[Pages S5238-S5239]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3463. Mr. FETTERMAN submitted an amendment intended to be proposed 
by him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     Subtitle H--Honoring Civil Servants Killed in the Line of Duty

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Honoring Civil Servants 
     Killed in the Line of Duty Act''.

     SEC. 1092. 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 in subparagraph (D) 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 Personal Consumption 
     Expenditures Price Index 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.''.
       (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.--The table of 
     sections for chapter 55 of title 5, United States Code, is 
     amended--
       (A) 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

       (B) by inserting after the item relating to section 5570 
     the following:

``5571. Employee death gratuity payments.''.
       (4) Additional technical and conforming amendment.--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) Amendment to Title 49.--Section 40122(g)(2) of title 
     49, United States Code, is amended--
       (1) in subparagraph (I)(iii), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (J) the following:
       ``(K) section 5571, relating to death gratuities resulting 
     from an injury sustained in the line of duty.''.

     SEC. 1093. 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.''.
       (b) Applicability.--The amendment made by subsection (a)(2) 
     shall apply with respect to any death occurring on or after 
     the date of enactment of this Act.

     SEC. 1094. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION 
                   WITH EMPLOYEE'S SERVICE WITH AN ARMED FORCE.

       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 Personal Consumption Expenditures Price Index 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, 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.''; 
     and
       (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

[[Page S5239]]

     payment under this section, the payment shall be paid to the 
     personal representative of the person's estate.''.

     SEC. 1095. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE LINE 
                   OF DUTY ABROAD.

       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 subsection (d);
       (4) by inserting after subsection (c) the following:
       ``(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.'';
       (5) by redesignating subsection (e) as subsection (f);
       (6) by inserting after subsection (d), as added by 
     paragraph (4), the following:
       ``(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.''; and
       (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.''.

     SEC. 1096. EMERGENCY SUPPLEMENTAL AUTHORIZATION.

       (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 1092 of this Act;
       (B) section 8102a of title 5, United States Code, as 
     amended by section 1094 of this Act; or
       (C) section 413 of the Foreign Service Act of 1980 (22 
     U.S.C. 3973), as amended by section 1095 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 results in the inability of the 
     agency to make additional payments under a covered 
     provision--
       (1) there are authorized to be appropriated to the agency 
     such sums as may be necessary to make those additional 
     payments; and
       (2) the head of the agency may make those additional 
     payments only to the extent additional amounts 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.

     SEC. 1097. REPORTING REQUIREMENTS.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``agency'' 
     has the meaning given the term in section 5561 of title 5, 
     United States Code.
       (2) Requirement.--If the head of an agency makes a death 
     gratuity payment under section 5571 of title 5, United States 
     Code, as added by section 1092 of this Act, the agency head 
     shall, not later than 15 business days after the date on 
     which the agency head makes that payment, submit to the 
     Comptroller General of the United States a notification 
     regarding that payment.
       (b) GAO Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Government 
     Reform of the House of Representatives a report regarding the 
     aggregate amount of death gratuities paid under section 5571 
     of title 5, United States Code, as added by section 1092 of 
     this Act, during the year covered by the report.
       (c) Audit.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) perform an audit regarding death gratuities paid under 
     section 5571 of title 5, United States Code, as added by 
     section 1092 of this Act;
       (2) as part of the audit performed under paragraph (1), 
     determine the frequency with which future audits of the 
     payments described in that paragraph shall occur; and
       (3) submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Accountability of the House of Representatives 
     the results of the audit performed under paragraph (1).
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