83 FR 10825 - Strengthening Civil Rights Management

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 83, Issue 49 (March 13, 2018)

Consistent with Executive Order 13781, ``Comprehensive Plan for Reorganizing the Executive Branch,'' and using the authority of the Secretary to reorganize the Department under section 4(a) of Reorganization Plan No. 2 of 1953 the U.S. Department of Agriculture (USDA) is soliciting public comment on a proposed realignment of the Office of the Assistant Secretary for Civil Rights (OASCR), which will improve customer service, better align functions within the organization, and ensure improved consistency, resource management, and strategic decision-making.

[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10825-10826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05051]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Strengthening Civil Rights Management

AGENCY: Office of the Secretary, USDA.

ACTION: Request for Information (RFI).

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SUMMARY: Consistent with Executive Order 13781, ``Comprehensive Plan 
for Reorganizing the Executive Branch,'' and using the authority of the 
Secretary to reorganize the Department under section 4(a) of 
Reorganization Plan No. 2 of 1953 the U.S. Department of Agriculture 
(USDA) is soliciting public comment on a proposed realignment of the 
Office of the Assistant Secretary for Civil Rights (OASCR), which will 
improve customer service, better align functions within the 
organization, and ensure improved consistency, resource management, and 
strategic decision-making.

DATES: Comments and information are requested on or before March 25, 
2018.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. All submissions must refer to ``Improving Civil Rights'' 
to ensure proper delivery.
     Electronic Submission of Comments. Interested persons may 
submit comments electronically through the Federal eRulemaking Portal: 
http://www.regulations.gov. USDA strongly encourages commenters to 
submit comments electronically. Electronic submission of comments 
allows the commenter maximum time to prepare and submit a comment, and 
ensures timely receipt by USDA. Commenters should follow the 
instructions provided on that site to submit comments electronically.
     Submission of Comments by Mail, Hand Delivery, or Courier. 
Paper, disk, or CD-ROM submissions should be submitted to the Office of 
the Assistant Secretary for Civil Rights, USDA, Jamie L. Whitten 
Building, Room 507-W, 1400 Independence Ave. SW, Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Ms. Winona Lake Scott, Telephone 
Number: (202) 720-3808, [email protected].

SUPPLEMENTARY INFORMATION: USDA is committed to operating efficiently, 
effectively, and with integrity, and minimizing the burdens on 
individuals, businesses, and communities for participation in and 
compliance with USDA programs. USDA works to support the American 
agricultural economy to strengthen rural communities; to protect and 
conserve our natural resources; and to provide a safe, sufficient, and 
nutritious food supply for the American people. The Department's wide 
range of programs and responsibilities touches the lives of every 
American every day.

I. Executive Order 13781

    Executive Order 13781, ``Comprehensive Plan for Reorganizing the 
Executive Branch'', is intended to improve the efficiency, 
effectiveness, and accountability of the executive branch. The 
principles in the Executive Order provide the basis for taking actions 
to enhance and strengthen the delivery of USDA programs.

II. Reorganization Actions

    On March 9, 2018, Secretary Perdue will be announcing his intent to 
take actions to strengthen civil rights and customer service at USDA by 
taking the following actions to ensure integrity, consistency, and 
fairness:
     USDA will eliminate inefficiencies in delivering civil 
rights services at the agency and staff office level, thereby resulting 
in improved civil rights management. Under the realignment, a Civil 
Rights Director and appropriate Equal Opportunity staff will be aligned 
as follows:
    (1) Departmental Administration, staff offices, and Trade and 
Foreign Agricultural Affairs will share civil rights resources;
    (2) Each remaining Departmental Mission Area will consolidate its 
sub-

