81 FR 90372 - Agency Information Collection Activities: DHS Civil Rights Compliance Form
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 81, Issue 240 (December 14, 2016)
Federal Register Volume 81, Issue 240 (December 14, 2016)
| Page Range | 90372-90373 | |
| FR Document | 2016-30002 |
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)] [Notices] [Pages 90372-90373] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30002] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Agency Information Collection Activities: DHS Civil Rights Compliance Form AGENCY: Office for Civil Rights and Civil Liberties, DHS. ACTION: 30-Day notice and request for comments; new collection, 1601- NEW. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties, will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. DHS previously published this information collection request (ICR) in the Federal Register on Thursday, September 22, 2016 at 81 FR 65390 for a 60-day public comment period. Five comments were received by DHS. The purpose of this notice is to allow an additional 30 days for public comments. DATES: Comments are encouraged and will be accepted until January 13, 2017. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to OMB Desk Officer, Department of Homeland Security and sent via electronic mail to [email protected] or faxed to (202) 395-5806. SUPPLEMENTARY INFORMATION: Recipients of Federal financial assistance from DHS are required to meet certain legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from DHS do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin, disability, age, or sex, in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulation, 6 CFR part 21 and 44 CFR part 7; Section 504 of the Rehabilitation Act of 1973 (Sec. 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 6 CFR part 17, and 44 CFR part 19; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulation at 44 CFR part 7. The aforementioned civil rights authorities also prohibit retaliatory acts against individuals for participating or opposing discrimination in a complaint, investigation, or other proceeding related to prohibited discrimination. DHS has an obligation to enforce nondiscrimination requirements to ensure that its Federally-assisted programs and activities are administered in a nondiscriminatory manner. In order to carry out its enforcement responsibilities, DHS must obtain a signed assurance of compliance and collect and review information from recipients to ascertain their compliance with applicable requirements. DHS implementing regulations and the Department of Justice (DOJ) regulation Coordination of Non-discrimination in Federally Assisted Program, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). DHS has developed the DHS Civil Rights Compliance Form as the primary tool to implement this information collection. The purpose of the information collection is to advise recipients of their civil rights obligation; obtain an assurance of compliance from each recipient, and collect pertinent civil rights information to ascertain if the recipient has in place adequate policies and procedures to achieve compliance, and to determine what, if any, further action may be needed (technical assistance, training, compliance review, etc.) to ensure the recipient is in compliance and will carry out its programs and activities in a nondiscriminatory manner. DHS will make available sample policies and procedures to assist recipients in completing Section 4 of the Form, and providing technical assistance directly to recipients as needed. DHS will use the DHS Civil Rights Compliance Form to collect civil rights related information from all primary recipients of Federal financial assistance from the Department. Primary recipients are non- federal entities that receive Federal financial assistance in the form of a grant, cooperative agreement, or other type of financial assistance directly from the Department and not through another recipient or ``pass-through'' entity. This information collection does not apply to sub-recipients, Federal contractors (unless the contract includes the provision of financial assistance), nor the ultimate beneficiaries of services, financial aid, or other benefits from the Department. Recipients will be required to provide the information once every two years, not every time a grant is awarded. Entities whose award does not run a full two years are required to provide the information again if they receive a subsequent award more than two (2) years after the prior award. In responding to Section 4: Required Information, which contains the bulk of the information collection, if the recipient's responses have not changed in the two year period since their initial submission, the recipient does not need to resubmit the information. Instead, the recipient will indicate ``no change'' for each applicable item. DHS will require recipients to submit their completed forms and supporting information electronically, via email, to the Department, in an effort to minimize administrative burden on the recipient and the Department. DHS anticipates that records or files that will be used to respond to the information collection are already maintained in electronic format by the recipient, so providing the information electronically will further minimize administrative burden. DHS will allow recipients to scan and submit documents that are not already maintained electronically. If the recipient is unable to submit their information electronically, alternative arrangements will be made to submit responses