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Code · BILL · 119th Congress · H.R. 3317 (Introduced in House) — To provide and expand gratuities for employees killed in the line of duty, and for other purposes. · Sec. 5

Sec. 5. Agency gratuity for deaths sustained in the line of duty abroad

505 words·~2 min read·/bill/119/hr/3317/ih/section-5

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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 beneficiaries ; 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 beneficiaries 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 striking and all that follows through Guidance.— pursuant to section 207. and inserting the following: Not later than 60 days after the date of the enactment of the Consolidated Appropriations Act, 2014, the Secretary shall, in consultation with the heads of other relevant executive agencies, issue guidance with criteria for determining eligibility for, and order of payments to, survivors and beneficiaries of any employee or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained in the performance of duty while subject to the authority of the chief of mission pursuant to section 207. ; by striking subsection (d); by redesignating subsection
(e)as subsection (f); by inserting after subsection
(c)the following new subsections: 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. Any compensation otherwise payable to an individual under this section in connection with any death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569(d)) in connection with such death. ; in subsection (f), as so redesignated by paragraph (5), by amending paragraph
(2)to read as follows: 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. ; and by adding at the end the following: A payment under this section shall not be includible in the gross income of the recipient for purposes of the Internal Revenue Code of 1986. . The amendments made by subsection
(a)shall apply with respect to any death occurring on or after the date of enactment of this Act.
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Sec. 5
Agency gratuity for deaths sustained in the line of duty abroad
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