Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities

Forms and Documents

Document Name	Status
PREA PRA Supporting Statement_ICE response to comments_4-25-14.docx Supporting Statement A	2014-04-28
DHSALL 029 Civil Rights and Civil Libertes.mht Supplementary Document	2013-09-24
DHSALL 003 DHS Genral Training Records.mht Supplementary Document	2013-09-24
DHSICE 020 DHS Internal Affairs Records.mht Supplementary Document	2013-09-24

IC Document Collections

IC ID	Document Title	Status
208782	Background Investigation Records	Unchanged
208781	Administrative Investigation Policy	Modified
208780	Staff Disciplinary Policy	Modified
208779	Medical Staff Training Policy	Modified
208687	Annual Report for Agency	Modified
208686	Reporting to Other Confinement Facilities	Modified
208684	Maintaining Case Records of Allegations	Modified
208683	Incident Reviews	Modified
208681	Training Records	Modified
208680	Administrative Segregation	Modified
208679	Detainee Education	Modified
208678	Reports and Referrals of Allegations	Modified
208677	Cross-Gender Pat Downs	Unchanged
208676	Strip and Visual Body Cavity Searches	Unchanged

ICR Details

OMB Control No: 1653-0051	ICR Reference No: 201312-1653-006
Status: Historical Active	Previous ICR Reference No: 201309-1653-001
Agency/Subagency: DHS/USICE	Agency Tracking No:
Title: Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/01/2014
	Date Received in OIRA: 03/13/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2017	36 Months From Approved
Responses	1,385,064	0	0
Time Burden (Hours)	119,321	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Prison Rape Elimination Act of 2003 (PREA) 42 U.S.C. § 15601 et seq was passed by Congress to address the concerns related to incidents of sexual abuse, assault, and rape of prisoners in Federal, State, and local prisons, as well as the lack of data available about such incidents. PREA requires that the Department of Justice (DOJ) develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape and to increase the available data and information on the incidence of prison rape DHS's proposed regulation responds to and fulfills the President's directive by proposing comprehensive regulations for the detection, prevention, and reduction of sexual abuse and assault at DHS immigration detention and holding facilities. The information collection provisions within the proposed rule are new requirements which will require a new OMB Control No The new requirements will require covered facilities to retain certain specified information relating to sexual abuse and assault prevention planning, responsive planning, education and training, and investigations, and also to collect and retain certain specified information relating to allegations of sexual abuse and assault within the facility. The specified information is described in the proposed rule. The information collected is necessary to audit the compliance of the regulation and the incidence of sexual abuse and assault in DHS confinement facilities

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Authorizing Statute(s): US Code: 42 USC 15601 Name of Law: Prison Rape Elimination Act of 2003
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1653-AA65	Final or interim final rulemaking	79 FR 13100	03/07/2014

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 14

IC Title	Form No.	Form Name
Cross-Gender Pat Downs
Reports and Referrals of Allegations
Administrative Segregation
Training Records
Incident Reviews
Annual Report for Agency
Reporting to Other Confinement Facilities
Medical Staff Training Policy
Staff Disciplinary Policy
Administrative Investigation Policy
Background Investigation Records
Strip and Visual Body Cavity Searches
Detainee Education
Maintaining Case Records of Allegations

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,385,064	0	0	1,385,064	0	0
Annual Time Burden (Hours)	119,321	0	0	119,321	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The DHS national sexual abuse and assault standards final rule would create a new information collection.

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Annual Cost to Federal Government: $33,600

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/13/2014

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