HAVANA Act of 2021
Bill: H.R.3356 | Sponsor: Rep. Schiff, Adam B. (D-CA)
Policy area: Government Operations and Politics

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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping American Victims Afflicted 
by Neurological Attacks Act of 2021'' or the ``HAVANA Act of 2021''.

SEC. 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) is amended by adding at the end 
the following:
    ``(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)) is amended, in the 
subsection heading, by inserting ``Total Disability Resulting From'' 
before ``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'' mean--
                    (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)); and
                    (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'', 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)).

SEC. 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) is 
amended--
            (1) in subsection (f), by striking ``subsection (a) or 
        (b)'' both places it appears and inserting ``subsection (a), 
        (b), or (i)''; and
            (2) in subsection (h)--
                    (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 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), as added by subsection (a) 
                of this section, shall submit to the appropriate 
                congressional committees a report on the use of the 
                authority provided by such subsection (i).
                    (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), as 
        added by subsection (a) of this section, 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 such subsection (i) in fiscal year 
        2023.
    (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), as 
        added by subsection (a) of this section, shall prescribe 
        regulations required under subsection (i)(3)(A) of such Act.
            (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'' means--
                    (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'', and 
        ``qualifying injury'' have the meanings given such terms in 
        section 901(e) of title IX of division J of the Further 
        Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(e)).
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