Supporting Statement A

SUPPORTING STATEMENT A

Emergency Federal Law Enforcement Assistance

OMB - 6

OMB No. 1653-0019

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Section 404(b) of the Immigration and Nationality Act, 8 U.S.C. 1101 note, established the Immigration Emergency Fund, as amended by section 705(a) of the Immigration Act of 1990, Pub. L. 101-649, 101 Stat. 5087 (IMMACT), and section 208(d) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232, 105 Stat. 1757. Section 404(b) authorizes an annual appropriation to maintain a balance of $35,000,000 in an Immigration Emergency Fund to provide for an increase in border patrol or other enforcement activities of the Department of Homeland Security (DHS), and to reimburse States and localities for providing assistance as requested by the Secretary of Homeland Security. While the existing regulations reference the Department of Justice (DOJ) and Attorney General, the Homeland Security Act of 2002 (HSA), Pub. L. 107-296, 116 Stat. 2135 transferred the immigration enforcement functions from the former Immigration and Naturalization Service (INS) in the DOJ to DHS.  There are various sections within the HSA applicable to ICE’s authority to maintain this collection. Among these are Section 402 (regarding the Secretary’s responsibility in carrying out the immigration enforcement functions carried by the former Commissioner of the INS), Section 441 (transfer of functions pertaining to specific programs), and Section 442 (establishment of ICE).

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information collection is used by the Secretary of Homeland Security to determine eligibility for the requested immigration benefits. This collection of information is needed for the States and localities to submit claims for reimbursement in connection with immigration emergencies.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The use of this collection format currently provides the most efficient means for collecting and processing the required data. In this case Immigration and Customs Enforcement (ICE) does not employ the use of information technology in collecting and processing information. ICE does not have any immediate plans in place to convert the submission of this information to an automated format. This is due to the question raised during the previous request for OMB approval of the extension of this information collection; DHS/ICE is requesting that OMB research its own records to verify that the Immigration Emergency Fund account (which is associated with this collection) was officially transferred from DOJ to DHS.  While we have provided citations in the SS where the authority was transferred from DOJ to DHS for immigration issues, OMB is in fact the entity that would hold the record on where this account is actually assigned to date. DHS/ICE wants to verify that ownership of the account was transferred along with the authority.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information is not collected in any form, and therefore is not duplicated elsewhere.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

This collection of information does not have an impact on small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The collection of the information as set forth is necessary in order for the Secretary of Homeland Security to make disbursements from the Immigration Fund. This information collection is the only vehicle by which States and localities are reimbursed for providing assistance for specific emergent immigration circumstances.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document;

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with guidelines in 5 CFR 1320.5 (d)(2)

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On November 5, 2010, ICE published a notice in the Federal Register at 75 FR 68371, soliciting public review and comment for a 60 day period on the proposed extension of the approval of this information collection. ICE received no public comment during this period. On January 27, 2011, ICE published a follow up notice in the Federal Register at 76 FR 4931, soliciting public review and comment for an additional 30 day period on the proposed extension of the approval of this information collection.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

ICE does not provide payment of gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There are no assurances of confidentiality provided to the respondents for this information collection.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to person’s form whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Annual Reporting Burden:

a. Number of Respondents: 10

b. Number of Responses per Respondents: 1

c. Total Annual Responses: 10

d. Hours per Response: 30

e. Total Annual Reporting Burden: 300

f. Total Public Cost: $3,000

Annual Reporting Burden

The annual reporting burden is 300. This figure was derived by multiplying the number of respondents (10) x frequency of response (1) x hours per response (30). This estimation is based on prior ICE experience with the program; because the collection of this information is driven by emergency situations we do not anticipate the number of respondents will be great.

Public Cost

The estimated annual public cost is $3,000. This is based on the number of respondents (10) x hours per response (30) x average hourly rate ($10).

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government or (4) as part of customary and usual business or private practices.

There are no record keeping, capital or start-up or maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annualized Cost Analysis:

a. Printing Cost $0

b. Collection and Processing Cost $13,800

c. Total Program Cost $13,800

d. Fee Charge $0

e. Total Cost to Government $13,800

Government Cost

The estimated cost of the program to the Government is $13,800. This figure is calculated by using the estimated number of respondents (10) x amount of time required to collect and process information by ICE (30 hours) x suggested average hourly rate for clerical, officer, and supervisory time with benefits ($40) + the recordkeeping burden of the estimated number of respondents (10) x amount of time required to record and maintain the information collection (30 hours) x suggested average hourly rate for clerical and supervisory time with benefits ($30).

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

There has been no change in the information taken as a part of this collection, thus there is no increase or decrease in the estimated annual burden hours previously reported for this information collection.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

ICE does not intend to employ the use of statistics or the publication thereof for this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

ICE will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.

ICE does not request an exception to the certification of this information collection.

7