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(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x) - ( x i i) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is— (1) based on the rate of pay which he was receiving immediately before the date on which section 6301(2)(x) - ( x i i) of this title became applicable to him; and (2) made without regard to the limitation in subsection (a) of this section on the amount of leave compensable. § 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election An employee as defined by section 21Q5 of this title or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to— (1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or (2) elect to have the leave remain to his credit until his return from active duty.

SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES §556L 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 m 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;

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(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 quarters; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days. §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. (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 section 5565 of this title. 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) A n 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 section 5565 of this title, he continues to be entitled to have pay and allowances credited under subsection (a) of this section. §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) I n 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.

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(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 section 5562 of this title, until the date the head of the agency concerned receives evidence that the employee is dead or has returned to the controllable jurisdiction of the agency concerned. (g) When an employee in a missing status is continued in that status under section 5565 of this title, an allotment under subsections (a) - (d) of this section may be continued, increased, or initiated. (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, w'ith 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. §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 when it is located outside the United States or in Alaska or Hawaii. (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.

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(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 General Accounting Office 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 General Accounting Office 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 General Accounting Office or the courts. (i) This section does not amend or repeal— (1) section 2575, 2733,4712,4713,6522,9712, or 9713 of title 10; (2) section 507 of title 14; or (3) chapter 171 of title 28. § 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

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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. § 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 section 5565 of this title, the head of the agency concerned or his designee shall make a finding of death when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that an employee in a missing status is dead. (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 65-300 0-67—34

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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. § 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 sections 5562, 5563, and 5565 of this title; and (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) I n 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. § 5568. Income tax deferment Xotwithstanding 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 sections 6851, 6861, and 6871 of title 26 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership.

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SUBCHAPTER VIII—SETTLEMENT OF

495 ACCOUNTS

§5581. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; but does not include an employee of— (i) a Federal land bank; (ii) a Federal intermediate credit bank; (iii) a regional bank for cooperatives; or (iv) the Senate within the purview of section 36a of title 2; (2) "money due" means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. I t includes, but is not limited to— (A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due; (B) allowances on change of official station; (C) quarters and cost-of-living allowances and overtime or premium pay; (D) amounts due for payment of cash awards for employees' suggestions; (E) amounts due as refund of pay deductions for United States savings bonds; (F) payment for accumulated and current accrued annual or vacation leave equal to the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave; (G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime; (H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and (I) retroactive pay under section 5344(a)(2) of this title. I t does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute. § 5582. Designation of beneficiary; order of precedence (a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under such regulations as the Comptroller General of the United States may prescribe. (b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death.

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Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death. § 5583. Payment of money due; settlement of accounts (a) Under such regulations as the Comptroller General of the United States may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under section 5582(b) of this title, or, if none, to the widow or widower of the employee. (b) Except as the Comptroller General may by regulation otherwise authorize or direct, accounts not payable under subsection (a) of this section are payable on settlement of the General Accounting Office. However— (1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; (2) accounts of employees of the Canal Zone Government on the Isthmus of Panama shall be paid by the Canal Zone Government; and (3) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations. SUBCHAPTER IX—BACK PAY § 5591. Back pay; individuals reinstated or restored after removal or suspension for cause An individual removed or suspended under section 7501 of this title who, after filing a written answer to the charges under section 7501 of this title or after further appeal to proper authority after receipt of an adverse decision on the answer, is reinstated or restored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the removal or suspension, for the period for which he did not receive pay with respect to the position from which he was removed or suspended, less the amount he earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this section shall be made at the earliest practicable date. § 5592. Back pay; preference eligibles reinstated or restored after removal, suspension, or furlough An individual removed, suspended, or furloughed under section 7512 of this title who, after answering the reasons advanced for the proposed adverse action under section 7512 of this title or after an appeal to the Civil Service Commission under section 7701 of this title, is reinstated or restored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the removal, suspension, or furlough, for the period for which he did

