TRANSPORTATION HOME OF THE REMAINS OF FEDERAL EMPLOYEES DYING IN ALASKA AND HAWAII
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Calendar No. 460
88TH CONGRESS SENATE REPORT
1st Session No. 484
TRANSPORTATION HOME OF TIIE REMAINS OF FEDERAL
EMPLOYEES DYING IN ALASKA AND HAWAII
Mr. JOHNSTON, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
The Committee on Post Office and Civil Service, to whom was
referred the bill (S. 1973) to amend the act of July 8, 1940, relatinm
to the transportation of the remains, families, and effects of Federal
employees dying abroad, so as to restore the benefits of such act
to employees dying in Alaska and Hawaii, and for other purposes,
having considered the same, report favorably thereon without amend-
ment and recommend that the bill do pass.
During the 1st session of the 87th Congress, the Comptroller General
proposed legislation to correct certain inconsistencies in existing law
concerning Federal employees serving in Alaska and Hawaii. S. 1458,
a bill to rectify these inconsistencies, was introduced and was favorably
reported upon to the committee by the General Accounting Office,
the Bureau of the Budget, the Civil Service Commission, and the
Department of the Army. The Bureau of the Budget and the Civil
Service Commission suggested an amendment making the measure
effective on the dates on which Alaska and Hawaii became States,
as it was on these dates that the inconsistencies arose. The amend-
ment was adopted by the committee, and S. 1458 was favorably
reported to the Senate (S. Rcpt. 484).
The measure passed the Senate on July 7, 1961, and was referred to
the House Post Office and Civil Service Committee. It was not
passed by the House, and it died at the end of the 87th Congress.
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IEDE , EMPLOYERS DYING IN ALASKA AND- F 'AII
015-3Y
S. 1973, now strongly recommended by the Federal Aviati In.
Agency, as well as those agencies cited above, is identical to S. 1415
as it passed the Senate.
The. act of July 8, 19-10, authorized the defrayment by the Govern-
ment ofthe expenses of (1) preparing and transporting to his former
home or place of interment the remains of a Federal cinployee w io
dies while performing official duties in a "territory or possession of
the United States," and (2) the expenses of transporting his famiily
and hou;reholc. effects to his former home.
These expenses were paid in the case of employees dying on du y
in the former territories of Alaska and Hawaii. Since Alaska arid
Hawaii becarr e States, however, the Comptroller General has vul d
that the authority of the act of July 8, 1940, has been canceled because
these geographical areas are no longer territories or possessions of the
United States.
On th,, other hand, the authority to pay a third category of e --
penses-preparation and transportation of the remains of dependents
of employees stationed in Alaska and Hawaii-remains in effe t.
This is so because applicable law in this instance (the act of July 15,
1954) contains the goooraphical description of "a place outside t re
continenal United States or in Alaska."
Thus, an inconsistency exists. Since the statehood of Alaska and
Hawaii, she remains of a deceased dependent of an employee may be
prepared and transported, but not the remains of the employee
himself.
This measure corrects the inconsistency of existing law by author-
izing the Government to pay the preparation and transportation
costs in each of the three cases:
1. The cost of preparing and transporting to his home or ofpici 1
station or place of interment the remains of an employee who di s
on duty in Alaska or Hawaii.
2. The cost of transporting to their homes a deceased employee s
dependents and his household effects.
3. The cost of preparing and transporting to their home or official
station or place of interment the remains of employees' dependen s
who die in Alaska or Hawaii.
S. 19731 has no effect upon existing law authorizing the return to
his home or o:ficial station of the remains of an empoyee who dies
while in a travel status.
The benefits authorized by S. 1.973 would be effective retroactive
with respect, to oinployoes who died in Alaska and Hawaii between
the respective dates of their admission as States and the date of er -
actment.
Following are letters: from the Bureau of the Budget, the U.S.
Civil Service Commission and the Comptroller General on S. 1458, t
which S. 1973 :is identical. Following also is a letter from the Federal
Aviation Agency proposing that an identical measure (S. 1973) b
introduced:
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FAW
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Hon. OLIN D. JOIINSTON Washington, D.C., May 26, 1961.
,
Chairman, Committee on Post Office and Civil Service,
U.S. Senate, Washington, D.C.
MY DEAR MR. CHAIRMAN: This is in response to your letter of
March 29, 1961, requesting the views of the Bureau of the Budget
on S. 1458, a bill to amend the act of July 8, 1940, relating to the
transportation of the remains, families, and affects of Federal em-
ployees dying abroad, so as to restore the benefits of such act to
employees dying in Alaska and Hawaii, and for other purposes.
The act of July 8, 1940, among other things, authorizes the payment
of the expenses of preparing and transporting to his home or place
of interment the remains of a Federal employee who dies while per-
forming official duties in "a Territory or possession of the United
States" and the expenses of transporting his family and household
effects to his former home. While those expenses were paid in the
case of employees dying on duty in the former Territories of Alaska
and Hawaii, the Comptroller General has ruled that they may not
be paid in the case of employees stationed and dying in Alaska and
Hawaii after they became States. On the other hand, the act con-
tinues to authorize the payment of the costs of transporting home the
remains of dependents who die while residing with an employee per-
forming duties "outside the continental United States or in Alaska."
