Human Trafficking Supporting Statement Part A

SUPPORTING STATEMENT

NEW COLLECTION

MONTHLY RETURN OF HUMAN TRAFFICKING OFFENSES KNOWN TO LAW ENFORCEMENT

A. Justification.

1. Necessity of Information Collection

Public Law 110-457, Title II, Section 237(a), (b), December 23, 2008, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. PL 110-457 requires the FBI to implement the collection of human trafficking data as a Part I crime in the Uniform Crime Reporting (UCR) Program; to collect subcategories for "state sex crimes," that do, or do not, involve force, fraud, or coercion for persons under 18 years of age, or 18 years of age and older; and furthermore, to distinguish between incidents of assisting or promoting prostitution, purchasing prostitution, and prostitution from city, county, state, federal, and tribal law enforcement agencies. In response to this congressional mandate to collect the offense of Human Trafficking as a Part I crime, the FBI's UCR Program developed the Monthly Return of Human Trafficking Offenses Known to Law Enforcement from law enforcement agencies nationwide.

The Human Trafficking form collects two situations: Commercial Sex Acts and Involuntary Servitude. The number of offenses reported to law enforcement are collected in column 2; the number of those offenses collected in column 2 that are found to be false or baseless is collected in column 3; column 4 is the number of actual offenses reported by subtracting column 3 from column 2; the total number of clearances cleared by arrest or exceptional means is collected in column 5; and column 6 includes the number of clearances that were reported in column 5 that involved an offender under 18 years of age.

State sex crimes are already being collected on the existent Return A and Age, Sex, and Race forms. Human Trafficking offenses were added to the Age, Sex, and Race forms as well as expanding the prostitution categories.

2. Needs and Uses

The FBI's UCR Program will serve as the national clearinghouse for the collection and dissemination of human trafficking crime data and will publish these statistics on an annual basis. The Monthly Return of Human Trafficking Offenses Known to Law Enforcement form is a necessary mechanism to enable law enforcement agencies to report incidents of human trafficking to the FBI. These data will be utilized by the FBI to capture the essence of the national human trafficking crime problem and its negative effect on the economy of the United States. This information will serve as a valuable resource to law enforcement agencies, the academic community, government entities, the general public, and the media.

3. Use of Information Technology

Even though this form was designed to be 100 percent electronic, approximately 25 percent of participating law enforcement agencies may submit the Monthly Return of Human Trafficking Offenses Known to Law Enforcement hard copy. The Monthly Return of Human Trafficking Offenses Known to Law Enforcement is an interactive web-based form, which will be available online at  This form is provided in a fillable PDF format to be completed and submitted electronically. Electronic submissions may be submitted via magnetic media and/or Law Enforcement Online (LEO) e-mail attachment at [email protected].

4. Efforts to Identify Duplication

Public Law 110-457, Title II, Section 237(a), (b), December 23, 2008, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, mandates that the FBI establish a human trafficking data collection within the UCR system.

The U.S., Department of Justice, Civil Rights Division created a Human Trafficking Prosecution Unit within the Criminal Section. Human trafficking crimes, like other civil rights crimes, require notification to the Criminal Section.

The Bureau of Justice Assistance has also funded 42 Human Trafficking Task Forces to bring together federal, state, and local law enforcement authorities, government agencies, and nongovernmental victim-service providers in a multidisciplinary approach to identify human trafficking crimes.

Northeastern University of Boston, Massachusetts also collects human trafficking data at this link <http://northeastern.edu/humantraffikcing/national-human-trafficking-resource-center/>.

5. Minimizing Burden on Small Businesses

This information will have no significant impact on small entities. No small business will be affected by this collection.

6. Consequences of Not Conducting or Less Frequent Collection

In order to serve as the national repository for crime reporting and to produce a reliable dataset, the FBI collects monthly data that are reported by participating UCR Program contributors. There is an ever-increasing need for timely and accurate data dissemination by the FBI to assist our partners in law enforcement.

7. Special Circumstances

All data are collected/received from UCR Program participants on a monthly basis. The FBI’s UCR Program has established various time frames and deadlines for acquiring the monthly data. Annual deadlines are also designated in order to collect/assess receipt of monthly submissions. There are times when special circumstances may cause an agency to request an extension. The FBI’s UCR Program has the authority to grant these extensions. Participation in the national UCR Program is voluntary.

8. Public Comments and Consultations

The 60 and 30 day notices have been submitted and no public comments were received.

9. Provision of Payments or Gifts to Respondents

The FBI’s UCR Program does not provide any payment or gift to respondents.

10. Assurance of Confidentiality

This information collection does not contain personally identifiable information that may reveal the identity of an individual. The data is obtained from public agencies and are, therefore, in the public domain. The UCR Program does not assure confidentiality.

11. Justification for Sensitive Questions

This information collection does not collect information of a sensitive nature.

