Federal Travel Regulation (FTR); Relocation Allowances-Miscellaneous Expenses Allowance, 4268-4272 [2024-01214]
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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Proposed Rules
Reporting and recordkeeping
requirements.
Michael S. Regan,
Administrator.
[FR Doc. 2024–00747 Filed 1–22–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 302–16
[FTR Case 2022–04 Docket No. GSA–FTR–
2023–0017, Sequence No. 2]
RIN 3090–AK65
Federal Travel Regulation (FTR);
Relocation Allowances—
Miscellaneous Expenses Allowance
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
The United States General
Services Administration (GSA) is
proposing to amend the FTR by
removing the relocation miscellaneous
expenses allowance (MEA) lump sum
amounts from the FTR. These lump sum
amounts will be published in FTR
Bulletins on an intermittent basis, much
like what is done for per diem and
mileage rates. The relocation MEA
actual (as opposed to lump sum)
amounts are unchanged and will remain
in the FTR. The proposed rule would
also update the types of expenses that
may or may not be reimbursed by
relocation MEA when employees
itemize under actual expense. The
proposed rule would also update and
clarify other relocation MEA regulatory
sections and rearrange them into a more
sequential order.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before March 25,
2024 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to FTR Case 2022–04 to:
Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FTR Case 2022–04’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FTR Case 2022–04.’’
Follow the instructions provided on the
screen. Please include your name,
company name (if any), and ‘‘FTR Case
2022–04’’ on your attached document. If
your comment cannot be submitted
using https://www.regulations.gov, call
or email the points of contact in the FOR
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SUMMARY:
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section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite FTR Case 2022–04, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Rodney (Rick) Miller, Program Analyst,
Office of Government-wide Policy, at
202–501–3822 or travelpolicy@gsa.gov.
For information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite FTR Case 2022–04.
SUPPLEMENTARY INFORMATION:
FURTHER INFORMATION CONTACT
I. Background
A. Summary of Significant Changes
GSA is proposing to amend the FTR
by removing the relocation MEA lump
sum amounts, providing that lump sum
amounts will be published in FTR
Bulletins on an intermittent basis,
rearranging the relocation MEA sections
into a more sequential order, clarifying
and modifying relocation MEA sections
by updating employee eligibility for
relocation MEA, and updating examples
of expenses for which relocation MEA
may be authorized or not.
Pursuant to 5 United States Code
(U.S.C.) 5738, the Administrator of
General Services is authorized to
prescribe regulations necessary to
implement laws regarding Federal
employees when assigned a temporary
change of station (TCS) or when
otherwise transferred in the interest of
the Government. The overall
implementing authority is the FTR,
codified in title 41 of the Code of
Federal Regulations, chapters 300
through 304.
GSA’s OGP continually reviews and
adjusts policies and regulations under
its purview to address Government
relocation needs and to incorporate best
practices, where appropriate, as a part of
its ongoing mission to provide policies
for travel by Federal civilian employees
and others authorized to travel at
Government expense.
Pursuant to 5 U.S.C. 5724a(f) and
5737(a)(6), an employee transferred in
the interest of the Government from one
official station to another, assigned to a
TCS location, or who has completed a
TCS assignment and returned to their
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previous official station is authorized a
relocation MEA.
The purpose of the relocation MEA is
to defray some of the costs incurred due
to relocating. The allowance is related to
expenses that are common to living
quarters, such as fees for disconnecting
and connecting appliances; cutting and
fitting rugs, draperies, and curtains
moved from one residence to another;
utility fees or deposits that are not offset
by eventual refunds; forfeiture of
medical, dental, and other nontransferrable contracts; and the cost of
changing automobile registration(s) and
driver’s licenses.
The FTR provides that a relocation
MEA may be paid using one of two
methods: lump sum or actual expense.
Under the lump sum method, the
agency pays a lump sum amount
without requiring employee
documentation of expenses. Under the
current regulatory language, the lump
sum amounts are ‘‘either $650 or the
equivalent of one week’s basic gross
pay, whichever is the lesser amount’’ for
an employee without immediate family
members relocating with them, and
‘‘$1300 or the equivalent of two weeks’
basic gross pay, whichever is the lesser
amount’’ for an employee with
immediate family members relocating
with them.
Under the actual expense method, the
agency may authorize the employee to
claim actual costs depending on the
type of expenses incurred, in an amount
in excess of the prescribed lump sum
amount. The employee justifies any
actual expenses by itemizing with
supporting documentation.
Reimbursement is limited to one or two
weeks’ basic gross pay depending on
whether or not the employee has an
immediate family relocating with them,
not to exceed the maximum rate payable
for a position at GS–13, Step 10, of the
General Schedule (base) (see 5 U.S.C.
5332).
The proposed rule would amend the
FTR by removing the relocation MEA
lump sum amounts from the FTR and
directing readers to an FTR bulletin
with the relocation MEA lump sum
amounts. GSA would publish the initial
FTR bulletin with the relocation MEA
lump sum amounts prior to the final
rule effective date. Agencies are advised
that the relocation MEA lump sum
amounts are expected to increase since
they were last updated in 2011. Moving
forward, GSA will publish FTR
bulletins to update the relocation MEA
lump sum amounts, as needed, based on
changes to the Consumer Price Index.
The proposed rule would also clarify in
the regulatory text that ‘‘basic gross
pay’’, as referenced in FTR part 302–16,
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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Proposed Rules
does not include ‘‘locality pay.’’ See 5
U.S.C. 5302 and 5304.
This proposed rule would also update
and clarify the relocation MEA sections
in the FTR and rearrange them into a
more sequential order, to include
replacing the table at FTR 302–16.2 with
an updated list of examples for which
the relocation MEA may be authorized,
and updating the list of examples for
which the relocation MEA may not be
authorized. It would also remove the
relocation MEA employee eligibility
table at FTR 302–16.3 and reformat it as
an employee eligibility listing.
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B. Regulatory Impact Analysis
The following section is a list of
activities related to the regulatory
compliance that GSA anticipates will
occur during the first and subsequent
years after publication of the final rule.
GSA estimates this cost by multiplying
the time required to conduct these
activities (publication of a proposed
rule, final rule, FTR bulletin, and
increase in the relocation MEA lump
sum amounts) by the estimated
(rounded) compensation. GSA
calculates the estimated hourly
compensation using the U.S. Office of
Personnel Management’s 2023 General
Schedule (GS) Rest of United States
Locality Pay Table, the full fringe
benefit cost factor of 36.25 percent,1 and
a 12 percent 2 overhead factor to arrive
at an overall adjustment factor of 52.6
percent.
1. Government Costs
GSA estimated the total cost each year
to issue a FTR bulletin with the new
relocation MEA lump sum amount,
based on the number of GSA full-time
employees (FTEs), the average hourly
rate for each grade level, and the
number of hours to draft the FTR
bulletin by program managers, hours to
review by General Counsel, and hours to
review and approve by senior
management.
