PROPOSED(Sanitized), DISPOSITION OF REMAINS AND EFFECTS IN DEATH CASES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00375R000100120019-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 11
• Document Creation Date: December 12, 2016
• Document Release Date: March 29, 2002
• Sequence Number: 19
• Publication Date: November 27, 1963
• Content Type: MF

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CONFIDENTIAL
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OGC REVIEW COMPLETED
Control
27 NOV 196
SUDITECT Prepooedl L Dh.poitionof Renins end Effects in
Death Glees
(a) Memo dated 10 Nov 63
(b)
Moo
ro-zois
Nov 63 from OGC to EC67)/3, subject:
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1- le warden= with rawest contained in veregrophe 5 end 6 of reference
there le edbmitted herewith a revised draft of 'rammed D1-3- 25X1A
tion of Demeins and Effects in Death 01003
2. Dy comparison with the proposal which we submitted to
Jul 61. the attenbed draft contains the following revisions:
si?. The term "11 respoesible* Nal& :appeared onee in ?ubegrath
e(1) and twice in Inibperagraeh e(2)) has been replaced by the term
Par? " This change is in accordamce with the recommendation
et the 00C in peragrm0h of reference (b).
b. Mn mWSparse(1) the phrase "While the employee ie traveling on
official business" has been changed to reed "While the employee 1.3
in en official travel Aetna ammy from his official station," This
Ohmage seems from the comment matained in perlogreOh 4 of referene
(a)
c. in edbparogreph e(2) the word deceased been *Idea before
the nerd "dependent,* to Eat* it clear that Ageacy shall pay for
the 'revocation and transportation of the remains of a dependent who
dies while the vensor is assigned oversew.4, This change ha been
mode in reaponse to the comment centained in paragraph 4 of reference
(a)
d_ The referee= to ths end or atmreernil (2) 25X1A
been supplemented by "for information concerning arrange-
ments te be made in the field-" This change was made partly on the
heals of the comment contained in the final sentence of paragraph 2
of reference (a). and partly at A reault of the next item below-
,. gabpirilarifb0 (a), (a), and (c) hove been added under subpar-a
This addition is considered deoirdble in order that head-
quarters official may accertain the extent of the Agency.:7- rezIponsi
bility when death occur, overiewl without having to refer to a
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0:44141)ENPAL
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respect to referumes (b) we feel that allcomments wtil
asture have been eccomoodated by the BA ref% attached bereto.
le assiatance, we are alao forwarding a eopy of veteran 00
annotated in the margin to reflect counter-centzb thia
accordance with the comment contained in the final sentence of
of reference (e), there is mahmitted herewith Proroftd mele,lon
4(1) of 1 1 This revision is **pip for the purpose of
the circumatances under vial& the Agoincy re preperetion and
tion cots. end does not reflect any Shimee 1221,01-telf
Di stribtion:
/1-7-
-
Addre5sec
(b)
cfln
PRS/Beg- (w/o attachment number
;:k1r5 (26 November 1961)
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PERSONNEL
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e. DISPOSITION OF REMAINS AND EFFECTS IN DEATH we's
(1) The Agency thall pay for the preparation and transportation of the
remains of a deceased employee when death occurs Within the contin-
ental limits of the United 'States while the employee is in an
official travel status away from his official station.
(a) The Agency shall pay up to WO of the expenses of preparing
the remains and all necessary expenses of transporting the
remains of the decedent to his former home, to his official
station, or to any other place that may be determined by the
Director of Personnel to be the appropriate place of interment.
If, however, the remains are transported to a place other than
the decedent's former home or official station, the cost borne
by the Agency may not be greater than would have been incurred
if the destination had been the former home or official station.
(b) The expenses of preparing the remains include costs of em-
balming, cremation, necessary clothing, and casket.
(c) The expenses of transporting the remains include costs of
removal of the remains' from the place Where death occurred
to an undertaking establishment; procurement of burial and
ahipping permits; furnishing an outside case for shipment
(including the sealing of the shipping case when necessary);
delivery to the carrier; transportation by the carrier; and
one removal at the place of interment from the carrier to an
undertaking estehlishmeet or other place of immediate delivery.
(2) The Agency shall pay for the preparation and transportation of the
remains of a deceased employee when death occurs while the employee
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is traveling on official business outside the continental 'limits
of the United States, and shall pay for the preparation and
transportation of the remains of a deceased empleyee or his
decease6 dependent, and of his household effects and personal prop-
erty when death occurs while the employee is assigned to a post out-
aide the continental limits of the United States, or While the
employee or dependent is in transit to or fram such post of assign-
ment. (3ee for information concerning arrangements to be
made in the field.)
