119-hr3317

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3317 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3317

 To provide and expand gratuities for employees killed in the line of 
 duty, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 9, 2025

Mr. Connolly (for himself and Mr. Fitzpatrick) introduced the following 
 bill; which was referred to the Committee on Oversight and Government 
 Reform, and in addition to the Committees on Foreign Affairs, Armed 
 Services, Veterans' Affairs, Transportation and Infrastructure, 
Homeland Security, and Ways and Means, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To provide and expand gratuities for employees killed in the line of 
 duty, and for other purposes.

 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 ``Honoring Civil Servants Killed in 
the Line of Duty Act''.

SEC. 2. INCREASING DEATH GRATUITY FOR FEDERAL EMPLOYEES KILLED IN THE 
 LINE OF DUTY.

    (a) Amendments to Title 5, United States Code.--

    (1) In general.--Subchapter VII of chapter 55 of title 5, 
 United States Code, is amended by adding at the end the 
 following:
``

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) , but not including any 
 individual described under subparagraph
            (D) of such section.
 ``

    (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, the head of the agency at which the employee was 
 employed 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 injuries incurred--
 ``
            (i) in connection with such employee's 
 employment with the Federal Government; or
 ``
            (ii) as a result of a criminal act, an 
 act of terrorism, a natural disaster, or any 
 other circumstance as determined by the agency 
 head; and
 ``
        (B) is not--
 ``
            (i) caused by willful misconduct of the 
 employee, as determined by a review conducted 
 by the applicable office of Inspector General;
 ``
            (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 or self-impairment of the 
 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) Child defined.--In this subsection, the term `child' 
 means a child of an employee of any age, including--
 ``
        (A) an adopted child or a stepchild; and
 ``
        (B) a foster child but only if the child lives 
 with the employee in a regular parent-child 
 relationship.
 ``

    (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 
 official Federal Government form 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 any child (or grandchild if the child who is the 
 parent of such grandchild is deceased) such that each 
 such child or grandchild (as the case may be) 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 designated according to the laws 
 of the State in which the insured individual legally 
 resided.
 ``
            (d) Tax Treatment.--A payment under this section shall not be 
includible in the gross income of the recipient for purposes of the 
Internal Revenue Code of 1986.''.

    (2) Repeal of death gratuity payment authority.--

Section 651 of the Treasury, Postal Service, and General Government 
 Appropriations Act, 1997 (5 U.S.C. 8133 note) is repealed.

    (3) Technical and conforming amendments.--
        (A) Subchapter heading.--The heading for subchapter 
 VII of chapter 55 of title 5, United States Code, is 
 amended by striking ``EMPLOYEES'' and inserting 
 ``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''.
        (B) Other conforming changes.--The table of 
 sections for chapter 55 of title 5, United States Code, 
 is amended--
            (i) by striking the item relating to 
 subchapter VII and inserting the following:

 ``subchapter vii--payments to missing persons and payments for 
 disability or death'';

 and
            (ii) by inserting after the item relating 
 to 

section 5570 the following:

``5571. Employee death gratuity payments.''.

    (b) Other Employees.--

    (1) FAA.--

Section 40122

    (g)

    (2) of title 49, United States 
 Code, is amended--
        (A) in subparagraph
            (I) 
            (iii) , by striking ``and'' 
 after the semicolon;
        (B) in subparagraph
        (J) , by striking the period at 
 the end and inserting ``; and''; and
            (C) by inserting after subparagraph
        (J) , the 
 following:
 ``
        (K) section 5571, relating to death gratuities 
 resulting from an injury sustained in the line of 
 duty.''.

    (2) Certain tsa employees.--

Section 111
            (d) (2) of the 
 Aviation and Transportation Security Act (49 U.S.C. 44935 note) 
 is amended by adding at the end the following:
 ``
            (C) Death gratuity.--

Section 5571 of title 5, 
 United States Code, shall apply to any individual 
 appointed under paragraph

    (1) .''.

    (3) VHA employees.--

Section 7425 of title 38, United States 
 Code, is amended by adding at the end the following:
 ``
            (d) Notwithstanding any other provision of this subchapter, the 
Administration shall provide, with respect to individuals appointed to 
any position described in 

section 7421

    (b) who are employed for 
compensation by the Administration, the death gratuity under 

section 5571 of title 5.''.
            (c) Applicability.--The amendments made by subsection

    (a) and

    (b) shall apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 3. FUNERAL EXPENSES.

    (a) In General.--

Section 8134

    (a) of title 5, United States Code, is 
amended--

    (1) by inserting ``

    (1) '' after ``

    (a) '';

    (2) by striking ``$800'' and inserting ``$8,800''; and

    (3) by adding at the end the following:
 ``

    (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.
 ``

    (3) A payment under this subsection shall not be includible in 
the gross income of the recipient for purposes of the Internal Revenue 
Code of 1986.''.

