SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (1)–(4) | 50A U.S.C. 1001. | Mar. 7, 1942, ch. 166, §1, |
| July 1, 1944, ch. 371, §1, |
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| May 16, 1947, ch. 70, §1, |
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| Aug. 29, 1957, |
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| Aug. 14, 1964, |
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| (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 |
| Aug. 29, 1957, |
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| Aug. 14, 1964, |
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| (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)), |
| (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
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.
Editorial Notes
Amendments
1997—Par. (6)(D).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Accounting for Civilian Employees and Contractors of United States
Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
Hostage Relief
Executive Documents
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 (
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.
§5562. Pay and allowances; continuance while in a missing status; limitations
(a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled—
(1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under
(2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of
An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee's rate of basic pay in effect at the time the leave was forfeited.
(b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of—
(1) receipt by the head of the agency concerned of evidence that the employee is dead; or
(2) death prescribed or determined under
That entitlement does not end—
(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.
(c) An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
(d) When an employee in a missing status is continued in that status under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1002(a) (1st sentence, less last 46 words). | Mar. 7, 1942, ch. 166, §2(a) (1st 2 sentences and 3d sentence, less 1st 28 words); added |
| Apr. 4, 1953, ch. 17, §1(a), |
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| Aug. 29, 1957, |
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| Aug. 14, 1964, |
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| 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)), |
|
| (b) | 50A U.S.C. 1002(a) (last 46 words of 1st sentence, and 2d sentence). | |
| (c) | 50A U.S.C. 1002(a) (3d sentence, less 1st 28 words). | |
| (d) | 50A U.S.C. 1006 (2d sentence, as applicable to pay and allowances). | Mar. 7, 1942, ch. 166, §6 (2d sentence, as applicable to pay and allowances); added Dec. 24, 1942, ch. 828, §1 (4th par.), Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "An employee in a missing status" are substituted for the first 66 words of 50A U.S.C. 1002(a) to conform to the definitions in section 5561(2) and (5). The words "pay and allowances" are substituted for the enumeration of pay and allowances in the first sentence of 50A U.S.C. 1002(a) to conform to the definition in sections 5561(6). The words "or is performing full-time training duty, other full-time duty, or inactive duty training" and "except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled if he had been performing full-time active duty with pay;" are omitted as inapplicable to civilian officers and employees.
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity.
In subsection (c), the words "United States" are substituted for "Government" to conform to the style of this title. The words "under subsection (a) of this section" are inserted for clarity.
In subsection (d), the words "an employee in a missing status" are substituted for "a person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—Subsec. (a).
1973—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Former Employees or Their Beneficiaries
§5563. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
(a) An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
(b) In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
(c) All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
(d) A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
(e) Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
(f) When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to
(g) When an employee in a missing status is continued in that status under
(h) When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee—
(1) direct the payment of a new allotment from the pay of the employee;
(2) increase or decrease the amount of an allotment made by the employee; and
(3) continue payment of an allotment of the employee which has expired.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1003 (1st sentence). | Mar. 7, 1942, ch. 166, §3, |
| July 1, 1944, ch. 371, §3, |
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| (b) | 50A U.S.C. 1003 (2d sentence, less proviso). | |
| (c) | 50A U.S.C. 1003 (1st proviso of 2d sentence). | |
| (d) | 50A U.S.C. 1003 (2d proviso of 2d sentence). | |
| (e) | 50A U.S.C. 1004 | Mar. 7, 1942, ch. 166, §4, |
| Dec. 24, 1942, ch. 828, §1 (2d par.), |
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| July 1, 1944, ch. 371, §4, |
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| (f) | 50A U.S.C. 1006 (1st sentence). | Mar. 7, 1942, ch. 166, §6 (1st sentence and 2d sentence, as applicable to allotments); added |
| Dec. 24, 1942, ch. 828, §1 (4th par.), |
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| Apr. 4, 1953, ch. 17, §1(b), |
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| Aug. 14, 1964, |
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| 50A U.S.C. 1014 (as applicable to §1006 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §6 (1st sentence)), |
|
| (g) | 50A U.S.C. 1006 (2d sentence, as applicable to allotments). | |
| (h) | 50A U.S.C. 1007. | Mar. 7, 1942, ch. 166 §7, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "employee . . . in a missing status" are substituted for the reference to "person . . . entitled under section 2 of this Act to receive or be credited with pay and allowances" to conform to the definitions in section 5561(2) and (5). The words "except as otherwise provided herein" are omitted as unnecessary.
