United States Code

USC most recently checked for updates: Feb 23, 2024

§ 5561.
For the purpose of this subchapter—
“agency” means an Executive agency and a military department;
“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—
inside the continental United States; or
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;
“dependent” means—
a wife;
an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
a dependent mother or father;
a dependent designated in official rec­ords; and
an individual determined to be dependent by the head of the agency concerned or his designee;
“active service” means active Federal service by an employee;
“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—
missing in action;
interned in a foreign country;
captured, beleaguered, or besieged by a hostile force; or
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
“pay and allowances” means—
basic pay;
special pay;
incentive pay;
basic allowance for housing;
basic allowance for subsistence; and
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.)
cite as: 5 USC 5561