30-day FRN

I-864 REV 30-day FRN_04102020_85FR20292.pdf

Affidavit of Support Under Section 213A of the Act

30-day FRN

OMB: 1615-0075

Document [pdf]
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20292

Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices

Portal at http://www.regulations.gov and
search for the docket ID. Submitted
comments may also be inspected at
FEMA, Office of Chief Counsel, 8 NE,
500 C Street, SW, Washington, DC
20472.
II. Background
On October 5, 2018, the President
signed into law the Disaster Recovery
Reform Act 1 (DRRA). The DRRA
contains approximately 50 provisions
which acknowledge the shared
responsibility for disaster response and
recovery, aim to reduce the complexity
of FEMA, and build the nation’s
capacity for the next catastrophic event.
Some of the highlights from the DRRA
include additional authority to reduce
risk from future disasters after a fire,
increase State capacity to manage
disaster recovery, provide greater
flexibility to survivors with disabilities,
and retain skilled response and recovery
personnel.
This policy addresses Section 1234 of
the DRRA, titled ‘‘National Public
Infrastructure Pre-Disaster Hazard
Mitigation,’’ which amended section
203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(Stafford Act), 42 U.S.C. 5121 et seq.
Section 1234 of the DRRA authorizes
FEMA to set aside 6 percent of
estimated disaster expenses for each
major disaster to fund a new grant
program, called Building Resilient
Infrastructure and Communities (BRIC).
The new program will supersede the
existing Pre-Disaster Mitigation (PDM)
program authorized under Section 203 2
and will promote a national culture of
preparedness through encouraging
investments to protect our communities
and infrastructure and strengthening
national mitigation capabilities to foster
resilience. The following principles will
guide the BRIC program:
• Support communities through
capability and capacity building
• Encourage and enable innovation
• Promote partnerships
• Enable large projects
• Maintain flexibility
• Provide consistency
The BRIC Policy provides a consistent
framework and standing requirements
for the program. FEMA will calculate
1 Pubic

Law 115–254, 132 Stat. 3438.
August 2019, FEMA posted a PDM fact sheet
and notice of funding opportunity (NOFO) to its
website, available at https://www.fema.gov/medialibrary/assets/documents/182171. The NOFO
clarified that fiscal year (FY) 2019 would be the last
year that FEMA offered the PDM program, and that
it would supersede that program by BRIC in FY
2020. As both the fact sheet and the NOFO explain,
the 2015 Hazard Mitigation Assistance (HMA)
Guidance applies to the FY 2019 PDM grant
program application cycle.

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the 6 percent set aside within 180 days
after each major disaster and set aside
that amount from the Disaster Relief
Fund into the National Public
Infrastructure Pre-Disaster Mitigation
Fund.3 The total amount will vary year
to year based on the estimated amount
of disaster assistance for each major
Presidentially-declared disaster, and the
number of Presidentially-declared
disasters in each year. On an annual
basis, FEMA will assess the amount
available in the National Public
Infrastructure Pre-Disaster Mitigation
Fund and determine what portion of it
will be available for the next year’s grant
cycle. FEMA will announce this
determination in the annual Notice of
Funding Opportunity (NOFO) 4 which it
will post for a period of time on its
website prior to opening the application
period.
The Stafford Act limits eligible
applicants to States and territories that
have had a major disaster declaration in
the 7 years prior to the annual
application period start date, and
federally-recognized Tribes entirely or
partially located in a State that has had
a major disaster declaration in the 7
years prior to the application period
start date.5 Subapplicants include local
governments and non-federally
recognized Tribes,6 who may apply to
States and territories for funding. (Note
that federally-recognized Tribes may
apply as either applicants or
subapplicants).7
In addition to determining annually
the total amount to be made available
for BRIC, FEMA may allocate from that
amount to eligible States and territorial
applicants, with a specific set-aside for
Tribes, an allocation for mitigation
capability- and capacity-building
activities and mitigation projects, and
make the remainder of the funding
available competitively for mitigation
projects. FEMA may also make a portion
of funding available for management
costs (costs to manage the grant) and
non-financial technical assistance to all
eligible entities. Funding would
generally be subject to a Federal cost
share of up to 75 percent, and up to 90
percent for small and impoverished
communities.8
Each year, FEMA will provide
stakeholders with more detailed
information about the program
requirements through an annual Notice
3 42

U.S.C. 5133(i).
CFR 200.203 sets forth the requirement to post
a NOFO and the required contents of a NOFO.
5 42 U.S.C. 5133(g).
6 42 U.S.C. 5122(8).
7 42 U.S.C. 5123.
8 42 U.S.C. 5133(h).
42

