Rule2022-13887
Implementation of HAVANA Act of 2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 30, 2022
Effective
August 15, 2022
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#bbfaf3f2e9ced7defbc8cfdacfde95dcd4cd"><span class="__cf_email__" data-cfemail="13525b5a41667f765360677267763d747c65">[email protected]</span></a> with the subject line, HAVANA ACT
RULE.
<bullet> Internet: At <a href="http://www.Regulations.gov">www.Regulations.gov</a>, search for this document
using Docket DOS-2022-0016.
Note that all submissions to <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#2f676e7d5a434a664149406f5c5b4e5b4a01484059"><span class="__cf_email__" data-cfemail="4800091a3d242d01262e27083b3c293c2d662f273e">[email protected]</span></a>.
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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