in hard copy. There are no confidentiality assurances associated with this collection. The system of record notices associated with this information collection are: DHS/ALL-029--Civil Rights and Civil Liberties Records, (July 8, 2010, 75 FR 39266) and DHS/ALL-016-- Department of Homeland Security Correspondence Records, (November 10, 2008, 73 FR 66657). This is a new information collection. The Office of Management and Budget is particularly interested in comments which: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; [[Page 90373]] 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Analysis Agency: Office for Civil Rights and Civil Liberties, DHS. Title: Agency Information Collection Activities: DHS Civil Rights Compliance Form. OMB Number: 1601-NEW. Frequency: Bi-annually. Affected Public: Private and Public Sector. Number of Respondents: 2220. Estimated Time Per Respondent: 4 hours. Total Burden Hours: 8,880 hours. Dated: December 8, 2016. Carlene C. Ileto, Executive Director, Enterprise Business Management Office. [FR Doc. 2016-30002 Filed 12-13-16; 8:45 am] BILLING CODE 9110-9B-P
![90372 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices
DATED: December 9, 2016. 1973 (Sec. 504), Public Law 93–112, as through’’ entity. This information
amended by Public Law 93–516, 29 collection does not apply to sub-
R. Gil Kerlikowske,
U.S.C. 794; Title IX of the Education recipients, Federal contractors (unless
Commissioner. Amendments of 1972 (Title IX), 20 the contract includes the provision of
[FR Doc. 2016–30057 Filed 12–13–16; 8:45 am] U.S.C. 1681 et seq., and the financial assistance), nor the ultimate
BILLING CODE 9111–14–P Department’s implementing regulations, beneficiaries of services, financial aid,
6 CFR part 17, and 44 CFR part 19; Age or other benefits from the Department.
Discrimination Act of 1975, Public Law Recipients will be required to provide
DEPARTMENT OF HOMELAND 94–135, 42 U.S.C. 6101 et seq., and the the information once every two years,
SECURITY Department implementing regulation at not every time a grant is awarded.
44 CFR part 7. The aforementioned civil Entities whose award does not run a full
Agency Information Collection
rights authorities also prohibit two years are required to provide the
Activities: DHS Civil Rights retaliatory acts against individuals for
Compliance Form information again if they receive a
participating or opposing discrimination subsequent award more than two (2)
AGENCY: Office for Civil Rights and Civil in a complaint, investigation, or other years after the prior award. In
Liberties, DHS. proceeding related to prohibited responding to Section 4: Required
ACTION: 30-Day notice and request for discrimination. Information, which contains the bulk of
comments; new collection, 1601–NEW. DHS has an obligation to enforce the information collection, if the
nondiscrimination requirements to recipient’s responses have not changed
SUMMARY: The Department of Homeland ensure that its Federally-assisted in the two year period since their initial
Security (DHS), Office for Civil Rights programs and activities are submission, the recipient does not need
and Civil Liberties, will submit the administered in a nondiscriminatory to resubmit the information. Instead, the
following Information Collection manner. In order to carry out its recipient will indicate ‘‘no change’’ for
Request (ICR) to the Office of enforcement responsibilities, DHS must each applicable item. DHS will require
Management and Budget (OMB) for obtain a signed assurance of compliance recipients to submit their completed
review and clearance in accordance and collect and review information from forms and supporting information
with the Paperwork Reduction Act of recipients to ascertain their compliance electronically, via email, to the
1995. DHS previously published this with applicable requirements. DHS Department, in an effort to minimize
information collection request (ICR) in implementing regulations and the administrative burden on the recipient
the Federal Register on Thursday, Department of Justice (DOJ) regulation and the Department. DHS anticipates
September 22, 2016 at 81 FR 65390 for Coordination of Non-discrimination in that records or files that will be used to
a 60-day public comment period. Five Federally Assisted Program, 28 CFR part respond to the information collection
comments were received by DHS. The 42, provide for the collection of data are already maintained in electronic
purpose of this notice is to allow an and information from recipients (see 28 format by the recipient, so providing the
additional 30 days for public comments. CFR 42.406). information electronically will further
DATES: Comments are encouraged and
DHS has developed the DHS Civil
minimize administrative burden. DHS
will be accepted until January 13, 2017. Rights Compliance Form as the primary
will allow recipients to scan and submit
This process is conducted in accordance tool to implement this information
documents that are not already
with 5 CFR 1320.1. collection. The purpose of the
maintained electronically. If the
information collection is to advise
ADDRESSES: Interested persons are recipient is unable to submit their
recipients of their civil rights obligation;
invited to submit written comments on information electronically, alternative
obtain an assurance of compliance from
the proposed information collection to each recipient, and collect pertinent arrangements will be made to submit
the Office of Information and Regulatory civil rights information to ascertain if responses in hard copy.
