Gregg Wenzel Clandestine Heroes Parity Act

I 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 individ- uals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gregg Wenzel Clandes- 4 tine Heroes Parity Act’’. 5 SEC. 2. DEATH BENEFITS FOR SURVIVORS. 6 (a) SENSE OF CONGRESS.—It is the sense of Con- 7 gress that— 8 (1) officers of the Central Intelligence Agency 9 who die during a period of assignment to a duty sta- 10 VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 2 •HR 3683 IH tion in a foreign country should receive death bene- 1 fits, regardless of whether the officers— 2 (A) were killed in the performance of duty; 3 (B) were killed due to an act of terrorism; 4 or 5 (C) have surviving dependents; and 6 (2) section 8 of the Central Intelligence Agency 7 Act of 1949 (50 U.S.C. 3510) has provided the 8 Agency an appropriate authority for compensating 9 officers who die abroad who fall into any gaps in ex- 10 isting death benefit regulations of the Agency, even 11 before the clarifying amendments made by this Act. 12 (b) CLARIFICATION OF CURRENT AUTHORITY.—Sec- 13 tion 8 of the Central Intelligence Agency Act of 1949 (50 14 U.S.C. 3510) is amended by inserting before ‘‘rental of’’ 15 the following: ‘‘payment of death benefits in cases in which 16 the circumstances of the death of an employee of the 17 Agency is not covered by section 11, other similar provi- 18 sions of Federal law, or any regulation issued by the Di- 19 rector providing death benefits, but that the Director de- 20 termines such payment appropriate;’’. 21 (c) IMPROVEMENTS TO BENEFITS.— 22 (1) REQUIREMENTS.—Section 11 of such Act 23 (50 U.S.C. 3511) is amended— 24 (A) in subsection (a)— 25 VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 3 •HR 3683 IH (i) by striking ‘‘may’’ and inserting 1 ‘‘shall’’; and 2 (ii) by inserting before the period at 3 the end the following: ‘‘, except such ad- 4 justments may not limit or reduce the pay- 5 ments required by this section’’; and 6 (B) by adding at the end the following new 7 subsections: 8 ‘‘(c) PAYMENTS.—(1) In carrying out subsection (a), 9 the Director shall pay to the survivor of a deceased cov- 10 ered individual an amount equal to one year’s salary at 11 level II of the Executive Schedule under section 5313 of 12 title 5, United States Code. 13 ‘‘(2) A covered individual may designate one or more 14 persons to receive all or a portion of the amount payable 15 to a survivor under paragraph (1). The designation of a 16 person to receive a portion of the amount shall indicate 17 the percentage of the amount, to be specified only in 10 18 percent increments, that the designated person may re- 19 ceive. The balance of the amount, if any, shall be paid 20 in accordance with subsection (f)(2)(B). 21 ‘‘(d) EXCEPTION.—The Director may not make a 22 payment under subsection (a) if the Director determines 23 that the death was by reason of willful misconduct by the 24 decedent. 25 VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 4 •HR 3683 IH ‘‘(e) FINALITY.—Any determination made by the Di- 1 rector under this section is final and may not be reviewed. 2 ‘‘(f) DEFINITIONS.—In this section: 3 ‘‘(1) The term ‘covered individual’ means any of 4 the following individuals who die during a period of 5 assignment to a duty station in a foreign country, 6 regardless of whether the death is the result of inju- 7 ries sustained while in the performance of duty: 8 ‘‘(A) An employee of the Agency. 9 ‘‘(B) An employee of an element of the 10 Federal Government other than the Agency who 11 is detailed or assigned to the Agency at the 12 time of death. 13 ‘‘(C) An individual affiliated with the 14 Agency, as determined by the Director. 15 ‘‘(2) The term ‘State’ means each of the several 16 States, the District of Columbia, the Commonwealth 17 of Puerto Rico, the Commonwealth of the Northern 18 Mariana Islands, and any territory or possession of 19 the United States. 20 ‘‘(3) The term ‘survivor’ means, with respect to 21 the death of a covered individual— 22 ‘‘(A) a person designated by the covered 23 individual under subsection (c)(2); or 24 VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 5 •HR 3683 IH ‘‘(B) if a covered individual does not make 1 such a designation— 2 ‘‘(i) the surviving spouse of the cov- 3 ered individual, if any; 4 ‘‘(ii) if there is no surviving spouse, 5 any surviving children of the covered indi- 6 vidual and the descendants of any deceased 7 children by representation; 8 ‘‘(iii) if there is none of the above, the 9 surviving parents of the covered individual 10 or the survivor of the parents; 11 ‘‘(iv) if there is none of the above, the 12 duly appointed executor or administrator 13 of the estate of the covered individual; or 14 ‘‘(v) if there is none of the above, 15 other next of kin of the covered individual 16 entitled under the laws of the last State in 17 which the covered individual was domiciled 18 before the covered individual’s death.’’. 19 (2) APPLICATION.—Section 11 of such Act, as 20 amended by paragraph (1), shall apply with respect 21 to the following: 22 (A) Deaths occurring during the period be- 23 ginning on September 11, 2001, and ending on 24 the day before the date of the enactment of this 25 VerDate Sep 11 2014 03:33 Jul 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 6 •HR 3683 IH Act for which the Director of the Central Intel- 1 ligence Agency has not paid a death benefit to 2 the survivors of the decedent equal to or greater 3 than the amount specified in subsection (c)(1) 4 of such section 11, except that the total of any 5 such death benefits may not exceed such 6 amount specified in subsection (c)(1) of such 7 section 11. 8 (B) Deaths occurring on or after the date 9 of the enactment of this Act. 10 (3) EFFECT OF CURRENT REGULATIONS.—In 11 carrying out section 11 of such Act, as amended by 12 paragraph (1), the Director may not modify the reg- 13 ulations issued under such section in a manner that 14 limits or reduces the individuals covered by such reg- 15 ulations as in effect on the day before the date of 16 the enactment of this Act. 17 (4) DESIGNATIONS.—Not later than 180 days 18 after the date of the enactment of this Act, the Di- 19 rector shall— 20 (A) request all covered individuals (as de- 21 fined in section 11 of such Act, as amended by 22 paragraph (1)) to make a designation under 23 subsection (c)(2) of such section 11; and 24 VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS 7 •HR 3683 IH (B) ensure that any new covered individual 1 may make such a designation at the time at 2 which the individual becomes a covered indi- 3 vidual. 4 Æ VerDate Sep 11 2014 23:14 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3683.IH H3683 kjohnson on DSK79L0C42 with BILLS