Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 12489 

Government procurement, CBP applies the 

provisions of subpart B of Part 177 consistent 

with the Federal Procurement Regulations. 

See 19 CFR 177.21. In this regard, CBP 

recognizes that the Federal Acquisition 

Regulations restrict the U.S. Government’s 

purchase of products to U.S.-made or 

designated country end products for 

acquisitions subject to the TAA. See 48 CFR 

25.403(c)(1). The Federal Acquisition 

Regulations define ‘‘U.S.-made end product’’ 

as: 

. . . an article that is mined, produced, or 

manufactured in the United States or that is 

substantially transformed in the United 

States into a new and different article of 

commerce with a name, character, or use 

distinct from that of the article or articles 

from which it was transformed. 

The regulations define a ‘‘designated 

country end product’’ as: 

WTO GPA [World Trade Organization 

Government Procurement Agreement] 

country end product, an FTA [Free Trade 

Agreement] country end product, a least 

developed country end product, or a 

Caribbean Basin country end product. 

A ‘‘Free Trade Agreement country end 

product’’ means an article that— 

(1) Is wholly the growth, product, or 

manufacture of a Free Trade Agreement 

(FTA) country; or 

(2) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in an FTA country into a new and different 

article of commerce with a name, character, 

or use distinct from that of the article or 

articles from which it was transformed. The 

term refers to a product offered for purchase 

under a supply contract, but for purposes of 

calculating the value of the end product, 

includes services (except transportation 

services) incidental to the article, provided 

that the value of those incidental services 

does not exceed that of the article itself. 

‘‘Free Trade Agreement country’’ means 

Australia, Bahrain, Canada, Chile, Colombia, 

Costa Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic of), 

Mexico, Morocco, Nicaragua, Oman, Panama, 

Peru, or Singapore. See 48 CFR 25.003. Thus, 

Australia is an FTA country for purposes of 

the Federal Acquisition Regulations. 

CBP’s authority to issue advisory rulings 

and final determinations is set forth in 19 

U.S.C. 2515(b)(1), which states: 

For the purposes of this subchapter, the 

Secretary of the Treasury shall provide for 

the prompt issuance of advisory rulings and 

final determinations on whether, under 

section 2518(4)(B) of this title, an article is 

or would be a product of a foreign country 

or instrumentality designated pursuant to 

section 2511(b) of this title. 

Emphasis added. 

In this case, the transceiver contains five 

separate PCBAs. We are told that three of 

these are produced by the assembly of the 

various components onto the PCB in 

Australia, and two are similarly produced in 

the United States. CBP has consistently held 

that the assembly of various components 

onto a blank printed circuit board to produce 

a PCBA is a substantial transformation. See 

Headquarters Ruling Letter (HQ) H311447, 

dated September 10, 2020, citing HQ 735306, 

dated December 21, 1993 (‘‘. . . Customs has 

ruled that the complete assembly of all the 

components onto a printed circuit board was 

a substantial transformation of the printed 

circuit board . . . ’’), and HQ H302801, dated 

October 3, 2019 (‘‘The SMT [surface-mount 

technology] operations result in a new and 

different product with an overall use and 

function different than any one function of 

the individual components.’’). In this case, 

the three Australian-produced PCBAs and 

numerous other components from various 

countries are imported into the United States 

for assembly into the finished transceiver. 

The PCBAs for the control head board and 

the interface board, PCBAs which CBP 

considers to be dominant as they are within 

components which are essential to the 

functioning of the transceiver, are assembled 

in the United States. You state that the 

transceiver cannot function without the 

control head board. Further, the interface 

board allows the transceiver to connect to 

antennae and items such as, modems and 

audio devices. The interface board enables 

the micro board to function and interface 

with external items. 

We note the production includes the 

assembly in the United States of the 

dominant PBCAs related to the transceiver’s 

function, along with the assembly of all the 

remaining components of the transceiver to 

produce the finished good. While CBP does 

not recognize downloading of firmware or 

software to constitute a substantial 

transformation, we note that the conversion 

of the Australian software into executable 

code, which occurs in the United States, and 

programming of the transceiver boards is 

additional work to be considered in assessing 

the proper origin of the finished transceiver. 

