[Senate Report 118-174]
[From the U.S. Government Publishing Office]
Calendar No. 385
118th Congress } { Report
SENATE
2d Session } { 118-174
_______________________________________________________________________
HONORING CIVIL SERVANTS KILLED IN THE LINE OF DUTY ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3029
TO AMEND TITLE 5, UNITED STATES CODE, TO INCREASE
DEATH GRATUITIES AND FUNERAL ALLOWANCES FOR
FEDERAL EMPLOYEES, AND FOR OTHER PURPOSES
May 9, 2024.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2024
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Devin M. Parsons, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 385
118th Congress Report
SENATE
2d Session 118-174
======================================================================
HONORING CIVIL SERVANTS KILLED IN THE LINE OF DUTY ACT
_______
May 9, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3029]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3029) to amend
title 5, United States Code, to increase death gratuities and
funeral allowances for Federal employees, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............9
I. Purpose and Summary
S. 3029, the Honoring Civil Servants Killed in the Line of
Duty Act, would increase death gratuity payments and financial
assistance to cover funeral expenses for the families of
federal employees killed in the line of duty. Current law
provides $10,000 in compensation to surviving families of civil
servants and $800 toward funeral costs. This bill would provide
$100,000 of financial support to the families of federal
employees who lose their lives on-the-job, as well as $8,800 to
cover funeral expenses. The bill indexes the amount of both
payments to inflation for annual adjustments. In addition, the
bill authorizes an emergency supplemental appropriation for
death gratuities if needed as part of the response to major
events like natural disasters.\1\
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\1\On February 2, 2022, the Committee approved S. 3487, the
Honoring Civil Servants Killed in the Line of Duty Act. That bill, as
reported, is substantially similar to S. 3029. Accordingly, this
committee report is, in many respects, similar to the committee report
for S. 3029. See S. Rept. 117-123.
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II. Background and Need for the Legislation
Current law authorizes $10,000 in payments to surviving
family members of most federal civilian employees killed in
performance of their duties, in addition to a funeral expense
payment of $800.\2\ These compensation levels have not changed
since they were established by Congress in 1997 and 1966,
respectively.\3\ Today, average funeral costs in the United
States range between $7,000 and $9,000, with the averages in
ten states rising above $9,000.\4\ The Honoring Civil Servants
Killed in the Line of Duty Act would increase financial
assistance for funeral expenses from $800 to $8,800, adjusted
annually for inflation. In addition, this bill would provide a
death gratuity benefit to compensate surviving families beyond
simply the cost of a funeral.
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\2\Pub. L. No 103-332, Sec. 312 (1994); and 5 U.S.C. Sec. 8134(a).
\3\Id.; See also Office of Personnel Management: OPM Submits
Legislative Proposal to Congress on Civilian Death Gratuity Benefits
(Sep. 16, 2016) (www.opm.gov/news/releases/2016/09/opm-submits-
legislative-proposal-to-congress-on-civilian-death-gratuity-benefits/)
(accessed Oct. 31, 2023).
\4\World Population Review, Average Funeral Cost by State [Updated
May 2023] (worldpopulationreview.com/state-rankings/average-funeral-
cost-by-state) (accessed Oct. 31, 2023).
---------------------------------------------------------------------------
Some government positions already qualify for financially
meaningful death gratuity payments. For example, surviving
families of Foreign Service employees who lose their lives due
to injuries sustained abroad are eligible for a gratuity
payment equivalent to one year's salary at the rate of Level II
of the Executive Schedule.\5\ The annual rate of pay for
Executive Schedule Level II positions in 2023 is $212,100.\6\
In addition, the Department of Defense death gratuity program
provides $100,000 to survivors of members of the Armed Forces,
along with monthly Dependency and Indemnity Compensation and
other benefits related to health, education, and housing.\7\
This bill would provide all surviving families of federal
employees with a death gratuity payment of at least $100,000,
indexed to inflation going forward.
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\5\22 U.S.C. Sec. 3973(a).
\6\Office of Personnel Management, Salary Table No. 2023-EX: Rates
of Basic Pay for the Executive Schedule (EX) (www.opm.gov/policy-data-
oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/EX.pdf).
