Supporting Statement for Paperwork Reduction Act Submissions
Revision of a currently approved collection
Flash/Cancellation/Transfer Notice (I-12)
OMB Control # 1110-0069
The most recent version of this form is dated April 1, 2019. There were changes made to the Flash/Cancellation/Transfer Notice 1-12 form to revise the Paperwork Reduction Act notice and update the email address.
Part A. Justification
Necessity of Information:
Title 28, United States Code, Section 534, allows the FBI to acquire, collect, classify, and preserve identification, criminal identification, crime, and other records. The FBI permits such exchange of records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission; the States and cities; and penal and other institutions. It is essential the Flash/Cancellation/Transfer Notice (1-12) be utilized in order for the FBI, Criminal Justice Information Services (CJIS) Division, to assure identity history information is collected, stored, and disseminated in a manner to ensure accuracy, completeness, currency, integrity, and security of such information in an effort to protect individual privacy and provide maximum service to all law enforcement and governmental agencies. All of which is imposed on the FBI, CJIS Division, by Title 28, Code of Federal Regulations (CFR), Part 20.1.
The FBI CJIS Division provides a centralized repository of all fingerprint cards and all arrest records. Through this centralization of records, it is possible to have available a positive source of information relative to: past activities of an individual in custody or an individual applying for employment, emergency cases, identification of deceased individuals, identification of missing persons or provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin, to identify fugitives, etc.
The 1-12 provides a consistent format for agencies to submit the necessary information to indicate on an individual's Identity History Summary that the individual is being supervised (e.g., probation, parole). Then, if subsequent criminal activity occurs, the supervisory agency can be notified. The 1-12 is also utilized for agencies to notify the FBI when an individual is transferred from one agency to another (for example, the individual is transferring from one correctional facility to another). Since case law stipulates the CJIS Division has a responsibility to maintain accurate records, it is essential for this form to be utilized to better assist with locating individuals/notifying the proper authorities when criminal activity/transfers occur.
2. Needs and Uses:
The CJIS Division serves the nation as a repository for fingerprints and identity history information. The Privacy Act of 1974 requires each agency that maintains a system of records to maintain the records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual. Case law stipulates that the CJIS
Division has a duty to take reasonable measures to maintain accurate records. The 1-12 provides a consistent format for agencies to submit the necessary information to indicate on an individual's identity history that the individual is being supervised to ensure the supervisory agency is notified of any additional criminal activity. The 1-12 is also utilized for agencies to notify the FBI when an individual is transferred from one agency to another.
3. Use of Technology:
The paper forms are received via mail, fax or email. Currently, there are no plans to automate the
1-12 form; however, there is an electronic capability built into the NGI system that allows courts to send flash/cancellation information to the FBI CJIS directly. There will continue to be some instances when courts will not be able to submit electronically and will need a hard-copy format for sending flash/cancellation information to the FBI CJIS Division.
4. Efforts to Identify Duplication:
The FBI is the only federal repository for the data from this information collection.
5. Methods to Minimize Burden on Small Businesses:
This information will have no significant impact on small entities. Small businesses will not be affected by this collection.
6. Consequences of Less Frequent Collection:
If the collection is not conducted or conducted less frequently, the identity history summary information provided for use by all contributing agencies would be incomplete and inaccurate.
The law enforcement community has an ever-increasing need for timely and accurate data.
Obtaining the 1-12 is pertinent to ensure supervisory agencies are notified if their individual conducts further criminal activity.
7. Special Circumstances Influencing Collection:
The 1-12 submissions are collected and processed from participating agencies, as necessary. All stored identity history summary information is inclusive of only that information which has been provided.
8. Public Comments and Consultations:
The FBI sponsors and participates in training seminars, industry meetings, and conferences with the user community. These meetings are held regularly and provide an open forum to discuss matters of mutual concern, including reporting procedures. The FBI consults with users on an individual basis as needed. Additionally, the 30 and 60-day Notices of Information Collection have been published and no comments have been received.
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 not include questions of a sensitive nature.
12. Estimate of Hour Burden:
Number of respondents 1,171
Frequency of response as needed
Total annual responses 194,287
Minutes per response 8 minutes
Annual hour burden 25,905 hours
The hours of burden was calculated by dividing the total recent annual response (194,287) by 7.5
(as 7.5 forms could be completed with 1 hour at 8 minutes per form.) The total annual responses was calculated by including both electronic and paper receipts. According to the incoming tracking, the CJIS Division received 18,126 1-12 forms from January through December 2018. There were 176,161 electronic responses from January and December 2018. The hours of burden was determined by dividing the total recent annual responses (194,287) by 7.5 (as 7.5 forms could be completed within 1 hour at 8 minutes per form). This total should equal 25,905 hours.
13. Estimate of Cost Burden:
Respondents will not incur any costs other than their time to respond. Respondents will not incur any capital, start up, or system maintenance costs associated with this information collection.
14. Estimated Annualized Costs to Federal Government:
Personnel Salaries: $ 816,182
Analysis of incoming information: $ 0
Conversion to electronic format: $ 0
Total Cost: $816,182
The CJIS Division has multiple cross-trained personnel who process this form, but it average to twelve full-time employees at the GS-8 level. With benefits on GS-8 step 5 Salary ($51,920) with 31% accounted for benefits equals $68,015 per employee. The estimated annual cost to the government for personnel salaries and for the process/analyze of the forms is $816,182.
There is no cost for conversion to electronic format because currently, transferring the information to electronic format requires data entry which is included in the cost of the analysis of incoming information.
15. Reasons for Change in Burden:
The increase in receipts increased by 172 flashes, this number fluctuates based on the number of subjects put on supervision/probation.
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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