[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Notices]
[Pages 78190-78191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31749]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 211-2000]


Privacy Act of 1974; System of Records

AGENCY: Federal Bureau of Investigation, DOJ.

ACTION: Notice.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), and 
Office of Management and Budget (OMB) Circular No. A-130, 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 November 25, 1998 (63 FR 
65223):
    The National Instant Criminal Background Check System (NICS) 
JUSTICE/FBI-018.

Opportunity For Comment

    The Privacy Act (5 U.S.C. 552a(e)(4) and (11)) requires that the 
public be given 30 days in which to comment on any new or amended uses 
of information in a system of records. In addition, in accordance with 
Privacy Act requirements (5 U.S.C. 552a(r)), the Department of Justice 
has provided a report on these modifications to OMB and the Congress. 
OMB, which has oversight responsibilities under the Act, requires that 
OMB and the Congress be given 40 days in which to review major changes 
to Privacy Act systems. Therefore, the public, OMB, and the Congress 
are invited to submit written comments on this modification.

FOR FURTHER INFORMATION CONTACT:  Mary E. Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, 1400 National Place Building, Washington, DC 20530.

EFFECTIVE DATE: These proposed changes will be effective January 23, 
2001, unless comments are received that result in a contrary 
determination.

SUPPLEMENTARY INFORMATION: The Department is modifying the system of 
records to clarify that the NICS contains records of appealed 
transactions in an appeals file which is separate from and in addition 
to the NICS Audit Log. (Although the NICS Audit Log is also used to 
record basic comments relating to appealed transactions.) Accordingly, 
we have added ``Appeals Records'' to the list of categories of records 
in the system.
    Clarification was made to the category of ``aliens'' who are 
covered by the system. The revision notes that the category also 
includes aliens who have been admitted to the United States under a 
non-immigrant visa.
    An introductory paragraph has been inserted into the ``Routine 
Uses'' section which sets the context for the enumerated uses that 
follow. We are also providing clarification through the promulgation of 
one new routine use

[[Page 78191]]

(``I'') which expressly provides that information relating to 
individuals who have been denied a firearm by the NICS may be provided 
to federal, states, local, joint, tribal, foreign, international, or 
other public agencies/organizations for the furtherance of law 
enforcement interests. Proposed firearm transfers are denied by the 
NICS when available information demonstrates that the prospective 
transferee is disqualified from possessing a firearm under federal or 
state law. Law enforcement agencies may use this information to 
investigate possible violations of federal and/or state law with regard 
to the attempted purchase of the firearm, as well as for other law 
enforcement uses that could have significant public safety benefits.
    Accordingly, the system of records is modified as provided below.

    Dated: December 6, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/FBI-018

SYSTEM NAME:
    National Instant Criminal Background Check System (NICS).
* * * * *

ACTION:
    The system notice published in the Federal Register on November 25, 
1998 (63 FR 65223), is amended as follows:
    1. In the section titled ``Category of Individuals Covered by the 
System,'' subsection E is revised, and subsection L is amended by 
replacing the first two sentences with three new sentences, to read as 
follows:

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
* * * * *
    E. Is an alien who is illegally or unlawfully in the United States 
or who has been admitted to the United States under a non-immigrant 
visa.
* * * * *
    L. Has applied for the transfer of a firearm or for 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 individuals is maintained for system 
administration and security purposes in the ``NICS Audit Log,'' a 
system transaction log described below under the headings ``CATEGORIES 
OF RECORDS IN THE SYSTEM'' and ``RETENTION AND DISPOSAL.'' Identifying 
information may also be maintained in appeals files for those 
individuals who have requested the reason for a denial or delay from 
the FBI, or from a law enforcement agency serving as a POC, and/or 
challenged the accuracy or validity of a disqualifying record or 
otherwise inquired about a NICS transaction. * * *
    2. The section titled ``Categories of Records in the System'' is 
amended by adding a new paragraph at the end to read as follows:

CATEGORIES OF RECORDS IN THE SYSTEM:
* * * * *
    The NICS also contains ``appeals records'' which reflect inquiries 
by individuals regarding the reason for a delay or denial by the FBI or 
a POC, and/or challenges to the accuracy or validity of a disqualifying 
record, or other types of inquiries made by individuals about a NICS 
transaction.
    3. The section titled ``Routine Uses of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Uses'' 
is amended by adding an introductory paragraph and a new subparagraph ( 
``I'' ) at the end to read as follows:

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The FBI may disclose relevant system records to the following 
persons or entities under the circumstances or for the purposes 
described below, to the extent such disclosures are compatible with the 
purpose for which the information was collected. (Routine uses are not 
meant to be mutually exclusive and may overlap in some cases.)
* * * * *
    I. Information pertaining to individuals who have been denied a 
firearm by the NICS may be disclosed, either electronically or 
otherwise, to a federal, state, local, joint, tribal, foreign, 
international, or other public agency/organization where such 
disclosure may promote, assist, or otherwise serve law enforcement 
interests. By way of example and not limitation, such disclosures may, 
for instance, include posting all NICS denials on a centralized 
database that would be electronically accessible to law enforcement 
agencies.

[FR Doc. 00-31749 Filed 12-13-00; 8:45 am]
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