No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5883 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5883
To provide and expand gratuities for employees killed in the line of
duty, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 3, 2023
Mr. Connolly (for himself and Mr. Fitzpatrick) introduced the following
bill
October 25, 2023
Referred to the Committee on Oversight and Accountability, and in
addition to the Committees on Foreign Affairs, Armed Services,
Veterans' Affairs, Transportation and Infrastructure, Homeland
Security, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide and expand gratuities for employees killed in the line of
duty, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Civil Servants Killed in
the Line of Duty Act''.
SEC. 2. INCREASING DEATH GRATUITY FOR FEDERAL EMPLOYEES KILLED IN THE
LINE OF DUTY.
(a) Amendments to Title 5, United States Code.--
(1) In general.--Subchapter VII of chapter 55 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 5571. Employee death gratuity payments
``(a) Definition.--
``(1) In general.--Notwithstanding section 5561(2), in this
section, the term `employee' means an individual who has been
determined by the Secretary of Labor to be an employee within
the meaning of section 8101(1), but not including any
individual described under subparagraph (D) of such section.
``(2) Exclusive authority.--A determination described in
paragraph (1) may be made only by the Secretary of Labor.
``(b) Gratuity.--
``(1) In general.--With respect to the death of an
employee, the head of the agency at which the employee was
employed shall pay from appropriations made available for
salaries and expenses of that agency a death gratuity to the
person identified under subsection (c)(2), if the death of the
employee--
``(A) results from injuries incurred--
``(i) in connection with such employee's
employment with the Federal Government; or
``(ii) as a result of a criminal act, an
act of terrorism, a natural disaster, or any
other circumstance as determined by the agency
head; and
``(B) is not--
``(i) caused by willful misconduct of the
employee, as determined by a review conducted
by the applicable office of Inspector General;
``(ii) caused by the intention of the
employee to bring about the injury or death of
the employee or another; or
``(iii) proximately caused by the
intoxication or self-impairment of the
employee.
``(2) Amount.--
``(A) In general.--Except as provided in
subparagraph (B), the amount of a death gratuity paid
under paragraph (1) with respect to an employee shall
be $100,000, as adjusted each March 1 by the amount
determined by the Secretary of Labor to represent the
percentage change in the Consumer Price Index for All
Urban Consumers (all items; United States city average)
published for December of the preceding year over that
Index published for the December of the year prior to
the preceding year, adjusted to the nearest \1/10\ of 1
percent.
``(B) Local compensation plans.--For an employee
compensated under a local compensation plan established
under section 408 of the Foreign Service Act of 1980
(22 U.S.C. 3968), the amount of a death gratuity paid
under paragraph (1) with respect to the employee shall
be in an amount determined in rules issued by the
Secretary of State.
``(c) Recipient of Payment.--
``(1) Child defined.--In this subsection, the term `child'
means a child of an employee of any age, including--
``(A) an adopted child or a stepchild; and
``(B) a foster child but only if the child lives
with the employee in a regular parent-child
relationship.
``(2) Order of precedence.--A death gratuity paid under
subsection (b) with respect to an employee shall be paid in the
following order of precedence:
``(A)(i) To the beneficiary designated to receive
the gratuity by the employee in a signed and witnessed
official Federal Government form that is received by
the agency employing the employee before the date of
the death of the employee.
``(ii) A designation, change, or cancellation of
beneficiary in a will, or another document not
described in clause (i), shall have no force or effect
for the purposes of that clause.
``(B) If there is no beneficiary described in
subparagraph (A), to the surviving spouse of the
employee.
``(C) If neither subparagraph (A) nor (B) applies,
to any child (or grandchild if the child who is the
parent of such grandchild is deceased) such that each
such child or grandchild (as the case may be) receives
an equal amount of the gratuity.
``(D) If none of subparagraph (A), (B), or (C)
applies, to the surviving parents of the employee such
that each such surviving parent receives an equal
amount of the gratuity.
``(E) If none of subparagraphs (A) through (D)
applies, to the duly appointed executor or
administrator of the estate of the employee.
``(F) If none of subparagraphs (A) through (E)
applies, to the person designated according to the laws
of the State in which the insured individual legally
resided.
``(d) Tax Treatment.--A payment under this section shall not be
includible in the gross income of the recipient for purposes of the
Internal Revenue Code of 1986.''.
