This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

77755

Vol. 65, No. 240

Wednesday, December 13, 2000

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Revision of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

SUMMARY: This document revises the

delegations of authority from the

Secretary of Agriculture and general

officers of the Department to make

delegations of authority to the Chief

Information Officer (CIO) designated

pursuant to the provisions of the

Clinger-Cohen Act. This document also

revises the delegations of authority from

the Secretary of Agriculture and general

officers of the Department to reflect a

reorganization in the offices reporting to

the Assistant Secretary for

Administration. This document also

transfers some offices and functions

which previously reported to the

Assistant Secretary for Administration

to the CIO.

EFFECTIVE DATE: December 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Edwardene Pitcock, Office of Human

Resources Management, Department of

Agriculture, Room 309 W Jamie L.

Whitten Federal Building, Washington,

DC 20250, telephone 202–720–3635.

SUPPLEMENTARY INFORMATION: In order to

centralize and standardize the

Department’s Information Technology

(IT) systems, procurement and training,

the Secretary has named a Department

CIO pursuant to the provisions of the

Clinger-Cohen Act, Pub. L. No. 104–106.

The CIO is responsible for

Departmentwide IT system architecture,

standardization, guidance, and training.

The Office of Information Systems

Management, which previously reported

to the Assistant Secretary for

Administration (hereinafter referred to

as the Assistant Secretary), now reports

to the CIO.

The Assistant Secretary has

reorganized the offices which report to

him to better utilize the resources of

those offices. This reorganization

restructured the functions of these

offices so they can carry out their

missions in a more effective and

efficient manner as they meet the needs

of their customers both within the

Department of Agriculture and in the

private sector.

The Assistant Secretary has

consolidated all Departmentwide civil

rights functions in an Office of Civil

Rights. This office is headed by a

Director who reports to the Assistant

Secretary and who has responsibility for

leadership, coordination, and direction

related to both civil rights programs and

equal employment opportunity

complaints.

The Assistant Secretary has

consolidated all Departmentwide

personnel functions in an Office of

Human Resources Management. This

Office, headed by a Director who reports

to the Assistant Secretary and who is

responsible for establishing personnel

policy for the entire Department of

Agriculture (USDA), also provides

operational support to specified

organizations within USDA.

Also, as part of this reorganization,

the Assistant Secretary has been named

the Director of Small and Disadvantaged

Business Utilization. The Office of

Small and Disadvantaged Business

Utilization now reports to the Assistant

Secretary. This Office previously

reported to the Deputy Secretary of

Agriculture.

Additionally, an Office of

Procurement, Property, and Emergency

Preparedness has been established. The

Office is headed by a Director who

reports to the Assistant Secretary. The

Director is responsible for establishing

policy related to procurement and

property management, and for providing

services relating to procurement

operations for projects having a

nationwide scope and for assigned

Departmental offices. The Director is

responsible for coordinating the

Department’s programs related to

emergency preparedness, national

security, and disaster emergency

response. The Director also is

responsible for designating a

competition advocate to promote

competition in Departmental

acquisitions.

This document revises the delegations

of authority to authorize the Assistant

Secretary for Administration to obtain

and furnish excess personal property to

the 1890 Land Grant Institutions, 1994

Land Grant Institutions and the

Hispanic-Serving Institutions, in

support of research, educational,

technical, and scientific activities or for

related programs.

This document removes from the

Assistant Secretary for Administration

authority related to advisory

committees. Responsibility for advisory

committee management will remain

within the Office of the Secretary.

Further, an Office of Planning and

Coordination has been established. The

Office is headed by a Director who

reports to the Assistant Secretary. The

Director is responsible for providing

budget and financial management

coordination, strategic planning

support, and quality management to the

Assistant Secretary for Administration,

and the Director is also responsible for

issuing policy and guidance related to

conflict resolution programs.

Additionally, an Office of Ethics has

been established. The Office is headed

by a Director who reports for

administrative purposes to the Assistant

Secretary. The Director is responsible

for the Department’s worldwide ethics

program which includes providing

advice to all levels of management on

ethics issues, and developing and

disseminating policy and guidance on

ethics and conflicts of interest.

Lastly, an Office of Outreach has been

established. The Office is headed by a

Director who reports to the Assistant

Secretary. The Director is responsible

for ensuring that opportunities are

available for the provision of

information, technical assistance, and

training to USDA customers with

emphasis on under-served populations.

The Director is responsible for

coordinating efforts to ensure that

USDA customers have access to all the

Department’s programs and services.

This rule relates to internal agency

management. Therefore, pursuant to 5

U.S.C. 553, notice of proposed rule

making and opportunity for comment

are not required, and this rule may be

made effective less than 30 days after

publication in the Federal Register.

Further, since this rule relates to

77756 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

internal agency management, it is

exempt from the provisions of Executive

Order Nos. 12866 and 12988. In

addition, this action is not a rule as

defined by Pub. L. No. 96–354, the

Regulatory Flexibility Act, and, thus, is

exempt from the provisions of that Act.

Accordingly, as authorized by section

808 of the Small Business Regulatory

Enforcement Fairness Act of 1996, Pub.

L. No. 10–121, this rule may be made

effective upon publication in the

Federal Register.

List of Subjects in 7 CFR Part 2

Authority delegations (Government

agencies).

PART 2—DELEGATIONS OF

AUTHORITY BY THE SECRETARY OF

AGRICULTURE AND GENERAL

OFFICERS OF THE DEPARTMENT

Accordingly, Part 2, Title 7, Code of

Federal Regulations is amended as

follows:

1. The authority citation for Part 2

continues 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, 3

CFR, 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 revising

paragraphs (a)(2) through (a)(13), adding

paragraphs (a)(14) through (a)(17), and

revising paragraph (b) to read as follows:

§ 2.24 Assistant Secretary for

Administration.

(a) * * *

(2) Related to small and

disadvantaged business utilization. (i)

In compliance with Public Law 95–507,

the Assistant Secretary for

Administration is designated as the

Department’s Director for Small and

Disadvantaged Business Utilization. The

Director of Small and Disadvantaged

Business Utilization has specific

responsibilities under the Small

Business Act, 15 U.S.C. 644(k). These

duties include being responsible for the

following:

(A) Administering the Department’s

small and disadvantaged business

activities related to procurement

contracts, minority bank deposits, and

grants and loan activities affecting small

and minority businesses including

women-owned business, and the small

business, small minority business and

small women-owned business

subcontracting programs;

(B) Providing Departmentwide liaison

and coordination of activities related to

small, small disadvantaged, and

women-owned businesses with the

Small Business Administration and

others in public and private sector;

(C) Developing policies and

procedures required by the applicable

provision of the Small Business Act, as

amended to include the establishment

of goals; and

(D) Implementing and administering

programs described under sections 8

and 15 of the Small Business Act, as

amended (15 U.S.C. 637 and 644).

(3) Related to equal opportunity in

programs and employment. (i) Provide

overall leadership, coordination, and

direction for the Department’s programs

of civil rights, including program

delivery, compliance, and equal

employment opportunity, with

emphasis on the following:

(A) Actions to enforce Title VI of the

Civil Rights Act of 1964, 42 U.S.C.

2000d, prohibiting discrimination in

Federally assisted programs;

(B) Actions to enforce Title VII of the

Civil Rights Act of 1964, as amended, 42

U.S.C. 2000e, prohibiting discrimination

in Federal employment;

(C) Actions to enforce Title IX of the

Education Amendments of 1972, 20

U.S.C. 1681, et seq., prohibiting

discrimination on the basis of sex in

USDA education programs and

activities funded by the Department;

(D) Actions to enforce the Age

Discrimination Act of 1975, 42 U.S.C.

6102, prohibiting discrimination on the

basis of age in USDA programs and

activities funded by the Department;

(E) Actions to enforce Section 504 of

the Rehabilitation Act of 1973, as

amended, 29 U.S.C. 794, prohibiting

discrimination against individuals with

disabilities in USDA programs and

activities funded by the Department;

(F) Actions to enforce section 504 of

the Rehabilitation Act of 1973, as

amended, 29 U.S.C. 794, prohibiting

discrimination against individuals with

disabilities in USDA conducted

programs.

(G) Actions to enforce Title II of the

Americans with Disabilities Act of 1990,

as amended, 42 U.S.C. 12131, et seq.,

prohibiting discrimination against

individuals with disabilities in State

and local government services.

(H) Actions to enforce related

Executive Orders, Congressional

mandates, and other laws, rules, and

regulations, as appropriate;

(I) Actions to develop and implement

the Department’s Federal Women’s

Program; and

(J) Actions to develop and implement

the Department’s Hispanic Employment

Program.

(ii) Evaluate Departmental agency

programs, activities, and impact

statements for civil rights concerns.

(iii) Provide leadership and

coordinate Departmental agencies and

systems for targeting, collecting,

analyzing, and evaluating program

participation data and equal

employment opportunity data.

(iv) Provide leadership and coordinate

Departmentwide programs of public

notification 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 Education

Amendments of 1972 (20 U.S.C. 1681, et

seq.), and section 504 of the

Rehabilitation Act of 1973, as amended

(29 U.S.C. 794), except those matters in

litigation, including administrative

enforcement actions, which shall be

coordinated by the Office of the General

Counsel.

(vi) Coordinate with the Department

of Health and Human Services on

matters relating to the Age

Discrimination Act of 1975, 42 U.S.C.

6102, except those matters in litigation,

including administrative enforcement

actions, which shall be coordinated by

the Office of the General Counsel.

(vii) Order proceedings and hearings

in the Department pursuant to §§ 15.9(e)

and 15.86 of this title which concern

consolidated or joint hearings within

the Department or with other Federal

departments and agencies.

(viii) Order proceedings and hearings

in the Department pursuant to § 15.8 of

this title after the program agency has

advised the applicant or recipient of his

or her failure to comply and has

determined that compliance cannot be

secured by voluntary means.

(ix) Issue orders to give a notice of

hearing or the opportunity to request a

hearing pursuant to part 15 of this title;

arrange for the designation of an

Administrative Law Judge to preside

over any such hearing; and determine

whether the Administrative Law Judge

so designated will make an initial

decision or certify the record to the

Secretary of Agriculture with his or her

recommended findings and proposed

action.

(x) Authorize the taking of action

pursuant to § 15.8(a) of this title relating

to compliance by ‘‘other means

authorized by law.’’

(xi) Make determinations required by

§ 15.8(d) of this title that compliance

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77757

cannot be secured by voluntary means,

and then take action, as appropriate.

