Agency Information Collection Activities: DHS Individual Complaint of Employment Discrimination, 42131-42132 [2011-17936]

Download as PDF Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices Analysis Agency: Department of Homeland Security. Title: BioWatch Filter Holder Log. OMB Number: 1601–0006. Frequency: Daily. Affected Public: State, Local, and Tribal Governments. Number of Respondents: 522. Estimated Time per Respondent: 0.0167 hours (1 minute). Total Burden Hours: 3173 hours. Richard Spires, Chief Information Officer. [FR Doc. 2011–17933 Filed 7–15–11; 8:45 am] BILLING CODE 4410–9B–P DEPARTMENT OF HOMELAND SECURITY Agency Information Collection Activities: DHS Individual Complaint of Employment Discrimination Department of Homeland Security. ACTION: 30-Day Notice and request for comments; Extension without Change. AGENCY: The Department of Homeland Security, Office for Civil Rights and Civil Liberties, DHS 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 (Pub. L. 104–13, 44 U.S.C. Chapter 35). DHS previously published this information collection request (ICR) in the Federal Register on May 2, 2011 at 76 FR 24503 for a 60day public comment period. No comments were received by DHS. The purpose of this notice is to allow additional 30-days for public comments. DATES: Comments are encouraged and will be accepted until August 17, 2011. This process is conducted in accordance with 5 CFR 1320.10. 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 oira_submission@omb.eop.gov or faxed to (202) 395–5806. 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; srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 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; 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. FOR FURTHER INFORMATION CONTACT: If additional information is required contact: The Department of Homeland Security (DHS), Attn: Denise Moore, denise.moore@dhs.gov, 202–254–8230. SUPPLEMENTARY INFORMATION: It is the policy of the Government of the United States to provide equal opportunity in employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national origin, age, disability, protected genetic information, sexual orientation, or status as a parent, and to promote the full realization of equal employment opportunity (EEO) through a continuing affirmative program in each agency. Persons who claim to have been subjected to these types of discrimination, or to retaliation for opposing these types of discrimination or for participating in any stage of administrative or judicial proceedings relating to them, can seek a remedy under Title VII of the Civil Rights Act (Title VII) (42 U.S.C. 2000e et seq.) (race, color, religion, sex, national origin), the Age Discrimination in Employment Act (ADEA) (29 U.S.C. 621 et seq.) (age), the Equal Pay Act (29 U.S.C. 206(d)) (sex), the Rehabilitation Act (29 U.S.C. 791 et seq.) (disability), the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff et seq.) (genetic information), and Executive Order 11478 (as amended by Executive Orders 13087 and 13152) (sexual orientation or status as a parent). The Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL) adjudicates discrimination complaints filed by current and former DHS employees, as well as applicants for employment to DHS. The complaint adjudication process for statutory rights is outlined in the Equal Employment Opportunity Commission (EEOC) regulations found at Title 29, Code of Federal Regulations Part 1614 and EEO Management Directive 110. For complaints regarding PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 42131 sexual orientation or status as a parent, DHS follows the same procedures as for statutory rights, to the extent permitted by law. The recordkeeping provisions are designed to ensure that a current employee, former employee, or applicant for employment claiming to be aggrieved or that person’s attorney provide a signed statement that is sufficiently precise to identify the aggrieved individual and the agency and to describe generally the action(s) or practice(s) that form the basis of the complaint. The complaint must also contain a telephone number and address where the complainant or the representative can be contacted. The complaint form is used for original allegations of discrimination but also for amendments to underlying complaints of discrimination. The form also determines whether the person is willing to participate in mediation or other available types of alternative dispute resolution (ADR) to resolve their complaint; Congress has enacted legislation to encourage the use of ADR in the federal sector and the form ensures that such an option is considered at this preliminary stage of the EEO complaint process. A complainant may access the complaint form on the agency web site and may submit a completed complaint form electronically to the relevant Component’s EEO Office. The complaint form can then be directly uploaded into the DHS EEO Enterprise Complaints Tracking System, also known as ‘‘iComplaints.’’ There is no change or adjustment to the burden associated with the collection of information associated with the DHS complaint form. DHS is proposing to make one change to the DHS compliant form. This change is the need to add a new checkbox that says ‘‘pregnancy’’ under and slightly intended from the existing checkbox that says ‘‘sex’’ on the form. Pregnancy discrimination is a form of sex discrimination, which is covered under Title VII. So this information is already included in data gathered in EEO complaints; adding the separate check box just more clearly identifies a subcategory. This form modification is in accordance with new instructions from EEOC—requiring all government agencies to specifically identify this type of information on our complaint forms. Analysis Agency: Department of Homeland Security, DHS. Title: DHS Individual Complaint of Employment Discrimination. E:\FR\FM\18JYN1.SGM 18JYN1 42132 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices OMB Number: 1610–0001. Frequency: Annually. Affected Public: Federal Government. Number of Respondents: 1200. Estimated Time per Respondent: 0.5 hours (30 minutes). Total Burden Hours: 600 hours. Total Burden Cost (capital/startup): $0.00. Total Burden Cost (operating/ maintaining): $30,246.00. Richard Spires, Chief Information Officer. [FR Doc. 2011–17936 Filed 7–15–11; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Agency Information Collection Activities: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes Department of Homeland Security. ACTION: 60-Day Notice and request for comments; Revision of a currently approved collection. AGENCY: The Department of Homeland Security, Office of the Secretary, 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 (Pub. L. 104–13, 44 U.S.C. Chapter 35). DATES: Comments are encouraged and will be accepted until September 16, 2011. