Federal Register - August 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices Affected Public: State, Local and Tribal Government.
Number of Respondents: 3,000.
Estimated Time per Respondent: 1
Hour.
Total Burden Hours: 3,000.
Robert Dorr, Executive Director, Business Management Directorate.
FR Doc. 202118059 Filed 82021; 8:45 am BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Docket Number DHS20210027
Agency Information Collection Activities: DHS Civil Rights and Civil Liberties Complaint and Privacy Waiver Form Department of Homeland Security DHS.
ACTION: 30-Day notice and request for comments.
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.
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 www.reginfo.gov/public/do/
PRAMain. Find this specific information collection by selecting Currently under 30-day ReviewOpen 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.
2000ee1, CRCL reviews and assesses allegations involving a range of alleged civil rights and civil liberties abuses, such as:
Discrimination based on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, or disability;
Violation of rights while in immigration detention or as subject of immigration enforcement;
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Discrimination or inappropriate questioning related to entry into the United States;
Violation of due process rights, such as the right to timely notice of charges or access to lawyer;
Violation of confidentiality provisions of the Violence Against Women Act;
Physical abuse or any other type of abuse;
Denial of meaningful access to DHS
or DHS-supported programs, activities, or services due to limited English proficiency and 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. 105220, 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 agencys 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
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are within CRCLs 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 CRCLs 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: CRCLs statute under 6 U.S.C. 345, 42 U.S.C. 2000ee1; the Privacy Impact Assessment for the CRCL Complaint Form and Privacy Waiver; and the Systems of Record Notice: Department of Homeland Security/ALL029 Civil Rights and Civil Liberties Records
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