Rule2026-08622
Amending the Department of Commerce's Regulations Implementing the HAVANA Act
Primary source
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Published
May 4, 2026
Effective
May 4, 2026
Issuing agencies
Commerce Department
Abstract
By this rule, Commerce is updating and amending its regulations implementing the Helping American Victims Afflicted by Neurological Attacks (HAVANA) Act of 2021. This action will ensure statutory conformity, clarify and improve Commerce's regulations, and promote inter-agency uniformity without diminishing any substantive requirements, entitlements, or obligations established by the HAVANA Act.
Full Text
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<title>Federal Register, Volume 91 Issue 85 (Monday, May 4, 2026)</title>
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[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Rules and Regulations]
[Pages 23906-23908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08622]
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DEPARTMENT OF COMMERCE
15 CFR Part 3
[Docket No. 260429-0119]
RIN 0605-AA89
Amending the Department of Commerce's Regulations Implementing
the HAVANA Act
AGENCY: Office of the Secretary, Department of Commerce (Commerce).
ACTION: Final rule.
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SUMMARY: By this rule, Commerce is updating and amending its
regulations implementing the Helping American Victims Afflicted by
Neurological Attacks (HAVANA) Act of 2021. This action will ensure
statutory conformity, clarify and improve Commerce's regulations, and
promote inter-agency uniformity without diminishing any substantive
requirements, entitlements, or obligations established by the HAVANA
Act.
DATES: The rule is effective on May 4, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Background
This action amends Commerce's regulations at 15 CFR part 3, which
implement the HAVANA Act. The HAVANA Act was signed into law on October
8, 2021, and, broadly speaking, it permits agency heads to provide
compensation to their employees and other individuals (including former
employees and certain dependents) for qualifying brain injuries (Pub.
L. 117-46). The HAVANA Act was enacted against the backdrop of several
reports of government personnel experiencing ``Havana Syndrome,'' also
known as Anomalous Health Incidents (AHIs).
Under the HAVANA Act, the Secretary of State and other agency
heads--including the Secretary of Commerce--``may provide payment to a
covered dependent, a dependent of a former employee, a covered
employee, a former employee, and a covered individual for a qualifying
injury to the brain.'' 22 U.S.C. 2680b(i)(2). To that end, the HAVANA
Act directs such agency heads to ``prescribe regulations to carry out''
subsection (i), see 22 U.S.C. 2680b(i)(4)(A), and clarifies that such
regulations must ``include regulations detailing fair and equitable
criteria for payment,'' see 22 U.S.C. 2680(i)(4)(B).
Commerce promulgated the regulations at part 3 via final rule on
December 18, 2024 (89 FR 102701), citing 22 U.S.C. 2680b as the
underlying statutory authority. Part 3 consists of four sections: Sec.
3.1 addresses the authority for part 3; Sec. 3.2 sets forth
definitions for various terms, including one for the term ``other
incident''; Sec. 3.3 establishes the rules regarding eligibility for
payments by Commerce, including the framework for administrative
decisions and appeals; and Sec. 3.4 addresses consultation with other
agencies as well as the ineligibility of individuals who are current or
former employees of other agencies.
On December 18, 2025, Congress amended the HAVANA Act to cover
qualifying injuries dating back to September 11, 2001 (Pub. L. 119-60,
Sec. 5604). Previously, the start date had been January 1, 2016.
II. Discussion
Commerce is making the following amendments to the regulations at
15 CFR part 3.
First, Commerce is removing the word ``sole'' from the final
sentence of Sec. 3.1(a), which states that ``[t]he authority to
provide [payments for a qualifying injury to a covered individual] is
at the sole discretion of the Secretary or their designee.'' 15 CFR
3.1(a). The inclusion of the word ``sole'' does not track any language
from HAVANA Act; the statute, instead, commands Commerce to issue
``regulations detailing fair and equitable criteria for payment.'' 22
U.S.C. 2680(i)(4)(B). Based on that statutory language, Commerce
considers the inclusion of ``sole'' be both unnecessary and potentially
excessive. The elimination of this word will also promote uniformity
between part 3 and the HAVANA Act regulations promulgated by DOW at 32
CFR part 49 or by DOJ at 28 CFR part 106, as those other agencies'
regulations acknowledge the agency head's discretion but do not use the
phrase ``sole discretion.''