GSA estimates it will take 8 GSA
employees on average, with a GS–14
step 5 with an average hourly rate of
$96.45/hour, 1 hour each in year 1 to
draft the initial FTR bulletin with the
relocation MEA lump sum amount.
Therefore, GSA estimates the total
estimated cost for this part of the rule
to be $772 (= 8 × $96.45 GS–14 step 5
rate × 1 hour).
GSA estimates it will take 1 GSA
employee on average, with a GS–15 step
1 General Schedule (opm.gov), OMB Memo M–08–
13, dated March 11, 2008, and Computing Hourly
Rates of Pay Using the 2,087-Hour Divisor
(opm.gov).
2 See Attachment C of OMB Circular A–76
Revised, dated May 29, 2003.
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5 with an average hourly rate of
$113.46/hour, 1 hour in year 1 to review
the initial FTR bulletin with the
relocation MEA lump sum amount.
Therefore, GSA estimates the total
estimated cost for this part of the rule
to be $113 (= 1 × $113.46 GS–15 step 5
rate × 1 hour).
GSA estimates it will take 1 GSA
General Counsel staff on average, with
a SES Level 3 with an average hourly
rate of $142.59/hour, 1 hour in year 1
to review the initial FTR bulletin with
the relocation MEA lump sum amount.
Therefore, GSA estimates the total
estimated cost for this part of the rule
to be $143 (= 1 × $42.59 SES Level 3 rate
× 1 hour).
Therefore, GSA estimates the total
estimated cost for this part of the rule
to be $1,027 for the initial FTR bulletin
and each additional year a FTR bulletin
is issued for new lump sum amounts
($1,027 × 10 years = $10,270).
A relocation MEA is a mandatory
relocation entitlement to those current
employees that transfer from one official
duty station to another. Agencies are
advised that the relocation MEA lump
sum amounts are expected to increase
since they were last updated in 2011.
Therefore, after publication of the final
rule, GSA will publish a FTR bulletin to
change the relocation MEA lump sum
amounts, with projected increases, from
$650 to $750 for an employee without
immediate family members relocating
with them and from $1,300 to $1,500 for
an employee with immediate family
members relocating with them.
GSA requires Federal agencies to
track general relocation data regarding
entitlements but not the specific data
regarding types of expenses authorized
within the relocation entitlement
category. GSA used data from the
Business Travel and Relocation
Dashboard, which only accounts for the
overall MEA claims and does not
differentiate between the types of MEA
or if MEA is authorized for a single
employee or an employee with family
members, to calculate average annual
relocation MEA costs per claim across
Federal agencies from fiscal year 2018 to
fiscal year 2022.
GSA calculates the average relocation
MEA lump sum amount between the
employees without immediate family
members and employees with
immediate family members amounts to
be $1,125 (= $750 + $1,500/2).
GSA assumes the average relocation
MEA lump sum amount across Federal
agencies will increase to $1,125. GSA
multiplied the difference between
$1,125 and the average annual
relocation MEA cost per claim for those
Federal agencies with an average annual
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MEA cost per claim less than $1,125 by
the number of average annual MEA
claims for the respective Federal agency.
Therefore, assuming the number of
relocation transfers entitled to MEA on
average will stay consistent, with the
current overall agency average at less
than the current rate of $1,300, and an
increase in the MEA lump sum rate, for
years 1 through 10, GSA estimates the
total overall increase in associated
transfer payments to be $312,973 each
year for years 1 through 10 ($312,973 ×
10 years = $3,129,730).
1. Government Savings
GSA estimated the total cost it will no
longer be required to take to issue a FTR
proposed rule and final rule with new
relocation MEA lump sum amount,
based on the number of GSA full time
employees (FTEs), the average hourly
rate for each grade level, and the
number of hours to draft the FTR
proposed and final rule by program
managers, hours reviewed by General
Counsel, and hours to review and
approve by senior management.
GSA estimates it will no longer take
3 GSA employees on average, with a
GS–14 step 5 with an average hourly
rate of $96.45/hour, 8 hours each in year
1 to draft a proposed rule for relocation
MEA lump sum changes. Therefore,
GSA estimates the total estimated cost
savings for this part of the rule to be
$2,315 (= 3 × $96.45 GS–14 step 5 rate
× 8 hours).
GSA estimates it will no longer take
3 GSA employees on average, with a
GS–15 step 5 with an average hourly
rate of $113.46/hour, 8 hours each in
year 1 to review a proposed rule for
relocation MEA lump sum changes.
Therefore, GSA estimates the total
estimated cost savings for this part of
the rule to be $2,723 (= 3 × $113.46 GS–
15 step 5 rate × 8 hours).
GSA estimates it will no longer take
4 GSA General Counsel staff on average,
with a SES Level 3 with an average
hourly rate of $142.59/hour, 8 hours
each in year 1 to review a proposed rule
for relocation MEA lump sum changes.
Therefore, GSA estimates the total
estimated cost savings for this part of
the rule to be $4,563 (= 4 × $142.59 SES
Level 3 rate × 8 hours).
These estimated costs do not account
for other agencies who review the rules
prior to publication in the Federal
Register. Therefore, GSA estimates the
total estimated cost savings for this part
of the rule by not issuing a proposed
and final rule to increase the relocation
MEA lump sum amounts to be $8,572.
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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Proposed Rules
1. Total Government Net Impact
The total undiscounted estimated
Government costs of drafting a FTR
bulletin and eliminating drafting a
proposed and final rule is $1,698 over
a 10-year period. The total
undiscounted estimated associated
transfer payments, assuming the number
of relocation transfers entitled to MEA
on average will stay consistent, the
current overall agency average is less
than the current rate of $1,300, and the
increase in the MEA lump sum rate, is
$3,129,730 over a 10-year period. The
total present value estimated
Government costs calculated for a 10year time horizon at 3 percent is $438
and at 7 percent is ¥$798. The total
discounted estimated associated transfer
payments calculated for a 10-year
horizon at 3 percent is $2,328,813 and
at 7 percent is $1,590,996.
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II. Executive Orders 12866, and 13563,
and 14904
Executive Orders (E.O.s) 12866
(Regulatory Planning and Review)
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. E.O. 14094
(Modernizing Regulatory Review)
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 and
E.O. 13563. OIRA has determined this is
a significant regulatory action and,
therefore, was subject to review under
section 6(b) of E.O. 12866, Regulatory
Planning and Review, dated September
30, 1993.
III. Regulatory Flexibility Act
GSA does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because it applies only to
Federal agencies and employees.
Therefore, an Initial Regulatory
Flexibility Analysis was not performed.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
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the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 302–16
Government employees, Travel and
Transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of
Government-wide Policy.
