Coordination of Functions; Memorandum of Understanding, 71029-71032 [2011-29568]

Download as PDF Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices EPA may not be able to consider your comment. Use of the http://www.regulations.gov Web site to submit comments to EPA electronically is EPA’s preferred method for receiving comments. The electronic public docket system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA’s electronic public docket, EPA’s electronic mail (email) system is not an ‘‘anonymous access’’ system. If you send an email comment directly to the Docket without going through http://www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. Dated: November 4, 2011. Kevin McLean, Acting Associate General Counsel. [FR Doc. 2011–29644 Filed 11–15–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9492–5; Docket ID No. EPA–HQ–ORD– 2011–0671] Draft Toxicological Review of nButanol: In Support of Summary Information on the Integrated Risk Information System (IRIS) Environmental Protection Agency (EPA). ACTION: Notice of public comment period; extension. AGENCY: EPA announced a 60-day public comment period on August 31, 2011 (76 FR 54227) for the external review draft human health assessment titled, ‘‘Toxicological Review of nButanol: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ (EPA/635/ R–11/081A). On September 15, 2011, the public comment period was extended by one week because of a oneweek delay in the release of the Toxicological Review to the public (76 FR 57033). In this Notice, EPA is extending the public comment period an additional 30 days to December 7, 2011, at the request of the American Chemistry Council’s Oxo Process Panel. The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment for the purposes of public mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 comment and peer review. This draft assessment is not final as described in EPA’s information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits. DATES: The public comment period will be extended to end December 7, 2011. Comments should be in writing and must be received by EPA by December 7, 2011. ADDRESSES: The draft ‘‘Toxicological Review of n-Butanol: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ is available primarily via the Internet on the NCEA home page under the Recent Additions and Publications menus at http://www.epa.gov/ncea. A limited number of paper copies are available from the Information Management Team (Address: Information Management Team, National Center for Environmental Assessment (Mail Code: 8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone: (703) 347–8561; facsimile: (703) 347– 8691). If you request a paper copy, please provide your name, mailing address, and the draft assessment title. Comments may be submitted electronically via http:// www.regulations.gov, by email, by mail, by facsimile, or by hand delivery/ courier. Please follow the detailed instructions provided in the SUPPLEMENTARY INFORMATION section of the August 31, 2011, Notice (76 FR 54227). SUPPLEMENTARY INFORMATION: For information on the docket, www.regulations.gov, or the public comment period, please contact the Office of Environmental Information (OEI) Docket (Mail Code: 28221T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 71029 DC 20460; telephone: (202) 566–1752; facsimile: (202) 566–9744; or email: ORD.Docket@epa.gov. For information on the draft assessment, please contact Dr. Ambuja Bale, National Center for Environmental Assessment (8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (703) 347–8643; facsimile: (703) 347–8689; or email: FRN_Questions@epa.gov. Dated: November 9, 2011. Darrell A. Winner, Acting Director, National Center for Environmental Assessment. [FR Doc. 2011–29650 Filed 11–15–11; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Coordination of Functions; Memorandum of Understanding Equal Employment Opportunity Commission. ACTION: Notice. AGENCY: The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) have updated their Memorandum of Understanding (MOU), last published at 64 FR.17,664 (April 12, 1999). These updates include: using contemporary office names and titles; designating a ‘‘Coordination Advocate’’ at both agencies; reorganizing and/or condensing language for clarity; streamlining the Compliance Coordination Committees; and clarifying the complaint/charge referral procedures. FOR FURTHER INFORMATION CONTACT: Claudia Gordon, Special Assistant to the Director, Office of Federal Contract Compliance Programs, Department of Labor, (202) 693–1073; Tanisha R. Wilburn, Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission, (202) 663–4909 (voice), (202) 663–7026 (TTY). SUPPLEMENTARY INFORMATION: The purpose of this Memorandum of Understanding (MOU) is to further the agencies’ joint objectives in ensuring equal employment opportunities for applicants and employees under Title VII of the Civil Rights Act of 1964 (Title VII) and Executive Order 11246 (E.O. 11246), to promote greater efficiency and coordination, and to eliminate conflict and duplication of effort. The agencies first entered into this MOU on SUMMARY: E:\FR\FM\16NON1.SGM 16NON1 71030 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices May 20, 1970, and revised it in 1974, 1981, and most recently in 1999. In this update, the agencies edited the MOU’s Introduction and added paragraphs 1 and 10 to support coordination generally and specifically to create a Coordination Advocate at each agency. They edited paragraph 6 to clarify the tasks of the Compliance Coordination Committees at Headquarters and Field offices. They also explained that disability complaints/charges are not coordinated under this MOU, but rather pursuant to the 1992 joint regulation at 29 CFR part 1641 and 41 CFR part 60–742 (‘‘joint disability regulation’’). To improve the clarity of the MOU’s provisions describing the referral process for complaints/charges under Title VII and E.O.11246, the agencies revised paragraph 7 and added new paragraph 8. Thus, language formerly in paragraph 7(d) of the 1999 MOU was moved to the beginning of paragraph 7(a), to state that OFCCP is the EEOC’s agent to accept the Title VII component of an E.O. 11246 complaint. Consistent with equivalent provisions in the agencies’ 1992 joint disability regulation, OFCCP expressly agreed to refer complaints to the EEOC when OFCCP determines that it lacks jurisdiction, and EEOC made a similar referral pledge in new paragraph 8. See 29 CFR 1641.5(d) and § 1641.6(c). In both instances, the date of filing with the first agency is deemed the date of filing with the second. Finally, the agencies updated the description of DOL’s