Abstract: Issued by the Office of
Refugee Resettlement (ORR) within the HHS Administration for
Children and Families, certification letters grant adult foreign
victims of human trafficking access to federal and state benefits
and services to the same extent as refugees. In general, ORR
initiates the certification process when it receives a notice from
DHS that DHS has granted a foreign victim of trafficking CP or T
nonimmigrant status, or has determined an application for T
nonimmigrant status is bona fide. To issue certification letters,
it is necessary for ORR to collect information from a victim's
representative, such as an attorney, case manager, or law
enforcement victim specialist, including an address to send the
letter. In line with other ORR Anti-Trafficking in Persons Program
activities, ORR may ask if the victim is in need of a service
provider and the current location (city, state) of the victim, and
refer the victim to an appropriate service provider in his or her
area, if requested. ORR will also ask about the victim's language
and urgent concerns, such as medical care or housing, and transmit
this information to the service provider. Finally ORR collects
information, such as the victim's sex and the type of human
trafficking the victim experienced, to provide to Congress in an
annual report on U.S. Government activities to combat trafficking
that is prepared by the U.S. Department of Justice.
The Administration for
Children (ACF), Office on Trafficking in Persons (OTIP) requests
the use of emergency processing procedures in accordance with 5 CFR
Section 1320.13 to reinstate the information collection under OMB
control number 0970-0454, Trafficking Victims Tracking System. The
information collection was discontinued to allow for enough time to
reconcile the revised instrument with internal department concerns
and program needs without violating the Paperwork Reduction Act by
allowing the collection to expire without proper notification to
the Office of Management and Budget. The Department of Health and
Human Services has been in discussion with the Department of
Homeland Security regarding the possible transfer of this program
to them. OTIP would like to avoid delaying or disrupting the
issuance of HHS Certification letters to victims of human
trafficking during the normal OMB clearance process. The
information collection will allow ACF to issue HHS Certification
letters to foreign national, adult victims of human trafficking who
have received Continued Presence or T nonimmigrant status from the
Department of Homeland Security or made a bonafide T visa
application that has not been denied. Specifically, the information
collection allows OTIP to obtain geographic and biographical
information from trafficking victims or their representatives to
process and issue an HHS Certification letter, making the
trafficking victims eligible for state and federal benefits to the
same extent as a refugee. ACF cannot reasonably comply with the
normal clearance procedures because the use of normal clearance
procedures is reasonably likely to prevent the collection of needed
information in a timely manner. Complying with the normal clearance
procedures would delay or disrupt OTIP’s ability to issue HHS
Certification letters, while we pursue a revision of the
instrument. The information collection is essential to the mission
of the agency and statutory requirements under the Trafficking
Victims Protection Act, 22 U.S.C. 7105(b)(1)(E). ACF requests
approval of reinstatement of the information collection by June 22,
2018. Please contact me for any additional information at
202-401-9372, or at katherine.chon@acf.hhs.gov. Sincerely,
Katherine Chon Director, Office on Trafficking in Persons
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:
(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;
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.