[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47133-47134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.reginfo.gov/public/do/PRAMain. 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:
     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;
     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. 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