Thus, since statehood, the remains of a deceased dependent, but not
those of the employee himself, may be returned at Government ex-
pense. (See decision of the Comptroller General reported in 39 Comp.
Gen. 716.)
The benefits provided by the act of July 8, 1940, are a necessary
corollary to the provisions of the Administrative Expenses Act of
1946 and other laws which authorize the payment of transportation
expenses of new appointees going on tours of duty in Alaska and
Hawaii and elsewhere outside the other 48 States. We believe the
anomaly of being able to pay transportation expenses of appointees
and not being able to pay for the return of the remains of deceased
employees should be corrected.
As drafted, S. 1458 would become effective when enacted. We
would favor the inclusion of language which would make the benefits
effective retroactively with respect to employees dying in Alaska and
Hawaii between the respective dates of their admission as States and
the date of enactment. In order to accomplish this result we suggest
that a subsection (b) be added to the bill, as follows:
"(b) The provisions of subsection (a) shall become effective with
respect to Alaska and Hawaii, respectively, on and after the date each
of them became a State of the United States of America."
With such an additional provision, the Bureau of the Budget would
recommend enactment of S. 1458.
Sincerely yours,
PHILLn' S. HUGHES,
Assistant Director for Legislative Reference.
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U. S. CIVIL SERVICE COMMISSION,
Washington, D.C., June 1, 1961.
Hon. OLIN D. JO[tNSTOe,
Chairman, Post Office and, Civil Service Committee,
U.S. Senate.
DEAR SSSNATOR JolNs'roN: This is in further reply to your letter
of March 29, 1961, requesting the views of the Commission on S. 1458,
a bill to amend the act 9i' July 8, 1940, relating to the transportation
of the rein ains, f unrilies, and effects of Federal employees dying abroad,
so as to re:-,tore the benefits of such act to employees dying in Alaska
and Hawaii, and for other purposes.
This bill restores authority to Federal agencies to defray the cost
of returning to other States from Alaska anal Hawaii the remains,
families, and ef'dets of employees who died while serving a tour o
duty in Alaska or Hawaii. Up until the time that Alaska and Hawaii
became States, the act of July 8, 1940, authorized payment for these
expenses. However, the change in political status of Alaska any
Hawaii had the effect, according to the Comptroller General, of cancel
in the authority for payment of these costs for deceased Feder a
employees in Alaska and Hawaii.
Sections 1 and 'i of the Administrative Expenses Act authorize th
Federal agencies to pay transportation expenses for employees an
their dependents from Alaska, or Hawaii to their homes in othe
States after completing a, tour of duty. It seems only reasonable fo
the Federal Government to pay the costs for transporting the remains
families, ?nd effects of employees who died while serving a tour o
duty in Alaska or Hawaii.
The Commission favoi?s enactment of this bill with the amendment
proposed by the Bureau of the Budget to make the bill effective
retroactively to the dates on which Alaska arid[ Hawaii became States.
The Bureau of the Budget advises that from the standpoint of the
administr4tiori's program there is no objection to the submission o
this report.
By direction of the Commission.
Sincerely yours,
JOHN W. MACY, Jr., Chairman.
FEDERAL AVIATION AGENCY,
OFFICE Or, THE ADMINISTRATOR,
Washington, D.C., July 19, 1963.
Ilon. LYNNDOV B. JOHNSON,
President of the Senate,
Washington, D. C.
DEAR MR. PRESIDEN': Enclosed is a draft of a bill to amend the act
of July 8, 1940, relating to the transportation of the remains, families,
and effects of Federal employees dying abroad, so as to restore the
benefits of such act to employees dying in Alaska and Hawaii, and f r
other purposes.
The proposal is part of the Federal Aviation Agency's legislative
program for 1963. The draft bill is identical to S. 1458, which was
introduced in the last Congress and passed by-the Senate. The Civil
Service Commission and the Bureau of the Budget reported favorably
on S. 1458 and they concur in the present submission.
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The purpose of this proposal is to authorize the payment of the
expenses of preparing and transporting to his former home or place
of interment the remains of a Federal employee who dies while per-
forming official duties in Alaska and Hawaii and the expenses of trans-
porting his family and household effects to his former home.
Up until the time that Alaska and Hawaii became States, the act of
July 8, 1940, authorized payment for these two categories of expenses.
However, the change in political status of Alaska and Hawaii from
territories to States had the effect of canceling the authority, because
the authorizing provisions contained the geographical description of
"a Territory- or possession of the United States," which excluded
Alaska and awaii when they became States.
The authority to pay a third category of expenses-transportation
of the remains of dependents of employees stationed in Alaska or
Hawaii to their former home-was added to the 1940 act by the act of
July 15, 1954. This authority was not affected when Alaska and
Hawaii became States, because the 1954 amendment contained the
geographical description of "a place outside the continental United
States or in Alaska." Thus, we have the inconsistent situation where
the remains of a dependent of an employee stationed in Alaska or
Hawaii can be returned at Government expense, but the remains of
the employee cannot be.
