Federal Travel Regulation; Removing References to Title and Narrative Format and Other Changes Addressing Relocation, 89501-89504 [2024-26241]
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Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations
Assistance Listing
§ 79.20
The Assistance Listing numbers and
titles for the programs affected by this
document are 64.056.
*
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
List of Subjects in 38 CFR Part 79
Administrative practice and
procedure; Grant programs-social
services; Grant programs-veterans;
Homeless; Legal services; Public
assistance programs; Reporting and
recordkeeping requirements; Veterans.
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on October 31, 2024, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the
preamble, the interim rule amending 38
CFR chapter 1, which was published at
87 FR 33025 (June 1, 2022), is adopted
as final with the following changes:
PART 79—LEGAL SERVICES FOR
HOMELESS VETERANS AND
VETERANS AT-RISK FOR
HOMELESSNESS GRANT PROGRAM
1. The general authority citation for
part 79 continues to read as follows:
■
[Amended]
2. Amend § 79.5 by removing the
definitions of ‘‘Direct Federal financial
assistance’’ and ‘‘Indirect Federal
financial assistance’’.
■
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§ 79.25 Application for legal services
grants.
*
*
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0905)
§ 79.75
[Amended]
6. Amend § 79.75 in the information
collection authority at the end of the
section by removing ‘‘2900–TBD’’ and
adding in its place ‘‘2900–0905’’.
■
■
7. Revise § 79.80 to read as follows:
§ 79.80
Faith-based organizations.
Organizations that are faith-based are
eligible, on the same basis as any other
organization, to participate in the Legal
Services for Homeless Veterans and
Veterans At-Risk for Homelessness
Grant Program under this part in
accordance with 38 CFR part 50.
8. Amend § 79.90 by revising the first
sentence of paragraph (d) to read as
follows:
■
Authority: 38 U.S.C. 501, 38 U.S.C. 2022A,
and as noted in specific sections.
§ 79.10
5. Amend § 79.25 by adding an
information collection authority to the
end of the section to read as follows:
■
Signing Authority
§ 79.5
Legal services.
*
*
*
*
(d) Legal services relating to criminal
defense, including defense and
resolution of, and assistance with,
matters symptomatic of homelessness,
such as outstanding warrants, fines,
driver’s license revocation, and
citations. To reduce recidivism and
facilitate the overcoming of reentry
obstacles in employment or housing,
covered legal services relating to
criminal defense also include legal
assistance with requests to expunge or
seal a criminal record.
*
*
*
*
*
(f) * * *
(6) Legal services relating to requests
for corrections to military records of a
former member of the Armed Forces
under 10 U.S.C. 1552.
§ 79.90 Financial management and
administrative costs.
*
*
*
*
*
(d) Costs for administration by a
grantee will be consistent with 2 CFR
part 200. * * *
[Amended]
3. Amend § 79.10 in paragraph (c) by
removing ‘‘26 U.S.C. 501(c)(3) or (19)’’
and adding in its place ‘‘26 U.S.C.
501(c)(3), (6), or (19)’’.
■ 4. Amend § 79.20 by revising
paragraph (d) and adding paragraph
(f)(6) to read as follows:
■
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§ 79.95
[Amended]
9. Amend § 79.95 in the information
collection authority at the end of the
section by removing ‘‘2900–TBD’’ and
adding in its place ‘‘2900–0905’’.
■
[FR Doc. 2024–25964 Filed 11–12–24; 8:45 am]
BILLING CODE 8320–01–P
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89501
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–2, 302–2, 302–3, and
302–15
[FTR Case 2023–01; Docket No. GSA–FTR–
2024–0009, Sequence No. 1]
RIN 3090–AK75
Federal Travel Regulation; Removing
References to Title and Narrative
Format and Other Changes Addressing
Relocation
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
The Federal Travel Regulation
(FTR) was originally written in title and
narrative format. The entire FTR has
since been re-written in question and
answer format to align with plain
language standards. This final rule
removes the remaining references to the
defunct title and narrative format,
clarifies the applicability of the FTR,
and clarifies multiple provisions
regarding relocation authorization and
allowances. Finally, the final rule makes
various editorial changes to better align
the regulatory question with its
corresponding answer.
