Encl. (1) to COMDTINST 5350.20A
III. Procedural Requirements
Because the DHS came into existence on January 24, 2003, it is necessary to promptly
establish procedures to facilitate the operations of the new Department. Furthermore, this
interim final rule parallels the existing operational regulations of other cabinet-level
agencies to effectuate the provisions of title VI of the Civil Rights Act of 1964. Similar
regulations were applicable to virtually all of the components being transferred to DHS
from other cabinet-level agencies and the regulations are only being technically adapted
for DHS, imposing no substantive requirement that is different from the existing
regulations of these cabinet-level agencies. Accordingly, the Department has determined
that notice and public procedure are impracticable and contrary to the public interest
pursuant to 5 U.S.C. 553(b)(B). For the same reasons, the Department has determined
that this interim rule should be issued without a delayed effective date pursuant to 5
U.S.C. 553 (d)(3). It has been determined that this rulemaking is not a significant
regulatory action for the purposes of Executive Order 12866. Accordingly, a regulatory
impact analysis is not required. Because no notice of proposed rulemaking is required,
the provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply. This
regulation has been reviewed and approved by the Attorney General pursuant to
Executive Order 12250 and reviewed by the Equal Employment Opportunity
Commission pursuant to Executive Order 12067.
List of Subjects in 6 CFR Part 21
Civil rights, Reporting and recordkeeping requirements.
Authority and Issuance
For the reasons set forth above, 6 CFR chapter I is amended by adding part 21 to read
as follows:
PART 21--NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR
NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL
FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF HOMELAND
SECURITY
Sec.
21.1 Purpose.
21.3 Application.
21.4 Definitions.
21.5 Discrimination prohibited.
21.7 Assurances required.
21.9 Compliance information.
21.11 Conduct of investigations.
21.13 Procedure for effecting compliance.
21.15 Hearings.
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