Second, Commerce is amending Sec. 3.2(f), which sets forth a
definition of the term ``[o]ther incident,'' to include a reference to
the designation process under 22 U.S.C. 2680b. Currently, Sec. 3.2(f)
defines ``[o]ther incident'' to mean ``[a] new onset of physical
manifestations that cannot otherwise be readily explained.'' 15 CFR
3.2(f). By comparison, the regulations promulgated by DOW and DOJ
define ``other incident'' to mean ``[a] new onset of physical
manifestations that cannot otherwise be readily explained and that is
designated under 22 U.S.C. 2680b.'' 32 CFR 49.2 (emphasis added); 28
CFR
[[Page 23907]]
106.2(e) (same). Commerce has determined that adding the same
designation language to Sec. 3.2(f) will enhance clarity, ensure
statutory conformity, and promote uniformity.
Third, Commerce is amending Sec. Sec. 3.2(a)(3) and 3.4 to clarify
the intended eligibility rules regarding persons with ties to Commerce
and persons with ties to other agencies. Currently, Sec. 3.2(a)(3)
establishes a brightline rule that ``employees or retired employees of
other agencies'' are ``not considered employees of the Department of
Commerce for purposes of this part,'' 15 CFR 3.2(a)(3), and Sec. 3.4
similarly establishes that Commerce ``will not process payment for
employees, former employees, or dependents of current or former
employees of other agencies,'' 15 CFR 3.4. Neither of these eligibility
rules is required by the HAVANA Act. Upon closer review, Commerce finds
these sections to be more restrictive than intended. The appropriate
framework is that Commerce will consider payment requests tied to an
injury suffered while the injured person was working for Commerce, and
Commerce will not consider payment requests tied to an injury suffered
while the injured person was working for another agency. But, if
applied literally, the language of Sec. Sec. 3.2(a)(3) and 3.4 would
render ineligible, among others, (i) any current or retired Commerce
employee who previously was an employee of another agency, and (ii)
anyone who is a dependent of both an employee of Commerce and an
employee of another agency. Commerce is therefore amending Sec. Sec.
3.2(a)(3) and 3.4 to align with the appropriate, intended framework and
to avoid these unintended outcomes. Specifically, Commerce is amending
Sec. 3.2(a)(3) to track DOJ's language at 28 CFR 106.2(a)(3), which
includes a tie to the ``time of the injury,'' and Commerce is amending
Sec. 3.4 by adding similar language. These amendments will enhance
clarity and better fulfill the statutory command to issue ``fair and
equitable criteria for payment.'' 22 U.S.C. 2680(i)(4)(B).
Fourth, Commerce is updating part 3 by replacing all references to
``January 1, 2016,'' with references to ``September 11, 2001,''
consistent with the December 18, 2025 amendment to the HAVANA Act (Pub.
L. 119-60, Sec. 5604).
III. Classification
A. Administrative Procedure Act
Commerce issues this final rule without prior public notice and
comment pursuant to the Administrative Procedure Act's exception for
rules ``relating to agency management or personnel or to public
property, loans, grants, benefits, or contracts.'' 5 U.S.C. 553(a)(2).
Because this rule amends 15 CFR part 3, which pertains to compensation
for current and former employees of Commerce (and their dependents),
this rule falls within the exception set forth by 5 U.S.C. 553(a)(2).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This final rule
is not subject to E.O. 14192 because it is not significant pursuant to
E.O. 12866. This rule does not contain policies having federalism
implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(a)(2), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects in 15 CFR Part 3
Federal retirees, Government employees, Health care.
Dated: April 30, 2026.
