Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices 24029

information collection, unless the OMB effort, agencies are directed to consult • The Area section(s) (1, 2, 3, 4 and/ approves it and displays a currently with members of communities that have or 5) that your submission and materials valid OMB Control Number. In addition, been historically underrepresented in support. notwithstanding any other provisions of the Federal Government and • A brief description of the law, no person shall generally be subject underserved by, or subject to responding individual(s) or to penalty for failing to comply with a discrimination in, Federal policies and organization’s mission and/or areas of collection of information that does not programs, and to evaluate opportunities, expertise, including any public-private display a valid OMB Control Number. as allowable, to increase coordination, partnerships with Federal, State, tribal, See 5 CFR 1320.5(a) and 1320.6. communication, and engagement with territorial, or local governments within DOL seeks PRA authorization for this community-based and civil rights the past three years that are relevant to information collection for three (3) organizations. Through this request for this RFI. years. OMB authorization for an ICR information (RFI), OMB seeks input, • A contact for questions or other cannot be for more than three (3) years information, and recommendations from follow-up on your response. without renewal. The DOL notes that a broad array of stakeholders in the By responding to the RFI, each information collection requirements public, private, advocacy, not-for-profit, participant (individual, team, or legal submitted to the OMB for existing ICRs and philanthropic sectors, including entity) warrants that they are the sole receive a month-to-month extension State, local, Tribal, and territorial areas, author or owner of, or has the right to while they undergo review. on available methods, approaches, and use, any copyrightable works that the Agency: DOL–ETA. tools that could assist in this effort. Submission comprises, that the works Title of Collection: DOL-Only OMB will consider the usability, are wholly original (or is an improved Performance Accountability, applicability, and rigor of submissions version of an existing work that the Information, and Reporting System. in response to this RFI as OMB gathers participant has sufficient rights to use OMB Control Number: 1205–0521. resources to support agencies as they and improve), and that the Submission Affected Public: Individuals or conduct internal assessments on the does not infringe any copyright or any Households; State, Local, and Tribal state of equity in their policies, other rights of any third party of which Governments; Private Sector— programs, services, processes, and participant is aware. Businesses or other for-profits and not- operations. OMB will also use what it By responding to the RFI, each for-profit institutions. learns from responses to this RFI as participant (individual, team, or legal Total Estimated Number of OMB works to expand use of equity- entity) consents to the contents of their Respondents: 17,583,750. assessment methods and approaches submission being made available to all Total Estimated Number of across the Federal Government, as Federal agencies and their employees on Responses: 41,064,037. agencies develop agency Equity Action an internal-to-government website Total Estimated Annual Time Burden: Plans (due to the Domestic Policy accessible only to agency staffpersons. 10,459,627 hours. Council by January 19, 2022) outlining Participants will not be required to Total Estimated Annual Other Costs steps they will take to address identified transfer their intellectual property rights Burden: $9,491,287. gaps in equity. to OMB, but Participants must grant to Authority: 44 U.S.C. 3507(a)(1)(D). DATES: Responses to this RFI should be the Federal government a nonexclusive license to apply, share, and use the Dated: April 28, 2021. received by July 6, 2021. ADDRESSES: You should submit materials that are included in the Mara Blumenthal, Submission. To participate in the RFI, Senior PRA Analyst. comments via the Federal eRulemaking Portal at https://www.regulations.gov/. each participant must warrant that there [FR Doc. 2021–09471 Filed 5–4–21; 8:45 am] Follow the instructions for submitting are no legal obstacles to providing the BILLING CODE 4510–FM–P comments. All public comments above-referenced nonexclusive licenses received are subject to the Freedom of of participant rights to the Federal Information Act and will be posted in government. OFFICE OF MANAGEMENT AND their entirety at https:// Interested parties who respond to this BUDGET www.regulations.gov/, including any RFI may be contacted for a follow-on strategic agency assessment dialogue, Methods and Leading Practices for personal and/or business confidential information provided. Do not include discussion, event, crowdsource Advancing Equity and Support for campaign, or competition. Underserved Communities Through any information you would not like to FOR FURTHER INFORMATION CONTACT: Government be made publicly available. Written responses should not exceed Issues regarding submission or AGENCY: Office of Management and 20 