DEPARTMENT OF JUSTICE (DOJ)

Statement of Regulatory Priorities

The mission of the Department of Justice is to enforce the law and defend the interests of the United States according to the law, to ensure public sa fety against threats foreign and domestic, to provide Federal leadership in preventing and controlling crime, to seek just punishment for those guilty of unlawful behavior, and to ensure fair and impartial administration of justice for all Americans. In carrying out its mission, the Department is guided by four core valu es: (1) equal justice under the law; (2) honesty and integrity; (3) commitment to excellence; and (4) re spect for the worth and dignity of each human being. The Department of Justice is primarily a law-enfo rcement agency, not a regulatory agency; it carries out its principal investigative, prosec utorial, and other enforcement activities through means other than the regulatory process.

The Department of Justice's key regulatory priority is the Prison Rape Elimination Act (PREA) rulemaking which will establish national standards for the prevention, detec tion, reduction, and punishment of prison rape. The regulatory priorities of the Department also include initiatives in the areas of civil rights, criminal justice, and immigration. These initiatives are summarized below. In addition, several other components of the Department carry ou t important responsibilities through the regulatory process. Although their regulatory efforts are not separa tely discussed in this ov erview of the regulatory priorities, those components have key roles in im plementing the Department's anti-terrorism and law enforcement priorities.

Prison Rape Elimination

Pursuant to the Prison Rape Elimination Ac t of 2003 (PREA or the “Act”) , 42 U.S.C. section 15601 et seq., the Department is drafting regulations to ado pt national standards for the prevention, detection, reduction, and punishment of prison rape. On February 3, 2011, the Department published for public comment a Notice of Proposed Rulemaking setting forth comprehensive national standards for thedetection, prevention, reduction, and punishment of pr ison rape in prisons, jails, lockups, community confinement facilities, and juvenile facilities operated by Department of Justice, State, local, and private agencies. See 76 FR 6248 (Feb. 3, 2011). In developing these proposed standards, the Department benefited from the findings and recommendations of the National Prison Rape Elimination Commission (NPREC), which had undertaken a comprehensive l egal and factual study of the penological, physical, mental, medical, social, and economic impacts of prison sexual assaults on government functions and on

the communities and social institutions in which they operate. The Depart ment received over 1,300 public comments in response to the proposed rule, reviewed and analyzed those comments, and drafted

the final rule for submission to OMB. PREA m andates that the national standards shall be based upon the independent judgment of the Attorney General, after giving due consideration to the recommended national standards provided by the Commission ... and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider.” The Act further provides that the Department “shall not est ablish a national standard ... that w ould impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities.”

The Department worked with an outside contractor to assess the costs imposed by its proposed rule and to support a Regulatory Impact Assessment that w ill accompany the final rule. Once the rulemaking process has been completed, the Department’s PREA standards will constitute the most comprehensive and assertive approach ever undertaken in this country to combating sexual abuse against persons who

are incarcerated

Civil Rights

In September 2010, the Department published its final rules amending its regulations implementing title II and title III of the Americans with Disabilities Act (ADA). Title II prohibits disability based discrimination by public entities. Title III pr ohibits disability based discrimination by public accommodations and certain testing entities, and requ ires commercial facilities to be constructed or altered in compliance with the ADA accessibility standards. These key regulations adopt revised ADAStandards for Accessible Design and address certain impor tant policy issues. During the course of this rulemaking, the Department became aware of the need to promulgate regulations in four additional subject matter areas— the accessibility of emergenc y call center services (N ext Generation 9-1-1), captioning and video description in movie theaters, , use of accessible web sites, and accessible equipment and furniture. On July 26, 2010, the Department published an advance notice of proposed rulemaking (ANPRM) for each of these subject areas. The comment period for these ANPRMs closed on January 24, 2011. In addition to soliciting written public comments, the Department held public hearings on the ANPRMs in November and December 2010 and January 2011. The subject matter of these ANPRMs will be the focus of the Civil Rights Division’s regulatory activities for FY 2012, as well as FY 2013. The Department also plans to propose ame ndments to its ADA regulations and its section 504 regulations to implement the ADA Amendments Act of 2008, which took effect on January 1, 2009.

