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This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.
Rules and Regulations
Federal Register
77755
Vol. 65, No. 240Wednesday, December 13, 2000
DEPARTMENT OF AGRICULTUREOffice of the Secretary7 CFR Part 2Revision of Delegations of Authority
AGENCY
:
Department of Agriculture.
ACTION
:
Final rule.
SUMMARY
:
This document revises thedelegations of authority from theSecretary of Agriculture and generalofficers of the Department to makedelegations of authority to the Chief Information Officer (CIO) designatedpursuant to the provisions of theClinger-Cohen Act. This document alsorevises the delegations of authority fromthe Secretary of Agriculture and generalofficers of the Department to reflect areorganization in the offices reporting tothe Assistant Secretary forAdministration. This document alsotransfers some offices and functionswhich previously reported to theAssistant Secretary for Administrationto the CIO.
EFFECTIVE DATE
:
December 13, 2000.
FOR FURTHER INFORMATION CONTACT
:
Edwardene Pitcock, Office of HumanResources Management, Department of Agriculture, Room 309 W Jamie L.Whitten Federal Building, Washington,DC 20250, telephone 202–720–3635.
SUPPLEMENTARY INFORMATION
:
In order tocentralize and standardize theDepartment’s Information Technology(IT) systems, procurement and training,the Secretary has named a DepartmentCIO pursuant to the provisions of theClinger-Cohen Act, Pub. L. No. 104–106.The CIO is responsible forDepartmentwide IT system architecture,standardization, guidance, and training.The Office of Information SystemsManagement, which previously reportedto the Assistant Secretary forAdministration (hereinafter referred toas the Assistant Secretary), now reportsto the CIO.The Assistant Secretary hasreorganized the offices which report tohim to better utilize the resources of those offices. This reorganizationrestructured the functions of theseoffices so they can carry out theirmissions in a more effective andefficient manner as they meet the needsof their customers both within theDepartment of Agriculture and in theprivate sector.The Assistant Secretary hasconsolidated all Departmentwide civilrights functions in an Office of CivilRights. This office is headed by aDirector who reports to the AssistantSecretary and who has responsibility forleadership, coordination, and directionrelated to both civil rights programs andequal employment opportunitycomplaints.The Assistant Secretary hasconsolidated all Departmentwidepersonnel functions in an Office of Human Resources Management. ThisOffice, headed by a Director who reportsto the Assistant Secretary and who isresponsible for establishing personnelpolicy for the entire Department of Agriculture (USDA), also providesoperational support to specifiedorganizations within USDA.Also, as part of this reorganization,the Assistant Secretary has been namedthe Director of Small and DisadvantagedBusiness Utilization. The Office of Small and Disadvantaged BusinessUtilization now reports to the AssistantSecretary. This Office previouslyreported to the Deputy Secretary of Agriculture.Additionally, an Office of Procurement, Property, and EmergencyPreparedness has been established. TheOffice is headed by a Director whoreports to the Assistant Secretary. TheDirector is responsible for establishingpolicy related to procurement andproperty management, and for providingservices relating to procurementoperations for projects having anationwide scope and for assignedDepartmental offices. The Director isresponsible for coordinating theDepartment’s programs related toemergency preparedness, nationalsecurity, and disaster emergencyresponse. The Director also isresponsible for designating acompetition advocate to promotecompetition in Departmentalacquisitions.This document revises the delegationsof authority to authorize the AssistantSecretary for Administration to obtainand furnish excess personal property tothe 1890 Land Grant Institutions, 1994Land Grant Institutions and theHispanic-Serving Institutions, insupport of research, educational,technical, and scientific activities or forrelated programs.This document removes from theAssistant Secretary for Administrationauthority related to advisorycommittees. Responsibility for advisorycommittee management will remainwithin the Office of the Secretary.Further, an Office of Planning andCoordination has been established. TheOffice is headed by a Director whoreports to the Assistant Secretary. TheDirector is responsible for providing budget and financial managementcoordination, strategic planningsupport, and quality management to theAssistant Secretary for Administration,and the Director is also responsible forissuing policy and guidance related toconflict resolution programs.Additionally, an Office of Ethics has been established. The Office is headed by a Director who reports foradministrative purposes to the AssistantSecretary. The Director is responsiblefor the Department’s worldwide ethicsprogram which includes providingadvice to all levels of management onethics issues, and developing anddisseminating policy and guidance onethics and conflicts of interest.Lastly, an Office of Outreach has beenestablished. The Office is headed by aDirector who reports to the AssistantSecretary. The Director is responsiblefor ensuring that opportunities areavailable for the provision of information, technical assistance, andtraining to USDA customers withemphasis on under-served populations.The Director is responsible forcoordinating efforts to ensure thatUSDA customers have access to all theDepartment’s programs and services.This rule relates to internal agencymanagement. Therefore, pursuant to 5U.S.C. 553, notice of proposed rulemaking and opportunity for commentare not required, and this rule may bemade effective less than 30 days afterpublication in the
Federal Register
.Further, since this rule relates to
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77756
Federal Register
/Vol. 65, No. 240/Wednesday, December 13, 2000/Rules and Regulations
internal agency management, it isexempt from the provisions of ExecutiveOrder Nos. 12866 and 12988. Inaddition, this action is not a rule asdefined by Pub. L. No. 96–354, theRegulatory Flexibility Act, and, thus, isexempt from the provisions of that Act.Accordingly, as authorized by section808 of the Small Business RegulatoryEnforcement Fairness Act of 1996, Pub.L. No. 10–121, this rule may be madeeffective upon publication in the
Federal Register
.
