[Senate Report 117-123]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 429
117th Congress       }                            {           Report
                                 SENATE 
 2d Session          }                            {          117-123
_______________________________________________________________________


 
         HONORING CIVIL SERVANTS KILLED IN THE LINE OF DUTY ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3487

           TO AMEND TITLE 5, UNITED STATES CODE, TO INCREASE
DEATH GRATUITIES AND FUNERAL ALLOWANCES FOR FEDERAL EMPLOYEES, AND FOR 
                             OTHER PURPOSES
                             
                             

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 June 22, 2022.--Ordered to be printed
                 
                               
                               
                               __________
                               
                    
		    
		     U.S. GOVERNMENT PUBLISHING OFFICE

29-010 			     WASHINGTON : 2022      



                 		
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Devin M. Parsons, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk






                                                      Calendar No. 429
117th Congress       }                            {           Report
                                 SENATE 
 2d Session          }                            {          117-123

======================================================================




         HONORING CIVIL SERVANTS KILLED IN THE LINE OF DUTY ACT

                                _______
                                

                 June 22, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3487]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3487) to amend 
title 5, United States Code, to increase death gratuities and 
funeral allowances for Federal employees, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    S. 3487, the Honoring Civil Servants Killed in the Line of 
Duty Act, establishes a new section of title 5, United States 
Code, to provide death gratuity payments to the surviving 
family of federal employees who die from injury or exposure to 
disease in the line of duty. Current law provides only $10,000 
in compensation following a death in the line of duty and $800 
toward funeral expenses. The death gratuity established in this 
bill would be $100,000, adjusted each year for inflation. 
Compensation for funeral expenses would be increased to $8,800. 
Additionally, the bill authorizes an emergency supplemental 
appropriation for death gratuities, if needed in the event of a 
natural disaster, act of terrorism, or other incident.

              II. Background and Need for the Legislation

    Current statute authorizes $10,000 to surviving family 
members of most federal civilian employees and a funeral 
expense benefit of $800.\1\ These minimal compensation levels 
have not changed since they were established in 1997 and 1966, 
respectively.\2\ The combined compensation levels barely cover 
the expenses of a funeral for most families, as the average 
cost of a funeral in the United States is currently between 
$7,000 and $9,000, with significantly higher averages in a 
number of states.\3\
---------------------------------------------------------------------------
    \1\Pub. L. No 103-332 (1994); and 5 U.S.C. Sec. 8134(a).
    \2\Office of Personnel Management: OPM Submits Legislative Proposal 
to Congress on Civilian Death Gratuity Benefits (Sep. 16, 2016) 
(www.opm.gov/news/releases/2016/09/opm-submits-
legislative-proposal-to-congress-on-civilian-death-gratuity-benefits/) 
(accessed on Mar. 3, 2022).
    \3\World Population Review, Average Funeral Cost by State 2022 
(worldpopulationreview.com/state-rankings/average-funeral-cost-by-
state) (accessed Mar. 3, 2022).
---------------------------------------------------------------------------
    In 2012, the Office of Personnel Management (OPM) submitted 
a report to Congress that found ``significant disparities and 
inequities across the Federal Government with respect to the 
administration of death gratuities.''\4\ According to OPM, 
variation in the administration of death gratuities occurs due 
to a range of factors, such as the particular segment of the 
federal workforce, the administering agency, differing rules 
related to offset requirements, and employee eligibility.\5\ 
Positions that already have higher levels of compensation 
include federal civilian employees killed abroad under chief of 
mission authority, whose survivors are entitled to $185,100.\6\ 
The military compensation program provides $100,000 to 
survivors of members of the Armed forces, along with monthly 
Dependency and Indemnity Compensation and other benefits 
related to health, education, and housing.\7\
---------------------------------------------------------------------------
    \4\Letters from Acting Director Beth Cobert, Office of Personnel 
Management to Speaker Paul Ryan and Vice President Joseph Biden (Sept. 
16, 2016) (www.opm.gov/news/legislative-
proposals/death-gratuity-for-federal-civilian-employees.pdf) (accessed 
Mar. 3, 2022).
    \5\Id.
    \6\National Treasury Employees Union: NTEU Endorses Legislation to 
Increase Death Benefits for Federal Employees (Jan. 12, 2022).
    \7\Military One Source, Gold Star & Surviving Family Members--
Benefits (www.militaryonesource.mil/family-relationships/gold-star-
surviving-family/gold-star-surviving-family-benefits/) (accessed Mar. 
3, 2022).
---------------------------------------------------------------------------
    In September 2016, OPM submitted a legislative proposal to 
the U.S. House of Representatives and Senate to provide more 
equitable benefits for federal employees killed in the line of 
duty.\8\ S. 3487 would act on OPM's proposal. This bill would 
rectify the disparate benefits for the surviving family of 
federal civilian employees who lose their lives while carrying 
out their service responsibilities. The bill establishes a new 
death gratuity section in title 5, United States Code, and 
increases the benefit from $10,000 to $100,000, adjusted each 
year by the Consumer Price Index for All Urban Consumers (CPI-
U). Funeral expense reimbursement would increase from $800 to 
$8,800.
---------------------------------------------------------------------------
    \8\Letters from Acting Director Beth Cobert, supra note 4.
---------------------------------------------------------------------------
    The Honoring Civil Servants Killed in the Line of Duty Act 
would cover all federal workers, including interns, seasonal 
employees, Peace Corps volunteers, Postal employees, and 
Transportation Security Administration (TSA) employees. The 
benefit would apply to the full range of incidents impacting 
civil servants in which lives are tragically lost, such as 
terrorist attacks, criminal acts, firefighting, or other loss 
of life while carrying out their official duties. The death 
gratuity established in the bill would also apply to deaths as 
a result of exposure to a disease in the line of service.

