CONGRESSIONAL STATEMENT: THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

D

dZ

New member
JUNE 21, 2000

STATEMENT FOR THE RECORD OF
DAVID R. LOESCH
ASSISTANT DIRECTOR IN CHARGE
CRIMINAL JUSTICE INFORMATION SERVICES DIVISION
FEDERAL BUREAU OF INVESTIGATION

ON
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

BEFORE THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
WASHINGTON, D.C.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>OTHER PLANNED UPGRADES AND IMPROVEMENTS

A TOTAL OF $9 MILLION WAS ALLOCATED TO UPGRADE THE NICS IN FISCAL YEAR 2000. OF THIS
AMOUNT, $6.5 MILLION OF FISCAL YEAR 2000 FUNDING WAS DEDICATED FOR UPGRADES WHILE $2.5
MILLION OF PRIOR YEAR CARRY FORWARD FUNDING IS BEING DEDICATED TO THE DEVELOPMENT
OF A NICS IMPROVEMENT: ELECTRONIC ACCESS TO NICS FOR FIREARMS DEALERS. SOME OF THE
PLANNED SYSTEM UPGRADES INCLUDE:

THE PURCHASE AND INSTALLATION OF COMMERCIAL OFF-THE-SHELF SOFTWARE
UPGRADES. THESE ARE KNOWN IN THE INDUSTRY AS "COTS" SOFTWARE UPGRADES AND
ARE ROUTINE WITH ANY OPERATING SYSTEM. THIS IS AN ON-GOING ENHANCEMENT FOR
FISCAL YEAR 2000 AND 2001.
BECAUSE NCIC 2000 ACCESSES III VIA THE IAFIS WHEN CONDUCTING A SEARCH, A BYPASS
IS UNDER DEVELOPMENT WHICH WILL ALLOW THE NICS TO CONTINUE RUNNING WHEN THE
IDENTIFICATION TASKING AND NETWORKING (ITN) SEGMENT OF THE IAFIS IS DOWN OR
EXPERIENCING DIFFICULTIES. EXPECTED COMPLETION DATE FOR THIS PROJECT IS FALL
OF 2000.
TWO ADDITIONAL PRODUCTION SERVERS WILL BE INSTALLED TO HANDLE THE EXPECTED
20 PERCENT INCREASE IN VOLUME DURING SEASONAL PEAK TIME -- SEPTEMBER THROUGH
DECEMBER. INSTALLATION IS EXPECTED IN FISCAL YEAR 2000.
THE DEVELOPMENT AND TESTING OF AN INTERFACE FOR THE NICS DIRECT ELECTRONIC
ACCESS BY FIREARMS DEALERS TO INITIATE A NICS SEARCH. DEVELOPMENT FOR THIS
INTERFACE WILL CONTINUE THROUGHOUT FISCAL YEAR 2000.
THE IMPLEMENTATION OF NEW FILTERING RULES WHICH WILL ALLOW NICS TO ELIMINATE
MANY OF THE FALSE POSITIVES RETURNED, CONSEQUENTLY PROVIDING MORE IMMEDIATE
PROCEEDS, BEFORE PROVIDING THE SEARCH RESPONSE TO THE FBI AND STATE USERS.
TESTING AND IMPLEMENTATION ARE EXPECTED TO BE COMPLETED IN FISCAL YEAR 2000.

CURRENTLY, THERE ARE APPROXIMATELY 60 OTHER ENHANCEMENTS OR SOFTWARE CHANGES
THAT HAVE BEEN IDENTIFIED AND PRIORITIZED BY THE NICS PROGRAM OFFICE AND ARE EXPECTED
TO BE IMPLEMENTED IN FISCAL YEARS 2000 AND 2001. THE FBI'S DEPUTY ASSISTANT DIRECTOR
FOR OPERATIONS IN THE CJIS DIVISION AND THE APPROPRIATE SYSTEM MANAGERS HAVE THE
FINAL DECISION AS TO WHEN TO APPLY SYSTEM UPGRADES OR MODIFICATIONS. KEEPING GUN
DEALERS AND OUR PARTNERS IN LAW ENFORCEMENT IN MIND, ROUTINE MAINTENANCE IS ALWAYS
SCHEDULED DURING NON-OPERATIONAL HOURS -- 1:00 AM UNTIL 8:00 AM EASTERN TIME.

