Revision of Delegations of Authority, 43366-43393 [2010-17465]

Agencies

• Office of the Secretary
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43366-43393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17465]



[[Page 43365]]

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Part V





Department of Agriculture





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7 CFR Part 2



Revision of Delegations of Authority; Final Rule

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules 
and Regulations

[[Page 43366]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA41


Revision of Delegations of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This document revises the delegations of authority from the 
Secretary of Agriculture and general officers of the Department of 
Agriculture (USDA) principally to reflect changes to the delegations 
required by the reorganization of Departmental Staff Offices, 
Departmental Administration, and the Assistant Secretary for Civil 
Rights under the newly named ``Departmental Management,'' led by the 
Assistant Secretary for Administration. Other additions, deletions, and 
changes are made as summarized below.

DATES: Effective Date: Effective July 23, 2010.

FOR FURTHER INFORMATION CONTACT: Roberta Jeanquart, Chief of Staff, 
Office of the Assistant Secretary for Administration, USDA 1400 
Independence Ave., SW., Stop 0103, Washington, DC 20250-0103 Phone 
(202) 720-3291 E-mail: bobbi.jeanquart@osec.usda.gov.

SUPPLEMENTARY INFORMATION: 

Departmental Management Reorganization

    Effective October 1, 2009, the Secretary of Agriculture 
(``Secretary'') implemented within USDA a reorganization of 
Departmental Staff Offices, Departmental Administration, and the 
Assistant Secretary for Civil Rights (``ASCR'') under the newly named 
``Departmental Management,'' led by the Assistant Secretary for 
Administration (``ASA''). For further information, see Secretary's 
Memorandum 1060-001, ``Reorganization of Departmental Staff Offices, 
Departmental Administration, and Assistant Secretary for Civil 
Rights,'' available at https://www.ocio.usda.gov/directives/doc/SM1060-001.pdf. This rulemaking amends USDA's delegations of authority at 7 
CFR part 2 principally to reflect this reorganization.
    Under the reorganized Departmental Management organization, the 
following officials within USDA report directly to the ASA: Assistant 
Secretary for Civil Rights (``ASCR''); Chief Information Officer 
(``CIO''); \1\ Chief Financial Officer (``CFO''); \2\ Director, Office 
of Human Resources Management (``OHRM''); Director, Office of Small and 
Disadvantaged Business Utilization (``OSDBU''); Director, Office of 
Procurement and Property Management (``OPPM''); Director, Office of 
Advocacy and Outreach (``OAO''); Director, Office of Homeland Security 
and Emergency Coordination (``OHSEC''); \3\ Director, Office of 
Operations (``OO''); Director, Office of the Executive Secretariat 
(``OES''); and Director, Management Services. The ASA continues to 
provide administrative supervision of the Office of Administrative Law 
Judges (``OALJ''). Pursuant to this new reporting structure, the 
Secretary has delegated to the ASA responsibilities in the following 
areas: civil rights; information technology and information resources; 
financial systems and budget formulation and execution; human resources 
management; small and disadvantaged business utilization; procurement 
and property management; advocacy and outreach; homeland security, 
personnel and document security, and emergency coordination; operations 
support; Secretarial correspondence; and shared management services. 
The ASA continues to provide administrative supervision of the OALJ and 
has delegated the authority to assign certain proceedings to the OALJ 
and maintain overall responsibility and control over the OALJ Hearing 
Clerk's activities. Delegations from the Secretary to the ASA are 
reflected in 7 CFR part 2, subpart C, Sec.  2.24.
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    \1\ The Chief Information Officer continues to report directly 
to the Secretary regarding certain information technology matters as 
required by the Clinger-Cohen Act of 1996, 44 U.S.C. 3506. See 7 CFR 
2.89(a)(1).
    \2\ The Chief Financial Officer continues to report directly to 
the Secretary regarding certain financial management matters as 
required by the Chief Financial Officers Act of 1990, 31 U.S.C. 902. 
See 7 CFR 2.90(a)(1).
    \3\ The Director, OHSEC, reports directly to the Secretary with 
respect to certain functions delegated by the Secretary to the 
Director, OHSEC, regarding management of the personnel security 
functions of USDA and the safeguarding of certain national security 
information. See 7 CFR 2.95.
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    Delegations by the ASA to other officials are reflected in 7 CFR 
part 2, subpart P, as follows:
     Civil rights, to the ASCR (Sec.  2.88).
     Information technology and information resources, to the 
CIO (Sec.  2.89).
     Financial systems and budget formulation and execution, to 
the CFO (Sec.  2.90).
     Human resources management, to the Director, OHRM (Sec.  
2.91).
     Small and disadvantaged business utilization, to the 
Director, OSDBU (Sec.  2.92).
     Procurement and property management, to the Director, OPPM 
(Sec.  2.93).
     Advocacy and outreach, to the Director, OAO (Sec.  2.94).
     Homeland security, personnel and document security, and 
emergency coordination, to the Director, OHSEC (Sec.  2.95).
     Operations support, to the Director, OO (Sec.  2.96).
     Secretarial correspondence, to the Director, OES (Sec.  
2.97).
     Shared management services, to the Director, Management 
Services (Sec.  2.98).
    Additionally, the ASA is delegating to the Deputy Assistant 
Secretaries of Administration the authority to perform the duties of 
the ASA during the absence or unavailability of the ASA (Sec.  2.87).
    This rulemaking reflects the establishment of two new organizations 
within Departmental Management. First, the Office of Advocacy and 
Outreach (``OAO'') has been established pursuant to section 226B of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), 
as added by section 14013 of the Food, Conservation, and Energy Act of 
2008, Public Law 110-246. The OAO was established to improve access to 
USDA programs and services by small farms and ranches, beginning 
farmers and ranchers, and socially disadvantaged farmers and ranchers. 
Delegations from the ASA to the Director, OAO are reflected in 7 CFR 
2.94 and include certain advocacy and outreach functions previously 
carried out by other elements within USDA.
    Second, Management Services has been established to service the 
human resources, information technology, budget, and procurement 
operational needs of the various offices that comprise Departmental 
Management. Delegations from the ASA to the Director, Management 
Services are reflected in 7 CFR 2.98.
    This rulemaking also reflects the renaming of the Office of 
Homeland Security as the Office of Homeland Security and Emergency 
Coordination (``OHSEC''). The OHSEC provides Departmental executive 
leadership in Government-wide initiatives pertaining to physical 
security, emergency programs, personnel and document security, 
continuity of operations/continuity of government, homeland security, 
and operations center support to USDA emergency response and program 
operations nationwide. Delegations from the ASA to the Director, OHSEC 
are reflected in 7 CFR 2.95 and include certain physical and document 
security, emergency preparedness, and radiation safety

