
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR2]

[Page 171-184]
 
                          TITLE 7--AGRICULTURE
 
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OF
FICERS OF THE DEPARTMENT--Table of Contents
 
Subpart D--Delegations of Authority to Other General Officers and Agency Heads

    Editorial Note: Nomenclature changes to subpart D appear at 60 FR 
66713, Dec. 26, 1995.

Sec. 2.25  Director, Hazardous Materials Management Group.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Director, Hazardous Materials Management Group.
    (1) Serve as Executive Director of the USDA Hazardous Materials 
Policy Council.
    (2) Represent USDA in consulting or working with the Environmental 
Protection Agency (EPA), the Council on Environmental Quality, the 
Domestic Policy Council, and others to develop

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policies relating to hazardous materials management and Federal 
facilities compliance.
    (3) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (4) Monitor, review, evaluate, and oversee USDA agency expenditures 
for hazardous materials management program accomplishments.
    (5) Coordinate for the USDA Hazardous Materials Policy Council the 
presentation of the USDA Hazardous Waste Management appropriation budget 
request to the Office of Management and Budget (OMB) and Congress.
    (6) Prepare for the USDA Hazardous Materials Policy Council the 
hazardous materials management program budget and accomplishment reports 
to Congress, OMB, and EPA and take a lead role in the preparation of 
replies to Congressional inquiries.
    (7) Represent USDA on the National Response Team on hazardous spills 
and oil spills pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et 
seq.); the Clean Water Act, as amended (33 U.S.C. 1251, et seq.); Oil 
Pollution Act, as amended (33 U.S.C. 2701, et seq.); Executive Order 
12580, 3 CFR, 1987 Comp., p. 193; Executive Order 12777, 3 CFR, 1991 
Comp., p. 351, and the National Contingency Plan, 40 CFR Part 300.
    (8) Approve disbursements from the New World Mine Response and 
Restoration Account, approve the New World Mine Response and Restoration 
Plan, and make quarterly reports to Congress under Sections 502(d) and 
(f) of Title V of the Department of the Interior and Related Agencies 
Appropriations Act of 1998, Public Law 105-83.
    (9) Provide program leadership and oversight for USDA compliance 
with applicable pollution control laws and executive orders, including 
Executive Order 13148, Greening of the Government Through Leadership in 
Environmental Management.
    (10) Ensure that the Hazardous Materials Management Program 
Department-wide is accomplished with regard to, and in compliance with, 
Executive Order 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and low-Income Populations.
    (11) Take such action as may be necessary, with the affected agency 
head and with the concurrence of the General Counsel, including issuance 
of administrative orders and agreements with any person to perform any 
response action under sections 106(a) and 122 (except subsection (b)(1)) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 
4(c)(3) and 4(d)(3) of Executive Order 12580, as amended by Executive 
Order 13016.
    (12) Receive administrative support from the Assistant Secretary for 
Administration.
    (b) [Reserved]

[65 FR 82891, Dec. 29, 2000; 66 FR 8149, Jan. 29, 2001]

Sec. 2.26  Director, Office of the Executive Secretariat.

    The following delegation of authority is made by the Secretary of 
Agriculture to the Director, Office of the Executive Secretariat: 
Responsible for all correspondence control and related records 
management functions for the Office of the Secretary.

Sec. 2.27  Office of Administrative Law Judges.

    (a) The following designations are made by the Secretary of 
Agriculture to the Office of Administrative Law Judges:
    (1) Administrative law judges (formerly hearing examiners) are 
designated pursuant to 5 U.S.C. 556(b)(3) to hold hearings and perform 
related duties in proceedings subject to 5 U.S.C. 556 and 557, arising 
under the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601 et seq.); the Commodity Exchange Act as amended (7 U.S.C. 1 
et seq.); the Perishable Agricultural Commodities Act, as amended (7 
U.S.C. 499a et seq.); the Federal Seed Act, as amended (7 U.S.C. 1551 et 
seq.); the (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131 et 
seq.); the Packers and Stockyards Act, 1921, as amended and supplemented 
(7 U.S.C. 181 et seq.); the Forest Resources Conservation and Shortage 
Relief of 1990