(xii) Make determinations, after legal

sufficiency reviews by the Office of the

General Counsel, that program

complaint investigations performed

under § 15.6 of this title establish a

proper basis for findings of

discrimination, and that actions taken to

correct such findings are adequate;

(xiii) Perform investigations and make

final determinations, after legal

sufficiency reviews by the Office of the

General Counsel, on both the merits and

required corrective action, as to

complaints filed under part 15d of this

title.

(xiv) Conduct investigations and

compliance reviews Departmentwide.

(xv) Develop regulations, plans, and

procedures necessary to carry out the

Department’s civil rights programs,

including the development,

implementation, and coordination of

Action Plans.

(xvi) Coordinate the Department’s

affirmative employment program,

special emphasis programs, Federal

Equal Opportunity Recruitment

Program, equal employment

opportunity evaluations, and

development of policy.

(xvii) Provide liaison on equal

employment opportunity programs and

activities with the Equal Employment

Opportunity Commission and the Office

of Personnel Management.

(xviii) Monitor, evaluate, and report

on agency compliance with established

policy and Executive Orders which

further the participation of historically

Black colleges and universities, the

Hispanic-serving institutions, 1994

tribal land grant institutions, and other

colleges and universities with

substantial minority group enrollment

in Departmental programs and

activities.

(xix) Is designated as the

Department’s Director of Equal

Employment Opportunity with

authority to perform the functions and

responsibilities of that position under

29 CFR part 1614, including the

authority to make changes in programs

and procedures designed to eliminate

discriminatory practices and improve

the Department’s program for Equal

Employment Opportunity (EEO), to

provide equal employment opportunity

services for managers and employees,

and to make final agency decisions, after

legal sufficiency reviews by the Office of

the General Counsel, on EEO complaints

by Department employees or applicants

for employment and order such

corrective measures in such complaints

as may be considered necessary,

including the recommendation for such

disciplinary action as is warranted

when an employee has been found to

have engaged in a discriminatory

practice.

(xx) Maintain liaison with historically

Black colleges and universities, the

Hispanic-serving institutions, 1994

tribal land grant institutions, and other

colleges and universities with

substantial minority group enrollment,

and assist Department agencies in

strengthening such institutions by

facilitating institutional participation in

Department programs and activities and

by encouraging minority students to

pursue curricula that could lead to

careers in the food and agricultural

sciences.

(xxi) Administer the Department’s

EEO Program.

(xxii) Oversee and manage the EEO

counseling function for the Department.

(xxiii) Administer the discrimination

appeals and complaints program for the

Department, including all formal

individual or group appeals, where the

system provides for an avenue of redress

to the Department level, Equal

Employment Opportunity Commission,

or other outside authority.

(xxiv) Process formal EEO

discrimination complaints by

employees or applicants for

employment.

(xxv) Investigate Department EEO and

program discrimination complaints.

(xxvi) Make final decisions, after legal

sufficiency reviews by the Office of the

General Counsel, on both EEO and

program discrimination complaints,

except in those cases where the

Assistant Secretary has participated in

the events that gave rise to the matter.

(xxvii) Order such corrective

measures in EEO complaints as may be

considered necessary, including the

recommendation for such disciplinary

action as is warranted when an

employee has been found to engage in

a discriminatory practice.

(xviii) Provide liaison on EEO matters

concerning complaints and appeals with

the Department agencies and

Department employees.

(xxix) Make final determinations, or

enter into settlement agreements, after

legal sufficiency reviews by the Office of

the General Counsel, on discrimination

complaints in conducted programs

subject to the Equal Credit Opportunity

Act. This delegation includes the

authority to make compensatory damage

awards whether pursuant to a final

determination or in a settlement

agreement under the authority of the

Equal Credit Opportunity Act and the

authority to obligate agency funds,

including CCC and FCIC funds to satisfy

such an award.

(xxx) Require corrective action on

findings of discrimination on program

complaints and recommend to the

Secretary that relief be granted under 7

U.S.C. 6998(d), notwithstanding the

finality of National Appeals Divisions

decisions.

(xxxi) Provide civil rights and equal

employment opportunity support

services, with authority to take actions

required by law or regulation to perform

such services for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices and agencies reporting

to the Assistant Secretary for

Administration; and

(D) Any other offices or agencies of

the Department as may be agreed.

(4) Related to outreach. (i) Develop

policy guidelines and implement a

Departmental outreach program which

delivers services to the traditionally

under-served customers.

(ii) Administer and provide

leadership, direction, coordination, and

monitoring for the Small Farmer

Outreach Training and Technical

Assistance program, i.e. Outreach and

Technical Assistance Grants to Socially

Disadvantaged Farmers and Ranchers

Program, including the authority to

make grants and enter into contracts and

other agreements pursuant to 7 U.S.C.

2279(a).

(iii) Develop a strategic outreach plan

for the Department which coordinates

the goals, objectives, and expectations of

mission area outreach programs.

(iv) Coordinate the dissemination/

communication of all outreach

information from the Department and its

mission areas ensuring its transmission

to as wide a public spectrum as

possible.

(v) Serve as the Department’s official

outreach spokesperson.

(vi) Provide coordination and

oversight of agency outreach activities

including the establishment of outreach

councils.

(vii) Develop a system to monitor the

delivery of outreach grants and funding.

(viii) Report agency outreach status

and accomplishments, and make

recommendations to the Secretary.

(5) Related to operations. (i) Provide

services for the Department in the

following areas:

(A) Acquiring, leasing, utilizing,

constructing, maintaining, and

disposing of real and personal property,

including control of space assignments,

in the Washington, D.C. metropolitan

area;

(B) Acquiring, storing, distributing,

and disposing of forms; and

(C) Mail management and all related

functions.

77758 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

(ii) Operating centralized

Departmental services to provide

printing, copy reproducing, offset

composing, supplies, mail, automated

mailing lists, excess property pool,

resource recovery, shipping and

receiving, forms, labor services, issuing

of general employee identification

cards, supplemental distributing of

Department directives, space allocating

and management, and related

management support.

(iii) Providing property management,

space management, messenger, and

other related services with authority to

take actions required by law or

regulation to perform such services for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices reporting to the

Assistant Secretary for Administration;

(D) Any other offices or agencies of

the Department as may be agreed; and

(E) Other federal, state, or local

government organizations on a cost

recovery basis.

(iv) Represent the Department in

contacts with other organizations or

agencies on matters related to assigned

responsibilities.

(v) Promulgate Departmental

regulations, standards, techniques, and

procedures and represent the

Department in maintaining the security

of physical facilities, self-protection,

and warden services, in the Washington,

D.C. metropolitan area.

(vi) Provide internal administrative

management and support services for

the defense program of the Department.

(6) Related to human resources

management. (i) Formulate and issue

Department policy, standards, rules, and

regulations relating to human resources

management.

(ii) Provide human resources

management procedural guidance and

operational instructions.

(iii) Set standards for human

resources data systems.

(iv) Inspect and evaluate human

resources management operations and

issue instructions or take direct action

to insure conformity with appropriate

laws, Executive Orders, Office of

Personnel Management rules and

regulations, and other appropriate rules

and regulations.

(v) Exercise final authority in all

human resources matters, including

individual cases, that involve the

jurisdiction of more than one General

Officer or agency head.

(vi) Receive, review, and recommend

action on all requests for the Secretary’s

approval in human resources matters.

(vii) Make final decisions on adverse

actions, except in those cases where the

Assistant Secretary for Administration

has participated.

(viii) Represent the Department in

human resources matters in all contacts

outside the Department.

(ix) Exercise specific authorities in the

following operational matters:

(A) Waive repayment of training

expenses where an employee fails to

fulfill service agreement;

(B) Establish or change standards and

plans for awards to private citizens; and

(C) Execute, change, extend, or renew:

(1) Labor-Management Agreements;

and

(2) Associations of Management

Officials’ or Supervisors’ Agreements.

(D) Represent any part of the

Department in all contacts and

proceedings with the National Offices of

Labor Organizations;

(E) Change a position (with no

material change in duties) from one pay

system to another;

(F) Grant restoration rights, and

release employees with administrative

reemployment rights;

(G) Authorize any mass dismissals of

employees in the Washington, D.C.,

metropolitan area;

(H) Approve ‘‘normal line of

promotion’’ cases in the excepted

service where not in accordance with

time-in-grade criteria;

(I) Make the final decision on all

classification appeals filed with the

Department of Agriculture;

(J) Authorize all employment actions

(except nondisciplinary separations and

LWOP) and classification actions for

senior level and equivalent positions

including Senior Executive Service

positions and special authority

professional and scientific positions

responsible for carrying out research

and development functions;

(K) Authorize all employment actions

(except LWOP) for the following

positions:

(1) Schedule C;

(2) Non-career Senior Executive

Service or equivalent; and

(3) Administrative Law Judge.

(L) Authorize adverse actions for

positions in GS–14–15 and equivalent

and, as appropriate, redelegate this

authority to Heads of Department

agencies;

(M) Authorize adverse action for

positions in the career senior executive

service or equivalent, and as

appropriate, redelegate this authority on

a case by case basis to the Heads of

Departmental agencies;

(N) Approve the details of Department

employees to the White House;

(O) Authorize adverse actions based

in whole or in part on an allegation of

violation of 5 U.S.C. chapter 73,

subchapter III, for employees in the

excepted service;

(P) Authorize long-term training in

programs which require

Departmentwide competition;

(Q) Initiate and take adverse action in

cases involving a violation of the merit

system.

(x) As used in this section, the term

human resources includes:

(A) Position management;

(B) Position classification;

(C) Employment;

(D) Pay administration;

(E) Automation of human resources

data and systems;

(F) Hours of duty;

(G) Performance management;

(H) Promotions;

(I) Employee development;

(J) Incentive Programs;

(K) Leave;

(L) Retirement;

(M) Human resource program

management evaluations;

(N) Social security;

(O) Life insurance;

(P) Health benefits;

(Q) Unemployment compensation;

(R) Labor management relations;

(S) Intramanagement consultation;

(T) Security;

(U) Discipline; and

(V) Appeals.

(xi) Provide human resources

services, as listed in paragraph (a)(6)(x)

of this section, and organizational

support services, with authority to take

actions required by law or regulation to

perform such services for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices and agencies reporting

to the Assistant Secretary for

Administration; and

(D) Any other offices or agencies of

the Department as may be agreed.

(xii) Maintain, review, and update

Departmental delegations of authority.

(xiii) Authorize organizational

changes which occur in:

(A) Departmental organizations:

(1) Agency or office;

(2) Division (or comparable

component); and

(3) Branch (or comparable component

in Departmental centers, only).

(B) Field organizations:

(1) First organizational level; and

(2) Next lower organizational levelrequired only for those types of field

installations where the establishment,

change in location, or abolition of same,

requires approval in accordance with

Departmental internal direction.