structure and the titles of officials at both agencies. They also made minor editorial changes. The text of the revised MOU follows below. The major changes to the MOU are in paragraphs 1(a), 6(a), 7(a), 8 and 10. The revised MOU is also available on the EEOC’s Home Page at http:// www.eeoc.gov and OFCCP’s Home Page at http://www.dol.gov/ofccp. Dated: November 9, 2011. Jacqueline A. Berrien, Chair, Equal Employment Opportunity Commission. mstockstill on DSK4VPTVN1PROD with NOTICES * * * * * Memorandum of Understanding Between U.S. Department of Labor and Equal Employment Opportunity Commission The U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) first entered into this Memorandum of Understanding (MOU) in 1970 to further the objectives of Congress under Title VII of the Civil VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 Rights Act of 1964, as amended (Title VII), in coordination with Executive Order 11246, 30 FR 12319, as amended (E.O. 11246), and Executive Order 12067, 43 FR 28967 (E.O. 12067) (the EEOC’s government-wide coordination authority). This MOU broadly promotes interagency coordination in the enforcement of equal employment opportunity (EEO) laws and also serves to maximize effort, promote efficiency, and eliminate conflict, competition, duplication, and inconsistency among the operations, functions and jurisdictions of the parties to the MOU. It includes specific coordination procedures for complaints/charges of employment discrimination filed with OFCCP under E.O. 11246 and/or Title VII, which deal with discrimination on the basis of race, color, religion, sex, or national origin. Further, the MOU includes provisions for sharing information as appropriate and to the extent allowable under law. This MOU sets forth the complaint/ charge referral procedures and information sharing provisions between the agencies as they relate to the enforcement of Title VII and E.O. 11246. However, the agencies’ Compliance Coordination Committees (¶ 6) are not limited to these two requirements, and may consult on any other topic that will enhance the agencies’ mutual enforcement interests under any of the laws within their respective jurisdiction. This MOU does not extensively discuss interagency coordination efforts involving disability and other bases, apart from the broad mandate for the agencies’ Compliance Coordination Committees (¶ 6). In 1992, the EEOC and OFCCP issued joint procedural regulations providing for information sharing, confidentiality, and complaint/charge referral under Title I of the Americans with Disabilities Act and Section 503 of the Rehabilitation Act. See 29 CFR part 1641 (EEOC), and 41 CFR part 60–742 (OFCCP). The parties to this MOU agree as follows: 1. Sharing Information (a) EEOC and OFCCP shall share any information relating to the employment policies and/or practices of employers holding government contracts or subcontracts that supports the enforcement mandates of each agency as well as their joint enforcement efforts. Such information shall include, but is not limited to, affirmative action programs, annual employment reports, complaints, charges, investigative files, and compliance evaluation reports and files. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 (b) OFCCP shall make available to the appropriate requesting official of the EEOC or his or her designee for inspection and copying and/or loan, any documents in its possession pertaining to the effective enforcement or administration of any laws or requirements enforced by the EEOC including: (i) Title VII; (ii) the Equal Pay Act of 1963 (EPA); (iii) the Age Discrimination in Employment Act of 1967 (ADEA); (iv) the Genetic Information Nondiscrimination Act of 2008 (GINA); (v) the Americans with Disabilities Act (ADA) (in accordance with 29 CFR part 1641); and (vi) E.O. 12067. All documents will be made available within ten days of such request, or as soon as practical thereafter. Disclosure of such material by EEOC shall be in accordance with paragraphs 4 and 5 of this Agreement. All transfers of information under this and other paragraphs of this MOU shall only be made where not otherwise prohibited by law and in accordance with paragraph 5 of this Agreement. (c) The EEOC shall make available to the appropriate requesting official of the OFCCP or his or her designee for inspection and copying and/or loan any documents pertaining to the enforcement and administration of (i) E.O. 11246; (ii) the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. § 4212; (iii) Section 503 of the Rehabilitation Act of 1973 (in accordance with 41 CFR part 60–742); and (iv) E.O. 12067. All documents in its possession (or to which it has access through a work-sharing agreement as described in paragraph 4(b) of this Agreement) will be made available within ten days of such request, or as soon as practical thereafter. Disclosure of such material by OFCCP shall be in accordance with paragraphs 4 and 5 of this Agreement. 2. ‘‘Appropriate Requesting Officials’’ shall, for the purpose of this Agreement, include the following officials and staff: (a) For the EEOC— (1) The Chair (2) A Commissioner (3) The General Counsel (4) The Deputy General Counsel (5) The Associate General Counsel (6) The Legal Counsel (7) The Director of the Office of Research, Information and Planning (8) Any Regional Attorney (9) Any EEOC District, Field, Area or Local Office Director (10) Director, Office of Field Programs (b) For the DOL/OFCCP— (1) The Secretary or Deputy Secretary of Labor E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices (2) The Solicitor or Deputy Solicitor of Labor (3) The Director or Deputy Director, OFCCP (4) Any Associate Solicitor (5) Any OFCCP Regional, District or Area Office Director (6) Any Regional Solicitor of Labor (7) Any OFCCP Division Director 3. Requests directed to a headquarters office of one agency from a field office of the other shall first be forwarded through the headquarters of the requesting agency. Responses to all requests for information shall be made to the official making such request, or his/her designee. mstockstill on DSK4VPTVN1PROD with NOTICES 4. Disclosure of Information (a) All requests by third parties to this Agreement, including charging parties, respondents, and their attorneys, for disclosure of information shall be coordinated with the agency that initially compiled or collected the information. The decision of that agency regarding disclosure shall be honored. (b) Subparagraph 4(a), above, is not applicable to requests for data in EEOC files made by any state or local agency designated as a 706 agency with whom EEOC has a current charge resolution contract and a work-sharing agreement containing provisions required by Sections 706 and 709 of Title VII. Provided, however, that any such agency shall not disclose to third parties, including charging parties, respondents, and their attorneys, any of the information initially collected or compiled by OFCCP without express written approval by the Director, OFCCP. 