Docket No. 2024-0001; Sequence No. 2] Submission for OMB Review; Actual Place of Residence Determination (GSA Form 5047), 35097-35105 [2024-09429]
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
carrier, as defined in 46 U.S.C. 40102(7)
and (18).
Complainant is a corporation with a
place of business in Gardena, California
that operates as a licensed motor carrier.
Complainant identifies Respondent as
a corporation organized under the laws
of France with a corporate headquarters
in Marseille, France who does business
in the United States through CMA CGM
(America) LLC, with its principal place
of business in Norfolk, Virginia.
Complainant alleges that Respondent
violated 46 U.S.C. 41102(c), 41104(a)(3)
and 41104(a)(8). Complainant alleges
these violations arose from acts or
omissions of the Respondent that
rendered Complainant unable to return
empty containers within the allowable
free time, including the imposition of
dual transaction restrictions and return
limits, and the unavailability of
appointments. Complainant also alleges
these violations caused various damages
to the Complainant, including detention
charges, chassis charges, storage costs,
stop off charges, and re-delivery
charges.
An answer to the complaint must be
filed with the Commission within 25
days after the date of service.
The full text of the complaint can be
found in the Commission’s electronic
Reading Room at https://www2.fmc.gov/
readingroom/proceeding/24-18/. This
proceeding has been assigned to the
Office of Administrative Law Judges.
The initial decision of the presiding
judge shall be issued by April 28, 2025,
and the final decision of the
Commission shall be issued by
November 11, 2025.
David Eng,
Secretary.
[FR Doc. 2024–09416 Filed 4–30–24; 8:45 am]
BILLING CODE 6730–02–P
GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–XXXX)
Docket No. 2024–0001; Sequence No.
2] Submission for OMB Review; Actual
Place of Residence Determination
(GSA Form 5047)
Office of Human Resource
Management, Division of Human
Capital Policy and Programs, General
Services Administration (GSA).
ACTION: Notice of request for comments
regarding a request for a new OMB
clearance.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division will be
SUMMARY:
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submitting to the Office of Management
and Budget (OMB) a request to review
and approve a new information
collection requirement.
DATES: Submit comments on or before
May 31, 2024.
ADDRESSES: Written comments and
recommendations for this information
collection should be sent within 30 days
of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Colin C. Bennett, Human Resources
Specialist, Office of Human Resources
Management, Division of Human
Capital Policy and Programs, at
telephone 240–418–6822 or via email to
colin.bennett@gsa.gov for clarification of
content.
SUPPLEMENTARY INFORMATION:
A. Purpose
The General Services Administration
(GSA) routinely hires, reassigns,
promotes and transfers Federal
employees to duty stations in foreign
areas (i.e., locations outside of the
United States, its territories and
possessions). For this staffing activity,
GSA pays for the cost of relocation,
known as ‘‘permanent change of
station’’ relocation benefits (see further
5 U.S.C. 5722(a) and 5724(d)).
Relocation benefits include the cost of
travel and transportation, as well as the
cost of shipment of household goods to
a new post outside of the Continental
United States. In addition, most
overseas employees are eligible for
‘‘renewal agreement travel,’’ a travel
reimbursement authority that allows
agency to leverage funds to pay for
periodic travel back to the United States
between overseas tours of duty for paid
time off, known as ‘‘home leave’’ (see
further, 5 U.S.C. 5728(a) and 5 U.S.C.
6305(a)).
For an agency to calculate the costs of
relocation as well as renewal agreement
travel, both federal travel laws require
that the employee (or appointee)
designate an ‘‘actual place of
residence.’’ When such residence
cannot be easily determined by the job
candidate, the agency must instead
make an administrative residency
determination on behalf of the
employee. The new GSA Form 5047
will help agency representatives (i.e.,
human resources specialists) make a
determination of the actual place of
residence based upon documents and
input provided by the job candidates,
considered members of the public.
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35097
Typically, agencies use the definition
of ‘‘residence’’ from the Immigration
and Naturalization Act of 1952, codified
at 5 U.S.C. 1101(33), which defines
‘‘residence’’ as a ‘‘place of general
abode’’ or the ‘‘principal, actual
dwelling place in fact, without regard to
intent.’’ While for most employees (or
appointees) the determination of an
actual place of residence in the U.S. is
typically straightforward, residency may
be unclear if the appointee is already
overseas and has been overseas for a
long period of time. Long-term posts
overseas are often characterized by the
lease (or even sale) of the employee’s
primary U.S. dwelling, changes in the
declared U.S. voting registration
location, and/or changes in the state and
local income or property tax
jurisdictions.
