HAVANA Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1714 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. IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Ms. COLLINS (for herself, Mr. WARNER, Mr. RUBIO, Mrs. SHAHEEN, Mr. CORNYN, Mr. BENNET, Mr. BLUNT, Mrs. GILLIBRAND, Mr. BURR, Mr. HEINRICH, Mr. SASSE, Mrs. FEINSTEIN, Mr. COTTON, Mr. KING, and Mr. RISCH) introduced the following bill; which was read twice and re- ferred to the Committee on Homeland Security and Governmental Affairs A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1714 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Helping American Vic- 2 tims Afflicted by Neurological Attacks Act of 2021’’ or 3 the ‘‘HAVANA Act of 2021’’. 4 SEC. 2. AUTHORITY TO PAY PERSONNEL OF CENTRAL IN- 5 TELLIGENCE AGENCY FOR CERTAIN INJU- 6 RIES TO THE BRAIN. 7 (a) DEFINITIONS.—In this section: 8 (1) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES.—The term ‘‘appropriate congressional com- 10 mittees’’ mean— 11 (A) the congressional intelligence commit- 12 tees (as that term is defined in section 3 of the 13 National Security Act of 1947 (50 U.S.C. 14 3003)); and 15 (B) the Committees on Appropriations of 16 the Senate and the House of Representatives. 17 (2) COVERED DEPENDENT, COVERED EM- 18 PLOYEE, COVERED INDIVIDUAL, AND QUALIFYING 19 INJURY.—The terms ‘‘covered dependent’’, ‘‘covered 20 employee’’, ‘‘covered individual’’, and ‘‘qualifying in- 21 jury’’ have the meanings given such terms in section 22 19A(a) of the Central Intelligence Agency Act of 23 1949 (50 U.S.C. 3519b(a)). 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1714 IS (b) PAYMENT AUTHORIZED.—Section 19A of the 1 Central Intelligence Agency Act of 1949 (50 U.S.C. 2 3519b) is amended by adding at the end the following: 3 ‘‘(d) AUTHORITY TO MAKE PAYMENTS FOR QUALI- 4 FYING INJURIES TO THE BRAIN.— 5 ‘‘(1) AUTHORITY.—Notwithstanding any other 6 provision of law but subject to paragraph (2), the 7 Director may provide payment to a covered depend- 8 ent, a covered employee, and a covered individual for 9 a qualifying injury to the brain. 10 ‘‘(2) LIMITATIONS.— 11 ‘‘(A) APPROPRIATIONS REQUIRED.—Pay- 12 ment under paragraph (1) in a fiscal year may 13 only be made using amounts appropriated in 14 advance specifically for payments under such 15 paragraph in such fiscal year. 16 ‘‘(B) MATTER OF PAYMENTS.—Payments 17 under paragraph (1) using amounts appro- 18 priated for such purpose shall be made on a 19 first come, first serve, or pro rata basis. 20 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 21 amount of funding obligated for payments 22 under paragraph (1) may not exceed the 23 amount specifically appropriated for providing 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1714 IS payments under such paragraph during its pe- 1 riod of availability. 2 ‘‘(3) REGULATIONS.— 3 ‘‘(A) IN GENERAL.—The Director shall 4 prescribe regulations to carry out this sub- 5 section. 6 ‘‘(B) ELEMENTS.—The regulations pre- 7 scribed under subparagraph (A) shall include 8 regulations detailing fair and equitable criteria 9 for payment under paragraph (1).’’. 10 (c) APPLICABILITY.—Payment under subsection (d) 11 of such section, as added by subsection (b) of this section, 12 may be made available for a qualifying injury to the brain 13 that occurs before, on, or after the date of the enactment 14 of this Act as the Director of the Central Intelligence 15 Agency considers appropriate. 16 (d) REPORTS.— 17 (1) REPORT ON USE OF AUTHORITY.— 18 (A) IN GENERAL.—Not later than 365 19 days after the date of the enactment of this 20 Act, the Director of the Central Intelligence 21 Agency shall submit to the appropriate congres- 22 sional committees a report on the use of the au- 23 thority provided by section 19A(d) of such Act, 24 as added by subsection (b) of this section. 25 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1714 IS (B) CONTENTS.—The report submitted 1 under subparagraph (A) shall include the fol- 2 lowing: 3 (i) A budget or spend plan for the use 4 of the authority described in subparagraph 5 (A) for the subsequent fiscal year. 6 (ii) Information relating to the use of 7 the authority described in subparagraph 8 (A) for the preceding year, including the 9 following: 10 (I) The total amount expended. 