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not receive pay with respect to the position from which he was removed, suspended, or furloughed, less the amounts he earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. § 5593. Back pay; individuals reinstated or restored after reduction in force An individual removed or furloughed without pay in a reduction in force who, after an appeal to proper authority, is reinstated or restored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the removal or furlough, for the period for which he did not receive pay with respect to the position from which he was removed or furloughed, less the amounts he earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this section shall be made at the earliest practicable date. § 5594. Back pay; individuals reinstated or restored after suspension or removal for national security An individual suspended or removed under section 7532 of this title who is reinstated or restored to duty under section 3571 of this title is entitled to pay in an amount not to exceed the amount he normally would have earned during the period of suspension or removal, at the rate received on the date of suspension or removal, for all or a part of the period for which he did not receive pay with respect to the position from which he was suspended or removed, less the amounts he earned through other employment during that period. CHAPTER 57—TRAVEL, TRANSPORTATION, A N D SUBSISTENCE SUBCHAPTER I—TRAVEL AND SUBSISTENCE E X P E N S E S; MILEAGE ALLOWANCES Sec.

5701. Definitions. 5702. Per diem; employees traveling on official business. 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay. 5704. Mileage and related allowances. 5705. Advancements and deductions. 5706. Allowable travel expenses. 5707. Regulations. 5708. Effect on other statutes.

SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES Sec.

5721. Definitions. 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. Transportation expenses; employees assigned to danger areas.

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 a condition, while a Duke of Grafton was Prime Minister, a Lord North Chancellor of the Exchequer, a Weymouth and a Hillsborough Secretaries of State; a Granby commander in chief; and a Mansfield chief criminal Judge of the kingdom. JUNIUS.

26. January. 1769. SIR,

HE kingdom swarms with such numbers of felonious robbers of private character and virtue, that no honest or good man is safe; especially as these cowardly, base assassins stab in the dark, without having the courage to sign their real names to their malevolent and wicked productions. A writer, who signs himself Junius, in the Public Advertiser of the 21st instant, opens the deplorable situation of his country in a very affecting manner; with a pompous parade of his candour and decency, he tells


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Sec.

5726. 5727. 5728. 5729. 5730. 5731. 5732.

Storage expenses; household goods and personal effects. Transportation of motor vehicles. Travel and transportation expenses; vacation leave. Transportation expenses; prior return of family. Funds available. Expenses limited to lowest first-class rate. General average contribution; payment or reimbursement.

SUBCHAPTER III—TKANSPOKTATION OF REMAINS, DEPENDENTS, AND EFFECTS Sec.

5741, General prohibition. 5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad.

SUBCHAPTER I—TRAVEL AND SUBSISTENCE E X P E N S E S; MILEAGE ALLOWANCES § 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; (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. § 5702. 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 $16. 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.

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(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) $30 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus $10 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. § 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-actually-employed 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 $16 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) $30 for each day m a travel status inside the continental United States; or (2) the maximum per diem allowance plus $10 for each day in a travel status outside the continental United States. § 5704. Mileage and related allowances (a) Under regulations prescribed under section 5707 of this title, an employee or other individual performing service for the Government, who is engaged on official business inside or outside his designated post of duty or place of service, is entitled to not in excess of— (1) 8 cents a mile for the use of a privately owned motorcycle; or (2) 12 cents a mile for the use of a privately owned automobile or airplane; instead of the actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determination of advantage is not required when

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payment on a mileage basis is limited to the cost of travel by common carrier including per diem. (b) I n addition to the mileage allowance under subsection (a) of this section, the employee or other individual performing service for the Government may be reimbursed for— (1) parking fees; (2) ferry fares; and (3) bridge, road, and tunnel tolls. § 5705. Advancements and deductions An agency may advance, through the proper disbursing official, to an employee or individual entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or individual or his estate by— (1) setoff against accrued pay, retirement credit, or other amount due the employee or individual; (2) deduction from an amount due from the United States; and (3) such other method as is provided by law. § 5706. Allowable travel expenses Except as otherwise permitted by this subchapter or by statutes relating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employment or appointment under the United States. §5707. Regulations The Director of the Bureau of the Budget shall prescribe regulations necessary for the administration of this subchapter. The fixing, payment, advancement, and recovery of travel allowances, and the reimbursement of travel expenses, under this subchapter shall be in accordance with the regulations. This section does not apply to the fixing or payment of a per diem allowance under section 5703(c) of this title. § 5708. Effect on other statutes This subchapter does not modify or repeal— (1) any statute providing for the traveling expenses of the President; (2) any statute providing for mileage allowances for Members of Congress; (3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or (4) any appropriation statute item for examination of estimates in the field. SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES §5721. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; (B) a military department; ^C) a court of the United States; (D) the Administrative Office of the United States Courts; (E) the Library of Congress;

