R-84supporting statment

Supporting Statement for Paperwork Reduction Act Submissions

Approval of existing collection in use without OMB control number for the Final Disposition Report (R-84)

OMB Control # 1110-xxxx

Part A. Justification

1. Necessity of Information:

Title 28, United States Code, Section 534, allows the Federal Bureau of Investigation (FBI) to acquire, collect, classify, and preserve identification/information, criminal identification, crime, and other records. The FBI permits such 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. It is essential the Final Disposition Report (R-84) be utilized in order for the FBI, Criminal Justice Information Services (CJIS) Division, to assure criminal history record information is collected, stored, and disseminated in a manner to ensure accuracy, completeness, currency, integrity, and security of such information in an effort to protect individual privacy and provide maximum service to all law enforcement and governmental agencies. All of which is imposed on the FBI, CJIS Division, by Title 28 Code of Federal Regulations (CFR) 20.1.

The FBI CJIS Division provides a centralized repository of all fingerprint cards and all arrest records. Through this centralization of records, it is possible to have available a positive source of information relative to: past activities of an individual in custody or an individual applying for employment, emergency cases, identification of deceased individuals, identification of missing persons or provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin, to identify fugitives, etc.

2. Needs and Uses:

The CJIS Division serves the nation as a repository for fingerprints and criminal history record information. 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. Case law stipulates that the CJIS Division has a duty to take reasonable measures to maintain accurate records. The R-84 provides a consistent format for agencies to submit the necessary information.

3. Use of Technology:

Currently, the CJIS Division accepts electronic submissions of dispositions through the Machine Readable Data (MRD) process and the Interstate Identification Index (III) Message Key (MKE). The MRD process has been modernized to allow agencies to submit disposition data in bulk via Compact Disc Read-Only Memory (CD-ROM) and Digital Versatile Disc (DVD). The III MKE was developed to provide agencies the capability to update and FBI Identification Record with disposition data via the III. The CJIS Division is exploring the feasibility for direct connections to Federal Courts. This enhancement will provide Federal Courts the ability to submit disposition information electronically into the Integrated Automated Fingerprint Identification System (IAFIS) via the CJIS Wide Area Network (WAN).

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, the criminal history record information (CHRI) provided for use by all contributing agencies would be incomplete and inaccurate. The law enforcement community has an ever-increasing need for timely and accurate data. Obtaining the R-84 is vital to ensuring the most accurate data is provided to all authorized entities accessing the IAFIS to conduct background checks for employment and licensing, as well as, those agencies accessing the IAFIS for criminal investigations and court sentencing decisions.

7. Special Circumstances Influencing Collection:

All R-84 submissions, whether electronic or hard-copy, are collected and processed from participating agencies, as necessary. In accordance with Title 28 CFR 20.37, agencies are required to submit R-84s to the FBI CJIS Division . All stored CHRI is inclusive of only that information which has been provided.

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 was published in the Federal Register and no comments were received.

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:

Respondents report on the fingerprint cards. A respondent may submit multiple fingerprint cards.

Number of respondents 71,757

Frequency of response as needed

Total annual responses 650,000

Minutes per response 5 minutes

Annual hour burden 54,167 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 R-84s are processed, analyzed, and converted into an electronic format by the same personnel. Therefore, the cost for analysis and conversion were added together on one line.

Personnel Salaries: $ 71,821

Analysis of incoming information: $ 1,604,837

Conversion to electronic format: $

Total Cost: $ 1,676,658

15. Reasons for Change in Burden:

Until recent years, the R-84 was used without OMB approval which accounts for the increase in the number of responses.

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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