Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 21533

1201 Constitution Avenue, N.W.,

Washington, DC 20423; and (2) Robert

A. Wimbish, Suite 420, 1920 N Street,

N.W., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Avenue, N.W.,

Washington, DC 20423. Telephone:

(202) 289–4357/4359. [Assistance for

the hearing impaired is available

through TDD services (202) 927–5721.]

Decided: April 22, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11741 Filed 5–9–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

[Treasury Directive Number 12–70]

Delegation of Authority of Functions

and Establishment of Responsibilities

Relating to the Institute of American

Indian Arts

May 3, 1996.

1. Purpose. This Directive delegates

authority and establishes

responsibilities for functions relating to

the Institute of American Indian and

Alaska Native Culture and Arts

Development’s (referred to as the

‘‘Institute of American Indian Arts’’ or

the ‘‘Institute’’) two trust funds: the

Program Enhancement Endowment and

the Capital Improvement Endowment.

2. Scope. This Directive applies to the

Office of the Assistant Secretary for

Management & CFO, Office of Inspector

General (OIG), Office of the

Commissioner of Internal Revenue

(IRS), Office of the Commissioner,

Financial Management Service (FMS),

and Office of the Deputy CFO.

3. Background. Treasury Order (TO)

102–11 delegates the authority vested in

the Secretary of the Treasury by 20

U.S.C. 4425 for the Institute of

American Indian and Alaska Native

Culture and Arts Development to the

Assistant Secretary for Management &

CFO and to the Inspector General.

a. The Institute, a Governmentcontrolled corporation and not an

agency of the United States, was

established by Congress in October 1986

by Public Law (Pub. L.) 99–498. It

submits an annual report to Congress,

submits its budget directly to Congress,

and receives appropriations (20 U.S.C.

4451) to meet normal operating

expenses. It is designated as its own

certifying agency for funds appropriated

to it (20 U.S.C. 4451)(a)(4)). Pub. L. 101–

644, 104 Stat. 4669, dated November 29,

1990, enacted an amended 20 U.S.C.

4425, ‘‘Endowment Programs,’’

expanding the role of the Secretary of

the Treasury in the Institute. This

amendment established the Program

Enhancement Endowment and the

Capital Improvement Endowment trust

funds. Statutory amendments (Pub. L.

101–644, Title V, § 505, dated November

29, 1990) and 20 U.S.C. 4416(f) further

established a Federal matching

contribution for private contributions to

the trust funds, such that the Program

Enhancement Endowment and the

Capital Improvement Endowment may

accept, in addition to cash

contributions, ‘‘noncash, in-kind

contributions of real or personal

property’’ which may be converted to

cash. Federal matching contributions

are limited by the annual appropriation

for matching purposes.

b. The statute requires the Secretary of

the Treasury to:

(1) establish procedures for appraisal

of noncash donations to the Institute;

(2) transfer to the Institute funds

constituting the Federal capital

contribution to the Program

Enhancement and Capital Endowment

trust funds established by § 4425(a) and

§ 4416(f) equal to the amount the

Institute demonstrates it has received as

private contributions (either cash or

noncash). It is Treasury’s responsibility

to establish appropriate procedures

concerning cash contributions and how

the Institute will ‘‘demonstrate’’ receipt;

and

(3) review and approve the governing

provisions of the trust funds established

under § 4425, including the

recordkeeping requirements, as will

allow for the Secretary of the Treasury

to audit and monitor the activities of the

trust funds covered in 20 U.S.C.

4425(c)(3).

4. Delegations. The authority

delegated to the Assistant Secretary for

Management & CFO by TO 102–11 is

redelegated as follows.

a. The Deputy CFO is delegated the

authority contained in 20 U.S.C. 4425 to

perform the functions vested in the

Secretary by that section, as redelegated

under TO 102–11, subject to the

delegations in paragraphs 4.b. and 4.c.

b. The Commissioner of Internal

Revenue is delegated the authority to:

(1) amend the procedures for

appraising contributions to the Institute

established in accordance with 20

U.S.C. 4425(a)(3); and

(2) assist the General Services

Administration (GSA) in reviewing such

appraisals.

c. The Commissioner, Financial

Management Service, is delegated the

authority to:

(1) establish and maintain necessary

Government account symbols for the

Institute’s appropriated amounts;

(2) make payment transfers of Federal

funds to the Institute pursuant to, and

in accordance with, the provisions of 20

U.S.C. 4451, 4425(a)(4) and (b)(5); and

(3) complete all necessary Federal

transfer and reporting forms related to

the Institute’s appropriated amounts.

