[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43366-43393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17465]



[[Page 43365]]

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Part V





Department of Agriculture





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7 CFR Part 2



Revision of Delegations of Authority; Final Rule

  Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules 
and Regulations  

[[Page 43366]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 0503-AA41


Revision of Delegations of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This document revises the delegations of authority from the 
Secretary of Agriculture and general officers of the Department of 
Agriculture (USDA) principally to reflect changes to the delegations 
required by the reorganization of Departmental Staff Offices, 
Departmental Administration, and the Assistant Secretary for Civil 
Rights under the newly named ``Departmental Management,'' led by the 
Assistant Secretary for Administration. Other additions, deletions, and 
changes are made as summarized below.

DATES: Effective Date: Effective July 23, 2010.

FOR FURTHER INFORMATION CONTACT: Roberta Jeanquart, Chief of Staff, 
Office of the Assistant Secretary for Administration, USDA 1400 
Independence Ave., SW., Stop 0103, Washington, DC 20250-0103 Phone 
(202) 720-3291 E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Departmental Management Reorganization

    Effective October 1, 2009, the Secretary of Agriculture 
(``Secretary'') implemented within USDA a reorganization of 
Departmental Staff Offices, Departmental Administration, and the 
Assistant Secretary for Civil Rights (``ASCR'') under the newly named 
``Departmental Management,'' led by the Assistant Secretary for 
Administration (``ASA''). For further information, see Secretary's 
Memorandum 1060-001, ``Reorganization of Departmental Staff Offices, 
Departmental Administration, and Assistant Secretary for Civil 
Rights,'' available at http://www.ocio.usda.gov/directives/doc/SM1060-001.pdf. This rulemaking amends USDA's delegations of authority at 7 
CFR part 2 principally to reflect this reorganization.
    Under the reorganized Departmental Management organization, the 
following officials within USDA report directly to the ASA: Assistant 
Secretary for Civil Rights (``ASCR''); Chief Information Officer 
(``CIO''); \1\ Chief Financial Officer (``CFO''); \2\ Director, Office 
of Human Resources Management (``OHRM''); Director, Office of Small and 
Disadvantaged Business Utilization (``OSDBU''); Director, Office of 
Procurement and Property Management (``OPPM''); Director, Office of 
Advocacy and Outreach (``OAO''); Director, Office of Homeland Security 
and Emergency Coordination (``OHSEC''); \3\ Director, Office of 
Operations (``OO''); Director, Office of the Executive Secretariat 
(``OES''); and Director, Management Services. The ASA continues to 
provide administrative supervision of the Office of Administrative Law 
Judges (``OALJ''). Pursuant to this new reporting structure, the 
Secretary has delegated to the ASA responsibilities in the following 
areas: civil rights; information technology and information resources; 
financial systems and budget formulation and execution; human resources 
management; small and disadvantaged business utilization; procurement 
and property management; advocacy and outreach; homeland security, 
personnel and document security, and emergency coordination; operations 
support; Secretarial correspondence; and shared management services. 
The ASA continues to provide administrative supervision of the OALJ and 
has delegated the authority to assign certain proceedings to the OALJ 
and maintain overall responsibility and control over the OALJ Hearing 
Clerk's activities. Delegations from the Secretary to the ASA are 
reflected in 7 CFR part 2, subpart C, Sec.  2.24.
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    \1\ The Chief Information Officer continues to report directly 
to the Secretary regarding certain information technology matters as 
required by the Clinger-Cohen Act of 1996, 44 U.S.C. 3506. See 7 CFR 
2.89(a)(1).
    \2\ The Chief Financial Officer continues to report directly to 
the Secretary regarding certain financial management matters as 
required by the Chief Financial Officers Act of 1990, 31 U.S.C. 902. 
See 7 CFR 2.90(a)(1).
    \3\ The Director, OHSEC, reports directly to the Secretary with 
respect to certain functions delegated by the Secretary to the 
Director, OHSEC, regarding management of the personnel security 
functions of USDA and the safeguarding of certain national security 
information. See 7 CFR 2.95.
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    Delegations by the ASA to other officials are reflected in 7 CFR 
part 2, subpart P, as follows:
     Civil rights, to the ASCR (Sec.  2.88).
     Information technology and information resources, to the 
CIO (Sec.  2.89).
     Financial systems and budget formulation and execution, to 
the CFO (Sec.  2.90).
     Human resources management, to the Director, OHRM (Sec.  
2.91).
     Small and disadvantaged business utilization, to the 
Director, OSDBU (Sec.  2.92).
     Procurement and property management, to the Director, OPPM 
(Sec.  2.93).
     Advocacy and outreach, to the Director, OAO (Sec.  2.94).
     Homeland security, personnel and document security, and 
emergency coordination, to the Director, OHSEC (Sec.  2.95).
     Operations support, to the Director, OO (Sec.  2.96).
     Secretarial correspondence, to the Director, OES (Sec.  
2.97).
     Shared management services, to the Director, Management 
Services (Sec.  2.98).
    Additionally, the ASA is delegating to the Deputy Assistant 
Secretaries of Administration the authority to perform the duties of 
the ASA during the absence or unavailability of the ASA (Sec.  2.87).
    This rulemaking reflects the establishment of two new organizations 
within Departmental Management. First, the Office of Advocacy and 
Outreach (``OAO'') has been established pursuant to section 226B of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), 
as added by section 14013 of the Food, Conservation, and Energy Act of 
2008, Public Law 110-246. The OAO was established to improve access to 
USDA programs and services by small farms and ranches, beginning 
farmers and ranchers, and socially disadvantaged farmers and ranchers. 
Delegations from the ASA to the Director, OAO are reflected in 7 CFR 
2.94 and include certain advocacy and outreach functions previously 
carried out by other elements within USDA.
    Second, Management Services has been established to service the 
human resources, information technology, budget, and procurement 
operational needs of the various offices that comprise Departmental 
Management. Delegations from the ASA to the Director, Management 
Services are reflected in 7 CFR 2.98.
    This rulemaking also reflects the renaming of the Office of 
Homeland Security as the Office of Homeland Security and Emergency 
Coordination (``OHSEC''). The OHSEC provides Departmental executive 
leadership in Government-wide initiatives pertaining to physical 
security, emergency programs, personnel and document security, 
continuity of operations/continuity of government, homeland security, 
and operations center support to USDA emergency response and program 
operations nationwide. Delegations from the ASA to the Director, OHSEC 
are reflected in 7 CFR 2.95 and include certain physical and document 
security, emergency preparedness, and radiation safety

[[Page 43367]]

functions previously carried out by other elements within USDA.
    This rulemaking also reflects the abolishment of the Office of 
Planning and Coordination (delegations formerly at 7 CFR 2.94). 
Additionally, delegations from the ASCR to the Director, Office of 
Civil Rights (formerly at 7 CFR 2.300) are removed because the ASCR is 
now within the Departmental Management organization under the ASA (see 
Sec.  2.88). A new delegation is added from the ASCR to the Deputy ASCR 
to perform the duties of the ASCR during his or her absence or 
unavailability (see Sec.  2.300).
    The rulemaking also reflects the reorganization of several 
functions within the Department. These include budget formulation and 
program analysis duties carried out by the Director, Office of Budget 
and Program Analysis (``OBPA''), which is now within the Office of the 
Chief Financial Officer (see Sec.  2.501). The ethics function of the 
Department (formerly at 7 CFR 2.95), for purposes of administrative 
supervision only, is now within the Office of Human Resources 
Management (see Sec.  2.91). Additionally, USDA special emphasis 
programs have moved from the ASCR to OHRM.
    To implement the changes described above, the following section in 
7 CFR part 2, subpart C (``Delegations of Authority to the Deputy 
Secretary, the Under Secretaries, and the Assistant Secretaries for 
Congressional Relations and Administration''), is being removed: Sec.  
2.25 (``Assistant Secretary for Civil Rights''). (Delegations of 
authority by the ASA to the ASCR are now reflected in 7 CFR part 2, 
subpart P, Sec.  2.88.)
    The following sections in 7 CFR part 2, subpart D (``Delegations of 
Authority to Other General Officers and Agency Heads''), are being 
removed: Sec.  2.26 (``Director, Office of the Executive 
Secretariat''); Sec.  2.28 (``Chief Financial Officer''); Sec.  2.30 
(``Director, Office of Budget and Program Analysis''); Sec.  2.32 
(``Director, Office of Homeland Security''); and Sec.  2.37 (``Chief 
Information Officer''). (Delegations from the ASA to the Director, OES, 
are now reflected in 7 CFR part 2, subpart P, Sec.  2.97; delegations 
from the ASA to the CFO are now reflected in 7 CFR part 2, subpart P, 
Sec.  2.90; delegations from the CFO to the Director, OBPA, are now 
reflected in 7 CFR part 2, subpart T, Sec.  2.501; delegations from the 
ASA to the Director, OHSEC, are now reflected in 7 CFR part 2, subpart 
P, Sec.  2.95; and delegations from the ASA to the CIO are now 
reflected in 7 CFR part 2, subpart P, Sec.  2.89.)
    Subpart M (``Delegations of Authority by the Chief Financial 
Officer'') and Sec.  2.75 (``Deputy Chief Financial Officer'') are 
being removed. (Delegations to the Deputy CFO are now reflected in a 
new subpart T, Sec.  2.500.)
    Subpart P (``Delegations of Authority by the Assistant Secretary 
for Administration'') is re-ordered to reflect the delegations to the 
officials within Departmental Management, as described above.
    Subpart Q (``Delegations of Authority by the Chief Information 
Officer'') and Sec.  2.200 (``Deputy Chief Information Officer'') are 
amended, respectively, to read ``Delegations of Authority by the 
General Counsel'' and ``Deputy General Counsel.'' (Delegations to the 
Deputy CIO are now reflected in a new subpart S, Sec.  2.400.)
    Subpart R (``Delegations of Authority by the Assistant Secretary 
for Civil Rights'') contains the new delegation from the ASCR to the 
Deputy ASCR to perform the duties of the ASCR during his or her absence 
or unavailability (see Sec.  2.300).
    Finally, to implement the reorganized Departmental Management 
organization, several conforming amendments are made to subpart C 
(Sec. Sec.  2.16, 2.17, 2.20, and 2.21), subpart D (Sec.  2.27), 
subpart F (Sec.  2.42), subpart G (Sec. Sec.  2.47, 2.48, and 2.49), 
subpart J (Sec.  2.61), and subpart K (Sec. Sec.  2.65 and 2.66).

Other Delegations

    This rulemaking also makes several other changes to 7 CFR part 2. 
The Secretarial order of succession in 7 CFR 2.5 is revised to reflect 
the current order of succession as established by Executive Order 
13542, ``Providing an Order of Succession Within the Department of 
Agriculture'' (75 FR 27921, May 18, 2010). Amendments are made to 
Sec. Sec.  2.4, 2.45, and 2.51 to correct obsolete or erroneous 
references. The delegations of authority from the Secretary to the 
Judicial Officer (Sec.  2.35) are updated to reflect the adjudicatory 
proceedings in which the Judicial Officer acts as the final deciding 
officer. Finally, a new delegation is added from the General Counsel to 
the Deputy General Counsel to perform the duties of the General Counsel 
during his or her absence or unavailability (Sec.  2.200).

Classification

    This rule relates to internal agency management. Accordingly, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. This rule also 
is exempt from the provisions of Executive Orders 12866 and 12988. This 
action is not a rule as defined by the Regulatory Flexibility Act, 
Public Law 96-354, and the Small Business Regulatory Fairness 
Enforcement Act, 5 U.S.C. 801 et seq., and thus is exempt from the 
provisions of those Acts. This rule contains no information collection 
or recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

0
Accordingly, Title 7 of the Code of Federal Regulations is amended as 
set forth below:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

0
1. The authority for part 2 continues to read as follows:

    Authority:  7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization 
Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024.

Subpart A--General

0
2. Revise Sec.  2.4 to read as follows:


Sec.  2.4  General officers.

    The work of the Department is under the supervision and control of 
the Secretary who is assisted by the following general officers: The 
Deputy Secretary, the Under Secretary for Farm and Foreign Agricultural 
Services; the Under Secretary for Rural Development; the Under 
Secretary for Food Safety; the Under Secretary for Food, Nutrition, and 
Consumer Services; the Under Secretary for Natural Resources and 
Environment; the Under Secretary for Research, Education, and 
Economics; the Under Secretary for Marketing and Regulatory Programs; 
the Assistant Secretary for Congressional Relations; the Assistant 
Secretary for Administration; the Assistant Secretary for Civil Rights; 
the General Counsel; the Inspector General; the Chief Financial 
Officer; the Chief Information Officer; the Judicial Officer; the 
Director, Office of Budget and Program Analysis; the Chief Economist; 
the Director, National Appeals Division; and the Director of 
Communications.

0
3. Revise Sec.  2.5 to read as follows:


Sec.  2.5  Order in which officers of the Department shall act as 
Secretary.

    (a) Pursuant to Executive Order 13542, ``Providing an Order of 
Succession Within the Department of Agriculture'' (75 FR 27921, May 18, 
2010), during any period in which both the Secretary and the Deputy 
Secretary have died, resigned, or are otherwise

[[Page 43368]]

unable to perform the functions and duties of the office of Secretary, 
the following officials designated in paragraphs (a)(1) through (a)(16) 
of this section shall act as Secretary, in the order in which they are 
listed, until such time as the Secretary or Deputy Secretary is able to 
perform the functions and duties of that office. Each official shall 
act only in the event of the death, resignation, or inability to 
perform the functions and duties of Secretary of the immediately 
preceding official:
    (1) Assistant Secretary of Agriculture for Administration.
    (2) Under Secretary of Agriculture for Marketing and Regulatory 
Programs.
    (3) Under Secretary of Agriculture for Food, Nutrition, and 
Consumer Services.
    (4) Under Secretary of Agriculture for Food Safety.
    (5) Under Secretary of Agriculture for Natural Resources and 
Environment.
    (6) Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services.
    (7) Under Secretary of Agriculture for Rural Development.
    (8) Under Secretary of Agriculture for Research, Education, and 
Economics.
    (9) General Counsel of the Department of Agriculture.
    (10) Chief of Staff, Office of the Secretary.
    (11) Director, Kansas City Commodity Office, Farm Service Agency.
    (12) State Executive Directors of the Farm Service Agency for the 
States of California, Iowa, and Kansas, in order of seniority fixed by 
length of unbroken service as State Executive Director of that State.
    (13) Regional Administrators of the Food and Nutrition Service for 
the Mountain Plains Regional Office (Denver, Colorado), Midwest 
Regional Office (Chicago, Illinois), and Western Regional Office (San 
Francisco, California), in order of seniority fixed by length of 
unbroken service as Regional Administrator of that Regional Office.
    (14) Chief Financial Officer of the Department of Agriculture.
    (15) Assistant Secretary of Agriculture for Civil Rights.
    (16) Assistant Secretary of Agriculture for Congressional 
Relations.
    (b) If any two or more individuals designated in paragraphs (a)(12) 
and (a)(13) of this section were sworn in to, or commenced service in, 
their respective offices on the same day, precedence shall be 
determined by the alphabetical order of the State in which the 
individual serves.
    (c) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section in an acting capacity shall, by 
virtue of so serving, act as Secretary pursuant to this section.
    (d) No individual who is serving in an office listed in paragraphs 
(a)(1) through (a)(16) of this section shall act as Secretary unless 
that individual is otherwise eligible to so serve under the Federal 
Vacancies Reform Act of 1998 (5 U.S.C. 3345, et seq.).
    (e) Notwithstanding the provisions of this section and Executive 
Order 13542, the President retains discretion, to the extent permitted 
by law, to depart from the order of succession in paragraph (a) of this 
section in designating an acting Secretary.

