Special Agent Samuel Hicks Families of Fallen Heroes Act

(This measure has not been amended since it was passed by the Senate on May 14, 2010. The summary of that version is repeated here.)

Special Agent Samuel Hicks Families of Fallen Heroes Act - Authorizes the head of the concerned agency to pay the transportation (including one privately owned motor vehicle) and moving expenses attributable to a change of residence within the United States of the immediate family of a covered employee, including any federal law enforcement officer, Federal Bureau of Investigation (FBI) employee, or customs and border protection officer, who dies as a result of personal injury sustained while in the performance of duties, as well as expenses of preparing and transporting the remains of the deceased to the place where the family will reside following the employee's death (or another appropriate place for interment).

Prohibits duplicative payment of such expenses.

Declares that no determination made under this Act shall be deemed relevant to or be considered in connection with any workers compensation claim under which compensation may be provided on account of death or personal injury, nor shall any determination made with respect to any such claim be deemed relevant to or be considered in connection with any request for payment of expenses under this Act.

[111th Congress Public Law 178]
[From the U.S. Government Publishing Office]



[[Page 124 STAT. 1262]]

Public Law 111-178
111th Congress

                                 An Act


 
To amend title 5, United States Code, to provide for the transportation 
    and moving expenses for the immediate family of certain Federal 
 employees who die in the performance of their duties. <<NOTE: June 9, 
                         2010 -  [H.R. 2711]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Special Agent 
Samuel Hicks Families of Fallen Heroes Act.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Special Agent Samuel Hicks Families 
of Fallen Heroes Act''.
SEC. 2. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF 
                    CERTAIN DECEASED FEDERAL EMPLOYEES.

    (a) In General.--Subchapter II of chapter 57 of title 5, United 
States Code, is amended by inserting after section 5724c the following:
``Sec. 5724d. Transportation and moving expenses for immediate 
                    family of certain deceased Federal employees

    ``(a) In General.-- <<NOTE: Regulations. President.>> Under 
regulations prescribed by the President, the head of the agency 
concerned (or a designee) may determine that a covered employee died as 
a result of personal injury sustained while in the performance of the 
employee's duty and authorize or approve the payment by the agency, from 
Government funds, of--
            ``(1) any qualified expense of the immediate family of the 
        covered employee attributable to a change in their place of 
        residence, if the place where the immediate family will reside 
        following the death of the employee is--
                    ``(A) different from the place where the immediate 
                family resided at the time of the employee's death; and
                    ``(B) within the United States; and
            ``(2) any expense of preparing and transporting the remains 
        of the deceased to--
                    ``(A) the place where the immediate family will 
                reside following the death of the employee; or
                    ``(B) such other place appropriate for interment as 
                is determined by the agency head (or designee).

    ``(b) No Duplicate Payment of Expenses.--No expenses may be paid 
under this section if those expenses are paid from Government funds 
under section 5742 or any other authority.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `covered employee' means--
                    ``(A) a law enforcement officer, as defined in 
                section 5541;

[[Page 124 STAT. 1263]]

                    ``(B) any employee in or under the Federal Bureau of 
                Investigation who is not described in subparagraph (A); 
                and
                    ``(C) a customs and border protection officer, as 
                defined in section 8331(31); and
            ``(2) the term `qualified expense', as used with respect to 
        an immediate family changing its place of residence, means the 
        transportation expenses of the immediate family, the expenses of 
        moving (including transporting, packing, crating, temporarily 
        storing, draying, and unpacking) the household goods and 
        personal effects of such immediate family, not in excess of 
        18,000 pounds net weight, and, when authorized or approved by 
        the agency head (or designee), the transportation of 1 privately 
        owned motor vehicle.''.

    (b) <<NOTE: 5 USC 5724 note.>> No Relevance as to Compensation 
Claims.--No determination made under section 5724d of title 5, United 
States Code, shall be deemed relevant to or be considered in connection 
with any claim for compensation under chapter 81 of that title or under 
any other law under which compensation may be provided on account of 
death or personal injury, nor shall any determination made with respect 
to any such claim be deemed relevant to or be considered in connection 
with any request for payment of expenses under such section 5724d.

    (c) Clerical Amendment.--The table of sections for chapter 57 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 5724c the following:

``Sec. 5724d. Transportation and moving expenses for immediate family of 
           certain deceased Federal employees.''.

    Approved June 9, 2010.

LEGISLATIVE HISTORY--H.R. 2711:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-274 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Dec. 8, considered and passed House.
                                                        Vol. 156 (2010):
                                    May 14, considered and passed 
                                        Senate, amended.
                                    May 25, House concurred in Senate 
                                        amendments.

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