11 (II) The number of covered de- 12 pendents, covered employees, and cov- 13 ered individuals for whom payments 14 were made. 15 (III) The amounts that were pro- 16 vided to each person described in sub- 17 clause (II). 18 (iii) An assessment of whether addi- 19 tional authorities are required to ensure 20 that covered dependents, covered employ- 21 ees, and covered individuals can receive 22 payments for qualifying injuries, such as a 23 qualifying injury to the back or heart. 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1714 IS (C) FORM.—The report submitted under 1 subparagraph (A) shall be submitted in classi- 2 fied form. 3 (2) REPORT ON ESTIMATED COSTS FOR FISCAL 4 YEAR 2023.—Not later than March 1, 2022, the Di- 5 rector shall submit to the appropriate congressional 6 committees a report detailing an estimate of the ob- 7 ligation that the Director expects to incur in pro- 8 viding payment under section 19A(d) of such Act, as 9 added by subsection (b) of this section, in fiscal year 10 2023. 11 (e) REGULATIONS.— 12 (1) IN GENERAL.—Not later than 180 days 13 after the date of the enactment of this Act, the Di- 14 rector shall prescribe regulations required under sec- 15 tion 19A(d)(3)(A) of such Act, as added by sub- 16 section (b) of this section. 17 (2) NOTICE TO CONGRESS.—Not later than 210 18 days after the date of the enactment of this Act, the 19 Director shall submit to the appropriate congres- 20 sional committees the regulations prescribed in ac- 21 cordance with paragraph (1). 22 (f) CLARIFYING AMENDMENT.—Section 19A(b) of 23 the Central Intelligence Agency Act of 1949 (50 U.S.C. 24 3519b(b)) is amended, in the subsection heading, by in- 25 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1714 IS serting ‘‘TOTAL DISABILITY RESULTING FROM’’ before 1 ‘‘CERTAIN INJURIES’’. 2 SEC. 3. AUTHORITY TO PAY PERSONNEL OF DEPARTMENT 3 OF STATE FOR CERTAIN INJURIES TO THE 4 BRAIN. 5 (a) DEFINITIONS.—In this section: 6 (1) DEFINITION OF APPROPRIATE CONGRES- 7 SIONAL COMMITTEES.—The term ‘‘appropriate con- 8 gressional committees’’ means— 9 (A) the Committee on Foreign Relations 10 and the Committee on Appropriations of the 11 Senate; and 12 (B) the Committee on Foreign Affairs and 13 the Committee on Appropriations of the House 14 of Representatives. 15 (2) COVERED DEPENDENT, COVERED EM- 16 PLOYEE, COVERED INDIVIDUAL, AND QUALIFYING 17 INJURY.—The terms ‘‘covered dependent’’, ‘‘covered 18 employee’’, ‘‘covered individual’’, and ‘‘qualifying in- 19 jury’’ have the meanings given such terms in section 20 901(e) of title IX of division J of the Further Con- 21 solidated Appropriations Act, 2020 (22 U.S.C. 22 2680b(e)). 23 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1714 IS (b) IN GENERAL.—Section 901 of title IX of division 1 J of the Further Consolidated Appropriations Act, 2020 2 (22 U.S.C. 2680b) is amended— 3 (1) in subsection (f), by striking ‘‘subsection (a) 4 or (b)’’ both places it appears and inserting ‘‘sub- 5 section (a), (b), or (i)’’; and 6 (2) in subsection (h)— 7 (A) in paragraph (1), by striking ‘‘IN GEN- 8 ERAL.—This section’’ and inserting ‘‘ADJUST- 9 MENT OF COMPENSATION PROVISION.—Sub- 10 sections (a) and (b)’’; 11 (B) by redesignating paragraph (2) as 12 paragraph (3); and 13 (C) by inserting after paragraph (1) the 14 following new paragraph: 15 ‘‘(2) OTHER PAYMENT PROVISION.—Payment 16 under subsection (i) may be made available for a 17 qualifying injury that occurs before, on, or after the 18 date of the enactment of the Helping American Vic- 19 tims Afflicted by Neurological Attacks Act of 20 2021.’’; and 21 (3) by adding at the end the following new sub- 22 section: 23 ‘‘(i) OTHER INJURIES.— 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1714 IS ‘‘(1) IN GENERAL.—Notwithstanding any other 1 provision of law but subject to paragraph (2), the 2 Secretary of State or other agency head with an em- 3 ployee abroad may provide payment to a covered de- 4 pendent, a dependent of a former employee, a cov- 5 ered employee, a former employee, and a covered in- 6 dividual for a qualifying injury to the brain. 7 ‘‘(2) LIMITATIONS.— 8 ‘‘(A) APPROPRIATIONS REQUIRED.