See HQ H306349, dated November 26, 2019, 

(‘‘. . . CBP has consistently held that the 

downloading of software or firmware is not 

a substantial transformation.’’). 

Noting that CBP is limited by the language 

of 19 U.S.C. 2515(b)(1) to a determination of 

whether a good is a product of a foreign 

country or instrumentality designated 

pursuant to section 2511(b) of this title, based 

upon the information presented, the 

transceiver is not a product of Australia or 

any other foreign country or instrumentality 

designated pursuant to section 2511(b) of 

Title 19. As to whether the transceiver which 

is assembled in the United States qualifies as 

a ‘‘U.S.-made end product,’’ we encourage 

you to review the recent court decision in 

Acetris Health, LLC v. United States, 949 

F.3d 719 (Fed. Cir. 2020), and to consult with 

the relevant government procuring agency. 

Holding 

The transceiver at issue, the Barrett 4050 

HF SDR Transceiver, is not a product of 

Australia or any other foreign country or 

instrumentality designated pursuant to 

section 2511(b) of Title 19. 

You should consult with the relevant 

government procuring agency to determine 

whether the transceiver qualifies as a ‘‘U.S.- 

made end product’’ for purposes of the 

Federal Acquisition Regulations 

implementing the TAA. 

Notice of this final determination will be 

given in the Federal Register, as required by 

19 CFR 177.29. Any party-at-interest other 

than the party which requested this final 

determination may request pursuant to 19 

CFR 177.31 that CBP reexamine the matter 

anew and issue a new final determination. 

Pursuant to 19 CFR 177.30, any party-atinterest may, within 30 days of publication 

of the Federal Register Notice referenced 

above, seek judicial review of this final 

determination before the Court of 

International Trade. 

Sincerely, 

Joanne R. Stump 

Acting Executive Director Regulations and 

Rulings Office of Trade 

[FR Doc. 2021–04334 Filed 3–2–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket Number DHS–2021–0004] 

Agency Information Collection 

Activities: COVID–19 Contact Tracing, 

COVID–19 Contact Tracing Scripts, 

COVID–19 Contact Tracing Form 

AGENCY: Department of Homeland 

Security (DHS). 

ACTION: 30-Day notice and request for 

comments; extension without change of 

a currently approved Collection, DHS– 

2021–0004. 

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. DHS previously 

published this information collection 

request (ICR) in the Federal Register on 

Friday, January 15, 2021 for a 30-day 

public comment period. No comment 

was received by DHS. The purpose of 

this notice is to allow additional 30- 

days for public comments. 

DATES: The comment period for the 

information collection request 

published on January 15, 2021 at 86 FR 

4107 is extended. Comments are 

encouraged and will be accepted until 

April 2, 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 particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

SUPPLEMENTARY INFORMATION: COVID–19 

Contact Tracing information is 

necessary to support the President’s 


jbell on DSKJLSW7X2PROD with NOTICES
12490 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 

National Guidelines for all phases of 

Opening Up America Again. The Office 

of Management and Budget (OMB) M– 

20–23 Memorandum for Heads of 

Executive Department requires 

employers to develop and implement 

policies and procedures for workforce 

contact tracing following an employee’s 

COVID–19 positive test. The M–20–23 

Memorandum requires symptomatic 

Federal employees and contractors to 

follow their Agency’s process if they are 

symptomatic or test positive for COVID– 

19. It specifies that the agency processes 

should protect the anonymity and 

privacy of Federal employees and 

contractors, to the extent possible, while 

disclosing only the information 

necessary for agencies to take 

appropriate actions of notifying 

potentially affected employees and 

cleaning the facility. Additionally, per 

the Centers for Disease Control and 

Prevention guidance entitled Get and 

Keep America Open, COVID–19 Contact 

Tracing is essential to reduce the spread 

of COVID–19. Furthermore, in response 

to the Coronavirus Pandemic, public 

health leaders are calling for 

communities around the country to 

ramp up capacity and implement a 

massive contact tracing effort to control 

spread of the Coronavirus. The response 

and recovery from the effect of COVID– 

19 will continue to present Federal 

agencies with unprecedented 

challenges, as well as opportunities for 

improvement, that require new 

processes and practices such as COVID– 

19 Contact Tracing to keep the 

workforce and the public safe. As DHS 

plans to reconstitute the workforce, it is 

essential to have an internal DHS 

Contact Tracing Program that protects 

the workforce and our families by 

preventing further spread of COVID–19. 

