[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Rules and Regulations]
[Pages 34251-34256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13746]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 118 / Monday, June 21, 2004 / Rules 
and Regulations  

[[Page 34251]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revision of Delegations of Authority

AGENCY: Office of the Secretary, Department of Agriculture (USDA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: USDA amends the delegations of authority from the Secretary of 
Agriculture to the Assistant Secretary for Civil Rights (ASCR), and 
from the ASCR to the Office of Civil Rights (CR), to no longer require 
prior approval by the Office of the General Counsel (OGC) of all final 
decisions related to complaints of discrimination in employment, 
federally assisted programs, and federally conducted programs, but 
rather to leave to the discretion of the ASCR and CR a judgment as to 
which such decisions should be reviewed by OGC prior to issuance. This 
document also reflects the transfer of authorities for the Office of 
Outreach and the Conflict Prevention and Resolution Center from the 
Assistant Secretary for Administration (ASA) to the ASCR, transfer of 
authority related to historic preservation from the ASA to the Under 
Secretary for Natural Resources and Environment, transfer of authority 
related to relationships with Native Americans from the ASA to the 
Assistant Secretary for Congressional Relations, delegations of 
authority to the Administrator of the Foreign Agricultural Service with 
respect to coordinating Department activities involving satellite 
imagery data, and revision of the order of succession in the event of 
the incapacity of the Secretary or Deputy Secretary.

DATES: This rule is effective June 21, 2004.

FOR FURTHER INFORMATION CONTACT: Director, Office of Civil Rights (CR), 
USDA, Reporters Building, Room 541, 1400 Independence Avenue, SW., 
Washington, DC 20250, (202) 720-5212 (for civil rights matters); Allen 
VanderGriff, Foreign Agricultural Service (FAS), United States 
Department of Agriculture, Room 6539-S, 1400 Independence Avenue, SW., 
Washington, DC 20250, (202) 720-0888 (for satellite imagery matters); 
or Arthur Goldman, Office of the Assistant Secretary for Administration 
(ASA), Room 209-A, 1400 Independence Avenue, SW., Washington, DC 20250, 
(202) 720-3291 (all other matters).

SUPPLEMENTARY INFORMATION: 

Civil Rights Delegations

    The Department of Agriculture (USDA) is one of the largest Federal 
agencies in the nation. Its programs affect millions of people, from 
farmers to residents of rural communities to school children. It 
operates one of the most complex and decentralized civil rights 
structures in the Federal Government. Numerous agencies and staff 
nationwide are involved in carrying out its civil rights program. One 
of the primary responsibilities of the USDA's Office of Civil Rights 
(CR) is to ensure compliance with civil rights laws, regulations, and 
policies.
    Since 1971, CR has been responsible for providing leadership, 
guidance, coordination, and direction to all USDA agencies, offices, 
and staff engaged in civil rights enforcement and voluntary civil 
rights compliance. Through the years, CR has undergone reorganizations, 
name changes, and realignments in an effort to ensure compliance with 
all civil rights laws and regulations throughout USDA.
    In an effort to further strengthen civil rights compliance and 
enforcement within USDA, Congress, in passing the Farm Security and 
Rural Investment Act of 2002, Public Law 107-171, authorized the 
position of the Assistant Secretary of Civil Rights (ASCR). The 
Secretary established that position on March 7, 2003.
    The ASCR conducted a review of the Department's civil rights 
programs, including the Delegations of Authority for processing 
complaints of discrimination in employment, as well as, those for 
federally assisted and federally conducted programs. Current 
regulations require a legal sufficiency review by the Office of the 
General Counsel (OGC) of the following:
     Determinations that program complaint investigations 
performed under 7 CFR 15.6 establish a proper basis for findings of 
discrimination, and that actions taken to correct such findings are 
adequate;
     Final determinations on both the merits and required 
corrective actions as to complaints filed under 7 CFR part 15d;
     Final Agency Decisions on Equal Employment Opportunity 
complaints by employees or applicants for employment;
     Final Agency Decisions on program discrimination 
complaints; and
     Final determinations or settlement agreements on 
discrimination complaints in conducted programs subject to the Equal 
Credit Opportunity Act.
    It has been determined that the requirements for mandatory review 
by OGC of all decisions, corrective actions, and settlement agreements 
falling within these categories will be removed, and the ASCR and 
officials of CR will be permitted to seek legal review, whenever 
warranted, on a case-by-case basis.
    Therefore, the Delegations of Authority from the Secretary to the 
ASCR, and from the ASCR to the Director of CR, are revised to remove 
the mandatory requirements of OGC's legal sufficiency reviews. The 
delegation from the ASCR to the Director of CR is further revised to 
clarify that the ASCR serves as the Department's Director of Equal 
Employment Opportunity and the Director of CR provides support to the 
ASCR in that capacity.

