S. 1879 A BILL TO AMEND TITLE 5 UNITED STATES CODE TO REVISE THE AUTHORITY TO REIMBURSE FEDERAL EMPLOYEES FOR CERTAIN MOVING EXPENSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B01152R000400530014-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: March 14, 2008
• Sequence Number: 14
• Publication Date: September 22, 1983
• Content Type: OPEN SOURCE

Son tber 22, 198?Approved For ReleaAL-11b' AL se 10`081/03/ RECORD P 5BO11 28000400530014-3
holds SENAT ,7 'a
S 12757
r
l
s, resu
ting in a decline in th S.1878 the torney General shall -notify the Gav.
value of-the leased oronertv_ M. it a. , t L-. - _
In addition, the ambulatory bound-
Representatives of the V Unitey LLstatesa of that the Proposal is rejected. If all concur,; ..' .
LrY has created a situation that en- America in Congress assembled, That this that the proposed immobilization is in the
eourages endless and expensive litiga- Act may be cited as the "Seabed Boundary best interests of the United States, the'At
tion since, due to rapid changes in the Act." torney General shall notify the Governor .
coastline, the determination of the TITLE I and Attorney General of the State that the
boundary may be relitigated shortly BOUNDARY AGREEMzNTB Proposal is accepted and shall deposit in
s
"`
pu `' 111 concurrence of the Secretary of State, the iisned m the .Federal Register the docu?
provision would help to put an end to Secretary of the Interior, the -Secretary of ments received from the State and his cer-
the submerged land lltI at.inn mh1nh LIficatP of &&-t- t. .et-
us -11- neau -
plete description of the boundary referred
nas persisted over a 25-year span. Title of any Federal department or ag
ency havin
g
II also provides a means for a State administrative responsibility or jurisdiction to if the other documents do not contain,
such
a
description. Upon -such
Publication_
and the Federal Government to agree over any areas of the seabed and aubsoil?tn
, the
bbou
nd
ary so shall become that a final decrees of the Supreme volved, is authorized to agree with similarly Immovable Court establishing a hn?nAar? a.. _ authorized officials of any :~tnt,. .. t., ti.. boundary for the purposes of de
manent. specuic description of all or part of the ... "" ?""' vl we seaoea or suosou in
which. the United States and the State. are
...., .. .
boundary between the areas of the s---A
W_____
hich States may waive any rights ac- the State subsoil
are respectively entitleda on the
cruing from changes in the coastline, date of agreement, to control the explora-
Under present law, Federal approval is tion for and exploitation of the living and,
required when a State seeks to proceed or non-living natural resources. Whenever
with the construction of an artifical such an agreement has become binding on
structure that will extend from the vested in
e, e the officials negotiating ontbeha f
natrua] coastline beyond the area of of the State or by virtue of subsequent rati-
State jurisdiction- When this occurs, fication by the State in the manner pro-
States usually waive their rights to vided by the law of the State, the Governor
this land in order to secure Federal ap- and Attorney General of the State shall so
proval for the construction. Title III certify and shall cause the agreement to be
merely preserves this process and es- deposited, with their certificate in the Na-
tablishes a procedure for handling tional Archives and to be published in the
Federal Register.
'such
i
wa
vers It is important t
.o rec- S . Areement entered into under
ognize that this provision will only be this Title shall determine the location of
necessary until that time when the the boundary until modified by a subse?
States and Federal Government agree quent agreement or the decree of a'court of,
freeze the boundary in accordance competent jurisdiction. It is recognized that'
with title II of this Act. changes in the coastline may .justify.
chan
res in the boundary. In such case
Title N makes clear that boundaries eith
e
subsequent seek such changes
- determined under this act shall not through a subsequ may
agreement or judicial
affect th
l
e
ocation of the teitil
rrora decree. However, such subsequent agree-
sea of the United States of Its base- ment or decree shall have no retroactive
line. effect.