5. Responsibilities.

a. The Inspector General (IG) shall

perform an annual financial statement

audit of the Program Enhancement

Endowment and the Capital

Improvement Endowment trust funds.

The IG shall conduct these audits inhouse or through a contractual

arrangement.

b. The Deputy CFO shall:

(1) review and ensure that the

recordkeeping procedures for the trust

funds, the Program Enhancement

Endowment and the Capital

Improvement Endowment, are adequate

to protect the financial interest of the

United States for the:

(a) investment of Federal funds

received by the trust funds; and

(b) expenditure of accumulated

interest for the trust funds; and

(2) monitor the activities of the trust

funds by reviewing the quarterly

unaudited financial statements for the

trust funds.

c. The Commissioner of Internal

Revenue shall perform the duties stated

in paragraph 4.b. and as specified in the

Memorandum of Understanding (MOU)

dated February 3, 1995, between GSA,

the Institute and the Department of the

Treasury.

d. The Commissioner, Financial

Management Service, shall perform the

duties stated in paragraph 4.c. and as

specified in the MOU dated February 3,

1995, between GSA, the Institute and

the Department of the Treasury.

6. Authorities.

a. TO 102–11, ‘‘Delegation—Institute

of American Indian Arts,’’ dated March

17, 1992.

b. 20 U.S.C. 4425, ‘‘Endowment

Programs.’’

c. 20 U.S.C. 4451, ‘‘Authorization of

Appropriations.’’

d. 20 U.S.C. 4416(f), ‘‘Applicability’’

7. Cancellation. Treasury Directive

12–70, ‘‘Delegation of Authority of
21534 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices

Functions and Establishment of

Responsibilities Relating to the Institute

of American Indian Arts,’’ dated

November 25, 1992, is superseded.

8. Expiration Date. This Directive

expires three years from the date of

issuance unless superseded or cancelled

prior to that date.

9. Office of Primary Interest. Office of

the Deputy CFO, Office of the Assistant

Secretary for Management & CFO.

George Mun ̃ oz,

Assistant Secretary for Management & CFO.

[FR Doc. 96–11672 Filed 5–9–96; 8:45 am]

BILLING CODE 4810–25–P

[Treasury Order Number 102–17]

Delegation of Authority Concerning the

Personnel Security Program

May 2, 1996.

By virtue of the authority vested in

the Secretary of the Treasury, including

the authority vested by 31 U.S.C. 321(d),

it is ordered that:

1. The Department shall maintain a

personnel security program to fulfill the

responsibilities imposed by 5 U.S.C.

7531–7533; Executive Order (E.O.)

12968, ‘‘Access to Classified

Information,’’ dated August 2, 1995;

E.O. 10450, ‘‘Security Requirements for

Government Employees,’’ dated April

27, 1953, as amended; and any other

applicable authorities. The program

shall be applicable throughout the

Department.

2. The Assistant Secretary for

Management & CFO is delegated the

authority of the Secretary to exercise

and perform all duties, rights, powers,

and obligations under the abovereferenced authorities. This delegation

includes making all determinations and

appointments and issuing any

regulations required to implement the

Department’s personnel security

program, except for any matter in

which, by law, executive order, or

regulation of outside agencies, the

personal decision of the head of the

agency or principal deputy is required.

3. The Assistant Secretary for

Management & CFO is designated

pursuant to Section 6.1 of E.O. 12968 as

the Senior Agency Official to direct and

administer the Department’s personnel

security program.

4. The responsibilities of the Special

Assistant to the Secretary (National

Security) continue uninterrupted and

are not affected by this Order.

5. The authority delegated by this

Order may be redelegated.

