Rule2024-02852
Federal Travel Regulation; Updating the FTR With Diversity, Equity, Inclusion, and Accessibility Language
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 16, 2024
Effective
April 16, 2024
Issuing agencies
General Services Administration
Abstract
GSA is issuing a final rule that makes technical amendments to the Federal Travel Regulation (FTR) regarding gender neutrality. These technical amendments result in more inclusive language by replacing gender-specific pronouns (e.g., he, she, his, her) with non-gendered pronouns. These changes are grammatical and technical in nature and do not result in added costs or associated policy changes.
Full Text
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<title>Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)</title>
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[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12250-12257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02852]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-10, 301-31, 301-50, 301-51, 301-70 Through
301-76, Chapter 301, and Parts 302-1 Through 302-9, 302-11, 302-12,
302-14 Through 302-17, 303-70, 304-2, 304-3, and 304-5
[FTR Case 2022-05; Docket No. GSA-FTR-2022-0005, Sequence No. 1]
RIN 3090-AK67
Federal Travel Regulation; Updating the FTR With Diversity,
Equity, Inclusion, and Accessibility Language
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule that makes technical amendments to
the Federal Travel Regulation (FTR) regarding gender neutrality. These
technical amendments result in more inclusive language by replacing
gender-specific pronouns (e.g., he, she, his, her) with non-gendered
pronouns. These changes are grammatical and technical in nature and do
not result in added costs or associated policy changes.
DATES: This final rule is effective on April 16, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Program Analyst, Office
of Government-wide Policy, at 202-669-1653 or <a href="/cdn-cgi/l/email-protection#d4a0a6b5a2b1b8a4bbb8bdb7ad94b3a7b5fab3bba2"><span class="__cf_email__" data-cfemail="e793958691828b97888b8e849ea7809486c9808891">[email protected]</span></a> for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#86c1d5c7d4e3e1d5e3e5c6e1f5e7a8e1e9f0"><span class="__cf_email__" data-cfemail="b3f4e0f2e1d6d4e0d6d0f3d4c0d29dd4dcc5">[email protected]</span></a>. Please cite ``FTR Case 2022-05.''
SUPPLEMENTARY INFORMATION:
I. Background
Executive Order (E.O.) 13988, Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation,
dated January 20, 2021, establishes a policy ``to prevent and combat
discrimination on the basis of gender identity or sexual orientation,
and to fully enforce Title VII and other laws that prohibit
discrimination on the basis of gender identity or sexual orientation.''
The Federal Government must be a model for diversity, equity,
inclusion, and accessibility, where all employees are treated with
dignity and respect. While GSA is not aware of any specific instances
where language in the FTR has been used to discriminate against an
employee seeking reimbursement for travel or relocation expenses, GSA
believes it is important to prevent any potential discrimination or the
appearance of discrimination. Therefore, GSA has undertaken an
extensive review of the FTR and is updating all instances where
language used to identify individuals is not as inclusive as it could
be.
Consistent with the American Psychological Association (APA) Style
Guide, 7th Edition, Publication Manual Section 5.5 guidance on ``Gender
and Pronoun Usage'', GSA is replacing gender-specific pronouns, such as
he, she, his, or her with more inclusive and respectful terminology to
all segments of society. Other terms that do not use gender-specific
language, such as employee, traveler, sibling, child, and parent have
also been used as appropriate.
II. Waiver of Proposed Rulemaking
In developing this final rule, GSA is waiving notice of proposed
rulemaking, public comment, and effective date procedures set forth in
the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides
an exception to those procedures when an agency finds there is good
cause for dispensing with such procedures. See 5 U.S.C. 553(b)(3)(B),
553(d)(3). Here, GSA has determined that_good cause exists for
dispensing with these procedures_because they are unnecessary. The
removal of gender-specific language is a grammatical, technical
amendment that does not change policy or require the expenditure of
agency funds. It instead makes clear that the FTR should not be
interpreted to condone potential gender discrimination or the
appearance of gender discrimination, even if GSA is unaware of the
FTR's gendered language being used to discriminate against an employee.
Therefore, this rule is not subject to notice, an opportunity for
public comment, or a delayed effective date, and will be final and
effective upon publication.
