Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38981 

By the Commission. 

Dated: June 23, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–13936 Filed 6–29–22; 8:45 am] 

BILLING CODE 8011–01–C 

DEPARTMENT OF STATE 

22 CFR Part 135 

[Public Notice: 11720] 

RIN 1400–AF52 

Implementation of HAVANA Act of 

2021 

AGENCY: Department of State. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This rule provides 

implementation by the Department of 

State (the Department) of the HAVANA 

Act of 2021. The Act provides authority 

for the Secretary of State and other 

agency heads to provide payments to 

certain individuals who have incurred 

qualifying injuries to the brain. This 

rule covers current and former 

Department of State employees, and 

dependents of current or former 

employees. 

DATES: 

Effective date: This interim final rule 

is effective August 15, 2022. 

Comment due date: The Department 

of State will accept comments on this 

interim final rule until August 1, 2022. 

ADDRESSES: Interested parties may 

submit comments by one of the 

following methods: 

• Email: AHIRule@state.gov with the 

subject line, HAVANA ACT RULE. 

• Internet: At www.Regulations.gov, 

search for this document using Docket 

DOS–2022–0016. 

Note that all submissions to 

regulations.gov are public, and the 

Department cannot edit the comments 

to remove personal information. If you 

have any concern about your comment 

being viewed by the public, please use 

the email option above. 

FOR FURTHER INFORMATION CONTACT: 

Susan Ware Harris, Senior Advisor, 

Health Incidents Response Task Force 

HARuleInfo@state.gov. 

SUPPLEMENTARY INFORMATION: This rule 

implements the HAVANA Act of 2021, 

Public Law 117–46, codified in 22 

U.S.C. 2680b(i). 

Background and Authority—§ 135.1 

On December 20, 2019, Congress gave 

authority (Pub. L. 116–94, Division J, 

Title IX, section 901) (codified in 22 

U.S.C. 2680b) to the Department of State 

to pay benefits to employees and their 

dependents for injuries suffered in Cuba 

or China after January 1, 2016, in 

connection with certain hostile or other 

incidents designated by the Secretary of 

State. These benefits were limited to 

State Department employees only (i.e., 

not other employees under Chief of 

Mission (COM) authority). The 

Department implemented this authority 

in the Foreign Affairs Manual (FAM), 3 

FAM 3660. 

On January 1, 2021, Congress 

amended this law (Pub. L. 116–283, div. 

A, title XI, section 1110), authorizing 

other federal government agencies (such 

as the Department of Agriculture) to 

provide benefits to their own employees 

under COM authority who suffered 

similar injuries. 

On October 8, 2021, the ‘‘Helping 

American Victims Affected by 

Neurological Attacks’’ (HAVANA) Act 

of 2021 became law (Pub. L. 117–46). In 

this latest Act, Congress authorized 

federal government agencies to 

compensate affected current employees, 

former employees, and their dependents 

for qualifying injuries to the brain. This 

law requires the Department (and other 

agencies) to ‘‘prescribe regulations’’ 

implementing the HAVANA Act not 

later than 180 days after the effective 

date of the Act. Section 3 of the 

HAVANA Act of 2021 removed the 

requirement in Public Law 116–94, 

Division J, Title IX, Section 901, that the 

qualifying injury occur in ‘‘the Republic 

of Cuba, People’s Republic of China, or 

other foreign country designated by the 

Secretary of State’’ for the purpose of 

making a payment under the HAVANA 

Act. This interim final rule only 

implements the HAVANA Act of 2021. 

The regulation herein applies only to 

current and former employees of the 

Department of State, and dependents of 

current or former employees, as defined 

in § 135.2 of this rule. (Current 

employees will also continue to be 

covered by 3 FAM 3660 and its 

subchapters.) Upon publication of this 

rule, the Department will add a new 

subsection in 3 FAM 3660.It is the 

Department’s position that each federal 

agency seeking to provide benefits to an 

employee, former employee, or 

dependent of a current or former 

employee must implement its own 

authorizing regulations. 

Definitions—§ 135.2 

The rule follows the definitional 

template provided in the HAVANA Act 

and its predecessors. The rule defines 

certain categories of individuals as 

employees (and thus covered under the 

Foreign Affairs Manual), as well as 

those who are not considered 

employees. 