(xiv) Formulate and promulgate

departmental organizational objectives

and policies.

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77759

(xv) Approve coverage of individual

law enforcement and firefighter

positions under the special retirement

provisions of the Civil Service

Retirement System and the Federal

Employees Retirement System.

(xvi) Establish Departmentwide safety

and health policy and provide

leadership in the development,

coordination, and implementation of

related standards, techniques, and

procedures, and represent the

Department in complying with laws,

Executive Orders and other policy and

procedural issuances related to

occupational safety and health within

the Department.

(xvii) Represent the Department in all

rulemaking, advisory, or legislative

capacities on any groups, committees, or

Governmentwide activities that affect

the Department’s Occupational Safety

and Health Management Program.

(xviii) Determine and provide

Departmentwide technical services and

regional staff support for the safety and

health programs.

(xix) Administer the computerized

management information systems for

the collection, processing and

dissemination of data related to the

Department’s occupational safety and

health programs.

(xx) Administer the administrative

appeals process related to the inclusion

of positions in the Testing Designated

Position listing in the Department’s

Drug-Free Workplace Program and

designate the final appeal officer for that

Program.

(xxi) Administer the Department’s

Occupational Health and Preventive

Medical Program, as well as design and

operate employee assistance and

workers’ compensation activities.

(xxii) Provide education and training

on a Departmentwide basis for safety

and health-related issues and develop

resource and operational manuals.

(xxiii) Oversee and manage the

Department’s administrative grievance

program.

(xxiv) Make final decisions in those

cases where an agency head has

appealed the recommended decision of

a grievance examiner.

(7) Related to procurement and

property management. (i) Promulgate

policies, standards, techniques, and

procedures, and represent the

Department, in the following:

(A) Acquisition, including, but not

limited to, the procurement of supplies,

services, equipment, and construction;

(B) Socioeconomic programs relating

to contracting;

(C) Selection, standardization, and

simplification of program delivery

processes utilizing contracts;

(D) Acquisition, leasing, utilization,

value analysis, construction,

maintenance, and disposition of real

and personal property, including

control of space assignments;

(E) Motor vehicle and aircraft fleet

and other vehicular transportation;

(F) Transportation of things (traffic

management);

(G) Prevention, control, and

abatement of pollution with respect to

Federal facilities and activities under

the control of the Department (Executive

Order 12088, 3 CFR, 1978 Comp., p.

243);

(H) Implementation of the Uniform

Relocation Assistance and Real Property

Policies Act of 1970 (42 U.S.C. 4601, et

seq.); and

(I) Development and implementation

of energy management and

environmental actions related to

acquisition and procurement, real and

personal property management, waste

prevention and resource recycling, and

logistics. Maintain liaison with the

Office of the Federal Environmental

Executive, the Department of Energy,

and other Government agencies in these

matters.

(ii) Exercise the following special

authorities:

(A) Designate the Departmental

Debarring Officer to perform the

functions of 48 CFR part 9, subpart 9.4

related to procurement activities, except

for commodity acquisitions on behalf of

the Commodity Credit Corporation (7

CFR part 1407); with authority to

redelegate suspension and debarment

authority for contracts awarded under

the School Lunch and Surplus Removal

Programs (42 U.S.C. 1755 and 7 U.S.C.

612c);

(B) Conduct liaison with the Office of

Federal Register (1 CFR part 16)

including the making of required

certifications pursuant to 1 CFR part 18;

(C) Maintain custody and permit

appropriate use of the official seal of the

Department;

(D) Establish policy for the use of the

official flags of the Secretary and the

Department;

(E) Coordinate collection and

disposition of personal property of

historical significance;

(F) Make information returns to the

Internal Revenue Service as prescribed

by 26 U.S.C. 6050M and by 26 CFR

1.6050M–1 and such other Treasury

regulations, guidelines or procedures as

may be issued by the Internal Revenue

Service in accordance with 26 U.S.C.

6050M. This includes making such

verifications or certifications as may be

required by 26 CFR 1.6050M–1 and

making the election allowed by 26 CFR

1.6050M–1(d)(5)(1);

(G) Promulgate regulations for the

management of contracting and

procurement for information technology

and telecommunication equipment,

software, services, maintenance and

related supplies; and

(H) Represent the Department in

contacts with the General Accounting

Office, the General Services

Administration, the Office of

Management and Budget, and other

organizations or agencies on matters

related to assigned responsibilities.

(iii) Serve as the Acquisition

Executive in the Department to integrate

and unify the management process for

the Department’s major system

acquisitions and to monitor

implementation of the policies and

practices set forth in Circular A–109,

Major Systems Acquisitions, with the

exception that major system

acquisitions for information technology

shall be under the cognizance of the

Chief Information Officer. This includes

the authority to:

(A) Insure that OMB Circular A–109

is effectively implemented in the

Department and that the management

objectives of the Circular are realized;

(B) Review the program management

of each major system acquisition,

excluding information technology;

(C) Designate the program manager for

each major systems acquisition,

excluding information technology; and

(D) Designate any Departmental

acquisition as a major system

acquisition, excluding information

technology, under OMB Circular A–109.

(iv) Pursuant to Executive Order

12931, 3 CFR, 1994 Comp., p. 925, and

sections 16, 22, and 37 of the Office of

Federal Procurement Policy Act, as

amended, 41 U.S.C. 414, 418(b), and

433, designate the Senior Procurement

Executive for the Department and

delegate responsibility for the following:

(A) Prescribing and publishing

Departmental acquisition policies,

regulations, and procedures;

(B) Taking any necessary actions

consistent with policies, regulations,

and procedures with respect to

purchases, contracts, leases, and other

transactions;

(C) Designating contracting officers;

(D) Establishing clear lines of

contracting authority;

(E) Evaluating and monitoring the

performance of the Department’s

procurement system;

(F) Managing and enhancing career

development of the Department’s

acquisition work force;

(G) Participating in the development

of Governmentwide procurement

policies, regulations, and standards, and

determining specific areas where

77760 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

Governmentwide performance

standards should be established and

applied;

(H) Developing unique Departmental

standards as required;

(I) Overseeing the development of

procurement goals, guidelines, and

innovation;

(J) Measuring and evaluating

procurement office performance against

stated goals;

(K) Advising the Secretary whether

goals are being achieved;

(L) Prescribing standards for agency

Procurement Executives and designating

agency Procurement Executives when

these standards not are met;

(M) Redelegating as appropriate, the

authority in paragraph (a)(6)(iv)(A) of

this section to agency Procurement

Executives or other qualified agency

officials with no power of further

redelegation; and

(N) Redelegating the authorities in

paragraphs (a)(6)(iv)(B), (C), (D), (F), and

(G) of this section to agency

Procurement executives or other

qualified agency officials with the

power of further redelegation.

(v) Represent the Department in

establishing standards for acquisition

transactions within the electronic data

interchange environment.

(vi) Pursuant to the Alternative

Agricultural Research and

Commercialization Act of 1990 (7 U.S.C.

5901–5909), establish and maintain a

Preference List for selected products

developed with commercialization

assistance under 7 U.S.C. 5905.

(vii) Designate the Departmental Task

Order Ombudsman pursuant to 41

U.S.C. 253j.

(viii) Serve as Departmental Remedy

Coordination Official pursuant to 41

U.S.C. 255 to determine whether

payment to any contractor should be

reduced or suspended based on

substantial evidence that the request of

the contractor for advance, partial, or

progress payment is based on fraud.

(ix) Promulgate Departmental

policies, standards, techniques, and

procedures, and represent the

Department in maintaining the security

of physical facilities nationwide.

(x) Review and approve exemptions

for USDA contracts and subcontracts

from the requirements of the Clean Air

Act, as amended (42 U.S.C. 7401, et

seq.), the Federal Water Pollution

Control Act, as amended (33 U.S.C.

1251, et seq.), and Executive Order

11738, 3 CFR, 1971–1975 Comp., p. 799,

when he or she determines that the

paramount interest of the United States

so requires as provided in these acts and

Executive Order and the regulations of

the Environmental Protection Agency

(40 CFR 32.2155(b)).

(xi) Promulgate policy concerning

excess Federal personal property in

accordance with section 923 of Public

Law 104–127, to support research,

educational, technical and scientific

activities or for related programs, to:

(A) Any 1994 Institutions (as defined

in section 532 of the Equity in

Educational Land-Grant Status Act of

1994 (Public Law 103–382; 7 U.S.C. 301

note));

(B) Any Institutions eligible to receive

funds under the Act of August 30, 1890

(7 U.S.C. 321, et seq.) including

Tuskegee University; and

(C) Any Hispanic-serving Institutions

(as defined in sections 316(b) of the

Higher Education Act of 1965 (20 U.S.C.

1059c (b)).

(xii) Issue regulations and directives

to implement or supplement the Federal

Acquisition Regulations (48 CFR

Chapters 1 and 4).

(xiii) Issue regulations and directives

to implement or supplement the Federal

Property Management Regulations (41

CFR chapters 101 and 102).

(xiv) Serve as a USDA Environmental

Executive responsible for coordinating

waste prevention, recycling, and the

procurement, acquisition and use of

recycled products and environmentally

preferable products, including biobased

products, and services pursuant to

Executive Order 13101.

(xv) Provide administrative support to

the USDA Hazardous Materials

Management Group.

(xvi) In accordance with Public Law

95–91, section 656 and pursuant to

Executive Order 13123, serve as the

Department’s principal Energy

Conservation Officer.

(xvii) Exercise full Departmentwide

contracting and procurement authority.

(xviii) Conduct acquisitions with

authority to take actions required by law

or regulation to procure supplies,

services, and equipment for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices and agencies reporting

to the Assistant Secretary for

Administration;

(D) Any other offices or agencies of

the Department as may be agreed; and

(E) For other federal, state, or local

government organizations on a cost

recovery basis.

(8) Related to competition advocacy.

(i) Pursuant to the Office of Federal

Procurement Policy Act (Act), as

amended (41 U.S.C. 401, et seq.),

designate the Department’s Advocate for

Competition with the responsibility for

section 20 of the Act (41 U.S.C. 418),

including:

(A) Reviewing the procurement

activities of the Department;

(B) Developing new initiatives to

increase full and open competition;

(C) Developing goals and plans and

recommending actions to increase

competition;

(D) Challenging conditions

unnecessarily restricting competition in

the acquisition of supplies and services;

(E) Promoting the acquisition of

commercial items; and

(F) Designating an Advocate for

Competition for each procuring activity

within the Department.