List of Subjects in 7 CFR Part 2
Authority delegations (Governmentagencies).
PART 2—DELEGATIONS OFAUTHORITY BY THE SECRETARY OFAGRICULTURE AND GENERALOFFICERS OF THE DEPARTMENT
Accordingly, Part 2, Title 7, Code of Federal Regulations is amended asfollows:1. The authority citation for Part 2continues to read as follows:
Authority:
Sec. 212(a), Pub. L. 103–354,108 Stat. 3201, 7 U.S.C. 6912(a)(1); 5 U.S.C.301; Reorganization Plan No. 2 of 1953, 3CFR, 1949–1953 Comp., p. 1024.
Subpart A—General
§2.4[Amended]
2. Section 2.4 is amended by adding‘‘Chief Information Officer;’’ after ‘‘Chief Financial Officer;’’.3. Section 2.24 is amended by revisingparagraphs (a)(2) through (a)(13), addingparagraphs (a)(14) through (a)(17), andrevising paragraph (b) to read as follows:
§2.24Assistant Secretary forAdministration.
(a) ***(2)
Related to small and disadvantaged business utilization.
(i)In compliance with Public Law 95–507,the Assistant Secretary forAdministration is designated as theDepartment’s Director for Small andDisadvantaged Business Utilization. TheDirector of Small and DisadvantagedBusiness Utilization has specificresponsibilities under the SmallBusiness Act, 15 U.S.C. 644(k). Theseduties include being responsible for thefollowing:(A) Administering the Department’ssmall and disadvantaged businessactivities related to procurementcontracts, minority bank deposits, andgrants and loan activities affecting smalland minority businesses includingwomen-owned business, and the small business, small minority business andsmall women-owned businesssubcontracting programs;(B) Providing Departmentwide liaisonand coordination of activities related tosmall, small disadvantaged, andwomen-owned businesses with theSmall Business Administration andothers in public and private sector;(C) Developing policies andprocedures required by the applicableprovision of the Small Business Act, asamended to include the establishmentof goals; and(D) Implementing and administeringprograms described under sections 8and 15 of the Small Business Act, asamended (15 U.S.C. 637 and 644).(3)
Related to equal opportunity in programs and employment.
(i) Provideoverall leadership, coordination, anddirection for the Department’s programsof civil rights, including programdelivery, compliance, and equalemployment opportunity, withemphasis on the following:(A) Actions to enforce Title VI of theCivil Rights Act of 1964, 42 U.S.C.2000d, prohibiting discrimination inFederally assisted programs;(B) Actions to enforce Title VII of theCivil Rights Act of 1964, as amended, 42U.S.C. 2000e, prohibiting discriminationin Federal employment;(C) Actions to enforce Title IX of theEducation Amendments of 1972, 20U.S.C. 1681,
et seq.