[[Page 12251]]
III. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule is technical in nature and does not significantly
change any definition, operation or interpretation of the FTR.
B. Expected Cost Impact to the Public
No FTR benefit has been increased or decreased in any way by these
technical changes to the FTR.
IV. 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 E.O. 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 was not reviewed under Section 6(b) of E.O. 12866.
V. Congressional Review Act
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).
VI. 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.
VII. 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 300-3, 301-10, 301-31, 301-50,
301-51, 301-70 Through 301-76, Appendix C to Chapter 301, 302-1
Through 302-9, 302-11, 302-12, 302-14 Through 302-17, 303-70, 304-
2, 304-3, and 304-5.
Government employees, Travel and transportation expenses.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
300-3, 301-10, 301-31, 301-50, 301-51, 301-70 through 301-76, Appendix
C to Chapter 301, 302-1 through 302-9, 302-11, 302-12, 302-14 through
302-17, 303-70, 304-2, 304-3, and 304-5 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for part 300-3 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 41 U.S.C. 40118; 5
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;
E.O 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586, Office of
Management and Budget Circular No. A-126, revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by--
0
a. Removing from the definition of ``Commuted rate'' ``his/her
household'' and adding ``their household'' in its place;
0
b. Removing from the definition of ``Crewmember'' ``he/she must'' and
adding ``that crewmember must'' in its place;
0
c. Removing from the definition of ``Extended storage'' ``he/she is
not'' and adding ``the employee is not'' in its place;
0
d. Removing from the introductory text of the definition of ``Immediate
family'' ``he/she reports'' and adding ``the employee reports'' in its
place; and removing from paragraph (5) ``Dependent brothers and sisters
(including step and legally adoptive brothers and sisters)'' and adding
``Dependent siblings (including step and legally adoptive siblings)''
in its place;
0
e. Removing from the definition of ``Official station'', in two
occurrences, ``his and her'' and adding ``their'' in their places;
0
f. Removing from the introductory text of the definition of
``Professional Books, Papers and Equipment'' the phrase ``his/her
official duties'' and adding ``the employee's official duties'' in its
place; and
0
g. Revising the last sentence of the definition of ``Qualified non-
crewmember''.
The revision reads as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Qualified non-crewmember * * * If a qualified non-crewmember is
onboard for the purpose of travel (i.e., being transported from point
to point) in addition to performing their duties related to the non-
travel related Governmental function for which the aircraft is being
operated (e.g., when a scientist conducts an experiment at the same
time they are also on the aircraft for the purpose of traveling from
point to point), they must be authorized to travel in accordance with
rules in 41 CFR parts 301-10 and 301-70.
* * * * *
PART 301-10--TRANSPORTATION EXPENSES
0
3. The authority citation for part 301-10 is revised to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft.'' Revised May 22, 1992.
Sec. 301-10.262 [Amended]
0
4. Amend Sec. 301-10.262 by--
0
a. Removing from paragraphs (a) introductory text, (b), and (c) ``his/
her principal deputy'' and adding ``their principal deputy'' in their
places, respectively; and
0
b. Removing from paragraph (d) ``to whom he/she delegates'' and adding
``to whom they delegate'' in its place.
PART 301-31--THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES
0
5. The authority citation for part 301-31 continues to read as follows:
Authority: 5 U.S.C. 5707.
[[Page 12252]]
Sec. 301-31.1 [Amended]
0
6. Amend Sec. 301-31.1 by removing ``his/her immediate'' and adding
``the employee's immediate'' in its place.
PART 301-50--ARRANGING FOR TRAVEL SERVICES
0
7. The authority citation for part 301-50 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
Sec. 301-50.4 [Amended]
0
8. Amend Sec. 301-50.4 by removing from the introductory text ``his/
her designee'' and adding ``their designee'' in its place.
PART 301-51--PAYING TRAVEL EXPENSES
0
9. The authority citation for part 301-51 continues to read as follows:
Authority: 5 U.S.C. 5707. Subpart A is issued under the
authority of Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701
note); 40 U.S.C. 121(c).