[[Page 43367]]

functions previously carried out by other elements within USDA.
    This rulemaking also reflects the abolishment of the Office of 
Planning and Coordination (delegations formerly at 7 CFR 2.94). 
Additionally, delegations from the ASCR to the Director, Office of 
Civil Rights (formerly at 7 CFR 2.300) are removed because the ASCR is 
now within the Departmental Management organization under the ASA (see 
Sec.  2.88). A new delegation is added from the ASCR to the Deputy ASCR 
to perform the duties of the ASCR during his or her absence or 
unavailability (see Sec.  2.300).
    The rulemaking also reflects the reorganization of several 
functions within the Department. These include budget formulation and 
program analysis duties carried out by the Director, Office of Budget 
and Program Analysis (``OBPA''), which is now within the Office of the 
Chief Financial Officer (see Sec.  2.501). The ethics function of the 
Department (formerly at 7 CFR 2.95), for purposes of administrative 
supervision only, is now within the Office of Human Resources 
Management (see Sec.  2.91). Additionally, USDA special emphasis 
programs have moved from the ASCR to OHRM.
    To implement the changes described above, the following section in 
7 CFR part 2, subpart C (``Delegations of Authority to the Deputy 
Secretary, the Under Secretaries, and the Assistant Secretaries for 
Congressional Relations and Administration''), is being removed: Sec.  
2.25 (``Assistant Secretary for Civil Rights''). (Delegations of 
authority by the ASA to the ASCR are now reflected in 7 CFR part 2, 
subpart P, Sec.  2.88.)
    The following sections in 7 CFR part 2, subpart D (``Delegations of 
Authority to Other General Officers and Agency Heads''), are being 
removed: Sec.  2.26 (``Director, Office of the Executive 
Secretariat''); Sec.  2.28 (``Chief Financial Officer''); Sec.  2.30 
(``Director, Office of Budget and Program Analysis''); Sec.  2.32 
(``Director, Office of Homeland Security''); and Sec.  2.37 (``Chief 
Information Officer''). (Delegations from the ASA to the Director, OES, 
are now reflected in 7 CFR part 2, subpart P, Sec.  2.97; delegations 
from the ASA to the CFO are now reflected in 7 CFR part 2, subpart P, 
Sec.  2.90; delegations from the CFO to the Director, OBPA, are now 
reflected in 7 CFR part 2, subpart T, Sec.  2.501; delegations from the 
ASA to the Director, OHSEC, are now reflected in 7 CFR part 2, subpart 
P, Sec.  2.95; and delegations from the ASA to the CIO are now 
reflected in 7 CFR part 2, subpart P, Sec.  2.89.)
    Subpart M (``Delegations of Authority by the Chief Financial 
Officer'') and Sec.  2.75 (``Deputy Chief Financial Officer'') are 
being removed. (Delegations to the Deputy CFO are now reflected in a 
new subpart T, Sec.  2.500.)
    Subpart P (``Delegations of Authority by the Assistant Secretary 
for Administration'') is re-ordered to reflect the delegations to the 
officials within Departmental Management, as described above.
    Subpart Q (``Delegations of Authority by the Chief Information 
Officer'') and Sec.  2.200 (``Deputy Chief Information Officer'') are 
amended, respectively, to read ``Delegations of Authority by the 
General Counsel'' and ``Deputy General Counsel.'' (Delegations to the 
Deputy CIO are now reflected in a new subpart S, Sec.  2.400.)
    Subpart R (``Delegations of Authority by the Assistant Secretary 
for Civil Rights'') contains the new delegation from the ASCR to the 
Deputy ASCR to perform the duties of the ASCR during his or her absence 
or unavailability (see Sec.  2.300).
    Finally, to implement the reorganized Departmental Management 
organization, several conforming amendments are made to subpart C 
(Sec. Sec.  2.16, 2.17, 2.20, and 2.21), subpart D (Sec.  2.27), 
subpart F (Sec.  2.42), subpart G (Sec. Sec.  2.47, 2.48, and 2.49), 
subpart J (Sec.  2.61), and subpart K (Sec. Sec.  2.65 and 2.66).

