[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Notices]
[Pages 65223-65228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31503]
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DEPARTMENT OF JUSTICE
[AAG/A Order 154-98]
Privacy Act of 1974; Notice of Modified System of Records
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.
552a), notice is hereby given that the Department of Justice, Federal
Bureau of Investigation (FBI), is modifying the following system of
records which was last published in the Federal Register on June 4,
1998 (63 FR 30514):
The National Instant Criminal Background Check System (NICS)
JUSTICE/FBI-018.
In the rules section of today's Federal Register, the Department of
Justice is also providing a final rule exempting the NICS from certain
provisions of the Privacy Act.
This notice addresses comments received by the Department of
Justice following publication of the Notice of New System of Records
for the NICS, published in the Federal Register on June 4, 1998 (63 FR
30514), in which, in accordance with 5 U.S.C. 552a(e)(4) and (11), the
public, the Office of Management and Budget, and the Congress were
invited to comment on the new routine uses. The Department of Justice/
FBI accepted comments on the NICS system notice from the public dated
on or before July 6, 1998.
Significant Comments
A number of comments raised matters that were more pertinent to
other notices of proposed rulemaking relating to the NICS: The National
Instant Criminal Background Check System Regulation published in the
Federal Register on June 4, 1998 (63 FR 30430), and the National
Instant Criminal Background Check System User Fee Regulation, published
in the Federal Register on August 17, 1998 (63 FR 43893). Such comments
have been addressed in the final NICS rule, the National Instant
Criminal Background Check System Regulation, published in the Federal
Register on October 30, 1998 (63 FR 58303). Other comments raised
matters that were more pertinent to the proposed rule exempting the
NICS from certain provisions of the Privacy Act, published in the
Federal Register on June 4, 1998 (63 FR 30429). Such comments are
addressed in a final rule, Exemption of System of Records Under the
Privacy Act, published in the rules section of today's Federal
Register.
A number of comments opposed retention by the NICS of a temporary
log of background check transactions that allow a firearm transfer to
proceed. (For a more detailed discussion of this issue, see the final
NICS rule, the National Instant Criminal Background Check System
Regulation, published in the Federal Register on October 30, 1998 (63
FR 58303).) Although the Brady Handgun Violence Prevention Act (Brady
Act) mandates the destruction of all personally identified information
in the NICS associated with approved firearms transactions (other than
the identifying number and the date the number was assigned), the
statute does not specify a period of time within which records of
approvals must be destroyed. At the same time, the Brady Act requires
that the Department ensure the privacy and security of the NICS and the
proper operation of the system. The Department has attempted to balance
various interests involved and comply with both statutory requirements
by retaining such records in the NICS Audit Log for a limited, but
sufficient, period of time to conduct audits of the NICS. The original
NICS records system notice indicated that records of firearm
transaction approvals would be maintained for eighteen months. However,
in recognition of the numerous comments objecting to this retention
period as too long, the Department reexamined the time period needed to
perform audits of the NICS. The Department determined that the general
retention period for records of allowed transfers in the NICS Audit Log
should be the minimum reasonable period for performing audits on the
system, but in no event more than six months. The final NICS
regulations reflect this (but also provide that such information may be
retained for a longer period if necessary to pursue identified cases of
misuse of the system). The Department further determined that the FBI
shall work toward reducing the retention period to the shortest
practicable period of time less than six months that will allow basic
security audits of the NICS. By February 28, 1999, the Department will
issue a notice of a proposed revision of the regulation setting forth a
further reduced period of retention that will be observed by the
system. The NICS system of records has been modified to reflect these
changes.
Various comments expressed concern that the Audit Log would allow
states acting as NICS Points of Contact (POCs) and law enforcement
agencies access to records of approved transfers. This is not a well-
founded concern because only the FBI will be able to directly access
information in the transaction log. Section 25.9(b)(2) of the final
rule was revised to provide explicitly that such information is
directly available only to the FBI, and only for the purposes of
conducting audits of the use and performance of the NICS or pursuing
cases of misuse of the system.