Sec. 301-51.4 [Amended]
0
10. Amend Sec. 301-51.4 by removing ``his/her designee(s)'' and adding
``their designee(s)'' in its place.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
11. The authority citation for part 301-70 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L.
105-264, 112 Stat. 2350 (5 U.S.C. 5701, note); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular No. A-123, Appendix B,
revised August 27, 2019.
Sec. 301-70.102 [Amended]
0
12. Amend Sec. 301-70.102 by removing from paragraph (g) ``he/she
travels'' and adding ``the employee travels'' in its place.
Sec. 301-70.200 [Amended]
0
13. Amend Sec. 301-70.200 by removing from paragraphs (c) and (d)
``his/her official station'' and adding ``their official station'' in
their places.
Sec. 301-70.700 [Amended]
0
14. Amend Sec. 301-70.700 by removing from paragraph (c) ``his/her
designee'' and adding ``their designee'' in its place.
Sec. 301-70.701 [Amended]
0
15. Amend Sec. 301-70.701 by removing from paragraph (b) ``his/her
designee(s)'' and adding ``their designee(s)'' in its place.
0
16. Amend Sec. 301-70.803 by--
0
a. Removing from paragraph (a) introductory text ``his/her principal''
and adding ``their principal'' in their places;
0
b. Removing from paragraph (a)(1) ``his or her'' and adding ``their''
in its place;
0
c. Removing from paragraph (b) ``his/her principal'' and adding ``their
principal'' in its place;
0
d. Removing from paragraph (c) ``his/her deputy'' and adding ``their
deputy'' in its place; and
0
e. Revising paragraph (d)(1).
The revision reads as follows:
Sec. 301-70.803 How must we authorize travel on a Government
aircraft?
* * * * *
(d) * * *
(1) Your agency's designated travel approving official (or anyone
to whom they delegate this authority and who is at least one
organizational level above the traveler) must authorize, in advance and
in writing, all other travel on Government aircraft (i.e., by
passengers, crewmembers, or qualified non-crewmembers) that is not
covered in paragraphs (a) through (c) of this section.
* * * * *
0
17. Amend Sec. 301-70.804 by--
0
a. Revising paragraph (b)(1);
0
b. Removing from paragraph (b)(2) ``his/her dependents'' and adding
``the traveler's dependents'' in its place; and
0
c. Removing from paragraph (c) ``he/she not engaged'' and adding ``they
not engaged'' in its place.
The revision reads as follows:
Sec. 301-70.804 What amount must the Government be reimbursed for
travel on a Government aircraft?
* * * * *
(b) * * *
(1) You must require a traveler on required-use travel to reimburse
the Government for the excess of the full coach fare for all flights
taken on a trip over the full coach fare for the flights that the
traveler would have taken had they not engaged in personal activities
during the trip; and
* * * * *
Sec. 301-70.901 [Amended]
0
18. Amend Sec. 301-70.901 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-70.904 [Amended]
0
19. Amend Sec. 301-70.904 by removing ``he/she must present'' from the
text and adding ``they must present'' in its place.
Sec. 301-70.907 [Amended]
0
20. Amend Sec. 301-70.907 by removing from paragraph (a) ``he/she''
and adding ``the traveler'' in its place.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
0
21. The authority citation for part 301-71 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
Sec. 301-71.200 [Amended]
0
22. Amend Sec. 301-71.200 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-71.201 [Amended]
0
23. Amend Sec. 301-71.201 by removing from the introductory text ``He/
she must'' and adding ``The reviewing official must'' in its place.
Sec. 301-71.205 [Amended]
0
24. Amend Sec. 301-71.205 by removing from paragraph (a) ``his/her
expenses'' and adding ``expenses'' in its place.
Sec. 301-71.206 [Amended]
0
25. Amend Sec. 301-71.206 by removing from paragraph (c) ``he/she
desires'' and adding ``the employee desires'' in its place.
Sec. 301-71.208 [Amended]
0
26. Amend Sec. 301-71.208 by removing ``his/her travel'' and adding
``the travel'' in its place.
0
27. Revise Sec. 301-71.214 to read as follows:
Sec. 301-71.214 Does mandatory use of the Government contractor-
issued travel charge card change the employee's obligation to pay their
travel card bill by the due date?