To more effectively administer
permanent change of station relocation
as well as renewal agreement travel, the
General Services Administration (GSA)
has created a new agency form, GSA
Form 5047, Actual Place of Residence
Determination. This form will allow
employees, job candidates, and the
agency’s human resources specialists, to
more easily determine the actual place
of residence by working through a series
of guided questions on the form’s
worksheet. Following completion of the
form’s worksheet, the employee,
candidate, and human resources
specialist can summarize the
determination on the form’s front cover
sheet.
The questions on the worksheet
portion of the form are drawn from
governing administrative law
authorities, primary Comptroller
General decisions such as: Rafael
Arroyo, decision B–197205 (May 16,
1980), decision B–157548 (Sept. 13,
1965), 45 Comp. Gen. 136, and decision
B–140748 (Oct. 29, 1959), 39 Comp.
Gen. 337. Under these administrative
law authorities, the place of actual
residence is established at the time of
appointment or transfer (see also
decision B–136029, June 24, 1958, 37
Comp. Gen. 846). Use of this form is
therefore recommended for all overseas
appointments, transfers or
reassignments and, in particular, those
personnel selections of job candidates
via agency transfer employed by a
different U.S. Government agency and
already present overseas.
Use of this form will allow GSA to
comply with the Federal Travel
Regulations, which require the
administrative determination and
documentation of the actual place of
residence for all overseas appointments
or placements (see further 41 CFR 302–
3.509). In addition, this form will also
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
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allow the agency to leverage the renewal
agreement travel authority (i.e., the
Home Leave Act of 1954, 68 Stat. 1008)
only when appropriate and not in the
rare cases of local foreign hires who
have severed all jurisdictional nexuses
with the U.S.
Significantly, this residency
determination form can also be used to
determine eligibility for the following
other overseas allowance and benefit
authorities: (a) the 45-day annual leave
accrual authority (5 U.S.C. 6304(b)), (b)
home leave (5 U.S.C. 6305(a)) and (c)
living quarters allowance (5 U.S.C.
5923(a)(2)). Under each of these
authorities, local hires who currently
live in foreign areas are excluded from
benefits eligibility unless they can
demonstrate that foreign residence is
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temporary, is only pursuant to
continuous employment overseas with
the U.S. Government (or other U.S.
interest), and finally, there exists a
contractual transportation agreement
that provides for the eventual return of
the job candidate to a specificallyidentified place of actual residence
within the U.S.
B. Annual Reporting Burden
Respondents: 25 per year.
Responses per Respondent: 1.
Total Annual Responses: 25.
Hours per Response: 1.
Total Burden Hours: 25.
C. Public Comments
A 60-day notice was published in the
Federal Register at 89 FR 13341 on
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February 22, 2024. No comments were
received.
Obtaining copies of proposals: We
have provided a copy of the proposed
draft GSA Form 5047 at the end of this
notice below the signature block. A
copy of the proposed draft form can
alternatively be obtained through GSA’s
Regulatory Secretariat Division by
calling (202) 501–4755 or emailing
GSARegSec@gsa.gov. Please cite OMB
Control No. 3090–XXXX, Actual Place
of Residency Determination (GSA Form
5047), in all correspondence.
Lois Mandell,
Director, Regulatory Secretariat Division,
General Services Administration.
BILLING CODE 6820–FM–P
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
35099
GSA Form 5047
ACTUAL PLACE OF RESIDENCE DETERMINATION
SECTION A ·COVER.SHEET
Name of Candidate
First
BACKGROUND. An employee's "actual place of residence in the U.~;;!f~~ determined by an
appointing agency, is a statutory requirement that determ.ines eligibili~y'Jqr "permanent change
of station" (PCS) relocation costs (5 U.S.C, .§§ 5722 arid 5724(d)J.yhcltr;*tt~ Administrative
Expenses Act of 1946 and home leave travel cost reimbursement(also kn~l/VD as "renewal
agreement travel," 5 U.S.C. § 572$) under the Home Leave,Agt of 1954.
