[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26374-26375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12586]
[[Page 26373]]
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Part III
General Services Administration
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41 CFR Parts 302-1 and 302-6
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Federal Travel Regulation; ``Last Move Home'' Benefits for Certain
Individuals; Payment of Environmental Testing/Property Inspection Fees;
Interim Rule
Federal Register / Vol. 62, No. 92 / Tuesday, May 13, 1997 / Rules
and Regulations
[[Page 26374]]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 302-1 and 302-6
[FTR Interim Rule 6]
RIN 3090-AF63
Federal Travel Regulation; ``Last Move Home'' Benefits for
Certain Individuals; Payment of Environmental Testing/Property
Inspection Fees
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Interim rule.
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SUMMARY: This interim rule amends the Federal Travel Regulation (FTR)
to implement certain provisions of the Jerry L. Litton United States
Post Office Building Act (Pub. L. No. 103-338, October 6, 1994). This
Act provides for payment of ``last move home'' benefits for eligible VA
medical center directors and also for members of the immediate family
of an individual who dies while in Government service and who was
eligible for ``last move home'' benefits immediately prior to death.
This interim rule also implements the Joint Financial Management
Improvement Program (JFMIP) recommendation to allow reimbursement for
environmental testing and property inspection fees in connection with
the sale or purchase of a home. This interim rule is intended to
improve the workforce by enhancing the existing ``last-move-home''
incentive designed to encourage mobility among senior level officials,
and to equitably reimburse employees for required environmental
testing/home inspection fees.
DATES: Effective date: The provisions of this interim rule are
effective May 13, 1997.
Applicability dates: The provisions of this interim rule which
amend subpart B of part 302-1 of chapter 302 (except for the provision
which adds new (Sec. 302-1.100(a)(3)) apply to an employee whose death
occurs on or after January 1, 1994. The provision of this interim rule
which adds new (Sec. 302-1.100(a)(3) applies to eligible medical center
directors who separate from Federal service on or after October 2,
1992, for purposes of retirement.
FOR FURTHER INFORMATION CONTACT: Larry A. Tucker, Travel and
Transportation Management Policy Division (MTT), Washington, DC 20405,
telephone 202-501-1538.
SUPPLEMENTARY INFORMATION:
``Last Move Home'' Benefits for Members of the Immediate Family of
a Deceased Employee
This interim rule amends the FTR to implement sections 3, 4, and 5
of the Jerry L. Litton United States Post Office Building Act (Pub. L.
103-338, October 6, 1994), hereinafter referred to as ``the Act''. The
Act authorizes payment of ``last move home'' benefits for members of
the immediate family of an employee who dies in Government service and
who was eligible for ``last-move-home'' benefits at the time of death,
or who died after separating but before completing ``last-move-home''
travel and transportation. These implementing provisions will be
expanded in the final rule to provide agencies more definitive guidance
on extending the last-move-home benefits to a deceased individual's
immediate family.
VA Medical Center Directors
Paragraph 49 of section 2 of the Technical and Miscellaneous Civil
Service Amendments Act of 1992 (Pub. L. 102-378, October 2, 1992) was
enacted for the purpose of allowing VA medical center directors to
qualify for ``last move home'' benefits. Section 2 incorrectly
referenced 38 U.S.C. 4103(a)(8), as in effect on November 28, 1988.
However, medical center directors were removed from 38 U.S.C.
4103(a)(8) on November 18, 1988, thus rendering section 2 ineffective.
The Act corrected that error by inserting November 17, 1988 for
November 28, 1988. This implementing interim rule allows VA medical
center directors who were not SES career appointees to qualify for
``last move home'' benefits.
Environmental Testing and Property Inspection Fees
A multi-agency travel reinvention task force was organized in
August 1994 under the auspices of the 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.
One of the 25 recommendations was to clarify the rules governing
reimbursement of environmental testing and property inspection fees.
The General Services Administration (GSA), after review of this JFMIP
recommendation, has determined that the change is appropriate and is
implementing the change through this interim rule.
This interim rule revises the FTR to clarify that environmental
testing and property inspection fees are reimbursable when required by
Federal, State, or local law, or by the lender as a precondition to
sale or purchase.
GSA has determined that this rule is not a significant regulatory
action for the purposes of Executive Order 12866 of September 30, 1993.
This interim rule is not required to be published in the Federal
Register for notice and comment, and 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 302-6
Government employees, Relocation allowances and entitlements,
Transfers.
For the reasons set out in the preamble, 41 CFR parts 302-1 and
302-6 are amended as follows:
PART 302-1--APPLICABILITY, GENERAL RULES, AND ELIGIBILITY
CONDITIONS
1. The authority citation for part 302-1 continues 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 B--Relocation Entitlements Upon Separation for Retirement
2. Section 302-1.100 is amended by adding new paragraph (a)(3),
redesignating paragraph (b) as paragraph (c), and adding new paragraph
(b) to read as follows:
Sec. 302-1.100 Applicability.