DATES: Effective date: December 13,
2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Ed Davis, Program Analyst, Office of
Government-wide Policy, at 202–669–
1653 or travelpolicy@gsa.gov for
clarification of content. 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 2023–01.’’
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Consistent with Executive Order
12866, Regulatory Planning and Review,
and the June 1, 1998, Memorandum on
Plain Language in Government Writing,
and its implementing guidance, GSA
began rewriting the FTR in plain
language, which resulted in format
changes from title and narrative to
question and answer. On August 21,
2014, with FTR Amendment 2014–01
(79 FR 49640), GSA changed the last
remaining part of the FTR to question
and answer format. However, outdated
references to title and narrative format
in FTR part 300–2 still remain; this final
rule removes them.
This final rule also refines the answer
to the question ‘‘Who is subject to the
FTR,’’ clarifying that, as to executive
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Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations
agencies (as defined in 5 U.S.C. 105),
those agencies and civilian employees
of those executive agencies are subject
to the FTR. This does not include
uniformed military members, who are
subject to U.S.C., title 10, or employees
of other than an ‘‘executive agency’’ as
defined in 5 U.S.C. 105. This is merely
a clarification and does not change the
present understanding of who is subject
to the FTR.
This final rule moves the section on
relocation service agreements in FTR
part 302–3 to part 302–2, as the section
is a better fit under part 302–2. As a
result, § 302–3.500 was updated to
remove the limitation for agencies to
implement policies only as to part 302–
3 because paragraph (a) refers to one of
the regulations that was moved to part
302–2. The heading for § 302–3.500 was
also updated to add ‘‘authorization’’ in
addition to ‘‘payment’’ of relocation
payments as the section addresses both.
Also, additional discretionary items for
househunting and property management
services were added to § 302–3.101,
Table C, Column 2, to match the same
discretionary items noted in parts 302–
5 and 302–15. These additions are not
new discretionary allowances; they
were inadvertently left off the table
when FTR Amendment 2021–02 (86 FR
73678) was published. FTR § 302–15.10
is also amended to clarify the time
periods for which agencies may pay for
property management services; the FTR
now specifically addresses the time
period for those employees transferring
from a foreign area post to an official
station in the U.S. if other than the one
from which they were transferred for
their foreign tour of duty.
II. Discussion of the Final Rule
A. Summary of Significant Changes
There are no significant changes; a
summary of changes is included in the
Background section.
B. Analysis of Public Comments
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C. Expected Cost Impact to the Public
There is no cost impact expected as a
result of these changes.
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Executive Order (E.O.) 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)
amends section 3(f) of Executive Order
12866 and supplements and reaffirms
the principles, structures, and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. The Office of
Management and Budget’s Office of
Information and Regulatory Affairs
(OIRA), has determined that this rule is
not a significant regulatory action and,
therefore, it is not subject to review
under section 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is
not a ‘‘major rule’’ under 5 U.S.C.
804(2). Title II, Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a rule
may take effect, unless excepted, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. This rule is
excepted from CRA reporting
requirements prescribed under 5 U.S.C.
801 as it relates to agency management
or personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This rule addresses matters of agency
management or personnel and
consequently is exempt from the notice
and comment requirements of the
Administrative Procedure Act. As such,
notice and comment was not sought
prior to publication of this final rule.
VerDate Sep<11>2014
III. Executive Orders 12866, 13563, and
14094
This final rule will not 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. This
final rule is also exempt from the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because it applies
to agency management or personnel.
Therefore, an Initial Regulatory
Flexibility Analysis was not performed.
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VI. 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 Parts 300–2,
302–2, 302–3, and 302–15
Government employees, Relocation,
Travel and transportation expenses.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR parts
300–2, 302–2, 302–3, and 302–15 as
follows:
■ 1. Revise part 300–2 to read as
follows:
PART 300–2—HOW TO USE THE FTR
Sec.
300–2.1 How is the FTR formatted?
300–2.2 How are the rules in this part
expressed in the Q&A format?
300–2.3 Who is subject to the FTR?
300–2.4 How is the user addressed in the
FTR?
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738;
5 U.S.C. 5741–5742; 20 U.S.C. 905(a); 31
U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C.
40118; E.O. 11609, 3 CFR, 1971–1975 Comp.,
p. 586.
§ 300–2.1
How is the FTR formatted?