No, mandatory use of the Government contractor-issued travel charge
card does not relieve the employee of their obligation to honor their
cardholder payment agreement.
PART 301-72--AGENCY RESPONSIBILITIES RELATED TO COMMON CARRIER
TRANSPORTATION
0
28. The authority citation for part 301-72 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 3726; 40 U.S.C. 121(c).
Sec. 301-72.101 [Amended]
0
29. Amend Sec. 301-72.101 by removing from paragraph (a) ``he/she is
accountable'' and adding ``the employee is accountable'' in its place.
PART 301-73--TRAVEL PROGRAMS
0
30. The authority citation for part 301-73 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
[[Page 12253]]
Sec. 301-73.102 [Amended]
0
31. Amend Sec. 301-73.102 by removing from paragraph (a) introductory
text ``his/her designee'' and adding ``their designee'' in its place.
Sec. 301-73.103 [Amended]
0
32. Amend Sec. 301-73.103 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-73.104 [Amended]
0
33. Amend Sec. 301-73.104 by removing from paragraph (a) introductory
text ``his/her designee'' and adding ``the Administrator's designee''
in its place.
Sec. 301-73.105 [Amended]
0
34. Amend Sec. 301-73.105 by removing ``he/she is responsible'' and
adding ``the employee is responsible'' in its place.
PART 301-74--CONFERENCE PLANNING
0
35. The authority citation for part 301-74 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
36. Amend Sec. 301-74.24 by revising the section heading to read as
follows:
Sec. 301-74.24 What is the traveler required to do if they are unable
to attend an event for which they were reimbursed for an advanced
discounted payment of a conference or training registration fee?
* * * * *
PART 301-75--PRE-EMPLOYMENT TRAVEL
0
37. The authority citation for part 301-75 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
38. Amend Sec. 301-75.4 by revising paragraphs (b) and (f) to read as
follows:
Sec. 301-75.4 What other responsibilities do we have for pre-
employment interview travel?
* * * * *
(b) Inform the interviewee that the interviewee is responsible for
excess cost and any additional expenses that they incur for personal
preference or convenience;
* * * * *
(f) Inform the interviewee that the interviewee may subject
themselves to criminal penalties if they knowingly present a false,
fictitious, or fraudulent travel claim (See 18 U.S.C. 287 and 1001).
0
39. Amend Sec. 301-75.200 by revising the entry for ``Other expenses''
to read as follows:
Sec. 301-75.200 How will we pay for pre-employment interviewee
travel expenses?
------------------------------------------------------------------------
For You will
------------------------------------------------------------------------
* * * * * * *
Other expenses......................... Require payment by the
interviewee and reimburse the
interviewee for allowable
travel expenses upon
submission and approval of the
interviewee's travel claim.
------------------------------------------------------------------------
0
40. Amend Sec. 301-75.202 by revising the section heading and entry
for ``The new ticket is more expensive than the ticket you provided''
in the table to read as follows:
Sec. 301-75.202 What must we do if the interviewee exchanges the
ticket they have been issued?
------------------------------------------------------------------------
If You will inform the traveler
------------------------------------------------------------------------
The new ticket is more expensive than That the traveler must pay the
the ticket you provided. difference using personal
funds and the traveler will
not receive reimbursement for
the extra amount.
* * * * * * *
------------------------------------------------------------------------
Sec. 301-75.205 [Amended]
0
41. Amend Sec. 301-75.205 by removing ``he or she must'' and adding
``they must'' in its place.
PART 301-76--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO
THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD
0
42. The authority citation for part 301-76 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
0
43. Amend Sec. 301-76.100 by revising paragraph (a) to read as
follows:
Sec. 301-76.100 Are there any due process requirements with which we
must comply before collecting undisputed delinquent amounts on behalf
of the charge card contractor?
* * * * *
(a) Provide the employee with written notice of the type and amount
of the claim, the intention to collect the claim by deduction from the
employee's disposable pay, and an explanation of the employee's rights
as a debtor;
* * * * *
Appendix C to Chapter 301
0
44. The authority citation for appendix C to chapter 301 continues to
read as follows:
Authority: 5 U.S.C. 5707.