\7\Department of Defense Military Compensation, Death Gratuity
(militarypay.defense.gov/benefits/death-gratuity/) (accessed Oct. 31,
2023); Military One Source, Support After Loss Benefits
(www.militaryonesource.mil/family-relationships/gold-star-surviving-
family/gold-star-surviving-family-benefits/) (accessed Oct. 31, 2023).
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In addition to increasing the compensation levels for
families of civil servants following the death of a loved one,
the bill would also address an inequitable administration of
death gratuity payments across the federal government.
According to the Office of Personnel Management (OPM), civilian
agencies vary in the way they administer death gratuities due
to a range of factors, such as the type of job held by the
employee and differing rules related to offset requirements,
tax treatment, and employee eligibility.\8\ In 2016, OPM
submitted a legislative proposal to the U.S. House of
Representatives and Senate to increase and more clearly
authorize a government-wide death gratuity benefit for federal
employees killed in the line of duty.\9\ The Honoring Civil
Servants Killed in the Line of Duty Act mirrors the OPM
legislative proposal and would ensure a more uniform
administration of death gratuity payments. The bill would cover
all federal workers, including interns, seasonal employees,
Peace Corps volunteers, Postal employees, and Transportation
Security Administration (TSA) employees. The death gratuity
payment would apply to deaths as a result of injury or exposure
to a disease in the line of service. This benefit would also
apply to a range of major incidents in which the lives of civil
servants are tragically lost, such as natural disasters,
terrorist attacks, criminal acts, wildfires, or other life-
threatening events that require response teams of federal
employees.
---------------------------------------------------------------------------
\8\Office of Personnel Management: OPM Submits Legislative Proposal
to Congress on Civilian Death Gratuity Benefits (Sep. 16, 2016)
(www.opm.gov/news/releases/2016/09/opm-submits-legislative-proposal-to-
congress-on-civilian-death-gratuity-benefits/) (accessed Oct. 31,
2023).
\9\Id.
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III. Legislative History
Senator Kyrsten Sinema (I-AZ) introduced S. 3029, the
Honoring Civil Servants Killed in the Line of Duty Act, on
October 4, 2023, with original cosponsors Senator Bill Hagerty
(R-TN), Senator Alex Padilla (D-CA), and Senator Josh Hawley
(R-MO). The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 3029 at a business meeting on
October 25, 2023. During the business meeting, Ranking Member
Paul offered an amendment to the bill as well as a modification
to that amendment due to negotiations with Senator Sinema. The
Paul amendment as modified indexed the payments for death
gratuities to the Personal Consumption Expenditure Price Index
(PCE) rather than the Consumer Price Index for All Urban
Consumers (CPI-U) for the purpose of annual adjustments for
inflation. The amendment as modified also required the heads of
agencies to submit a notification to the Government
Accountability Office (GAO) within 15 days after making a death
gratuity payment and required GAO to annually submit a report
to Congress regarding the aggregate amount of death gratuity
payments made by agencies. In addition, the amendment as
modified required GAO to perform an audit of the death gratuity
benefit and submit a report to Congress within three years
after the bill's enactment.
The Committee adopted the modification to the Paul
amendment by voice vote with Senators Peters, Hassan, Sinema,
Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford, Romney, and
Scott present. The Committee adopted the Paul amendment as
modified by voice vote with Senators Peters, Hassan, Sinema,
Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford, Romney, and
Scott present. The bill, as amended by the Paul amendment as
modified, was ordered reported favorably by a roll call vote of
10 yeas to 0 nays, with Senators Peters, Hassan, Sinema, Rosen,
Ossoff, Blumenthal, Butler, Lankford, Romney, and Scott voting
in the affirmative, and Senator Paul recorded as ``present.''
Senators Carper, Johnson, and Hawley voted yea by proxy, for
the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Honoring Civil Servants Killed in the Line of Duty Act.''
Section 2. Increasing death gratuity for Federal employees killed in
the line of duty
Subsection (a) adds a new section 5571 to Title 5, United
States Code, to establish a death gratuity benefit for federal
employees killed in the line of duty, updating and replacing
the death gratuity benefit authority that took effect in 1997.
