DOJ Turns the HAVANA Act Into Brain-Injury Compensation Rules
Published Date: 10/27/2026
Rule
Summary
The Department of Justice is officially rolling out the HAVANA Act, which helps current and former DOJ employees and their families get payments if they suffered brain injuries on the job. This final rule, effective November 27, 2026, makes small tweaks to the process but keeps the main promise alive—support for those affected. No public comments changed the plan, so it’s full steam ahead with this important help!
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Who Can Apply — Expanded Eligibility Date
You can apply for a HAVANA Act payment if you are a current or former Department of Justice employee or an eligible dependent and you experienced a qualifying brain injury on or after September 11, 2001. Covered employees include those on Limited Non‑Career Appointments, Temporary Appointments, personnel on Personal Services Contracts, and students providing volunteer services under 5 U.S.C. 3111; covered dependents include certain dependent children, parents residing with the employee sponsor, dependent siblings, or spouses.
How Much You Could Receive
The Department may authorize a one-time, non-taxable lump-sum payment that may not exceed Level III of the Executive Schedule. A Base payment equals 75 percent of Level III pay and a Base+ payment equals 100 percent of Level III pay; Base+ is available if the applicant meets criteria for severe impact (no reemployment potential per Department of Labor Office of Workers' Compensation Programs, SSA approval for disability benefits, or a physician certifies need for a full-time caregiver under the Katz Index). Payment amounts are determined by the Department and are based on the Executive Schedule in effect when the payment is approved.
Funding Limits and Appeal Rights
Payments may only be made from amounts appropriated in advance for this purpose in the relevant fiscal year, and all payments will be paid on a first-come, first-served basis. If the designated FBI or Justice Management Division official denies payment, you may appeal to the Assistant Attorney General for Administration within 60 days of denial, but decisions about the amount of payment are not appealable.
Medical Proof Needed to Qualify
To qualify, your brain injury must meet one of three medical standards: (1) an acute brain injury (e.g., concussion or penetrating injury) or permanent alteration in brain function shown by imaging; (2) a medical diagnosis of traumatic brain injury that required active medical treatment for 12 months or more; or (3) acute onset of new, persistent, disabling neurologic symptoms shown by imaging or exam that required active medical treatment for 12 months or more. Part of the required DS‑4316 form must be completed by a board‑certified physician meeting the rule's certification requirements.
Payments Can Supplement Other Benefits
HAVANA Act payments may be received in addition to other leave benefits, disability benefits, or workers' compensation that you may be receiving or entitled to receive; the HAVANA Act payment is intended as an additional form of compensation.
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Key Dates
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