(2) Repeal of death gratuity payment authority.--Section
651 of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (5 U.S.C. 8133 note) is repealed.
(3) Technical and conforming amendments.--
(A) Subchapter heading.--The heading for subchapter
VII of chapter 55 of title 5, United States Code, is
amended by striking ``EMPLOYEES'' and inserting
``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''.
(B) Other conforming changes.--The table of
sections for chapter 55 of title 5, United States Code,
is amended--
(i) by striking the item relating to
subchapter VII and inserting the following:
``subchapter vii--payments to missing persons and payments for
disability or death'';
and
(ii) by inserting after the item relating
to section 5570 the following:
``5571. Employee death gratuity payments.''.
(b) Other Employees.--
(1) FAA.--Section 40122(g)(2) of title 49, United States
Code, is amended--
(A) in subparagraph (I)(iii), by striking ``and''
after the semicolon;
(B) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (J), the
following:
``(K) section 5571, relating to death gratuities
resulting from an injury sustained in the line of
duty.''.
(2) Certain tsa employees.--Section 111(d)(2) of the
Aviation and Transportation Security Act (49 U.S.C. 44935 note)
is amended by adding at the end the following:
``(C) Death gratuity.--Section 5571 of title 5,
United States Code, shall apply to any individual
appointed under paragraph (1).''.
(3) VHA employees.--Section 7425 of title 38, United States
Code, is amended by adding at the end the following:
``(d) Notwithstanding any other provision of this subchapter, the
Administration shall provide, with respect to individuals appointed to
any position described in section 7421(b) who are employed for
compensation by the Administration, the death gratuity under section
5571 of title 5.''.
(c) Applicability.--The amendments made by subsection (a) and (b)
shall apply with respect to any death occurring on or after the date of
enactment of this Act.
SEC. 3. FUNERAL EXPENSES.
(a) In General.--Section 8134(a) of title 5, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``$800'' and inserting ``$8,800''; and
(3) by adding at the end the following:
``(2) The amount described in paragraph (1) shall be adjusted on
March 1 of each year by the percentage amount determined by the
Secretary of Labor under section 8146a for that year.
``(3) A payment under this subsection shall not be includible in
the gross income of the recipient for purposes of the Internal Revenue
Code of 1986.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any death occurring on or after the date of
enactment of this Act.
SEC. 4. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH
EMPLOYEE'S SERVICE WITH AN ARMED FORCE.
(a) In General.--Section 8102a of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``The United States'' and inserting
the following:
``(1) In general.--The United States'';
(B) in paragraph (1), as so designated, by striking
``up to''; and
(C) by adding at the end the following:
``(2) Adjustment.--The amount described in paragraph (1)
shall be adjusted each March 1 by the amount determined by the
Secretary of Labor to represent the percentage change in the
Consumer Price Index for All Urban Consumers (all items; United
States city average) published for December of the preceding
year over that Index published for the December of the year
prior to the preceding year, adjusted to the nearest \1/10\ of
1 percent.'';
(2) by striking subsection (c) and inserting the following:
``(c) Relationship to Other Benefits.--With respect to a death
occurring on or after the date of enactment of the Honoring Civil
Servants Killed in the Line of Duty Act, any compensation otherwise
payable to an individual under this section in connection with any
death shall be reduced by any amounts payable to such individual under
any other program funded in whole or in part by the United States
(excluding any amount payable under section 5569(d)) in connection with
such death.'';
(3) in subsection (d), by adding at the end the following:
``(7) If a person covered by this section does not have any
eligible survivors, as described in this subsection, and that
person has not designated an alternate person to receive a
payment under this section, the payment shall be paid to the
personal representative of the person's estate.''; and
(4) by adding at the end the following:
``(f) Tax Treatment.--A payment under this section shall not be
includible in the gross income of the recipient for purposes of the
Internal Revenue Code of 1986.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any death occurring on or after the date of
enactment of this Act.
SEC. 5. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE LINE OF DUTY
ABROAD.
