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: 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..