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22 U.S.C. § 3973 — Death gratuities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria; amount; payment deemed gift** 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 level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim) at the time of death, except that for employees compensated under local compensation plans established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim) 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. 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) Other 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 survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), 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 3927 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim).
**(c) Guidance** Not later than 60 days after
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Stable record: federal_law:legal_authorities:record_usc_74d0b749010cb3684d320669
Source file: Laws/federal/codes/united-states-code/title-22/section-3973-death-gratuities--6032a475c9.md
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Source location: Title 22, Chapter 52, § 3973; chapter-052-foreign-service.md
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**(a) Criteria; amount; payment deemed gift** 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 level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim) at the time of death, except that for employees compensated under local compensation plans established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim) 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. 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) Other 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 survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), 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 3927 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim).
**(c) Guidance** Not later than 60 days after January 17, 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 3927 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim).
**(d) Eligibility to elect monthly compensation as condition to payment** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim), 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.
**(e) Definitions** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as follows—
(A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows—
(A) 20 percent if one was wholly dependent on the employee at the time of death;
(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike.
If there is a widow, widower, child, or de
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8133
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties** Under the direction of the President, the chief of mission to a foreign country—
(1) shall have full responsibility for the direction, coordination, and supervision of all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander); and
(2) shall keep fully and currently informed with respect to all activities and operations of the Government within that country, and shall insure that all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission.
**(b) Duties of agencies with employees in foreign countries** Any executive branch agency having employees in a foreign country shall keep the chief of mission to that country fully and currently informed with respect to all activities and operations of its employees in that country, and shall insure that all of its employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission.
**(c) Promotion of United States goods and services** Each chief of mission to a foreign country shall have as a principal duty the promotion of United States goods and services for export to such country.
**(d) Promotion of United States economic interests** Each chief of mission to a foreign country shall have as a principal duty the promotion of United States economic and commercial interests in such country.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3927
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund**
(1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under [section 3951(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/c/1&num=0&edition=prelim). To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including participation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to United States citizens at a rate which is no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). Any compensation plan established under this section may include provision for (A) leaves of absence with pay for employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in [section 6310 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim), (B) programs for voluntary transfers of such leave and voluntary leave banks, which shall, to the extent practicable, be established in a manner consistent with the provisions of subchapters III and IV, respectively, of chapter 63 of title 5, and (C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to financ
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3968
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense may pay a gratuity to the surviving dependents of any member of the armed forces or of any employee of the Department of Defense—
(1) who—
(A) is assigned to duty with an intelligence component of the Department of Defense and whose identity as such a member or employee is disguised or concealed; or
(B) is within a category of individuals determined by the Secretary of Defense to be engaged in clandestine intelligence activities; and
(2) who after October 14, 1980 dies as a result of injuries (excluding disease) sustained outside the United States and whose death—
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity having a substantial element of risk.
**(b)** Any payment under subsection (a)—
(1) shall be in an amount equal to the amount of the annual basic pay or salary of the member or employee concerned at the time of death;
(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by this chapter or any other Federal law; and
(3) shall be made under the same conditions as apply to payments authorized by section 413 of the Foreign Service Act of 1980 ([22 U.S.C. 3973](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1489
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Funding for periods not in excess of five years; conditions** Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(2) the Secretary of State determines that—
(A) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(C) such a method of contracting will not inhibit small business participation.
**(b) Cancellation of contracts** In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2679a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Foreign Service employees**
(1) **In general** — Notwithstanding the amounts specified in chapter 87 of title 5, a Foreign Service employee who dies as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in [section 2656f(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f/d&num=0&edition=prelim), shall be eligible for a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage. In the case of an employee compensated under a local compensation plan established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim), the amount of such payment shall be determined by regulations implemented by the Secretary of State and shall be no greater than $400,000. The group life insurance supplement employee benefit paid or scheduled to be paid pursuant to this section should not be used to reduce any other payment to which a recipient is otherwise eligible under Federal law.
(2) **Designation of beneficiary** — A payment made under paragraph (1) shall be made in accordance with the guidance issued under [section 3973(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973/c&num=0&edition=prelim).
**(b) Other executive agencies** The head of an executive agency shall provide the additional payment authorized by this section, consistent with the provisions set forth in subsection (a), with respect to any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained while on duty abroad because of an act of terr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3975
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Foreign Service employees** The Secretary shall, pursuant to guidance issued under [section 3973(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973/c&num=0&edition=prelim), provide educational assistance to a beneficiary of any United States national Foreign Service employee who dies while on duty abroad as a result of an act of terrorism, as defined in [section 2656f(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f/d&num=0&edition=prelim), to meet, in whole or in part, the expenses incurred by the beneficiary in pursuing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs.
**(b) Other executive agencies** The head of an executive agency shall, pursuant to guidance issued under [section 3973(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973/c&num=0&edition=prelim) provide educational assistance authorized by this section to a beneficiary of any employee of that agency who dies as a result of an act of terrorism or terrorism, as defined in [section 2656f(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f/d&num=0&edition=prelim), while on duty abroad and subject to the authority of the chief of mission pursuant to [section 3927 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim).
**(c) Amount of assistance** Educational assistance under this section may be made available up to the amounts provided for in [section 3532 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3532&n
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3976
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Death Gratuity Authorized.—** The United States shall pay a death gratuity of up to $100,000 to or for the survivor prescribed by subsection (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the employee’s service with an Armed Force in a contingency operation.
**(b) Retroactive Payment in Certain Cases.—** At the discretion of the Secretary concerned, subsection (a) may apply in the case of an employee who died, on or after October 7, 2001, and before the date of enactment of this section, as a result of injuries incurred in connection with the employee’s service with an Armed Force in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom.
**(c) Relationship to Other Benefits.—** The death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 413 of the Foreign Service Act of 1980, section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, or any other law of the United States based on the same death.
**(d) Eligible Survivors.—**
(1) Subject to paragraph (5), a death gratuity payable upon the death of a person covered by subsection (a) shall be paid to or for the living survivor highest on the following list:
(A) The employee’s surviving spouse.
(B) The employee’s children, as prescribed by paragraph (2), in equal shares.
(C) If designated by the employee, any one or more of the following persons:
(i) The employee’s parents or persons in loco parentis, as prescribed by paragraph (3).
(ii) The employee’s brothers.
(iii) The employee’s sisters.
(D) The employee’s parents or persons in loco parentis,
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8102a
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