[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Proposed Rules]
[Pages 36312-36313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14087]



[[Page 36311]]

Vol. 78

Monday,

No. 116

June 17, 2013

Part II





Office of Personnel Management





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5 CFR Part 550





Flag Recognition Benefit for Fallen Federal Civilian Employees; 
Submission for Review: Application for U.S. Flag Recognition Benefit 
for Deceased Federal Civilian Employees, OPM 1825; Proposed Rule and 
Notice

  Federal Register / Vol. 78 , No. 116 / Monday, June 17, 2013 / 
Proposed Rules  

[[Page 36312]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AM58


Flag Recognition Benefit for Fallen Federal Civilian Employees

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing 
proposed regulations to implement the Civilian Service Recognition Act 
of 2011. The proposed regulations will assist agencies in administering 
a United States flag recognition benefit for fallen Federal civilian 
employees, and describe the eligibility requirements and procedures to 
request a flag.

DATES: OPM must receive comments on or before August 16, 2013.

ADDRESSES: You may submit comments, identified by ``RIN 3206-AM58,'' 
using any of the following methods:
    Federal eRulemaking Portal: Submit comments electronically to 
http://www.regulations.gov. Follow the instructions for submitting 
comments.
    Email: Send to [email protected]. Include ``RIN 3206-
AM58'' in the subject line of the message.
    Fax: Send to (202) 606-4264.
    Mail, Hand Deliver/Courier comments: Address comments to Mr. 
Stephen T. Shih, Deputy Associate Director, Senior Executive Service 
and Performance Management, Suite 7412, 1900 E Street NW., Washington, 
DC 20415-1000.

FOR FURTHER INFORMATION CONTACT: Nikki Johnson at (202) 606-2720, by 
fax at (202) 606-4264, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management, 
following coordination with the U.S. Department of Defense and the U.S. 
Department of Homeland Security, is issuing proposed regulations to 
implement the Civilian Service Recognition Act of 2011 (Pub. L. 112-73, 
December 20, 2011), hereafter referred to as the ``Act.'' Congress 
passed the Act to acknowledge that the Federal Government's unique 
mission requires some Federal civilian employees to be subjected to 
dangerous situations. For those civilian employees who die in the 
course of serving their country, the Act authorizes agency heads to 
give United States flags to beneficiaries as a way to formally express 
sympathy and gratitude on behalf of the Nation.
    The Act, together with these proposed regulations, provides 
policies for recognizing deceased Federal civilian employees for their 
duty and sacrifice. Prior to this legislation, a few agencies had 
limited authority to do so. Under the Act, Executive agencies, the 
United States Postal Service, and the Postal Regulatory Commission may 
furnish flags on behalf of employees who die of injuries incurred in 
connection with their employment as a result of criminal acts, acts of 
terrorism, natural disasters, or other circumstances as determined by 
the President.
    OPM is amending part 550 of title 5, Code of Federal Regulations, 
by adding a new subpart (subpart O) titled ``Flag Recognition Benefit 
for Fallen Federal Civilian Employees'' that establishes a 
comprehensive Governmentwide approach to honor Federal civilian 
employees who die of certain injuries incurred in connection with their 
employment. These regulations also provide agencies flexibility to 
develop additional procedures when honoring these employees.

Approach

    OPM conferred with the Senior Executives Association, one of the 
principal supporters of the Act, to better understand the full intent 
behind this legislation. In addition, OPM talked with representatives 
from the U.S. Department of Veterans Affairs and the National Funeral 
Directors Association to determine how they administer similar 
benefits. Finally, OPM coordinated with the Department of Defense and 
the Department of Homeland Security, as specified by the Act, to obtain 
input in drafting this proposed regulation.

Regulation

    The proposed regulations clarify that an agency may furnish a flag 
only for an employee who died on or after December 20, 2011, the 
effective date of the legislation authorizing the flag recognition 
benefit. The employee's death must be the result of injuries incurred 
in connection with his or her employment with the Federal Government 
under certain circumstances. Furnishing the flag is not limited to 
burial purposes or functions.
    The regulations include the four circumstances specified by statute 
that may warrant such employee recognition--death resulting from a 
criminal act, an act of terrorism, a natural disaster, or other 
circumstances as determined by the President. To be eligible, the 
employee's injuries must occur because of the employee's status as a 
Federal employee, thereby excluding accidents that happen in the normal 
course of events.
    The proposed regulations define various terms used and describe 
beneficiary and agency responsibilities. The beneficiary must request a 
flag from the employing agency. The request must be in a format 
specified by the employing agency, which often might be in writing 
(including electronic formats), and include any necessary documentation 
required by the agency. To assist beneficiaries and agencies with 
written requests, OPM will create an optional form for requesting a 
flag. In addition, agencies should reach out to survivors of employees 
who die of injuries incurred in connection with their employment to 
provide information and offer assistance in obtaining flags. Agencies 
will determine how to procure and distribute flags for this purpose in 
a manner that is most efficient and cost-effective for the agency while 
keeping in mind the meaningfulness of prompt delivery to beneficiaries. 
Agencies may choose to coordinate with other agencies or organizations 
to furnish flags.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the U.S. Office of Management and 
Budget in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 550

    Administrative practice and procedure, Claims, Government 
employees, Wages.

