Sec. 2. Defense Base Act amendments relating to death benefits
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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.
Benefits found to be due under this section shall be paid from the compensation fund established pursuant to section 8147 of title 5, United States Code. 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. .
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