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(16 U.S.C. 630 et seq.); and any other acts providing for hearings to 
which the provisions of 5 U.S.C. 556 and 557, are applicable. Pursuant 
to the applicable rules of practice, the administrative law judges shall 
make initial decisions in adjudication and rate proceedings subject to 5 
U.S.C. 556 and 557. Such decisions shall become final without further 
proceedings unless there is an appeal to the Secretary by a party to the 
proceeding in accordance with the applicable rules of practice: 
Provided, however, that no decision shall be final for purposes of 
judicial review except a final decision of the Secretary upon appeal. As 
used herein, ``Secretary'' means the Secretary of Agriculture, the 
Judicial Officer, or other officer or employee of the Department 
delegated, pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-450g), 
and Reorganization Plan No. 2 of 1953 (5 U.S.C. App.), ``regulatory 
functions'' as that term is defined in the 1940 Act, in acting as final 
deciding officer in adjudication and rate proceedings subject to 5 
U.S.C. 556 and 557. Administrative Law Judges are delegated authority to 
hold hearings and perform related duties as provided in the Rules of 
Practice Governing Cease and Desist Proceedings Under Section 2 of the 
Capper-Volstead Act, set forth in part 1, subpart I of this title.
    (2) [Reserved]
    (b) The Chief Administrative Law Judge is delegated the following 
administrative responsibilities subject to the guidance and control of 
the Assistant Secretary for Administration (See Sec. 2.24(a)):
    (1) Exercise general responsibility and authority for all matters 
related to the administrative activities of the Office of Administrative 
Law Judges; and
    (2) Direct the functions of the Hearing Clerk as set out in 
Sec. 2.24(a)(1)(iii).

Sec. 2.28  Chief Financial Officer.

    (a) The Chief Financial Officer, under the supervision of the 
Secretary, is responsible for executing the duties enumerated for agency 
Chief Financial Officers in the Chief Financial Officers Act of 1990, 
Public Law No. 101-576, 31 U.S.C. 902, including:
    (1) Reporting directly to the Secretary of Agriculture regarding 
financial management matters and the financial execution of the budget.
    (2) Overseeing all financial management activities relating to the 
programs and operations of the Department and component agencies.
    (3) Developing and maintaining an integrated accounting and 
financial system for the Department and component agencies, including 
financial reporting and internal controls, which--
    (i) Complies with applicable accounting principles, standards, and 
requirements, and internal control standards;
    (ii) Complies with such policies and requirements as may be 
prescribed by the Director of the Office of Management and Budget;
    (iii) Complies with any other requirements applicable to such 
systems; and
    (iv) 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.
    (4) Making 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.
    (5) Directing, managing, and providing policy guidance and oversight 
of Department financial management personnel, activities, and 
operations, including:
    (i) Preparing and annually revising a Departmental plan to:
    (A) Implement the 5-year financial management plan prepared by the 
Director of the Office of Management and Budget under 31 U.S.C. 
3512(a)(3); and
    (B) 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).
    (ii) Developing Departmental financial management budgets, including 
the oversight and recommendation of approval of component agency 
financial management budgets;

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    (iii) Recruiting, selecting, and training of personnel to carry out 
Departmental financial management functions;
    (iv) Approving and managing Departmental, and approving component 
agency, financial management systems design or enhancement projects; and
    (v) Implementing and approving Departmental, and approving component 
agency, asset management systems, including systems for cash management, 
credit management, debt collection, and property and inventory 
management and control.
    (6) Preparing and transmitting, 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 the Office of Management and 
Budget, which shall include:
    (i) A description and analysis of the status of financial management 
of the Department;
    (ii) The annual financial statements prepared under 31 U.S.C. 3521;
    (iii) The audit report transmitted to the Secretary under 31 U.S.C. 
3521;
    (iv) 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); and
    (v) Other information the Secretary considers appropriate to inform 
fully the President and the Congress concerning the financial management 
of the Department.
    (7) Monitoring the financial execution of the budget of the 
Department in relation to projected and actual expenditures, and 
preparing and submitting to the Secretary timely performance reports.
    (8) Reviewing, on a biennial basis, the fees, royalties, rent, and 
other charges imposed by the Department for services and things of value 
it produces, and making recommendations on revising those charges to 
reflect costs incurred by the Department in providing those services and 
things of value.
    (9) Accessing 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.
    (10) Requesting such information or assistance as may be necessary 
for carrying out the duties and responsibilities granted the Chief 
Financial Officer by the Chief Financial Officers Act of 1990 (Pub. L. 
No. 101-576), from any Federal, State, or local governmental entity.
    (11) To the extent and in such amounts as may be provided in advance 
by appropriations acts, entering into contracts and other arrangements 
with public agencies and with private persons for the preparation of 
financial statements, studies, analyses, and other services, and making 
such payments as may be necessary to carry out the duties and 
prerogatives of the Chief Financial Officer.
    (b) In addition to the above responsibilities, the following 
delegations of authority are made by the Secretary of Agriculture to the 
Chief Financial Officer:
    (1) Designate the Department's Director of Finance and Comptroller 
of the Department Working Capital Fund.
    (2) Establish Departmental policies, standards, techniques, and 
procedures applicable to all USDA agencies for the following areas:
    (i) 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 payroll and property systems;
    (ii) Selection, standardization, and simplification of program 
delivery processes utilizing grants, cooperative agreements and other 
forms of Federal assistance;
    (iii) Review and approval of Federal assistance, internal control, 
fiscal, accounting and financial management regulations and instructions 
proposed