                        III. Legislative History

    Senator Kyrsten Sinema (D-AZ) introduced S. 3487, the 
Honoring Civil Servants Killed in the Line of Duty Act, on 
January 12, 2022, with original co-sponsors Chairman Gary 
Peters (D-MI), Ranking Member Robert Portman (R-OH), and 
Senator Alex Padilla (D-CA). The bill was referred to the 
Committee on Homeland Security and Governmental Affairs. 
Senator Bill Hagerty (R-TN) joined as a cosponsor on January 
31, 2022 and Senator Josh Hawley (R-MO) joined as a cosponsor 
on February 9, 2022.
    The Committee considered S. 3487 at a business meeting on 
February 2, 2022. The bill was ordered reported favorably by 
voice vote en bloc. Senators Peters, Carper, Hassan, Sinema, 
Rosen, Padilla, Ossoff, Portman, Lankford, Scott, and Hawley 
were present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Honoring Civil Servants Killed in the Line of Duty Act.''

Sec. 2. Increasing death gratuity for federal employees killed in the 
        line of duty

    Subsection (a) adds a new section to title 5 to establish a 
death gratuity benefit for federal employees killed in the line 
of duty.
    Subsection (a) of the new section defines the term 
``employee'' as a determination made the Secretary of Labor, in 
the context of the death gratuity benefit.
    Subsection (b) of the new section directs agency heads to 
pay death gratuities to beneficiaries if the death of an 
employee resulted from injury sustained while in the line of 
duty, as long as the death was not caused by willful employee 
misconduct or intoxication. The amount of the gratuity is 
$100,000, adjusted each March by CPI-U. The text specifies that 
the Secretary of State maintains authority in determining death 
gratuity amounts for employees whose compensation falls under 
the Foreign Service Act.
    Subsection (c) of the new subsection defines the term 
``child'' in the context of death gratuity recipients. The 
possible gratuity recipients, listed in order of precedence, 
include: a designated beneficiary, a surviving spouse, children 
of the employee, surviving parents, administrator of the estate 
of the employee, or the person entitled to benefits per the 
laws of the employee's state of residence.
    Subsection (b) of Section 2 of the bill amends title 49 to 
provide death gratuity eligibility to Federal Aviation 
Administration personnel. The Committee's intent is that the 
increased death benefit and funeral expenses provided for in 
this Act shall apply to all Transportation Security 
Administration employees, including Transportation Security 
Officers.

Sec. 3. Funeral expenses

    Subsection (a) amends existing language in title 5 to raise 
funeral expenses compensation from $800 to $8,800, with a cost-
living-adjustment applied each March.
    Subsection (b) applies the increased funeral expense 
compensation toward deaths on or after the date of the bill's 
enactment.

