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

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§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 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.

(June 20, 1949, ch. 227, §19A, as added Pub. L. 116–92, div. E, title LXIV, §6412(a), Dec. 20, 2019, 133 Stat. 2197 .)

Applicability

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. 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.]


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