1110-0068 FD-1115 Supporting Statement

Supporting Statement for Paperwork Reduction Act Submissions

Revision of a currently approved collection

Form (FD-1115)

OMB Control # 1110-0068

Part A. Justification

1. Necessity of Information:

Title 28, United States Code, Section 534, directs the Attorney General to acquire, collect, classify, and preserve identification, criminal identification, crime, and other records. It further directs the exchange of records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission; the States and cities; and penal and other institutions.

Title 28 Code of Federal Regulations (CFR) Section 0.85(j) sets forth the Attorney General's delegation to the Director of the FBI to implement the exchange of criminal history information for noncriminal justice purposes. 28 CFR 50.12(b) contains guidelines for the dissemination of criminal history information for noncriminal justice purposes.

The Records Modification Form (FD-1115) is necessary so that the Criminal Justice Information Services (CJIS) Division, can assure criminal history information is appropriately collected, retained, amended, and thus disseminated in a manner that ensures the accuracy of the record in an effort to protect individual privacy as required by 28 CFR 20.1 In addition, the form provides a consistent method for states to submit requests to edit their records when the edits cannot be performed by the state itself.

The CJIS Division maintains a centralized national repository of fingerprint cards and arrest records. This repository provides information regarding the past activities of individuals for both criminal justice and non-criminal justice purposes.

2. Needs and Uses:

The Privacy Act of 1974 requires each agency that maintains a system of records to maintain the records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual. It further stipulates that the CJIS Division has a duty to take reasonable measures to maintain accurate records.

The FD-1115 modification form allows agencies to submit requests to modify information they previously submitted to NGI. These can be due to typos, mix-ups between subjects, and various other reasons. The FD-1115 will ensure the FBI receives all of the necessary information needed to modify identity history data within the NGI, streamline the flow of information, and ensure more timely transactions. The use of the FD-1115 promotes timely processing by CJIS Staff, minimizes delays, reduces rejections to the submitting agency, and provides for efficient updating of identity histories within the NGI System.

3. Use of Technology:

There are no plans to automate the FD-1115 form. The NGI System provides a variety of automated methods by which an agency may submit modifications to the CJIS Division for removal of criminal date from an individual’s criminal history. This form is being made available to the submitter for the purpose of convenience.

4. Efforts to Identify Duplication:

The FBI is the only federal repository for the data from this information collection.

5. Methods to Minimize Burden on Small Businesses:

This information will have no significant impact on small entities. Small businesses will not be affected by this collection.

6. Consequences of Less Frequent Collection:

If the collection is not conducted or conducted less frequently, an individual’s identity history could include incorrect data.

7. Special Circumstances Influencing Collection:

The FD-1115 submissions are collected and processed from participating agencies, as necessary. All stored criminal history information is inclusive only of that information provided by a submitting agency.

8. Public Comments and Consultations:

The FBI sponsors and participates in training seminars, industry meetings, and conferences with the user community. These meetings are held regularly and provide an open forum to discuss matters of mutual concern, including reporting procedures. The FBI consults with users on an individual basis as needed. Additionally, the 30 and 60-day Notices of Information Collection will be published in the Federal Register.

9. Payment of Gift to Claimants:

The FBI does not provide any payment or gift to respondents.

10. Assurance of Confidentiality:

Information requested in this collection may be considered confidential business information. Its release is governed by law, regulations, and agency procedures.

11. Justification for Sensitive Questions:

This collection does not include questions of a sensitive nature.

12. Estimate of Hour Burden:

Number of respondents 43,584

Frequency of response as needed

Total annual responses 119,293

Minutes per response 10 minutes

Annual hour burden 19,882 hours

13. Estimate of Cost Burden:

Respondents will not incur any costs other than their time to respond. Respondents will not incur

any capital, start up, or system maintenance costs associated with this information collection.

14. Estimated Annualized Costs to Federal Government:

*Note: The cost for conversion to electronic format is covered within the cost reported of Personnel Salaries:

Personnel Salaries: $ 552,703

Analysis of incoming information: $ 20,405

Conversion to electronic format: $ 0*

Total Cost: $ 572,108

19,293 pieces processed annually and on average, an employee can process 10 per hour which

makes the processing hours annually equal 11,929. The average BSU employee dedicates 1,318

hours to functional production each year. Nine employees are required to process incoming

modifications. Modification (Miscdoci) staff are GS-7 employees. The 2018 GS Calculator

indicates a GS-7/Step 5 employee makes $46,879 per year. As a standard when calculating

cost, thirty-one percent is added for benefits. This brings the annual cost per employee to

$61,411.49. Nine employees at this rate would cost $552,703 in salaries.

Approximately 11% of the Inventory Control Room receipts are due to Modifications.

However, ICR staff have many more assignments than just receipts. There are five employees in the ICR who handle all of their work. It is estimated that 6% of their overall time is dedicated to FD-1115 receipts. So, 30% of one employee’s time is a good representation of this cost. The ICR staff are GS 8 employees. The 2018 GS Calculator indicates a GS 8 Step 5 employee makes $51,920 annually. After factoring in the 31% standard for benefits, this makes one employee’s time worth $68,015.20. 30% of one employee’s annual cost is $20,405.

15. Reasons for Change in Burden:

Less modifications are being submitted than at the time of the previous data collection.

16. Plans for Publication:

There are no plans to publish the information collected.

17. Expiration Date Approval:

Due to the administrative burdens related to replacing expired forms when no information on those forms has been changed, the FBI is requesting approval to not display the expiration date for OMB approval of the information collected.

18. Exceptions to the Certification Statement:

There are no exceptions to the certification statement.

Part B. Statistical Methods

The FBI does not employ statistical methods in this information collection.

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