Subpart C--Delegations of Authority to the Deputy Secretary, the 
Under Secretaries, and Assistant Secretaries for Congressional 
Relations and Administration

0
4. The heading of subpart C is revised to read as set forth above.

0
5. Amend Sec.  2.16 by revising paragraph (a)(1)(xxxiii) to read as 
follows:


Sec.  2.16  Under Secretary for Farm and Foreign Agricultural Services.

    (a) * * *
    (1) * * *
    (xxxiii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
6. Amend Sec.  2.17 as follows:
0
a. Revise paragraphs (a)(20)(xi), (a)(21)(xxv), and (a)(22)(viii); and
0
b. Remove and reserve paragraph (a)(22)(iii), to read as follows:


Sec.  2.17  Under Secretary for Rural Development.

    (a) * * *
    (20) * * *
    (xi) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (21) * * *
    (xxv) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
    (22) * * *
    (iii) [Reserved]
* * * * *
    (viii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
7. Amend Sec.  2.20 by revising paragraph (a)(3)(xxii) to read as 
follows:


Sec.  2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (3) * * *
    (xxii) In coordination with the Assistant Secretary for 
Administration, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
8. Amend Sec.  2.21 by removing and reserving paragraphs (a)(1)(xxxi) 
and (a)(1)(xcv) to read as follows:


Sec.  2.21  Under Secretary for Research, Education, and Economics.

    (a) * * *
    (1) * * *
    (xxxi) [Reserved]
* * * * *
    (xcv) [Reserved]
* * * * *

0
9. Revise Sec.  2.24 to read as follows:


Sec.  2.24  Assistant Secretary for Administration.

    (a) The following delegations of authority are made by the 
Secretary of Agriculture to the Assistant Secretary for Administration:
    (1) Related to civil rights.
    (i) Provide overall leadership, coordination, and direction for the 
Department's programs of civil rights, including program delivery, 
compliance, and equal employment opportunity, with emphasis on the 
following:
    (A) Actions to enforce Title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d, prohibiting discrimination in federally assisted 
programs.
    (B) Actions to enforce Title VII of the Civil Rights Act of 1964, 
as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal 
employment.
    (C) Actions to enforce Title IX of the Education Amendments of 
1972, 20 U.S.C. 1681, et seq., prohibiting discrimination on the basis 
of sex in USDA education programs and activities funded by the 
Department.
    (D) Actions to enforce the Age Discrimination Act of 1975, 42 
U.S.C. 6102, prohibiting discrimination on the basis of age in USDA 
programs and activities funded by the Department.
    (E) Actions to enforce section 504 of the Rehabilitation Act of 
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against 
individuals with

[[Page 43369]]

disabilities in USDA programs and activities funded or conducted by the 
Department.
    (F) Actions to enforce related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (ii) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (iii) Analyze and evaluate program participation data and equal 
employment opportunity data.
    (iv) Provide leadership and coordinate Departmentwide programs of 
public notification regarding the availability of USDA programs on a 
nondiscriminatory basis.
    (v) Coordinate with the Department of Justice on matters relating 
to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and 
section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 
794), except those matters in litigation, including administrative 
enforcement actions, which shall be coordinated by the Office of the 
General Counsel.
    (vi) Coordinate with the Department of Health and Human Services on 
matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, 
except those matters in litigation, including administrative 
enforcement actions, which shall be coordinated by the Office of the 
General Counsel.
    (vii) Order proceedings and hearings in the Department pursuant to 
Sec. Sec.  15.9(e) and 15.86 of this title which concern consolidated 
or joint hearings within the Department or with other Federal 
departments and agencies.
    (viii) Order proceedings and hearings in the Department pursuant to 
Sec.  15.8 of this title after the program agency has advised the 
applicant or recipient of his or her failure to comply and has 
determined that compliance cannot be secured by voluntary means.
    (ix) Issue orders to give a notice of hearing or the opportunity to 
request a hearing pursuant to part 15 of this title; arrange for the 
designation of an Administrative Law Judge to preside over any such 
hearing; and determine whether the Administrative Law Judge so 
designated will make an initial decision or certify the record to the 
Secretary of Agriculture with his or her recommended findings and 
proposed action.
    (x) Authorize the taking of action pursuant to Sec.  15.8(a) of 
this title relating to compliance by ``other means authorized by law.''
    (xi) Make determinations required by Sec.  15.8(d) of this title 
that compliance cannot be secured by voluntary means, and then take 
action, as appropriate.
    (xii) Make determinations that program complaint investigations 
performed under Sec.  15.6 of this title establish a proper basis for 
findings of discrimination, and that actions taken to correct such 
findings are adequate.
    (xiii) Investigate (or make determinations that program complaint 
investigations establish a proper basis for final determinations), make 
final determinations on both the merits and required corrective action, 
and, where applicable, make recommendations to the Secretary that 
relief be granted under 7 U.S.C. 6998(d) notwithstanding the finality 
of National Appeals Division decisions, as to complaints filed under 
parts 15a, 15b, and 15d of this title.
    (xiv) Conduct civil rights investigations and compliance reviews 
Departmentwide.
    (xv) Develop regulations, plans, and procedures necessary to carry 
out the Department's civil rights programs, including the development, 
implementation, and coordination of Action Plans.
    (xvi) Related to Equal Employment Opportunity (EEO). Designate the 
Department's Director of Equal Employment Opportunity with authority:
    (A) To perform the functions and responsibilities of that position 
under 29 CFR part 1614, including the authority:
    (1) To make changes in programs and procedures designed to 
eliminate discriminatory practices and improve the Department's EEO 
program.
    (2) To provide EEO services for managers and employees.
    (3) To make final agency decisions on EEO complaints by Department 
employees or applicants for employment and order such corrective 
measures in such complaints as may be considered necessary, including 
the recommendation for such disciplinary action as is warranted when an 
employee has been found to have engaged in a discriminatory practice.
    (B) Administer the Department's EEO program.
    (C) Oversee and manage the EEO counseling function for the 
Department.
    (D) Process formal EEO complaints by employees or applicants for 
employment.
    (E) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
for Administration (or a person in the immediate office of the 
Assistant Secretary for Administration) or the Assistant Secretary for 
Civil Rights (or a person directly supervised by the Assistant 
Secretary for Civil Rights) has participated in the events that gave 
rise to the matter.
    (F) Order such corrective measures in EEO complaints as may be 
considered necessary, including the recommendation for such 
disciplinary action as is warranted when an employee has been found to 
have engaged in a discriminatory practice.
    (G) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (H) Conduct EEO evaluations and develop policy regarding EEO 
programs.
    (I) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (xvii) Administer the discrimination appeals and complaints program 
for the Department, including all formal individual or group appeals, 
where the system provides for an avenue of redress to the Department 
level, Equal Employment Opportunity Commission, or other outside 
authority.
    (xviii) Make final determinations, or enter into settlement 
agreements, on discrimination complaints in federally conducted 
programs subject to the Equal Credit Opportunity Act. This delegation 
includes the authority to make compensatory damage awards whether 
pursuant to a final determination or in a settlement agreement under 
the authority of the Equal Credit Opportunity Act and the authority to 
obligate agency funds, including Commodity Credit Corporation and 
Federal Crop Insurance Corporation funds to satisfy such an award.
    (xix) Make final determinations in proceedings under part 15f of 
this title where review of an administrative law judge decision is 
undertaken.
    (xx) Provide civil rights and equal employment opportunity support 
services, with authority to take actions required by law or regulation 
to perform such services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraph (a)(1) to general officers of the Department and heads of 
Departmental agencies.
    (2) Related to information technology and information resources.

[[Page 43370]]

    (i) [Reserved]
    (ii) Oversee 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.
    (iii) Provide 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).
    (iv) Develop, implement, and maintain a sound and integrated 
Department-wide information technology architecture.
    (v) Promote 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.
    (vi) Approve the acquisition or procurement of information 
technology resources by, or on behalf of, any Department agency or 
office.
    (vii) Collaborate with Department procurement personnel with 
respect to information technology acquisition strategy and policy.
    (viii) Designate 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 
Office of Management and Budget (OMB) Circular No. A-109, Major Systems 
Acquisitions, for information technology. This includes the authority 
to:
    (A) Ensure that OMB Circular No. A-109 is effectively implemented 
for information technology systems in the Department and that the 
management objectives of the Circular are realized.
    (B) Review the program management of each major information 
technology system acquisition.
    (C) Approve the appointment of the program manager for each major 
information technology systems acquisition.
    (D) Designate any Departmental information technology acquisition 
as a major system acquisition under OMB Circular No. A-109.
    (ix) On an annual basis:
    (A) Assess Department-wide 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.
    (B) Develop strategies and specific plans for hiring, training, and 
professional development at the executive and management level to meet 
personnel information technology personnel requirements.
    (C) Report to the Secretary on progress made in improving 
information resources management capability.
    (x) Designate 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:
    (A) Ensure that the information policies, principles, standards, 
guidelines, rules and regulations prescribed by OMB are appropriately 
implemented within the Department.
    (B) Review 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.
    (C) Develop and implement procedures for assessing the burden to 
the public and costs to the Department of information requirements 
contained in proposed legislation affecting Department programs.
    (D) Assist OMB in the performance of its functions assigned under 
the E-Government Act of 2002 (Pub. L. 107-347), including review of 
Department and Agency activities for compliance.
    (E) Assist OMB in the performance of its functions assigned under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), including 
review of Department and Agency activities for compliance.
    (xi) The Assistant Secretary for Administration is also responsible 
for the following:
    (A) Provide Department-wide guidance and direction in planning, 
developing, documenting, and managing applications software projects in 
accordance with Federal and Department information processing 
standards, procedures, and guidelines.
    (B) Provide Department-wide 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; information technology investment governance; 
cybersecurity; and privacy. Monitor 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.
    (C) Manage the Enterprise Data Centers, including setting rates to 
recover the cost of goods and services within approved policy and 
funding levels; and oversee the delivery of Enterprise Data Center 
goods and services, with authority to take actions required by law or 
regulation to perform such services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other offices or agencies of the Department as may be 
agreed.
    (D) Manage a comprehensive set of end user office automation 
services, including setting rates to recover the cost of goods and 
services within approved policy and funding levels; and oversee the 
delivery of goods and services associated with end user office 
automation services, with authority to take actions required by law or 
regulation to perform such services for any offices or agencies of the 
Department as may be agreed (except for the Office of the Secretary, 
the general officers of the Department, and the agencies and offices 
reporting to the Assistant Secretary for Administration, as specified 
in Sec.  2.24(a)(11)(i)).
    (E) Manage the Agricultural Security Operations Center to enable 
the Department to effectively monitor, detect, analyze, protect, 
report, and respond against known cyber vulnerabilities, attacks, and 
exploitations.
    (F) Manage the Department's Certification and Accreditation process 
to ensure the Department and agencies have successfully conducted 
periodic risk assessments of its systems; grant the authority to 
operate for systems that have successfully completed the Certification 
and Accreditation process; and rescind or suspend the authority to 
operate for systems subject to repeated and/or significant security 
issues.
    (G) Ensure that OMB Circular No. A-16, Coordination of Geographic 
Information and Related Spatial Data Activities, is effectively 
implemented in the Department and that the management objectives of the 
Circular

[[Page 43371]]

are realized; and provide Department-wide guidance and direction in 
governing, developing, implementing, and maintaining a sound and 
integrated geospatial architecture.
    (H) Review and evaluate 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.
    (I) Design, develop, implement, and revise systems, processes, work 
methods, and techniques to improve the management and operational 
effectiveness of information resources.
    (J) Administer the Departmental records, forms, reports and 
Directives Management Programs.
    (K) Manage all aspects of the USDA Telecommunications Program 
including planning, development, acquisition, and use of equipment and 
systems for voice, data, and communications, excluding the actual 
procurement of data transmission equipment, software, maintenance, and 
related supplies.
    (L) Manage Departmental telecommunications contracts.
    (M) Provide technical advice throughout the Department.
    (N) Implement a program for applying information resources 
management technology to improve productivity in the Department.
    (O) Plan, develop, install, and operate computer-based systems for 
message exchange, scheduling, computer conferencing, televideo 
technologies, and other applications of office automation technology 
which can be commonly used by multiple Department agencies and offices.
    (P) Represent the Department in contacts with the Government 
Accountability Office, the General Services Administration, OMB, the 
National Institute of Standards and Technology, and other organizations 
or agencies on matters related to delegated responsibilities.
    (xii) Implement policies established pursuant to paragraphs 
(a)(2)(ii) through (a)(2)(xi) of this section by:
    (A) Disposing of information technology that is acquired by a 
Department agency in violation of procedures or standards for the 
Department Information Systems Technology Architecture.
    (B) 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.
    (C) Approving the selection of agency Chief Information Officers 
and agency major information technology system project managers in 
accordance with OMB policies.
    (D) Providing recommendations to Agency Heads for the removal or 
replacement of information technology project managers, when, in the 
opinion of the Assistant Secretary for Administration, applicable laws 
and policies are being violated, or, when the cost, schedule, or 
performance of an information technology project would indicate 
management deficiencies.
    (E) Withdrawing agencies' authority to obligate funds on 
Information Technology programs or projects if the agency violates the 
Assistant Secretary for Administration policies, standards, or 
Department Information Systems Technology Architecture.
    (F) Requiring agencies to validate and verify major information 
technology systems through the use of an existing contract for such 
purpose designated by the Assistant Secretary for Administration.
    (G) Requiring approval by the Assistant Secretary for 
Administration 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.
    (H) Providing guidance to USDA regarding implementation of Section 
508 of the Rehabilitation Act, as well as on-going consultative 
assistance regarding information technology accessibility, and 
reviewing progress made toward achieving information technology 
accessibility for USDA employees and individuals with disabilities.
    (xiii) Related to the Privacy Act. Appoint a Department Privacy Act 
Officer; oversee general officers and agency heads in the development 
and implementation of policies issued pursuant to the provisions of the 
Privacy Act, 5 U.S.C. 552a; and provide consultation and guidance 
regarding those policies.
    (xiv) Related to the Freedom of Information Act. Designate the 
Chief Freedom of Information Act Officer for the Department; oversee 
general officers and agency heads in efficient and appropriate 
compliance with the provisions of the Freedom of Information Act (5 
U.S.C. 552); monitor implementation of 5 U.S.C. 552 throughout the 
agency and keep the Secretary, the General Counsel, and the Attorney 
General informed regarding agency performance in its implementation; 
recommend to the Secretary necessary adjustments to agency practices, 
policies, personnel, and funding to improve implementation of 5 U.S.C. 
552; review and report to the Attorney General, through the Secretary, 
as the Attorney General may direct; and facilitate public understanding 
of the purposes of the statutory exemptions contained in 5 U.S.C. 552.
    (3) Related to financial systems and budget formulation and 
execution.
    (i) [Reserved]
    (ii) Oversee all financial management activities relating to the 
programs and operations of the Department and component agencies.
    (iii) Develop and maintain an integrated accounting and financial 
system for the Department and component agencies, including financial 
reporting and internal controls, which--
    (A) Complies with applicable accounting principles, standards, and 
requirements, and internal control standards;
    (B) Complies with such policies and requirements as may be 
prescribed by the Director of the Office of Management and Budget 
(OMB);
    (C) Complies with any other requirements applicable to such 
systems; and
    (D) 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.
    (iv) Make 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.
    (v) Direct, manage, and provide policy guidance and oversight of 
Department financial management personnel, activities, and operations, 
including:
    (A) Prepare and annually revise a Departmental plan to--
    (1) Implement the 5-year financial management plan prepared by the 
Director of OMB under 31 U.S.C. 3512(a)(3).
    (2) 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).
    (B) Develop Departmental financial management budgets, including 
the oversight and recommendation of

