I 

116TH CONGRESS 

1ST SESSION H. R. 3683 

To amend the Central Intelligence Agency Act of 1949 to provide death 

benefits to the survivors of certain individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2019 

Mr. SEAN PATRICK MALONEY of New York introduced the following bill; 

which was referred to the Permanent Select Committee on Intelligence 

A BILL 

To amend the Central Intelligence Agency Act of 1949 to 

provide death benefits to the survivors of certain individuals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gregg Wenzel Clandes5 tine Heroes Parity Act’’. 

6 SEC. 2. DEATH BENEFITS FOR SURVIVORS. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) officers of the Central Intelligence Agency 

10 who die during a period of assignment to a duty staVerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683

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1 tion in a foreign country should receive death bene2 fits, regardless of whether the officers— 

3 (A) were killed in the performance of duty; 

4 (B) were killed due to an act of terrorism; 

5 or 

6 (C) have surviving dependents; and 

7 (2) section 8 of the Central Intelligence Agency 

8 Act of 1949 (50 U.S.C. 3510) has provided the 

9 Agency an appropriate authority for compensating 

10 officers who die abroad who fall into any gaps in ex11 isting death benefit regulations of the Agency, even 

12 before the clarifying amendments made by this Act. 

13 (b) CLARIFICATION OF CURRENT AUTHORITY.—Sec14 tion 8 of the Central Intelligence Agency Act of 1949 (50 

15 U.S.C. 3510) is amended by inserting before ‘‘rental of’’ 

16 the following: ‘‘payment of death benefits in cases in which 

17 the circumstances of the death of an employee of the 

18 Agency is not covered by section 11, other similar provi19 sions of Federal law, or any regulation issued by the Di20 rector providing death benefits, but that the Director de21 termines such payment appropriate;’’. 

22 (c) IMPROVEMENTS TO BENEFITS.— 

23 (1) REQUIREMENTS.—Section 11 of such Act 

24 (50 U.S.C. 3511) is amended— 

25 (A) in subsection (a)— 


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1 (i) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; and 

3 (ii) by inserting before the period at 

4 the end the following: ‘‘, except such ad5 justments may not limit or reduce the pay6 ments required by this section’’; and 

7 (B) by adding at the end the following new 

8 subsections: 

9 ‘‘(c) PAYMENTS.—(1) In carrying out subsection (a), 

10 the Director shall pay to the survivor of a deceased cov11 ered individual an amount equal to one year’s salary at 

12 level II of the Executive Schedule under section 5313 of 

13 title 5, United States Code. 

14 ‘‘(2) A covered individual may designate one or more 

15 persons to receive all or a portion of the amount payable 

16 to a survivor under paragraph (1). The designation of a 

17 person to receive a portion of the amount shall indicate 

18 the percentage of the amount, to be specified only in 10 

19 percent increments, that the designated person may re20 ceive. The balance of the amount, if any, shall be paid 

21 in accordance with subsection (f)(2)(B). 

22 ‘‘(d) EXCEPTION.—The Director may not make a 

23 payment under subsection (a) if the Director determines 

24 that the death was by reason of willful misconduct by the 

25 decedent. 


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1 ‘‘(e) FINALITY.—Any determination made by the Di2 rector under this section is final and may not be reviewed. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘covered individual’ means any of 

5 the following individuals who die during a period of 

6 assignment to a duty station in a foreign country, 

7 regardless of whether the death is the result of inju8 ries sustained while in the performance of duty: 

9 ‘‘(A) An employee of the Agency. 

10 ‘‘(B) An employee of an element of the 

11 Federal Government other than the Agency who 

12 is detailed or assigned to the Agency at the 

13 time of death. 

14 ‘‘(C) An individual affiliated with the 

15 Agency, as determined by the Director. 

16 ‘‘(2) The term ‘State’ means each of the several 

17 States, the District of Columbia, the Commonwealth 

18 of Puerto Rico, the Commonwealth of the Northern 

19 Mariana Islands, and any territory or possession of 

20 the United States. 

21 ‘‘(3) The term ‘survivor’ means, with respect to 

22 the death of a covered individual— 

23 ‘‘(A) a person designated by the covered 

24 individual under subsection (c)(2); or 


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1 ‘‘(B) if a covered individual does not make 

2 such a designation— 

3 ‘‘(i) the surviving spouse of the cov4 ered individual, if any; 

5 ‘‘(ii) if there is no surviving spouse, 

6 any surviving children of the covered indi7 vidual and the descendants of any deceased 

8 children by representation; 

9 ‘‘(iii) if there is none of the above, the 

10 surviving parents of the covered individual 

11 or the survivor of the parents; 

12 ‘‘(iv) if there is none of the above, the 

13 duly appointed executor or administrator 

14 of the estate of the covered individual; or 

15 ‘‘(v) if there is none of the above, 

16 other next of kin of the covered individual 

17 entitled under the laws of the last State in 

18 which the covered individual was domiciled 

19 before the covered individual’s death.’’. 

20 (2) APPLICATION.—Section 11 of such Act, as 

21 amended by paragraph (1), shall apply with respect 

22 to the following: 

23 (A) Deaths occurring during the period be24 ginning on September 11, 2001, and ending on 

25 the day before the date of the enactment of this 


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1 Act for which the Director of the Central Intel2 ligence Agency has not paid a death benefit to 

3 the survivors of the decedent equal to or greater 

4 than the amount specified in subsection (c)(1) 

5 of such section 11, except that the total of any 

6 such death benefits may not exceed such 

7 amount specified in subsection (c)(1) of such 

8 section 11. 

9 (B) Deaths occurring on or after the date 

10 of the enactment of this Act. 

11 (3) EFFECT OF CURRENT REGULATIONS.—In 

12 carrying out section 11 of such Act, as amended by 

13 paragraph (1), the Director may not modify the reg14 ulations issued under such section in a manner that 

15 limits or reduces the individuals covered by such reg16 ulations as in effect on the day before the date of 

17 the enactment of this Act. 

18 (4) DESIGNATIONS.—Not later than 180 days 

19 after the date of the enactment of this Act, the Di20 rector shall— 

21 (A) request all covered individuals (as de22 fined in section 11 of such Act, as amended by 

23 paragraph (1)) to make a designation under 

24 subsection (c)(2) of such section 11; and 


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1 (B) ensure that any new covered individual 

2 may make such a designation at the time at 

3 which the individual becomes a covered indi4 vidual. 

Æ 


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