5. Confidentiality (a) When EEOC provides information to OFCCP, the confidentiality requirements of sections 706(b) and 709(e) of Title VII, apply to that information. When OFCCP receives the same information from a source independent of EEOC, the preceding sentence does not preclude disclosure of the information received from the independent source. However, OFCCP will also observe any confidentiality requirements imposed on such information by the Trade Secrets Act or the Privacy Act. (b) When OFCCP obtains information from its receipt, investigation, and processing of the Title VII component of a dual filed charge, or when OFCCP creates documents that exclusively concern the Title VII component of a dual filed charge, OFCCP will observe any confidentiality requirements imposed on such information by the Trade Secrets Act, the Privacy Act, and VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 sections 706(b) and 709(e) of the Civil Rights Act of 1964. (c) Questions concerning confidentiality under Title VII, the EPA, the ADA or GINA shall be directed to EEOC’s Office of Legal Counsel. (d) Questions concerning confidentiality under E.O. 11246, 38 U.S.C. § 4212 (Section 402 of VEVRAA), or Section 503 of the Rehabilitation Act shall be directed to OFCCP, Director, Division of Program Operations. 6. EEOC and OFCCP shall establish procedures for notification and consultation at various stages of their respective compliance activities in order to develop potential joint enforcement initiatives, increase efficiency, ensure coordination and minimize duplication. Such procedures shall include: (a) Establishment of ongoing Compliance Coordination Committees (CCC)— 1. Field Committees: OFCCP’s and EEOC’s District Directors and Regional Attorneys will meet, not less than biannually, to review enforcement priorities, systemic investigations of mutual interest, compliance review schedules, potential Commissioner Charges, and potential litigation. The Field Committees will work to increase efficiency, and eliminate competition and duplication, and may engage in consultation regarding any topic that enhances the agencies’ mutual enforcement interests. In addition to sharing information about investigations of discrimination based on race, color, religion, sex, and national origin, the Field Committees may also share information related to the enforcement of the EPA, the ADEA, GINA, and the ADA and Section 503 of the Rehabilitation Act (in accordance with 29 CFR part 1641 (EEOC) and 41 CFR part 60–742 (OFCCP)). 2. Headquarters Committee: Representatives from OFCCP’s and EEOC’s Headquarters shall meet not less than biannually to discuss topics of mutual interest to both agencies, including, but not limited to: (i) Procedures for routine access to and exchanges of electronic databases, including, but not limited to, lists of proposed and completed compliance evaluations; systemic and individual investigation files; and conciliation agreements and settlements; (ii) Consistent analytical approaches to identifying and remedying employment discrimination under Title VII; (iii) Joint and cross-training programs and materials; (iv) Joint policy statements; and (v) Procedures for coordinated collection, sharing and analysis of data. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 71031 (b) Contact by each agency at the commencement of and during a field investigation or compliance evaluation where appropriate to obtain information in the possession of the agency on the employer being investigated. (c) Notification of OFCCP when EEOC has made a finding of cause, determined that attempts to conciliate have been unsuccessful, decided not to file a lawsuit, and learned or believes that the respondent is a federal contractor subject to E.O. 11246. (d) Consultation with the appropriate field office of OFCCP when an EEOC field office is contemplating recommending a Commissioner Charge or litigation, and coordination of its activities. (e) Consultation with the appropriate field office of EEOC when an OFCCP Regional Office is contemplating recommending the issuance of an administrative complaint and coordination of its activities. 7. Receipt, Investigation, Processing, and Resolution of Complaints Filed with OFCCP (a) Dual-Filed Complaints/Charges— Pursuant to this MOU, OFCCP shall act as EEOC’s agent for the purposes of receiving the Title VII component of all complaints/charges. All complaints/ charges of employment discrimination filed with OFCCP alleging a Title VII basis (race, color, religion, sex, national origin, or retaliation) shall be received as complaints/charges simultaneously dual-filed under Title VII. In determining the timeliness of such complaint/charge, the date the matter is received by OFCCP, acting as EEOC’s agent, shall be deemed the date it is received by EEOC. When OFCCP receives such a complaint/charge and determines that the employer is not a federal contractor subject to E.O. 11246, it shall transfer the charge to EEOC within 10 days of that determination and notify the parties. Such notification shall explain that OFCCP, as EEOC’s agent, has received the Title VII charge and that the date OFCCP received it will be deemed the date it was received by EEOC. (b) Systemic or Class Allegations— OFCCP will retain, investigate, process, and resolve allegations of discrimination of a systemic or class nature on a Title VII basis in dual filed complaints/charges. OFCCP will promptly notify EEOC of OFCCP’s receipt of such allegations, by forwarding a copy of the complaint/ charge (and third party certificate, if any). OFCCP shall make available to EEOC, upon request, information obtained in processing such allegations, E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 71032 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices pursuant to paragraphs 1 and 6(b) herein. However, in appropriate cases, the EEOC may request that it be referred such allegations to avoid duplication of effort and to ensure effective law enforcement. (c) Individual Allegations—OFCCP will refer to EEOC allegations of discrimination of an individual nature on a Title VII basis in dual filed complaints/charges. However, in appropriate cases, OFCCP may request that it retain such allegations so as to avoid duplication and to ensure effective law