5 U.S.C. § 5561
Section 5561 · Definitions
This is the Administrative Procedure Act of 1946
Amended 2 times on record
Applied in 8 court decisions — leading case Land v. Commissioner (1974)
Most recently applied in Rudisill v. McDonough (December 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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); addedJuly 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). 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, §569(e), Feb. 10, 1996, 110 Stat. 352, provided that:
“(1) The Secretary of State shall carry out a comprehensive study of the provisions of subchapter VII of chapter 55 of title 5, United States Code (commonly referred to as the ‘Missing Persons Act of 1942’) (5 U.S.C. 5561 et seq.) and any other law or regulation establishing procedures for the accounting for of [sic] civilian employees of the United States or contractors of the United States who serve with or accompany the Armed Forces in the field. The purpose of the study shall be to determine the means, if any, by which those procedures may be improved.
“(2) The Secretary of State shall carry out the study required under paragraph (1) in consultation with the Secretary of Defense, the Secretary of Transportation, the Director of Central Intelligence, and the heads of such other departments and agencies of the United States as the President designates for that purpose.
“(3) In carrying out the study, the Secretary of State shall examine the procedures undertaken when a civilian employee referred to in paragraph (1) becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for, including procedures for—
“(A) search and rescue for the employee;
“(B) determining the status of the employee;
“(C) reviewing and changing the status of the employee;
“(D) determining the rights and benefits accorded to the family of the employee; and
“(E) maintaining and providing appropriate access to the records of the employee and the investigation into the status of the employee.
“(4) Not later than one year after the date of the enactment of this Act [Feb. 10, 1996], the Secretary of State shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the study carried out by the Secretary under this subsection. The report shall include the recommendations, if any, of the Secretary for legislation to improve the procedures covered by the study.”
Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
Pub. L. 101–513, title V, §599C, Nov. 5, 1990, 104 Stat. 2064, as amended by Pub. L. 102–138, title III, §302(a), Oct. 28, 1991, 105 Stat. 707; Pub. L. 102–499, §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, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–83, §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.
Cross References
Payments to missing members of the uniformed services, see section 551 et seq. of Title 37, Pay and Allowances of the Uniformed Services.