Privacy Act of 1974; Implementation

Issuing agencies

Abstract

In the Notice section of today's Federal Register, the Office of the Pardon Attorney (PARDON), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records, Firearms Rights Restoration Electronic Records Database (FRRERD), JUSTICE/OPA-002. In this notice of proposed rulemaking, PARDON proposes to exempt this system of records from certain provisions of the Privacy Act in order to safeguard confidential information compiled at various stages of the criminal law enforcement process; and compiled for the purpose of ensuring the integrity of the adjudicatory process involving eligibility and suitability determinations concerning the restoration of an applicant's federal firearms rights pursuant to 18 U.S.C. 925(c) and 28 CFR 107.1 et seq. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Proposed Rules]
[Pages 64125-64128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20532]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 009-2026]


Privacy Act of 1974; Implementation

AGENCY: Office of the Pardon Attorney, United States Department of 
Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In the Notice section of today's Federal Register, the Office 
of the Pardon Attorney (PARDON), a component within the United States 
Department of Justice (DOJ or Department), has published a notice of a 
new system of records, Firearms Rights Restoration Electronic Records 
Database (FRRERD), JUSTICE/OPA-002. In this notice of proposed 
rulemaking, PARDON proposes to exempt this system of records from 
certain provisions of the Privacy Act in order to safeguard 
confidential information compiled at various stages of the criminal law 
enforcement process; and compiled for the purpose of ensuring the 
integrity of the adjudicatory process involving eligibility and 
suitability determinations concerning the restoration of an applicant's 
federal firearms rights pursuant to 18 U.S.C. 925(c) and 28 CFR 107.1 
et seq. For the reasons provided below, the Department proposes to 
amend its Privacy Act regulations by establishing an exemption for 
records in this system from certain provisions of the Privacy Act. 
Public comment is invited.

DATES: Comments must be received by November 6, 2026.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#2757554e5146445e0944484a574b4e4649444267525443484d09404851"><span class="__cf_email__" data-cfemail="ef9f9d86998e8c96c18c80829f83868e818c8aaf9a9c8b8085c1888099">[email&#160;protected]</span></a>. To ensure proper 
handling, please reference the CPCLO Order No. in the subject line of 
the message.
    <bullet> Fax: 202-307-0693.
    <bullet> Mail: U.S. Department of Justice, Office of Privacy and 
Civil Liberties, ATTN: Privacy Analyst, Two Constitution Square (2CON), 
145 N Street NE, Suite 8W.300, Washington, DC 20530. All comments sent 
via regular or express mail will be considered timely if postmarked on 
the day the comment period closes. To ensure proper handling, please 
reference the CPCLO Order No. in your correspondence.
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
When submitting comments electronically, you must include the CPCLO 
Order No. in the subject box. Please note that the Department is 
requesting that electronic comments be submitted before midnight 
Eastern Daylight Savings Time on the day the comment period closes 
because <a href="http://www.regulations.gov">http://www.regulations.gov</a> terminates the public's ability to 
submit comments at that time. Commenters in time zones other than 
Eastern Time may want to consider this so that their electronic 
comments are received.
    Posting of Public Comments: Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and in the Department's 
public docket. If your comments contain personal identifying 
information that you do not want to be posted online and made available 
in the public docket, you must include the phrase ``PERSONAL 
IDENTIFYING INFORMATION'' in the first paragraph of your comment. You 
must also identify all personal identifying information that you do not 
want posted online or made available in the public docket, identifying 
the information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be posted online or made available 
in the public docket, you must include the phrase ``CONFIDENTIAL 
BUSINESS INFORMATION'' in the first paragraph of your comment. You must 
also prominently identify confidential business information to be 
redacted within the comment. If a comment has so much confidential 
business information that it cannot be effectively redacted, that 
comment may be

[[Page 64126]]

withheld from the public docket in whole or in part.
    Please note that the Freedom of Information Act applies to all 
comments received. If you wish to inspect the agency's public docket 
file in person by appointment, please see the FOR FURTHER INFORMATION 
CONTACT paragraph, below.

