	FBI Plans Would Address Most Potential Effects of Next-Day Destruction of Records

To analyze and address the potential effects of the proposed requirement for next-day destruction of audit log records, the FBI reviewed all areas of NICS operations and has developed or is considering many operational and procedural changes. The document addresses applicable changes and modifications needed in computer systems and work processes, as well as policies and procedures. According to NICS officials, under the FBI’s draft plans, most areas of NICS operations would not be adversely affected. Next-Day Destruction of Records Would Affect Nonroutine Audits and Related Support to Law Enforcement

While the NICS Internal Assessment Group may not lose routine audit capabilities under next-day destruction of records, such a policy would affect certain nonroutine audits of the system. Thus, these transactions would not be affected by a policy requiring next-day destruction of records. However, our work indicates that the effect of such a policy on ATF inspections is unclear. Appendix II: Objectives, Scope, and Methodology

	Objectives

Senator Richard J. Durbin, Chairman, Subcommittee on Oversight of Government Management, Restructuring, and the District of Columbia, Senate Committee on Governmental Affairs, requested that we provide information about how the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS) would be affected if records related to sales of firearms by licensed dealers were destroyed within 24 hours after the transfers were allowed to proceed. Under the Brady Handgun Violence Prevention Act, licensed dealers generally are not to transfer firearms to an individual until a NICS search determines that the transfer will not violate applicable federal or state law. However, if the background check is not completed within 3 business days, the sale is allowed to proceed by default. Regarding NICS operations, we studied the effects the proposed next-day destruction policy would have on the FBI’s ability to initiate firearm- retrieval actions, and the related public safety implications.
What GAO Found

The Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System (NICS) would be affected if data on the sale of firearms by licensed dealers were destroyed within 24 hours after the transfers were allowed to proceed. Under the Brady Handgun Violence Prevention Act, licensed dealers are not to transfer firearms to an individual until a NICS search determines that the transfer will not violate applicable federal or state law. However, if the background check is not completed within 3 business days, the dealer may transfer the firearm. Although routine system audits may not be adversely affected by the proposed requirements for next-day destruction of records, other current uses of NICS records would be affected, with consequences for public safety and NICS operations. The FBI has drafted plans that would address most potential effects of the proposed policy for next-day destruction of records. In developing these plans, the FBI reviewed NICS operations and identified the changes needed in computer systems, work processes, policies, and procedures. According to NICS officials, the FBI would not lose any routine audit capabilities under the proposed policy. On the other hand, a next-day destruction policy would adversely affect certain nonroutine audits of the system. Also, a next-day destruction policy would have public safety implications and could lessen the efficacy of current operations. Finally, a next-day destruction policy would not affect the Bureau of Alcohol, Tobacco, and Firearms' (ATF) ability to inspect gun dealer records. However, the effect of such a policy on ATF inspection is unclear.