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or issued by USDA agencies for conformity with Departmental 
requirements; and
    (iv) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 
853a) as it relates to grants, loans, and licenses.
    (3) Establish policies related to the Department Working Capital 
Fund.
    (4) 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.
    (5) Exercise responsibility and authority for operating USDA's 
Central Accounting System and related administrative systems including:
    (i) Management of the National Finance Center (NFC), which includes 
developing, maintaining, and operating manual and automated 
administrative and accounting systems for the USDA agencies related to 
the Central Accounting System, Departmentwide payroll and personnel 
information, statistics, administrative payments, billings and 
collections, and related reporting systems that are either requested by 
the agencies or required by the Department;
    (ii) Management of the NFC automated data processing and 
telecommunications systems and coordination with the Office of the Chief 
Information Officer to assure that the hardware and software located at 
the NFC will be integrated with and compatible with all other systems;
    (iii) Develop new or modified accounting systems and documentation 
supporting the Central Accounting System which includes working with 
USDA agencies to obtain General Accounting Office approval; and
    (iv) Review and approve the issuance of accounting and management 
instructions related to the operation of the NFC.
    (6) 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:
    (i) Personnel services, as listed in Sec. 2.24(a)(5)(x), and 
organizational support services, with authority to take actions required 
by law or regulation to perform such services; and
    (ii) 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.
    (7) Exercise responsibility and authority for all matters related to 
the Department's accounting and financial operations including such 
activities as:
    (i) Financial administration, including accounting and related 
activities;
    (ii) Reviewing financial aspects of agency operations and proposals;
    (iii) 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 (b)(2) of this section;
    (iv) Reviewing and monitoring agency implementation of Federal 
assistance policies;
    (v) Reviewing and approving agencies' accounting systems 
documentation including related development plans, activities, and 
controls;
    (vi) Monitoring agencies' progress in developing and revising 
accounting and financial management systems and internal controls;
    (vii) Evaluating agencies' financial systems to determine the 
effectiveness of procedures employed, compliance with regulations, and 
the appropriateness of policies and practices;
    (viii) 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; and
    (ix) Monitoring USDA implementation of section 5301 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 853a) as it relates to grants, loans, and 
licenses.
    (8) Establish Department and approve component agency programs, 
policies, standards, systems, techniques and procedures to improve the 
management and operational efficiency and effectiveness of the USDA 
including:

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    (i) Implementation of the policies and procedures set forth in OMB 
Circulars No. A-76: Performance of Commercial Activities, and No. A-117: 
Management Improvement and the Use of Evaluation in the Executive 
Branch;
    (ii) Increased use of operations research and management science in 
the areas of productivity and management; and
    (iii) All activities financed through the Department Working Capital 
Fund.
    (9) Designate the Commercial Industrial Officer for USDA.
    (10) 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.
    (11) Represent the Department in contacts with the Office of 
Management and Budget, General Services Administration, General 
Accounting Office, 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.
    (12) Maintain the Departmental inventory of commercial activities 
required by OMB Circular No. A-76 and provide Departmentwide technical 
assistance to accomplish Circular objectives.
    (13) Establish policies related to travel by USDA employees.
    (14) Exercise responsibility for coordinating and overseeing the 
implementation of the Government Performance and Results Act of 1993, 
Pub. L. No. 103-62, at the Department.
    (15) Exercise responsibility for design, implementation, and 
oversight of the Department's project known as Financial Information 
Systems Vision, and approval of the design and implementation of an 
integrated financial information and management system for the 
Department and all component agencies.
    (16) 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:
    (i) The Secretary of Agriculture;
    (ii) The general officers of the Department, except the Inspector 
General;
    (iii) The offices and agencies reporting to the Assistant Secretary 
for Administration; and
    (iv) Any other officers and agencies of the Department as may be 
agreed.
    (17) Develop, promulgate, and coordinate Department-wide policy 
concerning nonprocurement debarment and suspension, as contained in 7 
CFR part 3017.

[60 FR 56393, Nov. 8, 1995, as amended at 63 FR 11101, Mar. 6, 1998; 65 
FR 77761, Dec. 13, 2000]

Sec. 2.29  Chief Economist.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Chief Economist:
    (1) Related to economic analysis. (i) Coordinate economic analyses 
of, and review Department decisions involving, policies and programs 
that have substantial economic implications.
    (ii) Review and assess the economic impact of all significant 
regulations proposed by any agency of the Department.
    (iii) Review economic data and analyses used in speeches and 
Congressional testimony by Department personnel and in materials 
prepared for release through the press, radio, and television.
    (2) Related to risk assessment. (i) Responsible for assessing the 
risks to human health, human safety, or the environment, and for 
preparing cost-benefit analyses, with respect to proposed major 
regulations, and for publishing such assessments and analyses in the 
Federal Register as required by section 304 of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 2204e).
    (ii) Provide direction to Department agencies in the appropriate 
methods of risk assessment and cost-benefit analyses and coordinate and 
review all risk

