I 

117TH CONGRESS 

1ST SESSION H. R. 3356 

To amend the Central Intelligence Agency Act of 1949 to authorize the 

provision of payment to personnel of the Central Intelligence Agency 

who incur qualifying injuries to the brain, to authorize the provision 

of payment to personnel of the Department of State who incur similar 

injuries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2021 

Mr. SCHIFF (for himself, Mr. NUNES, and Mr. MEEKS) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Permanent Select Committee on Intelligence, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Central Intelligence Agency Act of 1949 to 

authorize the provision of payment to personnel of the 

Central Intelligence Agency who incur qualifying injuries 

to the brain, to authorize the provision of payment to 

personnel of the Department of State who incur similar 

injuries, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Helping American Vic3 tims Afflicted by Neurological Attacks Act of 2021’’ or 

4 the ‘‘HAVANA Act of 2021’’. 

5 SEC. 2. AUTHORITY TO PAY PERSONNEL OF CENTRAL IN6 TELLIGENCE AGENCY FOR CERTAIN INJU7 RIES TO THE BRAIN. 

8 (a) PAYMENT AUTHORIZED.—Section 19A of the 

9 Central Intelligence Agency Act of 1949 (50 U.S.C. 

10 3519b) is amended by adding at the end the following: 

11 ‘‘(d) AUTHORITY TO MAKE PAYMENTS FOR QUALI12 FYING INJURIES TO THE BRAIN.— 

13 ‘‘(1) AUTHORITY.—Notwithstanding any other 

14 provision of law, but subject to paragraph (2), the 

15 Director may provide payment to a covered depend16 ent, a covered employee, and a covered individual for 

17 a qualifying injury to the brain. 

18 ‘‘(2) LIMITATIONS.— 

19 ‘‘(A) APPROPRIATIONS REQUIRED.—Pay20 ment under paragraph (1) in a fiscal year may 

21 only be made using amounts appropriated in 

22 advance specifically for payments under such 

23 paragraph in such fiscal year. 

24 ‘‘(B) MATTER OF PAYMENTS.—Payments 

25 under paragraph (1) using amounts appro26 priated for such purpose shall be made either in 


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1 the order in which claims for such payments are 

2 filed or on a pro-rata basis. 

3 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 

4 amount of funding obligated for payments 

5 under paragraph (1) may not exceed the 

6 amount specifically appropriated for providing 

7 payments under such paragraph during its pe8 riod of availability. 

9 ‘‘(D) FREQUENCY OF PAYMENTS.—The 

10 Director may make payments under paragraph 

11 (1) in a lump sum payment or through multiple 

12 payments, including, subject to subparagraph 

13 (A), payments occurring in more than one year. 

14 ‘‘(3) REGULATIONS.— 

15 ‘‘(A) IN GENERAL.—The Director shall 

16 prescribe regulations to carry out this sub17 section. 

18 ‘‘(B) ELEMENTS.—The regulations pre19 scribed under subparagraph (A) shall be con20 sistent with this subsection and section 2 of the 

21 HAVANA Act of 2021, and include regulations 

22 detailing fair and equitable criteria for payment 

23 under paragraph (1). 

24 ‘‘(4) NO EFFECT ON OTHER BENEFITS.—Pay25 ments made under paragraph (1) are supplemental 


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1 to any other benefit furnished by the United States 

2 Government for which a covered dependent, covered 

3 employee, or covered individual is entitled, and the 

4 receipt of such payments may not affect the eligi5 bility of such a person to any other benefit furnished 

6 by the United States Government.’’. 

7 (b) APPLICABILITY.—Payment under subsection (d) 

8 of such section, as added by subsection (a) of this section, 

9 may be made available for a qualifying injury to the brain 

10 that occurs before, on, or after the date of the enactment 

11 of this Act, as the Director of the Central Intelligence 

12 Agency considers appropriate. 

13 (c) CLARIFYING AMENDMENT.—Section 19A(b) of 

14 the Central Intelligence Agency Act of 1949 (50 U.S.C. 

15 3519b(b)) is amended, in the subsection heading, by in16 serting ‘‘TOTAL DISABILITY RESULTING FROM’’ before 

17 ‘‘CERTAIN INJURIES’’. 

18 (d) REPORTS.— 

19 (1) REPORT ON USE OF AUTHORITY.— 

20 (A) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this Act, the 

22 Director of the Central Intelligence Agency 

23 shall submit to the appropriate congressional 

24 committees a report on the use of the authority 


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1 provided by section 19A(d) of such Act, as 

2 added by subsection (a) of this section. 

3 (B) CONTENTS.—The report submitted 

4 under subparagraph (A) shall include the fol5 lowing: 

6 (i) A budget or spend plan for the use 

7 of the authority described in subparagraph 

8 (A) for the subsequent fiscal year. 

