[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Rules and Regulations]
[Pages 2432-2436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-832]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-2, 300-3 and 303-70
[FTR Amendment 76--1998 Edition]
RIN 3090-AG76
Federal Travel Regulation, Payment of Expenses Connected With the
Death of Certain Employees
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Travel Regulation (FTR),
chapter 303, provisions pertaining to payment by the government of
expenses connected with the death of certain employees and their
immediate family members. This amendment implements the Administrator's
authority under 5 U.S.C. 5721-5738 and 5741-5742 to require agencies to
pay certain expenses in connection with the death of certain employees
and/or their immediate family members.
DATES: This final rule is effective March 1, 1999, and applies to
payment of expenses in connection with the death of certain employees
and their immediate family members on or after March 1, 1999.
FOR FURTHER INFORMATION CONTACT: Sandra Batton, telephone (202) 501-
1538.
SUPPLEMENTARY INFORMATION: This final rule amends FTR parts 300-2 and
300-
[[Page 2433]]
3 to incorporate FTR chapter 303 changes and implements the
Administrator of General Services' authority under 5 U.S.C. 5721-5738
and 5741-5742 to require agencies to pay certain expenses in connection
with the death of certain employees and/or their immediate family
members.
This final rule sets forth the allowable expenses authorized by 5
U.S.C. 5742 for the preparation and transportation of the remains of
certain deceased employees, for the transportation of the immediate
family and household goods of certain deceased employees, and for the
transportation of the remains of a member of the employee's immediate
family who dies while residing with the employee outside the
continental United States (CONUS) or in transit thereto or therefrom.
A. Background
A proposed rule with request for comments was published in the
Federal Register on August 27, 1998 (63 FR 45781). All comments
received were considered in the formulation of the final rule. The
Small Business Administration provided comments requesting provisions
for reimbursement of expenses for the escort (based on religious
beliefs) of remains, and transportation of the remains of an immediate
family member residing within CONUS. The United States Secret Service
provided comments requesting provisions for reimbursement of travel
expenses for the escort of remains when the employee dies while away
from his/her official duty station or assigned overseas in the interest
of the government. The Administrator of General Services does not have
authority under 5 U.S.C. 5721-5738 and 5741-5742 to authorize agencies
to pay these expenses.
The United States Secret Service also provided comments regarding
extension of the time provisions of Sec. 303-70.305. These comments
were not adopted because the General Services Administration (GSA)
believes that the benefits provided in Sec. 303-70.305 are adequate for
meeting the needs of the families.
This amendment is written in the ``plain language'' style of
regulation writing as a continuation of GSA's effort to make the FTR
easier to understand and use. The ``plain language'' style of
regulation writing is a new, simpler to read and understand, question
and answer regulatory format. Questions are in the first person, and
answers are in the second person. Throughout these chapters, the
pronouns ``we'', ``you'', and their variants are used to refer to the
agency.
What are the significant changes?
There are significant changes for payment of death-related
expenses. The final rule:
(a) Removes the $250 limit for preparation and transportation of
remains to allow payment of actual costs;
(b) Removes restrictions concerning the return of baggage;
(c) Allows continued payment of the relocation expenses of the
employee's immediate family when the employee dies before completion of
relocation; and
(d) Requires payment of allowable death-related expenses.
B. Executive Order 12866
GSA has determined that this final rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the revisions do
not impose recordkeeping or information collection requirements, or the
collection of information from offerors, contractors, or members of the
public which require the approval of the Office of Management and
Budget (OMB) under 44 U.S.C. 501 et seq.
E. Small Business Reform Act
This final rule is also 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 300-2, 300-3 and 303-70
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, 41 CFR parts 300-2, 300-
3 and 303-70 are amended to read as follows:
PART 300-2--HOW TO USE THE FTR
1. The authority citation for 41 CFR part 300-2 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. 486(c); 49 U.S.C. 40118;
E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
2. Section 300-2.22 is amended by revising the table to read as
follows:
Sec. 300-2.22 Who is subject to the FTR?
* * * * *
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The employee And the agency
For provisions are provisions are
contained in contained in
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Chapter 301,................ Subchapters A, B, Subchapter D.
and C,.
Chapter 303,................ N/A................. Subparts A, B, C, D,
E and F.
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[[Page 2434]]
PART 300-3--GLOSSARY OF TERMS
3. The authority citation for 41 CFR part 300-3 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. 486(c); 49 U.S.C. 40118;
E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
4. Section 300-3.1 is amended by adding in alphabetical order the
definition ``Mandatory mobility agreement'' to read as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Mandatory mobility agreement--Agreement requiring employee
relocation to enhance career development and progression and/or achieve
mission effectiveness.
