Rule2023-13328
Implementation of the 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 26, 2023
Effective
August 10, 2023
Issuing agencies
Agency for International Development
Abstract
This rule provides implementation by the United States Agency for International Development (USAID) 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 USAID employees, and dependents of current or former employees.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 121 (Monday, June 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41316-41320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13328]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 242
RIN 0412-AB11
Implementation of the HAVANA Act of 2021
AGENCY: The United States Agency for International Development (USAID).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides implementation by the United States Agency
for International Development (USAID) 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
USAID employees, and dependents of current or former employees.
DATES:
Effective date: This interim final rule is effective August 10,
2023.
Comment due date: The United States Agency for International
Development will accept comments on this interim final rule until
August 25, 2023.
ADDRESSES: Interested parties may submit comments by one of the
following methods:
<bullet<ls-thn-eq> Email: <a href="/cdn-cgi/l/email-protection#c98881809bbca5ac89bcbaa8a0ade7aea6bf"><span class="__cf_email__" data-cfemail="56171e1f04233a33162325373f3278313920">[email protected]</span></a> with the subject line,
HAVANA ACT RULE.
<bullet<ls-thn-eq> Internet: At <a href="http://www.Regulations.gov">www.Regulations.gov</a>, search for
this document using the subject line, HAVANA ACT RULE.
Note that all submissions to <a href="http://regulations.gov">regulations.gov</a> are public, and USAID
cannot edit the comments to remove personal information. If you have
any concerns about your comment being viewed by the public, please use
the email option above.
FOR FURTHER INFORMATION CONTACT: Aaron Michael Stern, USAID AHI Working
Group Coordinator, <a href="/cdn-cgi/l/email-protection#357d74674059507c5b535a754046545c511b525a43"><span class="__cf_email__" data-cfemail="93dbd2c1e6fff6dafdf5fcd3e6e0f2faf7bdf4fce5">[email protected]</span></a>, (202) 712-5568.
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. 242.1
On October 8, 2021, the ``Helping American Victims Affected by
Neurological Attacks'' (HAVANA) Act of 2021 became law (Pub. L. 117-
46). In this Act, Congress authorized federal government agencies to
compensate affected current employees, former employees, and their
dependents for qualifying injuries to the brain after January 1, 2016,
in connection with certain hostile or other incidents designated by the
Secretary of State. This law requires USAID (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 occurs 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.
This regulation applies only to current and former employees of the
United States Agency for International Development, and dependents of
current or former employees, as defined in Sec. 242.2 of this rule.
Definitions--Sec. 242.2
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 and the USAID Automated Directives System (ADS)), as well as
those who are not considered employees.
For covered employees, the qualifying injury must have occurred on
or after January 1, 2016. Similarly, for dependents, the qualifying
injury must have occurred on or after January 1, 2016, while the
employee was a covered employee of USAID. To make a payment under the
Act, this rule defines ``covered dependent'' as any family member of a
USAID current or former employee, without any restriction on where the
USAID employee was posted. The rule adopts the Department of State's
definition of ``eligible family member'' in 14 Foreign Affairs Manual
(FAM) 511.3 to define ``dependent.''
The term ``covered employee'' includes USAID Foreign Service
Officers; USAID Civil Service employees; 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; students providing volunteer services under U.S.C. 3111;
an individual under a Personal Services Contract (Third Country
National, Cooperating Country National, and US Personal Services
Contracts); or appointed to the position; and USAID's Interns and
Fellows.
The term ``covered individual'' includes any former employee of
USAID (including retired or separated employees) who, on or after
January 1, 2016, became injured because of a qualifying injury to the
brain while they were a covered employee of USAID.
The term ``covered dependent'' includes any family member of a
USAID current or former employee who, on or after January 1, 2016,
becomes injured because of a qualifying injury to the brain while the
dependent's sponsor was a covered employee of USAID. 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
[[Page 41317]]
State or those authorized by law, 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), or EEG, or physical exam, or another appropriate
testing, and that required active medical treatment for 12 months or
more.
This rule adopts the definition developed by the U.S. Department of
State in consultation with officials at several prominent medical
centers. Based on those inquiries, it appears that the majority of
patients who have reported anomalous health incidents were seen by a
neurologist certified by the American Board of Psychiatry and Neurology
(ABPN), or by a physician certified by the American Board of Physical
Medicine and Rehabilitation (ABPMR), the American Osteopathic Board of
Neurology and Psychiatry (AOBNP), and the American Osteopathic Board of
Physical Medicine and Rehabilitation (AOBPMR). 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 established standards below
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. 242.2 ``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
ABPMR, AOBNP, AOBPMR-certified physician/neurologist to review one of a
variety of forms of medical imaging evidence indicating permanent
alterations in brain function. The intent of 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. This benefit is intended for individuals who
experience long-term consequences, potentially including 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.''
