[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Proposed Rules]
[Pages 69936-69937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32461]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 240 / Wednesday, December 15, 1999 / 
Proposed Rules  

[[Page 69936]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AI78


Payments During Evacuation

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations to raise the age requirement for payment of the maximum per 
diem rate for a dependent of an evacuated civilian employee from age 11 
to age 12. This would apply to evacuations in the United States because 
of natural disasters or for military or other reasons that create an 
imminent danger to life. This proposed change would make OPM 
regulations consistent with Department of Defense (DOD) evacuation 
regulations, which require that an evacuated dependent of a uniformed 
member be 12 years of age or older to receive the maximum per diem 
rate.

DATES: Comments must be received on or before January 14, 2000.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Assistant Director for Compensation Administration, Workforce 
Compensation and Performance Service, Office of Personnel Management, 
Room 7H31, 1900 E Street NW., Washington, DC 20415, FAX: (202) 606-
0824, or e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Roger Knadle, (202) 606-2858, FAX: 
(202) 606-0824, or email at [email protected].

SUPPLEMENTARY INFORMATION: Office of Personnel Management (OPM) 
regulations on payments during evacuation are found in subpart D of 5 
CFR part 550. The regulations are based on provisions of law in 5 
U.S.C. 5522-5524, 5526, and 5527, and on authority in Executive Order 
10982, 3 CFR 1959-1963, p. 502. Evacuation payments under these 
authorities are made to employees or their dependents, or both, who are 
ordered to be evacuated because of natural disasters or for military or 
other reasons that create imminent danger to the lives of the employees 
or their dependents.
    The OPM regulations are intended to provide Governmentwide 
uniformity in making payments to civilian employees during an 
evacuation. They apply to civilian Federal employees who are evacuated 
in the United States. In this regard, OPM is proposing that the 
definition of United States area in Sec. 550.402 be removed and 
replaced by a new definition of United States. The proposed new 
definition has been updated to delete language excluding the Trust 
Territory of the Pacific Islands and to include the Commonwealth of the 
Northern Mariana Islands (formerly the Trust Territory). This is 
consistent with the fact that the Commonwealth of Puerto Rico is 
included in the definition. It is also consistent with the Federal 
Travel Regulation, which authorizes temporary quarters subsistence 
allowances, real estate allowances, and relocation income tax for the 
Northern Mariana Islands. The Panama Canal Zone is not included in the 
new definition of United States, since the Panama Canal Zone will cease 
to exist at the end of calendar year 1999.
    Special allowances, including travel expenses and per diem, may be 
made to evacuated employees, including payments for their dependents, 
to offset any direct added expenses that are incurred by the employees 
as a result of evacuation. Current OPM regulations provide that per 
diem is authorized for dependents of an evacuated employee at a rate 
equal to the rate payable for the employee, except that the rate for 
dependents under 11 years of age is one-half the rate payable to the 
employee.
    The Department of Defense (DOD) has requested that OPM raise the 
age requirement for payment of the maximum per diem rate for dependents 
of evacuated civilian employees from age 11 to age 12. This proposed 
change would make OPM regulations consistent with DOD regulations, 
which require that an evacuated dependent of a uniformed member be 12 
years of age or older to receive the maximum per diem rate. This is 
true for dependents of uniformed members both within and outside the 
United States.
    The term uniformed members means members of the ``uniformed 
services,'' as defined in 5 U.S.C. 2101. This includes members of the 
armed forces, the commissioned corps of the Public Health Service, and 
the commissioned corps of the National Oceanic and Atmospheric 
Administration.
    State Department regulations for evacuations from foreign areas 
currently set an age 12 requirement for payment of the maximum per diem 
rate during ``travel'' to a safe haven location for dependents of 
evacuated civilian employees. The State Department regulations also use 
an age 12 threshold for temporary quarters subsistence allowances and 
foreign transfer allowances. Similarly, the Federal Travel Regulation 
uses the age 12 threshold for computing per diem rates for permanent 
change of station and temporary quarters subsistence expense 
allowances. However, State Department regulations use age 18 as the 
threshold for payment of the maximum allowance for meals and incidental 
expenses (M&IE) for dependents of civilian employees stationed in 
foreign countries who have been evacuated to safe haven locations. 
(Note: subsistence expense allowance includes amounts that may be paid 
to employees for lodging, food, and incidental expenses. This is also 
true of the term per diem.)
    DOD reports that current requirements establishing different ages 
for entitlement to the maximum per diem rate for evacuated dependents 
create confusion and the appearance of inequity. This is particularly 
true since civilian employees and dependents of uniformed members are 
often evacuated from the same locations at the same time. DOD employees 
in personnel and payroll offices sometimes assume that a 12-years-old 
threshold applies in all cases. This results in erroneous payments and 
causes DOD personnel to waste time explaining and implementing the 
different requirements and correcting errors.
    OPM agrees that this difference in policy is unnecessary and 
inequitable and increases administrative complexity and confusion. 
Therefore, OPM is proposing revisions in Sec. 550.405 consistent with 
the DOD recommendation.
    At the request of DOD, OPM is also proposing a change in 
Sec. 550.405(b)(1) to require that the maximum per diem rate