AS I PREVIOUSLY STATED, NICS INTERFACES WITH BOTH NCIC 2000 AND THE IAFIS. UPGRADES AND
ENHANCEMENTS FOR THESE SYSTEMS ARE ALWAYS SCHEDULED DURING PERIODS WHICH
PROVIDE THE LEAST IMPACT TO LAW ENFORCEMENT AGENCIES NATIONWIDE. MOST OF THE
UPGRADES AND ENHANCEMENTS ARE SCHEDULED DURING THE LEAST USED PERIODS, PRIMARILY
EARLY SUNDAY MORNINGS, AND HAVE NO IMPACT UPON NICS' OPERATIONS. HOWEVER, THERE
HAVE BEEN CASES WHEN ADDITIONAL TIME IS REQUIRED AND THE NICS CAN BE AFFECTED.
NATURALLY, DURING SUCH NON-SCHEDULED INTERRUPTIONS IN SERVICE TO NCIC 2000 AND IAFIS,
THE FBI'S PRIORITY IS TO RESTORE LAW ENFORCEMENT FUNCTIONS FIRST, PRIOR TO THE
RESTORATION OF NICS SERVICES.

ELECTRONIC ACCESS IS ALLUDED TO IN BOTH THE BRADY ACT AND FEDERAL REGISTER, WHICH
SAY THAT "THE NICS SHALL ALLOW FEDERALLY LICENSED GUN DEALERS TO CONTACT THE
SYSTEM BY TELEPHONE, OR OTHER ELECTRONIC MEANS IN ADDITION TO THE TELEPHONE, IN
ORDER TO CONTACT THE SYSTEM." GUN DEALERS WITH ELECTRONIC DIAL-UP ACCESS WILL BE
ABLE TO CONTACT THE NICS, EXCLUDING SCHEDULED AND UNSCHEDULED DOWNTIME. A SURVEY
WAS USED TO DETERMINE WHICH METHOD OF ELECTRONIC ACCESS WOULD ACCOMMODATE MOST
LICENSED GUN DEALERS IN THE MOST COST-EFFECTIVE MANNER. COST COMPARISONS WERE
PERFORMED ON THE DEVELOPMENT AND LOGISTICS TO OPERATE AND MAINTAIN A PC-BASED
SOFTWARE SOLUTION USING SECURE DEDICATED COMMUNICATIONS OR A SECURE INTERNET
SOLUTION VIA COTS SOFTWARE.
A SECURE INTERNET SOLUTION SEEMED TO BE THE MOST TECHNICALLY FEASIBLE AND EFFECTIVE
SOLUTION FOR DEVELOPMENTAL, OPERATION, AND MAINTENANCE COSTS AND FOR PROVIDING
GUN DEALERS WITH THE NECESSARY FORM OF ELECTRONIC ACCESS. THE FBI, THEREFORE, PLANS
TO ESTABLISH A NICS BACKGROUND CHECK SECURE WEB-SITE ON THE INTERNET. ACCESS TO THE
WEB-SITE WILL BE LIMITED TO FEDERALLY LICENSED GUN DEALERS. THE DEVELOPMENT PROCESS
REGARDING ELECTRONIC ACCESS STARTED IN FEBRUARY 2000, WITH AN IMPLEMENTATION DATE
FOR THE INITIAL CAPABILITY SCHEDULED FOR JANUARY 2001.
[/quote]
http://www.fbi.gov/pressrm/congress/congress00/loesch062100.htm
 