—Pay- 9 ment under paragraph (1) in a fiscal year may 10 only be made using amounts appropriated in 11 advance specifically for payments under such 12 paragraph in such fiscal year. 13 ‘‘(B) MATTER OF PAYMENTS.—Payments 14 under paragraph (1) using amounts appro- 15 priated for such purpose shall be made on a 16 first come, first serve, or pro rata basis. 17 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 18 amount of funding obligated for payments 19 under paragraph (1) may not exceed the 20 amount specifically appropriated for providing 21 payments under such paragraph during its pe- 22 riod of availability. 23 ‘‘(3) REGULATIONS.— 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1714 IS ‘‘(A) IN GENERAL.—The Secretary or 1 other agency head described in paragraph (1) 2 that provides payment under such paragraph 3 shall prescribe regulations to carry out this sub- 4 section. 5 ‘‘(B) ELEMENTS.—The regulations pre- 6 scribed under subparagraph (A) shall include 7 regulations detailing fair and equitable criteria 8 for payment under paragraph (1).’’. 9 (c) REPORTS.— 10 (1) REPORTS ON USE OF AUTHORITY.— 11 (A) IN GENERAL.—Not later than 365 12 days after the date of the enactment of this 13 Act, the Secretary of State and each other 14 agency head that makes a payment under sub- 15 section (i) of section 901 of title IX of division 16 J of the Further Consolidated Appropriations 17 Act, 2020 (22 U.S.C. 2680b), as added by sub- 18 section (b) of this section, shall submit to the 19 appropriate congressional committees a report 20 on the use of the authority provided by such 21 subsection (i). 22 (B) CONTENTS.—Each report submitted 23 under subparagraph (A) shall include the fol- 24 lowing: 25 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1714 IS (i) A budget or spend plan for the use 1 of the authority described in subparagraph 2 (A) for the subsequent fiscal year. 3 (ii) Information relating to the use of 4 the authority described in subparagraph 5 (A) for the preceding year, including the 6 following: 7 (I) The total amount expended. 8 (II) The number of covered de- 9 pendents, covered employees, and cov- 10 ered individuals for whom payments 11 were made. 12 (III) The amounts that were pro- 13 vided to each person described in sub- 14 clause (II). 15 (iii) An assessment of whether addi- 16 tional authorities are required to ensure 17 that covered dependents, covered employ- 18 ees, and covered individuals can receive 19 payments for qualifying injuries, such as a 20 qualifying injury to the back or heart. 21 (C) FORM.—The report submitted under 22 subparagraph (A) shall be submitted in classi- 23 fied form. 24 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1714 IS (2) REPORTS ON ESTIMATED COSTS FOR FIS- 1 CAL YEAR 2023.—Not later than March 1, 2022, the 2 Secretary of State and each other agency head that 3 makes a payment under subsection (i) of section 901 4 of title IX of division J of the Further Consolidated 5 Appropriations Act, 2020 (22 U.S.C. 2680b), as 6 added by subsection (b) of this section, shall submit 7 to the appropriate congressional committees a report 8 detailing an estimate of the obligation that the Di- 9 rector expects to incur in providing payment under 10 such subsection (i) in fiscal year 2023. 11 (d) REGULATIONS.— 12 (1) IN GENERAL.—Not later than 180 days 13 after the date of the enactment of this Act, the Sec- 14 retary of State and each other agency head that 15 makes a payment under subsection (i)(1) of section 16 901 of title IX of division J of the Further Consoli- 17 dated Appropriations Act, 2020 (22 U.S.C. 2680b), 18 as added by subsection (b) of this section, shall pre- 19 scribe regulations required under subsection 20 (i)(3)(A) of such Act. 21 (2) NOTICE TO CONGRESS.—Not later than 210 22 days after the date of the enactment of this Act, the 23 Secretary of State and the agency heads described 24 in paragraph (1) shall submit to the appropriate 25 VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1714 IS congressional committees the regulations prescribed 1 in accordance with paragraph (1). 2 Æ VerDate Sep 11 2014 04:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S1714.IS S1714 kjohnson on DSK79L0C42PROD with BILLS