[Congressional Record Volume 157, Number 166 (Wednesday, November 2, 2011)]
[House]
[Pages H7223-H7226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                CIVILIAN SERVICE RECOGNITION ACT OF 2011

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2061) to authorize the presentation of a United States flag 
at the funeral of Federal civilian employees who are killed while 
performing official duties or because of their status as a Federal 
employee, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2061

       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 WHO DIE OF INJURIES 
                   IN CONNECTION WITH THEIR EMPLOYMENT.

       (a) Presentation Authorized.--Upon receipt of a request 
     under subsection (b), the head of an executive agency may 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 employment with the Federal government.
       (b) Request for Flag.--The head of an executive agency may 
     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.
       (c) Classified Information.--The head of an executive 
     agency may disclose information necessary to show that a 
     deceased individual is an employee described in subsection 
     (a) to the extent that such information is not classified and 
     to the extent that such disclosure does not endanger the 
     national security of the United States.
       (d) Employee Notification of Flag Benefit.--The head of an 
     executive agency shall provide appropriate notice to 
     employees of the agency of the flag benefit provided for 
     under this section.
       (e) Regulations.--The Director of the Office of Personnel 
     Management, in coordination with the Secretary of Defense and 
     the Secretary of Homeland Security, may prescribe regulations 
     to implement this section. Any such regulations shall provide 
     for the head of an executive agency to consider the 
     conditions and circumstances surrounding the death of an 
     employee and nature of the service of the employee.
       (f) Definitions.--In this section:
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentleman from Maryland (Mr. Cummings) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2061, the Civilian Service Recognition Act of 2011, was 
introduced by the gentleman from New York (Mr. Hanna) on May 31 of this 
year. H.R. 2061 enjoys the support of 21 cosponsors on both sides of 
the aisle, and the Committee on Oversight and Government Reform 
reported this bill by voice vote on June 22 of this year.
  Mr. Speaker, each year a small number of Federal civilian employees 
tragically lose their lives as a result of the duties they pledged to 
fulfill. Sadly, nearly 3,000 Federal civilian workers have died on the 
job since 1992.
  Many civilian employees are veterans and thus are entitled to 
military

[[Page H7224]]

funeral honors. In addition, the Departments of Defense and Homeland 
Security have regulatory authority over burial benefits related to 
civilian employees who die as a result of their service with an Armed 
Force in a contingency operation.
  The Federal Government lacks a policy authorizing the presentation of 
a United States flag to the families of Federal civilian employees 
serving elsewhere who lose their lives as a result of their employment. 
For those civilian employees who make the ultimate sacrifice in the 
course of service to their country, H.R. 2061 authorizes agencies to 
give a United States flag as a way for the Nation to formally express 
sympathy and gratitude.
  H.R. 2061 is supported by a broad coalition of Federal employee 
organizations, including the Federal Law Enforcement Officers 
Association, American Foreign Service Association, American Federation 
of Government Employees, and the Service Executives Association.
  I would like to thank Representatives Hanna and Hinchey for bringing 
this important issue to the attention of this Congress. I would also 
like to thank the minority for working with us to bring this 
legislation to the floor for our consideration.
  I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H.R. 2061, the Civilian Service 
Recognition Act of 2011, as amended. I commend Congressman Hanna for 
his work on this legislation. This bill would authorize Federal 
agencies to give the United States flag to the families of Federal 
civilian and postal employees who lose their lives as a result of a 
criminal act, an act of terrorism, a natural disaster, or in other 
special circumstances as determined by the President of the United 
States.

