(a) Under section 3 of the HAVANA Act of 2021 (Pub. L. 117-46), codified in 22 U.S.C. § 2680b, the Secretary of Commerce 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.

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(b) The regulations in this part are issued in accordance with 22 U.S.C. § 2680b(i)(4) and also apply to former covered employees of the Department of Commerce and their covered dependents.