Other Delegations

    This rulemaking also makes several other changes to 7 CFR part 2. 
The Secretarial order of succession in 7 CFR 2.5 is revised to reflect 
the current order of succession as established by Executive Order 
13542, ``Providing an Order of Succession Within the Department of 
Agriculture'' (75 FR 27921, May 18, 2010). Amendments are made to 
Sec. Sec.  2.4, 2.45, and 2.51 to correct obsolete or erroneous 
references. The delegations of authority from the Secretary to the 
Judicial Officer (Sec.  2.35) are updated to reflect the adjudicatory 
proceedings in which the Judicial Officer acts as the final deciding 
officer. Finally, a new delegation is added from the General Counsel to 
the Deputy General Counsel to perform the duties of the General Counsel 
during his or her absence or unavailability (Sec.  2.200).

Classification

    This rule relates to internal agency management. Accordingly, 
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. This rule also 
is exempt from the provisions of Executive Orders 12866 and 12988. This 
action is not a rule as defined by the Regulatory Flexibility Act, 
Public Law 96-354, and the Small Business Regulatory Fairness 
Enforcement Act, 5 U.S.C. 801 et seq., and thus is exempt from the 
provisions of those Acts. This rule contains no information collection 
or recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

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 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.  2.4 to read as follows:


Sec.  2.4  General officers.

    The work of the Department is under the supervision and control of 
the Secretary who is assisted by the following general officers: The 
Deputy Secretary, the Under Secretary for Farm and Foreign Agricultural 
Services; the Under Secretary for Rural Development; the Under 
Secretary for Food Safety; the Under Secretary for Food, Nutrition, and 
Consumer Services; the Under Secretary for Natural Resources and 
Environment; the Under Secretary for Research, Education, and 
Economics; the Under Secretary for Marketing and Regulatory Programs; 
the Assistant Secretary for Congressional Relations; the Assistant 
Secretary for Administration; the Assistant Secretary for Civil Rights; 
the General Counsel; the Inspector General; the Chief Financial 
Officer; the Chief Information Officer; the Judicial Officer; the 
Director, Office of Budget and Program Analysis; the Chief Economist; 
the Director, National Appeals Division; and the Director of 
Communications.

0
3. 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 13542, ``Providing an Order of 
Succession Within the Department of Agriculture'' (75 FR 27921, May 18, 
2010), during any period in which both the Secretary and the Deputy 
Secretary have died, resigned, or are otherwise

[[Page 43368]]

unable to perform the functions and duties of the office of Secretary, 
the following officials designated in paragraphs (a)(1) through (a)(16) 
of this section shall act as Secretary, in the order in which they are 
listed, until such time as the Secretary or Deputy Secretary is able to 
perform the functions and duties of that office. Each official shall 
act only in the event of the death, resignation, or inability to 
perform the functions and duties of Secretary of the immediately 
preceding official:
    (1) Assistant Secretary of Agriculture for Administration.
    (2) Under Secretary of Agriculture for Marketing and Regulatory 
Programs.
    (3) Under Secretary of Agriculture for Food, Nutrition, and 
Consumer Services.
    (4) Under Secretary of Agriculture for Food Safety.
    (5) Under Secretary of Agriculture for Natural Resources and 
Environment.
    (6) Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services.
    (7) Under Secretary of Agriculture for Rural Development.
    (8) Under Secretary of Agriculture for Research, Education, and 
Economics.
    (9) General Counsel of the Department of Agriculture.
    (10) Chief of Staff, Office of the Secretary.
    (11) Director, Kansas City Commodity Office, Farm Service Agency.
    (12) State Executive Directors of the Farm Service Agency for the 
States of California, Iowa, and Kansas, in order of seniority fixed by 
length of unbroken service as State Executive Director of that State.
    (13) Regional Administrators of the Food and Nutrition Service for 
the Mountain Plains Regional Office (Denver, Colorado), Midwest 
Regional Office (Chicago, Illinois), and Western Regional Office (San 
Francisco, California), in order of seniority fixed by length of 
unbroken service as Regional Administrator of that Regional Office.
    (14) Chief Financial Officer of the Department of Agriculture.
    (15) Assistant Secretary of Agriculture for Civil Rights.
    (16) Assistant Secretary of Agriculture for Congressional 
Relations.
    (b) If any two or more individuals designated in paragraphs (a)(12) 
and (a)(13) of this section were sworn in to, or commenced service in, 
their respective offices on the same day, precedence shall be 
determined by the alphabetical order of the State in which the 
individual serves.
    (c) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section in an acting capacity shall, by 
virtue of so serving, act as Secretary pursuant to this section.
    (d) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section shall act as Secretary unless 
that individual is otherwise eligible to so serve under the Federal 
Vacancies Reform Act of 1998 (5 U.S.C. 3345, et seq.).
    (e) Notwithstanding the provisions of this section and Executive 
Order 13542, the President retains discretion, to the extent permitted 
by law, 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 for Congressional 
Relations and Administration

0
4. The heading of subpart C is revised to read as set forth above.

