Implementing the Prison Rape Elimination Act

Proclamation 8823--Armed Forces Day, 2012

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Title 3--
The President

Memorandum of May 17, 2012

Implementing the Prison Rape Elimination Act

Memorandum for the Heads of Executive Departments and
Agencies

Sexual violence, against any victim, is an assault on
human dignity and an affront to American values. The
Prison Rape Elimination Act of 2003 (PREA) was enacted
with bipartisan support and established a ``zero-
tolerance standard'' for rape in prisons in the United
States. 42 U.S.C. 15602(1).

My Administration, with leadership from the Department
of Justice, has worked diligently to implement the
principles set out in PREA. Today, the Attorney General
finalized a rule adopting national standards to
prevent, detect, and respond to prison rape. This rule
expresses my Administration's conclusion that PREA
applies to all Federal confinement facilities,
including those operated by executive departments and
agencies (agencies) other than the Department of
Justice, whether administered by the Federal Government
or by a private organization on behalf of the Federal
Government.

Each agency is responsible for, and must be accountable
for, the operations of its own confinement facilities,
and each agency has extensive expertise regarding its
own facilities, particularly those housing unique
populations. Thus, each agency is best positioned to
determine how to implement the Federal laws and rules
that govern its own operations, the conduct of its own
employees, and the safety of persons in its custody. To
advance the goals of PREA, we must ensure that all
agencies that operate confinement facilities adopt high
standards to prevent, detect, and respond to sexual
abuse. In addition to adopting such standards, the
success of PREA in combating sexual abuse in
confinement facilities will depend on effective agency
and facility leadership and the development of an
agency culture that prioritizes efforts to combat
sexual abuse.

In order to implement PREA comprehensively across the
Federal Government, I hereby direct all agencies with
Federal confinement facilities that are not already
subject to the Department of Justice's final rule to
work with the Attorney General to propose, within 120
days of the date of this memorandum, any rules or
procedures necessary to satisfy the requirements of
PREA and to finalize any such rules or procedures
within 240 days of their proposal.

This memorandum shall be implemented consistent with
the requirements of Executive Order 13175 of November
6, 2000 (Consultation and Coordination With Indian
Tribal Governments).

This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

The Director of the Office of Management and Budget is
hereby authorized and directed to publish this
memorandum in the Federal Register.

THE WHITE HOUSE,

Washington, May 17, 2012