[[Page 43372]]

approval of component agency financial management budgets.
    (C) Recruit, select, and train personnel to carry out Departmental 
financial management functions.
    (D) Approve and manage Departmental, and approve component agency, 
financial management systems design or enhancement projects.
    (E) Implement and approve Departmental, and approve component 
agency, asset management systems, including systems for cash 
management, credit management, debt collection, and property and 
inventory management and control.
    (vi) Prepare and transmit, 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 OMB, which shall include:
    (A) A description and analysis of the status of financial 
management of the Department.
    (B) The annual financial statements prepared under 31 U.S.C. 3521.
    (C) The audit report transmitted to the Secretary under 31 U.S.C. 
3521.
    (D) 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).
    (E) Other information the Secretary considers appropriate to inform 
fully the President and the Congress concerning the financial 
management of the Department.
    (vii) Monitor the financial execution of the budget of the 
Department in relation to projected and actual expenditures, and 
prepare and submit to the Secretary timely performance reports.
    (viii) Review, on a biennial basis, the fees, royalties, rent, and 
other charges imposed by the Department for services and things of 
value it produces, and make recommendations on revising those charges 
to reflect costs incurred by the Department in providing those services 
and things of value.
    (ix) Access 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.
    (x) Request such information or assistance as may be necessary for 
carrying out the duties and responsibilities granted by the Chief 
Financial Officers Act of 1990 (Pub. L. 101-576), from any Federal, 
State, or local governmental entity.
    (xi) To the extent and in such amounts as may be provided in 
advance by appropriations acts, enter into contracts and other 
arrangements with public agencies and with private persons for the 
preparation of financial statements, studies, analyses, and other 
services, and make such payments as may be necessary to carry out the 
duties and prerogatives of the Chief Financial Officer.
    (xii) Designate the Department's Comptroller of the Department 
Working Capital Fund.
    (xiii) Establish Departmental policies, standards, techniques, and 
procedures applicable to all USDA agencies for the following areas:
    (A) 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 payment management and property systems.
    (B) Selection, standardization, and simplification of program 
delivery processes utilizing grants, cooperative agreements and other 
forms of Federal assistance.
    (C) Review and approval of Federal assistance, internal control, 
fiscal, accounting and financial management regulations and 
instructions proposed or issued by USDA agencies for conformity with 
Departmental requirements.
    (D) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 862) 
as it relates to grants, loans, and licenses.
    (xiv) Establish policies related to the Department Working Capital 
Fund.
    (xv) 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.
    (xvi) Exercise responsibility and authority for operating USDA's 
financial and subsidiary management systems and related administrative 
systems including: Departmentwide payroll and personnel information 
systems, statistics, administrative payments, billings and collections, 
and related reporting systems that are either requested by the agencies 
or required by the Department.
    (xvii) Manage the National Finance Center (NFC).
    (xviii) 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:
    (A) Personnel services, as listed in Sec.  2.24(a)(4)(x), and 
organizational support services, with authority to take actions 
required by law or regulation to perform such services.
    (B) 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.
    (xix) Exercise responsibility and authority for all matters related 
to the Department's accounting and financial operations including such 
activities as:
    (A) Financial administration, including accounting and related 
activities.
    (B) Reviewing financial aspects of agency operations and proposals.
    (C) 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 (a)(3)(xiii) of this section.
    (D) Reviewing and monitoring agency implementation of Federal 
assistance policies.
    (E) Reviewing and approving agencies' accounting systems 
documentation including related development plans, activities, and 
controls.
    (F) Monitoring agencies' progress in developing and revising 
accounting and financial management systems and internal controls.
    (G) Evaluating agencies' financial systems to determine the 
effectiveness of procedures employed, compliance with regulations, and 
the appropriateness of policies and practices.
    (H) 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.
    (I) Monitoring USDA implementation of section 5301 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 862) as it relates to grants, loans, and 
licenses.
    (xx) Establish Department and approving component agency programs, 
policies, standards, systems, techniques and procedures to improve the 
management and operational efficiency

[[Page 43373]]

and effectiveness of the USDA including:
    (A) Increased use of operations research and management science in 
the areas of productivity and management.
    (B) All activities financed through the Department Working Capital 
Fund.
    (xxi) 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.
    (xxii) Represent the Department in contacts with OMB, General 
Services Administration, GAO, 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.
    (xxiii) Establish policies related to travel by USDA employees.
    (xxiv) Exercise responsibility for coordinating and overseeing the 
implementation of the Government Performance and Results Act of 1993, 
Public Law 103-62, at the Department.
    (xxv) 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:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices and agencies of the Department as may be 
agreed.
    (xxvi) Develop, promulgate, and coordinate Department-wide policy 
concerning nonprocurement debarment and suspension.
    (xxvii) Prepare and submit to Congress reports on conferences 
sponsored or held by the Department or attended by employees of the 
Department (7 U.S.C. 2255b).
    (xxviii) Related to budget formulation and program analysis.
    (A) Designate the Department's Budget Officer and exercise general 
responsibility and authority for all matters related to the 
Department's budgeting affairs including:
    (1) Resource administration, including all phases of the 
acquisition, and distribution of funds and staff years.
    (2) Legislative and regulatory reporting and related activities.
    (B) Provide staff assistance for the Secretary, general officers, 
and other Department and agency officials.
    (C) Formulate and promulgate Departmental budgetary, legislative 
and regulatory policies and procedures.
    (D) Represent the Department in contacts with OMB, the GAO, the 
Department of the Treasury, Congressional Committees on Appropriations, 
and other organizations and agencies on matters related to his or her 
responsibility.
    (E) 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.
    (F) Review and analyze legislation, regulations, and policy options 
to determine their impact on USDA programs and policy objectives and on 
the Department's budget.
    (G) Monitor ongoing studies with significant program or policy 
implications.
    (4) Related to human resources management.
    (i) Formulate and issue Department policy, standards, rules, and 
regulations relating to human resources management.
    (ii) Provide human resources management procedural guidance and 
operational instructions.
    (iii) Set standards for human resources data systems.
    (iv) Inspect and evaluate human resources management operations and 
issue instructions or take direct action to insure conformity with 
appropriate laws, Executive Orders, Office of Personnel Management 
(OPM) rules and regulations, and other appropriate rules and 
regulations.
    (v) Exercise final authority in all human resources matters, 
including individual cases, that involve the jurisdiction of more than 
one General Officer or agency head, or otherwise as deemed appropriate.
    (vi) Receive, review, and recommend action on all requests for the 
Secretary's approval in human resources matters.
    (vii) Authorize and make final decisions on adverse actions, except 
in those cases where the Assistant Secretary for Administration has 
participated.
    (viii) Represent the Department in human resources matters in all 
contacts outside the Department.
    (ix) Exercise specific authorities in the following operational 
matters:
    (A) Waive repayment of training expenses where an employee fails to 
fulfill service agreement.
    (B) Establish or change standards and plans for awards to private 
citizens.
    (C) Execute, change, extend, or renew:
    (1) Labor-Management Agreements.
    (2) Certifications of supervisory/managerial and non-labor union 
employee and professional organizations or associations.
    (D) Represent the Department in contacts with the national offices 
of labor organizations in fulfilling the Department's national 
consultation obligations under 5 U.S.C. 7113.
    (E) Change a position (with no material change in duties) from one 
pay system to another.
    (F) Grant restoration rights, and release employees with 
administrative reemployment rights.
    (G) Authorize any mass dismissals of employees in the Washington, 
DC, metropolitan area.
    (H) Approve ``normal line of promotion'' cases in the excepted 
service where not in accordance with time-in-grade criteria.
    (I) Make the final decision on all classification appeals filed 
with the Department of Agriculture.
    (J) Authorize all employment actions (except nondisciplinary 
separations and LWOP) and classification actions for senior level and 
equivalent positions including Senior Executive Service positions and 
special authority professional and scientific positions responsible for 
carrying out research and development functions.
    (K) Authorize all employment actions (except LWOP) for the 
following positions:
    (1) Schedule C.
    (2) Non-career Senior Executive Service or equivalent.
    (3) Administrative Law Judge.
    (L) Authorize and make final decisions on adverse actions for 
positions in GS-1--15 or equivalent.
    (M) Authorize and make final decisions on adverse actions for 
positions in the career Senior Executive Service or equivalent.
    (N) Approve the details of Department employees to the White House.
    (O) Authorize adverse actions based in whole or in part on an 
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for 
employees in the excepted service.
    (P) Authorize long-term training in programs which require 
Departmentwide competition.
    (Q) Initiate and take adverse action in cases involving a violation 
of the merit system.
    (R) Any other human resources operational matter.

[[Page 43374]]

    (x) As used in this section, the term human resources includes:
    (A) Position management.
    (B) Position classification.
    (C) Employment.
    (D) Pay administration.
    (E) Automation of human resources data and systems.
    (F) Hours of duty.
    (G) Performance management.
    (H) Promotions.
    (I) Employee development.
    (J) Incentive Programs.
    (K) Leave.
    (L) Retirement.
    (M) Human resources program management accountability and 
evaluation.
    (N) Social security.
    (O) Life insurance.
    (P) Health benefits.
    (Q) Unemployment compensation.
    (R) Labor management relations.
    (S) Intramanagement consultation.
    (T) [Reserved]
    (U) Discipline.
    (V) Appeals.
    (W) Drug Testing Program.
    (X) Worklife Program.
    (Y) Transit Subsidy Program.
    (Z) Alternative Dispute Resolution.
    (xi) Maintain, review, and update Departmental delegations of 
authority.
    (xii) Authorize organizational changes.
    (xiii) Formulate and promulgate departmental organizational 
objectives and policies.
    (xiv) Approve coverage and waiver of individual law enforcement and 
firefighter positions under the special retirement provisions of the 
Civil Service Retirement System and the Federal Employees Retirement 
System.
    (xv) Provide for diversity and inclusion, as follows:
    (A) Establish, direct, and provide policy and oversight for a 
Departmentwide Special Emphasis Program (SEP) including: Women, African 
Americans, Hispanics, Asian/Pacific Islanders, Native Americans, 
Disabled, and Gay/Lesbian/Bisexual/Transgender.
    (B) Provide oversight and support for Departmental SEP recognition 
programs.
    (C) Direct and oversee the Department-wide SEPM Council.
    (D) Administer Federal Equal Opportunity Recruitment Program.
    (xvi) Oversee and manage the Department's administrative grievance 
program.
    (xvii) Make final decisions in those cases where an agency head has 
appealed the recommended decision of a grievance examiner.
    (xviii) Administer the administrative appeals process related to 
the inclusion of positions in the testing designated position listing 
in the Department's Drug-Free Workplace Program and designate the final 
appeal officer for that Program.
    (xix) Formulate and issue Department policy, standards, rules, and 
regulations relating to the Senior Scientific Research Service (7 
U.S.C. 7657).
    (xx) Related to conflict management.
    (A) Designate the senior official to serve as the Department 
Dispute Resolution Specialist under the Administrative Dispute 
Resolution Act of 1996, 5 U.S.C. 571, et seq., and provide leadership, 
direction and coordination for the Department's conflict prevention and 
resolution activities.
    (B) Issue Departmental regulations, policies, and procedures 
relating to the use of Alternative Dispute Resolution (ADR) to resolve 
employment complaints and grievances, workplace disputes, Departmental 
program disputes, and contract and procurement disputes.
    (C) Provide ADR services for:
    (1) The Secretary of Agriculture.
    (2) The general officers of the Department.
    (3) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (4) Any other office or agency of the Department as may be agreed.
    (D) Develop and issue standards for mediators and other ADR 
neutrals utilized by the Department.
    (E) Coordinate ADR activities throughout the Department.
    (F) Monitor agency ADR programs and report at least annually to the 
Secretary on the Department's ADR activities.
    (xxi) Redelegate, as appropriate, any authority delegated under 
paragraphs (a)(4)(i) through (a)(4)(xx) to general officers of the 
Department and heads of Departmental agencies.
    (xxii) Related to ethics. Provide administrative supervision for 
the Office of Ethics.
    (5) Related to small and disadvantaged business utilization.
    (i) In compliance with Public Law 95-507, the Assistant Secretary 
for Administration is designated as the Department's Director for Small 
and Disadvantaged Business Utilization. The Director of Small and 
Disadvantaged Business Utilization has specific responsibilities under 
the Small Business Act, 15 U.S.C. 644(k). These duties include being 
responsible for the following:
    (A) Administer the Department's small and disadvantaged business 
activities related to procurement contracts, minority bank deposits, 
and grants and loan activities affecting small and minority businesses 
including women-owned business, and the small business, small minority 
business and small women-owned business subcontracting programs.
    (B) Provide Departmentwide liaison and coordination of activities 
related to small, small disadvantaged, and women-owned businesses with 
the Small Business Administration and others in public and private 
sector.
    (C) Develop policies and procedures required by the applicable 
provision of the Small Business Act, as amended, to include the 
establishment of goals.
    (D) Implement and administer programs described under sections 8 
and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
    (E) In compliance with the Veterans Benefits Act of 2003 (Pub. L. 
108-183) amending the Small Business Act, implement and administer 
procurement programs for small business concerns owned and controlled 
by service-disabled veterans.
    (ii) In compliance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 
et seq.), implement and administer the Department's AbilityOne program 
for purchases from qualified nonprofit agencies for the blind or for 
the severely disabled.
    (6) Related to procurement and property management.
    (i) Exercise full Departmentwide contracting and procurement 
authority.
    (ii) Promulgate policies, standards, techniques, and procedures, 
and represent the Department, in the following:
    (A) Acquisition, including, but not limited to, the procurement of 
supplies, services, equipment, and construction.
    (B) Socioeconomic programs relating to contracting.
    (C) Selection, standardization, and simplification of program 
delivery processes utilizing contracts.
    (D) Acquisition, leasing, utilization, value analysis, 
construction, maintenance, and disposition of real and personal 
property, including control of space assignments.
    (E) Motor vehicle and aircraft fleet and other vehicular 
transportation.
    (F) Transportation of things (traffic management).
    (G) Prevention, control, and abatement of pollution with respect to 
Federal facilities and activities under the control of the Department 
(Executive Order 12088, ``Federal Compliance With Pollution Control 
Standards,'' 3 CFR, 1978 Comp., p. 243).
    (H) Implementation of the Uniform Relocation Assistance and Real 
Property

