Havana Syndrome Attacks Response Act
Bill: H.R.4914 | Sponsor: Rep. McCaul, Michael T. (R-TX)
Policy area: International Affairs

Summary:
Havana Syndrome Attacks Response Act
This bill requires the President to sanction foreign persons and governments for carrying out clandestine attacks on U.S. personnel that have caused brain injury.
Specifically, the President must impose visa- and asset-blocking sanctions on any foreign person that has directed or carried out such an attack.
If the President determines a foreign government carried out such an attack, the President must notify Congress and sanction that country by
The President must remove these sanctions after 12 months, provided that (1) the country's government gives reliable assurances that it will not conduct future attacks, and (2) the executive branch does not have persuasive information indicating an attack occurred in the preceding six months.
The bill also requires a congressional briefing and report about suspected clandestine attacks on U.S. personnel that have caused brain injury, including hypotheses concerning the identity of the perpetrators and the technical methods used to carry out the attacks.

To impose sanctions against foreign persons and foreign governments in 
response to certain clandestine attacks on United States personnel, 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 ``Havana Syndrome Attacks Response 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) United States personnel have suffered persistent brain 
        injuries after being targeted in attacks that have been 
        increasing in number, geographic location, and audacity.
            (2) In December 2016, a number of United States Embassy 
        personnel in Havana, Cuba, began to experience the acute and 
        sudden onset of unusual symptoms, usually concurrent with the 
        perceived onset of a loud, directional noise, often accompanied 
        by pain in the ears or the head and a sensation of pressure or 
        vibration.
            (3) Symptoms, which have been chronic for some personnel, 
        have included dizziness, hearing loss and tinnitus, vertigo, 
        cognitive and motor impairment, severe headaches, and insomnia.
            (4) A panel of experts convened by the Department of 
        State's Bureau of Medical Services in July 2017 to review 
        triage assessments of medically evaluated personnel from the 
        United States Embassy in Havana came to consensus that the 
        findings were most likely related to neurotrauma from a 
        nonnatural source.
            (5) On August 11, 2017, Secretary of State Rex Tillerson 
        characterized these episodes as ``health attacks'' against 
        United States personnel in Cuba.
            (6) On September 29, 2017, the Department of State ordered 
        the departure of non-essential personnel from the United States 
        Embassy in Havana and issued a formal Cuba Travel Warning that 
        stated: ``Over the past several months, numerous U.S. Embassy 
        Havana employees have been targeted in specific attacks. These 
        employees have suffered significant injuries as a consequence 
        of these attacks.''.
            (7) Other personnel at the United States Consulate in 
        Guangzhou, China, reported similar experiences beginning in 
        2017.
            (8) A 2018 report, published in the Journal of the American 
        Medical Association, based on clinical evaluation of affected 
        personnel from United States Embassy, Havana, stated: ``These 
        individuals appeared to have sustained injury to widespread 
        brain networks without an associated history of head trauma.''.
            (9) The number and locations of these attacks have 
        significantly expanded and, according to press reporting, as of 
        May 2021 there have been more than 130 possible cases that have 
        occurred in Asia, in Europe, and in the Western Hemisphere, 
        including within the United States.
            (10) According to press reporting, these attacks have 
        occurred, among other places, at the homes of United States 
        personnel, at hotels, and on public streets, including in the 
        immediate vicinity of the White House, in Washington, DC.
            (11) A 2020 report by the National Academy of Sciences 
        (NAS) found that ``many of the distinctive and acute signs, 
        symptoms, and observations reported by [affected] employees are 
        consistent with the effects of directed, pulsed radio frequency 
        (RF) energy'' and that ``directed pulsed RF energy . . . 
        appears to be the most plausible mechanism in explaining these 
        cases''.
            (12) According to the NAS report, ``such a scenario raises 
        grave concerns about a world with disinhibited malevolent 
        actors and new tools for causing harm to others''.
            (13) The continuing and expanding scope of these attacks 
        has become a serious security concern that is also undermining 
        the morale of United States personnel, especially those posted 
        at overseas diplomatic missions.
            (14) Article 22 of the Vienna Convention on Diplomatic 
        Relations states that ``The receiving State is under a special 
        duty to take all appropriate steps to protect the premises of 
        [a foreign] mission against any intrusion or damage and to 
        prevent any disturbance of the peace of the mission or 
        impairment of its dignity.''.
            (15) The Convention on the Prevention and Punishment of 
        Crimes against Internationally Protected Persons, including 
        Diplomatic Agents, to which 180 countries are a party, protects 
        diplomatic personnel from attacks on their persons, 
        accommodations, or means of transport, and requires all state 
        parties to punish and take measures to prevent such grave 
        crimes.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to detect, deter, and punish clandestine attacks that 
        cause persistent brain injury in United States personnel;
            (2) to provide appropriate assistance to United States 
        personnel harmed by such attacks;
            (3) to hold responsible any persons, entities, or 
        governments involved in ordering or carrying out such attacks, 
        including through appropriate sanctions and criminal 
        prosecutions;
            (4) to prioritize research into effective countermeasures 
        to help protect United States personnel from such attacks; and
            (5) to convey to foreign governments through official 
        contact at the highest levels the gravity of United States 
        concern about such attacks and the seriousness of consequences 
        that may follow should attacks continue.

SEC. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO 
              CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL.

