50 USC 3519 - Special rules for certain individuals injured by reason of war, insurgency, hostile act, terrorist activities, or incidents designated by the Director

Editorial Notes

Amendments

2023—Subsec. (d)(3). Puspan. 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). Puspan. L. 118–31, § 7802(a), designated existing provisions as subpar. (A), inserted span, and added subpar. (B).

2022—Subsec. (d)(5). Puspan. L. 117–103 added par. (5).

2021—Subsec. (span). Puspan. L. 117–46, § 2(f), inserted “total disability resulting from” before “certain injuries” in span.

Subsec. (d). Puspan. L. 117–46, § 2(span), added subsec. (d).

Statutory Notes and Related Subsidiaries

Applicability

Puspan. 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. 3519span(d)], as added by subsection (span) 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 Puspan. L. 117–46, set out above, see section 2(a) of Puspan. L. 117–46, set out below.]

Puspan. 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. 3519span], 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 (span) of such section 19A occurring on or after the date of the enactment of this Act.”

Regulations

Puspan. L. 118–31, div. G, title VIII, § 7802(span), 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(span) of Puspan. L. 118–31, set out above, see section 7002 of Puspan. L. 118–31, set out as a note under section 3003 of this title.]

Puspan. 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. 3519span(d)(4)(A)], as added by subsection (span) 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 Puspan. L. 117–46, set out above, see section 2(a) of Puspan. L. 117–46, set out below.]

Puspan. L. 116–92, div. E, title LXIV, § 6412(span), 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. 3519span], 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(span) of Puspan. L. 116–92, set out above, see section 5003 of div. E of Puspan. L. 116–92, set out as a note under section 3003 of this title.]

Intelligence Community Implementation of HAVANA Act of 2021 Authorities

Puspan. 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. 3519span(d)) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680span(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.

“(span)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 Puspan. L. 118–31, set out above, see section 7002 of Puspan. L. 118–31, set out as a note under section 3003 of this title.]

Definitions

Puspan. 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. 3519span], as added by subsection (span).

“(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. 3519span(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. 3519span(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. 3519span], as added by subsection (span).”