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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-149

======================================================================



 
                CIVILIAN SERVICE RECOGNITION ACT OF 2011

                                _______
                                

 July 18, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2061]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 2061) to authorize the presentation 
of a United States flag at the funeral of Federal civilian 
employees who are killed while performing official duties or 
because of their status as a Federal employee, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill as Reported.............     6

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Civilian Service Recognition Act of 
2011''.

SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL 
                    CIVILIAN EMPLOYEES WHO DIE OF INJURIES IN 
                    CONNECTION WITH THEIR EMPLOYMENT.

  (a) Presentation Authorized.--Upon receipt of a request under 
subsection (b), the head of an executive agency may pay the expenses 
incident to the presentation of a flag of the United States for an 
individual who--
          (1) was an employee of the agency; and
          (2) dies of injuries incurred in connection with such 
        individual's employment with the Federal government.
  (b) Request for Flag.--The head of an executive agency may furnish a 
flag for a deceased employee described in subsection (a) upon the 
request of--
          (1) the employee's next of kin; or
          (2) if no request is received from the next of kin, an 
        individual other than the next of kin as determined by the 
        Director of the Office of Personnel Management.
  (c) Classified Information.--The head of an executive agency may 
disclose information necessary to show that a deceased individual is an 
employee described in subsection (a) to the extent that such 
information is not classified and to the extent that such disclosure 
does not endanger the national security of the United States.
  (d) Employee Notification of Flag Benefit.--The head of an executive 
agency shall provide appropriate notice to employees of the agency of 
the flag benefit provided for under this section.
  (e) Regulations.--The Director of the Office of Personnel Management, 
in coordination with the Secretary of Defense and the Secretary of 
Homeland Security, may prescribe regulations to implement this section. 
Any such regulations shall provide for the head of an executive agency 
to consider the conditions and circumstances surrounding the death of 
an employee and nature of the service of the employee.
  (f) Definitions.--In this section:
          (1) Employee.--The term ``employee'' has the meaning given 
        that term in section 2105 of title 5, United States Code, and 
        includes--
                  (A) individuals who perform volunteer services at the 
                discretion of the head of an executive agency; and
                  (B) an officer or employee of the United States 
                Postal Service or of the Postal Regulatory Commission.
          (2) Executive agency.--The term ``executive agency'' has the 
        meaning given that term in section 105 of title 5, United 
        States Code, and includes the United States Postal Service and 
        the Postal Regulatory Commission.

  Amend the title so as to read:

      A bill to authorize the presentation of a United States flag on 
behalf of Federal civilian employees who die of injuries in connection 
with their employment.

                     COMMITTEE STATEMENT AND VIEWS

Purpose and Summary

    The Federal Government's unique mission places some Federal 
civilian employees in dangerous situations. Sadly, nearly 3,000 
Federal civilian workers have died on the job since 1992.\1\ 
For those civilian employees who make the ultimate sacrifice in 
the course of service to their country, the Civilian Service 
Recognition Act of 2011 authorizes presentation of a United 
States flag as a way for the Nation to formally express 
sympathy and gratitude.
---------------------------------------------------------------------------
    \1\U.S. Office of Personnel Management, Office of Congressional 
Relations, June 22, 2011.
---------------------------------------------------------------------------

Background and Need for Legislation

    Many civilian employees are veterans and thus eligible for 
military funeral honors, which include presentment of a United 
States flag.\2\ Federal civilian employees who die of injuries 
in connection with their service with an armed force in a 
contingency operation are eligible to receive a United States 
flag.\3\ While the Federal Government honors the sacrifice of 
its public servants who lose their lives in connection with our 
armed forces, it lacks a policy authorizing the presentment of 
a United States flag to the families of civilian employees 
serving elsewhere who lose their lives as a result of their 
employment. As U.S. Office of Personnel Management Director 
John Berry stated at the 2009 Excellence in Government 
conference, ``Just as we owe our men and women who die in 
uniform more than we can ever repay, we owe these non-combatant 
workers a debt of honor as well, and I challenge anyone to say 
their lives are less dear.''\4\
---------------------------------------------------------------------------
    \2\10 U.S.C. Sec. 1491.
    \3\10 U.S.C. Sec. 1482a.
    \4\U.S. Office of Personnel Management, Director John Berry, A New 
Day for the Civil Service, Available at http://blogs.govexec.com/
fedblog/2009/07/john_berrys_speech_at_excellen.php. (Last visited June 
24, 2011).
---------------------------------------------------------------------------
    Accordingly, H.R. 2061 authorizes agency heads to provide 
for the presentation of a United States flag to the next of kin 
of Federal civilian employees who lose their lives as a result 
of injuries in connection with their status as a Federal 
employee. Presentation of a United States flag is an 
appropriate way to honor Federal employees' contributions to 
the American public. The Committee believes these individuals 
are no less deserving of our respect than members of our armed 
forces.

