View all text of Chapter 38 [§ 2651 - § 2739]
§ 2680b. Special rules for certain monthly workers’ compensation payments and other payments for Department of State personnel under chief of mission authority
(a) Adjustment of compensation for certain injuries
(1) IncreaseThe Secretary of State or the head of any other Federal agency may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, and may determine the amount of each monthly monetary benefit amount 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, particularly for purposes of compensating for lost career growth.
(2) Maximum
(b) Costs for treating qualifying injuriesThe Secretary of State may pay the costs of or reimburse for diagnosing and treating—
(1) a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5 or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law.
(c) Information exchange
(d) RegulationsNot later than 120 days after December 20, 2019, the Secretary of State shall—
(1) prescribe regulations ensuring the fair and equitable implementation of this section; and
(2) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations.
(e) DefinitionsIn this section:
(1) Covered dependentThe term “covered dependent” means a family member (as defined by the Secretary of State) of a 1
1 So in original. Probably should be “an”.
employee who, on or after January 1, 2016—(A) accompanies the employee to an assigned duty station in a foreign country under chief of mission authority; and
(B) becomes injured by reason of a qualifying injury.
(2) Covered employee
(3) Covered individualThe term “covered individual” means an individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is—
(A) detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); or
(B) affiliated with the Department of State, as determined by the Secretary of State.
(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 an employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; 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, an injury incurred—
(i) during a period of assignment to a duty station in the Republic of Cuba, the People’s Republic of China, or another country designated by the Secretary of State pursuant to subsection (f);
(ii) in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and
(iii) that was not the result of the willful misconduct of the covered employee or the covered individual.
(f) Designation by the Secretary of State of another foreign country or duty stationThe Secretary of State may designate another foreign country for the purposes of this section, provided that the Secretary reports such designation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and includes in such report a rationale for each such designation. The Secretary of State may not designate an added foreign country or duty station for purposes of providing additional monetary benefit pursuant to subsection (a), (b), or (i) for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State—
(1) provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 30 days’ notice of the designation of a particular additional country or duty station and the rationale for such addition; and
(2) provides no such additional monetary benefit pursuant to subsection (a), (b), or (i) to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days.
(g) Treatment of amounts
(h) Application
(1) Adjustment of compensation provisionSubsections (a) and (b) shall apply with respect to—
(A) payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5 beginning on or after January 1, 2016; and
(B) diagnosis or treatment described in subsection (b) occurring on or after January 1, 2016.
(2) Other payment provision
(3) Rule of construction
(i) Other injuries
(1) DefinitionsIn this subsection:
(A) Covered dependent
(B) Covered employee
(C) Covered individual
(D) Qualifying injury
(2) Authority
(3) Limitations
(A) Appropriations required
(B) Matter of payments
(C) Amounts of payments
(4) Regulations
(A) In general
(B) Elements
(5) No effect on other benefits
(j) Expansion of authorities
(Pub. L. 116–94, div. J, title IX, § 901, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 116–283, div. A, title XI, § 1110, Jan. 1, 2021, 134 Stat. 3892; Pub. L. 117–46, § 3(b), Oct. 8, 2021, 135 Stat. 394; Pub. L. 117–103, div. X, title VI, § 603(b), Mar. 15, 2022, 136 Stat. 995; Pub. L. 117–263, div. I, title XCII, § 9216, Dec. 23, 2022, 136 Stat. 3877.)