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

Forms and Documents

Document Name	Status
1653-0051_Supporting Statement.docx Supporting Statement A	2020-07-29
2020-15643.pdf Supplementary Document	2020-07-20
External Investigations SORN (75 FR 404) - 01 05 10.pdf Supplementary Document	2020-07-15
CARIER SORN (81 FR 72080) - 10 19 2016.pdf Supplementary Document	2020-07-15
PTA, ICE - SAAPI, 20181114, PRIV Final.pdf Supplementary Document	2020-07-15
2020-10305.pdf Supplementary Document	2020-06-01
CFR-2016-title6-vol1-part115.pdf Supplementary Document	2017-05-31
Federal Register Volume 75, Number 130 DHS-ALL-029.docx Supplementary Document	2017-05-23
Federal Register Volume 73, Number 228 DHS-ALL-003.docx Supplementary Document	2017-05-23
Federal Register Volume 79, DHS-ALL-020.docx Supplementary Document	2017-05-23

IC Document Collections

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

ICR Details

OMB Control No: 1653-0051	ICR Reference No: 202001-1653-004
Status: Active	Previous ICR Reference No: 201702-1653-006
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: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/30/2020
	Date Received in OIRA: 07/30/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2023	36 Months From Approved	10/31/2020
Responses	1,377,266	0	1,385,064
Time Burden (Hours)	117,854	0	119,321
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.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 28971	05/14/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 43865	07/20/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

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

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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	1,377,266	1,385,064	0	0	-7,798	0
Annual Time Burden (Hours)	117,854	119,321	0	0	-1,467	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: DHS estimates an annual increase of 1,113 responses (from 1,385,064 to 1,386,177) and a corresponding increase of 761 burden hours (from 119,321 to 120,082). The changes reflected in this ICR are attributed to DHS using more up-to-date response data from fiscal years 2017-2019 to revise the estimate of the average annual responses.

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Annual Cost to Federal Government: $5,883

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/30/2020

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