    (b) Applicability.--The amendments made by subsection

    (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 4. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH 
 EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

    (a) In General.--

Section 8102a of title 5, United States Code, is 
amended--

    (1) in subsection

    (a) --
        (A) by striking ``The United States'' and inserting 
 the following:
 ``

    (1) In general.--The United States'';
        (B) in paragraph

    (1) , as so designated, by striking 
 ``up to''; and
            (C) by adding at the end the following:
 ``

    (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.'';

    (2) by striking subsection
            (c) and inserting the following:
 ``
            (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, any compensation otherwise 
payable to an individual under this section in connection with any 
death shall be reduced by any amounts payable to such individual under 
any other program funded in whole or in part by the United States 
(excluding any amount payable under 

section 5569
            (d) ) in connection with 
such death.'';

    (3) in subsection
            (d) , by adding at the end the following:
 ``

    (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.''; and

    (4) by adding at the end the following:
 ``

    (f) Tax Treatment.--A payment under this section shall not be 
includible in the gross income of the recipient for purposes of the 
Internal Revenue Code of 1986.''.

    (b) Applicability.--The amendments made by subsection

    (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 5. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE LINE OF DUTY 
 ABROAD.

    (a) In General.--

Section 413 of the Foreign Service Act of 1980 (22 
U.S.C. 3973) is amended--

    (1) in subsection

    (a) --
        (A) in the first sentence, by striking 
 ``dependents'' and inserting ``beneficiaries''; and
        (B) in the second sentence, by inserting ``, except 
 as provided in subsection

    (e) '' after ``payable from 
 any source'';

    (2) by amending subsection

    (b) to read as follows:
 ``

    (b) 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 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) 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.'';

    (3) by striking ``Guidance.--'' and all that follows 
 through ``pursuant to 

section 207.'' and inserting the 
 following:
 ``
            (c) Guidance.--Not later than 60 days after the date of the 
enactment of the Consolidated Appropriations Act, 2014, the Secretary 
shall, in consultation with the heads of other relevant executive 
agencies, issue guidance with criteria for determining eligibility for, 
and order of payments to, survivors and beneficiaries of any employee 
or of an individual in a special category serving in an uncompensated 
capacity for that agency who dies as a result of injuries sustained in 
the performance of duty while subject to the authority of the chief of 
mission pursuant to 

section 207.'';

    (4) by striking subsection
            (d) ;

    (5) by redesignating subsection

    (e) as subsection

    (f) ;

    (6) by inserting after subsection
            (c) the following new 
 subsections:
 ``
            (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.--Any compensation otherwise payable to an individual 
under this section in connection with any death shall be reduced by any 
amounts payable to such individual under any other program funded in 
whole or in part by the United States (excluding any amount payable 
under 

section 5569
            (d) ) in connection with such death.'';

    (7) in subsection

    (f) , as so redesignated by paragraph

    (5) , 
 by amending paragraph

    (2) to read as follows:
 ``

    (2) the 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.''; and

    (8) by adding at the end the following:
 ``

    (g) Tax Treatment.--A payment under this section shall not be 
includible in the gross income of the recipient for purposes of the 
Internal Revenue Code of 1986.''.

    (b) Applicability.--The amendments made by subsection

    (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 6. ADJUSTMENT OF CERTAIN DEATH GRATUITIES UNDER TITLE 10 OF THE 
 UNITED STATES CODE.

    (a) In General.--

Section 1478 of title 10, United States Code, is 
amended--

    (1) in subsection

    (a) , by inserting after ``$100,000'' the 
 following: ``, 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''; and

    (2) by adding at the end the following:
 ``

    (e) Tax Treatment.--A payment under this section shall not be 
includible in the gross income of the recipient for purposes of the 
Internal Revenue Code of 1986.''.

    (b) Applicability.--The amendments made by subsection

    (a) shall 
apply with respect to any death occurring on or after the date of 
enactment of this Act.

SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

    (a) 

=== Definitions. ===
-In this section--

    (1) the term ``agency'' means an agency that is authorized 
 or required to make a payment under a covered provision; and

    (2) the term ``covered provision'' means--
        (A) section 5571 of title 5, United States Code, as 
 added by 

section 2 of this Act;
        (B) section 8102a of such title, as amended by 
 

section 4 of this Act; or
            (C) section 413 of the Foreign Service Act of 1980 
 (22 U.S.C. 3973), as amended by 

section 5 of this Act.

    (b) Authorization.--If the head of an agency determines, with the 
concurrence of the Director of the Office of Management and Budget, 
that a natural disaster, act of terrorism, or other incident would 
result in costs that would exceed the amounts available to the agency 
to make additional payments under a covered provision--

    (1) there are authorized to be appropriated to the agency 
 such additional sums as may be necessary to make those 
 additional payments; and

    (2) the head of the agency may make such additional 
 payments to the extent additional such additional sums are made 
 available for those purposes.
            (c) Sense of Congress.--It is the sense of Congress that, not later 
than 30 days after the date on which the head of an agency submits to 
Congress a request for supplemental appropriations for the purposes 
described in subsection

    (b) , Congress should take action with respect 
to that request.
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