`[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]


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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.

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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 However, outdated references to 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`