                              {time}  1230

  There are more than 2.8 million Federal civilian and postal 
employees. They are the men and women who gather and analyze the 
intelligence that enables us to track down terrorists such as Osama bin 
Laden. They are our postal employees who deliver the mail to us in the 
rain, snow, sleet, and hail. They are the scientists who conduct 
groundbreaking and lifesaving research like those that I've seen at 
NIH. They are the food and water inspectors who ensure the products we 
eat and drink will not harm us. They are the correctional officers 
guarding criminals and terrorists, and they are the nurses and doctors 
who care for us and our wounded veterans.
  Many of these employees have high-risk, dangerous jobs, and they put 
their lives on the line every day in service to our Nation. They give 
their blood, sweat, and tears for our Nation. For example, 
approximately 44,000 Federal civilian employees have served alongside 
our uniformed servicemembers in Iraq, Afghanistan, and other combat-
related zones over the last decade. They have performed jobs critical 
to our missions, and they have been essential to the successes our 
military has achieved.
  Over the past two decades, some 3,000 Federal civilian employees have 
died on the job. The gift of a United States flag to the families of 
Federal employees who die in the line of duty is a small token of our 
very great appreciation for the ultimate sacrifice these public 
servants have made.
  That said, Mr. Speaker, these same civil servants that we seek to 
honor here today are the very same people who are under attack from 
some quarters for simply doing their jobs. Recently, the majority of 
the House Oversight and Government Reform Committee recommended to the 
Joint Select Committee on Deficit Reduction that Federal workers who 
are already subject to a 2-year-long pay freeze also be subjected to 
the following: arbitrary 10 percent workforce reductions, an extended 
pay freeze through 2015, elimination of periodic step increases, 
increased employee contributions to the Civil Service Retirement System 
and the Federal Employees Retirement System, and a change in the 
formula used to calculate Federal pensions that may reduce the benefits 
provided to these many employees. In addition, our committee has 
scheduled H.R. 3029 for consideration tomorrow. This bill would require 
a 10 percent reduction in the Federal workforce by fiscal 2015.
  It is appropriate and, in fact, past due that we pay tribute to our 
civil servants who make the ultimate sacrifice in service to our great 
Nation, and I am encouraged that the legislation before us enjoys 
bipartisan support. But I remind my colleagues that it doesn't make any 
sense to turn around and attack these same workers' livelihoods as we 
consider further deficit reductions. Such actions denigrate the value 
of the service these individuals provide to our great Nation, the very 
service we are honoring in H.R. 2061.
  If Federal employees are worthy of receiving a gift of our Nation's 
flag upon their deaths, they are surely worthy of receiving their full 
pay and benefits for a lifetime of service to our country. Therefore, 
Mr. Speaker, I urge my colleagues to support this bill to honor Federal 
employees killed in the line of duty. I also urge my colleagues to join 
me in honoring all of our civil servants by opposing any further 
efforts to balance the Nation's budget on the backs of these dedicated 
men and women.
  With that, I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to my 
distinguished colleague from the State of New York, the primary author 
of this bill, Mr. Hanna.
  Mr. HANNA. I thank the gentleman from Utah for yielding.
  Mr. Speaker, I rise today in proud support of H.R. 2061, the Civilian 
Service Recognition Act of 2011.
  First, I would like to thank a few of my colleagues for helping to 
bring this bill to the floor. My friend and colleague, a New Yorker, 
Maurice Hinchey, one of the original cosponsors of this bill; my 
neighbor and friend in the Cannon Office Building and someone who has 
been supportive of this effort from the very beginning, Donna Edwards, 
Representative from Maryland; Oversight and Government Reform Committee 
Chairman Darrell Issa and Ranking Member Elijah Cummings for their 
support of this bill; and the entire staff of the Oversight and 
Government Reform Committee for its work on this bill.
  In addition, Mr. Speaker, I'd like to thank the people who prompted 
the introduction of this bill: Grant Reeher and Terry Newell. These 
gentlemen penned a joint opinion editorial in The Syracuse Post-
Standard suggesting that legislation be introduced to honor civil 
servants who are killed in the line of duty.
  Mr. Speaker, this bill is quite simple. If a civilian Federal 
employee is killed on the job as a result of a criminal contact, 
terrorism, natural disaster, or an extraordinary event as determined by 
the President of the United States, their next of kin would be 
authorized to receive a United States flag. The Congressional Budget 
Office reports that this bill would have ``no significant effect on the 
Federal budget.''
  Mr. Speaker, since 1992, almost 3,000 civilian Federal workers have 
been killed while on duty, both in places like Iraq, Afghanistan, and 
Haiti, but also in places like Oklahoma City and Austin, Texas. This 
legislation is widely supported by a variety of groups and individuals, 
including civil service organizations, former Homeland Security 
Secretary Michael Chertoff, and the American Legion.
  I would like to note for the record that the American Legion raised 
some concerns about the language of this bill. I am personally very 
grateful and much appreciate their input. My office, as well as the 
committee staff, have worked with the Legion not only to listen to its 
concerns, but to act on them, which we have in this bill. In the end, 
we made a better bill, mindful of the real differences between military 
and civilian service, but also acceptable to all parties.
  Legislative language aside, the spirit of this bill and the original 
intent of this bill is simple. If a Federal civil employee is killed in 
the line of duty, whether at home or abroad, their life will be honored 
by this Nation. Their family will be presented a flag on behalf of the 
United States of America.
  More than 2 million Federal civilian employees work within our 
country and in countless overseas posts, many of them in dangerous jobs 
at Customs and Border Protection or the FBI, just to name a couple of 
examples. This is a

