[House Report 112-149]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-149
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CIVILIAN SERVICE RECOGNITION ACT OF 2011
_______
July 18, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2061]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2061) to authorize the presentation
of a United States flag at the funeral of Federal civilian
employees who are killed while performing official duties or
because of their status as a Federal employee, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Federal Advisory Committee Act................................... 4
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill as Reported............. 6
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Service Recognition Act of
2011''.
SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL
CIVILIAN EMPLOYEES WHO DIE OF INJURIES IN
CONNECTION WITH THEIR EMPLOYMENT.
(a) Presentation Authorized.--Upon receipt of a request under
subsection (b), the head of an executive agency may pay the expenses
incident to the presentation of a flag of the United States for an
individual who--
(1) was an employee of the agency; and
(2) dies of injuries incurred in connection with such
individual's employment with the Federal government.
(b) Request for Flag.--The head of an executive agency may furnish a
flag for a deceased employee described in subsection (a) upon the
request of--
(1) the employee's next of kin; or
(2) if no request is received from the next of kin, an
individual other than the next of kin as determined by the
Director of the Office of Personnel Management.
(c) Classified Information.--The head of an executive agency may
disclose information necessary to show that a deceased individual is an
employee described in subsection (a) 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.
(d) Employee Notification of Flag Benefit.--The head of an executive
agency shall provide appropriate notice to employees of the agency of
the flag benefit provided for under this section.
(e) Regulations.--The Director of the Office of Personnel Management,
in coordination with the Secretary of Defense and the Secretary of
Homeland Security, may prescribe regulations to implement this section.
Any such regulations shall provide for the head of an executive agency
to consider the conditions and circumstances surrounding the death of
an employee and nature of the service of the employee.
(f) Definitions.--In this section:
(1) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code, and
includes--
(A) individuals who perform volunteer services at the
discretion of the head of an executive agency; and
(B) an officer or employee of the United States
Postal Service or of the Postal Regulatory Commission.
(2) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 105 of title 5, United
States Code, and includes the United States Postal Service and
the Postal Regulatory Commission.
Amend the title so as to read:
A bill to authorize the presentation of a United States flag on
behalf of Federal civilian employees who die of injuries in connection
with their employment.
COMMITTEE STATEMENT AND VIEWS
Purpose and Summary
The Federal Government's unique mission places some Federal
civilian employees in dangerous situations. Sadly, nearly 3,000
Federal civilian workers have died on the job since 1992.\1\
For those civilian employees who make the ultimate sacrifice in
the course of service to their country, the Civilian Service
Recognition Act of 2011 authorizes presentation of a United
States flag as a way for the Nation to formally express
sympathy and gratitude.
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\1\U.S. Office of Personnel Management, Office of Congressional
Relations, June 22, 2011.
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Background and Need for Legislation
Many civilian employees are veterans and thus eligible for
military funeral honors, which include presentment of a United
States flag.\2\ Federal civilian employees who die of injuries
in connection with their service with an armed force in a
contingency operation are eligible to receive a United States
flag.\3\ While the Federal Government honors the sacrifice of
its public servants who lose their lives in connection with our
armed forces, it lacks a policy authorizing the presentment of
a United States flag to the families of civilian employees
serving elsewhere who lose their lives as a result of their
employment. As U.S. Office of Personnel Management Director
John Berry stated at the 2009 Excellence in Government
conference, ``Just as we owe our men and women who die in
uniform more than we can ever repay, we owe these non-combatant
workers a debt of honor as well, and I challenge anyone to say
their lives are less dear.''\4\
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\2\10 U.S.C. Sec. 1491.
\3\10 U.S.C. Sec. 1482a.
\4\U.S. Office of Personnel Management, Director John Berry, A New
Day for the Civil Service, Available at http://blogs.govexec.com/
fedblog/2009/07/john_berrys_speech_at_excellen.php. (Last visited June
24, 2011).