In subsection (b), the words "head of the agency concerned, he or his designee" are substituted for "head of the department concerned . . . head of the department concerned, or such subordinate as he may designate". The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (c), the words "in effect" are omitted as surplusage. The words "employee in a missing status" are substituted for "absent person" to conform to the definitions in section 5561(2) and (5).
In subsection (d), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (e), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinates as he may designate". The words "employee in a missing status" are substituted for "person entitled to receive or be credited with pay and allowances under section 2 of this Act" to conform to the definitions in section 5561(2) and (5). The words "United States" are substituted for "Government" to conform to the style of this title.
In subsections (f) and (g), the words "employee in a missing status" are substituted for "person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
In subsection (h), the words "employee in a missing status" are substituted for "persons entitled under section 2 or 14 of this Act to receive pay and allowances" to conform to the definitions in section 5561(2) and (5). In paragraph (2), the words "heretofore or hereafter" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
(a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense.
(b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) (A)–(E) of this title to—
(1) the official residence of record for the employee;
(2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or
(3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection.
(c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
(d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested.
(e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize—
(1) reimbursement for the commercial cost of the transportation; or
(2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished.
(f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available.
(g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts.
(h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the Administrator of General Services by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the Administrator of General Services shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the Administrator of General Services or the courts.
(i) This section does not amend or repeal—
(1)
(2) section 507 1 of title 14; or
(3)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1012 (14th sentence). | Mar. 7, 1942, ch. 166, §12, |
| Aug. 29, 1951, ch. 356, §1, |
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| Apr. 4, 1953, ch. 17, §1(d), |
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| Aug. 29, 1957, |
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| (b) | 50A U.S.C. 1012 (1st sentence). | Aug. 14, 1964, |
| 50A U.S.C. 1014 (as applicable to §1012 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §12 (1st sentence)), |
|
| (c) | 50A U.S.C. 1012 (12th sentence). | |
| (d) | 50A U.S.C. 1012 (13th sentence). | |
| (e) | 50A U.S.C. 1012 (11th sentence). | |
| (f) | 50A U.S.C. 1012 (9th and 10th sentences). | |
| (g) | 50A U.S.C. 1012 (2d–4th sentences). | |
| (h) | 50A U.S.C. 1012 (5th–7th sentences). | |
| (i) | 50A U.S.C. 1012 (8th sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "Beginning June 25, 1950, and" are omitted as executed. The words "not to exceed" are omitted as unnecessary. The words "outside the United States, or in Alaska or Hawaii" are substituted for "outside the continental limits of the United States or in Alaska".
In subsection (b), the words "Transportation . . . may be provided" are substituted for "may be moved". The words "an employee . . . for more than 28 days in a status listed in section 5561(5)(A)–(E) of this title" are substituted for "person . . . for a period of thirty days or more in any status listed in section 2 of this Act" for clarity and to conform to the definitions in section 5561(2) and (5). In paragraph (1), the words "the employee" are substituted for "any such person". In paragraph (3), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned or by such person as he may designate".
In subsection (c), the word "employee" is substituted for "person". The words "transportation . . . may be provided under this section only when" are substituted for "movement . . . provided for herein may be authorized only in cases where".
In subsection (d), the words "on request of a dependent may be provided under . . . only" are substituted for "No . . . shall be authorized pursuant to . . . upon application by dependents unless". The words "condition and" are omitted as surplusage.
