[117th Congress Public Law 46]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 391]]
Public Law 117-46
117th Congress
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. <<NOTE: Oct. 8, 2021 - [S. 1828]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Helping American
Victims Afflicted by Neurological Attacks Act of 2021.>>
SECTION 1. <<NOTE: 22 USC 2651 note.>> 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. <<NOTE: 50 USC 3519b note.>> 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.--
[[Page 135 STAT. 392]]
``(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) <<NOTE: 50 USC 3519b note.>> 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) <<NOTE: Budget. Spend plan.>> 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.
[[Page 135 STAT. 393]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: Deadlines. 50 USC 3519b note.>> 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) <<NOTE: 22 USC 2680b note.>> 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
[[Page 135 STAT. 394]]
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.--
[[Page 135 STAT. 395]]
``(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) <<NOTE: Budget. Spend plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Classified information.>> 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
[[Page 135 STAT. 396]]
(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) <<NOTE: Deadlines. 22 USC 2680b note.>> 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).
Approved October 8, 2021.
LEGISLATIVE HISTORY--S. 1828:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
June 7, considered and passed Senate.
July 26, Sept. 21, considered and passed House.
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