Mr. President, this legislation will TITT.EII
facilitate : the Process of establishing nmmoBrrazATxox or BoUNnAnrffi
seabed boundaries between Federal SEC. 201. Whenever the entire boundary
and State subaqueous lands. Even between the areas of the seabed and subsoil
more importantly, this bill would im- in which the United States and a state are
element a means of rendering these respectively entitled to control the explora-
boundaries tion for and exploitation of the natural re-
permanent, thus eliminat- sources has .been specifically described by
ing the confusion that derives from one or more final decrees and agreements,
the ambulatory state of current . and if no legal proceeding is pending to
boundaries. The newly fixed bound- revise the description of any part of such
Aries will aid in the development of boundary, the United States or' the State
the petroleum resources on the outer may propose to mobilize the.. entire
continental shelf: Petroleum lessee boundary as so described. -
SEC. 202. The proposal may be Initiated by
companies will be able to move more
t
develo
-
p these energy
sources than if they were required to
wend their way through the litigious
maze.
.
err
ori
Industry, but the Fedora] Government nish to the Attorney General of the United shall any such agreement be determinative:
States a copy of the statute or other docu- -of state boundaries or any purpose except,,
and States would also benefit from ment embodvina the state anti..., to
oxploration fog ~,~~.,__ _
th
ge
er
lug the air of uncertainty vxnaiicauon mat it Is In compli- urw resources of the ance with and effective under the constitu. eluding the regulation and seabed taand xation othere
our national seabed boundari
Lion and law
of th
'
I l
s
es
e
State of~
ook
... forward to the expeditious considera- SEC. 203. The Attorney General of the
lion of this bill and urge my colleagues united states shall consult with-the SecreAtumself
to Join me by lending their support. Lary of State. Secretary of the Interior, Soo- ~.+utl Yt~!'a
'xnsrE
Y.
t
re
ary of Commerce and the' Secretary or Ig`t~' ^`b 1b to:-z;me id title
Mr. President,
I would like 'to re- other head of any Federal department or
United States Code, to revise 'the au
Quest unanimous consent that the text agency having administrative responsibilit
y
of this bill be printed in the RECORD at or jurisdiction over any areas of the seabed thority to reimburse Federal employ
the conclusion of my remarks. or subsoil involved as to whether the pro ees
for certain moving expenses in-
There being no .objection, the bill posed, Immobilization is in the best interest :-curred by such employees in cones
eras ordered to be of the United States. if any Secretary, the ?tion with a transfer or reassignment in.
printed in , the Attorney Genera] or other head of any Fed. the interest of the Government from
RECORD, as follows: eral.department or agency beleives it is not, ;one official :duty station or agency to
Approved For Release 2008/03/14: CIA-RDP85BO1152R000400530014-3
nonliving natural resources as provided in
th
e agreement and regulatid tti
on anaxaon
thereof; but such boundary shall 'have no
other legal effect. _ a.__
;
,
.Sac. 204. Whenever the'.extent ,~f-.:the
merged Lands Act has been determined by.a".
.h -
_ _
final d__yl _
f
U
said decree and shall not be ambulatory in
acquired by said state under the Submerged
Lands Act, unless within two. years of the
ly objects to thelmmobilization of such line ;: ,`::
An
h
b
_
y suc
o
j
tio
national Archives and 'published in the Fed-
eral Register..
.
T rrLE33I'? ''; -y
the living and/or nonliving ?. natural = re`
would accrue to it as a result of -changes in
signed by the .Attorney General, and the: :
Secretary of the Interior -with the.concar-:-
rence of .the Secretary or.head of any Feder-
l d
m
a
epart
ent or agency having adininistra;
tive cognizance or jurisdiction . over any.
State, the Attorney General -shall, when:. ,..
cause it to be deposited in the National 'Ar
chives and a copy be published in the Feder.
al Register.
initiated by the State it may be taken In any termine, or prejudice the location of the ter
way authorized by the constitution and laws ritorial sea of the United States or the base-
of the State, provided that the Governor line from which the breadth of the t
; .'
it
j
 Approved For Release 2008/03/14: CIA-RDP85B01152R000400530014-3
? ?