This bill is motivated by geography, not political status. It does
not involve special legislative treatment for Alaska and Havvaii. It
does involve recognition of geographical factors which the conferring
of political status could not change and which pose special problems in
the recruitment of personnel for the conduct of Federal activities in
these areas.
As evidence of the very practical distinctions posed by the geo-
graphic location of Hawaii and Alaska, which the Congress continues
to recognize in other statutes, section 7 of the Adininstrative Ex-
ponses Act of 1946 (5 U.S.C. 73b-3) may be cited. This section
provides that an employee cannot be sent to posts outside the con-
tinental limits of the United States (including Hawaii and Alaska) at
Government expense unless he signs an agreement to remain there for
at least 12 months (this Agency and the Departments of Defense and
Interior require a 2-year tour in Alaska and Hawaii). If the employee
breaches this agreement, he is indebted to the Government for the
cost of transportation to the post of assignment. Further, this
section requires an agency to return the employee, his family, and
his effects to his actual place of residence after not less than 1 nor
more than 3 years of service (unless the employee agrees to an ex-
tended tour). Finally, the section permits an agency to return an
employee and his family to his place of residence prior to the expira-
tion of the original agreement if his separation is for "reasons beyond
the control" of the employee.
The Comptroller General has construed this latter provision to
permit the return of dependents of a deceased employee since death
was, obviously, beyond the control of the employee (40 Comp. Gen.
196). In the same opinion, however, the Comptroller held that the
section did not authorize the return of the employee's remains. He
reasoned that the act of July 8, 1940, which relates to return of remains
of employees (but upon statehood became inapplicable to Alaska and
Hawaii) was exclusive authority and, therefore, that the Administra-
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five Expenses Act of 1946 applied only to living persons. It is his
decision which motivates the amendment to theact of 1.940 herein.
As the law now stands, if an employee of this Agency should serve
2 yeari, in Alaska. or, Hawaii, this Agency would be obligated by
statute and contract to return the employee, his dependents, and his
effects to his place of residence in one of the other 49 States. How-
ever, should the same employee die after completion of 2 years serv-
ice in Alaska. or IIawa,ii but before. commencing travel to his plat of
residence, th.- Agency'COUld not return his remains, although we eo Ild
return his dependents and his household effects. Finally, and to
complete the inconsistency, if a dependent of an employee dies at
anytime during the enmployee's service in Alaska or Hawaii, the Agency
may return the dependent's remains. For these reasons, we earnestly
recommend Congress :early and favorable consideration of this correc-
tive legislation,
The Bureau of the` Budget has advised that there is no objection
from tl,e standpoint of the administration's program to the submis ion
of the proposed legislation. to the Congress.
Sincerely,
(Signed) N. E. HALAEY, Adrninistrato
Ca[AN GES IN EXISTING LAW
In compliance with subsection 4 of rule XXIX of the Stan,
Rules of the Senate, than. ges in existing law made by the bill, as
ported, are shown as follows (new matter is printed in italic, exist
law proposed to be otjiitted is enclosed in black brackets, existing
in which no change is proposed is shown in roman):
Ling
re-
ing.
law
ACT OF JULY 8, 1940
(5 U.S.C. 103a,)
SEC. 103. (1i) In case 111T civilian officer or cuiployeeof the United
States dies (1) while in it travel status away from his otlicial station
in the continental United States, excluding Alaska, or (2) while )er-
forming official duties [in a Territory or possession of the United
States or in a foreign country] outside the continental United Stat s or
in. Alaska, or in transit thereto or therefrom, the head of the de art-
ment, independent ,sta.bl.islniment, agency, om federally owned or
controlled corporation, hereinafter called department, in the service of
which such officer or employee was engaged, is hereby authorized,
under regulations to be prescribed by the President and except as
otherwise p:?ovided by law, to pay from the. appropriation available
for the actii,ity in which he was engaged--
(a) In case of the death of the officer or employ ee in such tr vel
status in the continental United States, excluding Alaska, or in the
case o' the death of ;the officer or employee while performing official.
duties [in a Territt)rJ or possession of the United States or n a
foreign. country] outs-ide the. continental United States or in Alaska or in
transit thereto or tl ereflorn, the expenses of preparing and tIans-
portin,; the remains of such officer or employee to his honk or of cial
station or such other place as. the head of the department conce ned
shall .ceter.nine to be theapprop.riate_.place of interment.,.
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(b) In case of the death of the officer or employee while performing
official duties [in a Territory or possession of the United States or in
a foreign country] outside the continental United States or in Alaska
or in transit thereto or therefrom, the transportation expenses of his
dependents, including expenses incurred in packing, crating, drayage,
and transportation of household effects and other personal property
to his former home or such other place as the head of the department
shall determine.
