§ 135.3 Eligibility for payments by the Department of State.
(a)The Department of State may provide a payment to covered individuals, as defined in this part, 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 September 11, 2001; 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 in this part, if the qualifying injury to the brain Free access — add to your briefcase to read the full text and ask questions with AI
§ 135.3 Eligibility for payments by the Department of State.
(a) The Department of State may provide a payment to covered individuals, as defined in this part, 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 September 11, 2001; 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 in this part, 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 September 11, 2001; 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 physician from the ABPN, AOBNP, ABPMR, or AOBPMR; occurred on or after September 11, 2001; 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 requester has no reemployment potential; or the Social Security Administration has approved the requester for either 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 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 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 May 15, 2026, to file an appeal of such decision.
[87 FR 38984, June 30, 2022, as amended at 87 FR 48444, Aug. 9, 2022; 88 FR 4726, Jan. 25, 2023; 91 FR 12510, Mar. 16, 2026; 91 FR 13967, Mar. 24, 2026]