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) 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) Authority Notwithstanding any other provision of law, but subject to paragraph (2), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain. (2) Limitations (A) Appropriations required Payment under paragraph (1) 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 (1) using amounts appropriated for such purpose shall be made either in the order in which claims for such payments are filed or on a pro-rata basis. (C) Amounts of payments The total amount of funding obligated for payments under paragraph (1) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (D) Frequency of payments The Director may make payments under paragraph (1) in a lump sum payment or through multiple payments, including, subject to subparagraph (A), payments occurring in more than one year. (3) Regulations (A) In general The Director shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subparagraph (A) shall be consistent with this subsection and section 2 of the HAVANA Act of 2021, and include regulations detailing fair and equitable criteria for payment under paragraph (1). (4) No effect on other benefits Payments made under paragraph (1) 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 receipt of such payments may not affect the eligibility of such a person to any other benefit furnished by the United States Government. . (b) Applicability Payment under subsection (d) of such section, as added by subsection (a) 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. (c) 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 (d) Reports (1) Report on use of authority (A) In general Not later than one year 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 (a) 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 (a) of this section, in fiscal year 2023. (3) Report on feasibility of modifications to program Not later than 270 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the feasibility of the Central Intelligence Agency adopting a disability benefits program similar to the disability benefits program of the Department of Defense. (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)(3)(A) of such Act, as added by subsection (a) 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) 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 Committees on Appropriations of the Senate and the House of Representatives. (2) Covered dependent, covered employee, covered individual, and qualifying injury The terms covered dependent covered employee covered individual qualifying injury 50 U.S.C. 3519b(a) 3. Authority to pay personnel of Department of State for certain injuries to the brain (a) 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 that occurs before, on, or after the date of the enactment of the HAVANA Act of 2021. ; and (3) by adding at the end the following new subsection: (i) Other injuries (1) In general Notwithstanding any other provision of law, but subject to paragraph (2), the Secretary of State or other agency head with an employee abroad 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. (2) Limitations (A) Appropriations required Payment under paragraph (1) 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 (1) using amounts appropriated for such purpose shall be made either in the order in which claims for such payments are filed or on a pro-rata basis. (C) Amounts of payments The total amount of funding obligated for payments under paragraph (1) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (D) Frequency of payments The Secretary or other agency head may make payments under paragraph (1) in a lump sum payment or through multiple payments, including, subject to subparagraph (A), payments occurring in more than one year. (3) Regulations (A) In general The Secretary or other agency head described in paragraph (1) 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 (1). (4) No effect on other benefits Payments made under paragraph (1) 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. . (b) 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 (c) 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)(1) 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). (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Covered dependent, covered employee, covered individual, and qualifying injury The terms covered dependent covered employee covered individual qualifying injury 22 U.S.C. 2680b(e)

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 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.