[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  PROVIDING TRANSPORTATION EXPENSES FOR FAMILY OF CAREER APPOINTEE IN 
  SENIOR EXECUTIVE SERVICE WHO DIES AFTER TRANSFERRING TO AN OFFICIAL 
                              DUTY STATION

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4549) to amend title 5, United States Code, to provide for 
travel and transportation expenses for the family of a career appointee 
in the Senior Executive Service who dies after transferring in the 
interest of the Government to an official duty station and who was 
eligible for an annuity at the time of death, and for other purposes.
  The Clerk as follows:

                               H.R. 4549

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TRAVEL AND TRANSPORTATION EXPENSES FOR FAMILY 
                   MEMBERS OF CAREER APPOINTEES.

       Paragraph (3) of section 5724(a) of title 5, United States 
     Code, is amended to read as follows:
       ``(3) upon the separation (or death in service) of a career 
     appointee, as defined in section 3132(a)(4) of this title, 
     the travel expenses of that individual (if applicable), the 
     transportation expenses of the immediate family of such 
     individual, and the expenses of moving (including 
     transporting, packing, crating, temporarily storing, draying, 
     and unpacking) the household goods of such individual and 
     personal effects not in excess of eighteen thousand pounds 
     net weight, to the place where the individual will reside 
     (or, in the case of a career appointee who dies in service or 
     who dies after separating but before the travel, 
     transportation, and moving is completed, to the place where 
     the family will reside) within the United States, its 
     territories or possessions, the Commonwealth of Puerto Rico, 
     or the areas and installations in the Republic of Panama made 
     available to the United States pursuant to the Panama Canal 
     Treaty of 1977 and related agreements, as described in 
     section 3(a) of the Panama Canal Act of 1979, if such 
     individual--
       ``(A) during or after the five years preceding eligibility 
     to receive an annuity under subchapter III of chapter 83, or 
     of chapter 84 of this title, has been transferred in the 
     interest of the Government from one official station to 
     another for permanent duty as a career appointee in the 
     Senior Executive Service or as a director under section 
     4103(a)(8) of title 38 (as in effect on November 17, 1988); 
     and
       ``(B) is eligible to receive an annuity upon such 
     separation (or, in the case of death in service, met the 
     requirements for being considered eligible to receive an 
     annuity, as of date of death) under the provisions of 
     subchapter III of chapter 83 or chapter 84 of this title.''.

     SEC. 2. EFFECTIVE DATE.

       (a) In General.--This Act and the amendment made by this 
     Act shall take effect on October 1, 1994, or, if later, the 
     date of the enactment of this Act.
       (b) Special Rule.--
       (1) In general.--Under regulations prescribed by the 
     President or his designee, an agency shall, as appropriate, 
     pay or make reimbursement for any moving expenses which would 
     be payable under the provisions of section 5724(a)(3) of 
     title 5, United States Code, as amended by section 1 (but 
     which would not have been payable under such provisions, 
     as last in effect before being so amended).
       (2) Applicability.--The moving expenses to which this 
     subsection applies are--
       (A) those incurred by the family of an individual who 
     died--
       (i) before separating from Government service; and
       (ii) during the period beginning on January 1, 1994, and 
     ending on the effective date of this Act; and
       (B) those incurred, in the case of an individual who would 
     have met the requirements for being considered a director 
     under section 4103(a)(8) of title 38, United States Code (as 
     in effect on November 17, 1988), with respect to a move that 
     occurred during the period beginning on October 1, 1992, and 
     ending on the effective date of this Act.
       (3) Condition.--Payment or reimbursement under this 
     subsection may not be made except upon appropriate written 
     application submitted within 12 months after date on which 
     the regulations referred to in paragraph (1) take effect.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan [Mr. Conyers] will be recognized for 20 minutes, and the 
gentleman from Pennsylvania [Mr. Clinger] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Michigan [Mr. Conyers].
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. CONYERS asked and was given permission to revise and extend his 
remarks.)
  Mr. CONYERS. Mr. Speaker, H.R. 4549, a bill introduced by Delegate 
Eleanor Holmes Norton, would correct a deficiency in the law governing 
travel by civil servants and their families.
  Currently, Senior Executive Service members are entitled to certain 
travel expenses for the so-called last move home. However, if that 
individual dies prior to the return home, the immediate family is not 
eligible for those expenses. A small number of cases have arisen 
recently where the widows of career SES members have been denied 
expenses for returning to their home bases.
  H.R. 4549 would correct this deficiency by amending section 5724(a) 
of title 5, United States Code, to extend agency coverage of travel and 
transportation expenses for moving household goods and personal effects 
of eligible SES career appointees to the place where the appointee will 
reside, even where the eligible appointee dies before actually 
separating or retiring from federal service.
  The bill would take effect as of January 1, 1994, and limits 
reimbursements to the family of any career appointee who dies before 
separating from Government service to the actual amount of travel and 
transportation expenses.
  I urge the adoption of H.R. 4549.
  Mr. Speaker, I again commend my colleague in the committee, the 
ranking member, the gentleman from Pennsylvania [Mr. Clinger].
  Mr. Speaker, I reserve the balance of my time.
  Mr. CLINGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4549 and want to commend the 
gentlewoman from the District of Columbia [Ms. Norton] for her efforts 
on this matter.
  Last move home benefits are available to career Senior Executive 
Service employees who, during the last years of the Government service, 
agree to relocate to fill critical positions in another geographic 
location. This benefit was established in 1988 because many senior 
executives were choosing to accept early retirement rather than absorb 
the cost of moving home after being transferred to another geographic 
area.
  Within certain parameters, this benefit is also available to the 
immediate families following the death of the transferred employee. 
Unfortunately, the General Services Administration has interpreted the 
law in a manner that excludes from coverage the families of deceased 
employees, unless death occurred after the date of actual retirement.
  This unfortunate situation was highlighted during the past year when 
two employees of the Department of Veterans Affairs died who would have 
otherwise been eligible for the last move home benefit. As a result of 
the current interpretation of the law, their families were unable to 
receive this benefit merely because death occurred prior to retirement.
  In order to cover the two situations just mentioned, this legislation 
provides for retroactive eligibility for the last move home benefit to 
eligible families for the period beginning on January 1, 1994. It also 
provides eligibility for the nonphysician Medical Center Directors of 
the Department of Veterans Affairs. Due to a technical error in current 
law, the date ``November 27, 1988'' was inserted instead of Novenmber 
17, 1988.'' As a result, a number of DVA senior executive staff are 
currently ineligible for the last move home benefit.
  According to the Federal Executive Association, they are aware of 
only these two recent cases that will receive immediate benefit from 
this legislation. We all hope that this benefit will never have to be 
used in the future. But when tragedy does strike, it should not be a 
disqualifying factor for the immediate family of the deceased Federal 
employee to receive the last move home benefit.
  Mr. Speaker, this is a good bill. It received the unanimous approval 
of the Government Operations Committee. I urge my colleagues to support 
its adoption.

