97-7183. Federal Travel Regulation; Fixed Amount Reimbursement for Temporary Quarters Subsistence Expenses  

  • [Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
    [Rules and Regulations]
    [Pages 13756-13760]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-7183]
    
    
    
    [[Page 13755]]
    
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    Part IV
    
    
    
    
    
    General Services Administration
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    41 CFR Part 302-1, et al.
    
    
    
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    Federal Travel Regulations; Final Rule
    
    Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules 
    and Regulations
    
    [[Page 13756]]
    
    
    
    GENERAL SERVICES ADMINISTRATION
    
    41 CFR Parts 302-1 and 302-5
    
    [FTR Amendment 59 ]
    RIN 3090-AG20
    
    
    Federal Travel Regulation; Fixed Amount Reimbursement for 
    Temporary Quarters Subsistence Expenses
    
    AGENCY: Office of Governmentwide Policy, GSA.
    
    ACTION: Final rule.
    
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    SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to 
    allow an agency to pay a fixed amount for temporary quarters 
    subsistence expenses. This amendment will save the Government money by 
    easing the burden of processing relocation claims and will increase 
    employee satisfaction with the relocation process.
    
    DATES: This final rule is effective March 22, 1997, and applies to an 
    employee whose effective date of transfer (date the employee reports 
    for duty at the new official station) is on or after March 22, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Robert A. Clauson, Travel and 
    Transportation Management Policy Division (MTT), Washington, DC 20405, 
    telephone 202-501-0299.
    
    SUPPLEMENTARY INFORMATION: A multi-agency travel reinvention task force 
    was organized in August 1994 under the auspices of the Joint Financial 
    Management Improvement Program (JFMIP) to reengineer Federal travel 
    rules and procedures. The task force developed 25 recommended travel 
    management improvements published in a JFMIP report entitled Improving 
    Travel Management Governmentwide, dated December 1995. On September 23, 
    1996, the President signed into law the Federal Employee Travel Reform 
    Act of 1996 (Pub. L. 104-201), which included 8 legislative changes 
    recommended by the JFMIP to improve travel and the delivery of 
    relocation services.
        This amendment implements section 1712 of the Act, which provides 
    the General Services Administration (GSA) authority to issue 
    regulations that authorize agencies to reimburse a transferred employee 
    a fixed amount for temporary quarters subsistence expenses (TQSE). This 
    amendment is written in the ``plain English'' style of regulation 
    writing as a continuation of GSA s effort to make the FTR easier to 
    understand and to use.
    
    How does this amendment change the allowance for temporary quarters 
    subsistence expenses?
    
        This amendment permits agencies to reimburse employees a fixed 
    amount without requiring receipts for TQSE. In addition to the plain 
    English formatting, this amendment also refines the current actual 
    expense method of reimbursing TQSE.
    
    When will I receive a fixed amount for temporary quarters 
    subsistence expenses?
    
        Your agency decides whether it will offer you the ``fixed amount'' 
    method of reimbursement for TQSE. If your agency offers you the fixed 
    amount option, you may choose between it and the traditional method 
    under which you are reimbursed your actual TQSE within a maximum 
    ceiling which requires you to document your expenses.
    
    How does this amendment change the actual expense method of 
    reimbursing TQSE?
    
        This amendment makes two principal changes to the actual expense 
    method of reimbursing TQSE. First, the maximum daily amounts are now 
    expressed in decimal format instead of the previous format which 
    depicted them as fractions of the applicable per diem rate. Note that 
    the new decimal maximum daily amounts in some cases vary from the 
    previous fractional equivalents. For example, the new maximum daily 
    amount for an accompanied spouse and/or a child 12 years or older 
    during the initial 30-day period of temporary quarters occupancy is .75 
    of the applicable per diem rate instead of two-thirds of that rate.
        The new maximum daily amount allowed for a child under 12 during 
    any period of temporary quarters occupancy subsequent to the initial 
    30-day period will be .4 of the applicable per diem rate instead of 
    two-thirds of one-half of that rate.
        Second, an agency now may authorize an extension of the temporary 
    quarters period regardless of when the compelling reason(s) occur. The 
    FTR previously required that compelling reasons occur during the 
    initial period of temporary quarters. This amendment eliminates that 
    requirement.
    
    What is the ``plain English'' style of regulation writing?
    