Note: In the following responses the 

term employee is used to include 

federal employee, contractor, detailee, 

volunteer, and intern. 

Authority 

DHS is authorized to collect the 

information pursuant to Section 319 of 

the Public Health Service (PHS) Act (42 

U.S.C. 274d); DHS Chief Medical 

Officer’s authorities pursuant to 6 U.S.C. 

350 and 6 U.S.C. 597; 6 U.S.C. 464; 21 

U.S.C. 360bbb–3; 40 U.S.C. 1315; 42 

U.S.C. 97; American with Disabilities 

Act, including 42 U.S.C. 12112(d)(3), 29 

CFR 1630.2(r), 1630.14(b), (c) Workforce 

safety federal requirements, including 

the Occupational Safety and Health Act 

of 1970, Executive Order 12196, 5 

U.S.C. 7902; 29 U.S.C. Chapter 15 (e.g., 

29 U.S.C. 668), 29 CFR part 1904, 29 

CFR 1910.1020, and 29 CFR 1960.66. 

This is a new collection for the 

agency. The contract tracing process is 

triggered when an employee voluntarily 

self-reports to their supervisor that they 

are COVID–19 positive. The supervisor 

will provide the employee’s name and 

contact information to a DHS 

Supervisory Contact Tracer. The 

Supervisory Contact tracer will assign a 

Contact Tracer to contact and interview 

the COVID–19 positive employee and 

obtain a list of employees the COVID– 

19 positive employee was in close 

contact with, as well as locations in the 

DHS worksite that the COVID–19 

positive employee visited for 15 

minutes or more. The Contact Tracer 

will call the exposed employees to 

inform them that were exposed by a 

DHS COVID–19 positive employee so 

they can take appropriate precautions in 

minimizing exposure to other DHS 

personnel and speak with their 

supervisor to discuss their work status. 

The contact tracer will not disclose the 

name or any other personally 

identifiable information regarding the 

COVID–19 positive employee to the 

exposed employees. The contact tracer 

will inform the exposed employee to 

notify their supervisor, contracting 

company (contractors only), medical 

provider, and local public health 

authorities to get instructions. The 

purpose of contact tracing is to control 

the spread of COVID–19 in the 

workforce. 

The following information will be 

collected from the respondent: 

—Name (first and last) 

—COVID–19 lab test result 

—Component Name 

—Office address 

—Personal phone number (Mobile or 

Home) 

—Work phone number 

—Work email address 

—Where is your primary site of work 

(e.g., department, floor, field desk 

location) 

—Supervisor Name (First and Last) 

—Supervisor’s Phone Number 

—Supervisor’s Email 

—All activities, floors visited in the 

DHS work site, meeting attended 

(including lunches, etc.) that the 

COVID–19 symtoms began 

—Last date worked in a DHS worksite 

—Names (first and last) of federal 

employees, contractors, detailees, 

interns, volunteers who the COVID– 

19 positive employee was in close 

contact with, along with the close 

contacts’ work email addresses, work 

phone numbers, and the last dates of 

contact. 

The collection of information will be 

automated using Service Now, the 

existing DHS Information Technology 

Help desk ticketing platform. Service 

Now will be modified to be used as the 

COVID–19 reporting tool. The COVID– 

19 positive employee will voluntarily 

inform their supervisor that they are 

COVID–19 positive. The COVID–19 

positive employee or their supervisor 

will create a new ticket in the COVID– 

19 reporting tool and include locations 

in the office that they were in for 15 

minutes or more (to initiate facility 

cleaning) and names of employees they 

were in close contact with for 15 

minutes or more (to identify exposed 

individuals to notify). The COVID–19 

reporting tool will create a ticket and 

route this to the employee’s supervisor 

and the supervisory contract tracer. The 

supervisory contact tracer will assign 

the case (ticket) to the contact tracer. 

