4. Automation of Affirmative Action Plans (AAP) and Federal Equal

Opportunity Recruitment Program (FEORP) Information. In conjunction with OP, the National Finance Center (NFC), and USDA agencies, Phase II of AAP and FEORP data automation providing on-line access to current information is underway. On-line access to data will provide the capability for more immediate availability of information for review, analysis, and use in program compliance reviews and employment issues.

5. Conference Planning and Technical Assistance. Training modules for regional conferences are being developed to equip the USDA workforce to carry out their civil rights responsibilities in employment and program delivery at the State and local level. Plans are being developed to continue increasing the "field presence" of Equal Opportunity, Minority Research and Teaching Program and Small and Disadvantaged Business Utilization staff in an effort to extend technical assistance to agencies.

6. Small, Minority and Women-owned Business Participation. Staff is evaluating its overall mission, functions, and policy in an effort to enhance USDA agencies' effectiveness in reaching and maintaining equitable levels of participation of small, minority and women-owned businesses in the Department's procurement process.

Selected Examples of Recent Progress:

Field and Headquarters Compliance Reviews. Conducted statewide employment, program delivery, and procurement reviews of agency programs in Arkansas and issued reports that resulted in corrective actions; completed headquarters employment reviews of six USDA agencies in the marketing and inspection service functional area.

-- Complaints Processing Pilot Project. Fully implemented the complaints processing pilot project with the Food and Nutrition Service (FMS), which resulted in training of State and local FNS program staff in the conduct of preliminary investigations, elimination of the backlog of FNS program complaints, and a reduction in the processing time from an average of 170 to 72 days.

Equal Opportunity Reorganization. Completed the reorganization of the civil rights staff to tighten control, eliminate duplication of authority, pinpoint accountability, and increase staff professionalism; addressed quality of worklife issues; and established Desk Officers to provide technical assistance and to monitor progress in implementing planning objectives with USDA agencies for both equal employment opportunity and program compliance functions.

-- Project Excellence. Initiated a series of developmental workshops designed to motivate employees to achieve their full potential, both in their careers and personal life, targeting aimed at women and minorities in the USDA work force at the GS-8 grade level and below.

-- Policy and Regulations. Revised and published Departmental policy and regulations under Titles VI and VII.

Educational Program Activities. Developed plans with the Department of Interior to sponsor a program to increase the awareness among college administrators of curriculum relevant to the agricultural enterprise; intensified activities in 1890 Institutions and other HBCU's in relation to the potential for these colleges and universities to participate in international agricultural programs; developed liaison with such diverse private sector entities as the American Society for Microbiology, the United Negro College Fund, Minorities in Agricultural Engineering, etc., to ameliorate academic difficulties experienced by Blacks seeking to enter careers in agriculture.

--Black Farmer Initiative. Reestablished coordination of program initiatives with agencies in support of small and minority farmers.

OFFICE OF ADMINISTRATIVE LAW JUDGES/JUDICIAL OFFICER

The Office of Administrative Law Judges consists of five Judges, who, conduct rulemaking and adjudicatory hearings throughout the United States in proceedings subject to the Administrative Procedure Act (APA), 5 U.S.C. 554 et seq. There are approximately 37 statutes administered by agencies within the Department of Agriculture requiring APA hearings. The Judges issue initial decisions and orders in adjudicatory proceedings, which become final decisions of the Secretary unless appealed to the Secretary's Judicial Officer by a party to the proceeding. Final consent orders are issued by the Judges following hearing or upon waiver of hearing. In addition, the Judges perform related duties which are consistent with their duties under the APA, e.g., hearing a non-APA case upon determination by the Assistant Secretary for Administration, the Chief Judge's administrative duties.

The Judicial Officer serves as final deciding officer, in place of the Secretary, in regulatory proceedings of a quasi-judicial nature. These include appeals from Administrative Law Judges' initial decisions, and reparation proceedings under the Perishable Agricultural Commodities Act and the Packers and Stockyards Act, which do not require hearings before Administrative Law Judges under the APA. Any party to a proceeding may appeal an Administrative Law Judges initial decision to the Judicial Officer. Oral argument before the Judicial Officer is discretionary. The Judicial Officer also rules upon matters arising in proceedings that are certified by the Administrative Law Judges.

The Office of the Hearing Clerk receives, files, and serves pleadings, briefs and decisions; maintains the official records of the Department (including the transcripts of adjudicatory and rulemaking hearings); and, in the event of an appeal, certifies such records to the Court of Appeals or District Court for subsequent review. The Hearing Clerk has responsibility for publication of Agriculture Decisions, the official compilation of quasi-judicial and judicial decisions issued under regulatory laws administered by the Department.

In addition to processing cases that come before Administrative Law Judges, the Hearing Clerk's Office processed the following in FY 1986:

The following table indicates the number of hearings held by Adminstrative Law Judges during the past three fiscal years, together with the number of initial decisions after hearings, initial decisions upon default, and final consent orders following hearing or upon waiver of hearing.

RULEMAKING Judges review and certify hearing records in Rulemaking proceedings (not counted as dispositions).

1/ Telephone pretrial conferences are not included.

72-898 0-87--4

1/ This amount includes estimates of contributions to the Federal Employee Retirement System.

2/ This amount reflects comparability with FY 1987 and FY 1988 estimates which include activities transferred to the Working Capital Fund in FY 1987. The budget shows a total of $39,885,000 for object classes 11. 12, and 13, therefore not exceeding the $40,001.000 limitation set forth in section 607 of the General Provisions of the Agriculture, Rural Development, and Related Agencies Appropriations Act of FY 1986.

WORKING CAPITAL FUND

The estimates include appropriation language for this item as follows:

Working Capital Fund

An amount of [$5,708,000] $6,000,000 is hereby appropriated to the Departmental Working Capital Fund to increase the Government's equity in this fund and to provide for the purchase of automated data processing, data communication, and other related equipment necessary for the provision of Departmental centralized services to the agencies.

(7 U.S.C. 2235; Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, as included in Public Laws 99-500 and 99-591, section 101 (a).)