In addition to several comments which objected to particular
routine uses, one comment pointed out that the list of ``routine uses''
in the original NICS system notice appeared broader than the uses
addressed in the regulations for both the National Crime Information
Center (NCIC) (citing 28 CFR 20.20(c) and 20.21(b)) and for the NICS
(citing 28 CFR 25.6(j)). Specifically, 28 CFR 25.6(j) limits the
[[Page 65224]]
access to the NICS Index for purposes that are unrelated to NICS
background checks required by the Brady Act to providing information to
criminal justice agencies in connection with the issuance of firearm-
related and explosives-related permits or licenses or to the ATF in
connection with enforcement of the Gun Control Act (18 U.S.C. Chapter
44) or the National Firearms Act (26 U.S.C. Chapter 53). The comment
objected that the original NICS system notice provided no justification
for any such apparent differences and expressed the opinion that a
significant number of the uses are ``inconsistent with Congress'
intent.''
The Department acknowledges that these apparent differences warrant
clarification. The NICS regulations were issued to establish policies
and procedures implementing the Brady Act. As explained in the final
NICS rule (63 FR 58305), the purpose of the limitation on access to the
NICS Index was to prevent checks of the NICS Index for general law
enforcement purposes.
The NICS Index is a separate database within the NICS which
contains records provided by Federal agencies to the FBI on persons
prohibited from receiving firearms under Federal law and records
provided voluntarily by some states on persons who have been denied the
purchase of a firearm or who are known to be disqualified from
possessing a firearm under federal law. Information in the NICS Index
generally relates to individuals who fall within categories ``C''
through ``G'' of the categories of individuals covered by the system
described in the NICS system notice below. For the most part, criminal
history records are not pertinent to these categories; instead the NICS
Index consists of data relating to such matters as mental incompetence,
renunciations of citizenship, immigration matters, and dishonorable
discharges. Largely due to privacy-related concerns expressed by the
federal agencies supplying such sensitive records to the NICS Index,
the Department will limit generalized non-Brady law enforcement
disclosures of the NICS Index to those uses provided in 28 CFR 25.6(j)
(which are embodied in this notice as routine uses ``A'' and ``B'').
However, the NICS Index is only one of several parts of the NICS,
and the express language of the regulation clearly limits the scope of
25 CFR 25.6(j) to the contents of the NICS Index. The NICS Audit Log is
separate from the NICS Index. In the course of conducting a NICS
search, the NICS will query the NICS Index, and any ``match'' found in
the NICS Index will be replicated in the NICS Audit Log. The
limitations in 28 CFR 25.6(j) do not extend to information in the NICS
Audit Log derived from individual ``hits'' in the NICS Index. (Nor,
apart from the NICS Index, do these limitations extend to other
components of the NICS,) Thus--as to these other NICS components--28
CFR 25.6(j) does not preclude the generalized law-enforcement
disclosures established in routine use ``C.'' Routine use ``C'' would
not, however, apply to the NICS Index, and this routine use is being
revised to make this clear.
Nor was 28 CFR 25.6(j) intended to limit certain other disclosures
incident to management and administration of the NICS when properly
authorized pursuant to the Privacy Act. Although this may not be
readily apparent from the express terms of the NICS regulation, it is
clearly evidenced by the Department's publication of the original NICS
Privacy Act system notice--which included the routine uses--
simultaneously with the publication of the proposed NICS regulations,
in which the system notice was expressly referenced. The NICS
regulations are to be read together with the NICS system notice.
(Indeed, this same result is a mirror of the NCIC, in which disclosures
addressed in the NCIC regulations are supplemented in NCIC's system
notice (60 FR 19775).) Thus, for instance, the NICS regulations must be
read together with routine use ``D,'' which provides for disclosures to
contractors, grantees, experts, consultants, volunteers, detailees, and
other non-FBI employees performing or working on a contract, service,
grant, cooperative agreement, or job for the Federal Government when
necessary to accomplish an agency function related to this system of
records and under requirements (including Privacy Act requirements)
specified by the FBI. The need to utilize outside service providers,
particularly in the creation, maintenance, and management of highly
complex systems, is a fact of life for virtually every public and
private entity. Further, when an agency provides by contract for the
operation of a system of records to accomplish an agency function, the
Privacy Act itself provides for considering the contractor and any
employee of such contractor as an employee of the agency for purposes
of Privacy Act sanctions (5 U.S.C. 552a(m)). The persons covered by
this use are the functional equivalent of FBI employees, and this use
confirms authority for disclosures to these persons to the same extent
as if they were actual FBI employees.