enforcement. (d) Investigating, Processing and Resolving Dual-Filed Complaints/ Charges—OFCCP will act as EEOC’s agent for the purposes of investigating, processing and resolving the Title VII component of dual filed complaints/ charges that it retains under this paragraph. OFCCP shall investigate, process and resolve such complaints/ charges as set forth in this subparagraph, and in a manner consistent with Title VII principles on liability and relief. (1) Notice of Receipt of Complaint/ Charge—Within ten days of receipt, OFCCP shall notify the contractor/ respondent that it has received a complaint/charge of employment discrimination under E.O. 11246 and Title VII. This notification shall include a copy of the complaint/charge, if taken on OFCCP’s complaint form, or otherwise state the name of the charging party, respondent, date, place and circumstances of the alleged unlawful employment practice(s). (2) Fair Employment Practice Agency (FEPA) Deferral Period—Pursuant to work-sharing agreements between EEOC and state and local agencies designated as fair employment practice agencies, the deferral period for dual filed Title VII complaints/charges that OFCCP receives will be waived. (3) Not Reasonable Cause Findings— If the OFCCP investigation of a dual filed complaint/charge results in a not reasonable cause finding under Title VII, OFCCP will issue a Title VII dismissal and notice of right-to-sue, close the Title VII component of the complaint/charge and promptly notify EEOC’s Director, Office of Field Programs, of the closure. (4) Reasonable Cause Findings—If the OFCCP investigation of a dual filed complaint/charge results in a reasonable cause finding under Title VII, OFCCP will issue a reasonable cause finding under Title VII. OFCCP will attempt conciliation to obtain relief, consistent with EEOC’s standards for remedies, for all aggrieved persons covered by the Title VII finding. VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 (i) Successful Conciliation— Conciliation agreements will state that the complainant/charging party agrees to waive the right to pursue the subject issues further under Title VII. OFCCP will close the Title VII component of the complaint/charge, and promptly notify EEOC. (ii) Unsuccessful Conciliation—If conciliation is not successful, OFCCP will consider the E.O. 11246 component of the complaint/charge for further processing under its usual procedures. At the conclusion of OFCCP processing, it shall transmit the Title VII charge component to EEOC for any action EEOC deems appropriate. If EEOC declines to pursue further action, it will close the Title VII charge and issue a notice of right-to-sue. (5) Issuance of Notice of Right-to-Sue Upon Request—Consistent with 29 C.F.R. § 1601.28, once 180 days have passed from the date the complaint/ charge was filed, OFCCP shall promptly issue upon request a notice of right-tosue on the Title VII component of a complaint/charge that it has retained. Issuance of a notice of right-to-sue shall terminate OFCCP processing of the Title VII component of the complaint/charge unless it is determined at that time, or at a later time, that it would effectuate the purposes of Title VII to further process the Title VII component of the complaint/charge. (6) Subsequent Attempts to File a Charge with EEOC Covering the Same Facts and Issues—If an individual who has already filed an OFCCP complaint/ charge that is dual-filed under Title VII subsequently files a Title VII charge with EEOC covering the same facts and issues, EEOC will forward the charge to OFCCP for consolidated processing. 8. Complaints Misfiled with EEOC— When EEOC receives a complaint not within its purview, but over which it believes OFCCP has jurisdiction, it will refer the complaint to OFCCP. In determining the timeliness of such complaint, the date the matter is received by EEOC shall be deemed the date it is received by OFCCP. 9. EEOC and OFCCP shall conduct periodic reviews of the implementation of this agreement, on an ongoing basis. 10. Coordination Advocate—OFCCP and EEOC seek to ensure consistent compliance and enforcement standards and procedures, and to make the most efficient use of their available resources through coordination. Therefore, within sixty (60) days of the effective date of this MOU, the headquarters offices of each agency shall appoint a Coordination Advocate who will be available to assist, as necessary, in obtaining a full understanding of, and PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 compliance with, the procedures set forth in this MOU. 11. Effect of Agreement This agreement is an internal Government agreement and is not intended to confer any rights against the United States, its agencies, or its officers upon any private person. Nothing in this agreement shall be interpreted as limiting, superseding or otherwise affecting either party’s normal operations or decisions in carrying out its statutory, Executive Order, or regulatory duties. This agreement does not limit or restrict the parties from participating in similar activities or arrangements with other entities. This agreement does not itself authorize the expenditure or reimbursement of any funds. Nothing in this agreement obligates the parties to expend appropriations or enter into any contract or other obligations. 12. Effective Date. This MOU will take effect once signed by both parties. 13. Signatures Dated: 11/7/2011. /s/ lllllllllllllllllll Patricia A. Shiu, Director, Office of Federal Contract Compliance Programs. Dated: 11/7/2011. /s/ lllllllllllllllllll Jacqueline A. Berrien, Chair, Equal Employment Opportunity Commission. [FR Doc. 2011–29568 Filed 11–15–11; 8:45 am] BILLING CODE 6570–01–P FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Renewal of FASAB Charter Federal Accounting Standards Advisory Board. ACTION: Notice. AGENCY: Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92–463), as amended, and the FASAB Rules of Procedure, as amended in October 2010, notice is hereby given that under the authority and in furtherance of the objectives of 31 U.S.C. 3511(d), the Secretary of the Treasury, the Director of OMB, and the Comptroller General (the Sponsors) have established and agreed to continue an advisory committee to consider and recommend accounting standards and principles for the federal government. For Further Information, or to Obtain a Copy of the Charter, Contact: Ms. Wendy M. Payne, Executive Director, E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71029-71032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29568]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Coordination of Functions; Memorandum of Understanding