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assessments and cost-benefit analyses prepared by any agency of the 
Department.
    (iii) Enter into contracts, grants, or cooperative agreements to 
further research programs in the food and agriculture sciences (7 U.S.C. 
3318).
    (3) Related to food and agriculture outlook and situation. (i) 
Coordinate and review all crop and commodity data used to develop 
outlook and situation material within the Department.
    (ii) Oversee and clear for consistency analytical assumptions and 
results of all estimates and analyses which significantly relate to 
international and domestic commodity supply and demand, including such 
estimates and analyses prepared for public distribution by the Foreign 
Agricultural Service, the Economic Research Service, or by any other 
agency or office of the Department.
    (4) Related to weather and climate. (i) Advise the Secretary on 
climate and weather activities, and coordinate the development of policy 
options on weather and climate.
    (ii) Coordinate all weather and climate information and monitoring 
activities within the Department and provide a focal point in the 
Department for weather and climate information and impact assessment.
    (iii) Arrange for appropriate representation to attend all meetings, 
hearings, and task forces held outside the Department which require such 
representation.
    (iv) Designate the Executive Secretary of the USDA Weather and 
Climate Program Coordinating Committee.
    (5) Related to interagency commodity estimates committees. (i) 
Establish Interagency Commodity Estimates Committees for Commodity 
Credit Corporation price-supported commodities, for major products 
thereof, and for commodities where a need for such a committee has been 
identified, in order to bring together estimates and supporting analyses 
from participating agencies, and to develop official estimates of 
supply, utilization, and prices for commodities, including the effects 
of new program proposals on acreage, yield, production, imports, 
domestic utilization, price, income, support programs, carryover, 
exports, and availabilities for export.
    (ii) Designate the Chairman, who shall also act as Secretary, for 
all Interagency Commodity Estimates Committees.
    (iii) Assure that all committee members have the basic assumptions, 
background data and other relevant data regarding the overall economy 
and market prospects for specific commodities.
    (iv) Review for consistency of analytical assumptions and results 
all proposed decisions made by Commodity Estimates Committees prior to 
any release outside the Department.
    (6) Related to remote sensing. (i) Provide technical assistance, 
coordination, and guidance to Department agencies in planning, 
developing, and carrying out satellite remote sensing activities to 
assure full consideration and evaluation of advanced technology.
    (ii) Coordinate administrative, management, and budget information 
relating to the Department's remote sensing activities including:
    (A) Inter- and intra-agency meetings, correspondence, and records;
    (B) Budget and management tracking systems; and
    (C) Inter-agency contacts and technology transfer.
    (iii) Designate the Executive Secretary for the Remote Sensing 
Coordination Committee.
    (7) Related to long-range commodity and agricultural-sector 
projections. Establish committees of the agencies of the Department to 
coordinate the development of a set of analytical assumptions and long-
range agricultural-sector projections (2 years and beyond) based on 
commodity projections consistent with these assumptions and coordinated 
through the Interagency Commodity Estimates Committees.
    (8) Related to agricultural labor affairs. Exercise the following 
functions of the Secretary under the Immigration and Nationality Act 
(INA), as amended (8 U.S.C. 1101 et seq.):
    (i) Pursuant to section 214(c) of INA (8 U.S.C. 1184(c)), provide 
consultation to the Attorney General and the Secretary of Labor 
concerning the question of the importation of aliens as nonimmigrant 
temporary agricultural