0
45. Amend appendix C to chapter 301 in the table by revising the entry
for ``Official Station'' to read as follows:
[[Page 12254]]
Appendix C to Chapter 301--Standard Data Elements for Federal Travel
[Traveler Identification]
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Official Station........ City, State, Zip........ The location where
the employee
regularly performs
their duties or an
invitational
traveler's home or
regular place of
business. If the
employee's work
involves recurring
travel or varies on
a recurring basis,
the location where
the work activities
of the employee's
position of record
are based is
considered the
employee's official
station.
* * * * * * *
------------------------------------------------------------------------
PART 302-1--GENERAL RULES
0
46. The authority citation for part 302-1 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-1.1 [Amended]
0
47. Amend Sec. 302-1.1 by removing from paragraph (e) ``his/her
place'' and adding ``their place'' in its place.
PART 302-2--EMPLOYEE ELIGIBILITY REQUIREMENTS
0
48. The authority citation for part 302-2 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-2.102 [Amended]
0
49. Amend Sec. 302-2.102 by removing ``his/her designee'' and adding
``their designee'' in its place.
0
50. Amend Sec. 302-2.103 by revising paragraphs (a) and (b) to read as
follows:
Sec. 302-2.103 How must we administer the authorization for
relocation of an employee?
* * * * *
(a) Issue an employee a TA for relocation before the employee
transfers to a new official station;
(b) Inform the employee of the transfer within a timeframe that
will provide the employee sufficient time for preparation;
* * * * *
Sec. 302-2.106 [Amended]
0
51. Amend Sec. 302-2.106 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 302-2.110 [Amended]
0
52. Amend Sec. 302-2.110 by removing from the introductory text ``his/
her effective'' and adding ``the employee's effective'' in its place.
PART 302-3--RELOCATION ALLOWANCES BY SPECIFIC TYPE
0
53. The authority citation for part 302-3 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-3.1 [Amended]
0
54. Amend Sec. 302-3.1 by removing from paragraph (c) ``his/her
college'' and adding ``that student trainee's college'' in its place.
0
55. Amend Sec. 302-3.203 by revising the section heading to read as
follows:
Sec. 302-3.203 If I am transferring in the interest of the Government
and my employed immediate family member(s) transfer is not in the
interest of the Government, will those immediate family member(s)
receive relocation allowances?
* * * * *
Sec. 302-3.500 [Amended]
0
56. Amend Sec. 302-3.500 by--
0
a. Removing from paragraph (a) ``violates his/her'' and adding
``violates their'' in its place; and
0
b. Removing from paragraph (d) ``arrange his/her'' and adding ``arrange
their'' in its place.
Sec. 302-3.501 [Amended]
0
57. Amend Sec. 302-3.501 by removing from paragraph (b) ``his/her
benefits'' and adding ``the new appointee's benefits'' in its place.
0
58. Amend Sec. 302-3.502 by--
0
a. Removing from paragraph (b) ``his/her travel expense'' and ``his/her
TCS expenses'' and adding ``the employee's travel expense'' and ``their
TCS expenses'' in their places, respectively; and
0
b. Revising paragraph (c).
The revision reads as follows:
Sec. 302-3.502 What factors should we consider in determining whether
to authorize a TCS for a long-term assignment?
* * * * *
(c) Employee concerns. The long-term assignment of an employee away
from the employee's official station and immediate family may
negatively affect the employee's morale and job performance. Such
negative effects may be alleviated by authorizing a TCS so the employee
can transport their immediate family and/or household goods at
Government expense to the location where the employee will perform the
long-term assignment. You should consider the effects of a long-term
temporary duty travel assignment on an employee when deciding whether
to authorize a TCS.
Sec. 302-3.504 [Amended]
0
59. Amend Sec. 302-3.504 by removing from paragraph (e) ``his/her
relocation'' and adding ``the employee's relocation'' in its place.
0
60. Amend Sec. 302-3.506 by revising the section heading to read as
follows:
Sec. 302-3.506 May we pay relocation expenses if the employee
violates their service agreement?
