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 C.F.R. Part 42, provide for the collection of data and information from recipients (see 28 C.F.R. 42.406).
DHS uses DHS Form 3095: DHS Civil Rights Evaluation Tool as the primary tool to implement this information collection. The purpose of the information collection is to advise recipients of their civil rights obligations; 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 to ensure the recipient is in compliance and will carry out its programs and activities in a nondiscriminatory manner.
US Code:
29 USC 794
Name of Law: Section 504 of the Rehabilitation Act of 1973
US Code:
42 USC 6101
Name of Law: Age Discrimination Act of 1975
US Code:
20 USC 1681
Name of Law: Title IX of the Education Amendments of 1972
US Code:
42 USC 2000d-1
Name of Law: Civil Rights Act of 1964
DHS is seeking a revision of the form for another three-year period. DHS is proposing changes to Section 1 of the form on Instructions to extend the deadline for initial submissions from 30 days of receipt of the Notice of Award to 60 days; to update the method of submission from email to an online portal; and to make other minor clarifying revisions. DHS also proposes minor changes to Section 2 of the form on Organization Information to remove the fields for reporting Grant Agreement Number and Federal Award Identification Number as DHS now obtains that information from Department data sources. DHS also proposes minor changes to Section 5 of the form on Additional Information to streamline communication with recipients by providing a single, centralized point of contact for questions and technical assistance. Lastly, DHS is changing the name of the collection from ââDHS Civil Rights Compliance Formââ to ââDHS Civil Rights Evaluation Tool.ââ
The changes to Section 1, 2, and 5 do not impact the burden analysis. The changes in burden in Items 12 and 14 reflect the increase in the number of entities that are required to respond to the collection (as a result of increased Department grantmaking) increase in hourly wage rates as reported by BLS in the 2022 National Occupational Employment and Wage Estimates, increase in hourly wage rates for Federal staff as reported by Office of Personnel Management for 2023, increases in the number of staff supporting the program, and development of an online portal to streamline and modernize the submission process.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form DHS Form 3095 Civil Rights Evaluation Tool
6 CFR Part 19 (up to date as of 6-10-2024).pdf
1601-0024_DHS Civil Rights Evaluation Tool SS Pt. A 6.18.24.docx
DHS Civil Rights Evaluation Tool