(c) In the case of dependents of it civilian officer or employee who
died while residing with such civilian officer or employee performing
official duties at a place outside the continental United States or in
Alaska or while in transit thereto or therefrom, the head of the
department concerned is authorized to pay the necessary expenses
incurred for the transportation of remains to such person's home or
to such other place as the head of the department concerned shall
determine to be the appropriate place for interment. Mortuary
services and supplies may be furnished, if practicable, by the depart-
ment concerned in respect of such dependents on a reimbursable basis
where local commercial mortuary facilities and supplies are not avail-
able, or if available, the cost thereof is prohibitive in the opinion of
the head of such department. Reimbursement for the cost of mortu-
ary services and supplies furnished under the authority of this para-
graph shall be collected and credited to current appropriations avail-
able for the payment of such costs.
O
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.L_ 4n the United States the remains. fami.l.ies,,. and
effects of officers and employees dying aoroaa, &nu ivr cxaacr pacr1~r~+BUD.
Be it enacted by the Senate and House of Representative s of the
rica in Congress assembled, That in case any civi
f A
me
United States o
ee of the United States dies (l,) while in a travel status.
l
oy
officer or emp
away from his official station in the United States or (2) while performin}}
it n
ties
i_ _ -
official d
foreign country or in transit thereto or therefrom, the head of the depart-.
meat, independent establishment, agency, or federally owned or controlled
corporation, hereinafter called department, in the service of which suchW
'officer or employee was engaged, is hereby authorized, under regulatioi'
to be prescribed by the President and except as otherwise provided by lea ,
h he was
hi
c
to pay from the appropriation available for the activity in w
(a) In case of the death of the officer or employee in such Crave
.~ _ ~L
f at_ ..lli..aw
o
of
oft r?Uaited States or in a foreign cowry or In Lransa.L %aac.avw.W ---
-__,__ the remains of such officer;o
ee to hi ^ home or official station or such other place as the head
~a..,.lo
y
t
a
o
t
e .
rr-
r? a
s._
c('tltie department concerned shall determine to .be
(b) In case of the death of t C oiz cer orampa1yvc ??a??+q Y,??~ `""
LOW %** y. .' -r
rimy case on the ground that the decejLbe4'-a$ temporarily absent'
Sec. 3. This Act sbau become euvcziva sue] .' 7-baw _?-
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E. 0. 10408 Title 3-The President
the Revised Statutes of the United States
(31 U. S. C. 672), (b) section 9 of the act
of March 4, 1909, 35 Stat. 1027 (31 U. S. C.
673), and (c) such other laws as the
President may hereafter specify.
5. Thirty days after the presentation
of its final report to the President, the
Commission shall cease to exist unless
the President shall otherwise direct.
HARRY S. TRUMAN
THE WHITE HoU$x,
January 23, 1951.
EXECUTIVE ORDER 10208
PROVIDING FOR THE ADMINISTRATION OF
THE YUGOSLAV EMERGENCY RELIEF
ASSISTANCE ACT OF 1950
By virtue of the authority vested in
me by the Constitution and the statutes.
including the Yugoslav Emergency Re-
lief Assistance Act of 1950, approved De-
cember 29, 1950 (Public Law 897, 81st
Congress), and the act of August 8, 1950
(Public Law 673, 81st Congress), and as
President of the United States, it is
hereby ordered as follows:
1. The Secretary of State is authorized
and directed to perform the functions
and exercise the powers and authority
vested in the President by the Yugoslav
Emergency Relief Assistance Act of
1950.
2. Of the funds heretofore appro-
priated to carry out the Economic
Cooperation Act of 1948 (62 Stat. 137),
as amended, $37,800,000 are withdrawn
from the Economic Cooperation Admin-
istration and are transferred to the
Departjent of Agriculture to be admin-
istered under the said Yugoslav Emer-
gency Relief Assistance Act of 1950 as
directed by the secretary of State.
HARRY S. TRUMAN
THE WHITE HOUSE,
January 25, 1951.
EXECUTIVE ORDER 10209
AMENDING EXECUTIVE ORDER No. 8557 OF
SEPTEMBER 30, 1940; ENTITLED "PRE-
SCRIBING REGULATIONS GOVERNING THE
PAYMENT OF EXPENSES INCURRED IN
CONNECTION WITH THE DEATH OF CER-
TAIN CIVILIAN OFFICERS AND EMPLOYEES
OF THE UNITED STATES"
By virtue of and pursuant to the au-
thority vested in me by the act of July
8, 1940, 54 Stat. 743, it is ordered that
section 3 of Executive Order No. 8557 of
September 30, 1940, prescribing regula-
tions governing the payment of expenses
incurred in connection with the death
of certain civilian officers and employ-
ees of the United States, be, and it is
hereby, amended to read as follows:
SEC. 3. Preparation of remains. The
costs of preparation of remains allow-
able under section 2 of these regulations
shall include costs of embalming, crema-
tion, necessary clothing, and casket. The
total amount allowed for such prepara-
tion shall not exceed $150.
HARRY S. TRUMAN
THE WHITE HOUSE,
February 1, 1951.
