,,ii  #aadth ,,congress  #b;d ,session  
,s4 #cdgc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ag1 
#bjaf ,ms4 ,mikulski 7for herself1 ,mr4 
,cardin1 and ,mr4 ,warner7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on      
,finance  ,a ,,bill  ,to increase       
outdated death gratuities and funeral   
allowances for ,federal civilian        
employees killed in the line of duty1 to
 expand the scope of eligible           
beneficiaries1 to codify tax treatment1 
to change offset requirements1 to       
harmonize death gratuities across       
,federal agencies1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,death ,gratuity    
,equity ,act of #bjaf4  #b4 ,increasing 
the death gratuity for a ,federal       
civilian employee killed in the line of 
duty  7a7 ,amendment to title #e        
,subchapter ,,vii of chapter #ee of     
title #e1 ,united ,states ,code1 is     
amended by adding at the end the        

following3  #eega4 ,certain employee    
death gratuities payable by reason of   
death of a ,federal civilian employee   
resulting from an injury sustained in   
the line of duty  7a7 ,definitions ,in  
this section-- 7#a7 the term child--    
7,a7 includes-- 7i7 a natural child2 and
  7ii7 an adopted child2 and  7,b7 does 
not include a stepchild who has not been
 adopted by the applicable civilian     
employee2 and  7#b7 the term civilian   
employee means an individual who the    
,secretary of ,labor has determined is  
an employee1 as defined in section      
#haja7a74  7b7 ,death gratuity          
authorized  7#a7 ,in general            
,notwithstanding section #haaf1 and in  
addition to any payment made under      
subchapter ,i of chapter #ha1 the head  
of an agency shall pay from             
appropriations made available for       
salaries and expenses of that agency a  
death gratuity for the death of a       
civilian employee of that agency        
occurring on or after the date of       

enactment of this section if the death  
of the civilian employee--  7,a7        
resulted from an injury sustained in the
 line of duty2 and  7,b7 did not result 
from--  7i7 natural causes2 or  7ii7    
serious and willful misconduct by the   
civilian employee4  7#b7 ,payment ,a    
death gratuity paid under paragraph 7#a7
 shall be-- 7,a7 in the amount described
 in subsection 7c72 and  7,b7 paid to a 
person described in subsection 7d74  7c7
 ,amounts available  7#a7 ,in general   
,except as provided in paragraph 7#b71  
the amount of a death gratuity paid     
under this section shall be--  7,a7     
#ajj1jjj per civilian employee2 and     
7,b7 adjusted annually on ,march #a of  
each year by the amount determined by   
the ,secretary of ,labor to represent   
the percentage difference between the   
,consumer ,price ,index 7all items2     
,united ,states city average7 published 
for ,december of the preceding year and 
that price index published for the      
,december of the year before the        

preceding year1 adjusted to the nearest 
#a_/aj of #a percent4  7#b7 ,local      
compensation plan ,the amount of a death
 gratuity paid in relation to the death 
of a civilian employee compensated under
 a local compensation plan established  
under section #djh of the ,foreign      
,service ,act of #aihj 7#bb ,u4,s4,c4   
#cifh7 shall be determined by           
regulations promulgated by the          
,secretary of ,state4  7d7 ,execution of
 payment  7#a7 ,establishment of claim  
,upon the establishment of a valid claim
 for a death gratuity under this        
section1 payment shall be made--  7,a7  
to a person who-- 7i7 survives a        
civilian employee on the date of the    
death of the civilian employee2 and     
7ii7 is alive on the date that title to 
the payment arises2 and  7,b7 in the    
order of precedence established under   
paragraph 7#b74  7#b7 ,order of payment 
,the order of precedence established    
under this paragraph is as follows3 7,a7
 7i7 ,to a beneficiary designated by the

 civilian employee in a signed and      
witnessed writing that--  7,i7 is       
received by the agency employing the    
civilian employee before the date of the
 death of the civilian employee2 and    
7,,ii7 specifies that the beneficiary   
shall receive an amount payable under   
this section4  7ii7 ,a will or other    
document that is not executed and filed 
as described in clause 7i7 shall not    
constitute a writing under clause 7i7   
and such a will or other document shall 
have no force or effect4  7,b7 ,if there
 is no beneficiary designated under     
subparagraph 7,a71 to the surviving     
spouse of the civilian employee4  7,c7  
,if subparagraphs 7,a7 and 7,b7 do not  
apply1 to-- 7i7 the child or children of
 the civilian employee2 and  7ii7 any   
descendants of a deceased child or      
children of the civilian employee by    
representation4  7,d7 ,if subparagraphs 
7,a71 7,b71 and 7,c7 do not apply1 to   
the surviving parent or parents of the  
civilian employee4  7,e7 ,if            

