SECTION 1. PURPOSE.

.01 This Order prescribes the organization and assignment of functions of the Economic Development Administration (EDA). (Department Organization Order (DOO) 10-4, "Assistant Secretary for Economic Development," prescribes the authority and functions of the Assistant Secretary for Economic Development.)

.02 This revision reflects the following changes:

a. Establishes: the Office of Innovation and Entrepreneurship; and the Trade Adjustment Assistance Division within the Office of Regional Affairs.

b. Retitles: the Office of Executive Secretariat and External Affairs to the Office of External Affairs; and, under the Office of Finance and Management Services, the Budget Division to the Budget and Finance Division; and the Finance and Administration Division to the Administrative Division.

c. Transfers:

1. To the Performance and National Programs Division, the responsibility of providing programmatic expertise on Economic Development Assistance Programs to headquarters and Regional Office staff.

2. To the Budget and Finance Division the budget functions previously performed by the Budget Division and finance and accounting functions previously performed by the Finance and Administration Division.

3. To the Administrative Division the administrative functions previously performed by the Finance and Administration Division.

4. To the Legislative Affairs Division the executive secretariat functions previously performed by the Executive Secretariat Division.

SECTION 2. ORGANIZATION STRUCTURE.

The principal organization structure and line of authority of the Economic Development Administration shall be as depicted in the attached organization chart (Exhibit 1).

SECTION 3. OFFICE OF THE ASSISTANT SECRETARY FOR ECONOMIC DEVELOPMENT.

.01 The Assistant Secretary directs the programs and is responsible for the conduct of all activities, including overall direction subject to the policies and directives prescribed by the Secretary of Commerce.

a. Serves as principal advisor to the Secretary on economic development responsibilities and activities.

b. Represents the Secretary of Commerce on certain Departmental, Administration, and EDA initiatives.

c. Supports effective partnerships with other federal agencies, national organizations and international organizations concerned with economic development.

d. Develops EDA's strategic vision, and directs the strategic planning process and the development and achievement of EDA goals and objectives.

e. Directs the development and implementation of EDA policy and program guidance.

f. Determines EDA budget priorities.

g. Provides overall policy direction and guidance to the Office of Chief Counsel, Office of Regional Affairs, Office of Information Technology, Office of Finance and Management Services, Office of External Affairs, and Office of Innovation and Entrepreneurship.

h. Manages, directs, and provides leadership for all intergovernmental affairs activities.

i. Assumes executive level responsibility for representing EDA in policy-related intergovernmental workgroups.

.02 The Deputy Assistant Secretary for Economic Development serves as the Chief Operating Officer, assists the Assistant Secretary in all matters affecting EDA, and performs the duties of the Assistant Secretary during his or her absence.

a. Guides and coordinates the strategic planning process and directs the implementation of the activities necessary to achieve EDA goals and objectives.

b. Directs the implementation of EDA program policies, procedures, and program guidance.

c. Provides direction and coordination to the Offices of Chief Counsel, Regional Affairs, Information Technology, Finance and Management Services, External Affairs, and Innovation and Entrepreneurship.

d. Serves as EDA's official under the provisions of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321-4347.

SECTION 4. OFFICE OF THE CHIEF COUNSEL.

The Chief Counsel, who directs and supervises the activities of the Office, shall:

a. Render all necessary legal services, subject to the provisions of DOO 10-6, "Office of the General Counsel."

b. Have primary responsibility within EDA for the preparation, coordination, and clearance of all legislation, regulations, and external orders subject to the provisions of all applicable policy and Department Orders.

c. Provide the legal services review required to administer all EDA projects.

d. Prepare and transmit Federal Register notices to the Office of the General Counsel for clearance as appropriate, and the Office of the Federal Register.

e. In conjunction with the Office of the General Counsel and the Office of the Chief Financial Officer and Assistant Secretary for Administration, prepare or arrange for appropriate responses to all Privacy Act or Freedom of Information Act requests.

f. Receive, investigate, and resolve complaints to ensure equality of opportunity by participants in economic development programs.

g. Provide legal counsel for grant audit resolution.

h. Establish effective procedures and systems throughout EDA to ensure compliance with applicable civil rights laws and regulations.

