5 USC 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, §603(d)(3), Nov. 18, 1997, 111 Stat. 1783.)

Historical and Revision Notes
DerivationU.S. CodeRevised 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 sentence, and 1st 28 words of 3d sentence, for definition 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 sentence, for definition purposes); 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 sentence)). 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 definition purposes).

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Last modified: October 26, 2015