[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Proposed Rules]
[Pages 53979-53982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25334]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-70 and 302-1
[FTR Case 2009-306; Docket 2009-0011, Sequence 1]
RIN 3090-AI94
Federal Travel Regulation (FTR); FTR Case 2009-306; Relocation
Allowances
AGENCY: Office of Governmentwide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule defines a process for collecting
transaction-level data regarding relocation of Federal civilian
employees. Specifically, this proposed rule would require that agencies
that spend more than $5 million per year on travel and relocation send
transaction-level data on relocation to GSA at least quarterly. GSA
will store this data in a data warehouse that the agencies will be able
to query to answer operational, managerial, and policy questions. In
addition to the transaction-level reporting process, this proposed rule
also would establish an annual reporting requirement for data regarding
employee relocation and would modify the existing requirement for large
agencies to collect and report data on temporary duty travel on an
annual basis, instead of biennially.
DATES: Comments must be received on or before December 21, 2009.
ADDRESSES: Submit comments identified by FTR case 2009-306 by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for any document by typing in the FTR case number (for example,
FTR case 2009-306) and clicking on the ``Go'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FTR case 2009-
306 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided.
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FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Henry Maury, OGP, Office of Travel, Transportation, and Asset
Management, at (202) 208-7928. For information pertaining to status or
publication schedules contact the Regulatory Secretariat (MVPR), Room
4041, 1800 F Street, NW., Washington, DC 20405, (202) 501-4755. Please
cite FTR case 2009-306.
SUPPLEMENTARY INFORMATION:
A. Background
In 1986, Congress amended 5 U.S.C. 5707 for travel and relocation
by mandating that GSA collect and report data from certain Federal
agencies (Pub. L. 99-234). This mandate expired in 1991 but was
permanently reinstated in 1994 by Public Law 103-329, Sec. 634(c), 5
U.S.C. 5707(c). In summary, the current statute states:
The Administrator of General Services shall submit to the
Office of Management and Budget (OMB), at least once every two years, a
report on agency spending on temporary duty travel and relocation.
The report shall be an analysis of estimated total agency
payments for items such as travel, transportation, average cost and
duration of trips, purposes of official travel, and estimated total
agency payments for relocation.
The report shall be based on a sampling survey of agencies
that spent more than $5 million during the previous fiscal year on
travel and relocation combined.
The agencies that spent more that $5 million during the
previous fiscal year shall provide the necessary information to GSA in
a format prescribed by GSA.
GSA has surveyed the agencies, in accordance with this statute,
several times since 1994. The results have not been useful. The
governmentwide totals were clearly far less than the actual
governmentwide expenditures as estimated by GSA, OMB, and the trade
press.
One explanation for the lack of data is that agencies had no way to
gather it at a reasonable cost. For both temporary duty travel and
relocation, the agencies found it impossible to provide complete and
reliable answers to the questions because they had no central
repository for this data. Instead, agencies had to survey each of the
thousands of locations where travel or relocation orders were
authorized and, in most cases, they had to actually copy and add the
values from paper copies of travel and relocation orders.
Today, all documentation for travel and relocation should be fully
automated, so it should be much easier to collect complete and reliable
data. For temporary duty travel, agencies are in the final stages of
migrating to eTravel systems, which can provide the required data
easily. For employee relocation, GSA expects shortly to publish a final
rule that urges agencies to move to comprehensive, automated,
relocation management systems, which again should be able to provide
the data that they are required to report.
Data collection processes for travel and relocation should provide:
1. Accurate, complete, transparent, and reliable totals of
expenditures that can be tracked year-to-year, on an agencywide and
governmentwide basis.
2. Accurate, complete, transparent, and reliable totals of the
major components of travel and relocation, such as lodging, air travel,
household goods shipments, residence transaction reimbursements, etc.,
also with enough consistency that they can be tracked year-to-year.
3. Enough detail that Federal agencies, GSA, OMB, Congress, and the
public can analyze the information, identify policies that perhaps
ought to be adjusted, determine whether those policy levers actually
should be moved, and determine the direction and amplitude of
appropriate changes in policy (a policy lever in this context is a
point at which the statute or regulation allows, or should allow, GSA
or agency relocation managers to make adjustments in response to
changes in the market, changes in relocation patterns, etc.).
For example, household goods shipments have been limited to 18,000
pounds per household at least since 1966, but GSA has never had data to
determine whether the current statutory weight limitation should be
higher, lower, or tiered in some fashion. Transaction-level data would
allow GSA to answer these questions, as well as similar questions about
many other current provisions.
This proposed rule would replace the existing reporting process
described in FTR part 300-70 with separate reporting requirements for
temporary duty travel and employee relocation. The travel reporting
requirement would remain in FTR part 300-70, but the employee
relocation reporting requirement would now be in FTR part 302-1.