Affairs, Office of Management and the recipient has in place adequate There are no confidentiality
Budget. Comments should be addressed policies and procedures to achieve assurances associated with this
to OMB Desk Officer, Department of compliance, and to determine what, if collection. The system of record notices
Homeland Security and sent via any, further action may be needed associated with this information
electronic mail to oira_submission@ (technical assistance, training, collection are: DHS/ALL–029—Civil
omb.eop.gov or faxed to (202) 395–5806. compliance review, etc.) to ensure the Rights and Civil Liberties Records, (July
SUPPLEMENTARY INFORMATION: Recipients recipient is in compliance and will 8, 2010, 75 FR 39266) and DHS/ALL–
of Federal financial assistance from DHS carry out its programs and activities in 016—Department of Homeland Security
are required to meet certain legal a nondiscriminatory manner. DHS will Correspondence Records, (November 10,
requirements relating to make available sample policies and 2008, 73 FR 66657).
nondiscrimination and procedures to assist recipients in This is a new information collection.
nondiscriminatory use of Federal funds. completing Section 4 of the Form, and The Office of Management and Budget
Those requirements include ensuring providing technical assistance directly is particularly interested in comments
that entities receiving Federal financial to recipients as needed. which:
assistance from DHS do not deny DHS will use the DHS Civil Rights 1. Evaluate whether the proposed
benefits or services, or otherwise Compliance Form to collect civil rights collection of information is necessary
discriminate on the basis of race, color, related information from all primary for the proper performance of the
national origin, disability, age, or sex, in recipients of Federal financial assistance functions of the agency, including
sradovich on DSK3GMQ082PROD with NOTICES
accordance with the following from the Department. Primary recipients whether the information will have
authorities: Title VI of the Civil Rights are non-federal entities that receive practical utility;
Act of 1964 (Title VI) Public Law 88– Federal financial assistance in the form 2. Evaluate the accuracy of the
352, 42 U.S.C. 2000d–1 et seq., and the of a grant, cooperative agreement, or agency’s estimate of the burden of the
Department’s implementing regulation, other type of financial assistance proposed collection of information,
6 CFR part 21 and 44 CFR part 7; directly from the Department and not including the validity of the
Section 504 of the Rehabilitation Act of through another recipient or ‘‘pass- methodology and assumptions used;
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![Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices 90373
3. Enhance the quality, utility, and L’Enfant Plaza East SW., Room P3214, interested parties on FHA’s
clarity of the information to be Washington, DC 20024–8000; telephone announcement that it was considering
collected; and number 202–708–1515 (this is not a toll- shifting the timeframe for FHA’s review
4. Minimize the burden of the free number). Persons with hearing or of loans prior to endorsement from pre-
collection of information on those who speech impairments may access this closing to post-closing. The notice
are to respond, including through the number through TTY by calling the toll- specifically sought feedback on whether
use of appropriate automated, free Federal Relay Service at 800–877– the proposed change in review time
electronic, mechanical, or other 8339. would benefit the lender by reducing
technological collection techniques or SUPPLEMENTARY INFORMATION: the amount of time between loan
other forms of information technology, origination and closing, and would
e.g., permitting electronic submissions I. Background result in operational savings of time and
of responses. FHA grants lenders unconditional costs associated with approval
Direct Endorsement authority to close timeframes, which FHA recognizes can
Analysis be lengthy at times. The notice also
loans without prior FHA approval in
Agency: Office for Civil Rights and accordance with the terms and sought feedback on whether the
Civil Liberties, DHS. conditions of HUD’s regulations in 24 proposed change in review time would
Title: Agency Information Collection CFR 203.3. Under the Direct benefit the borrower; that is, would the
Activities: DHS Civil Rights Compliance Endorsement program, the lender borrower be able to take advantage of
Form. underwrites and closes the mortgage shorter interest rate lock-in periods,
OMB Number: 1601–NEW. loan without prior FHA review or which could help to ensure that the
Frequency: Bi-annually. approval. Before being granted borrower receives the best interest rate
Affected Public: Private and Public unconditional Direct Endorsement available at the lowest possible cost to
Sector. authority, the lender must submit a the borrower.