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workers, known as ``H-2A'' workers, under 8 U.S.C. 
1101(a)(15)(H)(ii)(a);
    (ii) Pursuant to section 218(e) of the INA (8 U.S.C. 1188 note), 
provide consultation to the Attorney General and the Secretary of Labor 
concerning all regulations to implement 8 U.S.C. 101(a)(15)(H)(ii)(a) 
and 1188 providing for the importation of H-2A workers;
    (iii) Pursuant to section 210(h) of the INA (8 U.S.C. 1160(h)), 
promulgate regulations to define ``seasonal agricultural services'' for 
purposes of the Special Agricultural Worker (SAW) Program;
    (iv) Pursuant to section 210A(a) of the INA (8 U.S.C. 1161(a)), 
determine jointly with the Secretary of Labor the number (if any) of 
additional special agricultural workers, known as ``replenishment 
agricultural workers'' (RAWs), who should be admitted to the United 
States or otherwise acquire the status of aliens lawfully admitted for 
temporary residence during fiscal years 1990 through 1993 to meet a 
shortage of workers to perform seasonal agricultural services in the 
United States during each such fiscal year;
    (v) Pursuant to section 210A(a)(7) of the INA (8 U.S.C. 1161(a)(7)), 
determine jointly with the Secretary of Labor emergency requests to 
increase the shortage number;
    (vi) Pursuant to section 210A(a)(8) of the INA (8 U.S.C. 
1161(a)(8)), determine jointly with the Secretary of Labor requests to 
decrease the number of man-days of seasonal agricultural services 
required of RAWs to avoid deportation and for naturalization under 
section 210A(d)(5)(A) and (B) of the INA (8 U.S.C. 1161(d)(5)(A) and 
(B));
    (vii) Pursuant to section 210A(b)(1) of the INA (8 U.S.C. 
1161(b)(1)), calculate jointly with the Secretary of Labor and annual 
numerical limitation on the number of RAWs who may be admitted or 
otherwise acquire the status of aliens lawfully admitted for temporary 
residence during fiscal years 1990 through 1993 under section 210A(c)(1) 
of the INA (8 U.S.C. 1161(c)(1)); and
    (viii) Pursuant to section 210A(b)(2) of the INA (8 U.S.C. 
1161(b)(2)), establish jointly with the Secretary of Labor the 
information that must be reported by any person or entity who employs 
SAWs or RAWs in seasonal agricultural services during fiscal years 1989 
through 1992, and to designate jointly with the Secretary of Labor the 
official to whom the person or entity must furnish such certification.
    (9) Related to the Capper-Volstead Act. Serve as Chairman of the 
Capper-Volstead Act Committee to identify cases of undue price 
enhancement by associations of producers and issue complaints requiring 
such associations to show cause why an order should not be made 
directing them to cease and desist from monopolization or restraint of 
trade. The Chairman is authorized to call upon any agency of the 
Department for support in carrying the functions of the Committee (7 
U.S.C. 292).
    (10) Related to committee management. Establish and reestablish 
regional, state, and local advisory committees for activities under his 
or her authority. This authority may not be redelegated.
    (11) Related to energy. (i) Advise the Secretary and other policy-
level officials of the Department on energy policies and programs, 
including legislative and budget proposals.
    (ii) Serve as or designate the Department representative at 
hearings, conferences, meetings and other contacts with respect to 
energy and energy-related matters, including liaison with the Department 
of Energy, the Environmental Protection Agency and other governmental 
agencies and departments.
    (iii) Enter into contracts, grants, or cooperative agreements to 
further research programs in the food and agriculture sciences (7 U.S.C. 
3318).
    (iv) Enter into cost-reimbursable agreements relating to 
agricultural research (7 U.S.C. 3319a).
    (v) Provide Department leadership in:
    (A) Analyzing and evaluating existing and proposed energy policies 
and strategies, including those regarding the allocation of scarce 
resources;
    (B) Developing energy policies and strategies, including those 
regarding the allocation of scarce resources;
    (C) Reviewing and evaluating Departmental energy and energy-related 
programs and programs progress;
    (D) Developing agricultural and rural components of national energy 
policy plans; and

[[Page 179]]

    (E) Preparing reports on energy and energy-related polices and 
programs required under Acts of Congress and Executive orders, including 
those involving testimony and reports on legislative proposals.
    (vi) Provide Departmental oversight and coordination with respect to 
resources available for energy and energy-related activities, including 
funds transferred to USDA from other departments or agencies of the 
Federal Government pursuant to interagency agreements.

[60 FR 56393, Nov. 8, 1995, as amended at 63 FR 66979, Dec. 4, 1998; 64 
FR 40735, July 28, 1999]

Sec. 2.30  Director, Office of Budget and Program Analysis.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Director, Office of Budget and Program Analysis:
    (1) Serve as the Department's Budget Officer and exercise general 
responsibility and authority for all matters related to the Department's 
budgeting affairs including:
    (i) Resource administration, including all phases of the 
acquisition, and distribution of funds and staff years; and
    (ii) Legislative and regulatory reporting and related activities.
    (2) Provide staff assistance for the Secretary, general officers, 
and other Department and agency officials.
    (3) Formulate and promulgate Departmental budgetary, legislative and 
regulatory policies and procedures.
    (4) Represent the Department in contacts with the Office of 
Management and Budget, the General Accounting Office, the Treasury 
Department, Congressional Committees on Appropriations, and other 
organizations and agencies on matters related to his or her 
responsibility.
    (5) 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.
    (6) Review and analyze legislation, regulations, and policy options 
to determine their impact on USDA programs and policy objectives and on 
the Department's budget.
    (7) Monitor ongoing studies with significant program or policy 
implications.
    (b) The following authority is reserved to the Secretary of 
Agriculture: Final approval of the Department's program and financial 
plans.

Sec. 2.31  General Counsel.

