SUPPORTING STATEMENT - PART A
(Defense Sexual Assault Incident Database – 0704-0482)
Summary of Changes from Previously Approved Collection
Changed title of collection from “Defense Sexual Assault Incident Database” to “Defense Sexual Assault Incident Reporting”
Added DD Form 2910-1 (Replacement of Lost DD Form 2910)
Added DD Form 2910-2 (Retaliation Reporting Statement for Unresticted Sexual Assault Cases)
Revised burden breakdown to emphasize the distinction between restricted and unrestricted reporting. This division of burden is more representative of the true burden being placed on respondents than the traditional breakdown by collection instrument.
1. Need for the Information Collection
Section 563 of Public Law (PL) 110-417, the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009, directs the Secretary of Defense to implement a centralized case-level database for the collection and maintenance of information regarding sexual assaults involving members of the Armed Forces. This includes information, if available, about the nature of the assault, victim, alleged offender, investigative information, case outcomes in connection with the assault, and other information necessary to fulfill reporting requirements. Section 543 of PL 114-328, the NDAA for FY2017, further directed the Secretary of Defense to include information on each claim of retaliation in connection with a report of sexual assault in the Armed Force made by or against a member of such Armed Force in the Annual Report on Sexual Assault in the Military. This includes the narrative description and nature of each complaint, information on the complainant and alleged retaliator, and summary and determination of the investigation.
Additional authorities include:
10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, Secretary of the Air Force; 32 U.S.C. 102, National Guard; DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) Program; DoD Instruction 6495.02, SAPR Program Procedures; Army Regulation 600-20, Chapter 8, Army Command Policy (Sexual Assault Prevention and Response Program); Office of the Chief of Naval Operations (OPNAV) Instruction 1752.1C, Sexual Assault Prevention and Response Program; Marine Corps Order 1752.5B, SAPR Program; Air Force Instruction 90-6001, SAPR Program; and E.O. 9397 (SSN), as amended.
2. Use of the Information
Individuals who may be victims and/or alleged perpetrators; bystanders/witnesses; or first responders in a sexual assault involving a member of the Armed Forces, includes:
Active duty Army, Marine Corps, Navy, and Air Force members;
Active duty Reserve members and National Guard members covered by title 10 or title 32;
Service members who were victims of a sexual assault prior to enlistment or commissioning;
Military dependents age 18 and older;
Department of Defense (DoD) civilians;
DoD contractors*;
Other Federal government employees*;
U.S. civilians*; and
Foreign military members who may be lawfully admitted into the U.S. or who are not covered under the Privacy Act*.
*Note: This information is not currently collected from bystanders, witnesses, or first responders. Collection of information is pending approval of this package.
Service members and military dependents 18 years and older who have been sexually assaulted have two reporting options: Unrestricted or Restricted. If the individual elects Restricted Reporting, no PII will be collected. If an individual elects Unrestricted Reporting, PII will be collected and investigation is triggered. Non-military or federal employee victims of sexual assaults involving members of the Armed Forces may only file an Unrestricted Report. The only exceptions are Air Force and Army civilians, and military dependents who are adult sexual assault victims.
A collection is initiated when an individual elects to make either an Unrestricted or Restricted report by completing and signing a DD Form 2910, “Victim Reporting Preference Statement.” The Sexual Assault Response Coordinator (SARC) or SAPR Victim Advocate (VA) will then begin filling in the DD Form 2965, “Defense Sexual Assault Incident Database (DSAID) Data Form,” with the information received from the individual. For Unrestricted reports, the information from the DD Form 2910 and DD Form 2965 is entered into the DSAID. A copy of the DD Form 2910 is provided to the victim; the DD Form 2965 is destroyed. For restricted reports, the DD Form 2910s are maintained in hard copy by the SARC. If a sexual assault involving a non-military or federal employee victim is first reported to civilian law enforcement, information on these members of the public may also be collected as part of an Unrestricted or Restricted Report.