The subjects addressed in the ANPRMs published on July 26, 2010, included:

Next Generation 9-1-1. This ANPRM sought information on possible revisions to the Department’s regulation to ensure direct access to Next Generation 9-1-1 (NG 9-1-1) services for individuals with disabilities. In 1991, the Department of Justice p ublished a regulation to implement title II of the Americans with Disabilities Act of 1990 (ADA). That regulation requires public safety answering points (PSAPs) to provide direct access to persons with disabilities who use analog telecommunication devices for the deaf (TTYs), 28 CFR 35.162. Since that ru le was published, there have been major changes in the types of communications technology used by th e general public and by people who have disabilities that affect their hearing or speech. Many individuals with disabilities now use the Internet and wireless text devices as their primary modes of telecommunications. At the same time, PSAPs are planning to shift from analog telecommunications technology to new Internet-Protocol (IP)-enabled NG 9-1-1 services that will provide voice and data (suc h as text, pictures, and video) capab ilities. As PSAPs transition from the analog systems to the new technologies, it is essential people with communication disabilities will be able to use the new systems. Therefore, the D epartment published this ANPRM to begin to develop appropriate regulatory guidance for PSAPs that are making this transitio n. The Department is in theprocess of completing its review of the approximately 146 public comments it received in response to its NG 9-1-1 ANPRM and expects to publish an NPRM a ddressing accessibility of NG 9-1-1 in FY 2012.

Captioning and Video Description in Movie Theaters. Title III of the ADA requires public accommodations to take “such steps as may be necessary to ensure that no individual with a disability is treated differently because of the absence of auxiliary aids and serv ices, unless the covered entity can demonstrate that taking such steps would cause a fundamental alteration or would result in an undue burden.” 42 U.S.C. section 12182(b)(2)(A)(iii). Both open and closed captioning and audio recordings are examples of auxiliary aids and services that should be provided by places of public accommodations, 28 CFR section 36.303(b)(1)-(2). T he Department stated in the preamble to its 1991 rule that “[m]ovie theaters are not required...to present open-captioned films,” 28 CFR part 36, app. C (2011), but it did not address closed captioning and video de scription in movie theaters.

Since 1991, there have been many technologica l advances in the area of closed captioning and video description for first-run movies. In June 2008, t he Department issued a Notice of Proposed Rulemaking (NPRM) to revise the ADA title III regulation, 73 FR 34466, in which the Depart ment stated that it was considering options for requiring that movie theater ow ners or operators exhibit movies that are captioned or that provide video (narrative) description. The Department received numerous comments urging the Department to issue captioning and video descripti on regulations. The Department is persuaded that such regulations are appropriate. The Department issued an ANPRM on July 26, 2010, to obtain more information regarding issues raised by commenters; to seek comment on technical questions that arose from the Department’s research; and to learn more about the status of digital conversion. In addition, the Department sought information regarding whether other technologies or areas of interest (e.g., 3D) have developed or are in the process of development that either would repl ace or augment digital cinema or make any regulatory requirements for captioning and video description more difficult or expensive to implement. The Department received approximately 1171 public comments in response to its movie captioning and video description ANPRM. The Department is in the process of completing its review ofthese comments and expects to publish an NPRM addressing captioning and video description in movie

theaters in FY 2012.

Web Site Accessibility. The Internet as it is known today did not exist when Congress enacted the ADA, yet today the World Wide Web plays a critical role in the daily personal, professional, civic, and business life of Americans. The ADA’s expan sive nondiscrimination mandate reaches goods and services provided by public accommodations and public entities using Internet web sites. Being unable to access web sites puts individuals at a great disadvantage in today’s societ y, which is driven by a dynamic electronic marketplace and unprecedented access to information. On the economic front, electronic commerce, or “e-commerce,” often offers consumer s a wider selection and lower prices than traditional, “brick-and-mortar” storefronts, with the added conv enience of not having to leave one’s home to obtain goods and services. For individuals with disabilities who experience barriers to their ability to travel or to leave their homes, the Internet may be their only way to access certain goods and services. Beyond goods and services, information available on the Internet has become a gateway to education, socializing, and entertainment.

The Internet is also dramatically changing t he way that governmental entitie s serve the public. Public entities are increasingly providing their constituents access to governm ent services and programs through their web sites. Through government web sites, the public can obtain information or correspond with local officials without having to wait in line or be placed on hold. They can also pay fines, apply for benefits, renew State-issued identification, register to vote, file taxes, request copies of vital records, and complete numerous other everyday tasks. The availability of these services and information online not only makes life easier for the public but also often enables governm ental entities to operate more efficiently and at a

lower cost.