[[Page H7225]]

modest but significant benefit in honor of these dedicated individuals 
who sacrifice on our behalf.
  Until the September 11 attacks, the largest terrorism attack on 
American soil took place in 1995--the Oklahoma City bombing. Employees 
showed up at the Federal building that day, like so many before, to go 
to work, to fulfill their oath of office and meet their obligations.
  Ours is a grateful Nation, one that values the sacrifices made in 
honor of this country. Mr. Speaker, a life can never be repaid, but it 
can be honored. I urge all my colleagues to join me in support of H.R. 
2061.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Again, I wholeheartedly support this legislation, and I think it's a 
very, very important piece of legislation. I want to congratulate Mr. 
Hanna and all the cosponsors for it.
  At the same time, though, there is an old saying: Give me my flowers 
while I live. The fact is that there are many Federal employees, and we 
get the calls every day, when we sit in committees and we hear negative 
things said about Federal employees, and I think we forget that we take 
so many of them for granted. And so often when you take people for 
granted, you just assume that things are going to work and that 
agencies are going to work.
  In my district, I have the Social Security Administration, and I get 
complaints from employees almost every day. As they see a downsizing, 
they see their workload increasing tremendously, but yet they are still 
being subject to pay freezes and things of this nature.
  So I think, again, this legislation is extremely important; but, 
again, I emphasize that I think it's so important that we not place 
these Federal employees in positions where they are constantly told 
that they're not doing enough work or they are not needed in many 
instances and need to be downsized, need to have their pay reduced and 
need to have the increases to their contribution to the retirement 
system.
  With that, Mr. Speaker, I reserve the balance of my time.