        The ``plain English'' style of regulation writing is a new, simpler 
    to read and understand, question and answer regulatory format. 
    Questions are in the first person, and answers are in the second 
    person. GSA uses a ``we'' question when referring to an agency and an 
    ``I'' question when referring to the employee.
    
    How does the plain English style of regulation writing affect 
    employees?
    
        A question and its answer combine to establish a rule. The employee 
    and the agency must follow the language contained in both the question 
    and its answer.
        GSA has determined that this rule is not a significant regulatory 
    action for the purposes of Executive Order 12866 of September 30, 1993. 
    This final rule is not required to be published in the Federal Register 
    for notice and comment. Therefore, the Regulatory Flexibility Act does 
    not apply. This rule also is exempt from Congressional review 
    prescribed under 5 U.S.C. 801 since it relates solely to agency 
    management and personnel.
    
    List of Subjects in 41 CFR Parts 302-1 and 302-5
    
        Government employees, Travel and transportation expenses.
    
        For the reasons set out in the preamble, 41 CFR chapter 302 is 
    amended as follows:
    
    PART 302-1--APPLICABILITY, GENERAL RULES, AND ELIGIBILITY 
    CONDITIONS
    
        1. The authority citation for part 302-1 is revised to read as 
    follows:
    
        Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 
    13474, 3 CFR, 1971-1975 Comp., p. 586.
    
    Subpart A--New Appointees and Transferred Employees
    
    
    Sec. 302-1.7  [Amended]
    
        2. Section 302-1.7 is amended by removing the reference ``Sec. 302-
    5.2(h)'' in paragraph (a) and adding in its place the reference 
    ``Sec. 302-5.4(b)''
        3. Section 302-1.14 is amended by revising paragraph (a)(3)(iii) to 
    read as follows:
    
    
    Sec. 302-1.14  Use of funds.
    
        (a) * * *
        (3) * * *
        (iii) Subsistence while occupying temporary quarters as set forth 
    in Sec. 302-5.15 of this chapter;
        4. Part 302-5 is revised to read as follows:
    
    PART 302-5--ALLOWANCE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES
    
    Subpart A--General Rules
    
    Sec.
    302-5.1  What are ``temporary quarters''?
    302-5.2   What are ``temporary quarters subsistence expenses 
    (TQSE)''?
    
    [[Page 13757]]
    
    302-5.3  What is the purpose of the TQSE allowance?
    302-5.4  Am I eligible for a TQSE allowance?
    302-5.5  Who is not eligible for a TQSE allowance?
    302-5.6  Must my agency authorize payment of a TQSE allowance?
    302-5.7  Under what circumstances will I receive a TQSE allowance?
    302-5.8  Who may occupy temporary quarters at Government expense?
    302-5.9  Where may I/we occupy temporary quarters at Government 
    expense?
    302-5.10  May my immediate family and I occupy temporary quarters at 
    different locations?
    302-5.11  What methods may my agency use to reimburse me for TQSE?
    302-5.12  Must I document my TQSE to receive reimbursement?
    302-5.13  How soon may I/we begin occupying temporary quarters at 
    Government expense?
    302-5.14  How is my TQSE allowance affected if my temporary quarters 
    become my permanent residence quarters?
    302-5.15  May I receive an advance of funds for TQSE?
    302-5.16  May I receive a TQSE allowance if I am receiving another 
    subsistence expenses allowance?
    302-5.17  Am I eligible for a TQSE allowance if I transfer to a 
    foreign area?
    302-5.18  May I be reimbursed for local transportation expenses 
    incurred while I am occupying temporary quarters?
    
    Subpart B--Actual TQSE Method of Reimbursement
    
    302-5.100  What am I paid under the actual TQSE reimbursement 
    method?
    302-5.101  May my agency reduce my TQSE allowance below the 
    ``maximum allowable amount''?
    302-5.102  What is the ``applicable per diem rate'' under the actual 
    TQSE reimbursement method?
    302-5.103  What is the latest the period for which I claim actual 
    TQSE reimbursement may begin?
    302-5.104  How long may I be authorized to claim actual TQSE 
    reimbursement?
    302-5.105  What is a ``compelling reason'' warranting extension of 
    my authorized period for claiming actual TQSE reimbursement?
    302-5.106  May I interrupt occupancy of temporary quarters?
    302-5.107  What effect do partial days of temporary quarters 
    occupancy have on my authorized period for claiming actual TQSE 
    reimbursement?
    302-5.108  When does my authorized period for claiming actual TQSE 
    reimbursement end?
    302-5.109  May the period for which I am authorized to claim actual 
    TQSE reimbursement for myself be different from that of my immediate 
    family?
    302-5.110  What effect do partial days have on my actual TQSE 
    reimbursement?
    302-5.111  May I and/or my immediate family occupy temporary 
    quarters longer than the period for which I am authorized to claim 
    actual TQSE reimbursement?
    
