[Congressional Record Volume 157, Number 115 (Thursday, July 28, 2011)]
[Senate]
[Pages S5022-S5023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Lieberman):
  S. 1444. A bill to provide for the presentation of a United States 
flag on behalf of Federal civilian employees who are killed while 
performing official duties or because of their status as Federal 
employees; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Civilian 
Service Recognition Act of 2011. This bill ensures that the next of kin 
of Federal civilian employees killed in the line of duty are presented 
a United States flag honoring the service and sacrifice of their loved 
one. This legislation is co-sponsored by Senator Lieberman and is a 
companion to a bi-partisan bill introduced by Representative Hanna.  
Representative Hanna's bill was recently reported favorably by the 
Committee on Oversight and Government Reform by unanimous voice vote.
  Every day, Federal civilian employees serve our nation at home and 
abroad, fulfilling critical roles that protect our citizens, our 
economy, and our freedom. Some put their lives at risk when doing so. 
Approximately 100,000 Federal civilian employees have served alongside 
the U.S. military in Iraq and Afghanistan over the last decade. Since 
1992, nearly 3,000 Federal civilian employees have died in service of 
their country, including 24 killed in Iraq and Afghanistan. Employees 
who make this ultimate sacrifice deserve the utmost gratitude and 
respect from their nation.
  U.S. law currently requires that a United States flag be presented to 
the next of kin of deceased U.S. military veterans, but no law or 
government-wide policy requires that Federal civilian employees killed 
in the line of duty be similarly recognized. Some Federal agencies have 
already established internal practices to honor employees killed in 
service with a U.S. flag, but others have not. Every Federal civilian 
employee who dies as a result of their honorable service to this 
country should at least be recognized with the symbolic but nonetheless 
significant appreciation embodied in the presentation of an American 
flag.
  The bill I am introducing today would remedy the current 
inconsistency. It requires that Federal agencies present a flag to the 
next of kin of Federal civilian employees killed in the line of duty. 
In the unusual circumstance where the national security, such as in the 
case of a covert employee, or employee misconduct dictate otherwise, 
the requirement would not apply. It is a modest but meaningful step in 
expressing our condolences and gratitude to the families of those 
killed while serving this country; reminding Federal employees that 
their service and sacrifices are appreciated; and highlighting the 
important role

[[Page S5023]]

Federal employees play, sometimes at great personal risk, in promoting 
the general welfare of this great Nation.
  I urge my colleagues to join me in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1444

       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 ``Civilian Service Recognition 
     Act of 2011''.

     SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF 
                   FEDERAL CIVILIAN EMPLOYEES KILLED WHILE 
                   PERFORMING OFFICIAL DUTIES OR BECAUSE OF THEIR 
                   STATUS AS FEDERAL EMPLOYEES.

       (a) Definitions.--In this Act:
       (1) Employee.--The term ``employee'' has the meaning given 
     that term in section 2105 of title 5, United States Code, and 
     includes--
       (A) individuals who perform volunteer services at the 
     discretion of the head of an executive agency; and
       (B) an officer or employee of the United States Postal 
     Service or of the Postal Regulatory Commission.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code, and includes the United States Postal Service 
     and the Postal Regulatory Commission.
       (b) Presentation of Flag.--Upon receipt of a request under 
     subsection (c), the head of an executive agency shall pay the 
     expenses incident to the presentation of a flag of the United 
     States for an individual who--
       (1) was an employee of the agency; and
       (2) dies of injuries incurred in connection with such 
     individual's status as a Federal employee.
       (c) Request for Flag.--The head of an executive agency 
     shall furnish a flag for a deceased employee described in 
     subsection (a) upon the request of--
       (1) the employee's next of kin; or
       (2) if no request is received from the next of kin, an 
     individual other than the next of kin as determined by the 
     Director of the Office of Personnel Management.
       (d) Exceptions.--Subsections (b) and (c) shall not apply 
     if--
       (1) the head of the executive agency determines that 
     fulfilling the requirements of subsections (a) and (b) would 
     endanger the national security of the United States or 
     require the disclosure of classified information; or
       (2) the employee is excluded from compensation for death 
     under section 8102(a) of title 5, United States Code.
       (e) Employee Notification.--The head of an executive agency 
     shall provide appropriate notice to employees of the agency 
     of the flag benefit provided under this Act.
       (f) Regulations.--The Director of the Office of Personnel 
     Management, in coordination with the Secretary of Defense and 
     Secretary of Homeland Security, may prescribe regulations to 
     implement this Act.

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