0
5. Amend Sec.  2.16 by revising paragraph (a)(1)(xxxiii) to read as 
follows:


Sec.  2.16  Under Secretary for Farm and Foreign Agricultural Services.

    (a) * * *
    (1) * * *
    (xxxiii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
6. Amend Sec.  2.17 as follows:
0
a. Revise paragraphs (a)(20)(xi), (a)(21)(xxv), and (a)(22)(viii); and
0
b. Remove and reserve paragraph (a)(22)(iii), to read as follows:


Sec.  2.17  Under Secretary for Rural Development.

    (a) * * *
    (20) * * *
    (xi) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (21) * * *
    (xxv) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (22) * * *
    (iii) [Reserved]
* * * * *
    (viii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
7. Amend Sec.  2.20 by revising paragraph (a)(3)(xxii) to read as 
follows:


Sec.  2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (3) * * *
    (xxii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
8. Amend Sec.  2.21 by removing and reserving paragraphs (a)(1)(xxxi) 
and (a)(1)(xcv) to read as follows:


Sec.  2.21  Under Secretary for Research, Education, and Economics.

    (a) * * *
    (1) * * *
    (xxxi) [Reserved]
* * * * *
    (xcv) [Reserved]
* * * * *

0
9. Revise Sec.  2.24 to read as follows:


Sec.  2.24  Assistant Secretary for Administration.

    (a) The following delegations of authority are made by the 
Secretary of Agriculture to the Assistant Secretary for Administration:
    (1) Related to civil rights.
    (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

[[Page 43369]]

disabilities in USDA programs and activities funded or conducted by the 
Department.
    (F) Actions to enforce related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (ii) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (iii) Analyze and evaluate 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 
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.
    (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 cannot be secured by voluntary means, and then take 
action, as appropriate.
    (xii) 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.
    (xiii) 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.
    (xiv) Conduct civil rights 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) Related to Equal Employment Opportunity (EEO). Designate the 
Department's Director of Equal Employment Opportunity with authority:
    (A) To perform the functions and responsibilities of that position 
under 29 CFR part 1614, including the authority:
    (1) To make changes in programs and procedures designed to 
eliminate discriminatory practices and improve the Department's EEO 
program.
    (2) To provide EEO services for managers and employees.
    (3) 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.
    (B) Administer the Department's EEO program.
    (C) Oversee and manage the EEO counseling function for the 
Department.
    (D) Process formal EEO complaints by employees or applicants for 
employment.
    (E) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
for Administration (or a person in the immediate office of the 
Assistant Secretary for Administration) or the Assistant Secretary for 
Civil Rights (or a person directly supervised by the Assistant 
Secretary for Civil Rights) has participated in the events that gave 
rise to the matter.
    (F) 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 
have engaged in a discriminatory practice.
    (G) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (H) Conduct EEO evaluations and develop policy regarding EEO 
programs.
    (I) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (xvii) 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.
    (xviii) 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 Commodity Credit Corporation and 
Federal Crop Insurance Corporation funds to satisfy such an award.
    (xix) Make final determinations in proceedings under part 15f of 
this title where review of an administrative law judge decision is 
undertaken.
    (xx) 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.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraph (a)(1) to general officers of the Department and heads of 
Departmental agencies.
    (2) Related to information technology and information resources.

[[Page 43370]]

