(a) "Act" means section 207 of the Independent Offices Appropriation Act, 1949, as amended (62 Stat. 194; 5 U.S.C. 118h).

(b) "Date of arrival" means the beginning of business on the workday of the employee's arrival at the post, or other place designated. When the employee's arrival is on a nonworkday, "date of arrival" means the beginning of business on the first workday following arrival.

(c) "Date of departure" means the close of business on the workday of the employee's departure from the post or other place designated. When the employee's departure is on a nonworkday, "date of departure" means the close of business on the last workday preceding departure.

(d) "Day or calendar day" means any day of the year. Fractional days are considered whole days.

(e) "Detail" means the temporary assignment or temporary duty of an employee away from his post of regular assignment, including all periods of leave while serving at the post of detail.

(f) "Non-foreign allowance or allowance" means a cost-of-living allowance payable under the Act at a post in a nonforeign area where living costs are substantially higher than in the District of Columbia.

(g) "Non-foreign area" means the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, territories of the United States, and such additional areas located outside the continental United States as the Secretary of State shall designate as being within the scope of Part II of Executive Order 10000, as amended.

(h) "Non-foreign differential or differential" means additional compensation payable under the Act as a post in a non-foreign area when conditions of environment differ substantially from conditions of environment in the States and warrant additional compensation as a recruitment incentive.

(i) "On assignment or on transfer" at a post of duty means officially occupying a position located at the post, geographically and organizationally, and having official headquarters at the post for travel and other administrative purposes.

(j) "Rate of basic compensation" means the rate of compensation fixed by statute for the position held by an individual, before any deductions and exclusive of additional compensation of any kind, such as overtime pay, night differential, extra pay for work on holidays, or allowances and differentials.

[28 F.R. 10079, Sept. 14, 1963, as amended at 28 F.R. 10149, Sept. 17, 1963]

Subpart B-Establishment and Maintenance of Allowances and Differentials

§ 591.201 Areas covered.

The following areas are subject to this part:

Alaska (including all the Aleutian Islands east of longitude 167 degrees east of Greenwich).

American Samoa (including the island of Tutulla, the Manua Islands, and all other islands of the Samoan group east of longitude 171 degrees west of Greenwich, together with Swains Island).

Canton and Enderbury Islands.
Commonwealth of Puerto Rico.

Guam.

Hawaii (including Ocean or Kure Island). Howland, Baker, and Jarvis Islands. Johnston or Cornwallis Island, and Sand Island.

Kingman Reef. Midway Islands. Navassa Island.

Palmyra Island. Swan Islands.

Virgin Islands of the United States.
Wake Island.

Any small guano islands, rocks, or keys which, in pursuance of action taken under the Act of Congress, August 18, 1856, are considered as appertaining to the United States.

Any other islands to which the United States Government reserves claim, such as Christmas Island.

§ 591.202 Places and rates at which allowances shall be paid.

In accordance with the act and section 205 of Executive Order 10000, as amended, and in consideration of relative consumer price levels in the area and in the District of Columbia, and differences in goods and services available and the manner of living of persons employed in the area concerned in positions comparable to those of United States employees in the area, allowances are established at the following places and rates:

Alaska (including all the Aleutian Islands east of longitude 167 degrees east of Greenwich): 25 percent of rate of basic compensation.

Commonwealth of Puerto Rico: 5 percent of rate of basic compensation.

Hawaii (excluding Ocean or Kure Island): 15 percent of rate of basic compensation. Virgin Islands of the United States: percent of rate of basic compensation. [30 F.R. 6511, May 12, 1965]

§ 591.203

Places and rates at which differentials shall be paid.

In accordance with the act and section 202 of Executive Order 10000, as amended, and based on (a) extraordinarily difficult living conditions, (b) excessive physical hardship, or (c) notably unhealthful conditions, differentials are established at the following places and rates:

American Samoa (including the island of Tutuila, the Manua Islands, and all other islands of the Samoan group east of longitude 171 degrees west of Greenwich, together with Swains Island): 25 percent of rate of basic compensation.

Canton Island: 25 percent of rate of basic compensation.

Christmas Island: 25 percent of rate of basic compensation.

Guam: 25 percent of rate of basic compensation.

Johnston or Cornwallis Island, and Sand Island: 25 percent of rate of basic compensation.

Midway Islands: 25 percent of rate of basic compensation.

Swan Islands: 25 percent of rate of basic compensation.

Wake Island: 25 percent of rate of basic compensation.

§ 591.204 Establishment of rates for additional places.

