1110-0052_Supporting Statement

Supporting Statement for Paperwork Reduction Act Submissions

Approval of existing collection in use without OMB control number for the Applicant Information Form (1-783)

OMB Control # 1110-xxxx

Part A. Justification

1. Necessity of Information:

The regulations under 28 United States Code (USC) 534, which authorizes the Federal Bureau of Investigation's (FBI's) acquisition, retention, and sharing of information does not prohibit the subjects of arrest and conviction records from having access to those records. Therefore, Title 28 Code of Federal Regulation (CFR) Part 16 was amended to include '16.30-16.34, which contains the regulations of the FBI concerning procedures to be followed when the subject of an identification record requests production of that record to review it or to obtain a change, correction, or update of that record. The collection of information on this form is necessary to conduct an accurate and timely search of an individual's criminal history record information or to prove that such a record does not exist.

2. Needs and Uses:

The Applicant Information Form (1-783) is utilized to collect information necessary to process an individual's request for their criminal history record information. The form is used to collect the individual's name and date of birth (DOB), both of which are required for a fingerprint search. Although the name and DOB are collected on the fingerprint card, it is essential to have the name and DOB on the 1-783 form to ensure accuracy and/or resolve any discrepancies associated with the name and DOB. The form is used to collect the mailing address of an individual to ensure the fingerprint search results are mailed to the correct address to avoid potential occurrences of Personally Identifiable Information (PII) breaches. Contact information, such as telephone number and/or e-mail address, is requested in case additional information or clarification is required for processing. The number of copies requested is collected on the form to ensure the customer receives the appropriate number of fingerprint search results. The form requires the individual's signature for validation purposes, as well as in cases where the results are to be mailed to a different address other than the address of the customer.

3. Use of Technology:

There are plans to automate the Departmental Order (DO) process expected in five years; however, it is currently unclear if the 1-783 will be utilized due to future development of the Electronic Departmental Order (eDO). The eDO will provide the opportunity for individuals to enter their descriptive data into fillable forms, not necessarily the 1-783, submit payment for the Departmental Order process via a secure payment vehicle, and retrieve fingerprint search results from a secure website.

4. Efforts to Identify Duplication:

The FBI is the only federal agency authorized to conduct the criminal history background check for the data from this information collection.

5. Methods to Minimize Burden on Small Businesses:

Small businesses will not be affected by this collection.

6. Consequences of Less Frequent Collection:

The 1-783, is necessary with every criminal history background request from an individual in order to ensure accurate and timely processing. The form is utilized to collect information, such as name, DOB, mailing address, contact information, number of copies needed, and individual's signature, which are all pertinent in either the fingerprint search process or the process of mailing the results to the customer. Failure to collect information on the form would result in the inability to complete the request.

7. Special Circumstances Influencing Collection:

Title 28 CFR Part 16, Subpart C regulates the production of FBI Identification Records in response to written requests by subjects thereof. By order dated September 24, 1973, the Attorney General of the United States directed the FBI publish rules for the dissemination of arrest and conviction records to the subjects of such records upon request. This order resulted from a determination that 28 U.S.C. 534 does not prohibit the subjects of arrest and conviction records from having access to those records. In accordance with the Attorney General's order, the FBI will release to the subjects of identification records copies of such records upon submission of a written request, satisfactory proof of identity of the person whose identification record is requested and a processing fee.

8. Public Comments and Consultations:

The FBI website, <www.fbi.gov>, provides thorough information relating to the regulations and the process for which an individual may obtain their own identification record. 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 request each applicant voluntarily provide the last four digits of their Social Security Account Number. Failure to provide the requested information may affect the completion of the request, because other people may have the same name and DOB. Additionally, Executive Order 9397 asks Federal agencies to use this number to help identify individuals in agency records.

12. Estimate of Hour Burden:

Number of respondents 225,000

Frequency of response as needed

Total annual responses 225,000

Minutes per response 3 minutes

Annual hour burden 11,250 hours

13. Estimate of Cost Burden: 0

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 annualized costs provided below for the Analysis and Conversion incorporates personnel salaries involved with those specific processes.

Personnel Salaries: $ 500,000

Analysis of incoming information: $ 2,000,000

Conversion to electronic format: $ 500,000

Total Cost: $ 3,000,000

Note: The respondents must include an $18 fee for each copy requested of their personal

criminal history record as indicated on the 1-783.

15. Reasons for Change in Burden:

There is no change in burden associated with this ICR.

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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