FOR FURTHER INFORMATION CONTACT: Kira Gillespie, Deputy Pardon 
Attorney, Office of the Pardon Attorney, U.S. Department of Justice, 
950 Pennsylvania Avenue NW, Washington, DC 20530.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal law prohibits several categories of persons from 
``possess[ing] in or affecting commerce, any firearm or ammunition.'' 
18 U.S.C. 922(g). It also provides that any ``person who is prohibited 
from possessing, shipping, transporting, or receiving firearms or 
ammunition may make application to the Attorney General for relief from 
th[at] disabilit[y]'' and that ``the Attorney General may grant such 
relief if it is established to his satisfaction that the circumstances 
regarding the disability, and the applicant's record and reputation, 
are such that the applicant will not be likely to act in a manner 
dangerous to public safety and that the granting of the relief would 
not be contrary to the public interest.'' 18 U.S.C. 925(c). In February 
2025, the President issued Executive Order 14206, reaffirming the 
nation's commitment to ``[t]he Second Amendment [as] an indispensable 
safeguard of security and liberty,'' and directed that ``the Attorney 
General shall examine all orders, regulations, guidance, plans, 
international agreements, and other actions of executive departments 
and agencies (agencies) to assess any ongoing infringements of the 
Second Amendment rights of our citizens[.]''
    In connection with the Executive Order 14206 review, the Attorney 
General identified the process under 18 U.S.C. 925(c), as one meriting 
attention. Prior to March 2025, the process was handled by the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives (``ATF''). However, since 
1992, Congress has restricted the ATF from expending its appropriated 
funds to conduct section 925(c) investigations, rendering ATF's relief 
from disabilities program unusable. In March 2025, the Attorney General 
issued an interim final rule withdrawing the delegation of authority to 
ATF to administer section 925(c). See Withdrawing the Attorney 
General's Delegation of Authority, 90 FR 13080 (Mar. 20, 2025). A 
notice of proposed rulemaking followed in July 2025 that announced 
specific requirements regarding the means through which an individual 
should apply for relief, as well as detailed guidance regarding the 
review and adjudication of section 925(c) applications. See Application 
for Relief From Disabilities Imposed by Federal Laws With Respect to 
the Acquisition, Receipt, Transfer, Shipment, Transportation, or 
Possession of Firearms, 90 FR 34394 (Jul. 22, 2025). In August 2026, 
following public comment, a final rule providing detailed guidance 
regarding the application, review and adjudication of this application 
process was issued. See Application for Relief From Disabilities 
Imposed by Federal Laws with Respect to the Acquisition, Receipt, 
Transfer, Shipment, Transportation, or Possession of Firearms, 91 FR 
54054 (Aug. 20, 2026).
    The FRRERD is a new system of records established in the Office of 
the Pardon Attorney with the principal purpose of collecting, storing, 
and maintaining the personally identifiable information (PII) of 
applicants seeking the restoration of their federal firearms rights. 
The system will leverage an existing information system and 
technology--the Federal Bureau of Investigation's (FBI) Electronic 
Departmental Order (eDO) service, which resides within the FBI's Next 
Generation Identification (NGI) system (JUSTICE/FBI-009, 84 FR 54182 
(Oct. 9, 2019))--to maintain records in connection with federal 
firearms rights restoration applications. The eDO and NGI will also 
host the FRRERD where the records will be maintained. The 
responsibility for the FRRERD system of records will belong to PARDON, 
who will receive, track, and adjudicate applications to restore federal 
firearms rights. Further, PARDON will initiate the necessary 
investigations concerning these applications and prepare 
recommendations for the Attorney General to determine if, pursuant to 
18 U.S.C. 925(c), relief from disability is warranted. PARDON will also 
act as a liaison to the public to respond to inquiries about the 
process to restore federal firearms rights.