EXECUTIVE ORDER 10210
AUTHORIZING THE DEPARTMENT OF DE_
FENSE AND THE DEPARTMENT OF COM-
MERCE To EXERCISE THE FUNCTIONS AND
POWERS SET FORTH IN TITLE II OF THE
FIRST WAR POWERS ACT, 1941, AS
AMENDED BY THE ACT OF JANUARY 12,
1951, AND PRESCRIBING REGULATIONS FOR
THE EXERCISE OF SUCH FUNCTIONS AND
POWERS
By virtue of the authority vested in
me by the First War Powers Act, 1941,
as amended by the act of January 12,
1951, entitled "An Act To amend and
extend title II of the First War Powers
Act, 1941" (Public Law 921, 81st Con-
gress), hereinafter called the Act, and
as President of the United States and
Commander in Chief of the armed forces
of the United States, and deeming that
such action will facilitate the national
defense, it hi hereby ordered as follows:
PART I
Under such regulations, which shall
be uniform to the extent practicable, as
may be prescribed or approved by the
Secretary of Defense:
1. The Department of Defense is au-
thorized, within the limits of the
amounts appropriated and the contract
authorization provilled therefor, to en-
ter into contracts and into amendments
or modifications of contracts heretofore
or hereafter made, and to make advance,
progress, and other payments thereon,
without regard to the provisions of law
relating to the making, performance,
amendment, or modification of con-
tracts.
2. The Secretaries of Defense, the
Army, the Navy, and the Air Force may
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Thence from said point in the low-
water line S. 35'30' E., 356 ft., to a U. S.
stone monument;
Thence S. 51'40' W., along the top cf
the north bank of the canal to a point
in the section line between sections 34
and 35;
Thence south along the section line
191 ft., to the point of beginning, con-
taining approximately 29.41 acres, hav-
ing been purchased in fee simple from
E. C. Ashford, and J. H. Harris, Com-
missioners, by deed dated May 20, 1881,
recorded in Deed Book "S", pages 549,
550, and 551, in the office of the Judge
of Probate, Lawrence County, Alabama,
and from M. J. Gilchrist, Sr., Commis-
sioner, by deed dated April 1, 1891, re-
corded in Deed Book "y", page 439, in
the office of the Judge of Probate men.
tioned above.
FRANKLIN D ROOSEVELT
TKE WHITE HOUSE,
September 28.194n
EXECUTIVE ORDER 8557
PRESCRIBING REGULATIONS GOVERNING THE
PAYMENT OF EXPENSES INCURRED IN
CONNECTION WITH THE DEATH OF CER-
TAIN CIVILIAN OFFICERS AND EMPLOYEES
OF THE UNITED STATES
By virtue of and pursuant to the au-
thority vested in me by the act of July
A 1940, Public No. 729, 76th Congress,
entitled, "An Act to defray the cost of
returning to the United States the re-
maim5, families, and effects of officers and
#nployees dying abroad, and for other
Poses", I hereby prescribe the fol-
lowing regulations governing the pay-
ment of expenses authorized by that Act:
PART I-DEFINITIONS
SECTION 1. As used in these regula-
tions:
(a) "Employee" means civilian officer
Qr employee of the,UAited States.
(b) "Home" means a fixed or pernta-
nent dwelling place synonymous with
place of fixed abode as distinguished
from a mere temporary residence.
(c) "Dependents" includes a lawful
widow; children, stepchildren, and
adopted children, if unmarried, under
twenty-one years of age, and in fact de-
pendent upon the decedent for support,
or if physically or mentally incapable
of self-support regardless of age; and
dependent parents who were a part of
the decedent's household.
(d) "Department" includes independ-
ent establishment, agency, or federally
owned or controlled corporation.
(e) "Continental United States" means
the 48 States and the District of Co-
lumbia.
PART II-PREPARATION AND TRANSPORTATION
OF THE REMAINS OF EMPLOYEES DYING
WHILE IN A TRAVEL STATUS AWAY FROM
THEIR OFFICIAL STATION AND WITHIN THE
CONTINENTAL LIMITS OF THE UNITED
STATES
while traveling on official business within
the continental limits of the United
States, the head of the department con-
cerned shall pay the expenses of prepar-
ing the remains of the decedent and of
transporting the remains to the home or
official station of the decedent or to such
other place as the head of the depart-
ment may designate as the appropriate
place of interment, provided that in no
case shall the expenses payable be
greater than the amount which would
have been payable had the place of in-
terment been the home or official station,
whichever shall be more distant.
SECTION 3. Preparation of Remains.
The costs of preparation of remains al-
lowable under section 2 of these regula-
tions shall include costs of embalmin
g,
cremation, necessary clothing, and cas-
ket.
The total amount allowed fsuch
A
f
preparation shall not exceed U69i19 o ? S
r,A- ~) Y
The costs of transportation of remains
allowable under section 2 of these regu-
lations shall include the cASts of re-
moval of the remains from the place
where death occurred to an undertaking
establishment, procurement of buri
l
a
and shipping permits, furnishing an out-
side case for shipment (including, When
necessary, the sealing of such shipping
case), removal to a common carrier,
transporting the body by common car-
rier, and one removal at the place of
interment from the common carrier to
0
an -tmdertaking establishment or other
Plan Of tSlmediate delivery. Instead of
eOrlv9yan0e by common carrier, removal
the remains' overland by hearse (in-
' eluding ferry charges, bridge tolls, and
similar items) may be allowed, provided
thatthe total charges for transporta-
tion. al;all not- exceed the total costs of
transportation had conveyance. been
made by common carrier. If conveyance
Hearse. to allowance shall be made
ment, from the undertaking establish-
ment to a common carrier, thence by
common carrier to the place of interment,
and one removal at the place of inter-
ment from the common carrier. The
remains may be transported by means
other than by common carrier, provided
that when conveyance by common carrier
is available there shall be allowed toward
the expense of such other transportation
an amount not in excess of the sum
allowable had the remains been trans-
ported-by common carrier.