The FTR is written in a question and
answer (Q&A) format, which is an
effective way to engage the reader and
present the information in digestible
pieces.
§ 300–2.2 How are the rules in this part
expressed in the Q&A format?
The rules in this part are expressed in
both the question and answer.
§ 300–2.3
Who is subject to the FTR?
As to executive agencies (see § 300–
3.1 of this chapter), civilian employees
of an executive agency, and the
executive agency itself, are subject to
the FTR. Since the user may be an
employee or an agency, portions of the
FTR have been separated into employee
and agency sections. However, while
the employee provisions are addressed
to the employee, the rules expressed in
those provisions apply to the agency as
well. The following lists the relevant
employee and agency sections of the
FTR:
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89503
TABLE 1 TO § 300–2.3
For
Chapter
Chapter
Chapter
Chapter
Chapter
300
301
302
303
304
§ 300–2.4
FTR?
........................................................
........................................................
........................................................
........................................................
........................................................
How is the user addressed in the
The FTR asks questions in the first
person, as the user would. It then
The employee provisions contained in
And the agency provisions are contained in
N/A ...................................................................
Subchapters A, B, and C .................................
Subchapters A, B, C, D, E, and F ...................
N/A ...................................................................
Subchapter A ...................................................
Subchapter B.
Subchapter D.
Subchapters A, B, C, D, E, and F.
Part 303–70.
Subchapters B and C.
answers the questions in the second and
third person. In the employee sections,
the employee is addressed in the
singular, and in the agency sections, the
agency is addressed in the plural. The
following describes how employee and
agency are addressed in both sections:
TABLE 1 TO § 300–2.4
When you are in the
And you are looking at a
The employee is referred to using
And the agency is referred to
using
Employee section ..........................
Question .......................................
Answer ..........................................
Question .......................................
Answer ..........................................
I, me, or my ..................................
You or your ...................................
Employee or their .........................
Employee or their .........................
Agency.
Agency.
We, us, or our.
You or your.
Agency section ..............................
PART 302–2—EMPLOYEE ELIGIBILITY
REQUIREMENTS
2. The authority citation for part 302–
2 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
3. Revise the heading of part 302–2 to
read as set forth above.
■
Subpart B—Agency Responsibilities
4. Add an undesignated center
heading and §§ 302–2.107 through 302–
2.109 to read as follows:
■
Service Agreements
§ 302–2.107 Must we require employees to
sign a service agreement?
Yes, you must require employees to
sign a service agreement if the employee
is receiving reimbursement for
relocation travel expenses, except as
provided in § 302–2.17 and §§ 302–
3.300 (see the note to table F in § 302–
3.101 of this chapter; no service
agreement is required for separation or
relocation where the gaining agency
does not authorize relocation expenses)
and 302–3.410 of this chapter.
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§ 302–2.108 What information should we
include in a service agreement?
The service agreement should
include, but not be limited to the
following:
(a) The employee’s name;
(b) The employee’s effective date of
transfer or appointment;
(c) The employee’s actual place of
residence at the time of appointment;
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(d) The name of all dependents that
are authorized to travel under the TA;
(e) Detailed information regarding the
employee’s obligation to repay funds
spent on the employee’s relocation as a
debt due the Government if the service
agreement is violated;
(f) The employee’s agreed period of
time (see § 302–2.109) to remain in
service; and
(g) The employee’s signature
accepting the terms of the agreement.
§ 302–2.109 How long must we require an
employee to agree to the terms of a service
agreement?
You must require an employee to
agree to the terms of a service
agreement:
(a) Within CONUS for a period of
service of not less than 12 months
following the effective date of
appointment or transfer;
(b) OCONUS for an agreed upon
period of service of not more than 36
months or less than 12 months
following the effective date of
appointment or transfer;
(c) Department of Defense Overseas
Dependent School System teachers for a
period of not less than one school year
as determined under 20 U.S.C. chapter
25;
(d) For renewal agreement travel, a
period of not less than 12 months from
the date of return to the same or
different overseas official station; and
(e) For assignment under the
Government Employees Training Act
(GETA), not less than three times the
length of the training period as
prescribed by the head of the agency.
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§ 302–2.110
[Redesignated as § 302–2.111]
5. Redesignate § 302–2.110 as § 302–
2.111.