* * * * *
Sec. 302-3.509 [Amended]
0
61. Amend Sec. 302-3.509 by--
0
a. Removing from paragraph (a) ``his/her service'' and adding ``the
service'' in its place; and
0
b. Removing from paragraph (c) ``his/her relocation'' and adding ``the
employee's relocation'' in its place.
Sec. 302-3.510 [Amended]
0
61. Amend Sec. 302-3.510 by removing ``his/her service'' and adding
``the employee's service'' in its place.
0
62. Amend Sec. 302-3.511 by revising paragraphs (a) and (e) to read as
follows:
Sec. 302-3.511 What must we consider when determining return travel
for immediate family member(s) for compassionate reasons prior to
completion of the service agreement?
* * * * *
(a) The immediate family member(s)' physical or mental health;
* * * * *
(e) A dependent that traveled to post of duty on the employee's
authorized TA and has now reached their 21st birthdate.
[[Page 12255]]
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
0
63. The authority citation for part 302-4 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1975 Comp., p. 586.
0
64. Revise Sec. 302-4.203 to read as follows:
Sec. 302-4.203 How much per diem will my spouse or domestic partner
receive if they accompany me while I am performing PCS travel?
The maximum amount your spouse or domestic partner may receive if
they accompany you while you are performing PCS travel is three-fourths
of your daily per diem rate.
0
65. Revise Sec. 302-4.204 to read as follows:
Sec. 302-4.204 If my spouse or domestic partner does not accompany me
but travels unaccompanied at a different time, what per diem rate will
they receive?
If your spouse or domestic partner does not accompany you but
travels unaccompanied at a different time, they will receive the same
per diem rate to which you are entitled.
PART 302-5--ALLOWANCE FOR HOUSEHUNTING TRIP EXPENSES
0
66. The authority citation for part 302-5 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.
Sec. 302-5.102 [Amended]
0
67. Amend Sec. 302-5.102 by removing ``his/her circumstances'' and
``he or she will'' and adding ``the employee's circumstances'' and
``the employee will'' in their places, respectively.
PART 302-6--ALLOWANCE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES
0
68. 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, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-6.2 [Amended]
0
69. Amend Sec. 302-6.2 by removing ``his/her immediate family'' and
adding ``the employee's immediate family'' in its place.
0
70. Amend Sec. 302-6.300 by revising the first sentence to read as
follows:
Sec. 302-6.300 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 the employee's immediate family can
move into permanent residence quarters. * * *
0
71. Amend Sec. 302-6.303 by revising paragraph (a) to read as follows:
Sec. 302-6.303 What factors should we consider in determining whether
the TQSE allowance is actually necessary?
* * * * *
(a) The length of time the employee should reasonably be expected
to occupy the employee's residence at the old official station prior to
reporting for duty at the new official station. An employee and the
employee's 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.
* * * * *
PART 302-7--TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD
GOODS, PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT, (PBP&E) AND
BAGGAGE ALLOWANCE
0
72. The authority citation for part 302-7 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.
Sec. 302-7.1 [Amended]
0
73. Amend Sec. 302-7.1 by removing from paragraph (b) ``his/her
first'' and adding ``their first'' in its place.
Sec. 302-7.201 [Amended]
0
74. Amend Sec. 302-7.201 by removing ``he/she is responsible'' and
adding ``the employee is responsible'' in its place.
PART 302-8--ALLOWANCES FOR EXTENDED STORAGE OF HOUSEHOLD GOODS
(HHG)
0
75. The authority citation for part 302-8 is revised to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1975 Comp., p. 586.
0
76. Amend Sec. 302-8.2 by revising paragraph (b) to read as follows:
Sec. 302-8.2 What is the purpose of extended storage?
* * * * *
(b) Assigned to isolated locations in CONUS to which you cannot
take or at which you are unable to use your HHG and personal effects
because of the absence of residence quarters at that location;
* * * * *
0
77. Amend Sec. 302-8.402 by revising the section heading, the
introductory text, and paragraph (a) to read as follows:
Sec. 302-8.402 May we allow the employee to determine options in the
preference of the employee's storage?