subparagraphs 7,a7 through 7,d7 do not  
apply1 to the duly appointed executor or
 administrator of the estate of the     
civilian employee4  7,f7 ,if            
subparagraphs 7,a7 through 7,e7 do not  
apply1 to the person entitled to the    
payment under the laws of the domicile  
of the civilian employee on the date of 
the death of the civilian employee4  7e7
 ,payment not gross income ,a payment   
under this section shall not be         
considered gross income of a person     
described in subsection 7d77#b7 under   
section #fa of the ,internal ,revenue   
,code of #aihf4  4  7b7 ,amendments to  
title #di ,section #djabb7;g77#b7 of    
title #di1 ,united ,states ,code1 is    
amended-- 7#a7 by redesignating         
subparagraphs 7,c7 through 7,j7 as      
subparagraphs 7,d7 through 7,k71        
respectively2 and  7#b7 by inserting    
after subparagraph 7,b7 the following3  
7,c7 section #eega1 relating to a death 
gratuity resulting from an injury       
sustained in the line of duty2  4  7c7  

,technical and conforming amendments    
,chapter #ee of title #e1 ,united       
,states ,code1 is amended--  7#a7 in the
 heading for subchapter ,,vii1 by       
striking employees and inserting persons
 and payments for disability or death2  
and  7#b7 in the table of sections--    
7,a7 by striking the item relating to   
subchapter ,,vii and inserting the      
following3  ,,subchapter                
,,vii--,payments to missing persons and 
payments for disability or death  2  and
  7,b7 by inserting after the item      
relating to section #eegj the following3
  #eega4 ,certain employee death        
gratuities payable by reason of death of
 a ,federal civilian employee resulting 
from an injury sustained in the line of 
duty4  4  #c4 ,repeal of #aiif death    
gratuity payment authority ,section #fea
 of the ,treasury1 ,postal ,service1 and
 ,general ,government ,appropriations   
,act1 #aiig 7#e ,u4,s4,c4 #hacc note2   
,public ,law #ajd-bjh7 is repealed4  #d4
 ,funeral and burial expenses  7a7 ,in  

general ,section #hacd of title #e1     
,united ,states ,code1 is amended by    
striking subsection 7a7 and inserting   
the following3  7a7 7#a7 ,for deaths    
occurring on or after the date of       
enactment of the ,death ,gratuity       
,equity ,act of #bjaf1 if death results 
from an injury sustained in the         
performance of duty1 the ,united ,states
 shall pay1 to the personal             
representative of the deceased or       
otherwise1 funeral and burial expenses  
not to exceed #h1hjj1 in the discretion 
of the ,secretary of ,labor4  7#b7 ,the 
maximum payment permitted under         
paragraph 7#a7 shall be adjusted        
annually on ,march #a of each year in   
accordance with the adjustment described
 in section #hadf;a4  4  7b7            
,applicability ,section #hacd7;a7 of    
title #e1 ,united ,states ,code1 as in  
effect on the day before the date of    
enactment of this ,act1 shall apply to a
 death occurring before the date of     
enactment of this ,act without regard to

 whether payment is made before1 on1 or 
after the date of enactment of this     
,act4  #e4 ,federal ,employees'         
,compensation ,act death gratuity  7a7  
,in general ,section #hajb;a of title   
#e1 ,united ,states ,code1 is amended-- 
7#a7 by striking subsection 7a7 and     
inserting the following3  7a7 ,death    
gratuity authorized  7#a7 ,in general   
7,a7 ,payment ,except as provided in    
paragraph 7#b71 for deaths occurring on 
or after the date of enactment of the   
,death ,gratuity ,equity ,act of #bjaf1 
the ,united ,states shall pay a death   
gratuity of #ajj1jjj to or for the      
eligible survivor under subsection 7d7  
immediately upon receiving official     
notification of the death of an employee
 who dies of injuries incurred in       
connection with the service of that     
employee with an ,armed ,force in a     
contingency operation4  7,b7 ,adjustment
 ,the amount under subparagraph 7,a7    
shall be adjusted annually on ,march #a 
of each year by the amount determined by

 the ,secretary of ,labor to represent  
the percentage difference between the   
,consumer ,price ,index 7all items2     
,united ,states city average7 published 
for ,december of the preceding year and 
that price index published for the      
,december of the year before the        
preceding year1 adjusted to the nearest 
#a_/aj of #a percent4  7,c7 ,no         
reduction ,the death gratuity payable   
under subparagraph 7,a7 shall not be    
reduced by the amount of any other death
 gratuity provided under any other law  
of the ,united ,states that is based on 
the same death4  7#b7 ,compensation for 
noncitizens and nonresidents ,for claims
 arising under section #hacg1 the amount
 of the death gratuity shall be subject 
to that section and the regulations     
promulgated under that section4  2  7#b7
 by striking subsection 7c72  7#c7 by   
redesignating subsections 7d7 and 7e7 as
 subsections 7c7 and 7d71 respectively2 
and  7#d7 in subsection 7c71 as so      
redesignated1 by adding at the end the  

