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GAO-12-1005R 1 (2012-08-21)

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          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-323800



          August 21, 2012

          The Honorable Patrick J. Leahy
          Chairman
          The Honorable Charles E. Grassley
          Ranking Member
          Committee on the Judiciary
          United States Senate

          The Honorable Larmar Smith
          Chairman
          The Honorable John Conyers, Jr.
          Ranking Member
          Committee on the Judiciary
          House of Representatives

          Subject: Department of Justice: National Standards To Prevent, Detect, and
                  Respond to Prison Rape

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Justice (Justice), entitled National
          Standards To Prevent, Detect, and Respond to Prison Rape (RIN: 1105-AB34). We
          received the rule on August 7, 2012. It was published in the Federal Register as a
          final rule; request for comment on specific issue on June 20, 2012. 77 Fed. Reg.
          37,106.

          The final rule adopts national standards to prevent, detect, and respond to prison
          rape, as required by the Prison Rape Elimination Act of 2003 (PREA).

          The rule has a stated effective date of August 20, 2012. The Congressional Review
          Act (CRA) requires a 60-day delay in the effective date of a major rule from the date
          of publication in the Federal Register or receipt of the rule by Congress, whichever is
          later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the Federal Register on
          June 20, 2012, and we did not receive the rule until August 7, 2012. Therefore,
          putting aside the compliance date, the final rule does not have the required 60-day
          delay in its effective date.


GAO-12-1005R

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