    The General Counsel, as the chief law officer of the Department, is 
legal adviser to the Secretary and other officials of the Department and 
responsible for providing legal services for all the activities of the 
Department. The delegations of authority by the Secretary of Agriculture 
to the General Counsel include the following:
    (a) Consider, ascertain, adjust, determine, compromise, and settle 
claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 
2671-2680), and the regulations of the Attorney General contained in 28 
CFR part 14; and consider, ascertain, adjust, determine, compromise, and 
settle claims pursuant to section 920 of the Federal Agriculture 
Improvement and Reform Act of 1996, Public Law 104-127 (7 U.S.C. 2262a).
    (b) Certify documents as true copies of those on file in the 
Department.
    (c) Sign releases of claims of the United States against private 
persons for damage to or destruction of property of the department, 
except those claims cognizable under the Contract Disputes Act of 1978 
(41 U.S.C. 601 et seq.).
    (d) Responsible for the overall management and operation of the Law 
Library, furnishing complete legal and legislative library services to 
the Office of the General Counsel and the Department.
    (e) Make determinations as to whether employees of the Department 
may retain commercial rights in inventions; prepare patent applications 
and prosecute the same before the Patent Office.
    (f) Represent the Department in formal rulemaking and adjudicatory 
proceedings held in connection with the administration of the 
Department's activities, and decide whether initial decisions of the 
administrative law

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judges shall be appealed by the Department to the Secretary.
    (g) Represent the Department in connection with legal issues that 
arise in its relations with the Congress, the General Accounting Office, 
or other agencies of the Government.
    (h) Represent the Department in proceedings before the Interstate 
Commerce Commission involving freight rates on farm commodities, and in 
appeals from decisions of the Commission to the courts.
    (i) In civil actions arising out of the activities of the 
Department, present the Department's case to the Attorney General and 
U.S. attorneys and, upon request of the Department of Justice, assist in 
the preparation and trial of such cases and in the briefing and argument 
of such cases at the appellate level.
    (j) Review cases having criminal aspects and refer them to the 
Department of Justice.
    (k) Act as liaison between the Department and the Department of 
Justice.
    (l) Perform the following legal services:
    (1) Render legal opinions on questions arising in the conduct of the 
Department's activities;
    (2) Prepare or review regulations;
    (3) Draft proposed legislation;
    (4) Prepare or review contracts, mortgages, deeds, leases, and other 
documents; and
    (5) Examine titles to land to be acquired or accepted as security 
for loans.
    (m) Perform such other legal services as may be required in the 
administration of the Department's activities, including the defense 
program.
    (n) Serve as a member of the Capper-Volstead Act Committee to 
identify cases of undue price enhancement by associations of producers 
and issue complaints requiring such associations to show cause why an 
order should not be made directing them to cease and desist from 
monopolization or restraint of trade (7 U.S.C. 292).
    (o) Settle claims for damage to, or loss of, privately owned 
property pursuant to the provisions of 31 U.S.C. 3723.
    (p) Serve on the USDA Hazardous Materials Policy Council.

[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 49237, Sept. 19, 1996; 
65 FR 12429, Mar. 9, 2000]

Sec. 2.32  Alternative Agricultural Research and Commercialization 
          Board.

    The following delegation of authority is made by the Secretary of 
Agriculture to the Alternative Agricultural Research and 
Commercialization Board: Enter into contracts, grants, or cooperative 
agreements to further research programs in the agricultural sciences (7 
U.S.C. 3318).

Sec. 2.33  Inspector General.

    (a) The following delegations of authority are made by the Secretary 
of Agriculture to the Inspector General:
    (1) Advise the Secretary and General officers in the planning, 
development, and execution of Department policies and programs.
    (2) Provide for the personal security of the Secretary and the 
Deputy Secretary.
    (3) Serve as liaison official for the Department for all audits of 
USDA performed by the General Accounting Office.
    (4) In addition to the above delegations of authority, the Inspector 
General, under the general supervision of the Secretary, has specific 
duties, responsibilities, and authorities pursuant to the Inspector 
General Act of 1978, Pub. L. No. 95-452, 5 U.S.C. App.
    (b) The following authority is reserved to the Secretary of 
Agriculture: Approving the implementation in the Office of Inspector 
General of administrative policies or procedures that contravene 
standard USDA administrative policies as promulgated by the Assistant 
Secretary for Administration.

Sec. 2.34  Director, National Appeals Division.

    The Director, National Appeals Division, under the general 
supervision of the Secretary, has specific duties, responsibilities, and 
authorities pursuant to subtitle H of the Department of Agriculture 
Reorganization Act of 1994, Pub. L. No. 103-354, title II (7 U.S.C. 6991 
et seq.), including:

[[Page 181]]

    (a) Deciding appeals from adverse decisions, made by an officer or 
employee of an agency of the Department designated by the Secretary, 
that are adverse to participants. The term ``agency'' shall include the 
following and any predecessor agency: the Farm Service Agency; the 
Commodity Credit Corporation (with respect to domestic programs); the 
Federal Crop Insurance Corporation; the Rural Housing Service; the Rural 
Business-Cooperative Service; the Natural Resources Conservation 
Service; and a State, county, or area committee established under 
section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 
U.S.C. 590h(b)(5)); and
    (b) The authority to appoint such hearing officers and other 
employees as are necessary for the administration of the activities of 
the Division.

Sec. 2.35  Judicial Officer.