(a) * * *
(3) Medical Center Directors. The provisions of this subpart are
applicable to individuals who:
(i) Served as a director of a Department of Veteran's Affairs
medical center under 38 U.S.C. 4103(a)(8) as in effect on November 17,
1988;
(ii) Separated from Government service on or after October 2, 1992;
and
(iii) Are not otherwise covered under paragraph (a) (1) or (2) of
this section.
(b) Immediate family of deceased covered individual. The provisions
of this subpart apply to the immediate family of a covered individual,
as defined in paragraph (a)(1) of this section, who satisfies the
eligibility criteria in Sec. 302-1.101, and who:
(1) Died in Government service on or after January 1, 1994; or
(2) Died after separating from Government service but before travel
[[Page 26375]]
and/or transportation authorized under this subpart were completed.
* * * * *
3. Section 302-1.101 is amended by revising the introductory text
and paragraph (d) to read as follows:
Sec. 302-1.101 Eligibility criteria.
Upon separation from Federal service for retirement, a covered
individual as defined in Sec. 302-1.100(a) of this subpart (or a
deceased covered individual's immediate family as described in
Sec. 302-1.100(b)) is eligible for those travel and transportation
allowances specified in Sec. 302-1.103 of this subpart, if such
individual meets the following criteria:
* * * * *
(d) Is eligible to receive an annuity upon such separation (or, in
the case of death in Government service, met the requirements for being
considered eligible to receive an annuity, as of the date of death)
under the provisions of subchapter III of chapter 83 (CSRS) or chapter
84 (FERS) of title 5, U.S.C., including an annuity based on optional
retirement, discontinued service retirement, early voluntary retirement
under an OPM authorization, or disability retirement; and
* * * * *
4. Section 302-1.102 is revised to read as follows:
Sec. 302-1.102 Agency authorization or approval.
Covered individuals. An individual who is eligible for moving
expenses under this subpart shall submit a request to the designated
agency official for authorization or approval of the moving expenses
stating tentative moving dates and origin and destination locations of
the planned move. Such requests shall be submitted in a format and
timeframe as prescribed by agency policy and procedures.
(b) Immediate family of deceased covered individual. Travel and
transportation under this subpart are payable for the immediate family
of a covered individual who died while in Government service during the
period beginning on January 1, 1994, and ending October 6, 1994, upon
the immediate family's written application submitted to the designated
agency official by May 13, 1998.
5. Section 302-1.105 is amended by revising paragraph (a) to read
as follows:
Sec. 302-1.105 Origin and destination.
(a) The expenses listed in Sec. 302-1.103 may be paid from the
official station where separation of the eligible individual occurs to
the place where the individual has elected to reside within the United
States, the Commonwealth of Puerto Rico or the Commonwealth of the
Northern Mariana islands, a United States territory or possession, or
the former Canal Zone area (i.e., areas and installations in the
Republic of Panama made available to the United states under the Panama
Canal Treaty of 1977 and related agreements (as described in section
3(a) of the Panama Canal Act of 1979)); or if the individual dies
before separating or after separating but before the travel and
transportation are completed, expenses may be paid from the deceased
individual's official station at the time of death or where separation
occurred, as appropriate, to the place within the areas listed in this
paragraph where the immediate family elects to reside even if different
from the place elected by the separated eligible individual.
* * * * *
6. Section 302-1.106 is revised to read as follows:
Sec. 302-1.106 Time limits for beginning travel and transportation.
(a) Except as provided in paragraph (b) of this section, all
travel, including that for the separated covered individual, and
transportation, including that for household goods, allowed under this
subpart, shall be accomplished within 6 months of the date of
separation (or date of death if the individual died before separating),
or other reasonable period of time as determined by the agency
concerned, but in no case later than 2 years from the effective date of
the individual's separation from Government service (or date of death
if the individual died before separating).
(b) For the immediate family of a covered individual who died in
Government service between January 1, 1994 and May 13, 1997, all travel
and transportation, including that for household goods, allowed under
this subpart, shall be accomplished no later than May 13, 1999.
PART 302-6--ALLOWANCE FOR EXPENSES INCURRED IN CONNECTION WITH
RESIDENCE TRANSACTIONS
7. The authority citation for part 302-6 continues 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.
8. Section 302-6.2 is amended by adding paragraph (d)(1)(xi) to
read as follows:
Sec. 302-6.2 Reimbursable and nonreimbursable expenses.
* * * * *
(d) * * *
(1) * * *
(xi) Expenses in connection with environmental testing and property
inspection fees when required by Federal, State, or local law; or by
the lender as a precondition to sale or purchase.
* * * * *
Dated: May 7, 1997.
David J. Barram,
Acting Administrator of General Services.
[FR Doc. 97-12586 Filed 5-9-97; 4:25 pm]
BILLING CODE 6820-34-P
