Privacy Act of 1974; Notice of Modified System of Records

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

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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

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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

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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,

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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