1653-0042_Supporting Statement

Supporting Statement A

Obligor Change of Address

(Form I-333)

OMB No. 1653 - 0042

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.

8 U.S.C. 1226(a) and 8 U.S.C. 1229(c)(b)(3) provide for the posting of bonds in order to assure either timely voluntary departure from the United States or to secure assurances that the individual, for whom the bond was posted, appears at all court appearances and when required by the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE). The individual or entity posting the bond is the obligor. The information collected on ICE Form I-333 is necessary for ICE to provide immigration bond obligors a standardized method to notify ICE of address updates. Upon receipt of the completed form, records will be updated to ensure accurate service of correspondence between ICE and the obligor.

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 data collected on this form is used by ICE to ensure accuracy in correspondence between ICE and the obligor. The form serves the purpose of standardizing obligor notification of any changes in their address, and will facilitate communication with the obligor.

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 form provides the most efficient means for collecting and processing the required data. In this case ICE does not employ the use of information technology in processing information. Currently, ICE does not have the automated capability in place to accept electronic submission of this application. The form is available for download at http://www.ice.gov/forms.

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.

There are no similar information collections currently available which can be used for this purpose.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), 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.

Sections 236 and 240B of the Immigration and Nationality Act (INA) and 8 CFR Section 103.6 provide for the acceptance and maintenance of bonds in certain cases. The failure to provide better mechanisms for improved bond management through updated obligor address information would be contrary to the spirit of service to the public.

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.

The special circumstances contained in item 7 are not applicable to this information collection.

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 February 17, 2022, ICE published a notice in the Federal Register at 87 FR 8079, soliciting public review and comment for a 60-day period. ICE received one comment. On April 22, 2022, a follow up 30-day notice was published in the Federal Register at 87 FR 24190 with instructions that any comments should be sent directly to the Office of Management and Budget.

Comment ICEB-2019-0007-0004 (https://www.regulations.gov/comment/ICEB-2019-0007-0004) submitted by John Flanagan

Summary of Comment: I'm an attorney in private practice who has advised numerous bonded individuals and obligors. In light of ERO's reduced operations during COVID-19 and its overall slow processing of bond-related matters, ICE should develop an online form to process changes of address like USCIS does for AR-11's.

ICE Response: Thank you for providing the suggested revision. At this time ICE does not have the capability of accepting the submission of an I-333 application electronically. ICE is currently working to develop systems which will automate the cash bond process, to include submission of I-333s electronically.

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

ICE does not provide payments or 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.

The use and potential sharing of information in this collection is covered by the Bond Management Information System of Records. Notice of this system of records was published in the Federal Register on February 15, 2011 at 76 FR 8761.

The associated Privacy Impact Assessment (PIA) for this collection is DHS/ICE/PIA-005 Bond Management Information System (BMIS).

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 that 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 FY 2021:

a. Number of Respondents: 1,552

b. Number of Responses per each Respondent: 1

c. Total Annual Responses: 1,552

d. Hours per Response: 0.25 Hours (15 minutes)

e. Total Annual Reporting Burden: 388

The projected hours per response for this collection of information were derived by first breaking the process into three basic components:

Learning about the Law and the Form: 5 Minutes

Completion of the Form: 5 Minutes

Assembling and Filing the Form: 5 Minutes

Total Hours per Response: 15 Minutes

Annual Reporting Burden

Total annual reporting burden hours is 388. This figure was derived by multiplying the number of respondents (1,552) x frequency of response (1) x (0.25) hours (15 minutes) per response.

Annual Cost Burden

The estimated annual cost burden is $8,380. This estimate is based on the number of annual respondents (1552) x number of annual responses (1) x hours per response (0.25) x average hourly loaded wage for unskilled labor and manufacturing workers (21.60). This figure was chosen as it is assumed that many obligors are employed or seeking employment in these categories.

The hourly wage rate for unskilled labor is represented by the national average of state minimum wage rates, 9.77. See Minimum Wage Laws in the States, January 1, 2022 https://www.dol.gov/agencies/whd/mw-consolidated). The fully loaded wage rate, $14.14, is calculated using the percentage of wages and salaries to total compensation, found in Bureau of Labor Statistics, Employer Costs for Employee Compensation, September 2021, Table 1: Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Civilian workers, by major occupational and industry group, All workers,

https://www.bls.gov/news.release/archives/ecec_12162021.htm)

Wages and salaries are 69.1 percent of total compensation. ($14.14 = $9.77 / 0.691).

The hourly wage rate for manufacturing labor is represented by the average hourly wage for production occupations, $20.08. See All Production Occupations, Occupation Code 51-0000, May 2020 (published March 31st, 2021) National Occupational Employment and Wage Estimates United States, https://www.bls.gov/news.release/archives/ecec_12162021.htm).

The fully loaded wage rate is calculated using the percentage of wages and salaries to total compensation for all workers as referenced above, 69.1 percent. 20.08/0.691=29.06

The average of the hourly loaded wage rate for unskilled labor and manufacturing is $21.60 (($14.14 + $29.06) / 2).

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 capital or start-up 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: $1,164

b. Collecting and Processing: $4,981

c. Total Annual Cost to Government $6,145

Government Cost

The estimated cost of the program to the Government is calculated by the estimated number of respondents (1552) filing the Obligor Change of Address, multiplied by 10 minutes (estimated time required to collect and process) by $19.26 (fully loaded average hourly wage rate for a government employee) plus the cost of printing each form ($0.75 x 1552)

The fully loaded average hourly wage rate for the Government employee to collect and process the form is based on the average wage rate for an Enforcement Removal Assistant, General Schedule (GS) Grade 5, Step 5, Job Series 0300 and a Deportation Officer, General Schedule Grade 5, Step 5, Job Series 1801, as both are equally likely to perform this job. This work is performed at any field office across the country, so a national average locality payment is applied to these wages.

The national average locality payment in the U.S. is 16.20 percent¹. The GS Grade 5, Step 5 annual wage² plus national locality is $40,055 ($34,470 x (1 + 16.20 percent)) and average hourly wage is $19.26 ($44,977 / 2,080 hours worked per year).

The printing cost is based on a cost estimate of $0.75 printing each form (1552 x $0.75=$1,164).

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

The number of forms received annually has been updated to 1,552.

The collection revision is to use non-citizen in place of alien in the body of the form.

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 collection of information.

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.

1 Based on ”Rest of US” locality rate: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/RUS.pdf.

2 2021 General Schedule Salary Tables, Annual Rates by Grade and Step. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2021/GS.pdf.