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Equal Employment Opportunity Commission (EEOC) and the 
U.S. Department of Labor (DOL), Office of Federal Contract Compliance 
Programs (OFCCP) have updated their Memorandum of Understanding (MOU), 
last published at 64 FR.17,664 (April 12, 1999). These updates include: 
using contemporary office names and titles; designating a 
``Coordination Advocate'' at both agencies; reorganizing and/or 
condensing language for clarity; streamlining the Compliance 
Coordination Committees; and clarifying the complaint/charge referral 
procedures.

FOR FURTHER INFORMATION CONTACT: Claudia Gordon, Special Assistant to 
the Director, Office of Federal Contract Compliance Programs, 
Department of Labor, (202) 693-1073; Tanisha R. Wilburn, Senior 
Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity 
Commission, (202) 663-4909 (voice), (202) 663-7026 (TTY).

SUPPLEMENTARY INFORMATION: The purpose of this Memorandum of 
Understanding (MOU) is to further the agencies' joint objectives in 
ensuring equal employment opportunities for applicants and employees 
under Title VII of the Civil Rights Act of 1964 (Title VII) and 
Executive Order 11246 (E.O. 11246), to promote greater efficiency and 
coordination, and to eliminate conflict and duplication of effort. The 
agencies first entered into this MOU on

[[Page 71030]]

May 20, 1970, and revised it in 1974, 1981, and most recently in 1999.
    In this update, the agencies edited the MOU's Introduction and 
added paragraphs 1 and 10 to support coordination generally and 
specifically to create a Coordination Advocate at each agency. They 
edited paragraph 6 to clarify the tasks of the Compliance Coordination 
Committees at Headquarters and Field offices. They also explained that 
disability complaints/charges are not coordinated under this MOU, but 
rather pursuant to the 1992 joint regulation at 29 CFR part 1641 and 41 
CFR part 60-742 (``joint disability regulation'').
    To improve the clarity of the MOU's provisions describing the 
referral process for complaints/charges under Title VII and E.O.11246, 
the agencies revised paragraph 7 and added new paragraph 8. Thus, 
language formerly in paragraph 7(d) of the 1999 MOU was moved to the 
beginning of paragraph 7(a), to state that OFCCP is the EEOC's agent to 
accept the Title VII component of an E.O. 11246 complaint. Consistent 
with equivalent provisions in the agencies' 1992 joint disability 
regulation, OFCCP expressly agreed to refer complaints to the EEOC when 
OFCCP determines that it lacks jurisdiction, and EEOC made a similar 
referral pledge in new paragraph 8. See 29 CFR 1641.5(d) and Sec.  
1641.6(c). In both instances, the date of filing with the first agency 
is deemed the date of filing with the second.
    Finally, the agencies updated the description of DOL's structure 
and the titles of officials at both agencies. They also made minor 
editorial changes.
    The text of the revised MOU follows below. The major changes to the 
MOU are in paragraphs 1(a), 6(a), 7(a), 8 and 10. The revised MOU is 
also available on the EEOC's Home Page at http://www.eeoc.gov and 
OFCCP's Home Page at http://www.dol.gov/ofccp.

     Dated: November 9, 2011.
Jacqueline A. Berrien,
Chair, Equal Employment Opportunity Commission.
* * * * *

Memorandum of Understanding Between U.S. Department of Labor and Equal 
Employment Opportunity Commission

