S. 1828Senate117th Congress (2021-2023)Enacted

HAVANA Act of 2021

Introduced May 25, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:29 AM UTC

The HAVANA Act of 2021 adds a new payment authority for the Central Intelligence Agency and the Department of State to provide compensation to employees, dependents, and other covered individuals who suffer qualifying brain injuries. It sets up rules for how the payments are funded, regulated, and reported, affecting CIA and State Department personnel and their families.

Key Provisions

  • Amends the CIA Act of 1949 to let the CIA Director pay covered employees, dependents, and individuals for qualifying brain injuries, using funds appropriated specifically for that purpose.
  • Requires the CIA Director to issue regulations defining fair criteria for payments and to submit classified annual reports on usage, spending, and future needs.
  • Adds a similar payment authority to the Department of State, allowing the Secretary of State (or other agency heads) to compensate covered personnel for qualifying brain injuries, with the same appropriations limits.
  • Mandates that the State Department and other agencies issue regulations and submit classified reports on payment usage, spending, and cost estimates for FY2023.
  • Sets timelines: regulations must be issued within 180 days of enactment and reported to Congress within 210 days; annual reports are due within 365 days of enactment.

Legislative Activity

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18 earlier actions
Became Law Latest Action

Became Public Law No: 117-46.

October 8, 2021

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SenateIntro Referral

Introduced in Senate

May 25, 2021

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

May 25, 2021

SenateCommittee

Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.(consideration: CR S3963-3965)

June 7, 2021

SenateDischarge

Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent. (consideration: CR S3963-3965)

June 7, 2021

SenateFloor

Passed Senate without amendment by Unanimous Consent. (text: CR S3963-3965)

June 7, 2021

SenateFloor

Message on Senate action sent to the House.

June 8, 2021

HouseFloor

Received in the House.

June 11, 2021 • 11:33 AM

HouseFloor

Held at the desk.

June 11, 2021 • 11:53 AM

HouseFloor

Mr. Castro (TX) moved to suspend the rules and pass the bill.

July 26, 2021 • 2:27 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3854-3857)

July 26, 2021 • 2:27 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 1828.

July 26, 2021 • 2:27 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

July 26, 2021 • 2:42 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4576-4577)

September 21, 2021 • 6:23 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 427 - 0 (Roll no. 265).(text: 07/26/2021 CR H3854-3855)

September 21, 2021 • 6:48 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 427 - 0 (Roll no. 265). (text: 07/26/2021 CR H3854-3855)

September 21, 2021 • 6:48 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 21, 2021 • 6:48 PM

President

Presented to President.

September 27, 2021

Became Law

Signed by President.

October 8, 2021

Became Law

Became Public Law No: 117-46.

October 8, 2021

Floor Debate

7 members

What members said about S. 1828 on the floor

4 Republicans3 Democrats
Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Jul 26, 2021

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…

Joaquin Castro
Rep. Joaquin CastroD-TX-20 · Jul 26, 2021

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…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-28 · Jul 26, 2021

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…

Devin Nunes
Rep. Devin NunesR-CA-22 · Jul 26, 2021

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…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 7, 2021

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…

Show 2 more
Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Sep 21, 2021

Mr. Speaker, had I been present, I would have voted ``nay'' on rollcall No. 263, ``nay'' on rollcall No. 264, and ``yea'' on rollcall No. 265.

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Jul 26, 2021

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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One Hundred Seventeenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one

S. 1828

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.

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.

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.

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