,,ii #aahth ,,congress #ast ,session ,s4 #cjbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #d1 #bjbc,ms4 ,sinema 7for herself1 ,mr4 ,hagerty1 ,mr4 ,padilla1 and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to increase death gratuities and funeral allowances for ,federal employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,honoring ,civil ,servants ,killed in the ,line of ,duty ,act4 #b4 ,increasing death gratuity for ,federal employees killed in the line of duty 7a7 ,amendments to title #e1 ,united ,states ,code 7#a7 ,in general ,subchapter ,,vii of chapter #ee of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #eega4 ,employee death gratuity payments 7a7 ,definition 7#a7 ,in general ,notwithstanding section #eefa7b71 in this section1 the term employee means an individual who has been determined by the ,secretary of ,labor to be an employee within the meaning of section #haja7a71 but not including any individual described in subparagraph 7,d7 of section #haja7a74 7#b7 ,exclusive authority ,a determination described in paragraph 7#a7 may be made only by the ,secretary of ,labor4 7b7 ,gratuity 7#a7 ,in general ,with respect to the death of an employee occurring on or after the date of enactment of this section1 notwithstanding section #haaf1 and in addition to any payment made under subchapter ,i of chapter #ha1 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 7c77#b71 if the death of the employee-- 7,a7 results from injury sustained while in the line of duty of the employee2 and 7,b7 is not-- 7i7 caused by willful misconduct of the employee2 7ii7 caused by the intention of the employee to bring about the injury or death of the employee or another2 or 7iii7 proximately caused by the intoxication of the injured employee4 7#b7 ,amount 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of a death gratuity paid under paragraph 7#a7 with respect to an employee shall be #ajj1jjj1 as adjusted each ,march #a by the amount determined by the ,secretary of ,labor to represent the percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers 7all items2 ,united ,states city average7 published for ,december of the preceding year over that ,index published for the ,december of the year prior to the preceding year1 adjusted to the nearest #a_/aj of #a percent4 7,b7 ,local compensation plans ,for an employee compensated under a local compensation plan established under section #djh of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cifh71 the amount of a death gratuity paid under paragraph 7#a7 with respect to the employee shall be in an amount determined in rules issued by the ,secretary of ,state4 7c7 ,recipient of payment 7#a7 ,definition ,in this subsection1 the term child-- 7,a7 includes-- 7i7 a natural child2 and 7ii7 an adopted child2 and 7,b7 does not include a stepchild4 7#b7 ,order of precedence ,a death gratuity paid under subsection 7b7 with respect to an employee shall be paid in the following order of precedence3 7,a7 7i7 ,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 employee4 7ii7 ,a designation1 change1 or cancellation of beneficiary in a will1 or another document not described in clause 7i71 shall have no force or effect for the purposes of that clause4 7,b7 ,if there is no beneficiary described in subparagraph 7,a71 to the surviving spouse of the employee4 7,c7 ,if neither subparagraph 7,a7 nor 7,b7 applies1 to the children of the employee 7including the descendant of any deceased child by representation7 such that each such child receives an equal amount of the gratuity4 7,d7 ,if none of subparagraph 7,a71 7,b71 or 7,c7 applies1 to the surviving parents of the employee such that each such surviving parent receives an equal amount of the gratuity4 7,e7 ,if none of subparagraphs 7,a7 through 7,d7 applies1 to the duly appointed executor or administrator of the estate of the employee4 7,f7 ,if none of subparagraphs 7,a7 through 7,e7 applies1 to the person entitled1 under the laws of the ,state in which the employee is domiciled1 as of the date on which the employee dies1 to receive the payment4 4 7#b7 ,repeal of death gratuity payment authority ,section #fea of the ,treasury1 ,postal ,service1 and ,general ,government ,appropriations ,act1 #aiig 7#e ,u4,s4,c4 #hacc note7 is repealed4 7#c7 ,technical and conforming amendments ,the table of sections for chapter #ee of title #e1 ,united ,states ,code1 is amended-- 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 ,employee death gratuity payments4 4 7b7 ,amendment to title #di ,section #djabb7;g77#b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,i77iii71 by striking and after the semicolon2 7#b7 in subparagraph 7,j71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,j7 the following3 7,k7 section #eega1 relating to death gratuities resulting from an injury sustained in the line of duty4 4 #c4 ,funeral expenses 7a7 ,in general ,section #hacd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 after 7a72 7#b7 by striking #hjj and inserting #h1hjj2 and 7#c7 by adding at the end the following3 7#b7 ,the amount described in paragraph 7#a7 shall be adjusted on ,march #a of each year by the percentage amount determined by the ,secretary of ,labor under section #hadf;a for that year4 4 7b7 ,applicability ,the amendment made by subsection 7a77#b7 shall apply with respect to any death occurring on or after the date of enactment of this ,act4 #d4 ,death gratuity for injuries incurred in connection with employee's service with an ,armed ,force ,section #hajb;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the ,united ,states and inserting the following3 7#a7 ,in general ,the ,united ,states 2 7,b7 in paragraph 7#a71 as so designated1 by striking up to2 and 7,c7 by adding at the end the following3 7#b7 ,adjustment ,the amount described in paragraph 7#a7 shall be adjusted each ,march #a by the amount determined by the ,secretary of ,labor to represent the percentage change in the ,consumer ,price ,index for ,all ,urban ,consumers 7all items2 ,united ,states city average7 published for ,december of the preceding year over that ,index published for the ,december of the year prior to the preceding year1 adjusted to the nearest #a_/aj of #a percent4 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,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 ,act1 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 death4 2 and 7#c7 in subsection 7d71 by adding at the end the following3 7#g7 ,if a person covered by this section does not have any eligible survivors1 as described in this subsection1 and that person has not designated an alternate person to receive a payment under this section1 the payment shall be paid to the personal representative of the person's estate4 4 #e4 ,agency gratuity for deaths sustained in the line 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 beneficiaries2 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 beneficiaries 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 striking subsection 7d72 7#d7 by inserting after subsection 7c7 the following3 7d7 ,eligibility under chapter #ha of title #e1 ,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 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#e7 by redesignating subsection 7e7 as subsection 7f72 7#f7 by inserting after subsection 7d71 as added by paragraph 7#d71 the following3 7e7 ,offset ,for deaths occurring on or after the date of enactment of the ,honoring ,civil ,servants ,killed in the ,line of ,duty ,act1 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 2 and 7#g7 in subsection 7f71 as so redesignated by paragraph 7#e71 by amending paragraph 7#b7 to read as follows3 7#b7 the term surviving beneficiaries means the person or persons identified pursuant to the order of precedence established under section #eega7;c77#b7 of title #e1 ,united ,states ,code4 4 #f4 ,emergency supplemental authorization 7a7 ,definitions ,in this section-- 7#a7 the term agency means an agency that is authorized or required to make a payment under a covered provision2 and 7#b7 the term covered provision means-- 7,a7 section #eega of title #e1 ,united ,states ,code1 as added by section #b of this ,act2 7,b7 section #hajb;a of title #e1 ,united ,states ,code1 as amended by section #d of this ,act2 or 7,c7 section #dac of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cigc71 as amended by section #e of this ,act4 7b7 ,authorization ,if the head of an agency 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 make additional payments under a covered provision-- 7#a7 there are authorized to be appropriated to the agency such sums as may be necessary to make those additional payments2 and 7#b7 the head of the agency may make those additional payments only to the extent additional amounts are made available for those purposes4 7c7 ,sense of ,congress ,it is the sense of ,congress that1 not later than #cj 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 7b71 ,congress should take action with respect to that request4