50 USC 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
Terms Used In 50 USC 3519b
- Agency: means the Central Intelligence Agency. See 50 USC 3501
- Dependent: A person dependent for support upon another.
- Director: means the Director of the Central Intelligence Agency. See 50 USC 3501
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
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.