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DOJ/FBI RIN: 1110-AA27 Publication ID: Spring 2011 
Title: Proposed Changes to NICS Intended To Promote Public Safety, To Enhance the Efficiency of NICS Operations, and To Resolve Difficulties Created by Unforeseen Processing Conflicts Within the System 
Abstract: The Department of Justice proposes four amendments to title 28 of the Code of Federal Regulations, part 25. These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the system. The proposed amendments are for the following purposes: (1) to add tribal criminal justice agencies to those entities authorized to receive information in connection with the issuance of a firearm-related permit or license; (2) to authorize access to the FBI-maintained NICS Index to permit background checks for the purpose of disposing of firearms in the possession of a law enforcement or criminal justice agency, such as returning a firearm to a family member in cases of suicide; (3) to authorize access to the FBI-maintained NICS Index to permit the NICS to respond to inquiries from the United States Attorney General, or designee, in connection with identifying whether named individuals are restricted persons pursuant to 42 U.S.C. 262a (Enhanced Control of Dangerous Biological Agents and Toxins) and 18 U.S.C. 175b (Biological Weapons – Select Agents); and (4) to permit the NICS to retain in a separate database its Audit Log records relating to denied transactions for the full record retention period approved by the National Archives and Records Administration. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 25.6   
Legal Authority: PL 103-159   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2011    
NPRM Comment Period End  01/00/2012    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mary Kay Paugh
Program Analyst, EDAS Team, NICS Section, CJIS Division
Department of Justice
Federal Bureau of Investigation
Module A-3, 1000 Custer Hollow Road,
Clarksburg, WV 26306
Phone:304 625-7414
Fax:304 625-0535