Sec. 4. Death gratuity for injuries incurred in connection with 
        employee's service with an Armed Force

    This section amends existing title 5 language regarding the 
deaths of federal employees in connection with an Armed Forces 
contingency operation. The changes will ensure such employees 
receive the same $100,000 death gratuity as established by 
Section 2 of the bill, using the same annual adjustment based 
on CPI-U.

Sec. 5. Agency gratuity for deaths sustained in the line of duty abroad

    This section amends a section of the Foreign Service Act 
regarding the deaths of Foreign Service employees. The text 
factors in the death gratuity benefit established by Section 2 
and would replace the term ``surviving dependents'' with the 
more inclusive term ``surviving beneficiaries.''

Sec. 6. Emergency supplemental authorization

    Subsection (a) defines the terms ``agency'' and ``covered 
provision'' in the context of this section.
    Subsection (b) authorizes an emergency supplemental 
appropriation if the head of an agency, with the approval of 
the Office of Management and Budget, determines that an 
emergency incident results in the inability of the agency to 
make death gratuity payments.
    Subsection (c) establishes a sense of Congress that 
Congress should take action on an emergency supplemental 
appropriations request, as described in subsection (b), within 
30 days of submission.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 9, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3487, the Honoring 
Civil Servants Killed in the Line of Duty Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dan Ready.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would:
           Provide a $100,000 payout to family (or 
        another specified individual) of federal civilian 
        employees killed in the line of duty
           Increase the funeral benefits paid for 
        federal employees
    Estimated budgetary effects would mainly stem from:
           Additional payouts resulting from the deaths 
        of federal civilian employees who died while on the job
    Areas of significant uncertainty include:
           The number of payouts agencies would be 
        required to make annually
    Bill summary: S. 3487 would generally increase the death 
gratuity benefit for federal employees who die while on the 
job. Currently, the executor of an estate of a federal employee 
who dies while performing their duties is eligible to receive a 
death gratuity amounting to $10,000. S. 3487 would increase 
that amount to $100,000, adjust the amount each year to account 
for inflation, and require agencies to make those payments to a 
beneficiary specified by the federal employee prior to their 
death or, in the case one has not been specified, family 
members of that employee.
    Estimated federal cost: The estimated budgetary effect of 
S. 3487 is shown in Table 1. The direct spending costs of the 
legislation fall within all budget functions except 900 (net 
interest), 920 (allowances), and 950 (offsetting receipts).

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 3487
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2022   2023   2024   2025   2026   2027   2028   2029   2030   2031   2032  2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Increases in Spending Subject to Appropriation
Estimated Authorization..............................      0      4      4      4      4      4      4      5      5      5      5        22         44
Estimated Outlays....................................      0      2      4      4      4      4      4      4      5      5      5        18         41
                                                              Increases in Direct Spending
Estimated Budget Authority...........................      0      *      *      *      *      *      *      *      *      *      *         2          3
Estimated Outlays....................................      0      *      *      *      *      *      *      *      *      *      *         2          3
 
Memorandum: Intragovernmental Collectionsa...........      0      *      *      *      *      *      *      *      *      *      *        -1         -3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between -$500,000 and $500,000.
aIntragovernmental collections from federal agencies to the Department of Labor to pay for federal workers' funeral benefits paid to representatives of
  deceased federal employees.

    Basis of estimate: For purposes of this estimate, CBO 
assumes S. 3487 would be enacted near the start of fiscal year 
2023.
    Spending subject to appropriation: CBO estimates that 
implementing S. 3487 would increase spending subject to 
appropriation by $18 million over the 2022-2027 for death 
gratuities and funeral benefits (see Table 2).

                TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3487
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2022    2023    2024    2025    2026    2027   2022-2027
----------------------------------------------------------------------------------------------------------------
Increased Death Gratuity:
    Estimated Authorization..........................       0       4       4       4       4       4        20
    Estimated Outlays................................       0       1       3       4       4       4        16
Funeral Benefits:a
    Estimated Authorization..........................       0       *       *       *       *       *         1
    Estimated Outlays................................       0       *       *       *       *       *         1
    Total Changes:
        Estimated Authorization......................       0       4       4       4       4       4        22
        Estimated Outlays............................       0       2       4       4       4       4        18
----------------------------------------------------------------------------------------------------------------
aComponents may not sum to totals because of rounding; * = between zero and $500,000.
aThe discretionary costs for funeral benefits would be insignificant in each year after 2027 and would total $3
  million over the 2022-2032 period.