For reasons set forth in the preamble,
GSA proposes to revise 41 CFR part
302–16 as set forth below:
■
PART 302–16—ALLOWANCE FOR
MISCELLANEOUS EXPENSES
Subpart A—General Rules
Sec.
302–16.1 What is the purpose of the
miscellaneous expenses allowance
(MEA)?
302–16.2 Who is and who is not eligible for
a MEA?
302–16.3 Must my agency authorize
payment of a MEA?
302–16.4 How will I receive the MEA?
302–16.5 May I receive an advance of funds
for MEA?
302–16.6 What amount may my agency
reimburse me for miscellaneous
expenses?
302–16.7 May I claim an amount in excess
of that prescribed in this part?
302–16.8 What are examples of types of
costs covered by the MEA?
302–16.9 What are examples of types of
cost not covered by the MEA?
302–16.10 What standard of care must I use
in incurring miscellaneous expenses?
Subpart B—Agency Responsibilities
302–16.100 What governing policies must
we establish for MEA?
302–16.101 How should we administer the
authorization and payment of
miscellaneous expenses?
302–16.102 Are there any restrictions to the
types of costs we may cover?
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
Subpart A—General Rules
Note to subpart A: Use of pronouns ‘‘I,’’
‘‘you,’’ and their variants throughout this
subpart refers to the employee, unless
otherwise noted.
§ 302–16.1 What is the purpose of the
miscellaneous expenses allowance (MEA)?
The miscellaneous expenses
allowance (MEA) is intended to help
defray various costs incurred due to
relocation, assignment to a temporary
official station (TCS), and return to the
previous official station upon
completion of a TCS assignment.
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§ 302–16.2 Who is and who is not eligible
for a MEA?
(a) You are eligible for a MEA if:
(1) Your agency authorized or
approved a transfer or a TCS;
(2) You discontinued and established
a residence in connection with your
transfer or TCS;
(3) You meet the applicable eligibility
conditions in part 302–1 of this chapter;
and
(4) You signed a required service
agreement in part 302–2 of this chapter,
if transferred.
(b) You are not eligible for a MEA if
you are:
(1) A new appointee;
(2) A Senior Executive Service (SES)
employee authorized ‘‘last move home’’
benefits upon separation from
Government service;
(3) Assigned under the Government
Employees Training Act (5 U.S.C. 4109);
(4) Returning from an OCONUS
official station to place of actual
residence for separation from
Government service; or
(5) Returning from an OCONUS
official station to a new CONUS official
station if relocation expenses have not
been authorized to the new CONUS
official station.
§ 302–16.3 Must my agency authorize
payment of a MEA?
Yes, if you meet the applicable
eligibility conditions in § 302–16.2, your
agency must authorize payment of a
MEA.
§ 302–16.4
How will I receive the MEA?
You will be reimbursed your MEA in
accordance with your agency’s internal
relocation policy.
§ 302–16.5 May I receive an advance of
funds for MEA?
No, your agency may not authorize an
advance of funds for MEA. MEA may be
paid after you have transferred to the
new official station, upon assignment to
your TCS, or upon completion of your
TCS and return to your previous official
station, as applicable.
§ 302–16.6 What amount may my agency
reimburse me for miscellaneous expenses?
The following amounts will be paid
for miscellaneous expenses without
support or documentation of expenses:
(a) Either a lump sum amount set in
an FTR bulletin or the equivalent of one
week’s basic gross pay, whichever is the
lesser amount, if you have no immediate
family relocating with you; or
(b) Either a lump sum amount set in
an FTR bulletin or the equivalent of two
weeks’ basic gross pay, whichever is the
lesser amount, if you have immediate
family relocating with you.
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Note 1 to § 302–16.6: GSA publishes the
lump sum amounts in an FTR bulletin on an
intermittent basis at https://gsa.gov/
ftrbulletins.
§ 302–16.7 May I claim an amount in
excess of that prescribed in this part?
Yes, you may claim an amount in
excess of that prescribed in § 302–16.6
if authorized by your agency; and
(a) Supported by acceptable
statements of fact, paid bills or other
acceptable evidence (documentation)
justifying the amounts claimed; and
(b) The aggregate amount does not
exceed your basic gross pay (at the time
you reported for duty, at your new
official station) for:
(1) One week if you are relocating
without an immediate family; or
(2) Two weeks if you are relocating
with an immediate family.
(c) The amount authorized cannot
exceed the maximum rate of grade GS–
13, Step 10 General Schedule (base)
salary (excluding locality pay) (see 5
U.S.C. 5332) at the time you reported for
duty at your new official station.
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§ 302–16.8 What are examples of types of
costs covered by the MEA?
Miscellaneous expenses are costs
associated with relocating that are not
covered by other relocation benefits
detailed in chapter 302. Expenses
allowable include but are not limited to
the following, and similar, items:
(a) Fees for disconnecting and
connecting utilities (such as gas, water,
electricity), appliances, equipment
(such as a security system or electric
vehicle charging station), or conversion
of appliances for operation on available
utilities;
(b) Fees for cutting and fitting rugs,
draperies, and curtains when they are
moved from one residence to another;
(c) Deposits or fees for utilities not
offset by eventual refunds;
(d) Losses that cannot be recovered by
transfer or refund and are incurred due
to early termination of a contract (e.g.,
medical, dental, private institutional
care for immediate family members with
disabilities, nonrefundable education
enrollment fee, real estate expenses
connected with the cancellation of a
contract when the agency prevented the
employee from completing a purchase
of a residence due to a new transfer);
(e) Automobile registration, driver’s
license, and use taxes imposed when
initially bringing privately-owned
vehicles (POVs) into certain
jurisdictions;
(f) Reinstalling or removing
automobile parts upon vehicle reentry
into the United States or entry into a
foreign country, when removal or
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installation of those automobile parts
was required by host country law;
(g) Post office box rental fee when
rented to provide a constant mailing
address between the time an employee
departs the old residence and occupies
a residence at the new official station;
(h) Rental agent fees customarily
charged for securing housing in foreign
countries;
(i) Reassembly, set up, and tuning of
a piano moved for relocation;
(j) Pet care (for cats and dogs only),
child care, or adult care for dependent
parents or other adult dependents
incapable of self-care at home while the
employee or spouse are away on a
househunting trip, or are packing or
unpacking;
(k) Rental car fees while awaiting a
delayed POV shipment to or from
OCONUS if the transportation service
provider (TSP) has not arranged for the
employee’s use of a rental car at TSP
expense. Reimbursement may be
authorized starting after the shipping
company designated delivery date, shall
not exceed 10 days, and does not
include the days after the POV is
delivered or a new POV is purchased at
location. The rental car for the employee
and immediate family members must be
the same or comparable size or model as
the POV the employee shipped;
(l) Transportation and quarantine of
pets (cats and dogs only). Costs
normally associated with the
transportation, quarantine fees, and
handling of dogs and cats. This includes
pet-related costs due to air carrier rules
or imposed by the law of the
jurisdiction of the employee’s new
residence as an integral part of the
process of admissions and licensing;
(m) Professional relicensing fees
required by the new official station that
are directly related to the employee’s
occupation, such as fees required to take
the bar exam or teaching certification;
and professional relicensing fees or
business costs (including exam,
continuing education courses, business
license, permit, and registration fees)
that are directly related to the
immediate family member’s occupation,
when the immediate family member
was licensed or certified in a profession,
or owned a business, at the employee’s
previous official station and is required
to secure or maintain a new professional
license or certification, or business
license or permit, to engage in that
profession in a new jurisdiction because
of unique licensing or certification
requirements and authorities; or
(n) Specialized shipment of hazardous
materials, such as lithium batteries,
when Federal, state, local, and foreign
country laws or carrier regulations
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prohibit commercial shipment of certain
articles not included as part of
household goods, which cannot be
otherwise transported to the new official
station because of shipping and
transportation restrictions.