    (i) [Reserved]
    (ii) Oversee 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.
    (iii) Provide 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).
    (iv) Develop, implement, and maintain a sound and integrated 
Department-wide information technology architecture.
    (v) Promote 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.
    (vi) Approve the acquisition or procurement of information 
technology resources by, or on behalf of, any Department agency or 
office.
    (vii) Collaborate with Department procurement personnel with 
respect to information technology acquisition strategy and policy.
    (viii) Designate 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 
Office of Management and Budget (OMB) Circular No. A-109, Major Systems 
Acquisitions, for information technology. This includes the authority 
to:
    (A) Ensure that OMB Circular No. A-109 is effectively implemented 
for information technology systems in the Department and that the 
management objectives of the Circular are realized.
    (B) Review the program management of each major information 
technology system acquisition.
    (C) Approve the appointment of the program manager for each major 
information technology systems acquisition.
    (D) Designate any Departmental information technology acquisition 
as a major system acquisition under OMB Circular No. A-109.
    (ix) On an annual basis:
    (A) Assess Department-wide 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.
    (B) Develop strategies and specific plans for hiring, training, and 
professional development at the executive and management level to meet 
personnel information technology personnel requirements.
    (C) Report to the Secretary on progress made in improving 
information resources management capability.
    (x) Designate 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:
    (A) Ensure that the information policies, principles, standards, 
guidelines, rules and regulations prescribed by OMB are appropriately 
implemented within the Department.
    (B) Review 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.
    (C) Develop and implement procedures for assessing the burden to 
the public and costs to the Department of information requirements 
contained in proposed legislation affecting Department programs.
    (D) Assist OMB in the performance of its functions assigned under 
the E-Government Act of 2002 (Pub. L. 107-347), including review of 
Department and Agency activities for compliance.
    (E) Assist OMB in the performance of its functions assigned under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), including 
review of Department and Agency activities for compliance.
    (xi) The Assistant Secretary for Administration is also responsible 
for the following:
    (A) Provide Department-wide guidance and direction in planning, 
developing, documenting, and managing applications software projects in 
accordance with Federal and Department information processing 
standards, procedures, and guidelines.
    (B) Provide Department-wide 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; information technology investment governance; 
cybersecurity; and privacy. Monitor 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.
    (C) Manage the Enterprise Data Centers, including setting rates to 
recover the cost of goods and services within approved policy and 
funding levels; and oversee the delivery of Enterprise Data Center 
goods and services, with authority to take actions required by law or 
regulation to perform such services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other offices or agencies of the Department as may be 
agreed.
    (D) Manage a comprehensive set of end user office automation 
services, including setting rates to recover the cost of goods and 
services within approved policy and funding levels; and oversee the 
delivery of goods and services associated with end user office 
automation services, with authority to take actions required by law or 
regulation to perform such services for any offices or agencies of the 
Department as may be agreed (except for the Office of the Secretary, 
the general officers of the Department, and the agencies and offices 
reporting to the Assistant Secretary for Administration, as specified 
in Sec.  2.24(a)(11)(i)).
    (E) Manage the Agricultural Security Operations Center to enable 
the Department to effectively monitor, detect, analyze, protect, 
report, and respond against known cyber vulnerabilities, attacks, and 
exploitations.
    (F) Manage the Department's Certification and Accreditation process 
to ensure the Department and agencies have successfully conducted 
periodic risk assessments of its systems; grant the authority to 
operate for systems that have successfully completed the Certification 
and Accreditation process; and rescind or suspend the authority to 
operate for systems subject to repeated and/or significant security 
issues.
    (G) Ensure that OMB Circular No. A-16, Coordination of Geographic 
Information and Related Spatial Data Activities, is effectively 
implemented in the Department and that the management objectives of the 
Circular

[[Page 43371]]