■
6. Add new § 302–2.110 under the
undesignated center heading ‘‘Service
Agreements’’ to read as follows:
■
§ 302–2.110 May we pay relocation
expenses if the employee violates their
service agreement?
If an employee does not fulfill the
terms of the service agreement, the
employee is indebted to the Government
for all relocation expenses that have
been reimbursed to the employee or that
have been paid directly by the
Government. However, if the reasons for
not fulfilling the terms of the service
agreement are beyond the employee’s
control and acceptable to the agency,
you may release the employee from the
service agreement and waive any
indebtedness.
PART 302–3—RELOCATION
ALLOWANCE BY SPECIFIC TYPE
7. The authority citation for part 302–
3 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
8. Amend § 302–3.101 in table C by
revising entries 5 and 6 and footnote 1
to read as follows:
■
302–3.101 As a transferred employee or
other relocated employee what relocation
allowances must my agency pay or
reimburse to me?
*
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TABLE C—TRANSFER FROM OCONUS OFFICIAL STATION TO AN OFFICIAL STATION IN CONUS
Column 2—Relocation allowances that agency has discretionary authority to pay or reimburse
Column 1—Relocation allowances that agency must pay or reimburse
*
*
*
*
*
*
*
5. Extended storage of household goods only when assigned to a des- 5. Househunting per diem & transportation, employee & spouse only
ignated isolated official station in CONUS (part 302–8 of this chapter).
when transfer is from an OCONUS non-foreign area (part 302–5 of
this chapter).
6. Relocation income tax allowance (RITA) (part 302–17 of this chap6. Property Management Services (part 302–15 of this chapter).1
ter).
1 Note to Column 1, Item 3, and Column 2, Item 6: Allowed when old and new official stations are located in the United States. Also allowed
when instead of being returned to the former official station in the United States, an employee is transferred in the interest of the Government to
a different official station in the United States than the official station from which an employee was transferred when assigned to the foreign official station.
*
*
*
§ 302–3.213
*
§§ 302–3.503 through 302–3.506
[Removed]
*
[Amended]
13. Remove the undesignated center
heading ‘‘SERVICE AGREEMENTS’’ and
§§ 302–3.503 through 302–3.506.
■
9. Amend § 302–3.213 by removing
‘‘item five of Tables A and B’’ and
adding ‘‘table E’’ in its place.
■
§ 302–3.221
§§ 302–3.507 through 302–3.517
[Redesignated as §§ 302–3.503 through
302–3.513]
[Amended]
10. Amend § 302–3.221 by removing
‘‘(other than your actual place of
residence).’’.
■
14. Redesignate §§ 302–3.507 through
302–3.517 as §§ 302–3.503 through 302–
3.513.
■
11. Revise § 302–3.227 to read as
follows:
■
§ 302–3.505
§ 302–3.227 If I become divorced from my
spouse or terminate my committed
relationship with my domestic partner while
OCONUS will I receive reimbursement to
return my former spouse or domestic
partner and dependents to the U.S.?
Yes, if you become divorced from
your spouse or terminate your
committed relationship with your
domestic partner while OCONUS, you
will receive reimbursement of
transportation expenses to return your
former spouse or domestic partner and
other immediate family members to
your place of actual residence within or
outside CONUS. Early return expenses
for the immediate family are limited to
transportation and shipment of
household goods and personal effects.
Early return expenses do not include
other relocation expenses such as TQSE
and miscellaneous expense allowance.
■ 12. Amend § 302–3.500 by revising
the section heading, introductory text,
and paragraph (a) to read as follows:
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§ 302–3.500 What governing policies and
procedures must we establish for
authorization and payment of relocation
allowances?
You must establish governing policies
and procedures that determine:
(a) When you will pay relocation
expenses if an employee violates their
service agreement (see § 302–2.110 of
this chapter);
*
*
*
*
*
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[Amended]
15. Amend newly redesignated § 302–
3.505 by removing from paragraph (b)
‘‘8 U.S.C. 1101(33)’’ and adding ‘‘8
U.S.C. 1101(a)(33)’’ in its place.
■
§ 302–3.510
[Amended]
16. Amend newly redesignated § 302–
3.510 by removing from paragraph (c)
‘‘302–3.515’’ and adding ‘‘302–3.511’’ in
its place.