812758 CONGRESSIONAL RECORD - SENATE
September 22, 1989
another for permanent duty; to the There being no objection, the bill adding after section 5724a the following new
Committee on Governmental Affairs. was ordered to be printed in the section:
'..
AYI
Representatives of they United States of "(a) Under such regulations as the Presi-
e
TRTBLlionI's) that and will I are correct several' i introducing legislanequities- America in Congress assembled, That (a) dent may prescribe and to the extent con-
that presently exist when Federal em- section 5723(a)(1) of title 5, United States sidered necessary and appropriate, as pro-
- is nma wlnR - - -
?~?v~aLcu arum one geo- (1) by inserting "(A)". after "travel ex-
graphic area to another to meet the penses"; '
needs of their Federal agency. These. (2) by striking out "manpower shortage
relocations are most often. directed by or" and inserting in lieu thereof "manpower
th
'
e agency-employer, shortage, (B)
: and
According to statistics furnished by (3) by inserting ", or (B) of any person ap-
the Internal Revenue Service, Federal . advice and consent-o ent, ithe Senatand e, toiahpos
employees who must move as an obli- tion the rate of pay for which Is equal to or
gation of their Federal careers incur, higher than the minimum rate of pay pre-
.on the average,. $8,000 -Worth of scribed for GS-16" after "Senior Executive
moving expenses that are over and Service".
above what their agency-employer is (b) Sections 5724(a)(2) and 5726(b) of title
5
U
i
,
n
ted States Code, are each amended by
allowed by law to provide. The em-
ployees must pay this added cost out striking Out "11'000" and inserting in lieu
of their own pockets.- thereof '18,000".
(c) Secti
57
on
24(b)(1) of title 5, United
'The Department of Defense Agen States Code, is amended by striking out
'_
niece th
?` - _ _ .'
- - --
not
ex
e FBI
Administration, the Secret 'Service. (d) Section 5724 of title 5, united States
tine ik(,S, and the Bureau of Customs
-allmust move many of their middle.
and high-level' employees back ' and
forth from the field and headquarters
to insure orderly rotation, better serv-
ice, and the many other management
services.
In addition, many activities-such as
'Department of Defense-R&D labora-
tories-are hampered in recruiting
qualified professionals because of ex-
isting restrictions on reimbursing The
to`accept a Federal position.'.The-pri
Everyone is losing in the current sit.
uation.- Well qualified Federal employ-
ees are faced with the choices of leav-
ing Government service.or paying out
of their pocket thousands of dollars in
moving expenses.' Government agen-
cies are ?. at it disadvantage recruiting
and -retaining high quality profession
als,-, - managers,-,- and executives
The
.
taxpayers are losing when these prac.
thereof the following new subsection: -_ --
"(J) The regulations prescribed under this
section shall provide that the reassignment
or transfer of any employee, for permanent
duty, from one official station or agency to
another which is outside the employee's
commuting area shall take effect only after
the employee has been given advance notice
for a reasonable period. Emergency circum.
stances shall be taken into account in deter-
mining whether the ,period of advance
notice is reasonable.".
(e) Section 5724a(a)(3) of title 5, United
States Code, is amended-
(1) in the first sentence thereof, by strik.
ing out "30 days" and inserting in lieu
thereof "60 days"; and
(2) by striking out the second and fourth
sentences thereof and inserting after the
first sentence the following: "The period of
residence in temporary quarters may be ex-
tended for an additional 60 days if the head
of the agency concerned or his designee de-
termines that there are compelling reasons
for the continued occupancy of temporary
quarters.".
(f) Section 5724(a)(4) of title 5, United
States Code, is amended- '
(1) by inserting "(A)" after "W"; and
(2) by adding at the end thereof the fol-
lowing new subparagraph:
tires are adversely affecting the Gov- (B)(i) In connection with the sale of the
residence at the old official station, reim-
ernment's ability to employ the best. bursement under this paragraph shall not
The bill I am introducing will go a exceed
10 percent of th
.
e sale price or
long way toward relieving these prob- $15,000, whichever is the lesser amount.
isms, and a companion measure, fi.R., -(ii) In connection with the purchase of a
3852, has been introduced by my col- residence at the new official station, reim-
exceea a percent of the purchase price -or.