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(F) the Botanic Garden; (G) the Government Printing Office; and (H) the government of the District of Colmnbia; but does not include a Government controlled corporation; (2) "employee" means an individual employed in or under an agency; (3) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; (4) "Government" means the Government of the United States and the government of the District of Columbia; and (5) "appropriation" includes funds made available by statute under section 849 of title 31. §5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States (a) Under such regulations as the President may prescribe and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States; and (2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the United States. (b) An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if selected for appointment to a teaching position, except as a substitute, in the Department of Defense under that chapter; or (2) 12 months after his appointment, if selected for appointment to any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money^ spent by the United States for the expenses is recoverable from the individual as a debt due the United States. (c) An agency may pay expenses under subsection (a)(2) of this section only after the individual has served for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if employed in a teaching position, except as a substitute, in the Department of Defense under that chapter; or (2) not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience. (d) This section does not apply to appropriations for the Foreign Service of the United States.

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§ 5723. Travel and transportation expenses of new appointees and student trainees; manpower shortage positions (a) Under such regulations as the President may prescribe and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses of a new appointee, or a student trainee when assigned on completion of college work, to a position in the United States for which the Civil Service Commission determines there is a manpower shortage; and (2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by section 5724 of this title; from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by section 5724(f) of this title. (b) An agency may pay travel and transportation expenses under subsection (a) of this section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his appointment or assignment, unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the United States for the expenses is recoverable from the individual as a debt due the United States. (c) An agency may pay travel and transportation expenses under subsection (a) of this section whether or not the individual selected has been appointed at the time of the travel. (d) The Commission may not delegate its authority to determine positions for which there is a manpower shortage for the purpose of this section. (e) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section. §5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis (a) Under such regulations as the President may prescribe and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds— (1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under section 5704 of this title; and (2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 7,000 pounds net weight. (b) Under such regulations as the President may prescribe, an employee who transports a house trailer or mobile dwelling inside the continental United States, inside Alaska, or between the continental United States and Alaska, for use as a residence, and who otherwise would be entitled to transportation of household goods and personal

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effects under subsection (a) of this section, is entitled, instead of that transportation, to— (1) a reasonable allowance not in excess of 20 cents a mile for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or (2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee. However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer. (c) Under such regulations as the President may prescribe, an employee who transfers between points inside the continental United States, instead of being paid for the actual expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects, shall be reimbursed on a commuted basis at the rates per 100 pounds that are fixed by zones in the regulations. The reimbursement may not exceed the amount which would be allowable for the authorized weight allowance. (d) When an employee transfers to a post of duty outside the continental United States, his expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under section 5722 of this title. (e) When an employee transfers from one agency to another, the agency to which he transfers pays the expenses authorized by this section. (f) An advance of funds may be made to an employee under the regulations of the President with the same safeguards required under section 5705 of this title. (g) The allowances authorized by this section do not apply to an employee transferred under chapter 14 of title 22. (h) When a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the United States, or at his request, his expenses of travel and transportation and the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds. §5725. Transportation expenses; employees assigned to danger areas (a) When an employee of the United States is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone— (1) from which his immediate family should be evacuated; or (2) to which they are not permitted to accompany him; because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family. Government funds may be used to transport his immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his intent, the

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immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may designate an alternate location. (b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in subsection (a) of this section, Government funds may be used to transport his immediate family and household goods and personal effects from the designated or alternate location to the duty station. § 5726. Storage expenses; household goods and personal effects (a) For the purpose of this section, "household goods and personal effects" means such personal property of an employee and his dependents as the President may by regulation authorize to be transported or stored, including, in emergencies, motor vehicles authorized to be shipped at Government expense. (b) Under such regulations as the President may prescribe, an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, assigned to a permanent duty station outside the continental United States may be allowed storage expenses and related transportation and other expenses for his household goods and personal effects when— (1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or (2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy. The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724(a), may not exceed 7,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section. § 5727. Transportation of motor vehicles (a) Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile. (b) Under such regulations as the President may prescribe, the privately owned motor vehicle of an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, may be transported at Government expense to, from, and between the continental United States and a post of duty outside the continental United States, or between posts of duty outside the continental United States, when— (1) the employee is assigned to the post of duty for other than temporary duty; and (2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty. (c) An employee may transport only one motor vehicle under subsection (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the United States during the 4-year period after the date of trans-