    Subpart C--Fixed Amount Reimbursement
    
    302-5.200  What am I paid under the fixed amount reimbursement 
    method?
    302-5.201  How do I determine the amount of my payment under the 
    fixed amount reimbursement method?
    302-5.202  Will I receive additional TQSE reimbursement if my fixed 
    amount is not adequate to cover my TQSE?
    
    Subpart D--Agency Responsibilities
    
    302-5.300  How should we administer the TQSE allowance?
    302-5.301  What governing policies must we establish for the TQSE 
    allowance?
    302-5.302  Under what circumstances may we authorize the TQSE 
    allowance?
    302-5.303  What factors should we consider in determining whether 
    the TQSE allowance actually is necessary?
    302-5.304  What factors should we consider in determining whether to 
    offer an employee the fixed amount TQSE reimbursement option?
    302-5.305  What factors should we consider in determining whether 
    quarters are temporary?
    
        Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 
    13474, 3 CFR, 1971-1975 Comp., p. 586.
    
    Subpart A--General Rules
    
        Note to subpart A: Use of the pronouns ``I'' and ``you'' 
    throughout this subpart refers to the employee.
    
    
    Sec. 302-5.1  What are ``temporary quarters''?
    
        The term ``temporary quarters'' refers to lodging obtained for the 
    purpose of temporary occupancy from a private or commercial source.
    
    
    Sec. 302-5.2  What are ``temporary quarters subsistence expenses 
    (TQSE)''?
    
        ``Temporary quarters subsistence expenses'' or ``TQSE'' are 
    subsistence expenses incurred by an employee and/or his/her immediate 
    family while occupying temporary quarters. TQSE does not include local 
    transportation expenses incurred during occupancy of temporary quarters 
    (see Sec. 302-5.18 for details).
    
    
    Sec. 302-5.3  What is the purpose of the TQSE allowance?
    
        The TQSE allowance is intended to reimburse an employee reasonably 
    and equitably for subsistence expenses incurred when it is necessary to 
    occupy temporary quarters.
    
    
    Sec. 302-5.4  Am I eligible for a TQSE allowance?
    
        You are eligible for a TQSE allowance if you are an employee who is 
    authorized to transfer; and
        (a) Your new official station is located within the United States, 
    its territories or possessions, the Commonwealths of Puerto Rico or the 
    Northern Mariana Islands, or the former Canal Zone area (i.e., areas 
    and installations in the Republic of Panama made available to the 
    United States pursuant to the Panama Canal Treaty of 1977 and related 
    agreements (as described in 22 U.S.C. 3602(a))); and
        (b) Your old and new official stations are 40 miles or more apart 
    (as measured by map distance) via a usually traveled surface route.
    
    
    Sec. 302-5.5  Who is not eligible for a TQSE allowance?
    
        New appointees, employees assigned under the Government Employees 
    Training Act (5 U.S.C. 4109), and employees returning from an overseas 
    assignment for the purpose of separation are not eligible for a TQSE 
    allowance.
    
    
    Sec. 302-5.6  Must my agency authorize payment of a TQSE allowance?
    
        No, your agency determines whether it is in the Government's 
    interest to pay TQSE.
    
    
    Sec. 302-5.7  Under what circumstances will I receive a TQSE allowance?
    
        You will receive a TQSE allowance if:
        (a) Your agency authorizes it before you occupy the temporary 
    quarters (the agency authorization must specify the period of time 
    allowed for you to occupy temporary quarters); and
        (b) You have signed a service agreement; and
        (c) You meet any additional conditions your agency has established.
    
    
    Sec. 302-5.8  Who may occupy temporary quarters at Government expense?
    