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Accordingly, H.R. 2061 authorizes agency heads to provide
for the presentation of a United States flag to the next of kin
of Federal civilian employees who lose their lives as a result
of injuries in connection with their status as a Federal
employee. Presentation of a United States flag is an
appropriate way to honor Federal employees' contributions to
the American public. The Committee believes these individuals
are no less deserving of our respect than members of our armed
forces.
Legislative History
In 1993, Congress gave armed service secretaries authority
to pay expenses incident to the death of a Federal civilian
employee whose death results from injuries in connection with
their service with an armed force in a contingency operation.
Expenses include presentation of a United States flag to the
next of kin of the employee.\5\
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\5\P.L. 103-160, Sec. 368(a), November 30, 1993, 107 Stat. 1633.
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SECTION-BY-SECTION
Section 1. Short title
The short title of the bill is the ``Civilian Service
Recognition Act of 2011''.
Section 2. Presentation of United States flag on behalf of Federal
civilian employees who die of injuries in connection with their
employment
Federal civilian employees who die of injuries in
connection with their employment are eligible for a United
States flag. Agency heads may furnish a flag and pay expenses
incident to the presentation of the flag upon request of the
deceased employee's next of kin or another individual as
determined by the Director of the Office of Personnel
Management.
Agency heads shall inform employees of their eligibility
for this benefit.
The Director of the Office of Personnel Management may
prescribe regulations, in coordination with the Secretaries of
Defense and Homeland Security. Such regulations shall require
agency heads to consider the conditions and circumstances of
the employee's death and nature of their service.
EXPLANATION OF AMENDMENTS
Chairman Issa offered an amendment in the nature of a
substitute making a number of changes designed to facilitate
implementation of the legislation. The amendment modifies the
definition of eligibility to include an employee who dies of
injuries incurred in connection with their status as a Federal
employee, and to cover postal employees. The amendment provides
agencies discretion in the presentation of the flag by
authorizing agencies to pay for the expenses incident to such
presentation. The amendment clarifies those eligible to request
a flag, and grants the Director of the Office of Personnel
Management authority to promulgate regulations in coordination
with the Secretaries of the Departments of Defense and Homeland
Security. Regulatory coordination will ensure appropriate
benefits for employees also eligible for presentation of a flag
under 10 U.S.C. Sec. 1482a. The amendment was agreed to by
voice vote.
COMMITTEE CONSIDERATION
On June 22, 2011, the Committee met in open session and
ordered reported favorably the bill, H.R. 2061, as amended, by
voice vote, a quorum being present.
ROLL CALL VOTES
No recorded votes were taken during the consideration of
H.R. 2061.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes heads of executive branch agencies to
provide for the presentation of a United States flag to the
next of kin of Federal civilian employees who lose their lives
as a result of injuries in connection with their status as a
Federal employee. Legislative branch agencies are not
authorized by this bill to provide for the presentation of a
flag to the next of kin of legislative branch employees who
lose their lives in connection with their status as a Federal
employee.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
UNFUNDED MANDATE STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
EARMARK IDENTIFICATION
H.R. 2061 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of Rule XXI.
COMMITTEE ESTIMATE
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 2061. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 2061 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 6, 2011.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2061, the Civilian
Service Recognition Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Robert A. Sunshine.
(For Douglas W. Elmendorf, Director).
Enclosure.
H.R. 2061--Civilian Service Recognition Act of 2011
H.R. 2061 would authorize federal agencies to present a
United States flag to the families of federal civilian
employees who are killed while performing official duties or
because of their status as a federal employee. The bill would
require the Office of Personnel Management, in coordination
with the Departments of Defense and Homeland Security, to
develop regulations to implement the legislation.
Based on the current cost to the government of obtaining
and presenting flags, and the small number of likely recipients
in any given year, CBO estimates that implementing H.R. 2061
would have no significant impact on the federal budget.
Enacting the bill could affect direct spending by agencies
not funded through annual appropriations, such as the Tennessee
Valley Authority and the Bonneville Power Administration;
therefore, pay-as-you-go procedures apply. CBO estimates,
however, that any net increase in spending by those agencies
would not be significant. Enacting H.R. 2061 would not affect
revenues.
H.R. 2061 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED
There were no changes in existing law made by H.R. 2061.