U.S. Office of Personnel Management.
Elaine Kaplan,
Acting Director.
    Accordingly, OPM is proposing to amend part 550 of title 5, Code of 
Federal Regulations, by adding a new subpart O to read as follows:

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart O--Flag Recognition Benefit for Fallen Federal Civilian 
Employees

    Authority: 5 U.S.C. 5570 note; also issued under Sec. 2 of Pub. 
L. 112-73, 125 Stat. 784-785.

Sec.
550.1501 General.
550.1502 Coverage.
550.1503 Definitions.

[[Page 36313]]

550.1504 Eligibility.
550.1505 Order of precedence.
550.1506 Beneficiary responsibilities.
550.1507 Agency responsibilities.


Sec.  550.1501  General.

    (a) Statutory authority. This subpart implements the note in 
section 5570 of title 5, United States Code, as added by the Civilian 
Service Recognition Act of 2011 (Public Law 112-73; December 20, 2011), 
which authorizes agencies to give a flag of the United States to the 
beneficiary of Federal civilian employees who die under specific 
circumstances.
    (b) Effective date. Agencies may furnish a flag to the beneficiary 
(as defined in Sec.  550.1503) of an eligible employee (as specified in 
Sec.  550.1504) who died on or after December 20, 2011.


Sec.  550.1502  Coverage.

    This subpart applies to--
    (a) Executive agencies as defined in section 105 of title 5, United 
States Code, the United States Postal Service, and the Postal 
Regulatory Commission; and
    (b) Employees as defined in section 2105 of title 5, United States 
Code; an officer or employee of the United States Postal Service; and 
an officer or employee of the Postal Regulatory Commission.


Sec.  550.1503  Definitions.

    In this subpart--
    Agency means an Executive agency as defined in 5 U.S.C. 105, the 
United States Postal Service, or the Postal Regulatory Commission.
    Authorized agency official means the head of an agency or an 
official who is authorized to act for the head of the agency in the 
matter concerned.
    Beneficiary means the eligible person who can request the flag 
following the order of precedence specified in Sec.  550.1505.
    Employee means an employee as defined in section 2105 of title 5, 
United States Code; an officer or employee of the United States Postal 
Service; and an officer or employee of the Postal Regulatory 
Commission.
    Flag means a standard United States flag that is at least 3 feet by 
5 feet.


Sec.  550.1504  Eligibility.

    (a) An authorized agency official may, upon the request of a 
beneficiary, furnish one United States flag for an individual who--
    (1) Was an employee of the agency at the time of death; and
    (2) Died of injuries incurred in connection with such individual's 
employment with the Federal Government suffered as a result of--
    (i) A criminal act;
    (ii) An act of terrorism;
    (iii) A natural disaster; or
    (iv) Other circumstances, as determined by the President.
    (b) An authorized agency official may not furnish a flag when the 
death is the result of--
    (1) Unlawful or negligent action of the employee;
    (2) Willful misconduct of the employee; or
    (3) Activities unrelated to the employee's status as a Federal 
employee.
    (c) The decision whether to furnish a flag to the beneficiary of an 
eligible employee is at the discretion of the agency. When an 
authorized agency official determines the agency will furnish a flag 
for a deceased eligible employee, the official must follow the order of 
precedence specified in Sec.  550.1505.


Sec.  550.1505  Order of precedence.

    Flags must be issued in the following order of precedence--
    (a) The widow or widower;
    (b) If none, to a child (including step, foster, or adopted child), 
according to age (i.e., oldest to youngest);
    (c) If none, to a parent (including step, foster, or adoptive 
parent);
    (d) If none, to a sibling (including step, half, or adopted 
sibling), according to age (i.e., oldest to youngest);
    (e) If none, to any individual related by blood or close family 
affiliation.


Sec.  550.1506  Beneficiary responsibilities.

    When requesting a flag for an eligible employee, a beneficiary 
must--
    (a) Submit a request to the employing agency. The beneficiary will 
submit the request --
    (1) In the format required by the agency, which is usually written 
and can include electronic submissions; and
    (2) Within any timeframe the agency establishes, particularly as 
may be needed to adhere to the order of precedence established in Sec.  
550.1505;
    (b) Establish his or her relationship to the deceased employee so 
that the authorized agency official can determine whether the 
beneficiary may receive the flag, consistent with the order of 
precedence under Sec.  550.1505; and
    (c) Provide any documentation on the date and nature of death of 
the employee requested by the authorized agency official to confirm the 
employee's eligibility.


Sec.  550.1507  Agency responsibilities.

    To efficiently and effectively implement the provisions of the law 
and these regulations, the agency must--
    (a) Establish procedures for procuring and furnishing a flag, 
including reaching out to survivors of known eligible employees to 
provide information and offer assistance on obtaining a flag;
    (b) Notify its employees of the flag benefit and remind them 
annually, usually as part of the agency's regular benefits information 
sharing;
    (c) Disclose information necessary to prove that a deceased 
individual is an eligible employee as described in Sec.  550.1504 to 
the extent that such information is not classified and to the extent 
that such disclosure does not endanger the national security of the 
United States.

[FR Doc. 2013-14087 Filed 6-14-13; 8:45 am]
BILLING CODE 6325-39-P