, prohibitingdiscrimination on the basis of sex inUSDA education programs andactivities funded by the Department;(D) Actions to enforce the AgeDiscrimination Act of 1975, 42 U.S.C.6102, prohibiting discrimination on the basis of age in USDA programs andactivities funded by the Department;(E) Actions to enforce Section 504 of the Rehabilitation Act of 1973, asamended, 29 U.S.C. 794, prohibitingdiscrimination against individuals withdisabilities in USDA programs andactivities funded by the Department;(F) Actions to enforce section 504 of the Rehabilitation Act of 1973, asamended, 29 U.S.C. 794, prohibitingdiscrimination against individuals withdisabilities in USDA conductedprograms.(G) Actions to enforce Title II of theAmericans with Disabilities Act of 1990,as amended, 42 U.S.C. 12131,
et seq.
,prohibiting discrimination againstindividuals with disabilities in Stateand local government services.(H) Actions to enforce relatedExecutive Orders, Congressionalmandates, and other laws, rules, andregulations, as appropriate;(I) Actions to develop and implementthe Department’s Federal Women’sProgram; and(J) Actions to develop and implementthe Department’s Hispanic EmploymentProgram.(ii) Evaluate Departmental agencyprograms, activities, and impactstatements for civil rights concerns.(iii) Provide leadership andcoordinate Departmental agencies andsystems for targeting, collecting,analyzing, and evaluating programparticipation data and equalemployment opportunity data.(iv) Provide leadership and coordinateDepartmentwide programs of publicnotification regarding the availability of USDA programs on a nondiscriminatory basis.(v) Coordinate with the Department of  Justice on matters relating to Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d), Title IX of the EducationAmendments of 1972 (20 U.S.C. 1681,
et seq.
), and section 504 of theRehabilitation Act of 1973, as amended(29 U.S.C. 794), except those matters inlitigation, including administrativeenforcement actions, which shall becoordinated by the Office of the GeneralCounsel.(vi) Coordinate with the Departmentof Health and Human Services onmatters relating to the AgeDiscrimination Act of 1975, 42 U.S.C.6102, except those matters in litigation,including administrative enforcementactions, which shall be coordinated bythe Office of the General Counsel.(vii) Order proceedings and hearingsin the Department pursuant to §§15.9(e)and 15.86 of this title which concernconsolidated or joint hearings withinthe Department or with other Federaldepartments and agencies.(viii) Order proceedings and hearingsin the Department pursuant to §15.8 of this title after the program agency hasadvised the applicant or recipient of hisor her failure to comply and hasdetermined that compliance cannot besecured by voluntary means.(ix) Issue orders to give a notice of hearing or the opportunity to request ahearing pursuant to part 15 of this title;arrange for the designation of anAdministrative Law Judge to presideover any such hearing; and determinewhether the Administrative Law Judgeso designated will make an initialdecision or certify the record to theSecretary of Agriculture with his or herrecommended findings and proposedaction.(x) Authorize the taking of actionpursuant to §15.8(a) of this title relatingto compliance by ‘‘other meansauthorized by law.’’(xi) Make determinations required by§15.8(d) of this title that compliance
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cannot be secured by voluntary means,and then take action, as appropriate.(xii) Make determinations, after legalsufficiency reviews by the Office of theGeneral Counsel, that programcomplaint investigations performedunder §15.6 of this title establish aproper basis for findings of discrimination, and that actions taken tocorrect such findings are adequate;(xiii) Perform investigations and makefinal determinations, after legalsufficiency reviews by the Office of theGeneral Counsel, on both the merits andrequired corrective action, as tocomplaints filed under part 15d of thistitle.(xiv) Conduct investigations andcompliance reviews Departmentwide.(xv) Develop regulations, plans, andprocedures necessary to carry out theDepartment’s civil rights programs,including the development,implementation, and coordination of Action Plans.(xvi) Coordinate the Department’saffirmative employment program,special emphasis programs, FederalEqual Opportunity RecruitmentProgram, equal employmentopportunity evaluations, anddevelopment of policy.(xvii) Provide liaison on equalemployment opportunity programs andactivities with the Equal EmploymentOpportunity Commission and the Officeof Personnel Management.(xviii) Monitor, evaluate, and reporton agency compliance with establishedpolicy and Executive Orders whichfurther the participation of historicallyBlack colleges and universities, theHispanic-serving institutions, 1994tribal land grant institutions, and othercolleges and universities withsubstantial minority group enrollmentin Departmental programs andactivities.