CFR Subpart O

CFR Subpart O
in effect

5 C.F.R. § 550.1501 General.

(a) Statutory authority. This subpart implements the Civilian Service Recognition Act of 2011 (Public Law 112-73; December 20, 2011), reprinted as a note to 5 U.S.C.A. 5570, which authorizes agencies to give a flag of the United States to a beneficiary of a Federal civilian employee who dies of injuries incurred in connection with his or her employment with the Federal Government, under specific circumstances. (b) Eligibility. 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.

5 C.F.R. § 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.

5 C.F.R. § 550.1503 Definitions.

In this subpart— Agency means an Executive agency as defined in 5 U.S.C. 105, the United States Postal Service, or the Postal Regulatory Commission. Authorized agency official means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned. Beneficiary means the eligible person who may 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 officer or employee of the Postal Regulatory Commission. Flag means a standard United States flag that is at least 3 feet by 5 feet.

5 C.F.R. § 550.1504 Eligibility.

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

5 C.F.R. § 550.1505 Order of precedence.

If the authorized agency official determines the agency will furnish a flag, it must be issued to one beneficiary pursuant to 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); If none, to any individual related by blood or close family affiliation.

5 C.F.R. § 550.1506 Beneficiary receipt of a flag.

One eligible beneficiary, following the order of precedence in § 550.1505, may be provided a flag by the agency once the agency has— (a) Documented the date and nature of death of the employee and certified that it conforms to the eligibility criteria in § 550.1504; (b) Received a request from a beneficiary; and (c) Established the beneficiary's relationship to the deceased employee and determined whether the beneficiary may receive the flag, consistent with the order of precedence under 550.1505.

5 C.F.R. § 550.1507 Agency responsibilities.

To efficiently and effectively implement the provisions of the law and these regulations, an agency that wishes to furnish a flag pursuant to this part 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 annually; and (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.

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