With respect to covered employees, 

this rule maintains the previous 

statutory requirement that the qualifying 

injury occurred on or after January 1, 

2016. Similarly, with respect to 

dependents, this rule maintains the 

previous statutory requirement that the 


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38982 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

qualifying injury occurred on or after 

January 1, 2016, while the employee 

sponsor was a covered employee of the 

Department of State. Since geographical 

restrictions have been removed by the 

HAVANA Act for the purpose of making 

a payment under the Act, this rule 

defines ‘‘covered dependent’’ as any 

family member of a Department current 

or former employee, without any 

restriction on where the Department 

employee was posted. The rule uses the 

Department’s definition of ‘‘eligible 

family member’’ in 14 FAM 511.3 to 

define ‘‘dependent’’, as set out below. 

The term ‘‘covered employee’’ 

captures Department of State Foreign 

Service Officers; Department of State 

Foreign Service Specialists; Department 

of State Civil Service employees; 

Consular Affairs—Appointment Eligible 

Family Member Adjudicator positions; 

Expanded Professional Associates 

Program members; Family Member 

Appointments; Foreign Service Family 

Reserve Corps; employees on Limited 

Non-Career Appointments; Temporary 

Appointments; personnel hired on a 

Personal Services Contract; and Locally 

Employed Staff, whether employed on a 

Personal Services Agreement, Personal 

Services Contract, or appointed to the 

position. 

The term ‘‘covered individual’’ 

captures any former employee of the 

Department (including retired or 

separated employees) who, on or after 

January 1, 2016, became injured by 

reason of a qualifying injury to the brain 

while they were a covered employee of 

the Department. 

The term ‘‘covered dependent’’ 

captures a family member of a 

Department current or former employee 

who, on or after January 1, 2016, 

becomes injured by reason of a 

qualifying injury to the brain while the 

dependent’s sponsor was a covered 

employee of the Department. For 

purposes of determining whether 

someone is a covered dependent, the 

term ‘‘family members’’ includes 

unmarried children under 21 years of 

age (or certain other children); parents; 

sisters and brothers; and spouse. Stepparents and step-siblings are included 

in the definition. 

The definition of ‘‘qualifying injury to 

the brain’’ is based on current medical 

practices related to brain injuries. 

Further, the injury must have occurred 

in connection with certain hostile acts, 

including war, terrorist activity, or other 

incidents designated by the Secretary of 

State, and must not have been the result 

of the willful misconduct of the covered 

individual. The individual must have: 

an acute injury to the brain such as, but 

not limited to, a concussion, penetrating 

injury, or as the consequence of an 

event that leads to permanent 

alterations in brain function as 

demonstrated by confirming correlative 

findings on imaging studies (to include 

computed tomography scan (CT), or 

magnetic resonance imaging scan 

(MRI)), or electroencephalogram (EEG); 

or a medical diagnosis of a traumatic 

brain injury (TBI) that required active 

medical treatment for 12 months or 

more; or acute onset of new persistent, 

disabling neurologic symptoms as 

demonstrated by confirming correlative 

findings on imaging studies (to include 

CT, MRI), EEG, physical exam, or other 

appropriate testing, and that required 

active medical treatment for 12 months 

or more. 

In developing this definition, the 

Department consulted with the chief 

medical officers at other Federal 

agencies, and experts at civilian medical 

centers of excellence. There is no ICD– 

10 diagnostic code or criteria for AHIs 

(International Classification of Diseases, 

Tenth Revision, Clinical Modification 

(ICD–10–CM)). Because of the varied 

symptoms and still-nascent 

understanding of how to test or 

otherwise screen for AHI impacts, the 

Department sought to establish a 

standard that it believes will be broadly 

inclusive of the types of injuries that 

have been reported by covered 

individuals to date. 

