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)

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.

[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]


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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.

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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