50 U.S.C. § 3519b (WAR AND NATIONAL DEFENSE)
§ 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) 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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (d)(3). Pub. L. 118–31, § 7801, added par. (3) and struck out former par. (3). Prior to amendment, text read as follows:
“(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.”
Subsec. (d)(5). Pub. L. 118–31, § 7802(a), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
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).
heading: Statutory Notes and Related Subsidiaries
heading: Applicability
text: 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.”
heading: Regulations
text: Pub. L. 118–31, div. G, title VIII, § 7802(b), Dec. 22, 2023, 137 Stat. 1103, provided that:
“Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of the Central Intelligence Agency shall—
“(1) revise applicable regulations to conform with the amendment made by subsection (a) [amending this section]; and
“(2) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).”
[For definition of “congressional intelligence committees” as used in section 7802(b) of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
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.]
heading: Intelligence Community Implementation of Havana Act of 2021 Authorities
text: Pub. L. 118–31, div. G, title VIII, § 7803, Dec. 22, 2023, 137 Stat. 1103, provided that:
“(a) Regulations.—
Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], each head of an element of the intelligence community that has not already done so shall—
“(1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and
“(2) submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations.
“(b) Reporting.—
Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on—
“(1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1);
“(2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and
“(3) any perceived barriers or concerns in implementing such authorities.
“(c) Alternative Reporting.—
Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 7803 of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
heading: Definitions
text: 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).”