Yes, the employee may determine options in the preference of the
employee's storage. You may authorize the employee to:
(a) Transport a portion of the employee's HHG to the official
station and store the remainder at Government expense;
* * * * *
PART 302-9--ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR
TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE
0
78. The authority citation for part 302-9 continues to read as follows:
Authority: 5 U.S.C. 5737a; 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O.
11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-9.1 [Amended]
0
79. Amend Sec. 302-9.1 by removing ``his/her immediate'' and adding
``the employee's immediate'' in its place.
Sec. 302-9.602 [Amended]
0
80. Amend Sec. 302-9.602 by removing ``his/her POV'' and adding
``their POV'' in its place.
PART 302-11--ALLOWANCES FOR EXPENSES INCURRED IN CONNECTION WITH
RESIDENCE TRANSACTIONS
0
81. The authority citation for part 302-11 continues to read as
follows:
Authority: 5 U.S.C. 5738 and 20 U.S.C. 905(c).
Sec. 302-11.106 [Amended]
0
82. Amend Sec. 302-11.106 by removing ``his/her name'' and adding
``that individual's name'' in its place.
0
83. Revise Sec. 302-11.309 to read as follows:
Sec. 302-11.309 What residence transaction expenses are reimbursable
if an employee violates the terms of the service agreement?
If the employee violates their service agreement, no residence
transaction expenses will be paid, and any amounts paid prior to such
violation shall be a
[[Page 12256]]
debt due the United States until they are paid by the employee.
Sec. 302-11.404 [Amended]
0
84. Amend Sec. 302-11.404 by removing from paragraph (e) introductory
text ``his/her payment'' and adding ``the payment'' in its place and
removing from paragraph (f) ``his/her old'' and adding ``the employee's
old'' in its place.
0
85. Amend Sec. 302-11.407 by removing from paragraph (a) ``his/her
financial'' and adding ``the employee's financial'' in its place and
revising paragraph (b).
The revision reads as follows:
Sec. 302-11.407 What documentation must we require the employee to
submit before paying residence transaction expenses?
* * * * *
(b) A copy of the employee's financial documents which prove that
the employee and/or a member(s) of the immediate family received all
proceeds from the sale of the property;
* * * * *
Sec. 302-11.421 [Amended]
0
86. Amend Sec. 302-11.421 by--
0
a. Removing from paragraph (a) ``him/her from completing his/her'' and
adding ``the employee from completing their'' in its place; and
0
b. Removing from paragraph (b) ``his/her transfer'' and adding ``the
employee's transfer'' in its place.
0
87. Revise Sec. 302-11.441 to read as follows:
Sec. 302-11.441 How must we determine if an employee holds equitable
title interest in a property?
To determine if an employee holds equitable title interest in a
property, you must follow the guidelines in Sec. 302-11.405.
PART 302-12--USE OF A RELOCATION SERVICES COMPANY
0
88. The authority citation for part 302-12 continues to read as
follows:
Authority: 5 U.S.C. 5738 and 20 U.S.C. 905(c).
Sec. 302-12.109 [Amended]
0
89. Amend Sec. 302-12.109 by removing ``his/her home'' and adding
``their home'' in its place.
0
90. Revise Sec. 302-12.119 to read as follows:
Sec. 302-12.119 Under a home sale program, may we pay an employee for
losses the employee incurs on the sale of a residence?
No, under a home sale program, you may not pay an employee for
losses the employee incurs on the sale of a residence, but this does
not preclude you reimbursing a relocation services company for losses
incurred while the contractor holds the property.
0
91. Revise Sec. 302-12.120 to read as follows:
Sec. 302-12.120 Under a home sale program, may we direct the
relocation services company to pay an employee more than the fair
market value of the employee's residence?
No, under a home sale program, you may not direct the relocation
services company to pay an employee more than the fair market value (as
determined by the residence appraisal process) of the employee's home.
PART 302-14--HOME MARKETING INCENTIVE PAYMENTS
0
92. The authority citation for part 302-14 continues to read as
follows:
Authority: 5 U.S.C. 5756.
Sec. 302-14.103 [Amended]
0
93. Amend Sec. 302-14.103 by removing from paragraph (b) ``his/her
residence'' and adding ``the employee's residence'' in its place.
PART 302-15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES
0
94. 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.