PART =,P $PARATION AND TRANSPORTATION
OF WOW" OF EMPLOYEES DYING WHILE
IN &.T,AAVEL STATUS OUTSIDE THE CONTI-
NENTAL LIMITS OF THE PNITED STATES OR
WR LS .ON ASSIGNMENT TO A POST OUT-
SIDE THE UNITED STATES
Szo" ..5 When an employee dies
WXiile traveling on, official business out-
side the continental limits of the United
States or while on assignment to a post
outside the United States, the head of the
department concerned shall pay the ex-
penses of preparing the remains of the
decedent and of transporting tha re-
mains to- the home or official station of
tbf decedent or to such other place as
the, head of the department may desig-
nate as the appropriate. place of inter-
ment, provided that in no case shall the
expenses payable be greater than the
amount which would have been payable
had the place of Interment been the
home or official station, whichever shall
be more distant.
SECTION 6. Preparation of Remains.
The costs of preparation of remains al-
lowable under section .5 of these regula-
tions shall include all the ordinary costs
of embalming, cremation, necessary
clothing,.and a casket or container suit-
able for shipment to the place of inter-
ment. There shall also be allowed any
expenses necessarily incurred in com-
plying with local laws and laws at the
port of entry in the United States rela-
tive to the preparation of dead bodies
fortransportation and burial.
SECTION 7. Transportation of Re-
mains. The costs of transportation of
remains allowable under section 5 of
these regulations shall include the
charges for removal of the decedent's
remains from the place where death
occurred to an undertaking establish-
PART IV-TRANSPORTATION OF DEPENDENTS
AND HOUSEHOLD EFFECT'S AND OTHER PER-
SONAL PROPERTY OF EMPLOYEES DYING
DURING A PERIOD OF ASSIGNMENT TO A
POST OUTSIDE TIE CONTINENTAL LIMITS
OF THE UNITED STATES
SECTION 8. When an employee dies
during a period of assignment to a post
outside the continental limits of the
United States or while in transit to or
from such post, the head of the depart-
ment concerned shall pay the costs of
transportation of the dependents of the
decedent and of the household effects
and other personal property of the dece-
dent and his dependents to his former
home or to such other place in the United
States not more distant than the former
home as the head of the department may
designate.
SECTION 9. Transportation of Depend-
ents. The costs of transportation of
dependents allowable under section 8 of
these regulations shall include the actual
costs of transporting such of the depend-
ents of the decedent as are outside the
continental limits of the United States
to the designated destination, provided
that the costs shall not exceed the costs
of transportation by the most direct route
from the official station of the deceased
employee to said destination, and pro-
vided that travel is undertaken during
the period of one year from the date of
death of the decedent. Such transpor-
tation shall be subject to the provisions
of the Standardized Government Travel
Regulations and such regulations as the
heads of the respective departments may
prescribe thereunder governing the pay-
ment of transportation expenses gen-
erally.
by
ho
lea
chi
otl;
ally
cos
byl
an-4
ina
of
Approved For Release 2002/03/25: CIA-RDP85-00375R00fli
SECTION 10. Transportation of Per-
sonal Effects. The costs of transporta-
tion of personal property other than
household effeats allowable under sec-
tion 8 of these regulations shall include
the expenses actually and necessarily in-
curred in transporting said personal ef-
fects as baggage, subject to the provisions
of the Standardized Government Travel
Regulations governing the payment of
charges for the transportation of baggage
generally. Expenses In connection with
the transportation of baggage by private
conveyance which would not have been
incurred had the baggage been trans-
ported by common carrier shall not be
allowed, . Reimbursement for loss or
damage to baggage during transit shall
not be allowe(L nor. shall charges for
;amine. and other insurance be allowed.
ECTiONN 11. Transportation of House-
hold Efects. The costs of transportation
of household effects allowable under sec-
tion 8 of these regulations shall Include
costs.of packing, crating, drayage, and
"transportation subject to the following
,vWxIctions governing payment of such
lc-value reasonably to justify their
el'tatlen, but for the purposes of
ese,regul ns shall not include gro-
ti Ov sions, wines, liquors, animals,
-l (b) !$ Cntugga2ly. to be by freight
,?Rt. economical route. Shipment of
shall be made by ordl-
Y ,; J K91444 service by the most
A1tbolzed by. the head of the
**Wed 44 a>4:aunt not to exceed the
of shag such effects by freight
by'athe most-economical route.