(9) Related to emergency

preparedness: (i) Administer the

Department Emergency Preparedness

Program. This includes the:

(A) Coordination of the assignments

made to the Department by Executive

Order 12656, November 18, 1988,

‘‘Assignment of Emergency

Preparedness Responsibilities,’’ 3 CFR,

1988 Comp. p. 255, to ensure that the

Department has sufficient capabilities to

respond to any occurrence, including

natural disaster, military attack,

technological emergency, or any other

emergency.

(B) Management of the Department

Emergency Coordination Center and

alternate facilities;

(C) Development and promulgation of

policies for the Department regarding

emergency preparedness and national

security, including matters relating to

anti-terrorism and agriculture-related

emergency preparedness planning both

national and international;

(D) Providing guidance and direction

regarding issues of emergency

preparedness, disaster assistance, and

national security to the agencies,

mission areas, and the State and County

Emergency Boards;

(E) Representing and acting as liaison

for the Department in contacts with

other Federal entities and organizations,

including the Federal Emergency

Management Agency and the National

Security Council, concerning matters of

assigned responsibilities; and

(F) Oversight of the Department

continuity of operations, planning, and

emergency relocation facilities to ensure

that resources are in a constant state of

readiness.

(ii) Provide guidance and direction to

the Department Emergency Coordinator,

who, along with the Chief Economist, is

responsible for coordinating the

preparation of Department estimates of

agricultural losses from natural disaster.

(iii) Coordinate Department

responsibilities under disaster

assistance authorities, including the

Chemical Stockpile Emergency

Preparedness Program, the Federal

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77761

Radiological Emergency Response Plan,

the Federal Response Plan, the National

Oil and Hazardous Substance Pollution

Contingency Plan, and other Federal

emergency response plans.

(10) Related to compliance with

environmental laws. With respect to

facilities and activities under his or her

authority, to exercise the authority of

the Secretary of Agriculture pursuant to

section 1–102 related to compliance

with applicable pollution control

standards and section 1–601 of

Executive Order 12088, 3 CFR, 1978

Comp., p. 243, to enter into an interagency agreement with the United

States Environmental Protection

Agency, or an administrative consent

order or a consent judgment in an

appropriate State, interstate, or local

agency, containing a plan and schedule

to achieve and maintain compliance

with applicable pollution control

standards established pursuant to the

following:

(i) Solid Waste Disposal Act, as

amended by the Resource Conservation

and Recovery Act, as further amended

by the Hazardous and Solid Waste

Amendments, and the Federal Facility

Compliance Act (42 U.S.C. 6901, et

seq.);

(ii) Federal Water Pollution

Prevention and Control Act, as amended

(33 U.S.C. 1251, et seq.);

(iii) Safe Drinking Water Act, as

amended (42 U.S.C. 300f, et seq.);

(iv) Clean Air Act, as amended (42

U.S.C. 7401, et seq.);

(v) Noise Control Act of 1972, as

amended (42 U.S.C. 4901, et seq.);

(vi) Toxic Substances Control Act, as

amended (15 U.S.C. 2601, et seq.);

(vii) Federal Insecticide, Fungicide,

and Rodenticide Act, as amended (7

U.S.C. 136, et seq.); and

(viii) Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended by the

Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C.

9601, et seq.).

(11) Related to management. (i)

Administer a productivity program in

accordance with Executive Order 12089,

3 CFR, 1979 Comp., p. 246, and other

policy and procedural directives and

laws to:

(ii) Develop strategies to improve

processes with respect to administrative

and associated financial activities of the

Department and make recommendations

to the Secretary.

(iii) Improve Departmental

management by: performing

management studies and reviews in

response to agency requests for

assistance; enhancing management

decision making by developing and

applying analytic techniques to address

particular administrative operational

and management problems; searching

for more economical or effective

approaches to the conduct of business;

developing and revising systems,

processes, work methods and

techniques; and undertaking other

efforts to improve the management

effectiveness and productivity of the

Department.

(iv) Coordinate Departmental

Administration strategic planning and

budget coordination activities on behalf

of the Assistant Secretary.

(12) Related to conflict management.

(i) Designate the senior official to serve

as the Department Dispute Resolution

Specialist under the Administrative

Dispute Resolution Act of 1996, 5 U.S.C.

571, et seq., and provide leadership,

direction and coordination for the

Department’s conflict prevention and

resolution activities;

(ii) Issue Departmental regulations,

policies, and procedures relating to the

use of Alternative Dispute Resolution

(ADR) to resolve employment

complaints and grievances, workplace

disputes, Departmental program

disputes, and contract and procurement

disputes;

(iii) Provide ADR services for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices and agencies reporting

to the Assistant Secretary for

Administration; and

(D) Any other officer or agency of the

Department as may be agreed.

(iv) Develop and issue standards for

mediators and other ADR neutrals

utilized by the Department;

(v) Coordinate ADR activities

throughout the Department; and

(vi) Monitor Agency ADR programs

and report at least annually to the

Secretary on the Department’s ADR

activities; and

(13) Related to ethics. The Ethics

function in the U.S. Department of

Agriculture is under the authority of the

Assistant Secretary for Administration

for purposes of general supervision

only. The Assistant Secretary does not

have any authority over the functions

exercised by the Director, Office of

Ethics, pursuant to the Director’s

responsibilities as Designated Agency

Ethics Official under the Office of

Government Ethics regulations at 5 CFR

part 2638.

(14) Related to budget and finance.

Exercise general financial and budget

authority over all organizations assigned

to the Assistant Secretary for

Administration.

(15) Related to defense. Provide

internal administrative management and

support services for the defense program

of the Department.

(16) Related to the Board of Contract

Appeals. Provide administrative

supervision of the Board of Contract

Appeals. No review by the Assistant

Secretary for Administration of the

merits of appeals or of decisions of the

Board is authorized and the Board shall

be the representative of the Secretary in

such matters.

(17) Related to hazardous materials

management: (i) Serve on the USDA

Hazardous Materials Policy Council.

(ii) Recommend actions and policies

that enable USDA offices of assigned

responsibility to comply with the intent,

purposes, and standards of

environmental laws for pollution

prevention, control, and abatement.

(iii) Consult with the United States

Environmental Protection Agency and

other appropriate Federal agencies in

developing pollution prevention,

control, and abatement policies and

programs relating to matters of assigned

responsibility.

(iv) Present, in coordination with the

Chairman of the USDA Hazardous

Materials Policy Council, the USDA

Hazardous Waste Management

Appropriation budget request to the

Office of Management and Budget and

to Congress.

(b) The following authorities are

reserved to the Secretary of Agriculture:

(1) Related to human resources

management. Make final determinations

in the following areas:

(i) Separation of employees for

security reasons;

(ii) Restoration to duty of employees

following suspension from duty for

security reasons;

(iii) Reinstatement or restoration to

duty or the employment of any person

separated for security reasons; and

(iv) Issuance of temporary certificates

to occupy sensitive positions.

(2) [Reserved]

§ 2.28 [Amended]

4. Section 2.28 is amended by revising

the reference in paragraph (b)(5)(ii) ‘‘the

Office of Information Resources

Management’’ to read ‘‘the Office of the

Chief Information Officer.’’

5. In subpart E, § 2.37 is removed, and

subpart E is reserved; and in subpart D,

a new § 2.37 is added to read as follows:

§ 2.37 Chief Information Officer.

(a) Delegation. The Chief Information

Officer, under the supervision of the

Secretary, is responsible for executing

the duties enumerated in Public Law

77762 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

104–106 for agency Chief Information

Officers, as follows:

(1) Reporting directly to the Secretary

of Agriculture regarding information

technology matters.

(2) Overseeing all information

technology and information resource

management activities relating to the

programs and operations of the

Department and component agencies.

This oversight includes approving

information technology investments,

monitoring and evaluating the

performance of those investments and

information resource management

activities, approval of all architectures

and components thereto and

determining whether to continue,

modify, or terminate an information

technology program or project.

(3) Providing advice and other

assistance to the Secretary and other

senior management personnel to ensure

that information technology is acquired

and managed for the Department

consistent with chapter 35 of title 44,

United States Code (Coordination of

Federal Information Policy).

(4) Developing, implementing, and

maintaining a sound and integrated

Departmentwide information

technology architecture.

(5) Promoting the effective and

efficient design and operation of all

major information resources

management processes for the

Department, including improvements to

work processes of the Department.

(6) Approving the acquisition or

procurement of information technology

resources by, or on behalf of, any

Department agency or office.

(7) Providing guidance and assistance

to Department procurement personnel

with respect to information technology

acquisition strategy and policy.

(8) The Chief Information Officer is

designated the Major Information

Technology Systems Executive in USDA

to integrate and unify the management

process for the Department’s major

information technology system

acquisitions and to monitor

implementation of the policies and

practices set forth in Circular A–109,

Major Systems Acquisitions, for

information technology. This includes

the authority to:

(i) Ensure that OMB Circular A–109 is

effectively implemented for information

technology systems in the Department

and that the management objectives of

the Circular are realized;

(ii) Review the program management

of each major information technology

system acquisition;

(iii) Approve the appointment of the

program manager for each major

information technology systems

acquisition; and

(iv) Designate any Departmental

information technology acquisition as a

major system acquisition under OMB

Circular A–109.

(9) On an annual basis:

(i) Assessing Departmentwide

personnel requirements regarding

knowledge and skill in information

resources management, and the

adequacy of such requirements, to

achieve the performance goals

established for information resources

management.

(ii) Developing strategies and specific

plans for hiring, training, and

professional development at the

executive and management level to meet

personnel information technology

personnel requirements.

(iii) Reporting to the Secretary on

progress made in improving information

resources management capability.

(10) The Chief Information Officer is

designated as the senior official to carry

out the responsibilities of the

Department under chapter 35 of title 44,

United States Code (Coordination of

Federal Information Policy), including:

(i) Ensuring that the information

policies, principles, standards,

guidelines, rules and regulations

prescribed by the Office of Management

and Budget are appropriately

implemented within the Department;

(ii) Reviewing proposed Department

reporting and record keeping

requirements, including those contained

in rules and regulations, to ensure that

they impose the minimum burden upon

the public and have practical utility for

the Department;

(iii) Developing and implementing

procedures for assessing the burden to

the public and costs to the Department

of information requirements contained

in proposed legislation affecting

Department programs; and

(iv) Assisting the Office of

Management and Budget in the

performance of its functions assigned

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), including

review of Department information

activities.

