[House Report 111-274]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-274
======================================================================
FBI FAMILIES OF FALLEN HEROES ACT
_______
September 29, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Towns, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2711]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom was
referred the bill (H.R. 2711) to amend title 5, United States
Code, to provide for the transportation of the dependents,
remains, and effects of certain Federal employees who die while
performing official duties or as a result of the performance of
official duties, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Legislative History.............................................. 2
Section-By-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Constitutional Authority Statement............................... 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 4
Earmark Identification........................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendments (stated in terms of the page and line numbers
of the introduced bill) are as follows:
Page 2, line 21, strike ``continental''.
Page 3, line 19, insert ``and'' after the semicolon.
Page 3, line 24, strike ``; and'' and insert the following:
``.'.''.
Page 4, strike lines 1-2.
Purpose and Summary
H.R. 2711, the ``FBI Families of Fallen Heroes Act,'' was
introduced by Congressman Mike Rogers (R-MI), Oversight and
Government Reform Committee Chairman Edolphus Towns (D-NY), and
8 additional original co-sponsors on June 4, 2009. H.R. 2711
would amend section 5724 of title 5, U.S.C., to provide the
Attorney General or a designee with the authority to pay the
moving and relocation expenses for the family of a Federal
Bureau of Investigation (FBI) employee if the employee dies
while performing official duties or as a result of the
performance of official duties.
Background and Need for Legislation
H.R. 2711, the FBI Families of Fallen Heroes Act, provides
the Attorney General or a designee with the authority to pay
certain moving and relocation expenses for the family of an FBI
employee if the employee is killed in the line of duty. FBI
employees, particularly agents, police officers, and other
employees who directly support field investigations, may be
required to move their families throughout their careers. If
the employee dies while performing his or her duties, the
family may find itself far from other family members,
supportive neighbors and friends, religious communities, and
other support systems. Congress has authorized Federal agencies
to pay the moving or relocation expenses for an employee's
family in a number of circumstances, including in the case of
an employee who dies while performing official duties outside
the continental United States (pursuant to 5 U.S.C. Sec. 5742).
However, under current law, the government is not authorized to
pay for moving and relocation of an employee's family if the
death occurs in the United States.
Specific statutory authority is needed to authorize payment
of moving and relocation expenses in the event of a tragic and
untimely death of an FBI employee that occurs in the United
States. For instance, Special Agent Sam Hicks, 33, was assigned
to the Pittsburgh FBI office and was fatally shot on November
19, 2008, while executing a federal search warrant associated
with a drug distribution ring. He was survived by his wife and
2-year-old son. Special Agent Hicks was a former police officer
with the Baltimore Police Department. He and his family
relocated to Pittsburgh when he became an Agent. The Bureau was
unable to assist the Hicks family in moving back to Baltimore.
The authority provided in H.R. 2711 is necessary to allow the
Bureau to assist families like the Hicks' in a time of need.
Legislative History
The Oversight and Government Reform Committee held a markup
of H.R. 2711 on September 10, 2009, and ordered the bill, as
amended, to be reported by voice vote.
Similar authority for the Justice Department to pay moving
and relocation expenses for families of FBI employees was
passed by the House of Representatives on June 18, 2009, as
section 534 of the Commerce, Justice, Science, and Related
Agencies Appropriations bill for the fiscal year 2010.
Section-by-Section
Sec.1. Short title
The short title of the bill is the FBI Families of Fallen
Heroes Act.
Sec.2. Transportation of dependents, remains, and effects of certain
Federal employees
This section would amend Subchapter II of chapter 57 of
title 5, United States Code, by providing the Attorney General
or a designee with the authority to pay the qualified expenses
for the family of an employee of the FBI, if the employee dies
while performing official duties or as a result of the
performance of official duties. Qualified expenses include the
moving expenses, transportation expenses, and relocation
expenses of the family which are attributable to a change in
the place of residence after the death of an employee. The
Attorney General or a designee is also authorized to pay the
expenses of preparing and transporting the remains of the
deceased employee.
