TRANSPORTATION HOME OF THE REMAINS OF FEDERAL EMPLOYEES DYING IN ALASKA AND HAWAII

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP85-00375R000100120015-3
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
14
Document Creation Date: 
December 12, 2016
Document Release Date: 
February 14, 2002
Sequence Number: 
15
Case Number: 
Content Type: 
REPORT
File: 
AttachmentSize
PDF icon CIA-RDP85-00375R000100120015-3.pdf1.17 MB
Body: 
Approved For Iea Z0Q3/25 : CI RDP85-00375R0001061 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. Approved For 1,k 2002/03/25 : CIA-RDP85-00375R000100120015-3 'Ir Approved For Ffeease 2'002/03/25: CIA-RDP85-00375F10012 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: Approved For Release 2002/03/25 : CIA-RDP85-00375R000100129015-3 ) pro'fed FcLRR ea OO2 /2 i JPiR1 trQO3IZfiROGQl9pl2OO 5-3 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. Approved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 Approve ;Fn eWF,Q2/Q3r/IW: GJAARR85A6O3 G0100'f 201513 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. Approved For Release 2',002/03/25 : CIA-RDP85-00375R00010012 015-3 Approved O~i?c %AAFPM5P9910012015-3 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- Approved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 Approved FornegaT~O//?rI~l~~0j{}01 2015-8 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.,. Approved For Release 2002/03/25 : CIA-RDP85-00375R00010012Q015-3 Re~ep QiQ~2/g~ :I~I~ NA85ZP $3 gp1001?0015-3 Approve4f-or 75 (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 Approved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 Approved For Release 2002/03/25 : CIA-RDP85-00375 ROOD 100120015-3 .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 _?- Approved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 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 Approved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 App 7ved For Release 2002/03/25 : CIA-RDP85-00375R000100120015-3 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