S. 2078

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Introduced in Senate (IS)]

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119th CONGRESS
1st Session
S. 2078

To amend title 5, United States Code, to increase death gratuities and 
funeral allowances for Federal employees, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 12, 2025

Mr. Fetterman (for himself, Mr. Hagerty, Mr. Padilla, and Mr. Hawley) 
introduced the following bill; which was read twice and referred to the 
Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

A BILL

To amend title 5, United States Code, to increase death gratuities and 
funeral allowances for Federal employees, 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 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. 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.''.
(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. 4. 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 
payment under this section, the payment shall be paid to the 
personal representative of the person's estate.''.

SEC. 5. 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. 6. 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 2 of this Act;
(B) section 8102a of title 5, United States Code, 
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 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. 7. 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 2 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 2 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 2 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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