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of Funding Opportunity (NOFO)
process.9 The NOFO will address a
variety of topics, including but not
limited to:
• Important application dates
• Specific funding amounts and
allowances
• Provision of technical assistance
• Codes and standards activities
• Sample project types
• Application review process,
including competition structure and
merit criteria
• Method for determining costeffectiveness
• Award administration information
• Additional requirements and
guidelines
The proposed guidance does not have
the force or effect of law.
FEMA seeks comment on the
proposed guidance, which is available
online at http://www.regulations.gov in
docket ID FEMA–2019–0018. Based on
the comments received, FEMA may
make appropriate revisions to the
proposed guidance. When or if FEMA
issues a final policy, FEMA will publish
a notice of availability in the Federal
Register and make the final guidance
available at http://www.regulations.gov.
The final guidance will not have the
force and effect of law and is not meant
to bind the public in any way. The
guidance document is intended only to
provide clarity to the public regarding
existing requirements under the law or
agency policies.
Authority: Sec. 1234, Pub. L. 115–254, 132
Stat. 3438.
Pete Gaynor,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2020–07609 Filed 4–9–20; 8:45 am]
BILLING CODE 9111–47–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0075]

Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Affidavit of
Support Under Section 213A of the Act
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:

The Department of Homeland
Security (DHS), U.S. Citizenship and

SUMMARY:

92

CFR 200.203.

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Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: Comments are encouraged and
will be accepted until May 11, 2020.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0075 in the body of the letter, the
agency name and Docket ID USCIS–
2007–0029. Submit comments via the
Federal eRulemaking Portal website at
http://www.regulations.gov under eDocket ID number USCIS–2007–0029.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief,
Telephone number (202) 272–8377
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS website at http://
www.uscis.gov, or call the USCIS
Contact Center at (800) 375–5283; TTY
(800) 767–1833.
SUPPLEMENTARY INFORMATION:
Reasons for Changes
An Affidavit of Support Under
Section 213A of the INA (Affidavit) is
required for most family-sponsored
immigrants and some employmentbased immigrants. See INA section
212(a)(4) and INA section 213A. By
executing an Affidavit, a sponsor is
creating a contract between the sponsor
and the U.S. Government. Under the
contract, the sponsor agrees that he or
she will: (1) Provide support to the
sponsored immigrant at an annual
income of, in most cases, not less than
125 percent of the Federal poverty line
during the period the support obligation
is in effect; (2) to be jointly and
severally liable for any reimbursement
obligation incurred as a result of the
sponsored immigrant receiving any
means-tested public benefits during the
period the obligation is in effect; and (3)
to submit to the jurisdiction of any
Federal or State court for the purpose of
enforcing any of the support obligation
under INA section 213A.
On May 23, 2019, President Trump
issued the Memorandum on Enforcing
the Legal Responsibilities of Sponsors of

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Aliens (Presidential Memo). See https://
www.whitehouse.gov/presidentialactions/memorandum-enforcing-legalresponsibilities-sponsors-aliens. The
Presidential Memo states that a ‘‘key
priority of [the] Administration is
restoring the rule of law by ensuring
that existing immigration laws are
enforced’’ and emphasized that
sponsors who pledge to financially
support sponsored aliens are expected
to fulfill their commitment under the
law.
As part of this revision, and in
furtherance of the Presidential Memo,
USCIS has made changes to better
inform sponsors and household
members of their support obligations
and better ensure the support
obligations, as agreed to by completing
and signing the Form I–864, Form I–
864EZ, or Form I–864A, will be met.
Changes to the Form I–864 and Form
I–864EZ include collection of bank
account information from sponsors,
information about previously submitted
Affidavits, and optional submission of a
credit report as evidence. Language
throughout the forms was modified to
ensure greater clarity regarding the
sponsor’s obligations. USCIS also added
additional language under the
‘Sponsor’s Certification’ section of the
forms further outlining the sponsor’s
obligations and the consequences of
submitting Form I–864 and Form I–
864EZ.
Changes to Form I–864A include
collection of bank account information
from household members and optional
submission of a credit report as
evidence. USCIS also added additional
language under the ‘Sponsor’s
Certification’ section, plus the
‘Household Member’s Contract,
Statement, and Certification’ section of
the form further outlining the sponsor’s
and household member’s obligations
and the consequences of submitting
Form I–864A. USCIS further added a
separate interpreter and preparer section
for the sponsor on Form I–864A.
USCIS will now also require that
Form I–864, Form I–864EZ, and Form I–
864A be notarized prior to submission
to the agency.
USCIS has made changes to the
Instructions for Form I–864, Form I–
864EZ, and Form I–864A adding
language to more thoroughly explain the
purpose of the forms, the sponsor’s and
household member’s obligations as a
result of the forms being accepted by
USCIS as sufficient and the support
obligations taking effect, and the
consequences if the support obligations
are not met. The requirements regarding
which children immigrating based on
adoption need to submit a Form I–864