    The U.S. Department of Labor, Office of Federal Contract Compliance 
Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) 
first entered into this Memorandum of Understanding (MOU) in 1970 to 
further the objectives of Congress under Title VII of the Civil Rights 
Act of 1964, as amended (Title VII), in coordination with Executive 
Order 11246, 30 FR 12319, as amended (E.O. 11246), and Executive Order 
12067, 43 FR 28967 (E.O. 12067) (the EEOC's government-wide 
coordination authority). This MOU broadly promotes interagency 
coordination in the enforcement of equal employment opportunity (EEO) 
laws and also serves to maximize effort, promote efficiency, and 
eliminate conflict, competition, duplication, and inconsistency among 
the operations, functions and jurisdictions of the parties to the MOU. 
It includes specific coordination procedures for complaints/charges of 
employment discrimination filed with OFCCP under E.O. 11246 and/or 
Title VII, which deal with discrimination on the basis of race, color, 
religion, sex, or national origin. Further, the MOU includes provisions 
for sharing information as appropriate and to the extent allowable 
under law.
    This MOU sets forth the complaint/charge referral procedures and 
information sharing provisions between the agencies as they relate to 
the enforcement of Title VII and E.O. 11246. However, the agencies' 
Compliance Coordination Committees (] 6) are not limited to these two 
requirements, and may consult on any other topic that will enhance the 
agencies' mutual enforcement interests under any of the laws within 
their respective jurisdiction. This MOU does not extensively discuss 
interagency coordination efforts involving disability and other bases, 
apart from the broad mandate for the agencies' Compliance Coordination 
Committees (] 6). In 1992, the EEOC and OFCCP issued joint procedural 
regulations providing for information sharing, confidentiality, and 
complaint/charge referral under Title I of the Americans with 
Disabilities Act and Section 503 of the Rehabilitation Act. See 29 CFR 
part 1641 (EEOC), and 41 CFR part 60-742 (OFCCP).
    The parties to this MOU agree as follows:
1. Sharing Information
    (a) EEOC and OFCCP shall share any information relating to the 
employment policies and/or practices of employers holding government 
contracts or subcontracts that supports the enforcement mandates of 
each agency as well as their joint enforcement efforts. Such 
information shall include, but is not limited to, affirmative action 
programs, annual employment reports, complaints, charges, investigative 
files, and compliance evaluation reports and files.
    (b) OFCCP shall make available to the appropriate requesting 
official of the EEOC or his or her designee for inspection and copying 
and/or loan, any documents in its possession pertaining to the 
effective enforcement or administration of any laws or requirements 
enforced by the EEOC including: (i) Title VII; (ii) the Equal Pay Act 
of 1963 (EPA); (iii) the Age Discrimination in Employment Act of 1967 
(ADEA); (iv) the Genetic Information Nondiscrimination Act of 2008 
(GINA); (v) the Americans with Disabilities Act (ADA) (in accordance 
with 29 CFR part 1641); and (vi) E.O. 12067. All documents will be made 
available within ten days of such request, or as soon as practical 
thereafter. Disclosure of such material by EEOC shall be in accordance 
with paragraphs 4 and 5 of this Agreement. All transfers of information 
under this and other paragraphs of this MOU shall only be made where 
not otherwise prohibited by law and in accordance with paragraph 5 of 
this Agreement.
    (c) The EEOC shall make available to the appropriate requesting 
official of the OFCCP or his or her designee for inspection and copying 
and/or loan any documents pertaining to the enforcement and 
administration of (i) E.O. 11246; (ii) the affirmative action 
provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 
1974, 38 U.S.C. Sec.  4212; (iii) Section 503 of the Rehabilitation Act 
of 1973 (in accordance with 41 CFR part 60-742); and (iv) E.O. 12067. 
All documents in its possession (or to which it has access through a 
work-sharing agreement as described in paragraph 4(b) of this 
Agreement) will be made available within ten days of such request, or 
as soon as practical thereafter. Disclosure of such material by OFCCP 
shall be in accordance with paragraphs 4 and 5 of this Agreement.
    2. ``Appropriate Requesting Officials'' shall, for the purpose of 
this Agreement, include the following officials and staff:
    (a) For the EEOC--

(1) The Chair
(2) A Commissioner
(3) The General Counsel
(4) The Deputy General Counsel
(5) The Associate General Counsel
(6) The Legal Counsel
(7) The Director of the Office of Research, Information and Planning
(8) Any Regional Attorney
(9) Any EEOC District, Field, Area or Local Office Director
(10) Director, Office of Field Programs

    (b) For the DOL/OFCCP--

(1) The Secretary or Deputy Secretary of Labor

[[Page 71031]]

(2) The Solicitor or Deputy Solicitor of Labor
(3) The Director or Deputy Director, OFCCP
(4) Any Associate Solicitor
(5) Any OFCCP Regional, District or Area Office Director
(6) Any Regional Solicitor of Labor
(7) Any OFCCP Division Director

