[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3683 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3683
To amend the Central Intelligence Agency Act of 1949 to provide death
benefits to the survivors of certain individuals, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2019
Mr. Sean Patrick Maloney of New York introduced the following bill;
which was referred to the Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the Central Intelligence Agency Act of 1949 to provide death
benefits to the survivors of certain individuals, 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 ``Gregg Wenzel Clandestine Heroes
Parity Act''.
SEC. 2. DEATH BENEFITS FOR SURVIVORS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) officers of the Central Intelligence Agency who die
during a period of assignment to a duty station in a foreign
country should receive death benefits, regardless of whether
the officers--
(A) were killed in the performance of duty;
(B) were killed due to an act of terrorism; or
(C) have surviving dependents; and
(2) section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) has provided the Agency an appropriate
authority for compensating officers who die abroad who fall
into any gaps in existing death benefit regulations of the
Agency, even before the clarifying amendments made by this Act.
(b) Clarification of Current Authority.--Section 8 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is amended by
inserting before ``rental of'' the following: ``payment of death
benefits in cases in which the circumstances of the death of an
employee of the Agency is not covered by section 11, other similar
provisions of Federal law, or any regulation issued by the Director
providing death benefits, but that the Director determines such payment
appropriate;''.
(c) Improvements to Benefits.--
(1) Requirements.--Section 11 of such Act (50 U.S.C. 3511)
is amended--
(A) in subsection (a)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting before the period at the
end the following: ``, except such adjustments
may not limit or reduce the payments required
by this section''; and
(B) by adding at the end the following new
subsections:
``(c) Payments.--(1) In carrying out subsection (a), the Director
shall pay to the survivor of a deceased covered individual an amount
equal to one year's salary at level II of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) A covered individual may designate one or more persons to
receive all or a portion of the amount payable to a survivor under
paragraph (1). The designation of a person to receive a portion of the
amount shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may receive.
The balance of the amount, if any, shall be paid in accordance with
subsection (f)(2)(B).
``(d) Exception.--The Director may not make a payment under
subsection (a) if the Director determines that the death was by reason
of willful misconduct by the decedent.
``(e) Finality.--Any determination made by the Director under this
section is final and may not be reviewed.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means any of the
following individuals who die during a period of assignment to
a duty station in a foreign country, regardless of whether the
death is the result of injuries sustained while in the
performance of duty:
``(A) An employee of the Agency.
``(B) An employee of an element of the Federal
Government other than the Agency who is detailed or
assigned to the Agency at the time of death.
``(C) An individual affiliated with the Agency, as
determined by the Director.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory
or possession of the United States.
``(3) The term `survivor' means, with respect to the death
of a covered individual--
``(A) a person designated by the covered individual
under subsection (c)(2); or
``(B) if a covered individual does not make such a
designation--
``(i) the surviving spouse of the covered
individual, if any;
``(ii) if there is no surviving spouse, any
surviving children of the covered individual
and the descendants of any deceased children by
representation;
``(iii) if there is none of the above, the
surviving parents of the covered individual or
the survivor of the parents;
``(iv) if there is none of the above, the
duly appointed executor or administrator of the
estate of the covered individual; or
``(v) if there is none of the above, other
next of kin of the covered individual entitled
under the laws of the last State in which the
covered individual was domiciled before the
covered individual's death.''.
(2) Application.--Section 11 of such Act, as amended by
paragraph (1), shall apply with respect to the following:
(A) Deaths occurring during the period beginning on
September 11, 2001, and ending on the day before the
date of the enactment of this Act for which the
Director of the Central Intelligence Agency has not
paid a death benefit to the survivors of the decedent
equal to or greater than the amount specified in
subsection (c)(1) of such section 11, except that the
total of any such death benefits may not exceed such
amount specified in subsection (c)(1) of such section
11.
(B) Deaths occurring on or after the date of the
enactment of this Act.
(3) Effect of current regulations.--In carrying out section
11 of such Act, as amended by paragraph (1), the Director may
not modify the regulations issued under such section in a
manner that limits or reduces the individuals covered by such
regulations as in effect on the day before the date of the
enactment of this Act.
(4) Designations.--Not later than 180 days after the date
of the enactment of this Act, the Director shall--
(A) request all covered individuals (as defined in
section 11 of such Act, as amended by paragraph (1)) to
make a designation under subsection (c)(2) of such
section 11; and
(B) ensure that any new covered individual may make
such a designation at the time at which the individual
becomes a covered individual.
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