50 U.S.C. § 3519b — Special rules for certain individuals in-

Page 907 TITLE 50—WAR AND NATIONAL DEFENSE § 3519b Editorial Notes CODIFICATION Section was formerly classified to section 403x of this title prior to editorial reclassification and renumbering as this section, and as a note under section 403–4 of this title prior to editorial transfer to section 403x. Section was enacted as part of the Central Intel- ligence Agency Voluntary Separation Pay Act, and not as part of the Central Intelligence Agency Act of 1949 which comprises this chapter. AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31 inserted ‘‘and’’ at end. 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(d), amended par. (1) generally. Prior to amendment, par. (1) read: ‘‘the term ‘Director’ means the Director of Central In- telligence; and’’. Subsecs. (f) to (h). Pub. L. 108–487, § 401(a), redesig- nated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f), which related to ter- mination of payments under this section. Subsec. (i). Pub. L. 108–487, § 401(b)(1), struck out sub- sec. (i) which related to remittance of funds. 2002—Subsec. (f). Pub. L. 107–306, § 401(1), substituted ‘‘September 30, 2005’’ for ‘‘September 30, 2003’’. Subsec. (i). Pub. L. 107–306, § 401(2), substituted ‘‘2003, 2004, or 2005’’ for ‘‘or 2003’’. 2001—Subsec. (f). Pub. L. 107–108, § 402(1), substituted ‘‘September 30, 2003’’ for ‘‘September 30, 2002’’. Subsec. (i). Pub. L. 107–108, § 402(2), substituted ‘‘2002, or 2003’’ for ‘‘or 2002’’. 1999—Subsec. (f). Pub. L. 106–120, § 402(a), substituted ‘‘September 30, 2002’’ for ‘‘September 30, 1999’’. Subsec. (i). Pub. L. 106–120, § 402(b), substituted ‘‘, 1999, 2000, 2001, or 2002’’ for ‘‘or fiscal year 1999’’. 1996—Subsec. (f). Pub. L. 104–93, § 401(a), substituted ‘‘September 30, 1999’’ for ‘‘September 30, 1997’’. Subsec. (i). Pub. L. 104–293 inserted at end: ‘‘The re- mittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).’’ Pub. L. 104–93, § 401(b), added subsec. (i). 1994—Subsec. (b). Pub. L. 103–226, § 8(b), inserted four sentences at end relating to repayment of separation pay requirement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. POST-EMPLOYMENT RESTRICTIONS Pub. L. 104–293, title IV, § 402, Oct. 11, 1996, 110 Stat. 3468, which authorized the Director of Central Intel- ligence to prescribe regulations requiring each em- ployee of the Central Intelligence Agency designated by the Director for such purpose to sign a written agreement restricting the activities of the employee upon ceasing employment with the Central Intelligence Agency, was repealed by Pub. L. 117–263, div. F, title LXIII, § 6301(f), Dec. 23, 2022, 136 Stat. 3501. § 3519b. Special rules for certain individuals in- jured by reason of war, insurgency, hostile act, terrorist activities, or incidents des- ignated by the Director (a) Definitions In this section: (1) Covered dependent The term ‘‘covered dependent’’ means a fam- ily 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 coun- try; and (B) becomes injured by reason of a quali- fying injury. (2) Covered employee The term ‘‘covered employee’’ means an offi- cer or employee of the Central Intelligence Agency who, on or after September 11, 2001, be- comes injured by reason of a qualifying injury. (3) Covered individual The term ‘‘covered individual’’ means an in- dividual who— (A)(i) is detailed to the Central Intel- ligence Agency from other agencies of the United States Government or from the Armed Forces; or (ii) is affiliated with the Central Intel- ligence Agency, as determined by the Direc- tor; and (B) who, on or after September 11, 2001, be- comes injured by reason of a qualifying in- jury. (4) Qualifying injury The term ‘‘qualifying injury’’ means the fol- lowing: (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 inci- dent designated for purposes of this sec- tion 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, insur- gency, hostile act, or terrorist activity; and (III) that was not the result of the will- ful misconduct of the covered employee or the covered individual; or (ii) an injury incurred— (I) in connection with an incident des- ignated for purposes of this section by the Director; and (II) that was not the result of the will- ful misconduct of the covered employee or the covered individual. (b) Adjustment of compensation for total dis- ability resulting from certain injuries (1) Increase The Director may increase the amount of monthly compensation paid to a covered em- ployee under section 8105 of title 5. Subject to Page 908 TITLE 50—WAR AND NATIONAL DEFENSE § 3519b 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 cov- ered 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 in- creased 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 cov- ered individual, or a covered dependent, or may reimburse