[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Presidential Documents]
[Pages 30873-30874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12743]



[[Page 30871]]

Vol. 77

Wednesday,

No. 100

May 23, 2012

Part VI





The President





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Memorandum of May 17, 2012--Implementing the Prison Rape Elimination 
Act



Proclamation 8823--Armed Forces Day, 2012
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  Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 30873]]

                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.

[[Page 30874]]

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

                THE WHITE HOUSE,

                    Washington, May 17, 2012

[FR Doc. 2012-12743
Filed 5-22-12; 2:15 pm]
Billing code 3110-01-P