■
PART 302–15—ALLOWANCE FOR
PROPERTY MANAGEMENT SERVICES
17. The authority citation for part
302–15 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
18. Revise § 302–15.10 to read as
follows:
■
§ 302–15.10 How long may my agency pay
for property management services under
this part?
The length of time your agency may
pay for property management services
under this part depends on the type of
transfer.
(a) If you transfer within the United
States, your agency may pay for a period
not to exceed one year from your
effective date of transfer, with up to a 1year extension, under the same
conditions required in § 302–11.21 of
this chapter.
(b) If you transfer to a foreign area
post of duty, including successive
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foreign area tours of duty for which you
signed a new service agreement (see
§ 302–15.4), your agency may pay from
your effective date of transfer until you
return to the last official station in the
United States from which you
transferred.
(c) If you transfer from a foreign area
post of duty, including successive
foreign area tours of duty for which you
signed a new service agreement (see
§ 302–15.4), to a different official station
in the United States than the one from
which you were transferred from for
your foreign area tour of duty (see
§ 302–15.6), your agency may pay for a
period not to exceed one year from your
effective date of transfer to the US, with
up to a 1-year extension, under the same
conditions required in § 302–11.21 of
this chapter.
(d) If you transfer to a foreign area
post of duty, complete your service
agreement, and remain there without
signing a new service agreement, your
agency may pay from the effective date
of your transfer to when your service
agreement is completed.
(e) If you transfer to a foreign area
post of duty and separate from
Government service before completing
your service agreement, your agency
may pay from the effective date of your
transfer to the date of your separation.
(f) If you transfer within the United
States or from a foreign area post of duty
to a different official station in the
United States than the one from which
you were transferred for your foreign
area tour of duty, and you separate from
Government service before the time
periods stated in paragraphs (a) and (c)
of this section, your agency may pay
from the effective date of your transfer
to the date of your separation.
[FR Doc. 2024–26241 Filed 11–12–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Rules and Regulations]
[Pages 89501-89504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26241]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-2, 302-2, 302-3, and 302-15
[FTR Case 2023-01; Docket No. GSA-FTR-2024-0009, Sequence No. 1]
RIN 3090-AK75
Federal Travel Regulation; Removing References to Title and
Narrative Format and Other Changes Addressing Relocation
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Travel Regulation (FTR) was originally written in
title and narrative format. The entire FTR has since been re-written in
question and answer format to align with plain language standards. This
final rule removes the remaining references to the defunct title and
narrative format, clarifies the applicability of the FTR, and clarifies
multiple provisions regarding relocation authorization and allowances.
Finally, the final rule makes various editorial changes to better align
the regulatory question with its corresponding answer.
DATES: Effective date: December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Program Analyst, Office
of Government-wide Policy, at 202-669-1653 or [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite ``FTR Case 2023-01.''
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with Executive Order 12866, Regulatory Planning and
Review, and the June 1, 1998, Memorandum on Plain Language in
Government Writing, and its implementing guidance, GSA began rewriting
the FTR in plain language, which resulted in format changes from title
and narrative to question and answer. On August 21, 2014, with FTR
Amendment 2014-01 (79 FR 49640), GSA changed the last remaining part of
the FTR to question and answer format. However, outdated references to
title and narrative format in FTR part 300-2 still remain; this final
rule removes them.
This final rule also refines the answer to the question ``Who is
subject to the FTR,'' clarifying that, as to executive
[[Page 89502]]
agencies (as defined in 5 U.S.C. 105), those agencies and civilian
employees of those executive agencies are subject to the FTR. This does
not include uniformed military members, who are subject to U.S.C.,
title 10, or employees of other than an ``executive agency'' as defined
in 5 U.S.C. 105. This is merely a clarification and does not change the
present understanding of who is subject to the FTR.
