HAVANA Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3356 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 HOUSE OF REPRESENTATIVES MAY 19, 2021 Mr. SCHIFF (for himself, Mr. NUNES, and Mr. MEEKS) introduced the fol- lowing bill; which was referred to the Committee on Foreign Affairs, and in addition to the Permanent Select Committee on Intelligence, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3356 IH 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) PAYMENT AUTHORIZED.—Section 19A of the 8 Central Intelligence Agency Act of 1949 (50 U.S.C. 9 3519b) is amended by adding at the end the following: 10 ‘‘(d) AUTHORITY TO MAKE PAYMENTS FOR QUALI- 11 FYING INJURIES TO THE BRAIN.— 12 ‘‘(1) AUTHORITY.—Notwithstanding any other 13 provision of law, but subject to paragraph (2), the 14 Director may provide payment to a covered depend- 15 ent, a covered employee, and a covered individual for 16 a qualifying injury to the brain. 17 ‘‘(2) LIMITATIONS.— 18 ‘‘(A) APPROPRIATIONS REQUIRED.—Pay- 19 ment under paragraph (1) in a fiscal year may 20 only be made using amounts appropriated in 21 advance specifically for payments under such 22 paragraph in such fiscal year. 23 ‘‘(B) MATTER OF PAYMENTS.—Payments 24 under paragraph (1) using amounts appro- 25 priated for such purpose shall be made either in 26 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3356 IH the order in which claims for such payments are 1 filed or on a pro-rata basis. 2 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 3 amount of funding obligated for payments 4 under paragraph (1) may not exceed the 5 amount specifically appropriated for providing 6 payments under such paragraph during its pe- 7 riod of availability. 8 ‘‘(D) FREQUENCY OF PAYMENTS.—The 9 Director may make payments under paragraph 10 (1) in a lump sum payment or through multiple 11 payments, including, subject to subparagraph 12 (A), payments occurring in more than one year. 13 ‘‘(3) REGULATIONS.— 14 ‘‘(A) IN GENERAL.—The Director shall 15 prescribe regulations to carry out this sub- 16 section. 17 ‘‘(B) ELEMENTS.—The regulations pre- 18 scribed under subparagraph (A) shall be con- 19 sistent with this subsection and section 2 of the 20 HAVANA Act of 2021, and include regulations 21 detailing fair and equitable criteria for payment 22 under paragraph (1). 23 ‘‘(4) NO EFFECT ON OTHER BENEFITS.—Pay- 24 ments made under paragraph (1) are supplemental 25 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3356 IH to any other benefit furnished by the United States 1 Government for which a covered dependent, covered 2 employee, or covered individual is entitled, and the 3 receipt of such payments may not affect the eligi- 4 bility of such a person to any other benefit furnished 5 by the United States Government.’’. 6 (b) APPLICABILITY.—Payment under subsection (d) 7 of such section, as added by subsection (a) of this section, 8 may be made available for a qualifying injury to the brain 9 that occurs before, on, or after the date of the enactment 10 of this Act, as the Director of the Central Intelligence 11 Agency considers appropriate. 12 (c) CLARIFYING AMENDMENT.—Section 19A(b) of 13 the Central Intelligence Agency Act of 1949 (50 U.S.C. 14 3519b(b)) is amended, in the subsection heading, by in- 15 serting ‘‘TOTAL DISABILITY RESULTING FROM’’ before 16 ‘‘CERTAIN INJURIES’’. 17 (d) REPORTS.— 18 (1) REPORT ON USE OF AUTHORITY.— 19 (A) IN GENERAL.—Not later than one year 20 after the date of the enactment of this Act, the 21 Director of the Central Intelligence Agency 22 shall submit to the appropriate congressional 23 committees a report on the use of the authority 24 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3356 IH provided by section 19A(d) of such Act, as 1 added by subsection (a) of this section. 2 (B) CONTENTS.—The report submitted 3 under subparagraph (A) shall include the fol- 4 lowing: 5 (i) A budget or spend plan for the use 6 of the authority described in subparagraph 7 (A) for the subsequent fiscal year. 8 (ii) Information relating to the use of 9 the authority described in subparagraph 10 (A) for the preceding year, including the 11 following: 12 (I) The total amount expended. 13 (II) The number of covered de- 14 pendents, covered employees, and cov- 15 ered individuals for whom payments 16 were made. 17 (III) The amounts that were pro- 18 vided to each person described in sub- 19 clause (II). 20 (iii) An assessment of whether addi- 21 tional authorities are required to ensure 22 that covered dependents, covered employ- 23 ees, and covered individuals can receive 24 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3356 IH payments for qualifying injuries, such as a 1 qualifying injury to the back or heart. 2 (C) FORM.—The report submitted under 3 subparagraph (A) shall be submitted in classi- 4 fied form. 5 (2) REPORT ON ESTIMATED COSTS FOR FISCAL 6 YEAR 2023.—Not later than March 1, 2022, the Di- 7 rector shall submit to the appropriate congressional 8 committees a report detailing an estimate of the ob- 9 ligation that the Director expects to incur in pro- 10 viding payment under section 19A(d) of such Act, as 11 added by subsection (a) of this section, in fiscal year 12 2023. 13 (3) REPORT ON FEASIBILITY OF MODIFICA- 14 TIONS TO PROGRAM.—Not later than 270 days after 15 the date of the enactment of this Act, the Director 16 shall submit to the appropriate congressional com- 17 mittees a report on the feasibility of the Central In- 18 telligence Agency adopting a disability benefits pro- 19 gram similar to the disability benefits program of 20 the Department of Defense. 21 (e) REGULATIONS.