Notice2021-17959
Agency Information Collection Activities: DHS Civil Rights and Civil Liberties Complaint and Privacy Waiver Form
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47133-47134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17959]
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DEPARTMENT OF HOMELAND SECURITY
[Docket Number DHS-2021-0027]
Agency Information Collection Activities: DHS Civil Rights and
Civil Liberties Complaint and Privacy Waiver Form
AGENCY: Department of Homeland Security (DHS).
ACTION: 30-Day notice and request for comments.
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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.
DATES: Comments are encouraged and will be accepted until September 22,
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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this specific
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
SUPPLEMENTARY INFORMATION: The U.S. Department of Homeland Security
(DHS), Office for Civil Rights and Civil Liberties (CRCL) reviews and
investigates civil rights and civil liberties complaints filed by the
public regarding U.S. Department of Homeland Security (DHS) policies
and activities. Under 6 U.S.C. 345 and 42 U.S.C. 2000ee-1, CRCL reviews
and assesses allegations involving a range of alleged civil rights and
civil liberties abuses, such as:
<bullet> Discrimination based on race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity, or disability;
<bullet> Violation of rights while in immigration detention or as
subject of immigration enforcement;
<bullet> Discrimination or inappropriate questioning related to
entry into the United States;
<bullet> Violation of due process rights, such as the right to
timely notice of charges or access to lawyer;
<bullet> Violation of confidentiality provisions of the Violence
Against Women Act;
<bullet> Physical abuse or any other type of abuse;
<bullet> Denial of meaningful access to DHS or DHS-supported
programs, activities, or services due to limited English proficiency
and
<bullet> Any other civil rights, civil liberties, or human rights
violation related to a Department program or activity, including
allegations of discrimination by an organization or program that
receives financial assistance from DHS.
CRCL also reviews and investigates human rights complaints under
Executive Order 13107, disability accommodation complaints under
Section 504 of the Rehabilitation Act of 1973, and inaccessible
Information and Communication Technology (ICT) complaints under Section
508 of the Rehabilitation Act, as amended by the Workforce Investment
Act of 1998 (Pub. L. 105-220), codified at 29 U.S.C. 794. The
information collected on this form will allow CRCL to review and
investigate civil rights and civil liberties complaints filed by the
public regarding DHS programs and activities.
CRCL submits copies all external allegations of civil rights and
civil liberties violations within its jurisdiction that it receives to
the DHS Office of Inspector General (OIG) for review because OIG has
the right of first refusal to investigate any allegations. If the OIG
declines to investigate the allegations, CRCL may investigate. CRCL
coordinates with DHS Components and the OIG regarding matters that CRCL
opens as complaint investigations as well as some it decides not to
investigate. In general, CRCL shares the incoming information with the
Components involved and coordinates with the Components throughout a
CRCL investigation. As a result of its complaint investigations, CRCL
issues recommendations to DHS Components to address issues of concern
and to enhance the agency's civil rights and civil liberties
protections. CRCL has also engaged with Components on the
implementation of such recommendations.
In addition, the information provided is entered into a CRCL
complaint management system (CMS) and may be used by CRCL to track
allegations and identify trends and systemic issues that are within
CRCL's jurisdiction regardless of whether CRCL investigates an
individual allegation. CRCL has used information from these database
records to notify DHS Components of issue areas and locations that may
warrant closer attention.
Information can be submitted to CRCL via U.S. mail, email, fax, or
telephone and may be initiated by members of the public, federal
agencies, or agency personnel, non-governmental organizations, media
reports or other sources. The use of the complaint form is optional.
The form is in a fillable accessible PDF format and can be
submitted by U.S. mail, email, or fax to CRCL. The use of this form
provides an efficient means for collecting and processing required data
and information useful to conduct an investigation. To minimize
administrative burden on complainants and the Department, submission of
information electronically, via email, is the fastest way to reach
CRCL. Information provided by complainants is maintained in electronic
format, so provided the information electronically will further
minimize administrative burden.
If a complainant is unable to or does not wish to submit their
information electronically, information can be submitted via U.S. mail,
fax, or phone call. It is noted on CRCL's website that postal mail can
take up to 20 business days. CRCL is about the launch a new CMS that
would support other means of submitting a complaint (e.g., web portal)
and these are enhancements that will be considered in the future.
This information collection does not have an impact on small
businesses or other small entities.
If the information collection is not conducted or is conducted less
frequently, CRCL may not be able to effectively fulfill its statutory
obligation to the public to review and investigate allegations
involving alleged civil rights and civil liberties abuses regarding DHS
polices and activities.
Consequences for not using the fillable form include overall delays
in processing and an increased frequency in need to follow up with
complainants to obtain the types of information requested on the form.
The assurance of confidentiality provided to the respondents for
this information collection will be provided by: CRCL's statute under 6
U.S.C. 345, 42 U.S.C. 2000ee-1; the Privacy Impact Assessment for the
CRCL Complaint Form and Privacy Waiver; and the Systems of Record
Notice: Department of Homeland Security/ALL-029 Civil Rights and Civil
Liberties Records
[[Page 47134]]
System of Records. This is a new information collection and, therefore,
there are no changes.
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.
Analysis
Agency: Department of Homeland Security (DHS).
Title: DHS Civil Rights and Civil Liberties Complaint and Privacy
Waiver Form.
OMB Number: 1600-NEW.
Frequency: On Occasion.
Affected Public: Members of the Public or non-government
organizations.
Number of Respondents: 692.
Estimated Time per Respondent: 1.
Total Burden Hours: 692.
Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2021-17959 Filed 8-20-21; 8:45 am]
BILLING CODE 9112-FL-P
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