The first component of the definition 

in § 135.2 ‘‘Qualifying injury to the 

brain’’ (paragraph (2)(a)) accounts for a 

variety of observable impacts to an 

individual, including either a 

concussion, a penetrating injury, or 

absent either of those, the ability of an 

ABPN-certified neurologist to review 

one of a variety of forms of medical 

imaging evidence indicating permanent 

alterations in brain function. The 

Department’s goal with this standard is 

to ensure there is some documented 

evidence of impact to the brain, while 

minimally circumscribing what that 

impact entails. The second and third 

components of the definition 

(paragraphs (2)(b) and (c) of the 

definition), only one of which must be 

satisfied, are intended to provide 

multiple avenues for demonstrating 

sustained, long-term impact to the 

individual. The Department believes 

that this benefit is intended for 

individuals who experience long-term 

consequences, potentially to include 

their inability to gainfully work, as a 

result of their reported possible AHI. 

Establishing a 12-month threshold of 

active medical treatment is indicative of 

a long-term injury. For example, the 

CDC broadly defines chronic diseases 

‘‘as conditions that last 1 year or more 

and require ongoing medical attention 

or limit activities of daily living or 

both.’’ 

The Department notes that in 

adopting this definition, there may be 

eligible applicants who have suffered 

kinetic or external, physically-caused 

injuries to the brain such as the head 

being struck by an object, the head 

striking an object, the brain undergoing 

an acceleration or deceleration 

movement, or forces generated from 

events such as a blast or explosion, 

including penetrating injuries, if their 

injuries satisfy the other requirements of 

this rule. 

The American Board of Psychiatry 

and Neurology (ABPN) remains the sole 

neurology board in the United States, 

maintaining strict professional 

requirements for membership. As such, 

the Department of State endorses this 

industry certification as the clinical 

standard for a neurologist upon 

evaluation of a qualifying injury to the 

brain. 

The definition of ‘‘other incident’’ is 

a new onset of physical manifestations 

that cannot otherwise be explained. The 

Department notes that it maintains a 

non-public list of potential incidents 

based on internal reports it has collected 

from personnel and their dependents 

since 2016. While the Department 

believes this list to be reflective of 

known incidents to-date, the 

Department will work with any 

requestor upon submission of the DS– 

4316 (‘‘Eligibility Questionnaire for 

HAVANA Act Payments’’) to determine 

whether or not their alleged incident 

aligns with the Department’s record of 

‘‘other incidents.’’ 

Eligibility for Payments—§ 135.3 

The Department will communicate 

with its entire workforce to inform them 

of the rule, regulations, and process for 

requesting payment The Department 

will work together with potential 

recipients to provide the necessary 

documentation to qualify for payment. 

In the majority of cases, potentially 

affected personnel are already known to 

the Department due to internal reporting 

after individuals experienced what they 

believe to be an AHI. While the 

Department believes these efforts will 

ensure all potential requestors will be 

able to identify themselves to the 

Department and begin the process of 

requesting a payment, the DS–4316, the 

form associated with developing the 

necessary evidence to submit a claim, 

will also be publicly hosted on State’s 

eForms website with instructions on 

how to contact the Department if a 

requestor believes they are eligible for a 

HAVANA Act payment. 


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Section 135.3 states the conditions 

required before the Department will 

consider discretionary payments to 

former employees and dependents of 

current or former employees: the 

qualifying injury to the brain for a 

former employee must have occurred on 

or after January 1, 2016, and while the 

former employee was a covered 

employee of the Department; and for a 

dependent, the injury must have 

occurred on or after January 1, 2016, 

and while the dependent’s sponsor was 

a covered employee of the Department. 

The Under Secretary for Management 

must approve any HAVANA Act 

payment. 

As noted above, any payment to 

current Department employees will be 

processed using the procedures in 3 

FAM 3660 and its subchapters. 

Payments will be a one-time, nontaxable, lump sum payment, based on 

Level III of the Executive Schedule (see 

5 U.S.C. 5311 et seq.). The payment is 

non-taxable pursuant to 22 U.S.C. 

2680b(g). As indicated in § 135.3(e), in 

determining the amount of the payment, 

the Department will consider (1) the 

responses on the DS–4316, ‘‘Eligibility 

Questionnaire for HAVANA Act 

Payments’’ and (2) whether the 

Department of Labor (Workers’ 

Compensation) has determined that the 

requestor has no reemployment 

potential, or the Social Security 

Administration has approved the 

requestor for Social Security Disability 

Insurance, or the requestor’s ABPNcertified neurologist has certified that 

the individual requires a full-time 

caregiver for activities of daily living, as 

defined by the Katz Index of 

Independence of Daily Living. 