Information on reported instances of retaliation in connection with a report of sexual assault is collected on the DD Form 2910-2, “Retaliation Victim Reporting Preference Statement.” Reports of retaliation may only be made in connection with an Unrestricted Report of sexual assault made by or against a member of the Armed Forces.
When a report of retaliation is received from another source through the course of an investigation, a new retaliation case is opened in DSAID by a Program Manager (PM) at one of the Service headquarters. In some exceedingly rare cases, a victim may ask to file or update a replacement report using the DD Form 2910-1, “Replacement of Lost DD Form 2910, Victim Reporting Preference Statement.”
This information is collected to provide case management support, and fulfill Congressional reporting requirements. Records may also be used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness, conducting research, and case and business management. De-identified data is used to respond to mandated reporting requirements.
3. Use of Information Technology
Information is collected from the individual and input into DSAID by the SARC for the purpose of case/ business management. Authorized LOs are also able to update investigative information entered by SARCs for the purpose of capturing case outcome. Case information maintained in DSAID is also received via a direct interface with MCIO systems, when appropriate. Information collected by the SARC, SAPR VA, or LOs is input into DSAID manually. Information from the MCIO systems is transferred electronically via Secure File Transfer. In total, an estimated 25% of data submissions are transmitted into DSAID electronically via the interface with the MCIO systems.
DoD SAPRO is currently in the process of working with the Defense Manpower Data Center (DMDC) to build an interface with DMDC’s Real-Time Broker Service (RBS), also known as DEERs. The purpose of this interface will be to allow DSAID to receive authoritative demographic data to improve the efficiency and reliability of sexual assault victim support information stored within the system.
DEERS will provide demographic data for the following categories of individuals:
Any person who has been identified as a victim of a sexual assault allegedly against or committed by a uniformed member of the military, a DoD Civilian or DoD Contractor, or a retaliation reporter.
The interface is expected to be completed the end of FY2019, and will result in a notable increase in the percentage of electronic submissions.
4. Non-duplication
Each Military Service maintains a number of systems that support the various communities involved in providing support to victims of sexual assault and other response elements to include criminal investigative and legal communities. Other than DSAID, however, a system to consolidate and centralize this data, per the requirements of Section 563 of PL 110-417, does not exist. The lack of such a system would make cradle-to-grave case management, reporting, accurate trend analysis on the efficiency of training programs, and victim care difficult and labor intensive. The current service systems and status are as follows:
The Department of the Army’s Army Law Enforcement Reporting and Tracking System is currently deployed and captures investigative and legal information.
The Department of the Navy’s Consolidated Law Enforcement Operations Center is currently deployed and captures investigative and legal information.
The Department of the Air Force’s Investigative Information Management System is currently deployed and captures case investigative information.
These sources of data were examined at the time of DSAID’s creation, and were found not to meet the mandate of PL 110-417 as they are Military Service specific and not DoD-wide systems. Additionally, these Service-level systems lack the capability to run reports to meet current congressional and Departmental reporting requirements pertaining to Restricted and Unrestricted reports of sexual assault.
5. Burden on Small Businesses
This information collection does not impose a significant economic impact on a substantial number of small businesses or entities.
6. Less Frequent Collection
At this time, it is estimated that DSAID is required to generate roughly 20 standard Military Service and Military Service Academy reports a year. These reports are generated by DSAID either quarterly or annually. Eight of these standard reports are congressionally mandated. The system also produces weekly ad hoc queries and reports, and is used to support Congressional and Government Accountability Office inquiries as needed. Less frequent collections would render the Department unable to fulfill these reporting requirements.
7. Paperwork Reduction Act Guidelines
This collection of information does not require collection to be conducted in a manner inconsistent with the guidelines delineated in 5 CFR 1320.5(d)(2).
8. Consultation and Public Comments
Part A: PUBLIC NOTICE
A 60-Day Federal Register Notice for the collection published on Tuesday, June 26, 2018. The 60-Day FRN citation is 83 FRN 29767
No comments were received during the 60-Day Comment Period.