        Only you and/or your immediate family may occupy temporary quarters 
    at Government expense.
    
    
    Sec. 302-5.9  Where may I/we occupy temporary quarters at Government 
    expense?
    
        You and/or your immediate family may occupy temporary quarters at 
    Government expense within reasonable proximity of your old and/or new 
    official stations. Neither you nor your immediate family may be 
    reimbursed for occupying temporary quarters at any other location, 
    unless justified by special circumstances that are reasonably related 
    to your transfer.
    
    
    Sec. 302-5.10  May my immediate family and I occupy temporary quarters 
    at different locations?
    
        Yes. For example, if you must vacate your home at the old official 
    station and report to the new official station and your family remains 
    behind until the
    
    [[Page 13758]]
    
    end of the school year, you may need to occupy temporary quarters at 
    the new official station while your family occupies temporary quarters 
    at the old official station.
    
    
    Sec. 302-5.11  What methods may my agency use to reimburse me for TQSE?
    
        Your agency will reimburse you for TQSE under the actual expense 
    method unless it permits the ``fixed amount'' reimbursement method as 
    an alternative. If your agency makes both methods available to you, you 
    may select the one you prefer.
    
    
    Sec. 302-5.12  Must I document my TQSE to receive reimbursement?
    
        For fixed amount TQSE reimbursement, you do not document your TQSE. 
    For actual TQSE reimbursement, you must document your TQSE by itemizing 
    each expense and providing receipts as required by FTR Sec. 301-11.3(c) 
    of this subtitle.
    
    
    Sec. 302-5.13  How soon may I/we begin occupying temporary quarters at 
    Government expense?
    
        As soon as your agency has authorized you to receive a TQSE 
    allowance and you have signed a service agreement.
    
    
    Sec. 302-5.14  How is my TQSE allowance affected if my temporary 
    quarters become my permanent residence quarters?
    
        If your temporary quarters become your permanent residence 
    quarters, you may receive a TQSE allowance only if you show in a manner 
    satisfactory to your agency that you initially intended to occupy the 
    quarters temporarily.
    
    
    Sec. 302-5.15  May I receive an advance of funds for TQSE?
    
        Yes. If authorized in accordance with Sec. 302-1.14(a) of this 
    chapter, your agency may advance the amount of funds necessary to cover 
    your estimated TQSE expenses for up to 30 days. Your agency 
    subsequently may advance additional funds for periods up to 30 days.
    
    
    Sec. 302-5.16  May I receive a TQSE allowance if I am receiving another 
    subsistence expenses allowance?
    
        No, with one exception. You may receive a cost-of-living allowance 
    payable under 5 U.S.C. 5941 in addition to a TQSE allowance.
    
    
    Sec. 302-5.17  Am I eligible for a TQSE allowance if I transfer to a 
    foreign area?
    
        No. You may not receive a TQSE allowance under this part when you 
    transfer to an area outside the United States, its territories or 
    possessions, the Commonwealths of Puerto Rico or the Northern Mariana 
    Islands, or the former Canal Zone area (i.e., areas and installations 
    in the Republic of Panama made available to the United States pursuant 
    to the Panama Canal Treaty of 1977 and related agreements (as described 
    in 22 U.S.C. 3602(a))). However, you may qualify for a comparable 
    allowance under the Standardized Regulations (Government Civilians, 
    Foreign Areas) prescribed by the State Department.
    
    
    Sec. 302-5.18  May I be reimbursed for local transportation expenses 
    incurred while I am occupying temporary quarters?
    
        Generally not. Local transportation expenses are not TQSE, and 
    there is no authority to pay them as such. You may, however, be 
    reimbursed under part 301-2 of this subtitle for necessary 
    transportation expenses if you perform local official business travel 
    while you are occupying temporary quarters.
    
    Subpart B--Actual TQSE Method of Reimbursement
    
        Note to subpart B: Use of the pronouns ``I'' and ``you'' 
    throughout this subpart refers to the employee.
    
    
    Sec. 302-5.100  What am I paid under the actual TQSE reimbursement 
    method?
    