Legislative History

    In 1993, Congress gave armed service secretaries authority 
to pay expenses incident to the death of a Federal civilian 
employee whose death results from injuries in connection with 
their service with an armed force in a contingency operation. 
Expenses include presentation of a United States flag to the 
next of kin of the employee.\5\
---------------------------------------------------------------------------
    \5\P.L. 103-160, Sec. 368(a), November 30, 1993, 107 Stat. 1633.
---------------------------------------------------------------------------

                           SECTION-BY-SECTION

Section 1. Short title

    The short title of the bill is the ``Civilian Service 
Recognition Act of 2011''.

Section 2. Presentation of United States flag on behalf of Federal 
        civilian employees who die of injuries in connection with their 
        employment

    Federal civilian employees who die of injuries in 
connection with their employment are eligible for a United 
States flag. Agency heads may furnish a flag and pay expenses 
incident to the presentation of the flag upon request of the 
deceased employee's next of kin or another individual as 
determined by the Director of the Office of Personnel 
Management.
    Agency heads shall inform employees of their eligibility 
for this benefit.
    The Director of the Office of Personnel Management may 
prescribe regulations, in coordination with the Secretaries of 
Defense and Homeland Security. Such regulations shall require 
agency heads to consider the conditions and circumstances of 
the employee's death and nature of their service.

                       EXPLANATION OF AMENDMENTS

    Chairman Issa offered an amendment in the nature of a 
substitute making a number of changes designed to facilitate 
implementation of the legislation. The amendment modifies the 
definition of eligibility to include an employee who dies of 
injuries incurred in connection with their status as a Federal 
employee, and to cover postal employees. The amendment provides 
agencies discretion in the presentation of the flag by 
authorizing agencies to pay for the expenses incident to such 
presentation. The amendment clarifies those eligible to request 
a flag, and grants the Director of the Office of Personnel 
Management authority to promulgate regulations in coordination 
with the Secretaries of the Departments of Defense and Homeland 
Security. Regulatory coordination will ensure appropriate 
benefits for employees also eligible for presentation of a flag 
under 10 U.S.C. Sec. 1482a. The amendment was agreed to by 
voice vote.

                        COMMITTEE CONSIDERATION

    On June 22, 2011, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2061, as amended, by 
voice vote, a quorum being present.

                            ROLL CALL VOTES

    No recorded votes were taken during the consideration of 
H.R. 2061.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill authorizes heads of executive branch agencies to 
provide for the presentation of a United States flag to the 
next of kin of Federal civilian employees who lose their lives 
as a result of injuries in connection with their status as a 
Federal employee. Legislative branch agencies are not 
authorized by this bill to provide for the presentation of a 
flag to the next of kin of legislative branch employees who 
lose their lives in connection with their status as a Federal 
employee.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       UNFUNDED MANDATE STATEMENT

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         EARMARK IDENTIFICATION

    H.R. 2061 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of Rule XXI.

                           COMMITTEE ESTIMATE

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2061. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2061 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 2011.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2061, the Civilian 
Service Recognition Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                        Robert A. Sunshine.
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 2061--Civilian Service Recognition Act of 2011

    H.R. 2061 would authorize federal agencies to present a 
United States flag to the families of federal civilian 
employees who are killed while performing official duties or 
because of their status as a federal employee. The bill would 
require the Office of Personnel Management, in coordination 
with the Departments of Defense and Homeland Security, to 
develop regulations to implement the legislation.
    Based on the current cost to the government of obtaining 
and presenting flags, and the small number of likely recipients 
in any given year, CBO estimates that implementing H.R. 2061 
would have no significant impact on the federal budget.
    Enacting the bill could affect direct spending by agencies 
not funded through annual appropriations, such as the Tennessee 
Valley Authority and the Bonneville Power Administration; 
therefore, pay-as-you-go procedures apply. CBO estimates, 
however, that any net increase in spending by those agencies 
would not be significant. Enacting H.R. 2061 would not affect 
revenues.
    H.R. 2061 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

          CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED

    There were no changes in existing law made by H.R. 2061.