SECTION 5. OFFICE OF REGIONAL AFFAIRS.

.01 The Deputy Assistant Secretary for Regional Affairs, who directs and supervises the activities of the Office of Regional Affairs, including the Performance and National Programs Division and all six EDA Regional Offices shall:

a. Develop program policies, procedures and guidance required for implementing and monitoring the following EDA program authorities:

1. Sections 201, 203, 207, and 209 of the Public Works and Economic Development Act of 1965, as amended.

2. Chapters 3, 4, and 5 of Title II of the Trade Act of 1974, as amended.

3. The Local Public Works Capital Development and Investment Act of 1976, which is Title I of the Public Works Employment Act of 1976 (P.L. 94-369), as amended.

4. Special initiatives and supplemental appropriations for disasters and other emergencies.

b. Develop program and policy recommendations for improving existing programs and developing new programs and/or complying with legislation, regulations, Office of Management and Budget (OMB) Circulars and Executive Orders, including those related to environmental protection.

c. Develop and maintain program guidance, policies, directives and operating procedures to improve, standardize, or streamline the administration of EDA's various assistance programs, as well as to effectively implement OMB, U.S. Government Accountability Office (GAO), or Office of Inspector General (OIG) recommendations and/or Presidential or Secretarial directives, policies, or initiatives.

d. Recommend and implement policy guidance on all organizational development and management initiatives designed to provide greater efficiency and effectiveness in the management and operation of EDA.

e. Direct the development, implementation, and evaluation of internal management controls for grants management and administration.

f. Coordinate, review, and prepare the official responses of EDA to formal reports received from the OIG, GAO, Department of Commerce (Department) staff, and others as required.

g. Direct the development and implementation of a program performance analysis measurement and reporting system, and the integration of this system with EDA's strategic planning and operations management systems. Working in concert with the Chief Financial Officer/Chief Administrative Officer, he/she will also ensure that the program performance analysis, measurement, and reporting system is fully integrated into budget justification and execution activities.

h. Direct, coordinate, and provide guidance to the Regional Offices throughout the Regional Offices' strategic planning process; ensure that each Regional Office's strategic planning documents reflect the agency's mission and the Assistant Secretary's priorities and clearly articulate a feasible, proactive plan to maximize job creation and private sector investment; and track implementation of these plans.

i. Be responsible for the oversight of all programmatic functions of the regions.

j. Lead and coordinate task forces comprised of Regional Office and Headquarters' staff for the purpose of: disseminating and adopting best practices; developing and implementing standardized operating procedures; streamlining grants management and administration procedures; implementing OMB, GAO, and OIG recommendations and/or Presidential or Departmental directives; and/or developing the programmatic requirements for information technology systems and upgrades.

k. Staff the Office of the Assistant Secretary on intergovernmental working groups/task forces, as necessary.

l. Prepare Interagency Agreements and Memoranda of Understanding related to EDA economic development programs.

.02 In addition, the Deputy Assistant Secretary for Regional Affairs shall direct and supervise the activities of the following organizational elements:

a. The Performance and National Programs Division, shall:

1. Develop performance metrics and targets for program activities, collect and aggregate performance data; identify areas in need of improvement; and provide senior management with timely and accurate analysis of current operational trends, variances in target achievement across programs and regions, and the effectiveness of EDA programs and special initiatives in achieving Departmental and EDA objectives.

2. Evaluate, report, and make recommendations on the optimal use of staff, funds and physical assets by EDA.

3. Collect and report Balanced Scorecard (BSC) and Government Performance and Results Act (GPRA) data quarterly and annually; work with Regional Offices to ensure the accuracy and timely submission of data; and alert senior management to any obstacles in meeting BSC or GPRA targets.