    (a) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (b) with respect to any foreign 
person that the President determines, on or after the date of the 
enactment of this Act, knowingly has directed or carried out 
clandestine attacks on United States personnel that have resulted in 
brain injury to those personnel.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--The President shall block, in 
        accordance with the International Emergency Economic Powers Act 
        (50 U.S.C. 1701 et seq.), all transactions in all property and 
        interests in property of any person subject to subsection (a) 
        if such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Exclusion from the united states.--The Secretary of 
        State shall deny a visa to, and the Secretary of Homeland 
        Security shall exclude from the United States, any person 
        subject to subsection (a) that is an alien.
    (c) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of subsection (b)(1) or any 
regulation, license, or order issued to carry out that subsection shall 
be subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (d) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under subsection 
        (b)(2) shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions under this section shall not 
                include the authority or requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (e) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (2) Knowingly.--The term ``knowingly'' has the meaning 
        given that term in section 14 of the Iran Sanctions Act of 1996 
        (Public Law 104-172; 50 U.S.C. 1701 note).
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 5. IMPOSITION OF SANCTIONS AGAINST FOREIGN GOVERNMENTS IN RESPONSE 
              TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES 
              PERSONNEL.

    (a) Presidential Determination.--Whenever persuasive information 
becomes available to the executive branch indicating the substantial 
possibility that the government of a foreign country has carried out 
clandestine attacks on United States personnel that have resulted in 
brain injury to such personnel, the President shall, within 60 days 
after the receipt of such information by the executive branch, 
determine and report to the appropriate congressional committees and 
leadership whether that government has carried out clandestine attacks 
on United States personnel that have resulted in brain injury to such 
personnel.
    (b) Imposition of Sanctions.--If at any time the President makes a 
determination pursuant to subsection (a) that a foreign government has 
carried out clandestine attacks on United States personnel that have 
resulted in brain injury to such personnel, the President shall impose 
the following sanctions:
            (1) Foreign assistance.--The United States Government shall 
        terminate assistance to that country under the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for 
        urgent humanitarian assistance and food or other agricultural 
        commodities or products.
            (2) Commercial exports.--The United States Government shall 
        restrict--
                    (A) exports, re-exports, and in-country transfers 
                of items to that country pursuant to the Export Control 
                Reform Act of 2018 (50 U.S.C. 4801 et seq.); and
                    (B) licenses for a significant range of goods, 
                software, and technology to that country subject to the 
                Export Administration Regulations.
            (3) Arms sales.--The United States Government shall 
        terminate--
                    (A) sales to that country under the Arms Export 
                Control Act (22 U.S.C. 2751 et seq.) of any defense 
                articles, defense services, or design and construction 
                services; and
                    (B) licenses for the export to that country of any 
                item on the United States Munitions List.
            (4) Arms sales financing.--The United States Government 
        shall terminate all foreign military financing for that country 
        under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
            (5) Denial of united states government credit or other 
        financial assistance.--The United States Government shall deny 
        to that country any credit, credit guarantees, or other 
        financial assistance by any department, agency, or 
        instrumentality of the United States Government, including the 
        Export-Import Bank of the United States.
    (c) Removal of Sanctions.--The President shall remove the sanctions 
imposed with respect to a country pursuant to this section if the 
President determines and so certifies to the Congress, after the end of 
the 12-month period beginning on the date on which sanctions were 
initially imposed on that country pursuant to subsection (a), that--
            (1) the government of that country has provided reliable 
        assurances that it will not conduct clandestine attacks on 
        United States personnel; and
            (2) the executive branch does not have persuasive 
        information indicating the substantial possibility of a 
        clandestine attack on United States personnel that has resulted 
        in brain injury to such personnel during the preceding six 
        months.
    (d) Definitions.--In this section:
            (1) Export administration regulations.--The term ``Export 
        Administration Regulations'' means the regulations set forth in 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations, or successor regulations.
            (2) United states munitions list.--The term ``United States 
        Munitions List'' means the list of items established and 
        maintained under section 38(a)(1) of the Arms Export Control 
        Act (22 U.S.C. 2778(a)(1)).

SEC. 6. BRIEFING AND REPORT TO CONGRESS.

    (a) Briefing.--Not later than 60 days after the date of the 
enactment of this Act, the President shall provide the appropriate 
congressional committees and leadership with a briefing covering the 
contents described in subsection (c).
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall provide the appropriate 
congressional committees and leadership with a written report covering 
the contents described in subsection (c), which may include a 
classified annex.
    (c) Contents Described.--The contents of the briefing and written 
report described in this subsection include the following:
            (1) The dates, numbers, and locations of suspected 
        clandestine attacks on United States personnel resulting in 
        brain injury.
            (2) A description of the official roles and 
        responsibilities of United States personnel targeted in such 
        suspected attacks.
            (3) Information and working hypotheses regarding the 
        identity of the perpetrators of any such attacks, including an 
        assessment of which foreign states and non-state actors may 
        have the technical capacity to carry out such attacks.
            (4) Information and working hypotheses regarding the 
        technical method used to perpetrate such attacks.
            (5) A description of the process and diagnostic criteria 
        used to screen and identify personnel affected by such 
        suspected attacks.
            (6) Current advisories and other information provided to 
        United States personnel regarding such attacks, including any 
        information about how to recognize, react to, or protect 
        oneself from such attacks.
            (7) A list of foreign persons, entities, or governments 
        sanctioned pursuant to or consistent with this Act.
            (8) A list of the foreign states that have been demarched 
        regarding such attacks, including the date and the official 
        title of the United States official delivering, and the foreign 
        official receiving, any such demarche.

SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.

    In this Act, the term ``appropriate congressional committees and 
leadership'' means--
            (1) the Committee on Foreign Affairs, the Permanent Select 
        Committee on Intelligence, and the Speaker, the majority 
        leader, and the minority leader of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, the Select 
        Committee on Intelligence, and the majority and minority 
        leaders of the Senate.
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