The department or agency concerned shall submit to the Commission in writing requests for the establishment of rates of allowances or differentials for places for which they have not been established by this subpart.

§ 591.205 Periodic review.

The Commission shall review from time to time, but at least annually, the places designated, the rates fixed, and the regulations in this part, which are prescribed for payment of allowances and differentials, with a view to making those changes therein as will insure that payment of additional compensation shall continue only during the continuance of conditions justifying payment of allowances and differentials, and shall not in any instance exceed the amount justified.

§ 591.206 Deductions from allowances.

In accordance with the provisions of section 205(b) (2) of Executive Order 10000, as amended, deductions from allowances of the following classes of employees shall be made at the following places and rates: None.

Subpart C-Agencies and Employees Affected

§ 591.301 Agencies and employees covered.

(a) In accordance with the Act, Part II of Executive Order 10000, as amended, and this part, each executive department, independent establishment, and wholly owned Government corporation shall pay (1) an allowance to each of its employees whose rate of basic compensation is fixed by statute, who is located at a place for which an allowance has been established, and who is otherwise eligible to receive allowance payments; and (2) a differential to each of its employees whose rate of basic compensation is fixed by statute, who is located at a place for which a differential has been.

established, and who is otherwise eligible to receive differential payments.

(b) The Act, Part II of Executive Order 10000, as amended, and this part apply to civilian employees of the United States whose rates of basic compensation are fixed by statute.

§ 591.302 Exclusion of certain employ

ees.

(a) The Act, Part II of Executive Order 10000, as amended, and this part do not apply to employees in the Panama Canal Zone whose rates of basic compensation are fixed by statute, or to any other groups of employees for whom additional compensation or salary differentials for service outside the continental United States or in Alaska are otherwise specifically authorized by statute.

(b) Governors of territories. A department or agency shall not pay an allowance or differential to a governor of a territory in a nonforeign area, except that on the specific request of the department or agency concerned, the Commission may authorize the payment of a differential to a governor whose compensation is fixed under the Classification Act of 1949, as amended, if he is otherwise eligible to receive a differential and the Commission determines that payment is warranted in the circumstances. § 591.303 Eligibility for differential.

(a) The department or agency concerned shall determine eligibility to receive a differential of any person not included in a class enumerated in paragraph (c) of this section in accordance with paragraph (b) of this section.

(b) In order for an employee to be eligible to receive a differential, (1) he shall be a citizen or national of the United States; (2) his residence in the area to which the differential applies, at the time of receipt thereof, shall be fairly attributable to his employment by the United States; and (3) his residence in the area over an appropriate prior period of time must not be fairly attributable to reasons other than employment by the United States or by United States firms, interests, or organizations.

(c) Subject to paragraph (b) of this section, the classes of persons eligible to receive differentials include but are not limited to:

(1) Persons recruited or transferred from outside the area to which the differential concerned is applicable, except that the department or agency con

cerned shall exclude from those eligible to receive a differential the spouse of an individual who is stationed, employed, or resident in the differential area when the department or agency determines that the spouse is there primarily to be near the individual.

(2) Persons employed in the area to which the differential concerned is applicable but (i) who were originally recruited from outside the area and have been in substantially continuous employment by other Federal agencies, contractors of Federal agencies, or international organizations in which the United States Government participates, and whose conditions of employment provide for their return transportation to places outside the differential area concerned; or (ii) who were at the time of employment temporarily present in the differential area concerned for purposes of travel or formal study and maintained residence outside the area during the period so present.

(3) Persons who are not normally residents of the area to which the differential concerned is applicable and who are discharged from the military service of the United States in the area to accept employment therein with an agency of the Federal Government.

§ 591.304 Coordination of allowances and differentials.

An employee eligible to receive an allowance at a post for which both an allowance and a differential have been established shall receive the full allowance otherwise payable to him under this part. When both an allowance and a differential are authorized at one post, the eligible employee shall be paid the full allowance first, and in addition, so much of the differential as will not cause the combined compensation for allowances and differentials to exceed a rate of 25 percent of his rate of basic compensation.

Subpart D-Payment of Allowances and Differentials

§ 591.401 Payment of allowances and

differentials.

(a) Payment of an allowance or a differential shall not be made for any time for which an employee does not receive basic compensation.

(b) Additional compensation paid under authority of the Act and this part shall not exceed in any instance 25 percent of the rate of basic compensation.

(c) Payment of an allowance or a differential shall begin as of the date of arrival at the post of duty on regular assignment or transfer, or on the date of entrance on duty in the case of local recruitment. Payment of an allowance or a differential shall cease on separation, or as of the date of departure on transfer to a new post of regular assignment.

