the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (4) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (5) If the employment is without compensation, the appointing official may waive the repayment. (h)(1)(A) In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84, the Department of Defense shall remit to the Office of Personnel Management an amount equal to 15 percent of the final basic pay of each covered employee. (B) If the employee is one with respect to whom a remittance would otherwise be required under section 4(a) of the Federal Workforce Restructuring Act of 1994 based on the separation involved, the remittance under this subsection shall be instead of the remittance otherwise required under such section 4(a). (2) Amounts remitted under paragraph (1) shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (3) For the purposes of this subsection— (A) the term "covered employee” means an employee who is subject to subchapter III of chapter 83 or chapter 84 and to whom a voluntary separation incentive has been paid under this section on the basis of a separation occurring on or after October 1, 1997; and (B) the term "final basic pay" has the meaning given such term in section 4(a)(2) of the Federal Workforce Restructuring Act of 1994. CHAPTER 57-TRAVEL, TRANSPORTATION, AND SUBSISTENCE SUBCHAPTER I-TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES Sec. 5701. 5702. 5703. 5704. 5705. 5706. 5706a. 5706b. 5706c. 5707. 5707a. 5708. 5709. 5710. Definitions. Per diem; employees traveling on official business. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay. Mileage and related allowances. Allowable travel expenses. Subsistence and travel expenses for threatened law enforcement personnel. Interview expenses. Reimbursement for taxes incurred on money received for travel expenses. Adherence to fire safety guidelines in establishing rates and discounts for Effect on other statutes. Air evacuation patients: furnished subsistence. SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES Definitions. 5721. 5722. 5723. 5724. 5724a. Travel and transportation expenses of new appointees; posts of duty outside the continental United States. Travel and transportation expenses of new appointees and student trainees. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis. Relocation expenses of employees transferred or reemployed. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred. Relocation services. Transportation expenses; employees assigned to danger areas. Storage expenses; household goods and personal effects. 5724b. 5724c. 5725. 5726. 5727. 5728. 5729. 5730. Funds available. 5731. 5732. 5733. 5734. 5735. 5736. 5737. Travel and transportation expenses; vacation leave. Transportation expenses; prior return of family. Expenses limited to lowest first-class rate. General average contribution; payment or reimbursement. Travel, transportation, and relocation expenses of employees transferred Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service. Travel, transportation, and relocation expenses of certain nonappropriated fund employees. Relocation expenses of an employee who is performing an extended assignment. Regulations. 5738. 5739. Authority for relocation expenses test programs. SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS 5741. 5742. General prohibition. Transportation of remains, dependents, and effects; death occurring away from official station or abroad. SUBCHAPTER I-TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES § 5701. Definitions Except as otherwise provided in section 5707(d), 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 ju dicial 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 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. § 5702. Per diem; employees traveling on official business (a)(1) Under regulations prescribed pursuant to section 5707 of this title, an employee, when traveling on official business away from the employee's designated post of duty, or away from the employee's home or regular place of business (if the employee is de scribed in section 5703 of this title), is entitled to any one of the following: (A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States; (B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or (C) a combination of payments described in subparagraphs (A) and (B) of this paragraph. (2) Any per diem allowance or maximum amount of reimbursement shall be established to the extent feasible, by locality. (3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe. (b)(1) Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who abandons the travel assignment prior to its completion (A) because of an incapacitating illness or injury which is not due to the employee's own misconduct is entitled to reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection (a) of this section until that location is reached; or (B) because of a personal emergency situation (such as serious illness, injury, or death of a member of the employee's family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection (a) of this section until that location is reached. (2)(A) Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who, with the approval of an appropriate official of the agency concerned, interrupts the travel assignment prior to its completion for a reason specified in subparagraph (Á) or (B) of paragraph (1) of this subsection, may be allowed (subject to the limitation provided in subparagraph (B) of this paragraph)— (i) reimbursement for expenses of transportation to the location where necessary medical services are provided or the emergency situation exists, (ii) payments pursuant to subsection (a) of this section until that location is reached, and (iii) such reimbursement and payments for return to such assignment. (B) The reimbursement which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be the employee's actual costs of transportation to the location where nec essary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employee's designated post of duty or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be based on the additional time (if any) which was required for the employee's transportation as a consequence of the transportation's having begun and ended at a location on the travel assignment (rather than at the employee's designated post of duty, or home or regular place of business, as the case may be). (3) Subject to the limitations contained in regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who interrupts the travel assignment prior to its completion because of an incapacitating illness or injury which is not due to the employee's own misconduct is entitled to payments pursuant to subsection (a) of this section at the location where the interruption occurred. (c) This section does not apply to a justice or judge, except to the extent provided by section 456 of title 28. § 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. § 5704. Mileage and related allowances 1 (a)(1) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or approved as more advantageous to the Government. In any year in which the Internal Revenue Service establishes a single standard mileage rate for optional use by taxpayers in computing the deductible costs of operating their automobiles for business purposes, the rate per mile established by the Administrator shall not exceed the single standard mileage rate established by the Internal Revenue Service. (2) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned airplane or a privately 1Editorially supplied. Section 634(a) of the Treasury, Postal Service and General Government Appropriations Act, 1995 (P.L. 103-329) amended section 5704 to read as shown below. The amendment did not include a section heading. |