(11) The Chief Information Officer is

responsible for:

(i) Providing Departmentwide

guidance and direction in planning,

developing, documenting, and

managing applications software projects

in accordance with Federal and

Department information processing

standards, procedures, and guidelines;

(ii) Providing Departmentwide

guidance and direction in all aspects of

information technology, including

feasibility studies; economic analyses;

systems design; acquisition of

equipment, software, services, and

timesharing arrangements; systems

installation; systems performance and

capacity evaluation; and security.

Monitoring these activities for agencies’

major systems development efforts to

assure effective and economic use of

resources and compatibility among

systems of various agencies when

required;

(iii) Managing the Department

Computer Centers, with the exception of

the National Finance Center, including

setting rates to recover the cost of goods

and services within approved policy

and funding levels;

(iv) Reviewing and evaluating

information technology activities related

to delegated functions to assure that

they conform to all applicable Federal

and Department information technology

management policies, plans, standards,

procedures, and guidelines;

(v) Designing, developing,

implementing, and revising systems,

processes, work methods, and

techniques to improve the management

and operational effectiveness of

information resources;

(vi) Administering the Departmental

records, forms, reports and Directives

Management Programs;

(vii) Managing all aspects of the

USDA Telecommunications Program

including planning, development,

acquisition, and use of equipment and

systems for voice and data

communications, excluding the actual

procurement of data transmission

equipment, software, maintenance, and

related supplies;

(viii) Managing Departmental

telecommunications contracts;

(ix) Providing technical advice

throughout the Department;

(x) Implementing a program for

applying information resources

management technology to improve

productivity in the Department;

(xi) Planning, developing, installing,

and operating computer-based systems

for message exchange, scheduling,

computer conferencing, and other

applications of office automation

technology which can be commonly

used by multiple Department agencies

and offices;

(xii) Representing the Department in

contacts with the General Accounting

Office, the General Services

Administration, the Office of

Management and Budget, the National

Institute for Science and Technology,

and other organizations or agencies on

matters related to delegated

responsibilities; and

(xiii) Review, clear, and coordinate all

statistical forms, survey plans, and

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77763

reporting and record keeping

requirements originating in the

Department and requiring approval by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520).

(12) Implementing policies

established pursuant to paragraphs

(a)(1) through (11) of this section by:

(i) Disposing of information

technology that is acquired by a

Department agency in violation of

procedures or standards for the

Department Information Systems

Technology Architecture;

(ii) Establishing information

technology and information resources

management performance standards for

agency Chief Information Officers,

information resources managers, and

project managers to be used in the

performance appraisal process;

(iii) Approving the selection of agency

Chief Information Officers and agency

major information technology system

project managers in accordance with

criteria to be promulgated by the Chief

Information Officer;

(iv) Provide recommendations to

Agency Heads for the removal or

replacement of information technology

project managers, when, in the opinion

of the Chief Information Officer,

applicable laws and policies are being

violated, or, when the cost, schedule, or

performance of an information

technology project would indicate

management deficiencies;

(v) Withdrawing agencies’ authority to

obligate funds on Information

Technology programs or projects if the

agency violates the Chief Information

Officer policies, standards, or

Department Information Systems

Technology Architecture;

(vi) Requiring agencies to validate and

verify major information technology

systems through the use of an existing

contract for such purpose designated by

the Chief Information Officer; and

(vii) Requiring approval by the Chief

Information Officer of any proposed

acquisition of information technology

(whether through the award or

modification of a procurement contract,

a cooperative or other agreement with a

non-Federal party, or an interagency

agreement) to ensure technical

conformance to the Department

technical architecture.

(13) Provide management and

operational support to the Secretary of

Agriculture; the general staff offices; the

offices and agencies reporting to the

Assistant Secretary for Administration

and for any other offices or agencies of

the Department as may be agreed. As

used in this section, such support

services shall include:

(i) Information technology services, as

listed in paragraph (a)(11)(v) of this

section with authority to take actions

required by law or regulation to perform

such services; and

(ii) Forms management, files

management, and directives

management with authority to take

actions required by law or regulation to

perform such services.

(b) [Reserved]

Subpart P—Delegations of Authority

by the Assistant Secretary for

Administration

6.–7. A new § 2.88 is added to read as

follows:

§ 2.88 Director, Office of Small and

Disadvantaged Business Utilization.

(a) Delegations. Pursuant to § 2.24

(a)(3), the following delegations of

authority are made by the Assistant

Secretary for Administration to the

Director, Office of Small and

Disadvantaged Business Utilization:

(1) The Director, Office of Small and

Disadvantaged Business Utilization,

under the supervision of the Assistant

Secretary for Administration, has

specific responsibilities under the Small

Business Act, 15 U.S.C. 644(k). These

duties include being responsible for the

following:

(i) Administering the Department’s

small and disadvantaged business

activities related to procurement

contracts, minority bank deposits, and

grants and loan activities affecting small

and minority businesses including

women-owned business, and the small

business, small minority business, and

small women-owned business

subcontracting programs;

(ii) Providing Departmentwide liaison

and coordination of activities related to

small, small disadvantaged, and

women-owned businesses with the

Small Business Administration and

others in public and private sector;

(iii) Developing policies and

procedures required by the applicable

provision of the Small Business Act, as

amended, to include the establishment

of goals; and

(iv) Implementing and administering

programs described under sections 8

and 15 of the Small Business Act, as

amended (15 U.S.C. 637 and 644).

(b) [Reserved]

8. Section 2.89 is revised to read as

follows:

§ 2.89 Director, Office of Civil Rights.

(a) Delegations. Pursuant to § 2.24

(a)(4), the following delegations of

authority are made by the Assistant

Secretary for Administration to the

Director, Office of Civil Rights:

(1) Provide overall leadership,

coordination, and direction for the

Department’s programs of civil rights,

including program delivery compliance

and equal employment opportunity,

with emphasis on the following:

(i) Actions to enforce Title VI of the

Civil Rights Act of 1964, 42 U.S.C.

2000d, prohibiting discrimination in

federally assisted programs;

(ii) Actions to enforce Title VII of the

Civil Rights Act of 1964, as amended, 42

U.S.C. 2000e, prohibiting discrimination

in Federal employment;

(iii) Actions to enforce Title IX of the

Education Amendments of 1972, 20

U.S.C. 1681 et seq., prohibiting

discrimination on the basis of sex in

USDA education programs and

activities funded by the Department;

(iv) Actions to enforce the Age

Discrimination Act of 1975, 42 U.S.C.

6102, prohibiting discrimination on the

basis of age in USDA programs and

activities funded by the Department;

(v) Actions to enforce section 504 of

the Rehabilitation Act of 1973, as

amended, 29 U.S.C. 794, prohibiting

discrimination against individuals with

disabilities in USDA programs and

activities funded by the Department;

(vi) Actions to enforce section 504 of

the Rehabilitation Act of 1973, as

amended, 29 U.S.C. 794, prohibiting

discrimination against individuals with

disabilities in USDA conducted

programs;

(vii) Actions to enforce Title II of the

Americans with Disabilities Act of 1990,

as amended, 42 U.S.C. 12131, et seq.,

prohibiting discrimination against

individuals with disabilities in State

and local government services.

(viii) Actions to enforce related

Executive Orders, Congressional

mandates, and other laws, rules, and

regulations, as appropriate;

(ix) Actions to develop and monitor

compliance in the Department’s Federal

Women’s Program; and

(x) Actions to develop and monitor

the Department’s Hispanic Employment

Program.

(2) Evaluate Departmental agency

programs, activities, and impact

statements for civil rights concerns.

(3) Provide leadership and coordinate

Department agencies and systems for

targeting, collecting, analyzing, and

evaluating program participation data

and equal employment opportunity

data.

(4) Provide leadership and coordinate

Departmentwide programs of public

notification regarding the availability of

USDA programs on a nondiscriminatory

basis.

(5) Coordinate with the Department of

Justice on matters relating to Title VI of

77764 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

the Civil Rights Act of 1964 (42 U.S.C.

2000d), Title IX of the Education

Amendments of 1972 (20 U.S.C. 1681, et

seq), and section 504 of the

Rehabilitation Act of 1973, as amended

(29 U.S.C. 794), except those matters in

litigation, including administrative

enforcement actions, which shall be

coordinated by the Office of the General

Counsel.

(6) Coordinate with the Department of

Health and Human Services on matters

relating to the Age Discrimination Act of

1975, 42 U.S.C. 6102, except those

matters in litigation, including

administrative enforcement actions,

which shall be coordinated by the Office

of the General Counsel.

(7) Order proceedings and hearings in

the Department pursuant to §§ 15.9(e)

and 15.86 of this title which concern

consolidated or joint hearings within

the Department or with other Federal

departments and agencies.

(8) Order proceedings and hearings in

the Department pursuant to § 15.8 of

this title after the program agency has

advised the applicant or recipient of his

or her failure to comply and has

determined that compliance cannot be

secured by voluntary means.

(9) Issue orders to give a notice of

hearing or the opportunity to request a

hearing pursuant to part 15 of this title;

arrange for the designation of an

Administrative Law Judge to preside

over any such hearing; and determine

whether the Administrative Law Judge

so designated will make an initial

decision or certify the record to the

Secretary of Agriculture with his or her

recommended findings and proposed

action.

(10) Authorize the taking of action

pursuant to § 15.8(a) of this title relating

to compliance by ‘‘other means

authorized by law.’’

(11) Make determinations required by

§ 15.8(d) of this title that compliance

cannot be secured by voluntary means,

and then take action, as appropriate.

(12) Make determinations, after legal

sufficiency reviews by the Office of the

General Counsel, that program

complaint investigations performed

under § 15.6 of this title establish a

proper basis for findings of

discrimination, and that actions taken to

correct such findings are adequate.

(13) Perform investigations and make

final determinations, after legal

sufficiency reviews by the Office of the

General Counsel, on both the merits and

required corrective action, as to

complaints filed under part 15d of this

title.

(14) Conduct investigations and

compliance reviews Departmentwide.

(15) Develop regulations, plans, and

procedures necessary to carry out the

Department’s civil rights programs,

including the development,

implementation, and coordination of

Action Plans.

(16) Coordinate the Department’s

affirmative employment program,

special emphasis programs, Federal

Equal Opportunity Recruitment

Program, equal employment

opportunity evaluations, and

development of policy.

(17) Provide liaison on equal

employment opportunity programs and

activities with the Equal Employment

Opportunity Commission and the Office

of Personnel Management.

(18) Monitor, evaluate, and report on

agency compliance with established

policy and Executive Orders which

further the participation of historically

Black colleges and universities, the

Hispanic-serving institutions, 1994

tribal land grant institutions, and other

colleges and universities with

substantial minority group enrollment

in Departmental programs and

activities.

