StacksVerified U.S. regulatory reference

5 U.S.C. § 5561

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov
For the purpose of this subchapter—
  1. (1)“agency” means an Executive agency and a military department;
  2. (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—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;
    1. (A)inside the continental United States; or
    2. (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;
  3. (3)“dependent” means—
    1. (A)a wife;
    2. (B)an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
    3. (C)a dependent mother or father;
    4. (D)a dependent designated in official rec­ords; and
    5. (E)an individual determined to be dependent by the head of the agency concerned or his designee;
  4. (4)“active service” means active Federal service by an employee;
  5. (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—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
    1. (A)missing;
    2. (B)missing in action;
    3. (C)interned in a foreign country;
    4. (D)captured, beleaguered, or besieged by a hostile force; or
    5. (E)detained in a foreign country against his will;
  6. (6)“pay and allowances” means—
    1. (A)basic pay;
    2. (B)special pay;
    3. (C)incentive pay;
    4. (D)basic allowance for housing;
    5. (E)basic allowance for subsistence; and
    6. (F)station per diem allowances for not more than 90 days.