50 USC 3519 - Special rules for certain individuals injured by reason of war, insurgency, hostile act, terrorist activities, or incidents designated by the Director

View all text of Chapter 46 [§ 3501 - § 3533]

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

(a) DefinitionsIn this section:

(1) Covered dependentThe 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 individualThe 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 injuryThe 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) IncreaseThe 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

(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.

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) DefinitionsIn 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) Funding

(A) In generalPayment under paragraph (2) in a fiscal year may be made using any funds—

(i) appropriated specifically for payments under such paragraph; or

(ii) reprogrammed in accordance with section 3094 of this title.

(B) Budget

For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31 an estimate of the funds required in that fiscal year to make payments under paragraph (2).

(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

(A) In general

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.

(B) Relation to certain Federal workers compensation laws

Without regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 of title 5 to be eligible solely for payment authorized under paragraph (2) of this subsection.

(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; Pub. L. 118–31, div. G, title VIII, §§ 7801, 7802(a), Dec. 22, 2023, 137 Stat. 1102.)