[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Proposed Rules]
[Pages 45781-45784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22915]
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GENERAL SERVICES ADMINISTRATION
41 CFR Chapters 300 and 303
[FTR Amendment____--1998 Edition]
RIN 3090-AG76
Federal Travel Regulation, General and Payment of Expenses
Connected With the Death of Certain Employees
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule amends the Federal Travel Regulation (FTR)
provisions pertaining to which employees are subject to the FTR rules
governing payment of expenses in connection with death of employees or
[[Page 45782]]
their immediate family members. This proposed rule sets forth the
allowable expenses authorized by 5 U.S.C. 5742 for the preparation and
transportation of the remains of a deceased employee, and for the
transportation of the immediate family and household goods of a
deceased employee, 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 or in transit
thereto or therefrom.
DATES: Comments must be received on or before October 26, 1998.
ADDRESSES: Send comments to the General Services Administration, Office
of Governmentwide Policy, Office of Transportation and Personal
Property, Travel and Transportation Management Policy Division (MTT),
1800 F Street, NW, Washington, DC 20405-0001. Telefax: 202-501-0349. E-
mail: sandra.batton@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Technical Information: Sandra Batton,
telephone (202) 208-7642. FTR ``plain language'' format: Internet
General Services Administration (GSA), ftrtravel.chat@gsa.gov.
SUPPLEMENTARY INFORMATION: There are significant changes in this
proposed rule regarding payment of expenses in connection with the
death of employees and their immediate family members. This proposed
rule amends FTR parts 300-2 and 300-3 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 an employee and/or
his/her immediate family member.
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. Use of the pronouns ``we'', ``you'',
and their variants throughout these chapters refer to the agency.
What Are the Significant Changes Proposed?
There are significant changes in the proposed rule as compared to
the provisions for payment of death-related expenses currently
contained in Chapter 303. The proposed 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 payment or continued payment of relocation expenses of
employee's immediate family when the employee dies before completion of
relocation; and
(d) Requires mandatory payment of allowable death-related expenses.
GSA has determined that this proposed rule is not a significant
regulatory action for the purposes of E.O. 12866 of September 30, 1993.
This proposed rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act does not apply. The Paperwork Reduction Act does not apply, because
the proposed 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 under 44 U.S.C. 501 et
seq. This proposed 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 Chapters 300 and 303
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, it is proposed that 41
CFR Chapter 300 be 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); 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 provisions
For are contained in And the agency provisions are contained in
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Chapter 301............................ Subchapters A, B, and C.. Subchapter D.
Chapter 303............................ N/A...................... Subparts A, B, C, D, E and F.
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PART 300-3--GLOSSARY OF TERMS
3. Section 300-3.1 is amended by adding in alphabetical order the
term ``Mandatory mobility agreement'' to read as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Mandatory mobility agreement--Agreement used for civilian mobility
programs for enhancing career development and progression and/or
achieving mission effectiveness.
* * * * *
4. 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
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 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?
[[Page 45783]]
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 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
actual 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 his/her 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
Note to Subpart A: When an employee dies while performing, or
from injuries resulting from performance of, 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.
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) Assigned 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 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.
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;
and
(4) Expenses necessary to comply with local laws at the port of
entry in the United States, and
(b) Transportation 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 actual residence 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/or
(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 place of burial cannot exceed the actual cost to the place
of actual residence.
Subpart D--Transportation of Family Members, Baggage, and Household
Goods
Sec. 303-70.300 Must we pay transportation costs to return the
deceased employee's baggage?
Yes, to the employee's official duty station or actual 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 actual
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 actual 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.
[[Page 45784]]
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 it 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 his/her 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 they were 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 Secs. 303-70.303 and 303-70.304?
When the immediate family chooses, 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 spouse and/or 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 and supplies are not
available; or
(b) The cost of available mortuary facilities and supplies are
prohibitive as determined by your agency head.
Note to Sec. 303-70.400: The employee must reimburse you for all
authorized 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 actual residence of the dependent. 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 actual 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?
Yes, if requested by the employee. You must follow the guidelines
in Sec. 303-70.400 and Sec. 303-70.401 for payment of these expenses.
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.
Dated: August 19, 1998.
John G. Sindelar,
Acting Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 98-22915 Filed 8-26-98; 8:45 am]
BILLING CODE 6820-34-P