(xix) Is designated as theDepartment’s Director of EqualEmployment Opportunity withauthority to perform the functions andresponsibilities of that position under29 CFR part 1614, including theauthority to make changes in programsand procedures designed to eliminatediscriminatory practices and improvethe Department’s program for EqualEmployment Opportunity (EEO), toprovide equal employment opportunityservices for managers and employees,and to make final agency decisions, afterlegal sufficiency reviews by the Office of the General Counsel, on EEO complaints by Department employees or applicantsfor employment and order suchcorrective measures in such complaintsas may be considered necessary,including the recommendation for suchdisciplinary action as is warrantedwhen an employee has been found tohave engaged in a discriminatorypractice.(xx) Maintain liaison with historicallyBlack colleges and universities, theHispanic-serving institutions, 1994tribal land grant institutions, and othercolleges and universities withsubstantial minority group enrollment,and assist Department agencies instrengthening such institutions byfacilitating institutional participation inDepartment programs and activities and by encouraging minority students topursue curricula that could lead tocareers in the food and agriculturalsciences.(xxi) Administer the Department’sEEO Program.(xxii) Oversee and manage the EEOcounseling function for the Department.(xxiii) Administer the discriminationappeals and complaints program for theDepartment, including all formalindividual or group appeals, where thesystem provides for an avenue of redressto the Department level, EqualEmployment Opportunity Commission,or other outside authority.(xxiv) Process formal EEOdiscrimination complaints byemployees or applicants foremployment.(xxv) Investigate Department EEO andprogram discrimination complaints.(xxvi) Make final decisions, after legalsufficiency reviews by the Office of theGeneral Counsel, on both EEO andprogram discrimination complaints,except in those cases where theAssistant Secretary has participated inthe events that gave rise to the matter.(xxvii) Order such correctivemeasures in EEO complaints as may beconsidered necessary, including therecommendation for such disciplinaryaction as is warranted when anemployee has been found to engage ina discriminatory practice.(xviii) Provide liaison on EEO mattersconcerning complaints and appeals withthe Department agencies andDepartment employees.(xxix) Make final determinations, orenter into settlement agreements, afterlegal sufficiency reviews by the Office of the General Counsel, on discriminationcomplaints in conducted programssubject to the Equal Credit OpportunityAct. This delegation includes theauthority to make compensatory damageawards whether pursuant to a finaldetermination or in a settlementagreement under the authority of theEqual Credit Opportunity Act and theauthority to obligate agency funds,including CCC and FCIC funds to satisfysuch an award.(xxx) Require corrective action onfindings of discrimination on programcomplaints and recommend to theSecretary that relief be granted under 7U.S.C. 6998(d), notwithstanding thefinality of National Appeals Divisionsdecisions.(xxxi) Provide civil rights and equalemployment opportunity supportservices, with authority to take actionsrequired by law or regulation to performsuch services for:(A) The Secretary of Agriculture;(B) The general officers of theDepartment;(C) The offices and agencies reportingto the Assistant Secretary forAdministration; and(D) Any other offices or agencies of the Department as may be agreed.(4)
Related to outreach.
(i) Developpolicy guidelines and implement aDepartmental outreach program whichdelivers services to the traditionallyunder-served customers.(ii) Administer and provideleadership, direction, coordination, andmonitoring for the Small FarmerOutreach Training and TechnicalAssistance program,
i.e.
Outreach andTechnical Assistance Grants to SociallyDisadvantaged Farmers and RanchersProgram, including the authority tomake grants and enter into contracts andother agreements pursuant to 7 U.S.C.2279(a).(iii) Develop a strategic outreach planfor the Department which coordinatesthe goals, objectives, and expectations of mission area outreach programs.(iv) Coordinate the dissemination/communication of all outreachinformation from the Department and itsmission areas ensuring its transmissionto as wide a public spectrum aspossible.(v) Serve as the Department’s officialoutreach spokesperson.(vi) Provide coordination andoversight of agency outreach activitiesincluding the establishment of outreachcouncils.(vii) Develop a system to monitor thedelivery of outreach grants and funding.(viii) Report agency outreach statusand accomplishments, and makerecommendations to the Secretary.(5)
Related to operations.
(i) Provideservices for the Department in thefollowing areas:(A) Acquiring, leasing, utilizing,constructing, maintaining, anddisposing of real and personal property,including control of space assignments,in the Washington, D.C. metropolitanarea;(B) Acquiring, storing, distributing,and disposing of forms; and(C) Mail management and all relatedfunctions.
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