Implementation of the HAVANA Act of 2021, 41316-41320 [2023-13328]

Agencies

• Agency for International Development

[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 [www.gpo.gov]
[FR Doc No: 2023-13328]


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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.

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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:
     Email: [email protected] with the subject line, 
HAVANA ACT RULE.
     Internet: At www.Regulations.gov, search for 
this document using the subject line, HAVANA ACT RULE.
    Note that all submissions to regulations.gov 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, [email protected], (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