1. INTRODUCTION

This issuance outlines Civil Rights Enforcement and Compliance (CREC) policies and procedures for reporting civil rights performance. The Government Performance and Results Act (GPRA) of 1993 requires agencies to establish systems, set measurable goals for program performance and to measure program results. The Department's Civil Rights Performance Plan identifies goals, objectives, and annual performance measures, that form the foundation upon which the civil rights performance element and the annual civil rights performance ratings of USDA Agency Heads are based. To implement the action items in the USDA Civil Rights Performance Plan, the Administrator established a civil rights accountability process. This civil rights accountability process requires the measurement and reporting of civil rights performance by all APHIS managers and supervisors.

2. REFERENCES

Government Performance Results Act (GPRA) of 1993
USDA Handbook on the Senior Executive Service Performance Appraisal System:
Chapter 430 - Subchapter 1
Civil Rights Performance: Memorandum from the Assistant Secretary for Administration, April 20, 2001
USDA Civil Rights Action Team Report, February 1997

3. COVERAGE

The requirements of this issuance apply to all APHIS Senior Executives, GS-15, GS-14, and headquarters Program Managers and Division Directors, State Plant Health Directors, Port Directors, Area Veterinarians-In-Charge, and Center and Laboratory Directors regardless of grade Level. APHIS managers and supervisors are being held accountable for implementing the same civil rights performance measures assigned to the Administrator. There are over 300 managers and supervisors that prepare and submit civil rights self-assessment reports outlining how they are implementing the Department's Civil Rights Performance Plan.

4. POLICY

It is APHIS policy to ensure that all work sites are free from discrimination; retaliation; and reprisal based on race, color, religion, sex, national origin, age, disability, and where applicable, marital status, familial status, parental status, or sexual orientation. "Hold all employees, and especially supervisors, managers, and program directors, accountable for their legal and moral obligations to uphold civil rights."

5. USDA/APHIS CIVIL RIGHTS GOALS

The APHIS civil rights accountability process comprises the Department's four civil rights goals: . Accountability - Incorporate the USDA's civil rights policy throughout agency operations to ensure that customers and employees are treated fairly and equitably, with dignity and respect. . Program Delivery - Ensure all customers equal access and equal treatment in the delivery of USDA programs and services. . Employment - Provide a workplace free of discrimination and enhance the diversity of the workforce. . Procurement - Ensure equal opportunity for minority, women-owned and small and disadvantaged businesses in all USDA contracting activities.

6. REPORTING REQUIREMENTS

Civil Rights Self-Assessment reports outline the extent to which managers and supervisors are implementing the Department's four civil rights goals.

1. The report is divided into four sections. In each section, managers should describe specific civil rights accomplishments relative to each goal and corresponding performance indicator. See the following management performance examples:

Accountability - Goal #1

APHIS managers should describe accomplishments related to accountability for managers and employees, reprisals, disciplinary actions, corrective actions, allocation of resources, and strategic planning for civil rights. Management Performance Examples:

Issue an internal policy statement outlining your support and commitment to civil rights.
Post the USDA and APHIS Civil Rights Policy Statement prominently in your program area.
Update Civil Rights Performance Standards for managers and supervisors in your Division, Area, Port or State.

Allocate appropriate resources to support and administer program and employment functions of the Special Emphasis Program Managers, and Civil Rights Advisory Committees.
In conjunction with Employee Relations Specialists implement corrective/disciplinary actions within the required time frames. Report all actions taken to the APHIS Civil Rights Staff.

Program Delivery - Goal #2

APHIS managers should describe accomplishments related to compliance reviews, findings, preventive and corrective measures, Title VI complaint processing, conciliation agreements, participation of under-served populations, removal of barriers to participation, civil rights impact analyses, environmental justice, and other noteworthy achievements. Management Performance Examples:

Prominently displaying the USDA non discrimination poster "And Justice for All" in all public access areas, and instructions for filing program discrimination complaints.
Ensure that all information about your program (press releases, fact sheets, newsletters etc.) include a nondiscrimination statement.
Actively participate in EEO compliance reviews of the Unit. Works with the compliance review team to implement recommendations.
Promptly implement preventive and corrective actions to resolve deficiencies found in compliance reviews.
Request that CREC conduct Civil Rights Impact Analyses of all proposed regulations and establishment and/or renewal of Boards and Committees. Civil Rights Impact Analyses are also required for proposed closures, moves, reorganizations, and collocations.
Preventive and corrective actions resulting from program complaint findings are implemented promptly.
Implement all terms of conciliation agreement within specific time frames.

