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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5883 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5883

 To provide and expand gratuities for employees killed in the line of 
                     duty, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2023

Mr. Connolly (for himself and Mr. Fitzpatrick) introduced the following 
                                  bill

                            October 25, 2023

   Referred to the Committee on Oversight and Accountability, and in 
    addition to the Committees on Foreign Affairs, Armed Services, 
    Veterans' Affairs, Transportation and Infrastructure, Homeland 
     Security, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, 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 
                     duty, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honoring Civil Servants Killed in 
the Line of Duty Act''.

SEC. 2. INCREASING DEATH GRATUITY FOR FEDERAL EMPLOYEES KILLED IN THE 
              LINE OF DUTY.

    (a) Amendments to Title 5, United States Code.--
            (1) In general.--Subchapter VII of chapter 55 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
``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 under subparagraph (D) of such section.
            ``(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, 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 (c)(2), if the death of the 
        employee--
                    ``(A) results from injuries incurred--
                            ``(i) in connection with such employee's 
                        employment with the Federal Government; or
                            ``(ii) as a result of a criminal act, an 
                        act of terrorism, a natural disaster, or any 
                        other circumstance as determined by the agency 
                        head; and
                    ``(B) is not--
                            ``(i) caused by willful misconduct of the 
                        employee, as determined by a review conducted 
                        by the applicable office of Inspector General;
                            ``(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 or self-impairment of the 
                        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 Consumer Price Index for All 
                Urban Consumers (all items; United States city average) 
                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) Child defined.--In this subsection, the term `child' 
        means a child of an employee of any age, including--
                    ``(A) an adopted child or a stepchild; and
                    ``(B) a foster child but only if the child lives 
                with the employee in a regular parent-child 
                relationship.
            ``(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 
                official Federal Government form 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 any child (or grandchild if the child who is the 
                parent of such grandchild is deceased) such that each 
                such child or grandchild (as the case may be) 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 designated according to the laws 
                of the State in which the insured individual legally 
                resided.
    ``(d) 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 1986.''.
            (2) Repeal of death gratuity payment authority.--Section 
        651 of the Treasury, Postal Service, and General Government 
        Appropriations Act, 1997 (5 U.S.C. 8133 note) is repealed.
            (3) Technical and conforming amendments.--
                    (A) Subchapter heading.--The heading for subchapter 
                VII of chapter 55 of title 5, United States Code, is 
                amended by striking ``EMPLOYEES'' and inserting 
                ``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''.
                    (B) Other conforming changes.--The table of 
                sections for chapter 55 of title 5, United States Code, 
                is amended--
                            (i) by striking the item relating to 
                        subchapter VII and inserting the following:

    ``subchapter vii--payments to missing persons and payments for 
                         disability or death'';

                        and
                            (ii) by inserting after the item relating 
                        to section 5570 the following:

``5571. Employee death gratuity payments.''.
    (b) Other Employees.--
            (1) FAA.--Section 40122(g)(2) of title 49, United States 
        Code, is amended--
                    (A) in subparagraph (I)(iii), by striking ``and'' 
                after the semicolon;
                    (B) in subparagraph (J), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (J), the 
                following:
                    ``(K) section 5571, relating to death gratuities 
                resulting from an injury sustained in the line of 
                duty.''.
            (2) Certain tsa employees.--Section 111(d)(2) of the 
        Aviation and Transportation Security Act (49 U.S.C. 44935 note) 
        is amended by adding at the end the following:
                    ``(C) Death gratuity.--Section 5571 of title 5, 
                United States Code, shall apply to any individual 
                appointed under paragraph (1).''.
            (3) VHA employees.--Section 7425 of title 38, United States 
        Code, is amended by adding at the end the following:
    ``(d) Notwithstanding any other provision of this subchapter, the 
Administration shall provide, with respect to individuals appointed to 
any position described in section 7421(b) who are employed for 
compensation by the Administration, the death gratuity under section 
5571 of title 5.''.
    (c) Applicability.--The amendments made by subsection (a) and (b) 
shall apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 3. FUNERAL EXPENSES.