(d) An allowance or a differential shall not be included in the base used in computing overtime pay, night differential, holiday pay, retirement deductions, or any other additional compensation, allowance, or pay differential.

(e) Payment of an allowance or a differential is not an "equivalent increase" in compensation within the meaning of the Classification Act of 1949, as

amended.

(f) When an employee who is en route to, or returning from, his post of regular assignment is required to perform work in an area where payment of allowances or differentials is authorized, he shall be paid the allowances or differentials for his post of regular assignment while he is performing this work.

(g) Payment of an allowance at the rate prescribed for the post of regular assignment shall continue for all periods of temporary absence from the post on leave, including transit time. Payment of a differential at the rate prescribed for the post of regular assignment shall continue for the first 42 consecutive days of temporary absence from the post on leave, including transit time. Payment of allowances and differentials under this paragraph is authorized only if the employee returns to a post of regular assignment in a foreign or non-foreign area, unless

(1) The department or agency concerned determines that it is in the public interest not to return the employee to a post of regular assignment, or

(2) The department or agency concerned determines that the employee's failure to return to a post of regular assignment was due to compelling personal reasons, such as the health of the employee or his family, or to circumstances over which the employee has no control.

(h) Payment of an allowance at the rate prescribed for the post of regular assignment shall continue for all periods of detail from the post, including transit time. Payment of a differential at the rate prescribed for the post of regular

assignment shall continue for the first 42 consecutive calendar days on detail from the post, including transit time. When an employee, during a period of detail, has aggregated 42 days in a pay status at a differential post, he shall thereafter be paid the differential prescribed for each post of detail in a nonforeign or in a foreign area while serving at each post of detail, but not for any time in transit. In any case, the total amount of additional compensation payable under this part is restricted to 25 percent of the employee's rate of basic compensation as specified in the Act, § 591.304, and paragraph (b) of this section.

(i) When an employee is temporarily absent from his post of regular assignment on leave and detail, payment of the differential for his post of regular assignment is limited to the first 42 consecutive calendar days of the temporary absence, including transit time.

(j) Payment of an allowance or differential to an employee serving on a part-time basis shall be prorated to cover only those periods of time for which the employee receives basic compensation. [28 F.R. 10079, Sept. 14, 1963, as amended at 28 F.R. 10149, Sept. 17, 1963]

means a period of 7 consecutive calendar days designated in advance by the head of a department under section 604(a) of the Act.

(b) "Regularly scheduled administrative workweek," for full-time employees, means the period within an administrative workweek, established in accordance with § 610.111, within which these employees are required to be on duty regularly. For part-time employees, it means the officially prescribed days and hours within an administrative workweek during which these employees are required to be on duty regularly.

(c) "Basic workweek," for full-time employees, means the 40-hour workweek established in accordance with § 610.111. (d) "Department" means an executive department, military department, independent establishment, or agency in the executive branch of the Federal Government, including a Government-owned or controlled corporation.

(e) "Head of department" means the head of a department or an official who has been delegated the authority to act for the head of the department in the matter concerned.

(f) Employee means an officer or employee of a department to whom this subpart applies.

WORKWEEK

§ 610.111 Establishment of workweeks.

(a) The head of each department, with respect to each group of full-time employees to whom this subpart applies, shall establish by regulation:

(1) A basic workweek of 40 hours which does not extend over more than 6 of any 7 consecutive days. Except as provided in paragraphs (b) and (c) of this section, the regulation shall specify the calendar days constituting the basic workweek and the number of hours of

§ 610.121

employment for each calendar day inIcluded within the basic workweek.

(2) A regularly scheduled administrative workweek which consists of the 40-hour basic workweek established in accordance with subparagraph (1) of this paragraph, plus the period of overtime work, if any, regularly required of each group of employees. Except as provided in paragraphs (b) and (c) of this section, the regulation, for purposes of leave and overtime pay administration, shall specify by calendar days and number of hours a day the periods included in the regularly scheduled administrative workweek which do not constitute a part of the basic workweek.

(b) When it is impracticable to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled administrative workweek, the head of a department may establish the first 40 hours of duty performed within a period of not more than 6 days of the administrative workweek as the basic workweek, and additional hours of officially ordered or approved duty within the administrative workweek are overtime work.

(c) (1) When an employee is paid additional compensation under section 401(1) of the Federal Employes Pay Act of 1945, as amended, his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week.

(2) When an employee has a tour of duty which includes a period during which he remains at or within the confines of his station in a standby status rather than performing actual work his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week, including time in a standby status except that allowed for sleep and meals by regulation of the department.