For temporary duty travel, GSA's Federal Acquisition Service is
building a data warehouse with information derived from vouchers in the
eTravel systems, Travel Management Services, banks that issue the
Government's travel charge cards, and other sources. This warehouse,
when it is fully operational, will allow the agencies, GSA, OMB, and
Congress to answer a wide range of questions about temporary duty
travel. In the meantime, this proposed rule would simplify the
requirements in FTR part 300-70, stating only that GSA will provide the
required data elements, report format, and due dates in an FTR
bulletin. This proposed rule would also change the reporting
requirement for temporary duty travel from biennial to annual.
For employee relocation, GSA and the Executive Relocation Steering
Committee (ERSC, a Governmentwide body chartered and chaired by GSA)
have determined that the only way to ensure the accuracy described in
paragraph numbers 1 and 2, above, and to provide the detail required by
paragraph number 3, is to collect transaction-level information. GSA's
OGP is building a data warehouse to store this information and make it
available to appropriate parties. This proposed rule would establish
the basic requirements for the affected agencies to gather and send the
necessary, transaction-level information to GSA.
Concurrent with this proposed rule, GSA is publishing a Notice in
this Federal Register. The Notice announces and requests comments on
this proposed rule and a proposed FTR Bulletin. The proposed FTR
bulletin itself can be viewed on GSA's Web site, at http://www.gsa.gov/relo; it consists primarily of a data dictionary, with the list of data
elements, field lengths, coding, definitions, and suggested data
sources that the affected agencies would be required to report. GSA
would update this FTR bulletin whenever GSA and the ERSC determine that
a change is needed.
This proposed rule would also establish an annual reporting
requirement for employee relocation data. At first glance, this
requirement may seem redundant, since the agencies will be providing
the data to GSA's data warehouse, and then presumably will be
extracting summary data from that warehouse for the annual report;
however, it is not redundant because it has very different objectives.
The objectives of the annual reporting requirement are:
1. To have a senior executive at each agency ensure the accuracy,
completeness, and reliability of the data that the agency has sent to
the warehouse; and
2. To make those executives cognizant of the full extent of their
agencies' relocation programs.
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GSA expects to publish the details of the annual reporting
requirement (data elements, format, due date, etc.), along with details
of the transaction-level process, in a second FTR bulletin. This second
bulletin will be fully coordinated with the ERSC before publication,
and it will also be updated as necessary. GSA is postponing this second
Bulletin because it would not be reasonable to require annual reports
until a majority of agencies are sending transaction data to the data
warehouse.
The statute, at 5 U.S.C. 5707(c), as summarized above, states that
The Administrator of General Services shall submit to OMB, at least
once every two years, a report on agency spending on temporary duty
travel and relocation. GSA believes that requiring the transaction-
level data collection process and annual reporting by agencies will
allow GSA to compile the necessary data to fulfill the statute's intent
within the timeframes prescribed. The intent of the statute is to make
Federal relocation data transparent to all interested parties and,
thereby, to make it much easier for OMB, GSA, and Federal agency
executives to manage relocation more efficiently and effectively. It is
clear from the Governmentwide Relocation Advisory Board report and from
the analysis by the GSA and the ERSC that only a transaction-level
reporting process can accomplish this intent.
GSA's intention is to make this rule effective on the date that the
final rule is published in the Federal Register. GSA recognizes that
many agencies will not be able to fulfill the requirements immediately.
GSA also notes, however, that since 1994 (and previously, 1985-1991) 5
U.S.C. 5707(c) has required that agencies spending more than $5 million
per year on travel and relocation be able to provide data to GSA, so
that GSA could fulfill its reporting requirements. Several private
sector companies sell systems that agencies can use to collect and send
the data described in the proposed FTR Bulletin associated with this
proposed rule, and a number of agencies have agency-developed systems
that can be modified to collect and send the required data. GSA will
work closely with the affected agencies to help them fulfill the
requirement once issued as a final rule.
B. Proposed Rule
This proposed rule would change the reporting requirement for data
regarding temporary duty and employee relocation from biennial to
annual, and it would add a requirement that agencies submit selected
data from every employee relocation transaction to the GSA relocation
data warehouse.
C. Changes to Current FTR
This proposed rule would replace FTR sections 300-70.1, 300-70.2,
and part 302-1, subpart B, in their entirety.
D. Executive Order 12866
This proposed rule is excepted from the definition of
``regulation'' or ``rule'' under section 3(d)(3) of Executive Order
12866, Regulatory Planning and Review, dated September 30, 1993, and
therefore, was not subject to review under section 6(b) of that
Executive Order.
E. Regulatory Flexibility Act
This proposed rule is not required to be published in the Federal
Register for notice and comment as per the exemption specified in 5
U.S.C. 553(a)(2); therefore, the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., does not apply.
F. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because these proposed
changes to the FTR do not impose information collection requirements
that require the approval of OMB under 44 U.S.C. 3501, et seq.
G. Small Business Regulatory Enforcement Fairness Act
This proposed rule is also exempt from congressional review under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Parts 300-70 and 302-1
Agency Reporting Requirements and General Rules.
Dated: June 29, 2009.
Stan Kaczmarczyk,
Acting Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, pursuant to 5 U.S.C.
5701-5709, GSA proposes to amend 41 CFR Parts 300-70 and 302-1 as set
forth below:
PART 300-70--AGENCY REPORTING REQUIREMENTS
1. The authority citation for 41 CFR Part 300-70 continues to read
as follows:
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.
2. Revise Sec. 300-70.1 to read as follows:
Sec. 300-70.1 What are the requirements for reporting payments for
employee travel and relocation?
Agencies (as defined in Sec. 301-1.1 of this title) that spent
more than $5 million on travel and transportation payments, including
relocation, during the fiscal year immediately preceding the report due
date, must report such total agency payments as described in this
regulation.
(a) Specific information on reporting payments for temporary duty
travel are in this subpart.
(b) Specific information on reporting payments for employee
relocation are in Part 302-1, Subpart B.
3. Revise Sec. 300-70.2 to read as follows:
Sec. 300-70.2 What information must we report, and when must we
report it?
GSA provides the list of data elements, the report formats, and the
due dates in a series of FTR bulletins. GSA coordinates these FTR
bulletins with the affected agencies and updates them as needed. FTR
bulletins are available through: http://www.gsa.gov/ftrbulletins.
PART 302-1--GENERAL RULES
4. The authority citation for 41 CFR part 302-1 is revised to read
as follows:
Authority: 5 U.S.C. 5707(c); 5 U.S.C. 5738; 20 U.S.C. 905(a).
5. Add subpart B to part 302-1 to read as follows:
Subpart B--Reporting Requirements
Sec.
302-1.100 [Reserved]
302-1.101 [Reserved]
302-1.102 Are we required to report to GSA on employee relocation
activities?
302-1.104 What data must we provide to the GSA relocation data
warehouse?
302-1.105 When must we collect the data for the GSA relocation data
warehouse?
302-1.106 When must we send the data to the GSA relocation data
warehouse?
302-1.107 What data must we send to GSA in our annual report?
302-1.108 Who must sign the annual report?
302-1.109 May an agency report at the bureau level?
Subpart B--Reporting Requirements
Sec. 302-1.100 [Reserved]
Sec. 302-1.101 [Reserved]
Sec. 302-1.102 Are we required to report to GSA on employee
relocation activities?
Yes, every agency that spent more than $5 million during the
preceding fiscal year on travel and transportation payments, including
relocation, must report to GSA on their employee
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relocation activities, as provided in this subpart. Agencies that spend
$5 million per year or less are also welcome to participate.
Sec. 302-1.103 What data collection processes will GSA employ for
employee relocation?
(a) GSA collects transaction-level data, which is stored in a data
warehouse and made available for analysis to appropriate officials.
(b) In addition, reporting agencies must submit annual summary
reports to GSA, signed by a senior executive as specified in FTR 302-
1.108.
Sec. 302-1.104 What data must we provide to the GSA relocation data
warehouse?
GSA works with the affected agencies to develop the data elements
and report format for this information, and publishes the specific
requirements in a series of FTR bulletins. These bulletins provide the
data dictionary and details on the reporting processes (i.e., annual
and transactional). FTR bulletins are available through http://www.gsa.gov/ftrbulletins.
Sec. 302-1.105 When must we collect the data for the GSA relocation
data warehouse?
The affected agencies must collect the data elements listed in the
data dictionary from every relocation transaction that includes one or
more of the required data elements. This includes all travel
authorizations for relocation, plus allowances, reimbursements, and
direct payments to vendors.
Sec. 302-1.106 When must we send the data to the GSA relocation data
warehouse?
The affected agencies must send the specified data to the GSA
warehouse at least quarterly. There is no maximum frequency; agencies
may send data to the warehouse daily if they choose to do so.
Sec. 302-1.107 What data must we send to GSA in our annual report?
GSA specifies the data elements, format, and due date for the
current annual report in an FTR bulletin. FTR bulletins are available
through http://www.gsa.gov/ftrbulletins.
Sec. 302-1.108 Who must sign the annual report?
The annual report must be signed by a senior executive who has the
authority to ensure that the data provided to the data warehouse and in
the annual report are accurate, complete, and reliable.
Sec. 302-1.109 May an agency report at the bureau level?
Yes, an agency may send multiple reports from different bureaus or
components, so long as the sum of all those reports represents all
relocation activity in the agency.
[FR Doc. E9-25334 Filed 10-20-09; 8:45 am]
BILLING CODE 6820-14-P