In subsection (e)(1), the words "reimbursement for" are substituted for "the payment in money of amounts equal to".
In subsection (f), the word "employee" is substituted for "person". The words "such time as" are omitted as surplusage.
In subsection (g), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person". The words "under . . . prescribed" are substituted for "in accordance with . . . issued".
In subsection (h), the words "under subsection (g) of this section" are substituted for "under authority of this section".
In subsection (i), the words "the provisions of" are omitted as surplusage. Paragraph (3) is substituted for "the Federal Tort Claims Act (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5564(a) | 50 App.: 1012. | Oct. 19, 1965, |
Only that portion of the source law applicable to civilian officers and employees and their dependents is codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in
Editorial Notes
References in Text
Amendments
1996—Subsec. (h).
1991—Subsec. (i)(1).
1 See References in Text note below.
§5565. Agency review
(a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may—
(1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or
(2) make a finding of death.
(b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is—
(1) the day after the day on which the 12 months in a missing status ends; or
(2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.
(c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1005 (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §5, |
| Aug. 14, 1964, |
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| 50A U.S.C. 1014 (as applicable to §1005 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §5 (1st sentence)), |
|
| (b) | 50A U.S.C. 1005 (less 1st and 2d sentences). | |
| (c) | 50A U.S.C. 1009(b) (as applicable to §1005). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "When an employee has been in a missing status almost 12 months" are substituted for "When the twelve months' period from the date of commencement of absence is about to expire in any case of a person entitled under section 2 of this Act to receive or be credited with pay and allowances" for clarity and to conform to the definitions in section 5561(2) and (5). For the same reasons, the words "the end of 12 months in a missing status" are substituted for "the twelve months' absence shall have expired". The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in section 5566(a). In paragraph (1), the words "his" and "employee" are substituted for "person's" and "person".
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity. The words "and payment of death gratuities" are omitted as inapplicable to civilian officers and employees. In paragraph (1), the words "the day on which the 12 months in a missing status ends" are substituted for "the day of expiration of an absence of twelve months" for consistency with subsection (a) of this section and in view of the definition in section 5561(5). In paragraph (2), the words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "under subsection (a) of this section" are substituted for "as hereinbefore authorized".
In subsection (c), the word "sole" is omitted as surplusage and in view of the provisions of section 5566(h). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5566. Agency determinations
(a) The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to—
(1) death or finding of death;
(2) the fact of dependency under this subchapter;
(3) any other status covered by this subchapter;
(4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and
(5) whether information received concerning an employee is to be construed and acted on as an official report of death.
(b) When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or other status of the employee. After the end of 12 months in a missing status prescribed by
(c) The head of the agency concerned or his designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
(d) When circumstances warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his designee may change or modify it.
(e) When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party.
(f) Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death.
(g) The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
(h) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1009(a) (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §9(a) (less 5th and last sentences); added |
| Apr. 4, 1953, ch. 17, §1(c), |
||
| Aug. 29, 1957, |
||
| 50A U.S.C. 1010. | Mar. 7, 1942, ch. 166, §10, |
|
| July 1, 1944, ch. 371, §6, Aug. 14, 1964, |
||
| (b) | 50A U.S.C. 1009(a) (3d and 4th sentences). | |
| (c) | 50A U.S.C. 1009(a) (6th sentence, less last proviso). | |
| 50A U.S.C. 1014 (as applicable to §1009(a) (1st proviso of 6th sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §9(a) (1st proviso of 6th sentence)), |
|
| (d) | 50A U.S.C. 1009(a) (7th sentence). | |
| (e) | 50A U.S.C. 1009(a) (last proviso of 6th sentence). | |
| (f) | 50A U.S.C. 1009(a) (8th sentence). | |
| (g) | 50A U.S.C. 1009(a) (9th sentence). | |
| (h) | 50A U.S.C. 1009(b) (as applicable to §1009). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §9); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinate as he may designate". The words "for the purposes of this Act" are omitted as surplusage. The words "final and" in 50A U.S.C. 1010 are omitted as surplusage and for consistency with 50A U.S.C. 1009(a) (1st sentence). The words "the determination of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law, and the determination of the fact of dependency under the provisions of any and all other laws providing for the payment of pay, allowances, or other emoluments to enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States where such payments are contingent upon dependency" in 50A U.S.C. 1010 are omitted as inapplicable to civilian officers and employees and their dependents. In paragraph (2), the words "under this subchapter" are substituted for "under the provisions of this Act". In paragraph (3), the words "covered by this subchapter" are substituted for "dealt with by this Act". In paragraph (4), the words "by the head of the agency concerned" are substituted for "in such department or by the head thereof". In paragraph (5), the word "employee" is substituted for "person".