Outreach and Conflict Resolution

    By Secretary's Memorandum 1020-53 issued on August 1, 2003, the 
Secretary transferred the Office of Outreach and the Conflict 
Prevention and Resolution Center, Office of Human Resources Management, 
from the Assistant Secretary for Administration (ASA) to the ASCR. This 
rule revises the published delegations of authority to reflect that 
transfer.

Satellite Imagery

    The Foreign Agricultural Service (FAS) is responsible for 
conducting studies of worldwide agricultural production, trade, and 
other factors affecting exports and imports of U.S.

[[Page 34252]]

agricultural commodities. As part of this function, FAS acts as the 
Departmental liaison with U.S. space programs undertaking remote 
sensing activities, and coordinates all agency satellite imagery data 
needs. This rule will revise currently obsolete delegations from the 
Under Secretary for Farm and Foreign Agricultural Services pertaining 
to satellite imagery and place these functions within the FAS.

Relationships With Native American Tribes

    Principal responsibility for the implementation of Executive Order 
13175, including consultation and collaboration with tribal officials, 
and coordination of USDA programs involving assistance to American 
Indians and Alaska Natives is transferred from the Assistant Secretary 
for Administration to the Assistant Secretary for Congressional 
Relations, and further redelegated to the Director, Office of 
Intergovernmental Relations.

Historic Preservation

    Responsibility for USDA implementation of the National Historic 
Preservation Act of 1966, 16 U.S.C. 470 et seq., Executive Order 11593, 
3 CFR, 1971-1975 Comp., p. 559, and regulations of the Advisory Council 
on Historic Preservation, 36 CFR part 800, including the authority to 
name the Secretary's designee to the Advisory Council on Historic 
Preservation, is transferred from the ASA to the Under Secretary for 
Natural Resources and Environment.

Order of Succession

    Finally, on December 18, 2001, President Bush signed Executive 
Order 13241 (66 FR 66258 (December 21, 2001)) which revised the order 
of succession of officials to act as Secretary of Agriculture during 
any period in which both the Secretary and Deputy Secretary have died, 
resigned, or are otherwise unable to perform the functions and duties 
of the Office of the Secretary. The delegations of authority at 7 CFR 
2.5 are revised to reflect the provisions of Executive Order 13241, as 
amended by Executive Order 13261 issued on March 19, 2002 (67 FR 13243 
(March 21, 2002)).

Classification

    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking 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 internal agency management, it is exempt from the 
provisions of Executive Order No. 12291. Finally, this action is not a 
rule as defined by the Regulatory Flexibility Act, Public Law 96-354, 
and, thus, is exempt from the provisions of that Act.

List of Subjects in 7 CFR Part 2

    Administrative practice and procedure, Authority delegations 
(government agencies), Civil rights, Nondiscrimination.

0
Accordingly, title 7 of the Code of Federal Regulations is amended as 
set forth below:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 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

0
2. Revise Sec.  2.5 to read as follows:


Sec.  2.5  Order in which officers of the Department shall act as 
Secretary.