[[Page 43375]]

Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
    (I) Development and implementation of sustainable operations 
actions including establishing and achieving greenhouse gas emission 
reduction goals, reducing energy intensity, increasing renewable energy 
use, increasing water efficiency, reducing petroleum use and increasing 
alternative fuel use, increasing recycling and waste diversion, 
preventing pollution, reducing use of toxic chemicals, procuring 
sustainable products and services, achieving sustainable principles for 
new and existing buildings, promoting electronic stewardship, and 
continuing environmental management system use. Maintain liaison with 
the Office of the Federal Environmental Executive, the Council on 
Environmental Quality, the Office of Management and Budget (OMB), the 
Department of Energy, and other Government agencies in these matters.
    (J) Implementation of a program for the Federal procurement of 
biobased products and of a voluntary ``USDA Certified Biobased 
Product'' labeling program (7 U.S.C. 8102).
    (K) Entering into cooperative agreements to further research 
programs in the food and agricultural sciences, related to establishing 
and implementing Federal biobased procurement and voluntary biobased 
labeling programs (7 U.S.C. 3318).
    (L) Implementation of the policies and procedures set forth in OMB 
Circular No. A-76, Performance of Commercial Activities.
    (iii) Exercise the following special authorities:
    (A) Designate the Departmental Debarring Officer to perform the 
functions of 48 CFR part 9, subpart 9.4 related to procurement 
activities, except for commodity acquisitions on behalf of the 
Commodity Credit Corporation (7 CFR part 1407); with authority to 
redelegate suspension and debarment authority for contracts awarded 
under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 
7 U.S.C. 612c).
    (B) Conduct liaison with the Office of the Federal Register (1 CFR 
part 16) including the making of required certifications pursuant to 1 
CFR part 18.
    (C) Maintain custody and permit appropriate use of the official 
seal of the Department.
    (D) Establish policy for the use of the official flags of the 
Secretary and the Department.
    (E) Coordinate collection and disposition of personal property of 
historical significance.
    (F) Make information returns to the Internal Revenue Service as 
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other 
Treasury regulations, guidelines or procedures as may be issued by the 
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This 
includes making such verifications or certifications as may be required 
by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-
1(d)(5)(1).
    (G) Promulgate regulations for the management of contracting and 
procurement for information technology and telecommunication equipment, 
software, services, maintenance and related supplies.
    (H) Represent the Department in working with the Government 
Accountability Office (GAO), the General Services Administration, OMB, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (iv) Serve as the Acquisition Executive in the Department to 
integrate and unify the management process for the Department's major 
system acquisitions and to monitor implementation of the policies and 
practices set forth in OMB Circular No. A-109, Major Systems 
Acquisitions. This includes the authority to:
    (A) Ensure that OMB Circular No. A-109 is effectively implemented 
in the Department and that the management objectives of the Circular 
are realized.
    (B) Review the program management of each major system acquisition.
    (C) Designate the program manager for each major systems 
acquisition.
    (D) Designate any Departmental acquisition as a major system 
acquisition under OMB Circular No. A-109.
    (v) Pursuant to Executive Order 12931, ``Federal Procurement 
Reform,'' 3 CFR, 1994 Comp., p. 925, and sections 16, 22, and 37 of the 
Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 414, 
418b, and 433, designate the Senior Procurement Executive for the 
Department and delegate responsibility for the following:
    (A) Prescribing and publishing Departmental acquisition policies, 
advisories, regulations, and procedures.
    (B) Taking any necessary actions consistent with policies, 
regulations, and procedures with respect to purchases, contracts, 
leases, agreements, and other transactions.
    (C) Designating contracting officers.
    (D) Establishing clear lines and limitations of contracting 
authority through written delegations of authority.
    (E) Approving any Departmental and component agency procurement 
systems and processes.
    (F) Managing and enhancing career development of the Department's 
acquisition workforce.
    (G) Participating in the development of Governmentwide procurement 
policies, regulations, and standards, and determining specific areas 
where Governmentwide performance standards should be established and 
applied.
    (H) Developing unique Departmental standards as required.
    (I) Overseeing the development of procurement goals, guidelines, 
and innovation.
    (J) Measuring and evaluating procurement office performance against 
stated goals.
    (K) Advising the Secretary whether goals are being achieved.
    (L) Prescribing standards for agency Procurement Executives.
    (M) Redelegating, suspending, or revoking, as appropriate, the 
authority in paragraph (a)(6)(v)(A) of this section to agency 
Procurement Executives or other qualified agency officials with no 
power of further redelegation.
    (N) Redelegating, suspending, or revoking, as appropriate, the 
authorities in paragraphs (a)(6)(v)(B), (C), (D), (F), and (G) of this 
section to agency Procurement Executives or other qualified agency 
officials with the power of further redelegation.
    (vi) Represent the Department in establishing standards for 
acquisition transactions within the electronic data interchange 
environment.
    (vii) Designate the Departmental Task Order Ombudsman pursuant to 
41 U.S.C. 253j.
    (viii) Designate the Departmental Remedy Coordination Official 
pursuant to 41 U.S.C. 255 to determine whether payment to any 
contractor should be reduced or suspended based on substantial evidence 
that the request of the contractor for advance, partial, or progress 
payment is based on fraud.
    (ix) Review and approve exemptions for USDA contracts, 
subcontracts, grants, agreements, and loans from the requirements of 
the Clean Air Act, as amended (42 U.S.C. 7401, et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), and 
Executive Order 11738, ``Providing for Administration of the Clean Air 
Act and the Federal Water Pollution Control Act With Respect to Federal 
Contracts, Grants, or Loans,'' 3 CFR, 1971-1975 Comp., p. 799, when he 
or she determines that the paramount interest of the United States so 
requires as provided in these acts and Executive

[[Page 43376]]

Order and the regulations of the EPA (2 CFR 1532.1140).
    (x) Transfer excess research equipment to eligible educational 
institutions or certain non-profit organizations for the conduct of 
technical and scientific education and research activities under 
section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710(i)) (7 CFR part 2812).
    (xi) Promulgate policy and obtain and furnish Federal excess 
personal property in accordance with section 923 of Public Law 104-127 
(7 U.S.C. 2206a), to support research, educational, technical and 
scientific activities or for related programs, to:
    (A) Any 1994 Institutions (as defined in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 
301 note)).
    (B) Any Institutions eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University.
    (C) Any Hispanic-serving Institutions (as defined in sections 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
    (xii) Make available to organizations excess or surplus computers 
or other technical equipment of the Department for the purpose of 
distribution to cities, towns, or local government entities in rural 
areas (7 U.S.C. 2206b).
    (xiii) Issue regulations and directives to implement or supplement 
the Federal Acquisition Regulations (48 CFR Chapters 1 and 4).
    (xiv) Issue regulations and directives to implement or supplement 
the Federal Property Management Regulations (41 CFR chapter 101) and 
the Federal Management Regulation (41 CFR chapter 102).
    (xv) Serve as USDA Senior Sustainability Officer under Executive 
Order 13514, ``Federal Leadership in Environmental, Energy, and 
Economic Performance'' (74 FR 52117, Oct. 8, 2009) responsible for 
developing and achieving greenhouse gas emission reduction targets, 
developing and implementing a Strategic Sustainability Performance 
Plan, achieving sustainable practice goals in Executive Order 13423, 
``Strengthening Federal Environmental, Energy, and Transportation 
Management,'' 3 CFR, 2007 Comp., p. 191, and reporting USDA's progress 
to OMB and the Council on Environmental Quality.
    (xvi) Pursuant to the Office of Federal Procurement Policy Act 
(Act), as amended (41 U.S.C. 401, et seq.), designate the Department's 
Advocate for Competition with the responsibility for section 20 of the 
Act (41 U.S.C. 418), including:
    (A) Reviewing the procurement activities of the Department.
    (B) Developing new initiatives to increase full and open 
competition.
    (C) Developing goals and plans and recommending actions to increase 
competition.
    (D) Challenging conditions unnecessarily restricting competition in 
the acquisition of supplies and services.
    (E) Promoting the acquisition of commercial items.
    (F) Designating an Advocate for Competition for each procuring 
activity within the Department.
    (xvii) Related to compliance with environmental laws and 
sustainable operating requirements.
    (A) Serve as Chair of the USDA Sustainable Operations Council.
    (B) Represent USDA in consulting or working with the EPA, the 
Council on Environmental Quality, the Domestic Policy Council, and 
others to develop policies relating to hazardous materials management 
and Federal facilities compliance with applicable pollution control 
laws.
    (C) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (D) Monitor, review, evaluate, and oversee USDA agency expenditures 
for hazardous materials management program accomplishments.
    (E) Represent USDA on the National Response Team and exercise 
responsibility for USDA response efforts for hazardous substance 
releases 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, ``Superfund Implementation,'' 3 CFR, 1987 Comp., 
p. 193; Executive Order 12777, ``Implementation of section 311 of the 
Federal Water Pollution Control Act of October 18, 1972, as amended, 
and the Oil Pollution Act of 1990,'' 3 CFR, 1991 Comp., p. 351, and the 
National Oil and Hazardous Substances Contingency Plan, 40 CFR Part 
300.
    (F) 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.
    (G) 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,'' 3 CFR, 
1994 Comp. p. 859.
    (H) 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, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193, as 
amended by Executive Order 13016, ``Amendment to Executive Order No. 
12580,'' 3 CFR, 1996 Comp., p. 214.
    (I) Represent USDA on the EPA Brownfields Federal Partnership and 
coordinate USDA support for Brownfields redevelopment and establish 
policy and guidance for the implementation of the June 2003 amendment 
to Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 
Comp., p. 193 (Executive Order 13308, ``Further Amendment to Executive 
Order 12580, As Amended, Superfund Implementation,'' 3 CFR, 2003 Comp., 
p. 239).
    (xviii) Related to occupational safety and health.
    (A) Establish Departmentwide safety and health policy and provide 
leadership in the development, coordination, and implementation of 
related standards, techniques, and procedures, and represent the 
Department in complying with laws, Executive Orders and other policy 
and procedural issuances related to occupational safety and health and 
workers' compensation programs within the Department.
    (B) Represent the Department in all rulemaking, advisory, or 
legislative capacities on any groups, committees, or Governmentwide 
activities that affect the Department's Occupational Safety and Health 
Management Program; and serve as the USDA Designated Safety and Health 
Official.
    (C) Determine and provide Departmentwide technical services and 
regional staff support for the safety and health programs.
    (D) Administer the computerized management information systems for 
the collection, processing and

[[Page 43377]]

dissemination of data related to the Department's occupational safety 
and health programs.
    (E) Administer the Department's Occupational Health and Preventive 
Medicine Program, as well as design and operate employee assistance and 
workers' compensation activities.
    (F) Provide education and training on a Departmentwide basis for 
safety and health-related issues and develop resource and operational 
manuals.
    (7) Related to advocacy and outreach.
    (i) Ensure that small farms and ranches, beginning farmers or 
ranchers, and socially disadvantaged farmers or ranchers have access 
to, and equitable participation in, programs and services of the 
Department pursuant to section 226B(c) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6934(c)).
    (ii) Oversee the Advisory Committee for Beginning Farmers and 
Ranchers.
    (iii) Oversee the operations of the Office of Small Farms 
Coordination.
    (iv) Administer section 2501 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), except for 
authorities related to the Census of Agriculture and economic studies 
in subsection (h) of that section.
    (v) Establish and oversee the Minority Farmer Advisory Committee 
pursuant to section 14008 of FCEA (7 U.S.C. 2279 note).
    (vi) Administer the low-income migrant and seasonal farmworker 
grants program under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (vii) Consult with appropriate entities regarding integration of 
farmworker interests into Department programs, including assisting 
farmworkers in becoming agricultural producers or landowners, and 
research, program improvements, and agricultural education 
opportunities for low-income and migrant seasonal farmworkers.
    (viii) Administer the grants program under section 14204 of FCEA (7 
U.S.C. 2008q-1) to improve the supply, stability, safety, and training 
of the agricultural labor force.
    (ix) Administer and coordinate a USDA outreach program in 
collaboration with USDA agencies.
    (x) Administer section 2501A of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the 
authority to coordinate Department policy for the issuance of receipts 
under subsection (e) of that section.
    (xi) Provide strategic planning and performance measurement, 
coordinate outreach activities, monitor goals and objectives, and 
evaluate programs, of Department programs and activities involving 
small farms or ranches and beginning or socially disadvantaged farmers 
or ranchers.
    (xii) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
    (xiii) Administer the USDA/1890 Liaison Officer Program.
    (xiv) Administer the Hispanic Serving Institutions National 
Program.
    (8) Related to homeland security, personnel and document security, 
and emergency coordination.
    (i) Provide administrative supervision to the unit that grants, 
denies, or revokes security clearances for USDA employees and 
contractors.
    (ii) Administer the Department Emergency Preparedness Program. This 
includes:
    (A) Coordinate the delegations and assignments made to the 
Department under the Defense Production Act of 1950, 50 U.S.C. App. 
2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148, 
``Federal Emergency Management,'' 3 CFR, 1979 Comp., p. 412, 12919, 
``National Defense Industrial Resources Preparedness,'' 3 CFR, 1994 
Comp., p. 901, and 12656, ``Assignment of Emergency Preparedness 
Responsibilities,'' 3 CFR, 1988 Comp., p. 585; or any successor to 
these Executive Orders, to ensure that the Department has sufficient 
capabilities to respond to any occurrence, including natural disaster, 
military attack, technological emergency, or any all hazards incident.
    (B) Manage the Department Emergency Operations Center at 
Headquarters and the Secretary's alternative facilities; provide senior 
staff with international, national, and regional situational awareness 
reports; and provide and maintain current information systems 
technology and National Security Systems to support USDA executive 
crisis management capability.
    (C) Provide facilities and equipment to facilitate inter-agency 
coordination during emergencies.
    (D) Activate the USDA incident management system in accordance with 
the National Response Framework and the National Incident Management 
System in the event of a major incident; and provide oversight and 
coordination of the Department's Emergency Support Functions as 
outlined in the National Response Framework.
    (E) Develop and promulgate policies for the Department regarding 
emergency preparedness and national security, including matters 
relating to anti-terrorism and agriculture-related emergency 
preparedness planning both national and international, and guidance to 
USDA State and County Emergency Boards.
    (F) Establish and provide oversight of a Department-wide training 
program for the National Incident Management System to include Incident 
Command System, National Response Framework, Continuity programs, and 
Critical Infrastructure Protection program.
    (G) Provide representation and liaison for the Department in 
contacts with other Federal entities and organizations, including the 
National Security Council, Homeland Security Council, Office of 
Management and Budget, Department of Homeland Security, Federal 
Emergency Management Agency, Office of The Director of National 
Intelligence, and Department of Defense concerning matters of a 
national security, natural disaster, other emergencies, and 
agriculture/food-related international civil emergency planning and 
related activities.
    (H) Act as the primary USDA representative for anti-terrorism 
activities.
    (I) Develop and submit a coordinated budget request for homeland 
security requirements.
    (J) Provide guidance and direction regarding radiological emergency 
preparedness programs and the implementation of the National Response 
Framework's Nuclear/Radiological Incident Annex to Departmental staff 
offices, mission areas, and agencies.
    (K) Provide program leadership and coordination for USDA's 
radiological emergency preparedness requirements with respect to 
Emergency Management and Assistance (44 CFR parts 350-352).
    (L) Represent USDA on the Federal Radiological Preparedness 
Coordinating Committee (FRPCC) and Regional Assistance Committees 
(RACs) and assist them in carrying out their functions.
    (M) Support USDA in its management of the Department's emergency 
response program with respect to radiological emergency response 
activities.
    (iii) Provide for the personal security to the Secretary and the 
Deputy Secretary.
    (iv) Serve as the primary point of contact for Government 
Accountability Office (GAO) and Office of the Inspector General (OIG) 
audits of USDA homeland security activities.
    (v) Coordinate interaction between Department agencies and private 
sector businesses and industries in emergency planning and public 
education under Department authorities delegated or assigned under the 
National Response