(a) In General.--Section 413 of the Foreign Service Act of 1980 (22
U.S.C. 3973) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking
``dependents'' and inserting ``beneficiaries''; and
(B) in the second sentence, by inserting ``, except
as provided in subsection (e)'' after ``payable from
any source'';
(2) by amending subsection (b) to read as follows:
``(b) Executive Agencies.--The head of an executive agency shall,
pursuant to guidance issued under subsection (c), make a death gratuity
payment authorized by this section to the surviving beneficiaries of--
``(1) any employee of that agency who dies as a result of
injuries sustained in the performance of duty abroad while
subject to the authority of the chief of mission pursuant to
section 207; or
``(2) an individual in a special category serving in an
uncompensated capacity for that agency abroad in support of a
diplomatic mission, as identified in guidance issued under
subsection (c), who dies as a result of injuries sustained in
the performance of duty abroad.'';
(3) by striking ``Guidance.--'' and all that follows
through ``pursuant to section 207.'' and inserting the
following:
``(c) Guidance.--Not later than 60 days after the date of the
enactment of the Consolidated Appropriations Act, 2014, the Secretary
shall, in consultation with the heads of other relevant executive
agencies, issue guidance with criteria for determining eligibility for,
and order of payments to, survivors and beneficiaries of any employee
or of an individual in a special category serving in an uncompensated
capacity for that agency who dies as a result of injuries sustained in
the performance of duty while subject to the authority of the chief of
mission pursuant to section 207.'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (f);
(6) by inserting after subsection (c) the following new
subsections:
``(d) Eligibility Under Chapter 81 of Title 5, United States
Code.--A death gratuity payment shall be made under this section only
if the death is determined by the Secretary of Labor to have resulted
from an injury (excluding a disease proximately caused by the
employment) sustained in the performance of duty under section 8102 of
title 5, United States Code.
``(e) Offset.--Any compensation otherwise payable to an individual
under this section in connection with any death shall be reduced by any
amounts payable to such individual under any other program funded in
whole or in part by the United States (excluding any amount payable
under section 5569(d)) in connection with such death.'';
(7) in subsection (f), as so redesignated by paragraph (5),
by amending paragraph (2) to read as follows:
``(2) the term `surviving beneficiaries' means the person
or persons identified pursuant to the order of precedence
established under section 5571(c)(2) of title 5, United States
Code.''; and
(8) by adding at the end the following:
``(g) Tax Treatment.--A payment under this section shall not be
includible in the gross income of the recipient for purposes of the
Internal Revenue Code of 1986.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any death occurring on or after the date of
enactment of this Act.
SEC. 6. ADJUSTMENT OF CERTAIN DEATH GRATUITIES UNDER TITLE 10 OF THE
UNITED STATES CODE.
(a) In General.--Section 1478 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting after ``$100,000'' the
following: ``, as adjusted each March 1 by the amount
determined by the Secretary of Labor to represent the
percentage change in the Consumer Price Index for All Urban
Consumers (all items; United States city average) published for
December of the preceding year over that Index published for
the December of the year prior to the preceding year, adjusted
to the nearest \1/10\ of 1 percent''; and
(2) by adding at the end the following:
``(e) Tax Treatment.--A payment under this section shall not be
includible in the gross income of the recipient for purposes of the
Internal Revenue Code of 1986.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any death occurring on or after the date of
enactment of this Act.
SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.
(a) Definitions.--In this section--
(1) the term ``agency'' means an agency that is authorized
or required to make a payment under a covered provision; and
(2) the term ``covered provision'' means--
(A) section 5571 of title 5, United States Code, as
added by section 2 of this Act;
(B) section 8102a of such title, as amended by
section 4 of this Act; or
(C) section 413 of the Foreign Service Act of 1980
(22 U.S.C. 3973), as amended by section 5 of this Act.
(b) Authorization.--If the head of an agency determines, with the
concurrence of the Director of the Office of Management and Budget,
that a natural disaster, act of terrorism, or other incident would
result in costs that would exceed the amounts available to the agency
to make additional payments under a covered provision--
(1) there are authorized to be appropriated to the agency
such additional sums as may be necessary to make those
additional payments; and
(2) the head of the agency may make such additional
payments to the extent additional such additional sums are made
available for those purposes.
(c) Sense of Congress.--It is the sense of Congress that, not later
than 30 days after the date on which the head of an agency submits to
Congress a request for supplemental appropriations for the purposes
described in subsection (b), Congress should take action with respect
to that request.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Accountability, and in addition to the Committees on Foreign Affairs, Armed Services, Veterans' Affairs, Transportation and Infrastructure, Homeland Security, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Health.