[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR550.405]

[Page 517-518]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                  Subpart D--Payments During Evacuation
 
Sec. 550.405  Determination of special allowances.

    In determining the direct added expenses that may be payable as 
special allowances, the following shall be considered:
    (a) An agency must determine the travel expenses and per diem for an 
evacuated employee and the travel expenses for his or her dependents 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, 
an agency may authorize per diem 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 is 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) Subsistence expenses for an evacuated employee or his or her 
dependents shall be determined at applicable per diem rates for the safe 
haven or for a station other than the safe haven that has been approved 
by appropriate authority. Such subsistence expenses shall begin to be 
paid on the date following arrival and may continue until terminated. 
The subsistence expenses shall be computed on a daily rate basis, as 
follows:
    (1) An agency must compute the applicable maximum per diem rate by 
using the ``lodgings-plus per diem system,'' as defined in the FTR, for 
the employee and each dependent who is 12

[[Page 518]]

years of age or over. For each dependent under 12 years of age, the per 
diem rate is one-half of the applicable maximum per diem rate for 
employees and dependents who are 12 years of age or over. An agency may 
pay these maximum rates for a period not to exceed the first 30 days of 
evacuation.
    (2) If, after expiration of the 30-day period, the evacuation has 
not been terminated, the per diem rate shall be computed at 60 percent 
of the rates prescribed in paragraph (b)(1) of this section until a 
determination is made by the agency that subsistence expenses are no 
longer authorized. This rate may be paid for a period not to exceed 180 
days after the effective date of the order to evacuate.
    (3) The daily rate of the subsistence expense allowance actually 
paid an employee shall be either a rate determined in accordance with 
paragraphs (b) (1) and (2) of this section or a lower rate determined by 
the agency to be appropriate for necessary living expenses.
    (c) Payment of subsistence expenses shall be decreased by the 
applicable per-person amount for any period during which the employee is 
authorized regular travel per diem in accordance with the FTR.

[59 FR 66332, Dec. 28, 1994, as amended at 65 FR 41869, July 7, 2000]