[[Page 43378]]

Framework, National Infrastructure Protection Plan, Defense Production 
Act of 1950, 50 U.S.C. App. 2061, et seq., and Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq.
    (vi) Oversee the Department's ability to collect and disseminate 
information and prepare for an agricultural disease emergency, 
agroterrorist act, or other threat to agricultural biosecurity, and 
coordinate such activities among agencies and offices within the 
Department (7 U.S.C. 8912).
    (vii) Administer a funded competitive grant program to support the 
development and expansion of advanced training programs in agricultural 
biosecurity planning and response for food science professionals and 
veterinarians; administer a funded competitive grant and low-interest 
loan assistance program to assist States in assessing agricultural 
disease response capability (7 U.S.C. 8913).
    (viii) Promulgate Departmental policies, standards, techniques, and 
procedures; and represent the Department in maintaining the security of 
physical facilities and providing security guidance to the Food and 
Agricultural Sector nationwide.
    (A) Lead and coordinate the development and maintenance of a 
mission critical facility inventory with agency involvement to ensure 
proper security countermeasures are implemented in the Department's 
most critical infrastructure.
    (B) Provide guidance to USDA agencies in matters of physical 
security through use of physical security assessments and development 
of mitigation strategies.
    (C) Provide guidance to USDA agencies and the Food and Agricultural 
Sector in matters of security through use of assessments and 
development of mitigation strategies.
    (D) Represent and act as liaison for the Department in contacts 
with other Federal security entities and organizations, including the 
Interagency Security Committee and the Department of Homeland Security.
    (E) Provide guidance and direction to ensure physical security and 
agriculture/food security are fully integrated in USDA's security 
preparations, which are reported to and coordinated with the White 
House.
    (F) Provide assistance to the USDA agencies in preparation for and 
during a disaster to identify critical assets and possible alternate 
storage locations.
    (G) Conduct physical security investigations and compliance reviews 
Department-wide.
    (H) Review and provide coordinated technical physical security 
assessments for all new construction of laboratories, data centers, 
germplasm repositories, and other mission critical infrastructure 
during the design phase, and all leased facilities prior to contract 
award.
    (I) Oversee and manage physical security aspects of the Common 
Identification Card (LincPass) Program to ensure National Institute of 
Standards and Technology (NIST) and General Services Administration 
(GSA) compliancy within the National Capital Region and the physical 
access to USDA facilities.
    (J) Provide enterprise connectivity to agency physical access 
control systems that provide cost leveraging and provisioning/de-
provisioning nationwide.
    (ix) Provide oversight and coordination of the development and 
administration of the Department Continuity Program. This includes:
    (A) Provide guidance and direction regarding continuity of 
operations to the Office of the Secretary, Departmental staff offices, 
mission areas, and agencies.
    (B) Represent and act as liaison for the Department in contacts 
with other Federal entities and organizations concerning matters of 
assigned continuity program responsibilities.
    (C) Oversee Department continuity of operations and emergency 
relocation facility planning, development, equipping, and preparedness 
to ensure that resources are in a constant state of readiness.
    (x) Provide for the development and administration of a Public 
Trust program for the safeguarding of national security information:
    (A) Direct and administer USDA's public trust program established 
pursuant to 5 CFR part 731 and Executive Order 13488, ``Granting 
Reciprocity on Excepted Service and Federal Contractor Employee Fitness 
and Reinvestigating Individuals in Positions of Public Trust'' (74 FR 
4111, Jan. 22, 2009).
    (B) Direct and administer USDA's program under which information is 
safeguarded pursuant to Executive Order 13526, ``Classified National 
Security Information'' (75 FR 707, Jan. 5, 2010), or subsequent orders.
    (C) Establish and maintain Information Security policies and 
procedures for classifying, declassifying, safeguarding, and disposing 
of classified national security information and materials.
    (D) Investigate or delegate authority to investigate any potential 
compromises of classified national security information and take 
corrective action for violations or infractions under section 5.5(b) of 
Executive Order 13526 or any subsequent order.
    (E) Develop and maintain oversight of all facilities throughout 
USDA where classified national security information is or will be 
safeguarded, discussed, or processed including sole authority to 
liaison with the Central Intelligence Agency concerning guidance, 
approval, requirements, and oversight of USDA secure facilities.
    (F) Act as the USDA focal point to identify, receive, disseminate 
and safeguard USDA related intelligence information as required; convey 
information to USDA policy officials; and liaise with the intelligence 
community, as appropriate.
    (xi) Control within USDA the acquisition, use, and disposal of 
material and equipment that can be a source of ionizing radiation.
    (A) Promulgate policies and procedures for ensuring the safety of 
USDA employees, the public, and the environment resulting from USDA's 
use of ionizing radiation sources.
    (B) Maintain and ensure compliance with the Nuclear Regulatory 
Commission regulations (Title 10, Code of Federal Regulations) and 
license(s) issued to USDA for the acquisition, use, and disposal of 
radioactive materials.
    (9) Related to operations support to the Department of Agriculture 
headquarters complex, George Washington Carver Center, and leased 
facilities in the Washington metro area.
    (i) Provide services relating to facilities management and daily 
operational support for agencies and offices occupying USDA's 
headquarters complex, George Washington Carver Center, and, in 
coordination with the General Services Administration (GSA), USDA 
leased facilities in the Washington, DC metropolitan area, as well as 
at emergency relocation sites and certain critical facilities specified 
by the Assistant Secretary for Administration in the following areas:
    (A) Acquiring, leasing, utilizing, constructing, maintaining, and 
disposing of real property, including control of space assignments, and 
architecture and engineering design oversight.
    (B) Sustainable Operations leadership and management in the areas 
of internal energy efficiency, conservation and recycling in support of 
Executive Orders 13423, ``Strengthening Federal Environmental, Energy, 
and Transportation Management,'' 3 CFR, 2007 Comp., p. 193, and 13514, 
``Federal Leadership in Environmental, Energy,

[[Page 43379]]

and Economic Performance'' (74 FR 52117, Oct. 8, 2009).
    (C) Occupational health, safety, and related functions; and 
environmental compliance pursuant to Executive Order 12088, ``Federal 
Compliance with Pollution Control Standards,'' 3 CFR, 1978 Comp., p. 
243, to ensure actions are taken for the prevention, control, and 
abatement of environmental pollution.
    (ii) Provide centralized Departmental business services including:
    (A) Printing, copy reproducing, offset composing, mail management 
and delivery, and automated mailing lists.
    (B) USDA Nationwide mail management policy.
    (C) Operation of a disability resource center for all USDA agencies 
in the Washington, DC metropolitan area and nationwide in the areas of 
accessible technologies and reasonable accommodations.
    (D) General supplies, shipping and receiving, warehouse and labor 
services.
    (E) Operation of a USDA Consolidated Forms and Publications 
Distribution Center for storage and nationwide distribution of USDA 
program forms and publications.
    (F) Excess personal property operations with disposition 
responsibility for all USDA agencies in the Washington, DC metropolitan 
area.
    (G) Operation of a GSA authorized Federal excess property Sales 
Center for USDA property and other government agencies in the 
Washington, DC metropolitan area via Memorandum of Understanding (MOU).
    (iii) Promulgate Departmental regulations, standards, techniques, 
and procedures and represent the Department in managing and maintaining 
a comprehensive physical and technical security program including 
access control, management of special police officer and guard 
services, executive driving, parking, ID badging in accordance with 
HSPD-12, occupant emergency and warden services at the USDA 
Headquarters Complex, George Washington Carver Center and, in 
coordination with GSA, USDA leased facilities in the Washington, DC 
metropolitan area, as well as at emergency relocation sites and certain 
critical facilities specified by the Assistant Secretary for 
Administration.
    (iv) Provide management and oversight of the Secretary's People's 
Garden initiative and the USDA Visitor's Center for education and 
outreach to USDA and the public.
    (v) Represent the Department in contacts with other organizations 
or agencies on matters related to assigned responsibilities.
    (10) Related to Secretarial correspondence.
    (i) Exercise responsibility for all correspondence control and 
related records management functions for the Office of the Secretary.
    (ii) Provide administrative, editorial, and project management 
support services to the Immediate Office of the Secretary.
    (11) Related to shared management services.
    (i) Provide a full range of services, including: Procurement of 
supplies, services, and equipment; travel support, conference 
management, general administrative support including coordination of 
office renovations and moves (within USDA Whitten Building); budget, 
accounting, fiscal, and related financial management services; 
information technology services related to end user office automation, 
desktop computers, enterprise networking support, handheld devices and 
voice telecommunications; with authority to take actions required by 
law or regulation to perform said services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (ii) Prepare responses to requests under the Freedom of Information 
Act with authority to take actions as required by law or regulation for 
the offices and agencies reporting to the Assistant Secretary for 
Administration.
    (iii) Administer the records management program in support of 
Departmental Management, and prepare and coordinate responses to 
management audits by the Inspector General and the Government 
Accountability Office with authority to take actions as required by law 
or regulation for the offices and agencies reporting to the Assistant 
Secretary for Administration.
    (iv) Provide administrative and financial management support in the 
award and administration of grants, cooperative agreements, and 
Memoranda of Understanding in support of Departmental Management 
programs, with authority to take actions as required by law or 
regulation for the offices and agencies reporting to the Assistant 
Secretary for Administration.
    (v) Provide human resources operational services for the following 
(with the exception of Senior Executives, Senior Level positions, and 
Political Appointees):
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices and agencies of the Department as may be 
agreed.
    (12) Related to Office of Administrative Law Judges.
    (i) Assign, after appropriate consultation with other general 
officers, to the Office of Administrative Law Judges proceedings not 
subject to 5 U.S.C. 556 and 557, involving the holdings of hearings and 
performance of related duties pursuant to the applicable rules of 
practice, when the Assistant Secretary for Administration determines 
that because of the nature of the proceeding it would be desirable for 
the proceeding to be presided over by an Administrative Law Judge and 
that such duties and responsibilities would not be inconsistent with 
those of an Administrative Law Judge.
    (ii) Provide administrative supervision of the Office of 
Administrative Law Judges.
    (iii) Maintain overall responsibility and control over the Hearing 
Clerk's activities which include the custody of and responsibility for 
the control, maintenance, and servicing of the original and permanent 
records of all USDA administrative proceedings conducted under the 
provisions of 5 U.S.C. 556 and 557:
    (A) Receiving, filing and acknowledging the receipt of complaints, 
petitions, answers, briefs, arguments, and all other documents that may 
be submitted to the Secretary or the Department of Agriculture in such 
proceedings.
    (B) Receiving and filing complaints, notices of inquiry, orders to 
show cause, notices of hearing, designations of Administrative Law 
Judges or presiding officers, answers, briefs, arguments, orders, and 
all other documents that may be promulgated or issued by the Secretary 
or other duly authorized officials of the Department of Agriculture in 
such proceedings.
    (C) Supervising the service upon the parties concerned of any 
documents that are required to be served, and where required, 
preserving proof of service.
    (D) Keeping a docket record of all such documents and proceedings.
    (E) Filing a stenographic record of each administrative hearing 
where a transcript is required.
    (F) Preparing for certification and certifying under the 
Secretary's

[[Page 43380]]

facsimile signature, material on file in the Hearing Clerk's office.
    (G) Performing any other clerical duties with respect to the 
documents relative to such proceedings as may be required to be 
performed.
    (H) Cooperating with the Office of Operations in the letting of 
contracts for stenographic and reporting services; and forwarding 
vouchers to appropriate agencies for payment.
    (I) Receiving and compiling data, views or comments filed in 
response to notices of proposed standards or rules or regulations.
    (J) Performing upon request the following services with respect to 
any hearings in such proceedings:
    (1) Arranging for suitable hearing place.
    (2) Arranging for stenographic reporting of hearings and handling 
details in connection therewith.
    (13) Other general.
    (i) Administer the debarment authorities in section 14211 of the 
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2209j).
    (ii) [Reserved]
    (b) The following authorities are reserved to the Secretary of 
Agriculture:
    (1) Related to financial systems and budget formulation and 
execution.
    (i) Final approval of the Department's program and financial plans.
    (ii) [Reserved]
    (2) Related to human resources management. Make final 
determinations in the following areas:
    (i) Separation of employees for security reasons.
    (ii) Restoration to duty of employees following suspension from 
duty for security reasons.
    (iii) Reinstatement or restoration to duty or the employment of any 
person separated for security reasons.
    (iv) Issuance of temporary certificates to occupy sensitive 
positions.


Sec.  2.25  [Removed]

0
10. Remove Sec.  2.25.

Subpart D--Delegations of Authority to Other General Officers and 
Agency Heads


Sec.  2.26  [Removed]

0
11. Remove Sec.  2.26.
0
12. Amend Sec.  2.27 by revising paragraph (b) introductory text and 
paragraph (b)(2), to read as follows:


Sec.  2.27  Office of Administrative Law Judges.

* * * * *
    (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)(12)):
* * * * *
    (2) Direct the functions of the Hearing Clerk as set out in Sec.  
2.24(a)(12)(iii).


Sec.  2.28  [Removed]

0
13. Remove Sec.  2.28.


Sec.  2.30  [Removed]

0
14. Remove Sec.  2.30.


Sec.  2.32  [Removed]

0
15. Remove Sec.  2.32.

0
16. Amend Sec.  2.35 as follows:
0
a. Revise paragraphs (a)(9) and (a)(10); and
0
b. Add new paragraphs (a)(11), (a)(12), and (a)(13), to read as 
follows:


Sec.  2.35  Judicial Officer.

    (a) * * *
    (9) Act as final deciding officer in adjudicatory proceedings under 
section 359i of the Agricultural Adjustment Act of 1938, as amended (7 
U.S.C. 1359ii);
    (10) Issue rules of practice applicable to proceedings conducted 
under section 359i of the Agricultural Adjustment Act of 1938, as 
amended (7 U.S.C. 1359ii);
    (11) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Rules of Practice Governing Proceedings on Petitions 
To Modify or To Be Exempted From Marketing Orders'' set forth in 
sections 900.50 through 900.71 of this title;
    (12) Act as final deciding officer in adjudicatory proceedings 
subject to the ``Rules of Practice Governing Proceedings on Petitions 
to Modify or To Be Exempted from Research, Promotion, and Information 
Programs'' set forth in part 1200, subpart B, of this title; and
    (13) Act as final deciding officer in adjudicatory proceedings 
subject to ``Appeals of Quality Control (`QC') Claims'' set forth in 
part 283 of this title.
* * * * *


Sec.  2.37  [Removed]

0
17. Remove Sec.  2.37.