The ADA’s promise to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and econom ic life will be achieved in today’s technologically advanced society only if it is clear to State and lo cal governments, businesses, educators, and otherpublic accommodations that their web sites must be accessible. Consequently, the Department is considering amending its regulations implementing title II and title III of the ADA to require public entities and public accommodations that provide products or serv ices to the public through Internet web sites to make their sites accessible to and usable by individuals with disabilities.

In particular, the Department’s ANPRM on web site accessibility sought public comment regarding what standards, if any, it should adopt for web site accessibility, whether the Department should adopt coverage limitations for certain entities, like sma ll businesses, and what reso urces and services are available to make existing web sites accessible to individuals with disabilities. The Department also solicited comments on the costs of making web site s accessible and on the ex istence of any other effective and reasonably feasible alternatives to maki ng web sites accessible. The Department received approximately 440 public comments and is in the proces s of reviewing these comments. The Department anticipates publishing separate NP RMs addressing web site accessibility pursuant to titles II and III of the

ADA in FY 2013.

Equipment and Furniture. Both title II and title III of the ADA require covered entities to make

reasonable modifications in their programs or services to facilitate participation by persons with disabilities. In addition, covered entities are re quired to ensure that people are not excluded from participation because facilities are in accessible or because the entity has failed to provide auxiliary aids. The use of accessible equipment and furniture is often cr itical to an entity’s ability to provide a person with a disability equal access to its services. Changes in technology have resulted in the development and improved availability of accessible equipment and furn iture that benefit individuals with disabilities. Consequently, it is easier now to specify appropriate accessibility standards for such equipment and furniture, as the 2010 ADA Standards do for severa l types of fixed equipment and furniture, including ATMs, washing machines, dryers, tables, benches, a nd vending machines. To the extent that ADA standards apply requirements for fixed equipment and furniture, the Department will look to those standards for guidance on accessibility standards for equi pment and furniture that are not fixed. The ANPRM sought information about other categories of equipment, including beds in accessible guestrooms, and medical equipment and furniture. The Department received approximately 420 comments in response to its ANPRM and is in the process of reviewing these comments. The Department has decided to publish in FY 2012 a separate NPRM pursu ant to title III of the ADA on beds in accessible guest rooms and a more detailed ANPRM pursuant to ti tles II and III of the ADA that focuses solely on accessible medical equipment and furniture. The re maining items of equipment and furniture addressed in the 2010 ANPRM will be the subject of an NPRM th at the Department anticipates publishing in FY

2013.

Federal Habeas Corpus Review Procedures in Capital Cases

Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, on December 11, 2008, the Department promulgated a final rule to implement certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in capital cases under chapter 154 of

title 28 of the United States Code. On Februa ry 5, 2009, the Department published in the Federal Register a notice soliciting further public comment on all aspects of the December 2008 final rule. (74 FR 6131) As the Department reviewed the comments submi tted in response to the February 2009 notice, it considered further the statutory requirements governi ng the regulatory implementation of the chapter 154 certification procedures. The Attorney General determined that chapter 154 reasonably could be construed to allow the Attorney General greater discretion in making certification determinations than the December 2008 regulations allowed. Accordi ngly, the Department published a notice in the Federal Register on May 25, 2010, proposing to remove the December 2008 regulations pending the completion of a new rulemaking process. The Department fi nalized the removal of the December 2008 regulations on November 23, 2010. The Department published an NPRM in the Federal Register on March 3, 2011, proposing a new rule and seeking public input on t he certification procedure for chapter 154 and the standards the Attorney General will apply in making ce rtification decisions. The comment period for the proposed new rule closed on June 1, 2011.

