[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Presidential Documents]
[Pages 24339-24340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9899]



[[Page 24337]]

Vol. 77

Monday,

No. 76

April 23, 2012

Part IV





The President





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Memorandum of April 18, 2012--Establishing Policies for Addressing 
Domestic Violence in the Federal Workforce


                        Presidential Documents 



Federal Register / Vol. 77, No. 76 / Monday, April 23, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 24339]]

                Memorandum of April 18, 2012

                
Establishing Policies for Addressing Domestic 
                Violence in the Federal Workforce

                Memorandum for the Heads of Executive Departments and 
                Agencies

                Despite the considerable progress made since the 
                initial passage of the Violence Against Women Act in 
                1994 (Public Law 103-322), domestic violence remains a 
                significant problem facing individuals, families, and 
                communities. Domestic violence causes two million 
                injuries each year, and an average of three women in 
                the United States die each day as a result of domestic 
                violence. While a disproportionate number of victims 
                are women, domestic violence can affect anyone.

                The effects of domestic violence spill over into the 
                workplace. The Centers for Disease Control and 
                Prevention estimate that domestic violence costs our 
                Nation $8 billion a year in lost productivity and 
                health care costs alone, and other studies have 
                suggested that the full economic impact is even higher. 
                Moreover, many victims of domestic violence report 
                being harassed in the workplace or experiencing other 
                employment-related effects.

                As the Nation's largest employer, the Federal 
                Government should act as a model in responding to the 
                effects of domestic violence on its workforce. 
                Executive departments and agencies (agencies) have 
                taken steps to address this issue, including by 
                enhancing the quality and effectiveness of security in 
                Federal facilities and by linking victims of domestic 
                violence with Employee Assistance Programs. By building 
                on these important efforts and existing policies, the 
                Federal Government can further address the effects of 
                domestic violence on its workforce.

                It is the policy of the Federal Government to promote 
                the health and safety of its employees by acting to 
                prevent domestic violence within the workplace and by 
                providing support and assistance to Federal employees 
                whose working lives are affected by such violence. 
                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, I hereby direct the following:

                Section 1. Government-wide Guidance to Address the 
                Effects of Domestic Violence on the Federal Workforce. 
                Within 240 days of the date of this memorandum, the 
                Director of the Office of Personnel Management (OPM) 
                shall, in consultation with the Attorney General, the 
                Secretary of Health and Human Services, the Secretary 
                of Labor, the Secretary of Homeland Security, and other 
                interested heads of agencies:

                    (a) issue guidance to agencies on the content of 
                agency-specific policies, as required by section 2 of 
                this memorandum, to prevent domestic violence and 
                address its effects on the Federal workforce. The 
                guidance shall include recommended steps agencies can 
                take as employers for early intervention in and 
                prevention of domestic violence committed against or by 
                employees, guidelines for assisting employee victims, 
                leave policies relating to domestic violence 
                situations, general guidelines on when it may be 
                appropriate to take disciplinary action against 
                employees who commit or threaten acts of domestic 
                violence, measures to improve workplace safety related 
                to domestic violence, and resources for identifying 
                relevant best practices related to domestic violence;
                    (b) establish a process for providing technical 
                assistance to agencies in developing agency-specific 
                policies, consistent with the guidance created

[[Page 24340]]

                pursuant to subsection (a) of this section, that meet 
                the needs of their workforce; and
                    (c) consider whether issuing further guidance is 
                warranted with respect to sexual assault and stalking 
                and, if so, issue such guidance.

                Sec. 2. Agency-Specific Actions and Policies. (a) 
                Within 90 days from the date of this memorandum, each 
                agency shall make available to the Director of OPM any 
                existing agency-specific policies and practices for 
                addressing the effects of domestic violence on its 
                workforce.

                    (b) Within 120 days from the issuance of the 
                guidance created pursuant to section 1 of this 
                memorandum, each agency shall develop or modify, as 
                appropriate, agency-specific polices for addressing the 
                effects of domestic violence on its workforce, 
                consistent with OPM guidance. Each agency shall submit 
                for review and comment to the Director of OPM, a draft 
                new or modified agency-specific policy. In reviewing 
                the draft agency-specific policies, the Director of OPM 
                shall consult with the Attorney General, the Secretary 
                of Health and Human Services, the Secretary of Labor, 
                the Secretary of Homeland Security, and other 
                interested agency heads. Each agency shall issue a 
                final agency-specific policy within 180 days after 
                submission of its draft policy to the Director of OPM.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) 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 OPM is hereby authorized and directed 
                to publish this memorandum in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 18, 2012

[FR Doc. 2012-9899
Filed 4-20-12; 11:15 am]
Billing code 6325-01-P