62172 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Rules and Regulations 

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.

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). Hearingor 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 underrepresentation 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).

■ For the reasons stated in the preamble, 

HUD amends 24 CFR part 7 as follows:

PART 7—EQUAL EMPLOYMENT 

OPPORTUNITY; POLICY, 

PROCEDURES AND PROGRAMS

■ 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.

■ 2. Revise § 7.1 to read as follows:

§ 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, 

Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Rules and Regulations 62173

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.

■ 3. In § 7.2, remove the definition of 

‘‘AE’’ and revise the definition of ‘‘EEO 

Officer Pro Tem’’ to read as follows:

§ 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 Secretarycomparable 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 Secretarycomparable.

* * * * *

■ 4. Revise § 7.4 to read as follows:

§ 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.

■ 5. In § 7.10, revise paragraphs (a), (b), 

(c), and (e) to read as follows:

§ 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;

* * * * *

■ 6. In § 7.11, revise paragraphs (a), (b), 

(c), (g), and (j) to read as follows:

§ 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;

* * * * *

■ 7. In § 7.13, paragraphs (a), (g), and (i) 

are revised to read as follows:

§ 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;

* * * * *

■ 8. In § 7.14, revise paragraphs (e), (g), 

(h)(4), (i), and (l) to read as follows:

§ 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;

* * * * *

62174 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Rules and Regulations 

(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;

* * * * *

■ 9. In § 7.15, revise paragraphs (a), (b), 

and (f) to read as follows:

§ 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;

* * * * *

■ 10. In § 7.16, revise paragraphs (a) and 

(d) to read as follows:

§ 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

* * * * *

■ 11. Revise § 7.45(a) to read as follows:

§ 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