II 112th CONGRESS 1st Session S. 1493 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.

Short title

This Act may be cited as the Foreign Service Line of Duty Death Gratuity Act of 2011.

2.

Death gratuity

Subsection (a) of section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended, in the first sentence, by inserting or $100,000, whichever is greater after one year's salary at the time of death.

3.

Increased group life insurance benefits applicable to those killed in the line of duty

(a)

In general

Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following new section:

415.

Increased group life insurance benefits applicable to those killed in the line of duty

Notwithstanding the amounts specified in chapter 87 of title 5, United States Code, a Foreign Service employee or Government executive branch employee who is subject to the authority of the chief of mission pursuant to section 207 and is killed in a location designated as a danger pay post, as determined by the Secretary, shall be deemed to be insured under such chapter for $400,000 if such amount is greater than the amount for which such employee is otherwise insured under such chapter.

. (b)

Clerical amendment

The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following new item: Sec. 415. Increased group life insurance benefits applicable to those killed in the line of duty. .

4.

Requirement to provide compensation

(a)

Compensation requirement

(1)

In general

(A)

Requirement

Notwithstanding the amount specified in subsection (a) of section 413 of the Foreign Service Act of 1980, as amended by section 2 of this Act, the Secretary of State shall provide a death gratuity payment under such section in the amount specified in paragraph (2) of this subsection to the surviving dependents of a Foreign Service employee or a Government executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), or to an individual otherwise serving at a United States diplomatic or consular mission abroad without a regular salary, who was killed in the August 7, 1998, bombing of the United States Embassy in Nairobi, Kenya. (B)

Deadlines

Subject to available appropriations, the Secretary of State— (i)shall make a partial payment of the death gratuity payment to eligible individuals not later than 180 days after the date of the enactment of this Act; and (ii)is authorized to make additional partial payments, as appropriations become available, until the compensation level required under paragraph (2) has been satisfied. (C)

Minimum payment

The amount of the payment under subparagraph (B)(i) shall be equal to or greater than the $4,000,000 previously appropriated for such purpose by title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110–161; 121 Stat. 2277) under the heading diplomatic and consular programs. (2)

Compensation level

(A)

Salary multiple

A payment pursuant to paragraph (1) of a death gratuity payment under section 413 of the Foreign Service Act of 1980 shall be in an amount equal to ten times the salary specified in subparagraph (B). (B)

Calculation of salary

For purposes of this paragraph, the salary of an individual used to determine payments under such section shall be $94,000. (b)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of State such sums as may be necessary for purposes of making payments under this section, including amounts appropriated by title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110–161; 121 Stat. 2277) under the heading diplomatic and consular programs.