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portation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle. (d) When the head of an agency authorizes transportation under subsection (b) of this section of a privately owned motor vehicle, the transportation may be by— (1) commercial means, if available at reasonable rates and under reasonable conditions; or (2) Government means on a space-available basis. (e)(1) This section, except subsection (a), does not apply to— (A) the Foreign Service of the United States; or (B) the Central Intelligence Agency. (2) This section, except subsection (a), does not affect— (A) section 1138 of title 22; or (B) section 403e(4) of title 50. § 5728. Travel and transportation expenses; vacation leave (a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of roundtrip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty outside the continental United States to the place of his actual residence at the time of appointment or transfer to the post of duty, after he has satisfactorily completed an agreed period of service outside the continental United States and is returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental United States under a new written agreement made before departing from the post of duty. (b) Under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of roundtrip travel of an employee of the United States appointed by the President, by and with the advice and consent of the Senate, for a term fixed by statute, and of transportation of his immediate family, but not household goods, from his post of duty outside the continental United States to the place of his actual residence at the time of appointment to the post of duty, after he has satisfactorily completed each 2 years of service outside the continental United States and is returning to his actual place of residence to take leave before serving at least 2 more years of duty outside the continental United States. (c) This section does not apply to appropriations for the Foreign Service of the United States. § 5729. Transportation expenses; prior return of family (a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations, not more than once before the return to the United States or its territories or possessions of an employee whose post of duty is outside the continental United States, the expenses of transporting his immediate family and of shipping his household goods and personal effects from his post of duty to his actual place of residence when— (1) he has acquired eligibility for that transportation; or (2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control.

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(b) Under such regulations as the President may prescribe, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental United States for the proper transportation expenses of returning his immediate family and his household goods and personal effects to the United States or its territories or possessions, when— (1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and (2) he acquires eligibility for those transportation expenses. (c) This section does not apply to appropriations for the Foreign Service of the United States. § 5730. Funds available Funds available for travel expenses of an employee are available for expenses of transportation of his immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this subchapter. § 5731. Expenses limited to lowest first-class rate (a) The allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed by the President, that— (1) lowest first-class accommodations are not available; or (2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes. (b) Instead of the maximum fixed by subsection (a) of this section, the allowance to an employee of the United States for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships. § 5732. General average contribution; payment or reimbursement Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the United States, volunteers as defined by section 8142(a) of this title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions— (1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported; (2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or (3) when the individual concerned selected the means of shipment.

SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS § 5741. General prohibition Except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee.

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§ 5742, Transportation of remains, dependents, and effects; death occurring away from official station or abroad (a) For the purpose of this section, "agency" means— (1) an Executive agency; (2) a military department; (3) an agency in the legislative branch; and (4) an agency in the judicial branch. (b) When an employee dies, the head of the agency concerned, "under regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activity in which the employee was engaged— (1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the United States or while performing official duties outside the United States or in transit thereto or therefrom; and (2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting household effects and other personal property to his former home or such other place as is determined by the head of the agency concerned, if death occurred while the employee was performing official duties outside the United States or in transit thereto or therefrom. (c) When a dependent of an employee dies while residing with the employee performing official duties outside the continental United States or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when— (1) local commercial mortuary facilities and supplies are not available; or (2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency. Reimbursement for the cost of mortuary services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs. (d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred. CHAPTER 59—ALLOWANCES SUBCHAPTER I—UNIFORMS Sec. 5901. Uniform allowances.

SUBCHAPTER II—QUARTERS Sec.

5911. Quarters and facilities; employees in the United States. 5912. Quarters in Government owned or rented buildings; employees in foreign countries. 5913. Official residence expenses.

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SUBCHAPTER III—OVEESEAS DIFFERENTIALS ALLOWANCES

AND

Sec.

5921. 5922. 5923. 5924. 5925.

Definitions. General provisions. Quarters allowances. Cost-of-living allowances. Post differentials.

SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES Sec.

