[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Rules and Regulations]
[Pages 77755-77769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31513]



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

[[Page 77755]]



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

[[Page 77756]]

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


Sec. 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:


Sec. 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 
Secs. 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 
Sec. 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 Sec. 15.8(a) of this 
title relating to compliance by ``other means authorized by law.''
    (xi) Make determinations required by Sec. 15.8(d) of this title 
that compliance

[[Page 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 Sec. 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.

[[Page 77758]]

    (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 level-required 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.

[[Page 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

[[Page 77760]]

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

[[Page 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 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.).
    (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]


Sec. 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, Sec. 2.37 is removed, and subpart E is reserved; 
and in subpart D, a new Sec. 2.37 is added to read as follows:


Sec. 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

[[Page 77762]]

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

[[Page 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 Sec. 2.88 is added to read as follows:


Sec. 2.88  Director, Office of Small and Disadvantaged Business 
Utilization.

    (a) Delegations. Pursuant to Sec. 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:


Sec. 2.89  Director, Office of Civil Rights.

    (a) Delegations. Pursuant to Sec. 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

[[Page 77764]]

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 
Secs. 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 
Sec. 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 Sec. 15.8(a) of 
this title relating to compliance by ``other means authorized by law.''
    (11) Make determinations required by Sec. 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 Sec. 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

[[Page 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:


Sec. 2.90  Director, Office of Outreach.

    (a) Delegations. Pursuant to Sec. 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:


Sec. 2.91  Director, Office of Operations.

    (a) Delegations. Pursuant to Sec. 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:


Sec. 2.92  Director, Office of Human Resources Management.

    (a) Delegations. Pursuant to Sec. 2.24 (a)(7), subject to 
reservations in Sec. 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:

[[Page 77766]]

    (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 level-required 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 Sec. 2.93 is added to read as follows:


Sec. 2.93  Director, Office of Procurement, Property, and Emergency 
Preparedness.

    (a) Delegations. Pursuant to Secs. 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

[[Page 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.

[[Page 77768]]

    (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 Sec. 2.94 is added to read as follows:


Sec. 2.94  Director, Office of Planning and Coordination

    (a) Delegations. Pursuant to Sec. 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.

[[Page 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 Sec. 2.95 is added to read as follows:


Sec. 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


Sec. 2.200  Deputy Chief Information Officer.

    Pursuant to Sec. 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