4. Review and analyze Peer Review evaluations of Economic Development Districts and University Centers.

5. Develop Federal Funding Opportunities (FFOs) for National Research and Evaluation projects to determine the causes of economic distress, and to evaluate the effectiveness and economic impact of economic development programs, projects, and techniques; evaluate and select proposals for funding; evaluate project deliverables and monitor project milestones; and manage the project to ensure that the final product is of maximum utility to EDA and its stakeholders.

6. Develop FFOs for National Technical Assistance grants to disseminate economic development research, training, and best practices to economic developers; evaluate and select proposals for funding; evaluate deliverables and monitor project milestones; and manage the project to ensure that the final product is of maximum utility to EDA and its stakeholders.

7. When appropriate, manage contracts for Research and National Technical Assistance projects.

8. Oversee the Headquarters' quality assurance process for investments greater than $100,000. Review Investment Summaries for projects approved by the Regional Offices, to ensure that Regional Offices have provided adequate documentation of the basis for selection, and bring any potentially problematic projects to the attention of the Assistant Secretary.

9. Update application forms and procedures as necessary, in consultation with the Office of the Assistant Secretary, the Office of the Chief Counsel, and the Regional Offices' staff.

10. Perform agency-wide monitoring and reporting on EDA's Revolving Loan Fund (RLF) portfolio; under the direction of the Deputy Assistant Secretary for Regional Affairs, coordinate the revision and implementation of policies and procedures related to the management and administration of the RLF portfolio; and, under the direction of the Deputy Assistant Secretary for Regional Affairs, coordinate with the OIG and other interested parties to evaluate the RLF program, respond to audit and other findings, and address programmatic deficiencies as required.

11. Assist the Deputy Assistant Secretary for Regional Affairs with developing, implementing, and evaluating new policies, procedures, and guidance for EDA programs, as required.

12. Coordinate EDA's participation in the National Response Plan.

13. Provide programmatic expertise on EDA's programs to internal and external clients.

b. The Trade Adjustment Assistance Division, shall:

1. Process and monitor grants for the operation of Trade Adjustment Assistance Centers and for industry-wide projects; certify/deny the eligibility of firms to apply for Trade Adjustment Assistance; and approve/deny the adjustment proposals received from certified firms.

c. EDA's six Regional Offices, Atlanta, Austin, Chicago, Denver, Philadelphia, and Seattle (see Exhibit 2 for service areas), each of which is headed by a Regional Director. Each Regional Director shall:

1. Supervise and direct operations of his or her Regional Office and staff, including any remotely-located staff.

2. Supervise and direct staff in developing and implementing all aspects of the Regional Office's strategic plan, including performing community outreach; educating stakeholders about EDA programs and priorities; assisting proponents with project development and the application process; evaluating and selecting projects to ensure a balanced portfolio of projects which, in the aggregate, maximize job creation and private investment, assist EDA in meeting Balanced Scorecard targets, and support the Assistant Secretary's priorities; and administering and monitoring grants in accordance with the public interest and all applicable laws and regulations. These responsibilities apply to all programs authorized by:

i. Sections 201, 203, 207, and 209 of the Public Works and Economic Development Act of 1965, as amended.

ii. Chapter 4 of Title II of the Trade Act of 1974, as amended.

iii. The Local Public Works Capital Development and Investment Act of 1976, which is Title I of the Public Works Employment Act of 1976 (Public Law 94-369), as amended.

iv. Special initiatives and supplemental appropriations for disasters and other emergencies.

3. Direct and manage Disaster Mission Assignments as may be issued from time to time to EDA by the Federal Emergency Management Agency.

4. Develop and carry out standard office procedures to ensure that staff is appropriately and consistently keeping the Operations, Planning and Control System (OPCS), official project files, and any tracking spreadsheets or databases up-to-date.

5. Ensure that staff implement and consistently follow all EDA policies, directives, memoranda, and standardized operating procedures; encourage staff to develop and disseminate best practices in service delivery, operational efficiency, and grants management and administration; and to actively participate in agency-wide taskforces and working groups.