All of the routine uses contained in the NICS system notice comport
with Congress' intent and are fully compatible with the Brady Act. As
noted in House Report 103-344, the Brady Act was enacted in an effort
to stem the appalling consequences of an epidemic of gun violence by
preventing the acquisition of firearms by those prohibited under
federal or state law. The routine uses further the Brady Act's
preventive goals not only by preventing transfers of firearms to
disqualified individuals, but also by enhancing the deterrent prospect
of capture and prosecution of those who pursue unlawful transfers or
otherwise seek to unlawfully subvert the Brady Act. Prevention is also
furthered by routine uses which could permit prophylactic advisories to
the public and/or potential victims. Finally, it is entirely compatible
with the Brady Act to provide the FBI with the necessary flexibility to
carry out its responsibilities, and to facilitate inquiries by Members
of Congress to ensure their constituents have been treated
appropriately under the Brady Act. Accordingly, except as noted below,
this notice continues the routine uses as originally published.
Routine use ``C'' provides the necessary authority for further
coordination among law enforcement agencies for the purposes of
investigating, prosecuting, and/or enforcing violations of criminal or
civil law or regulation that may come to light during the NICS
operations. This provides a mechanism for pursuing criminal or civil
sanctions against those attempting to thwart governing laws or
regulations, which will strengthen and further the Brady Act's
deterrence goal. One comment objected to this routine use's additional
provision for disclosing violations of contract. Although this
additional provision was modeled after other systems where such
authority is useful and appropriate, it does appear not to be necessary
in the NICS. We are modifying this routine use to delete the provision
relating to disclosures of a violation or potential violation of a
contract. (As previously discussed, we are also modifying this routine
use to expressly provide that it does not apply to the NICS Index.)
Routine use ``E'' provides for appropriate disclosures to the
public (including a victim or potential victim) in furtherance of a
legitimate law enforcement or public safety function, or to keep the
public appropriately informed of other law enforcement or FBI matters
of legitimate public interest where disclosure would not constitute a
clearly unwarranted invasion of personal privacy. As for all routine
uses, such disclosures would only include those compatible with the
purposes for
[[Page 65225]]
collecting the information under the Brady Act. Such disclosures might
include local media announcements asking the public's assistance in
locating a dangerous fugitive who attempted to purchase a firearm in
the area, or alerting a protected spouse when the subject of a
protective order attempts to purchase a firearm. Such disclosures would
fully comport with the violence-prevention goals of Brady Act. As
another example, providing the public examples of the NICS'
effectiveness in particular cases could help deter disqualified persons
who might otherwise be tempted to test the system. On further review,
however, we conclude that it is unnecessary to also provide for public
disseminations not related to law enforcement or FBI matters. We are
modifying this routine use to delete the provision allowing disclosures
to the news media or general public in situations not related to law
enforcement or FBI matters. In addition, we are further modifying this
routine use to expressly provide that it does not apply to information
in the NICS Index.
Changes
This notice modifies the NICS system of records to reflect recent
statutory and regulatory changes affecting the NICS, and to make
various editorial and clarifying revisions. To the extent possible, the
changes and additions are italicized throughout the attached system
notice, and brief descriptions of the more noteworthy ones are provided
below.
As discussed above, the system has been modified to reflect that
the general retention period for records of allowed transfers in the
NICS Audit Log should be the minimum reasonable period for performing
audits on the system, but in no event more than six months, provided
that such information may be retained for a longer period if necessary
to pursue identified cases of misuse of the system.
Also as discussed above, routine use ``C'' has been modified to
delete the provision for disclosing violations or potential violations
of contracts, routine use ``E'' has been modified to delete provisions
for public disclosures not related to law enforcement or FBI matters,
and both of these routine uses have been modified to expressly provide
that they do not apply to the NICS Index.