following3  7#g7 ,if there are no       
eligible survivors1 as described in     
paragraphs 7#a7 through 7#f71 and the   
employee has not designated another     
person to receive an amount payable     
under this section1 that amount shall be
 paid to the personal representative of 
the estate of the employee4  4  7b7     
,applicability ,section #hajb;a of title
 #e1 ,united ,states ,code1 as in effect
 on the day before the date of enactment
 of this ,act1 shall apply to a death   
occurring before the date of enactment  
of this ,act without regard to whether  
payment is made before1 on1 or after the
 date of enactment of this ,act4  #f4   
,agency gratuity for deaths sustained in
 the performance of duty abroad ,section
 #dac of the ,foreign ,service ,act of  
#aihj 7#bb ,u4,s4,c4 #cigc7 is amended--
 7#a7 in subsection 7a7--  7,a7 in the  
first sentence1 by striking dependents  
and inserting beneficiary2 and  7,b7 in 
the second sentence1 by inserting 1     
except as provided in subsection 7e7    

after payable from any source2  7#b7 by 
amending subsection 7b7 to read as      
follows3  7b7 ,executive agencies ,the  
head of an executive agency shall1      
pursuant to guidance issued under       
subsection 7c71 make a death gratuity   
payment authorized by this section to   
the surviving beneficiary of--  7#a7 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 #bjg2 or    
7#b7 an individual in a special category
 serving in an uncompensated capacity   
for that agency abroad in support of a  
diplomatic mission1 as identified in    
guidance issued under subsection 7c71   
who dies as a result of injuries        
sustained in the performance of duty    
abroad4  2  7#c7 by amending subsection 
7d7 to read as follows3  7d7            
,eligibility under chapter #ha of title 
#e1 ,united ,states ,code ,a death      
gratuity payment may be made under this 

section only if the death is determined 
by the ,secretary of ,labor to have     
resulted from an injury 7excluding a    
disease proximately caused by the       
employment7 sustained in the performance
 of duty under section #hajb of title   
#e1 ,united ,states ,code4  2  7#d7 by  
redesignating subsection 7e7 as         
subsection 7g72  7#e7 by inserting after
 subsection 7d7 the following3  7e7     
,offset ,for deaths occurring on or     
after the date of enactment of this     
subsection1 the death gratuity payable  
under this section shall be reduced by  
the amount of any death gratuity        
provided under section #eega of title   
#e1 ,united ,states ,code1 based on the 
same death4  7f7 ,tax treatment ,a      
payment under this section shall not be 
considered gross income of a surviving  
beneficiary under section #fa of the    
,internal ,revenue ,code of #aihf4  2   
and  7#f7 in subsection 7g71 as so      
redesignated1 by amending paragraph 7#b7
 to read as follows3  7#b7 the term     

surviving beneficiary means the person  
identified under the order of precedence
 established under section #eega7;d77#b7
 of title #e1 ,united ,states ,code4  4 
#g4 ,emergency supplemental             
authorization in the event of the       
inability of an agency to meet the      
requirements of this ,act  7a7 ,in      
general ,if the head of an agency 7as   
defined in section #eefa of title #e1   
,united ,states ,code7 determines1 with 
the concurrence of the ,director of the 
,office of ,management and ,budget1 that
 a natural disaster1 act of terrorism1  
or other incident results in the        
inability of the agency to meet the     
requirements of this ,act and the       
amendments made by this ,act1 additional
 amounts are authorized to be           
appropriated to make additional         
payments--  7#a7 under-- 7,a7 section   
#eega7;b7 of title #e1 ,united ,states  
,code1 as added by section #b7;a72  7,b7
 section #hajb;a of title #e1 ,united   
,states ,code1 as amended by section #e2

 and  7,c7 section #dac of the ,foreign 
,service ,act of #aihj 7#bb ,u4,s4,c4   
#cigc71 as amended by section #f2 and   
7#b7 that would exceed the amount       
available to the agency without the     
additional appropriations4  7b7         
,additional payments ,a payment         
authorized under subsection 7a7 may be  
made only if additional appropriations  
are provided for a purpose described in 
that subsection4  7c7 ,congressional    
vote ,it is the sense of ,congress that 
,congress should vote on a request for  
additional appropriations under this    
section not later than #cj days after   
the date of submission of such a request
 to ,congress4