6. Direct and supervise staff in the accurate and timely submission of materials requested by Headquarters, including quarterly BSC and GPRA data, data to support Investment Summary claims, information to support Departmental and agency data calls, and information to support agency budget requests.

SECTION 6. OFFICE OF INFORMATION TECHNOLOGY.

The Chief Information Officer, who directs and supervises the activities of the Office, shall:

a. Develop strategic information technology plans and operating budgets.

b. Develop and maintain EDA's information systems.

c. Be responsible for the operation of EDA's computer facilities, equipment, and telecommunications network.

d. Plan, develop, acquire, and coordinate information resources, including EDA's use of automatic data processing, office automation, and data communications systems and equipment.

e. Provide for the management and analysis of IT systems, including the conduct of feasibility studies and development of plans for systems and programs and implementation of such plans.

f. Develop and maintain a comprehensive information and data base system to meet specified requirements for administrative, planning, operational, program management, and program evaluation purposes.

g. Operate and maintain EDA's computer facilities, desktop and network equipment and resources, business applications, and telecommunications network.

h. Provide periodic and special summary reports on current operational trends and comparisons of performance to planned goals.

i. Develop and maintain a bureau-wide information security program.

j. Direct and oversee the operations and maintenance of EDA's website, which includes the Economic Development Information Clearinghouse (EDIC) (Sec. 502 of the Public Works and Economic Development Act of 1965, as amended), and the former Office of Economic Conversion Information clearinghouse). Coordinate with Regional Offices and Headquarters staff to ensure the website meets EDA's standards for quality, functionality, and timeliness.

k. Develop and implement EDA's website policies.

l. Coordinate and execute Memoranda of Understanding and contracts as needed to complete the above-listed activities.

SECTION 7. OFFICE OF FINANCE AND MANAGEMENT SERVICES.

.01 The Chief Financial Officer/Chief Administrative Officer, who directs and supervises the activities of the Office, shall:

a. As Chief Financial Officer:

1. Direct the preparation of financial statements and the annual financial audit.

2. Direct the development and execution of the budget consistent with the budget priorities set forth by the Assistant Secretary.

3. Direct the development, implementation, and evaluation of internal administrative and financial management control systems.

4. Direct the development and implementation of policies, standards, and procedures for collecting or taking other actions to resolve debts arising from grants made by EDA pursuant to statutory authority.

5. Recommend suspension, termination, or compromise of claims in accordance with the Federal Claims Collection Act and implementing regulations, including Department directives.

6. Refer delinquent claims receivable to the Assistant Secretary for Economic Development or the Department's Chief Financial Officer and Assistant Secretary for Administration, as appropriate, for approval prior to compromise, suspension, termination, or referral to the Department of Justice for litigation.

7. Provide guidance and direction to EDA's headquarters staff, Department officials, and other public officials in implementing EDA's debt management policies and procedures.

b. As Chief Administrative Officer:

1. Provide guidance and oversight for human resources management, acquisition management, and management of all EDA administrative functions to include awards, training, facilities, real and personal property, records management, and other support activities.

2. Serve as the deciding official on EDA-specific challenges received pursuant to the Federal Activities Inventory Reform (FAIR) Act.

3. Direct and supervise staff in drafting, coordinating, and testing EDA's Continuity of Operations Plan (COOP).

.02 In addition, the Chief Financial Officer/Chief Administrative Officer shall direct and supervise the activities of the following organizational elements:

a. The Administrative Division, which shall:

1. Manage and maintain records and EDA's directives system.

2. Coordinate and respond to Departmental and OMB requests for information that relate to all administrative procedures.

3. Manage and coordinate all requests for audits and all audit resolution actions and reports regarding EDA financial assistance recipients.