i? '··
Note: This residency determination form can also be 1:,1~,,;f determine eligibi;;~'1f~}:: {a) the
45-day annual leave acer.ual authority (5 u.s.c. § 630:#(b)), from.Jae.Annual and Sick Leave
Act of 1951, (b) home leave (5 U.$.C. § 6305{a)) ancf1.{'¢)Hving:tjijahers allowance (5 u.s.c. §
5923(a)(2)), both from.the Overseas Allowances Act oft~~Q;\i>
Under GSA Order 5730.10 usually the "a9t~:~:!,,p!ace of resid~il~'li(,is the principal, actual
dwelling place iii fact, Without regard to int~lit;iaftl!ieJime of si:!l~~ipnfor appointment or
transfer. (See 8 U.S.C. § 1101 (a)(33)). Tol$::r,µle is:1u~~g;;f9r,i:::andicfates who are selected
"''
while residing Within the U.S.
For candidates residing inJij,:iJ\$::.at the ~\~~t~;':ppoint:ent or fransfer,the actual
place of residence is [V\l!),rktheef Npt Requir~l;IJ:
City ~ ~ / ~ l t r e v i a t k > n )
,/,/,<:',.','.J:/ ':'\,,,,
\,,;,,\\\t:\,,,,
For Depar:roe1r'it''~f;D~Ytpse rl~ij~j~ates residing in a foreign area at the time of
selectiqrfbY transfer, th~t~ctual 1p1,ce of residence determination is made as follows:.
For e~,i~'.y!:les selected fr~~:the D~~artment of Defense, use the ''Actual Residence at Time
of Appointri:j~nt," Line ltem:p.; of DoD Form 1617, Transfer of Civilian Employees Outside of
CONUS. Urid~t~SAlong~~nding travel policy (i.e., former 41 C.F:R. § 302-1.12(c)(3)(iii),
1997 edition) thl~q~.,cc;1n~i8ered a continuous designation unless this designation was in error
or later circ:umstan~~;entitle a. different determination. The residence listed on the DoD Form
1617 is [WorksheefNot Required]:
City
State (Postal Abbreviation)
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GSA Form 5047 (02/XX/2024) Page 1
35100
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
When Worksheet Required:
For tandidates fronrooo residing in a foreign area atthe time ohelection by transfer,
wh1J do ml have t~ DoD Fo'!" 1$17 available, aliwellali <;andichltes ftomother ~~ral
agehcies (e;g., Commerce ~artrtieht, state Department, USAID), GSAmust make ah
administrative determination of the actual place of residence,. Us.e this form's
Yt/Ol"ksheetto determinethe'mosfappropriateactual pla~of res id~.
The ~neraJly r~<>gni2!ect te'l:lt ~rfhe "aemafpl~ce of reskten,ce''J~sf
agencies is ba$ed u]®h the Comptroller General Opinions, Rlfiel A
1980;.&;157548, 45/Comp; Gen.13&(1965hand B-140748\39
Thel:le adminlsfl"atiye law detjsions require ttie employing offi
transfet,to deteiffiine (and then docut:nent) the'.''actual place o.
the fOlle>vving aitegoriel:lof evidence:
•
.•. ••. 9th~(.
.•,Mayt6;
1959).·
intmentor
Jderation of
(1)F'hysical residence (Le., actual dwelling place of
§ t101(a)(33)) dilic:ussed al;)ove)at theJ~ of sel
(2JResidence provided in agency. records;
(~) ~esiclel'ICe aCQof<i!ng .to employment history;
(4)1ndMdU.aI·orfamily association with an area;
(5) Exercising the. pri\iileges ahd duties
orpre>pe~ta~e1>rand
(6) Place of birth, educ:ation,and mam\a:
Based 6n evaluat10ttofaffffie
OftheWOrksheet beloW,th
.
; and following completion
is:
•
•
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GSA· form 5047 (02/XX/2024) .Page 2
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
35101
SECTIONB
ACTUALiPI.ACEOF REStPENCE WORKSHEl;T
• Based on Rafael Arroyo; ComptronerGeheral decision EH97205>(t980).and other
administni.tiye lay., sour~s. Com,ider the prepo~era11ce of the evidence (from below) iflhere
are muitiple possible 1>lace$ of residence.
