Sec. 2. Conditions precedent for implementation of proposed revision of employer information report
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Congress finds the following: The current employer information report EEO–1 requires most employers with 100 or more employees to annually submit employment data for its workforce, categorized by race/ethnicity, gender, and job category, for a total of 180 combinations of data collected. The proposed EEO–1 report expands the data collection to include employee income and hours worked, for a total of 3,660 combinations of data collected. This is an increase in data collection of 1,933 percent.
The primary purpose of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) is to minimize the paperwork burden … for persons resulting from the collecting of information by or for the Federal Government . The staggering increase of data proposed to be collected by the Equal Employment Opportunity Commission through the proposed revision of the EEO–1 report does not comport with that stated purpose of the Paperwork Reduction Act. The Commission failed to provide a detailed explanation of how the Commission will track, verify, compile, ensure confidentiality of, and protect the new information, and how the Commission will use that information in enforcement efforts.
At the end of fiscal year 2015, the Commission had a pending inventory of 76,408 charges of discrimination. During fiscal years 2014 and 2015, the Commission resolved the fewest number of charges since 2010, even though the charge receipts remained stable or declined during that time period. The Commission reported that in 2015, 37.6 percent of EEOC staff expressed concern that their workload is not reasonable, substantially higher than the government-wide average of 26.5 percent .
If the Commission implements the proposed revision of the EEO–1 report, resources and staff that should be dedicated to reducing the pending inventory of charges of discrimination may be used for reviewing the increased data collected through the proposed EEO–1 report, instead of working to resolve such charges and reduce the backlog of such charges. In this section: The term Commission means the Equal Employment Opportunity Commission. The term Department has the meaning given the term Executive department in section 101 of title 5, United States Code.
The term Federal agency means an independent establishment described in section 104(1) of title 5, United States Code. The term proposed report revision means the proposed revision of the employer information report EEO–1 set forth in the notice entitled Agency Information Collection Activities: Revision of the Employer Information Report (EEO–1) and Comment Request (81 Fed. Reg. 5113 (February 1, 2016)). The term revised employer information report means the employer information report EEO–1, after the proposed report revision.
The Commission may not implement the proposed report revision until the date on which the Commission obtains approval of the related collection of information, at the end of the process described in paragraph (5), and meets the requirements of subsection (d)(2). If the Commission implements the proposed report revision before the date of enactment of this Act, the Commission shall cease that implementation on that date and may not resume that implementation or use the data collected from the revised employer information report in its enforcement efforts until the date described in subparagraph (A).
The Commission shall— on an annual basis— collect information from each head of a Department or Federal agency (referred to in this paragraph as the Federal employee information ) that is the same type of employment data information as a private sector employer with 100 or more employees would be required to collect under the revised employer information report; verify, compile, ensure the confidentiality of, and protect the collected Federal employee information; and publish, and make publicly available, the compiled Federal employee information in the aggregate, and analyzed by each Department or Federal agency; on an annual basis— collect and compile information (referred to in this paragraph as the Commission information ) on the number of employees and employee hours required to carry out subparagraph (A), the number of employees and employee hours that were transferred from reducing the number of pending charges of discrimination before the Commission to carry out subparagraph (A), and the cost of carrying out subparagraph (A); and publish, and make publicly available, the compiled Commission information; and on an annual basis— using the information obtained under subparagraph (B), calculate the number of Commission employees and employee hours that will be required for, and the cost of, tracking, verifying, compiling, ensuring confidentiality of, and protecting the information concerning the revised employer information report for private sector employers, and enforcing the requirements related to the report; using the information obtained under subparagraph (B), calculate the number of employees and employee hours that will be transferred from reducing the number of pending charges before the Commission, to carry out such tracking, verification, compiling, ensuring confidentiality, protection, and enforcement; and publish, and make publicly available, information specifying the results of the calculations described in clauses
(i)and (ii). The Commission shall submit to Congress, on an annual basis, a report containing the information published under subparagraphs (A)(iii), (B)(ii), and (C)(iii) of paragraph (2). The Commission shall develop software for archiving, safely storing, maintaining, retrieving, and processing the information collected for the revised employer information report. Once the software is fully developed and operable, the Commission shall create a comprehensive plan for the use of the information collected for the revised employer information report, including a detailed, comprehensive policy with specific examples regarding how the Commission will— track, verify, and compile the information; use the information in its enforcement efforts; ensure confidentiality of the information; and store the information so as to ensure protection from theft or other public dissemination, including how the Commission will enter into data sharing agreements with Departments and Federal agencies. The Commission shall publish, and make publicly available, the comprehensive plan created under clause (i). On completion of the first report under paragraph (3), and comprehensive plan under paragraph (4)(B), the Commission shall comply with the requirements of section 3507 of title 44, United States Code, with respect to the collection of information related to the proposed report provision. In complying with that section, the Commission shall submit to the Director of the Office of Management and Budget, as part of the materials described in subsection (a)(1)(C) of that section, and shall include in the notice described in subsection (a)(1)(D) of such section— the information published under subparagraphs (A)(iii), (B)(ii), and (C)(iii) of paragraph (2); and the comprehensive plan published under paragraph (4)(B). Subsection
(f)of that section 3507 shall not apply to the collection of information described in subparagraph (A). The purposes of this subsection are— to ensure the Commission allocates its resources appropriately by prioritizing complaints of discrimination before implementing the proposed report revision; and therefore, to prohibit the Commission from implementing the proposed report revision until the number of pending charges of discrimination before the Commission is not more than 3,660, the number of data points an employer would be required to provide to the Commission under the proposed report revision. The Commission may not implement the proposed report revision until the Commission reduces its inventory of pending charges to not more than 3,660. If the Commission implements the proposed report revision before the date of enactment of this Act, the Commission shall cease that implementation on that date and may not resume that implementation or use the data collected from the revised employer information report in its enforcement efforts until the Commission reduces its inventory as described in subparagraph (A).
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- 81 FR 5113
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Sec. 2
Conditions precedent for implementation of proposed revision of employer information report
Fed. Reg.81 FR 5113
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