§ 302–16.9 What are examples of types of
costs not covered by the MEA?
Examples of costs that are not
reimbursable from the MEA are:
(a) Losses in selling or buying real and
personal property and costs related to
such transactions;
(b) Cost of additional insurance on
household goods while in transit to the
new official station or cost of loss or
damage to such property;
(c) Additional costs of moving
household goods caused by exceeding
the maximum weight limitation;
(d) Costs of newly acquired items,
such as the purchase or installation cost
of new rugs or draperies;
(e) Higher income, real estate, sales, or
other taxes as the result of establishing
residence in the new locality;
(f) Fines imposed for traffic
infractions while en route to the new
official station locality;
(g) Accident insurance premiums or
liability costs incurred in connection
with travel to the new official station
locality, or any other liability imposed
upon the employee for uninsured
damages caused by accidents for which
the employee or their immediate family
is held responsible;
(h) Losses as the result of sale or
disposal of items of personal property
(such as lithium batteries, gasoline, and
natural gas) not considered convenient
or practicable to move;
(i) Damage or loss of clothing, luggage,
or other personal effects while traveling
to the new official station locality;
(j) Subsistence, transportation, or
mileage expenses in excess of the
amounts reimbursed as per diem or
other allowances under this regulation;
(k) Medical expenses due to illness or
injuries while en route to the new
official station or while living in
temporary quarters at Government
expense under the provisions of this
chapter;
(l) Costs incurred in conjunction with
structural alterations (such as
remodeling or modernizing of living
quarters, garages or other buildings to
accommodate privately-owned
automobiles, appliances or equipment
[e.g., a security system or electric
vehicle charging station]); or replacing
or repairing worn-out or defective
appliances, or equipment shipped to the
new location;
(m) Costs incurred in connection with
preparing a residence for sale or
E:\FR\FM\23JAP1.SGM
23JAP1
4272
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Proposed Rules
purchase (e.g., maintenance, repairs,
cleaning);
(n) Delivery charges or costs
associated with newly-acquired items
(such as appliances, security systems,
locksmith service, or new vehicle) at the
new official station for reasons of
personal taste or preference and not
required because of the relocation;
(o) Costs unrelated to the quarantine,
transportation, and handling of pets.
Additional costs for lodging for a second
room or boarding fees, micro-chipping,
veterinary expenses (e.g., inoculations,
examinations, medical care and
certification fees), routine care and
grooming of pets, and purchases of
crates and tags for the pets. Expenses for
other animals (horses, fish, birds,
reptiles, rodents, etc.) are not authorized
because of their size, exotic nature,
restrictions on shipping, host country
restrictions, and special handling
difficulties; or
(p) Costs related to obtaining a visa,
passport, immigration green card, birth
certificate or other acceptable evidence
of birth when required for official travel
to foreign locations; charges for
immunization, inoculations, other
disease-preventative medical
prophylaxis, including disease testing,
that are required for official travel if not
obtained through the agency. The
expenses in this paragraph may be
reimbursable as part of the employee’s
relocation en route travel miscellaneous
expenses as specified in § 301–12.1 of
this chapter.
§ 302–16.10 What standard of care must I
use in incurring miscellaneous expenses?
You must exercise the same care in
incurring expenses that a prudent
person would exercise if relocating at
personal expense.
Note to subpart B: Use of pronouns ‘‘we,’’
‘‘you,’’ and their variants throughout this
subpart refers to the agency.
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 302–16.100 What governing policies
must we establish for MEA?
For MEAs, you must establish policies
and procedures governing:
(a) Who will determine whether
payment for an amount in excess of the
lump sum MEA is appropriate; and
(b) How you will pay a MEA in
accordance with §§ 302–16.2 and 302–
16.3.
§ 302–16.101 How should we administer
the authorization and payment of
miscellaneous expenses?
VerDate Sep<11>2014
16:48 Jan 22, 2024
Jkt 262001
Yes, a MEA cannot be used to
reimburse:
(a) Costs or expenses incurred which
exceed maximums provided by statute
or in this subtitle;
(b) Costs or expenses incurred but
which are disallowed elsewhere in this
subtitle;
(c) Costs reimbursed under other
provisions of law or regulations;
(d) Costs or expenses incurred for
reasons of personal taste or preference
and not required because of the move;
(e) Losses covered by insurance;
(f) Fines or other penalties imposed
upon the employee or members of their
immediate family;
(g) Judgments, court costs, and similar
expenses growing out of civil actions; or
(h) Any other expenses brought about
by circumstances, factors, or actions in
which the move to a new official station
was not the proximate cause.
[FR Doc. 2024–01214 Filed 1–22–24; 8:45 am]
BILLING CODE 6820–14–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Parts 701, 702, 704, 705, 706,
715, 719, 725, 731, 742, 750, and 752
RIN 0412–AA88
U.S. Agency for International
Development Acquisition Regulation;
Administrative Updates
U.S. Agency for International
Development.
ACTION: Proposed rule.
AGENCY:
The U.S. Agency for
International Development (USAID)
seeks public comment on a proposed
rule that would revise the Agency for
International Development Acquisition
Regulation (AIDAR) to maintain
consistency with Federal and Agency
regulations, remove obsolete material
and internal Agency procedures, and
make editorial amendments to better
clarify the regulation.
DATES: Comments must be received no
later than February 22, 2024.
ADDRESSES: Submit comments,
identified by the title of the action and
Regulatory Information Number (RIN)
through the Federal eRulemaking Portal
at https://www.regulations.gov by
following the instructions for submitting
comments. Please include your name,
company name (if any), and ‘‘0412–
AA88’’ on any attachments. If your
comment cannot be submitted using
https://www.regulations.gov, call or
SUMMARY:
Subpart B—Agency Responsibilities
You should limit payment of
miscellaneous expenses to only those
expenses that are necessary.