Name of Candidate
Cu
Aug!.tst24, t955i s,;. 12
Gen.270
City
Can this residence. be c»nsidertd ttmp
~verrtrnent <luties1 IfYes:; disreglird this·
Yes
No
ware thatthe appointee may not be
lit1nual leave accrual, ]1ome leave,
authorities all require eurrent
•
nee only temporarily, pursuant only to
ment, and supported .~ a do~umented transportation
that stipulates eventual return transportation tQ an
130
ttte (J.$. \IVhU~ 8'-t.22796) November 4, 1955, ~
e re¢iprocityto Job candidates appointed by transfer
Co
fro
cireurnstances, such apJ)Ointees are instead foreign utocal"
• nt juri$dictionat C()Onectionstothe Unitecfstates and are
requireJMnts ofthose authorities (Le. oontinuou$ u.s,
rt to a documented transportation agreement), fn sltuat1011s
•rtation agreementV\/as known to exist, and has been
subse9uent1y1ost ·.·. notbe 1ocated1 the.Jobearidldate'sresome can be used instead to
supPOtt eantinuo1;1s er:npf()y~nt overseas i,y the U.S, Governmentand the trlln5PQl1:lition
agreement requirement cart be supported bfobtaihiQSJ a oopy oftheonginal relocation
pa~age used to sencl tl'!e je>b camfigate overs~as l:>y the losi11gagency under the
. Administrative ExpensliisAct <>f 1946.
Note; If the current foca
1;11igil:>le forfqreign all
N:)newat agreement
residents of foreign
ci:mtinuous U
agrel:irne
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GSA Form5041 (02IXX/2024J pages
35102
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
Res:idence Provided inAQEtncy RecQrds
(e.g:! Mailing Address forW-2 and Leave and Earnings. Statements)
•
8-125293, Octo~r 28, •195$, 35 Comp, Gen. 244
country
cu .s. or Foreign)
City
Histotical Residence While Employed
(i.e., r-eS!dene& quring the prior 5 years)
8-125293, October 28, 1$5, 35Comp:, Gen. 244
Country(U.S. or foreign)
Fam
8-140748, 39Comp. Ge
Does your familY(e,g.,
historical oraffi'nity conn
Where you plan te> retire
Yes
No
mnotsure
past In u.s. elections, eitherin per:soti, or by mail (e.g'.;
historically has been your voting jurisdiction?
2.
3.
Do you'.currenHy pay lJ.$, Income t.tx?Yes
4. [)o you Ct.Jrrently pay· l).!t State and/or local Income tai?Yes .... No
5. If yo.u currently pay u :s. Sta~ tax and/ot local tax, What state and/or local Jurisdictk:in?
State
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GSA Form 5041 (021XX1i0%4.l Page 4
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
35103
L<>cal Juris~iction (County, City, etc.)
6. Do you pa.y incQme tax to a foreign CQuntry? Yes
No
7. If you pay income tax .t<i·. a foreign ®unfry, What co.untry?
Long-standing connections through birth, where you spent your yo··
~econdary schooUng and/or c.t.1Hege), and/or marriage
S-157548, 45 CornJ). Gen.136 (1965)
Clo yc,U identify With a particular l,J ,$; S t a t e Or Ttlr1ritn1rv
connection, such as through birth, mamage anc:1101r-seciucat1c>n:7
Yes
No
If yes, What State or Terrltofy:
-:''i:~\'-f?•.,~
Inf;
[rlil
se
s pursuani'ittederallaw, in particular: 5 li.S,C. § 3301
service] and 5 U;S;C.§ 3302 {rules for the ®rnJ)etitive
also facilitates the correct benefits deterniinatlon deci~ions
I le~~i;'{s u.s.c. § 6304(b))~ h<)tne leave and related rertewal
0S(a) and SU .S.C .. § 5728(a)}, and permanent change of
station
4;a, .and 5724{d));. Disclosure of information related to the
candid
datory under these auth0riti$S so that the correct pay and
benefits ca
. appoirrtment; transfer; or reassignment to a_ foreign a.rea. •Use
of this informati
lied by Civil Service regulatiorts found Within 5 U.S.•C. Part 630 and
·ons under 41 C.F.R. Part 302. The information collected via this
the Federal Trave
form will only be us
ythe <3SAOffice of Human Resources Management and the
eh'lployee's new supervisor undetthe provisions of5 U;S.C. § 552a(b)(3) [routine use]. Such
inf<>rmati<>n is· not releiasablt:1Jo the.public due to 5. U.S.C .. §552(b){6) and will bt:1stort:1d ..