Employment - Goal #3

APHIS managers should describe accomplishments related to improving diversity, development of mandated plans, training, compliance reviews, Title VII complaints procedures and processing, alternative dispute resolution, settlement agreements, preventive and corrective actions resulting from complaints, and trends analyses of complaints.
Management Performance Examples:

Actively participate in EEO compliance reviews of the Unit. Works with the compliance review team to implement recommendations.
Where under representation exists establish hiring objectives to increase the number of women, minorities and persons with disabilities in your program area.
Consult EEO Advisory Committee members and Special Emphasis Program Managers on strategies to attract under represented groups to vacancies in your program area. Obtain copies of the APHIS Affirmative Employment Program .Plan by contacting the APHIS Affirmative Employment Program Manager on (202) 720-2733. To assist with outreach to the Disabled contact the APHIS Disability Program Manager, on (202) 720-1305 for a copy of the Affirmative Employment Program Plan for the Disabled.
Consult with Human Resources Specialists to determine which positions can be assigned career ladders and where appropriate, list career ladders in the Vacancy Announcement, i.e. GS 5/6/7 with promotion potential to the GS 11.
Conduct special training sessions for supervisors to update their skills in managing a diverse workforce.
Actively works with EEO Counselors in resolving allegations of discrimination. Makes reasonable resolutions and where appropriate, consults Conflict Prevention and Resolution Staff for assistance in dealing with any residual issues and concerns.
Preventive and corrective actions resulting from employment complaints are implemented promptly.
Terms of settlement agreements are implemented in a timely manner.

Procurement - Goal #4

APHIS managers should describe accomplishments related to participation levels and strategies for improving participation of minority, women-owned, and small and disadvantaged businesses, and steps taken to remove barriers to participation by minority, women-owned, and small and disadvantaged businesses.

Procurement - Goal #4

Management Performance Examples:

Increase purchasing efforts with small, disadvantaged, and women-owned businesses (training, supplies, equipment, services etc.).
Make purchases between $2,500 and $100,000 with small businesses unless there are none qualified to do the work.
Progress is made in meeting subcontracting goals. For more specific technical assistance regarding APHIS Procurement Goals call MRP-Business Service on (301) 734-6502.

1. After completion of reports managers should submit mid year and end of year civil rights self-assessment reports to the designated CREC technical specialist listed in Section 7 (Technical Assistance Contact Person) by the March 30th and September 30 due dates.

2. CREC reviews the civil rights self-assessment reports, and inform Program Managers of any additional information or supporting documentation needed to complete the report.

3. CREC enters each report into an automated system and prepares a summary of civil rights progress (feedback report) and a certification statement for the head of each units review and approval prior to consolidation of the Program Areas report.

4. APHIS managers should review CREC's summary of civil rights progress report (feedback report), and certification statement contacting CREC for additions or revisions to the report.

5. APHIS managers should sign and return certification statement within 15 days of receipt, certifying that program area managers' civil rights self-assessment reports were approved and feedback was provided to all managers and supervisors on their civil rights performance.

6. After approval, CREC incorporates program input into the APHIS-wide civil rights self-assessment report, and submits the final report to the Administrator for approval prior to forwarding the report to the USDA Office of Civil Rights.

7. TECHNICAL ASSISTANCE CONTACT PERSON

APHIS managers are required to submit reports to the following assigned technical specialist by Fax, E-mail or Mail on or before the March 30th and September 30th due dates:

PPQ Gwendolyn Smith (301) 734-5584
VS Terry Henson (301) 734-5555
AC/WS Fontella Worrell (301) 734-3781

4700 River Road, Unit 92 Fax Number (301) 734-3698
Riverdale, Maryland 20137

IS/IT/LPA/MRPBS/PPD Sophia Kirby (202) 720-2733

14th & Independence Avenue S.W. Fax Number (202) 720-2365
Room 1137
Washington, D.C. 20250
 
 
 
APPROVED: Anna P. Grayson              DATE: 10/01/01
Anna P. Grayson, Director
Civil Rights Enforcement and Compliance