Section 5571, subsection (a) defines the term ``employee''
for the purpose of federal death gratuity payments. Individuals
employed by the District of Columbia government do not qualify
for federal employee death gratuities.
Section 5571, subsection (b) directs agency heads to pay
death gratuities to beneficiaries if the death of an employee
resulted from an injury sustained by the individual while in
the line of duty, as long as the death was not caused by
willful employee misconduct or intoxication. The amount of the
gratuity is $100,000, adjusted each March based on PCE. The
text clarifies that the Secretary of State maintains authority
for administering the death gratuity payment for certain
employees whose compensation and benefits are established under
the Foreign Service Act of 1980.
Section 5571, subsection (c) defines the term ``child'' in
the context of death gratuity payment recipients. Payment
recipients, listed in order of precedence, include: a
designated beneficiary, a surviving spouse, children of the
employee, surviving parents, an administrator of the employee's
estate, or the person entitled to benefits per the laws of the
employee's state of residence.
Subsection (b) amends Title 49 to provide Federal Aviation
Administration personnel with eligibility for death gratuity
payments under title 5. The Committee's intent is that the
increased death benefit and funeral expenses provided for in
this bill shall apply to all TSA employees, including
Transportation Security Officers.
Section. 3. Funeral expenses
Subsection (a) increases the amount of payment to help
cover funeral expenses for federal employees killed in the line
of duty from $800 to $8,800. It also requires a cost-of-living
adjustment to the payment amount each year.
Subsection (b) applies the increased payment for funeral
expenses toward deaths that occur on or after the date of the
bill's enactment.
Section 4. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force
This section amends section 8102a of Title 5 regarding
death gratuity payments for federal employees killed in
connection with an Armed Forces contingency operation. The
changes would ensure the death gratuity payment for these
employees is $100,000 rather than ``up to'' $100,000 and
adjusted each year for inflation. This section would also
ensure the death gratuity payment is administered in the same
manner as the benefits established in section 5571.
Section 5. Agency gratuity for deaths sustained in the line of duty
abroad
This section amends a section of the Foreign Service Act of
1980 regarding the death gratuity payments for certain Foreign
Service employees. It clarifies the manner in which the
Secretary of State may administer the death gratuity payments
under the Foreign Service Act of 1980, including that the
payments would be offset by any death gratuity payment received
by the beneficiary under section 5571 of Title 5, as
established by this bill.
Section 6. Emergency supplemental authorization
Subsection (a) defines the terms ``agency'' and ``covered
provision'' for the purpose of this section.
Subsection (b) authorizes an emergency supplemental
appropriation if the head of an agency, with the approval of
the Office of Management and Budget, determines that an
emergency incident results in the inability of the agency to
make additional death gratuity payments.
Subsection (c) expresses a sense of Congress that Congress
should take action on an emergency supplemental appropriation
request, as described in subsection (b), within 30 days of an
agency's submission of the request.
Section 7. Personal Consumption Expenditures Price Index
This section changes which price index is referenced in
statute, as amended by this bill, as the basis for annual
adjustments to death gratuity payment amounts. The provisions
replace references to CPI-U with references to PCE.
Section 8. Reporting requirements
Subsection (a) requires the head of an agency that makes a
death gratuity payment as established by this bill in section
5571 of Title 5 to notify GAO within 15 business days after
making the payment.
Subsection (b) requires GAO to submit an annual report to
this Committee and the Committee on Oversight and
Accountability of the House of Representatives regarding the
aggregate amount of death gratuities paid under authorities in
section 5571 of Title 5.
Subsection (c) requires GAO, within three years after the
bill's enactment, to conduct an audit regarding death
gratuities paid under authorities in section 5571 of Title 5.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
The bill would:
Increase payments to family (or another
specified individual) of federal civilian employees
killed in the line of duty to $100,000
Adjust those payments annually to account
for inflation
Increase the funeral benefits paid for
federal employees
Require the Government Accountability Office
to report annually on payments made under the bill and
to occasionally audit those payments
Estimated budgetary effects would mainly stem from:
Increased payments to families of federal
civilian employees who died while on the job
Areas of significant uncertainty include:
The number of payments agencies would be
required to make annually
Bill summary: S. 3029 would increase the death gratuity and
funeral benefits for federal employees who die while on the
job.
