[Congressional Record Volume 167, Number 130 (Monday, July 26, 2021)]
[House]
[Pages H3854-H3857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELPING AMERICAN VICTIMS AFFLICTED BY NEUROLOGICAL ATTACKS ACT OF 2021
Mr. CASTRO of Texas. Mr. Speaker, I move to suspend the rules and
pass the 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.
The Clerk read the title of the bill.
The text of the bill is 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 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
[[Page H3855]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Castro) and the gentleman from Texas (Mr. McCaul) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Castro).
General Leave
Mr. CASTRO of Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include extraneous material on S. 1828.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. CASTRO of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of S. 1828, the HAVANA Act of
2021, and I urge my colleagues to support its passage.
America's diplomats and intelligence professionals are the best in
the world, dedicating their lives to public service to protect the
American people and promote the interests of the United States.
As citizens, we are in their debt. As lawmakers, we also have a
responsibility to protect their health and safety, making sure that
they have the resources they need to do their jobs effectively and
providing them with the necessary support if they are harmed in the
line of duty.
That is why the HAVANA Act is such a critical piece of legislation.
The incidents behind the so-called Havana syndrome are still under
investigation and have affected American personnel at U.S. missions
around the world, from Cuba, where the incidents first surfaced, and
then reportedly to China, Europe, Central Asia, and even potentially
here in Washington, D.C. It is imperative that the State Department,
working in conjunction with the intelligence community, the Department
of Defense, and other interagency partners and allies, get to the
bottom of what caused these events, how best to deter them from
happening in the future, and how best to protect our people.
While I am confident that the Biden administration is working hard to
advance these investigations, Congress must also do its part,
especially when it comes to helping those who have been directly
impacted.
The HAVANA Act ensures that the United States' diplomats and
intelligence professionals are appropriately taken care of and
compensated for injuries they incurred in connection with these events,
fixing an important gap in existing law. I am very glad this important
legislation will provide necessary supplemental funds to those who have
been affected while in no way touching on any other benefits that come
with Federal employment. This is a good, bipartisan measure, and I
commend our Senate colleagues, especially Senators Collins and Mark
Warner, for sending it over to us in the House today.
The HAVANA Act, which the Senate unanimously passed, is the companion
to legislation that Chairman Adam Schiff introduced alongside Chairman
Gregory Meeks. As the only Democratic Member who serves on both the
[[Page H3856]]
Permanent Select Committee on Intelligence and the Committee on Foreign
Affairs, I deeply appreciate the contributions and sacrifices of our
diplomats and intelligence professionals who are working hard to defend
our national security.
Mr. Speaker, I urge my colleagues to support the HAVANA Act, and I
reserve the balance of my time.
{time} 1430
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, around the world, America and American personnel are
being attacked in their homes, in hotels, and even on public streets.
For most, it starts with what seems like a loud noise that is followed
by pain or a sense of pressure in the head. Many are left with chronic
damage, including hearing loss, vertigo, cognitive and motor
impairment, severe headaches, and inability to sleep.
In the words of a recent press report, our diplomats are suffering a
``concussion without a concussion.''
The Senate-passed bill before us today provides important authority
to assist these brain injury victims, and it deserves our unanimous
support. But we all must do more.
Unfortunately, these attacks have continued and spread. First, it
started in Havana in late 2016 and spread to China in 2017. Two months
ago, press reports described more than 130 possible cases all over the
world, including right here in Washington, D.C. Just last week, two
dozen new cases among U.S. personnel in Vienna were revealed. Simply
put, this is kind of scary stuff.
The people who serve our Nation overseas are generally worried for
themselves and their families, and they need to know that we have their
backs. When the prior administration pulled our personnel out of Havana
4 years ago, they said: ``Numerous Embassy Havana employees have been
targeted in specific attacks. These employees have suffered significant
injuries as a consequence of these attacks.''
In contrast, President Biden has refused to call these what they are,
attacks on U.S. personnel. Secretary of State Tony Blinken publicly
said perhaps no one is responsible for causing these injuries.
I will tell you, from my briefings and briefings in another annex,
that is absolutely incorrect. We may not be able to fill in all the
blanks yet, but we know too much to dismiss these attacks as
unexplained health incidents.
Four years ago, medical experts convened by the State Department
agreed victims were likely dealing with brain trauma from a nonnatural
source, and the evidence has only grown more conclusive since then.
Last year, the National Academy of Sciences said that directed, pulsed
radio frequency energy is most likely the cause. According to the NAS,
the situation raises grave concerns about bad actors who may have
weapons.
While we must assist victims with today's bill, we must do more. We
must call these heinous attacks what they are. They are attacks, and
the people attacking us need to know the consequences will be severe
when we find out who they are and when we get the attribution.
Otherwise, we aren't doing what we can do to deter future attacks. The
men and women who serve our Nation overseas deserve no less.
I have prepared a bill to do just that, which I will be introducing
this week.
I thank Chairman Meeks and our Intelligence Committee colleagues for
their bipartisan work on the HAVANA Act, which I strongly support.
Mr. Speaker, I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Schiff), the chairman of the House Permanent
Select Committee on Intelligence.
(Mr. SCHIFF asked and was given permission to revise and extend his
remarks.)
Mr. SCHIFF. Mr. Speaker, I rise in strong support of the HAVANA Act.
I was proud to introduce this legislation in the House, and I
appreciate the continued support from Ranking Member Nunes, Chairman
Meeks, and Ranking Member McCaul in moving this legislation through the
House and to the President's desk.