        Your agency will pay your actual TQSE incurred, provided the 
    expenses are reasonable and do not exceed the maximum allowable amount. 
    The ``maximum allowable amount'' is the ``maximum daily amount'' 
    multiplied by the number of days you actually incur TQSE not to exceed 
    the number of days authorized, taking into account that the rates 
    change after 30 days in temporary quarters. The ``maximum daily 
    amount'' is determined by adding the rates in the following table for 
    you and each member of your immediate family authorized to occupy 
    temporary quarters:
    
    ----------------------------------------------------------------------------------------------------------------
                                           The ``maximum daily amount'' of TQSE under the actual expense method that
                                          --------------------------------------------------------------------------
                                                                    Your accompanied spouse                         
                     For                       You and/or your        or a member of your        A member of your   
                                            unaccompanied spouse*   immediate family who is  immediate family who is
                                                may receive is        age 12 or older may        under age 12 may   
                                                                           receive is               receive is      
    ----------------------------------------------------------------------------------------------------------------
    The first 30 days of temporary         The applicable per diem  .75 times the            .5 times the applicable
     quarters.                              rate.                    applicable per diem      per diem rate.        
                                                                     rate.                                          
    Any additional days of temporary       .75 times the            .5 times the applicable  .4 times the applicable
     quarters.                              applicable per diem      per diem rate.           per diem rate.        
                                            rate.                                                                   
    ----------------------------------------------------------------------------------------------------------------
    (That is, when the spouse necessarily occupies temporary quarters in lieu of the employee or in a location      
      separate from the employee.)                                                                                  
    
    Sec. 302-5.101  May my agency reduce my TQSE allowance below the 
    ``maximum allowable amount''?
    
        Yes. If the estimated daily amount of your TQSE is determined in 
    advance to be lower than the maximum daily amount, your agency may 
    reduce the maximum allowable amount to your expected expenses.
    
    
    Sec. 302-5.102  What is the ``applicable per diem rate'' under the 
    actual TQSE reimbursement method?
    
        The ``applicable per diem rate'' under the actual TQSE 
    reimbursement method is as follows:
    
    ------------------------------------------------------------------------
                                                   The applicable per diem  
         For temporary quarters located in                 rate is          
    ------------------------------------------------------------------------
    The continental United States (CONUS)......  The standard CONUS rate.   
    Alaska, Hawaii, the United States            The locality rate          
     territories or possessions, the              established by the        
     Commonwealths of Puerto Rico or the          Secretary of Defense or   
     Northern Mariana Islands, or the former      the Secretary of State    
     Canal Zone area (i.e., areas and             under Sec.  301-7.3 of    
     installations in the Republic of Panama      this subtitle.            
     made available to the United States                                    
     pursuant to the Panama Canal Treaty of                                 
     1977 and related agreements (as described                              
     in section 3(a) of the Panama Canal Act of                             
     1979)).                                                                
    ------------------------------------------------------------------------
    
    
    [[Page 13759]]
    
    Sec. 302-5.103  What is the latest the period for which I claim actual 
    TQSE reimbursement may begin?
    
        The period must begin before the maximum time for beginning 
    allowable travel and transportation under Sec. 302-1.6 of this chapter 
    expires.
    
    
    Sec. 302-5.104  How long may I be authorized to claim actual TQSE 
    reimbursement?
    
        Your agency may authorize you to claim actual TQSE in 30-day 
    increments, not to exceed 60 consecutive days. However, if your agency 
    determines that there is a compelling reason for you to continue 
    occupying temporary quarters after 60 consecutive days, it may 
    authorize an extension of up to 60 additional consecutive days. Under 
    no circumstances may you be authorized to claim actual TQSE 
    reimbursement for more than a total of 120 consecutive days.
    
    
    Sec. 302-5.105  What is a ``compelling reason'' warranting extension of 
    my authorized period for claiming actual TQSE reimbursement?
    
        A ``compelling reason'' is an event that is beyond your control and 
    is acceptable to your agency. Examples include, but are not limited to:
        (a) Delivery of your household goods to your new residence is 
    delayed due to strikes, customs clearance, hazardous weather, fires, 
    floods or other acts of God, or similar events.
        (b) You cannot occupy your new permanent residence because of 
    unanticipated problems (e.g., delay in settlement on the new residence, 
    or short-term delay in construction of the residence).
        (c) You are unable to locate a permanent residence which is 
    adequate for your family's needs because of housing conditions at your 
    new official station.
        (d) Sudden illness, injury, or death of employee or immediate 
    family member.
    