Estimated Federal cost: The estimated budgetary effect of
S. 3029 is shown in Table 1. The direct spending costs of the
legislation fall within all budget functions except 900 (net
interest), 920 (allowances), and 950 (offsetting receipts).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 3029
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------------------------------------------------------------
2024- 2024-
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2028 2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization................... 3 4 5 4 4 4 5 4 4 4 20 41
Estimated Outlays......................... 1 3 4 4 4 4 5 4 4 4 16 37
INCREASES IN DIRECT SPENDING
Estimated Budget Authority................ * * 1 * * 1 * * 1 * 1 3
Estimated Outlays......................... * * 1 * * 1 * * 1 * 1 3
Memorandum:
Intergovernmental Collections........... * * -1 * * * -1 * * * -1 -2
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* = between -$500,000 and $500,000.
a Intragovernmental collections from federal agencies to the Department of Labor to pay for federal workers' funeral benefits paid to representatives of
deceased federal employees.
Basis of estimate: For purposes of this estimate, CBO
assumes S. 3029 would be enacted near the start of calendar
year 2024.
Spending subject to appropriation: CBO estimates that
implementing S. 3029 would increase spending subject to
appropriation by $16 million over the 2024-2028 for death
gratuities and funeral benefits (see Table 2).
TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3029
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------
2024-
2024 2025 2026 2027 2028 2028
----------------------------------------------------------------------------------------------------------------
Increased Death Gratuity:
Estimated Authorization............................... 3 4 4 4 4 19
Estimated Outlays..................................... 1 3 3 4 4 15
Funeral Benefits:
Estimated Authorization............................... * * 1 * * 1
Estimated Outlays..................................... * * 1 * * 1
Total Changes:
Estimated Authorization............................... 3 4 5 4 4 20
Estimated Outlays..................................... 1 3 4 4 4 16
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
Increased Death Gratuity. Section 2 of the bill would boost
the limit on payments that federal agencies make for death
gratuities for an employee who dies while performing their
duties from $10,000 to $100,000, with subsequent adjustments
each year to account for inflation. Those payments would be
paid from federal agencies' salaries and expense accounts,
which are largely classified as discretionary spending.
Using information from the Department of Labor (DOL), CBO
estimates that about 40 employees die each year in the course
of performing their duties. Enacting section 2 would increase
death gratuities by $90,000 part way through 2024, and by
somewhat larger amounts in future years. (Some spending would
occur in years after an employee's death because of the timing
of the death and delays in processing the resulting payments.)
On that basis, and assuming appropriation of the necessary
amounts, CBO estimates that implementing section 2 would
increase discretionary costs by $15 million over the 2024-2028
period and $35 million over the 2024-2033 period.
Additionally, the bill would provide inflation adjustments
to death gratuities paid when federal employees die in
connection with the employee's service with the Armed Forces in
a contingency operation. Based on information from the
Department of Defense, CBO does not expect that implementing
that provision would have a significant cost.
Funeral Benefits. Section 3 of S. 3029 would increase the
maximum amount that DOL can reimburse the personal
representative of a deceased federal employee for funeral costs
under the Federal Employees' Compensation Act (FECA) from $800
to $8,800, with subsequent adjustments each year to account for
inflation. CBO expects that most people would receive the
maximum funeral benefit. Those payments are classified as
direct spending and are discussed below under the heading
``Direct Spending.'' In turn, the claimant's employing agency
would reimburse the FECA account from discretionary
appropriations. (Those reimbursements are shown in the
memorandum line in Table 1.) CBO estimates that increasing the
funeral benefit would increase spending subject to
appropriation for reimbursements by $1 million over the 2024-
2028 period and $2 million over the 2024-2033 period.
Government Accountability Office (GAO) reports and audits.
Section 8 of the bill would require GAO to report annually on
the total amount of death gratuity payments made under the
bill. No more than three years after enactment and periodically
thereafter, GAO would be required to audit the payments made
under the bill. Based on information from GAO, CBO estimates
that implementing section 8 would increase spending subject to
appropriation by an insignificant amount annually and over the
2024-2033 period.