are realized; and provide Department-wide guidance and direction in 
governing, developing, implementing, and maintaining a sound and 
integrated geospatial architecture.
    (H) Review and evaluate 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.
    (I) Design, develop, implement, and revise systems, processes, work 
methods, and techniques to improve the management and operational 
effectiveness of information resources.
    (J) Administer the Departmental records, forms, reports and 
Directives Management Programs.
    (K) Manage all aspects of the USDA Telecommunications Program 
including planning, development, acquisition, and use of equipment and 
systems for voice, data, and communications, excluding the actual 
procurement of data transmission equipment, software, maintenance, and 
related supplies.
    (L) Manage Departmental telecommunications contracts.
    (M) Provide technical advice throughout the Department.
    (N) Implement a program for applying information resources 
management technology to improve productivity in the Department.
    (O) Plan, develop, install, and operate computer-based systems for 
message exchange, scheduling, computer conferencing, televideo 
technologies, and other applications of office automation technology 
which can be commonly used by multiple Department agencies and offices.
    (P) Represent the Department in contacts with the Government 
Accountability Office, the General Services Administration, OMB, the 
National Institute of Standards and Technology, and other organizations 
or agencies on matters related to delegated responsibilities.
    (xii) Implement policies established pursuant to paragraphs 
(a)(2)(ii) through (a)(2)(xi) of this section by:
    (A) Disposing of information technology that is acquired by a 
Department agency in violation of procedures or standards for the 
Department Information Systems Technology Architecture.
    (B) 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.
    (C) Approving the selection of agency Chief Information Officers 
and agency major information technology system project managers in 
accordance with OMB policies.
    (D) Providing recommendations to Agency Heads for the removal or 
replacement of information technology project managers, when, in the 
opinion of the Assistant Secretary for Administration, applicable laws 
and policies are being violated, or, when the cost, schedule, or 
performance of an information technology project would indicate 
management deficiencies.
    (E) Withdrawing agencies' authority to obligate funds on 
Information Technology programs or projects if the agency violates the 
Assistant Secretary for Administration policies, standards, or 
Department Information Systems Technology Architecture.
    (F) Requiring agencies to validate and verify major information 
technology systems through the use of an existing contract for such 
purpose designated by the Assistant Secretary for Administration.
    (G) Requiring approval by the Assistant Secretary for 
Administration 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.
    (H) Providing guidance to USDA regarding implementation of Section 
508 of the Rehabilitation Act, as well as on-going consultative 
assistance regarding information technology accessibility, and 
reviewing progress made toward achieving information technology 
accessibility for USDA employees and individuals with disabilities.
    (xiii) Related to the Privacy Act. Appoint a Department Privacy Act 
Officer; oversee general officers and agency heads in the development 
and implementation of policies issued pursuant to the provisions of the 
Privacy Act, 5 U.S.C. 552a; and provide consultation and guidance 
regarding those policies.
    (xiv) Related to the Freedom of Information Act. Designate the 
Chief Freedom of Information Act Officer for the Department; oversee 
general officers and agency heads in efficient and appropriate 
compliance with the provisions of the Freedom of Information Act (5 
U.S.C. 552); monitor implementation of 5 U.S.C. 552 throughout the 
agency and keep the Secretary, the General Counsel, and the Attorney 
General informed regarding agency performance in its implementation; 
recommend to the Secretary necessary adjustments to agency practices, 
policies, personnel, and funding to improve implementation of 5 U.S.C. 
552; review and report to the Attorney General, through the Secretary, 
as the Attorney General may direct; and facilitate public understanding 
of the purposes of the statutory exemptions contained in 5 U.S.C. 552.
    (3) Related to financial systems and budget formulation and 
execution.
    (i) [Reserved]
    (ii) Oversee all financial management activities relating to the 
programs and operations of the Department and component agencies.
    (iii) Develop and maintain an integrated accounting and financial 
system for the Department and component agencies, including financial 
reporting and internal controls, which--
    (A) Complies with applicable accounting principles, standards, and 
requirements, and internal control standards;
    (B) Complies with such policies and requirements as may be 
prescribed by the Director of the Office of Management and Budget 
(OMB);
    (C) Complies with any other requirements applicable to such 
systems; and
    (D) Provides for complete, reliable, consistent, and timely 
information which is prepared on a uniform basis and which is 
responsive to the financial information needs of Department management 
and for the development and reporting of cost information, the 
integration of accounting and budgeting information, and the systematic 
measurement of performance.
    (iv) Make recommendations to the Secretary regarding the selection 
of the Deputy Chief Financial Officer of the Department, and selection 
of principal financial officers of component agencies of the 
Department.
    (v) Direct, manage, and provide policy guidance and oversight of 
Department financial management personnel, activities, and operations, 
including:
    (A) Prepare and annually revise a Departmental plan to--
    (1) Implement the 5-year financial management plan prepared by the 
Director of OMB under 31 U.S.C. 3512(a)(3).
    (2) Comply with the requirements established for agency financial 
statements under 31 U.S.C. 3515 and with the requirements for audits of 
Department financial statements established in 31 U.S.C. 3521(e) and 
(f).
    (B) Develop Departmental financial management budgets, including 
the oversight and recommendation of

[[Page 43372]]