In subsection (b), the words "head of the agency concerned" are substituted for "department concerned". The word "employee" is substituted for "person". In the second sentence, the words "the head of the agency concerned or his designee" are inserted for clarity. The words "is dead" are substituted for "is no longer alive" for consistency with references in this section to "death".
In subsection (c), the words "or his designee" are substituted for "or by such subordinate as he may designate". The words "captured, beleaguered, or besieged by a hostile force" are substituted for "in the hands of a hostile force" on authority of 50A U.S.C. 1014.
In subsection (d), the words "under this subchapter" are substituted for "authorized to be made by this Act". The words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (e), the words "an employee . . . allotment paid under this subchapter" are substituted for "any person . . . allotments paid pursuant to this Act". The words "the employee if the head of the agency concerned or his designee" are substituted for "such person's . . . in any case in which . . . the head of the department concerned, or such subordinate as he may designate."
In subsection (f), the words "may not be collected" are substituted for "shall not be subject to collection" in two places. The word "employee" is substituted for "person".
In subsection (g), the words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (h), the word "sole" is omitted as surplusage and in view of the provisions of section 5565(c). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in subsection (a) of this section. The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5567. Settlement of accounts
(a) The head of the agency concerned or his designee may settle the accounts of—
(1) an employee for whose account payment has been made under
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.
That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials.
(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement.
(c) In settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in carrying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 50A U.S.C. 1011. | Mar. 7, 1942, ch. 166, §11, |
| (b) | 50A U.S.C. 1009(a) (5th sentence). | Mar. 7, 1942, ch. 166, §9(a) (5th and last sentences); added |
| July 1, 1944, ch. 371, §5, Aug. 29, 1957, |
||
| (c) | 50A U.S.C. 1009(a) (last sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "or his designee" are substituted for "or such person as he may designate". The word "employee" is substituted for "persons". The words "United States" are substituted for "Government" to conform to the style of this title.
In subsection (c), the words "in carrying out this subchapter, except section 5568" are substituted for "in carrying out the provisions of this Act, except sections 13, 16, 17, and 18", since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words "under this subchapter, except section 5568" are substituted for "under such provisions" for the reasons stated in the preceding sentence.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5568. Income tax deferment
Notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates:
(1) the fifteenth day of the third month in which he ceased (except because of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 50A U.S.C. 1013. | Mar. 7, 1942, ch. 166, §13, |
|
| Aug. 8, 1947, ch. 515, §6, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
The words "in the case of any taxable year beginning after December 31, 1940" are omitted as unnecessary.
The words "an employee" are substituted for "any civilian officer or employee of any department" to conform to the definition in section 5561(2). The words "in a missing status" are substituted for "absent from his duty station under the conditions specified in section 2 of this Act" to conform to the definition in section 5561(5) and in view of the provisions of section 5562 establishing the entitlement of an employee in a missing status to receive pay and allowances or to have them credited to his account. Reference to "title 26" is substituted for "Internal Revenue Code of 1954".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5569. Benefits for captives
(a) For the purpose of this section—
(1) "captive" means any individual in a captive status commencing while such individual is—
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) "captive status" means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual's relationship with the Government;
(3) "missing status"—
(A) in the case of an employee, has the meaning provided under
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) "family member", as used with respect to a person, means—
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person's family or household.
