Code of Federal Regulations
29 CFR 1690
Procedures on Interagency Coordination of Equal Employment Opportunity Issuances
29 CFR §1690.101 | SUBJECT
29 CFR §1690.102 | PURPOSE
29 CFR §1690.103 | SUPERSESSION
29 CFR §1690.104 | AUTHORITY
29 CFR §1690.105 | POLICY INTENT
29 CFR §1690.106 | SCOPE
29 CFR §1690.107 | DEFINITIONS
(b) Agencies means those Executive and independent agencies, agency components, regulatory commissions, and advisory bodies having equal employment opportunity program responsibilities or authority other than equal employment opportunity responsibilities for their own Federal employees.
(c) Consultation means the exchange of advice and opinions on a subject occurring among the EEOC and affected agencies before formal submission of the issuance.
(d) Formal submission means the transmittal of a written, publication-ready document by the issuing agency to the EEOC and other affected agencies for at least 15 working days from date of receipt. The formal submission shall take place before the publication of any issuance as a final document.
(e) Internal or administrative documents , pursuant to 1-304 of the Order, 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; intra-agency agreements; correspondence which does not transmit significant new policy interpretations or program standards having an impact upon other Federal agencies; tables 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 of review or proof, or any other policies, standards or directives having implications for non-Federal employees.
(f) Issuance refers to any rule, regulation, guideline, order, policy directive, procedural directive, legislative proposal, publication, or data collection or recordkeeping instrument. It also includes agency documents as described above, or revisions of such documents, developed pursuant to court order. Issuance does not include orders issued to specific parties as a result of adjudicatory-type processes.
(g) Order means Executive Order 12067 (Providing for Coordination of Federal Equal Employment Opportunity Programs).
(h) Public announcement means the publication of a document in final form in the Federal Register or any other promulgation for general agency or public reference.
(i) Significant issuance means any issuance which the public must be afforded an opportunity to comment upon. In determining whether an issuance is significant, the EEOC shall apply the following criteria:
(2) The compliance and reporting requirements likely to be involved;
(3) The impact on the identification and elimination of discrimination in employment;
(4) The relationship of the proposed issuance to those of other programs and agencies.
29 CFR §1690.201 | RESPONSIBILITIES
(b) All Federal agencies shall advise and offer to consult with the EEOC during the development of any proposed issuances, concerning equal employment opportunity which affect the obligations of employers, labor organizations, employment agencies or other Federal agencies.
(c) The Equal Employment Opportunity Commission shall advise and offer to consult with the affected Federal agencies during the development of any proposed issuances concerning equal employment opportunity which affect the obligations of employers, labor organizations, employment agencies or other Federal agencies.
29 CFR §1690.301 | NOTIFICATION TO EEOC DURING DEVELOPMENT OF ISSUANCES
(b) Whenever an agency of the Federal government (initiating agency) develops a proposed issuance which will require consultation among the affected agencies, a responsible official of that agency or agency component shall initiate consultation by submitting an early draft of the appropriate documents, preferably after review at the first or second supervisory level, to the chair of the EEOC (ATTN: Associate Legal Counsel, Coordination and Guidance Services). The submission shall be made prior to the point that the issuance is deemed final and ready for publication and shall indicate the appropriate office or person responsible for development of the issuance.
(c) EEOC recognizes that subsequent intra-agency clearance activities may change the policies outlined in the issuance and may add or delete items included in prior drafts. Therefore, during this period of policy development, an initiating agency shall not be bound by the contents of drafts which precede the final draft.
(d) Except as provided in §1690.307, in no instance shall there be formal submission to the EEOC or the affected agencies without prior consultation pursuant to section 1-304 of the Order.
(e) Where an agency issuance is related to the internal management or administration of the agency, the issuance is exempt from the consultation process under the Order. The initiating agencies will make the determination of what must be submitted. When the agencies are in doubt, EEOC will determine the extent to which a particular issuance is covered by this exemption.
29 CFR §1690.302 | ISSUANCES PROPOSED BY EEOC
29 CFR §1690.303 | CONSULTATION WITH AFFECTED AGENCIES
29 CFR §1690.304 | COORDINATION OF PROPOSED ISSUANCE
(2) When an affected agency wishes an extension of the review period, it shall make such request of the initiating agency. If the initiating agency does not grant the request, the affected agency may then make that request of EEOC. EEOC may, at its discretion, grant the additional time requested, whereupon EEOC will inform the initiating agency which shall extend the review period. EEOC shall also inform the initiating agency of the reasons for the extension.
(3) After 15 working days, if the EEOC has not requested an extension of time or otherwise communicated the need for more time to review the proposal, the initiating agency may proceed to publication of the proposed significant issuance for public comment for at least 60 days.
(4) During this public comment period, certain issues may be submitted to employer and employee representatives for comment pursuant to section 2(c) of Executive Order 12044 (Improving Government Regulations) which requires that agencies give the public an early and meaningful opportunity to participate in the development of significant regulations.
29 CFR §1690.305 | NONDISCLOSURE OF PROPOSED ISSUANCES
(b) Requests by the public for drafts of proposed issuances of another agency will be coordinated, in appropriate circumstances, with that agency and the person submitting the request shall be so notified. The decision made by that agency with respect to such proposed issuances will be honored by the Commission.
29 CFR §1690.306 | FORMAL SUBMISSION IN ABSENCE OF CONSULTATION
(b) If the EEOC decides that informal consultation and/or formal submission is necessary, it shall confer with the proposing agency and agree on a mutually acceptable length of time for one or both (the informal consultation and/or formal submission).
(c) The period of formal submission shall be sufficient to allow all affected agencies time in which to properly review the proposal. While such period may be longer, in no instance may it be shorter than 15 working days.
29 CFR §1690.307 | TEMPORARY WAIVERS
(2) The initiating agency is issuing a document to meet an immediate statutory deadline; or
(3) The initiating agency presents other compelling reasons why interim issuance is essential.
29 CFR §1690.308 | NOTICE OF UNRESOLVED DISPUTES
(b) EEOC or the affected agency shall then send written notification of the dispute and the reasons for it to the EEOC and to the other affected agencies. Thereafter, but within the 15 day notice period, the EEOC or the affected agency may refer the dispute to the Executive Office of the President. Such reference may be made by the Chair of the EEOC or the head of the Federal agency. If no reference is made within 15 working days, the decision of the agency which initiated the proposed issuance will become effective.
29 CFR §1690.309 | INTERPRETATION OF THE ORDER
29 CFR §1690.401 | REPORTING REQUIREMENTS
You might need to reference them during your pursuit of justice.
For instance, you might need to understand certain regulations to recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
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