[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1828 Enrolled Bill (ENR)]
S.1828
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
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.
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) 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.--
``(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) 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)) 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) 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 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.--
``(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) 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 (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) 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.