Justification form OMB 1140-0099 (ATF Form 6140.3) 6.23.2020 508

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Information Collection Requirement

Supporting Statement

OMB # 1140-0099

ATF Adjunct Instructor Data Form - ATF Form 6140.3

A. Justification

1. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides law enforcement and investigation training to ATF employees and Federal, State, local, and international law enforcement personnel. Training covers numerous topics using both internal and external technical experts from various disciplines. Internal instructors consist of those individuals who are ATF employees. However, external instructors may be contractors, experts from other law enforcement agencies, fire and rescue departments, professional organizations, or academia. Due to the nature of law enforcement and related training, detailed records must be kept regarding the qualification and expertise of individuals providing instruction.

An instructor’s record will include their contact information, areas of expertise, educational and professional background, and professional vitas. Such records are critical for maintaining a legally defensible training program and are required for ATF’s Federal Law Enforcement Training Accreditation (FLETA). In such legal situations, it may be necessary to not only show that a specific individual received training, but also demonstrate that qualified instructors provided the training in a consistent manner. The Adjunct Instructor Data Form - ATF Form 6140.3 will be used to collect the necessary personally identifiable information (PII) from non-ATF employees, in order to document and evaluate their qualifications to serve as an ATF instructor. The collection of this data is authorized by 5 CFR 410.602, which provides for the maintenance of training records per an agency’s identified needs.

ATF is requesting OMB approval to make the following changes to OMB 1140-0099 ATF Adjunct Instructor Data Form - ATF Form 6140.3:

• All Sections

1. Grammar and punctuation errors were corrected;

2. Form fields were updated to allow for electronic completion and digital/electronic signature capability;

3. Numerical fields were reformatted to ensure proper completion;

4. Form fields were reformatted to accommodate additional characters for more complete answers to inquiries;

5. Instructions were updated with specific guidance to ensure proper field completion. For instance, applicants are instructed to attach a separate sheet of paper, if additional space is needed.

• Introductory Paragraphs/Instructions

1. Grammar and punctuation errors were corrected;

2. Form completion instructions were updated with clear and concise language to ensure proper completion;

3. The form template was updated to clearly identify applicants;

4. The list of standards for candidates to serve as an ATF instructor was updated;

5. The instructions were updated for applicants to attach a separate sheet of paper, if additional space is needed;

6. The ATF approval process was updated to clarify who is authorized to grant supervisory approval;

7. The requirements for routing submitted applications to HRPD was updated to include data entry and recordkeeping in JTMS as part of the process;

• Subject Matter Expertise (SME)

1. The SME fields were updated to correct the titles of ATF-specific expertise (i.e. CGIC/NIBIN).

• The Hold Harmless Agreement (HHA)

1. The HHA was modified to include an electronic signature field, and the following certification language so that the candidate certifies that he/she:

1. Understands the language/ content of the HHA;

2. Completes the form truthfully and correctly;

3. Is not prohibited from the receipt, possession, or transportation of firearms, explosives, or ammunition (ATF’s enforcement jurisdiction); and

4. Did not fail any course(s) that they intend to or will be required to instruct.

• ATF Supervisory approval electronic signature fields

1. The form approval and submission process was updated to remove the requirement for supervisory approval by chain email;

2. The form was updated to include certification language for supervisors to confirm that candidate has met the qualification and experience standards to serve as an adjunct instructor;

3. The chain e-mail approval process was eliminated;

2. The information provided on the Adjunct Instructor Data Form - ATF Form 6140.3, will be collected by ATF’s Human Resource and Professional Development (HRPD) Directorate. In particular, the collected data will provide ATF with sufficient information to identify and contact individual instructors, in order to validate their topical expertise prior to training delivery, or defend their topical expertise during a court proceeding. Additionally, the form contains a “Hold Harmless” Agreement (HHA), which clarifies that an adjunct instructor is unable to claim compensation benefits for injuries or accident that occur during travel to provide ATF training courses. The adjunct instructor’s organization will be responsible for addressing any liability related to such accident or injury, unless gross negligence can be proven.

3. The Adjunct Instructor Data Form - ATF Form 6140.3 is an electronically fillable, 508 compliant form, which can be downloaded from the ATF intranet. The form can be electronically completed, signed and electronically submitted to ATF for processing, if the applicant possesses the capability to do so.

4. ATF’s HRPD Directorate is comprised of several divisions and branches, whose personnel is responsible for developing and managing training for different areas of expertise and audiences. However, depending on the nature of the subject matter, the same instructor may be used for multiple programs. In order to prevent duplication of efforts, the management of instructors is centralized within HRPD’s Leadership and Professional Development Division, Training Accreditation Branch. This branch is responsible for the collection and maintenance of instructor records for ATF. The information collected is specific to ATF training activities and is not collected anywhere else either within the Bureau or externally.

5. The collection of this information does not have any significant impact on small business or other entities.

6. The collection of this information is necessary for ATF training program personnel to verify and defend the qualifications of its incoming instructors. The collected information supports training records required for ATF’s continued training accreditation, as decided by the Federal Law Enforcement Training Accreditation (FLETA) Board. The FLETA Board was established by the Office of Management and Budget (OMB) and funded through congressional appropriations. As stipulated, the FLETA Board is comprised of representatives from federal law enforcement agencies, who meet together to set standards for the delivery and administration of federal law enforcement training.

7. There are no special circumstances regarding this information collection which is conducted in accordance within the of 5 CFR 1320.6. However, in situations where a previously scheduled instructor is unexpectedly unavailable, this form may need to be completed by a separate candidate, in a timeframe less than 30 days, so ATF can select and schedule a replacement instructor in a timely manner prior to the training.

8. No comments were received during the 60-day Federal Register Notice period. However, a 30-day Notice will be published in the Federal Register to solicit public comments.

9. No payment or gift is associated with this collection.

10. This collection of information will remain confidential and is protected by 5 U.S.C. 552, except where noted. Access to responses are secured.

11. No questions of a sensitive nature are asked.

12. Estimates of the annual burden hours are as follows:

    Number of Respondents	Ave 20 per year
    Frequency of Response	One time application
    Number of Responses	20
    Completion Time	30 minutes
    Total Burden	10 hours

13. There is no annual cost burden to the respondent, since responses to this IC is submitted electronically.

14. Estimates of the annual cost to the Federal Government are as follows:

    Printing	$ 0
    Distribution (Electronic)	$ 0
    Staff Salary (monthly review, analysis, and data entry, GS13 @ 2 hrs per month)	$ 941
    Total	$ 941.

15. There are no program changes or adjustments associated with this collection.

16. The results of this collection will not be published.

17. ATF does not request approval to not display the expiration date of OMB approval for this collection.

18. There are no exceptions to the certification statement.

2. Statistical Methods

None.

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