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executed on their behalf is now outlined
in greater detail; which of these children
can have a sponsor execute a Form I–
864EZ on their behalf is also outlined in
greater detail. USCIS also added a
section to list and explain the eligibility
requirements for being a sponsor.
Language explaining the age limitations
for spousal relationships involving a
minor was also added.
The regulations governing the
Affidavit are provided in 8 CFR 213a
and will not be changed by this form
change.
Comments
The information collection notice was
previously published in the Federal
Register on October 15, 2019, at 84 FR
55167, allowing for a 60-day public
comment period. USCIS did receive five
comment(s) in connection with the 60day notice.
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2007–0029 in the search box.
The comments submitted to USCIS via
this method are visible to the Office of
Management and Budget, and comply
with the requirements of 5 CFR
1320.12(c). All submissions will be
posted, without change, to the Federal
eRulemaking Portal at http://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to
consider limiting the amount of
personal information that you provide
in any voluntary submission you make
to DHS. DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and

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(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Affidavit of Support Under Section
213A of the Act, Form I–864; Contract
Between Sponsor and Household
Member, Form I–864A; Affidavit of
Support Under Section 213 of the Act,
I–864EZ.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–864;
Form I–864EZ; Form I–864A; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: USCIS uses the data
collected on Form I–864 to determine
whether the sponsor has the means to
support the sponsored alien under
section 213A of the INA (8 U.S.C.
1183a) and for administrative purposes
that better ensure the sponsor will meet
the support obligations as agreed to by
execution of the Form I–864 (including,
but not limited to, reimbursing public
benefit agencies for means-tested public
benefits received by the sponsored
immigrant while the support obligation
was in effect). This form standardizes
evaluation of whether the individual
executing the Affidavit of Support meets
the definition of a sponsor, can
demonstrate the means to maintain
income at the required income
threshold, and otherwise meets the
requirements of section 213A of the INA
(8 U.S.C. 1183a), and ensures that basic
information required to assess eligibility
is provided by sponsors.
Form I–864A is a contract between
the sponsor and the sponsor’s
household members. It is only used if
the sponsor intends to use the income
of his or her household members to
reach the required 125 percent of the
Federal poverty guidelines income
threshold (or 100 percent when
applicable). The contract holds these
household members jointly and
severally liable for the support of the
sponsored immigrant(s) specified on the
Form I–864A. USCIS uses the data
collected on Form I–864A in
conjunction with a Form I–864, to
determine whether the sponsor can
demonstrate the means to maintain

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income at the required income
threshold under section 213A of the
Immigration and Nationality Act, when
the sponsor’s income is combined with
the household member(s)’ income and
for administrative purposes that better
ensure the household member will meet
the support obligations as agreed to by
the household member in the Form I–
864A (including, but not limited to,
reimbursing public benefit agencies for
means-tested public benefits received by
the sponsored immigrant while the
support obligation was still in effect).
USCIS uses Form I–864EZ in exactly
the same way as Form I–864; however,
USCIS collects less information from the
sponsors as the Form I–864EZ is a
shorter version of Form I–864, designed
for execution by sponsors that meet
certain criteria.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection Form I–864 is 446,313 and
the estimated hour burden per response
is 6.5 hours; the estimated total number
of respondents for the information
collection Form I–864A is 42,892 and
the estimated hour burden per response
is 2.25 hours; the estimated total
number of respondents for the
information collection Form I–864EZ is
114,860 and the estimated hour burden
per response is 3 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 3,342,122 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is
$137,487,385.
Dated: April 6, 2020.
Samantha L Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2020–07543 Filed 4–9–20; 8:45 am]
BILLING CODE 9111–97–P

PO 00000

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7027–N–09]

60-Day Notice of Proposed Information
Collection: Manufactured Home
Construction and Safety Standards Act
Park Model RV Exemption Notice: OMB
Control No. 2502–0616
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.

AGENCY:

ACTION:

Notice.

HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.

SUMMARY:

DATES:

Comments Due Date: June 9,

2020.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at [email protected] for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.

SUPPLEMENTARY INFORMATION:

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