[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Rules and Regulations]
[Pages 62172-62174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23685]



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Part IV





Department of Housing and Urban Development





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24 CFR Part 7



Update to Equal Employment Opportunity Policy; Final Rule

Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / 
Rules and Regulations

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 7

[Docket No. FR 4929-F-01]
RIN 2501-AD04


Update to Equal Employment Opportunity Policy

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule updates HUD's regulations that govern equal 
employment opportunity to make HUD's requirements for equal employment 
opportunity plans consistent with a recently issued Equal Employment 
Opportunity Commission (EEOC) management directive.

DATES: Effective Date: November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Linda Bradford-Washington, Acting 
Director, Office of Departmental Equal Employment Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Washington, DC 20410, telephone (202) 708-3362 (this is not a toll-free 
number). Hearing-or speech-impaired individuals may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at (800) 877-8339.

SUPPLEMENTARY INFORMATION: HUD's regulations governing the Department's 
equal employment opportunity (EEO) policies, procedures, and programs 
are located at 24 CFR part 7. This final rule revises and updates the 
Department's current EEO regulations that concern equal employment 
opportunity plans. This regulatory change will make HUD's EEO 
provisions at 24 CFR part 7 consistent with the recently issued EEOC 
governmentwide management directive (MD-715, effective October 1, 
2003). This final rule also makes conforming changes to part 7 to 
remove obsolete terms.
    Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-17) and 
the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) mandate that all 
federal personnel decisions be made free of discrimination on the basis 
of race, color, religion, sex, national origin, reprisal, or 
disability. The statutes also require that federal agencies establish a 
program of equal employment opportunity for all federal employees and 
job applicants. MD-715 provides policy guidance and standards for 
federal agencies in establishing and maintaining effective affirmative 
programs of equal employment opportunity. The directive places 
responsibility on agency heads to provide current guidance for the 
development of program plans for all components, establish agencywide 
objectives, develop and submit program plans, and prepare 
accomplishment reports and plan updates for timely submission to EEOC.
    This final rule revises 24 CFR part 7 to make HUD's EEO policies 
consistent with MD-715. The new directive no longer requires federal 
agencies to submit data, accomplishment reports, or plans concerning 
the under-representation of women and minorities. Accordingly, HUD is 
removing from 24 CFR 7.4, any reference to such requirement. In 
addition, the directive no longer uses the terms ``affirmative 
employment'' or ``AE'' in reference to the plans that federal agencies 
are required to submit to EEOC. Therefore, this final rule removes all 
references to ``affirmative employment'' and ``AE.''

Findings and Certifications

Justification for Final Rulemaking

    HUD's regulations at 24 CFR 10.1 state that notice and public 
procedure may be omitted with respect to statements of policy, 
interpretative rules, rules governing the Department's organization or 
its own internal practices or procedures. This rule is limited to 
updating the Department's internal procedures as described in the 
regulations at 24 CFR part 7, to reflect current practices.

Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this final rule and in so 
doing has certified that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule makes 
changes to regulations that affect only the Department's own internal 
procedures and will not have any effect on small entities.

Environmental Impact

    In accordance with 24 CFR 50.19(c)(1) of the Department's 
regulations, this rule does not direct, provide for assistance or loan 
and mortgage insurance for, or otherwise govern or regulate, real 
property acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Therefore, this final rule is categorically 
excluded from the requirements of the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.).

Other Matters

    Because this rule is limited to internal agency practices and 
procedures, this rule does not impose unfunded mandates within the 
meaning of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538) or have federalism implications within the meaning of Executive 
Order 13132 (Federalism).

List of Subjects in 24 CFR Part 7

    Administrative practice and procedure, Equal employment 
opportunity, Organization and functions (Government agencies).


0
For the reasons stated in the preamble, HUD amends 24 CFR part 7 as 
follows:

PART 7--EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND 
PROGRAMS

0
1. The authority citation for 24 CFR part 7 continues to read as 
follows:

    Authority: 29 U.S.C. 206(d), 633a, 791 and 794; 42 U.S.C. 2000e 
note, 2000e-16, 42 U.S.C. 3535(d); E.O. 11478 of Aug. 8, 1969; 34 FR 
19285, Aug. 12, 1969; E.O. 10577, 3 CFR 1954-1958; E.O. 11222, 3 CFR 
1964-1965.


0
2. Revise Sec.  7.1 to read as follows:


Sec.  7.1  Policy.