Sec. 302-15.1 [Amended]
0
95. Amend Sec. 302-15.1 by removing ``his/her residence'' and adding
``the employee's residence'' in its place.
Sec. 302-15.70 [Amended]
0
96. Amend Sec. 302-15.70 by--
0
a. Removing from paragraph (d) ``his/her residence'' and adding ``the
employee's residence'' in its place; and
0
b. Removing from paragraph (e) ``his/her mind'' and ``his/her
residence'' and adding ``their mind'' and ``their residence'' in their
places, respectively.
PART 302-16--ALLOWANCE FOR MISCELLANEOUS EXPENSES
0
97. The authority citation for part 302-16 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.
Sec. 302-16.202 [Amended]
0
98. Amend Sec. 302-16.202 by removing from paragraph (f) ``his/her
immediate'' and adding ``the employee's immediate'' in its place.
Sec. 302-16.203 [Amended]
0
99. Amend Sec. 302-16.203 by removing from paragraph (g) ``he/she or a
member of his/her'' and adding ``the employee or a member of the
employee's'' in its place.
PART 302-17--TAXES ON RELOCATION EXPENSES
0
100. The authority citation for part 302-17 continues to read as
follows:
Authority: 5 U.S.C. 5724b; 5 U.S.C. 5738; E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-17.44 [Amended]
0
101. Amend Sec. 302-17.44 by removing from the introductory text
``credit on his/her'' and adding ``credit on their'' in its place.
Sec. 302-17.102 [Amended]
0
102. Amend Sec. 302-17.102 by removing from paragraph (b) ``his/her
behalf'' and adding ``the employee's behalf'' in its place.
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES AND FAMILY MEMBERS
0
103. The authority citation for part 303-70 continues to read as
follows:
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR,
1971-1975 Comp., p 586; Presidential Memorandum dated September 12,
2011, ``Delegation Under Section 2(a) of the Special Agent Samuel
Hicks Families of Fallen Heroes Act.''
Sec. 303-70.1 [Amended]
0
104. Amend Sec. 303-70.1 by removing from paragraph (c) ``his/her
actual'' and adding ``the employee's actual'' in its place.
Sec. 303-70.301 [Amended]
0
105. Amend Sec. 303-70.301 by removing ``his/her designated'' and
adding ``their designated'' in its place.
Sec. 303-70.400 [Amended]
0
106. Amend Sec. 303-70.400 by removing ``his/her official'' and adding
``their official'' in its place.
0
107. Amend Sec. 303-70.500 by revising the section heading to read as
follows:
Sec. 303-70.500 When the employee, on a service agreement or a
mandatory mobility agreement, dies at or while in transit to or from
the employee's official station OCONUS, must we return the employee's
immediate family, baggage, POV, and household goods to the former
actual residence, new official station in CONUS, or alternate
destination?
* * * * *
[[Page 12257]]
0
108. Amend Sec. 303-70.501 by revising the section heading to read as
follows:
Sec. 303-70.501 Must we continue payment of relocation expenses for
an employee's immediate family if the employee dies while in transit
from an OCONUS official station to the employee's new official station
within CONUS?
* * * * *
PART 304-2--DEFINITIONS
0
109. The authority citation for part 304-2 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-2.1 [Amended]
0
110. Amend Sec. 304-2.1 by removing from paragraph (1) of the
definition ``Meeting(s) or similar functions (meeting)'' ``his/her
official'' and adding ``the employee's official'' in its place.
PART 304-3--EMPLOYEE RESPONSIBILITY
0
111. The authority citation for part 304-3 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-3.2 [Amended]
0
112. Amend Sec. 304-3.2 by removing ``his/her spouse'' and adding
``the employee's spouse'' in its place.
PART 304-5--AGENCY RESPONSIBILITIES
0
113. The authority citation for part 304-5 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-5.3 [Amended]
0
114. Amend Sec. 304-5.3 by removing from paragraph (a) introductory
text ``he/she determines'' and adding ``the approving official
determines'' in its place.
[FR Doc. 2024-02852 Filed 2-15-24; 8:45 am]
BILLING CODE 6820-14-P
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</html>Indexed from Federal Register on February 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.