DHS is reminded that it is required by the PRA regulations to submit information collection requests associated with proposed rules to OMB by no later than the date the proposed rule publishes. OMB defers approval of this collection until review of the final information collection request. DHS is reminded that it is required to submit the final information collection request to OMB in accordance with the PRA's regulations.
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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
US Code:
42 USC 15601
Name of Law: Prison Rape Elimination Act of 2003
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:
(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;
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.
DHSALL 029 Civil Rights and Civil Libertes.mht
PREA PRA Supporting Statement (ICE final response 10-2-12_clean)_REV 09-12-13.docx
Background Investigation Records