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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System

This memorandum directs federal agencies to improve sharing of relevant records with the National Instant Criminal Background Check System (NICS) to prevent prohibited individuals from obtaining firearms. It establishes deadlines for DOJ guidance, agency reporting, and creates a working group to coordinate implementation of the 2007 NICS Improvement Amendments Act.

Federal Register Open PDF 78 FR 4297

Impact dates

  1. Annual reports due thereafter

  2. First annual report to President through Attorney General on relevant records

  3. Agencies submit report to DOJ on relevant records and implementation plan

  4. DOJ issues guidance to agencies on identifying and sharing relevant Federal records with NICS

Key directives

  • DOJ shall issue guidance to agencies on identifying and sharing relevant Federal records with NICS within 45 days
  • Agencies shall submit report to DOJ on relevant records and implementation plan within 60 days of guidance issuance
  • Attorney General shall resolve disputes concerning whether agency records are relevant for NICS
  • Agencies shall prioritize making relevant records available to NICS on regular and ongoing basis
  • Agencies with relevant records shall submit annual reports to President through Attorney General by October 1, 2013, and annually thereafter
  • Compliant agencies may submit annual certification in lieu of full report
  • Establish NICS Consultation and Coordination Working Group chaired by Attorney General or designee
  • Attorney General authorized to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • DOJ to issue guidance within 45 days
  • Working Group established

Near term (90d)

  • Agencies to submit reports and implementation plans within 60 days of guidance issuance
  • First annual report due October 1, 2013

Long term

  • Ongoing annual reporting and certification requirements
  • Quarterly record updates for compliant agencies
  • Continuous NICS record improvement

Risks & tensions

  • Implementation subject to availability of appropriations may limit enforcement
  • Dispute resolution authority concentrated in Attorney General may create interagency friction
  • Mental health record sharing raises privacy concerns not explicitly addressed
  • Strong encouragement for independent agencies lacks binding force
  • Quarterly update requirement for streamlined reporting is contingent on agency certification of full compliance
Presidential Memorandum: Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System · Executive Orders