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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38981-38985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13887]

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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.

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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: [email protected] 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 [email protected].

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--Sec.  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 Sec.  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--Sec.  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

[[Page 38982]]

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. Step-parents 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 Sec.  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--Sec.  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.

[[Page 38983]]

    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, non-taxable, 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 
Sec.  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 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.
    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--Sec.  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 Sec.  553 pursuant to Sec.  553(a)(2), the 
provisions of Sec.  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.).

[[Page 38984]]

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.

0
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.

Sec.  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).

Sec.  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 Sec.  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.

[[Page 38985]]

    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.

Sec.  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.

 Sec.  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
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