— 22 (1) IN GENERAL.—Not later than 180 days 23 after the date of the enactment of this Act, the Di- 24 rector shall prescribe regulations required under sec- 25 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3356 IH tion 19A(d)(3)(A) of such Act, as added by sub- 1 section (a) of this section. 2 (2) NOTICE TO CONGRESS.—Not later than 210 3 days after the date of the enactment of this Act, the 4 Director shall submit to the appropriate congres- 5 sional committees the regulations prescribed in ac- 6 cordance with paragraph (1). 7 (f) 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 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3356 IH SEC. 3. AUTHORITY TO PAY PERSONNEL OF DEPARTMENT 1 OF STATE FOR CERTAIN INJURIES TO THE 2 BRAIN. 3 (a) IN GENERAL.—Section 901 of title IX of division 4 J of the Further Consolidated Appropriations Act, 2020 5 (22 U.S.C. 2680b) is amended— 6 (1) in subsection (f), by striking ‘‘subsection (a) 7 or (b)’’ both places it appears and inserting ‘‘sub- 8 section (a), (b), or (i)’’; and 9 (2) in subsection (h)— 10 (A) in paragraph (1), by striking ‘‘IN GEN- 11 ERAL.—This section’’ and inserting ‘‘ADJUST- 12 MENT OF COMPENSATION PROVISION.—Sub- 13 sections (a) and (b)’’; 14 (B) by redesignating paragraph (2) as 15 paragraph (3); and 16 (C) by inserting after paragraph (1) the 17 following new paragraph: 18 ‘‘(2) OTHER PAYMENT PROVISION.—Payment 19 under subsection (i) may be made available for a 20 qualifying injury that occurs before, on, or after the 21 date of the enactment of the HAVANA Act of 22 2021.’’; and 23 (3) by adding at the end the following new sub- 24 section: 25 ‘‘(i) OTHER INJURIES.— 26 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3356 IH ‘‘(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 either in 16 the order in which claims for such payments are 17 filed or on a pro-rata basis. 18 ‘‘(C) AMOUNTS OF PAYMENTS.—The total 19 amount of funding obligated for payments 20 under paragraph (1) may not exceed the 21 amount specifically appropriated for providing 22 payments under such paragraph during its pe- 23 riod of availability. 24 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3356 IH ‘‘(D) FREQUENCY OF PAYMENTS.—The 1 Secretary or other agency head may make pay- 2 ments under paragraph (1) in a lump sum pay- 3 ment or through multiple payments, including, 4 subject to subparagraph (A), payments occur- 5 ring in more than one year. 6 ‘‘(3) REGULATIONS.— 7 ‘‘(A) IN GENERAL.—The Secretary or 8 other agency head described in paragraph (1) 9 that provides payment under such paragraph 10 shall prescribe regulations to carry out this sub- 11 section. 12 ‘‘(B) ELEMENTS.—The regulations pre- 13 scribed under subparagraph (A) shall include 14 regulations detailing fair and equitable criteria 15 for payment under paragraph (1). 16 ‘‘(4) NO EFFECT ON OTHER BENEFITS.—Pay- 17 ments made under paragraph (1) are supplemental 18 to any other benefit furnished by the United States 19 Government for which a covered dependent, depend- 20 ent of a former employee, covered employee, former 21 employee, or covered individual is entitled, and the 22 receipt of such payments may not affect the eligi- 23 bility of such a person to any other benefit furnished 24 by the United States Government.’’. 25 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3356 IH (b) REPORTS.— 1 (1) REPORTS ON USE OF AUTHORITY.— 2 (A) IN GENERAL.—Not later than 365 3 days after the date of the enactment of this 4 Act, the Secretary of State and each other 5 agency head that makes a payment under sub- 6 section (i) of section 901 of title IX of division 7 J of the Further Consolidated Appropriations 8 Act, 2020 (22 U.S.C. 2680b), as added by sub- 9 section (a) of this section, shall submit to the 10 appropriate congressional committees a report 11 on the use of the authority provided by such 12 subsection (i). 13 (B) CONTENTS.—Each report submitted 14 under subparagraph (A) shall include the fol- 15 lowing: 16 (i) A budget or spend plan for the use 17 of the authority described in subparagraph 18 (A) for the subsequent fiscal year. 19 (ii) Information relating to the use of 20 the authority described in subparagraph 21 (A) for the preceding year, including the 22 following: 23 (I) The total amount expended. 24 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H3356 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3356 IH (II) The number of covered de- 1 pendents, covered employees, and cov- 2 ered individuals for whom payments 3 were made. 4 (III) The amounts that were pro- 5 vided to each person described in sub- 6 clause (II). 7 (iii) An assessment of whether addi- 8 tional authorities are required to ensure 9 that covered dependents, covered employ- 10 ees, and covered individuals can receive 11 payments for qualifying injuries, such as a 12 qualifying injury to the back or heart. 13 (C) FORM.—The report submitted under 14 subparagraph (A) shall be submitted in classi- 15 fied form. 16 (2) REPORTS ON ESTIMATED COSTS FOR FIS- 17 CAL YEAR 2023.—Not later than March 1, 2022, the 18 Secretary of State and each other agency head that 19 makes a payment under subsection (i) of section 901 20 of title IX of division J of the Further Consolidated 21 Appropriations Act, 2020 (22 U.S.C. 2680b), as 22 added by subsection (a) of this section, shall submit 23 to the appropriate congressional committees a report 24 detailing an estimate of the obligation that the Di- 25 VerDate Sep 11 2014 00:43 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3356.IH H33 [Text truncated for display. Full text available on Congress.gov.]