5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska. 5942. Allowance based on duty on California offshore islands. 5943, Foreign currency appreciation allowances. 5944. Illness and burial expenses; native employees in foreign countries. 5945, Notary publicommission expenses. 5946, Membership fees; expenses of attendance at meetings; limitations.

SUBCHAPTER I—UNIFORMS § 5901. Uniform allowances (a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a snowing of necessity or desirability, an amount not to exceed $100 multiplied by the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties and who are not being furnished with the uniform. The head of the agency concerned, out of funds made available by the appropriation, shall— (1) furnish to each of these employees a uniform at a cost not to exceed $100 a year; or (2) pay to each of these employees an allowance for a uniform not to exceed $100 a year. The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under subsection (d) of this section. (b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section. (c) An allowance paid under this section is not wages within the meaning of section 409 of title 42 or chapters 21 and 24 of title 26. (d) The Director of the Bureau of the Budget shall prescribe regulations necessary for the uniform administration of this section. SUBCHAPTER II—QUARTERS §5911. Quarters and facilities; employees in the United States (a) For the purpose of this section— (1) "Government" means the Government of the United States; (2) "agency" means an Executive agency, but does not include the Tennessee Valley Authority; (3) "employee" means an employee of an agency;

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(4) "United States" means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Eico; (5) "quarters" means quarters owned or leased by the Government; and (6) "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service. (b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action. (c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law. (d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law. (e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise. (f) The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section. (g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute. § 5912. Quarters in Government owned or rented buildings; employees in foreign countries Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor. 65-300 0-67—35

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§ 5913. Official residence expenses (a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for— (1) the chief representatives of the United States at the posts; and (2) such other senior officials of the Government of the United States as the President may designate. SUBCHAPTER III—OVEKSEAS DIFFEKENTIALS AND ALLOWANCES § 5921. Definitions. For the purpose of this subchapter— (1) "Government" means the Government of the United States; (2) "agency" means an Executive agency and the Library of Congress, but does not include a Government controlled corporation; (3) "employee" means an employee in or under an agency and more specifically defined by regulations prescribed by the President; (4) "United States", when used in a geographical sense, means the several States and the District of Columbia; (5) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; and (6) "foreign area" means— (A) the Trust Territory of the Pacific Islands; and (B) any other area outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and territories and possessions of the United States. § 5922. General provisions (a) Notwithstanding section 5536 of this title and except as otherwise provided by this subchapter, the allowances and differentials authorized by this subchapter may be granted to an employee officially stationed in a foreign area— (1) who is a citizen of the United States; and (2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials provided by this subchapter, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States. To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this subchapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States. (b) Allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee. An advance of funds

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not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by— (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under regulations of the President, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest. (c) The allowances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing— (1) payments of the allowances and differentials and the respective rates at which the payments are made; (2) the foreign areas, the groups of positions, and the categories of employees to which the rates apply; and (3) other related matters. § 5923. Quarters allowances When Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable: (1) A temporary lodging allowance for the reasonable cost of temporary quarters incurred by the employee and his family— (A) for a period not in excess of 3 months after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and (B) for a period of not more than 1 month immediately before final departure from the post after the necessary evacuation of residence quarters. (2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section 529 of title 31. (3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if— (A) the expenses are administratively approved in advance; and (B) the duration and terms of the lease justify payment of the expenses by the Government. § 5924. Cost-of-living allowances The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area: (1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia. (2) A transfer allowance for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in— (A) a foreign area; or (B) the United States between assignments to posts in foreign areas.

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(3) A separate maintenance allowance to assist an employee who is compelled, because of dangerous, notably unhealthful, or excessively adverse living conditions at his post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining, elsewhere than at the post, his wife or his dependents, or both. (4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his dependents, as follows: (A) An allowance not to exceed the cost of obtaining such elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States, plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the nearest locality where adequate schools are available, without regard to section 529 of title 31. The amount of the allowance ranted shall be determined on the basis of the educational acility used. (B) The travel expenses of dependents of an employee to and from a school in the United States to obtain an American secondary or undergraduate college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education. An allowance payment under subparagraph (A) of this paragraph (4) may not be made for a dependent during the 12 months following his arrival in the United States for secondary education under authority contained in this subparagraph (B). Notwithstanding section 5921(6) of this title, travel expenses, for the purpose of obtaining undergraduate college education, may be authorized under this subparagraph (B), under such regulations as the President may prescribe, for dependents of employees who are citizens of the United States stationed in the Canal Zone. § 5925. Post differentials A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential may not exceed 25 percent of the rate of basic pay.