Direct spending: CBO estimates that increasing the funeral
benefit under FECA would increase direct spending by $3 million
over the 2024-2033 period, as shown in Table 1. That cost is
slightly more than the amount agencies would reimburse DOL
because reimbursements from agency appropriations are generally
made some time after the benefits are paid. The receipt of
those reimbursements is not counted as having an effect on the
deficit because the payments are dependent on future
appropriations.
Uncertainty: The number of federal employees who die in the
course of their duties could vary considerably from CBO's
estimates. Terrorist attacks, natural disasters, pandemics,
wars, or other exogenous events could significantly increase
the number of federal employees who die on the job. CBO has no
basis to assess the likelihood of any of those events, or the
extent to which those events would change the number of
employee deaths per year compared with what we estimated for
purposes of this estimate.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown under the ``Direct
Spending'' heading in Table 1.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 3029 would not increase net direct
spending by more than $2.5 billion in any of the four
consecutive 10-year periods beginning in 2034.
CBO estimates that enacting S. 3029 would not increase on-
budget deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2034.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal Costs: Dan Ready (federal
pay), Meredith Decker (FECA); Mandates: Andrew Laughlin.
Estimate reviewed by: Barry Blom, Chief, Projections Unit;
Elizabeth Cove Delisle, Chief, Income Security Cost Estimates
Unit; Christina Hawley Anthony, Deputy Director of Budget
Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 55--PAY ADMINISTRATION
Table of sections
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
[SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES] SUBCHAPTER VII--PAYMENTS
TO MISSING PERSONS AND PAYMENTS FOR DISABILITY OR DEATH
Sec.
5561. Definitions.
* * * * * * *
5570. Compensation for disability or death.
5571. Employee death gratuity payments.
* * * * * * *
SUBCHAPTER VII--PAYMENTS TO MISSING [EMPLOYEES] PERSONS AND PAYMENTS
FOR DISABILITY OR DEATH
* * * * * * *
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 in subparagraph
(D) of section 8101(1).
(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 occurring on or after the date of enactment of
this section, notwithstanding section 8116, and in
addition to any payment made under subchapter I of
chapter 81, the head of the agency employing the
employee 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 injury sustained while in
the line of duty of the employee; and
(B) is not--
(i) caused by willful misconduct of
the employee;
(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 of the injured 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 Personal Consumption
Expenditures Price Index 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) Definition.--In this subsection, the term
`child'--
(A) includes--
(i) a natural child; and
(ii) an adopted child; and
(B) does not include a stepchild.
(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 writing 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 the children of the employee
(including the descendant of any deceased child
by representation) such that each such child
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 entitled, under the laws
of the State in which the employee is
domiciled, as of the date on which the employee
dies, to receive the payment.
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 81--COMPENSATION FOR WORK INJURIES
* * * * * * *
SUBCHAPTER 1--GENERALLY
* * * * * * *
SEC. 8102A. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH
EMPLOYEE'S SERVICE WITH AN ARMED FORCE
(a) Death Gratuity Authorized.--[The United States]
(1) In general.--The United States shall pay a death
gratuity of [up to] $100,000 to or for the survivor
prescribed by subsection (d) immediately upon receiving
official notification of the death of an employee who
dies of injuries incurred in connection with the
employee's service with an Armed Force in a contingency
operation.
(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 Personal Consumption
Expenditures Price Index 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) * * *
[(c) Relationship to Other Benefits.--The death gratuity
payable under this section shall be reduced by the amount of
any death gratuity provided under section 413 of the Foreign
Service Act of 1980, section 1603 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006, or any other law of the United States
based on the same death.]
(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, the
death gratuity payable under this section may not be reduced by
the amount of any other death gratuity provided under any other
provision of Federal law based on the same death.
(d) Eligible Survivors.--
(1) * * *
* * * * * * *
(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.