Number of Respondents: 2220. specified number of loan files for review As provided in the March 21, 2013,
Estimated Time Per Respondent: 4 and approval by FHA as described in 24 notice, HUD submitted that the
hours. CFR 203.3(b)(4). The regulations proposed change in review time should
Total Burden Hours: 8,880 hours. provide for the review of each loan file not alter the current quality of review of
Dated: December 8, 2016. to be conducted by FHA, and the lender the loan file or the quality of the Direct
Carlene C. Ileto, to be notified of the acceptability of the Endorsement lender approval process.
Executive Director, Enterprise Business mortgage, prior to FHA endorsement of The notice advised that FHA guidance
Management Office. the mortgage for insurance. The Direct issued in accordance with 24 CFR
[FR Doc. 2016–30002 Filed 12–13–16; 8:45 am] Endorsement program has been 203.3(b)(2), already requires the lender
designed to give the lender sufficient to certify that their underwriter(s) have
BILLING CODE 9110–9B–P
certainty of FHA endorsement the qualifications, expertise, and
requirements to justify the assumption experience to underwrite mortgage
of the responsibilities involved in loans in accordance with FHA
DEPARTMENT OF HOUSING AND requirements. The notice provided that
URBAN DEVELOPMENT originating and closing mortgage loans
without prior FHA review. given the certification required of
[Docket No. FR–5658–N–02] Currently, FHA generally conducts lenders, the shift in the timeframe for
this review of the loan files required review may in fact result in enhanced
Federal Housing Administration (FHA): under 24 CFR 203.3(b)(4) prior to lender accountability; that is, the lender
Direct Endorsement Program closing and, if acceptable, issues a will place more emphasis on ensuring
Timeframe for Conducting Pre- commitment to the lender at that time. that their underwriting staff is
Endorsement Review After closing, the mortgage is then sufficiently trained prior to requesting
submitted to FHA for endorsement for Direct Endorsement authority. The
AGENCY: Office of the Assistant notice further provided that properly
Secretary for Housing—Federal Housing insurance. While this is the general
procedure utilized by lenders seeking trained underwriters will help to
Commissioner, HUD. increase the number of loans that are
ACTION: Notice. unconditional Direct Endorsement
approval, FHA currently allows lenders found to be acceptable, resulting in an
SUMMARY: Through this document FHA to close the loans before submission for even higher percentage of loan files that
review. A lender is eligible for meet FHA policies and guidelines.
advises that it is shifting the timeframe
The March 21, 2013, notice also
for FHA’s review of loans prior to unconditional Direct Endorsement
advised that HUD had analyzed data for
endorsement from pre-closing to post- authority once FHA has reviewed and
mortgage loans that were submitted for
closing. A lender applying for found acceptable the requisite number review during the period beginning
unconditional Direct Endorsement of loan files, at either pre-closing or pre- October 1, 2009 through June 30, 2012,
authority will therefore submit required endorsement review, provided that the and the data demonstrated that 86.7
loan files, required in accordance with lender has met the other requirements percent of all loans reviewed during this
HUD regulations, only after closing. for Direct Endorsement approval under time period, and 90.5 percent of all
After determining that the mortgage is 24 CFR 203.3. loans reviewed year to date in FY 2012,
acceptable and meets all FHA were found to meet FHA policies and
II. Solicitation of Comment on
requirements, FHA will notify the
sradovich on DSK3GMQ082PROD with NOTICES
Timeframe Pre-Endorsement Review guidelines and were subsequently
lender that the loan has been endorsed. endorsed. The notice further advised
DATES: Effective Date: January 13, 2017. A. March 2013 Notice Soliciting that the lenders entering the Direct
FOR FURTHER INFORMATION CONTACT: Joy Comment Endorsement review process during the
Hadley, Director, Office of Lender On March 21, 2013, at 78 FR 17303, October 1, 2009 through June 30, 2012
Activities and Program Compliance, HUD published in the Federal Register timeframe, 48.6 percent did not receive
Office of Housing, U.S. Department of a notice that solicited comment from an unacceptable rating on any loan
Housing and Urban Development, 490 FHA-approved lenders and other submitted for review, while 28 percent
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Document Created: 2016-12-14 00:48:39
Document Modified: 2016-12-14 00:48:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 30-Day notice and request for comments; new collection, 1601- NEW. | |
| Dates | Comments are encouraged and will be accepted until January 13, 2017. This process is conducted in accordance with 5 CFR 1320.1. | |
| FR Citation | 81 FR 90372 |
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