Criminal Law EnforcementFor the most part, the Department’s crimin al law enforcement components do not rely on the rulemaking process to carry out their assigned missions . The Federal Bureau of Investigation (FBI), for example, is responsible for protecting and defendi ng the United States against terrorist and foreign intelligence threats, upholding and enforcing the cr iminal laws of the United States, and providing leadership and criminal justice services to Federal, State, municipal, and international agencies and partners. Only in very limited contexts does the FBI rely on rulemaking. For example, the FBI is currently updating its National Instant Criminal Background Chec k System regulations to allow criminal justice agencies to conduct background checks prior to t he return of firearms.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Initiatives. ATF issues regulations to enforce the Federal laws relating to the manufactu re and commerce of firearms and explosives. ATF's mission and regulations are designed to, among other obj ectives, curb illegal traffic in, and criminal use of, firearms, and to assist State, local, and other Federal law enforcement agencies in reducing crime and violence. ATF will continue, as a priority during fiscal year 2012, to seek modifications to its regulations governing commerce in firearms and explosives. ATF plans to issue final regulations implementing the provisions of the Safe Explosives Act, title XI, subtitle C, of Public Law 107-296, the Homeland Security Act of 2002 (enacted Nov. 25, 2002).

Pursuant to Executive Order 13563 “Improving Regulation and Regulatory Review,” ATF is initiating a rulemaking proceeding to amend existing regulations and extend the term of import permits for firearms, ammunition, and defense articles from 1 year to 2 years. The additional time will allow importers sufficient time to complete the importation of an authorized commodity before the permit expires and eliminate the need for importers to submit new and dup licative import applications. ATF believes that extending the term of import permits will result in substantial cost and time savings for both ATF and industry. ATF also has begun a rulemaking process t hat will lead to promulgation of a revised set of regulations (27 CFR part 771) governing the procedure and practice for disapproval of applications for explosives licenses or permits.Drug Enforcement Administration (DEA) Initiatives. DEA is the primary agency responsible for coordinating the drug law enforcement activities of the United States. DEA also assists in the implementation of the President’s National Drug Control Strategy. DEA’s mission is to enforce U.S. controlled substance laws and regulations and bring to the criminal and civil justice system those organizations and individuals involved in the growin g, manufacturing, or distribution of controlled substances and listed chemicals appearing in or desti ned for illicit traffic in the United States, including organizations that use drug trafficking proceeds to finance terrorism. A strat egic component of the DEA’s law enforcement mission is the diversion control pr ogram (DCP). The DCP carries out the mandates of

the Controlled Substances and Chemical Diversion a nd Trafficking Acts. DEA drafts and publishes the implementing regulations for these statutes in titl e 21 of the Code of Federal Regulations (CFR), parts 1300 to 1321. The CSA, together with these regulations, are designed to prevent, detect, and eliminate

the diversion of controlled substa nces and listed chemicals into t he illicit market while ensuring a sufficient supply of controlled substances and listed chem icals for legitimate medical, scientific, research, and industrial purposes.

In 2011, the President declared a national epidemic of prescription drug abuse, which has emphasized the importance of the Department’s regulatory role with respect to controlled substances. DEA has initiated National Take-Back events to purge Am erica’s home medicine cabinets of unwanted and unused drugs, as well as assisting in other strategies and increased enforcement to address doctor shopping and pill mills. DEA schedules new and emerging substa nces for control under the CSA to protect public health and safety. During fiscal year 2012, among ot her regulatory reviews and initiatives, DEA plans to propose regulations implementing the Secure and Responsible Drug Disposal Act of 2010 (Pub. L. 111- 273). DEA also plans to issue final regulations on electronic prescriptions for controlled substances subsequent to an Interim Final Rule currently in e ffect, which provides practitioners with the option of writing prescriptions for controlled substances electron ically and permits pharmacies to receive, dispense, and archive electronic prescriptions for controlled substances.Bureau of Prisons Initiatives. The Federal Bureau of Prisons issues regulations to enforce the Federal laws relating to its mission: to protect society by confining offenders in t he controlled environments of prisons and community-based facilities that are safe , humane, cost-efficient, and appropriately secure,and that provide work and other self-improvement opportunities to assist offenders in becoming lawabiding citizens. During the next 12 months, in addition to other regulatory objectives aimed at accomplishing its mission, the Bureau will continue its ongoing efforts to: streamline regulations, eliminating unnecessary language and improving readab ility; improve disciplinary procedures through a revision of the subpart relating to the disciplinary proc ess; reduce the introduction of contraband through various means, such as clarifying drug and alcohol su rveillance testing programs; protect the public from continuing criminal activity committed within prison; and enhance the Bureau’s ability to more closely monitor the communications of high-risk inmates.

