U.S. FEDRegulation
United States: DOJ final rule sets HAVANA Act brain-injury payments under 28 CFR Part 106
The Department of Justice published a final rule on October 27, 2026 adopting its April 2024 interim final rule implementing the HAVANA Act of 2021 at 28 CFR Part 106. The rule covers current and former department employees and their dependents with qualifying brain injuries, moves the earliest eligibility date to September 11, 2001, and updates two payment-approval official titles. It takes effect November 27, 2026.
Key points
- The rule covers current and former Department of Justice employees and their dependents who sustain a qualifying injury to the brain.Federal Register
- Eligibility reaches injuries on or after September 11, 2001, replacing January 1, 2016 under Public Law 119-60, section 5604.Federal Register
- Payments are one-time, non-taxable lump sums capped at Level III of the Executive Schedule; the Base payment is 75 percent.Federal Register
- The FBI Operations Director, Human Capital Branch approves FBI claims; the Deputy Assistant Attorney General for Human Capital approves other department claims.Federal Register
- A denied applicant may appeal to the Assistant Attorney General for Administration within 60 days; payment amounts are not appealable.Federal Register
- The rule, FR Doc. 2026-21923 at 91 FR 67476, drew no comments on the interim final rule in the original or reopened comment period.Federal Register
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Federal Register
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RegulationU.S.DOJ HAVANA Act Implementation Rule (28 CFR Part 106)EmploymentHealthcareFor practitionersFor governance