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SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES §5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska (a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on— (1) living costs substantially higher than in the District of Columbia;

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(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or (3) both of these factors. The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. (b) An employee entitled to a cost-of-living allowance under section 5924 of this title may not be paid an allowance under subsection (a) of this section based on living costs substantially higher than in the District of Columbia. § 5942. Allowance based on duty on California offshore islands Notwithstanding section 5536 of this title, an employee who is assigned to duty, except temporary duty, on one of the California offshore islands is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. However, the allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid, and defining the areas and groups of positions to which the rates apply. § 5943. Foreign currency appreciation allowances (a) The President, under such regulations as he may prescribe and on recommendation of the Director of the Bureau of the Budget, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes. (b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses. (c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section. (d) The Director of the Bureau of the Budget shall report annually to Congress all expenditures made under this section. § 5944. Illness and burial expenses; native employees in foreign countries (a) The head of an Executive department or military department which maintains a permanent staff of employees in foreign countries may pay the burial expenses and expenses in connection with the last illness and death of a native employee of his department in a country in which the Secretary of State determines it is customary for employers to pay these expenses. Payment of these expenses may not exceed $100 in any one case. (b) The head of an Executive department or military department which maintains a permanent staff of employees in foreign countries in which the custom referred to by subsection (a) of this section does not exist, on finding that the immediate family of the deceased is destitute, may pay such of the expenses referred to by subsection (a) of this section within the limitations in that subsection to the family, heirs at law, or persons responsible for the debts of the deceased, as the em-

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ployee in charge of the office abroad in which the deceased was employed considers proper. (c) Payments under this section are made from appropriations available to the department concerned for miscellaneous or contingent expenses. § 5945. Notary publicommission expenses An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia who is required to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency concerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this section. §5946. Membership fees; expenses of attendance at meetings; limitations Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated funds may not be used for payment of— (1) membership fees or dues of an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia in a society or association; or (2) expenses of attendance of an individual at meetings or conventions of members of a society or association. This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.

Subpart E—Attendance and Leave CHAPTER 61—HOURS OF WORK Sec.

6101. 6102. 6103. 6104. 6105. 6106.

Basic 40-hour workweek; work schedules; regulations. Eight-hour day; 40-hour workweek; wage-board employees. Holidays. Holidays; daily, hourly, and piece-work basis employees. Closing of Executive departments. Time clocks; restrictions.

§ 6101. Basic 40-hour workweek; work schedules; regulations (a) The head of each Executive agency, military department, and of the government of the District of Columbia shall— (1) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and (2) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days. (b) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that— (1) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;

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(2) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; (3) the working hours in each day in the basic workweek are the same; (4) the basic nonovertime workday may not exceed 8 hours; (5) the occurrence of holidays may not affect the designation of the basic workweek; and (6) breaks in working hours of more than 1 hour may not be scheduled in a basic workday. (c) The Architect of the Capitol may apply this section to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this section to employees under the Library of Congress. (d) For the purpose of this section, "employee" includes an individual employed by the government of the District of Columbia, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title. (e) The Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. § 6102. Eight-hour day; 40-hour workweek; wage-board employees The regular hours of work for an employee whose basic rate of pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose are established at not more than 8 a day or 40 a week. However, work in excess of these hours is permitted when administratively determined to be in the public interest. § 6103. Holidays (a) The following are legal public holidays: January 1, New Year's Day. February 22, Washington's Birthday. May 30, Memorial Day. July 4, Independence Day. The first Monday in September, Labor Day. November 11, Veterans Day. The fourth Thursday in November, Thanksgiving Day. December 25, Christmas. (b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply: (1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for— (A) employees whose basic workweek is Monday through F r i d a y; and (B) the purpose of section 6309 of this title. (2) Instead of a holiday that occurs on a regular weekly nonworkday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.