Immigration

On March 1, 2003, pursuant to the Homeland Security Act of 2002 (HSA), the responsibility for immigration enforcement and for providing immigr ation-related services and benefits, such as naturalization and work authorization, was transferred from the Justice Department's Immigration and Naturalization Service (INS) to the Department of Homeland Security ( DHS). However, the immigration judges and the Board of Immigration Appeals (Board) in the Executive Office for Immigration Review (EOIR) remain part of the Department of Justic e. The immigration judges adjudicate approximately 300,000 cases each year to determine whether aliens should be removed from the United States or should be granted some form of relief from remova l. The Board has jurisdiction over appeals from the decisions of immigration judges, as well as other matters. Accordingly, the Attorney General has a continuing role in the conduct of removal hearings , the granting of relief from removal, and custody determinations regarding the detention of aliens pending completion of removal proceedings. The Attorney General also is responsible for civil litigati on and criminal prosecutions relating to the immigration

laws.

In several pending rulemaking actions, the Department is working to revise and update the regulations relating to removal proceedings in order to improve the efficiency and effectiveness of thehearings. In furtherance of these goals, the Departme nt is drafting a regulation to improve the recognition and accreditation process for organizations and representat ives that appear in immigration proceedings. With the assistance of DHS, the Department is al so drafting a regulation pursuant to the William Wilberforce Trafficking Victims Protection Reauthoriz ation Act of 2008 to implement procedures that take into account the specialized needs of unaccompanied alien children in removal proceedings. In addition, the Department is considering regulatory action to address mental incompetency issues in removal proceedings. Finally, in response to Executive Or der 13653, the Department is retrospectively reviewing EOIR’s regulations to eliminate regulations that unnecessarily duplicate DH S’s regulations and update outdated references to the pre-2002 immigration system.

Retrospective Review of Existing Regulations

Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 18, 2011), the following Regulatory Identifier Numbers (RINs) have been identified as associated with retrospective review and analysis in the Department’s final retrospective review of regulations plan. Some of these entries on this list may be completed ac tions, which do not appear in The Regulatory Plan. However, more information can be found about these co mpleted rulemakings in past publications of the Unified Agenda on Reginfo.gov in the Completed Action s section for that agency. These rulemakings can also be found on Regulations.gov. The final Justice Department plan can be found at: http://www.justice.gov/open/doj-rr-final-plan.pdf.

RIN Title Description

1140-

AA42 Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other Firearms; Extending the Term of Import The regulations in 27 C.F.R. 447 and 479 generally provide that firearms, ammunition, and defense articles may not be imported into the United States except pursuant to a permit. Section 447.43 provides that import permits are valid for one year from their issuance date. I

ATF will consider whether these regulations could bePermits” revised to achieve the same regulatory objective in a manner that is less burdensome for both industry and ATF.

1117-

AB34 Establishment of Quotas Required by the Controlled

Substances Act” The regulations in 21 C.F.R. parts 1303 and 1315 apply quotas to registered manufacturers of Schedule I and II

controlled substances and certain List I chemicals. The quotas are intended to control the available quantities of the basic ingredients needed for the manufacture of certain substances, to reduce the risk of diversion while ensuring sufficient availability to satisfy the legitimate needs of the United States. DEA will explore strategies to modernize the quota system to achieve greater efficiency and effectiveness and reduce the burden on applicants. Although the Department expects that manufacturers and the DEA will benefit from enhanced efficiency and a reduction in paperwork, it cannot quantify the burden and cost reductions until the working group identifies the specific changes it will implement.The 1 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage

National Standards to Prevent, Detect, and Respond to Prison Rape 1105-AB34 Final Rule Stage

Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB34

View Related Documents

Title: National Standards to Prevent, Detect, and Respond to Prison Rape Abstract: In the Prison Rape Elimination Act of 2003 (PREA), Public Law No. 108-79, codified at 42 U.S.C. sections 15601 to 15609, Congress directed the Attorney General to "publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape." 42 U.S.C. section 15607(a)(1). The statute further directed that the Attorney General "shall not establish a national standard ... that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities." 42 U.S.C. section 15607(a)(3). In accordance with PREA, the Department is drafting a final rule setting forth national standards for enhancing the prevention, detection, and response to sexual abuse in confinement settings. The Department published a Notice of Proposed Rulemaking on February 3, 2011 (see 76 FR 6248), identifying the proposed standards, and it received over 1,300 public comments in response.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 28 CFR 115 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 15607 Legal Deadline: 42 U.S.C. section 15607 directed the Attorney General to promulgate a final rule within 1 year after receiving the report and recommendations of the National Prison Rape Elimination Commission. Action Source Description Date Other Statutory 06/23/2010