[[Page 69937]]

be computed using the ``lodgings-plus per diem system.'' This term is 
defined in section 300-3.1 of the Federal Travel Regulation to mean 
``[t]he method of computing per diem allowances for official travel in 
which the per diem allowance for each travel day is established on the 
basis of the actual amount the traveler pays for lodging, plus an 
allowance for meals and incidental expenses (M&IE), the total of which 
does not exceed the maximum per diem rate for the location concerned.''

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
impact on a substantial number of small entities because they would 
apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 550

    Administrative practice and procedure, Claims, Government 
employees, Wages.

U.S. Office of Personnel Management
Janice R. Lachance,
Director.
    Accordingly, OPM is proposing to amend subpart D of part 550 of 
title 5 of the Code of Federal Regulations as follows:

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart D--Payments During Evacuation

    1. The authority citation for subpart D of part 550 is revised to 
read as follows:

    Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR, 1959-1963, Comp. p. 
502.

    2. In Sec. 550.401, paragraph (a) is revised to read as follows:


Sec. 550.401  Purpose, applicability, authority, and administration.

    (a) Purpose. This subpart provides regulations to administer 
subchapter III (except sections 5524a and 5525) of chapter 55 of title 
5, United States Code. The regulations provide for Governmentwide 
uniformity in making payments during an evacuation to employees or 
their dependents, or both, who are evacuated in the United States 
because of natural disasters or for military or other reasons that 
create imminent danger to their lives.
* * * * *
    3. In Sec. 550.402, the definition of United States area is 
removed, and a new definition of United States is added to read as 
follows:


Sec. 550.402  Definitions.

* * * * *
    United States means the 50 States, the District of Columbia, the 
Commonwealths of Puerto Rico and the Northern Mariana Islands, and any 
territory or possession of the United States.
    4. In section 550.405, paragraphs (a) and (b)(1) are revised to 
read as follows:


Sec. 550.405  Determination of special allowances.

* * * * *
    (a) The travel expenses and per diem for an evacuated employee and 
the travel expenses for his or her dependents must be determined in 
accordance with the Federal Travel Regulation (FTR) and any applicable 
implementing agency regulations, whether or not the employee or 
dependents are actually covered by or subject to the FTR. In addition, 
per diem is authorized for dependents of an evacuated employee at a 
rate equal to the rate payable to the employee, as determined in 
accordance with the FTR (except that the rate for dependents under 12 
years of age shall be one-half this rate), whether or not the employee 
or dependents are actually covered by or subject to the FTR. Per diem 
for an employee and his or her dependents is payable from the date of 
departure from the evacuated area through the date of arrival at the 
safe haven, including any period of delay en route that is beyond an 
evacuee's control or that may result from evacuation travel 
arrangements.
    (b) * * *
    (1) The applicable maximum per diem rate must be computed using the 
``lodgings-plus per diem system,'' as defined in the FTR, for the 
employee and each dependent who is 12 years of age or over. One half of 
such rate must be computed for each dependent under 12 years of age. 
These maximum rates may be paid for a period not to exceed the first 30 
days of evacuation.
* * * * *
[FR Doc. 99-32461 Filed 12-14-99; 8:45 am]
BILLING CODE 6325-01-P