1110-0054_Part A

SUPPORTING STATEMENT

1110-0054

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 depict 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

Currently, 100 percent of participating LEAs submit this data electronically. Electronic submissions are received via the UCR Summary Reporting System (SRS) Technical Specification or the SRS Microsoft Excel Workbook Tool by email at <[email protected]>. The SRS Technical Specification and Microsoft Excel Workbook Tool are available to all LEAs at (www.asucrp.net).

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. The FBI minimizes burden on small law enforcement agencies by allowing them to submit monthly, twice a year or once a year. Although monthly reporting is recommended, upon approval by the FBI UCR Program, agencies can submit data at intervals that minimizes the burdens to the agency.

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. To help reduce the burden of reporting, the FBI UCR Program has provided agencies with electronic data submission methods.

7. Special Circumstances

Human trafficking 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 data. Monthly reports/submissions should be received by the FBI by the fifteenth day after the close of each month. 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

All FBI UCR Program information collections are held confidential in accordance with Title 42, United States Code, Section 3789(g). Even though this information collection does not contain personal identifier information that may reveal the identity of an individual it is obtained from public agencies and are, therefore, in the public domain. The FBI 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. Since this collection was new in 2013, there were no prior studies with which to estimate a respondent’s burden. Therefore, 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 was nine (9) minutes and an additional (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 one-time burden to the agencies to make information system adjustments. The UCR Program has 12,747 potential law enforcement agencies who have not updated their systems to collect human trafficking data. Of those agencies, 3,223 are NIBRS agencies, 5,613 are SRS agencies, and 3,911 agencies are non-responsive.

Number of respondents 5,751

Number of non-respondents 12,747

Frequency of responses Monthly

Total annual responses 69,012

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

Annual hour burden 56,213 hours

Annual hour burden to modify system over 3 year span 1,529,640 hours

	SRS			NIBRS
	Number of Agencies	Number of Responses	14 Min. Burden	Number of Agencies	Number of Responses	120 Min. Burden	Totals
12 months	3,859	46,308	648,312	1,892	22,704	2,724,480	3,372,792
Total Responding Agencies	3,859			1,892			5,751
Annual Responses		46,308			22,704		69,012
Non-responsive agencies	2,039			1,872			3,911
# of Agencies Within States Who Have Not Programmed HT	5,613			3,223			8,836
Form Completion Hour Burden			648,312 minutes			2,724,480 minutes	56,213 hours
System Modification Hr Burden Over 3 years	918,240 hours			611,400 hours			1,529,640 hours

13. Cost Burden

There are no direct costs to law enforcement to participate in the FBI UCR Program other than their time to respond. The FBI's UCR Program disseminates the electronic version of the Monthly Return of Human Trafficking Offenses Known to Law Enforcement free of charge via the Microsoft Excel Workbook Tool. The estimated cost for a SRS 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 addition cost, if there is a charge, it would be approximately $3,000 per law enforcement agency. These costs are a one-time cost to the agencies to make system adjustments. Over a three year span, the estimated costs would be:

SRS total annual costs = $20,000 x 7,652 (# of SRS agencies) = 153,040,000/3 = $51,013,333

NIBRS total annual costs = $3,000 x 5,095 (# of NIBRS agencies) = 15,285,000/3 = $5,095,000

SRS + NIBRS = $56,108,333

14. Cost to Federal Government

According to the cost object provided by FBI Criminal Justice Information Services, Resource Management Section, Financial Management Unit, the following are projections based upon prior collection activity, as well as activities anticipated over the next three years for both the NIBRS and SRS. The cost module does not separate the costs between the two methods of collecting UCR data.

Data Collection and Processing Costs

Communication/Reporting $ 29,583.84

CSMU Correspondence/Documents $ 394,055.53

Data Requests $ 168,878.28

Development $ 187,158.04

Liaison/Correspond with Fed/State/Local Agencies $ 515,310.70

Liaison with Law Enforcement and CJIS User Comm $ 226,846.86

Marketing $ 42,849.55

Operational Assist (Other than Data Coll/Analysis) $ 30,896.72

Perform General Admin $ 412,138.82

Perform Strategic Planning $ 90,211.92

Perform Unit Budget Activities $ 130,835.90

Policy $ 207,329.86

Program Control $ 64,178.69

Program Planning $ 168,459.24

Provide Tech, Stat and Mathematical Assist/Training $ 230,048.19

Risk Management $ 18,336.99

Special Studies Using UCR Data $ 275,413.29

UCR Automation/Development $ 634,081.93

UCR Data Collection/Analysis $ 1,401,215.46

UCR Publications/Reports $ 465,089.64

Total Cost to Federal Government $ 5,692,919.45

15. Reason for Change in Burden

There is no increase in burden on the individual respondents; however, the overall annual burden hours have decreased. This is an adjustment, a decrease from 3,307,279 to 1,585,853 which is a decrease of 1,721,426. This decrease in burden is due to the change in the potential number of respondent law enforcement agencies. The 2013 figures were calculated on the total number of respondent agencies reporting to the UCR Program via the SRS and NIBRS, because the Program had not begun to report human trafficking data. The figures supplied during this review are based on the respondent agencies that are currently submitting human trafficking data. The system modification burden hours are also included, because twenty-four states, the District of Columbia, and one U.S. Territory have not yet programmed their record management systems to collect human trafficking data.

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

The FBI’s CJIS Division does not request an exception to the certification of this information collection.

6