Rule2026-05113
Amendments to HAVANA Act of 2021 Implementation Rules
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
March 16, 2026
Effective
March 16, 2026
Issuing agencies
State Department
Abstract
This rule provides a change in the dates for allowable claims under the HAVANA Act of 2021. The change, mandated by the 2026 National Defense Authorization Act, changes the dates for allowable claims from "on or after January 1, 2016" to "on or after September 11, 2001." This rule also provides a deadline for applicants to submit appeals of adverse decisions on their applications, plus administrative changes.
Full Text
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<title>Federal Register, Volume 91 Issue 50 (Monday, March 16, 2026)</title>
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[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Rules and Regulations]
[Pages 12509-12510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05113]
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DEPARTMENT OF STATE
22 CFR Part 135
[Public Notice: 12969]
RIN 1400-AG20
Amendments to HAVANA Act of 2021 Implementation Rules
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule provides a change in the dates for allowable claims
under the HAVANA Act of 2021. The change, mandated by the 2026 National
Defense Authorization Act, changes the dates for allowable claims from
``on or after January 1, 2016'' to ``on or after September 11, 2001.''
This rule also provides a deadline for applicants to submit appeals of
adverse decisions on their applications, plus administrative changes.
DATES: This rule is effective March 16, 2026.
FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney Adviser,
Office of Management, <a href="/cdn-cgi/l/email-protection#9bf0f4efeff6e2fee9faf6dbe8effaeffeb5fcf4ed"><span class="__cf_email__" data-cfemail="dfb4b0ababb2a6baadbeb29facabbeabbaf1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 (codified at 22 U.S.C. 2680b),
Congress authorized federal government agencies to compensate affected
current employees, former employees, and their dependents for
qualifying injuries to the brain. The statute defined a covered
employee as one who, on or after January 1, 2016, became injured by
reason of a qualifying injury to the brain (which is itself a defined
term), and it required the Department (and other agencies) to
``prescribe regulations'' implementing the HAVANA Act not later than
180 days after the effective date of the Act. The Department's
implementation of the HAVANA Act is in Part 135 of Title 22 of the Code
of Federal Regulations.\1\
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\1\ See final rule published at 88 FR 4722 (January 25, 2023).
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On December 18, 2025, the President signed into law the National
Defense Authorization Act for FY 2026 (NDAA FY26). Section 5604 of the
NDAA FY26 struck the phrase ``January 1, 2016'' and inserted
``September 11, 2001'' in its place. This rule implements that change
in Sec. Sec. 135.1, 135.2 (three places), and 135.3 (three places) of
22 CFR.
In this rulemaking, the Department is also removing an outdated
reference to the Bureau of Global Talent Management by changing it to
``the Department''. Also, in Sec. 135.3(g), the Department is
clarifying that applicants must file appeals of adverse decisions not
later than 60 days after the date of the adverse decision. An appeal
deadline establishes a clear deadline for appeals, aligning with
regulations implemented by other agencies,\2\ Setting a time limit on
appeals submission will provide closure to requests without leaving the
possibility of appeal open indefinitely. Although the Deputy Secretary
for Management and Resources is the final appeal authority, the Deputy
Secretary has, and the Secretary retains, appeal authority, should the
Deputy Secretary for Management and Resources be unavailable to act on
the appeal. The rule also provides for the approximately half-dozen
applicants who have received an adverse response to their claim but
have not filed an appeal. The rule provides them with a deadline to
file an appeal of 60 days from the effective date of the rule.
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\2\ See, for e.g., 28 CFR 106.5(e) and 32 CFR 49.5(d).
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Finally, the Department notes that ``Under Secretary for
Management'' includes anyone with the authority of the Under Secretary.
The Secretary of State has, from time to time, issued delegations of
the authority of the Under Secretary to other Department officers, to
be exercised when the Under Secretary is unavailable or the position is
vacant. That delegated authority would include the authority referenced
in Sec. 135.3(f). In addition, if the Deputy Secretary of State for
Management and Resources is unavailable to act on an appeal, the Deputy
Secretary of State has delegated authority to act on it.\3\
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\3\ See Delegation of Authority 538, 88 FR 13005.
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Regulatory Analysis
Administrative Procedure Act
This rule is being published as a final rule and is exempt from
notice and comment under the ``good cause'' exemption to the
Administrative Procedure Act. Congress intended for the coverage under
the HAVANA Act to be expanded as soon as possible, and the Department
finds that any delay in the effective date would be contrary to the
public interest. For the same reason, the rule is exempt from the 30-
day delay in effective date under 5 U.S.C. 553(d).
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.
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
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
[[Page 12510]]
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.).
Executive Order 12866, 14192, and 13563
OIRA has designated this rule as ``not significant'' under
Executive Order 12866. The benefits of the rule outweigh any costs to
the public, which are minimal. This rulemaking is required under NDAA
FY26. This rule is exempt from the provisions of Executive Order 14192,
since it has been designated ``not significant''.
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. Question 4 on the DS-4316 is being
updated to reflect the statutory change.
List of Subjects in 22 CFR Part 135
Government employees, Federal retirees, Health care.
Accordingly, for the reasons stated in the preamble, the Department
of State amends 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
0
1. The authority citation for part 135 continues to read as follows:
Authority: 22 U.S.C. 2651a; 22 U.S.C. 2680b.
Sec. 135.1 and 135.2 [Amended]
0
2. Amend Sec. Sec. 135.1 and 135.2, by removing the date ``January 1,
2016'' wherever it appears, and adding, in its place, the date
``September 11, 2001''.
0
3. Amend Sec. 135.3 by:
0
a. In paragraphs (a) through (c), removing the date ``January 1, 2016''
wherever it appears and adding, in its place, the date ``September 11,
2001''; and
0
b. Revising paragraphs (f) and (g).
The revisions read as follows:
Sec. 135.3 Eligibility for payments by the Department of State.
* * * * *
(f) The Under Secretary of State for Management may approve
payments under this section. The Department 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 not later than 60 calendar days
after the date of the decision by the Under Secretary for Management.
The Deputy Secretary of State for Management and Resources is the final
appeal authority. In the event that this official is unavailable or the
position is vacant, the Secretary of State or Deputy Secretary of State
may act as final appeal authority. The Department will notify
individuals of the decision on the appeal in writing. Individuals who
received a decision from the Under Secretary for Management that was
dated on or before March 16, 2026, have until March 16, 2026, to file
an appeal of such decision.
Darren W. Hultman,
Deputy Assistant Secretary, Bureau of Personnel and Training,
Department of State.
[FR Doc. 2026-05113 Filed 3-13-26; 8:45 am]
BILLING CODE 4710-15-P
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