9 (ii) Information relating to the use of 

10 the authority described in subparagraph 

11 (A) for the preceding year, including the 

12 following: 

13 (I) The total amount expended. 

14 (II) The number of covered de15 pendents, covered employees, and cov16 ered individuals for whom payments 

17 were made. 

18 (III) The amounts that were pro19 vided to each person described in sub20 clause (II). 

21 (iii) An assessment of whether addi22 tional authorities are required to ensure 

23 that covered dependents, covered employ24 ees, and covered individuals can receive 


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1 payments for qualifying injuries, such as a 

2 qualifying injury to the back or heart. 

3 (C) FORM.—The report submitted under 

4 subparagraph (A) shall be submitted in classi5 fied form. 

6 (2) REPORT ON ESTIMATED COSTS FOR FISCAL

7 YEAR 2023.—Not later than March 1, 2022, the Di8 rector shall submit to the appropriate congressional 

9 committees a report detailing an estimate of the ob10 ligation that the Director expects to incur in pro11 viding payment under section 19A(d) of such Act, as 

12 added by subsection (a) of this section, in fiscal year 

13 2023. 

14 (3) REPORT ON FEASIBILITY OF MODIFICA15 TIONS TO PROGRAM.—Not later than 270 days after 

16 the date of the enactment of this Act, the Director 

17 shall submit to the appropriate congressional com18 mittees a report on the feasibility of the Central In19 telligence Agency adopting a disability benefits pro20 gram similar to the disability benefits program of 

21 the Department of Defense. 

22 (e) REGULATIONS.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this Act, the Di25 rector shall prescribe regulations required under secVerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356

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1 tion 19A(d)(3)(A) of such Act, as added by sub2 section (a) of this section. 

3 (2) NOTICE TO CONGRESS.—Not later than 210 

4 days after the date of the enactment of this Act, the 

5 Director shall submit to the appropriate congres6 sional committees the regulations prescribed in ac7 cordance with paragraph (1). 

8 (f) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ mean— 

12 (A) the congressional intelligence commit13 tees (as that term is defined in section 3 of the 

14 National Security Act of 1947 (50 U.S.C. 

15 3003)); and 

16 (B) the Committees on Appropriations of 

17 the Senate and the House of Representatives. 

18 (2) COVERED DEPENDENT, COVERED EM19 PLOYEE, COVERED INDIVIDUAL, AND QUALIFYING

20 INJURY.—The terms ‘‘covered dependent’’, ‘‘covered 

21 employee’’, ‘‘covered individual’’, and ‘‘qualifying in22 jury’’ have the meanings given such terms in section 

23 19A(a) of the Central Intelligence Agency Act of 

24 1949 (50 U.S.C. 3519b(a)). 


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1 SEC. 3. AUTHORITY TO PAY PERSONNEL OF DEPARTMENT 

2 OF STATE FOR CERTAIN INJURIES TO THE 

3 BRAIN. 

4 (a) IN GENERAL.—Section 901 of title IX of division 

5 J of the Further Consolidated Appropriations Act, 2020 

6 (22 U.S.C. 2680b) is amended— 

7 (1) in subsection (f), by striking ‘‘subsection (a) 

8 or (b)’’ both places it appears and inserting ‘‘sub9 section (a), (b), or (i)’’; and 

10 (2) in subsection (h)— 

11 (A) in paragraph (1), by striking ‘‘IN GEN12 ERAL.—This section’’ and inserting ‘‘ADJUST13 MENT OF COMPENSATION PROVISION.—Sub14 sections (a) and (b)’’; 

15 (B) by redesignating paragraph (2) as 

16 paragraph (3); and 

17 (C) by inserting after paragraph (1) the 

18 following new paragraph: 

19 ‘‘(2) OTHER PAYMENT PROVISION.—Payment 

20 under subsection (i) may be made available for a 

21 qualifying injury that occurs before, on, or after the 

22 date of the enactment of the HAVANA Act of 

23 2021.’’; and 

24 (3) by adding at the end the following new sub25 section: 

26 ‘‘(i) OTHER INJURIES.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, but subject to paragraph (2), the 

3 Secretary of State or other agency head with an em4 ployee abroad may provide payment to a covered de5 pendent, a dependent of a former employee, a cov6 ered employee, a former employee, and a covered in7 dividual for a qualifying injury to the brain. 

8 ‘‘(2) LIMITATIONS.— 

9 ‘‘(A) APPROPRIATIONS REQUIRED.—Pay10 ment under paragraph (1) in a fiscal year may 

11 only be made using amounts appropriated in 

12 advance specifically for payments under such 

13 paragraph in such fiscal year. 

14 ‘‘(B) MATTER OF PAYMENTS.—Payments 

15 under paragraph (1) using amounts appro16 priated for such purpose shall be made either in 

17 the order in which claims for such payments are 

18 filed or on a pro-rata basis. 