    The Department's equal employment opportunity policy conforms with 
the policies expressed in Title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000d-2000d-4); the Civil Rights Act of 1991 (Pub. L. 102-166, 
approved November 21, 1991); Executive Order 11478 of 1969 (34 FR 
12985, 3 CFR 1966-1970 Comp., p. 803); the Age Discrimination in 
Employment Act of 1967 (ADEA) (29 U.S.C. 621 et seq.); the Equal Pay 
Act of 1963 (29 U.S.C. 206d); sections 501 and 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 791, 794); the Civil Service 
Reform Act of 1978 (5 U.S.C. 1101 et seq.); Executive Order 13087 of 
1998 (63 FR 30097); and the EEOC's implementing regulations, codified 
at 29 CFR part 1614. It is HUD's policy to provide equality of 
opportunity in employment in the Department for all persons; to 
prohibit discrimination on the basis of race, color, religion, sex, 
national origin, age, or disability in all aspects of its personnel 
policies, programs, practices, and operations and in all its working 
conditions and relationships with current or former employees and 
applicants for employment; to prohibit discrimination against any 
employee because he or she has made a charge,

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testified, assisted, or participated in any manner in an investigation, 
proceeding, or hearing concerning an equal employment opportunity 
complaint; and to promote the full realization of equal opportunity in 
employment through continuing programs of equal employment opportunity 
at every level within the Department. Procedures for filing EEO claims 
are found in the EEOC regulations at 29 CFR part 1614. HUD is committed 
to promoting equal employment opportunity through the removal of 
barriers and by positive actions at every level, including the early 
resolution of EEO disputes.


0
3. In Sec.  7.2, remove the definition of ``AE'' and revise the 
definition of ``EEO Officer Pro Tem'' to read as follows:


Sec.  7.2  Definitions.

* * * * *
    EEO Officer Pro Tem means the Chief of Staff or an official at a 
neutral federal agency designated to process an EEO claim that would be 
a conflict of interest for the Director of EEO or the Deputy Director 
of EEO or both. EEO Officer Pro Tem also refers to the Assistant 
Secretary or the Assistant Secretary-comparable designated by the 
Director of EEO to serve as the EEO Officer for an EEO claim that would 
be a conflict of interest for a responding Assistant Secretary or 
Assistant Secretary-comparable.
* * * * *

0
4. Revise Sec.  7.4 to read as follows:


Sec.  7.4  Equal employment opportunity programs.

    The Secretary, each Assistant Secretary, the General Counsel, the 
Inspector General, the President of the Government National Mortgage 
Association, the Chief Financial Officer, the Director of Healthy Homes 
and Lead Hazard Control, the Director of the Office of Departmental 
Operations and Coordination, and other HUD officials who may be 
determined by the Secretary for purposes of this part to be comparable 
to an Assistant Secretary, shall establish, maintain, and carry out a 
plan of equal employment opportunity to promote equal opportunity in 
every aspect of employment policy and practice. Each plan must be 
consistent with 29 CFR part 1614 and EEOC Management Directive 715. A 
copy of the EEOC Management Directive 715 is available at http://www.eeoc.gov.

0
5. In Sec.  7.10, revise paragraphs (a), (b), (c), and (e) to read as 
follows:


Sec.  7.10  Responsibilities of the Director of EEO.

* * * * *
    (a) Advising the Secretary with respect to the preparation of 
plans, procedures, regulations, reports, and other matters pertaining 
to the government's equal employment opportunity policy and the 
Department's EEO/ADR programs;
    (b) Developing and maintaining plans, procedures, and regulations 
necessary to carry out the Department's EEO programs;
    (c) Evaluating, at least annually, the sufficiency of each 
organizational unit's EEO/ADR program and providing reports thereon to 
the Secretary with recommendations as to any improvement or correction 
needed, including remedial or disciplinary action with respect to 
managerial or supervisory employees who have failed in their 
responsibility;
* * * * *
    (e) Making changes in programs and procedures designed to eliminate 
discriminatory practices and improve the Department's EEO/ADR programs;
* * * * *

0
6. In Sec.  7.11, revise paragraphs (a), (b), (c), (g), and (j) to read 
as follows:


Sec.  7.11  Responsibilities of the EEO Officers.

