IN THE SENATE OF THE UNITED STATES
December 8, 2015
Mr. Markey (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Defense Base Act to require death benefits to be paid to a deceased employee’s designated beneficiary or next of kin in the case of death resulting from a war-risk hazard or act of terrorism occurring on or after September 11, 2001.
This Act may be cited as the
Glen Anthony Doherty Overseas Security Personnel Fairness Act.
Defense Base Act amendment relating to death benefits
The Defense Base Act (42 U.S.C. 1651 et seq.) is amended by adding at the end the following new section:
In the case of a person covered by this Act who dies as a result of a war-risk hazard or act of terrorism, if there is no person eligible for a death benefit of the deceased under section 9 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 909), then the benefits provided under section 9(b) of such Act to a widow or widower of the deceased shall be paid—
to a beneficiary designated by the deceased; or
if there is no designated beneficiary, to the next of kin or the estate of the deceased under applicable State law.
Payment of benefits
Benefits found to be due under this section shall be paid from the compensation fund established by section 8147 of title 5, United States Code.
War-Risk hazard defined
In this section, the term
war-risk hazard has the meaning provided in section 201(b) of the War Hazards Compensation Act (42 U.S.C. 1711(b)).
The death benefit payable under this section shall apply with respect to deaths occurring on or after September 11, 2001.