§ 302–16.102 Are there any restrictions to
the types of costs we may cover?
PO 00000
Frm 00062
Fmt 4702
Sfmt 4702
email the point of contact in the FOR
section of
this document for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Lyudmila Bond, Telephone: 202–916–
2622 or Email: policymailbox@
usaid.gov.
FURTHER INFORMATION CONTACT
SUPPLEMENTARY INFORMATION:
A. Providing Accountability Through
Transparency Act of 2023
The Providing Accountability
Through Transparency Act of 2023 (12
U.S.C. 553(b)(4)) requires that a notice
of proposed rulemaking include the
internet address of a summary of not
more than 100 words in length of the
proposed rule, in plain language, that
shall be posted on the internet website
under section 206(d) of the EGovernment Act of 2002 (44 U.S.C. 3501
note). In summary: ‘‘USAID seeks public
comment on a proposed rule that would
revise the AIDAR to maintain
consistency with Federal and Agency
regulations, remove obsolete material
and internal Agency procedures, and
make editorial amendments to better
clarify the regulation. For detailed
information on these revisions, please
see a final rule with the same RIN and
title.’’
The proposal, including the summary
provided herein, can be found at https://
www.regulations.gov.
B. Additional Information
USAID is publishing in the ‘‘Rules
and Regulations’’ section of this Federal
Register a final rule with the same title
that identifies administrative and
editorial revisions to the AIDAR. USAID
is publishing these changes in the direct
final rule because the Agency views it
as a conforming and administrative
amendment and does not anticipate any
adverse comments. A detailed
discussion of revisions proposed to the
AIDAR is set forth in the preamble of
the direct final rule.
If no significant adverse comment is
received in response to the direct final
rule, no further action will be taken
related to this proposed rule.
If significant adverse comment(s) are
received on the direct final rule, USAID
will publish a timely withdrawal in the
Federal Register informing the public
changes to what AIDAR part(s) or
subpart(s), as announced in the direct
final rule, will not take effect. Any
portions of the final rule for which no
significant adverse comment is received
will become final after the designated
period. All public comments received
on the direct final rule will be addressed
in a subsequent final rule based on this
proposed rule. USAID will not institute
E:\FR\FM\23JAP1.SGM
23JAP1
]]>Agencies
[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Proposed Rules]
[Pages 4268-4272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01214]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 302-16
[FTR Case 2022-04 Docket No. GSA-FTR-2023-0017, Sequence No. 2]
RIN 3090-AK65
Federal Travel Regulation (FTR); Relocation Allowances--
Miscellaneous Expenses Allowance
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The United States General Services Administration (GSA) is
proposing to amend the FTR by removing the relocation miscellaneous
expenses allowance (MEA) lump sum amounts from the FTR. These lump sum
amounts will be published in FTR Bulletins on an intermittent basis,
much like what is done for per diem and mileage rates. The relocation
MEA actual (as opposed to lump sum) amounts are unchanged and will
remain in the FTR. The proposed rule would also update the types of
expenses that may or may not be reimbursed by relocation MEA when
employees itemize under actual expense. The proposed rule would also
update and clarify other relocation MEA regulatory sections and
rearrange them into a more sequential order.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
March 25, 2024 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FTR Case 2022-04 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FTR Case 2022-04''.
Select the link ``Comment Now'' that corresponds with ``FTR Case 2022-
04.'' Follow the instructions provided on the screen. Please include
your name, company name (if any), and ``FTR Case 2022-04'' on your
attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite FTR Case 2022-
04, in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Rodney (Rick) Miller, Program Analyst, Office of Government-wide
Policy, at 202-501-3822 or [email protected]. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755 or [email protected]. Please cite
FTR Case 2022-04.
SUPPLEMENTARY INFORMATION:
I. Background
A. Summary of Significant Changes
GSA is proposing to amend the FTR by removing the relocation MEA
lump sum amounts, providing that lump sum amounts will be published in
FTR Bulletins on an intermittent basis, rearranging the relocation MEA
sections into a more sequential order, clarifying and modifying
relocation MEA sections by updating employee eligibility for relocation
MEA, and updating examples of expenses for which relocation MEA may be
authorized or not.
Pursuant to 5 United States Code (U.S.C.) 5738, the Administrator
of General Services is authorized to prescribe regulations necessary to
implement laws regarding Federal employees when assigned a temporary
change of station (TCS) or when otherwise transferred in the interest
of the Government. The overall implementing authority is the FTR,
codified in title 41 of the Code of Federal Regulations, chapters 300
through 304.
GSA's OGP continually reviews and adjusts policies and regulations
under its purview to address Government relocation needs and to
incorporate best practices, where appropriate, as a part of its ongoing
mission to provide policies for travel by Federal civilian employees
and others authorized to travel at Government expense.
Pursuant to 5 U.S.C. 5724a(f) and 5737(a)(6), an employee
transferred in the interest of the Government from one official station
to another, assigned to a TCS location, or who has completed a TCS
assignment and returned to their previous official station is
authorized a relocation MEA.
The purpose of the relocation MEA is to defray some of the costs
incurred due to relocating. The allowance is related to expenses that
are common to living quarters, such as fees for disconnecting and
connecting appliances; cutting and fitting rugs, draperies, and
curtains moved from one residence to another; utility fees or deposits
that are not offset by eventual refunds; forfeiture of medical, dental,
and other non-transferrable contracts; and the cost of changing
automobile registration(s) and driver's licenses.
The FTR provides that a relocation MEA may be paid using one of two
methods: lump sum or actual expense. Under the lump sum method, the
agency pays a lump sum amount without requiring employee documentation
of expenses. Under the current regulatory language, the lump sum
amounts are ``either $650 or the equivalent of one week's basic gross
pay, whichever is the lesser amount'' for an employee without immediate
family members relocating with them, and ``$1300 or the equivalent of
two weeks' basic gross pay, whichever is the lesser amount'' for an
employee with immediate family members relocating with them.
Under the actual expense method, the agency may authorize the
employee to claim actual costs depending on the type of expenses
incurred, in an amount in excess of the prescribed lump sum amount. The
employee justifies any actual expenses by itemizing with supporting
documentation. Reimbursement is limited to one or two weeks' basic
gross pay depending on whether or not the employee has an immediate
family relocating with them, not to exceed the maximum rate payable for
a position at GS-13, Step 10, of the General Schedule (base) (see 5
U.S.C. 5332).
The proposed rule would amend the FTR by removing the relocation
MEA lump sum amounts from the FTR and directing readers to an FTR
bulletin with the relocation MEA lump sum amounts. GSA would publish
the initial FTR bulletin with the relocation MEA lump sum amounts prior
to the final rule effective date. Agencies are advised that the
relocation MEA lump sum amounts are expected to increase since they
were last updated in 2011. Moving forward, GSA will publish FTR
bulletins to update the relocation MEA lump sum amounts, as needed,
based on changes to the Consumer Price Index. The proposed rule would
also clarify in the regulatory text that ``basic gross pay'', as
referenced in FTR part 302-16,
[[Page 4269]]
does not include ``locality pay.'' See 5 U.S.C. 5302 and 5304.
