DOJ Finalizes NICS Employment Checks, HAVANA Act Payments; NIH Opens Comment Windows

DOJ: Firearm Handler Background Checks via NICS

The Justice Department has issued a final rule, effective November 27, 2026, amending 28 CFR part 25 to authorize Federal Firearm Licensees (FFLs) to voluntarily use the National Instant Criminal Background Check System (NICS) for employment background checks of current or prospective FFL employees — designated "firearm handler background checks" (FHCs) of "eligible employees."

The rule implements a statutory mandate from the Bipartisan Safer Communities Act (BSCA), Public Law 117-159, which required the Attorney General to promulgate regulations allowing FFLs to access NICS for this purpose as part of combatting firearms trafficking and straw purchasing. The Department published a Notice of Proposed Rulemaking on December 12, 2024 (89 FR 100424), and the final rule adopts that proposal with limited exceptions.

The rule states it will impose little to no costs on FFLs, eligible employees, or State, local, or Tribal governmental entities. Participation is voluntary at every level: FFLs are not required to submit FHCs; an eligible employee must provide informed, written consent before a check may be conducted; and agencies acting as "points of contact" (POCs) during NICS checks for firearm transfers are not required to process FHCs unless they voluntarily choose to add those duties. The rule states that State, local, and Tribal governmental entities are not obligated to respond to FHC-related requests from the FBI or POCs.

The rule explains that FFLs may inadvertently employ prohibited persons who would then have access to firearms or ammunition through their employment duties and who may use that access to engage in illegal firearms trafficking, straw purchases, or illegal possession. Once effective, the rule will allow FFLs that submit FHCs to determine whether NICS information indicates that an eligible employee is, or may be, prohibited from receiving or possessing firearms or ammunition, assisting FFLs in making informed determinations about whether that person should have employment duties involving access to firearms, ammunition, or their manufacturing components.

DOJ: HAVANA Act Payments for Brain-Injury Victims

A second Justice Department final rule, also effective November 27, 2026, finalizes the Department's implementation of the HAVANA Act of 2021, Public Law 117-46, which authorizes agency heads to provide payments to certain individuals who have incurred qualifying injuries to the brain. The rule covers current and former Department of Justice employees and their dependents, and amends 28 CFR part 106.

The Department originally published an interim final rule on April 19, 2024 (89 FR 28633), with a technical correction published May 3, 2024 (89 FR 36671), effective May 20, 2024. No comments were received during the original comment period, which closed June 18, 2024. After discovering a technical problem with the Federal eRulemaking Portal that may have hindered electronic submissions, the Department reopened the comment period until November 18, 2024, and again received no written or electronic comments.

The final rule differs from the interim final rule only in minor, non-substantive ways: it updates the titles of certain officials involved in the payment review process following reorganizations at the FBI and the Justice Management Division. In the FBI, the "Executive Assistant Director, Human Resources Branch" is now identified as the "Operations Director, Human Capital Branch"; in the Justice Management Division, the "Deputy Assistant Attorney General, Human Resources and Administration" is now the "Deputy Assistant Attorney General for Human Capital." The rule also reflects changes to the earliest eligibility date for claims in accordance with statutory changes occurring after issuance of the interim final rule.

The document notes that in 2016, Department of State employees stationed in Havana, Cuba, began reporting a sudden onset of symptoms including headaches, pain, nausea, disequilibrium, and hearing loss in conjunction with sensory events — incidents Federal agencies have called Anomalous Health Incidents (AHIs). The HAVANA Act removed a prior requirement that qualifying injuries must occur in the Republic of Cuba, the People's Republic of China, or another foreign country designated by the Secretary of State; coverage now includes qualifying injuries occurring in any foreign or domestic location.

NIH: Clinical Research Training Data Collection Open for Comment

The NIH Clinical Center has submitted to OMB a request for review and approval of a revised information collection — OMB Control No. 0925-0698 — covering the application process for clinical research training and medical education at the NIH Clinical Center. Comments are best assured of having their full effect if received by November 27, 2026.

According to the notice, the collection was previously published in the Federal Register on August 6, 2026, at page 50864 (Vol. 91, No. 450), allowing 60 days for public comment; no comments were received. The current 30-day window is the additional comment opportunity required before OMB approval.

The notice describes the primary objective of the application process as allowing the Office of Clinical Research Training and Medical Education (OCRTME) at the NIH Clinical Center to evaluate applicants' qualifications and determine eligibility for training programs managed by the Office. Applications are reviewed initially by OCRTME administrative staff to establish eligibility; eligible candidates are then referred to the designated training program director/administrator or selection committee for decisions regarding acceptance. Upon acceptance, OCRTME collects required eligibility documents. A secondary objective is to track enrollment in training programs over time. OMB approval is requested for 3 years. The notice states there are no costs to respondents other than their time, with total estimated annualized burden hours of 400, across 1,200 total respondents spanning six forms covering programs including the Clinical Electives Program, Graduate Medical Education, Medical Research Scholars Program, Resident Electives Program, Bioethics Fellowship Program, and OCRTME Onboarding Application.

NIH/NIAID: Lymphatic Filariasis Diagnostic Technology Available for Licensing

The National Institute of Allergy and Infectious Diseases (NIAID) has announced that a government-owned invention — HHS Reference No. E-067-2024-0 — is available for licensing. The technology, titled "Compositions and Methods for Detecting Lymphatic Filariasis," was invented by Dr. Thomas B. Nutman and Dr. Sasisekhar Bennuru of NIAID.

The notice describes lymphatic filariasis (LF), also known as elephantiasis, as a neglected tropical disease affecting over 120 million people throughout the tropics and subtropics of Asia, Africa, the Western Pacific, and parts of the Caribbean and South America. LF results from infection with the filarial parasites Wuchereria bancrofti or Brugia malayi. The notice states that existing immunoassays show cross-reactivity with antibodies directed toward other parasites such as Onchocerca volvulus or Loa loa, whose geographic distribution can overlap with LF-causing filarial parasites. The new technology addresses that cross-reactivity limitation.

The subject technology centers on the antigen Wb4B, a modified version of recombinant Wb4 that lacks the nineteen (19) amino acid signal sequence of full-length Wb4, which the notice states appears capable of isolation and purification by traditional molecular biology techniques and shows improved response in immunoassays. The technology is available for licensing for commercial development in accordance with 35 U.S.C. 209 and 37 CFR part 404, as well as for further development and evaluation under a research collaboration. The notice states there may be potential to combine this technology with other NIAID-developed biomarker technologies — Wb123 (HHS Ref. No. E-281-2010-0) and Wb5 (HHS Ref. No. E-093-2022-0) — for development of a multiplex assay for detection of active W. bancrofti or B. malayi infection for diagnostic or surveillance purposes. The technology is at the Pre-Clinical development stage. A U.S. Provisional Patent Application No. 63/672,667 was filed on July 17, 2024, and PCT Application No. PCT/US2025/037585 was filed on July 17, 2025.

What to Watch

• November 27, 2026: DOJ final rule on NICS firearm handler background checks takes effect (28 CFR part 25).
• November 27, 2026: DOJ final rule implementing the HAVANA Act takes effect (28 CFR part 106).
• November 27, 2026: Deadline for public comments to OMB on NIH Clinical Center information collection (OMB Control No. 0925-0698).

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