II 

112TH CONGRESS 

1ST SESSION S. 1493 

To provide compensation to relatives of Foreign Service members killed in 

the line of duty and the relatives of United States citizens who were 

killed as a result of the bombing of the United States Embassy in 

Kenya on August 7, 1998, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Ms. MIKULSKI (for herself and Mr. BLUNT) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide compensation to relatives of Foreign Service 

members killed in the line of duty and the relatives 

of United States citizens who were killed as a result 

of the bombing of the United States Embassy in Kenya 

on August 7, 1998, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Service Line 

5 of Duty Death Gratuity Act of 2011’’. 


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•S 1493 IS

1 SEC. 2. DEATH GRATUITY. 

2 Subsection (a) of section 413 of the Foreign Service 

3 Act of 1980 (22 U.S.C. 3973) is amended, in the first 

4 sentence, by inserting ‘‘or $100,000, whichever is greater’’ 

5 after ‘‘one year’s salary at the time of death’’. 

6 SEC. 3. INCREASED GROUP LIFE INSURANCE BENEFITS AP7 PLICABLE TO THOSE KILLED IN THE LINE OF 

8 DUTY. 

9 (a) IN GENERAL.—Chapter 4 of the Foreign Service 

10 Act of 1980 (22 U.S.C. 3961 et seq.) is amended by add11 ing at the end the following new section: 

12 ‘‘SEC. 415. INCREASED GROUP LIFE INSURANCE BENEFITS 

13 APPLICABLE TO THOSE KILLED IN THE LINE 

14 OF DUTY. 

15 ‘‘Notwithstanding the amounts specified in chapter 

16 87 of title 5, United States Code, a Foreign Service em17 ployee or Government executive branch employee who is 

18 subject to the authority of the chief of mission pursuant 

19 to section 207 and is killed in a location designated as 

20 a danger pay post, as determined by the Secretary, shall 

21 be deemed to be insured under such chapter for $400,000 

22 if such amount is greater than the amount for which such 

23 employee is otherwise insured under such chapter.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 in section 2 of the Foreign Service Act of 1980 is amended 


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1 by inserting after the item relating to section 414 the fol2 lowing new item: 

‘‘Sec. 415. Increased group life insurance benefits applicable to those killed in 

the line of duty.’’. 

3 SEC. 4. REQUIREMENT TO PROVIDE COMPENSATION. 

4 (a) COMPENSATION REQUIREMENT.— 

5 (1) IN GENERAL.— 

6 (A) REQUIREMENT.—Notwithstanding the 

7 amount specified in subsection (a) of section 

8 413 of the Foreign Service Act of 1980, as 

9 amended by section 2 of this Act, the Secretary 

10 of State shall provide a death gratuity payment 

11 under such section in the amount specified in 

12 paragraph (2) of this subsection to the sur13 viving dependents of a Foreign Service em14 ployee or a Government executive branch em15 ployee subject to the authority of the chief of 

16 mission pursuant to section 207 of the Foreign 

17 Service Act of 1980 (22 U.S.C. 3927), or to an 

18 individual otherwise serving at a United States 

19 diplomatic or consular mission abroad without a 

20 regular salary, who was killed in the August 7, 

21 1998, bombing of the United States Embassy 

22 in Nairobi, Kenya. 

23 (B) DEADLINES.—Subject to available ap24 propriations, the Secretary of State— 


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1 (i) shall make a partial payment of 

2 the death gratuity payment to eligible indi3 viduals not later than 180 days after the 

4 date of the enactment of this Act; and 

5 (ii) is authorized to make additional 

6 partial payments, as appropriations become 

7 available, until the compensation level re8 quired under paragraph (2) has been satis9 fied. 

10 (C) MINIMUM PAYMENT.—The amount of 

11 the payment under subparagraph (B)(i) shall be 

12 equal to or greater than the $4,000,000 pre13 viously appropriated for such purpose by title I 

14 of the Department of State, Foreign Oper15 ations, and Related Programs Appropriations 

16 Act, 2008 (division J of Public Law 110–161; 

17 121 Stat. 2277) under the heading ‘‘DIPLO18 MATIC AND CONSULAR PROGRAMS’’. 

19 (2) COMPENSATION LEVEL.— 

20 (A) SALARY MULTIPLE.—A payment pur21 suant to paragraph (1) of a death gratuity pay22 ment under section 413 of the Foreign Service 

23 Act of 1980 shall be in an amount equal to ten 

24 times the salary specified in subparagraph (B). 


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1 (B) CALCULATION OF SALARY.—For pur2 poses of this paragraph, the salary of an indi3 vidual used to determine payments under such 

4 section shall be $94,000. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary of State 

7 such sums as may be necessary for purposes of making 

8 payments under this section, including amounts appro9 priated by title I of the Department of State, Foreign Op10 erations, and Related Programs Appropriations Act, 2008 

11 (division J of Public Law 110–161; 121 Stat. 2277) under 

12 the heading ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’. 

Æ 


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