    Increased Death Gratuity. Currently, federal agencies may 
pay death gratuities for an employee who dies while performing 
their duties. Those payments are generally limited to $10,000, 
must be made to the executor of the employee's estate, and are 
subject to the availability of appropriated funds. Section 2 
would boost that payment to $100,000, adjust the amount 
annually to account for inflation, and allow federal employees 
to specify who would receive the death gratuity. If a federal 
employee has not specified a beneficiary by the time of their 
death, family members would receive the gratuity.
    Using information from the Department of Labor (DOL), CBO 
estimates that about 40 employees die each year in the course 
of performing their duties. Enacting S. 3487 would increase 
death gratuities by $90,000 at the start of 2023, and by 
somewhat larger amounts in future years. On that basis, and 
assuming appropriation of the necessary amounts, CBO estimates 
that implementing this provision would cost about $4 million a 
year, on average, totaling $16 million over the 2022-2027 
period and $38million over the 2022-2032 period. Some spending 
would occur in years after an employee's death because of the 
timing of the death and delays in processing the resulting 
payments.
    Additionally, the bill would adjust existing death 
gratuities for inflation when federal employees die in 
connection with the employee's service with the Armed Forces in 
a contingency operation. CBO does not expect that implementing 
that provision would have a significant cost.
    Funeral Benefits. Under the Federal Employees' Compensation 
Act (FECA), the current maximum amount that DOL can reimburse 
the personal representative of a deceased federal employee for 
funeral costs is $800. S. 3487 would increase the maximum 
amount to $8,800 and CBO expects that most people would receive 
the maximum funeral benefit. Increasing payments for FECA 
funeral benefits, would increase direct spending, which is 
discussed below under the heading ``Direct Spending.'' In turn, 
the claimant's employing agency would reimburse the FECA 
account from discretionary appropriations. (Those 
reimbursements are shown in the memorandum line in Table 1.) 
CBO estimates that increasing the funeral benefit would 
increase spending subject to appropriation for reimbursements 
by $1million over the 2022-2027 period and $3 million over the 
2022-2032 period.
    Direct spending: CBO estimates that increasing the funeral 
benefit under FECA would increase direct spending by $3 million 
over the 2022-2032 period, as shown in Table 1. That cost is 
slightly more than the amount agencies would reimburse DOL 
because reimbursements from agency appropriations are generally 
made some time after the benefits are paid. The receipt of 
those reimbursements is not counted as having an effect on the 
deficit because the payments are dependent on future 
appropriations.
    Uncertainty: The number of federal employees who die in the 
course of their duties could vary considerably. Terrorist 
attacks, natural disasters, pandemics, wars, or other exogenous 
events could significantly increase the number federal 
employees who die on the job. CBO has no basis to assess the 
likelihood of any of those events, or the extent to which those 
events would change the number of employee deaths per year 
compared with what we estimated for purposes of this estimate.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 1.
    Increase in long-term deficits: CBO estimates that enacting 
S. 3487 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2033.
    Mandates: None.
    Estimate prepared by: Federal Costs: Dan Ready (federal 
pay); Meredith Decker (FECA); Mandates: Andrew Laughlin.
    Estimate reviewed by: Christine Hawley Anthony, Chief, 
Projections Unit; H. Samuel Papenfuss, Deputy Director of 
Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 55--PAY ADMINISTRATION

           *       *       *       *       *       *       *


Table of sections
SUBCHAPTER I--GENERAL PROVISIONS
     * * * * * * *
[SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES]SUBCHAPTER VII--PAYMENTS 
          TO MISSING PERSONS AND PAYMENTS FOR DISABILITY OR DEATH
Sec.
5561. Definitions.
5562. Pay and allowances; continuance while in a missing status; 
          limitations.
5563. Allotments; continuance, suspension, initiation, resumption, or 
          increase while in a missing status; limitations.
5564. Travel and transportation; dependents; household and personal 
          effects; motor vehicles; sale of bulky items; claims for 
          proceeds; appropriation chargeable.
5565. Agency review.
5566. Agency determinations.
5567.Settlement of accounts.
5568.Income tax deferment.
5569. Benefits for captives.
5570. Compensation for disability or death.
5571. Employee death gratuity payments.