approval of component agency financial management budgets.
    (C) Recruit, select, and train personnel to carry out Departmental 
financial management functions.
    (D) Approve and manage Departmental, and approve component agency, 
financial management systems design or enhancement projects.
    (E) Implement and approve Departmental, and approve component 
agency, asset management systems, including systems for cash 
management, credit management, debt collection, and property and 
inventory management and control.
    (vi) Prepare and transmit, by not later than 60 days after the 
submission of the audit report required by 31 U.S.C. 3521(f), an annual 
report to the Secretary and the Director of OMB, which shall include:
    (A) A description and analysis of the status of financial 
management of the Department.
    (B) The annual financial statements prepared under 31 U.S.C. 3521.
    (C) The audit report transmitted to the Secretary under 31 U.S.C. 
3521.
    (D) A summary of the reports on internal accounting and 
administrative control systems submitted to the President and the 
Congress under the amendments made by the Federal Managers' Financial 
Integrity Act of 1982 (31 U.S.C. 1113, 3512).
    (E) Other information the Secretary considers appropriate to inform 
fully the President and the Congress concerning the financial 
management of the Department.
    (vii) Monitor the financial execution of the budget of the 
Department in relation to projected and actual expenditures, and 
prepare and submit to the Secretary timely performance reports.
    (viii) Review, on a biennial basis, the fees, royalties, rent, and 
other charges imposed by the Department for services and things of 
value it produces, and make recommendations on revising those charges 
to reflect costs incurred by the Department in providing those services 
and things of value.
    (ix) Access all records, reports, audits, reviews, documents, 
papers, recommendations, or other material that are the property of the 
Department or that are available to the Department, and that relate to 
programs and operations with respect to which the Chief Financial 
Officer has responsibilities, except that this grant allows no access 
greater than that permitted under any other law to records, reports, 
audits, reviews, documents, papers, recommendations, or other material 
of the Office of Inspector General.
    (x) Request such information or assistance as may be necessary for 
carrying out the duties and responsibilities granted by the Chief 
Financial Officers Act of 1990 (Pub. L. 101-576), from any Federal, 
State, or local governmental entity.
    (xi) To the extent and in such amounts as may be provided in 
advance by appropriations acts, enter into contracts and other 
arrangements with public agencies and with private persons for the 
preparation of financial statements, studies, analyses, and other 
services, and make such payments as may be necessary to carry out the 
duties and prerogatives of the Chief Financial Officer.
    (xii) Designate the Department's Comptroller of the Department 
Working Capital Fund.
    (xiii) Establish Departmental policies, standards, techniques, and 
procedures applicable to all USDA agencies for the following areas:
    (A) Development, maintenance, review and approval of all 
departmental, and review and approval of component agency, internal 
control, fiscal, financial management and accounting systems including 
the financial aspects of payment management and property systems.
    (B) Selection, standardization, and simplification of program 
delivery processes utilizing grants, cooperative agreements and other 
forms of Federal assistance.
    (C) Review and approval of Federal assistance, internal control, 
fiscal, accounting and financial management regulations and 
instructions proposed or issued by USDA agencies for conformity with 
Departmental requirements.
    (D) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 862) 
as it relates to grants, loans, and licenses.
    (xiv) Establish policies related to the Department Working Capital 
Fund.
    (xv) Approve regulations, procedures and rates for goods and 
services financed through the Department Working Capital Fund which 
will impact the financial administration of the Fund.
    (xvi) Exercise responsibility and authority for operating USDA's 
financial and subsidiary management systems and related administrative 
systems including: Departmentwide payroll and personnel information 
systems, statistics, administrative payments, billings and collections, 
and related reporting systems that are either requested by the agencies 
or required by the Department.
    (xvii) Manage the National Finance Center (NFC).
    (xviii) Provide management support services for the NFC, and by 
agreement with agency heads concerned, provide such services for other 
USDA tenants housed in the same facility. As used herein, such 
management support services shall include:
    (A) Personnel services, as listed in Sec.  2.24(a)(4)(x), and 
organizational support services, with authority to take actions 
required by law or regulation to perform such services.
    (B) Procurement, property management, space management, 
communications, messenger, paperwork management, and related 
administrative services, with authority to take actions required by law 
or regulation to perform such services.
    (xix) Exercise responsibility and authority for all matters related 
to the Department's accounting and financial operations including such 
activities as:
    (A) Financial administration, including accounting and related 
activities.
    (B) Reviewing financial aspects of agency operations and proposals.
    (C) Furnishing consulting services to agencies to assist them in 
developing and maintaining accounting and financial management systems 
and internal controls, and for other purposes consistent with 
delegations in paragraph (a)(3)(xiii) of this section.
    (D) Reviewing and monitoring agency implementation of Federal 
assistance policies.
    (E) Reviewing and approving agencies' accounting systems 
documentation including related development plans, activities, and 
controls.
    (F) Monitoring agencies' progress in developing and revising 
accounting and financial management systems and internal controls.
    (G) Evaluating agencies' financial systems to determine the 
effectiveness of procedures employed, compliance with regulations, and 
the appropriateness of policies and practices.
    (H) Promulgation of Department schedule of fees and charges for 
reproductions, furnishing of copies and making searches for official 
records pursuant to the Freedom of Information Act, 5 U.S.C. 552.
    (I) Monitoring USDA implementation of section 5301 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 862) as it relates to grants, loans, and 
licenses.
    (xx) Establish Department and approving component agency programs, 
policies, standards, systems, techniques and procedures to improve the 
management and operational efficiency

[[Page 43373]]

and effectiveness of the USDA including:
    (A) Increased use of operations research and management science in 
the areas of productivity and management.
    (B) All activities financed through the Department Working Capital 
Fund.
    (xxi) Develop Departmental policies, standards, techniques, and 
procedures for the conduct of reviews and analysis of the utilization 
of the resources of State and local governments, other Federal agencies 
and of the private sector in domestic program operations.
    (xxii) Represent the Department in contacts with OMB, General 
Services Administration, GAO, Department of the Treasury, Office of 
Personnel Management, Department of Health and Human Services, 
Department of Labor, Environmental Protection Agency, Department of 
Commerce, Congress of the United States, State and local governments, 
universities, and other public and private sector individuals, 
organizations or agencies on matters related to assigned 
responsibilities.
    (xxiii) Establish policies related to travel by USDA employees.
    (xxiv) Exercise responsibility for coordinating and overseeing the 
implementation of the Government Performance and Results Act of 1993, 
Public Law 103-62, at the Department.
    (xxv) Provide budget, accounting, fiscal and related financial 
management services, with authority to take action required by law or 
regulation to provide such services for Working Capital Funds and 
general appropriated and trust funds for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices and agencies of the Department as may be 
agreed.
    (xxvi) Develop, promulgate, and coordinate Department-wide policy 
concerning nonprocurement debarment and suspension.
    (xxvii) Prepare and submit to Congress reports on conferences 
sponsored or held by the Department or attended by employees of the 
Department (7 U.S.C. 2255b).
    (xxviii) Related to budget formulation and program analysis.
    (A) Designate the Department's Budget Officer and exercise general 
responsibility and authority for all matters related to the 
Department's budgeting affairs including:
    (1) Resource administration, including all phases of the 
acquisition, and distribution of funds and staff years.
    (2) Legislative and regulatory reporting and related activities.
    (B) Provide staff assistance for the Secretary, general officers, 
and other Department and agency officials.
    (C) Formulate and promulgate Departmental budgetary, legislative 
and regulatory policies and procedures.
    (D) Represent the Department in contacts with OMB, the GAO, the 
Department of the Treasury, Congressional Committees on Appropriations, 
and other organizations and agencies on matters related to his or her 
responsibility.
    (E) Coordinate and/or conduct policy and program analyses on agency 
operations and proposals to assist the Secretary, general officers and 
other Department and agency officials in formulating and implementing 
USDA policies and programs.
    (F) Review and analyze legislation, regulations, and policy options 
to determine their impact on USDA programs and policy objectives and on 
the Department's budget.
    (G) Monitor ongoing studies with significant program or policy 
implications.
    (4) 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 
(OPM) 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, or otherwise as deemed appropriate.
    (vi) Receive, review, and recommend action on all requests for the 
Secretary's approval in human resources matters.
    (vii) Authorize and 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.
    (C) Execute, change, extend, or renew:
    (1) Labor-Management Agreements.
    (2) Certifications of supervisory/managerial and non-labor union 
employee and professional organizations or associations.
    (D) Represent the Department in contacts with the national offices 
of labor organizations in fulfilling the Department's national 
consultation obligations under 5 U.S.C. 7113.
    (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, 
DC, 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.
    (3) Administrative Law Judge.
    (L) Authorize and make final decisions on adverse actions for 
positions in GS-1--15 or equivalent.
    (M) Authorize and make final decisions on adverse actions for 
positions in the career Senior Executive Service or equivalent.
    (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.
    (R) Any other human resources operational matter.