                              {time}  1240

  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume 
to just merely point out that since Barack Obama took office until now, 
there are more than 141,000 additional Federal workers on the payroll. 
So while there has been some discussion about not appreciating Federal 
workers, I fully appreciate the Federal workers--they're patriotic 
people, they work hard, they do a good job. But I do think we have an 
expectation that people do a good day's work for a good salary. And 
there is nothing that has been brought up today to suggest we're doing 
anything other than recognizing those who are paying the ultimate 
sacrifice. We have been increasing the number of Federal employees; 
some of us are concerned about that. That is a discussion for another 
day.
  At this time, Mr. Speaker, I would yield such time as he may consume 
to my distinguished colleague from Virginia (Mr. Wolf), who has been 
very active on this issue and cares passionately about this issue.
  (Mr. WOLF asked and was given permission to revise and extend his 
remarks.)
  Mr. WOLF. I thank the chairman for recognizing me. I appreciate it 
very much.
  I rise in strong support of the bill. It's very appropriate. The 
first person killed in Afghanistan was a civilian employee from my 
congressional district, a CIA employee, Michael Spann. I went to the 
funeral out at Arlington Cemetery. He was the very first person, and he 
was a civilian and gave his life there.
  I also, about 7 or 8 months ago, went out to the agency where they 
had a memorial service--the President was there, as was Director 
Panetta--to remember the seven who were killed at that base there. You 
could see the young families and just the pain and the agony and the 
suffering. Also, the DEA; we lost three DEA people in Afghanistan 
fighting the drug wars. And you can go on, the Border Patrol and all 
the others. So I want to thank Mr. Hanna for the bill, thank the 
chairman for it, and thank the ranking member. This is important, I 
think, to do.
  I want to thank the gentleman from New York, Mr. Hanna, for 
introducing this legislation, which authorizes the presentation of the 
United States flag to federal employees who have died in the line of 
duty.
  According to the Office of Personnel Management, since 1992, nearly 
3,000 federal employees have paid the ultimate price while serving 
their country.
  Federal employees work side-by-side on the front lines with our 
military personnel to carry out the Global War on Terror in locations 
such as Iraq and Afghanistan. They put their lives at risk daily to 
defend our national interests.
  The first American killed in Afghanistan, Mike Spann, was a CIA agent 
and a constituent from my congressional district. Imagine the dangers a 
CIA or State Department employee or DEA agent or an FBI agent working 
in Afghanistan with the U.S. military must encounter.
  When I traveled to Afghanistan, I visited with FBI agents serving 
side-by-side with our military in the fight against the Taliban. DEA 
agents are also in Afghanistan and working to eradicate the poppy, 
which the Taliban and al Qaeda use as a primary source of funding in 
their operations. Last year, three DEA agents were killed in 
Afghanistan.
  A year ago January, I attended funerals for some of the seven CIA 
agents who were killed by a Taliban suicide bomber at Forward Operative 
Base Chapman near the Afghanistan-Pakistan border.
  Federal employees also put their lives on the line here at home. The 
Border Patrol agent shot and killed in Arizona this past December who 
was working to stop the flow of illegal immigrants across our southern 
border was a federal employee.
  The three Immigration and Customs Enforcement agents who were 
attacked, including one who was killed, outside of Mexico City were 
federal employees.
  Each federal employee repeats the following oath: ``I, [name], do 
solemnly swear (or affirm) that I will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that I will bear true faith and allegiance to the same; that 
I take this obligation freely, without any mental reservation or 
purpose of evasion; and that I will well and faithfully discharge the 
duties of the office on which I am about to enter. So help me God.''
  We fly the flag to demonstrate our support for the values and 
principals found in the Constitution and expressed by this oath. I 
believe it is appropriate to allow for the presentation of the flag if 
an employee is killed because they represent this oath, which is why I 
am a proud cosponsor of this measure.
  This legislation recognizes all unsung federal employees who work to 
ensure that our government is running as efficiently and effectively as 
possible to provide the services that taxpayers expect. I urge all 
members to support H.R. 2061.
  Mr. CUMMINGS. Mr. Speaker, I am very pleased to yield 4 minutes to 
the gentlewoman from Maryland, Ms. Donna Edwards.
  Ms. EDWARDS. I thank my colleague from Maryland for yielding.
  I want to congratulate Congressman Hanna. It's been a privilege to be 
able to work with Mr. Hanna on his efforts in resolving some issues 
that have held up the passage of H.R. 2061--and I'm glad that we're 
here today--the Civilian Service Recognition Act.
  When Federal civilian servants take the oath of office, they solemnly 
swear to ``defend the Constitution of the United States from enemies, 
both foreign and domestic.'' This legislation would authorize the head 
of an executive agency to give a U.S. flag to the next of kin of a 
deceased employee who dies at home or abroad of injuries incurred in 
connection with his or her employment with the government. The bill 
specifies that the employee would have to die due to injuries sustained 
with a criminal act, an act of terrorism, a natural disaster, or other 
circumstance as determined by the President.
  The legislation is a well-deserved reminder of the important work 
done by our civilian employees, particularly when Federal employees 
have been so criticized and placed on the chopping block during the 
recent debates. H.R. 2061 is a modest but significant show of gratitude 
to our Federal civilian employees and the families of deceased public 
servants for their duty to the United States Government.
  According to the Office of Personnel Management, over 100,000 
civilian Federal employees have served in Afghanistan and Iraq 
alongside our military forces. As the daughter of a career 
servicemember, I know well the numerous sacrifices that members of our 
armed services, public servants, and their families make, and this 
doesn't in any way diminish the service that they

[[Page H7226]]