pages, inclusive of a 1-page cover questions on this RFI can be sent to Budget, Executive Office of the page as described below. Attachments Amira Boland at 202–395–5222 or to President. or linked resources or documents are [email protected]. ACTION: Request for Information (RFI). not included in the 20-page limit. Please SUPPLEMENTARY INFORMATION: respond concisely, in plain language, I. Background SUMMARY: Recent Executive Orders have and in narrative format. You may charged the Office of Management and respond to some or all of the questions E.O. 13985 states: ‘‘Equal opportunity Budget (OMB), in partnership with the listed in the RFI. Please ensure it is clear is the bedrock of American democracy, heads of agencies, to identify, by July which question you are responding to. and our diversity is one of our country’s 2021, effective methods for assessing You may also include links to online greatest strengths. But for too many, the whether agency policies and actions material or interactive presentations but American Dream remains out of reach. (e.g., programs, services, processes, and please ensure all links are publicly Entrenched disparities in our laws and operations) equitably serve all eligible available. Each response should public policies, and in our public and individuals and communities, include: private institutions, have often denied particularly those that are currently and • The name of the individual(s) and/ that equal opportunity to individuals historically underserved. As part of this or organization responding. and communities. Our country faces

VerDate Sep<11>2014 23:06 May 04, 2021 Jkt 253001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 24030 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices

converging economic, health, and each agency will develop a plan for engagement with underserved climate crises that have exposed and addressing any barriers to full and equal communities. exacerbated inequities, while a historic participation in programs and The descriptions below represent a movement for justice has highlighted procurement opportunities identified in non-exhaustive accounting of issues that the unbearable human costs of systemic its assessment. Such a plan could may fall under each topic area. These racism. Our Nation deserves an include establishing ongoing routines to may assist in the formulation of ambitious whole-of-government equity assess and rectify gaps in full and equal comments. The list is not intended to agenda that matches the scale of the participation in programs and restrict submissions. For all prompts, opportunities and challenges that we procurement opportunities. OMB requests that commenters face. E.O. 13985 uses the following incorporate examples, data, and, in It is therefore the policy of my definitions, which OMB adopts for particular, research or academic Administration that the Federal purposes of this RFI. literature whenever possible. Government should pursue a The term ‘‘equity’’ means the For Area 1 on equity assessments and comprehensive approach to advancing consistent and systematic fair, just, and strategies: equity for all, including people of color impartial treatment of all individuals, The work of advancing equity and others who have been historically including individuals who belong to requires a holistic assessment of agency underserved, marginalized, and underserved communities that have practices and policies. Some Federal adversely affected by persistent poverty been denied such treatment, such as agencies will need to implement new and inequality. Affirmatively advancing women and girls; Black, Latino, and approaches to assess whether future equity, civil rights, racial justice, and Indigenous and Native American proposed policies, budgets, regulations, equal opportunity is the responsibility of persons, Asian Americans and Pacific grants, or programs will be effective in the whole of our Government. Because Islanders and other persons of color; advancing equity. OMB welcomes advancing equity requires a systematic persons facing discrimination or barriers submissions that provide resources, approach to embedding fairness in on account of gender identity; members tools, and examples of how agencies decision-making processes, executive of religious minorities; lesbian, gay, might conduct effective equity departments and agencies (agencies) bisexual, transgender, and queer assessments, with the goal of embedding must recognize and work to redress (LGBTQ+) persons; persons with equity throughout agency practices and inequities in their policies and programs disabilities; persons who live in rural policies. Submissions might consider that serve as barriers to equal areas; and persons otherwise adversely questions such as: opportunity.’’ affected by persistent poverty or • What are some promising methods Within 200 days of the date of the inequality. and strategies for assessing equity in E.O. (by August 8, 2021), agencies must The term ‘‘underserved communities’’ internal agency practices and policies? submit to the Assistant to the President refers to populations sharing a What knowledge, skills, or supports do for Domestic Policy an assessment of the particular characteristic, as well as practitioners need to use such tools state of equity for underserved geographic communities, that have been effectively? communities and individuals, including systematically denied a full opportunity • What are some promising methods on the following points, for example: to participate in aspects of economic, and strategies for identifying systemic • Barriers that underserved social, and civic life, as exemplified by inequities to be addressed by agency communities and individuals may face the list in the preceding definition of policy? to enrollment in and access to benefits ‘‘equity.’’ • Jurisdictions at the State, local, and services in Federal programs; Tribal, and territorial level have • Barriers that underserved Information and Key Questions implemented equity assessment tools to communities and individuals may face OMB seeks input in the following inform their policymaking, budgetary, in participation in agency procurement areas: or regulatory processes. What are the and contracting opportunities; 1. Equity Assessments and Strategies. lessons these jurisdictions have learned • Barriers that underserved Approaches and methods for holistic from implementing or interacting with communities and individuals may face and program- or policy-specific those tools? in participation in agency grant assessments of equity for public sector • What are some promising methods programs and other forms of financial entities, including but not limited to the and strategies for advancing equity on assistance; development of public policy strategies urgent or immediate agency priorities? • Opportunities in current agency that advance equity and the use of data • What types of equity assessment policies, regulations, and guidance to to inform equitable public policy tools are especially useful for agencies address affirmatively and equitably the strategies. with national security, foreign policy or underlying causes of systemic inequities 2. Barrier and Burden Reduction. law enforcement missions? in society; Approaches and methods for assessing • How might agencies collect data • Opportunities in agency community and remedying barriers, burden, and and build evidence in appropriate and engagement processes to engage with inequities in public service delivery and protected ways to reflect underserved and empower marginalized, vulnerable, access. individuals and communities and or underserved communities more 3. Procurement and Contracting. support greater attention to equity in directly to advance equitable Approaches and methods for assessing future policymaking? policymaking; and equity in agency procurement and • How might agencies build capacity • The operational status and level of contracting processes. and provide training and support for institutional resources available to 4. Financial Assistance. Approaches teams conducting this work? agency offices or divisions responsible and methods for assessing equity in the • How can community engagement or for advancing civil rights or required to administration of agency grant programs feedback from underserved individuals serve underrepresented or and other forms of financial assistance. with lived expertise on a given policy disadvantaged communities. 5. Stakeholder and Community problem be integrated meaningfully in Within one year of the date of E.O. Engagement. Approaches and methods an agency’s use of equity assessment 13985 (by January 19, 2022), the head of for accessible and meaningful agency methods?

VerDate Sep<11>2014 23:06 May 04, 2021 Jkt 253001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices 24031

For Area 2 on barrier and burden requirements or processes have little created by Federal buying activities. reduction: actual effect on program integrity? Economic research shows that investing Members of underserved communities • How could agencies incorporate in underserved communities and may experience a variety of external considerations of the psychological closing racial wealth gaps yields factors that may disproportionately costs of qualifying or applying for economic growth and job creation that affect their access to information about Federal benefits programs into their benefits all Americans. programs or program eligibility, assessments of equitable service OMB welcomes submissions that applying for benefits, conducting post- delivery? address questions such as: • award reporting, and recertification of What kinds of equity assessment • How do we achieve equity in a eligibility. These barriers may include, tools are more useful for addressing procurement system that must balance but are not limited to: Non-traditional or urgent agency priorities versus making competing economic and social goals, systemic change? including the need to conduct inflexible work hours, childcare needs, • housing insecurity, limited What types of overarching metrics procurements in a streamlined and transportation access, limited (e.g., program uptake, over- or under- rapid manner? • proficiency in English, disability, low payments) might an agency use to What kinds of equity assessment literacy, income or other resource measure a benefit program’s outcomes tools might agencies use to identify constraints, stigma in accessing public [or whether it is implemented as inequity in their standard practices intended?]