30 DAY DHS FRN Civil Rights

30DayDHS Civil Rights Evaluation Tool 1601-0024, DHS Form 3095.pdf

DHS Civil Rights Compliance Form

30 DAY DHS FRN Civil Rights

OMB: 1601-0024

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12492

Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices

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: Department of Homeland
Security (DHS).
Title: COVID–19 Contact Tracing.
OMB Number: 1601–0027.
Frequency: Annually.
Affected Public: Affected Public.
Number of Respondents: 500.
Estimated Time per Respondent: 1.
Total Burden Hours: 167.
Robert Dorr,
Executive Director, Business Management
Directorate.
[FR Doc. 2021–04320 Filed 3–2–21; 8:45 am]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2020–0047]

Agency Information Collection
Activities: DHS Civil Rights Evaluation
Tool 1601–0024, DHS Form 3095
Department of Homeland
Security, (DHS)
ACTION: 30-Day notice and request for
comments; extension without change of
a currently approved collection, 1601–
0024.
AGENCY:

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.

SUMMARY:

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

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DATES:

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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–

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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

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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices
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

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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., nonprofit 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

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12493

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]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2001–11120]

Extension of Agency Information
Collection Activity Under OMB Review:
Imposition and Collection of
Passenger Civil Aviation Security
Service Fees
Transportation Security
Administration, DHS.
ACTION: 30–day notice.
AGENCY:

This notice announces that
the Transportation Security
Administration (TSA) has forwarded the
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0001,
abstracted below to OMB for review and
approval of an extension of the
currently approved collection under the

SUMMARY:

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