In consonance with other changes made in the final NICS rule, the
NICS system notice has been modified to replace the term ``password''
with ``code word''; replace words such as ``purchase'' and
``purchaser'' with words such as ``transfer'' and ``transferee'';
change terminology relating to NICS denials from ``reason to believe''
to ``information demonstrating''; and to clarify that allowable non-
Brady Act uses of the NICS Index include responding to inquiries by
criminal justice agencies in connection with licenses or permits to
carry a concealed firearm or to import, manufacture, deal in, or
purchase explosives, and to inquiries by the ATF in connection with
enforcement of the Gun Control Act (18 U.S.C. Chapter 44) or the
National Firearms Act (26 U.S.C. Chapter 53).
The original NICS records system notice indicated that NICS'
searches of the National Crime Information Center (NCIC) and the
Interstate Identification Index (III) would be specifically directed
towards locating information that an individual is within the system-
notice categories A, B, H, and I of persons covered by the system. The
NICS searches of NCIC and III will also be directed towards locating
information that an individual is within the system-notice categories C
(unlawful user of or addicted to any controlled substance), and D
(adjudicated as a mental defective or has been committed to a mental
institution). The NICS system notice has been modified to reflect this.
The original NICS records system notice indicated that the
categories of individuals covered by the system included persons who
were FFLs authorized by the FBI to request NICS checks. The system will
also cover persons who claim on applications submitted to the FBI for
NICS access to be FFLs even though they are not, and FFLs on record
with the ATF that have not been granted authority to request NICS
checks. In addition, the original notice may not have been clear that
these FFL records are separate from the NICS Index and the NICS Audit
Log. The NICS system notice has been modified to clarify this.
The NICS system notice has been modified to expressly confirm that
in advising an FFL that a response will be ``delayed,'' the NICS may
apprise an FFL of an estimated time for completing the analysis.
Dated: November 19, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/FBI-018
SYSTEM NAME:
National Instant Criminal Background Check System (NICS).
SYSTEM LOCATION:
Federal Bureau of Investigation, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by the system include any
person who:
A. Is under indictment for, or has been convicted in any court of,
a crime punishable by imprisonment for a term exceeding one year;
B. Is a fugitive from justice;
C. Is an unlawful user of or addicted to any controlled substance;
D. Has been adjudicated as a mental defective or has been committed
to a mental institution;
E. Is an alien who is illegally or unlawfully in the United States;
F. Has been discharged from the Armed Forces under dishonorable
conditions;
G. Having been a citizen of the United States, has renounced such
citizenship;
H. Is subject to a court order that restrains the person from
harassing, stalking, or threatening an intimate partner or child of
such intimate partner (issued after a hearing of which actual notice
was received);
I. Has been convicted in any court of a misdemeanor crime of
domestic violence (involving the use or attempted use of physical force
committed by a current or former spouse, parent, or guardian of the
victim or by a person with a similar relationship with the victim);
J. Is otherwise disqualified from possessing a firearm under State
law;
K. Is or claims to be a Federal firearms licensee (FFL), i.e., a
person licensed by the Bureau of Alcohol, Tobacco and Firearms (ATF),
United States Department of Treasury, as a manufacturer, dealer, or
importer of firearms; or
L. Has applied for the transfer of a firearm or a firearms-related
permit or license and has had his or her name forwarded to the NICS as
part of a request for a NICS background check. (Identifying information
about this category of individual is maintained for system
administration and security purposes only in the ``NICS Audit Log,'' a
system transaction log described below under the headings ``CATEGORIES
OF RECORDS IN THE SYSTEM'' AND ``RETENTION AND DISPOSAL.'' In cases
where the NICS background check does not locate a disqualifying record,
information about the individual will only be retained temporarily for
the minimum reasonable period necessary for performing audits on the
system, but in
[[Page 65226]]
no event more than six months or such shorter period of time that the
Department establishes by regulation, provided that such information
may be retained for a longer period if necessary to pursue identified
cases of misuse of the system. The system will not contain any details
about the type of firearm which is the subject of the proposed transfer
(other than the fact that it is a handgun or a long gun) or whether a
sale or transfer of a firearm has actually taken place.
