POTUS: Now Is the Time: The President’s Plan to Protect our Children and our Communities by Reducing Gun Violence

http://www.whitehouse.gov/sites/default/files/docs/wh_now_is_the_time_full.pdf  

THE WHITE HOUSE

Office of the Press Secretary

January 16, 2013

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

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

Since it became operational in 1998, the National Instant
Criminal Background Check System (NICS) has been an essential
tool in the effort to ensure that individuals who are prohibited
under Federal or State law from possessing firearms do not
acquire them from Federal Firearms Licensees (FFLs). The
ability of the NICS to determine quickly and effectively whether
an individual is prohibited from possessing or receiving a
firearm depends on the completeness and accuracy of the
information made available to it by Federal, State, and tribal
authorities.

The NICS Improvement Amendments Act of 2007 (NIAA) (Public
Law 110-180) was a bipartisan effort to strengthen the NICS by
increasing the quantity and quality of relevant records from
Federal, State, and tribal authorities accessible by the system.
Among its requirements, the NIAA mandated that executive
departments and agencies (agencies) provide relevant
information, including criminal history records, certain
adjudications related to the mental health of a person, and
other information, to databases accessible by the NICS. Much
progress has been made to identify information generated by
agencies that is relevant to determining whether a person is
prohibited from receiving or possessing firearms, but more must
be done. Greater participation by agencies in identifying
records they possess that are relevant to determining whether an
individual is prohibited from possessing a firearm and a
regularized process for submitting those records to the NICS
will strengthen the accuracy and efficiency of the NICS,
increasing public safety by keeping guns out of the hands of
persons who cannot lawfully possess them.

Therefore, by the authority vested in me as President by the
Constitution and the laws of the United States of America, I
hereby direct the following:

Section 1. Improving the Availability of Records to the
NICS. (a) Within 45 days of the date of this memorandum, and
consistent with the process described in section 3 of this

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memorandum, the Department of Justice (DOJ) shall issue guidance
to agencies regarding the identification and sharing of relevant
Federal records and their submission to the NICS.

(b) Within 60 days of issuance of guidance pursuant to
subsection (a) of this section, agencies shall submit a report
to DOJ advising whether they possess relevant records, as set
forth in the guidance, and setting forth an implementation plan
for making information in those records available to the NICS,
consistent with applicable law.

(c) In accordance with the authority and responsibility
provided to the Attorney General by the Brady Handgun Violence
Prevention Act (Public Law 103-159), as amended, the Attorney
General, consistent with the process described in section 3 of
this memorandum, shall resolve any disputes concerning whether
agency records are relevant and should be made available to the
NICS.

(d) To the extent they possess relevant records, as set
forth in the guidance issued pursuant to subsection (a) of this
section, agencies shall prioritize making those records
available to the NICS on a regular and ongoing basis.

Sec. 2. Measuring Progress. (a) By October 1, 2013, and
annually thereafter, agencies that possess relevant records
shall submit a report to the President through the Attorney
General describing:

(i)
the relevant records possessed by the agency
that can be shared with the NICS consistent with
applicable law;

(ii)
the number of those records submitted to
databases accessible by the NICS during each reporting
period;

(iii) the efforts made to increase the percentage of
relevant records possessed by the agency that are
submitted to databases accessible by the NICS;

(iv)
any obstacles to increasing the percentage of
records that are submitted to databases accessible by
the NICS;

(v)
for agencies that make qualifying adjudications
related to the mental health of a person, the measures
put in place to provide notice and programs for relief
from disabilities as required under the NIAA;

(vi)
the measures put in place to correct, modify,
or remove records accessible by the NICS when the
basis under which the record was made available no
longer applies; and

(vii) additional steps
1 year of the report to
records are identified,
corrected, modified, or

that will be taken within
improve the processes by which
made accessible, and
removed.

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(b) If an agency certifies in its annual report that it
has made available to the NICS its relevant records that can be
shared consistent with applicable law, and describes its plan to
make new records available to the NICS and to update, modify, or
remove existing records electronically no less often than
quarterly as required by the NIAA, such agency will not be
required to submit further annual reports. Instead, the agency
will be required to submit an annual certification to DOJ,
attesting that the agency continues to submit relevant records
and has corrected, modified, or removed appropriate records.

Sec. 3. NICS Consultation and Coordination Working Group.
To ensure adequate agency input in the guidance required by
section 1(a) of this memorandum, subsequent decisions about
whether an agency possesses relevant records, and determinations
concerning whether relevant records should be provided to the
NICS, there is established a NICS Consultation and Coordination
Working Group (Working Group), to be chaired by the Attorney
General or his designee.

(a) Membership. In addition to the Chair, the Working
Group shall consist of representatives of the following
agencies:

the Department of Defense;

the Department of Health and Human Services;

the Department of Transportation;

the Department of Veterans Affairs;

the Department of Homeland Security;

the Social Security Administration;

the Office of Personnel Management;

the Office of Management and Budget; and

(ix)
such other agencies or offices as the Chair
may designate.

(b) Functions. The Working Group shall convene regularly
and as needed to allow for consultation and coordination between
DOJ and agencies affected by the Attorney General’s
implementation of the NIAA, including with respect to the
guidance required by section 1(a) of this memorandum, subsequent
decisions about whether an agency possesses relevant records,
and determinations concerning whether relevant records should be
provided to the NICS. The Working Group may also consider, as
appropriate:

(i)
developing means and methods for identifying
agency records deemed relevant by DOJ’s guidance;

(ii)
addressing obstacles faced by agencies in
making their relevant records available to the NICS;

(iii) implementing notice and relief from
disabilities programs; and

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(iv)
ensuring means to correct, modify, or remove
records when the basis under which the record was made
available no longer applies.

(c) Reporting. The Working Group will review the annual
reports required by section 2(a) of this memorandum, and member
agencies may append to the reports any material they deem
appropriate, including an identification of any agency best
practices that may be of assistance to States in supplying
records to the NICS.

Sec. 4. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise affect:

(i)
the authority granted by law to a department or
agency, or the head thereof; or

(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

(c) This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.

(d) Independent agencies are strongly encouraged to comply
with the requirements of this memorandum.

Sec. 5. Publication. The Attorney General is hereby
authorized and directed to publish this memorandum in the
Federal Register.

BARACK OBAMA