           *       *       *       *       *       *       *


SUBCHAPTER VII--PAYMENTS TO MISSING [EMPLOYEES]PERSONS AND PAYMENTS FOR 
DISABILITY OR DEATH

           *       *       *       *       *       *       *



SEC. 5571. EMPLOYEE DEATH GRATUITY PAYMENTS

    (a) Definition.--
          (1) In general.--Notwithstanding section 5561(2), in 
        this section, the term `employee' means an individual 
        who has been determined by the Secretary of Labor to be 
        an employee within the meaning of section 8101(1).
          (2) Exclusive authority.--A determination described 
        in paragraph (1) may be made only by the Secretary of 
        Labor.
    (b) Gratuity.--
          (1) In general.--With respect to the death of an 
        employee occurring on or after the date of enactment of 
        this section, notwithstanding section 8116, and in 
        addition to any payment made under subchapter I of 
        chapter 81, the head of the agency employing the 
        employee shall pay from appropriations made available 
        for salaries and expenses of that agency a death 
        gratuity to the person identified under subsection 
        (c)(2), if the death of the employee--
                  (A) results from injury sustained while in 
                the line of duty of the employee; and
                  (B) is not--
                          (i) caused by willful misconduct of 
                        the employee;
                          (ii) caused by the intention of the 
                        employee to bring about the injury or 
                        death of the employee or another; or
                          (iii) proximately caused by the 
                        intoxication of the injured employee.
          (2) Amount.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount of a death 
                gratuity paid under paragraph (1) with respect 
                to an employee shall be $100,000, as adjusted 
                each March 1 by the amount determined by the 
                Secretary of Labor to represent the percentage 
                change in the Consumer Price Index for All 
                Urban Consumers (all items; United States city 
                average) published for December of the 
                preceding year over that Index published for 
                the December of the year prior to the preceding 
                year, adjusted to the nearest 1/10 of 1 
                percent.
                  (B) Local Compensation Plans.--For an 
                employee compensated under a local compensation 
                plan established under section 408 of the 
                Foreign Service Act of 1980 (22 U.S.C. 3968), 
                the amount of a death gratuity paid under 
                paragraph (1) with respect to the employee 
                shall be in an amount determined in rules 
                issued by the Secretary of State.
    (c) Recipient of Payment.--
          (1) Definition.--In this subsection, the term 
        `child'--
                  (A) includes--
                          (i) a natural child; and
                          (ii) an adopted child; and
                  (B) does not include a stepchild.
          (2) Order of Precedence.--A death gratuity paid under 
        subsection (b) with respect to an employee shall be 
        paid in the following order of precedence:
                  (A)(i) To the beneficiary designated to 
                receive the gratuity by the employee in a 
                signed and witnessed writing that is received 
                by the agency employing the employee before the 
                date of the death of the employee.
                  (ii) A designation, change, or cancellation 
                of beneficiary in a will, or another document 
                not described in clause (i), shall have no 
                force or effect for the purposes of that 
                clause.
          (B) If there is no beneficiary described in 
        subparagraph (A), to the surviving spouse of the 
        employee.
          (C) If neither subparagraph (A) nor (B) applies, to 
        the children of the employee (including the descendant 
        of any deceased child by representation) such that each 
        such child receives an equal amount of the gratuity.
          (D) If none of subparagraph (A), (B), or (C) applies, 
        to the surviving parents of the employee such that each 
        such surviving parent receives an equal amount of the 
        gratuity.
          (E) If none of subparagraphs (A) through (D) applies, 
        to the duly appointed executor or administrator of the 
        estate of the employee.
          (F) If none of subparagraphs (A) through (E) applies, 
        to the person entitled, under the laws of the State in 
        which the employee is domiciled, as of the date on 
        which the employee dies, to receive the payment.

