111th CONGRESS
2d Session
H.R. 2711
In the Senate of the United
States,
May 14, 2010.
Amendments:
That the bill from the House of Representatives
(H.R. 2711) entitled An Act to amend title 5, United States Code, to
provide for the transportation of the dependents, remains, and effects of
certain Federal employees who die while performing official duties or as a
result of the performance of official duties.
, do pass with the
following
Strike all after
the enacting clause and insert the
following:
1.This Act may be cited as the
Special Agent Samuel Hicks Families of Fallen Heroes
Act
.
2.Transportation
and moving expenses for immediate family of certain deceased Federal
employees
(a)Subchapter II of
chapter 57 of title 5, United States Code, is amended by inserting after
section 5724c the following:
5724d.Transportation
and moving expenses for immediate family of certain deceased Federal
employees
(a)Under regulations
prescribed by the President, the head of the agency concerned (or a designee)
may determine that a covered employee died as a result of personal injury
sustained while in the performance of the employee's duty and authorize or
approve the payment by the agency, from Government funds, of—
(1)any
qualified expense of the immediate family of the covered employee attributable
to a change in their place of residence, if the place where the immediate
family will reside following the death of the employee is—
(A)different from the
place where the immediate family resided at the time of the employee’s death;
and
(B)within the United States; and
(2)any
expense of preparing and transporting the remains of the deceased to—
(A)the place where
the immediate family will reside following the death of the employee; or
(B)such other place
appropriate for interment as is determined by the agency head (or
designee).
(b)No duplicate
payment of expensesNo expenses may be paid under this section if
those expenses are paid from Government funds under section 5742 or any other
authority.
(c)For purposes of this section—
(1)the
term covered employee
means—
(A)a law enforcement
officer, as defined in section 5541;
(B)any employee in or
under the Federal Bureau of Investigation who is not described in subparagraph
(A); and
(C)a customs and
border protection officer, as defined in section 8331(31); and
(2)the term
qualified expense, as used with respect to an immediate family
changing its place of residence, means the transportation expenses of the
immediate family, the expenses of moving (including transporting, packing,
crating, temporarily storing, draying, and unpacking) the household goods and
personal effects of such immediate family, not in excess of 18,000 pounds net
weight, and, when authorized or approved by the agency head (or designee), the
transportation of 1 privately owned motor
vehicle.
.
(b)No relevance as
to compensation claimsNo determination made under section 5724d
of title 5, United States Code, shall be deemed relevant to or be considered in
connection with any claim for compensation under chapter 81 of that title or
under any other law under which compensation may be provided on account of
death or personal injury, nor shall any determination made with respect to any
such claim be deemed relevant to or be considered in connection with any
request for payment of expenses under such section 5724d.
(c)The table of sections for chapter 57 of title 5, United
States Code, is amended by inserting after the item relating to section 5724c
the following:
Sec.
5724d. Transportation and moving expenses for immediate family of certain
deceased Federal
employees.
.
Amend the title so as to read: An Act to amend
title 5, United States Code, to provide for the transportation and moving
expenses for the immediate family of certain Federal employees who die in the
performance of their duties.
.
Secretary