Regulatory Plan: Statement of Need: Many of the evidentiary and public policy bases for the final rule are set forth in the statute, in which Congress set forth 15 findings relating to the prevalence of prison rape and its impact on society. See 42 U.S.C. section 15601. In summary, prison rape is a widespread problem that causes significant harm to its victims and imposes significant costs to society as a whole. Given the violent, destructive, reprehensible, and illegal nature of rape and sexual abuse in any setting, strong measures are needed to combat its prevalence in correctional settings. Tolerance of sexual abuse of prisoners in the government's custody is incompatible with American values. Legal Basis: PREA states that the Attorney General "shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape." 42 U.S.C. section 15607(a)(1). The standards "shall be based upon the independent judgment of the Attorney General, after giving due consideration to the recommended national standards provided by the [National Prison Rape Elimination] Commission ..., and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider." Id. section 15607(a)(2) and (a)(3). In June 2009, the Commission forwarded to the Attorney General a lengthy report describing its findings and recommending national standards.

Alternatives: Given the specific direction of Congress, the Department is obligated to issue a rule that promulgates national standards to combat prison rape. PREA also gives the Attorney General the option of "providing a list of improvements for consideration by correctional facilities," to the extent that a particular national standard would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities. 42 U.S.C. section 15607(a)(3). The Department has received input from numerous stakeholders concerning the development of the national standards and, as part of the development process, considered a wide range of proposals and alternatives. These proposals include the standards recommended by the Commission, as well as alternative approaches proposed by various public stakeholders.

Costs and Benefits: In directing the Attorney General to promulgate national standards that would "eliminate" prison rape by enhancing its prevention, detection, reduction, and punishment, Congress understood that Federal, State, and local agencies (as well as private entities) that operate inmate confinement facilities and that adopt the standards would likely have to incur costs to come into, and remain in, compliance with the standards. However, any such costs more than outweighed by thebenefits of avoiding prison rape. Prevention of prison rape has benefits that can be monetized, as well as benefits that cannot be monetized. The monetized benefits inure primarily to the victims of prison sexual abuse (which number over 200,000 per year) and include the costs of medical and mental health care treatment as well as pain, suffering, and diminished quality of life, among other factors. For the most serious category of prison sexual abuse, the Department's Initial Regulatory Impact Assessment (IRIA) accompanying the Notice of Proposed Rulemaking estimated the cost per adult victim as ranging from $200,000 to $300,000. Correspondingly, the IRIA estimated that if all affected agencies adopt the standards, full compliance with the standards would cost, in the aggregate, over half a billion dollars a year when annualized over 15 years. Using a breakeven analysis, this means that the standards would have to result in the avoidance of approximately 2 percent or less of the baseline number of annual prison sexual abuse victims for the costs of full compliance to break-even with the monetized benefits of the standards. This does not include the many non-monetizable benefits of prison rape avoidance, which include benefits for victims, for inmates who are not victims, for families of inmates, for prison administrators and staff, and for society at large. The final rule will include a final Regulatory Impact Assessment.

Risks: The final rule is intended to carry out the intent of Congress to eliminate prison rape. The risks from the failure to promulgate the final rule are primarily that inmates in Federal, State, and local facilities would continue to be at a higher risk of sexual assault than they would be if the final rule is not promulgated. Timetable: Action Date FR Cite ANPRM 03/10/2010 75 FR 11077 ANPRM Comment Period End 05/10/2010 NPRM 02/03/2011 76 FR 6248 NPRM Comment Period End 04/04/2011 Final Action 02/00/2012

Regulatory Flexibility Analysis Required: Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State

Federalism: Yes Energy Affected: No Public Comment URL: regulations.gov Agency Contact: Robert Hinchman Senior Counsel, Office of Legal Policy Department of Justice Legal Activities Room 4252 950 Pennsylvania Avenue NW. Washington , DC 20530 Phone: 202 514 -8059 FAX: 202 353 -2371 E-Mail: robert.hinchman@usdoj.gov