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Written comments and questions about this Information Collection Request should be forwarded to Office of the Secretary, DHS Attn.: Steve Kozar Steven.Kozar@hq.dhs.gov, (202) 447–3368. SUPPLEMENTARY INFORMATION: The REAL ID Act of 2005 (the Act) prohibits Federal agencies from accepting stateissued drivers’ licenses or identification cards for any official purpose—defined by the Act and regulations as boarding commercial aircraft, accessing Federal facilities, or entering nuclear power plants—unless the license or card is issued by a state that meets the requirements set forth in the Act. Title II of Division B of Public Law 109–13, codified at 49 U.S.C. 30301 note. The REAL ID regulations, which DHS issued in January 2008, establish the minimum srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 standards that states must meet to comply with the Act. See 73 FR 5272, also 6 CFR part 37 (Jan. 29, 2008). These include requirements for presentation and verification of documents to establish identity and lawful status, standards for document issuance and security, and physical security requirements for driver’s license production facilities. For a state to achieve full compliance, the Department of Homeland Security (DHS) must make a final determination on or before January 15, 2013, that the state has met the requirements contained in the regulations and is compliant with the Act. The regulations include new information reporting and record keeping requirements for states seeking a full compliance determination by DHS. As discussed in more detail below, states seeking DHS’s full compliance determination must certify that they are meeting certain standards in the issuance of driver’s licenses and identification cards and submit security plans covering physical security of document production and storage facilities as well as security of personally identifiable information. 6 CFR 37.55(a). States also must conduct background checks and training for employees involved in the document production and issuance processes and retain and store applicant photographs and other source documents. 6 CFR 37.31 and 37.45. States must recertify compliance with REAL ID every three years on a rolling basis as determined by the Secretary of Homeland Security. 6 CFR 37.55. Certification Process Generally— Section 202(a)(2) of the REAL ID Act requires the Secretary to determine whether a state is meeting its requirements, ‘‘based on certifications made by the State to the Secretary.’’ To assist DHS in making a final compliance determination, 37.55 of the rule requires the submission of the following materials: (1) A certification by the highest level Executive official in the state overseeing the DMV that the state has implemented a program for issuing driver’s licenses and identification cards in compliance with the REAL ID Act. (2) A letter from the Attorney General of the state confirming the state has the legal authority to impose requirements necessary to meet the standards. (3) A description of a state’s exceptions process to accept alternate documents to establish identity and lawful status and wavier process used when conducting background checks for individuals involved in the document production process. (4) The state’s security plan. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Additionally, after a final compliance determination by DHS, states must recertify compliance every three years on a rolling basis as determined by DHS. 6 CFR 37.55(b). State REAL ID programs will be subject to DHS review to determine whether the state meets the requirements for compliance. States must cooperate with DHS’s compliance review and provide any reasonable information requested by DHS relevant to determining compliance. Under the rule, DHS may inspect sites associated with the enrollment of applicants and the production, manufacture, personalization, and issuance of driver’s licenses or identification cards. DHS also may conduct interviews of employees and contractors involved in the document issuance, verification, and production processes. 6 CFR 37.59(a). Following a review of a state’s certification package, DHS may make a preliminary determination that the State needs to take corrective actions to achieve full compliance. In such cases, a state may have to respond to DHS and explain the actions it took or plans to take to correct any deficiencies cited in the preliminary determination or alternatively, detail why the DHS preliminary determination is incorrect. 6 CFR 37.59(b). Security plans—In order for states to be in compliance with the Act, they must ensure the security of production facilities and materials and conduct background checks and fraudulent document training for employees involved in document issuance and production. REAL ID Act section 202(d)(7)–(9). The Act also requires compliant licenses and identification cards to include features to prevent tampering, counterfeiting, or duplication. REAL ID Act section 202(b). To document compliance with these requirements the regulations require states to prepare a security plan and submit it as part of their certification package. 6 CFR 37.41. At a minimum, the security plan must address steps the state is taking to ensure: • The physical security of production materials and storage and production facilities; • Security of personally identifiable information maintained at DMVs including a privacy policy and standards and procedures for document retention and destruction; • Document security features including a description of the use of biometrics and the technical standards used; • Facility access control including credentialing and background checks; E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42131-42132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17936]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY


Agency Information Collection Activities: DHS Individual 
Complaint of Employment Discrimination

AGENCY: Department of Homeland Security.

ACTION: 30-Day Notice and request for comments; Extension without 
Change.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security, Office for Civil Rights 
and Civil Liberties, DHS 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 (Pub. L. 104-13, 44 U.S.C. Chapter 35). DHS previously 
published this information collection request (ICR) in the Federal 
Register on May 2, 2011 at 76 FR 24503 for a 60-day public comment 
period. No comments were received by DHS. The purpose of this notice is 
to allow additional 30-days for public comments.

DATES: Comments are encouraged and will be accepted until August 17, 
2011. This process is conducted in accordance with 5 CFR 1320.10.

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 oira_submission@omb.eop.gov or faxed to (202) 
395-5806. 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;
    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.

FOR FURTHER INFORMATION CONTACT: If additional information is required 
contact: The Department of Homeland Security (DHS), Attn: Denise Moore, 
denise.moore@dhs.gov, 202-254-8230.

SUPPLEMENTARY INFORMATION: It is the policy of the Government of the 
United States to provide equal opportunity in employment for all 
persons, to prohibit discrimination in employment because of race, 
color, religion, sex, national origin, age, disability, protected 
genetic information, sexual orientation, or status as a parent, and to 
promote the full realization of equal employment opportunity (EEO) 
through a continuing affirmative program in each agency.
    Persons who claim to have been subjected to these types of 
discrimination, or to retaliation for opposing these types of 
discrimination or for participating in any stage of administrative or 
judicial proceedings relating to them, can seek a remedy under Title 
VII of the Civil Rights Act (Title VII) (42 U.S.C. 2000e et seq.) 
(race, color, religion, sex, national origin), the Age Discrimination 
in Employment Act (ADEA) (29 U.S.C. 621 et seq.) (age), the Equal Pay 
Act (29 U.S.C. 206(d)) (sex), the Rehabilitation Act (29 U.S.C. 791 et 
seq.) (disability), the Genetic Information Nondiscrimination Act 
(GINA) (42 U.S.C. 2000ff et seq.) (genetic information), and Executive 
Order 11478 (as amended by Executive Orders 13087 and 13152) (sexual 
orientation or status as a parent).
    The Department of Homeland Security (DHS), Office for Civil Rights 
and Civil Liberties (CRCL) adjudicates discrimination complaints filed 
by current and former DHS employees, as well as applicants for 
employment to DHS. The complaint adjudication process for statutory 
rights is outlined in the Equal Employment Opportunity Commission 
(EEOC) regulations found at Title 29, Code of Federal Regulations Part 
1614 and EEO Management Directive 110. For complaints regarding sexual 
orientation or status as a parent, DHS follows the same procedures as 
for statutory rights, to the extent permitted by law.
    The recordkeeping provisions are designed to ensure that a current 
employee, former employee, or applicant for employment claiming to be 
aggrieved or that person's attorney provide a signed statement that is 
sufficiently precise to identify the aggrieved individual and the 
agency and to describe generally the action(s) or practice(s) that form 
the basis of the complaint. The complaint must also contain a telephone 
number and address where the complainant or the representative can be 
contacted. The complaint form is used for original allegations of 
discrimination but also for amendments to underlying complaints of 
discrimination. The form also determines whether the person is willing 
to participate in mediation or other available types of alternative 
dispute resolution (ADR) to resolve their complaint; Congress has 
enacted legislation to encourage the use of ADR in the federal sector 
and the form ensures that such an option is considered at this 
preliminary stage of the EEO complaint process.
    A complainant may access the complaint form on the agency web site 
and may submit a completed complaint form electronically to the 
relevant Component's EEO Office. The complaint form can then be 
directly uploaded into the DHS EEO Enterprise Complaints Tracking 
System, also known as ``iComplaints.''
    There is no change or adjustment to the burden associated with the 
collection of information associated with the DHS complaint form.
    DHS is proposing to make one change to the DHS compliant form. This 
change is the need to add a new checkbox that says ``pregnancy'' under 
and slightly intended from the existing checkbox that says ``sex'' on 
the form. Pregnancy discrimination is a form of sex discrimination, 
which is covered under Title VII. So this information is already 
included in data gathered in EEO complaints; adding the separate check 
box just more clearly identifies a sub-category. This form modification 
is in accordance with new instructions from EEOC--requiring all 
government agencies to specifically identify this type of information 
on our complaint forms.

Analysis

    Agency: Department of Homeland Security, DHS.
    Title: DHS Individual Complaint of Employment Discrimination.

[[Page 42132]]

    OMB Number: 1610-0001.
    Frequency: Annually.
    Affected Public: Federal Government.
    Number of Respondents: 1200.
    Estimated Time per Respondent: 0.5 hours (30 minutes).
    Total Burden Hours: 600 hours.
    Total Burden Cost (capital/startup): $0.00.
    Total Burden Cost (operating/maintaining): $30,246.00.

Richard Spires,
Chief Information Officer.
[FR Doc. 2011-17936 Filed 7-15-11; 8:45 am]
BILLING CODE 9110-9B-P
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