    (a) Pursuant to Executive Order 13241 (66 FR 66258), as amended by 
Executive Order 13261 (67 FR 13243), during any period when both the 
Secretary and the Deputy Secretary have died, resigned, or are 
otherwise unable to perform the functions and duties of the office of 
the Secretary, the officials designated in paragraphs (a)(1) through 
(a)(10) of this section shall act as Secretary in the order in which 
they are listed. Each official shall act only in the event of the 
death, resignation, or inability to perform the duties of Secretary of 
the immediately preceding official:
    (1) The Under Secretary for Farm and Foreign Agricultural Services.
    (2) The Under Secretary for Marketing and Regulatory Programs.
    (3) The Under Secretary for Rural Development.
    (4) The Under Secretary for Food, Nutrition, and Consumer Services.
    (5) The Under Secretary for Natural Resources and Environment.
    (6) The Under Secretary for Research, Education, and Economics.
    (7) The Under Secretary for Food Safety.
    (8) The General Counsel.
    (9) The Assistant Secretary for Administration.
    (10) The Assistant Secretary for Congressional Relations.
    (b) No official who is serving in an office listed in paragraphs 
(a)(1) through (a)(10) of this section in an acting capacity shall, by 
virtue of so serving, act as Secretary pursuant to this section.
    (c) Notwithstanding the provisions of this section and Executive 
Orders 13241 and 13262, the President retains the discretion, to the 
extent permitted by Subchapter III of Chapter 33 of title 5 of the 
United States Code, to depart from the order of succession in paragraph 
(a) of this section in designating an acting Secretary.

Subpart C--Delegations of Authority to the Deputy Secretary, the 
Under Secretaries and Assistant Secretaries

0
3. Add Sec.  2.20(a)(9) to read as follows:


Sec.  2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (9) Related to historic preservation. Administer the implementation 
of the National Historic Preservation Act of 1966, 16 U.S.C. 470 et 
seq., Executive Order 11593, 3 CFR, 1971-1975 Comp., p. 559, and 
regulations of the Advisory Council on Historic preservation, 36 CFR 
part 800, for the Department of Agriculture with authority to name the 
Secretary's designee to the Advisory Council on Historic Preservation.
* * * * *

0
4. Add Sec.  2.23(a)(2)(v) to read as follows:


Sec.  2.23  Assistant Secretary for Congressional Relations

    (a) * * *
    (2) * * *
    (v) Serve as the official with the principal responsibility for the 
implementation of Executive Order 13175, including consultation and 
collaboration with tribal officials, and coordinate the Department's 
programs involving assistance to American Indians and Alaska Natives.
* * * * *


Sec.  2.24  [Amended]

0
5. Amend Sec.  2.24 as follows:
0
a. Remove and reserve paragraphs (a)(4) and (a)(12),
0
b. Remove paragraphs (a)(18), and (a)(19),
0
c. Redesignate paragraph (a)(20) as (a)(18).

0
6. Revise Sec.  2.25 to read as follows:


Sec.  2.25  Assistant Secretary for Civil Rights.

    (a) The following delegations of authority are made by the 
Secretary to the Assistant Secretary for Civil Rights:
    (1) Provide overall leadership, coordination, and direction for the 
Department's programs of civil rights, including program delivery,

[[Page 34253]]

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 related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (viii) Actions to develop and implement the Department's Federal 
Women's Program.
    (ix) Actions to develop and implement the Department's Hispanic 
Employment Program.
    (2) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (3) Provide leadership and coordinate Departmental 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 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 
Sec. Sec.  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 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) Investigate (or make determinations that program complaint 
investigations establish a proper basis for final determinations), make 
final determinations on both the merits and required corrective action, 
and, where applicable, make recommendations to the Secretary that 
relief be granted under 7 U.S.C. 6998(d) notwithstanding the finality 
of National Appeals Division decisions, as to complaints filed under 
parts 15a, 15b, and 15d of this title, except in those cases where the 
Assistant Secretary for Civil Rights has participated in the events 
that gave rise to the matter.
    (14) Conduct civil rights 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) 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.
    (17) Related to Equal Employment Opportunity (EEO). Is designated 
as the Department's Director of Equal Employment Opportunity with 
authority:
    (i) To perform the functions and responsibilities of that position 
under 29 CFR part 1614, including the authority:
    (A) To make changes in programs and procedures designed to 
eliminate discriminatory practices and improve the Department's EEO 
program.
    (B) To provide EEO services for managers and employees.
    (C) To make final agency decisions 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.
    (ii) Administer the Department's EEO program.
    (iii) Oversee and manage the EEO counseling function for the 
Department.
    (iv) Process formal EEO complaints by employees or applicants for 
employment.
    (v) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
has participated in the events that gave rise to the matter.
    (vi) 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.
    (vii) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (viii) Coordinate the Department's affirmative employment program, 
special emphasis programs, Federal

[[Page 34254]]

