(B) the Library of Congress; (C) the Government Printing Office; and (D) the government of the District of Columbia; and (2) "employee" means (A) an individual employed in or under an agency; and (B) an individual employed by a county committee established under section 590h (b) of title 16; but does not include (i) an employee whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for GS-18; (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for fulltime employment without a break in service of more than 3 days following service under an appointment without time limitation; (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the Canal Zone; (iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system; (v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual; (vi) an employee who, at the time of separation from the service, is entitled to receive other severance pay from the Government; (vii) an employee of the Tennessee Valley Authority; or (viii) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate. (b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who (1) has been employed currently for a continuous period of at least 12 months; and (2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency; is entitled to be paid severance pay in regular pay periods by the agency from which separated. (c) Severance pay consists of (1) a basic severance allowance computed on the basis of 1 week's basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks' basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and (2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation. Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of this subsection, basic pay includes premium pay under section 5545 (c) (1) of this title. (d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b)(1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay. (e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with section 5582 (b) of this title. (f) Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment. (g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a) (2)(B) of this section. (Added Pub. L. 90-83, § 1(34) (C), Sept. 11, 1967, 81 Stat. 201.) § 5596. Back pay due to unjustified personnel action (a) For the purpose of this section, "agency" means— (1) an Executive agency; (2) the Administrative Office of the United States Courts; (4) the Government Printing Office; and (5) the government of the District of Columbia. (b) An employee of an agency who, on the basis of an administrative determination or a timely appeal, is found by appropriate authority under applicable law or regulation to have undergone an unjustified or unwarranted personnel action that has resulted in the withdrawal or reduction of all or a part of the pay, allowances, or differentials of the employee (1) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect an amount equal to all or any part of the pay, allowances, or differentials, as applicable, that the employee normally would have earned during that period if the personnel action had not occurred, less any amounts earned by him through other employment during that period; and (2) for all purposes, is deemed to have performed service for the agency during that period except that the employee may not be credited, under this section, leave in an amount that would cause the amount of leave to his credit to exceed the maximum amount of the leave authorized for the employee by law or regulation. (c) The Civil Service Commission shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees. (Added Pub. L. 90-83, § 1 (34) (C), Sept. 11, 1967, 81 Stat. 203.) CHAPTER 57-TRAVEL, TRANSPORTATION, AND SUBSISTENCE SUBCHAPTER I-TRAVEL AND SUBSISTENCE EXPENSES; 5702. Per diem; employees traveling on official business. 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay. 5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States. 5723. Travel and transportation expenses of new appointees and student trainees; manpower shortage positions. 5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis. 5724a. Relocation expenses of employees transferred or reemployed. 5725. Transportation expenses; employees assigned to danger areas. 5726. Storage expenses; household goods and personal effects. Transportation of motor vehicles. Travel and transportation expenses; vacation leave. Expenses limited to lowest first-class rate. 5727. 5728. 5729. 5730. Funds available. 5731. 5732. 5733. General average contribution; payment or reimbursement. SUBCHAPTER III-TRANSPORTATION OF REMAINS, 5741. General prohibition. 5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad. DEPENDENTS, AND EFFECTS SUBCHAPTER I-TRAVEL AND SUBSISTENCE 85701. Definitions For the purpose of this subchapter (1) "agency" means (A) an Executive agency; (B) a military department; (C) an office, agency, or other establishment in the legislative branch: (D) an office, agency, or other establishment in the judicial branch; and (E) the government of the District of Columbia; but does not include (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses; (2) "employee" means an individual employed in or under an agency; (3) "subsistence" means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler; (4) "per diem allowance" means a daily flat rate payment instead of actual expenses for subsistence and fees or tips to porters and stewards; (5) "Government" means the Government of the United States and the government of the District of Columbia; and (6) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498.) 85702. Per diem; employees traveling on official business (a) An employee, while traveling on official business away from his designated post of duty, is entitled to a per diem allowance prescribed by the agency concerned. For travel inside the continental United States, the per diem allowance may not exceed the rate of $25. For travel outside the continental United States, the per diem allowance may not exceed the rate established by the President or his designee, who may be the Director of the Bureau of the Budget or another officer of the Government of the United States, for the locality where the travel is performed. (b) Under regulations prescribed under section 5707 of this title, an employee who, while traveling on official business away from his designated post of duty, becomes incapacitated by illness or injury not due to his own misconduct is entitled to the per diem allowances, and transportation expenses to his designated post of duty. (c) Under regulations prescribed under section 5707 of this title, the head of the agency concerned may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed (1) $40 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus $18 for each day in a travel status outside the continental United States. (d) This section does not apply to a justice or judge except to the extent provided by section 456 of title 28. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 498, amended Pub. L. 91-114, § 1, Nov. 10, 1969, 83 Stat 190.) § 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay (a) For the purpose of this section, "appropriation" includes funds made available by statute under section 849 of title 31. (b) An individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actuallyemployed basis may be allowed travel expenses under this subchapter while away from his home or regular place of business, including a per diem allowance under this subchapter while at his place of employment. (c) An individual serving without pay or at $1 a year may be allowed transportation expenses under this subchapter and a per diem allowance under this section while en route and at his place of service or employment away from his home or regular place of business. Unless a higher rate is named in an appropriation or other statute, the per diem allowance may not exceed― (1) the rate of $25 for travel inside the continental United States; and (2) the rates established under section 5702 (a) of this title for travel outside the continental United States. (d) Under regulations prescribed under section 5707 of this title, the head of the agency concerned may prescribe conditions under which an individual to whom this section applies may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed (1) $40 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus $18 for each day in a travel status outside the continental United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 99, amended Pub. L. 91-114, § 2, Nov. 10, 1969, 83 Stat. 190.) § 5704. Mileage and related allowances (a) Under regulations prescribed under section 5707 of this title, an employee or other individual performing service for the Govern 40-311-70- -12 |