[Congressional Record Volume 156, Number 73 (Friday, May 14, 2010)]
[Senate]
[Pages S3788-S3789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SPECIAL AGENT SAMUEL HICKS FAMILIES OF FALLEN HEROES ACT

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 234, H.R. 2711.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The bill clerk read as follows:

       A bill (H.R. 2711) 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.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Homeland Security 
and Governmental Affairs, with amendments; as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                               H.R. 2711

       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 ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION OF DEPENDENTS, REMAINS, AND EFFECTS OF 
                   CERTAIN FEDERAL EMPLOYEES.

       (a) In General.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5724c the following:

     ``Sec. 5724d. Transportation of dependents, remains, and 
       effects of certain Federal employees

       ``(a) In General.--Under regulations prescribed under 
     section 5738 and when the head of the agency concerned (or a 
     designee thereof) authorizes or approves, if a covered 
     employee dies while performing official duties or as a result 
     of the performance of official duties, the agency may pay 
     from Government funds--
       ``(1) the qualified expenses of the immediate family of the 
     employee, if the place where the family will reside following 
     the death of the employee is--
       ``(A) different from the place where the family resided at 
     the time of the employee's death; and
       ``(B) within the United States; and
       ``(2) the expenses 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) Qualified Expenses.--For purposes of this section, 
     the term `qualified expenses', as used with respect to a 
     family changing its place of residence, means the moving 
     expenses, transportation expenses, and relocation expenses of 
     the family which are attributable to the change in place of 
     residence.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means--

[[Page S3789]]

       ``(A) a law enforcement officer, as defined [by] in section 
     5541; [and]
       ``(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);
       ``(2) the term `moving expenses', as used with respect to a 
     family, includes the expenses of transporting, packing, 
     crating, temporarily storing, draying, and unpacking the 
     household goods and personal effects of such family, not in 
     excess of 18,000 pounds net weight; and
       ``(3) the term `relocation expenses' has the meaning given 
     such term under regulations prescribed under section 5738, 
     including relocation expenses and relocation services 
     described in sections 5724a and 5724c, respectively.''.
       (b) Clerical Amendment.--The analysis for chapter 57 of 
     title 5, United States Code, is amended by inserting after 
     the item relating to section 5724c the following:

``5724d. Transportation of dependents, remains, and effects of certain 
              Federal employees.''.

  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendments be withdrawn, that a Lieberman substitute 
amendment, which is at the desk, be agreed to, the bill, as amended be 
read a third time and passed; that a title amendment, which is at the 
desk, be agreed to, the motions to reconsider be laid upon the table, 
with no intervening action or debate, and any statements related to the 
bill be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 4043) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE 
                   FAMILY OF CERTAIN DECEASED FEDERAL EMPLOYEES.

       (a) In General.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5724c the following:

     ``Sec. 5724d. Transportation and moving expenses for 
       immediate family of certain deceased Federal employees

       ``(a) In General.--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 Expenses.--No expenses may be 
     paid under this section if those expenses are paid from 
     Government funds under section 5742 or any other authority.
       ``(c) Definitions.--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 Claims.--No 
     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) Clerical Amendment.--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.''.

  The amendment (No. 4044) was agreed to, as follows:

       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.''.

   The amendments were ordered to be engrossed and the bill to be read 
a third time.
  The bill was read the third time.
  The bill (H.R. 2711), as amended, was passed.

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