Certification and Release of Records (Form EOIR-59)

Forms and Documents

Document Name	Status
Form 1125-xxxx Certification and Release of Records Form and Instruction	New
EOIR-59_Published 60-Day Notice_83 FR 43604.pdf Supplementary Document	2020-11-25
EOIR-59_Published 30-Day Notice_83 FR 61772.pdf Supplementary Document	2020-11-25
Legal Authority 28 CFR 1641.pdf Supplementary Document	2020-11-25
EOIR-59 60 day FR Notice.pdf Supplementary Document	2020-11-25
Form EOIR 59-Cert Release_DRAFT.pdf Supplementary Document	2020-11-25
EOIR-59 30 day FR Notice_updated 9.25.2020.pdf Supplementary Document	2020-11-25
Cover Letter to Melody Braswell_EOIR-59.pdf Supplementary Document	2020-11-25
83i EOIR-59 2020.pdf Supplementary Document	2020-11-25
SUPPORTING STATEMENT-EOIR Form-59 Cert Release.pdf Supporting Statement A	2020-11-25

IC Document Collections

IC ID	Document Title	Status
244631	Certification and Release of Records Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202007-1125-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOJ/EOIR	Agency Tracking No:
Title: Certification and Release of Records (Form EOIR-59)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  Yes
Type of Review Request: Regular	Date Submitted to OIRA: 11/25/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	50,596	0
Time Burden (Hours)	0	0
Cost Burden (Dollars)	0	0

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Abstract: This information collection is necessary to prevent unauthorized disclosure of records of individuals maintained by the Department of Justice, and allows parties who are, or were, in proceedings before EOIR to disclose or release their records to an attorney, accredited representative, qualified organization, or other third party.

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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:
	85 FR 43604	07/17/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 61772	09/30/2020
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
Certification and Release of Records	1125-xxxx	EOIR-59

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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	50,596	0	0	50,596	0	0
Annual Time Burden (Hours)	0	0	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: $155,958

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.     Yes

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.     Yes

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:  Yes

Description/Changes for Common Form Usage: 

Approved RCFs using this ICR

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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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: 11/25/2020

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