II. Privacy Act Exemption

    The Privacy Act allows Federal agencies to exempt eligible records 
in a system of records from certain provisions of the Act, including 
those that provide individuals with a right to request access to and 
amendment of records about the individual. If an agency intends to 
exempt a particular system of records, it must first issue a rulemaking 
pursuant to 5 U.S.C. 553(b)(1)-(3), (c), and (e). This proposed rule 
explains why exemptions are being claimed for this system of records, 
and it invites public comment, which the Department will consider 
before the issuance of a final rule implementing the exemptions.
    The Department proposes to modify its regulations at 28 CFR part 16 
to incorporate the Privacy Act exemptions for this new system of 
records, Firearms Rights Restoration Electronic Records Database 
(FRRERD), JUSTICE/OPA-002. The Department proposes to exempt this new 
system of records because most of the records in this system contain 
criminal law enforcement sensitive information and certain requirements 
of the Privacy Act may interfere with the effective execution of these 
activities. The Privacy Act, pursuant to 5 U.S.C. 552a(j)(2), 
authorizes agencies with a principal law enforcement function 
pertaining to the enforcement of criminal laws (including activities of 
prosecutors, courts, correctional, probation, pardon or parole 
authorities) to claim an exemption for systems of records that contain 
information identifying criminal offenders and alleged offenders, 
information compiled for the purpose of criminal investigation, or 
reports compiled for the purpose of criminal law enforcement 
proceedings. Additionally, pursuant to 5 U.S.C. 552a(k)(2), agencies 
may exempt a system of records from certain provisions of the Privacy 
Act if the system contains investigatory material compiled for law 
enforcement purposes, other than materials within the scope of 5 U.S.C. 
552a(j)(2). The Department proposes this exemption because most of the 
records in this system relate to law enforcement activities, and as a 
result, notice, access, amendment, and disclosure (to include 
accounting for those records) to an individual, as well as certain 
record-keeping requirements, would reveal confidential information 
concerning the nature and scope of the firearms restoration 
adjudicatory process, undermine the ability to have candid 
communications among officials concerned with making recommendations to 
the Attorney General, and disclose the identity and personal 
characteristics of persons who furnished information to the Government 
under an express or implied promise of confidentiality. The Department 
is proposing to claim exemptions from several provisions of the Privacy 
Act, pursuant to 5 U.S.C. 552a(j)(2) and 552a(k)(2), to prevent the 
harms articulated in this rule from occurring. Records in this system 
of

[[Page 64127]]

records are only exempt from the Privacy Act to the extent the purposes 
underlying the exemption pertain to the record. A notice of a new 
system of records, Firearms Rights Restoration Electronic Records 
Database (FRRERD), JUSTICE/OPA-002, will be published in this issue of 
the Federal Register.

III. Statutory and Executive Order Review

A. Executive Orders 12866 and 13563--Regulatory Review

    In accordance with 5 U.S.C. 552a(j) and 552a(k), this proposed 
action is subject to formal rulemaking procedures by giving interested 
persons an opportunity to participate in the rulemaking process 
``through submission of written data, views, or arguments,'' pursuant 
to 5 U.S.C. 553. This proposed rulemaking intends to exempt this system 
of records from certain provisions of the Privacy Act to safeguard 
confidential criminal law enforcement information; and ensure the 
integrity of the adjudicatory process involving eligibility and 
suitability determinations concerning the restoration of an applicant's 
federal firearms rights pursuant to 18 U.S.C. 925(c). The Department of 
Justice has determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this rule has not been reviewed by the Office of Information and 
Regulatory Affairs within the Office of Management and Budget pursuant 
to Executive Order 12866.

B. Regulatory Flexibility Act

    This proposed rule will only impact Privacy Act-protected records, 
which are personal and generally do not apply to an individual's 
entrepreneurial capacity, subject to limited exceptions. Accordingly, 
the Chief Privacy and Civil Liberties Officer, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact on a substantial number of small 
entities.

C. Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle 
E--Congressional Review Act)

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996, 5 U.S.C. 801 et seq., requires the Department to comply with 
small entity requests for information and advice about compliance with 
statutes and regulations within the Department's jurisdiction. Any 
small entity that has a question regarding this document may contact 
the person listed in FOR FURTHER INFORMATION CONTACT paragraph, above. 
Persons can obtain further information regarding SBREFA on the Small 
Business Administration's web page at <a href="https://www.sba.gov/advocacy">https://www.sba.gov/advocacy</a>. 
This proposed rule is not a major rule as defined by 5 U.S.C. 804 of 
the Congressional Review Act.

D. Executive Order 13132--Federalism

    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

E. Executive Order 12988--Civil Justice Reform

    This proposed regulation meets the applicable standards set forth 
in sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    This proposed rule will have no implications for Indian Tribal 
governments. More specifically, it does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
Therefore, the formal consultation requirements of Executive Order 
13175 do not apply.
    Nevertheless, two listening sessions were held with tribal 
authorities regarding the maintenance of tribal records in the system, 
specifically about the evaluation of risks to public safety from 
applicants based on information collected from the tribe regarding 
prior convictions and current status. These listening sessions were 
conducted in conjunction with Justice Department's Office of Tribal 
Justice.

G. Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000, as adjusted for inflation, or more in any one 
year, and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

H. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires 
the Department to consider the impact of paperwork and other 
information collection burdens imposed on the public. This proposed 
rule would call for a new collection of information under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3521. As defined in 5 CFR 
1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other similar 
actions. The title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection for submission to the Department.
    Title: Application for Restoration of Federal Firearms Rights.
    OMB Control Number: 1123-0017.
    Summary of the Collection of Information: Under 18 U.S.C. 925(c), 
the Attorney General may grant relief to individuals who are prohibited 
under federal law from possessing and engaging in certain activities 
with respect to firearms and ammunition. Section 925(c) thus provides a 
mechanism for the Attorney General to relieve otherwise-prohibited 
persons from federal firearm disabilities if they can show that they 
are likely to possess firearms safely, while ensuring that violent and 
dangerous persons remain subject to the prohibitions in the Gun Control 
Act. The information collected will be that necessary to establish 
eligibility for relief under 18 U.S.C. 925(c), including personal, 
financial, health, and criminal history information about the 
applicant.
    Need for Information: To determine if such relief should be granted 
to an individual, the Attorney General, by statute, must determine if 
``the circumstances regarding the disability, and the applicant's 
record and reputation, are such that the applicant will not be likely 
to act in a manner dangerous to public safety and that the granting of 
the relief would not be contrary to the public interest.'' The 
information requested in the application

[[Page 64128]]

is necessary for the Attorney General to make such a determination.
    Proposed Use of Information: To allow the Attorney General to 
determine whether to grant restoration of firearms rights to applicants 
while ensuring safety of the public and that such a decision is not 
contrary to the public interest.
    Description of the Respondents: Persons who are subject to 
disabilities under 18 U.S.C. 922(g) and who choose to make an 
application for relief pursuant to 18 U.S.C. 925(c).
    Estimated Number of Respondents: 330,000 per year.
    Frequency of Response: Once every five years until relief is 
granted.
    Burden of Response: 65 minutes.
    Application Fee: $30.

List of Subjects in 28 CFR Part 16

    Administrative practices and procedure, Courts, Freedom of 
information, Privacy Act.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 
the Department proposes to amend 28 CFR part 16 as follows:

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 
534; 31 U.S.C. 3711.