(b)(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Such interest shall be compounded quarterly.
(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of
(4) Any interest accruing under this subsection on—
(A) any amount for which an individual is indebted to the United States under
(B) any amount referred to in
(5) An allotment under this subsection may be made without regard to
(c) The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care—
(1) is incident to such individual being a captive; and
(2) is not covered—
(A) by any Government medical or health program; or
(B) by insurance.
(d)(1) Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under
(3) The President—
(A) may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and
(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of
(i) during the period of captivity of such individual; and
(ii) related to the captive status of such individual.
(4) A payment under this subsection shall be in addition to any other amount provided by law.
(5) The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individual's death.
(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of
(e)(1) Under regulations prescribed by the President, the benefits provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act, shall be provided in the case of any individual who is a captive.
(2) In applying such Act under this subsection—
(A) the term "servicemember" is deemed to include any such captive;
(B) the term "period of military service" is deemed to include the period during which the individual is in a captive status; and
(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President.
(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs—
(i) after that individual has been in captive status for 90 days or more, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date.
In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause.
(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual's death.
(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under
(E) For the purpose of this paragraph, "child" means a dependent under
(2)(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Payments shall be available under this paragraph for a captive for education or training which occurs—
(i) after the termination of that individual's captive status, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and
shall be available only to the extent that such payments are not otherwise authorized by law.
(3) Assistance under this subsection—
(A) shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to
(B) may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than full-time education or training).
(4) Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the assistance program under chapters 35 and 36 of title 38.
(g) Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if—
(1) such family member is held in captive status; and
(2) such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences.
(h) Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after January 21, 1981.
(i) Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review.
(j) The President may prescribe regulations necessary to administer this section.
(k) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
Editorial Notes
References in Text
The date of the enactment of the Victims of Terrorism Compensation Act [title VIII of
Section 802 of the Victims of Terrorism Compensation Act [
The Servicemembers Civil Relief Act, referred to in subsec. (e)(1), is act Oct. 17, 1940, ch. 888,
Amendments
2003—Subsec. (e)(1).
Subsec. (e)(2)(A).
1991—Subsec. (f)(3)(A).
Statutory Notes and Related Subsidiaries
Short Title of 1986 Amendment
Payment to Individuals Held in Captive Status Between November 4, 1979, and January 21, 1981
Transition Provisions
"(a)
"(2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period.
"(b)
"(c)
Regulations
Effective Date of Entitlements
Executive Documents
Executive Order No. 12576
Ex. Ord. No. 12576, Dec. 2, 1986, 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out below.
Ex. Ord. No. 12598. Victims of Terrorism Compensation
Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (
Ronald Reagan.
§5570. Compensation for disability or death
(a) For the purpose of this section—
(1) "employee" means—
(A) any individual in the Civil Service; and
(B) any individual rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); and
(2) "family member", as used with respect to an employee, means—
(A) any dependent of such employee; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee's family or household.
(b) The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual's relationship with the Government.
(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under
(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of
(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981.
(g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
Statutory Notes and Related Subsidiaries
Civilian Service Recognition
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Civilian Service Recognition Act of 2011'.
"SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL CIVILIAN EMPLOYEES WHO DIE OF INJURIES INCURRED IN CONNECTION WITH THEIR EMPLOYMENT.
"(a)
"(1) was an employee of the agency; and
"(2) dies of injuries incurred in connection with such individual's employment with the Federal Government, suffered as a result of a criminal act, an act of terrorism, a natural disaster, or other circumstance as determined by the President.
"(b)
"(1) the employee's widow or widower, child, sibling, or parent; or
"(2) if no request is received from an individual described in paragraph (1), an individual other than the next of kin as determined by the Director of the Office of Personnel Management.
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
Executive Documents
Delegation of Functions
Functions of the President under this section delegated to the Secretary of State to be exercised in consultation with the Secretary of Labor, see Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under