* * * * *
5. 41 CFR chapter 303 is amended by removing parts 303-1 and 303-2;
and by adding new part 303-70 to read as follows:
Chapter 303--Payment of Expenses Connected With the Death of
Certain Employees
PARTS 303-1 and 303-2--[REMOVED]
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES
Subpart A--General Policies
Sec.
303-70.1 When must we authorize payment of expenses related to an
employee's death?
303-70.2 Must we pay death-related expenses when the employee's
death is not work-related?
303-70.3 Must we pay death-related expenses for an employee who
dies while on leave, or who dies on a nonworkday while on TDY or
stationed outside CONUS?
303-70.4 May we pay death-related expenses under this chapter if
the same expenses are payable under other laws of the United States?
Subpart B--General Procedures
303-70.100 May we pay the travel expenses of an escort for the
remains of the decedent?
303-70.101 Must we provide assistance in arranging for preparation
and transportation of employee remains?
Subpart C--Allowances for Preparation and Transportation of Remains
303-70.200 What costs must we pay for preparation and
transportation of remains?
Subpart D--Transportation of Immediate Family Members, Baggage, and
Household Goods
303-70.300 Must we pay transportation costs to return the deceased
employee's baggage?
303-70.301 Are there any limitations on the baggage we may
transport?
303-70.302 When the employee dies at or while in transit to or from
his/her official station outside CONUS, must we return the
employee's immediate family, baggage and household goods to the
residence or alternate destination?
303-70.303 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies while in transit to
his/her new duty station within CONUS?
303-70.304 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies after reporting to
the new duty station within CONUS, but the family was in transit to
the new duty station or had not begun its en route travel?
303-70.305 What relocation expenses must we authorize for the
immediate family under Secs. 303-70.303 and 303-70.304?
Subpart E--Preparation and Transportation Expenses for Remains of
Immediate Family Members
303-70.400 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, must
we furnish mortuary services?
303-70.401 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, must
we pay expenses to transport the remains?
303-70.402 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, may we
pay burial expenses?
303-70.403 When a family member, residing with the employee, dies
while in transit to the employee's duty station outside CONUS must
we furnish mortuary services, and/or transportation of remains?
Subpart F--Policies and Procedures for Payment of Expenses
303-70.500 Are receipts required for claims for reimbursement?
303-70.501 To whom should we make payment?
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR,
1971-1975 Comp., p. 586.
Subpart A--General Policies
Sec. 303-70.1 When must we authorize payment of expenses related to an
employee's death?
When, at the time of death, the employee was:
(a) On official travel; or
(b) Performing official duties outside CONUS; or
(c) Absent from duty as provided in Sec. 303-70.3; or
(d) Reassigned away from his/her home of record under a mandatory
mobility agreement.
Sec. 303-70.2 Must we pay death-related expenses when the employee's
death is not work-related?
Yes, provided the requirements in Sec. 303-70.1 are met.
Sec. 303-70.3 Must we pay death-related expenses for an employee who
dies while on leave, or who dies on a nonworkday while on TDY or
stationed outside CONUS?
Yes. However, payment cannot exceed the amount allowed if death had
occurred at the temporary duty station or at the official station
outside CONUS.
Sec. 303-70.4 May we pay death-related expenses under this chapter if
the same expenses are payable under other laws of the United States?
No.
Note to Subpart A: When an employee dies from injuries sustained
while performing official duty, death-related expenses are payable
under the Federal Employees' Compensation Act (FECA), 5 U.S.C. 8134.
For further information contact the Department of Labor, Federal
Employees' Compensation Division, 200 Constitution Avenue, NW,
Washington, DC 20210.
Subpart B--General Procedures
Sec. 303-70.100 May we pay the travel expenses of an escort for the
remains of the decedent?
No.
Sec. 303-70.101 Must we provide assistance in arranging for
preparation and transportation of employee remains?
Yes.
Subpart C--Allowances for Preparation and Transportation of Remains
Sec. 303-70.200 What costs must we pay for preparation and
transportation of remains?
All actual costs including but not limited to:
(a) Preparation of remains:
(1) Embalming or cremation;
(2) Necessary clothing;
(3) A casket or container suitable for shipment to place of burial;
[[Page 2435]]
(4) Expenses necessary to comply with local laws at the port of
entry in the United States; and
(b) Transportation of remains by common carrier (that is normally
used for transportation of remains), hearse, other means, or a
combination thereof, from the temporary duty station or official
station outside CONUS to the employee's residence, official station, or
place of burial, including but not limited to:
(1) Movement from place of death to a mortuary and/or cemetery;
(2) Shipping permits;
(3) Outside case for shipment and sealing of the case if necessary;
(4) Removal to and from the common carrier; and
(5) Ferry fares, bridge tolls, and similar charges.