A 30-Day Federal Register Notice for the collection published on Friday, November, 23 2018. The 30-Day FRN citation is 83 FRN59369.
Part B: CONSULTATION
Section 563 of PL 110-417, the NDAA for FY09, directed the implementation of DSAID. A working group was established in early 2008 to design a system that would be useful and relevant to the needs of the Department and each Military Service. The working group consisted of representation from DoD SAPRO, each of the Military Services, the National Guard Bureau, the Office of the Assistant Secretary of Defense for Reserve Affairs, the OASD for Health Affairs, and the Joint Chiefs of Staff. Together, the working group created a high- level design concept document for DSAID. The group submitted a proposal to the Department, which it accepted and delivered to the Congress in 2009. DoD SAPRO further collaborated with the stakeholders from each of the Military Services and established a more detailed DSAID requirements package that was used as the basis for a contract to develop the system. DSAID was ultimately stood up in March 2012. Further enhancements and upgrades to DSAID are evaluated and approved by the DSAID Change Control Board (CCB).
The Department continues to work with the Military Services and other stakeholders regarding the availability of requested information, frequency of collection, and clarity of instructions to further develop DSAID. Consultation with stakeholders occurs on a monthly basis through the DSAID CCB process. Additionally, two working groups were held by DoD SAPRO with the Services, and other key stakeholders, over the course of the past three and a half years, in order to inform the development of the retaliation module in DSAID, and coordinating strategy and procedures.
9. Gifts or Payment
No payments or gifts are being offered to respondents as an incentive to participate in the collection. However, victims and alleged perpetrators may be entitled for benefits allowed by the law.
10. Confidentiality
A Privacy Act Statement (PAS) is provided on the DD Form 2910, DD Form 2901-1, and the DD Form 2965. If the DD Form 2965 is not used to collect information from a respondent, the PAS is provided separately by the SARC or SAPR VA.
DSAID’s current System of Record Notice can be found here:
http://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570559/dhra-06-dod/
DSAID’s current Privacy Impact Assessment can be found here: http://www.dhra.mil/Portals/52/Documents/Privacy/PIA/DSAID.pdf
RETENTION AND DISPOSAL OF RECORDS: Temporary, Cutoff cases at the end of the fiscal year. Destroy 50 years after cutoff. Records are maintained in the system until destroyed.
11. Sensitive Questions
As stated, victims of sexual assault have two options when reporting information regarding an incident. Victims may consent to a full collection of information, which will initiate an investigation through the election of the Unrestricted Reporting option. Alternatively, victims may report in a way that enables them to receive assistance without initiating an investigation through the election of a Restricted Report. If a victim elects the Restricted Reporting option, no PII will be collected but full or limited SAPR services may be available. Non-military or federal employee victims of sexual assaults involving members of the Armed Forces may only file an Unrestricted Report, with the exception of adult military dependents. In this way, no collected information violates the Privacy Act, as implemented by DoD 5400.11-R.
If an individual elects the Unrestricted Reporting option, PII elements collected include Social Security Numbers, race, and ethnicity. A Social Security Justification Memorandum was signed and approved authorizing the collection of SSN in April 2014. A revised draft memorandum has been submitted with this package.
By the very nature of the system, information regarding sexual activity is collected. All information on sexual activity, however, is collected per Congressional requirements. Additionally, race and ethnicity categories are in compliance with those outlined in DoD Manual 7730.47-M, Volume 1, “Defense Incident-Based Reporting System (DIBRS): Data Segments and Elements,” a copy of which is included with this package.