? throughout the acquisition lifecycle, programs, and limited access to • technology. How might an agency assess or including, but not limited to, the balance prioritization of potentially Other barriers are internal to the development of requirements, market competing values associated with administration of programs. While research (including outreach to program administration, such as certain program rules may ensure that businesses), selection of contract type, program uptake, program integrity, benefits are awarded to eligible availability of financing, incentive privacy protection, and resource individuals or are otherwise required by structure, negotiation and evaluation of constraints, in the context of addressing law, others are not necessary for interested sources, debriefings of equity for underserved individuals and ensuring benefits are awarded to eligible unsuccessful offerors, management of communities? contracts, evaluation of contractor individuals and may be remedied via • How might agencies assess if performance, and use of past administrative or regulatory changes. specific barriers (e.g., specific questions The latter category of program rules may performance in selection of sources? on forms or requirements such as in- • What kinds of tools might agencies include: Unnecessary questions or person interviews) are achieving their requirements to produce use to determine when there is inequity intended purpose? in the award of subcontracts under documentation; complex eligibility • How might agencies incorporate formulas; forms or web applications that prime contracts and the cause of such? into their equity assessments barriers or • How might agencies identify are confusingly designed; complicated duplicative burdens a participant is opportunities to engage with business instructions; long delays between likely to experience when seeking owners and entrepreneurs who are application and adjudication; the need services from multiple agencies? members of underserved communities for third-party (e.g., advocacy • How can agencies best balance to promote doing business with the organization, legal counsel) support or collecting demographic information Federal Government? What kinds of consultation; frequent recertification of about program applicants and training and capacity building within eligibility; processes that require participants with the potential effect on agency teams would support equitable multiple forms or touch-points; and program participation that these procurement and contracting efforts? duplicative or similar information questions may cause? What does • What kinds of benchmarks and collections by multiple agencies. rigorous research show about the effect assessment techniques might support Responses should include, but not be of demographic questions on program equitable procurement and contracting limited to, information on any or all of participation? efforts? the following points: For Area 3, on procurement and • What kinds of data should agencies • How can agencies address known contracting: collect and use to assess equity in their burdens or barriers to accessing benefits The Federal Government is the procurement practices? programs in their assessments of world’s largest purchaser of goods and For Area 4, financial assistance: benefits delivery? services, with acquisitions totaling over Federal agencies run financial • What data, tools, or evidence are $650 billion per year. As the Federal assistance programs, including grant available to show how particular Government’s purchasing power is used opportunities, that have the potential, underserved communities or to fight COVID–19, increase domestic and in many cases, a stated intent, to populations disproportionately productivity, combat climate change, channel resources to underserved encounter these barriers? Which and address other Administration communities. OMB welcomes underserved communities experience priorities, agencies will need to assess submissions that address questions such multiple, cumulative barriers and are opportunities to invest in underserved as: disproportionately burdened by specific individuals and communities by • How might agencies identify administrative processes or promoting business diversity (including, opportunities to adjust current practices requirements? but not limited to, professional services, in grants and other financial assistance • Are there specific requirements or financial services, and technology) and programs to expand access for processes (e.g., in-person visits, resiliency. Agencies will need to assess underserved communities and to frequency of recertification of eligibility) opportunities to direct more achieve equity-oriented results? What that have been shown in rigorous procurement and contracting dollars to are some promising approaches to the research to cause program drop-off or underserved individuals and award and administration of Federal churn by underserved individuals and communities so that a broad cross- awards (including, for example, the communities? Similarly, is there section of American businesses can integration of program planning and rigorous evidence available that certain share in the jobs and opportunities design) that should be considered?

