,i #aaith ,,congress #ast ,session ,h4 ,r4 #ccag ,,in ,,the ,,house ,,of ,,representatives ,may #i1 #bjbe,mr4 ,connolly 7for himself and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committees on ,foreign ,affairs1 ,armed ,services1 ,veterans' ,affairs1 ,transportation and ,infrastructure1 ,homeland ,security1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 duty1 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 under subparagraph 7,d7 of such section4 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 employee1 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 7c77#b71 if the death of the employee-- 7,a7 results from injuries incurred-- 7i7 in connection with such employee's employment with the ,federal ,government2 or 7ii7 as a result of a criminal act1 an act of terrorism1 a natural disaster1 or any other circumstance as determined by the agency head2 and 7,b7 is not-- 7i7 caused by willful misconduct of the employee1 as determined by a review conducted by the applicable office of ,inspector ,general2 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 or self-impairment of the 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 ,child defined ,in this subsection1 the term child means a child of an employee of any age1 including-- 7,a7 an adopted child or a stepchild2 and 7,b7 a foster child but only if the child lives with the employee in a regular parent-child relationship4 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 official ,federal ,government form 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 any child 7or grandchild if the child who is the parent of such grandchild is deceased7 such that each such child or grandchild 7as the case may be7 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 designated according to the laws of the ,state in which the insured individual legally resided4 7d7 ,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 #aihf4 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 7,a7 ,subchapter heading ,the heading for subchapter ,,vii of chapter #ee of title #e1 ,united ,states ,code1 is amended by striking employees and inserting persons and payments for disability or death4 7,b7 ,other conforming changes ,the table of sections for chapter #ee of title #e1 ,united ,states ,code1 is amended-- 7i7 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 7ii7 by inserting after the item relating to section #eegj the following3 #eega4 ,employee death gratuity payments4 4 7b7 ,other employees 7#a7 ,,faa ,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,j71 the following3 7,k7 section #eega1 relating to death gratuities resulting from an injury sustained in the line of duty4 4 7#b7 ,certain ,,tsa employees ,section #aaa7;d77#b7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 is amended by adding at the end the following3 7,c7 ,death gratuity ,section #eega of title #e1 ,united ,states ,code1 shall apply to any individual appointed under paragraph 7#a74 4 7#c7 ,,vha employees ,section #gdbe of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding any other provision of this subchapter1 the ,administration shall provide1 with respect to individuals appointed to any position described in section #gdba7;b7 who are employed for compensation by the ,administration1 the death gratuity under section #eega of title #e4 4 7c7 ,applicability ,the amendments made by subsection 7a7 and 7b7 shall apply with respect to any death occurring on or after the date of enactment of this ,act4 #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 7#c7 ,a payment under this subsection shall not be includible in the gross income of the recipient for purposes of the ,internal ,revenue ,code of #aihf4 4 7b7 ,applicability ,the amendments made by subsection 7a7 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 7a7 ,in general ,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 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 7excluding any amount payable under section #eefi7;d77 in connection with such death4 2 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 2 and 7#d7 by adding at the end the following3 7f7 ,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 #aihf4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any death occurring on or after the date of enactment of this ,act4 #e4 ,agency gratuity for deaths sustained in the line of duty abroad 7a7 ,in general ,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 ,guidance4-- and all that follows through pursuant to section #bjg4 and inserting the following3 7c7 ,guidance ,not later than #fj days after the date of the enactment of the ,consolidated ,appropriations ,act1 #bjad1 the ,secretary shall1 in consultation with the heads of other relevant executive agencies1 issue guidance with criteria for determining eligibility for1 and order of payments to1 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 #bjg4 2 7#d7 by striking subsection 7d72 7#e7 by redesignating subsection 7e7 as subsection 7f72 7#f7 by inserting after subsection 7c7 the following new subsections3 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 7e7 ,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 7excluding any amount payable under section #eefi7;d77 in connection with such death4 2 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 2 and 7#h7 by adding at the end the following3 7g7 ,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 #aihf4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any death occurring on or after the date of enactment of this ,act4 #f4 ,adjustment of certain death gratuities under title #aj of the ,united ,states ,code 7a7 ,in general ,section #adgh of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting after #ajj1jjj the following3 1 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 percent2 and 7#b7 by adding at the end the following3 7e7 ,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 #aihf4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any death occurring on or after the date of enactment of this ,act4 #g4 ,emergency supplemental authorization of appropriations 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 such title1 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 would result in costs that would exceed the amounts available to the agency to make additional payments under a covered provision-- 7#a7 there are authorized to be appropriated to the agency such additional sums as may be necessary to make those additional payments2 and 7#b7 the head of the agency may make such additional payments to the extent additional such additional sums 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