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To amend the Central Intelligence Agency Act of 1949 to authorize the provision of compensation to personnel of the Central Intelligence Agency who incur disabilities resulting from certain injuries to the brain, to authorize the provision of compensation to personnel of the Department of State who incur similar disabilities, and for other purposes.

S. 4973 · 116th Congress · Dec 8, 2020 · Lineage

A BILL

1. Authority to compensate personnel of Central Intelligence Agency for disabilities resulting from certain injuries to the brain

(a)
Definitions— In this section:
(1)
Congressional intelligence committees— The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2)
Covered dependent, covered employee, covered individual, and qualifying injury— The terms covered dependent, covered employee, covered individual, and qualifying injury have the meanings given such terms in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).
(b)
Compensation authorized— Section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b) is amended by adding at the end the following:

“(d) Authority To compensate for disabilities resulting from qualifying injuries to the brain—Notwithstanding any other provision of law, the Director may provide compensation to a covered dependent, a covered employee, and a covered individual who has a partial or total disability—

“(1) resulting from a qualifying injury to the brain; and

“(2) for which the covered dependent, covered employee, or covered individual is not entitled to receive monthly compensation under section 8105 or 8106 of title 5, United States Code.”

(c)
Applicability— Subsection (d) of such section, as added by subsection (b) of this section, shall apply with respect to a disability resulting from a qualifying injury that occurs before, on, or after the date of the enactment of this Act.
(d)
Report—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the use of the authority provided by section 19A(d) of such Act, as added by subsection (b) of this section.
(2)
Contents— The report submitted under paragraph (1) shall include the following:
(A)
A budget for the use of the authority described in paragraph (1).
(B)
Information relating to the use of the authority described in paragraph (1).
(C)
An assessment of whether any other legislative or administrative action is required to ensure that covered dependents, covered employees, and covered individuals can receive compensation for any disability resulting from a qualifying injury, such as a qualifying injury to the back or heart.
(3)
Classified annex— The report submitted under paragraph (1) shall include a classified annex that includes the budget and information included under subparagraphs (A) and (B) of paragraph (2).
(e)
Clarifying amendment— Section 19A(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(b)) is amended, in the subsection heading, by inserting “total disability resulting from” before “certain injuries”.

2. Authority to compensate personnel of Department of State for disabilities resulting from certain injuries to the brain

Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended—
(1)
by redesignating subsections (c) through (h) as subsections (d) through (i), respectively;
(2)
by inserting after subsection (b) the following new subsection:

“(c) Other injuries

“(1) In general—Notwithstanding any other provision of law, the Secretary of State or other agency head with an employee abroad under Chief of Mission authority may provide compensation to a covered dependent, a covered employee, and a covered individual who has a partial or total disability—

“(A) resulting from a qualifying injury to the brain; and

“(B) for which the covered dependent, covered employee, or covered individual is not entitled to receive monthly compensation under section 8105 or 8106 of title 5, United States Code.

“(2) Report—Not later than 180 days after the date of the enactment of this subsection, the Secretary of State or other agency head with an employee abroad under Chief of Mission authority shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House a report on the use of the authority provided by this subsection. The report shall include an assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive compensation for any disability resulting from a qualifying injury, such as a qualifying injury to the back or neck.”

(3)
in subsection (f), as redesignated by paragraph (1)—
(A)
by striking “subsection (f)” each place it appears and inserting “subsection (g)”;
(B)
in paragraph (1), by striking “of a employee” and inserting “of an employee or former employee”; and
(C)
in paragraph (2), by striking “means an employee” and inserting “means an employee or former employee”;
(4)
in subsection (g), as redesignated by paragraph (1), by striking “subsection (a) or (b)” both places it appears and inserting “subsection (a), (b), or (c)”; and
(5)
in subsection (i), as redesignated by paragraph (1)—
(A)
in paragraph (1), by striking “In general.—This section” and inserting “Adjustment of compensation provision.—Subsections (a) and (b)”;
(B)
by redesignating paragraph (2) as paragraph (3); and
(C)
by inserting after paragraph (1) the following new paragraph:

“(2) Other compensation provision—Subsection (c) shall apply with respect to a disability resulting from a qualifying injury that occurs before, on, or after the date of the enactment of such subsection.”