Note to Sec. 303-70.200: Costs for an outside case are not
authorized for transportation by hearse. Costs for transportation by
hearse or other means cannot exceed the cost of common carrier (that
is normally used for transportation of remains). Transportation
costs to the place of burial cannot exceed the actual cost of
transportation to the employee's residence.
Subpart D--Transportation of Immediate Family Members, Baggage, and
Household Goods
Sec. 303-70.300 Must we pay transportation costs to return the
deceased employee's baggage?
Yes, you must pay transportation costs to return the deceased
employee's baggage to his/her official duty station or residence.
However, you may not pay insurance of or reimbursement for loss or
damage to baggage.
Sec. 303-70.301 Are there any limitations on the baggage we may
transport?
Yes. You may only transport government property and the employee's
personal property.
Sec. 303-70.302 When the employee dies at or while in transit to or
from his/her official station outside CONUS, must we return the
employee's immediate family, baggage and household goods to the
residence or alternate destination?
Yes. However, your agency head or his/her designated representative
must approve the family's election to return to an alternate
destination, and the allowable expenses cannot exceed the cost of
transportation to the decedent's residence. Travel and transportation
must begin within one year from the date of the employee's death. A
one-year extension may be granted if requested by the family prior to
the expiration of the one-year limit.
Sec. 303-70.303 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies while in transit to
his/her new duty station within CONUS?
Yes, if the immediate family chooses to continue the relocation,
you must continue payment of relocation expenses for the immediate
family if the immediate family was included on the employee's
relocation travel orders. (See Sec. 303-70.305.)
Sec. 303-70.304 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies after reporting to the
new duty station within CONUS, but the family was in transit to the new
duty station or had not begun its en route travel?
Yes, if the immediate family chooses to continue the relocation,
you must continue payment of relocation expenses for the immediate
family if the immediate family was included on the employee's
relocation travel orders. (See Sec. 303-70.305.)
Sec. 303-70.305 What relocation expenses must we authorize for the
immediate family under Sec. Sec. 303-70.303 and 303-70.304?
When the immediate family chooses to continue the relocation, the
following expenses must be authorized:
(a) Travel to the new duty station; or
(b) Travel to an alternate destination, selected by the immediate
family, not to exceed the remaining constructive cost of travel to the
new duty station.
(c) Temporary quarters not to exceed 60 days, to be paid at the per
diem rate for an unaccompanied spouse and immediate family.
(d) Shipment of household goods to the new or old duty station, or
to an alternate destination selected by the immediate family. However,
the cost may not exceed the constructive cost of transportation between
the old and the new duty stations.
(e) Storage of household goods not to exceed 90 days.
(f) Reimbursement of real estate expenses incident to the
relocation.
(g) Shipment of POV to the new or old duty station, or to an
alternate destination, selected by the immediate family. However, the
cost may not exceed the constructive cost of transportation between the
old and the new duty stations.
Subpart E--Preparation and Transportation Expenses for Remains of
Immediate Family Members
Sec. 303-70.400 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, must we
furnish mortuary services?
Yes, if requested by the employee and when:
(a) Local commercial mortuary facilities or supplies are not
available; or
(b) The cost of available mortuary facilities or supplies are
prohibitive as determined by your agency head.
Note to Sec. 303-70.400: The employee must reimburse you for all
furnished mortuary facilities and supplies.
Sec. 303-70.401 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, must we
pay expenses to transport the remains?
Yes, if requested by the employee, payment must be made to
transport the remains to the residence of the immediate family member.
The employee may elect an alternate destination, which must be approved
by your agency head or his/her designated representative. In that case,
the allowable expenses cannot exceed the cost of transportation to the
decedent's residence.
Sec. 303-70.402 When an immediate family member, residing with the
employee, dies while the employee is stationed outside CONUS, may we
pay burial expenses?
No.
Sec. 303-70.403 When a family member, residing with the employee, dies
while in transit to the employee's duty station outside CONUS must we
furnish mortuary services, and/or transportation of remains?
You must furnish transportation if requested by the employee. You
must follow the guidelines in Sec. 303-70.401 for transportation
expenses. You must furnish mortuary services only if the conditions in
Sec. 303-70.400 are met.
Subpart F--Policies and Procedures for Payment of Expenses
Sec. 303-70.500 Are receipts required for claims for reimbursement?
Yes.
Sec. 303-70.501 To whom should we make payment?
You should pay:
(a) The person performing the service; or
(b) Reimburse the person who made the original payment.
[[Page 2436]]
Dated: January 6, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-832 Filed 1-13-99; 8:45 am]
BILLING CODE 6820-34-P