Equal Opportunity Recruitment Program, EEO evaluations, and development 
of policy.
    (ix) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (18) 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.
    (19) 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.
    (20) Make final determinations, or enter into settlement 
agreements, on discrimination complaints in federally 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.
    (21) Make final determinations in proceedings under part 15f of 
this title where review of an administrative law judge decision is 
undertaken.
    (22) Provide civil rights and equal employment opportunity 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 and agencies reporting to the Assistant Secretary 
for Administration.
    (iv) Any other offices or agencies of the Department as may be 
agreed.
    (23) Related to outreach.
    (i) Develop policy guidelines and implement a Departmental outreach 
program which delivers services to traditionally under-served 
customers.
    (ii) Develop a strategic outreach plan for the Department which 
coordinates the goals, objectives, and expectations of mission area 
outreach programs.
    (iii) 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.
    (iv) Serve as the Department's official outreach spokesperson.
    (v) Provide coordination and oversight of agency outreach 
activities including the establishment of outreach councils.
    (vi) Develop a system to monitor the delivery of outreach grants 
and funding.
    (vii) Establish requirements and procedures for reporting agency 
outreach status and accomplishments including Departmental reporting 
under the Outreach and Assistance for Socially Disadvantaged Farmers 
and Ranchers Program (7 U.S.C. 2279).
    (24) 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.
    (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.
    (vi) Monitor agency ADR programs and report at least annually to 
the Secretary on the Department's ADR activities.
    (25) Redelegate, as appropriate, any authority delegated under this 
section to general officers of the Department and heads of Departmental 
agencies.
    (b) [Reserved]

Subpart F--Delegations of Authority by the Under Secretary for Farm 
and Foreign Agricultural Services


Sec.  2.42  [Amended]

0
7. Remove Sec.  2.42(a)(3)(ix) and redesignate Sec.  2.42(a)(3)(x) as 
Sec.  2.42(a)(3)(ix).

0
8. Add Sec.  2.43(a)(45) to read as follows:


Sec.  2.43  Administrator, Foreign Agricultural Service.

    (a) * * *
    (45) Support remote sensing activities of the Department and 
research with satellite imagery including:
    (i) Providing liaison with U.S. space programs;
    (ii) Providing administrative management of the USDA Remote Sensing 
Archive and the transfer of satellite imagery to all USDA agencies;
    (iii) Coordinating all agency satellite imagery data needs; and
    (iv) Arranging for acquisition, and preparation of imagery for use 
to the extent of existing capabilities.
* * * * *

Subpart O--Delegations of Authority by the Assistant Secretary for 
Congressional Relations

0
9. Revise Sec.  2.85(a) to read as follows:


Sec.  2.85  Director, Office of Intergovernmental Affairs.

    (a) Delegations. Pursuant to Sec.  2.23, the following delegations 
of authority are made by the Assistant Secretary for Congressional 
Relations to the Director, Office of Intergovernmental Affairs:
    (1) Coordinate all programs involving intergovernmental affairs 
including State and local government relations and liaison with:
    (i) National Association of State Departments of Agriculture;
    (ii) Office of Intergovernmental Relations (Office of Vice 
President);
    (iii) Advisory Commission on Intergovernmental Relations;
    (iv) Council of State Governments;
    (v) National Governors Conference;
    (vi) National Association of Counties;
    (vii) National League of Cities;
    (viii) International City Managers Association;
    (ix) U.S. Conference of Mayors; and
    (x) Such other State and Federal agencies, departments, and 
organizations as are necessary in carrying out the responsibilities of 
this office.
    (2) Maintain oversight of the activities of USDA representatives to 
the 10 Federal Regional councils.
    (3) Serve as the USDA contact with the Advisory Commission on

[[Page 34255]]

Intergovernmental Relations for implementation of OMB Circular A-85 to 
provide advance notification to State and local governments of proposed 
changes in Department programs that affect such governments.
    (4) Act as the Department representative for Federal executive 
board matters.
    (5) Serve as the official with the principal responsibility for the 
implementation of Executive Order 13175, including consultation and 
collaboration with tribal officials, and coordinate the Department's 
programs involving assistance to American Indians and Alaska Natives.
* * * * *

Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration


Sec.  2.92  [Amended]

0
10. Remove Sec.  2.92(a)(24) and redesignate Sec. Sec.  2.92(a)(25) and 
(26) as Sec. Sec.  2.92(a)(24) and (25).