0
2. Section 16.79 is amended by adding revising paragraphs (c) and (d) 
as follows:

Subpart E--Exemption of Records Systems Under the Privacy Act


Sec.  16.79  [Amended]

* * * * *
    (c) The following system of records is exempt from 5 U.S.C. 552a, 
subsections (c)(3) and (4); (d)(1), (2), (3), and (4); and (e)(1), (2), 
and (5): The Department of Justice, PARDON Firearms Rights Restoration 
Electronic Records Database, JUSTICE/OPA-002. These exemptions apply 
only to the extent that information in this system is subject to 
exemption pursuant to 5 U.S.C. 552a(j) and/or (k). Where DOJ determines 
that compliance would not appear to interfere with or adversely affect 
the purpose of this system to adjudicate applications to restore 
federal firearms rights and not interfere with law enforcement 
operations, the applicable exemption may be waived by the DOJ in its 
sole discretion.
    (d) Exemptions from the particular subsections of the Privacy Act 
identified above are justified for the following reasons:
    (1) From the subsection (c)(3) (accounting of disclosures) 
requirement that an accounting be made available to the named subject 
of a record because this system is exempt from the access provisions of 
subsection (d) of the Privacy Act and:
    (i) The purpose of the creation and maintenance of the Firearms 
Rights Restoration Electronic Records Database, JUSTICE/OPA-002 is to 
enable PARDON to receive, track, and adjudicate applications to restore 
federal firearms rights, initiate the necessary investigations 
concerning these applications, and prepare recommendations for the 
Attorney General, or designee, to determine if, pursuant to 18 U.S.C. 
925(c), relief from disability is warranted.
    (ii) Release of the disclosure accounting, for disclosures pursuant 
to the routine uses published for this system, would permit the 
requester to obtain valuable information concerning the nature and 
scope of the firearms restoration adjudicatory process, undermine the 
ability to have candid communications among officials concerned with 
making recommendations to the Attorney General, and disclose the 
identity and personal characteristics of persons who furnished 
information to the Government under an express or implied promise of 
confidentiality. In addition, disclosure of the accounting would amount 
to notice to the individual of the existence of a record.
    (2) From subsection (c)(4) (notice of amendment to record 
recipients) because this system is exempt from the access and amendment 
provisions of subsection (d) of the Privacy Act as well as the 
provision for making the accounting of disclosures available to an 
individual in subsection (c)(3).
    (3) From subsections (d)(1), (2), (3), and (4) for the reasons 
stated in paragraph (d)(1) of this section and because these provisions 
concern individual access to and amendment of investigatory and 
adjudicatory records, compliance with which could compromise ongoing 
investigations; constitute unwarranted invasion of personal privacy of 
third parties; and compromise the integrity of the official 
adjudicatory record. Administrative due process could not be achieved 
by the ex parte ``correction'' of law enforcement and other evidentiary 
materials by the individual who is the subject thereof.
    (4) From subsection (e)(1) (maintaining relevant and necessary 
information) for the reasons stated in paragraph (d)(1) of this section 
and because it is not always possible to know in advance what 
information is relevant and necessary for the investigation and 
adjudication of applications and, in fact, a major tenet of the 
Firearms Rights Restoration Electronic Records Database program is that 
the relevance of certain information may not always be evident in the 
absence of the ability to correlate that information with other 
existing law enforcement data.
    (5) From subsection (e)(2) (collect information directly from the 
subject) for the reasons stated in paragraph (d)(1) of this section and 
because application of this provision could present a serious 
impediment to efforts to fully investigate and adjudicate firearms 
rights restoration applications, which relies on information from a 
number of different sources.
    (6) From subsection (e)(5) (maintaining accurate, relevant, timely, 
and complete records) for the reasons stated in paragraph (d)(1) of 
this section and because many of the records in this system are records 
contributed by other agencies and the restrictions imposed by (e)(5) 
would limit the utility of the system. While all data sources from 
federal agencies are required to ensure that information they share is 
relevant, timely, complete and accurate, exemption from this provision 
is warranted in order to reduce the administrative burden on PARDON to 
vouch for compliance with the provision by all data sources, including 
non-federal government agencies not subject to the requirements of the 
Privacy Act, and to encourage the sharing of information the 
significance of which may only become apparent when combined with other 
information in the system as necessary for the effective adjudication 
of eligibility and suitability for the restoration of federal firearms 
rights.

    Dated: October 1, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
[FR Doc. 2026-20532 Filed 10-6-26; 8:45 am]
BILLING CODE 4410-29-P


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