Havana Act — Anomalous Health Incident Compensation

Legal Authority

• 22 U.S.C. § 2680b(i) — HAVANA Act of 2021 (Pub. L. 117-46); authorizes the heads of federal agencies to provide payments to covered employees and their dependents who suffered qualifying neurological injuries (brain injuries) while performing official duties, assessed as caused by anomalous directed energy or another uncharacterized source; payment authority is discretionary ("may provide")
• 28 CFR Part 106 — Department of Justice implementing rule; establishes eligibility criteria, application procedures, coordination requirements with the State Department for overseas incidents, and payment mechanics for DOJ employees (FBI, DEA, U.S. Marshals, ATF, and other DOJ components) affected by qualifying incidents

Key Mechanics

The HAVANA Act established a discretionary compensation program for U.S. government employees and dependents who suffered qualifying brain injuries from anomalous health incidents — commonly called "Havana Syndrome" — while performing official duties. Coverage extends to incidents occurring on or after January 1, 2016, in any location where official duties were being performed (overseas postings and specific domestic intelligence contexts). To receive a payment, the employee must submit a claim that is reviewed by agency medical personnel using criteria developed in coordination with HHS and ODNI; the criteria focus on brain injury diagnosis and consistency with directed-energy or similar uncharacterized causation. Agency heads retain full discretion to approve or deny claims; there is no administrative appeal right under the statute, though judicial review of final agency decisions may be available. DOJ's Part 106 applies to DOJ-employed personnel and their dependents; parallel rules apply at CIA, State Department, and other agencies. Payments are separate from and do not offset workers' compensation or disability benefits. The program's practical scope has been limited by the difficulty of definitively attributing injuries to anomalous directed-energy attacks — many claims have been denied or remain under review.

Current Rule (2026)

What This Rule Does

Starting in late 2016, U.S. diplomats and intelligence officers stationed in Havana, Cuba began reporting sudden onset of unexplained neurological symptoms — hearing sounds, feeling pressure or vibration, and experiencing cognitive impairment, vestibular disruption, and persistent headaches. The phenomenon spread to government personnel in China, Russia, Austria, and other postings. The episodes became known as "Havana Syndrome," and U.S. government investigations have pointed toward directed-energy attacks as a possible cause, though the precise origin remains officially unresolved.

The HAVANA Act of 2021 — Helping American Victims Afflicted by Neurological Attacks Act — authorized federal agencies to make payments to current and former employees and their dependents who suffered qualifying neurological injuries while performing official duties abroad or in specific domestic intelligence contexts. 28 CFR Part 106 is the Department of Justice's implementation of this authority for DOJ employees (FBI agents, DEA personnel, U.S. Marshals, and other DOJ staff).

Parallel implementing rules were issued by the CIA, State Department, and other agencies with affected personnel. The DOJ rule at Part 106 specifically covers DOJ employees who experienced qualifying brain injuries while assigned to posts overseas.

Key Provisions

• § 106.1 — Authority: implements HAVANA Act § 3 (22 U.S.C. § 2680b(i)), which authorizes agency heads to provide payments to covered employees or dependents who were injured by a qualifying incident to the brain; authority is discretionary — the statute says agency heads "may" provide payments, and Part 106 establishes DOJ's exercise of that discretion
• § 106.2 — Definitions: "Covered employee" means a current or former DOJ employee who, on or after January 1, 2016, suffered a qualifying injury to the brain while performing official duties; "Covered dependent" means a dependent of a covered employee who suffered a qualifying injury while accompanying the employee on official assignment; "Qualifying injury" means a brain injury assessed as meeting the HAVANA Act criteria — directed energy or another anomalous cause, as assessed by DOJ medical reviewers using criteria developed in coordination with HHS and ODNI
• § 106.3 — Eligibility: DOJ may provide a HAVANA Act payment if the employee or dependent: (a) suffered a qualifying injury to the brain; (b) the injury was assessed using the qualifying criteria; (c) the incident occurred while the employee was performing official duties or the dependent was accompanying the employee in an official capacity; DOJ retains discretion to approve or deny based on the totality of evidence
• § 106.4 — Consultation: when a covered employee's incident occurred overseas under Chief of Mission security responsibility (i.e., at a U.S. embassy or consulate), DOJ will coordinate with the State Department as appropriate in evaluating the claim — reflecting the interagency nature of overseas personnel incidents
• § 106.5 — Procedures: a covered employee or dependent may apply if they sustained a qualifying brain injury on or after January 1, 2016; the application includes medical records, incident reports, and supporting documentation; DOJ's Office of Personnel will review and refer to medical reviewers; upon approval, DOJ determines the payment amount in accordance with applicable standards; the payment is separate from any workers' compensation, disability, or other government benefits the individual may receive

How It Affects You

If you are a federal employee who experienced unexplained neurological symptoms during an overseas assignment: The HAVANA Act authorizes payments specifically for brain injuries that meet the qualifying criteria. You can apply through your agency's HAVANA Act program (DOJ's is in Part 106; State Department and CIA have parallel programs). The January 1, 2016 retroactive start date covers the original Havana incidents.

If you are a policymaker or national security analyst: The HAVANA Act represents Congress's response to a novel threat — directed-energy weapons targeting U.S. personnel abroad. The statutory framework acknowledges uncertainty about causation (using "qualifying injury" assessed by medical criteria rather than requiring proof of a specific attack) while creating a compensation pathway. Multiple intelligence community assessments have concluded that some incidents are consistent with directed-energy attacks, while others remain unexplained.

If you are a DOJ employee's family member: Dependents who were accompanying a covered employee on an official overseas assignment and experienced a qualifying injury are also eligible for HAVANA Act payments under Part 106's definition of "covered dependent."

Statutory Authority

This rule implements:

• 22 U.S.C. § 2680b(i) — HAVANA Act of 2021, § 3, authorizing agency heads to make payments to employees and dependents injured by qualifying incidents to the brain while performing official duties

Recent Rulemakings

DOJ published Part 106 in 2022 to implement the HAVANA Act after its enactment in October 2021. The statute required agencies to issue implementing rules within 180 days. The CIA, State Department, and National Geospatial-Intelligence Agency each issued parallel rules. In 2023, ODNI issued an intelligence community assessment on Anomalous Health Incidents concluding that most incidents had no single consistent explanation but that a subset were consistent with directed-energy exposure by a foreign actor.

Pending Action