22 U.S.C. § 3975 — Group life insurance supplement applica-

Page 1452 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3974 (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 pay- ment under subsection (c) is entitled to elect monthly compensation under section 8133 of title 5, because the death resulted from an in- jury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such sur- vivor 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 or- ganization 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. (Pub. L. 96–465, title I, § 413, Oct. 17, 1980, 94 Stat. 2092; Pub. L. 113–76, div. K, title VII, § 7082(a), Jan. 17, 2014, 128 Stat. 565.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–76, § 7082(a)(1), sub- stituted ‘‘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’’. Subsec. (b). Pub. L. 113–76, § 7082(a)(2), (3), added sub- sec. (b) and redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (e). Subsec. (c). Pub. L. 113–76, § 7082(a)(4), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘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, wid- ower, or child. ‘‘If there is no survivor entitled to payment under this subsection, no payment shall be made.’’ Subsecs. (d), (e). Pub. L. 113–76, § 7082(a)(2), redesig- nated subsecs. (b) and (d) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT 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 mis- sion 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 ter- rorism, as defined in section 140(d) of the Foreign Rela- tions Authorization Act, Fiscal Years 1998 and 1999 [probably means ‘‘1988 and 1989’’] (22 U.S.C. 2656f(d)).’’ § 3974. Border equalization pay adjustment (a) In general An employee who regularly commutes from the employee’s place of residence in the conti- nental United States to an official duty station in Canada or Mexico shall receive a border equalization pay adjustment equal to the amount of comparability payments under sec- tion 5304 of title 5 that the employee would re- ceive if the employee were assigned to an offi- cial duty station within the United States local- ity pay area closest to the employee’s official duty station. (b) Employee defined For purposes of this section, the term ‘‘em- ployee’’ means a person who— (1) is an ‘‘employee’’ as defined under section 2105 of title 5; and (2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Com- mission of the United States and Canada (es- tablished under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in section 3903 of this title). (c) Treatment as basic pay An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which com- parability payments are considered to be part of basic pay under section 5304 of title 5. (d) Regulations The heads of the agencies referred to in sub- section (b)(2) may prescribe regulations to carry out this section. (Pub. L. 96–465, title I, § 414, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 333(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–439.) § 3975. Group life insurance supplement applica- ble to those killed in terrorist attacks (a) Foreign Service employees (1) In general Notwithstanding the amounts specified in chapter 87 of title 5, a Foreign Service em- ployee who dies as a result of injuries sus- tained while on duty abroad because of an act of terrorism, as defined in section 2656f(d) of this title, shall be eligible for a special pay- ment of $400,000, which shall be in addition to any employer provided life insurance policy coverage. In the case of an employee com- pensated under a local compensation plan es- tablished under section 3968 of this title, 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 oth- erwise 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. Page 1453 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3981 (b) Other executive agencies The head of an executive agency shall provide the additional payment authorized by this sec- tion, consistent with the provisions set forth in subsection (a), with respect to any employee of that agency or of an individual in a special cat- egory serving in an uncompensated capacity for that agency who dies as a result of injuries sus- tained while on duty abroad because of an act of terrorism, as defined in section 2656f(d) of this title, while subject to the authority of the chief of mission pursuant to section 3927 of this title. (Pub. L. 96–465, title I, § 415, as added Pub. L. 113–76, div. K, title VII, § 7082(b)(1), Jan. 17, 2014, 128 Stat. 565; amended Pub. L. 114–113, div. K, title VII, § 7034(d)(5)(A), Dec. 18, 2015, 129 Stat. 2763; Pub. L. 115–31, div. J, title VII, § 7034(k)(8), May 5, 2017, 131 Stat. 651.) Editorial Notes REFERENCES IN TEXT Section 2656f(d) of this title, referred to in subsecs. (a)(1) and (b), was in the original ‘‘section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999’’, and was translated as meaning ‘‘section 140(d) of the Foreign Relations Authorization Act, Fis- cal Years 1988 and 1989’’, to reflect the probable intent of Congress. AMENDMENTS 2017—Subsec. (a)(1). Pub. L. 115–31, which directed amendment by adding ‘‘The group life insurance sup- plement 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 el- igible under Federal law.’’ in par. (1) without specifying a particular location, was executed by inserting the amendment at the end of par. (1) to reflect the probable intent of Congress. 2015—Subsec. (a)(1). Pub. L. 114–113 substituted ‘‘a special payment of $400,000, which shall be in addition to any employer provided life insurance policy cov- erage’’ for ‘‘a payment from the United States in an amount that, when added to the amount of the employ- ee’s employer-provided group life insurance policy cov- erage (if any), equals $400,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 3973 of this title. APPLICABILITY Pub. L. 114–113, div. K, title VII, § 7034(d)(5)(B), Dec. 18, 2015, 129 Stat. 2763, provided that: ‘‘The insurance benefit under section 415 of the Foreign Service Act of 1980 (22 U.S.C. 3975), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad be- cause of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.’’ § 3976. Survivors’ and dependents’ educational assistance (a) Foreign Service employees The Secretary shall, pursuant to guidance issued under section 3973(c) of this title, provide educational assistance to a beneficiary of any United States national Foreign Service em- ployee who dies while on duty abroad as a result of an act of terrorism, as defined in section 2656f(d) of this title, to meet, in whole or in part, the expenses incurred by the beneficiary in pur- suing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other edu- cational costs. (b) Other executive agencies The head of an executive agency shall, pursu- ant to guidance issued under section 3973(c) of this title provide educational assistance author- ized by this section to a beneficiary of any em- ployee of that agency who dies as a result of an act of terrorism or terrorism, as defined in sec- tion 2656f(d) of this title, while on duty abroad and subject to the authority of the chief of mis- sion pursuant to section 3927 of this title. (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, as adjusted by sec- tion 3564 of title 38, and for an aggregate period not in excess of 48 months. (d) Program of education and educational insti- tution defined For purposes of this section, the terms ‘‘pro- gram of education’’ and ‘‘educational institu- tion’’ have the meanings given the terms in sec- tion 3501 of title 38. (Pub. L. 96–465, title I, § 416, as added Pub. L. 113–76, div. K, title VII, § 7082(b)(1), Jan. 17, 2014, 128 Stat. 566.) Editorial Notes REFERENCES IN TEXT Section 2656f(d) of this title, referred to in subsecs. (a) and (b), was in the original ‘‘section 140(d) of the For- eign Relations Authorization Act, Fiscal Years 1998 and 1999’’, and was translated as meaning ‘‘section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989’’, to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 3973 of this title. SUBCHAPTER V—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS § 3981. Authority of Secretary The Secretary shall designate and classify po- sitions in the Department and at Foreign Serv-