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Us Press Secretary Memo on Implementing Prea 2012

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Office of the Press Secretary

For Immediate Release

May 17, 2012
May 17, 2012


Implementing the Prison Rape Elimination Act

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
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.
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