Sec. 6. Agency gratuity for deaths sustained in the performance of duty abroad
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Section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ) is amended— in subsection (a)— in the first sentence, by striking dependents and inserting beneficiary ; and in the second sentence, by inserting , except as provided in subsection
(e)after payable from any source ; by amending subsection
(b)to read as follows: 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 beneficiary of— 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 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. ; by amending subsection
(d)to read as follows: chapter 81 of title 5, United States Code A death gratuity payment may 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. ; by redesignating subsection
(e)as subsection (g); by inserting after subsection
(d)the following: For deaths occurring on or after the date of enactment of this subsection, 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. A payment under this section shall not be considered gross income of a surviving beneficiary under section 61 of the Internal Revenue Code of 1986. ; and in subsection (g), as so redesignated, by amending paragraph
(2)to read as follows: the term surviving beneficiary means the person identified under the order of precedence established under section 5571(d)(2) of title 5, United States Code. .
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Sec. 6
Agency gratuity for deaths sustained in the performance of duty abroad
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