HAVANA Act of 2021 (S. 1828)

Summary

Allows the government to pay CIA and State Department workers and their families who suffer from certain brain injuries because of their work.

What problem does this solve?

Government workers and their families were suffering from strange brain injuries with no clear way to get financial help. This law creates a way for the CIA and State Department to pay these individuals for their qualifying brain injuries.

What does this law do?

Authorizes payments for brain injuries

Allows the Director of the CIA and the Secretary of State to provide payments to their employees, their family members, and other covered individuals who suffer a 'qualifying injury to the brain'.

Applies to past and future injuries

Makes payments available for brain injuries that happened before, on, or after the law was passed, as deemed appropriate by the agency head.

Requires specific funding from Congress

States that payments can only be made using money that Congress specifically sets aside for this purpose in a given year. Payments will be made on a first-come, first-served or pro-rata basis.

Mandates creation of payment rules

Requires the CIA and State Department to create regulations with fair and equitable criteria for deciding who gets payments and how much they receive.

Requires reports to Congress

Directs the CIA and State Department to report to Congress on how the payment authority is used, including how much was spent and how many people received payments.

Expands eligibility beyond foreign posts

Removes the requirement that an injury must occur in a foreign country. This allows personnel injured at any duty station to be eligible for payment.

Who does this affect?

Central Intelligence Agency (CIA) personnel and their families
Department of State personnel and their families
Other U.S. government employees and their families

What is the real world impact?

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Provides support for affected personnel

Offers financial payments to government employees and their families who have suffered from mysterious brain injuries, often called 'Havana Syndrome,' while serving the country.

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Boosts morale for government workers

Improves morale and retention within the intelligence and diplomatic communities. It shows that the government will take care of its people if they are harmed during their service.

When does this start?

This law became effective on October 8, 2021, and includes several deadlines for agencies to take action.

Agency regulations created

By April 6, 2022 (180 days after enactment), the CIA and State Department must create the rules for how payments will be made.

Regulations sent to Congress

By May 6, 2022 (210 days after enactment), the agencies must send their new payment regulations to Congress.

Report on spending and usage

By October 8, 2022 (365 days after enactment), the agencies must report to Congress on how they have used the payment authority.

Report on future cost estimates

By March 1, 2022, the agencies had to send Congress a report estimating how much money they would need for these payments in fiscal year 2023.