§ 3973. Death gratuities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 413 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 3973

   Pub. L. 96–465, title I, § 413, Oct. 17, 1980, 94 Stat. 2092

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 413, Oct. 17, 1980, 94 Stat. 2092

   Enacted provision · exact public law section
   Sec. 413. Death Gratuity.— (a) The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year’s salary at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source. (b) A death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection (c) is entitled to elect monthly compensation under section 8133 of title 5, United States Code, because the death resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such survivor elects to waive compensation under such section 8133. (c) A death gratuity payment under this section shall be made as follows: (1) First, to the widow or widower. (2) Second, to the child, or children in equal shares, if there is no widow or widower. (3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child. If there is no survivor entitled to payment under this subsection, no payment shall be made. (d) As used in this section— (1) the term “Foreign Service employee” means any member of the Service or United States representative to an international organization or commission; and (2) each of the terms “widow”, “widower”, “child”, and “parent” shall have the same meaning given each such term by section 8101 of title 5, United States Code.

2. 2014

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014

   Pub. L. 113–76 § 7082(a)(1) · 128 Stat. 5

   Substituted · 22 U.S.C. § 3973(a)

   Pub. L. 113–76, § 7082(a)(1), substituted “at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 3968 of this title the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death” for “at the time of death”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–76, § 7082(a)(1), substituted “at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 3968 of this title the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death” for “at the time of death”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “at the time of death” and inserting “at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 408 the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death”;

   Effective date note
   Pub. L. 113–76, div. K, title VII, § 7082(c), Jan. 17, 2014, 128 Stat. 567, provided that: “Notwithstanding any other provision of law, sections 413, 415, and 416 of the Foreign Service Act of 1980 [22 U.S.C. 3973, 3975, 3976], as amended or added by this section, shall apply in the case of a Foreign Service employee or executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act (22 U.S.C. 3927), serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries sustained in an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 [probably means “1988 and 1989”] (22 U.S.C. 2656f(d)).”

3. 2014

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014

   Pub. L. 113–76 § 7082(a)(2) · 128 Stat. 5

   1. Added · 22 U.S.C. § 3973(b)

      Pub. L. 113–76, § 7082(a)(2), (3), added subsec. (b)

   2. Redesignated · 22 U.S.C. § 3973(b)

      Pub. L. 113–76, § 7082(a)(2), (3), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–76, § 7082(a)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) and (d) as subsections (d) and (e) respectively;

   Effective date note
   Pub. L. 113–76, div. K, title VII, § 7082(c), Jan. 17, 2014, 128 Stat. 567, provided that: “Notwithstanding any other provision of law, sections 413, 415, and 416 of the Foreign Service Act of 1980 [22 U.S.C. 3973, 3975, 3976], as amended or added by this section, shall apply in the case of a Foreign Service employee or executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act (22 U.S.C. 3927), serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries sustained in an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 [probably means “1988 and 1989”] (22 U.S.C. 2656f(d)).”

4. 2014

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014

   Pub. L. 113–76 § 7082(a)(4) · 128 Stat. 5

   Amended · 22 U.S.C. § 3973(c)

   Pub. L. 113–76, § 7082(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “A death gratuity payment under this section shall be made as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–76, § 7082(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “A death gratuity payment under this section shall be made as follows:

   “(1) First, to the widow or widower. “(2) Second, to the child, or children in equal shares, if there is no widow or widower. “(3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child. “If there is no survivor entitled to payment under this subsection, no payment shall be made.”

   Enacted provision · exact public law section
   (4) by amending subsection (c) to read as follows:   “Guidance.—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.” .

   Effective date note
   Pub. L. 113–76, div. K, title VII, § 7082(c), Jan. 17, 2014, 128 Stat. 567, provided that: “Notwithstanding any other provision of law, sections 413, 415, and 416 of the Foreign Service Act of 1980 [22 U.S.C. 3973, 3975, 3976], as amended or added by this section, shall apply in the case of a Foreign Service employee or executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act (22 U.S.C. 3927), serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries sustained in an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 [probably means “1988 and 1989”] (22 U.S.C. 2656f(d)).”

5. 2014

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014

   Pub. L. 113–76 § 7082(a)(2) · 128 Stat. 5

   Redesignated · 22 U.S.C. § 3973(d); 22 U.S.C. § 3973(e)

   Pub. L. 113–76, § 7082(a)(2), redesignated subsecs. (b) and (d) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 113–76, § 7082(a)(2), redesignated subsecs. (b) and (d) as (d) and (e), respectively.

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) and (d) as subsections (d) and (e) respectively;

   Effective date note
   Pub. L. 113–76, div. K, title VII, § 7082(c), Jan. 17, 2014, 128 Stat. 567, provided that: “Notwithstanding any other provision of law, sections 413, 415, and 416 of the Foreign Service Act of 1980 [22 U.S.C. 3973, 3975, 3976], as amended or added by this section, shall apply in the case of a Foreign Service employee or executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act (22 U.S.C. 3927), serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries sustained in an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 [probably means “1988 and 1989”] (22 U.S.C. 2656f(d)).”

6 of 6 references resolved to an enrolled provision