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

submitted 77 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 860 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes special compensation and payment of treatment costs for certain CIA employees, affiliated individuals, and dependents injured in specified circumstances. It also authorizes payments for qualifying brain injuries and protects those payments from reducing other government benefits.

(a) Definitions. This section does not define “family member,” “willful misconduct,” “war,” “insurgency,” “hostile act,” “terrorist activity,” “foreign country,” or “assigned duty station.” It defines these terms: (1) “Covered dependent” means a family member (as defined by the Director) of a covered employee who, on or after September 11, 2001, both accompanies the employee to an assigned duty station in a foreign country and becomes injured because of a qualifying injury. (2) “Covered employee” means a CIA officer or employee who, on or after September 11, 2001, becomes injured because of a qualifying injury. (3) “Covered individual” means a person who either (i) is detailed to the CIA from another United States Government agency or the Armed Forces, or (ii) is affiliated with the CIA as the Director determines, and who, on or after September 11, 2001, becomes injured because of a qualifying injury. (4) “Qualifying injury” means: (A) For a covered dependent, an injury incurred during the period when the dependent accompanies the covered employee to an assigned duty station in a foreign country, connected with war, insurgency, a hostile act, terrorist activity, or an incident the Director designates for this section, and not caused by the dependent’s willful misconduct. (B) For a covered employee or covered individual, either (i) an injury incurred during an assignment to a duty station in a foreign country, connected with war, insurgency, a hostile act, or terrorist activity, and not caused by that person’s willful misconduct; or (ii) an injury connected with an incident the Director designates for this section and not caused by that person’s willful misconduct. (b) Adjustment of compensation for total disability from certain injuries. (1) The Director may increase the monthly compensation paid to a covered employee under 5 U.S.C. § 8105. The Director may set each increase, subject to paragraph (2), by considering the qualifying injury’s severity, how the employee was injured, and the employee’s seniority. (2) Despite chapter 81 of title 5, the increased monthly compensation may not exceed the monthly pay for the maximum basic-pay rate for GS–15 of the General Schedule under 5 U.S.C. § 5332. (c) Treatment costs. The Director may pay, or reimburse the covered employee, covered individual, or covered dependent for, treatment costs for a qualifying injury that are not otherwise covered by chapter 81 of title 5 or another federal law. (d) Payments for qualifying brain injuries. (1) In this subsection, “covered dependent” and “qualifying injury” have the meanings in subsection (a), except that the assigned duty station need not be in a foreign country. (2) Despite any other law, but subject to paragraph (3), the Director may pay a covered dependent, covered employee, or covered individual for a qualifying brain injury. (3)(A) In a fiscal year, these payments may use funds specifically appropriated for them or funds reprogrammed under 50 U.S.C. § 3094. (B) Each year, the Director must include in the President’s budget-justification materials submitted under 31 U.S.C. § 1105(a) an estimate of the funds needed that year for these payments. (4)(A) The Director must issue regulations carrying out this subsection. (B) They must state fair and equitable payment criteria. (5)(A) These payments supplement every other United States Government benefit to which the person is entitled, and receiving them cannot affect eligibility for another such benefit. (B) Without regard to subsections (b) and (c), a covered employee need not first seek chapter 81 benefits to qualify solely for a payment authorized by paragraph (2).
the actual law source: uscode.house.gov ↗public domain
(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) Funding
(A) In general

Payment 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1949Enacted · Pub. L. 116-92 · 133 Stat. 2197
  • 2021Amended · Pub. L. 117-46 · 135 Stat. 391, 393
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 995
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 1102

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 1949-06-20.

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