The contact tracer will call the COVID– 

19 positive employee to verify 

information submitted by the employee. 

The Contact Tracer will call the exposed 

employees to inform them that were 

exposed to a DHS COVID–19 positive 

employee so they can take appropriate 

precautions in minimizing exposure to 

other DHS personnel and speak with 

their supervisor to discuss their work 

status as detailed in response #2. 

The basis of the decision for adopting 

Service Now as a contact tracing 

reporting/collection tool are: Service 

now is an existing operating system 

with an approved Authority to Operate 

and is in accordance with DHS IT 

policies, procedures, and controls. 

Using information technology helps to 

streamline the process, adds uniformity, 

and reduces the burden on the contact 

tracer. The system includes an active 

directory for all DHS personnel, and 

contains the data collection, routing, 

reporting, and tracking capability 

required to automate contact tracing 

reporting, case (ticket) assignment and 

disposition. 

This information collection request 

will not impact small businesses or 

other small entities. 

In response to the Coronavirus 

Pandemic, public health leaders are 

calling for communities around the 

country to ramp up capacity and 

implement a massive contact tracing 

effort to control spread of the 

Coronavirus. The response and recovery 

from the effect of COVID–19 will 

continue to present Federal agencies 

with unprecedented challenges, as well 

as opportunities for improvement, that 

require new processes and practices 

such as COVID–19 Contact Tracing to 

keep the workforce and the public safe. 

As DHS plans to reconstitute the 

workforce, it is essential to have an 

internal DHS Contact Tracing Program 


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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 12491 

that protects the workforce and our 

families. It is also essential to comply 

with requirements in the President’s 

National Guidelines for all phases of 

Opening Up America Again, the Office 

of Management and Budget (OMB) M– 

20–23 Memorandum for Heads of 

Executive Department, the Centers for 

Disease Control and Prevention 

guidance entitled Get and Keep America 

Open, and for DHS to fulfill its overall 

mission. If DHS does not establish an 

internal COVID–19 Contact Tracing 

program capable of quickly identifying, 

isolating, tracking, and being aware of 

potential office outbreaks and workforce 

exposures, COVID–19 can unknowingly 

spread throughout the DHS workspace 

and negatively impact mission readiness 

and National Security. 

As required by the COVID–19 Contact 

Tracing Script, the Contact Tracer is 

required to read the following statement 

at the beginning of the call with each 

respondent: ‘‘Before we begin, I would 

like to provide you with the following 

privacy notice: DHS is requesting 

information as part of this call for the 

purpose of maintaining and ensuring a 

healthy workforce and a safe DHS 

workspace. Further, this information 

will help the Department in slowing 

down the spread of COVID–19 by 

notifying those individuals who may 

have been exposed to the disease so that 

they can take appropriate precautions 

in minimizing exposure to other DHS 

personnel and DHS-affiliated personnel. 

As such, DHS may use the information 

I collect from you to provide 

notifications to other potentially 

exposed personnel. No personally 

identifiable information will be shared 

on you to those personnel in an 

identifiable format. However, 

information contained from this call 

may be shared with my supervisory 

contact tracer to ensure data is 

appropriately collected. In addition, if 

you report symptoms of COVID–19, this 

information may be shared with your 

supervisor so that he or she may work 

with you on your work status. Further, 

no personally identifiable information 

collected from this call will be shared 

outside of DHS. This collection is 

voluntary. However, your participation 

is requested because contact tracing is 

a key strategy for preventing further 

spread of COVID–19.’’ 

The following privacy notice is 

imprinted on the COVID–19 Contact 

Tracing script and form: 

Warning: This document is FOR 

OFFICIAL USE ONLY (FOUO). It 

contains information that may be 

exempt from public release under the 

Freedom of Information Act (5 U.S.C. 

552) and the Privacy Act (5 U.S.C 552a). 

It is to be controlled, stored, handled, 

transmitted, distributed, and disposed 

of in accordance with DHS policy 

relating to FOUO information and is not 

to be released to the public or other 

personnel who do not have a valid 

‘‘need-to-know’’ without prior approval 

of an authorized DHS official. 

