§ 5702. Per diem; employees traveling on official business
(a)
(1)
Under regulations prescribed pursuant to section
5707 of this title, an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in section
5703 of this title), is entitled to any one of the following:
(A)
a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(b)
(1)
Under regulations prescribed pursuant to section
5707 of this title, an employee who is described in subsection (a) of this section and who abandons the travel assignment prior to its completion—
(A)
because of an incapacitating illness or injury which is not due to the employee’s own misconduct is entitled to reimbursement for expenses of transportation to the employee’s designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection (a) of this section until that location is reached; or
(B)
because of a personal emergency situation (such as serious illness, injury, or death of a member of the employee’s family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employee’s designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection (a) of this section until that location is reached.
(2)
(A)
Under regulations prescribed pursuant to section
5707 of this title, an employee who is described in subsection (a) of this section and who, with the approval of an appropriate official of the agency concerned, interrupts the travel assignment prior to its completion for a reason specified in subparagraph (A) or (B) of paragraph (1) of this subsection, may be allowed (subject to the limitation provided in subparagraph (B) of this paragraph)—
(B)
The reimbursement which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be the employee’s actual costs of transportation to the location where necessary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employee’s designated post of duty, or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be based on the additional time (if any) which was required for the employee’s transportation as a consequence of the transportation’s having begun and ended at a location on the travel assignment (rather than at the employee’s designated post of duty, or home or regular place of business, as the case may be).
(3)
Subject to the limitations contained in regulations prescribed pursuant to section
5707 of this title, an employee who is described in subsection (a) of this section and who interrupts the travel assignment prior to its completion because of an incapacitating illness or injury which is not due to the employee’s own misconduct is entitled to payments pursuant to subsection (a) of this section at the location where the interruption occurred.
(c)
This section does not apply to a justice or judge, except to the extent provided by section
456 of title
28.