50 U.S. Code § 3519b - Special rules for certain individuals injured by reason of war, insurgency, hostile act, terrorist activities, or incidents designated by the Director

(a) Definitions

In this section:

(1) Covered dependent

The term “covered dependent” means a family member (as defined by the Director) of a covered employee who, on or after September 11, 2001—

(A) accompanies the covered employee to an assigned duty station in a foreign country; and

(B) becomes injured by reason of a qualifying injury.

(2) Covered employee

The term “covered employee” means an officer or employee of the Central Intelligence Agency who, on or after September 11, 2001, becomes injured by reason of a qualifying injury.

(3) Covered individual

The term “covered individual” means an individual who—

(A)

(i) is detailed to the Central Intelligence Agency from other agencies of the United States Government or from the Armed Forces; or

(ii) is affiliated with the Central Intelligence Agency, as determined by the Director; and

(B) who, on or after September 11, 2001, becomes injured by reason of a qualifying injury.

(4) Qualifying injury

The term “qualifying injury” means the following:

(A) With respect to a covered dependent, an injury incurred—

(i) during a period in which the covered dependent is accompanying the covered employee to an assigned duty station in a foreign country;

(ii) in connection with war, insurgency, hostile act, terrorist activity, or an incident designated for purposes of this section by the Director; and

(iii) that was not the result of the willful misconduct of the covered dependent.

(B) With respect to a covered employee or a covered individual—

(i) an injury incurred—

(I) during a period of assignment to a duty station in a foreign country;

(II) in connection with war, insurgency, hostile act, or terrorist activity; and

(III) that was not the result of the willful misconduct of the covered employee or the covered individual; or

(ii) an injury incurred—

(I) in connection with an incident designated for purposes of this section by the Director; and

(II) that was not the result of the willful misconduct of the covered employee or the covered individual.

(b) Adjustment of compensation for total disability resulting from certain injuries

(1) Increase

The Director may increase the amount of monthly compensation paid to a covered employee under section 8105 of title 5. Subject to paragraph (2), the Director may determine the amount of each such increase by taking into account—

(A) the severity of the qualifying injury;

(B) the circumstances by which the covered employee became injured; and

(C) the seniority of the covered employee.

(2) Maximum

Notwithstanding chapter 81 of title 5, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of such title.

(c) Costs for treating qualifying injuries

The Director may pay the costs of treating a qualifying injury of a covered employee, a covered individual, or a covered dependent, or may reimburse a covered employee, a covered individual, or a covered dependent for such costs, that are not otherwise covered by chapter 81 of title 5, or other provision of Federal law.

(d) Authority to make payments for qualifying injuries to the brain

(1) Definitions

In this subsection:

(A) Covered dependent

The term “covered dependent” has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.

(B) Qualifying injury

The term “qualifying injury” has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.

(2) Authority

Notwithstanding any other provision of law but subject to paragraph (3), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain.

(3) Limitations

(A) Appropriations required

Payment under paragraph (2) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.

(B) Matter of payments

Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.

(C) Amounts of payments

The total amount of funding obligated for payments under paragraph (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.

(4) Regulations

(A) In general

The Director shall prescribe regulations to carry out this subsection.

(B) Elements

The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2).

(5) No effect on other benefits

Payments made under paragraph (2) are supplemental to any other benefit furnished by the United States Government for which a covered dependent, covered employee, or covered individual is entitled, and the receipt of such payments may not affect the eligibility of such a person to any other benefit furnished by the United States Government.

(June 20, 1949, ch. 227, § 19A, as added Pub. L. 116–92, div. E, title LXIV, § 6412(a), Dec. 20, 2019, 133 Stat. 2197; amended Pub. L. 117–46, § 2(b), (f), Oct. 8, 2021, 135 Stat. 391, 393; Pub. L. 117–103, div. X, title VI, § 603(a), Mar. 15, 2022, 136 Stat. 995.)

Editorial Notes

Amendments

2022—Subsec. (d)(5). Pub. L. 117–103 added par. (5).

2021—Subsec. (b). Pub. L. 117–46, § 2(f), inserted “total disability resulting from” before “certain injuries” in heading.

Subsec. (d). Pub. L. 117–46, § 2(b), added subsec. (d).

Statutory Notes and Related Subsidiaries

Applicability

Pub. L. 117–46, § 2(c), Oct. 8, 2021, 135 Stat. 392, provided that:

“Payment under subsection (d) of such section [meaning 50 U.S.C. 3519b(d)], as added by subsection (b) of this section, may be made available for a qualifying injury to the brain that occurs before, on, or after the date of the enactment of this Act [Oct. 8, 2021] as the Director of the Central Intelligence Agency considers appropriate.”

[For definition of “qualifying injury” as used in section 2(c) of Pub. L. 117–46, set out above, see section 2(a) of Pub. L. 117–46, set out below.]

Pub. L. 116–92, div. E, title LXIV, § 6412(c), Dec. 20, 2019, 133 Stat. 2198, provided that:

“Section 19A of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3519b], as added by subsection (a), shall apply with respect to—

“(1) payments made to covered employees (as defined in such section) under section 8105 of title 5, United States Code, beginning on or after the date of the enactment of this Act [Dec. 20, 2019]; and

“(2) treatment described in subsection (b) of such section 19A occurring on or after the date of the enactment of this Act.”

Regulations

Pub. L. 117–46, § 2(e), Oct. 8, 2021, 135 Stat. 393, provided that:

“(1) In general.—

Not later than 180 days after the date of the enactment of this Act [Oct. 8, 2021], the Director shall prescribe regulations required under section 19A(d)(4)(A) of such Act [meaning act June 20, 1949, 50 U.S.C. 3519b(d)(4)(A)], as added by subsection (b) of this section.

“(2) Notice to congress.—

Not later than 210 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).”

[For definition of “appropriate congressional committees” as used in section 2(e) of Pub. L. 117–46, set out above, see section 2(a) of Pub. L. 117–46, set out below.]

Pub. L. 116–92, div. E, title LXIV, § 6412(b), Dec. 20, 2019, 133 Stat. 2198, provided that:

“Not later than 120 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of the Central Intelligence Agency shall—

“(1) prescribe regulations ensuring the fair and equitable implementation of section 19A of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3519b], as added by subsection (a); and

“(2) submit to the congressional intelligence committees such regulations.”

[For definition of “congressional intelligence committees” as used in section 6412(b) of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]

Definitions

Pub. L. 117–46, § 2(a), Oct. 8, 2021, 135 Stat. 391, provided that:

“(a) Definitions.—

In this section [amending this section and enacting provisions set out as notes above]:

“(1) Appropriate congressional committees.—

The term ‘appropriate congressional committees’ mean—

“(A) the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));

“(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and

“(C) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.

“(2) Covered dependent.—

The term ‘covered dependent’ has the meaning given such term in subsection (d)(1) of section 19 [probably should be “19A”] of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519) [50 U.S.C. 3519b], as added by subsection (b).

“(3) Covered employee.—

The term ‘covered employee’ has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).

“(4) Covered individual.—

The term ‘covered individual’ has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).

“(5) Qualifying injury.—

The term ‘qualifying injury’ has the meaning given such term in subsection (d)(1) of section 19 [probably should be “19A”] of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519) [50 U.S.C. 3519b], as added by subsection (b).”