This final rule moves the section on relocation service agreements
in FTR part 302-3 to part 302-2, as the section is a better fit under
part 302-2. As a result, Sec. 302-3.500 was updated to remove the
limitation for agencies to implement policies only as to part 302-3
because paragraph (a) refers to one of the regulations that was moved
to part 302-2. The heading for Sec. 302-3.500 was also updated to add
``authorization'' in addition to ``payment'' of relocation payments as
the section addresses both. Also, additional discretionary items for
househunting and property management services were added to Sec. 302-
3.101, Table C, Column 2, to match the same discretionary items noted
in parts 302-5 and 302-15. These additions are not new discretionary
allowances; they were inadvertently left off the table when FTR
Amendment 2021-02 (86 FR 73678) was published. FTR Sec. 302-15.10 is
also amended to clarify the time periods for which agencies may pay for
property management services; the FTR now specifically addresses the
time period for those employees transferring from a foreign area post
to an official station in the U.S. if other than the one from which
they were transferred for their foreign tour of duty.
II. Discussion of the Final Rule
A. Summary of Significant Changes
There are no significant changes; a summary of changes is included
in the Background section.
B. Analysis of Public Comments
This rule addresses matters of agency management or personnel and
consequently is exempt from the notice and comment requirements of the
Administrative Procedure Act. As such, notice and comment was not
sought prior to publication of this final rule.
C. Expected Cost Impact to the Public
There is no cost impact expected as a result of these changes.
III. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 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) amends section
3(f) of Executive Order 12866 and supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The Office
of Management and Budget's Office of Information and Regulatory Affairs
(OIRA), has determined that this rule is not a significant regulatory
action and, therefore, it is not subject to review under section 6(b)
of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' under 5
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also
known as the Congressional Review Act or CRA, generally provides that
before a rule may take effect, unless excepted, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This rule is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801 as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not 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. This final rule is
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
Therefore, an Initial Regulatory Flexibility Analysis was not
performed.
VI. 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 Parts 300-2, 302-2, 302-3, and 302-15
Government employees, Relocation, Travel and transportation
expenses.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
300-2, 302-2, 302-3, and 302-15 as follows:
0
1. Revise part 300-2 to read as follows:
PART 300-2--HOW TO USE THE FTR
Sec.
300-2.1 How is the FTR formatted?
300-2.2 How are the rules in this part expressed in the Q&A format?
300-2.3 Who is subject to the FTR?
300-2.4 How is the user addressed in the FTR?
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20
U.S.C. 905(a); 31 U.S.C. 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118;
E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 300-2.1 How is the FTR formatted?
The FTR is written in a question and answer (Q&A) format, which is
an effective way to engage the reader and present the information in
digestible pieces.
Sec. 300-2.2 How are the rules in this part expressed in the Q&A
format?
The rules in this part are expressed in both the question and
answer.
Sec. 300-2.3 Who is subject to the FTR?
As to executive agencies (see Sec. 300-3.1 of this chapter),
civilian employees of an executive agency, and the executive agency
itself, are subject to the FTR. Since the user may be an employee or an
agency, portions of the FTR have been separated into employee and
agency sections. However, while the employee provisions are addressed
to the employee, the rules expressed in those provisions apply to the
agency as well. The following lists the relevant employee and agency
sections of the FTR:
[[Page 89503]]
Table 1 to Sec. 300-2.3
------------------------------------------------------------------------
The employee And the agency
For provisions contained provisions are
in contained in
------------------------------------------------------------------------
Chapter 300................. N/A................. Subchapter B.
Chapter 301................. Subchapters A, B, Subchapter D.
and C.
Chapter 302................. Subchapters A, B, C, Subchapters A, B, C,
D, E, and F. D, E, and F.
Chapter 303................. N/A................. Part 303-70.
Chapter 304................. Subchapter A........ Subchapters B and C.
------------------------------------------------------------------------
Sec. 300-2.4 How is the user addressed in the FTR?
The FTR asks questions in the first person, as the user would. It
then answers the questions in the second and third person. In the
employee sections, the employee is addressed in the singular, and in
the agency sections, the agency is addressed in the plural. The
following describes how employee and agency are addressed in both
sections:
Table 1 to Sec. 300-2.4
----------------------------------------------------------------------------------------------------------------
And you are looking at The employee is And the agency is
When you are in the a referred to using referred to using
----------------------------------------------------------------------------------------------------------------
Employee section..................... Question............... I, me, or my........... Agency.
Answer................. You or your............ Agency.
Agency section....................... Question............... Employee or their...... We, us, or our.
Answer................. Employee or their...... You or your.
