§ 5701. Definitions

4,020 words·~18 min read·/usc/title-5/section-5701

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as otherwise provided in section 5707(d),1 for the purpose of this subchapter—

(1)“agency” means—

(A)an Executive agency;

(B)a military department;

(C)an office, agency, or other establishment in the legislative branch;

(D)an office, agency, or other establishment in the judicial branch; and

(E)the government of the District of Columbia;

but does not include—

(i)a Government controlled corporation;

(ii)a Member of Congress; or

(iii)an office or committee of either House of Congress or of the two Houses;

(2)“employee” means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;

(3)“subsistence” means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler;

(4)“per diem allowance” means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards;

(5)“Government” means the Government of the United States and the government of the District of Columbia; and

(6)“continental United States” means the several States and the District of Columbia, but does not include Alaska or Hawaii.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 94–22, § 2(a), May 19, 1975, 89 Stat. 84; Pub. L. 99–234, title I, § 101, Jan. 2, 1986, 99 Stat. 1756; Pub. L. 101–391, § 5(a)(2), Sept. 25, 1990, 104 Stat. 751.)

In paragraph (1), the word “agency” is substituted for “departments and establishments”. The terms “Executive agency” and “military department” are substituted for “any executive department, independent commission, board, bureau, office, agency, or other establishment in the executive branch of the Government, including wholly owned Government corporations” in view of the definitions in sections 105 and 102. The exception of “a Government controlled corporation” is added in subparagraph

(i)to preserve the application of this subchapter to “wholly owned Government corporations”.

Paragraph

(2)is added for convenience and to eliminate the necessity of referring to “civilian officers and employees of the agencies” elsewhere in the text of the subchapter.

In paragraph (4), the words “for subsistence and fees or tips to porters and stewards” are added on authority of the words “in lieu of their actual expenses of subsistence and all fees or tips to porters and stewards” and “in lieu of subsistence” in former sections 836 and 73b–2, which are carried into sections 5702 and 5703, respectively.

Paragraph

(5)is added for convenience and is based in part on former section 835(1)(A) and, insofar as concerns section 5703, on section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

Paragraph (6), insofar as concerns section 5703, is based in part on section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

The definition of “Member of Congress” in former section 835(4) is omitted as unnecessary in view of the definition of “Member of Congress” in section 2106.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Connections367 cite this · traces to 24

Cited by 367 sections · top 60

public-private-law

U.S. Code