CATEGORIES OF RECORDS IN THE SYSTEM:
The ``NICS Index'' is the only database maintained by the FBI which
was created specifically for the NICS. The NICS Index contains records
obtained by the Attorney General from Federal agencies or States on
individuals who fall into the categories of individuals listed above
under the heading ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM,''
C through G. These records contain an individual's name; sex; race;
other personal descriptive data (such as scars and tattoos); complete
date of birth; state of residence; sometimes a unique identifying
number, such as a Social Security number (but NICS does not require it
to be furnished), a military number, or a number assigned by Federal,
State, or local law enforcement authorities.
The ``NICS Audit Log'' is a chronological record of system
(computer) activities that enables the reconstruction and examination
of a sequence of events and/or changes in an event related to the NICS.
With regard to a specific NICS transaction, the audit log will include:
The name and other identifying information about the prospective
transferee; the type of transaction (inquiry or response); line number;
time; date of inquiry; header; message key; Originating Agency
Identifier; and inquiry/response data, such as a NICS Transaction
Number (a unique number assigned to each valid background request
inquiry) and information found by the NICS search.
In addition, the NICS contains information on persons that are FFLs
(or claim to be). This information includes the FFL name, address,
phone numbers, ATF number, access code words, names of authorized
representatives and contact persons, and similar information used by
the NICS to identify, validate, and communicate with FFLs in the course
of NICS operations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
(1) 18 U.S.C. 922, as amended by the Brady Handgun Violence
Prevention Act (the ``Brady Act'') (Pub. L. 103-159, Nov. 30, 1993);
(2) 28 U.S.C. 534, as amended (Pub. L. 103-322, Title IV, 4060(a), Sep.
13, 1994, 105 Stat. 1950).
PURPOSE(S):
The purpose of the NICS, which was established pursuant to the
Brady Act, is to provide a means of checking available information to
determine whether a person is disqualified from possessing a firearm
under Federal or State law.
Prior to the transfer of a firearm, a prospective transferee, not
licensed under 18 U.S.C. 923, must obtain a firearms transaction form
from an FFL and provide the information required by the ATF. The
firearms transaction form is returned to the FFL, who is required by
the Brady Act to contact the NICS and furnish the name and certain
other identifying data provided by the transferee. NICS conducts a
search which compares the information about the transferee with
information in or available to NICS.
State and local law enforcement agencies may serve as Points of
Contact (POCs) for the NICS. Where there is no POC, the FBI's NICS
Operations Center serves in its place. The POC (or the NICS Operations
Center) receives inquiries from FFLs, initiates NICS background
searches, may check available state and local record systems,
determines whether matching records provide information demonstrating
that an individual is disqualified from possessing a firearm under
Federal or State law, and responds back to the FFLs.
In addition to a review of the NICS Index, a NICS search includes a
review of the pre-existing, separately-managed FBI criminal history
databases of the National Crime Information Center (NCIC)(JUSTICE/FBI-
001), including the Interstate Identification Index (III), to the
extent such searches are possible with the available information. NCIC
and III are cooperative Federal-State programs for the exchange of
criminal history record and other information among criminal justice
agencies to locate wanted and missing persons and for other
identification purposes. The search conducted of the NCIC and III, in
conjunction with the search of the NICS Index, attempts to locate only
information indicating that an individual firearm transferee is
identical to an individual in one or more of categories A through J
listed above under the heading CATEGORIES OF INDIVIDUALS IN THE SYSTEM,
with the search of NCIC and III specifically directed towards locating
information that an individual is within categories A, B, C, D, H, and
I.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A. Limited information may be provided by a POC or the NICS
Operations Center to an FFL who has contacted the NICS concerning a
prospective firearm transferee. If a matching record found by the NICS
provides information demonstrating that the prospective transferee is
disqualified from possessing a firearm under Federal or State law, the
FFL will be notified only that the application is ``denied,'' with none
of the underlying information provided. If additional record analysis
is required by the NICS representative (e.g to confirm that a record
relates to the potential transferee or to pursue supplemental
information to clarify whether the potential transferee is disqualified
from receiving a firearm), the response may read ``delayed'' and may
include an estimated time for completing the analysis. If no
disqualifying record is located by the NICS, the FFL will be told that
it may ``proceed.'' A unique identification number will be provided to
the FFL for all responses received from the NICS, which number shall be
recorded on the firearms transaction form.