Subpart F--Delegations of Authority by the Under Secretary for Farm 
and Foreign Agricultural Services

0
18. Amend Sec.  2.42 by revising paragraph (a)(55) to read as follows:


Sec.  2.42  Administrator, Farm Service Agency.

    (a) * * *
    (55) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

Subpart G--Delegations of Authority by the Under Secretary for 
Rural Development

0
19. Revise Sec.  2.45 to read as follows:


Sec.  2.45  Deputy Under Secretary for Rural Development.

    Pursuant to Sec.  2.17(a), subject to reservations in Sec.  
2.17(b), and subject to policy guidance and direction by the Under 
Secretary, the following delegation of authority is made to the Deputy 
Under Secretary for Rural Development, to be exercised only during the 
absence or unavailability of the Under Secretary: Perform all the 
duties and exercise all the powers which are now or which may hereafter 
be delegated to the Under Secretary for Rural Development.

0
20. Amend Sec.  2.47 by revising paragraph (a)(16), to read as follows:


Sec.  2.47  Administrator, Rural Utilities Service.

    (a) * * *
    (16) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
21. Amend Sec.  2.48 by revising paragraph (a)(32), to read as follows:


Sec.  2.48  Administrator, Rural Business-Cooperative Service.

    (a) * * *
    (32) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

0
22. Amend Sec.  2.49 as follows:
0
a. Remove and reserve paragraph (a)(3); and
0
b. Revise paragraph (a)(13), to read as follows:


Sec.  2.49  Administrator, Rural Housing Service.

    (a) * * *
    (3) [Reserved]
* * * * *
    (13) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

[[Page 43381]]

Subpart H--Delegations of Authority by the Under Secretary for Food 
Safety

0
23. Revise Sec.  2.51 to read as follows:


Sec.  2.51  Deputy Under Secretary for Food Safety

    Pursuant to Sec.  2.18, and subject to policy guidance and 
direction by the Under Secretary, the following delegation of authority 
is made by the Under Secretary for Food Safety to the Deputy Under 
Secretary for Food Safety, to be exercised only during the absence or 
unavailability of the Under Secretary: Perform all the duties and 
exercise all the powers which are now or which may hereafter be 
delegated to the Under Secretary for Food Safety.

Subpart J--Delegations of Authority by the Under Secretary for 
Natural Resources and Environment

0
24. Amend Sec.  2.61 by revising paragraph (a)(27), to read as follows:


Sec.  2.61  Chief, Natural Resources Conservation Service.

    (a) * * *
    (27) In coordination with the Director, Office of Advocacy and 
Outreach, issue receipts under section 2501A(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)).
* * * * *

Subpart K--Delegations of Authority by the Under Secretary for 
Research, Education, and Economics

0
25. Amend Sec.  2.65 by removing and reserving paragraph (a)(56), to 
read as follows:


Sec.  2.65  Administrator, Agricultural Research Service.

    (a) * * *
    (56) [Reserved]
* * * * *

0
26. Amend Sec.  2.66 by revising the section heading and removing and 
reserving paragraph (a)(9), to read as follows:


Sec.  2.66  Director, National Institute of Food and Agriculture.

    (a) * * *
    (9) [Reserved]
* * * * *

Subpart M [Reserved]

0
27. Remove and reserve subpart M as set forth above.

0
28. Revise subpart P to read as follows:
Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration
Sec.
2.87 Deputy Assistant Secretaries for Administration.
2.88 Assistant Secretary for Civil Rights.
2.89 Chief Information Officer.
2.90 Chief Financial Officer.
2.91 Director, Office of Human Resources Management.
2.92 Director, Office of Small and Disadvantaged Business 
Utilization.
2.93 Director, Office of Procurement and Property Management.
2.94 Director, Office of Advocacy and Outreach.
2.95 Director, Office of Homeland Security and Emergency 
Coordination.
2.96 Director, Office of Operations.
2.97 Director, Office of the Executive Secretariat.
2.98 Director, Management Services.

Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration


Sec.  2.87  Deputy Assistant Secretary for Administration.

    Pursuant to Sec.  2.24(a), and subject to reservations in Sec.  
2.24(b), the following delegation of authority is made by the Assistant 
Secretary for Administration to the Deputy Assistant Secretary for 
Administration, to be exercised only during the absence or 
unavailability of the Assistant Secretary: Perform all the duties and 
exercise all the powers which are now or which may hereafter be 
delegated to the Assistant Secretary for Administration: Provided, that 
this authority shall be exercised first by a respective non-career 
Deputy Assistant Secretary in the order in which he or she has taken 
office as Deputy Assistant Secretary, and second by a career Deputy 
Assistant Secretary.


Sec.  2.88  Assistant Secretary for Civil Rights.

    (a) Delegations. Pursuant to Sec.  2.24(a)(1), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Assistant Secretary for Civil 
Rights:
    (1) Provide overall leadership, coordination, and direction for the 
Department's programs of civil rights, including program delivery, 
compliance, and equal employment opportunity, with emphasis on the 
following:
    (i) Actions to enforce Title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d, prohibiting discrimination in federally assisted 
programs.
    (ii) Actions to enforce Title VII of the Civil Rights Act of 1964, 
as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal 
employment.
    (iii) Actions to enforce Title IX of the Education Amendments of 
1972, 20 U.S.C. 1681, et seq., prohibiting discrimination on the basis 
of sex in USDA education programs and activities funded by the 
Department.
    (iv) Actions to enforce the Age Discrimination Act of 1975, 42 
U.S.C. 6102, prohibiting discrimination on the basis of age in USDA 
programs and activities funded by the Department.
    (v) Actions to enforce section 504 of the Rehabilitation Act of 
1973, as amended, 29 U.S.C. 794, prohibiting discrimination against 
individuals with disabilities in USDA programs and activities funded or 
conducted by the Department.
    (vi) Actions to enforce related Executive Orders, Congressional 
mandates, and other laws, rules, and regulations, as appropriate.
    (2) Evaluate Departmental agency programs, activities, and impact 
statements for civil rights concerns.
    (3) Analyze and evaluate program participation data and equal 
employment opportunity data.
    (4) Provide leadership and coordinate Departmentwide programs of 
public notification regarding the availability of USDA programs on a 
nondiscriminatory basis.
    (5) Coordinate with the Department of Justice on matters relating 
to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), and 
section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 
794), except those matters in litigation, including administrative 
enforcement actions, which shall be coordinated by the Office of the 
General Counsel.
    (6) Coordinate with the Department of Health and Human Services on 
matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, 
except those matters in litigation, including administrative 
enforcement actions, which shall be coordinated by the Office of the 
General Counsel.
    (7) Order proceedings and hearings in the Department pursuant to 
Sec. Sec.  15.9(e) and 15.86 of this title which concern consolidated 
or joint hearings within the Department or with other Federal 
departments and agencies.
    (8) Order proceedings and hearings in the Department pursuant to 
Sec.  15.8 of this title after the program agency has advised the 
applicant or recipient of his or her failure to comply and has 
determined that compliance cannot be secured by voluntary means.
    (9) Issue orders to give a notice of hearing or the opportunity to 
request a hearing pursuant to part 15 of this title; arrange for the 
designation of an Administrative Law Judge to preside

[[Page 43382]]

over any such hearing; and determine whether the Administrative Law 
Judge so designated will make an initial decision or certify the record 
to the Secretary of Agriculture with his or her recommended findings 
and proposed action.
    (10) Authorize the taking of action pursuant to Sec.  15.8(a) of 
this title relating to compliance by ``other means authorized by law.''
    (11) Make determinations required by Sec.  15.8(d) of this title 
that compliance cannot be secured by voluntary means, and then take 
action, as appropriate.
    (12) Make determinations that program complaint investigations 
performed under Sec.  15.6 of this title establish a proper basis for 
findings of discrimination, and that actions taken to correct such 
findings are adequate.
    (13) Investigate (or make determinations that program complaint 
investigations establish a proper basis for final determinations), make 
final determinations on both the merits and required corrective action, 
and, where applicable, make recommendations to the Secretary that 
relief be granted under 7 U.S.C. 6998(d) notwithstanding the finality 
of National Appeals Division decisions, as to complaints filed under 
parts 15a, 15b, and 15d of this title.
    (14) Conduct civil rights investigations and compliance reviews 
Departmentwide.
    (15) Develop regulations, plans, and procedures necessary to carry 
out the Department's civil rights programs, including the development, 
implementation, and coordination of Action Plans.
    (16) Related to Equal Employment Opportunity (EEO). Is designated 
as the Department's Director of Equal Employment Opportunity with 
authority:
    (i) To perform the functions and responsibilities of that position 
under 29 CFR part 1614, including the authority:
    (A) To make changes in programs and procedures designed to 
eliminate discriminatory practices and improve the Department's EEO 
program.
    (B) To provide EEO services for managers and employees.
    (C) To make final agency decisions on EEO complaints by Department 
employees or applicants for employment and order such corrective 
measures in such complaints as may be considered necessary, including, 
in consultation with the Director, Office of Human Resources 
Management, the recommendation for such disciplinary action as is 
warranted when an employee has been found to have engaged in a 
discriminatory practice.
    (ii) Administer the Department's EEO program.
    (iii) Oversee and manage the EEO counseling function for the 
Department.
    (iv) Process formal EEO complaints by employees or applicants for 
employment.
    (v) Investigate Department EEO complaints and make final decisions 
on EEO complaints, except in those cases where the Assistant Secretary 
for Administration (or a person in the immediate office of the 
Assistant Secretary for Administration) or the Assistant Secretary for 
Civil Rights (or a person directly supervised by the Assistant 
Secretary for Civil Rights) has participated in the events that gave 
rise to the matter.
    (vi) Order such corrective measures in EEO complaints as may be 
considered necessary, including the recommendation for such 
disciplinary action as is warranted when an employee has been found to 
have engaged in a discriminatory practice.
    (vii) Provide liaison on EEO matters concerning complaints and 
appeals with the Department agencies and Department employees.
    (viii) Conduct EEO evaluations and develop policy regarding EEO 
programs.
    (ix) Provide liaison on EEO programs and activities with the Equal 
Employment Opportunity Commission and the Office of Personnel 
Management.
    (17) Administer the discrimination appeals and complaints program 
for the Department, including all formal individual or group appeals, 
where the system provides for an avenue of redress to the Department 
level, Equal Employment Opportunity Commission, or other outside 
authority.
    (18) Make final determinations, or enter into settlement 
agreements, on discrimination complaints in federally conducted 
programs subject to the Equal Credit Opportunity Act. This delegation 
includes the authority to make compensatory damage awards whether 
pursuant to a final determination or in a settlement agreement under 
the authority of the Equal Credit Opportunity Act and the authority to 
obligate agency funds, including Commodity Credit Corporation and 
Federal Crop Insurance Corporation funds to satisfy such an award.
    (19) Make final determinations in proceedings under part 15f of 
this title where review of an administrative law judge decision is 
undertaken.
    (20) Provide civil rights and equal employment opportunity support 
services, with authority to take actions required by law or regulation 
to perform such services for:
    (i) The Secretary of Agriculture.
    (ii) The general officers of the Department.
    (iii) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (iv) Any other offices or agencies of the Department as may be 
agreed.
    (21) Redelegate, as appropriate, any authority delegated under this 
section to general officers of the Department and heads of Departmental 
agencies.
    (b) [Reserved]


Sec.  2.89  Chief Information Officer.

    (a) Delegations. The Chief Information Officer, under the 
supervision of the Assistant Secretary for Administration pursuant to 
Sec.  2.24(a)(2), and with due deference for delegations to other 
Departmental Management officials, is responsible for executing the 
duties enumerated in Public Law 104-106 for agency Chief Information 
Officers, and additional specified duties, as follows:
    (1) Report directly to the Secretary of Agriculture regarding 
information technology matters.
    (2) Oversee 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) Provide advice and other assistance to the Secretary and other 
senior management personnel to ensure that information technology 
acquired and managed for the Department consistent with chapter 35 of 
title 44, United States Code (Coordination of Federal Information 
Policy).
    (4) Develop, implement, and maintain a sound and integrated 
Departmentwide information technology architecture.
    (5) Promote 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) Approve the acquisition or procurement of information 
technology resources by, or on behalf of, any Department agency or 
office.
    (7) Collaborate with Department procurement personnel with respect 
to information technology acquisition strategy and policy.
    (8) Function as the Major Information Technology Systems Executive 
in USDA

[[Page 43383]]

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 Office of 
Management and Budget (OMB) Circular No. A-109, Major Systems 
Acquisitions, for information technology. This includes the authority 
to:
    (i) Ensure that OMB Circular No. A-109 is effectively implemented 
for information technology systems in the Department and that the 
management objectives of the Circular are realized.
    (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.
    (iv) Designate any Departmental information technology acquisition 
as a major system acquisition under OMB Circular No. A-109.
    (9) On an annual basis:
    (i) Assess 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) Develop strategies and specific plans for hiring, training, 
and professional development at the executive and management level to 
meet personnel information technology personnel requirements.
    (iii) Report to the Assistant Secretary for Administration on 
progress made in improving information resources management capability.
    (10) Function 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) Ensure that the information policies, principles, standards, 
guidelines, rules and regulations prescribed by OMB are appropriately 
implemented within the Department.
    (ii) Review 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) Develop and implement procedures for assessing the burden to 
the public and costs to the Department of information requirements 
contained in proposed legislation affecting Department programs.
    (iv) Assist OMB in the performance of its functions assigned under 
the E-Government Act of 2002 (Pub. L. 107-347), including review of 
Department and Agency activities for compliance.
    (v) Assist OMB in the performance of its functions assigned under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), including 
review of Department and Agency activities for compliance.
    (11) The Chief Information Officer is also responsible for the 
following:
    (i) Provide 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) Provide 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; information technology investment governance; 
cybersecurity; and privacy. Monitor 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) Manage the Enterprise Data Centers, with the exception of the 
National Finance Center; and oversee the delivery of Enterprise Data 
Center goods and services, with authority to take actions required by 
law or regulation to perform such services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (iv) Manage a comprehensive set of end user office automation 
services and oversee the delivery of goods and services associated with 
end user office automation services, with authority to take actions 
required by law or regulation to perform such services for any offices 
or agencies of the Department as may be agreed (except for the Office 
of the Secretary, the general officers of the Department, and the 
agencies and offices reporting to the Assistant Secretary for 
Administration, as specified in Sec.  2.98(a)(1)).
    (v) Manage the Agricultural Security Operations Center to enable 
the Department to effectively monitor, detect, analyze, protect, 
report, and respond against known cyber vulnerabilities, attacks, and 
exploitations.
    (vi) Manage the Department's Certification and Accreditation 
process to ensure the Department and agencies have successfully 
conducted periodic risk assessments of its systems; grant the authority 
to operate for systems that have successfully completed the 
Certification and Accreditation process; and rescind or suspend the 
authority to operate for systems subject to repeated and/or significant 
security issues.
    (vii) Ensure that OMB Circular No. A-16, Coordination of Geographic 
Information and Related Spatial Data Activities, is effectively 
implemented in the Department and that the management objectives of the 
Circular are realized; and providing Departmentwide guidance and 
direction in governing, developing, implementing, and maintaining a 
sound and integrated geospatial architecture.
    (viii) Review and evaluate 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.
    (ix) Design, develop, implement, and revise systems, processes, 
work methods, and techniques to improve the management and operational 
effectiveness of information resources.
    (x) Administer the Departmental records, forms, reports and 
Directives Management Programs.
    (xi) Manage all aspects of the USDA Telecommunications Program 
including planning, development, acquisition, and use of equipment and 
systems for voice, data, and communications, excluding the actual 
procurement of data transmission equipment, software, maintenance, and 
related supplies.
    (xii) Manage Departmental telecommunications contracts.
    (xiii) Provide technical advice throughout the Department.
    (xiv) Implement a program for applying information resources 
management technology to improve productivity in the Department.
    (xv) Plan, develop, install, and operate computer-based systems for 
message exchange, scheduling, computer conferencing, televideo 
technologies, and other applications of office automation technology 
which can be commonly used by multiple Department agencies and offices.
    (xvi) Represent the Department in contacts with the Government 
Accountability Office, the General Services Administration, OMB, the 
National Institute of Standards and