The award thresholds are based on 

Level III of the Senior Executive 

Schedule (SES). Base will be 75 percent 

of Level III pay, and Base+ will be 100 

percent of Level III pay. If the requestor 

meets any of the criteria listed in (e)(2) 

above, the requestor will be eligible to 

receive a Base+ payment. Requestors 

whose neurologists confirm that the 

definition of ‘‘qualifying injury to the 

brain’’ has been met but have not met 

any of the criteria listed in (e)(2) above, 

will be eligible to receive a Base 

payment. The criteria established in 

(e)(2) are reflective of the Department’s 

objective of ensuring that the 

individuals most severely affected by 

AHIs (as indicated by a lack of 

reemployment potential, an inability to 

engage in substantial gainful activity, or 

the need for a full-time caregiver) 

receive additional payment. The 

specific use of the Department of Labor 

(DOL) or the Social Security 

Administration’s (SSA) determination is 

to ensure that both federal employees as 

well as covered individuals and covered 

dependents have access to a mechanism 

for this determination. The Department 

recognizes that criteria DOL and SSA 

use in their disability determinations 

are distinct, as well as the fact that the 

procedural timelines for seeking and 

receiving approval may be different 

between these agencies. The third 

option, that an ABPN-certified 

neurologist certifies that the individual 

requires a full-time caregiver for 

activities of daily living (as defined by 

the Katz Index of Independence of Daily 

Living), provides an alternative 

mechanism for all individuals. Finally, 

the Department notes that if a requestor 

who received a Base payment later 

meets any of the criteria listed in (e)(2) 

above, the requestor may apply for an 

additional payment that will be the 

difference between the Base and Base+ 

payment. At the time of writing this rule 

(2022), a Base payment will be 

$140,475. A Base+ payment will be 

$187,300. As the payments are tied to 

the SES, the amounts will change over 

time based on increases to the Federal 

salary schedule. 

The specific use of Level III of the SES 

sets the compensation at the maximum 

annual salary potentially available to 

most of the federal workforce. While 

payments under the HAVANA Act may 

be on top of other leave, disability, or 

workers’ compensation payments the 

requestor is receiving or may be entitled 

to receive that also help augment any 

loss of income, the Department believes 

this is an appropriate additional 

payment. The Department also believes 

this amount is the most it can 

reasonably compensate each requestor 

while ensuring available funds for the 

total amount of requestors it believes 

will likely receive payments. The 

Department also notes that because 

payments are contingent on 

appropriated funds all payments will be 

paid out on a first come, first served 

basis. 

Consultations With Other Agencies— 

§ 135.4 

The Department of State will, to the 

extent possible, consult with the 

appropriate officials in other agencies to 

help identify personnel (current or 

former employees, or dependents) who 

served under Chief of Mission authority 

overseas and who might have suffered a 

qualifying injury to the brain on or after 

January 1, 2016. It will be the 

responsibility of the other agencies to 

publish regulations implementing the 

HAVANA Act and to provide payment 

for individuals affiliated with such 

agencies. 

Regulatory Analysis 

Administrative Procedure Act 

This rule is being published as an 

interim final rule. Because this rule is a 

matter relating to public benefits, it is 

exempt from the requirements of 5 

U.S.C. 553. See 5 U.S.C. 553(a)(2). Since 

the rule is exempt from the entirety of 

§ 553 pursuant to § 553(a)(2), the 

provisions of § 553(d) do not apply and 

the rule could be in effect upon 

publication. However, the Department 

has determined it will set an effective 

date of 45 days after publication. In 

addition, it is in the public interest for 

the rule to have an expeditious effective 

date. However, the Department is 

seeking comment from interested 

persons on the provisions of this Rule 

and will consider all relevant comments 

in determining whether additional 

rulemaking is warranted under the 

provisions of the HAVANA Act. 

Congressional Review Act 

The Office of Information and 

Regulatory Affairs (OIRA) in the Office 

of Management and Budget (OMB) has 

determined that this rule is not a major 

rule as defined by 5 U.S.C. 804 for the 

purposes of Congressional review of 

agency rulemaking under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801–808). 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 

year; and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Regulatory Flexibility Act: Small 

Business 

The Department of State certifies that 

this rulemaking will not have an impact 

on a substantial number of small 

entities. A regulatory flexibility analysis 

is not required under the Regulatory 

Flexibility Act (5 U.S.C. 601, et seq.). 