(a) The Agency shall pay all reasonable costs incurred for the
preparation and transportation of the remains to the deceased
individual's former home, to the employee's official station,
or to any other place that may be determined by the Director
of Personnel to be the appropriate place of interment. The
preparation and transportation costs include all costa
opecified in subparagraphs (1)(b) and (c) above, and any other
expenses necessarily incurred in complying with the legal
requirements relating to the preparation of the remains.
(b) The Agency shall pay all reasonable costs incurred for the
transportation of a deceased employee's dependents, and for
the packing, crating, drayage, and transportation of house-
hold effects, privately owned motor vehicle, and other personel
peoperty to his former home, official station, or to any
other place that may be determined by the Director of Personnel
(,) be appropriate.
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(c) If the remains and/or dependents, effects, privately owned
motor vehicle, an& personal property are transported to a
place other than the decedent's former home or official
station, the cost borne by the Agency may not be greater than
would have been incurred if the destination had been the
former home or official station.
f. Present e. - no chane
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r%??? .,r To ,.; g
5 NoverAher 1963
MEMORANDUM FOR: Executive Assistant to the Deputy Director
(Support)
SUBJECT: Proposed New Subparagraph (e) of
Disposition of Remains and Effec
Case of Death
Office of Personnel
Comments
No action
required.
Noted; no
action is
necessary.
1. This office has reviewed the draft of
"Disposition of Remains andt.Effects in Death Cases -" It may be
useful to review the situations in which the Agency shall pay the
expenses of preparing and transporting the remains of a decedent
and the authority for such payment
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In addition, 5 U.S. C. 103a and E. O. 8557, as amended, requires the
Agency to pay the expenses of preparing and transporting the remains
of decedents in the following case:
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Office of Personnel
Comments
where the decedent employee, who is stationed in the
United States, dies while in a travel status in the United
States.
5 U. S. C. 103. also applies with respect to returning a decedent
employee's dependents and household effects to the United States
after death abroad.
Since the Reg 3. We would think that since ?Executive Order 8557 does apply
does apply in some instances in Agency death cases, that the language of the
Tersame Order should be carried over into the Agency regulation. However,
standard (see so long as the Agency regulation applies the same standards as the
care 6 below) ,Executive Order, not to do so would not be legally objectionable.
no change is
necessary. 4. The language of subparagraphs e(1) and (2) should avoid
use of the term "responsible" substituting for this "ithall..pay. " The
Agency's only responsibility in this area is to reimburse the proper
0/P agrees?
party for the costs of preparing and transporting the remains of
substitutions certain decedents; section 12 of the Executive Order does, however,
have been place upon the Director the responsibility for providing for notifica-
tion of the next of kin or legal representative of such decedent and
for rendering of every "reasonable assistance" in arranging for
preparation and transportation of the body. Also, it would be better
to substitute for the words "travel on official business" of subparagraph
(1), the phrase "in a travel status away from his official station."
All situations 5. We have some concern as to whether all the situations set
cited in para forth in our paragraph 2, above, are contained in subparagraphs (1)
2 are covereciand (2) of the draft regulations. Can, for example, death of a dependent
of an employee while enroute to or from home leave be read to be
covered under the phrase "in transit to or from such post of assignment"?
You may wish to consider the possibility of expanding this language
somewhat. The Executive Order is so complete with respect to cover-
age and detailed instruction, perhaps some of this language could be
employed effectively.
The question
In second
sentence is
answered in
affirmative.
No change in
language is
necessary. 6. Upon the modification of the phrase "is responsible, "as
Phis change discussed above, we would have no legal objection to the draft as
has been made.
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written. We believe it is a useful addition to our regulations, particu-
larly since it will assist officers abroad charged with the responsibility
for carrying out the Agency's responsibilities in death cases. 25X1A
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Lpfiice of General Counsel
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ta
OGC 63-3307(a)
8 November 1963
MEMORANDUM MR: Executive Assistant to the Deputy
Director (Ektpport)
SUBJECT:
Proposed New Subparagraph (a)
Disposition of Remains and Effects
Case of Death - Addition to 5 November
1963 Memorandum, OGC 63-3307
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v.xxsce oz trammel Counsel
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