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.
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