[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83509-83510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23858]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2024-0028]


Agency Information Collection Activities: Office of the 
Immigration Detention Ombudsman (OIDO) Intake Form, DHS Form 405, OMB 
Control No. 1601-0030

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-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 December 16, 
2024. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: You may submit comments, identified by docket number Docket 
# DHS-2024-0028, at:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket # DHS-2024-0028. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security's (DHS) 
Office of the Immigration Detention Ombudsman (OIDO) is an independent 
office tasked with resolving individual complaints from or about 
individuals in immigration detention regarding the potential violation 
of immigration detention standards or other potential misconduct. OIDO 
was established by Congress (sec. 106 of the Consolidated 
Appropriations Act, 2020, Pub. L. 116-93).
    DHS Form 405--``Case Intake Form'' is intended for use by 
individuals wishing to submit a complaint to OIDO. Information 
collected will provide the office with details about the allegations 
the submitter seeks to have OIDO address. DHS is revising the 
information collection to refine several questions in Form 405 and to 
include an additional form, ``Privacy Waiver Authorizing Disclosure to 
a Third Party''. Information collected on the ``Privacy Waiver 
Authorizing Disclosure to a Third Party'' will allow OIDO to disclose 
permitted information to a third party, such as the detained 
individual's relatives and/or representatives.
    The information collected on Form 405--``Case Intake Form'' allows 
OIDO to identify: (1) the individual submitting the complaint and their 
contact information; (2) the detained individual who is the subject of 
the complaint; (3) the government-owned or contracted facility where 
the individual is or was detained and for how long; and (4) relevant 
details about the complaint. All of this information will be used by 
OIDO to investigate, resolve, and if appropriate, provide redress.
    Based on usability testing recommendations, DHS is revising Form 
405. The form will be shortened by reducing extraneous sections, such 
as Question 12a (Category), Question 12b

[[Page 83510]]

(Sub-Category), and Question 16. Please see the Narrative of Changes 
Table, a supplementary document, noting the revisions.
    OIDO will use the additional form, ``Privacy Waiver Authorizing 
Disclosure to a Third Party'', to obtain the detained individual's 
authorization to disclose permitted information and/or records about 
that individual to a third party. Information collected on the 
``Privacy Waiver Authorizing Disclosure to a Third Party'' will allow 
OIDO to disclose permitted information to a third party, such as the 
detained individual's relatives and/or representatives.
    The use of DHS Form 405--``Case Intake Form'' is the most efficient 
means for collecting and processing the required data. The form is 
available for download from the OIDO website. The PDF form can be 
completed online and submitted to OIDO by email or mail. Additionally, 
DHS Form 405--``Case Intake Form'' can be submitted electronically via 
the myOIDO portal (https://myoido.dhs.gov/en-US/).
    After approval of the ``Privacy Waiver Authorizing Disclosure to a 
Third-Party'' form, an electronic version will be developed so that 
submitters may complete and file it via the OIDO website. Additionally, 
the form will be available for download from the OIDO website. The PDF 
form will be able to be completed online, printed out, and submitted to 
OIDO by email or mail or handed in person at a detention facility.
    This information collection does not have an impact on small 
businesses or other small entities. If this information is not 
collected, OIDO will not be able to accomplish its Congressional 
mandate to provide assistance to individuals who may be affected by 
misconduct, excessive force, or other violations of law or detention 
standards. DHS will conduct this collection in a manner consistent with 
the general information collection guidelines in 5 CFR 1320.5(d)(2). 
The assurance of confidentiality provided to the respondents for this 
information collection is based on the Privacy Impact Assessment for 
the Immigration Detention Ombudsman Case Management System (IDCMS) 
(June 21, 2021). Additionally, the information collected is covered by 
DHS/ALL-020 Department of Homeland Security Internal Affairs, April 28, 
2014, 79 FR 23361 and DHS/ALL-025 Law Enforcement Authority in Support 
of the Protection of Property Owned, Occupied, or Secured by the 
Department of Homeland Security System of Records, June 14, 2017, 82 FR 
27274.
    This information collection was constructed in compliance with 
regulations and authorities under the purview of the DHS Privacy 
Office, DHS OCIO, DHS Records Management, and OMB regulations regarding 
data collection, use, sharing, storage, information security, and 
retrieval of information.
    The addition of the ``Privacy Waiver Authorizing Disclosure to a 
Third Party'' form and the removal of several questions from OIDO 
``Case Intake Form'' resulted in a change in the collection burden.
    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: Office of the Immigration and Detention Ombudsman (OIDO) 
Intake Form.
    OMB Number: 1601-0030.
    Frequency: Annually.
    Affected Public: Individuals in Immigration Detention.
    Number of Respondents: 5,436.
    Estimated Time per Respondent: 1 hour.
    Total Burden Hours: 5,436.

Robert Porter Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2024-23858 Filed 10-15-24; 8:45 am]
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