           *       *       *       *       *       *       *


SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *


CHAPTER 81--COMPENSATION FOR WORK INJURIES

           *       *       *       *       *       *       *


SUBCHAPTER 1--GENERALLY

           *       *       *       *       *       *       *


SEC. 8102A. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH 
                    EMPLOYEE'S SERVICE WITH AN ARMED FORCE

    (a) Death Gratuity Authorized.--[The United States]
          (1) In general.--The United States shall pay a death 
        gratuity of [up to] $100,000 to or for the survivor 
        prescribed by subsection (d) immediately upon receiving 
        official notification of the death of an employee who 
        dies of injuries incurred in connection with the 
        employee's service with an Armed Force in a contingency 
        operation.
          (2) Adjustment.--The amount described in paragraph 
        (1) shall be adjusted each March 1 by the amount 
        determined by the Secretary of Labor to represent the 
        percentage change in the Consumer Price Index for All 
        Urban Consumers (all items; United States city average) 
        published for December of the preceding year over that 
        Index published for the December of the year prior to 
        the preceding year, adjusted to the nearest 1/10 of 1 
        percent.
    (b) * * *
    [(c) Relationship to Other Benefits.--The death gratuity 
payable under this section shall be reduced by the amount of 
any death gratuity provided under section 413 of the Foreign 
Service Act of 1980, section 1603 of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Hurricane Recovery, 2006, or any other law of the United States 
based on the same death.]
    (c) Relationship to Other Benefits.--With respect to a 
death occurring on or after the date of enactment of the 
Honoring Civil Servants Killed in the Line of Duty Act, the 
death gratuity payable under this section may not be reduced by 
the amount of any other death gratuity provided under any other 
provision of Federal law based on the same death.
    (d) Eligible Survivors.--
          (1) * * *

           *       *       *       *       *       *       *

          (7) If a person covered by this section does not have 
        any eligible survivors, as described in this 
        subsection, and that person has not designated an 
        alternate person to receive a payment under this 
        section, the payment shall be paid to the personal 
        representative of the person's estate.

SEC. 8133. COMPENSATION IN CASE OF DEATH

           *       *       *       *       *       *       *


STATUTORY NOTES AND RELATED SUBSIDIARIES

           *       *       *       *       *       *       *


    [Gratuity for Death of Civilian Employee From Injury 
Sustained in Line of Duty
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 651], Sept. 30, 1996, 110 Stat. 3009-314, 3009-368, 
provided that: ``Notwithstanding section 8116 of title 5, 
United States Code, and in addition to any payment made under 5 
U.S.C. 8101 et seq., beginning in fiscal year 1997 and 
thereafter, the head of any department or agency is authorized 
to pay from appropriations made available to the department or 
agency a death gratuity to the personal representative (as that 
term is defined by applicable law) of a civilian employee of 
that department or agency whose death resulted from an injury 
sustained in the line of duty on or after August 2, 1990: 
Provided, That payments made pursuant to this section, in 
combination with the payments made pursuant to sections 8133(f) 
and 8134(a) of such title 5 and section 312 of Public Law 103-
332 (108 Stat. 2537) [5 U.S.C. 8134 note], may not exceed a 
total of $10,000 per employee.'']

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SEC. 8134. FUNERAL EXPENSES; TRANSPORTATION OF BODY

    (a)(1) If death results from an injury sustained in the 
performance of duty, the United States shall pay, to the 
personal representative of the deceased or otherwise, funeral 
and burial expenses not to exceed [$800]$8,800, in the 
discretion of the Secretary of Labor.
    (2) The amount described in paragraph (1) shall be adjusted 
on March 1 of each year by the percentage amount determined by 
the Secretary of Labor under section 8146a for that year.