- . Cc) Maximum allowances of weight
alld volume allowable. Except as here-
tnafter provided, the maximum number
'itf pounds of household effects when
packed and crated, or boxed, or packed
in lift vans for shipment by freight, for
which payment shall be allowed, shall
be as follows:
When
family
is at
poet
When
family
is not
at post
Employees in grade CAF-15 or above
or receiving a salary payable In such
grade or above---- . -----------------
24,000
19,000
Employees In grade CAF-12, CAF-13,
or CAF-14, or receiving a salary-
payable in such grades..-.----------
20,000
15, 500
Employees in grade CAF-9, CAF-10,
or CAF-11, or receiving a salary
payable in such grades ----- .---.----
16, 500
12,000
Employyees In grade CAF-R, CAF-7,
or OAF-a, or receiving a salary
payable in such grades --------- ?.---
13, 080
8, 500
Employees in grade CAF-door below
or receiving a salary payable in such
grade or bellow- ------------_-----
11,400 1
8, 720
When shipment of effects for any por-
tion of the journey is covered by a bill
of lading stating that charges are com-
puted only on a measurement basis in-
stead of a weight basis, the maximum
number of measurement tons (measuring
40 cubic feet each) for which payment
shall be allowed, shall be as follows:
When
family
to at
post
When
family
not
I.
at post
Employees In grade CAF-15 or above
or receiving a salary payable In such
grade or above..-
Employees in grade CAF-12, CAF-13,
or CAF-14, or receiving a salary
payable In such grades _
Employees in grade CAF-9, CAF-10,
or CAF-ll, or receiving a salary
payable in such grades ----------- --
Employeea in grade C-AF-8, CAF-7,
or OAF-8, or receiving a salary
Em payable chgrades..............
p y grade CAF-5 or below
or receiving a salary payable in such
grade or below----------------------
When shipments involve weight con-
sideration over one portion of the dis-
tance and measurement over another
portion, payment shall be allowed for
charges for the entire distance regard-
less of measurements if the weight does
not exceed the weight limitations pre-
viously indicated. Payment of actual
charges shall also be allowed for the en-
tire distance regardless of weight, pro-
vided the measurements do not exceed
those previously indicated.
When shipments involve weight and
surement considerations over differ-
ent portions of the distance, and meas
urement and weight are both in excess
of the limitations herein prescribed, pay-
ment shall not be allowed for weight ex-
cess where weight considerations axe in-
volved or for measurement excess where
measurement considerations are in-
volved. Allowances for packing shall be
computed on the basis (weight or meas-
urement) used in coAiputing shipment
charges at the initial stage of transit.
Within the continental limits of the
United States, where the transportation
of maximum allowances prescribed above
at less -than carload rates would cost as
much as, or more than. a minimum car-
load, transportation of a minimum car-
load may be allowed regardless of the
volume or weight of the shipment.
(d3 Shipment to be made on Ameri-
can ships. If household effects must be
transported by vessel, shipment shall be
made on American ships unless other-
wise specifically authorized by the head
of the department concerned.
(e) Other costs allowable in connec-
tion with transportation of household
effects. Payment shall also be made of
expenses Incurred in hiring and trans-
porting lift vans, and in packing and
crating, or boxing, or packing in lift vans
for shipment. Allowance shall not be
made for charges in connection with any
shipment of empty lift vans, or for pay-
ment of storage charges or import duties
on lift vans,
(f) Time limit on shipment of effects.
Shipment of effects shall be made within
one year of the death of the officer or
employee, unless an extension is granted
by the head of the department concerned
prior to the expiration of that time.
PART V--GENERAL PROVISIONS
SECTION 12. Notification of Relatives.
When the head of a department is in-
formed of the death of an employee while
in any status subject to the provisions of
these regulations, he shall notify imme-
diately the next of kin or legal repre-
sentative of the decedent and render
every reasonable assistance in arranging
for preparation and transportation of
the body. He shall also inform the next
of kin or legal representative of the pro-
visions of these regulations.
SECTION 13. Method of Payment of
Expenses. The head of the department
concerned may pay the expenses allow-
able under these regulations either di-
rectly to the persons performing the pre-
scribed services or by reimbursement to
any person who has made original pay-
ment of such expenses.
SECTION 14. Death During Period of
Absence from Duty. When an employee
dies while temporarily absent from duty
during a period of travel on official busi-
ness or during the period of his assign-
ment to a post outside the continental
limits of the United States, the provisions
of these regulations shall apply, except
that the amount allowed for the trans-
portation of the remains to the place of
interment shall not exceed the amount
which would have been allowable had
death occurred at the point from which
the decedent departed on such temporary
absence.
SECTION 15. Escort for Rem a i is s.
Transportation expenses of an escort for
the remains shall not be allowed. How-
ever, this shall not be construed to pro-
hibit the use by an escort of one of the
two tickets required to ship the remains
as baggage by railroad.
SECTION 16. Use of Government Bill
of Lading. If the shipment of remains
is made by express, a Government bill
of lading shall be used whenever possible.