And the other part of that is to inform the people thus making it 'legal' that the system will be occasionally shutting down
as they put in more software or in other words 'throw more monkies into the works'.
National
Instant
Criminalization
System
Its instand and as they start banning guns
they know where you the sudden criminal are
thank you please join the NRA and support
electronic and paper gun registration.
Its for the children.....
www.jbs.org www.gunowners.org

------------------
"those who sacrifice
liberty for security deserve neither"
 
THE OVERALL RECORD OF THE SYSTEM'S AVAILABILITY DURING ITS OPERATING HOURS THROUGH
MAY 2000 IS JUST OVER 96 PERCENT. SEE CHARTS, "AVAILABILITY OF DATABASES COMPRISING
NICS" AND "NICS AVAILABILITY." HISTORICALLY, SINCE THE NICS BEGAN OPERATION ON
NOVEMBER 30, 1998, SYSTEM AVAILABILITY GENERALLY SHOWED STEADY IMPROVEMENT OVER
THE FIRST SEVEN MONTHS. BY JUNE, 1999, THE NICS WAS AVAILABLE OVER 99 PERCENT OF
SCHEDULED OPERATING HOURS. HOWEVER, BEGINNING JULY 11, 1999, THE FBI REPLACED TWO
MAJOR COMPUTER SYSTEMS, BOTH OF WHICH INTERFACE WITH THE NICS. ONE OF THE NEW
SYSTEMS, THE NCIC 2000, WAS IMPLEMENTED JULY 11, 1999. THE INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM (IAFIS) WAS INTERFACED WITH NCIC 2000 AND NICS ON JULY
28, 1999. OUTAGES FOR NICS OCCURRED DURING JULY AND AUGUST DUE TO THE IMPLEMENTATION
OF THESE TWO SYSTEMS. BY DECEMBER, 1999, HOWEVER, SYSTEM AVAILABILITY WAS 95.32
PERCENT OF SCHEDULED OPERATING HOURS.

THE RECENT INTERSTATE IDENTIFICATION INDEX (III) OUTAGE OCCURRING ON MAY 11-14, 17, AND
22, 2000, RESULTED IN THE LOSS OF SERVICE TO NOT ONLY THE NICS SYSTEM, BUT TO IAFIS AND
FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES AS WELL. COLLECTIVELY, IAFIS, III,
AND NICS ARE REFERRED TO AS A SYSTEM OF SYSTEMS (SOS) AND PROVIDE FINGERPRINT
IDENTIFICATION CAPABILITIES, CRIMINAL HISTORY SERVICES, STOLEN PROPERTY AND WANTED
PERSON CHECKS, AND BACKGROUND CHECKS AS REQUIRED BY THE BRADY ACT. THE SOS SERVES
THE PUBLIC BY FACILITATING POLICE WORK AND FOSTERING POLICE OFFICER SAFETY. IT ALSO
ENSURES THAT RETAIL FIREARMS DEALERS DO NOT SELL GUNS TO PROHIBITED PERSONS. LAST
MONTH, THE OUTAGES OF THE III DATABASE, WHICH CONTAINS 95 PERCENT OF THE RECORDS
CHECKED BY THE NICS, ULTIMATELY CAUSED THE LOSS OF SERVICE TO NICS. THIS RESULTED IN
THE INABILITY TO RESPOND TO INQUIRIES FROM FIREARMS DEALERS. THE OUTAGES ALSO
PRECLUDED CJIS FROM MEETING ITS IAFIS FINGERPRINT CUSTOMER SERVICE GOALS.

UNTIL MAY 11, THE CJIS SOS EXPERIENCED AN OUTSTANDING RECORD OF RELIABILITY, WITH ONLY
THOSE PROBLEMS TYPICAL OF NEW AND COMPLEX INFORMATION SYSTEMS. UNSCHEDULED
DOWNTIME WAS VERY LOW, AND FROM SEPTEMBER, 1999 TO APRIL, 2000, THE III SEGMENT OF
IAFIS HAD A SERVICE AVAILABILITY RATE OF 99.03 PERCENT, PROCESSING AN AVERAGE OF
263,432 TRANSACTIONS DAILY.