The following Privacy Act Statement is 

for the Service Now COVID–19 Contact 

Tracing Reporting Tool 

Contact Tracing Privacy Act Statement 

Pursuant to 5 U.S.C. 552a(e)(3), this 

Privacy Act Statement serves to inform 

you of why DHS is requesting the 

information that will be collected by 

this information system. 

Authority 

DHS is authorized to collect the 

information pursuant to Section 319 of 

the Public Health Service (PHS) Act (42 

U.S.C. 274d); DHS Chief Medical 

Officer’s authorities pursuant to 6 U.S.C. 

350 and 6 U.S.C. 597; 6 U.S.C. 464; 21 

U.S.C. 360bbb–3; 40 U.S.C. 1315; 42 

U.S.C. 97; American with Disabilities 

Act, including 42 U.S.C. 12112(d)(3)(B), 

29 CFR 602.14, 1630.2(r), 1630.14(b)(1), 

(c)(1), (d)(4); Medical Examinations for 

Fitness for Duty Requirements, 

including 5 CFR part 339; Genetic 

Information Nondiscrimination Act 

(GINA), including 42 U.S.C. Chapter 

21f, 29 CFR part 1635; Workforce safety 

federal requirements, including the 

Occupational Safety and Health Act of 

1970, Executive Order 12196, 5 U.S.C. 

7902; 29 U.S.C. Chapter 15 (e.g., 29 

U.S.C. 668), 29 CFR part 1904, 29 CFR 

1910.1020, and 29 CFR 1960.66. 

Purpose 

DHS will be collecting the 

information for the purpose of 

maintaining and ensuring a healthy 

workforce and a safe DHS workspace. 

This information will help the 

Department to prevent the spread of 

infectious disease by notifying those 

individuals who may have been 

exposed so they can take appropriate 

precautions in minimizing exposure to 

other DHS personnel and DHS-affiliated 

personnel. 

Routine Uses 

The information will not be shared 

externally or with any third parties. It 

will only be used by the DHS 

Component or Office who employs the 

individual about whom the information 

will be collected. Further, no personally 

identifiable information will be shared 

with anyone other than the individual’s 

supervisor and the assigned contact 

tracer. A complete list of routine uses 

for the information this system will 

collect can be found in the system of 

records notice associated with the 

system ‘‘Office of Personnel 

Management/GOVT–10—Employee 

Medical File System Records.’’ The 

Department’s full list of system of 

records notices can be found on the 

Department’s website at http://

www.dhs.gov/system-records-noticessorns. 

Consequences of Failure To Provide 

Information 

Providing information via this system 

is completely voluntary and no adverse 

action will be taken against individuals 

who refuse to participate. However, 

participation is requested because 

contact tracing is a key strategy in 

preventing further spread of infectious 

disease among the DHS workforce. 

The Contact Tracer is required to sign 

a DHS non-Disclosure Agreement and 

take the following DHS Training— 

Privacy and Protecting Personal 

Information, IT Security Awareness and 

Rules of Behavior, Cybersecurity 

Awareness and one of the following 

Contact Tracer Trainings offered by the 

Michigan Department of Public Health 

Michigan Department of Public Health 

https://www.train.org/wv/course/ 

1091008/. Additional contact tracing 

will be available from the Association of 

State and Territorial Health Officials 

https://learn.astho.org/p/ContactTracer 

and Johns Hopkins University https://

www.coursera.org/learn/covid-19- 

contacttracing?action=enroll&edocomorp=

covid-19-contact-tracing. 

The Supervisory Contact Tracer is 

required to review a minimum of 10% 

of interview calls with Contact Tracers 

to ensure comprehensive and highquality interviews and compliance with 

privacy and confidentiality. 

Explain the reasons for any program 

changes or adjustments reporting in 

Items 13 or 14 of the OMB Form 83–I. 

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 


jbell on DSKJLSW7X2PROD with NOTICES
12492 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Notices 

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: COVID–19 Contact Tracing. 

OMB Number: 1601–0027. 

Frequency: Annually. 

Affected Public: Affected Public. 

Number of Respondents: 500. 

Estimated Time per Respondent: 1. 

Total Burden Hours: 167. 

