Sec. 3. Authority to pay personnel of Department of State for certain injuries to the brain
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In this section: The term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. 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).
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). 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). 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).
Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ) is amended— in subsection (f), by striking subsection
(a)or
(b)both places it appears and inserting subsection (a), (b), or
(i); and in subsection (h)— in paragraph (1), by striking and inserting In general .—This section ; Adjustment of compensation provision .—Subsections
(a)and
(b)by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following new paragraph: 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 by adding at the end the following new subsection: In this subsection: 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. 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. 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. 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. 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. 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. Payments under paragraph
(2)using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. 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. The Secretary or other agency head described in paragraph
(2)that provides payment under such paragraph shall prescribe regulations to carry out this subsection. The regulations prescribed under subparagraph
(A)shall include regulations detailing fair and equitable criteria for payment under paragraph (2). . 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). Each report submitted under subparagraph
(A)shall include the following: A budget or spend plan for the use of the authority described in subparagraph
(A)for the subsequent fiscal year. Information relating to the use of the authority described in subparagraph
(A)for the preceding year, including the following: The total amount expended. The number of covered dependents, covered employees, and covered individuals for whom payments were made. The amounts that were provided to each person described in subclause (II). 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. The report submitted under subparagraph
(A)shall be submitted in classified form. 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. 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. 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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Sec. 3
Authority to pay personnel of Department of State for certain injuries to the brain
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