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S. 2078IntroducedSenate · nowHousePresidentLawIn committee
Sec. 5 · S. 2078

Agency gratuity for deaths sustained in the line of duty abroad

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Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended— (1) in subsection (a)— (A) in the first sentence, by striking dependents and inserting beneficiaries; and (B) in the second sentence, by inserting, except as provided in subsection (e) after payable from any source; (2) by amending subsection (b) to read as follows: (b) Executive agencies The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiaries of— (1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or (2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad.; (3) by striking subsection (d); (4) by inserting after subsection (c) the following: (d) Eligibility under chapter 81 of title 5, United States Code A death gratuity payment shall be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code.; (5) by redesignating subsection (e) as subsection (f); (6) by inserting after subsection (d), as added by paragraph (4), the following: (e) Offset For deaths occurring on or after the date of enactment of the Honoring Civil Servants Killed in the Line of Duty Act, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death.; and (7) in subsection (f), as so redesignated by paragraph (5), by amending paragraph (2) to read as follows: (2) the term surviving beneficiaries means the person or persons identified pursuant to the order of precedence established under section 5571(c)(2) of title 5, United States Code..