PRELIMINARY ROOT CAUSE ANALYSIS OF THE MAY OUTAGES HAS RULED OUT OPERATOR-INDUCED
ERROR, HACKER-INDUCED ERROR, VIRUS-INDUCED ERROR OR A HARDWARE-INDUCED ERROR.
WHILE THE CAUSE OF THE OUTAGES IS STILL UNDER REVIEW, ALL INDICATIONS POINT TO THE
ROOT CAUSE AS A DEFECT IN THE PROPRIETARY DATABASE MANAGEMENT SOFTWARE WHICH
CAUSED AN INCORRECT AND CORRUPTING CALCULATION OF TABLE SPACES WITHIN III.
SHORT-TERM RISK REDUCTIONS STEPS HAVE BEEN TAKEN. RESEARCH AND ANALYSIS TO DATE
HAS RESULTED IN A SHORT-TERM REPAIR THAT IS EXPECTED TO REDUCE THE LIKELIHOOD OF THIS
PROBLEM RECURRING. THESE STEPS ARE EXPECTED TO REDUCE THE RISK OF FUTURE DATABASE
CORRUPTION WHILE A LONG-TERM REPAIR IS EVALUATED AND IMPLEMENTED. STANDARD
OPERATING PROTOCOLS EXIST TO ENSURE SERVICE IS RESTORED AS SOON AS POSSIBLE, IF AND
WHEN AN INCIDENT OCCURS. THESE PROTOCOLS WERE FOLLOWED DURING EACH OF THE
OUTAGES.

ALL THESE SYSTEMS AND SEGMENTS FUNCTION WITH A HIGH DEGREE OF INTERDEPENDENCE,
RELYING UPON COMPLEX INTERCONNECTED INDICES AND TABLES TO OPERATE PROPERLY AND TO
ENSURE HIGH CONFIDENCE IN INFORMATION FURNISHED TO USERS. AN OUTAGE MAY OCCUR AS A
RESULT OF A SYSTEM FAILURE WITHIN THE NICS OR WHEN NCIC 2000 OR IAFIS CANNOT SUPPLY
THE SERVICES NEEDED TO PERFORM A COMPLETE NICS CHECK. THE NICS IS DESIGNED TO CHECK
ALL THREE DATABASES: THE NCIC 2000, III, AND THE NICS INDEX. IF ONE OF THESE DATABASES IS
OFF-LINE OR DOWN, THE NICS STILL SEARCHES THE REMAINING ACTIVE DATABASES FOR 100
PERCENT ACCURACY. ONCE THE PREVIOUSLY OFF-LINE DATABASE BECOMES AVAILABLE, THE
SEARCH IS COMPLETED AND THE RESPONSE IS SENT TO THE REQUESTER. HOWEVER, THE NICS IS
PLACED IN AN "OUT OF SERVICE" PERIOD WHEN ANY OF THESE SYSTEMS IS UNABLE TO SUPPORT
A COMPLETE CHECK. THIS POLICY, SUPPORTED BY THE CJIS ADVISORY POLICY BOARD,
SIGNIFICANTLY REDUCES THE NUMBER OF DELAY RESPONSES RETURNED TO GUN DEALERS.

WHENEVER AN UNSCHEDULED OUTAGE OCCURS, THE NICS PROGRAM OFFICE WORKS DILIGENTLY
TO PROVIDE AMPLE NOTIFICATION TO POCs AND LICENSED GUN DEALERS. PER EXISTING NICS
POLICY, GUN DEALERS ARE NOTIFIED OF AN UNSCHEDULED OUTAGE BY PLACING A MESSAGE ON
THE CALL CENTERS' PHONE SYSTEM. WHEN AN UNSCHEDULED OUTAGE OCCURS, THE VOICE
RECOGNITION UNIT INFORMS THE GUN DEALER THAT THE SYSTEM IS TEMPORARILY OUT OF
SERVICE. POC STATES ARE NOTIFIED OF AN UNSCHEDULED OUTAGE BY A MESSAGE SENT VIA
NCIC 2000. HOWEVER, DUE TO THE EXTENT OF LAST MONTH'S OUTAGE, ADDITIONAL PLANNING AND
PRO-ACTIVE MEASURES WERE TAKEN TO HELP ALLEVIATE ANY EFFECTS FELT. SOME OF THE
ADDITIONAL STEPS TAKEN INCLUDE:

