HAVANA Act of 2021
Bill: S.1828 | Sponsor: Sen. Collins, Susan M. (R-ME)
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 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.

[117th Congress Public Law 46]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 391]]

Public Law 117-46
117th Congress

                                 An Act


 
 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. <<NOTE: Oct. 8, 2021 -  [S. 1828]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Helping American 
Victims Afflicted by Neurological Attacks Act of 2021.>> 
SECTION 1. <<NOTE: 22 USC 2651 note.>>  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. <<NOTE: 50 USC 3519b note.>>  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'' 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));
                    (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'' has 
        the meaning given such term in subsection (d)(1) of section 19 
        of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519), 
        as added by subsection (b).
            (3) Covered employee.--The term ``covered employee'' has the 
        meaning given such term in section 19A(a) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).
            (4) Covered individual.--The term ``covered individual'' has 
        the meaning given such term in section 19A(a) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).
            (5) Qualifying injury.--The term ``qualifying injury'' has 
        the meaning given such term in subsection (d)(1) of section 19 
        of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519), 
        as added by subsection (b).

    (b) 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.--

[[Page 135 STAT. 392]]

            ``(1) Definitions.--In this subsection:
                    ``(A) Covered dependent.--The term `covered 
                dependent' has the meaning given such term in subsection 
                (a), except that the assigned duty station need not be 
                in a foreign country.
                    ``(B) Qualifying injury.--The term `qualifying 
                injury' has the meaning given such term in subsection 
                (a), except that the assigned duty station need not be 
                in a foreign country.
            ``(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) <<NOTE: 50 USC 3519b note.>>  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) <<NOTE: Budget. Spend plan.>>  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.

[[Page 135 STAT. 393]]

                                    (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) <<NOTE: Assessment.>>  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) <<NOTE: Classified information.>>  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) <<NOTE: Deadlines. 50 USC 3519b note.>>  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)) is amended, in the 
subsection heading, by inserting ``Total Disability Resulting From'' 
before ``Certain Injuries''.
SEC. 3. AUTHORITY TO PAY PERSONNEL OF DEPARTMENT OF STATE FOR 
                    CERTAIN INJURIES TO THE BRAIN.

    (a) <<NOTE: 22 USC 2680b note.>>  Definitions.--In this section:
            (1) Definition of appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--
                    (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'' has 
        the meaning given such term in 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 (b).
            (3) Covered employee.--The term ``covered employee'' has the 
        meaning given such term in 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 (b).
            (4) Covered individual.--The term ``covered individual'' has 
        the meaning given such term in subsection (i)(1) of section

[[Page 135 STAT. 394]]

        901 of title IX of division J of the Further Consolidated 
        Appropriations Act, 2020 (22 U.S.C. 2680b), as added by 
        subsection (b).
            (5) Qualifying injury.--The term ``qualifying injury'' has 
        the meaning given such term in 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 (b).

    (b) 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 (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' has the meaning given such term in subsection 
                (e), except that the assigned duty station need not be 
                in the Republic of Cuba, the People's Republic of China, 
                or another foreign country.
                    ``(B) Covered employee.--The term `covered employee' 
                has the meaning given such term in subsection (e), 
                except that the assigned duty station need not be in the 
                Republic of Cuba, the People's Republic of China, or 
                another foreign country.
                    ``(C) Covered individual.--The term `covered 
                individual' has the meaning given such term in 
                subsection (e), except that the assigned duty station 
                need not be in the Republic of Cuba, the People's 
                Republic of China, or another foreign country.
                    ``(D) Qualifying injury.--The term `qualifying 
                injury' has the meaning given such term in subsection 
                (e), except that the assigned duty station need not be 
                in the Republic of Cuba, the People's Republic of China, 
                or another foreign country.
            ``(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.--

[[Page 135 STAT. 395]]

                    ``(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), as added by subsection (b) 
                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) <<NOTE: Budget. Spend plan.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Classified information.>>  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

[[Page 135 STAT. 396]]

        (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 (b) 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.

    (d) <<NOTE: Deadlines. 22 USC 2680b note.>>  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), as 
        added by subsection (b) of this section, shall prescribe 
        regulations required under subsection (i)(4)(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).

    Approved October 8, 2021.

LEGISLATIVE HISTORY--S. 1828:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            June 7, considered and passed Senate.
            July 26, Sept. 21, considered and passed House.

                                  <all>