4. Provide procurement services and liaison with EDA's servicing procurement office.

5. Draft, coordinate, and lead EDA staff in testing EDA's COOP.

6. Manage the contracting and provision of security in EDA facilities.

7. Develop and implement property and facilities management protocols for EDA.

8. Manage the contracting and provision of EDA's telecommunications system.

9. Perform all other administrative functions not elsewhere specified.

10. Develop and manage a competency-based human resources system that integrates succession planning, recruitment, selection and training/development with competency-based performance management to tie employee's competency and behaviors to EDA's mission and goals.

11. As required, assist the Deputy Assistant Secretary for Regional Affairs with the classification of new position descriptions and/or other paperwork to effect organizational changes needed to enhance EDA's efficiency or effectiveness.

12. Develop and implement policies, procedures, and reporting as required by the FAIR Act.

13. Recommend and implement EDA's training and development policies and programs.

14. Implement EDA's diversity and equal opportunity programs.

b. The Budget and Finance Division, which shall:

1. Develop allocations and allocation methodologies for the distribution of program resources to the regions.

2. Exercise budgetary oversight of the total financial program of EDA and the fiscal aspects of EDA programs entrusted to other federal agencies.

3. Formulate, justify, and execute EDA's budget.

4. Review and monitor a fiscal control system for both program and administrative expenses consistent with the requirements of the Antideficiency Act, which shall include, but not be restricted to apportionments, allotment of funds, operating budgets, employment limitations, and analyses of reports and proposed actions.

5. Develop, recommend, and implement policies, standards, and procedures for resolving public debts arising from EDA's public sector grants and for servicing the direct loan and loan guarantee programs and apply sound internal control practices, including proper separation of duties, to maintain the loan servicing functions.

6. Coordinate the sale of loans as directed by the Chief Financial Officer/Chief Administrative Officer, excluding loans sold in the orderly course of a liquidation.

7. Seek recovery of funds determined to be claims of the government under the various grant programs of EDA, including debts arising from excess disbursements, disallowed costs, transfer of financed property, and court-ordered settlements.

8. Develop action plans on delinquent loans, and make recommendations for action to the Chief Financial Officer/Chief Administrative Officer.

9. Resolve audit debt problems, including obtaining acknowledgment of accounts receivable debts, resolving contested or delinquent debts, negotiating extended payment plans, and determining when a claim is uncollectable.

10. Evaluate and recommend disbursement of previously approved financial assistance to a grantee pending resolution of a debt owed EDA by the grantee.

11. Conduct the orderly liquidation of EDA projects incapable of continuing viable operations, and dispose of the project assets to the best advantage of the government.

12. Direct all liquidation activities regarding the care and preservation of EDA's collateral and security position in EDA loans or loan guaranties.

13. Recommend suspension, termination, or compromise of claims in accordance with the Federal Claims Collection Act and implementing regulations, including Department directives.

14. Develop recommendations for modifying loans or loan guaranties.

15. Process all reservations of funds and payment vouchers; perform final project close-out in OPCS.

16. Develop and maintain accounting systems and prepare financial reports and financial statements for internal and external use, according to the needs of management, the requirements of laws or regulations, and established policies.

17. Provide accounting support for effective control of all funds administered to present accurately the status of the appropriated funds and to meet the requirements of the Antideficiency Act.

18. Coordinate, review, and evaluate EDA vulnerability assessments of its internal controls to ensure conformance with OMB Circular A-123 and prepare the Assistant Secretary's annual Federal Manager's Financial Integrity Act statement to the Secretary of Commerce.

19. Analyze financial and operating data to provide useful financial information in support of BSC and GPRA data.

20. Serve as liaison for the annual financial audit.

21. Serve as the liaison with the Office of the Secretary and other federal agencies in all accounting matters.

SECTION 8. OFFICE OF EXTERNAL AFFAIRS.

.01 The Director of External Affairs, who directs and supervises the activities of the Office, shall:

a. Coordinate EDA congressional, intergovernmental, and public affairs activities.

b. Provide information on the goals, objectives, policies, programs, and activities of EDA.

c. Act as the point of contact for members of Congress, Congressional staff, other federal agencies, state and local governments, the media, and the general public.

d. Participate in public fora and make presentations concerning EDA's goals, objectives, policies, and procedures.