[[Page 10826]]

agency resources at the Mission Area level; and
    (3) The Office of the Inspector General (OIG) shall have an 
independent Civil Rights Director.
     OASCR will direct all Departmental civil rights 
activities, including those of the Mission Areas, Departmental 
Administration, staff offices, and to the extent appropriate and 
lawful, OIG. The delegations for the Assistant Secretary for Civil 
Rights shall be revised as necessary to reflect OASCR's direct 
responsibility in providing civil rights policy direction to Mission 
Area and other Civil Rights Directors and Civil Rights staff and 
conveying the clear guidance of the Office of the Secretary on all 
civil rights issues.
     OASCR will implement a timely, fair, transparent, and 
consistent approach to addressing all Equal Employment Opportunity or 
program complaints, including those based on discrimination, 
harassment, and retaliation that shall be adopted by all Mission Areas, 
Departmental Administration, staff offices and, to the extent 
appropriate and lawful, OIG.
     OASCR will direct an effective, robust, and compliant 
mandatory civil rights training program for all staff, including 
Mission Areas, Departmental Administration, staff offices and, to the 
extent appropriate and lawful, OIG.
     OASCR will monitor and evaluate the implementation of the 
reasonable accommodation process by the Mission Areas, Departmental 
Management, staff offices and, to the extent appropriate and lawful, 
OIG.
     OASCR will not address matters that Office of Human 
Resource Management (OHRM) handles exclusively, such as setting human 
resources policy, investigating and evaluating harassment allegations 
for misconduct, and reviewing and advising on requests for reasonable 
accommodations, but will serve as a collaborative partner with OHRM on 
all appropriate issues affecting civil rights policy, implementation, 
and compliance.
     OASCR will request the Mission Areas to provide a list of 
all civil rights positions on-board (full-time, part-time, or 
collateral duty) within 30 days from issuance of this Memorandum to 
determine staff needs to effectuate the purpose of this Memorandum.
     Mission Areas, Departmental Administration, and the Staff 
Offices will implement all organizational changes necessary to 
effectuate the civil rights staff realignments indicated above based 
upon the direction of OASCR. When conducting any reorganizations, the 
Mission Areas, Departmental Administration, and Staff Offices will 
adhere to all relevant Departmental Directives, including Departmental 
Regulation 1010 and the corresponding Congressional notification 
requirements.
     OASCR will eliminate the position of Deputy Assistant 
Secretary for Civil Rights (ASCR), so as to flatten the organization 
with the Associate Assistant Secretary for Civil Rights assuming the 
responsibilities of the Deputy ASCR.
     OASCR will eliminate its Policy Division, which is no 
longer necessary in an era of decreased regulations, and will perform 
reduced policy functions with staff from other areas of the 
organization.
     OASCR will eliminate its Training and Cultural 
Transformation Division and will develop training with staff from other 
areas of the organization.
     OASCR will eliminate its Early Resolution and Complaint 
Division, and the Department will carry out informal counseling within 
each Mission Area, with coordination from a Mission Area Liaison within 
OASCR.
     OASCR's career Senior Executive Service (SES) Director for 
the Office of Compliance, Policy, Training and Cultural Transformation 
will be reclassified as the career SES Executive Director for Civil 
Rights Operations, a position responsible for managing the Mission Area 
Liaison, the Compliance Division, and the Data and Records Management 
Division over customer service, data, and information technology. The 
largest component in this part of the OASCR organization is the 
Compliance Division, which will continue addressing compliance 
reporting to oversight entities as well as limited regulatory and 
policy review.
     OASCR's career SES Director for the Office of Adjudication 
will be reclassified as the career SES Executive Director for Civil 
Rights Enforcement, a position responsible for leading not only the 
Office of Adjudication, but also the Program Planning, and 
Accountability Division over budget, contracting and procurement, human 
resources management, facilities management, strategic planning, and 
Continuity of Operations for OASCR. The largest component of this part 
of the OASCR organization is the Office of Adjudication is responsible 
for intake, investigation, and adjudication of employment 
discrimination complaints from USDA employees and program complaints of 
discrimination arising within any program conducted or assisted by 
USDA.

III. Request for Information

    USDA is seeking public comment on these actions and notes that this 
notice is issued solely for information and program-planning purposes. 
While responses to this notice do not bind USDA to any further actions, 
all submissions will be reviewed by the appropriate program office, and 
made publicly available on http://www.regulations.gov.

    Dated: March 8, 2018.
Winona Lake Scott,
Acting Deputy Assistant Secretary for Civil Rights.
[FR Doc. 2018-05051 Filed 3-12-18; 8:45 am]
 BILLING CODE 3410-01-P