22 U.S.C. § 2680b: Special rules for certain monthly workers’ compensation payments and other payments for Department of State personnel under chief of mission authority

the severity of the qualifying injury; the circumstances by which the covered employee became injured; and the seniority of the covered employee, particularly for purposes of compensating for lost career growth. 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. 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 a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law. To avoid duplicate or otherwise improper payments under this subsection, the Secretary of Labor, the Secretary of State, and, as appropriate, the head of any other Federal agency paying benefits under this section shall exchange information about the amounts paid for treatment of qualifying injuries. prescribe regulations ensuring the fair and equitable implementation of this section; and submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations. accompanies the employee to an assigned duty station in a foreign country under chief of mission authority; and becomes injured by reason of a qualifying injury. The term “covered employee” means an employee of the Federal Government who, on or after September 11, 2001 , becomes injured by reason of a qualifying injury and was assigned 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), but does not include an individual receiving compensation under section 3519b of title 50 . 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 affiliated with the Department of State, as determined by the Secretary of State. 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); in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and that was not the result of the willful misconduct of the covered dependent. 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); in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and that was not the result of the willful misconduct of the covered employee or the covered individual. 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 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. For purposes of section 104 of title 26 , amounts paid pursuant to this section shall be treated as amounts described in subsection (a)(5) of such section. payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5 beginning on or after September 11, 2001 ; and diagnosis or treatment described in subsection (b) occurring on or after September 11, 2001 . Payment under subsection (i) may be made available for a qualifying injury (as defined in such subsection) that occurs before, on, or after October 8, 2021 . Nothing in this section shall limit, modify, or otherwise supersede chapter 81 of title 5, the Defense Base Act ( 42 U.S.C. 1651 et seq.), or section 3519b of title 50 . Monetary benefits and treatment expenses paid under this section shall not be considered payments under any workers’ compensation law. Payments under subsections (a) and (b) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year. Payments under subsections (a) and (b) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. The total amount of funding obligated for payments under subsections (a) and (b) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. The term “covered dependent” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country. The term “covered employee” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country. The term “covered individual” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country. The term “qualifying injury” has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign country. Notwithstanding any other provision of law but subject to paragraph (3), the Secretary of State or other agency head with an employee may provide payment to a covered dependent, a dependent of a former employee, a covered employee, a former employee, and a covered individual for a qualifying injury to the brain. 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. Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. 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. The Secretary or other agency head described in paragraph (2) that provides payment under such paragraph shall prescribe regulations to carry out this subsection. The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2). Payments made under paragraph (2) are supplemental to any other benefit furnished by the United States Government for which a covered dependent, dependent of a former employee, covered employee, former 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. The head of any Federal agency may exercise the authorities of this section, including to designate an incident, whether the incident occurred in the United States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 4802 of this title or when operational control of overseas security responsibility for such employees or dependents has been delegated to the head of the agency. Not later than 180 days after the date of the enactment of this Act [ Oct. 8, 2021 ], the Secretary of State and each other agency head that makes a payment under subsection (i)(2) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b) of this section, shall prescribe regulations required under subsection (i)(4)(A) of such Act. Not later than 210 days after the date of the enactment of this Act, the Secretary of State and the agency heads described in paragraph (1) shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).” the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. The term ‘covered dependent’ has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b). The term ‘covered employee’ has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b). The term ‘covered individual’ has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b). The term ‘qualifying injury’ has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b).”