Within the Office. of Pe1'$onnel ~nagemenfs Electronic Personnel Folder(eOPF) applica~on,
under System of Record Notice (SORN) "OPM/GOVT~1" at 77 FR 73694 (Decembe(11,
2012). An employee's failure to provide the information requested on this formmay lead to the
etrotieous payment of compensation and benefits, or the non•payrnent of eligible •
•
®rnpensation and benefits,
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35104
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
Instructions for Human Resources,Qffices
1. Interview the eanciidate and collect ti'!$. 0(10 Form 1611 (If applicable):and demographic
infotmattort
2; .Completethe Section BWol'ksheet (ifneeessafy),
3.: Based upon the totality of.the evidence collected arid allavallabfe facts (B-157548} Sept.
13; 1965,45 Comp. Gen. 136), document v.ia the W:>:rksbeet and complete the Co.vet
Sheet The place constituting the actual place of residence must b$ determined upon the
facts and circumstances of each individual case (8-42:4663; Aug
, 1955, 35 Col'!'lp.
Gen. 101 and September 21, 1955; B-124492).
4; Sign ancf date both tl)eSecti1>n BWorksheet (if appli98!)le)
Shlllet
5: Su!)roittothe Off~ <>f tfl&'.¢h~ l=il'lancial Officer(
for use in ttieir!'.fetermlnatlon r:ind inoluswn witl'lln
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GSA Form 5047 (021XX12024) Page 6
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
[FR Doc. 2024–09429 Filed 4–30–24; 8:45 am]
BILLING CODE 6820–FM–C
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–3451–FN]
Medicare and Medicaid Programs:
Application From the Joint
Commission for Initial CMS-Approval
of Its Rural Health Clinic (RHC)
Accreditation Program
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final notice.
AGENCY:
This final notice announces
our decision to approve The Joint
Commission (TJC) for initial recognition
as a national accrediting organization
(AO) for rural health clinics (RHCs) that
wish to participate in the Medicare or
Medicaid programs.
DATES: The decision announced in this
notice is applicable June 1, 2024, to June
1, 2028.
FOR FURTHER INFORMATION CONTACT:
Caecilia Andrews (410) 786–2190.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services in a rural health clinic (RHC)
provided certain requirements are met
by the RHC. Sections 1861(aa)(1) and (2)
and 1905(l)(1) of the Social Security Act
(the Act), establish distinct criteria for
facilities seeking designation as an RHC.
Regulations concerning provider
agreements are at 42 CFR part 489 and
those pertaining to activities relating to
the survey and certification of facilities
are at 42 CFR part 488, subpart A. The
regulations at 42 CFR part 491, subpart
A, specify the conditions that an RHC
must meet to participate in the Medicare
program. The scope of covered services
and the conditions for Medicare
payment for RHCs are set forth at 42
CFR part 405, subpart X.
Generally, to enter into an agreement,
an RHC must first be certified by a State
survey agency as complying with the
conditions or requirements set forth in
part 491 of CMS regulations. Thereafter,
the RHC is subject to regular surveys by
a State survey agency to determine
whether it continues to meet these
requirements.
However, there is an alternative to
surveys by State survey agencies.
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Section 1865(a)(1) of the Act provides
that, if a provider entity demonstrates
through accreditation by an approved
national accrediting organization (AO)
that all applicable Medicare conditions
are met or exceeded, we will deem those
provider entities as having met the
requirements. Accreditation by an AO is
voluntary and is not required for
Medicare participation.
If an AO is recognized by the
Secretary of Health and Human Services
as having standards for accreditation
that meet or exceed Medicare
requirements, any provider entity
accredited by the national accrediting
body’s approved program would be
deemed to meet the Medicare
conditions. A national AO applying for
CMS approval of their accreditation
program under 42 CFR part 488, subpart
A must provide CMS with reasonable
assurance that the AO requires the
accredited provider entities to meet
requirements that are at least as
stringent as the Medicare conditions.
Our regulations concerning the approval
of AOs are set forth at § 488.5.
The Joint Commission (TJC) has
requested initial approval by CMS for its
RHC program. CMS has reviewed TJC’s
application as described later in this
rule and is hereby announcing TJC’s
initial term of approval for a period of
four years.
II. Approval of Deeming Organization
Section 1865(a)(2) of the Act and our
regulations at § 488.5 require that our
findings concerning review and
approval of a national accrediting
organization’s requirements consider,
among other factors, the applying
accrediting organization’s requirements
for accreditation; survey procedures;
resources for conducting required
surveys; capacity to furnish information
for use in enforcement activities;
monitoring procedures for provider
entities found not in compliance with
the conditions or requirements; and
ability to provide us with the necessary
data for validation.
