[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: [email protected].

FOR FURTHER INFORMATION CONTACT: Technical Information: Sandra Batton, 
telephone (202) 208-7642. FTR ``plain language'' format: Internet 
General Services Administration (GSA), [email protected].

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?

* * * * *

----------------------------------------------------------------------------------------------------------------
                                          The employee provisions                                               
                  For                         are contained in       And the agency provisions are contained in 
----------------------------------------------------------------------------------------------------------------
Chapter 301............................  Subchapters A, B, and C..   Subchapter D.                              
Chapter 303............................  N/A......................  Subparts A, B, C, D, E and F.               
----------------------------------------------------------------------------------------------------------------

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