                              {time}  1840

  Mr. Speaker, this is a good bill. I commend the chairman, the 
gentleman from Michigan [Mr. Conyers], for his work on it. It is not a 
very elaborate bill. It just corrects what has clearly been an inequity 
in the way we have administered the last trip home, so it has received 
unanimous approval of the Committee on Government Operations.
  I would urge my colleagues to support adoption of it.
  Ms. NORTON. Mr. Speaker, H.R. 4549, which I introduced on June 8, 
1994, amends section 5724(a)(3) of title 5 of the United States Code to 
provide last move home benefits to the immediate family of SES career 
appointees who die in service prior to separating or retiring from 
Federal service. The benefit covers the moving and transportation 
expenses to a final place of residence.
  To be eligible for the benefit an SES career appointee must: First, 
have been transferred or reassigned geographically from one official 
station to another for permanent duty as a career appointee in the SES 
in the interest of the Government and at the Government's expense; 
second, be eligible to receive an annuity for optional retirement, be 
within 5 years of such eligibility, or be eligible to receive an 
annuity based on discontinued service retirement or early retirement; 
third,separate from Federal service on or after September 22, 1988; and 
fourth, be eligible to receive one of the above-mentioned annuities 
upon such separation.
  The General Services Administration [GSA] has developed regulations 
regarding the last move home benefit--41 CFR Ch. 302-1, subpart B--
which limit the benefit to eligible SES career appointees who actually 
separate or retire from Federal service. The result of such regulations 
is that the family members of SES career appointees who meet all the 
eligibility requirements for the benefit but who die before separating 
or retiring are denied the benefit. The Department of Veterans Affairs 
[DVA] has written to the Senior Executive Association and the GAO 
highlighting cases where the immediate family of SES career appointees 
have sought reimbursement from DVA for the cost of their last move 
home, but have been denied these reimbursements due to GSA's 
regulations.
  H.R. 4549 would amend the current statutory language regarding the 
last move home benefit to extend such benefits to the immediate family 
of eligible SES career appointees who die before separating or retiring 
from the Federal service.
  The Office of Management and Budget, the Office of Personnel 
Management, the DVA, and GSA have all informally indicated their 
support for the bill. I believe that need for this legislation is 
clear, and urge the subcommittee to adopt the bill.
  Mr. CLINGER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Abercrombie). The question is on the 
motion offered by the gentleman from Michigan [Mr. Conyers] that the 
House suspend the rules and pass the bill, H.R. 4549.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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