Page:United States Statutes at Large Volume 89.djvu/144

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PUBLIC LAW 94-000—MMMM. DD, 1975

89 STAT. 84

PUBLIC LAW 94-22—MAY 19, 1975

Public Law 94-22 94th Congress May 19, 1975 [S. 172] Travel Expense Amendments Act of 1975. 5 USC 5701 note.

Post, p. 85.

Post, p. 85.

28 USC 456.

An Act To revise certain provisions of title 5, United States Code, relating to per diem and mileage expenses of Government employees, and for other purposes.

Be it enacted dy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Travel Expense Amendments Act of 1975". SEC. 2. (a) Section 5701(2) of title 5, United States Code, is amended to read as follows: " (2) 'employee' means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;", (b) Section 5705 of such title 5 is amended by striking out "or individual" wherever it appears. SEC. 3. Section 5702 of title 5, United States Code, is amended to read as follows:

    • § 570-2. Per diem; employee traveling on official business

"(a) Under regulations prescribed under section 5707 of this title, an employee while traveling on official business away from his designated post of duty, or in the case of an individual described under section 5703 of this title, his home or regular place of business, is entitled to (1) a per diem allowance for travel inside the continental United States at a rate not to exceed $35, and (2) a per diem allowance for travel outside the continental United States, that may not exceed the rate established by the President, or his designee, for each locality where travel is to be performed. For travel consuming less than a full day, such rate may be allocated proportionately. " (b) Under regulations prescribed under section 5707 of this title, an employee who, while traveling on official business away from his designated post of duty or, in the case of an individual described under section 5703 of this title, his home or regular place of business, becomes incapacitated by illness or injury not due to his own misconduct, is entitled to the per diem allowance and appropriate transportation expenses to his designated post of duty, or home or regular place of business, as the case may be. "(c) Under regulations prescribed under section 5707 of this title, the Administrator of General Services, or his designee, may pres'iribe conditions under which an employee may be reimbursed for the actual and necessary expenses of official travel when the maximum per diem allowance would be less than these expenses, except that such reimbursement shall not exceed $50 for each day in a travel status within the continental United States when the per diem otherAvise allowable is determined to be inadequate (A) due to the unusual circumstances of the travel assignment, or (B) for travel to high rate geographical areas designated as such in regulations prescribed under section 5707 of this title. "(d) Under regulations prescribed under section 5707 of this title, for travel outside the continental United States, the Administrator of General Services or his designee, may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of official travel when the per diem allowance would be less than these expenses, except that such reimbursement shall not exceed $21 for each day in a travel status outside the continental United States plus the locality per diem rate prescribed for such travel. "(e) This section does not apply to a justice or judge, except to the extent provided by section 456 of title 28.".