The U.S. Equal Employment Opportunity Commission
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EEOC ORDER NO. 150.004
WASHINGTON, DC 20507 April 12, 2002
GENERAL MANAGEMENT
External Relations (Interagency)
- SUBJECT. INTERAGENCY COORDINATION OF PROPOSED EEOC ISSUANCES
- PURPOSE. The purpose of this order is to provide guidance and
assistance to EEOC offices in complying with the coordination requirements
of Executive Order 12067 (Providing for Coordination of Federal Equal
Employment Opportunity Programs).
- EFFECTIVE DATE.
- ORIGINATOR. Coordination and Guidance Services, Office of Legal Counsel.
- AUTHORITY. Sections 303 and 304 of Executive Order 12067 and Management
Directive 1000, Subject: Procedures on Interagency Coordination of Equal
Employment Opportunity Issuances.
- DEFINITION.
- "Affected agency" means any agency whose programs, policies, procedures,
authority, or other statutory mandates (including coverage of groups of
employers, unions, State and local governments, or other organizations
mandated by statute of Executive order)indicate that the agency may have
an interest in the proposed issuance.
- Internal or Administrative Documents.
- "Internal or Administrative Documents," which are exempt pursuant
to section 1-304 of Executive Order 12067 may include, but are not
limited to, forms for internal audit and recordkeeping; forms for
performance and program evaluation; internal directives dealing with
program accountability; routine intra-agency budget forms; intraagency
agreements; correspondence that does not transmit significant new
policy interpretations or program standards having an impact upon
other Federal agencies; table of organization; and other documents
setting forth administrative procedures for the conduct of programs.
- Internal or administrative documents do not include compliance
manuals, training materials, publications or any other internal
documents setting forth procedures for the resolution of complaints,
standards or review proof, or any other policies, standards, or
directives having implications for non-EEOC employees.
- Issuance. "Issuance" refers to any rule, regulation, guidelines,
order, policy directive, procedural directive, legislative proposal,
publication or data collection or recordkeeping instrument and those
documents listed in 6b(2) above. It also includes agency issuances or
substantive and procedural revisions of such documents. "Issuance"
does not include orders issued to specific parties as a result of an
adjudicatory-type process.
- RESPONSIBILITIES.
- Associate Legal Counsel shall:
- Provide advice to EEOC offices to determine which proposed
issuances require coordination with other Federal agencies, and
determine which agencies are affected by a particular proposed
issuance;
- Determine when a proposed issuance is exempt from the
coordination requirements of Executive Order 12067 because the
issuance prescribes case handling procedures unique to EEOC or
because it is an internal administrative document;
- Determine when a waiver of the coordination requirements is
appropriate because the period of consultation and thorough review
required for issuance would be so long as to disrupt normal agency
operations; the document is being issued to meet an immediate statutory
deadline or court order; or whenever an initiating office presents
other compelling reasons why interim issuance is essential; and
- Receive and sign proposed issuances to affected agencies.
- EEOC Office Directors shall:
- Consult with the Coordination Division, Coordination and
Guidance Services, Office of Legal Counsel, at the earliest feasible
stage of development of an issuance to seek advice on whether
interagency coordination is required;
- Provide to the Coordination Division a copy of the proposed
issuance and a cover memorandum for signature of the Associate Legal
Counsel when it is determined that a proposed issuance requires
coordination with other Federal agencies;
- Indicate in the cover memorandum: the office representative(s)
who will respond to inquiries and receive comments, and the deadline
for comments; and
- Maintain copies of each agency's comments or written summaries
of oral or telephonic comments and, if requested to do so by the
Coordination Division, provide a brief report describing any changes
made as a result of coordination.
- PROCEDURES
- As early as possible during the course of development of a proposed
issuance, an originating office should contact the Assistant Legal
Counsel, Coordination Division, to discuss the proposed contents of the
issuance to determine if coordination will be required. This contact
should occur before any substantial work has been done on the issuance
in order to ensure that adequate time is provided in the development
schedule if coordination is required. The Coordination Division will
also provide information about the regulations and policies of other
agencies on the same subject to attempt to forestall duplication,
inconsistency, or competition with existing issuances.
- For documents that go to the Commission for final approval, opportunity
for other agencies to comment is to be provided before the proposed
issuance is in final form.
- The cover memorandum should state at which stage of development the
proposed issuance is being sent to agencies and indicate that it is being
sent for comment pursuant to EEOC's obligations under the Executive Order.
It should contain a brief description of the proposed issuance for the
information of reviewers in other Federal agencies. In addition, the
cover memorandum should set a deadline for written or oral comments which
is at least 15 working days from the date the affected agencies could
reasonably be expected to receive the material. The memorandum should
contain the name, title, address, and telephone number of the person
in the originating office who can answer questions about the proposed
issuance and state that all responses should be directed to this person.
- The Coordination Division will develop a relevant mailing list for
each proposed issuance, have the cover memorandum signed by the Associate
Legal Counsel, and return both to the originating office. The originating
office will mail copies of the issuance to the affected agencies.
- At the expiration of the period specified in the cover memorandum, if
requested to do so by the Coordination Division, the originating office
will provide a written report to the Coordination Division pointing out
what changes, if any, were made to the proposed issuance in response to
comments received from other agencies and will provide the written response.
- APPENDIX. Appendix A to the Order is Management Directive 1000, Procedures
on Interagency Coordination of Equal Employment Opportunity Issuances.
- REFERENCES.
- EEOC Order 105.001 Supplement 2, procedures for Preparing, Coordinating
and Clearing Equal Employment Opportunity Management Directives and
Bulletin.
- EEOC Management Directive 101, EEOC Management Directives and Bulletin.
- OBSOLETE DATA: EEOC Order 150.004, Interagency Coordination of Proposed
EEOC Issuances, dated November 4, 1991, is obsolete and should be removed from
the directives binder and destroyed.
David L. Frank
Legal Counsel
This page was last modified on October 11, 2002.
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