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WASHINGTON, DC 20507  April 12, 2002     

External Relations (Interagency)

  2. 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).
  4. ORIGINATOR. Coordination and Guidance Services, Office of Legal Counsel.
  5. AUTHORITY. Sections 303 and 304 of Executive Order 12067 and Management Directive 1000, Subject: Procedures on Interagency Coordination of Equal Employment Opportunity Issuances.
    1. "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.
    2. Internal or Administrative Documents.
      1. "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.
      2. 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.
    3. 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.
    1. Associate Legal Counsel shall:
      1. 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;
      2. 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;
      3. 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
      4. Receive and sign proposed issuances to affected agencies.
    2. EEOC Office Directors shall:
      1. 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;
      2. 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;
      3. Indicate in the cover memorandum: the office representative(s) who will respond to inquiries and receive comments, and the deadline for comments; and
      4. 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.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  9. APPENDIX. Appendix A to the Order is Management Directive 1000, Procedures on Interagency Coordination of Equal Employment Opportunity Issuances.
    1. EEOC Order 105.001 Supplement 2, procedures for Preparing, Coordinating and Clearing Equal Employment Opportunity Management Directives and Bulletin.
    2. EEOC Management Directive 101, EEOC Management Directives and Bulletin.
  11. 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