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Executive Order 12866 and Executive 

Order 13563 

The Department of State has provided 

this interim final rule to OMB for its 

review. OIRA has designated this rule as 

‘‘significant’’ under Executive Order 

12866. Potential causes of AHI are being 

investigated but remain unknown. 

Given the nature of the incidents, it is 

difficult to accurately estimate future 

incidents and numbers of individuals 

affected. For Fiscal Year (FY) 2022, the 

Department has estimated that it would 

pay up to $5.6 million to 40 people. For 

FY 2023, the estimated numbers are up 

to $10.7 million to 76 people. 

The Department has also reviewed the 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in Executive Order 12866 and 

finds that the benefits of the rule (in 

providing mechanisms for individuals 

to obtain compensation for certain 

injuries) outweigh any costs to the 

public, which are minimal. The 

Department of State has also considered 

this rulemaking in light of Executive 

Order 13563 and affirms that this 

proposed regulation is consistent with 

the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

this rule in light of Executive Order 

12988 to eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Orders 12372 and 13132 

This rule will not have substantial 

direct effect on the states, on the 

relationships between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to require consultations or warrant the 

preparation of a federalism summary 

impact statement. Executive Order 

12372, regarding intergovernmental 

consultation on federal programs and 

activities, does not apply to this 

regulation. 

Paperwork Reduction Act 

This rulemaking is related to an 

information collection for the Form DS– 

4316, ‘‘Eligibility Questionnaire for 

HAVANA Act Patients,’’ OMB Control 

Number 1405–0250. This collection was 

approved under an emergency 

authorization. The Form DS–4316 has 

been uploaded to this rule’s docket on 

Regulations.gov (please see ADDRESSES

section above). The Department invites 

public comment on the form and on the 

anticipated burden associated with it. 

The Department is pursuing a routine 

three-year approval from OIRA, 

including an intent to publish 60- and 

30-day Federal Register notices for 

public comment. 

List of Subjects in Part 135 

Government employees; Federal 

retirees; Health care. 

■ Accordingly, for the reasons stated in 

the preamble, the Department of State 

adds part 135 to Subchapter N of Title 

22, Code of Federal Regulations, to read 

as follows: 

PART 135—IMPLEMENTATION OF THE 

HAVANA ACT OF 2021 

Sec. 

135.1 Authority. 

135.2 Definitions. 

135.3 Eligibility for payments by the 

Department of State. 

135.4 Consultation with other agencies. 

Authority: 22 U.S.C. 2651a; 22 U.S.C. 

2680b. 

§ 135.1 Authority. 

(a) Under section 3 of the HAVANA 

Act of 2021 (Pub. L. 117–46), codified 

in 22 U.S.C. 2680b(i), the Secretary of 

State or other agency heads may provide 

a payment for a qualifying injury to the 

brain to a covered employee or covered 

dependent, who incurred a qualifying 

injury to the brain on or after January 1, 

2016. The authority to provide such 

payments is at the sole discretion of the 

Secretary or their designee. 

(b) These regulations are issued in 

accordance with 22 U.S.C. 2680b(i)(4) 

and also apply to former covered 

employees of the Department of State 

and their covered dependents. 

(c) For current employees of the 

Department of State (hereinafter, ‘‘the 

Department’’), applicable procedures are 

located in the Foreign Affairs Manual (3 

FAM 3660 and its subchapters). 

§ 135.2 Definitions. 

For purposes of this part, the 

following definitions apply: 

Covered employee. (1) An employee 

of the Department who, on or after 

January 1, 2016, becomes injured by 

reason of a qualifying injury to the 

brain. 