12. Estimate of Respondent’s Burden

The estimated burden for the human trafficking data collection varies based upon the volume of human trafficking crimes. As a new data collection, there are no prior studies with which to estimate a respondent's burden. Therefore, consistent with the Office of Management and Budget (OMB) guidelines, the UCR Program conducted cognitive testing of the form. In conclusion the average time needed to complete the SRS Monthly Return of Human Trafficking Offenses Known to Law Enforcement is nine (9) minutes and an additional five (5) minutes to read the directions. For NIBRS it takes approximately 2 hours to submit a monthly submission and five (5) minutes to read the instructions. To update the state UCR information systems it takes approximately 45 days for the SRS and approximately 6 months for IBR systems. System update burdens are a onetime burden to the agencies to make information system adjustments. Although unknown, the FBI UCR Program assumes fifty percent of these system updates are done in house and fifty percent are completed by system vendors. The UCR Program has the potential of 18,233 participating law enforcement agencies submitting data on a monthly basis. Of those agencies, 6,038 are NIBRS agencies, 10,096 are SRS agencies, and 2,099 are nonresponsive.

Number of respondents 16,134

Number of non-respondents 2,099

Frequency of responses monthly

Total annual responses 186,904

Minutes per response to complete form NIBRS 2 hours/SRS 14 minutes

One time burden to modify information systems NIBRS 6 months/SRS 45 days

Annual hour burden to complete form 163,599 hours

Annual hour burden to modify system over 3 year span 3,143,680 hours

	SRS			NIBRS
Number of months submitted	Number of Agencies	Number of Responses	14 min. Burden	Number of Agencies	Number of Responses	120 min. Burden	Totals
1 month	14	14	196	109	109	13,080
2 months	23	46	644	55	110	13,200
3 months	54	162	2,268	39	117	14,040
4 months	11	44	616	64	256	30,720
5 months	16	80	1,120	55	275	33,000
6 months	39	234	3,276	57	342	41,040
7 months	24	168	2,352	63	441	52,920
8 months	42	336	4,704	60	480	57,600
9 months	39	351	4,914	78	702	84,240
10 months	113	1,130	15,820	106	1,060	127,200
11 months	231	2,541	35,574	198	2,178	261,360
12 months	9,490	113,880	1,594,320	5,154	61,848	7,421,760
Non-responsive							2,099
Total Agencies	10,096			6,038			16,134
Annual Responses		118,986			67,918		186,904
Form Completion Hr Burden			1,665,804 minutes			8,150,160 minutes	163,599 hours
System Modification Hr Burden over 3 years	1,211,520 hours			1,932,160 hours			3,143,680 hours

13. Estimate of Cost Burden

There are no direct costs to law enforcement to participate in the UCR Program other than their time to respond. With the implementation of this new data collection within the FBI's UCR Program, law enforcement agencies will voluntarily update their computer systems. The FBI's UCR Program will make the Monthly Return of Human Trafficking Offenses Known to Law Enforcement available online free of charge. The estimated cost for a Summary Reporting System agency to modify current information systems is approximately $20,000 and for NIBRS agencies, Service Level Agreements are in place with vendors to include maintenance and version upgrades at no additional cost, if there is a charge, it would be approximately $3,000 per law enforcement agencies. These costs are a onetime cost to the agencies to make system adjustments. Although unknown, the FBI UCR Program assumes fifty percent of these system updates are done in house and fifty percent are completed by system vendors. Over a three year span the estimated costs would be:

SRS total annual costs = $20,000 x 10,096 (# of SRS agencies) = 201,920,000/3 = $67,306,666

NIBRS total annual costs = $3,000 x 6,038 (# of NIBRS agencies) = 18,114,000/3 = $6,038,000

SRS + NIBRS = $73,344,666

14. Cost to Federal Government

The following are generalized projections based upon prior collection activity of a similar form that the FBI UCR Program uses.

Data Collection and Processing Costs

461,060

Below is the estimated cost to the FBI UCR Program to modify for new data collections or adjustments to the information system.

Function	Description	Government Costs
Implementation Approach	CSMU staff time	$15,047
Advisory Policy Board (APB) Process	CSMU staff time	$31,648
System Changes (ITMS)	ITMS staff time	$240,223
	ITMS existing contract services	$120,000
	ITMS additional contract services	$250,000
	ITMS existing hardware/software	$0
	ITMS additional hardware/software	$0
Production of New Manual	MPG staff time	$43,122
Data Quality (testing system, fielding user calls)	CSMU staff time	$159,013
Audit Revisions	CAU staff time	$786
Total Cost		$859,838

15. Reason for Change in Burden

Not applicable. This is a new collection.

16. Anticipated Publication Plan and Schedule

Published data are derived from data submissions furnished to the FBI UCR Program from local, county, state, federal, and tribal law enforcement agencies throughout the country. Data will be published on an annual basis.

Request for missing Jan-Jun data August and September

Request for missing Jan-Dec data February and March, following year

Deadline to submit data March

Data processing/analysis July-May

Publication of data September of following year

17. Display of Expiration Date

All information collected under this clearance will display the OMB Clearance Number and expiration date.

18. Exception to the Certification Statement

No exceptions to the certification statement are requested.

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