(19) Is designated as the Department’s

Director of Equal Employment

Opportunity with authority to perform

the functions and responsibilities of that

position under 29 CFR part 1614,

including the authority to make changes

in programs and procedures designed to

eliminate discriminatory practices and

improve the Department’s program for

Equal Employment Opportunity, to

provide equal employment opportunity

services for managers and employees,

and to make final agency decisions, after

legal sufficiency reviews by the Office of

the General Counsel, on EEO complaints

by Department employees or applicants

for employment and order such

corrective measures in such complaints

as may be considered necessary,

including the recommendation for such

disciplinary action as is warranted

when an employee has been found to

have engaged in a discriminatory

practice.

(20) Maintain liaison with historically

Black colleges and universities, the

Hispanic-serving institutions, 1994

tribal land grant institutions, and other

colleges and universities with

substantial minority group enrollment,

and assist Department agencies in

strengthening such institutions by

facilitating institutional participation in

Department programs and activities and

by encouraging minority students to

pursue curricula that could lead to

careers in the food and agricultural

sciences.

(21) Administer the Department’s EEO

Program.

(22) Oversee and manage the EEO

counseling function for the Department.

(23) Administer the discrimination

appeals and complaints program for the

Department, including all formal

individual or group appeals, where the

system provides for an avenue of redress

to the Department level, Equal

Employment Opportunity Commission,

or other outside authority.

(24) Process formal EEO

discrimination complaints, up to the

appellate stage, by employees or

applicants for employment.

(25) Investigate Department EEO and

program discrimination complaints.

(26) Issue Departmental regulations,

policies and procedures relating to the

use of Alternative Dispute Resolution to

resolve employment and program

discrimination complaints.

(27) Make final decisions, after legal

sufficiency reviews by the Office of the

General Counsel, on both EEO and

program discrimination complaints,

except in those cases where the

Director, Office of Civil Rights, has

participated in the events that gave rise

to the matter.

(28) Order such corrective measures

in EEO complaints as may be

considered necessary, including the

recommendation for such disciplinary

action as is warranted when an

employee has been found to engage in

a discriminatory practice.

(29) Provide liaison on EEO matters

concerning complaints and appeals with

Department agencies and Department

employees.

(30) Make final determinations, or

enter into settlement agreements, after

legal sufficiency reviews by the Office of

the General Counsel, on discrimination

complaints in conducted programs

subject to the Equal Credit Opportunity

Act.

(31) Require corrective action on

findings of discrimination on program

complaints and recommend to the

Secretary that relief be granted under 7

U.S.C. 6998(d), notwithstanding the

finality of National Appeals Divisions

decisions.

(32) Provide civil rights and equal

employment opportunity support

services, except for the equal

employment opportunity support

services provided by the Office of

Human Resources Management, with

authority to take actions required by law

or regulation to perform such services

for:

(i) The Secretary of Agriculture;

(ii) The general officers of the

Department;

(iii) The offices and agencies reporting

to the Assistant Secretary for

Administration; and

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77765

(iv) Any other offices or agencies of

the Department as may be agreed.

(b) [Reserved]

9. Section 2.90 is revised to read as

follows:

§ 2.90 Director, Office of Outreach.

(a) Delegations. Pursuant to § 2.24

(a)(5), the following delegations of

authority are made by the Assistant

Secretary for Administration to the

Director, Office of Outreach.

(1) Develop policy guidelines and

implement a Departmental outreach

program which delivers services to the

traditionally under-served customers.

(2) Administer and provide

leadership, direction, coordination, and

monitoring for the Small Farmer

Outreach Training and Technical

Assistance program, i.e. Outreach and

Technical Assistance Grants to Socially

Disadvantaged Farmers and Ranchers

Program, including the authority to

make grants and enter into contracts and

other agreements pursuant to 7. U.S.C.

2279 (a).

(3) Develop a strategic outreach plan

for the Department which coordinates

the goals, objectives and expectations of

mission area outreach programs.

(4) Coordinate the dissemination/

communication of all outreach

information from the Department and its

mission areas ensuring its transmission

to as wide a public spectrum as

possible.

(5) Serve as the Department’s official

outreach spokesperson.

(6) Provide coordination and

oversight of agency outreach activities

including the establishment of outreach

councils.

(7) Develop a system to monitor the

delivery of outreach grants and funding.

(8) Report agency outreach status,

accomplishments and make

recommendations to the Assistant

Secretary for Administration.

(b) [Reserved]

10. Section 2.91 is revised to read as

follows:

§ 2.91 Director, Office of Operations.

(a) Delegations. Pursuant to § 2.24

(a)(6), the following delegations of

authority are made by the Assistant

Secretary for Administration to the

Director, Office of Operations:

(1) Provide services for the

Department in the following areas:

(i) Acquiring, leasing, utilizing,

constructing, maintaining, and

disposing of real and personal property,

including control of space assignments,

in the Washington, D.C. metropolitan

area.

(ii) Acquiring, storing, distributing,

and disposing of forms; and

(iii) Mail management and all related

functions.

(2) Operating centralized

Departmental services to provide

printing, copy reproducing, offset

composing, supplies, mail, automated

mailing lists, excess property pool,

resource recovery, shipping and

receiving, forms, labor services, issuing

of general employee identification

cards, supplemental distributing of

Department directives, space allocating

and management, and related

management support.

(3) Providing property management,

space management, messenger,

communications, and other related

services with authority to take actions

required by law or regulation to perform

such services for:

(i) The Secretary of Agriculture;

(ii) The general officers of the

Department;

(iii) The offices and agencies reporting

to the Assistant Secretary for

Administration;

(iv) Any other offices or agencies of

the Department as may be agreed; and

(v) Other federal, state, or local

government organizations on a cost

recovery basis.

(4) Represent the Department in

contacts with other organizations or

agencies on matters related to assigned

responsibilities.

(5) Promulgate Departmental

regulations, standards, techniques, and

procedures and represent the

Department in maintaining the security

of physical facilities, self-protection,

and warden services, in the Washington,

D.C. metropolitan area.

(6) Provide internal administrative

management and support services for

the defense program of the Department.

(b) [Reserved]

11. Section 2.92 is revised to read as

follows:

§ 2.92 Director, Office of Human

Resources Management.

(a) Delegations. Pursuant to § 2.24

(a)(7), subject to reservations in

§ 2.24(b)(1), the following delegations of

authority are made by the Assistant

Secretary for Administration to the

Director, Office of Human Resources

Management:

(1) Formulate and issue Department

policy, standards, rules and regulations

relating to human resources

management.

(2) Provide human resources

management procedural guidance and

operational instructions.

(3) Set standards for human resources

data systems.

(4) Inspect and evaluate human

resources management operations and

issue instructions or take direct action

to insure conformity with appropriate

laws, Executive Orders, Office of

Personnel Management rules and

regulations, and other appropriate rules

and regulations.

(5) Exercise final authority in all

human resources matters, including

individual cases, that involve the

jurisdiction of more than one General

Officer, or agency head.

(6) Receive, review, and recommend

action on all requests for the Secretary’s

or Assistant Secretary for

Administration’s approval in human

resources matters.

(7) Make final decisions on adverse

actions except in those cases where the

Assistant Secretary for Administration

or the Director, Office of Human

Resources Management, has

participated.

(8) Represent the Department in

human resources matters in all contacts

outside the Department.

(9) Exercise specific authorities in the

following operational matters:

(i) Waive repayment of training

expenses where an employee fails to

fulfill service agreement;

(ii) Establish or change standards and

plans for awards to private citizens; and

(iii) Execute, change, extend, or

renew:

(A) Labor-Management Agreements;

and

(B) Associations of Management

Officials’ or Supervisors’ Agreements.

(iv) Represent any part of the

Department in all contacts and

proceedings with the National Offices of

Labor Organizations.

(v) Change a position (with no

material change in duties) from one pay

system to another;

(vi) Grant restoration rights, and

release employees with administrative

reemployment rights;

(vii) Authorize any mass dismissals of

employees in the Washington, DC

metropolitan area;

(viii) Approve ‘‘normal line of

promotion’’ cases in the excepted

service where not in accordance with

time-in grade criteria;

(ix) Make the final decision on all

classification appeals filed with the

Department of Agriculture;

(x) Authorize all employment actions

(except nondisciplinary separations and

LWOP) and classification actions for

senior level and equivalent positions

including Senior Executive Service

positions and special authority

professional and scientific positions

responsible for carrying out research

and development functions;

(xi) Authorize all employment actions

(except LWOP) for the following

positions:

77766 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

(A) Schedule C;

(B) Non-career Senior Executive

Service or equivalent; and

(C) Administrative Law Judge.

(xii) Make final decisions on adverse

actions for positions in GS–14 and 15 or

equivalent and, as appropriate,

redelegate this authority to the Heads of

Departmental agencies;

(xiii) Authorize adverse action for

positions in the career Senior Executive

Service or equivalent and, as

appropriate, redelegate this authority on

a case by case basis to Heads of

Departmental agencies;

(xiv) Approve the details of

Department employees to the White

House;

(xv) Authorize adverse actions based

in whole or in part on an allegation of

violation of 5 U.S.C. chapter 73,

subchapter III, for employees in the

excepted service;

(xvi) Authorize long-term training in

programs which require

Departmentwide competition; and

(xvii) Initiate and take adverse action

in cases involving a violation of the

merit system.

(10) As used in this section, the term

human resources includes:

(i) Position management;

(ii) Position classification;

(iii) Employment;

(iv) Pay administration;

(v) Automated human resources data

and systems;

(vi) Hours of duty;

(vii) Performance management;

(viii) Promotions;

(ix) Employee development;

(x) Incentive programs;

(xi) Leave;

(xii) Retirement;

(xiii) Human resource program

management evaluation;

(xiv) Social security;

(xv) Life insurance;

(xvi) Health benefits;

(xvii) Unemployment compensation;

(xviii) Labor management relations;

(xix) Intramanagement consultation;

(xx) Security;

(xxi) Discipline; and

(xxii) Appeals.

(11) Provide human resource services,

as listed in paragraph (a)(10) of this

section; and organizational support

services; with authority to take actions

required by law or regulation to perform

such services for:

(i) The Secretary of Agriculture;

(ii) The general officers of the

Department;

(iii) The offices reporting to the

Assistant Secretary for Administration;

and

(iv) Any other officer or agency of the

Department as may be agreed.

(12) Maintain, review, and update

Departmental delegations of authority.

(13) Recommend authorization of

organizational changes which occur in:

(i) Departmental organizations:

(A) Agency or office;

(B) Division (or comparable

component); and

(C) Branch (or comparable component

in Departmental centers, only).

