60 Day Notice

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

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

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 550
RIN 3206–AM58

Flag Recognition Benefit for Fallen
Federal Civilian Employees
Office of Personnel
Management.
ACTION: Proposed rule with request for
comments.
AGENCY:

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 performancemanagement@opm.gov. 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
nikki.johnson@opm.gov.
SUMMARY:

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

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SUPPLEMENTARY INFORMATION:

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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

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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
550.1502
550.1503

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General.
Coverage.
Definitions.

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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Proposed Rules
550.1504
550.1505
550.1506
550.1507

Eligibility.
Order of precedence.
Beneficiary responsibilities.
Agency responsibilities.

§ 550.1501

officer or employee of the Postal
Regulatory Commission.
Flag means a standard United States
flag that is at least 3 feet by 5 feet.

General.

§ 550.1504

(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 § 550.1503) of an eligible
employee (as specified in § 550.1504)
who died on or after December 20, 2011.
§ 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.
§ 550.1503

Definitions.

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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
§ 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

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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
§ 550.1505.
§ 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.

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§ 550.1506

36313

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 § 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 § 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.
§ 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
§ 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

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