[Congressional Record Volume 167, Number 98 (Monday, June 7, 2021)]
[Senate]
[Pages S3963-S3965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELPING AMERICAN VICTIMS AFFLICTED BY NEUROLOGICAL ATTACKS ACT OF 2021
Mr. SCHUMER. Madam President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs be discharged
from further consideration of S. 1828 and the Senate proceed to its
immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1828) 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.
There being no objection, the committee was discharged and the Senate
proceeded to consider the bill.
Mr. SCHUMER. Madam President, I ask unanimous consent that the bill
be considered read a third time and passed and the motion to reconsider
be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1828) was ordered to be engrossed for a third reading,
was read the third time, and passed as follows
S. 1828
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
[[Page S3964]]
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.
[[Page S3965]]
(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).
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