Sec.  2.90  [Removed]

0
11. Remove and reserve Sec.  2.90.

Subpart R--Delegations of Authority by the Assistant Secretary for 
Civil Rights

0
12. Revise Sec.  2.300 to read as follows:


Sec.  2.300  Director, Office of Civil Rights.

    (a) Pursuant to Sec.  2.25, the following delegations of authority 
are made by the Assistant Secretary for Civil Rights 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 related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (viii) Actions to develop and implement the Department's Federal 
Women's Program.
    (ix) Actions to develop and implement the Department's Hispanic 
Employment Program.
    (2) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (3) Provide leadership and coordinate Departmental 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 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 
Sec. Sec.  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 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) Investigate (or make determinations that program complaint 
investigations establish a proper basis for final determinations), make 
final determinations on both the merits and required corrective action, 
and, where applicable, make recommendations to the Secretary that 
relief be granted under 7 U.S.C. 6998(d) notwithstanding the finality 
of National Appeals Division decisions, as to complaints filed under 
parts 15a, 15b, and 15d of this title, except in those cases where the 
Director, Office of Civil Rights, has participated in the events that 
gave rise to the matter.
    (14) Conduct civil rights 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) 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.
    (17) Related to Equal Employment Opportunity (EEO). Provide support 
to the Assistant Secretary for Civil Rights who serves as the 
Department's Director of Equal Employment Opportunity, with authority 
to:
    (i) Perform the functions and responsibilities of that position 
under

[[Page 34256]]

29 CFR part 1614, including the authority:
    (A) To make changes in programs and procedures designed to 
eliminate discriminatory practices and improve the Department's EEO 
program.
    (B) To provide EEO services for managers and employees.
    (C) To make final agency decisions 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
    (ii) Administer the Department's EEO program.
    (iii) Oversee and manage the EEO counseling function for the 
Department.
    (iv) Process formal EEO complaints by employees or applicants for 
employment.
    (v) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
has participated in the events that gave rise to the matter.
    (vi) 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.
    (vii) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (viii) Coordinate the Department's affirmative employment program, 
special emphasis programs, Federal Equal Opportunity Recruitment 
Program, EEO evaluations, and development of policy.
    (ix) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (18) 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.
    (19) 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.
    (20) Make final determinations, or enter into settlement 
agreements, 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.
    (21) Provide civil rights and equal employment opportunity 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 and agencies reporting to the Assistant Secretary 
for Administration.
    (iv) Any other offices or agencies of the Department as may be 
agreed.
    (22) Related to outreach.
    (i) Develop policy guidelines and implement a Departmental outreach 
program which delivers services to traditionally under-served 
customers.
    (ii) Develop a strategic outreach plan for the Department which 
coordinates the goals, objectives, and expectations of mission area 
outreach programs.
    (iii) 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.
    (iv) Serve as the Department's official outreach spokesperson.
    (v) Provide coordination and oversight of agency outreach 
activities including the establishment of outreach councils.
    (vi) Develop a system to monitor the delivery of outreach grants 
and funding.
    (vii) Establish requirements and procedures for reporting agency 
outreach status and accomplishments including Departmental reporting 
under the Outreach and Assistance for Socially Disadvantaged Farmers 
and Ranchers Program (7 U.S.C. 2279).
    (24) 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.
    (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.
    (vi) Monitor Agency ADR programs and report at least annually to 
the Secretary on the Department's ADR activities.
    (25) Redelegate, as appropriate, any authority delegated under this 
section to general officers of the Department and heads of Departmental 
agencies.
    (b) [Reserved]

    For Part 2, Subparts A, C, and P:

    Dated: May 14, 2004.
Ann M. Veneman,
Secretary of Agriculture.
    For Part 2, Subpart F:

    Dated: May 18, 2004.
J.B. Penn,
Under Secretary for Farm and Foreign Agricultural Services.
    For Part 2, Subpart O:

    Dated: May 18, 2004.
Mary K. Waters,
Assistant Secretary for Congressional Relations.
    For Part 2, Subpart R:

    Dated: June 10, 2004.
Vernon B. Parker,
Assistant Secretary for Civil Rights.
[FR Doc. 04-13746 Filed 6-18-04; 8:45 am]
BILLING CODE 3410-01-P