Designation Of Attorney In Fact

OMB Control No: 1653-0041	ICR Reference No: 202202-1653-003
Status: Received in OIRA	Previous ICR Reference No: 201808-1653-002
Agency/Subagency: DHS/USICE	Agency Tracking No: I-312 / I-312A
Title: Designation Of Attorney In Fact
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/26/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	198	700
Time Burden (Hours)	198	84
Cost Burden (Dollars)	6,410	20,300

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Abstract: The data collected on Form I-312 is used by ICE to ensure that an Obligor presents an official request for remittance of collateral security and/or accrued interest to a duly appointed Attorney In Fact for an Obligor when the Obligor chooses to invoke this option. The data collected on Form I-312A is used by ICE to ensure that an Obligor’s intent to expressly revoke a previously valid Attorney In Fact designation is properly documented.

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Authorizing Statute(s): US Code: 8 USC 1226 Name of Law: Immigration and Nationality    US Code: 8 USC 1229c Name of Law: Immigration and Nationality    US Code: 8 USC 1363 Name of Law: Immigration and Nationality    US Code: 8 USC 1103 Name of Law: Immigration and Nationality    US Code: 8 USC 1183 Name of Law: Immigration and Nationality

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:
	87 FR 8597	02/15/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 24326	04/25/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Designation of Attorney In Fact I-312 Designation of Attorney In Fact Revocation of Designation of Attorney In Fact I-312A Revocation of Designation of Attorney In Fact

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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	198	700	0	0	-502	0
Annual Time Burden (Hours)	198	84	0	0	114	0
Annual Cost Burden (Dollars)	6,410	20,300	0	0	-13,890	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: ICE Bond Information Management System (BMIS) has reported a decrease for the bond program from previous years due to complications surrounding the COVID-19 pandemic. Enforcement and Removal Operations (ERO) has noted fewer individuals being arrested/detained and for those being arrested, ERO is releasing them on Own Recognizance (OR). Also, there have been fewer demands sent, and fewer breaches.

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Annual Cost to Federal Government: $28,760

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

Agency Contact: Scott Elmore 202 732-2601 [email protected]

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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: 04/26/2022

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