USAID 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), the American
Osteopathic Board of Neurology and Psychiatry (AOBNP), the American
Osteopathic Board of Physical Medicine and Rehabilitation (AOBPMR), and
the American Board of Physical Medicine and Rehabilitation (ABPMR)
certify neurologists and physicians, respectively, maintaining strict
professional requirements for membership. As such, USAID endorses these
industry certifications as the clinical standard for assessing and
diagnosing a qualifying injury to the brain.
The definition of ``other incident'' is a new onset of physical
manifestations that cannot otherwise be explained. USAID 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 USAID believes this list to be reflective of known
incidents to date, USAID will work with any requestor upon submission
of the AID 442-1 (``Eligibility Questionnaire for HAVANA Act
Payments'') to determine whether or not their alleged incident aligns
with USAID's record of ``other incidents.''
Eligibility for Payments--Sec. 242.3
USAID will communicate with its entire workforce to inform them of
the rule, regulations, and process for requesting payment. USAID 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 USAID due to
internal reporting after individuals experienced what they believe to
be an AHI. While USAID believes these efforts will ensure all potential
requestors will be able to identify themselves to USAID and begin the
process of requesting a payment, the AID 442-1, the form associated
with developing the necessary evidence to submit a claim, will also be
publicly hosted on USAID's Forms website with instructions on how to
contact USAID if a requestor believes they are eligible for a HAVANA
Act payment.
Section 242.3 states the conditions required before USAID 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 USAID; 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 USAID. The
Chief Human Capital Officer must approve any HAVANA Act payment.
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
Sec. 242.3(e), in determining the amount of the payment, USAID
considers (1) the responses on the AID 442-1, ``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
Supplemental Security Insurance (SSI) benefits, or the requester's
ABPN, AOBNP, ABPMR, or AOBPMR board-certified physician 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 Sec. 242.3(e)(2), the requestor will be eligible to
receive a Base+ payment. Requestors whose neurologists or physicians
confirm that the definition of ``qualifying injury to the brain'' has
been met but have not met any of the criteria
[[Page 41318]]
listed in Sec. 242.3(e)(2), will be eligible to receive a Base
payment. The criteria established in Sec. 242.3(e)(2) are reflective
of USAID'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. USAID recognizes
that the 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 the requester's ABPN, AOBNP, ABPMR, or AOBPMR
board-certified physician 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, provides an alternative
mechanism for all individuals.
Finally, USAID 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, USAID believes this is an appropriate additional payment.
USAID 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. USAID
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. 242.4
The United States Agency for International Development will, to the
extent possible, consult with the appropriate officials and other
federal agencies to identify their current and former covered
employees, and current and former dependents who reported an anomalous
health incident. This consultation is solely to assist USAID in
determining who might be initially eligible for payment under the
HAVANA Act.
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 section 553, pursuant to section 553(a)(2),
the provisions of section 553(d) do not apply and the rule could be in
effect upon publication. However, USAID has determined on an effective
date of August 10, 2023. In addition, it is in the public interest for
the rule to have an expeditious effective date. However, USAID is
seeking comments 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 United States Agency for International Development has
determined that this rulemaking will not have tribal implications, will
not impose substantial direct compliance costs on Indian tribal
governments, and will not preempt tribal law. Accordingly, the
requirements of Executive Order 13175 do not apply to this rulemaking.
Regulatory Flexibility Act: Small Business
The United States Agency for International Development 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.).
Executive Order 12866 and Executive Order 13563
The United States Agency for International Development 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 the number of individuals affected. For Fiscal Year (FY) 2022,
USAID estimated that it would pay up to $141,000 to one (1) person. For
FY 2023, the estimated numbers remain the same at $141,000 for one (1)
person.
USAID 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. USAID has also considered this
rulemaking considering Executive Order 13563 and affirms that this
proposed regulation is consistent with the guidance therein.
Executive Order 12988
The United States Agency for International Development 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 a 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
[[Page 41319]]
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 AID 442-1, ``Eligibility Questionnaire for HAVANA Act Patients.''
List of Subjects in Part 242
Government employees; Federal retirees; Health care.