.02 The Director of External Affairs shall direct and supervise the following divisions:

a. The Legislative Affairs Division, which shall:

1. Assist the Director of External Affairs in representing EDA to members of Congress, Congressional staff, other federal agencies, state and local elected officials, and other governmental and non-governmental organizations through all manner of written and verbal communication.

2. Communicate the Administration's legislative agenda regarding economic development matters.

3. Coordinate and advise EDA's regional offices' contact with, and message to, elected and non-elected government officials.

4. Support and assist the Assistant Secretary in responding to requests for testimony regarding the Administration's economic development policies. Prepare and consolidate EDA briefing and presentation material, including congressional testimony and legislative strategy.

5. In collaboration with the Office of the Chief Counsel, perform research and analysis of legislative proposals affecting EDA.

6. Track correspondence, develop and implement programs for the efficient management of all official records of the Office of the Assistant Secretary, and maintain correspondence and policy files.

7. Manage and maintain EDA's correspondence functions, including the creation of written responses to inquiries by government officials, businesses, community groups, non-governmental organizations, and the general public.

8. Review, edit, distribute, and dispatch responses to correspondence, projects, and action memoranda to or from the Assistant Secretary. Maintain prompt follow-up of replies to ensure that deadlines are met.

9. Provide appropriate and comprehensive bureau information necessary to respond to Secretarial, Congressional, intergovernmental, other federal agency, and public requests.

10. Prepare responses to inquiries and correspondence regarding policy issues, program/project matters, and all other correspondence requiring signature by the Assistant Secretary or Secretary.

b. The Public Affairs Division, which shall:

1. In coordination with the Department of Commerce Office of Public Affairs, carry out and/or coordinate all EDA public affairs activities, including press releases, media events, and public appearances of the Assistant Secretary.

2. Interact with the public on behalf of EDA, focusing on the Economic Development Coalition members, public and private economic developers, and national interest groups.

3. Develop the message to communicate EDA's vision, mission, and goals, including speech material for the Assistant Secretary.

4. Be responsible for the form, appearance, and content of all materials and information provided to EDA stakeholders, partners, customers, and the general public.

5. Coordinate relationships with local and national media.

6. Be responsible for outreach to stakeholders, including governmental partners, non-governmental organizations, and the communities served by EDA.

7. Act as EDA's information dissemination center to the public on programs, activities, and policies. Disseminate information about effective economic development programs, projects, and techniques.

8. Coordinate EDA activities in consultation with the Office of the Assistant Secretary on the Excellence in Economic Development Awards.

9. Develop appropriate informational materials for public distribution and for dissemination via the web. Be responsible for web-enabled outreach and communication such as chat rooms and online fora.

10. Coordinate EDA internal communications.

SECTION 9. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

The Director, Office of Innovation and Entrepreneurship, who directs and supervises the activities of the Office, shall:

a. Focus on promoting and supporting high-growth entrepreneurship and accelerating commercialization of federally funded research, both in federal laboratories and at universities.

b. Work closely with multiple bureaus at Commerce, as well as with the White House and other federal agencies.

c. Develop a strategic plan to support and promote high-growth, innovation-driven entrepreneurship.

d. Develop a strategic plan to increase and accelerate commercialization of federally funded research, both in federal labs and universities.

e. Work with other bureaus of Commerce to coordinate and collaborate on policies and programs to support entrepreneurship and commercialization.

f. Work with the White House and other federal agencies to coordinate and collaborate on policies and programs to support entrepreneurship and commercialization.

g. Develop and implement new initiatives and programs to achieve the goals of the Office of Innovation and Entrepreneurship.

h. Serve as the principal policy adviser to the Secretary and Assistant Secretary for Economic Development for innovation and entrepreneurship issues.

SECTION 10. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 45-1, dated May 5, 2008.

Signed by: Assistant Secretary for Economic Development

Approved by: Chief Financial Officer and Assistant Secretary for Administration