[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.