(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 it 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; amended, Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1173; Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 470; Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2165.) $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; (3) the Library of Congress; (4) the Government Printing Office, and (5) the government of the District of Columbia. (b) (1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relat ing to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect (i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and (ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with chapter 71 of this title, or under chapter 11 of title I of the Foreign Service Act of 1980, shall be awarded in accordance with standards established under section 7701 (g) of this title; and (B) for all purposes, is deemed to have performed service for the agency during that period, except that (i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and (ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552 (2) of this title. (2) This subsection does not apply to any reclassification action nor authorize the setting aside of an otherwise proper promotion by a selecting official from a group of properly ranked and certified candidates. (3) For the purpose of this subsection, "grievance" and "collective bargaining agreement" have the meanings set forth in section 7103 of this title and (with respect to members of the Foreign Service) in sections 1101 and 1002 of the Foreign Service Act of 1980, "unfair labor practice" means an unfair labor practice described in section 7116 of this title and (with respect to members of the Foreign Service) in section 1015 of the Foreign Service Act of 1980, and "personnel action" includes the omission or failure to take an action or confer a benefit. (c) The Office of Personnel Management, 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, amended Pub. L. 94-172, Si(a), Dec. 23, 1975, 89 Stat. 1025; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1216; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2165.) SEC. 5701. 5702. CHAPTER 57-TRAVEL, TRANSPORTATION, AND SUBSISTENCE SUBCHAPTER I-TRAVEL AND SUBSISTENCE EXPENSES; Definitions. Per diem; employee traveling on official business. 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay. SUBCHAPTER II-TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES 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. 5725. 5724a. Relocation expenses of employees transferred or reemployed. Transportation expenses; employees assigned to danger areas. 5276. Storage expenses; household goods and personal effects. 5727. Transportation of motor vehicles. 5728. Travel and transportation expenses; vacation leave. Transportation expenses; prior return of family. 5729. 5730. 5731. 5732. 5733. 5741. 5742. Funds available. Expenses limited to lowest first-class rate. General average contribution; payment or reimbursement. SUBCHAPTER III-TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS General prohibition. Transportation of remains, dependents, and effects; death occurring away from official station or abroad. SUBCHAPTER IV-MISCELLANEOUS PROVISIONS 5751. Travel expenses of witnesses. 5752. Travel expenses of Senior Executive Service candidates. (291) SUBCHAPTER I-TRAVEL AND SUBSISTENCE § 5701. 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 including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year; (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, amended Pub. L. 94-22, § 2, May 19, 1975, 89 Stat. 84.) § 5702. Per diem; employee traveling on official business (a) Under regulations prescribed under section 5707 of this title, an employee while traveling on official business away from his designated post of duty, or in the case of an individual described under section 5703 of this title, his home or regular place of business, is entitled to (1) a per diem allowance for travel inside the continental United States at a rate not to exceed $50, and (2) a per diem allowance for travel outside the continental United States, that may not exceed the rate established by the President, or his designee, for each locality where travel is to be performed. For travel consuming less than a full day, such rate may be allocated proportionally. (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 or, in the case of an individual described under section 5703 of this title, his home or regular place of business, becomes incapacitated by illness or injury not due to his own misconduct, is entitled to the per diem allowance and appropriate transportation expenses to his designated post of duty, or home or regular place of business, as the the case may be. (c) Under regulations prescribed under section 5707 of this title, the Administrator of General Services or his designee, may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of official travel when the maximum per diem allowance would be less than these expenses, except that such reimbursement shall not exceed $75 for each day in a travel status within the continental United States when the per diem otherwise allowable is determined to be inadequate (1) due to the unusual circumstances of the travel assignment, or (2) for travel to high rate geographical areas designated as such in regulations prescribed under section 5707 of this title. (d) Under regulations prescribed under section 5707 of this title, for travel outside the continental United States, the Administrator of General Services or his designee, may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of official travel when the per diem allowance would be less than these expenses, except that such reimbursement shall not exceed $33 for each day in a travel status outside the continental United States plus the locality per diem rate prescribed for such travel. (e) 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; Pub. L. 94-22, § 3, May 19, 1975, 89 Stat. 84; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 383; Pub. L. 96-346, Sept. 10, 1980, 94 Stat. 1148.) $5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 99, amended Pub. L. 91-114, §2, Nov. 10, 1969, 83 Stat. 190; Pub. L. 94-22, § 4, May 19, 1975, 89 Stat. 85.) § 5704. Mileage and related allowances (a) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to not in excess of or (1) 20 cents a mile for the use of a privately owned motorcycle; (2) 25 cents a mile for the use of a privately owned automobile; (3) 45 cents a mile for the use of a privately owned airplane; instead of actual expenses of transportation when that mode of |