(ii) Field organizations;

(A) First organizational level; and

(B) Next lower organizational levelrequired only for those types of field

installations where the establishment,

change in location, or abolition of same

requires approval in accordance with

Departmental internal direction.

(14) Formulate and promulgate

Departmental policies regarding

reorganizations.

(15) Establish Departmentwide safety

and health policy and provide

leadership in the development,

coordination, and implementation of

related standards, techniques, and

procedures, and represent the

Department in complying with laws,

Executive Orders and other policy and

procedural issuances and related to

occupational safety and health within

the Department.

(16) Represent the Department in all

rulemaking, advisory, or legislative

capacities on any groups, committees, or

Government wide activities that affect

the USDA Occupational Safety and

Health Management Program.

(17) Determine and provide

Departmentwide technical services and

regional staff support for the safety and

health programs.

(18) Administer the computerized

management information systems for

the collection, processing, and

dissemination of data related to the

Department’s occupational safety and

health programs.

(19) Administer the administrative

appeals process related to the inclusion

of positions in the Testing Designated

Position listing in the Department’s

Drug-Free Workplace Program and

designate the final appeal officer for that

Program.

(20) Administer the Department’s

Occupational Health and Prevention

Medical Program, as well as design and

operate employee assistance and

workers’ compensation activities.

(21) Provide education and training

on a Departmentwide basis for safety

and health-related issues and develop

resource and operational manuals.

(22) Oversee and manage the

Department’s administrative grievance

program.

(23) Make final decisions in those

cases where an agency head has

appealed the recommended decision of

a grievance examiner.

(b) Reservation. The following

authority is reserved to the Assistant

Secretary for Administration:

(1) Authorize organizational changes

occurring in a Department agency or

staff office which affect the overall

structure of that service or office; i.e.,

require a change to that service or

office’s overall organization chart.

(2) [Reserved]

12. A new § 2.93 is added to read as

follows:

§ 2.93 Director, Office of Procurement,

Property, and Emergency Preparedness.

(a) Delegations. Pursuant to §§ 2.24

(a)(8), (a)(9), (a)(10), and (a)(11), the

following delegations of authority are

made by the Assistant Secretary for

Administration to the Director, Office of

Procurement, Property, and Emergency

Preparedness:

(1) Promulgate policies, standards,

techniques, and procedures, and

represent the Department, in the

following:

(i) Acquisition, including, but not

limited to, the procurement of supplies,

services, equipment, and construction;

(ii) Socioeconomic programs relating

to contracting;

(iii) Selection, standardization, and

simplification of program delivery

processes utilizing contracts;

(iv) Acquisition, leasing, utilization,

value analysis, construction,

maintenance, and disposition of real

and personal property, including

control of space assignments;

(v) Motor vehicle and aircraft fleet

and other vehicular transportation;

(vi) Transportation of things (traffic

management);

(vii) Prevention, control, and

abatement of pollution with respect to

Federal facilities and activities under

the control of the Department (Executive

Order 12088, 3 CFR, 1978 Comp., p.

243);

(viii) Implementation of the Uniform

Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42

U.S.C. 4601, et seq.); and

(ix) Development and implementation

of energy management and

environmental actions related to

acquisition and procurement, real and

personal property management, waste

prevention and resource recycling, and

logistics. Maintain liaison with the

Office of the Federal Environmental

Executive, the Department of Energy,

and other Government agencies in these

matters.

(2) Exercise the following special

authorities:

(i) The Director, Office of

Procurement, Property, and Emergency

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77767

Preparedness is designated as the

Departmental Debarring Officer and

authorized to perform the functions of

48 CFR part 9, subpart 9.4 related to

procurement activities, except for

commodity acquisitions on behalf of the

Commodity Credit Corporation (7 CFR

part 1407), with authority to redelegate

suspension and debarment authority for

contracts awarded under the School

Lunch and Surplus Removal Programs

(42 U.S.C. 1755 and 7 U.S.C. 612c);

(ii) Conduct liaison with the Office of

Federal Register (1 CFR part 16)

including the making of required

certifications pursuant to 1 CFR part 18;

(iii) Maintain custody and permit

appropriate use of the official seal of the

Department;

(iv) Establish policy for the use of the

official flags of the Secretary and the

Department;

(v) Coordinate collection and

disposition of personal property of

historical significance;

(vi) Make information returns to the

Internal Revenue Service as prescribed

by 26 U.S.C. 6050M and by 26 CFR

1.6050M–1 and such other Treasury

regulations, guidelines or procedures as

may be issued by the Internal Revenue

Service in accordance with 26 U.S.C.

6050M. This includes making such

verifications or certifications as may be

required by 26 CFR 1.6050M–1 and

making the election allowed by 26 CFR

1.6050M–1(d)(5)(1).

(vii) Promulgate regulations for the

management of contracting and

procurement for information technology

and telecommunication equipment,

software, services, maintenance and

related supplies; and

(viii) Represent the Department in

contacts with the General Accounting

Office, the General Services

Administration, the Office of

Management and Budget, and other

organizations or agencies on matters

related to assigned responsibilities; and

(ix) Redelegate, as appropriate, the

authority in paragraph (a)(10) of this

section to agency Property Officials or

other qualified agency officials with no

power of further redelegation.

(3) Exercise authority under the

Department’s Acquisition Executive (the

Assistant Secretary for Administration)

to integrate and unify the management

process for the Department’s major

system acquisitions and to monitor

implementation of the policies and

practices set forth in OMB Circular A–

109, Major Systems Acquisitions, with

the exception that major system

acquisitions for information technology

shall be under the cognizance of the

Chief Information Officer. This

delegation includes the authority to:

(i) Insure that OMB Circular A–109 is

effectively implemented in the

Department and that the management

objectives of the Circular are realized;

(ii) Review the program management

of each major system acquisition,

excluding information technology;

(iii) Designate the program manager

for each major system acquisition,

excluding information technology; and

(iv) Designate any Departmental

acquisition, excluding information

technology, as a major system

acquisition under OMB Circular A–109.

(4) Pursuant to Executive Order

12931, 3 CFR, 1994 Comp., p. 925, and

sections 16, 22, and 37 of the Office of

Federal Procurement Policy Act, as

amended, 41 U.S.C. 414, 418(b), and

433, serve as the Senior Procurement

Executive for the Department with

responsibility for the following:

(i) Prescribing and publishing

Departmental acquisition policies,

regulations, and procedures;

(ii) Taking any necessary actions

consistent with policies, regulations,

and procedures, with respect to

purchases, contracts, leases, and other

transactions;

(iii) Designating contracting officers;

(iv) Establishing clear lines of

contracting authority;

(v) Evaluating and monitoring the

performance of the Department’s

procurement system;

(vi) Managing and enhancing career

development of the Department’s

acquisition work force;

(vii) Participating in the development

of Governmentwide procurement

policies, regulations and standards, and

determining specific areas where

Governmentwide performance

standards should be established and

applied;

(viii) Developing unique

Departmental standards as required,

(ix) Overseeing the development of

procurement goals, guidelines, and

innovation;

(x) Measuring and evaluating

procurement office performance against

stated goals;

(xi) Advising the Assistant Secretary

whether procurement goals are being

achieved;

(xii) Prescribing standards for agency

Procurement Executives and designating

agency Procurement Executives when

these standards are not met;

(xiii) Redelegating, as appropriate, the

authority in paragraph (a)(5)(i) of this

section to agency Procurement

Executives or other qualified agency

officials with no power of further

redelegation; and

(xiv) Redelegating the authorities in

paragraphs (a)(5)(ii), (iv), (vi), and (vii)

of this section to agency Procurement

executives or other qualified agency

officials with the power of further

redelegation.

(5) Represent the Department in

establishing standards for acquisition

transactions within the electronic data

interchange environment.

(6) Pursuant to the Alternative

Agricultural Research and

Commercialization Act of 1990 (7 U.S.C.

5901–5909), establish and maintain a

Preference List for selected products

developed with commercialization

assistance under 7 U.S.C. 5905.

(7) Designate the Departmental Task

Order Ombudsman pursuant to 41

U.S.C. 253j.

(8) Promulgate Departmental policies,

standards, techniques, and procedures

and represent the Department in

maintaining the security of physical

facilities nationwide.

(9) Review and approve exemptions

for USDA contracts and subcontracts

from the requirements of the Clean Air

Act, as amended (42 U.S.C. 7401, et

seq.), the Federal Water Pollution

Control Act, as amended (33 U.S.C.

1251, et seq.), and Executive Order

11738, 3 CFR, 1971–1975 Comp., p. 799,

when he or she determines that the

paramount interest of the United States

so requires as provided in these acts and

Executive Order and the regulations of

the Environmental Protection Agency

(40 CFR 32.215 (b)).

(10) Promulgate policy and obtain and

furnish excess Federal personal

property in accordance with section 923

of Public Law 104–127, in support

research, educational, technical and

scientific activities or for related

programs, to:

(i) Any 1994 Institutions (as defined

in section 532 of the Equity in

Educational Land-Grant Status Act of

1994, (Public Law 103–382; 7 U.S.C. 301

note));

(ii) Any Institutions eligible to receive

funds under the Act of August 30, 1890

(7 U.S.C. 321 et seq.) including

Tuskegee University; and

(iii) Any Hispanic-serving Institutions

(as defined in sections 316(b) of the

Higher Education Act of 1965 (20 U.S.C.

1059c (b)).

(11) Issuance of regulations and

directives to implement or supplement

the Federal Acquisition Regulations (48

CFR chapters 1 and 4).

(12) Issuance of regulations and

directives to implement or supplement

the Federal Property Management

Regulations (41 CFR chapters 101 and

102).

(13) Exercise full Departmentwide

contracting and procurement authority.

77768 Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations

(14) Conduct acquisitions with

authority to take actions required by law

or regulation to procure supplies,

services, and equipment for:

(i) The Secretary of Agriculture;

(ii) The general officers of the

Department;

(iii) The offices and agencies reporting

to the Assistant Secretary for

Administration;

(iv) Any other offices or agencies of

the Department as may be agreed; and

(v) For other federal, state, or local

government organizations on a cost

recovery basis.

(15) Pursuant to the Office of Federal

Procurement Policy Act (Act), as

amended (41 U.S.C. 401, et seq.),

designate the Department’s Advocate for

Competition with the responsibility for

section 20 of the Act (41 U.S.C. 418),

including:

(i) Reviewing the procurement

activities of the Department;

(ii) Developing new initiatives to

increase full and open competition;

(iii) Developing goals and plans and

recommending actions to increase

competition;

(iv) Challenging conditions

unnecessarily restricting competition in

the acquisition of supplies and services;

(v) Promoting the acquisition of

commercial items; and

(vi) Designating an Advocate for

Competition for each procuring activity

within the Department.