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(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection. § 6104. Holidays; daily, hourly, and piece-work basis employees When a regular employee as defined by section 2105 of this title or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piecework basis, is relieved or prevented from working on a day— (1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Board of Commissioners; (2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Board of Commissioners; or (3) solely because of the occurrence of a legal public holiday under section 6103 of this title, or a day declared a holiday by Federal statute. Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Board of Commissioners; he is entitled to the same pay for that day as for a day on which an ordinary day's work is performed. § 6105. Closing of Executive departments An Executive department may not be closed as a mark to the memory of a deceased former official of the United States. § 6106. Time clocks; restrictions A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia.

CHAPTER 63—LEAVE SUBCHAPTER I—ANNUAL AND SICK LEAVE Sec. 6301. 6302. 6303. 6304. 6305. 6306. 6307. 6308. 6309. 6310. 6311.

Definitions. General provisions. Annual leave; accrual. Annual leave; accumulation. Home leave; leave for Chiefs of Missions. Annual leave; refund of lump-sum payment; recredit of annual leave. Sick leave.; accrual and accumulation. Transfers between positions under different leave systems. Leave of absence; rural carriers. Leave of absence; aliens. Regulations.

SUBCHAPTER II—OTHER PAID LEAVE Sec. 6321. 6322. 6323. 6324.

Absence of veterans to attend funeral services. Leave for jury service. Military leave; Reserves and National Guardsmen. Absence of certain police and firemen.

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SUBCHAPTER I—ANNUAL AND SICK

517 LEAVE

§ 6301. Definitions For the purpose of this subchapter— (1) "United States", when used in a geographical sense, means the several States and the District of Columbia; and (2) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; but does not include— (i) a teacher or librarian of the public schools of the District of Columbia; (ii) a part-time employee, except an hourly employee in the postal field service, who does not have an established regular tour of duty during the administrative workweek; (iii) a temporary employee engaged in construction work at an hourly rate; (iv) an employee of the Canal Zone Government or the Panama Canal Company when employed on the Isthmus of Panama; (v) a physician, dentist, or nurse in the Department of Medicine and Surgery, Veterans' Administration; (vi) an employee of either House of Congress or of the two Houses; (vii) an employee of a corporation supervised by the F a r m Credit Administration if private interests elect or appoint a member of the board of directors; (viii) an alien employee who occupies a position outside the United States, except as provided by section 6310 of this title; (ix) a "teacher" or an individual holding a "teaching position" as defined by section 901 of title 20; (x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under section 5332 of this title; (xi) an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal; or (xii) an officer who receives pay under section 866 of title 22. § 6302. General provisions (a) The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute. Executive order, or administrative order. (b) For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute. Executive order, or administrative order, which fall within his basic administrative workweek. (c) A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and sections 6303, 630^1 (a), (b), 6305 (a), 6307, and 6310 of this title on a pro rata basis.

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(d) The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe. (e) If an officer excepted from this subchapter by section 6301(2) (x) - ( x i i) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit. § 6303. Annual leave; accrual (a) An employee is entitled to annual leave with pay which accrues as follows— (1) one-half day for each full biweekly pay period for an employee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. I n determining years of service, an employee is entitled to credit for all service creditable under section 8332 of this title for the purpose of an annuity under subchapter III of chapter 83 of this title. However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has laeen authorized; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods. (b) Notwithstanding subsection (a) of this section, an employee is entitled to annual leave under this subchapter only after being currently employed for a continuous period of 90 days under one or more appointments without a break in service. After completing the 90day period, the employee is entitled to be credited with the leave that would have accrued to him under subsection (a) of this section except for this subsection. (c) A change in the rate of accrual of annual leave by an employee under this section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service. (d) Leave granted under this subchapter is exclusive of time actually and necessarily occupied in going to or from a post of duty and

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time necessarily occupied awaiting transportation, in the case of an employee— (1) to whom section 6304(b) of this title applies; (2) whose post of duty is outside the United States; and (3) who returns on leave to the United States, or to his place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico. This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States. § 6304. Annual leave; accumulation (a) Except as provided by subsection (b) of this section, annual leave provided by section 6303 of this title, which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year. (b) Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year: (1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred. (2) Individuals employed locally but— (A)(i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employ? ment; (ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and (iii) whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or (B)(i) who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and (ii) who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment. (3) Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the United States. (c) Annual leave in excess of the amount allowable— (1) under subsection (a) or (b) of this section which was accumulated under earlier statute; or

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