SECTION 17. Prohibition of Payments
When Other Laws Apply. No payment
shall be made under the said act of July
8, 1940, for expenses of preparing and
transporting the remains of any em-
ployee in any case where payment there-
for is authorized by any other law of the
United States, and where any other law
of the United States provides for the
payment of expenses of either of said
services payment hereunder shall not be
allowed for such service: provided, how-
ever, that nothing herein contained shall
be construed as depriving any person of
any payment hereunder because of the
fact that the deceased employee was
eligible for burial benefits on account of
service rendered in the armed forces of
the United States. No payment shall
be made under the said act of July 8.
1940, for transportation of surviving de-
pendents of a deceased employee and for
transportation of household effects and
other personal property in any case
wher
any a
SRO
tion.
Sept
in th
SEd
AD>y
UNt
JON
WH
poses
Farm
vision
after-
now u
tary o
the sa
Act, it
and in
follows
partmi
County
hereby
Agricu:
disposi
slons of
related
Land
by Bird
B. Ear
June 7
ister of
County,
1940, in
85.67 act
Landf
by Mrs.
Emory ]
Andrew
Alicia 0
dated Ji
Approved For Release 2002/03/25 : CIA-RDP85-00375R000
where payment therefor is authorized by
any other law of the United States.
SECTION 18. Effective Date; Publica-
tion. This order shall be effective as of
September 6, 1940, and shall be published
in the FEDERAL REGISTER.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE
September 30, 1940
EXECUTIVE ORDER 8558
TRANSFERRING CERTAIN LANDS TO THE
SECRETARY OF AGRICULTURE FOR USE,
ADMINISTRATION, AND D I S P O S I T I O N
UNDER TITLE III OF THE BANKHEAD-
JONES FARM TENANT ACT
WHEREAS I find suitable for the pur-
poses of Title III of the Bankhead-Jones
Farm Tenant Act, approved July 22, 1937
{50 Stat. 522, 525), and the related pro-
visions of Title IV thereof, the herein-
after-described lands of the United States
now under the supervision of the Secre-
tary of Agriculture:
NOW, THEREFORE, by virtue of the
Act, it is ordered that all the right, title,
and Interest of the United States in the
following-described lands, comprising the
&Juda Garden Homes Project of the
in Security Administration of the De-
%iertment of Agriculture, in Oconee
. County, South Carolina, be, and they are
Hereby, transferred to the Secretary of
41dQuIture for use, administration, and
disposition in accordance with the provi-
ins of Title III of the said Act and the
1`tlated provisions of Title IV thereof :
Lands conveyed to the United States
Birdie L. Patterson et al. and by Wm.
ale. Master, under deeds dated
June. 7, 1939, and January 26, 1940, re-
spectively, and recorded with the Reg-
ater. of.Mesne Conveyance for Oconee
County. South Carolina, on January 26,
1940, in Vol. 4-V 'of Deeds, at pages 518
slid 520, respectively, and containing
$5.87 acres, more or less.
Lands conveyed to the United States
by Mrs. H. A. (Alice Newell) Stephens,
Emory P. Stephens, Ralph O. Stephens,
dk drew J. Stephens, Gladys Stephens
MCN1Ckiois, Kitty Stephens Cravens, and
AHcia Stephens Luetgens, under deeds
dated July 12, 1938, and recorded with
the Register of Mesne Conveyance for
Oconee County, South Carolina, on Oc-
tober 12, 1938, in Vol. 4-R of Deeds, at
pages 582 and 585, respectively, and con-
taining 38.50 acres, more or less, and
43.00 acres, more or less, respectively.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
October 1st, 1940.
EXECUTIVE ORDER 8559
TRANSFERRING CERTAIN LANDS TO THE
B. HERSHEY TO PERFORM C E R T A I N
DUTIES UNDER THE SELECTIVE TRAINING
AND SERVICE ACT OF 1940
Under and by virtue' of the authority
vested In me by the Selective Training
and Service Act of 1940 (Public No. 783,
76th Congress), it is hereby ordered that
pending the appointment of a Director
of Selective Service under the provisions
of section 10 (a) (3) of the said Act,
Lieutenant Colonel Lewis B. Hershey,
Field Artillery, United States Army, be,
and he is hereby, designated, authorized,
and empowered-
(1) To perform all duties in connec-
tion with the administration of the Se-
lective Service law prescribed in para-
graph 119, Section III, Volume One
(Organization and Administration) of
the Selective Service Regulations.
(2) To appoint necessary members of
local boards, local board physicians, gov-
ernment appeal agents, and members of
appeal boards, provided for in Sections V
and VI, Volume One (Organization and
Administration) of the Selective Service
Regulations.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
October 4, 1940.
CROSS REFERENCES: For E.O. 8553, Sept. 28,
1940, on similar subject, see page 227 of this
Supplement. For E.O. 8569, Oct. 17, 1940,
supplementing this Executive order, see page
277 of this Supplement. For Volume One of
the Selective Service Regulations, see E.O.
8545, Sept. 23, 1940, at page 199 of this
Supplement.
EXECUTIVE ORDER 8560
SELECTIVE SERVICE REGULATIONS
By virtue of the authority vested in me
by the Selective Training and Service
Act of 1940, approved September 16, 1940,
14 I1I
,I