub. L. 105–85, div. A, title VI, § 603(e)
- Pub. L. 104–106, div. A, title V, § 569(e)
- 110 Stat. 352
- Pub. L. 101–513, title V, § 599C
- 104 Stat. 2064
- Pub. L. 102–138, title III, § 302(a)
- 105 Stat. 707
- Pub. L. 102–499, § 5(a)
- 106 Stat. 3266
- Pub. L. 96–449
- 94 Stat. 1967
- Pub. L. 99–514, § 2
- 100 Stat. 2095
- Pub. L. 102–83, § 5(c)(2)
- 105 Stat. 406
Citation graph
cites case law
§ 5561
Definitions
U.S.C.×38
Stat.×30
Fed. Reg.×12
C.F.R.×6
Pub. L.Pub. L. 89–554
Stat.80 Stat. 489
Pub. L.Pub. L. 105–85, div. A, title VI, § 603(d)(3)
Stat.111 Stat. 1783
Cite5 U.S.C. 933a
Cites 25 · showing 9Cited by 86 across 4 sources