Lawful Access Data Collection

Forms and Documents

Document Name	Status
1110-0NEW Supporting Statement A - Lawful Access (072023).docx Supporting Statement A	2023-07-12
Lawful Access Privacy Assessment.pdf Supplementary Document	2023-07-06
83I - Lawful Access Authorization.pdf Supplementary Document	2023-07-06
1110-0NEW Supporting Statement B - Lawful Access (2023).docx Supporting Statement B	2023-07-06

IC Document Collections

IC ID	Document Title	Status
259718	Lawful Access Other-survey	New

ICR Details

OMB Control No:	ICR Reference No: 202304-1110-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOJ/FBI	Agency Tracking No:
Title: Lawful Access Data Collection
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/12/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	950,000	0
Time Burden (Hours)	50,667	0
Cost Burden (Dollars)	0	0

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Abstract: The FBI’s Uniform Crime Reporting (UCR) Program, in conjunction with the FBI’s National Domestic Communications Assistance Center (NDCAC) and the Lawful Access Task Force, which is comprised of members representing a broad range of policy makers and practitioners, has developed a preliminary list of data elements needed to evaluate the true scope of this lawful access phenomenon and its impact on law enforcement investigations and overall public safety. The Lawful Access Data Collection (LADC) will act as the collection tool for tracking the volume of investigations that are impacted by device and software encryption and provide valuable data to decision makers to help mitigate these lawful access impacts. This collection is needed to collect data on the volume of law enforcement investigations that are negatively impacted by device and software encryption.

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 24836	04/24/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 44405	07/12/2023
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
Lawful Access

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	950,000	0	0	950,000	0	0
Annual Time Burden (Hours)	50,667	0	0	50,667	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new collection

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Annual Cost to Federal Government: $11,434,209

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? No

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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: 07/12/2023

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