(2) The following are considered 

employees of the Department (see 

procedures in 3 FAM 3660 and its 

subchapters) for the purposes of this 

rule: Department of State Foreign 

Service Officers; Department of State 

Foreign Service Specialists; Department 

of State Civil Service employees; 

Consular Affairs—Appointment Eligible 

Family Member Adjudicator positions; 

Expanded Professional Associates 

Program members; Family Member 

Appointments; Foreign Service Family 

Reserve Corps; employees on Limited 

Non-Career Appointments; Temporary 

Appointments; personnel on a Personal 

Services Contract; and Locally 

Employed Staff, whether employed on a 

Personal Services Agreement, Personal 

Services Contract, or appointed to the 

position. 

(3) The following are not considered 

employees of the Department for 

purposes of these regulations (see 

§ 135.4): employees or retired 

employees of other agencies. 

Covered dependent: A family member 

of a Department current or former 

employee who, on or after January 1, 

2016, becomes injured by reason of a 

qualifying injury to the brain while the 

dependent’s sponsor was a covered 

employee of the Department. 

Covered individual: A former 

employee of the Department who, on or 

after January 1, 2016, becomes injured 

by reason of a qualifying injury to the 

brain while they were a covered 

employee of the Department. 

Family member: For purposes of 

determining ‘‘covered dependent’’, a 

family member is defined as follows: 

(1) Children who are unmarried and 

under 21 years of age or, regardless of 

age, are unmarried and due to mental 

and/or physical limitations are 

incapable of self-support. The term 

‘‘children’’ must include natural 

offspring, step-children, adopted 

children, and those under permanent 

legal guardianship (at least until age 18), 

or comparable permanent custody 

arrangement, of the employee or spouse 

or domestic partner (as defined in 3 

FAM 1610) when dependent upon and 

normally residing with the guardian or 

custodial party, and U.S. citizen 

children placed for adoption if a U.S. 

court grants temporary guardianship of 

the child to the employee and 

specifically authorizes the child to 

reside with the employee in the country 

of assignment before the adoption is 

finalized; 

(2) Parents (including stepparents and 

legally adoptive parents) of the 

employee or of the spouse or of the 

domestic partner as defined in 3 FAM 

1610. 

(3) Sisters and brothers (including 

stepsisters or stepbrothers, or adoptive 

sisters or brothers) of the employee, or 

of the spouse when such sisters and 

brothers are at least 51 percent 

dependent on the employee for support, 

unmarried and under 21 years of age, or 

regardless of age, are physically and/or 

mentally incapable of self-support; and 

(4) Spouse. 


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Qualifying injury to the brain. (1) The 

injury must have occurred in 

connection with war, insurgency, 

hostile act, terrorist activity, or other 

incidents designated by the Secretary of 

State, and that was not the result of the 

willful misconduct of the covered 

individual; and 

(2) The individual must have: 

(i) An acute injury to the brain such 

as, but not limited to, a concussion, 

penetrating injury, or as the 

consequence of an event that leads to 

permanent alterations in brain function 

as demonstrated by confirming 

correlative findings on imaging studies 

(to include computed tomography scan 

(CT), or magnetic resonance imaging 

scan (MRI)), or electroencephalogram 

(EEG); 

(ii) A medical diagnosis of a traumatic 

brain injury (TBI) that required active 

medical treatment for 12 months or 

more; or 

(iii) Acute onset of new persistent, 

disabling neurologic symptoms as 

demonstrated by confirming correlative 

findings on imaging studies (to include 

CT, MRI), EEG, physical exam, or other 

appropriate testing, and that required 

active medical treatment for 12 months 

or more. 

Other incident: A new onset of 

physical manifestations that cannot 

otherwise be readily explained. 

§ 135.3 Eligibility for payments by the 

Department of State. 

(a) The Department of State may 

provide a payment to covered 

individuals, as defined herein, if the 

qualifying injury to the brain was 

assessed and diagnosed in person by a 

currently board-certified neurologist 

from the American Board of Psychiatry 

and Neurology (ABPN), occurred on or 

after January 1, 2016, and while the 

individual was a covered employee of 

the Department. 

(b) The Department of State may 

provide a payment to covered 

employees, as defined herein, if the 

qualifying injury to the brain was 

assessed and diagnosed in person by a 

currently board-certified neurologist 

from the American Board of Psychiatry 

and Neurology (ABPN), occurred on or 

after January 1, 2016, and while the 

employee was a covered employee of 

the Department. 