Section 1865(a)(3)(A) of the Act
further requires that we publish, within
60 days of receipt of an organization’s
complete application, a notice
identifying the national accrediting
body making the request, describing the
nature of the request, and providing at
least a 30-day public comment period.
We have 210 days from the receipt of a
complete application to publish notice
of approval or denial of the application.
III. Provisions of the Proposed Notice
On December 7, 2023, CMS published
a proposed notice in the Federal
Register (88 FR 85290), announcing
PO 00000
Frm 00073
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TJC’s request for initial approval of its
Medicare rural health clinic (RHC)
accreditation program. In that proposed
notice, we detailed our evaluation
criteria.
Under section 1865(a)(2) of the Act
and in our regulations at § 488.5 and
§ 488.8(h), we conducted a review of
TJC’s RHC application in accordance
with the criteria specified by our
regulations, which include, but are not
limited to, the following:
• An administrative review of TJC’s:
(1) corporate policies; (2) financial and
human resources available to
accomplish the proposed surveys; (3)
procedures for training, monitoring, and
evaluation of its RHC surveyors; (4)
ability to investigate and respond
appropriately to complaints against
accredited RHCs; and (5) survey review
and decision-making process for
accreditation.
• A review of TJC’s survey processes
to confirm that a provider or supplier,
under TJC’s RHC deeming accreditation
program, would meet or exceed the
Medicare program requirements.
• A documentation review of TJC’s
survey process to do the following:
++ Determine the composition of the
survey team, surveyor qualifications,
and TJC’s ability to provide continuing
surveyor training.
++ Compare TJC’s processes to those
we require of State survey agencies
(SA), including periodic resurvey and
the ability to investigate and respond
appropriately to complaints against TJCaccredited RHCs.
++ Evaluate TJC’s procedures for
monitoring an accredited RHC it has
found to be out of compliance with
TJC’s program requirements. (This
pertains only to monitoring procedures
when TJC identifies non-compliance. If
noncompliance is identified by a SA
through a validation survey, the SA
monitors corrections as specified at
§ 488.9(c)).
++ Assess TJC’s ability to report
deficiencies to the surveyed RHC and
respond to the RHC’s plan of correction
in a timely manner.
++ Establish TJC’s ability to provide
CMS with electronic data and reports
necessary for effective validation and
assessment of the organization’s survey
process.
++ Determine the adequacy of TJC’s
staff and other resources.
++ Confirm TJC’s ability to provide
adequate funding for performing
required surveys.
++ Confirm TJC’s policies with
respect to surveys being unannounced.
++ Confirm TJC’s policies and
procedures to avoid conflicts of interest,
including the appearance of conflicts of
E:\FR\FM\01MYN1.SGM
01MYN1
]]>Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35097-35105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09429]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-XXXX)
Docket No. 2024-0001; Sequence No. 2] Submission for OMB Review;
Actual Place of Residence Determination (GSA Form 5047)
AGENCY: Office of Human Resource Management, Division of Human Capital
Policy and Programs, General Services Administration (GSA).
ACTION: Notice of request for comments regarding a request for a new
OMB clearance.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division will be submitting to the Office of
Management and Budget (OMB) a request to review and approve a new
information collection requirement.
DATES: Submit comments on or before May 31, 2024.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Colin C. Bennett, Human Resources
Specialist, Office of Human Resources Management, Division of Human
Capital Policy and Programs, at telephone 240-418-6822 or via email to
[email protected] for clarification of content.
SUPPLEMENTARY INFORMATION:
A. Purpose
The General Services Administration (GSA) routinely hires,
reassigns, promotes and transfers Federal employees to duty stations in
foreign areas (i.e., locations outside of the United States, its
territories and possessions). For this staffing activity, GSA pays for
the cost of relocation, known as ``permanent change of station''
relocation benefits (see further 5 U.S.C. 5722(a) and 5724(d)).
Relocation benefits include the cost of travel and transportation, as
well as the cost of shipment of household goods to a new post outside
of the Continental United States. In addition, most overseas employees
are eligible for ``renewal agreement travel,'' a travel reimbursement
authority that allows agency to leverage funds to pay for periodic
travel back to the United States between overseas tours of duty for
paid time off, known as ``home leave'' (see further, 5 U.S.C. 5728(a)
and 5 U.S.C. 6305(a)).
