SUPPORTING STATEMENT
CERTIFICATION OF COMPLIANCE WITH MANDATORY BARS TO EMPLOYMENT
OMB 3064-0121
INTRODUCTION
The FDIC is requesting OMB renewal of this collection, based on the reporting requirements included in 12 CFR 336, Subpart B, “Minimum Standards of Fitness for Employment with the Federal Deposit Insurance Corporation” of the FDIC Rules and Regulations. This rule implements Section 19 of the Resolution Trust Corporation Completion Act ("Completion Act"), P.L.103-204, by (among other things) prescribing a certification, with attachments in some cases, relating to job applicants' fitness and integrity.
A. JUSTIFICATION
1. Circumstances and Need
The Completion Act, enacted on December 17, 1993, prohibits any person from becoming employed by, or providing service to or on behalf of, the FDIC who does not meet minimum standards of competence, experience, integrity, and fitness. More specifically, the statute provides that the FDIC shall issue regulations implementing provisions that prohibit any person from becoming employed who has been convicted of any felony; has been removed from, or prohibited from participating in the affairs of, any insured depository institution pursuant to any final enforcement action by any appropriate federal banking agency; demonstrated a pattern or practice of defalcation regarding obligations to insured depository institutions; or caused a substantial loss to federal deposit insurance funds. The collection of information proposed here, which is contained in 12 CFR 336, would implement these mandatory bars to employment through a certification, signed by job applicants prior to an offer of employment.
2. Use of the Information Collected
The information would assist the FDIC in identifying applicants who meet the criteria for mandatory bars to employment.
Use of Technology to Reduce Burden
In most cases, applicants are required to provide only their signature. In some additional cases, they are required to attach information. The need for the signatures makes electronic submissions impracticable.
4. Effort to Identify Duplication
There is no duplicate source of information.
Minimizing the Burden on Small Entities
Not applicable. The FDIC notes, however, that in most cases, applicants are required to provide only their signature. In some additional cases, they are required to attach information. In this way, the burden is minimized to the greatest extent possible consistent with the statutory mandate.
6. Consequence of Less Frequent Collections
These are occasional collections, one time only for each applicant.
7. Special Circumstances
Not applicable.
8. Summary of Public Comments
A 60-day Federal Register notice seeking comment was published on May 30, 2012 (77 FR 31854). No comments were received.
9. Payment or Gift to Respondents
Not applicable.
10. Confidentiality
All required records are subject to the confidentiality requirements of the Privacy Act.
Information of a Sensitive Nature
This collection asks applicants for employment with the FDIC to provide potentially sensitive information about their past history. This information is necessary to permit the FDIC to comply with the Completion Act, and to assure that its workforce does not include individuals who are barred by law from employment with the FDIC. Persons from whom the information is requested are advised of the reason for the collection.
Estimates of Annualized Burden
Number of respondents: 600
Number of responses per respondent: 1
Total annual responses: 600
Time per response: 10 minutes
Current Total annual burden: 100 hours
Previous Total annual burden: 99 hours
Change in burden hours: +1
Total Annual Cost Burden
None.
Annualized Cost to the Federal Government
De minimus.
15. Reason for Program Changes or Adjustments
The change of +1 hour reflects an adjustment arising from calculating the response time in minutes rather than as a fraction of an hour.
16. Publication
No publication is made of the information.
17. Display of Expiration Date
The expiration date will be displayed on the form.
18. Exceptions to Certification
None.
STATISTICAL METHODS
Not applicable.
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| Author | FDIC |
| Last Modified By | lgregorie |
| File Modified | 2012-07-30 |
| File Created | 2012-07-30 |