* * * * *
    (a) Advising the Director of EEO on matters affecting the 
implementation of the Department's EEO/ADR policies and programs in the 
organizational unit;
    (b) Developing and maintaining a program of equal employment 
opportunity for the organizational unit and ensuring that the program 
is carried out in an exemplary manner;
    (c) Publicizing to all employees of the organizational unit the 
name and address of the Director of EEO, the EEO Officer(s), and the 
EEO Counselor(s), the EEO Discrimination Complaint Manager(s), the 
Diversity Program Manager, ADR Officials, and the EEO complaint 
procedures;
* * * * *
    (g) Designating a senior-level manager in Headquarters responsible 
for providing advice and guidance to managers and supervisors in 
removing barriers to EEO/ADR and in implementing all of their EEO 
responsibilities; and reviewing recruitment and personnel actions taken 
by managers and supervisors to ensure the achievement of EEO standards;
* * * * *
    (j) Ensuring the successful operation of the EEO/ADR Program by 
requiring management's support;
* * * * *

0
7. In Sec.  7.13, paragraphs (a), (g), and (i) are revised to read as 
follows:


Sec.  7.13  Responsibilities of the Assistant Secretary for 
Administration.

* * * * *
    (a) Provide leadership in developing and maintaining personnel 
management policies, programs, automated systems, and procedures that 
will promote and ensure equal opportunity in the recruitment, 
selection, placement, training, awards, recognition, and promotion of 
employees, including an applicant flow tracking system to track 
information reflecting characteristics of the pool of individuals 
applying for an employment opportunity.
* * * * *
    (g) Designate a senior-level Disability Program Manager to promote 
EEO/ADR for persons with disabilities; to assure the accessibility of 
all HUD facilities and programs; and to manage the resources for 
providing reasonable accommodation;
* * * * *
    (i) Provide and coordinate mandatory supervisors' and managers' 
EEO/ADR training;
* * * * *

0
8. In Sec.  7.14, revise paragraphs (e), (g), (h)(4), (i), and (l) to 
read as follows:


Sec.  7.14  Responsibilities of the Office of Human Resources.

* * * * *
    (e) Ensure that new employee orientation programs contain 
appropriate references to the Department's EEO/ADR policies, 
procedures, and programs and accomplishment of EEO standards under the 
Department's Performance Accountability and Communications System 
(PACS), or other Departmental performance appraisal system;
* * * * *
    (g) In coordination with the HUD official charged with training 
responsibilities, develop an ongoing training program for supervisors 
and managers to ensure understanding of the Departmental EEO/ADR 
programs, policies, and other requirements that foster effective 
teamwork and high morale;
    (h) * * *
    (4) EEOC's regulations and policy guidance concerning EEO and ADR;
* * * * *
    (i) In coordination with the HUD official charged with training 
responsibilities, the Office of General Counsel, the Office of 
Administration, and the Director of EEO, the Department may enter into 
agreements to have EEO/ADR mandatory annual supervisory and management 
training provided by other federal agencies or other resources;
* * * * *

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    (l) Track applicant flow data that reflects characteristics of the 
pool of individuals applying for an employment opportunity and promptly 
take or recommend appropriate action to overcome any impediment to 
achieving the standards of the EEO/ADR programs and accomplishing the 
EEO standards under the applicable HUD performance appraisal system;
* * * * *

0
9. In Sec.  7.15, revise paragraphs (a), (b), and (f) to read as 
follows:


Sec.  7.15  Responsibilities of managers and supervisors.

* * * * *
    (a) Removing barriers to EEO and ensuring that EEO standards are 
accomplished in their areas of responsibility;
    (b) Evaluating and documenting subordinate managers and supervisors 
on their performance of EEO/ADR responsibilities;
* * * * *
    (f) Being proactive in addressing EEO/ADR issues, and maintaining 
work environments that encourage and support complaint avoidance 
through sound management and personnel practices;
* * * * *

0
10. In Sec.  7.16, revise paragraphs (a) and (d) to read as follows:


Sec.  7.16  Responsibilities of employees.

* * * * *
    (a) Being informed as to the Department's EEO/ADR programs;
* * * * *
    (d) Providing assistance to supervisors and managers in carrying 
out their responsibilities in the EEO/ADR programs; and
* * * * *

0
11. Revise Sec.  7.45(a) to read as follows:


Sec.  7.45  EEO group statistics and reports.

    (a) The Department shall establish a system to collect and maintain 
accurate employment information on the race, national origin, sex, and 
disability of all its employees and applicants in accordance with 29 
CFR 1614.601 through 29 CFR 1614.602, and the Department shall report 
to the EEOC on employment by race, national origin, sex, and 
disability, in the form and at such times as the EEOC may require.
* * * * *

    Dated: October 18, 2004.
Alphonso Jackson,
Secretary.
[FR Doc. 04-23685 Filed 10-21-04; 8:45 am]
BILLING CODE 4210-32-P