For an agency to calculate the costs of relocation as well as
renewal agreement travel, both federal travel laws require that the
employee (or appointee) designate an ``actual place of residence.''
When such residence cannot be easily determined by the job candidate,
the agency must instead make an administrative residency determination
on behalf of the employee. The new GSA Form 5047 will help agency
representatives (i.e., human resources specialists) make a
determination of the actual place of residence based upon documents and
input provided by the job candidates, considered members of the public.
Typically, agencies use the definition of ``residence'' from the
Immigration and Naturalization Act of 1952, codified at 5 U.S.C.
1101(33), which defines ``residence'' as a ``place of general abode''
or the ``principal, actual dwelling place in fact, without regard to
intent.'' While for most employees (or appointees) the determination of
an actual place of residence in the U.S. is typically straightforward,
residency may be unclear if the appointee is already overseas and has
been overseas for a long period of time. Long-term posts overseas are
often characterized by the lease (or even sale) of the employee's
primary U.S. dwelling, changes in the declared U.S. voting registration
location, and/or changes in the state and local income or property tax
jurisdictions.
To more effectively administer permanent change of station
relocation as well as renewal agreement travel, the General Services
Administration (GSA) has created a new agency form, GSA Form 5047,
Actual Place of Residence Determination. This form will allow
employees, job candidates, and the agency's human resources
specialists, to more easily determine the actual place of residence by
working through a series of guided questions on the form's worksheet.
Following completion of the form's worksheet, the employee, candidate,
and human resources specialist can summarize the determination on the
form's front cover sheet.
The questions on the worksheet portion of the form are drawn from
governing administrative law authorities, primary Comptroller General
decisions such as: Rafael Arroyo, decision B-197205 (May 16, 1980),
decision B-157548 (Sept. 13, 1965), 45 Comp. Gen. 136, and decision B-
140748 (Oct. 29, 1959), 39 Comp. Gen. 337. Under these administrative
law authorities, the place of actual residence is established at the
time of appointment or transfer (see also decision B-136029, June 24,
1958, 37 Comp. Gen. 846). Use of this form is therefore recommended for
all overseas appointments, transfers or reassignments and, in
particular, those personnel selections of job candidates via agency
transfer employed by a different U.S. Government agency and already
present overseas.
Use of this form will allow GSA to comply with the Federal Travel
Regulations, which require the administrative determination and
documentation of the actual place of residence for all overseas
appointments or placements (see further 41 CFR 302-3.509). In addition,
this form will also
[[Page 35098]]
allow the agency to leverage the renewal agreement travel authority
(i.e., the Home Leave Act of 1954, 68 Stat. 1008) only when appropriate
and not in the rare cases of local foreign hires who have severed all
jurisdictional nexuses with the U.S.
Significantly, this residency determination form can also be used
to determine eligibility for the following other overseas allowance and
benefit authorities: (a) the 45-day annual leave accrual authority (5
U.S.C. 6304(b)), (b) home leave (5 U.S.C. 6305(a)) and (c) living
quarters allowance (5 U.S.C. 5923(a)(2)). Under each of these
authorities, local hires who currently live in foreign areas are
excluded from benefits eligibility unless they can demonstrate that
foreign residence is temporary, is only pursuant to continuous
employment overseas with the U.S. Government (or other U.S. interest),
and finally, there exists a contractual transportation agreement that
provides for the eventual return of the job candidate to a
specifically-identified place of actual residence within the U.S.
B. Annual Reporting Burden
Respondents: 25 per year.
Responses per Respondent: 1.
Total Annual Responses: 25.
Hours per Response: 1.
Total Burden Hours: 25.
C. Public Comments
A 60-day notice was published in the Federal Register at 89 FR
13341 on February 22, 2024. No comments were received.
Obtaining copies of proposals: We have provided a copy of the
proposed draft GSA Form 5047 at the end of this notice below the
signature block. A copy of the proposed draft form can alternatively be
obtained through GSA's Regulatory Secretariat Division by calling (202)
501-4755 or emailing [email protected]. Please cite OMB Control No.
3090-XXXX, Actual Place of Residency Determination (GSA Form 5047), in
all correspondence.
Lois Mandell,
Director, Regulatory Secretariat Division, General Services
Administration.
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[FR Doc. 2024-09429 Filed 4-30-24; 8:45 am]
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