Robert E. Rubin,

Secretary of the Treasury.

[FR Doc. 96–11673 Filed 5–9–96; 8:45 am]

BILLING CODE 4810–25–P

Customs Service

Announcement of National Customs

Automation Program Test Regarding

Reconciliation

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: This notice announces

Customs plan to conduct a voluntary

prototype test regarding reconciliation.

This reconciliation test will cover

entries to which antidumping and

countervailing duties apply. This notice

invites public comments concerning any

aspect of the planned test, informs

interested members of the public of the

eligibility requirements for voluntary

participation in the testing of this

prototype, and describes the basis on

which Customs will select participants.

EFFECTIVE DATES: The test of this

prototype will commence no earlier

than July 9, 1996. This test will end

when liquidation or reliquidation of all

Reconciliations has become final.

Comments concerning the methodology

of this prototype must be received on or

before June 10, 1996. To participate in

this prototype test, the necessary

information, as outlined in this notice,

must be filed with Customs on or before

June 10, 1996.

ADDRESSES: Written comments

regarding this notice, and information

submitted to be considered for

voluntary participation in this prototype

should be addressed to Reconciliation

Prototype Team, U.S. Customs Service,

1301 Constitution Avenue, N.W., Room

1322, Washington, D.C. 20229–0001.

FOR FURTHER INFORMATION CONTACT: For

questions on reconciliation: Rychelle

Ingram (202) 927–1131.

For questions on Antidumping and

Countervailing duties: Frank Crowe

(202) 927–0402.

SUPPLEMENTARY INFORMATION:

Background

Title VI of the North American Free

Trade Agreement Implementation Act

(the Act), Public Law 103–182, 107 Stat.

2057 (December 8, 1993), contains

provisions pertaining to Customs

Modernization (107 Stat. 2170). Subtitle

B of Title VI establishes the National

Customs Automation Program (NCAP)—

an automated and electronic system for

the processing of commercial

importations. Section 637 of the Act

amends Section 484 of the Tariff Act of

1930 by establishing a new subsection

(b) entitled ‘‘Reconciliation.’’

Reconciliation is a planned component

of the NCAP. Section 631 authorizes

tests of planned NCAP components.

Section 101.9(b) of the Customs

Regulations (19 CFR 101.9(b)),

implements the testing of NCAP

components. See T.D. 95–21 (60 FR

14211, March 16, 1995). This test is

established pursuant to those

regulations.

Previous NCAP initiatives include

Customs prototype of remote location

filing (60 FR 17605), and the

announcement of a reconciliation

prototype for related party importers

making upward adjustments to the price

of imported merchandise, pursuant to

26 U.S.C. 482. (60 FR 46141 and 60 FR

64470.)

I. Description of Proposed Test

The Concept of Reconciliation

Reconciliation will allow an importer

to provide Customs with information

(other than that related to the

admissibility of merchandise), which is

not available at the time of entry

summary filing, at a subsequent time. A

notice of intention to file a

Reconciliation (‘‘Notice of Intent’’)

permits the liquidation of an entry as to

all issues other than those which are

transferred to the Reconciliation. By

filing a Notice of Intent, an importer is

requesting that a certain issue be

separated from the entry. The importer

voluntarily requests and accepts that the

issue identified in the Notice of Intent

remains open and outstanding and is

transferred to the Reconciliation. In this

prototype, the issue of liability for

antidumping and countervailing duties

(AD/CVD) will be transferred to the

Reconciliation. This permits Customs to

liquidate the underlying entry as to the

other issues, e.g., classification, but the

issue of liability for AD/CVD is held

open at the request of the importer, and

is transferred to the Reconciliation.

Upon liquidation of the entry, any

decision by Customs entering into that

liquidation, e.g., classification, may be

protested pursuant to 19 U.S.C. 1514.

When the outstanding information, e.g.,

final antidumping duty owed as per the

assessed rate, is later furnished in the

Reconciliation, the Reconciliation may

be liquidated. The Reconciliation will

operate as an entry for purposes of

liquidation and protest of the issue in

the Reconciliation. The liquidation of

the Reconciliation may be protested but