Supporting Statement-eoir 62.1.24.2021

SUPPORTING STATEMENT
Volunteer Waiver for Gratuitous Services
(Form EOIR-62)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information – This information collection is necessary to accept
gratuitous services rendered for the Executive Office for Immigration Review (EOIR), in
compliance with the Anti-Deficiency Act (“ADA”). 31 U.S.C. §1342; 5 U.S.C. § 3111.
Generally, the government may not accept voluntary services, except when (1) voluntary
services are authorized by law; (2) emergency services are required; or (3) services are
gratuitous. 31 U.S.C. §1342. Gratuitous services require a written of waiver of future
compensation. The waiver must (1) be executed before the individual starts rendering
performance and (2) the waiver must expressly mention that the individual waives any
future pay claims against the government and that the services are being offered without
the expectation of payment. See generally Department of Treasury - Acceptance of
Voluntary Services, Comp. Gen. Dec. B-324214 (Jan. 27, 2014). EOIR has developed the
Form EOIR-62 to serve as the template written waiver of compensation to be used for
gratuitous services rendered.
EOIR is dedicated to pursuing greater efficiency and fairness in proceedings before
immigration courts. EOIR is implementing programs that focus on this mission, such as
the Friend of the Court (FOC) program. The FOC would allow individuals or
organizations to participate in an immigration court proceeding to assist pro se noncitizens appearing in immigration court and to facilitate the flow of information in the
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courtroom. Such services further EOIR’s core mission of ensuring due process and fair
adjudication of those in immigration proceedings. Therefore, in accordance with the
Anti-deficiency Act, this information collection is required to obtain a written waiver of
compensation for such
gratuitous services.
The individual component that has a need to use the form to accept gratuitous services
will be responsible for collecting and retaining the Form EOIR-62. For example, EOIR’s
Legal Access Program staff will collect the form either directly from the individual or
from the immigration court where an individual intends to render gratuitous services
under the FOC program. Approval of this collection will ensure EOIR remains compliant
with the ADA by allowing it to obtain signed written waivers in advance of services
being rendered. 31 U.S.C. §1342.
2. Needs and Uses - The volunteer waiver for gratuitous services form (Form EOIR-62)
is required for those individuals performing gratuitous services for EOIR. 31 U.S.C.
§1342.
3. Use of Technology - The use of this form will provide the most efficient means for
collecting and processing the required data. The Form EOIR-62 will be available as a
fillable pdf on EOIR’s website. Information can be typed into the online form, which is
then printed out for submission to EOIR in person or by electronic or physical mail,
where appropriate. In addition, an applicant may print the form in its entirety for
completion by typing or printing legibly.
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4. Efforts to Identify Duplication – There is no EOIR or DOJ form that waives
compensation for gratuitous services rendered. A review of EOIR’s and DOJ’s forms
revealed no duplication, and there is no other similar information currently available that
can be used for this purpose.

5. Impact on Small Businesses - This collection does not have an impact on small
businesses or other small entities because while a written waiver is required for EOIR
accept gratuitous services, the option to render the services is optional and voluntary.
EOIR estimates that it will take approximately five (5) minutes to complete the form and
produce the requested documents.
6. Consequences of Less Frequent Collection – Failure to collect this information would
prevent EOIR from obtaining written waivers necessary to accept gratuitous services in
compliance with the Anti-deficiency Act.
7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.
8. Federal Register Publication and Consultation – A 60-day notice covering this
collection was published in the Federal Register on November 23, 2021 at 86 Fed. Reg.
66592. A 30-day notice covering this collection will be published in the Federal
Register. Copies of these notices are attached. No comments were received pursuant to
the 60-day notice. If comments are received pursuant to the 30-day notice, they will be
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considered and incorporated where appropriate.
9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to
respondents, other than remuneration of contractors or grantees.
10. Assurance of Confidentiality – The individual component offices within EOIR will
process and maintain the forms EOIR-62. EOIR staff members processing the form may
access the Form EOIR-62. EOIR intends to post a publically accessible roster of
individuals who have current valid EOIR-62s on file with the Agency for particular
programs, such as the FOC, in order for the individual providers and the immigration
court staff to easily confirm the provider’s status in advance of the provision and receipt
of gratuitous services. EOIR protects the confidentiality of the contents of the Form
EOIR-62, to the extent permitted by law, including the Privacy Act and the Freedom of
Information Act.
11. Justification for Sensitive Questions - There are no questions of a sensitive nature.
12. Estimate of Hour Burden
a. Number of Respondents

200

b. Number of Responses per Respondent

1 each

c. Total Annual Responses

200

d. Hours per Response

5 minutes or 0.12
hours

e. Total Annual Hourly Reporting Burden
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24 hours

200 respondents x 1 response per respondent x 0.12 hours per response = 24 burden
hours. It is estimated that the total time to review and complete the form is no more than
5 minutes.
13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. There are also no fees associated with filing this information
collection. The estimated public cost is a maximum of $1,464. This amount is reached by
multiplying $61.03 (the current median hourly wage for attorneys that is set by the
Bureau of Labor Statistics) by 24 (the total public burden hours). EOIR notes, however,
that this form will almost always be submitted by a practitioner, who is either an attorney
or other form of representative. As such, respondents are not likely to retain an attorney
to assist them in filling out the form.
For those individuals who proceed without a practitioner, there is an estimated cost of
$10 per hour for completing the form (the individuals’ time and supplies) in lieu of the
practitioner cost. This amount is not included as it is less than the estimated practitioner
cost and would not add to the maximum cost of $1,464.
14. Estimated Cost to the Federal Government – It is estimated that the annual
government cost for printing, distributing, stocking, processing and maintaining the Form
EOIR-62 will be $397.41. This amount includes printing costs of $20 which was derived
by multiplying the 1 page of the Form EOIR-62 by an estimated $.10 per copy by the
estimated 200 respondents per year. This amount also includes stocking, processing and

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maintenance costs of $288.10, which was derived by calculating the personnel and
overhead costs to EOIR for processing the form.
15. Plans for Publication – The information from this collection will be used internally to
identify those rendering gratuitous services for EOIR who have waived compensation for
their services. EOIR also intends to maintain a list of individuals who have a valid active
waiver in place to be publically available on its website for individuals and EOIR staff to
consult to ensure the individual has a waiver in place before providing gratuitous
services.
16. Exceptions to the Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Part B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

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PAPERWORK CERTIFICATION

In submitting this request for Office of Management and Budget (OMB) approval, I certify that
the requirements of the Privacy Act and OMB directives have been complied with, including
paperwork regulations, any applicable statistical standards or directives, and any other
information policy directives promulgated under 5 C.F.R. § 1320.

CHRISTINA
BAPTISTA

Digitally signed by
CHRISTINA BAPTISTA
Date: 2022.01.24
13:19:07 -05'00'

_____________________
Christina Baptista
Senior Counsel
Executive Office for Immigration Review

__________________
Date

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