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DOJ/FBI

RIN: 1110-AA02

Publication ID: Spring 2001

Title: Operation of the National Instant Criminal Background Check System
Abstract: This rule notifies State and local law enforcement agencies and Federal Firearms Licensees of the establishment of the National Instant Check System (NICS). On June 4, 1998, the FBI published an NPRM setting forth the policies and procedures regarding use of the system, including regulations pertaining to the security and privacy of information. On August 8, 1998, the FBI published an NPRM proposing the user fee to be charged for use of the NICS. On October 30, 1998, the FBI published a final rule noting that the user fee would not be charged pursuant to congressional action. The final rule also provides that, by February 28, 1999, the Department will issue a notice of proposed revision of the regulation setting forth a further reduced period of retention of information relating to approved transfers. On March 3, 1999, the FBI published an NPRM proposing a reduced period of record retention. On January 22, 2001, the FBI published a final rule reducing the period of record retention form 180 days to 90 days. On March 1, 2001, the FBI published a delay of the effective date of the final rule until May 4, 2001.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 28 CFR 16 28 CFR 20 28 CFR 25
Legal Authority: 18 USC 922 to 925 Brady Handgun Violence Prevention Act

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	The Brady Handgun Violence Prevention Act requires the NICS be established not later than 60 months after enactment (11/30/93).	11/30/1998

Timetable:

Action	Date	FR Cite
Delay of Effective Date	03/01/2001	66 FR 12854

Child RIN List:

RIN	Title
1110-AA18	NICS Privacy & Security Policies
1110-AA16	NICS User Fee
1110-AA19	Privacy & Security Policies and User Fee
1110-AA17	Reduction of Retention Period

Additional Information: Transferred from RIN 1105-AA51.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State, Tribal
Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Fanny L. Haslebacher Attorney Advisor, Access Integrity Unit Department of Justice Federal Bureau of Investigation CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306-0147 Phone:304 625-2000