S. 1879 - REIMBURSEMENT OF FEDERAL EMPLOYEE'S MOVING EXPENSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B01152R001001350009-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 21, 2016
• Document Release Date: May 14, 2008
• Sequence Number: 9
• Publication Date: September 30, 1983
• Content Type: MEMO

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30 September 1983
OLL 83-2377
MEMORANDUM FOR: Harry Fitzwater
- Deputy Director for Administration
James McDonald
Associate Deputy Director for Administration
Chief, Administrative Law Division, OGC.
DDO/PCS
Legislation Division, OLL
SUBJECT: ' S. 1879 -- Reimbursement of Federal Employee's
Moving Expenses
1. Attached for'your information, review and comment is
S. 1879, which was introduced on 22 September 1983 by Senator
Warner and co-sponsored by Senator Trible. Senator Warner's
introductory re _iarCs are also attached. S. 1879 has been
referred to the Committee on Governmental Affairs, where it is
pending with no action scheduled at present.
2. S. 1879 i-7 essentially a companion bill to H.R. 3852.
The legislative analysis for H.R. 3852 is con+- d in a
AC/Leg/OLL dated.8 September 1983 (OLL-83-20.466) and should be
consulted for S. 1879 as well. S.1879 differs from H.R. 3852
only in some no:-:-substantive wording changes and in an
amendment to 5 1J.S.C. y 5724 (b) (1) to eliminate the ?20/mile
limitation on re i;nbursernent for transportation of a mobile home
or house tra.i t_ .
? l oo forward to receiving your comments on S. 1879
and its com anion H.R. 3852.
STAT
STAT
STAT
STAT
STAT
STAT
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98TH CONGRESS
18T SESSION
To amend title 5, United States Code, to revise the authority to reimburse
Federal employees for certain moving expenses incurred by such employees
in connection with a transfer or reassignment in the interest of the Govern-
meat from.-one. official, station or- agency to another for permanent duty.
IN THE SENATE, OF THE UNITED STATES
SEPTEMBER 22 (lei slative day, SEPTEMBER 19), 1983
Mr. WABNERm(for himself and Mr., TxmLE) introduced the following bill; which
was read twice and referred to the Committee on Governmental Affairs
SILL
To amend title 5, United States Code,, to revise the authority to
reimburse Federal employees for certain moving expenses
incurred by such employees in connection with a transfer or
reassignment in the interest of the Government from one
official station or agency to another for permanent duty.
i Be it enacted by the Senate and House of Representa-
2 tes of' the United States of America in Congress assembled,
3 That (a) section 057293(a)(1) of title 5, United States Code, is
4 amendet -
5 (1) by inserting "(A)" after "travel expenses ;
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1 (2) by striking out "manpower shortage or" and
2 inserting in lieu thereof "manpower shortage, (B)"; and
3 (3) by inserting ", or (B) of any person appointed
4 by the President, by and with the advice and consent
5 of the Senate, to a position the rate of pay for which is
6 equal to or higher than the minimum rate of pay pre-
7 scribed for GS-16" after "Senior Executive Service".
8 (b) Sections _5724(a)(2).. and 5726(b) of title 5, United
9 States Code, are each amended by striking out "11,000" and
10 inserting in lieu thereof "18 OOQ"
1.1 . (c) Section- 5724(b)(1) of title 5, United States Code, is
12 amended by striking out "not in excess of 20 cents a mile".
13 (d) Sect on 5724 of title 5, United States Code, is
14 amended by adding-at the end thereof the following new sub-
5 section:
(J) The regulations prescribed under this section shall
1 provide that the reassignment or transfer of any employee,
N for permanent duty, from one official station or agency to
19 another which is outside the employee's commuting area
20 shall take effect only after the employee has been given ad-
21 vance notice for a reasonable period. Emergency circum-
.~J J
22
stances shall be taken into account in determining whether
23 the period advance notice is reasonable.".
24 (e) Section 5724a(a)(3) of title 5, United States Code, is
25 amended-
s 1879 IS -
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1 (1) in the first sentence thereof, by striking out
2 "30 days" and inserting in lieu thereof "60 days"; and
3 (2) by striking out the second and fourth sen-
4 tences thereof and inserting after the first sentence the
5 following: "The period of residence in temporary quar-
ters may be- extended for an additional 60 days if the
7 head of the agency concerned or his designee deter-
8 mines that there are compelling reasons for the contin-
9 ued occupancy of temporary quarters.".
10 (f) Section 5724a(a)(4) of title 5, United States Code, is
I I amended--
1`? (1) by inserting "(A)" after "(4)"; and
13 (2) by adding at the end thereof the following new
14 subparagraph:
15
in connection with the sale of the resi-
(B17 kill
16 deuce at- the old official station, reimbursement under
1 this paragraph shall not exceed 10 percent of the sale
18 price or $15,0,000, whichever is the lesser amount.
`;"r' In connection with the purchase of a resi-
2') de-nee at the new official station, reimbursement under
21 this paragraph shall not exceed 5 percent of the pur
22 chase price or $7,500, whichever is the lesser amount.
23 "(iii) Effective October 1 of each-Teat the respec-
24 ti-e maximum dollar amounts applicable under clauses
25
(i) and (ii) shall be increased by the percent..change, if
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1 any, in the Consumer Price Index published for De
2. cember. of the preceding year over that published for
3 December, of the second preceding year, adjusted to the
nearest one-tenth of 1 percent. For the purpose of this
clause, `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers, United States
City Averia,ge, Housing Component (1907=100), pre-
pared by _the_-.Bureau of Labor Statistics, Department of
0 .. Labor."..
10 (g)(1)(A) Subchapter II of chapter 57 of title 5, United
I1 States Code, is amended by adding after section 5724a the
12 following new section: .
13 "? 5724b. Taxes on reimbursements for travel, transporta-
14 tion, and relocation expenses of employees
15 transferred
16, "(a) Under such regulations as the President may pre-
17 scribe and to the extent considered necessary and appropri-
18 ate, as provided therein, appropriations or_other funds availa-
10 ble to an agency for administrative expenses are available for
20 the reimbursement of all or, part of the Federal, State, and
21 -,-;-,y income taxes incurred by an employee, or by an em-
2" ploy ee -and such employee's spouse (if filing jointly), for any
2.3 mo=: ng or storage expenses furnished in kind, or for which
24 reimbursement or an allowance is provided (but only to the
25 extent of the expenses paid or incurred). ReimbLii-sements
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1 under this subsection shall also include an amount equal to all
2 income taxes for which the employee, or the employee and
3 spouse, as the case may be, would be liable due to the reim-
4 bursement for the taxes referred to in the first sentence of
5 this subsection.
6 "('o)- For- the purpose. of this section,. `moving or storage
7 expenses-', means travel and transportation expenses (includ-
8 ing storage of household goods and personal effects under
9 section 5724 of this title) and other relocation expenses under
1.0 sections 5724a and 5726(e) of this title.".
11 (B) The chapter analysis at the beginning of chapter 57
12 of title 5, United States Code, is amended by inserting after
13 the item relfa Ling to section 5724a the following new item:
"5724b. Toxes or reimbursements for travel, transportation, and relocation expenses
of empi9y-ees transferred.".
14 (2) Section 5724(i) of title 5, United States Code, is
15 amended by striking out "5724a" and inserting in lieu there-
16 of 5 t 4a, 5724b,".
SEc. .. The amendments made by this Act shall be car-
ed out by agencies by the use of funds appropriated or oth-
er