B. Information in the NICS may be provided through the NCIC lines
to Federal criminal justice agencies, criminal justice agencies in the
fifty States, the District of Columbia, Puerto Rico, U.S. Possessions,
and U.S. Territories, including POCs and contributors of information in
the NICS Index, to enable them to determine whether the transfer of a
firearm to any person not licensed under 18 U.S.C. 923 would be in
violation of Federal or State law; whether the issuance of a license or
permit for the possession or sale of a firearm or firearms, or to carry
a concealed firearm, or to import, manufacture, deal in, or purchase
explosives would be in violation of Federal or State law or regulation;
whether appeals from denials should be granted or denied; and whether
to add to, delete from, revise, or update information previously
provided by the contributor. This includes responding to inquiries by
the ATF in connection with enforcement of the Gun Control Act (18
U.S.C. Chapter 44), or the National Firearms Act (26 U.S.C. Chapter
53).
C. If, during the course of any activity or operation of the system
authorized by the regulations governing the system (28 CFR, part 25,
subpart A), any record is found by the system which indicates,
[[Page 65227]]
either on its face or in conjunction with other information, a
violation or potential violation of law (whether criminal or civil)
and/or regulation, the pertinent record may be disclosed to the
appropriate agency/organization/task force (whether Federal, State,
local, joint, or tribal) and/or to the appropriate foreign or
international agency/organization charged with the responsibility of
investigating, prosecuting, and/or enforcing such law or regulation,
e.g., disclosure of information from the system to the ATF, United
States Department of Treasury, regarding violations or potential
violations of 18 U.S.C. 922(a)(6). (This routine use does not apply to
the NICS Index.)
D. System records may be disclosed to contractors, grantees,
experts, consultants, volunteers, detailees, and other non-FBI
employees performing or working on a contract, service, grant,
cooperative agreement, or job for the Federal Government when necessary
to accomplish an agency function related to this system of records and
under requirements (including Privacy Act requirements) specified by
the FBI.
E. System records may be disclosed to the news media or members of
the general public or to a victim or potential victim in furtherance of
a legitimate law enforcement or public safety function, e.g., to assist
in locating fugitives; to provide notification of arrests; to provide
alerts, assessments, or similar information on potential threats to
life, health, or property; or to keep the public appropriately informed
of other law enforcement or FBI matters of legitimate public interest.
(The availability of information in pending criminal cases will be
governed by the provisions of 28 CFR 50.2.) (This routine use does not
apply to the NICS Index.)
F. Where the disclosure of system records has been determined by
the FBI to be reasonable and necessary to resolve a matter in
litigation or in anticipation thereof, such records may be disclosed to
a court or adjudicative body, before which the FBI is authorized to
appear, when: (a) The FBI or any FBI employee in his or her official
capacity; (b) any FBI employee in his or her individual capacity where
the Department of Justice has agreed to represent the employee; or (c)
the United States, where the FBI determines it is likely to be affected
by the litigation, is or could be a party to the litigation, or has an
official interest in the litigation.
G. System records may be made available to a Member of Congress or
staff acting on the Member's behalf when the Member or staff requests
the information on behalf and at the written request of the individual
who is the subject of the record.
H. System records may be disclosed to the National Archives and
Records Administration for records management inspections and such
other purposes conducted under the authority of 44 U.S.C. 2904 and
2906.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are stored electronically for use in a computer environment
in areas safe from access by unauthorized persons or exposure to
environmental hazards. In general, the security policy for the NCIC
(JUSTICE/FBI-001) is followed.
Retrievability:
Records are retrieved by name, sex, race, date of birth, state of
residence, other personal descriptive data, the NICS Transaction
Number, FFL number, and, in some instances, unique numeric identifier,
e.g., a Social Security number or a military identification number. (A
Social Security number is not required by the NICS.)