12. Respondent Burden and its Labor Costs
a. Estimation of Respondent Burden
1. Unrestricted Reports
a. Number of Respondents: 698
b. Number of Responses Per Respondent: 1
c. Number of Total Annual Responses: 698
d. Response Time: 2.5 hours
e. Respondent Burden Hours: 1745 hours
2. Restricted Reports
a. Number of Respondents: 30
b. Number of Responses Per Respondent: 1
c. Number of Total Annual Responses: 30
d. Response Time: 1 hour
e. Respondent Burden Hours: 30 hours
3. Retaliation Reports
a. Number of Respondents: 2
b. Number of Responses Per Respondent: 1
c. Number of Total Annual Responses: 2
d. Response Time: 2.5 hours
e. Respondent Burden Hours: 5 hours
4. Replacement Reports
a. Number of Respondents: 0
b. Number of Responses Per Respondent: 0
c. Number of Total Annual Responses: 0
d. Response Time: 30 minutes
e. Respondent Burden Hours: 0 hours
5. Total Submission Burden
a. Total Number of Respondents: 730
b. Total Number of Annual Responses: 730
c. Total Respondent Burden Hours: 1780 hours
b. Labor Cost of Respondent Burden
1. Unrestricted Reports
a. Number of Total Annual Responses: 698
b. Response Time: 2.5 hours
c. Respondent Hourly Wage: $26.31
d. Labor Burden per Response: $65.78
e. Total Labor Burden: $45,910.95
2. Restricted Reports
a. Number of Total Annual Responses: 30
b. Response Time: 1 hour
c. Respondent Hourly Wage: $26.31
d. Labor Burden per Response: $26.31
e. Total Labor Burden: $789.30
3. Retaliation Reports
a. Number of Total Annual Responses: 2
b. Response Time: 2.5 hours
c. Respondent Hourly Wage: $26.31
d. Labor Burden per Response: $65.78
e. Total Labor Burden: $131.55
4. Replacement Reports
a. Number of Total Annual Responses: 0
b. Response Time: 30 minutes
c. Respondent Hourly Wage: $26.31
d. Labor Burden per Response: $0
e. Total Labor Burden: $0
5. Overall Labor Burden
a. Total Number of Annual Responses: 730
b. Total Labor Burden: $46,831.80
The Respondent hourly wage was determined by using the Department of Labor Wage Website (http://www.dol.gov/dol/topic/wages/index.htm)
13. Respondent Costs Other Than Burden Hour Costs
There are no annualized costs to respondents other than the labor burden costs addressed in Section 12 of this document to complete this collection.
14. Cost to the Federal Government
Labor
Cost to the Federal Government
Overall Labor Burden to Federal Government
a. Total Number of Annual Responses: 730
b. Total Labor Burden: $1,657,990.43
b. Operational and Maintenance Costs
Equipment: $0
Printing: $0
Postage: $0
Software Purchases: $0
Licensing Costs: $500,389.00
Other: $0
g. Total: $500,389.00
1. Total Operational and Maintenance Costs: $500,389.00
2. Total Labor Cost to the Federal Government: $1,654,109.23
3. Total Cost to the Federal Government: $2,154,498.23
15. Reasons for Change in Burden
The burden estimate has increased since the previous approval due to the new collection of information on claims of retaliation in connection with a report of sexual assault, as mandated by Section 543 of PL 114-328 (FY2017 NDAA).
16. Publication of Results
Aggregate data collected in DSAID will be published in accordance with Section 577(f) of PL 108-375, the NDAA for FY2005. Section 596 of PL109-163 (FY2006 NDAA), Sections 532 and 583 of PL 109-364 (FY2007 NDAA), Section 567 of PL 111-84 (FY2010 NDAA), Section 1631 of PLXXX (FY2011 NDAA), Sections 575 and 579 of PL 111-383 (FY2013 NDAA), Section 542 of PL 113-291 (FY2015 NDAA), Section 543 of PL 114-328 (FY2017 NDAA), and Section 537 PL 115-XXX (FY2018 NDAA) impose additional requirements for the report. These mandates require the collection of sexual assault information involving members of the Armed Forces annually and that the publication of this data be submitted to Congress.
In order to protect individual privacy, only deidentified data is published.
17. Non-Display of OMB Expiration Date
We are not seeking approval to omit the display of the expiration date of the OMB approval on the collection instrument.
18. Exceptions to “Certification for Paperwork Reduction Submissions”
We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9.
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