HAVANA Act of 2021

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. Short title This Act may be cited as the Helping American Victims Afflicted by Neurological Attacks Act of 2021 HAVANA Act of 2021 2. Authority to pay personnel of Central Intelligence Agency for certain injuries to the brain (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (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 50 U.S.C. 3519 (3) Covered employee The term covered employee 50 U.S.C. 3519b(a) (4) Covered individual The term covered individual 50 U.S.C. 3519b(a) (5) Qualifying injury The term qualifying injury 50 U.S.C. 3519 (b) Payment authorized Section 19A of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b (d) Authority To make payments for qualifying injuries to the brain (1) Definitions In this subsection: (A) Covered dependent The term covered dependent (B) Qualifying injury The term qualifying injury (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) Limitations (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. (4) Regulations (A) In general The Director shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2). . (c) Applicability Payment under subsection (d) of such section, as added by subsection (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 as the Director of the Central Intelligence Agency considers appropriate. (d) Reports (1) Report on use of authority (A) In general Not later than 365 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate congressional 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. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year. (ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following: (I) The total amount expended. (II) The number of covered dependents, covered employees, and covered individuals for whom payments were made. (III) The amounts that were provided to each person described in subclause (II). (iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart. (C) Form The report submitted under subparagraph (A) shall be submitted in classified form. (2) Report on estimated costs for fiscal year 2023 Not later than March 1, 2022, the Director shall submit to the appropriate congressional committees a report detailing an estimate of the obligation that the Director expects to incur in providing payment under section 19A(d) of such Act, as added by subsection (b) of this section, in fiscal year 2023. (e) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, the Director shall prescribe regulations required under section 19A(d)(4)(A) of such Act, 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 Director shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1). (f) Clarifying amendment Section 19A(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(b) total disability resulting from certain injuries 3. Authority to pay personnel of Department of State for certain injuries to the brain (a) Definitions In this section: (1) Definition of appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (2) Covered dependent The term covered dependent 22 U.S.C. 2680b (3) Covered employee The term covered employee 22 U.S.C. 2680b (4) Covered individual The term covered individual 22 U.S.C. 2680b (5) Qualifying injury The term qualifying injury 22 U.S.C. 2680b (b) In general Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b (1) in subsection (f), by striking subsection (a) or (b) subsection (a), (b), or (i) (2) in subsection (h)— (A) in paragraph (1), by striking In general Adjustment of compensation provision (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) Other payment provision Payment under subsection (i) may be made available for a qualifying injury (as defined in such subsection) that occurs before, on, or after the date of the enactment of the Helping American Victims Afflicted by Neurological Attacks Act of 2021 ; and (3) by adding at the end the following new subsection: (i) Other injuries (1) Definitions In this subsection: (A) Covered dependent The term covered dependent (B) Covered employee The term covered employee (C) Covered individual The term covered individual (D) Qualifying injury The term qualifying injury (2) Authority 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. (3) Limitations (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. (4) Regulations (A) In general The Secretary or other agency head described in paragraph (2) that provides payment under such paragraph shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2). . (c) Reports (1) Reports on use of authority (A) In general Not later than 365 days after the date of the enactment of this Act, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year. (ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following: (I) The total amount expended. (II) The number of covered dependents, covered employees, and covered individuals for whom payments were made. (III) The amounts that were provided to each person described in subclause (II). (iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart. (C) Form The report submitted under subparagraph (A) shall be submitted in classified form. (2) Reports on estimated costs for fiscal year 2023 Not later than March 1, 2022, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b (d) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, 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 (2) Notice to Congress 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).

Summary: Helping American Victims Afflicted by Neurological Attacks Act of 2021 or the HAVANA Act of 2021 This bill specifically authorizes the Central Intelligence Agency, the Department of State, and other agencies to provide payments to agency personnel who incur brain injuries from hostilities while on assignment. Specifically, the bill allows agency personnel and their families to receive payments for brain injuries that are incurred (1) during a period of assignment to a foreign or domestic duty station; (2) in connection with war, insurgency, hostile acts, terrorist activity, or other agency-designated incidents; and (3) not as the result of willful misconduct. The bill's authority applies to injuries incurred before, on, or after the date of the bill's enactment. Agencies must submit classified reports on the bill's implementation, including the number of payments made and the amount of each payment. Since 2016, some intelligence, diplomatic, and other governmental personnel have reported experiencing unusual cognitive and neurological impairments while on assignment (particularly abroad), the source of which is currently under investigation. Symptoms were first reported by personnel stationed in Cuba and have since been collectively referred to as Havana Syndrome.