    (a) In General.--Section 8134(a) of title 5, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``$800'' and inserting ``$8,800''; and
            (3) by adding at the end the following:
    ``(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.
    ``(3) A payment under this subsection shall not be includible in 
the gross income of the recipient for purposes of the Internal Revenue 
Code of 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 4. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH 
              EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

    (a) In General.--Section 8102a of title 5, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``The United States'' and inserting 
                the following:
            ``(1) In general.--The United States'';
                    (B) in paragraph (1), as so designated, by striking 
                ``up to''; and
                    (C) by adding at the end the following:
            ``(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 
        Consumer Price Index for All Urban Consumers (all items; United 
        States city average) 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.'';
            (2) by striking subsection (c) and inserting the following:
    ``(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, 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 
(excluding any amount payable under section 5569(d)) in connection with 
such death.'';
            (3) in subsection (d), by adding at the end the following:
            ``(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.''; and
            (4) by adding at the end the following:
    ``(f) 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 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 5. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE LINE OF DUTY 
              ABROAD.

    (a) In General.--Section 413 of the Foreign Service Act of 1980 (22 
U.S.C. 3973) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking 
                ``dependents'' and inserting ``beneficiaries''; and
                    (B) in the second sentence, by inserting ``, except 
                as provided in subsection (e)'' after ``payable from 
                any source'';
            (2) by amending subsection (b) to read as follows:
    ``(b) 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 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) 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.'';
            (3) by striking ``Guidance.--'' and all that follows 
        through ``pursuant to section 207.'' and inserting the 
        following:
    ``(c) Guidance.--Not later than 60 days after the date of the 
enactment of the Consolidated Appropriations Act, 2014, the Secretary 
shall, in consultation with the heads of other relevant executive 
agencies, issue guidance with criteria for determining eligibility for, 
and order of payments to, 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 207.'';
            (4) by striking subsection (d);
            (5) by redesignating subsection (e) as subsection (f);
            (6) by inserting after subsection (c) the following new 
        subsections:
    ``(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.--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 (excluding any amount payable 
under section 5569(d)) in connection with such death.'';
            (7) in subsection (f), as so redesignated by paragraph (5), 
        by amending paragraph (2) to read as follows:
            ``(2) the 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.''; and
            (8) by adding at the end the following:
    ``(g) 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 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 6. ADJUSTMENT OF CERTAIN DEATH GRATUITIES UNDER TITLE 10 OF THE 
              UNITED STATES CODE.

    (a) In General.--Section 1478 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by inserting after ``$100,000'' the 
        following: ``, as adjusted each March 1 by the amount 
        determined by the Secretary of Labor to represent the 
        percentage change in the Consumer Price Index for All Urban 
        Consumers (all items; United States city average) 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''; and
            (2) by adding at the end the following:
    ``(e) 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 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

    (a) Definitions.--In this section--
            (1) the term ``agency'' means an agency that is authorized 
        or required to make a payment under a covered provision; and
            (2) the term ``covered provision'' means--
                    (A) section 5571 of title 5, United States Code, as 
                added by section 2 of this Act;
                    (B) section 8102a of such title, as amended by 
                section 4 of this Act; or
                    (C) section 413 of the Foreign Service Act of 1980 
                (22 U.S.C. 3973), as amended by section 5 of this Act.
    (b) Authorization.--If the head of an agency determines, with the 
concurrence of the Director of the Office of Management and Budget, 
that a natural disaster, act of terrorism, or other incident would 
result in costs that would exceed the amounts available to the agency 
to make additional payments under a covered provision--
            (1) there are authorized to be appropriated to the agency 
        such additional sums as may be necessary to make those 
        additional payments; and
            (2) the head of the agency may make such additional 
        payments to the extent additional such additional sums are made 
        available for those purposes.
    (c) Sense of Congress.--It is the sense of Congress that, not later 
than 30 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 (b), Congress should take action with respect 
to that request.
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