    The following delegations of authority are made by the Secretary of 
Agriculture to the Judicial Officer: Pursuant to the provisions of the 
Act of April 4, 1940 (7 U.S.C. 450c-450g), and Reorganization Plan No. 2 
of 1953 (5 U.S.C. App.), the Judicial Officer is hereby authorized to 
act as final deciding officer in adjudication proceedings subject to 5 
U.S.C. 556 and 557; in other adjudication proceedings which are or may 
be made subject to the ``Rules of Practice Governing Formal Adjudicatory 
Proceedings Instituted by the Secretary Under Various Statutes'' set 
forth in part 1, subpart H of this title; in adjudication proceedings 
under the ``Rules of Practice Governing Cease and Desist Proceedings 
Under Section 2 of the Capper-Volstead Act'' set forth in part 1, 
subpart I of this title; in rate proceedings under the Packers and 
Stockyards Act; in adjudication proceedings under the ``Procedures 
Related to Administrative Hearings Under the Program Fraud Civil 
Remedies Act of 1986'' set forth in part 1, subpart L of this title; in 
adjudication proceedings subject to the ``Rules of Practice Governing 
the Adjudication of Sourcing Area Applications and Formal Review of 
Sourcing Areas Pursuant to the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.)'' set forth in part 
1, subpart M of this title; and in reparation proceedings under statutes 
administered by the Department. As used herein the term ``Judicial 
Officer'' shall mean any person or persons so designated by the 
Secretary of Agriculture. The provisions of this delegation shall not be 
construed to limit the authority of the Judicial Officer to perform any 
functions, in addition to those defined in the said Act of April 4, 
1940, which from time to time may be assigned by the Secretary to him or 
her.

Sec. 2.36  Director, Office of Communications.

    (a) Delegations. The following delegations of authority are made by 
the Secretary of Agriculture to Director, Office of Communications:
    (1) Related to public affairs. (i) Advise and counsel general 
officers on public affairs matters to the Department.
    (ii) Organize and direct the activities of a public affairs office 
to include press relations of the secretary of agriculture and other 
executive functions and services for general officers of the Department.
    (2) Related to information activities. (i) Advise the secretary and 
general officers in the planning, development, and execution of 
Department policies and programs.
    (ii) Direct and coordinate the overall formulation and development 
of policies, programs, plans, procedures, standards and organization 
structures and staffing patterns for the information activities of the 
Department and its agencies, both in Washington and in the field.
    (iii) Exercise final review and approval of all public information 
material prepared by the Department and its agencies and select the most 
effective method and audience for distributing this information.
    (iv) Serve as the central public information authority in the USDA, 
with the authority to determine policy for all USDA communication 
activities and agency information activities in order to provide 
leadership and centralized operational direction for USDA and agency 
information activities so

[[Page 182]]

that all material shall effectively support USDA policies and programs, 
including the defense program.
    (v) Serve as the central printing authority in the USDA, with 
authority to represent the USDA with Joint Committee on Printing of the 
Congress, the Government Printing Office, and other Federal and State 
agencies on information matters.
    (vi) Cooperate with and secure the cooperation of commercial, 
industrial and other nongovernmental agencies and concerns regarding 
information work as required in the execution of the Department's 
programs.
    (vii) Plan and direct communication research and training for the 
Department and its agencies.
    (viii) Oversee general officers and agency heads in the development 
and implementation of information policies issued pursuant to the 
provisions of the ``Freedom of Information Act'' (5 U.S.C. 552) and the 
``Privacy Act'' (5 U.S.C. 552a), and provide consultation regarding 
those policies.
    (ix) Supervise and provide leadership and final clearance for the 
planning, production, and distribution of visual information material 
for the department and its agencies in Washington, D.C., and the field, 
and provide such information services as may be deemed necessary.
    (x) Maintain overall responsibility and control over the preparation 
of the ``Agricultural Decisions.''
    (xi) Administer, direct and coordinate publications and user fee 
authority granted under section 1121 of the Agriculture and Food Act of 
1981, as amended by section 1769 of the Food Security Act of 1985, 7 
U.S.C. 2242a; and publish any appropriate regulations necessary to the 
exercise of this authority.
    (b) [Reserved]

Sec. 2.37  Chief Information Officer.