Subsection (c) defines moving expenses to include the
expenses of transporting, packing, crating, temporarily
storing, draying, and unpacking the household goods and
personal effects of such family, not in excess of 18,000 pounds
net weight. Relocation expenses have the same meaning given
such term under regulations prescribed by the General Services
Administration under section 5738 of title 5.
Explanation of Amendments
Rep. Jason Chaffetz offered an amendment to the bill, which
was adopted by voice vote. The amendment will allow the
Attorney General or a designee to pay moving and relocation
expenses for a family if the family moves or relocates outside
the continental United States.
Committee Consideration
On Thursday, September 10, 2009, the Committee met in open
session and favorably ordered H.R. 2711, as amended, to be
reported to the House by a voice vote.
Rollcall Votes
No rollcall votes were taken.
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 terms and conditions of
employment or access to public services and accommodations.
H.R. 2711 amends title 5 of the United States Code to
provide the Attorney General or a designee to pay the moving
and relocation expenses for the family of an employee of the
FBI if the employee is killed in the line of duty. This bill
does not relate to employment or access to public services and
accommodations in the legislative branch.
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, including
the need to provide the Attorney General or a designee with the
authority to pay moving and relocation expenses for the family
of an FBI employee, if the employee is killed in the United
States.
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, including the need to provide the Attorney
General or a designee with the authority to pay moving and
relocation expenses for FBI families to better serve these
families in a time of need.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 2711. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
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 Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, Public Law 104-4) requires a statement on
whether the provisions of the report 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. 2711 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) 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. 2711. 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. 2711 from the Director of
the Congressional Budget Office:
September 25, 2009.
Hon. Edolphus Towns,
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. 2711, the FBI
Families of Fallen Heroes Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 2711--FBI Families of Fallen Heroes Act
CBO estimates that implementing H.R. 2711 would have no
significant cost to the federal government. Enacting the bill
would not affect direct spending or revenues. H.R. 2711
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
H.R. 2711 would authorize the Department of Justice to use
appropriated funds to pay certain relocation expenses for the
families of Federal Bureau of Investigation (FBI) employees who
have died as a result of performing official duties. Since
1986, 17 FBI agents have died under such circumstances. Based
on this information CBO expects that no more than one family
per year, on average, would be affected by the provisions of
H.R. 2711.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
Sec.
5701. Definitions.
* * * * * * *
SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,
STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
* * * * * * *
5724d. Transportation of dependents, remains, and effects of certain
Federal employees.
* * * * * * *
SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES,
STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
* * * * * * *
Sec. 5724d. Transportation of dependents, remains, and effects of
certain Federal employees
(a) In General.--Under regulations prescribed under section
5738 and to the extent that the Attorney General (or a
designee) authorizes or approves, if an employee of the Federal
Bureau of Investigation dies while performing official duties
or as a result of the performance of official duties, the
Department of Justice may pay from Government funds--
(1) the qualified expenses of the immediate family of
the employee, if the place where the family will reside
following the death of the employee is--
(A) different from the place where the family
resided at the time of the employee's death;
and
(B) within the United States; and
(2) the expenses of preparing and transporting the
remains of the deceased to--
(A) the place where the immediate family will
reside following the death of the employee; or
(B) such other place, appropriate for
interment, as is determined by the Attorney
General (or designee).
(b) Qualified Expenses.--For purposes of this section, the
term ``qualified expenses'', as used with respect to a family
changing its place of residence, means the moving expenses,
transportation expenses, and relocation expenses of the family
which are attributable to the change in place of residence.
(c) Definitions.--For purposes of this section--
(1) the term ``moving expenses'', as used with
respect to a family, includes the expenses of
transporting, packing, crating, temporarily storing,
draying, and unpacking the household goods and personal
effects of such family, not in excess of 18,000 pounds
net weight; and
(2) the term ``relocation expenses'' has the meaning
given such term under regulations prescribed under
section 5738, including relocation expenses and
relocation services described in sections 5724a and
5724c, respectively.
* * * * * * *