Every day, thousands of patriotic Americans serve our country abroad,
representing our values and interests across the globe. They are
diplomats, soldiers, intelligence officers, and more. But we must never
forget they are also mothers and fathers, sisters and brothers, and
sons and daughters who routinely make tremendous personal sacrifices in
service of their country.
In return for their service to our Nation, we have a sacred
responsibility to make sure that we take care of them. That is what
this bill does.
Over the past several years, public servants from the intelligence
community and elsewhere have experienced symptoms of unknown origins.
These cases, which have been described as Havana syndrome or anomalous
health incidents, named for the cohort whose symptoms onset in Havana,
remain a mystery.
But two things are clear. First, we must spare no effort to identify
their source and to hold anyone responsible accountable. Second, we
must ensure that those who are injured receive the highest quality of
care and the benefits that they need as they recover.
The HAVANA Act does just that. It would adjust and expand the
authority we gave to the intelligence community and the State
Department in 2019 to provide compensation for those experiencing these
injuries to also include those suffering from traumatic brain injuries.
Members of both parties have united behind this critical legislation to
provide benefits to afflicted individuals.
Even as we pass this legislation, our work is not done. On a
bipartisan basis, the Intelligence Committee has continued to provide
vigorous oversight of how individuals experiencing these health
incidents were treated and how they are being treated today. We will
continue to prioritize this issue and put our people first.
Mr. Speaker, I thank my colleagues, Mr. Castro and Mr. McCaul, for
their efforts.
Mr. McCAUL. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Nunes), the ranking member of the
Permanent Select Committee on Intelligence and the coauthor of the
House version of this bill.
Mr. NUNES. Mr. Speaker, I thank the gentleman from Texas for his work
on this bill and my colleagues on the Senate side and the House side.
I rise in strong support of this legislation. When intelligence
community officers risk their health and safety in service of their
country, they need to know they will receive the full support of the
United States Government if they are injured. That assurance is crucial
for the officers' ability to carry out their missions.
As the public now knows, our officers have been the victims of
targeted attacks around the globe. I want to say upfront that these
incidents are real, and the officers' accounts are credible.
Victims have described the sudden onset of symptoms, such as intense
head pressure, dizziness, vertigo, and cognitive difficulties. Some
incidents have resulted in traumatic brain injuries, debilitating pain,
and other serious health issues. Many victims continue to experience
chronic health problems and require sustained treatment.
Over the past several months, we have been looking into these
incidents. In my view, there are three objectives. The first is to
determine the best way to help these officers and their families. The
second is to find out who is perpetrating these attacks. The third is
to conduct strong oversight of our agencies and make the necessary
changes to achieve the first two objectives. That will require vigorous
effort, but I am committed to uncovering the truth.
The bill we are considering today takes important steps to assist the
victims of these attacks and ensure that our people will be compensated
for their brain injuries. It builds on legislation we passed last
Congress to improve worker's compensation for certain personnel and
their dependents.
Some have called the legislation technical, which it is, but it is,
nevertheless, vital. Patriotic Americans serving to promote and protect
our freedoms deserve our gratitude and full support.
The Senate has already passed this bill by unanimous consent. I fully
support it, and I urge my colleagues on both sides of the aisle to do
the same.
[[Page H3857]]
Mr. CASTRO of Texas. Mr. Speaker, I have no further requests at this
time, and I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I am prepared to close, and I yield myself
such time as I may consume.
First, I thank the chairman of the House Intelligence Committee and
the ranking member, Mr. Nunes, for their strong support of this bill.
It is very important.
I will be introducing a bill next week on this, and I hope to work
with the House Intelligence Committee on that as well.
I am very concerned the administration may be planning to send U.S.
personnel back to our Havana Embassy. I just got off of a big rally
across the street from the White House with a lot of Cubans. They are
searching for freedom and democracy over tyranny, oppression, and
communism.
But our personnel, we can't send them back until we can say who or
what caused these brain injuries that prompted the Trump administration
to pull our people out of there for their own safety in 2017.
Over these last few weeks, the world has watched Cuba's brutal police
state in action. The Venezuelan military is there as well, silencing
people just for exercising freedom of speech, which they don't have
under a communist dictatorship.
The same surveillance system that tracks dissidents and censors the
internet has been unwilling to share necessary information about these
attacks against Americans. I have no doubt that Cuban intelligence is
involved in this.
If the administration sends U.S. personnel back to Havana without
holding the regime accountable, all American diplomats are at risk.
Again, I support this bipartisan HAVANA Act. I urge my colleagues to
support it as well. I think these men and women, both State Department
diplomats and our intelligence officers, deserve better from our
Nation. They need to receive the proper care that they deserve.
Again, I thank Chairman Meeks and the Intelligence Committee, and I
look forward to its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. CASTRO of Texas. Mr. Speaker, I yield myself as much time as I
may consume for the purpose of closing.
Mr. Speaker, I believe it is imperative that we, as the elected
representatives of the American people, working with the executive
branch, get to the bottom of exactly who is behind these events, why
they are occurring, and how to stop them.
But we must also make sure to do our part to take care of the public
servants who put themselves on the line every day for our own
interests.
I want to say thank you to the President, to the Secretary of State,
and to the State Department for taking these cases seriously, for
listening to the families and all the trauma that they have gone
through, and for showing them nothing but the utmost respect.
This bill is an excellent contribution to this effort, and I look
forward to working on a bipartisan basis on this critical issue going
forward.
I thank Chairman Schiff for his hard work, and I ask all of my
colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Castro) that the House suspend the rules and
pass the bill, S. 1828.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BIGGS. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________