    
    Sec. 302-5.106  May I interrupt occupancy of temporary quarters?
    
        Yes. Your authorized period for claiming actual TQSE reimbursement 
    is measured in consecutive days, and once begun, normally continues to 
    run whether or not you occupy temporary quarters. You may, however, 
    interrupt your authorized period for claiming actual TQSE reimbursement 
    in the following instances:
        (a) For the time allowed for en route travel between the old and 
    new official stations;
        (b) For circumstances attributable to official necessity such as an 
    intervening temporary duty assignment or military duty; or
        (c) For a non-official necessary interruption such as 
    hospitalization, approved sick leave, or other reason beyond your 
    control and acceptable to your agency.
    
    
    Sec. 302-5.107  What effect do partial days of temporary quarters 
    occupancy have on my authorized period for claiming actual TQSE 
    reimbursement?
    
        Occupancy of temporary quarters for less than a whole day 
    constitutes one full day of your authorized period. (However, see 
    Sec. 302-5.110 regarding en route travel.)
    
    
    Sec. 302-5.108  When does my authorized period for claiming actual TQSE 
    reimbursement end?
    
        The period ends at midnight on the earlier of:
        (a) The day preceding the day you and/or any member of your 
    immediate family occupies permanent residence quarters.
        (b) The day your authorized period for claiming actual TQSE 
    reimbursement expires.
    
    
    Sec. 302-5.109  May the period for which I am authorized to claim 
    actual TQSE reimbursement for myself be different from that of my 
    immediate family?
    
        No, the eligibility period for which you are authorized to claim 
    actual TQSE reimbursement for yourself and for each member of your 
    immediate family must run concurrently.
    
    
    Sec. 302-5.110  What effect do partial days have on my actual TQSE 
    reimbursement?
    
        You may not receive reimbursement under both the actual TQSE 
    allowance and another subsistence expenses allowance within the same 
    calendar day, with one exception: if you claim TQSE reimbursement on 
    the same day that en route travel per diem ends, your en route travel 
    per diem will be computed under applicable partial day rules and you 
    also may be reimbursed for actual TQSE you incur after 6:00 p.m. of 
    that day.
    
    
    Sec. 302-5.111  May I and/or my immediate family occupy temporary 
    quarters longer than the period for which I am authorized to claim 
    actual TQSE reimbursement?
    
        Yes, but you will not be reimbursed for any of the expenses you 
    incur during the unauthorized period.
    
    Subpart C--Fixed Amount Reimbursement
    
        Note to subpart C: Use of the pronouns ``I'' and ``you'' 
    throughout this subpart refers to the employee.
    
    
    Sec. 302-5.200  What am I paid under the fixed amount reimbursement 
    method?
    
        If your agency offers and you select the fixed amount TQSE 
    reimbursement method, you are paid a fixed amount for up to 30 days. No 
    extensions are allowed under the fixed amount method.
    
    
    Sec. 302-5.201  How do I determine the amount of my payment under the 
    fixed amount reimbursement method?
    
        Multiply the number of days your agency authorizes TQSE by .75 
    times the maximum per diem rate (i.e., lodging plus meals and 
    incidental expenses) prescribed in chapter 301 of this subtitle for the 
    locality of the new official duty station. Then, for each member of 
    your immediate family, multiply the same number of days by .25 times 
    the same per diem rate. Your payment will be the sum of these 
    calculations.
    
    
    Sec. 302-5.202  Will I receive additional TQSE reimbursement if my 
    fixed amount is not adequate to cover my TQSE?
    
        No.
    
    Subpart D--Agency Responsibilities
    
        Note to subpart D: Use of the pronouns ``we'' and ``you'' 
    throughout this subpart refers to the agency.
    
    
    Sec. 302-5.300  How should we administer the TQSE allowance?
    
        Temporary quarters should be used only if, and only for as long as, 
    necessary until the employee and/or his/her immediate family can move 
    into permanent residence quarters. You must administer the TQSE 
    allowance to minimize or avoid other relocation expenses.
    
    
    Sec. 302-5.301  What governing policies must we establish for the TQSE 
    allowance?
    
