
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5561]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
              SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES
 
Sec. 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 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, Sec. 603(d)(3), Nov. 18, 1997, 111 Stat. 1783.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(1)-(4)............  50A U.S.C. 1001.              Mar. 7, 1942, ch.
                                                    166, Sec.  1, 56
                                                    Stat. 143.
                     ............................  July 1, 1944, ch.
                                                    371, Sec.  1, 58
                                                    Stat. 679.
                     ............................  May 16, 1947, ch. 70,
                                                    Sec.  1, 61 Stat.
                                                    96.
                     ............................  Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(a), 71 Stat. 491.
                     ............................  Aug. 14, 1964, Pub.
                                                    L. 88-428, Sec.
                                                    1(1), (2), 78 Stat.
                                                    437.
(5)................  50A U.S.C. 1002(a) (3d        Mar. 7, 1942, ch.
                      through 66th words of 1st     166, Sec.  2(a) (3d
                      sentence, and 1st 28 words    through 66th words
                      of 3d sentence, for           and 96th through
                      definition purposes).         120th words of 1st
                                                    sentence, and 1st 28
                                                    words of 3d
                                                    sentence, for
                                                    definition
                                                    purposes); added
                                                   July 1, 1944, ch.
                                                    371, Sec.  2, 58
                                                    Stat. 679.
                                                   Apr. 4, 1953, ch. 17,
                                                    Sec.  1(a), 67 Stat.
                                                    21.
                     ............................  Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(b) (1st par.), 71
                                                    Stat. 491.
                     ............................  Aug. 14, 1964, Pub.
                                                    L. 88-428, Sec.
                                                    1(3)(A), (C), 78
                                                    Stat. 437.
(5)................  50A U.S.C. 1014 (as           Mar. 7, 1942, ch.
                      applicable to Sec.  1002(a)   166, Sec.  14 (as
                      (1st sentence)).              applicable to Sec.
                                                    2(a) (1st
                                                    sentence)), 56 Stat.
                                                    147.
                                                   Apr. 4, 1953, ch. 17,
                                                    Sec.  1(e), 67 Stat.
                                                    21.
(6)................  50A U.S.C. 1002(a) (96th
                      through 120th words of 1st
                      sentence, for definition
                      purposes).
------------------------------------------------------------------------

    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.


                               Amendments

    1997--Par. (6)(D). Pub. L. 105-85 substituted ``housing'' for 
``quarters''.


                    Effective Date of 1997 Amendment

    Section 603(e) of Pub. L. 105-85 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 Services, and section 454 of Title 50, 
Appendix, War and National Defense, 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, Sec. 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 procedures 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 procedures may be improved, and further provided for 
submission 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, Sec. 599C, Nov. 5, 1990, 104 Stat. 2064, 
as amended by Pub. L. 102-138, title III, Sec. 302(a), Oct. 28, 1991, 
105 Stat. 707; Pub. L. 102-499, Sec. 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 hostages captured in Lebanon.


                             Hostage Relief

    Pub. L. 96-449, Oct. 14, 1980, 94 Stat. 1967, as amended by Pub. L. 
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-83, 
Sec. 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 seizure of the 
United States Embassy in Iran.

                        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, designated 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5564, 5569 of this title; 
title 10 sections 4342, 6954, 9342; title 26 sections 112, 6013.