----------------------------------------------------------------------------------------------------------------
PART 302-2--EMPLOYEE ELIGIBILITY REQUIREMENTS
0
2. The authority citation for part 302-2 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
0
3. Revise the heading of part 302-2 to read as set forth above.
Subpart B--Agency Responsibilities
0
4. Add an undesignated center heading and Sec. Sec. 302-2.107 through
302-2.109 to read as follows:
Service Agreements
Sec. 302-2.107 Must we require employees to sign a service agreement?
Yes, you must require employees to sign a service agreement if the
employee is receiving reimbursement for relocation travel expenses,
except as provided in Sec. 302-2.17 and Sec. Sec. 302-3.300 (see the
note to table F in Sec. 302-3.101 of this chapter; no service
agreement is required for separation or relocation where the gaining
agency does not authorize relocation expenses) and 302-3.410 of this
chapter.
Sec. 302-2.108 What information should we include in a service
agreement?
The service agreement should include, but not be limited to the
following:
(a) The employee's name;
(b) The employee's effective date of transfer or appointment;
(c) The employee's actual place of residence at the time of
appointment;
(d) The name of all dependents that are authorized to travel under
the TA;
(e) Detailed information regarding the employee's obligation to
repay funds spent on the employee's relocation as a debt due the
Government if the service agreement is violated;
(f) The employee's agreed period of time (see Sec. 302-2.109) to
remain in service; and
(g) The employee's signature accepting the terms of the agreement.
Sec. 302-2.109 How long must we require an employee to agree to the
terms of a service agreement?
You must require an employee to agree to the terms of a service
agreement:
(a) Within CONUS for a period of service of not less than 12 months
following the effective date of appointment or transfer;
(b) OCONUS for an agreed upon period of service of not more than 36
months or less than 12 months following the effective date of
appointment or transfer;
(c) Department of Defense Overseas Dependent School System teachers
for a period of not less than one school year as determined under 20
U.S.C. chapter 25;
(d) For renewal agreement travel, a period of not less than 12
months from the date of return to the same or different overseas
official station; and
(e) For assignment under the Government Employees Training Act
(GETA), not less than three times the length of the training period as
prescribed by the head of the agency.
Sec. 302-2.110 [Redesignated as Sec. 302-2.111]
0
5. Redesignate Sec. 302-2.110 as Sec. 302-2.111.
0
6. Add new Sec. 302-2.110 under the undesignated center heading
``Service Agreements'' to read as follows:
Sec. 302-2.110 May we pay relocation expenses if the employee
violates their service agreement?
If an employee does not fulfill the terms of the service agreement,
the employee is indebted to the Government for all relocation expenses
that have been reimbursed to the employee or that have been paid
directly by the Government. However, if the reasons for not fulfilling
the terms of the service agreement are beyond the employee's control
and acceptable to the agency, you may release the employee from the
service agreement and waive any indebtedness.
PART 302-3--RELOCATION ALLOWANCE BY SPECIFIC TYPE
0
7. The authority citation for part 302-3 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
0
8. Amend Sec. 302-3.101 in table C by revising entries 5 and 6 and
footnote 1 to read as follows:
302-3.101 As a transferred employee or other relocated employee what
relocation allowances must my agency pay or reimburse to me?
* * * * *
[[Page 89504]]
Table C--Transfer From OCONUS Official Station to an Official Station in
CONUS
------------------------------------------------------------------------
Column 2--Relocation allowances
Column 1--Relocation allowances that that agency has discretionary
agency must pay or reimburse authority to pay or reimburse
------------------------------------------------------------------------
* * * * * * *
5. Extended storage of household goods 5. Househunting per diem &
only when assigned to a designated transportation, employee &
isolated official station in CONUS spouse only when transfer is
(part 302-8 of this chapter). from an OCONUS non-foreign
area (part 302-5 of this
chapter).
6. Relocation income tax allowance 6. Property Management Services
(RITA) (part 302-17 of this chapter). (part 302-15 of this
chapter).\1\
------------------------------------------------------------------------
\1\ Note to Column 1, Item 3, and Column 2, Item 6: Allowed when old and
new official stations are located in the United States. Also allowed
when instead of being returned to the former official station in the
United States, an employee is transferred in the interest of the
Government to a different official station in the United States than
the official station from which an employee was transferred when
assigned to the foreign official station.