engage in every day. What it says, though, is that for those who serve 
in harm's way and who lose their lives, that we value their service as 
well.
  And very similar to members of the Armed Forces, members of the 
Federal civilian workforce often risk their lives to carry out official 
duties critical to the Federal Government's foreign and domestic 
missions. OPM reports that more than 3,000 Federal employees have been 
killed in the line of duty since 1992.
  In 2008, as the gentleman from Virginia mentioned, an FBI special 
agent was tragically shot and killed during a joint DEA, FBI, and local 
police department raid. This special agent began his law enforcement 
career with the Ocean City, Maryland, Police Department and later 
served with the Baltimore, Maryland, Police Department. Another brave 
Marylander, a DEA special agent who graduated from the University of 
Maryland, was killed in 2009 when the U.S. military helicopter he was 
in crashed while returning from a joint counternarcotics mission in 
western Afghanistan.
  I want to recognize the dedication of these civil servants. This is a 
long-overdue recognition to the 146,000 Federal employees living in 
Maryland's Fourth Congressional District, many of whom place their 
lives on the line every day. I know that when I had the privilege of 
joining our servicemembers and our civilians in Afghanistan, I found 
many employed with the Department of Agriculture, Homeland Security, 
the IRS--virtually every agency of the United States serving in that 
dangerous and hostile theater.
  Mr. Speaker, I want to thank Congressman Hanna and the chair and 
ranking member of the Oversight and Government Reform Committee for 
their work on this bill. I commend passage of this legislation and urge 
all my colleagues to vote in favor of H.R. 2061, the Civilian Service 
Recognition Act.
  Mr. CUMMINGS. Mr. Speaker, in closing, I just wanted to let the 
gentleman know that he mentioned that there had been an increase in 
Federal employees. There have been increases in DOD, DHS, and VA, but 
all the other agencies over the 10 years have been decreasing.
  With that, Mr. Speaker, I would urge passage of this legislation, and 
I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  While the gentleman from Maryland and I may disagree on the 
statistics of the number of Federal employees, I think we can be united 
in supporting this bill, H.R. 2061.
  There are so many good people who are doing the right thing, they're 
working hard, they're patriotic, and somehow, some way, unfortunately 
they pay the ultimate sacrifice.
  We simply urge our colleagues on both sides of the aisle to pass 
this. It may seem trivial to some, but I guarantee you that to the 
families who have suffered a loss of such consequence, of such 
magnitude, a flag presented from the United States of America is 
appropriate, it's something we should do. I congratulate Mr. Hanna for 
bringing this bill forward, and I encourage all of my colleagues to 
pass it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANNA. Mr. Speaker, I rise today in proud support of H.R. 2061, 
the Civilian Service Recognition Act of 2011.
  First, I need to thank several of my colleagues for their help in 
bringing this bill to the floor:
  My friend and colleague to the south--and--the original co-sponsor of 
this bill: Maurice Hinchey.
  My neighbor in the Cannon House Office Building and someone who's 
been supportive of this effort from the beginning: Donna Edwards, 
representative from Maryland.
  Oversight and Government Reform Committee Chairman Darrell Issa and 
Ranking Member Elijah Cummings for their support of this bill.
  The entire staff of the Oversight and Government Reform Committee for 
its work on this bill.
  Mr. Speaker, I need to thank the people who prompted the introduction 
of this bill: Grant Reecher and Terry Newell.
  These gentlemen penned a joint opinion-editorial in The Syracuse 
Post-Standard, suggesting legislation be introduced to honor civil 
servants who are killed in the line of duty.
  Mr. Speaker, this bill is simple. If a civilian federal employee is 
killed on the job as a result of a criminal act, terrorism, natural 
disaster, or an extraordinary event as determined by the President, 
their next of kin would be authorized to receive a United States flag.
  The Congressional Budget Office reports that this bill would have 
``no significant effect on the federal budget.''
  Mr. Speaker, since 1992, almost 3,000 civilian federal workers have 
been killed while on duty, both in places like Iraq, Afghanistan, and 
Haiti--but also in places like Oklahoma City, and Austin, Texas.
  This legislation is widely supported by a wide array of groups and 
individuals including civil service organizations, former Homeland 
Security Secretary Michael Chertoff, and the American Legion.
  I would note for the record that the American Legion raised some 
concerns about the language of the bill. I personally very much 
appreciated the input. My office, as well as Committee staff, worked 
with the Legion to not only listen to its concerns, but act on them.
  In the end we made this bill better. Mindful of the real differences 
between military and civilian service, but acceptable to all parties 
involved.
  Legislative language aside--the spirit of this bill--and the original 
intent of this bill--is simple: If a federal civilian employee is 
killed in the line of duty whether at home or abroad, their life will 
be honored by this nation. Their family will be presented a flag on 
behalf of the United States of America.
  More than 2 million federal civilian employees work within our 
country and in countless overseas posts, many of them in dangerous jobs 
at Customs and Border Protection or the FBI, just to name a couple of 
examples.
  This is a modest, but significant benefit in honor of these dedicated 
individuals who sacrificed on our behalf.
  Until the September 11th attacks, the largest terrorism attack on 
American soil took place in 1995--the Oklahoma City bombing. Employees 
showed up at the federal building that day--like so many before--to go 
to work. To fulfill their oath of service to the U.S. Government.
  Ours is a grateful nation, one that values the sacrifices made in 
honor of this country.
  A life can never be repaid, but it can be honored.
  Mr. Speaker, I urge all of my colleagues to join me in supporting 
H.R. 2061.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 2061, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________