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TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

           *       *       *       *       *       *       *


CHAPTER 52--FOREIGN SERVICE

           *       *       *       *       *       *       *



SUBCHAPTER IV--COMPENSATION

           *       *       *       *       *       *       *



SEC. 3973. DEATH GRATUITIES

    (a) Criteria; Amount; Payment Deemed Gift.--The Secretary 
may provide for payment of a gratuity to the surviving 
[dependents]beneficiaries of any Foreign Service employee, who 
dies as a result of injuries sustained in the performance of 
duty abroad, in an amount equal to one year's salary at level 
II of the Executive Schedule under section 5313 of title 5 at 
the time of death, except that for employees compensated under 
local compensation plans established under section 3968 of this 
title the amount shall be equal to the greater of either one 
year's salary at the time of death, or one year's basic salary 
at the highest step of the highest grade on the local 
compensation plan from which the employee was being paid at the 
time of death. Any death gratuity payment made under this 
section shall be held to have been a gift and shall be in 
addition to any other benefit payable from any source except as 
provided in subsection (e).
    (b) [Other ]Executive Agencies.--The head of an executive 
agency shall, pursuant to guidance issued under subsection (c), 
make a death gratuity payment authorized by this section to the 
[survivors]surviving beneficiaries of--
          (1) any employee of that agency who dies as a result 
        of injuries sustained in the performance of duty abroad 
        while subject to the authority of the chief of mission 
        pursuant to section 207; or
          (2) [or of ]an individual in a special category 
        serving in an uncompensated capacity for that agency 
        abroad in support of a diplomatic mission, as 
        identified in guidance issued under subsection (c), who 
        dies as a result of injuries sustained in the 
        performance of duty abroad [while subject to the 
        authority of the chief of mission pursuant to section 
        3927 of this title].
    (c) * * *
    [(d) Eligibility to Elect Monthly Compensation as Condition 
to Payment.--A death gratuity payment shall be made under this 
section only if the survivor entitled to payment under 
subsection (c) is entitled to elect monthly compensation under 
section 8133 of title 5, because the death resulted from an 
injury (excluding a disease proximately caused by the 
employment) sustained in the performance of duty, without 
regard to whether such survivor elects to waive compensation 
under such section 8133.]
    (d) Eligibility Under Chapter 81 of Title 5, United States 
Code.--A death gratuity payment shall be made under this 
section only if the death is determined by the Secretary of 
Labor to have resulted from an injury (excluding a disease 
proximately caused by the employment) sustained in the 
performance of duty under section 8102 of title 5, United 
States Code.
    (e) Offset.--For deaths occurring on or after the date of 
enactment of the Honoring Civil Servants Killed in the Line of 
Duty Act, the death gratuity payable under this section shall 
be reduced by the amount of any death gratuity provided under 
section 5571 of title 5, United States Code, based on the same 
death.
    [(e)](f) Definitions.--As used in this section--
    (1) the term ``Foreign Service employee'' means any member 
of the Service or United States representative to an 
international organization or commission; and
    (2) [each of ]the [term ``widow'', ``widower'', ``child'', 
and ``parent'' shall have the same meaning given each such term 
by section 8101 of title 5.]term `surviving beneficiaries' 
means the person or persons identified pursuant to the order of 
precedence established under section 5571(c)(2) of title 5, 
United States Code.

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TITLE 49--TRANSPORTATION

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SUBTITLE VII--AVIATION PROGRAMS

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PART A--AIR COMMERCE AND SAFETY

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SUBPART I--GENERAL

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CHAPTER 401--GENERAL PROVISIONS

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SEC. 40122. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM

    (a) * * *

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    (g) Personnel management system.--
          (1) * * *
          (2) Applicability of title 5.--The provisions of 
        title 5 shall not apply to the new personnel management 
        system developed and implemented pursuant to paragraph 
        (1), with the exception of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) subsections (b), (c), and (d) of section 
                4507 (relating to Meritorious Executive or 
                Distinguished Executive rank awards) and 
                subsections (b) and (c) of section 4507a 
                (relating to Meritorious Senior Professional or 
                Distinguished Senior Professional rank awards), 
                except that--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) receipt by a career appointee 
                        or a senior career employee of the rank 
                        of Distinguished Executive or 
                        Distinguished Senior Professional 
                        entitles the individual to a lump-sum 
                        payment of an amount equal to 35 
                        percent of annual basic pay, which 
                        shall be in addition to the basic pay 
                        paid under the Federal Aviation 
                        Administration Executive Compensation 
                        Plan; [and]
                  (J) subject to paragraph (4) of this 
                subsection, section 6329, relating to disabled 
                veteran leave[.]; and
                  (K) section 5571, relating to death 
                gratuities resulting from an injury sustained 
                in the line of duty.

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