This proposed rule would also update and clarify the relocation MEA
sections in the FTR and rearrange them into a more sequential order, to
include replacing the table at FTR 302-16.2 with an updated list of
examples for which the relocation MEA may be authorized, and updating
the list of examples for which the relocation MEA may not be
authorized. It would also remove the relocation MEA employee
eligibility table at FTR 302-16.3 and reformat it as an employee
eligibility listing.
B. Regulatory Impact Analysis
The following section is a list of activities related to the
regulatory compliance that GSA anticipates will occur during the first
and subsequent years after publication of the final rule. GSA estimates
this cost by multiplying the time required to conduct these activities
(publication of a proposed rule, final rule, FTR bulletin, and increase
in the relocation MEA lump sum amounts) by the estimated (rounded)
compensation. GSA calculates the estimated hourly compensation using
the U.S. Office of Personnel Management's 2023 General Schedule (GS)
Rest of United States Locality Pay Table, the full fringe benefit cost
factor of 36.25 percent,\1\ and a 12 percent \2\ overhead factor to
arrive at an overall adjustment factor of 52.6 percent.
---------------------------------------------------------------------------
\1\ General Schedule (opm.gov), OMB Memo M-08-13, dated March
11, 2008, and Computing Hourly Rates of Pay Using the 2,087-Hour
Divisor (opm.gov).
\2\ See Attachment C of OMB Circular A-76 Revised, dated May 29,
2003.
---------------------------------------------------------------------------
1. Government Costs
GSA estimated the total cost each year to issue a FTR bulletin with
the new relocation MEA lump sum amount, based on the number of GSA
full-time employees (FTEs), the average hourly rate for each grade
level, and the number of hours to draft the FTR bulletin by program
managers, hours to review by General Counsel, and hours to review and
approve by senior management.
GSA estimates it will take 8 GSA employees on average, with a GS-14
step 5 with an average hourly rate of $96.45/hour, 1 hour each in year
1 to draft the initial FTR bulletin with the relocation MEA lump sum
amount. Therefore, GSA estimates the total estimated cost for this part
of the rule to be $772 (= 8 x $96.45 GS-14 step 5 rate x 1 hour).
GSA estimates it will take 1 GSA employee on average, with a GS-15
step 5 with an average hourly rate of $113.46/hour, 1 hour in year 1 to
review the initial FTR bulletin with the relocation MEA lump sum
amount. Therefore, GSA estimates the total estimated cost for this part
of the rule to be $113 (= 1 x $113.46 GS-15 step 5 rate x 1 hour).
GSA estimates it will take 1 GSA General Counsel staff on average,
with a SES Level 3 with an average hourly rate of $142.59/hour, 1 hour
in year 1 to review the initial FTR bulletin with the relocation MEA
lump sum amount. Therefore, GSA estimates the total estimated cost for
this part of the rule to be $143 (= 1 x $42.59 SES Level 3 rate x 1
hour).
Therefore, GSA estimates the total estimated cost for this part of
the rule to be $1,027 for the initial FTR bulletin and each additional
year a FTR bulletin is issued for new lump sum amounts ($1,027 x 10
years = $10,270).
A relocation MEA is a mandatory relocation entitlement to those
current employees that transfer from one official duty station to
another. Agencies are advised that the relocation MEA lump sum amounts
are expected to increase since they were last updated in 2011.
Therefore, after publication of the final rule, GSA will publish a FTR
bulletin to change the relocation MEA lump sum amounts, with projected
increases, from $650 to $750 for an employee without immediate family
members relocating with them and from $1,300 to $1,500 for an employee
with immediate family members relocating with them.
GSA requires Federal agencies to track general relocation data
regarding entitlements but not the specific data regarding types of
expenses authorized within the relocation entitlement category. GSA
used data from the Business Travel and Relocation Dashboard, which only
accounts for the overall MEA claims and does not differentiate between
the types of MEA or if MEA is authorized for a single employee or an
employee with family members, to calculate average annual relocation
MEA costs per claim across Federal agencies from fiscal year 2018 to
fiscal year 2022.
GSA calculates the average relocation MEA lump sum amount between
the employees without immediate family members and employees with
immediate family members amounts to be $1,125 (= $750 + $1,500/2).
GSA assumes the average relocation MEA lump sum amount across
Federal agencies will increase to $1,125. GSA multiplied the difference
between $1,125 and the average annual relocation MEA cost per claim for
those Federal agencies with an average annual MEA cost per claim less
than $1,125 by the number of average annual MEA claims for the
respective Federal agency.
Therefore, assuming the number of relocation transfers entitled to
MEA on average will stay consistent, with the current overall agency
average at less than the current rate of $1,300, and an increase in the
MEA lump sum rate, for years 1 through 10, GSA estimates the total
overall increase in associated transfer payments to be $312,973 each
year for years 1 through 10 ($312,973 x 10 years = $3,129,730).
1. Government Savings
GSA estimated the total cost it will no longer be required to take
to issue a FTR proposed rule and final rule with new relocation MEA
lump sum amount, based on the number of GSA full time employees (FTEs),
the average hourly rate for each grade level, and the number of hours
to draft the FTR proposed and final rule by program managers, hours
reviewed by General Counsel, and hours to review and approve by senior
management.
GSA estimates it will no longer take 3 GSA employees on average,
with a GS-14 step 5 with an average hourly rate of $96.45/hour, 8 hours
each in year 1 to draft a proposed rule for relocation MEA lump sum
changes. Therefore, GSA estimates the total estimated cost savings for
this part of the rule to be $2,315 (= 3 x $96.45 GS-14 step 5 rate x 8
hours).
GSA estimates it will no longer take 3 GSA employees on average,
with a GS-15 step 5 with an average hourly rate of $113.46/hour, 8
hours each in year 1 to review a proposed rule for relocation MEA lump
sum changes. Therefore, GSA estimates the total estimated cost savings
for this part of the rule to be $2,723 (= 3 x $113.46 GS-15 step 5 rate
x 8 hours).
GSA estimates it will no longer take 4 GSA General Counsel staff on
average, with a SES Level 3 with an average hourly rate of $142.59/
hour, 8 hours each in year 1 to review a proposed rule for relocation
MEA lump sum changes. Therefore, GSA estimates the total estimated cost
savings for this part of the rule to be $4,563 (= 4 x $142.59 SES Level
3 rate x 8 hours).
These estimated costs do not account for other agencies who review
the rules prior to publication in the Federal Register. Therefore, GSA
estimates the total estimated cost savings for this part of the rule by
not issuing a proposed and final rule to increase the relocation MEA
lump sum amounts to be $8,572.
