Certification and Release of Records (Form EOIR-59)

Forms and Documents

Document Name	Status
Form 1125-0017 Certification and Release of Records Form and Instruction	Modified
28 CFR 16.41 (up to date as of 11-24-2023).pdf Supplementary Document	2023-11-28
SUPPORTING STATEMENT-EOIR Form-59 Cert Release -signed-11-28-23.pdf Supporting Statement A	2023-11-28
FR Notice 30day.pdf Supplementary Document	2023-11-22
FR Notice 60day.pdf Supplementary Document	2023-11-22

IC Document Collections

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

ICR Details

OMB Control No: 1125-0017	ICR Reference No: 202308-1125-001
Status: Received in OIRA	Previous ICR Reference No: 202007-1125-002
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-59
Title: Certification and Release of Records (Form EOIR-59)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/06/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/29/2024
Responses	55,475	50,596
Time Burden (Hours)	9,246	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 optionally and voluntarily disclose or release their records to an attorney, accredited representative, qualified organization, or other third party.

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Authorizing Statute(s): US Code: 5 USC 552a Name of Law: The Privacy Act of 1974
  

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 61615	09/07/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 81434	11/22/2023
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
Certification and Release of Records	1125-0017	Certification and Release of Records

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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	55,475	50,596	0	0	4,879	0
Annual Time Burden (Hours)	9,246	0	0	0	9,246	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: The increase in burden occurred due to an increase in the average number of annual responses received since the information collection was last approved. The increase in annual time burden is due to the fact that the information collection previously approved was the initial approval; the agency relied on best estimates for the time it would take for an individual to complete the form because the form was not yet in use by the agency. The time burden increase is also due to the fact that this revision of the information collection adds additional information collection fields for the individual to complete.

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Annual Cost to Federal Government: $588,534

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:  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: 12/06/2023

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