        You must establish policies and procedures governing:
        (a) When you will authorize temporary quarters for employees;
        (b) Who will determine if temporary quarters is appropriate in each 
    situation;
        (c) If and when you will authorize the fixed amount option for TQSE 
    reimbursement;
        (d) Who will determine the appropriate period of time for which 
    TQSE reimbursement will be authorized, including approval of extensions 
    and interruptions of temporary quarters occupancy;
        (e) Who will determine whether quarters were indeed temporary, if 
    there is any doubt.
    
    
    Sec. 302-5.302  Under what circumstances may we authorize the TQSE 
    allowance?
    
        You may authorize a TQSE allowance on an individual-case basis when 
    use of
    
    [[Page 13760]]
    
    temporary quarters is justified in connection with an employee's 
    transfer to a new official station. You may not authorize a TQSE 
    allowance for vacation purposes or other reasons unrelated to the 
    transfer.
    
    
    Sec. 302-5.303  What factors should we consider in determining whether 
    the TQSE allowance actually is necessary?
    
        The factors you should consider include:
        (a) The length of time the employee should reasonably be expected 
    to occupy his/her residence at the old official station prior to 
    reporting for duty at the new official station. An employee and his/her 
    immediate family should continue to occupy the residence at the old 
    official station for as long as practicable to avoid the necessity for 
    temporary quarters.
        (b) The existence of less expensive alternatives. If a less 
    expensive alternative to the TQSE allowance exists that will enable the 
    employee to find permanent quarters at the new official station, you 
    should consider such an alternative. For example, authorize a 
    househunting trip instead of temporary quarters if it would cost less 
    overall.
        (c) The existence of other opportunities to arrange for permanent 
    quarters. Consider whether the employee had other adequate opportunity 
    to arrange for permanent quarters. For example, you should not 
    authorize temporary quarters if the employee had adequate opportunity 
    during an extended temporary duty assignment to arrange for permanent 
    quarters.
    
    
    Sec. 302-5.304  What factors should we consider in determining whether 
    to offer an employee the fixed amount TQSE reimbursement option?
    
        The factors you should consider include:
        (a) Ease of administration. Actual TQSE reimbursement requires an 
    agency to review claims for the validity, accuracy, and reasonableness 
    of each expense amount. Fixed amount TQSE reimbursement does not 
    require review of expense amounts and is therefore easier to 
    administer.
        (b) Cost considerations. You must weigh the cost of each 
    alternative. Actual TQSE reimbursement may extend up to 120 consecutive 
    days, while fixed amount TQSE reimbursement is limited to 30 days. 
    Actual TQSE reimbursement may be less expensive, since its ceiling is 
    based on the standard CONUS rate, while fixed amount TQSE reimbursement 
    is based on the locality per diem rate. However, fixed amount TQSE 
    reimbursement may be less expensive because the maximum daily rate 
    under actual TQSE reimbursement is a higher percentage of the 
    applicable per diem rate than fixed amount TQSE reimbursement.
        (c) Treatment of employee. The employee is allowed to choose 
    between actual TQSE reimbursement and fixed amount TQSE reimbursement 
    when you offer the fixed amount TQSE reimbursement method. You 
    therefore should weigh employee morale and productivity considerations 
    against actual cost considerations in determining which method to 
    offer.
    
    
    Sec. 302-5.305  What factors should we consider in determining whether 
    quarters are temporary?
    
        In determining whether quarters are ``temporary'', you should 
    consider factors such as the duration of the lease, movement of 
    household effects into the quarters, the type of quarters, the 
    employee's expressions of intent, attempts to secure a permanent 
    dwelling, and the length of time the employee occupies the quarters.
    
        Dated: March 17, 1997.
    Thurman M. Davis, Sr.,
    Acting Administrator of General Services.
    [FR Doc. 97-7183 Filed 3-20-97; 8:45 am]
    BILLING CODE 6820-34-P
    
    
    

Document Information

Effective Date:
3/22/1997
Published:
03/21/1997
Department:
General Services Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-7183
Dates:
This final rule is effective March 22, 1997, and applies to an employee whose effective date of transfer (date the employee reports for duty at the new official station) is on or after March 22, 1997.
Pages:
13756-13760 (5 pages)
Docket Numbers:
FTR Amendment 59
RINs:
3090-AG20
PDF File:
97-7183.pdf
CFR: (41)
41 CFR 302-1.7
41 CFR 302-1.14
41 CFR 302-5.1
41 CFR 302-5.2
41 CFR 302-5.3
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