* * * * * * *
SEC. 8133. COMPENSATION IN CASE OF DEATH
* * * * * * *
STATUTORY NOTES AND RELATED SUBSIDIARIES
* * * * * * *
[Gratuity for Death of Civilian Employee From Injury
Sustained in Line of Duty]
Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
Sec. 651], Sept. 30, 1996, 110 Stat. 3009-314, 3009-368,
provided that: ``Notwithstanding section 8116 of title 5,
United States Code, and in addition to any payment made under 5
U.S.C. 8101 et seq., beginning in fiscal year 1997 and
thereafter, the head of any department or agency is authorized
to pay from appropriations made available to the department or
agency a death gratuity to the personal representative (as that
term is defined by applicable law) of a civilian employee of
that department or agency whose death resulted from an injury
sustained in the line of duty on or after August 2, 1990:
Provided, That payments made pursuant to this section, in
combination with the payments made pursuant to sections 8133(f)
and 8134(a) of such title 5 and section 312 of Public Law 103-
332 (108 Stat. 2537) [5 U.S.C. 8134 note], may not exceed a
total of $10,000 per employee.'']
* * * * * * *
SEC. 8134. FUNERAL EXPENSES; TRANSPORTATION OF BODY
(a)
(1) If death results from an injury sustained in the
performance of duty, the United States shall pay, to
the personal representative of the deceased or
otherwise, funeral and burial expenses not to exceed
[$800] $8,800, in the discretion of the Secretary of
Labor.
(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.
(b) * * *
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
* * * * * * *
CHAPTER 52--FOREIGN SERVICE
* * * * * * *
SUBCHAPTER IV--COMPENSATION
* * * * * * *
SEC. 3973. DEATH GRATUITIES
(a) Criteria; Amount; Payment Deemed Gift.--The Secretary
may provide for payment of a gratuity to the surviving
[dependents] beneficiaries of any Foreign Service employee, who
dies as a result of injuries sustained in the performance of
duty abroad, in an amount equal to one year's salary at level
II of the Executive Schedule under section 5313 of title 5 at
the time of death, except that for employees compensated under
local compensation plans established under section 3968 of this
title the amount shall be equal to the greater of either one
year's salary at the time of death, or one year's basic salary
at the highest step of the highest grade on the local
compensation plan from which the employee was being paid at the
time of death. Any death gratuity payment made under this
section shall be held to have been a gift and shall be in
addition to any other benefit payable from any source except as
provided in subsection (e).
(b) [Other] 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
[survivors] 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) [or of] 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 [while subject to the
authority of the chief of mission pursuant to section
3927 of this title].
(c) * * *
[(d) Eligibility to Elect Monthly Compensation as Condition
to Payment.--A death gratuity payment shall be made under this
section only if the survivor entitled to payment under
subsection (c) is entitled to elect monthly compensation under
section 8133 of title 5, because the death resulted from an
injury (excluding a disease proximately caused by the
employment) sustained in the performance of duty, without
regard to whether such survivor elects to waive compensation
under such section 8133.]
(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.--For deaths occurring on or after the date of
enactment of the Honoring Civil Servants Killed in the Line of
Duty Act, the death gratuity payable under this section shall
be reduced by the amount of any death gratuity provided under
section 5571 of title 5, United States Code, based on the same
death.
[(e)](f) Definitions.--As used in this section--
(1) * * *
(2) [each of] the [terms ``widow'', ``widower'',
``child'', and ``parent'' shall have the same meaning
given each such term by section 8101 of title 5] 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.
* * * * * * *
TITLE 49--TRANSPORTATION
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART I--GENERAL
* * * * * * *
CHAPTER 401--GENERAL PROVISIONS
* * * * * * *
SEC. 40122. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM
(a) In General.--
* * * * * * *
(g) Personnel Management System.--
(1) * * *
(2) Applicability of Title 5.--The provisions of
title 5 shall not apply to the new personnel management
system developed and implemented pursuant to paragraph
(1), with the exception of--
(A) * * *
* * * * * * *
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) * * *
(ii) * * *
(iii) receipt by a career appointee
or a senior career employee of the rank
of Distinguished Executive or
Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan; [and]
(J) subject to paragraph (4) of this
subsection, section 6329, relating to disabled
veteran leave[.]; and
(K) section 5571, relating to death
gratuities resulting from an injury sustained
in the line of duty.
* * * * * * *