[[Page 43384]]

Technology, and other organizations or agencies on matters related to 
delegated responsibilities.
    (12) Implement policies established pursuant to paragraphs (a)(1) 
through (a)(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 OMB policies.
    (iv) Providing 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.
    (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.
    (viii) Providing guidance to USDA regarding implementation of 
Section 508 of the Rehabilitation Act, as well as on-going consultative 
assistance regarding information technology accessibility, and 
reviewing progress made toward achieving information technology 
accessibility for USDA employees and individuals with disabilities.
    (13) Related to the Privacy Act. Appoint a Department Privacy Act 
Officer; oversee general officers and agency heads in the development 
and implementation of policies issued pursuant to the provisions of the 
Privacy Act, 5 U.S.C. 552a; and provide consultation and guidance 
regarding those policies.
    (14) Related to the Freedom of Information Act. Serve as the Chief 
Freedom of Information Act Officer for the Department; oversee general 
officers and agency heads in efficient and appropriate compliance with 
the provisions of the Freedom of Information Act (5 U.S.C. 552); 
monitor implementation of 5 U.S.C. 552 throughout the agency and keep 
the Secretary, the General Counsel, and the Attorney General informed 
regarding agency performance in its implementation; recommend to the 
Secretary necessary adjustments to agency practices, policies, 
personnel, and funding to improve implementation of 5 U.S.C. 552; 
review and report to the Attorney General, through the Secretary, as 
the Attorney General may direct; and, facilitate public understanding 
of the purposes of the statutory exemptions contained in 5 U.S.C. 552.
    (b) [Reserved]


Sec.  2.90  Chief Financial Officer.

    (a) The Chief Financial Officer, under the supervision of the 
Assistant Secretary for Administration pursuant to Sec. Sec.  
2.24(a)(3) and 2.24(a)(13), with due deference for delegations to other 
Departmental Management officials, and subject to the reservations in 
Sec.  2.24(b), is responsible for executing the duties enumerated for 
agency Chief Financial Officers in the Chief Financial Officers Act of 
1990, Public Law 101-576, 31 U.S.C. 902, and additional specified 
duties, including:
    (1) Report directly to the Secretary of Agriculture regarding 
financial management matters.
    (2) Oversee all financial management activities relating to the 
programs and operations of the Department and component agencies.
    (3) Develop and maintain 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 
(OMB);
    (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) Make recommendations to the Assistant Secretary for 
Administration 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) Direct, manage, and provide policy guidance and oversight of 
Department financial management personnel, activities, and operations, 
including:
    (i) Prepare and annually revise a Departmental plan to:
    (A) Implement the 5-year financial management plan prepared by the 
Director of OMB 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) Develop Departmental financial management budgets, including 
the oversight and recommendation of approval of component agency 
financial management budgets.
    (iii) Recruit, select, and train personnel to carry out 
Departmental financial management functions.
    (iv) Approve and manage Departmental, and approve component agency, 
financial management systems design or enhancement projects.
    (v) Implement and approve Departmental, and approve component 
agency, asset management systems, including systems for cash 
management, credit management, debt collection, and property and 
inventory management and control.
    (6) Prepare and transmit, 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, the Assistant Secretary for Administration, 
and the Director of OMB, 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

[[Page 43385]]

President and the Congress under the amendments made by the Federal 
Managers' Financial Integrity Act of 1982 (31 U.S.C. 1113, 3512).
    (v) Other information the Secretary considers appropriate to inform 
fully the President and the Congress concerning the financial 
management of the Department.
    (7) Monitor the financial execution of the budget of the Department 
in relation to projected and actual expenditures, and prepare and 
submit to the Secretary timely performance reports.
    (8) Review, on a biennial basis, the fees, royalties, rent, and 
other charges imposed by the Department for services and things of 
value it produces, and make recommendations on revising those charges 
to reflect costs incurred by the Department in providing those services 
and things of value.
    (9) Access 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) Request such information or assistance as may be necessary for 
carrying out the duties and responsibilities granted by the Chief 
Financial Officers Act of 1990 (Pub. L. 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, enter 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.
    (12) Designate the Department's Comptroller of the Department 
Working Capital Fund.
    (13) 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 payment management 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 or issued by USDA agencies for conformity with 
Departmental requirements.
    (iv) Section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 
862) as it relates to grants, loans, and licenses.
    (14) Establish policies related to the Department Working Capital 
Fund.
    (15) 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.
    (16) Exercise responsibility and authority for operating USDA's 
financial and subsidiary management systems and related administrative 
systems including: Departmentwide payroll and personnel information 
systems, statistics, administrative payments, billings and collections, 
and related reporting systems that are either requested by the agencies 
or required by the Department.
    (17) Manage the National Finance Center (NFC).
    (18) 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.  2.91(a)(10), 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.
    (19) 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 (a)(13) 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.
    (ix) Monitoring USDA implementation of section 5301 of the Anti-
Drug Abuse Act of 1988 (21 U.S.C. 862) as it relates to grants, loans, 
and licenses.
    (20) 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:
    (i) Increased use of operations research and management science in 
the areas of productivity and management.
    (ii) All activities financed through the Department Working Capital 
Fund.
    (21) 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.
    (22) Represent the Department in contacts with OMB, General 
Services Administration, GAO, 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.
    (23) Establish policies related to travel by USDA employees.
    (24) Exercise responsibility for coordinating and overseeing the 
implementation of the Government Performance and Results Act of 1993, 
Public Law 103-62, at the Department.

[[Page 43386]]

    (25) 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,
    (iv) Any other offices and agencies of the Department as may be 
agreed.
    (26) Develop, promulgate, and coordinate Department-wide policy 
concerning nonprocurement debarment and suspension.
    (27) Prepare and submit to Congress reports on conferences 
sponsored or held by the Department or attended by employees of the 
Department (7 U.S.C. 2255b).
    (28) Related to budget formulation and program analysis.
    (i) Designate the Department's Budget Officer and exercise general 
responsibility and authority for all matters related to the 
Department's budgeting affairs including:
    (A) Resource administration, including all phases of the 
acquisition, and distribution of funds and staff years.
    (B) Legislative and regulatory reporting and related activities.
    (ii) Provide staff assistance for the Secretary, general officers, 
and other Department and agency officials.
    (iii) Formulate and promulgate Departmental budgetary, legislative 
and regulatory policies and procedures.
    (iv) Represent the Department in contacts with OMB, the GAO, the 
Department of the Treasury, Congressional Committees on Appropriations, 
and other organizations and agencies on matters related to his or her 
responsibility.
    (v) 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.
    (vi) Review and analyze legislation, regulations, and policy 
options to determine their impact on USDA programs and policy 
objectives and on the Department's budget.
    (vii) Monitor ongoing studies with significant program or policy 
implications.
    (29) Administer the debarment authorities in section 14211 of the 
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2209j) in 
coordination with the Director, Office of Procurement and Property 
Management.


Sec.  2.91  Director, Office of Human Resources Management.

    (a) Delegations. Pursuant to Sec.  2.24(a)(4), with due deference 
for delegations to other Departmental Management officials, and subject 
to the reservations in Sec.  2.24(b), the following delegations of 
authority are made by the Assistant Secretary for Administration to the 
Director, Office of Human Resources Management:
    (1) Formulate and issue Department policy, standards, rules and 
regulations relating to human resources management.
    (2) Provide human resources management procedural guidance and 
operational instructions.
    (3) Set standards for human resources data systems.
    (4) Inspect and evaluate human resources management operations and 
issue instructions or take direct action to insure conformity with 
appropriate laws, Executive Orders, Office of Personnel Management 
(OPM) rules and regulations, and other appropriate rules and 
regulations.
    (5) Exercise final authority in all human resources matters, 
including individual cases, that involve the jurisdiction of more than 
one General Officer, or agency head, or otherwise as deemed 
appropriate.
    (6) Receive, review, and recommend action on all requests for the 
Secretary's or Assistant Secretary for Administration's approval in 
human resources matters.
    (7) Authorize and make final decisions on adverse actions except in 
those cases where the Assistant Secretary for Administration or the 
Director, Office of Human Resources Management, has participated.
    (8) Represent the Department in human resources matters in all 
contacts outside the Department.
    (9) Exercise specific authorities in the following operational 
matters:
    (i) Waive repayment of training expenses where an employee fails to 
fulfill service agreement.
    (ii) Establish or change standards and plans for awards to private 
citizens.
    (iii) Execute, change, extend, or renew:
    (A) Labor-Management Agreements.
    (B) Certifications of supervisory/managerial and non-labor union 
employee and professional organizations and associations.
    (iv) Represent the Department in all contacts with the national 
offices of labor organizations in fulfilling the Department's national 
consultation obligations under 5 U.S.C. 7113.
    (v) Change a position (with no material change in duties) from one 
pay system to another.
    (vi) Grant restoration rights, and release employees with 
administrative reemployment rights.
    (vii) Authorize any mass dismissals of employees in the Washington, 
DC metropolitan area.
    (viii) Approve ``normal line of promotion'' cases in the excepted 
service where not in accordance with time-in grade criteria.
    (ix) Make the final decision on all classification appeals filed 
with the Department of Agriculture.
    (x) Authorize all employment actions (except nondisciplinary 
separations and LWOP) and classification actions for senior level and 
equivalent positions including Senior Executive Service positions and 
special authority professional and scientific positions responsible for 
carrying out research and development functions.
    (xi) Authorize all employment actions (except LWOP) for the 
following positions:
    (A) Schedule C.
    (B) Non-career Senior Executive Service or equivalent.
    (C) Administrative Law Judge.
    (xii) Authorize and make final decisions on adverse actions for 
positions in GS-1-15 or equivalent.
    (xiii) Authorize and make final decisions on adverse actions for 
positions in the career Senior Executive Service or equivalent.
    (xiv) Approve the details of Department employees to the White 
House.
    (xv) Authorize adverse actions based in whole or in part on an 
allegation of violation of 5 U.S.C. chapter 73, subchapter III, for 
employees in the excepted service.
    (xvi) Authorize long-term training in programs which require 
Departmentwide competition.
    (xvii) Initiate and take adverse action in cases involving a 
violation of the merit system.
    (xviii) Any other human resources operational matter.
    (10) As used in this section, the term human resources includes:
    (i) Position management.
    (ii) Position classification.
    (iii) Employment.
    (iv) Pay administration.
    (v) Automated human resources data and systems.
    (vi) Hours of duty.
    (vii) Performance management.
    (viii) Promotions.
    (ix) Employee development.
    (x) Incentive programs.
    (xi) Leave.

[[Page 43387]]

    (xii) Retirement.
    (xiii) Human resources program management accountability and 
evaluation.
    (xiv) Social security.
    (xv) Life insurance.
    (xvi) Health benefits.
    (xvii) Unemployment compensation.
    (xviii) Labor management relations.
    (xix) Intramanagement consultation.
    (xx) [Reserved]
    (xxi) Discipline.
    (xxii) Appeals.
    (xxiii) Drug Testing Program.
    (xxiv) Worklife Program.
    (xxv) Transit Subsidy Program.
    (xxvi) Alternative Dispute Resolution.
    (11) Maintain, review, and update Departmental delegations of 
authority.
    (12) Recommend authorization of organizational changes.
    (13) Formulate and promulgate Departmental policies regarding 
reorganizations.
    (14) [Reserved]
    (15) Provide for diversity and inclusion, as follows:
    (i) Establish, direct, and provide policy and oversight for a 
Department-wide Special Emphasis Program (SEP) including: Women, 
African Americans, Hispanics, Asian/Pacific Islanders, Native 
Americans, Disabled, and Gay/Lesbian/Bisexual/Transgender.
    (ii) Provide oversight and support for Departmental SEP recognition 
programs.
    (iii) Direct and oversee the Department-wide SEPM Council.
    (iv) Administer Federal Equal Opportunity Recruitment Program.
    (16) Oversee and manage the Department's administrative grievance 
program.
    (17) Make final decisions in those cases where an agency head has 
appealed the recommended decision of a grievance examiner.
    (18) Administer the administrative appeals process related to the 
inclusion of positions in the testing designated position listing in 
the Department's Drug-Free Workplace Program and designate the final 
appeal officer for that Program.
    (19) Formulate and issue Department policy, standards, rules, and 
regulations relating to the Senior Scientific Research Service (7 
U.S.C. 7657).
    (20) Related to conflict management.
    (i) Designate the senior official to serve as the Department 
Dispute Resolution Specialist under the Administrative Dispute 
Resolution Act of 1996, 5 U.S.C. 571, et seq., and provide leadership, 
direction and coordination for the Department's conflict prevention and 
resolution activities.
    (ii) Issue Departmental regulations, policies, and procedures 
relating to the use of Alternative Dispute Resolution (ADR) to resolve 
employment complaints and grievances, workplace disputes, Departmental 
program disputes, and contract and procurement disputes.
    (iii) Provide ADR services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other office or agency of the Department as may be agreed.
    (iv) Develop and issue standards for mediators and other ADR 
neutrals utilized by the Department.
    (v) Coordinate ADR activities throughout the Department.
    (vi) Monitor agency ADR programs and report at least annually to 
the Secretary on the Department's ADR activities.
    (21) Redelegate, as appropriate, any authority delegated under 
paragraphs (a)(1) through (a)(20) of this section to general officers 
of the Department and heads of Departmental agencies, provided that the 
Director, Office of Human Resources Management retains the authority to 
make final decisions in any human resources matter so redelegated.
    (22) Related to Ethics. Provide administrative supervision for the 
Office of Ethics.
    (b) Reservations. The following authorities are reserved to the 
Assistant Secretary for Administration:
    (1) Authorize organizational changes occurring in a Department 
agency or staff office which affect the overall structure of that 
service or office; i.e., require a change to that service or office's 
overall organization chart.
    (2) Approve coverage and waiver of individual law enforcement and 
firefighter positions under the special retirement provisions of the 
Civil Service Retirement System and the Federal Employees Retirement 
System.