19 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 

20 amount of funding obligated for payments 

21 under paragraph (1) may not exceed the 

22 amount specifically appropriated for providing 

23 payments under such paragraph during its pe24 riod of availability. 


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1 ‘‘(D) FREQUENCY OF PAYMENTS.—The 

2 Secretary or other agency head may make pay3 ments under paragraph (1) in a lump sum pay4 ment or through multiple payments, including, 

5 subject to subparagraph (A), payments occur6 ring in more than one year. 

7 ‘‘(3) REGULATIONS.— 

8 ‘‘(A) IN GENERAL.—The Secretary or 

9 other agency head described in paragraph (1) 

10 that provides payment under such paragraph 

11 shall prescribe regulations to carry out this sub12 section. 

13 ‘‘(B) ELEMENTS.—The regulations pre14 scribed under subparagraph (A) shall include 

15 regulations detailing fair and equitable criteria 

16 for payment under paragraph (1). 

17 ‘‘(4) NO EFFECT ON OTHER BENEFITS.—Pay18 ments made under paragraph (1) are supplemental 

19 to any other benefit furnished by the United States 

20 Government for which a covered dependent, depend21 ent of a former employee, covered employee, former 

22 employee, or covered individual is entitled, and the 

23 receipt of such payments may not affect the eligi24 bility of such a person to any other benefit furnished 

25 by the United States Government.’’. 


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1 (b) REPORTS.— 

2 (1) REPORTS ON USE OF AUTHORITY.— 

3 (A) IN GENERAL.—Not later than 365 

4 days after the date of the enactment of this 

5 Act, the Secretary of State and each other 

6 agency head that makes a payment under sub7 section (i) of section 901 of title IX of division 

8 J of the Further Consolidated Appropriations 

9 Act, 2020 (22 U.S.C. 2680b), as added by sub10 section (a) of this section, shall submit to the 

11 appropriate congressional committees a report 

12 on the use of the authority provided by such 

13 subsection (i). 

14 (B) CONTENTS.—Each report submitted 

15 under subparagraph (A) shall include the fol16 lowing: 

17 (i) A budget or spend plan for the use 

18 of the authority described in subparagraph 

19 (A) for the subsequent fiscal year. 

20 (ii) Information relating to the use of 

21 the authority described in subparagraph 

22 (A) for the preceding year, including the 

23 following: 

24 (I) The total amount expended. 


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1 (II) The number of covered de2 pendents, covered employees, and cov3 ered individuals for whom payments 

4 were made. 

5 (III) The amounts that were pro6 vided to each person described in sub7 clause (II). 

8 (iii) An assessment of whether addi9 tional authorities are required to ensure 

10 that covered dependents, covered employ11 ees, and covered individuals can receive 

12 payments for qualifying injuries, such as a 

13 qualifying injury to the back or heart. 

14 (C) FORM.—The report submitted under 

15 subparagraph (A) shall be submitted in classi16 fied form. 

17 (2) REPORTS ON ESTIMATED COSTS FOR FIS18 CAL YEAR 2023.—Not later than March 1, 2022, the 

19 Secretary of State and each other agency head that 

20 makes a payment under subsection (i) of section 901 

21 of title IX of division J of the Further Consolidated 

22 Appropriations Act, 2020 (22 U.S.C. 2680b), as 

23 added by subsection (a) of this section, shall submit 

24 to the appropriate congressional committees a report 

25 detailing an estimate of the obligation that the DiVerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356

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1 rector expects to incur in providing payment under 

2 such subsection (i) in fiscal year 2023. 

3 (c) REGULATIONS.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of State and each other agency head that 

7 makes a payment under subsection (i)(1) of section 

8 901 of title IX of division J of the Further Consoli9 dated Appropriations Act, 2020 (22 U.S.C. 2680b), 

10 as added by subsection (a) of this section, shall pre11 scribe regulations required under subsection 

12 (i)(3)(A) of such Act. 

13 (2) NOTICE TO CONGRESS.—Not later than 210 

14 days after the date of the enactment of this Act, the 

15 Secretary of State and the agency heads described 

16 in paragraph (1) shall submit to the appropriate 

17 congressional committees the regulations prescribed 

18 in accordance with paragraph (1). 

19 (d) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Foreign Relations 

24 and the Committee on Appropriations of the 

25 Senate; and 


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1 (B) the Committee on Foreign Affairs and 

2 the Committee on Appropriations of the House 

3 of Representatives. 

4 (2) COVERED DEPENDENT, COVERED EM5 PLOYEE, COVERED INDIVIDUAL, AND QUALIFYING

6 INJURY.—The terms ‘‘covered dependent’’, ‘‘covered 

7 employee’’, ‘‘covered individual’’, and ‘‘qualifying in8 jury’’ have the meanings given such terms in section 

9 901(e) of title IX of division J of the Further Con10 solidated Appropriations Act, 2020 (22 U.S.C. 

11 2680b(e)). 

Æ 


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