FRANK ~ WOLF. This legislation will $7,500, whichever is the lesser amount.
apply only to moves that
i
are cert
fied "(iii) Effective October 1 of each year, the
by each agency to be in the best inter respective maximum dollar -amounts appli-
est of the Government. I.believe this cable under clauses (1) and (ii)
h
ll b
s
a
e in.
bill will result in fewer, better and creased by the percent change, if any, in the
for the fair treatment of our employ- ber of the preceding year over that pub
an equal footing with the, private . Fora co the nearest one-tenth of ,
sector.. Percent. For the purpose of this clause,
C
onsumer Price Index' means the Consum-
For these reasons, I urge support for* er Price Index for All Urban Consumers,
hi
l
t
s
egislation. United States City Average, Housing Com-
Also,' I ask unanimous consent that Ponent 100), prepared by the Bureau
the entire text of the bill be:printed at Of Labor r Statistics. Department of labor.".
(g)(1)(A) Subchapter II of chapter 57 of
this point in the R.> roan . .,.. _ - _.
dENT OF CERTAIN MOVING EXPENSES' RECORD, as follows: "?5724b. Taxes on reimbursements for travel.
? Mr. WARNER. Mr.... President' S. 1879 transportation, and relocation expenses of em.
available to an agency for administrative ex-
penses are available for the reimbursement
of all or part of the Federal, State, and city
income taxes incurred by an employee
or
,
by an employee and such employee's spouse
(if filing jointly), for any moving or storage
expenses furnished in kind, or for which re-
imbursement or an allowance is provided
(but only to the extent of the expenses paid
or incurred).. Reimbursements under this
subsection shall also include an amount
equal to all income taxes for which the em-
ployee, or the employee and spouse, as the
case may be, would be liable due to the re-
imbursement for the taxes referred to in
the first sentence of this subsection.
"(b) For the purpose of this section,
'moving or storage expenses' means travel
and transportation expenses (including stor-
age of household goods and personal effects
'under section 5724 of this title) and other
relocation expenses under sections 5724a
and 5726(c) of this title.".
`(B) The chapter analysis at the beginning
of chapter 57. of title 5, United States Code,
is amended by Inserting after the item relat-
ing to section 5724a the following new item:
"5724b. Taxes on reimbursements for travel.
transportation, and relocation
expenses of -employees trans-
ferred.".
(2) Section 5724(1) of title 5, United States
Code,- is amended by striking out "5724a"
and inserting in lieu thereof "5724a, 5724b,".
SEC. 2. The amendments made by this Act
shall be carried out by agencies by the use
of funds appropriated or otherwise available
for the administrative expenses of each of
such respective agencies. The amendments
made by this Act do not authorize the ap-
propriation of funds in' amounts exceeding
the sums already authorized to be appropri-
ated for such agencies. .
SEC: 3. (a) The amendments made by this
Act shall take effect on the date of the en-
actment of this Act.
(b) Not later than thirty days after the
date of the enactment of this Act, the Presi-
dent shall prescribe the regulations required
under the amendments made by this Act.
Such regulations shall take effect as of such
date of enactment.-
By Mr. CRANSTON (for himself
and Mr. TsoNGAS):
S.J. Res. 169. Joint resolution con-
cerning the assassination of Benigno
Aquino; to the Committee on Foreign
Relations.
ASSASSINATION OF EENIGNO AQUINO
Mr. CRANSTON.' Mr. President, I
am pleased to join with Senator TsoN-
GAS in introducing -a joint resolution
that expresses the grief and outrage of
U.S. citizens over the murder of Sena-
tor Benigno Aquino of the Philippines.
Benigno Aquino was a man of great
courage and conviction. He spent his
career working for the betterment of
his fellow citizens. He willingly faced
death for his beliefs in freedom and
democracy for the people of the Phil-
ippines. He suffered years of "prison-
ment and exile for his convections. I
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