[[Page 4270]]
1. Total Government Net Impact
The total undiscounted estimated Government costs of drafting a FTR
bulletin and eliminating drafting a proposed and final rule is $1,698
over a 10-year period. The total undiscounted estimated associated
transfer payments, assuming the number of relocation transfers entitled
to MEA on average will stay consistent, the current overall agency
average is less than the current rate of $1,300, and the increase in
the MEA lump sum rate, is $3,129,730 over a 10-year period. The total
present value estimated Government costs calculated for a 10-year time
horizon at 3 percent is $438 and at 7 percent is -$798. The total
discounted estimated associated transfer payments calculated for a 10-
year horizon at 3 percent is $2,328,813 and at 7 percent is $1,590,996.
II. Executive Orders 12866, and 13563, and 14904
Executive Orders (E.O.s) 12866 (Regulatory Planning and Review)
directs agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and
reaffirms the principles, structures, and definitions governing
contemporary regulatory review established in E.O. 12866 and E.O.
13563. OIRA has determined this is a significant regulatory action and,
therefore, was subject to review under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated September 30, 1993.
III. Regulatory Flexibility Act
GSA does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because it applies only to Federal agencies and employees. Therefore,
an Initial Regulatory Flexibility Analysis was not performed.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 302-16
Government employees, Travel and Transportation expenses.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
0
For reasons set forth in the preamble, GSA proposes to revise 41 CFR
part 302-16 as set forth below:
PART 302-16--ALLOWANCE FOR MISCELLANEOUS EXPENSES
Subpart A--General Rules
Sec.
302-16.1 What is the purpose of the miscellaneous expenses allowance
(MEA)?
302-16.2 Who is and who is not eligible for a MEA?
302-16.3 Must my agency authorize payment of a MEA?
302-16.4 How will I receive the MEA?
302-16.5 May I receive an advance of funds for MEA?
302-16.6 What amount may my agency reimburse me for miscellaneous
expenses?
302-16.7 May I claim an amount in excess of that prescribed in this
part?
302-16.8 What are examples of types of costs covered by the MEA?
302-16.9 What are examples of types of cost not covered by the MEA?
302-16.10 What standard of care must I use in incurring
miscellaneous expenses?
Subpart B--Agency Responsibilities
302-16.100 What governing policies must we establish for MEA?
302-16.101 How should we administer the authorization and payment of
miscellaneous expenses?
302-16.102 Are there any restrictions to the types of costs we may
cover?
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Subpart A--General Rules
Note to subpart A: Use of pronouns ``I,'' ``you,'' and their
variants throughout this subpart refers to the employee, unless
otherwise noted.
Sec. 302-16.1 What is the purpose of the miscellaneous expenses
allowance (MEA)?
The miscellaneous expenses allowance (MEA) is intended to help
defray various costs incurred due to relocation, assignment to a
temporary official station (TCS), and return to the previous official
station upon completion of a TCS assignment.
Sec. 302-16.2 Who is and who is not eligible for a MEA?
(a) You are eligible for a MEA if:
(1) Your agency authorized or approved a transfer or a TCS;
(2) You discontinued and established a residence in connection with
your transfer or TCS;
(3) You meet the applicable eligibility conditions in part 302-1 of
this chapter; and
(4) You signed a required service agreement in part 302-2 of this
chapter, if transferred.
(b) You are not eligible for a MEA if you are:
(1) A new appointee;
(2) A Senior Executive Service (SES) employee authorized ``last
move home'' benefits upon separation from Government service;
(3) Assigned under the Government Employees Training Act (5 U.S.C.
4109);
(4) Returning from an OCONUS official station to place of actual
residence for separation from Government service; or
(5) Returning from an OCONUS official station to a new CONUS
official station if relocation expenses have not been authorized to the
new CONUS official station.
Sec. 302-16.3 Must my agency authorize payment of a MEA?
Yes, if you meet the applicable eligibility conditions in Sec.
302-16.2, your agency must authorize payment of a MEA.
Sec. 302-16.4 How will I receive the MEA?
You will be reimbursed your MEA in accordance with your agency's
internal relocation policy.
Sec. 302-16.5 May I receive an advance of funds for MEA?
No, your agency may not authorize an advance of funds for MEA. MEA
may be paid after you have transferred to the new official station,
upon assignment to your TCS, or upon completion of your TCS and return
to your previous official station, as applicable.
Sec. 302-16.6 What amount may my agency reimburse me for
miscellaneous expenses?
The following amounts will be paid for miscellaneous expenses
without support or documentation of expenses:
(a) Either a lump sum amount set in an FTR bulletin or the
equivalent of one week's basic gross pay, whichever is the lesser
amount, if you have no immediate family relocating with you; or
(b) Either a lump sum amount set in an FTR bulletin or the
equivalent of two weeks' basic gross pay, whichever is the lesser
amount, if you have immediate family relocating with you.
[[Page 4271]]
Note 1 to Sec. 302-16.6: GSA publishes the lump sum amounts in
an FTR bulletin on an intermittent basis at https://gsa.gov/ftrbulletins.
Sec. 302-16.7 May I claim an amount in excess of that prescribed in
this part?
Yes, you may claim an amount in excess of that prescribed in Sec.
302-16.6 if authorized by your agency; and
(a) Supported by acceptable statements of fact, paid bills or other
acceptable evidence (documentation) justifying the amounts claimed; and
(b) The aggregate amount does not exceed your basic gross pay (at
the time you reported for duty, at your new official station) for:
(1) One week if you are relocating without an immediate family; or
(2) Two weeks if you are relocating with an immediate family.
(c) The amount authorized cannot exceed the maximum rate of grade
GS-13, Step 10 General Schedule (base) salary (excluding locality pay)
(see 5 U.S.C. 5332) at the time you reported for duty at your new
official station.
Sec. 302-16.8 What are examples of types of costs covered by the MEA?
Miscellaneous expenses are costs associated with relocating that
are not covered by other relocation benefits detailed in chapter 302.
