Agency Information Collection Activities: DHS Civil Rights Evaluation Tool 1601-0024, DHS Form 3095, 12492-12493 [2021-04361]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Pages 12492-12493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04361]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2020-0047]


Agency Information Collection Activities: DHS Civil Rights 
Evaluation Tool 1601-0024, DHS Form 3095

AGENCY: Department of Homeland Security, (DHS)

ACTION: 30-Day notice and request for comments; extension without 
change of a currently approved collection, 1601-0024.

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SUMMARY: The Department of Homeland Security, 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, November 
19, 2020 at 85 FR 73731 for a 60-day public comment period. No comment 
was 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 April 2, 
2021. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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.

SUPPLEMENTARY INFORMATION: Recipients of federal financial assistance 
from the Department of Homeland Security (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 the 
Department of Homeland Security do not deny benefits or services, or 
otherwise discriminate on the basis of race, color, national origin, 
disability, age, sex, or religion, 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, which 
prohibit discrimination on the grounds of race, color, or national 
origin by recipients of Federal financial assistance. Title VI, through 
its prohibition against discrimination on the basis of national origin, 
requires recipients to take reasonable steps to provide meaningful 
access to persons who are limited English proficient (LEP). See 
Guidance to Federal Financial Assistance Recipients Regarding Title VI 
Prohibition Against National Origin Discrimination Affecting Limited 
English Proficient Persons, 76 FR 21755-21768 (April 18, 2011).
     Section 504 of the Rehabilitation Act of 1973 (Section 
504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 
794, which prohibits discrimination on the basis of disability by 
recipients of Federal financial assistance.
     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, which prohibits discrimination on 
the basis of sex in education program and activities received Federal 
financial assistance.
     Age Discrimination Act of 1975, Public Law 94-135, 42 
U.S.C. Section 6101 et seq., and the Department implementing regulation 
at 44 CFR part 7, which prohibits discrimination on the basis of age by 
recipients of Federal financial assistance.
     U.S. Department of Homeland Security regulation 6 CFR part 
19, which prohibits organizations that receive financial assistance 
from DHS for a social service program from discriminating against 
beneficiaries on the basis of religion or religious belief, a refusal 
to hold a religious belief, or a refusal to attend or participate in a 
religious practice.
    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 uses DHS Form 3095: DHS Civil Rights Evaluation Tool as the 
primary tool to implement this information collection. DHS is seeking 
an extension of the form for another three-year period. DHS is not 
proposing any changes to the information collected in the form but is 
proposing changes to Section 1 of the form on instructions to 
streamline the process for submitting the completed form.
    DHS uses the form to collect civil rights related information from 
all recipients of federal financial assistance from the Department. 
Recipients are

[[Page 12493]]

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 subrecipients, 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 are required to provide the information 30 days from 
acceptance of award. Recipient of multiple awards of DHS financial 
assistance only submit one completed form for their organization, not 
per award. Recipient are required to complete the form once every two 
years if they have an active award, 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.
    The purpose of the information collection is to advise recipients 
of their civil rights obligations 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 able to meet its 
civil rights requirements and will carry out its programs and 
activities in a nondiscriminatory manner.
    Over the past three years, DHS has used the information collected 
via the DHS Civil Rights Evaluation Tool to identify gaps and 
deficiencies in recipient programs and directly help recipients address 
these gaps and deficiencies by providing technical assistance on 
developing or improving policies and procedures to prevent 
discrimination and ensure accessibility.
    DHS requires 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 further minimizes administrative burden. DHS allows 
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.
    DHS is pursuing further streamlining of the submission process 
through development of an online portal that would allow recipients to 
submit the data directly in a fully electronic form and eliminate the 
need for recipients to email the form and supporting documents as 
attachments.
    The information collection will impact some small entities (e.g., 
non-profit service providers, local fire departments, etc.), however as 
described in response to Question 2, recipients will only be required 
to provide this information once every two years, not every time a 
grant is awarded. Additionally, in responding to Section 4: Required 
Information, 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. This will dramatically reduce the 
administrative burden on recipients after the initial submission. 
Additionally, DHS will further minimize burden on recipients by making 
available sample policies and procedures to assist recipients in 
completing Section 4 of the Form, and providing technical assistance 
directly to the recipient as needed.
    In accordance with the authorities identified in Question 1, the 
Department is required to obtain a signed assurance of compliance from 
recipients and to ensure that its federally assisted programs and 
activities are administered in a nondiscriminatory manner. If the 
information collection is not conducted or is conducted less 
frequently, the Department will not be able to fulfill its obligations 
to ascertain recipient compliance and enforce nondiscrimination in 
recipient programs. This could lead to the award of federal financial 
assistance to recipients that are not complying with federal civil 
rights law, and the perpetuation of discrimination in the provision of 
benefits and services to members of the public.
    There are no confidentiality assurances associated with this 
collection. The only privacy-sensitive information the form collects 
are the names of Point of Contacts (POCs) from recipient organizations. 
Coverage for the collection of this information is provided under a 
Department Privacy Impact Assessment, DHS/ALL/PIA-006 General Contacts 
List.
    DHS is seeking an extension of the form for another three-year 
period. DHS is not proposing any changes to the information collected 
in the form but is proposing changes to Section 1 of the form on 
instructions to streamline the process for submitting the completed 
form. The changes to Section 1 do not impact the burden analysis. The 
changes in costs in Item 14 reflect increased hourly rates for Federal 
staff as reported by Office of Personnel Management for 2020, as well 
as an increase in the number of staff participating in the review 
process. Despite these increases, because the number of recipients 
subject to the collection has decreased from the previous reporting 
period, the total costs reported in Item 13 and 14 have also decreased.

Analysis

    Agency: Department of Homeland Security, (DHS).
    Title: DHS Civil Rights Evaluation Tool.
    OMB Number: 1601-0024.
    Frequency: On Occasion.
    Affected Public: State, Local and Tribal Government.
    Number of Respondents: 2929.
    Estimated Time per Respondent: 1 Hour.
    Total Burden Hours: 11716.

Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2021-04361 Filed 3-2-21; 8:45 am]
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