FIX NICS Act State Implementation Plan Survey

Forms and Documents

Document Name	Status
Form unNumbered FIX NICS Act State Implementation Plan Survey Form and Instruction	Modified
Memo Justification.docx Supplementary Document	2018-11-14
FIX NICS Signed 83I.pdf Supplementary Document	2018-10-15
Prohibitor Guidance 09142018.docx Supplementary Document	2018-10-15
OMB Emergency Request Letter.pdf Supplementary Document	2018-10-15
FixNICS Act Supporting Statement final.docx Supporting Statement A	2018-11-14

IC Document Collections

IC ID	Document Title	Status
233500	FIX NICS Act State Implementation Plan Survey Form and Instruction	Modified

ICR Details

OMB Control No: 1110-0077	ICR Reference No: 201811-1110-001
Status: Historical Inactive	Previous ICR Reference No: 201810-1110-001
Agency/Subagency: DOJ/FBI	Agency Tracking No:
Title: FIX NICS Act State Implementation Plan Survey
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 11/15/2018
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 11/14/2018
	Date Received in OIRA: 11/14/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2019	6 Months From Approved	04/30/2019
Responses	56	0	56
Time Burden (Hours)	2,240	0	2,240
Cost Burden (Dollars)	0	0	0

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Abstract: In March 2018, Congress passed the Fix NICS Act, Pub. L. 115-141, tit. VI, which aims to improve the National Instant Criminal Background Check System (NICS), to include requiring the Attorney General, in coordination with each State, to establish an implementation plan. The plan is intended to “ensure maximum coordination and automation of the reporting or making available appropriate records to the [NICS]… and the verification of the accuracy of those records during a 4-year period specified in the plan.” In addition, the Act requires that each plan establish annual benchmarks to enable the Attorney General to assess the implementation of each plan. These benchmarks include qualitative goals, quantitative measures, and a needs assessment with estimated compliance costs. This request is to collect information to aid in the identification and development of these key areas, and to satisfy the requirements of the implementation plan.

Emergency Justfication: The purpose of this communication is to provide a justification for the substantive changes made to the Fix NICS Act State Implementation Plan Survey, as published in the federal register on October 24, 2018. A working group was established to collaborate on the creation of a collection tool that would serve to fulfill the requirement for the Attorney General to work with each state to establish an Implementation Plan that would ensure the reporting of appropriate records to the NICS. Due to a miscommunication, a draft of the template was provided to the OMB and consequently published in the federal register. While the bulk of the template survey remains the same (with some minor editing), there is one substantial change. There are seven federal firearm categories where it is believed state agencies may create or possess records. The same set of questions were posed within those seven categories. It was determined that one question out of that set could be removed. This question asked agencies to quantify the amount of records they may have relevant to each of the seven prohibitions and due to the time sensitive nature and at times, temporary validity of some records, it was subsequently determined there would be no value in asking respondents to respond to that question.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FIX NICS Act State Implementation Plan Survey	unNumbered	FIX NICS Act State Implementation Plan Survey

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $138,283

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/14/2018

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