    3. Requests directed to a headquarters office of one agency from a 
field office of the other shall first be forwarded through the 
headquarters of the requesting agency. Responses to all requests for 
information shall be made to the official making such request, or his/
her designee.
4. Disclosure of Information
    (a) All requests by third parties to this Agreement, including 
charging parties, respondents, and their attorneys, for disclosure of 
information shall be coordinated with the agency that initially 
compiled or collected the information. The decision of that agency 
regarding disclosure shall be honored.
    (b) Subparagraph 4(a), above, is not applicable to requests for 
data in EEOC files made by any state or local agency designated as a 
706 agency with whom EEOC has a current charge resolution contract and 
a work-sharing agreement containing provisions required by Sections 706 
and 709 of Title VII. Provided, however, that any such agency shall not 
disclose to third parties, including charging parties, respondents, and 
their attorneys, any of the information initially collected or compiled 
by OFCCP without express written approval by the Director, OFCCP.
5. Confidentiality
    (a) When EEOC provides information to OFCCP, the confidentiality 
requirements of sections 706(b) and 709(e) of Title VII, apply to that 
information. When OFCCP receives the same information from a source 
independent of EEOC, the preceding sentence does not preclude 
disclosure of the information received from the independent source. 
However, OFCCP will also observe any confidentiality requirements 
imposed on such information by the Trade Secrets Act or the Privacy 
Act.
    (b) When OFCCP obtains information from its receipt, investigation, 
and processing of the Title VII component of a dual filed charge, or 
when OFCCP creates documents that exclusively concern the Title VII 
component of a dual filed charge, OFCCP will observe any 
confidentiality requirements imposed on such information by the Trade 
Secrets Act, the Privacy Act, and sections 706(b) and 709(e) of the 
Civil Rights Act of 1964.
    (c) Questions concerning confidentiality under Title VII, the EPA, 
the ADA or GINA shall be directed to EEOC's Office of Legal Counsel.
    (d) Questions concerning confidentiality under E.O. 11246, 38 
U.S.C. Sec.  4212 (Section 402 of VEVRAA), or Section 503 of the 
Rehabilitation Act shall be directed to OFCCP, Director, Division of 
Program Operations.
    6. EEOC and OFCCP shall establish procedures for notification and 
consultation at various stages of their respective compliance 
activities in order to develop potential joint enforcement initiatives, 
increase efficiency, ensure coordination and minimize duplication. Such 
procedures shall include:
    (a) Establishment of ongoing Compliance Coordination Committees 
(CCC)--
    1. Field Committees: OFCCP's and EEOC's District Directors and 
Regional Attorneys will meet, not less than biannually, to review 
enforcement priorities, systemic investigations of mutual interest, 
compliance review schedules, potential Commissioner Charges, and 
potential litigation. The Field Committees will work to increase 
efficiency, and eliminate competition and duplication, and may engage 
in consultation regarding any topic that enhances the agencies' mutual 
enforcement interests. In addition to sharing information about 
investigations of discrimination based on race, color, religion, sex, 
and national origin, the Field Committees may also share information 
related to the enforcement of the EPA, the ADEA, GINA, and the ADA and 
Section 503 of the Rehabilitation Act (in accordance with 29 CFR part 
1641 (EEOC) and 41 CFR part 60-742 (OFCCP)).
    2. Headquarters Committee: Representatives from OFCCP's and EEOC's 
Headquarters shall meet not less than biannually to discuss topics of 
mutual interest to both agencies, including, but not limited to:
    (i) Procedures for routine access to and exchanges of electronic 
databases, including, but not limited to, lists of proposed and 
completed compliance evaluations; systemic and individual investigation 
files; and conciliation agreements and settlements;
    (ii) Consistent analytical approaches to identifying and remedying 
employment discrimination under Title VII;
    (iii) Joint and cross-training programs and materials;
    (iv) Joint policy statements; and
    (v) Procedures for coordinated collection, sharing and analysis of 
data.
    (b) Contact by each agency at the commencement of and during a 
field investigation or compliance evaluation where appropriate to 
obtain information in the possession of the agency on the employer 
being investigated.
    (c) Notification of OFCCP when EEOC has made a finding of cause, 
determined that attempts to conciliate have been unsuccessful, decided 
not to file a lawsuit, and learned or believes that the respondent is a 
federal contractor subject to E.O. 11246.
    (d) Consultation with the appropriate field office of OFCCP when an 
EEOC field office is contemplating recommending a Commissioner Charge 
or litigation, and coordination of its activities.
    (e) Consultation with the appropriate field office of EEOC when an 
OFCCP Regional Office is contemplating recommending the issuance of an 
administrative complaint and coordination of its activities.
7. Receipt, Investigation, Processing, and Resolution of Complaints 
Filed with OFCCP
    (a) Dual-Filed Complaints/Charges--Pursuant to this MOU, OFCCP 
shall act as EEOC's agent for the purposes of receiving the Title VII 
component of all complaints/charges. All complaints/charges of 
employment discrimination filed with OFCCP alleging a Title VII basis 
(race, color, religion, sex, national origin, or retaliation) shall be 
received as complaints/charges simultaneously dual-filed under Title 
VII. In determining the timeliness of such complaint/charge, the date 
the matter is received by OFCCP, acting as EEOC's agent, shall be 
deemed the date it is received by EEOC. When OFCCP receives such a 
complaint/charge and determines that the employer is not a federal 
contractor subject to E.O. 11246, it shall transfer the charge to EEOC 
within 10 days of that determination and notify the parties. Such 
notification shall explain that OFCCP, as EEOC's agent, has received 
the Title VII charge and that the date OFCCP received it will be deemed 
the date it was received by EEOC.
    (b) Systemic or Class Allegations--OFCCP will retain, investigate, 
process, and resolve allegations of discrimination of a systemic or 
class nature on a Title VII basis in dual filed complaints/charges. 
OFCCP will promptly notify EEOC of OFCCP's receipt of such allegations, 
by forwarding a copy of the complaint/charge (and third party 
certificate, if any). OFCCP shall make available to EEOC, upon request, 
information obtained in processing such allegations,