Expenses allowable include but are not limited to the following, and
similar, items:
(a) Fees for disconnecting and connecting utilities (such as gas,
water, electricity), appliances, equipment (such as a security system
or electric vehicle charging station), or conversion of appliances for
operation on available utilities;
(b) Fees for cutting and fitting rugs, draperies, and curtains when
they are moved from one residence to another;
(c) Deposits or fees for utilities not offset by eventual refunds;
(d) Losses that cannot be recovered by transfer or refund and are
incurred due to early termination of a contract (e.g., medical, dental,
private institutional care for immediate family members with
disabilities, nonrefundable education enrollment fee, real estate
expenses connected with the cancellation of a contract when the agency
prevented the employee from completing a purchase of a residence due to
a new transfer);
(e) Automobile registration, driver's license, and use taxes
imposed when initially bringing privately-owned vehicles (POVs) into
certain jurisdictions;
(f) Reinstalling or removing automobile parts upon vehicle reentry
into the United States or entry into a foreign country, when removal or
installation of those automobile parts was required by host country
law;
(g) Post office box rental fee when rented to provide a constant
mailing address between the time an employee departs the old residence
and occupies a residence at the new official station;
(h) Rental agent fees customarily charged for securing housing in
foreign countries;
(i) Reassembly, set up, and tuning of a piano moved for relocation;
(j) Pet care (for cats and dogs only), child care, or adult care
for dependent parents or other adult dependents incapable of self-care
at home while the employee or spouse are away on a househunting trip,
or are packing or unpacking;
(k) Rental car fees while awaiting a delayed POV shipment to or
from OCONUS if the transportation service provider (TSP) has not
arranged for the employee's use of a rental car at TSP expense.
Reimbursement may be authorized starting after the shipping company
designated delivery date, shall not exceed 10 days, and does not
include the days after the POV is delivered or a new POV is purchased
at location. The rental car for the employee and immediate family
members must be the same or comparable size or model as the POV the
employee shipped;
(l) Transportation and quarantine of pets (cats and dogs only).
Costs normally associated with the transportation, quarantine fees, and
handling of dogs and cats. This includes pet-related costs due to air
carrier rules or imposed by the law of the jurisdiction of the
employee's new residence as an integral part of the process of
admissions and licensing;
(m) Professional relicensing fees required by the new official
station that are directly related to the employee's occupation, such as
fees required to take the bar exam or teaching certification; and
professional relicensing fees or business costs (including exam,
continuing education courses, business license, permit, and
registration fees) that are directly related to the immediate family
member's occupation, when the immediate family member was licensed or
certified in a profession, or owned a business, at the employee's
previous official station and is required to secure or maintain a new
professional license or certification, or business license or permit,
to engage in that profession in a new jurisdiction because of unique
licensing or certification requirements and authorities; or
(n) Specialized shipment of hazardous materials, such as lithium
batteries, when Federal, state, local, and foreign country laws or
carrier regulations prohibit commercial shipment of certain articles
not included as part of household goods, which cannot be otherwise
transported to the new official station because of shipping and
transportation restrictions.
Sec. 302-16.9 What are examples of types of costs not covered by the
MEA?
Examples of costs that are not reimbursable from the MEA are:
(a) Losses in selling or buying real and personal property and
costs related to such transactions;
(b) Cost of additional insurance on household goods while in
transit to the new official station or cost of loss or damage to such
property;
(c) Additional costs of moving household goods caused by exceeding
the maximum weight limitation;
(d) Costs of newly acquired items, such as the purchase or
installation cost of new rugs or draperies;
(e) Higher income, real estate, sales, or other taxes as the result
of establishing residence in the new locality;
(f) Fines imposed for traffic infractions while en route to the new
official station locality;
(g) Accident insurance premiums or liability costs incurred in
connection with travel to the new official station locality, or any
other liability imposed upon the employee for uninsured damages caused
by accidents for which the employee or their immediate family is held
responsible;
(h) Losses as the result of sale or disposal of items of personal
property (such as lithium batteries, gasoline, and natural gas) not
considered convenient or practicable to move;
(i) Damage or loss of clothing, luggage, or other personal effects
while traveling to the new official station locality;
(j) Subsistence, transportation, or mileage expenses in excess of
the amounts reimbursed as per diem or other allowances under this
regulation;
(k) Medical expenses due to illness or injuries while en route to
the new official station or while living in temporary quarters at
Government expense under the provisions of this chapter;
(l) Costs incurred in conjunction with structural alterations (such
as remodeling or modernizing of living quarters, garages or other
buildings to accommodate privately-owned automobiles, appliances or
equipment [e.g., a security system or electric vehicle charging
station]); or replacing or repairing worn-out or defective appliances,
or equipment shipped to the new location;
(m) Costs incurred in connection with preparing a residence for
sale or
[[Page 4272]]
purchase (e.g., maintenance, repairs, cleaning);
(n) Delivery charges or costs associated with newly-acquired items
(such as appliances, security systems, locksmith service, or new
vehicle) at the new official station for reasons of personal taste or
preference and not required because of the relocation;
(o) Costs unrelated to the quarantine, transportation, and handling
of pets. Additional costs for lodging for a second room or boarding
fees, micro-chipping, veterinary expenses (e.g., inoculations,
examinations, medical care and certification fees), routine care and
grooming of pets, and purchases of crates and tags for the pets.
Expenses for other animals (horses, fish, birds, reptiles, rodents,
etc.) are not authorized because of their size, exotic nature,
restrictions on shipping, host country restrictions, and special
handling difficulties; or
(p) Costs related to obtaining a visa, passport, immigration green
card, birth certificate or other acceptable evidence of birth when
required for official travel to foreign locations; charges for
immunization, inoculations, other disease-preventative medical
prophylaxis, including disease testing, that are required for official
travel if not obtained through the agency. The expenses in this
paragraph may be reimbursable as part of the employee's relocation en
route travel miscellaneous expenses as specified in Sec. 301-12.1 of
this chapter.
Sec. 302-16.10 What standard of care must I use in incurring
miscellaneous expenses?
You must exercise the same care in incurring expenses that a
prudent person would exercise if relocating at personal expense.
Subpart B--Agency Responsibilities
Note to subpart B: Use of pronouns ``we,'' ``you,'' and their
variants throughout this subpart refers to the agency.
Sec. 302-16.100 What governing policies must we establish for MEA?
For MEAs, you must establish policies and procedures governing:
(a) Who will determine whether payment for an amount in excess of
the lump sum MEA is appropriate; and
(b) How you will pay a MEA in accordance with Sec. Sec. 302-16.2
and 302-16.3.
Sec. 302-16.101 How should we administer the authorization and
payment of miscellaneous expenses?
You should limit payment of miscellaneous expenses to only those
expenses that are necessary.
Sec. 302-16.102 Are there any restrictions to the types of costs we
may cover?
Yes, a MEA cannot be used to reimburse:
(a) Costs or expenses incurred which exceed maximums provided by
statute or in this subtitle;
(b) Costs or expenses incurred but which are disallowed elsewhere
in this subtitle;
(c) Costs reimbursed under other provisions of law or regulations;
(d) Costs or expenses incurred for reasons of personal taste or
preference and not required because of the move;
(e) Losses covered by insurance;
(f) Fines or other penalties imposed upon the employee or members
of their immediate family;
(g) Judgments, court costs, and similar expenses growing out of
civil actions; or
(h) Any other expenses brought about by circumstances, factors, or
actions in which the move to a new official station was not the
proximate cause.
[FR Doc. 2024-01214 Filed 1-22-24; 8:45 am]
BILLING CODE 6820-14-P