* * * * *
Sec. 302-3.213 [Amended]
0
9. Amend Sec. 302-3.213 by removing ``item five of Tables A and B''
and adding ``table E'' in its place.
Sec. 302-3.221 [Amended]
0
10. Amend Sec. 302-3.221 by removing ``(other than your actual place
of residence).''.
0
11. Revise Sec. 302-3.227 to read as follows:
Sec. 302-3.227 If I become divorced from my spouse or terminate my
committed relationship with my domestic partner while OCONUS will I
receive reimbursement to return my former spouse or domestic partner
and dependents to the U.S.?
Yes, if you become divorced from your spouse or terminate your
committed relationship with your domestic partner while OCONUS, you
will receive reimbursement of transportation expenses to return your
former spouse or domestic partner and other immediate family members to
your place of actual residence within or outside CONUS. Early return
expenses for the immediate family are limited to transportation and
shipment of household goods and personal effects. Early return expenses
do not include other relocation expenses such as TQSE and miscellaneous
expense allowance.
0
12. Amend Sec. 302-3.500 by revising the section heading, introductory
text, and paragraph (a) to read as follows:
Sec. 302-3.500 What governing policies and procedures must we
establish for authorization and payment of relocation allowances?
You must establish governing policies and procedures that
determine:
(a) When you will pay relocation expenses if an employee violates
their service agreement (see Sec. 302-2.110 of this chapter);
* * * * *
Sec. Sec. 302-3.503 through 302-3.506 [Removed]
0
13. Remove the undesignated center heading ``SERVICE AGREEMENTS'' and
Sec. Sec. 302-3.503 through 302-3.506.
Sec. Sec. 302-3.507 through 302-3.517 [Redesignated as Sec. Sec.
302-3.503 through 302-3.513]
0
14. Redesignate Sec. Sec. 302-3.507 through 302-3.517 as Sec. Sec.
302-3.503 through 302-3.513.
Sec. 302-3.505 [Amended]
0
15. Amend newly redesignated Sec. 302-3.505 by removing from paragraph
(b) ``8 U.S.C. 1101(33)'' and adding ``8 U.S.C. 1101(a)(33)'' in its
place.
Sec. 302-3.510 [Amended]
0
16. Amend newly redesignated Sec. 302-3.510 by removing from paragraph
(c) ``302-3.515'' and adding ``302-3.511'' in its place.
PART 302-15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES
0
17. The authority citation for part 302-15 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
0
18. Revise Sec. 302-15.10 to read as follows:
Sec. 302-15.10 How long may my agency pay for property management
services under this part?
The length of time your agency may pay for property management
services under this part depends on the type of transfer.
(a) If you transfer within the United States, your agency may pay
for a period not to exceed one year from your effective date of
transfer, with up to a 1-year extension, under the same conditions
required in Sec. 302-11.21 of this chapter.
(b) If you transfer to a foreign area post of duty, including
successive foreign area tours of duty for which you signed a new
service agreement (see Sec. 302-15.4), your agency may pay from your
effective date of transfer until you return to the last official
station in the United States from which you transferred.
(c) If you transfer from a foreign area post of duty, including
successive foreign area tours of duty for which you signed a new
service agreement (see Sec. 302-15.4), to a different official station
in the United States than the one from which you were transferred from
for your foreign area tour of duty (see Sec. 302-15.6), your agency
may pay for a period not to exceed one year from your effective date of
transfer to the US, with up to a 1-year extension, under the same
conditions required in Sec. 302-11.21 of this chapter.
(d) If you transfer to a foreign area post of duty, complete your
service agreement, and remain there without signing a new service
agreement, your agency may pay from the effective date of your transfer
to when your service agreement is completed.
(e) If you transfer to a foreign area post of duty and separate
from Government service before completing your service agreement, your
agency may pay from the effective date of your transfer to the date of
your separation.
(f) If you transfer within the United States or from a foreign area
post of duty to a different official station in the United States than
the one from which you were transferred for your foreign area tour of
duty, and you separate from Government service before the time periods
stated in paragraphs (a) and (c) of this section, your agency may pay
from the effective date of your transfer to the date of your
separation.
[FR Doc. 2024-26241 Filed 11-12-24; 8:45 am]
BILLING CODE 6820-14-P