    (a) Delegation. The Chief Information Officer, under the supervision 
of the Secretary, is responsible for executing the duties enumerated in 
Public Law 104-106 for agency Chief Information Officers, as follows:
    (1) Reporting directly to the Secretary of Agriculture regarding 
information technology matters.
    (2) Overseeing 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.
    (3) Providing 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).
    (4) Developing, implementing, and maintaining a sound and integrated 
Departmentwide information technology architecture.
    (5) Promoting 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.
    (6) Approving the acquisition or procurement of information 
technology resources by, or on behalf of, any Department agency or 
office.
    (7) Providing guidance and assistance to Department procurement 
personnel with respect to information technology acquisition strategy 
and policy.
    (8) The Chief Information Officer is designated 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 Circular A-109, Major Systems Acquisitions, for 
information technology. This includes the authority to:
    (i) Ensure that OMB Circular A-109 is effectively implemented for 
information technology systems in the Department and that the management 
objectives of the Circular are realized;

[[Page 183]]

    (ii) Review the program management of each major information 
technology system acquisition;
    (iii) Approve the appointment of the program manager for each major 
information technology systems acquisition; and
    (iv) Designate any Departmental information technology acquisition 
as a major system acquisition under OMB Circular A-109.
    (9) On an annual basis:
    (i) Assessing Departmentwide 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.
    (ii) Developing strategies and specific plans for hiring, training, 
and professional development at the executive and management level to 
meet personnel information technology personnel requirements.
    (iii) Reporting to the Secretary on progress made in improving 
information resources management capability.
    (10) The Chief Information Officer is designated as 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:
    (i) Ensuring that the information policies, principles, standards, 
guidelines, rules and regulations prescribed by the Office of Management 
and Budget are appropriately implemented within the Department;
    (ii) Reviewing 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;
    (iii) Developing and implementing procedures for assessing the 
burden to the public and costs to the Department of information 
requirements contained in proposed legislation affecting Department 
programs; and
    (iv) Assisting the Office of Management and Budget in the 
performance of its functions assigned under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520), including review of Department 
information activities.
    (11) The Chief Information Officer is responsible for:
    (i) Providing Departmentwide guidance and direction in planning, 
developing, documenting, and managing applications software projects in 
accordance with Federal and Department information processing standards, 
procedures, and guidelines;
    (ii) Providing Departmentwide 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; and security. Monitoring 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;
    (iii) Managing the Department Computer Centers, with the exception 
of the National Finance Center, including setting rates to recover the 
cost of goods and services within approved policy and funding levels;
    (iv) Reviewing and evaluating 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;
    (v) Designing, developing, implementing, and revising systems, 
processes, work methods, and techniques to improve the management and 
operational effectiveness of information resources;
    (vi) Administering the Departmental records, forms, reports and 
Directives Management Programs;
    (vii) Managing all aspects of the USDA Telecommunications Program 
including planning, development, acquisition, and use of equipment and 
systems for voice and data communications, excluding the actual 
procurement of data transmission equipment, software, maintenance, and 
related supplies;
    (viii) Managing Departmental telecommunications contracts;
    (ix) Providing technical advice throughout the Department;

[[Page 184]]

    (x) Implementing a program for applying information resources 
management technology to improve productivity in the Department;
    (xi) Planning, developing, installing, and operating computer-based 
systems for message exchange, scheduling, computer conferencing, and 
other applications of office automation technology which can be commonly 
used by multiple Department agencies and offices;
    (xii) Representing the Department in contacts with the General 
Accounting Office, the General Services Administration, the Office of 
Management and Budget, the National Institute for Science and 
Technology, and other organizations or agencies on matters related to 
delegated responsibilities; and
    (xiii) Review, clear, and coordinate all statistical forms, survey 
plans, and reporting and record keeping requirements originating in the 
Department and requiring approval by the Office of Management and Budget 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
    (12) Implementing policies established pursuant to paragraphs (a)(1) 
through (11) of this section by:
    (i) Disposing of information technology that is acquired by a 
Department agency in violation of procedures or standards for the 
Department Information Systems Technology Architecture;
    (ii) 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;
    (iii) Approving the selection of agency Chief Information Officers 
and agency major information technology system project managers in 
accordance with criteria to be promulgated by the Chief Information 
Officer;
    (iv) Provide recommendations to Agency Heads for the removal or 
replacement of information technology project managers, when, in the 
opinion of the Chief Information Officer, applicable laws and policies 
are being violated, or, when the cost, schedule, or performance of an 
information technology project would indicate management deficiencies;
    (v) Withdrawing agencies' authority to obligate funds on Information 
Technology programs or projects if the agency violates the Chief 
Information Officer policies, standards, or Department Information 
Systems Technology Architecture;
    (vi) Requiring agencies to validate and verify major information 
technology systems through the use of an existing contract for such 
purpose designated by the Chief Information Officer; and
    (vii) Requiring approval by the Chief Information Officer 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.
    (13) Provide management and operational support to the Secretary of 
Agriculture; the general staff offices; the offices and agencies 
reporting to the Assistant Secretary for Administration and for any 
other offices or agencies of the Department as may be agreed. As used in 
this section, such support services shall include:
    (i) Information technology services, as listed in paragraph 
(a)(11)(v) of this section with authority to take actions required by 
law or regulation to perform such services; and
    (ii) Forms management, files management, and directives management 
with authority to take actions required by law or regulation to perform 
such services.
    (b) [Reserved]

[65 FR 77761, Dec. 13, 2000]

Subpart E  [Reserved]
