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 safety 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 values: (1) equal justice under the law; (2) honesty and 

integrity; (3) commitment to excellence; and (4) respect for the worth and dignity of each human being. 

The Department of Justice is primarily a law-enforcement agency, not a regulatory agency; it carries out 

its principal investigative, prosecutorial, 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, detection, 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 out important responsibilities through the regulatory 

process. Although their regulatory efforts are not separately discussed in this overview of the regulatory 

priorities, those components have key roles in implementing the Department's anti-terrorism and law 

enforcement priorities. 

Prison Rape Elimination 

 Pursuant to the Prison Rape Elimination Act of 2003 (PREA or the “Act”), 42 U.S.C. section 15601 et 

seq., the Department is drafting regulations to adopt 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 the 

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detection, prevention, reduction, and punishment of prison 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 legal 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 Department 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 mandates 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 establish a national standard ... that would 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 will 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 prohibits disability based discrimination by public 

accommodations and certain testing entities, and requires commercial facilities to be constructed or 

altered in compliance with the ADA accessibility standards. These key regulations adopt revised ADA 

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Standards for Accessible Design and address certain important 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 emergency call center services (Next 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 amendments 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 published 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 rule was published, there have been major changes in 

the types of communications technology used by the 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 (such as text, pictures, and video) capabilities. 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 Department published this ANPRM to begin to develop 

appropriate regulatory guidance for PSAPs that are making this transition. The Department is in the 

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process 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 addressing 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 services, 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). The 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 description in movie theaters. 

 Since 1991, there have been many technological advances in the area of closed captioning and video 

description for first-run movies. In June 2008, the Department issued a Notice of Proposed Rulemaking 

(NPRM) to revise the ADA title III regulation, 73 FR 34466, in which the Department stated that it was 

considering options for requiring that movie theater owners 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 description 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 replace 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 of 

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these 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 expansive 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 society, which is driven by a dynamic 

electronic marketplace and unprecedented access to information. On the economic front, electronic 

commerce, or “e-commerce,” often offers consumers a wider selection and lower prices than traditional, 

“brick-and-mortar” storefronts, with the added convenience 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 the way that governmental entities serve the public. Public 

entities are increasingly providing their constituents access to government 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 governmental 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 economic life will be achieved in today’s technologically 

advanced society only if it is clear to State and local governments, businesses, educators, and other 

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public 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 services 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 small businesses, and what resources 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 sites accessible and on the existence of any other 

effective and reasonably feasible alternatives to making web sites accessible. The Department received 

approximately 440 public comments and is in the process of reviewing these comments. The Department 

anticipates publishing separate NPRMs 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 required to ensure that people are not excluded from 

participation because facilities are inaccessible or because the entity has failed to provide auxiliary aids. 

The use of accessible equipment and furniture is often critical 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 furniture 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 several types of fixed equipment and furniture, including 

ATMs, washing machines, dryers, tables, benches, and 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 equipment and furniture that are not fixed. The 

ANPRM sought information about other categories of equipment, including beds in accessible guest 

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rooms, 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 pursuant to title III of the ADA on beds in accessible 

guest rooms and a more detailed ANPRM pursuant to titles II and III of the ADA that focuses solely on 

accessible medical equipment and furniture. The remaining items of equipment and furniture addressed 

in the 2010 ANPRM will be the subject of an NPRM that 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 February 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 submitted in response to the February 2009 notice, it 

considered further the statutory requirements governing 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. Accordingly, 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 finalized 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 the certification procedure for chapter 154 and the 

standards the Attorney General will apply in making certification decisions. The comment period for the 

proposed new rule closed on June 1, 2011. 

Criminal Law Enforcement 

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 For the most part, the Department’s criminal 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 defending the United States against terrorist and foreign 

intelligence threats, upholding and enforcing the criminal 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 Check System regulations to allow criminal justice 

agencies to conduct background checks prior to the return of firearms. 

 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Initiatives. ATF issues regulations to 

enforce the Federal laws relating to the manufacture and commerce of firearms and explosives. ATF's 

mission and regulations are designed to, among other objectives, 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 duplicative 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 that 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. 

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 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 growing, manufacturing, or distribution of controlled 

substances and listed chemicals appearing in or destined for illicit traffic in the United States, including 

organizations that use drug trafficking proceeds to finance terrorism. A strategic component of the DEA’s 

law enforcement mission is the diversion control program (DCP). The DCP carries out the mandates of 

the Controlled Substances and Chemical Diversion and Trafficking Acts. DEA drafts and publishes the 

implementing regulations for these statutes in title 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 substances and listed chemicals into the illicit market while ensuring a 

sufficient supply of controlled substances and listed chemicals 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 America’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 substances for control under the CSA to protect public 

health and safety. During fiscal year 2012, among other 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 effect, which provides practitioners with the option of 

writing prescriptions for controlled substances electronically and permits pharmacies to receive, dispense, 

and archive electronic prescriptions for controlled substances. 

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 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 the 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 readability; improve disciplinary procedures through a 

revision of the subpart relating to the disciplinary process; reduce the introduction of contraband through 

various means, such as clarifying drug and alcohol surveillance 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 immigration-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 Justice. 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 removal. 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 litigation 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 the 

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hearings. In furtherance of these goals, the Department is drafting a regulation to improve the recognition 

and accreditation process for organizations and representatives that appear in immigration proceedings. 

With the assistance of DHS, the Department is also drafting a regulation pursuant to the William 

Wilberforce Trafficking Victims Protection Reauthorization 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 Order 13653, the Department is retrospectively reviewing 

EOIR’s regulations to eliminate regulations that unnecessarily duplicate DHS’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 actions, which do not appear in The Regulatory Plan. 

However, more information can be found about these completed rulemakings in past publications of the 

Unified Agenda on Reginfo.gov in the Completed Actions 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 be 

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Permits” 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. 

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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 the

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benefits 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

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