Title: To amend title 5, United States Code, to increase the gratuity owed upon death of an employee in connection with the employee's service with an Armed Force, to limit the amount of any death gratuity paid upon the death of a Member of Congress, and for other purposes.
Policy area: Government Operations and Politics

Summary:
This bill increases the death gratuity payment for survivors of a federal employee who dies in connection with service with an Armed Force or in a contingency operation (e.g., a humanitarian or peacekeeping operation).
Additionally, it limits the death gratuity payment for the surviving spouse or next of kin of a Member of Congress who dies in office.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5982 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5982

  To amend title 5, United States Code, to increase the gratuity owed 
  upon death of an employee in connection with the employee's service 
  with an Armed Force, to limit the amount of any death gratuity paid 
    upon the death of a Member of Congress, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2018

Mrs. Walorski introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
  Committee on House Administration, 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 amend title 5, United States Code, to increase the gratuity owed 
  upon death of an employee in connection with the employee's service 
  with an Armed Force, to limit the amount of any death gratuity paid 
    upon the death of a Member of Congress, 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. INCREASE IN GRATUITY FOR DEATH OF AN EMPLOYEE INCURRED IN 
              CONNECTION WITH THE EMPLOYEE'S SERVICE WITH AN ARMED 
              FORCE.

    (a) In General.--Section 8102a of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``$100,000'' and 
        inserting ``$200,000''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1)(A) With respect to a death gratuity payable upon the 
        death of an employee covered by subsection (a)--
                    ``(i) if the employee has a surviving spouse, 60 
                percent of the gratuity shall be paid to that spouse 
                and the remaining 40 percent of the gratuity shall be 
                paid in accordance with subparagraphs (B) and (C) of 
                this paragraph and paragraphs (4) and (5); or
                    ``(ii) if the employee has no surviving spouse, the 
                gratuity shall be paid in accordance with subparagraphs 
                (B) and (C) of this paragraph and paragraphs (4) and 
                (5).
            ``(B) Subject to paragraph (5), the remainder of a death 
        gratuity payable pursuant to subparagraph (A)(i), or a death 
        gratuity payable pursuant to subparagraph (A)(ii), (as the case 
        may be) shall be paid to or for the living survivor highest on 
        the following list:
                    ``(i) The employee's children, as prescribed by 
                paragraph (2), in equal shares.
                    ``(ii) If designated by the employee, any one or 
                more of the following persons:
                            ``(I) The employee's parents or persons in 
                        loco parentis, as prescribed by paragraph (3).
                            ``(II) The employee's brothers.
                            ``(III) The employee's sisters.
                    ``(iii) The employee's parents or persons in loco 
                parentis, as prescribed by paragraph (3), in equal 
                shares.
                    ``(iv) The employee's brothers and sisters in equal 
                shares.
            ``(C) Clauses (ii) and (iv) of subparagraph (B) include 
        brothers and sisters of the half blood and those through 
        adoption.''; and
                    (B) by striking paragraph (6).
    (b) Technical and Conforming Amendments.--Subsection (d) of section 
8102a of title 5, United States Code, is further amended--
            (1) in paragraph (2), by striking ``Paragraph (1)(B)'' and 
        inserting ``Paragraph (1)(B)(i)'';
            (2) in paragraph (3), by striking ``Subparagraphs (C) and 
        (D) of paragraph (1)'' and inserting ``Clauses (ii) and (iii) 
        of paragraph (1)(B)'';
            (3) in paragraph (4)--
                    (A) by striking ``A person'' and inserting ``Except 
                as provided in paragraph (1)(A)(i), a person''; and
                    (B) by striking ``subparagraphs (A) through (E) of 
                paragraph (1)'' and inserting ``clauses (i) through 
                (iv) of paragraph (1)(B)''.; and
            (4) in paragraph (5), by striking ``paragraph (1).'' and 
        inserting ``paragraph (1)(B).''.
    (c) Application.--The amendments made by this section shall apply 
with respect to the death of any employee described under section 
8102a(a) of title 5, United States Code, occurring after the date of 
enactment of this section.

SEC. 2. LIMITATION ON GRATUITY PAID UPON THE DEATH OF A MEMBER OF 
              CONGRESS.

    (a) Limitation.--No payment in excess of $74,000 may be made from 
the applicable accounts of the House of Representatives, the contingent 
fund of the Senate, or any other appropriated funds for a death 
gratuity payment to the widow, widower, or heirs-at-law of any Member 
of Congress who dies after the commencement of the Congress to which 
the Member has been elected.
    (b) No Effect on Other Payments to Survivors.--Nothing in 
subsection (a) shall be construed to prohibit or affect the payment to 
any individual of any unpaid balance or salary or other sums due to a 
Member of Congress who dies after the commencement of the Congress to 
which the Member has been elected.
    (c) Definition.--For purposes of this section, a ``Member of 
Congress'' means a Senator or a Representative in, or Delegate or 
Resident Commissioner to, the Congress.
    (d) Application.--This section shall apply with respect to the 
death of any Member of Congress occurring after the date of the 
enactment of this section.
                                 <all>