View Information Collection Request (ICR) Package

OMB Control No: 1651-0111	ICR Reference No: 201409-1651-002
Status: Historical Active	Previous ICR Reference No: 201404-1651-004
Agency/Subagency: DHS/USCBP	Agency Tracking No:
Title: Arrival and Departure Record
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 11/03/2014
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/03/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/03/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2015	6 Months From Approved	09/30/2017
Responses	32,466,522	0	32,466,522
Time Burden (Hours)	8,476,921	0	6,564,383
Cost Burden (Dollars)	286,535,046	0	286,535,046

Abstract: Recent public incidents have brought to the public eye a security threat to the United States. Although the United States does not currently have any credible information that the Islamic State in Iraq and the Levant (ISIL) or other Syria-based terrorist groups are planning imminent attacks against the United States, we do know that a significant number of foreign fighters have traveled to Syria over the past three years, including citizens from the United States and Europe. Many of these foreign fighters have joined ISIL's and other terrorist groups' ranks and there are significant concerns that these groups may use these fighters to conduct external attacks. These foreign fighters are likely to gain experience and training from the Syria-based groups and eventually may return to their own countries battle-hardened and further radicalized. Many of these fighters may possess valid European and U.S. passports or travel documents, and pose a potential threat for committing terrorist attacks in Europe or the United States. In response to the increasing concerns regarding foreign fighters, the Department of Homeland Security (DHS) is strengthening the security of the Visa Waiver Program (VWP) by adding data elements to the Electronic System for Travel Authorization (ESTA). These improvements are designed to address the immediate foreign fighter threat and to provide an additional layer of enduring security for the VWP and facilitate visa-free travel to the United States. No single data element by itself enhances ESTA enough to address the foreign fighter threat. It is the combined totality of existing information and the changes DHS/CBP is seeking approval to make that should help the U.S. government mitigate the foreign fighter threat, provide an additional layer of enduring security for the VWP, and facilitate lawful travel under the VWP. In order to be in a better position to disrupt the plans of foreign fighters to travel to the United States and carry out an attack with the expertise they may have built and developed abroad, DHS needs to know more about individuals who are seeking authorization to travel through the Visa Waiver Program. Passengers from visa waiver countries, traveling under the VWP by air or sea, are required to receive a travel authorization through the ESTA application prior to travel to the United States. DHS has determined that these proposed ESTA enhancements should improve the Department's ability to screen prospective VWP travelers while more accurately and effectively identifying those who pose a security risk to the United States. DHS also believes enhancements to ESTA should help the Department facilitate adjudication of ESTA applications. By requiring ESTA applicants to provide additional information prior to travel, DHS will enhance its ability to reduce the number of inconclusive matches that currently result in an ESTA denial, requiring the applicant to apply for a visa for travel to the United States. DHS continuously seeks to improve its ability to identify prospective travelers to the United States about whom derogatory information exists, but about whom there is currently insufficient information to identify them before they initiate an attack. Form I-94 (Arrival/Departure Record) and Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure) are used to document a traveler's admission into the United States. These forms include date of arrival, visa classification and the date the authorized stay expires. The forms are also used by business employers and other organizations to confirm legal status in the United States. The Electronic System for Travel Authorization (ESTA) applies to aliens traveling to the United States under the Visa Waiver Program (VWP) and requires that VWP travelers provide information electronically to CBP before embarking on travel to the United States.

Emergency Justfication: In response to the increasing concerns regarding foreign fighters, the Department of Homeland Security (DHS) is strengthening the security of the Visa Waiver Program (VWP) by adding data elements to the Electronic System for Travel Authorization (ESTA). These improvements are designed to address the immediate foreign fighter threat and to provide an additional layer of enduring security for the VWP and facilitate visa-free travel to the United States. No single data element by itself enhances ESTA enough to address the foreign fighter threat. It is the combined totality of existing information and the changes DHS/CBP is seeking approval to make that should help the U.S. government mitigate the foreign fighter threat, provide an additional layer of enduring security for the VWP, and facilitate lawful travel under the VWP. In order to be in a better position to disrupt the plans of foreign fighters to travel to the United States and carry out an attack with the expertise they may have built and developed abroad, DHS needs to know more about individuals who are seeking authorization to travel through the Visa Waiver Program. DHS requests emergency approval of this request because DHS is concerned that publishing the new data elements prior to implementation will allow persons who may be trying to cause harm to the United States may attempt to circumvent this increased ESTA security. DHS fears that those we are trying to prevent from entering the United States will apply for an ESTA prior to entering these new data elements in an attempt to evade detection and therefore gain entry into the United States.

Authorizing Statute(s): US Code: 8 USC 231 Name of Law: Immigration and Nationality Act
   PL: Pub.L. 111 - 145 9 Name of Law: Travel Promotion Act
   US Code: 8 USC 217 Name of Law: Immigration and Nationality Act
   PL: Pub.L. 110 - 53 711 Name of Law: 9/11 Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	32,466,522	32,466,522	0
Annual Time Burden (Hours)	8,476,921	6,564,383	1,912,538
Annual Cost Burden (Dollars)	286,535,046	286,535,046	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: CBP proposes to add data elements on Form I-94W and ESTA in order to increase the security of the Visa/Waiver program. As a result of adding new data elements, the time per response for ESTA was increased from 15 minutes to 20 minutes, and the time per response for the I-94W was increased from 8 minutes to 13 minutes. The burden hours were increased accordingly.

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

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? Uncollected

Agency Contact: Tracey Denning 202 927-0197

View ICR - OIRA Conclusion