[[Page 43374]]

    (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 resources program management accountability and 
evaluation.
    (N) Social security.
    (O) Life insurance.
    (P) Health benefits.
    (Q) Unemployment compensation.
    (R) Labor management relations.
    (S) Intramanagement consultation.
    (T) [Reserved]
    (U) Discipline.
    (V) Appeals.
    (W) Drug Testing Program.
    (X) Worklife Program.
    (Y) Transit Subsidy Program.
    (Z) Alternative Dispute Resolution.
    (xi) Maintain, review, and update Departmental delegations of 
authority.
    (xii) Authorize organizational changes.
    (xiii) Formulate and promulgate departmental organizational 
objectives and policies.
    (xiv) Approve coverage and waiver of individual law enforcement and 
firefighter positions under the special retirement provisions of the 
Civil Service Retirement System and the Federal Employees Retirement 
System.
    (xv) Provide for diversity and inclusion, as follows:
    (A) Establish, direct, and provide policy and oversight for a 
Departmentwide Special Emphasis Program (SEP) including: Women, African 
Americans, Hispanics, Asian/Pacific Islanders, Native Americans, 
Disabled, and Gay/Lesbian/Bisexual/Transgender.
    (B) Provide oversight and support for Departmental SEP recognition 
programs.
    (C) Direct and oversee the Department-wide SEPM Council.
    (D) Administer Federal Equal Opportunity Recruitment Program.
    (xvi) Oversee and manage the Department's administrative grievance 
program.
    (xvii) Make final decisions in those cases where an agency head has 
appealed the recommended decision of a grievance examiner.
    (xviii) 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.
    (xix) Formulate and issue Department policy, standards, rules, and 
regulations relating to the Senior Scientific Research Service (7 
U.S.C. 7657).
    (xx) Related to conflict management.
    (A) 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.
    (B) 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.
    (C) Provide ADR services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other office or agency of the Department as may be agreed.
    (D) Develop and issue standards for mediators and other ADR 
neutrals utilized by the Department.
    (E) Coordinate ADR activities throughout the Department.
    (F) Monitor agency ADR programs and report at least annually to the 
Secretary on the Department's ADR activities.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraphs (a)(4)(i) through (a)(4)(xx) to general officers of the 
Department and heads of Departmental agencies.
    (xxii) Related to ethics. Provide administrative supervision for 
the Office of Ethics.
    (5) 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) Administer 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) Provide 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) Develop policies and procedures required by the applicable 
provision of the Small Business Act, as amended, to include the 
establishment of goals.
    (D) Implement and administer programs described under sections 8 
and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
    (E) In compliance with the Veterans Benefits Act of 2003 (Pub. L. 
108-183) amending the Small Business Act, implement and administer 
procurement programs for small business concerns owned and controlled 
by service-disabled veterans.
    (ii) In compliance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 
et seq.), implement and administer the Department's AbilityOne program 
for purchases from qualified nonprofit agencies for the blind or for 
the severely disabled.
    (6) Related to procurement and property management.
    (i) Exercise full Departmentwide contracting and procurement 
authority.
    (ii) 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, ``Federal Compliance With Pollution Control 
Standards,'' 3 CFR, 1978 Comp., p. 243).
    (H) Implementation of the Uniform Relocation Assistance and Real 
Property

[[Page 43375]]

Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
    (I) Development and implementation of sustainable operations 
actions including establishing and achieving greenhouse gas emission 
reduction goals, reducing energy intensity, increasing renewable energy 
use, increasing water efficiency, reducing petroleum use and increasing 
alternative fuel use, increasing recycling and waste diversion,