VerDate Sep<11>2014 23:06 May 04, 2021 Jkt 253001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 24032 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices

• What are promising practices for and evaluation processes? If so, are information collection for the NEA equitable grantmaking and the these feedback mechanisms accessible Panelist Profile Data. Copies of this ICR, administration of financial assistance to underserved communities? If not, with applicable supporting programs that agencies should consider what are best practices that agencies documentation, may be obtained by in the course of their equity should consider? visiting www.Reginfo.gov. assessments? • What tools could agencies develop DATES: Interested persons are invited to • How might agencies engage in for expanding stakeholder input into submit comments within 30 days from outreach and stakeholder engagement to programmatic and regulatory changes to the date of this publication in the identify opportunities to make Federal minimize barriers and burden? How Federal Register. grants and other financial assistance may existing processes (e.g., notice and ADDRESSES: Comments should be sent to processes more accessible? comment on information collections) be the Office of Information and Regulatory • What kinds of training and capacity enhanced to improve accessibility by Affairs, Attn: OMB Desk Officer for the building within agencies would support stakeholders? National Endowment for the Arts, Office equitable grantmaking and financial • What tools can agency offices, of Management and Budget, Room assistance efforts? including communications, civic • 10235, Washington, DC 20503. What kinds of benchmarks and engagement, enforcement, and FOR FURTHER INFORMATION CONTACT: The assessment techniques would support policymaking offices, use to better Office of Information and Regulatory equitable grantmaking and financial engage or reach underserved Affairs, Attn: OMB Desk Officer for the assistance efforts? communities? • National Endowment for the Arts, Office What kinds of data should agencies • What are some of the barriers or of Management and Budget, Room collect and use to assess equity in their factors that challenge underserved 10235, Washington, DC 20503, (T) 202– grantmaking and financial assistance communities’ interactions with Federal 395–7316. practices? agencies and programs? For Area 5, on stakeholder and • What practices should agencies put SUPPLEMENTARY INFORMATION: The Office community engagement: in place to reach underserved of Management and Budget (OMB) is Section 8 of E.O. 13985 instructs communities in rural areas or particularly interested in comments agencies to expand their use of underserved communities that which: (1) Evaluate whether the stakeholder and community engagement otherwise are not able to visit proposed collection of information is in carrying out the Order. OMB seeks Washington, DC, to engage with necessary for the proper performance of specific approaches to stakeholder and policymakers? the functions of the agency, including community engagement with whether the information will have underserved communities that others Shalanda Young, practical utility; (2) Evaluate the have successfully used and that Federal Acting Director, Office of Management and accuracy of the agency’s estimate of the agencies could adapt or apply. Budget. burden of the proposed collection of Accordingly, OMB welcomes [FR Doc. 2021–09109 Filed 5–4–21; 8:45 am] information including the validity of the submissions that address questions such BILLING CODE 3110–01–P methodology and assumptions used; (3) as: Enhance the quality, utility, and clarity • What processes should agencies of the information to be collected; and have in place to engage proactively with NATIONAL FOUNDATION ON THE (4) Could help minimize the burden of the underserved individuals and ARTS AND THE HUMANITIES the collection of information on those communities that will be most affected who are to respond, including through by agency programs, policies, rules, 30-Day Notice for the ‘‘NEA Panelist the use of electronic submission of processes, or operations? How can Profile Data’’ responses through Grants.gov. agencies design and implement Agency: National Endowment for the community engagement practices that AGENCY: National Endowment for the Arts. are accessible to underserved Arts. Title: NEA Panelist Profile Data communities? How might affected ACTION: Notice of proposed collection; Collection. communities be engaged pro-actively comment request. OMB Number: 3135–0098. and early to shape agency policy Frequency: Annually. priorities and strategies? SUMMARY: The National Endowment for Affected Public: Individuals. • What tools and best practices might the Arts (NEA), as part of its continuing Estimated Number of Respondents: agencies deploy to establish advisory effort to reduce paperwork and 600. boards, task forces, and commissions respondent burden, conducts a Total burden hours: 100 hours. that are inclusive of underserved preclearance consultation program to Total annualized capital/startup communities? provide the general public and Federal costs: 0. • How can an agency assess the agencies with an opportunity to Total annual costs (operating/ accessibility of the agency’s rulemaking comment on proposed and/or maintaining systems or purchasing and policymaking commenting and continuing collections of information in services): 0. engagement processes, including for accordance with the Paperwork The NEA’s mission is ‘‘to strengthen individuals that experience barriers to Reduction Act of 1995. This program the creative capacity of our participation? Examples of barriers may helps to ensure that requested data can communities by providing all include limited language access be provided in the desired format, Americans with diverse opportunities assistance, online-only engagement, and reporting burden (time and financial for arts participation.’’ With the advice minimal proactive notification of resources) is minimized, collection of the National Council on the Arts and opportunities to provide comment. instruments are clearly understood, and advisory panels, the Chairman • Do feedback mechanisms for the impact of collection requirements on establishes eligibility requirements and customers, beneficiaries, and respondents can be properly assessed. criteria for the review of applications for communities affected by Government Currently, the NEA is soliciting funding. Section 959(c) of the NEA’s programs exist to inform policy research comments concerning the proposed enabling legislation, as amended, directs

VerDate Sep<11>2014 23:06 May 04, 2021 Jkt 253001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1