A NOTICE WAS RELEASED TO THE PUBLIC AND FAXED TO 76 DIFFERENT POC STATE
CONTACTS INCLUDING CONTROL TERMINAL OFFICERS AND VARIOUS OTHER NICS
CONTACTS TO ADVISE OF THE OUTAGE AND THE ANTICIPATED TIME OF RESUMED SERVICE;
PHONE CALLS WERE PLACED TO ALL POC AND PARTIAL-POC STATES TO ADVISE OF THE
SAME;
PHONE CALLS WERE PLACED TO 1,364 GUN DEALERS THAT WERE STATISTICALLY SHOWN
TO PROCESS LARGE NUMBERS OF TRANSACTIONS TO ADVISE OF THE OUTAGE AND
ANTICIPATED TIME OF RESUMED SERVICE. THE NORMAL OUTAGE MESSAGE HEARD BY
OTHER LICENSED GUN DEALERS ON THE CALL CENTER TELEPHONE SYSTEM WAS
MODIFIED TO REFLECT PERTINENT INFORMATION PREVIOUSLY FAXED TO POC AND OTHER
NICS CONTACTS.
LICENSED GUN DEALERS PARTICIPATING IN THE CALL CENTER PILOT PROJECT IN THE
STATES OF RHODE ISLAND AND DELAWARE WERE CALLED AND ADVISED OF THE OUTAGE,
ANTICIPATED RESUMED SERVICE, AND INFORMED THAT IT WAS A SYSTEM-WIDE ISSUE AND
NOT PROJECT-SPECIFIC.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>
THE OVERALL RECORD OF THE SYSTEM'S AVAILABILITY DURING ITS OPERATING HOURS THROUGH MAY 2000 IS JUST OVER 96 PERCENT.[/quote]

In the real world, anything less than 99.9% availability is totally unacceptable, and real-world systems are doing a tremendous amount of data processing (where I work, 200 MILLION calls a day is SOP), far more than the NICS gun registration system.

"Good nuff for gummint work" is becoming less funny every day.
 
Notice that "scheduled operating hours"; What do you want to bet that they don't count any of the PLANNED downtime for software and equipment upgrades in calculating that 96% availability figure?

------------------
Sic semper tyrannis!
 
I bet these aholes published this in ALL CAPITALS on purpose to make it impossible to read. :mad:

------------------
~USP

"[Even if there would be] few tears shed if and when the Second Amendment is held to guarantee nothing more than the state National Guard, this would simply show that the Founders were right when they feared that some future generation might wish to abandon liberties that they considered essential, and so sought to protect those liberties in a Bill of Rights. We may tolerate the abridgement of property rights and the elimination of a right to bear arms; but we should not pretend that these are not reductions of rights." -- Justice Scalia 1998
 
"False positives"???????

THE IMPLEMENTATION OF NEW FILTERING RULES WHICH WILL ALLOW NICS TO ELIMINATE
MANY OF THE FALSE POSITIVES RETURNED, CONSEQUENTLY PROVIDING MORE IMMEDIATE
PROCEEDS, BEFORE PROVIDING THE SEARCH RESPONSE TO THE FBI AND STATE USERS.

What does this mean? Does this mean people are being denied the right to purchase a firearm because of incorrect information in the database? or because the gov't is testing the system with bogus searches?

If it means people are being improperly denied, are there any procedures in place to correct false information (you know, just like when a credit bureau publishes incorrect information)?

Just wonderin'




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Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.

Barry Goldwater--1964
 
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