(16) Related to emergency

preparedness:

(i) Administer the Department

Emergency Preparedness Program. This

includes the:

(A) Coordination of the assignments

made to the Department by Executive

Order 12656, November 18, 1988,

‘‘Assignment of Emergency

Preparedness Responsibilities,’’ 3 CFR,

1988 Comp., p. 255, to ensure that the

Department has sufficient capabilities to

respond to any occurrence, including

natural disaster, military attack,

technological emergency, or any other

emergency.

(B) Management of the Department

Emergency Coordination Center and

alternate facilities;

(C) Development and promulgation of

policies for the Department regarding

emergency preparedness and national

security, including matters relating to

anti-terrorism and agriculture-related

emergency preparedness planning both

national and international;

(D) Providing guidance and direction

regarding issues of emergency

preparedness, disaster assistance, and

national security to the agencies,

mission areas, and the State and County

Emergency Boards;

(E) Representing and acting as liaison

for the Department in contacts with

other Federal entities and organizations,

including the Federal Emergency

Management Agency and the National

Security Council, concerning matters of

assigned responsibilities; and

(F) Overseeing Department continuity

of operations, planning, and emergency

relocation facilities to ensure that

resources are in a constant state of

readiness.

(ii) Provide guidance and direction to

the Department Emergency Coordinator,

who, along with the Chief Economist, is

responsible for coordinating the

preparation of Department estimates of

agricultural losses from natural disaster.

(iii) Coordinate the Department

responsibilities under disaster

assistance authorities, including the

Chemical Stockpile Emergency

Preparedness Program, the Federal

Radiological Emergency Response Plan,

the Federal Response Plan, the National

Oil and Hazardous Substance Pollution

Contingency Plan, and other Federal

emergency response plans.

(17) With respect to facilities and

activities under his or her authority, to

exercise the authority of the Secretary of

Agriculture pursuant to section 1–102

related to compliance with applicable

pollution control standards and section

1–601 of Executive Order 12088, 3 CFR,

1978 Comp., p. 243, to enter into an

inter-agency agreement with the United

States Environmental Protection

Agency, or an administrative consent

order or a consent judgment in an

appropriate State, interstate, or local

agency, containing a plan and schedule

to achieve and maintain compliance

with applicable pollution control

standards established pursuant to the

following:

(i) Solid Waste Disposal Act, as

amended by the Resource Conservation

and Recovery Act, as further amended

by the Hazardous and Solid Waste

Amendments, and the Federal Facility

Compliance Act (42 U.S.C. 6901, et

seq.);

(ii) Federal Water Pollution

Prevention and Control Act, as amended

(33 U.S.C. 1251, et seq.);

(iii) Safe Drinking Water Act, as

amended (42 U.S.C. 300F, et seq.);

(iv) Clean Air Act, as amended (42

U.S.C. 7401, et seq.);

(v) Noise Control Act of 1972, as

amended (42 U.S.C. 4901, et seq.);

(vi) Toxic Substances Control Act, as

amended (15 U.S.C. 2601, et seq.);

(vii) Federal Insecticide, Fungicide,

and Rodenticide Act, as amended (7

U.S.C. 136, et seq.); and

(viii) Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended by the

Superfund Amendments and

Reauthorization Act of 1986 (42 U.S.C.

9601, et seq.).

(b) [Reserved]

13. A new § 2.94 is added to read as

follows:

§ 2.94 Director, Office of Planning and

Coordination

(a) Delegations. Pursuant to § 2.24

(a)(12) and (a)(13), the following

delegations of authority are made by the

Assistant Secretary for Administration

to the Director, Office of Planning and

Coordination:

(1) Administer a productivity program

in accordance with Executive Order

12089, 3 CFR, 1979 Comp., p. 246, and

other policy and procedural directives

and laws to:

(2) Develop strategies to improve

processes with respect to administrative

and financial activities of the

Department and make recommendations

to the Secretary.

(3) Improve Departmental

management by: performing

management studies and reviews in

response to agency requests for

assistance; enhancing management

decision making by developing and

applying analytic techniques to address

particular administrative operational

and management problems; searching

for more economical or effective

approaches to the conduct of business;

developing and revising systems,

processes, work methods and

techniques; and undertaking other

efforts to improve the management

effectiveness and productivity of the

Department.

(4) Coordinate Departmental

Administration strategic planning and

budget activities on behalf of the

Assistant Secretary.

(5) Oversee the Conflict Prevention

and Resolution Center, the Director of

which:

(i) Serves as the Department’s Dispute

Resolution Specialist under the

Administrative Dispute Resolution Act

of 1996, 5 U.S.C. 571, et seq., and

provides leadership, direction and

coordination for the Department’s

conflict prevention and resolution

activities;

(ii) Provides ADR services for:

(A) The Secretary of Agriculture;

(B) The general officers of the

Department;

(C) The offices and agencies reporting

to the Assistant Secretary for

Administration; and

(D) Any other officer or agency of the

Department as may be agreed.

(iii) Develops and issues standards for

mediators and other ADR neutrals

utilized by the Department.

Federal Register / Vol. 65, No. 240 / Wednesday, December 13, 2000 / Rules and Regulations 77769

(iv) Coordinates ADR activities

throughout the Department; and

(vi) Monitors Agency ADR programs

and reports at least annually to the

Secretary on the Department’s ADR

activities.

(b) [Reserved]

14. A new § 2.95 is added to read as

follows:

§ 2.95 Director, Office of Ethics.

(a) Delegations. Pursuant to the Office

of Government Ethics regulations at 5

CFR part 2638, and the Delegations of

Authority from the Secretary dated

April 28, 1998, the Director, Office of

Ethics, shall be the USDA Designated

Agency Ethics Official and shall

exercise all authority pursuant to that

designation.

(b) [Reserved]

15. A new Subpart Q is added to read

as follows:

Subpart Q-Delegations of Authority by

the Chief Information Officer

§ 2.200 Deputy Chief Information Officer.

Pursuant to § 2.37, the following

delegation of authority is made by the

Chief Information Officer to the Deputy

Chief Information Officer, to be

exercised only during the absence or

unavailability of the Chief Information

Officer: perform all duties and exercise

all powers which are now or which may

hereafter be delegated to the Chief

Information Officer.

For Subpart C:

Dated: November 28, 2000.

Dan Glickman,

Secretary of Agriculture.

For Subpart E:

Dated: November 28, 2000.

Richard E. Rominger,

Deputy Secretary of Agriculture.

For Subpart P:

Dated: November 28, 2000.

Paul W. Fiddick,

Assistant Secretary for Administration.

For Subpart Q:

Dated: November 28, 2000.

Ira L. Hobbs,

Acting Chief Information Officer.

[FR Doc. 00–31513 Filed 12–12–00; 8:45 am]

BILLING CODE 3410–01–P

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN 0584–AC93

Special Supplemental Nutrition

Program for Women, Infants, and

Children (WIC): Final Rule—WIC

Nondiscretionary Funding

Modifications of P.L. 106–224

AGENCY: Food and Nutrition Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule amends the

WIC Program regulations to incorporate

two nondiscretionary funding

provisions mandated by the Agricultural

Risk Protection Act of 2000. The first

change modifies the methodology used

to calculate the national administrative

grant per person, which is used to

determine the amount of WIC funds to

be used for food benefits and nutrition

services and administration (NSA). The

second change provides greater

flexibility for State agencies in

noncontiguous States containing a

significant number of remote Indian or

Native villages by permitting them to

convert food funds to cover allowable

NSA costs incurred in providing

services and breastfeeding support to

those areas.

EFFECTIVE DATE: This rule is effective

October 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Patricia Daniels, (703) 305–2746.

SUPPLEMENTARY INFORMATION:

Background

Why Is This Rule Being Promulgated?

The Agriculture Risk Protection Act of

2000 (Pub. L. 106–224), was enacted on

June 20, 2000, and, among other things,

mandates two modifications to WIC

funding procedures. The first change

modifies the methodology used to

calculate the national administrative

grant per participant, which is used to

determine the amount of WIC funds to

be used for food benefits and NSA. This

change calls for a revision of the

inflation rate calculation methodology.

The second change provides greater

flexibility for State agencies in

noncontiguous States containing a

significant number of remote Indian or

Native villages by permitting them to

convert food funds to cover allowable

NSA costs incurred in providing

services and breastfeeding support to

those areas. This provision recognizes

the higher costs associated with service

delivery to these remote sites.

Why Are no Comments Being Taken on

This Rule and Why Is It Effective

October 1, 2000?

The changes to the WIC regulations

made by this rule are mandated by

Congress and require no Agency

discretion. Further, section 263 of Pub.

L. 106–224 requires that FNS

promulgate regulations to implement

these provisions as soon as practicable

after the date of enactment without

regard to the Administrative Procedure

Act’s notice and comment provisions at

5 U.S.C. 553; the Statement of Policy of

the Secretary of Agriculture effective

July 24, 1971 (36 FR 13804, July 24,

1971), relating to notices of proposed

rulemaking and public participation in

rulemaking; and the Paperwork

Reduction Act at 44 U.S.C. chapter 35.

In addition, section 172 of Pub. L. 106–

224 requires us to promulgate rules to

carry out the Act and its amendments

not later than 120 days after the date of

enactment. For these reasons, we are not

taking public comment prior to

promulgating this rule. Finally, section

244(f)(2) of Pub. L. 106–224 provides

that the WIC funding changes take effect

on October 1, 2000. Accordingly, this

rule is effective October 1, 2000.

Why Is This Rule and Preamble in

Question and Answer Format?

We have used this opportunity to

rewrite the affected provisions in a

question and answer format to improve

readability. This approach also complies

with the President’s Executive

Memorandum requiring all Federal

regulations published after January 1,

1999 to be in Plain Language, as

recommended by the National

Partnership for Reinventing

Government.

What Is the Change to the Calculation

of the National Administrative Grant

Per Participant?

The national administrative grant per

person (AGP) is used in the WIC

funding formula to determine the

amount of funds allocated for: (1) Food

benefits; and (2) NSA costs. The Child

Nutrition and WIC Reauthorization Act

of 1989 (Pub.L. 101–147), amended

section 17(h)(1) of the Child Nutrition

Act of 1966 (CNA) to require a specific

methodology be used to calculate the

AGP. (Section 17 of the CNA is codified

at 42 U.S.C. 1786.) This legislation

required the AGP for any fiscal year to

be calculated by adjusting the actual

national average per participant grant

for fiscal year 1987 to reflect the

percentage change between: (1) the

value of the index for State and local

government purchases (S&LP), using the