Jennifer Hesch,
Acting Deputy Assistant Secretary for Administration performing the
non-exclusive functions and duties of the Chief Financial Officer and
Assistant Secretary for Administration.
For the reasons set forth in the preamble, the Department of
Commerce amends 15 CFR part 3 to read as follows:
PART 3--IMPLEMENTATION OF THE HAVANA ACT OF 2021
0
1. The authority citation for part 3 continues to read as follows:
Authority: 22 U.S.C. 2680b.
0
2. Amend Sec. 3.1 by revising paragraph (a) to read as follows:
Sec. 3.1 Authority.
(a) Under section 3 of the HAVANA Act of 2021 (Pub. L. 117-46, as
amended by Pub. L. 119-60), codified in 22 U.S.C. 2680b, the Secretary
of Commerce and 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
September 11, 2001. The authority to provide such payments is at the
discretion of the Secretary or their designee.
* * * * *
0
3. Amend Sec. 3.2 by revising paragraphs (a)(1), (a)(3), (b), (c), and
(f) to read as follows:
Sec. 3.2 Definitions.
(a) Covered employee. (1) An employee of the Department of Commerce
who, on or after September 11, 2001, becomes injured by reason of a
qualifying injury to the brain
* * * * *
(3) The following are not considered employees of the Department
for purposes of this rule: employees or retired employees who were
employed by other agencies at the time of the injury.
* * * * *
(b) Covered dependent. A family member of a Department of Commerce
current or former employee who, on or after September 11, 2001, becomes
injured by reason of a qualifying injury to the brain while the
dependent's sponsor was an employee of the Department of Commerce as
specified in paragraph (a)(2) of this section.
(c) Covered individual. A former employee of the Department of
Commerce who, on or after September 11, 2001, becomes injured by reason
of a qualifying injury to the brain while they were an employee of the
Department of Commerce as specified in paragraph (a)(2) of this
section.
* * * * *
(f) Other incident. A new onset of physical manifestations that
cannot otherwise be readily explained and that is designated under 22
U.S.C. 2680b.
0
4. Amend Sec. 3.3 by revising paragraphs (a), (b), and (c) to read as
follows:
Sec. 3.3 Eligibility for payments by the Department of Commerce.
(a) The Department of Commerce may provide a payment to covered
individuals, as defined this section, if the qualifying injury to the
brain was assessed and diagnosed in person by a currently board-
certified physician from the American Board of Psychiatry and Neurology
(ABPN), the American Osteopathic Board of Neurology and Psychiatry
(AOBNP), the American Board of Physical Medicine and
[[Page 23908]]
Rehabilitation (ABPMR), or the American Board of Physical Medicine and
Rehabilitation (AOBPMR); and occurred on or after September 11, 2001,
and while the individual was a covered employee of the Department of
Commerce.
(b) The Department of Commerce may provide a payment to covered
employees, as defined in this section, if the qualifying injury to the
brain was assessed and diagnosed in person by a currently board-
certified physician from ABPN, AOBNP, ABPMR, or AOBPMR; and occurred on
or after September 11, 2001, and while the employee was a covered
employee of the Department.
(c) The Department of Commerce may provide a payment to a covered
dependent, if the qualifying injury to the brain was assessed and
diagnosed in person by a currently board-certified physician from the
ABPN, AOBNP, ABPMR, or AOBMR; and occurred on or after September 11,
2001, and while the dependent's sponsor was a covered employee of the
Department.
* * * * *
0
5. Revise Sec. 3.4 to read as follows:
Sec. 3.4 Consultation with other agencies.
The Department may consult with the appropriate officials in other
Federal agencies to identify their current and former covered
employees, and current and former dependents who reported an anomalous
health incident. The Department will not process payment for employees,
former employees, or dependents of current or former employees of other
agencies if the relevant employee was employed by another agency at the
time of the injury.
[FR Doc. 2026-08622 Filed 5-1-26; 8:45 am]
BILLING CODE 3510-17-P
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</html>Indexed from Federal Register on May 4, 2026.
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