The Helping American Victims Afflicted by Neurological Attacks (HAVANA) Act of 2021 was signed by President Biden in October 2021. The Act provides for the possibility of one-time, lump sum payments for those affected by Anomalous Health Incidents (AHIs).

The Department of Commerce's implementing regulations were published on April 19, 2023. Only Department of Commerce (DOC) employees, former employees, and family members are eligible to receive payment under these regulations, while other U.S. government agencies have published or will publish separate regulations to cover their own employees. Eligibility for payment does not preclude requesters from receiving other benefits, such as workers’ compensation, authorized by other statutes and regulations.

Under the provisions of the Act, potential recipients must meet certain criteria for payment; these criteria include:

• An acute injury to the brain such as, but not limited to, a concussion or penetrating injury, or as the consequence of an event that leads to permanent alterations in brain function as demonstrated by confirming correlative findings on imaging studies (to include computed tomography scan (CT), or magnetic resonance imaging scan (MRI)), or electroencephalogram (EEG); or
• A medical diagnosis of a traumatic brain injury (TBI) that required active medical treatment for 12 months or more; or
• Acute onset of new persistent, disabling neurologic symptoms as demonstrated by confirming correlative findings on imaging studies (to include CT or MRI), or EEG, or physical exam, or other appropriate testing, and that required active medical treatment for 12 months or more; and
• The qualifying injury to the brain must have occurred on or after January 1, 2016, in connection with certain hostile acts, including war, terrorist activity, or other incidents designated by the Secretary of State, and must not have been the result of the willful misconduct of the recipient. Other incident is defined as a new onset of physical manifestations that cannot otherwise be readily explained.

The DOC will make HAVANA Act payments at either a Base (75 percent of maximum pay rate established by Executive Schedule Level III (EX-III)) or Base Plus (100 percent of maximum pay rate established by Executive Schedule Level III (EX-III)) level depending on the severity of the injury. Key to this determination is the Eligibility Questionnaire for HAVANA Act Payments (Form CD-350) filled out by a requester and their qualifying physician. To qualify for a Base Plus payment, potential recipients must meet at least once of these criteria:

• The Department of Labor (Office of Workers' Compensation Programs) must have determined that the requester has no reemployment potential; or
• The Social Security Administration must have approved the requester for Social Security Disability Insurance; or
• The Social Security Administration must have approved the requester for Supplementary Security Insurance; or
• The requester's physician must certify that the individual requires a full-time caregiver for activities of daily living, as defined by the Katz Index of Independence of Daily Living. 

Otherwise, only the Base payment will be considered. If you believe you may qualify for a payment, please contact us at [email protected]. The Director, Office of Human Resources Management will approve all HAVANA Act payments. Appeals will be considered by the Deputy Assistant Secretary for Administration. 

HAVANA Act - Authorized Payment Frequently Asked Questions

Eligibility Questionnaire for HAVANA Act Payments (Form CD-350)