Robert Dorr, 

Executive Director, Business Management 

Directorate. 

[FR Doc. 2021–04320 Filed 3–2–21; 8:45 am] 

BILLING CODE 9112–FL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket Number DHS–2020–0047] 

Agency Information Collection 

Activities: DHS Civil Rights Evaluation 

Tool 1601–0024, DHS Form 3095 

AGENCY: Department of Homeland 

Security, (DHS) 

ACTION: 30-Day notice and request for 

comments; extension without change of 

a currently approved collection, 1601– 

0024. 

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. DHS previously 

published this information collection 

request (ICR) in the Federal Register on 

Thursday, November 19, 2020 at 85 FR 

73731 for a 60-day public comment 

period. No comment was received by 

DHS. The purpose of this notice is to 

allow additional 30-days for public 

comments. 

DATES: Comments are encouraged and 

will be accepted until April 2, 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 particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

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. 

SUPPLEMENTARY INFORMATION: Recipients 

of federal financial assistance from the 

Department of Homeland Security 

(DHS) are required to meet certain legal 

requirements relating to 

nondiscrimination and 

nondiscriminatory use of federal funds. 

Those requirements include ensuring 

that entities receiving Federal financial 

assistance from the Department of 

Homeland Security do not deny benefits 

or services, or otherwise discriminate on 

the basis of race, color, national origin, 

disability, age, sex, or religion, in 

accordance with the following 

authorities: 

• Title VI of the Civil Rights Act of 

1964 (Title VI) Public Law 88–352, 42 

U.S.C. 2000d–1 et seq., and the 

Department’s implementing regulation, 

6 CFR part 21 and 44 CFR part 7, which 

prohibit discrimination on the grounds 

of race, color, or national origin by 

recipients of Federal financial 

assistance. Title VI, through its 

prohibition against discrimination on 

the basis of national origin, requires 

recipients to take reasonable steps to 

provide meaningful access to persons 

who are limited English proficient 

(LEP). See Guidance to Federal 

Financial Assistance Recipients 

Regarding Title VI Prohibition Against 

National Origin Discrimination 

Affecting Limited English Proficient 

Persons, 76 FR 21755–21768 (April 18, 

2011). 

• Section 504 of the Rehabilitation 

Act of 1973 (Section 504), Public Law 

93–112, as amended by Public Law 93– 

516, 29 U.S.C. 794, which prohibits 

discrimination on the basis of disability 

by recipients of Federal financial 

assistance. 

• Title IX of the Education 

Amendments of 1972 (Title IX), 20 

U.S.C. 1681 et seq., and the 

Department’s implementing regulations, 

6 CFR part 17, and 44 CFR part 19, 

which prohibits discrimination on the 

basis of sex in education program and 

activities received Federal financial 

assistance. 

• Age Discrimination Act of 1975, 

Public Law 94–135, 42 U.S.C. Section 

6101 et seq., and the Department 

implementing regulation at 44 CFR part 

7, which prohibits discrimination on the 

basis of age by recipients of Federal 

financial assistance. 

• U.S. Department of Homeland 

Security regulation 6 CFR part 19, 

which prohibits organizations that 

receive financial assistance from DHS 

for a social service program from 

discriminating against beneficiaries on 

the basis of religion or religious belief, 

a refusal to hold a religious belief, or a 

refusal to attend or participate in a 

religious practice. 

The aforementioned civil rights 

authorities also prohibit retaliatory acts 

against individuals for participating or 

opposing discrimination in a complaint, 

investigation, or other proceeding 

related to prohibited discrimination. 

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 CFR part 

42, provide for the collection of data 

and information from recipients (see 28 

CFR 42.406). 

DHS uses DHS Form 3095: DHS Civil 

Rights Evaluation Tool as the primary 

tool to implement this information 

collection. DHS is seeking an extension 

of the form for another three-year 

period. DHS is not proposing any 

changes to the information collected in 

the form but is proposing changes to 

Section 1 of the form on instructions to 

streamline the process for submitting 

the completed form. 

DHS uses the form to collect civil 

rights related information from all 

recipients of federal financial assistance 

from the Department. Recipients are 


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