0
Accordingly, for the reasons stated in the preamble, USAID adds part
242 to Title 22, Code of Federal Regulations, to read as follows:
PART 242--IMPLEMENTATION OF THE HAVANA ACT OF 2021
Sec.
242.1 Authority.
242.2 Definitions.
242.3 Eligibility for payments by the United States Agency for
International Development.
242.4 Consultations with Other Agencies.
Authority: 22 U.S.C. 2651a; 22 U.S.C. 2680b.
Sec. 242.1 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 USAID Administrator or their
designee.
(b) These regulations are issued in accordance with 22 U.S.C.
2680b(i)(4) and apply to former covered employees of the United States
Agency for International Development and their covered dependents.
Sec. 242.2 Definitions.
For purposes of this part, the following definitions apply:
Covered employee: (1) An employee of USAID who, on or after January
1, 2016, becomes injured by reason of a qualifying injury to the brain.
(2) The term ``covered employee'' includes USAID Foreign Service
Officers; USAID Civil Service employees; 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; students providing volunteer services under U.S.C. 3111;
an individual under a Personal Services Contract (Third Country
National, Cooperating Country National, and US Personal Services
Contracts); or appointed to the position; and USAID's Interns and
Fellows.
(3) The following are not considered employees of USAID for
purposes of these regulations (see Sec. 242.4): employees or retired
employees of other agencies.
Covered dependent: A family member of a USAID 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 USAID.
Covered individual: A former employee of USAID (including retired
or separated employees) who, on or after January 1, 2016, becomes
injured because of a qualifying injury to the brain while they were a
covered employee of USAID.
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 Foreign Affairs Manual (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.
Other incidents: A new onset of physical manifestations that cannot
otherwise be readily explained.
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); or
(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 or MRI), or EEG, or physical exam, or other appropriate
testing, and that required active medical treatment for 12 months or
more.
Sec. 242.3 Eligibility for payments by the United States Agency for
International Development.
(a) The United States Agency for International Development may
provide a payment to covered individuals, as defined in Sec. 242.2, if
the qualifying injury to the brain was assessed and diagnosed in person
by a currently board-certified physician from the American Board of
Psychiatry and Neurology (ABPN), the American Osteopathic Board of
Neurology and Psychiatry (AOBNP), the American Board of Physical
Medicine and Rehabilitation (ABPMR), or the American Osteopathic Board
of Physical Medicine and Rehabilitation (AOBPMR); occurred on or after
January 1, 2016; and while the individual was a covered employee of
USAID.
(b) The United States Agency for International Development may
provide a payment to covered employees, as defined in Sec. 242.2, if
the qualifying injury to the brain was assessed and diagnosed in person
by a currently board-certified physician from the ABPN, AOBNP, ABPMR,
or AOBPMR; occurred on or after January 1, 2016; and while the employee
was a covered employee of USAID.
[[Page 41320]]
(c) The United States Agency for International Development 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 physician from the ABPN, AOBNP, ABPMR, or AOBPMR; occurred on
or after January 1, 2016; and while the employee was a covered employee
of USAID 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) USAID will determine the amount paid to each eligible person
based on the following factors:
(1) The responses on the AID 442-1, ``Eligibility Questionnaire for
HAVANA Act Payments;'' and
(2) Whether the Department of Labor (Workers' Compensation) has
determined that the requester has no reemployment potential, or the
Social Security Administration has approved the requester for Social
Security Disability Insurance or Supplemental Security Insurance (SSI)
benefits;, or the requester's ABPN, AOBNP, ABPMR, or AOBPMR board-
certified physician 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 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 Chief Human Capital Officer (CHCO) may approve payments
under the rule. The Office of Human Capital and Talent Management
(HCTM) will notify individuals of the decision in writing.
(g) An appeal of a decision made by the Chief Human Capital Officer
(CHCO) may be directed to the Deputy Administrator for Management and
Resources in writing. The Deputy Administrator for Management and
Resources is the final appeal authority. HCTM will notify individuals
of the decision in writing.
Sec. 242.4 Consultation with other agencies.
The United States Agency for International Development will, to the
extent possible, consult with the appropriate officials' other federal
agencies to identify their current and former covered employees, and
current and former dependents who reported an anomalous health
incident. This consultation is solely to assist USAID in determining
who might be initially eligible for payment under the HAVANA Act.
Aaron Michael Stern,
USAID AHI Working Group Coordinator.
[FR Doc. 2023-13328 Filed 6-23-23; 8:45 am]
BILLING CODE 6116-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.