(c) The Department of State may 

provide a payment to a covered 

dependent, if the qualifying injury to 

the brain was assessed and diagnosed in 

person by a currently board-certified 

neurologist from the American Board of 

Psychiatry and Neurology (ABPN), 

occurred on or after January 1, 2016, 

and the dependent’s sponsor was a 

covered employee of the Department at 

the time of the dependent’s injury. 

(d) Payment for a qualifying injury to 

the brain will be a non-taxable, one-time 

lump sum payment. 

(e) The Department will determine the 

amount paid to each eligible person 

based on the following factors: 

(1) The responses on the DS–4316, 

‘‘Eligibility Questionnaire for HAVANA 

Act Payments’’; and 

(2) Whether the Department of Labor 

(Workers’ Compensation) has 

determined that the requestor has no 

reemployment potential, or the Social 

Security Administration has approved 

the requestor for Social Security 

Disability Insurance, or the requestor’s 

ABPN-certified neurologist has certified 

that the individual requires a full-time 

caregiver for activities of daily living, as 

defined by the Katz Index of 

Independence of Daily Living. 

(3) The award thresholds are based on 

Level III of the Senior Executive 

Schedule: Base will be 75 percent of 

Level III pay, and Base+ will be 100 

percent of Level III pay. If the requestor 

meets any of the criteria listed in 

paragraph (e)(2) of this section, the 

requestor will be eligible to receive a 

Base+ payment. Requestors whose 

neurologists confirm that the definition 

of ‘‘qualifying injury to the brain’’ has 

been met but have not met any of the 

criteria listed paragraph (e)(2) of this 

section, will be eligible to receive a Base 

payment. If a requestor who received a 

Base payment later s meets any of the 

criteria listed in paragraph (e)(2) of this 

section, the requestor may apply for an 

additional payment that will be the 

difference between the Base and Base+ 

payment. 

(f) The Under Secretary of State for 

Management may approve payments 

under the rule. The Bureau of Global 

Talent Management (GTM) will notify 

individuals of the decision in writing. 

(g) An appeal of a decision made by 

the Under Secretary of State for 

Management may be directed to the 

Deputy Secretary of State for 

Management and Resources in writing. 

The Deputy Secretary of State for 

Management and Resources is the final 

appeal authority. GTM will notify 

individuals of the decision in writing. 

§ 135.4 Consultation with other agencies. 

(a) The Department of State will, to 

the extent possible, consult with the 

appropriate officials in other federal 

agencies to identify their current and 

former covered employees, and current 

and former dependents who reported an 

anomalous health incident while 

working under Chief of Mission 

authority. This consultation is solely to 

assist the other agencies in determining 

who might be initially eligible for 

payment under the HAVANA Act. The 

Department of State will not process 

payment for employees, former 

employees, or dependents of current or 

former employees of other agencies. 

(b) Under the HAVANA Act, the 

heads of other employing federal 

agencies are responsible for prescribing 

regulations to carry out the HAVANA 

Act, including regulations for approving 

any payment. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, U.S. Department of State. 

[FR Doc. 2022–13887 Filed 6–29–22; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

Safety and Health Regulations for 

Construction—Lead 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Correcting amendment. 

SUMMARY: OSHA is issuing a correcting 

amendment to the OSHA lead standard 

for construction to correct the 

inadvertent removal of regulatory text 

resulting from a notice of correcting 

amendments issued February 18, 2020. 

DATES: Effective June 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Frank Meilinger, 

Director, OSHA Office of 

Communications; telephone: (202) 693– 

1999; email: meilinger.francis2@dol.gov. 

General and technical information: 

Tiffany DeFoe, Director, Office of 

Chemical Hazards-Metals, OSHA 

Directorate of Standards and Guidance; 

telephone: (202) 693–1950; email: 

defoe.tiffany@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary and Explanation 

Safety and Health Regulations for 

Construction—Lead (§ 1926.62) 

OSHA is correcting 29 CFR 1926.62 to 

restore regulatory text that was 

inadvertently removed from the OSHA 

lead standard for construction by 

amendments published on February 18, 

2020 (85 FR 8726, 8735). This action is 

to reinstate the omitted regulatory text 

and restore the OSHA lead standard for 

construction to its correct version. The 

agency is issuing this notice to restore 


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