Commerce Tweaks Payments for Sonic Attack Brain Injuries
Published Date: 5/4/2026
Rule
Summary
The Department of Commerce is updating its rules for paying employees and their families who suffer brain injuries linked to 'Havana Syndrome.' These changes make the rules clearer and more consistent with the law, without cutting any benefits. The new rules take effect on May 4, 2026, helping affected folks get fair treatment faster.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 3 costs, 0 mixed.
Coverage Extended Back to 9/11/2001
Commerce updated its rules so qualifying brain injuries are covered if they occurred on or after September 11, 2001 (replacing the prior January 1, 2016 start date). This means people who say they had qualifying injuries dating back to September 11, 2001 may now be considered under Commerce's payment rules.
Specific Doctor Certification Required
To be eligible for a payment, the qualifying brain injury must be assessed and diagnosed in person by a currently board-certified physician from one of these boards: American Board of Psychiatry and Neurology (ABPN), American Osteopathic Board of Neurology and Psychiatry (AOBNP), American Board of Physical Medicine and Rehabilitation (ABPMR), or American Osteopathic Board of Physical Medicine and Rehabilitation (AOBPMR). This requirement applies to covered individuals, covered employees, and covered dependents for injuries on or after September 11, 2001.
Must Be Employed by Commerce at Injury
Commerce will only consider payment requests for qualifying brain injuries that occurred while the injured person was employed by the Department of Commerce. Commerce will not process payments for employees, former employees, or dependents if the relevant person was employed by another federal agency at the time of the injury.
"Other Incident" Must Be Designated
Commerce's definition of an "other incident" now requires that a new onset of unexplained physical manifestations also be designated under 22 U.S.C. 2680b. In other words, an event must be designated under that statute to qualify as an "other incident."
Removal of "Sole" Discretion Language
Commerce removed the word "sole" from the sentence saying payments are at the Secretary's discretion so the rule now states the authority to provide payments is at the discretion of the Secretary or their designee. Commerce says this change aligns the regulation with the HAVANA Act and other agencies' rules and does not reduce any entitlements.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-05599 — Deep Seabed Mining: Notice of Receipt of Applications for Deep Seabed Mining Exploration Licenses and Announcement of Public Comment Period and Virtual Public Hearings
NOAA got two applications from companies wanting to explore mining deep under the ocean floor. They’re holding virtual public meetings in April and want your thoughts by May 22, 2026. This affects anyone interested in ocean mining and how we protect our seas while exploring new resources.
2026-04256 — Atlantic Highly Migratory Species; Spatial Fisheries Management; Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Starting April 3, 2026, new rules change shark fishing zones and times in the Atlantic to better protect sharks and manage fishing risks. Fishermen using bottom and pelagic longline gear will see updated area boundaries and must pay for electronic monitoring if fishing in certain safer zones. These changes help keep shark populations healthy while supporting responsible fishing.
2026-13376 — Initiation of Five-Year (Sunset) Reviews
The U.S. Department of Commerce is kicking off its automatic five-year checkup on certain trade duties to see if they should stay or go. This affects companies importing products like ironing tables and magnesia carbon from countries like China. Starting July 2, 2026, these reviews could impact prices and trade rules, so businesses should stay alert!
2026-13343 — Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
Every five years, the U.S. checks if certain import taxes on products from other countries should stay or go. In August 2026, reviews will focus on steel pipes from China to see if dumping or unfair subsidies are still happening. If the taxes stay, it could affect prices and businesses, so companies need to act fast to join the review process.
2026-13341 — Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List; Note Regarding Format of Review Requests
If you’re involved in importing goods that might be subject to special duties (called antidumping or countervailing duties), now’s your chance to ask the government to review those duties during the anniversary month of their announcement. This process affects importers and companies who want to make sure duties are fair and up-to-date. Act fast—there are deadlines to request reviews and join the annual inquiry list, which could impact how much money you pay or get back.
2026-13307 — Foreign-Trade Zone (FTZ) 57, Notification of Proposed Production Activity; Corning Optical Communications LLC; (Fiber Optic Cables); Newton and Hickory, North Carolina
Corning Optical Communications wants to start making fiber optic cables in their North Carolina factories using special foreign materials that usually have a 6.7% tax. By doing this inside a Foreign-Trade Zone, they can save money on taxes and speed up production. People have until August 10, 2026, to share their thoughts on this plan.
Previous / Next Documents
Previous: 2026-08613 — Treatment of Income From Indian Fishing Rights-Related Activity as Compensation
Starting May 4, 2026, income earned by members of Indian Tribes from fishing rights-related work can count as compensation when figuring retirement plan limits. This change helps Tribal plan participants, sponsors, and administrators better understand and manage retirement benefits. It’s a win for Tribal workers who rely on fishing activities and want their earnings fully recognized for retirement savings.
Next: 2026-08632 — Safety Standard for Full-Size Baby Cribs
The Consumer Product Safety Commission is updating the safety rules for full-size baby cribs to match the latest 2025 voluntary safety standards. This change affects crib makers and sellers, ensuring cribs stay super safe for babies. The new rules kick in on August 1, 2026, with no extra costs expected, but comments are open until June 3, 2026.