Safeguards:
Records searched by the NICS are located in secure government
buildings with limited physical access. Access to the results of a NICS
record search is further restricted to authorized employees of Federal,
State, and local law enforcement agencies who make inquiries by use of
identification numbers and code words.
When a Federal, State, or local agency places information in the
NICS Index, it uses its agency identifier and a unique agency record
identifier for each record provided to the NICS. Federal, State, or
local agencies can modify or cancel only the data that they have
provided to NICS Index.
Retention and Disposal:
Information provided by other Federal agencies or State or local
governments will be maintained in the NICS Index unless updated or
deleted by the agency/government which contributed the data.
The FBI will maintain an Audit Log of all NICS transactions.
Firearms transaction approvals will be maintained for the minimum
reasonable period necessary for performing audits on the system, but in
no event more than six months or such shorter period of time that the
Department establishes by regulation (except that such information may
be retained for a longer period if necessary to pursue identified cases
of misuse of the system). The NICS Transaction Number (the unique
number assigned to the NICS transaction) and the date on which it was
assigned will be maintained indefinitely. Information related to
firearms transfer denials will be retained for 10 years and then
disposed of as directed by the National Archives and Record
Administration.
System Manager(s) and Address:
Director, Federal Bureau of Investigation, J. Edgar Hoover FBI
Building, 935 Pennsylvania Avenue, NW, Washington, DC 20535-0001.
NOTIFICATION PROCEDURES:
This system of records has been exempted from the notification
procedures of subsections (d) and (e)(4)(G), to the extent permitted by
subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act. Requests for
notification should be addressed to the Systems Manager. Requirements
for a request are the same as set forth below under the heading
``RECORD ACCESS PROCEDURES.''
RECORD ACCESS PROCEDURES:
This system of records has been exempted from the access procedures
of subsections (d) and (e)(4)(H) to the extent permitted by subsections
(j)(2), (k)(2), and (k)(3) of the Privacy Act. A request for access to
a non-exempt record from the system should be addressed to the System
Manager, shall be made in writing, and should have the envelope and the
letter marked ``Privacy Act Request.'' The request must include the
full name, complete address, date of birth, and place of birth of the
requester. The requester must sign the request; and, to verify it, the
signature must be notarized or submitted under 28 U.S.C. 1746, a law
that permits statements to be made under penalty of perjury as a
substitute for notarization.
Alternative procedures are available to a person who has been
denied the transfer of, or permit for, a firearm or explosives because
of information in the NICS. The procedures provide for an appeal of a
denial and a method to seek the correction of erroneous data searched
by or maintained in the system. The alternative procedures can be found
at 28 CFR, part 25, subpart A.
CONTESTING RECORD PROCEDURES:
This system of records has been exempted from the contest and
amendment procedures of subsections (d) and (e)(4)(H) to the extent
permitted by subsections (j)(2),(k)(2), and (k)(3) of
[[Page 65228]]
the Privacy Act. Requests should be addressed to the System Manager and
should clearly and concisely describe the precise information being
contested, the reasons for contesting it, and the proposed amendment or
correction proposed to the information. In addition, as described above
under ``RECORD ACCESS PROCEDURES,'' an alternative procedure is
available to a person who has been denied the transfer of, or permit
for, a firearm or explosives because of information in the NICS, by
which the individual may seek the correction of erroneous data in the
system. The procedures are further described at 28 CFR, part 25,
subpart A.
RECORD SOURCE CATEGORIES:
Information contained in the NICS is obtained from local, State,
Federal, and international records.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Attorney General has exempted this system from subsections
(c)(3) and (4); (d); (e)(1); (2), and (3) (e)(4)(G) and (H); (e)(5) and
(8); and (g) of the Privacy Act, pursuant to 5 U.S.C. 552a(j)(2). In
addition, the Attorney General has exempted his system from subsections
(c)(3), (d), (e)(1), and (e)(4)(G) and (H) of the Privacy Act, pursuant
to 5 U.S.C. 552a (k)(2) and (k)(3). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553 (b), (c), and (e), and
have been published in the Federal Register.
[FR Doc. 98-31503 Filed 11-24-98; 8:45 am]
BILLING CODE 4410-12-P