[[Page 71032]]

pursuant to paragraphs 1 and 6(b) herein. However, in appropriate 
cases, the EEOC may request that it be referred such allegations to 
avoid duplication of effort and to ensure effective law enforcement.
    (c) Individual Allegations--OFCCP will refer to EEOC allegations of 
discrimination of an individual nature on a Title VII basis in dual 
filed complaints/charges. However, in appropriate cases, OFCCP may 
request that it retain such allegations so as to avoid duplication and 
to ensure effective law enforcement.
    (d) Investigating, Processing and Resolving Dual-Filed Complaints/
Charges--OFCCP will act as EEOC's agent for the purposes of 
investigating, processing and resolving the Title VII component of dual 
filed complaints/charges that it retains under this paragraph. OFCCP 
shall investigate, process and resolve such complaints/charges as set 
forth in this subparagraph, and in a manner consistent with Title VII 
principles on liability and relief.
    (1) Notice of Receipt of Complaint/Charge--Within ten days of 
receipt, OFCCP shall notify the contractor/respondent that it has 
received a complaint/charge of employment discrimination under E.O. 
11246 and Title VII. This notification shall include a copy of the 
complaint/charge, if taken on OFCCP's complaint form, or otherwise 
state the name of the charging party, respondent, date, place and 
circumstances of the alleged unlawful employment practice(s).
    (2) Fair Employment Practice Agency (FEPA) Deferral Period--
Pursuant to work-sharing agreements between EEOC and state and local 
agencies designated as fair employment practice agencies, the deferral 
period for dual filed Title VII complaints/charges that OFCCP receives 
will be waived.
    (3) Not Reasonable Cause Findings--If the OFCCP investigation of a 
dual filed complaint/charge results in a not reasonable cause finding 
under Title VII, OFCCP will issue a Title VII dismissal and notice of 
right-to-sue, close the Title VII component of the complaint/charge and 
promptly notify EEOC's Director, Office of Field Programs, of the 
closure.
    (4) Reasonable Cause Findings--If the OFCCP investigation of a dual 
filed complaint/charge results in a reasonable cause finding under 
Title VII, OFCCP will issue a reasonable cause finding under Title VII. 
OFCCP will attempt conciliation to obtain relief, consistent with 
EEOC's standards for remedies, for all aggrieved persons covered by the 
Title VII finding.
    (i) Successful Conciliation--Conciliation agreements will state 
that the complainant/charging party agrees to waive the right to pursue 
the subject issues further under Title VII. OFCCP will close the Title 
VII component of the complaint/charge, and promptly notify EEOC.
    (ii) Unsuccessful Conciliation--If conciliation is not successful, 
OFCCP will consider the E.O. 11246 component of the complaint/charge 
for further processing under its usual procedures. At the conclusion of 
OFCCP processing, it shall transmit the Title VII charge component to 
EEOC for any action EEOC deems appropriate. If EEOC declines to pursue 
further action, it will close the Title VII charge and issue a notice 
of right-to-sue.
    (5) Issuance of Notice of Right-to-Sue Upon Request--Consistent 
with 29 C.F.R. Sec.  1601.28, once 180 days have passed from the date 
the complaint/charge was filed, OFCCP shall promptly issue upon request 
a notice of right-to-sue on the Title VII component of a complaint/
charge that it has retained. Issuance of a notice of right-to-sue shall 
terminate OFCCP processing of the Title VII component of the complaint/
charge unless it is determined at that time, or at a later time, that 
it would effectuate the purposes of Title VII to further process the 
Title VII component of the complaint/charge.
    (6) Subsequent Attempts to File a Charge with EEOC Covering the 
Same Facts and Issues--If an individual who has already filed an OFCCP 
complaint/charge that is dual-filed under Title VII subsequently files 
a Title VII charge with EEOC covering the same facts and issues, EEOC 
will forward the charge to OFCCP for consolidated processing.
    8. Complaints Misfiled with EEOC--When EEOC receives a complaint 
not within its purview, but over which it believes OFCCP has 
jurisdiction, it will refer the complaint to OFCCP. In determining the 
timeliness of such complaint, the date the matter is received by EEOC 
shall be deemed the date it is received by OFCCP.
    9. EEOC and OFCCP shall conduct periodic reviews of the 
implementation of this agreement, on an ongoing basis.
    10. Coordination Advocate--OFCCP and EEOC seek to ensure consistent 
compliance and enforcement standards and procedures, and to make the 
most efficient use of their available resources through coordination. 
Therefore, within sixty (60) days of the effective date of this MOU, 
the headquarters offices of each agency shall appoint a Coordination 
Advocate who will be available to assist, as necessary, in obtaining a 
full understanding of, and compliance with, the procedures set forth in 
this MOU.
11. Effect of Agreement
    This agreement is an internal Government agreement and is not 
intended to confer any rights against the United States, its agencies, 
or its officers upon any private person.
    Nothing in this agreement shall be interpreted as limiting, 
superseding or otherwise affecting either party's normal operations or 
decisions in carrying out its statutory, Executive Order, or regulatory 
duties. This agreement does not limit or restrict the parties from 
participating in similar activities or arrangements with other 
entities.
    This agreement does not itself authorize the expenditure or 
reimbursement of any funds. Nothing in this agreement obligates the 
parties to expend appropriations or enter into any contract or other 
obligations.
    12. Effective Date. This MOU will take effect once signed by both 
parties.
    13. Signatures

    Dated: 11/7/2011.

/s/--------------------------------------------------------------------

Patricia A. Shiu,
Director, Office of Federal Contract Compliance Programs.

    Dated: 11/7/2011.

/s/--------------------------------------------------------------------

Jacqueline A. Berrien,
Chair, Equal Employment Opportunity Commission.

[FR Doc. 2011-29568 Filed 11-15-11; 8:45 am]
BILLING CODE 6570-01-P