a covered employee, a covered indi- vidual, 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 pay- ments under such paragraph; or (ii) reprogrammed in accordance with section 3094 of this title. (B) Budget For each fiscal year, the Director shall in- clude 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 esti- mate 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 subpara- graph (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 re- ceipt of such payments may not affect the eligibility of such a person to any other ben- efit furnished by the United States Govern- ment. (B) Relation to certain Federal workers com- pensation laws Without regard to the requirements in sec- tions (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 sub- section. (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.) Editorial Notes AMENDMENTS 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 pay- ments under such paragraph in such fiscal year. ‘‘(B) MATTER OF PAYMENTS.—Payments under para- graph (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 ex- isting 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). Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 117–46, § 2(c), Oct. 8, 2021, 135 Stat. 392, pro- vided that: ‘‘Payment under subsection (d) of such sec- tion [meaning 50 U.S.C. 3519b(d)], as added by sub- section (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 con- siders appropriate.’’ [For definition of ‘‘qualifying injury’’ as used in sec- tion 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 Page 909 TITLE 50—WAR AND NATIONAL DEFENSE § 3519b Central Intelligence Agency Act of 1949 [50 U.S.C. 3519b], as added by subsection (a), shall apply with re- spect to— ‘‘(1) payments made to covered employees (as de- fined 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 en- actment of this Act.’’ REGULATIONS 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 com- mittees, the Subcommittee on Defense of the Com- mittee on Appropriations of the Senate, and the Sub- committee on Defense of the Committee on Appro- priations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).’’ [For definition of ‘‘congressional intelligence com- mittees’’ 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, pro- vided that: ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Oct. 8, 2021], the Di- rector shall prescribe regulations required under sec- tion 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 Direc- tor shall submit to the appropriate congressional com- mittees the regulations prescribed in accordance with paragraph (1).’’ [For definition of ‘‘appropriate congressional com- mittees’’ 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 Agen- cy shall— ‘‘(1) prescribe regulations ensuring the fair and eq- uitable 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 com- mittees such regulations.’’ [For definition of ‘‘congressional intelligence com- mittees’’ 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.] INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021 AUTHORITIES 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 enact- ment 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 Cen- tral 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 sec- tions, to the degree that such authorities are applica- ble to the head of the element; and ‘‘(2) submit to the congressional intelligence com- mittees, the Committee on Armed Services and the Subcommittee on Defense of the Committee on Ap- propriations 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 ele- ment of the intelligence community shall submit to the congressional intelligence committees, the Com- mittee 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 Appro- priations 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 regu- lations pursuant to subsection (a)(1); and ‘‘(3) any perceived barriers or concerns in imple- menting 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 individ- uals associated with their element, or who are not oth- erwise in position to issue the regulations and proce- dures required by subsection (a)(1) shall provide written and detailed justification to the congressional intel- ligence 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 Rep- resentatives to explain this position.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 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.] DEFINITIONS Pub. L. 117–46, § 2(a), Oct. 8, 2021, 135 Stat. 391, pro- vided that: ‘‘(a) DEFINITIONS.—In this section [amending this sec- tion 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 Appro- priations 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 de- pendent’ has the meaning given such term in sub- section (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 em- ployee’ 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 indi- vidual’ 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 in- jury’ has the meaning given such term in subsection Page 910 TITLE 50—WAR AND NATIONAL DEFENSE § 3520 (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).’’ § 3520. General Counsel of Central Intelligence Agency (a) Appointment There is a General Counsel of the Central In- telligence Agency, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) Chief legal officer The General Counsel is the chief legal officer of the Central Intelligence Agency. (c) Functions The General Counsel of the Central Intel- ligence Agency shall perform such functions as the Director may prescribe. (June 20, 1949, ch. 227, § 20, as added Pub. L. 104–293, title VIII, § 813(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L. 108–458, title I, § 1071(b)(2)(D), Dec. 17, 2004, 118 Stat. 3690.) Editorial Notes CODIFICATION Section was formerly classified to section 403t of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–458 struck out ‘‘of Cen- tral Intelligence’’ after ‘‘Director’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. APPLICABILITY OF APPOINTMENT REQUIREMENTS Pub. L. 104–293, title VIII, § 813(b), Oct. 11, 1996, 110 Stat. 3483, provided that: ‘‘The requirement established by section 20 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3520], as added by subsection (a), for the appointment by the President, by and with the advice and consent of the Senate, of an individual to the posi- tion of General Counsel of the Central Intelligence Agency shall apply as follows: ‘‘(1) To any vacancy in such position that occurs after the date of the enactment of this Act [Oct. 11, 1996]. ‘‘(2) To the incumbent serving in such position on the date of the enactment of this Act as of the date that is six months after such date of enactment, if such incumbent has served in such position continu- ously between such date of enactment and the date that is six months after such date of enactment.’’ § 3521. Central services program (a) In general The Director may carry out a program under which elements of the Agency provide items and services on a reimbursable basis to other ele- ments of the Agency, nonappropriated fund enti- ties or instrumentalities associated or affiliated with the Agency, and other Government agen- cies. The Director shall carry out the program in accordance with the provisions of this sec- tion. (b) Participation of Agency elements (1) In order to carry out the program, the Di- rector shall— (A) designate the elements of the Agency that are to provide items or services under the program (in this section referred to as ‘‘cen- tral service providers’’); (B) specify the items or services to be pro- vided under the program by such providers; (C) assign to such providers for purposes of the program such inventories, equipment, and other assets (including equipment on order) as the Director determines necessary to permit such providers to provide items or services under the program; and (D) authorize such providers to make known their services to the entities specified in sub- section (a) through Government communica- tion channels. (2) The designation of elements and the speci- fication of items and services under paragraph (1) shall be subject to the approval of the Direc- tor of the Office of Management and Budget. (3) The authority in paragraph (1)(D) does not include the authority to distribute gifts or pro- motional items. (c) Central Services Working Capital Fund (1) There is established a fund to be known as the Central Services Working Capital Fund (in this section referred to as the ‘‘Fund’’). The pur- pose of the Fund is to provide sums for activi- ties under the program. (2) There shall be deposited in the Fund the following: (A) Amounts appropriated to the Fund. (B) Amounts credited to the Fund from pay- ments received by central service providers under subsection (e). (C) Fees imposed and collected under sub- section (f)(1). (D) Amounts received in payment for loss or damage to equipment or property of a central service provider as a result of activities under the program. (E) Other receipts from the sale or exchange of equipment, recyclable materials, or prop- erty of a central service provider as a result of activities under the program. (F) Receipts from individuals in reimburse- ment for utility services and meals provided under the program. (G) Receipts from individuals for the rental of property and equipment under the program. (H) Such other amounts as the Director is authorized to deposit in or transfer to the Fund. (3) Amounts in the Fund shall be available, without fiscal year limitation, for the following purposes: (A) To pay the costs of providing items or services under the program. (B) To pay the costs of carrying out activi- ties under subsections (b)(1)(D) and (f)(2).