Sec.  2.92  Director, Office of Small and Disadvantaged Business 
Utilization.

    (a) Delegations. Pursuant to Sec.  2.24(a)(5), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Director, Office of Small and 
Disadvantaged Business Utilization:
    (1) The Director, Office of Small and Disadvantaged Business 
Utilization, under the supervision of the Assistant Secretary for 
Administration, has specific responsibilities under the Small Business 
Act, 15 U.S.C. 644(k). These duties include being responsible for the 
following:
    (i) Administer the Department's small and disadvantaged business 
activities related to procurement contracts, minority bank deposits, 
and grants and loan activities affecting small and minority businesses 
including women-owned business, and the small business, small minority 
business, and small women-owned business subcontracting programs.
    (ii) Provide Departmentwide liaison and coordination of activities 
related to small, small disadvantaged, and women-owned businesses with 
the Small Business Administration and others in public and private 
sector.
    (iii) Develop policies and procedures required by the applicable 
provision of the Small Business Act, as amended, to include the 
establishment of goals.
    (iv) Implement and administer programs described under sections 8 
and 15 of the Small Business Act, as amended (15 U.S.C. 637 and 644).
    (v) In compliance with the Veterans Benefits Act of 2003 (Pub. L. 
108-183) amending the Small Business Act, implement and administer 
procurement programs for small business concerns owned and controlled 
by service-disabled veterans.
    (2) The Director, Office of Small and Disadvantaged Business 
Utilization, also has the following responsibilities:
    (i) In compliance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
seq.), implement and administer the Department's AbilityOne program for 
purchases from qualified nonprofit agencies for the blind or for the 
severely disabled.
    (ii) [Reserved]
    (b) [Reserved]


Sec.  2.93  Director, Office of Procurement and Property Management.

    (a) Delegations. Pursuant to Sec. Sec.  2.24(a)(6) and 2.24(a)(13), 
and with due deference for delegations to other Departmental Management 
officials, the following delegations of authority are made by the 
Assistant Secretary for Administration to the Director, Office of 
Procurement and Property Management:
    (1) Exercise full Departmentwide contracting and procurement 
authority.
    (2) Promulgate policies, standards, techniques, and procedures, and 
represent the Department, in the following:
    (i) Acquisition, including, but not limited to, the procurement of 
supplies, services, equipment, and construction.
    (ii) Socioeconomic programs relating to contracting.
    (iii) Selection, standardization, and simplification of program 
delivery processes utilizing contracts.

[[Page 43388]]

    (iv) Acquisition, leasing, utilization, value analysis, 
construction, maintenance, and disposition of real and personal 
property, including control of space assignments.
    (v) Motor vehicle and aircraft fleet and other vehicular 
transportation.
    (vi) Transportation of things (traffic management).
    (vii) Prevention, control, and abatement of pollution with respect 
to Federal facilities and activities under the control of the 
Department (Executive Order 12088, ``Federal Compliance With Pollution 
Control Standards,'' 3 CFR, 1978 Comp., p. 243).
    (viii) Implementation of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.).
    (ix) Development and implementation of sustainable operations 
actions including establishing and achieving greenhouse gas emission 
reduction goals, reducing energy intensity, increasing renewable energy 
use, increasing water efficiency, reducing petroleum use and increasing 
alternative fuel use, increasing recycling and waste diversion, 
preventing pollution, reducing use of toxic chemicals, procuring 
sustainable products and services, achieving sustainable principles for 
new and existing buildings, promoting electronic stewardship, and 
continuing environmental management system use. Maintain liaison with 
the Office of the Federal Environmental Executive, the Council on 
Environmental Quality, the Office of Management and Budget (OMB), the 
Department of Energy, and other Government agencies in these matters.
    (x) Implementation of a program for the Federal procurement of 
biobased products and of a voluntary ``USDA Certified Biobased 
product'' labeling program (7 U.S.C. 8102).
    (xi) Entering into cooperative agreements to further research 
programs in the food and agricultural sciences, related to establishing 
and implementing Federal biobased procurement and voluntary biobased 
labeling programs (7 U.S.C. 3318).
    (xii) Implementation of the policies and procedures set forth in 
OMB Circular No. A-76, Performance of Commercial Activities.
    (3) Exercise the following special authorities:
    (i) The Director, Office of Procurement and Property Management, is 
designated as the Departmental Debarring Officer and authorized to 
perform the functions of 48 CFR part 9, subpart 9.4 related to 
procurement activities, except for commodity acquisitions on behalf of 
the Commodity Credit Corporation (7 CFR part 1407), with authority to 
redelegate suspension and debarment authority for contracts awarded 
under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 
7 U.S.C. 612c).
    (ii) Conduct liaison with the Office of Federal Register (1 CFR 
part 16) including the making of required certifications pursuant to 1 
CFR part 18.
    (iii) Maintain custody and permit appropriate use of the official 
seal of the Department.
    (iv) Establish policy for the use of the official flags of the 
Secretary and the Department.
    (v) Coordinate collection and disposition of personal property of 
historical significance.
    (vi) Make information returns to the Internal Revenue Service as 
prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other 
Treasury regulations, guidelines or procedures as may be issued by the 
Internal Revenue Service in accordance with 26 U.S.C. 6050M. This 
includes making such verifications or certifications as may be required 
by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M-
1(d)(5)(1).
    (vii) Promulgate regulations for the management of contracting and 
procurement for information technology and telecommunication equipment, 
software, services, maintenance and related supplies.
    (viii) Represent the Department in working with the Government 
Accountability Office (GAO), the General Services Administration, OMB, 
and other organizations or agencies on matters related to assigned 
responsibilities.
    (ix) Redelegate, as appropriate, the authority in paragraphs 
(a)(10) and (a)(12) of this section to agency Property Officials or 
other qualified agency officials with no power of further redelegation.
    (4) Exercise authority under the Department's Acquisition Executive 
(the Assistant Secretary for Administration) to integrate and unify the 
management process for the Department's major system acquisitions and 
to monitor implementation of the policies and practices set forth in 
OMB Circular No. A-109, Major Systems Acquisitions, with the exception 
that major system acquisitions for information technology shall be 
under the cognizance of the Chief Information Officer. This delegation 
includes the authority to:
    (i) Ensure that OMB Circular No. A-109 is effectively implemented 
in the Department and that the management objectives of the Circular 
are realized.
    (ii) Review the program management of each major system 
acquisition, excluding information technology.
    (iii) Designate the program manager for each major system 
acquisition, excluding information technology.
    (iv) Designate any Departmental acquisition, excluding information 
technology, as a major system acquisition under OMB Circular No. A-109.
    (5) Pursuant to Executive Order 12931, ``Federal Procurement 
Reform,'' 3 CFR, 1994 Comp., p. 925, and sections 16, 22, and 37 of the 
Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 414, 
418b, and 433, serve as the Senior Procurement Executive for the 
Department with responsibility for the following:
    (i) Prescribing and publishing Departmental acquisition policies, 
advisories, regulations, and procedures.
    (ii) Taking any necessary actions consistent with policies, 
regulations, and procedures, with respect to purchases, contracts, 
leases, agreements, and other transactions.
    (iii) Designating contracting officers.
    (iv) Establishing clear lines and limitations of contracting 
authority through written delegations of authority.
    (v) Approving any Departmental and component agency procurement 
systems and processes.
    (vi) Managing and enhancing career development of the Department's 
acquisition workforce.
    (vii) Participating in the development of Governmentwide 
procurement policies, regulations and standards, and determining 
specific areas where Governmentwide performance standards should be 
established and applied.
    (viii) Developing unique Departmental standards as required.
    (ix) Overseeing the development of procurement goals, guidelines, 
and innovation.
    (x) Measuring and evaluating procurement office performance against 
stated goals.
    (xi) Advising the Assistant Secretary for Administration whether 
procurement goals are being achieved.
    (xii) Prescribing standards for agency Procurement Executives.
    (xiii) Redelegating, suspending, or revoking, as appropriate, the 
authority in paragraph (a)(5)(i) of this section to agency Procurement 
Executives or other qualified agency officials with no power of further 
redelegation.
    (xiv) Redelegating, suspending, or revoking, as appropriate, the 
authorities in paragraphs (a)(5)(ii), (iii), (iv), (vi), and (vii) of 
this section to agency Procurement Executives or other

[[Page 43389]]

qualified agency officials with the power of further redelegation.
    (6) Represent the Department in establishing standards for 
acquisition transactions within the electronic data interchange 
environment.
    (7) Designate the Departmental Task Order Ombudsman pursuant to 41 
U.S.C. 253j.
    (8) Serve as Departmental Remedy Coordination Official pursuant to 
41 U.S.C. 255 to determine whether payment to any contractor should be 
reduced or suspended based on substantial evidence that the request of 
the contractor for advance, partial, or progress payment is based on 
fraud.
    (9) Review and approve exemptions for USDA contracts, subcontracts, 
grants, agreements, and loans from the requirements of the Clean Air 
Act, as amended (42 U.S.C. 7401, et seq.), the Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order 
11738, ``Providing for Administration of the Clean Air Act and the 
Federal Water Pollution Control Act With Respect to Federal Contracts, 
Grants, or Loans,'' 3 CFR, 1971-1975 Comp., p. 799, when he or she 
determines that the paramount interest of the United States so requires 
as provided in these acts and Executive Order and the regulations of 
the EPA (2 CFR 1532.1140).
    (10) Transfer excess research equipment to eligible educational 
institutions or certain non-profit organizations for the conduct of 
technical and scientific education and research activities under 
section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710(i)) (7 CFR part 2812).
    (11) Promulgate policy and obtain and furnish Federal excess 
personal property in accordance with section 923 of Public Law 104-127 
(7 U.S.C. 2206a), to support research, educational, technical and 
scientific activities or for related programs, to:
    (i) Any 1994 Institutions (as defined in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 
301 note)).
    (ii) Any Institutions eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University.
    (iii) Any Hispanic-serving Institutions (as defined in section 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
    (12) Make available to organizations excess or surplus computers or 
other technical equipment of the Department for the purpose of 
distribution to cities, towns, or local government entities in rural 
areas (7 U.S.C. 2206b).
    (13) Issue regulations and directives to implement or supplement 
the Federal Acquisition Regulations (48 CFR chapter 1 and 4).
    (14) Issue regulations and directives to implement or supplement 
the Federal Property Management Regulations (41 CFR chapter 101) and 
the Federal Management Regulation (41 CFR chapter 102).
    (15) [Reserved]
    (16) Pursuant to the Office of Federal Procurement Policy Act 
(Act), as amended (41 U.S.C. 401, et seq.), designate the Department's 
Advocate for Competition with the responsibility for section 20 of the 
Act (41 U.S.C. 418), including:
    (i) Reviewing the procurement activities of the Department.
    (ii) Developing new initiatives to increase full and open 
competition.
    (iii) Developing goals and plans and recommending actions to 
increase competition.
    (iv) Challenging conditions unnecessarily restricting competition 
in the acquisition of supplies and services.
    (v) Promoting the acquisition of commercial items.
    (vi) Designating an Advocate for Competition for each procuring 
activity within the Department.
    (17) Related to compliance with environmental laws and sustainable 
operating requirements.
    (i) Serve as Departmental Management Member and Executive Secretary 
of the USDA Sustainable Operations Council.
    (ii) Represent USDA in consulting or working with the EPA, the 
Council on Environmental Quality, the Domestic Policy Council, and 
others to develop policies relating to hazardous materials management 
and Federal facilities compliance with applicable pollution control 
laws.
    (iii) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (iv) Monitor, review, evaluate, and oversee USDA agency 
expenditures for hazardous materials management program 
accomplishments.
    (v) Represent USDA on the National Response Team and exercise 
responsibility for USDA response efforts for hazardous substance 
releases 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, ``Superfund Implementation,'' 3 CFR, 1987 Comp., 
p. 193; Executive Order 12777, ``Implementation of section 311 of the 
Federal Water Pollution Control Act of October 18, 1972, as amended, 
and the Oil Pollution Act of 1990,'' 3 CFR, 1991 Comp., p. 351, and the 
National Oil and Hazardous Substances Contingency Plan, 40 CFR Part 
300. When a spill of national significance is declared under the Oil 
Pollution Act of 1990, responsibility for USDA response efforts will 
transfer to the Office of Homeland Security and Emergency Coordination, 
as determined by the Assistant Secretary for Administration.
    (vi) 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.
    (vii) 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,'' 3 CFR, 
1994 Comp., p. 859.
    (viii) 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, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193, as 
amended by Executive Order 13016, ``Amendment to Executive Order No. 
12580,'' 3 CFR, 1996 Comp., p. 214.
    (ix) Represent USDA on the EPA Brownfields Federal Partnership and 
coordinate USDA support for Brownfields redevelopment and establish 
policy and guidance for the implementation of the June 2003 amendment 
to Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 
Comp., p. 193 (Executive Order 13308, ``Further Amendment to Executive 
Order 12580, As Amended, Superfund Implementation,'' 3 CFR, 2003 Comp., 
p. 239).
    (18) Related to occupational safety and health.

[[Page 43390]]

    (i) Establish Departmentwide safety and health policy and provide 
leadership in the development, coordination, and implementation of 
related standards, techniques, and procedures, and represent the 
Department in complying with laws, Executive Orders and other policy 
and procedural issuances and related to occupational safety and health 
and workers' compensation programs within the Department.
    (ii) Represent the Department in all rulemaking, advisory, or 
legislative capacities on any groups, committees, or Governmentwide 
activities that affect the USDA Occupational Safety and Health 
Management Program.
    (iii) Determine and provide Departmentwide technical services and 
regional staff support for the safety and health programs.
    (iv) Administer the computerized management information systems for 
the collection, processing, and dissemination of data related to the 
Department's occupational safety and health programs.
    (v) Administer the Department's Occupational Health and Preventive 
Medicine Program, as well as design and operate employee assistance and 
workers' compensation activities.
    (vi) Provide education and training on a Departmentwide basis for 
safety and health-related issues and develop resource and operational 
manuals.
    (19) In coordination with the Chief Financial Officer, implement 
the debarment authorities in section 14211 of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 2209j), in connection with procurement 
activities.
    (b) [Reserved]


Sec.  2.94  Director, Office of Advocacy and Outreach.

    (a) Delegations. Pursuant to Sec.  2.24(a)(7), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Director, Office of Advocacy and 
Outreach:
    (1) Ensure that small farms and ranches, beginning farmers or 
ranchers, and socially disadvantaged farmers or ranchers have access 
to, and equitable participation in, programs and services of the 
Department pursuant to section 226B(c) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6934(c)).
    (2) Oversee the Advisory Committee for Beginning Farmers and 
Ranchers.
    (3) Oversee the operations of the Office of Small Farms 
Coordination.
    (4) Administer section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279), except for authorities related 
to the Census of Agriculture and economic studies in subsection (h) of 
that section.
    (5) Establish and oversee the Minority Farmer Advisory Committee 
pursuant to section 14008 of FCEA (7 U.S.C. 2279 note).
    (6) Administer the low-income migrant and seasonal farmworker 
grants program under section 2281 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a).
    (7) Consult with appropriate entities regarding integration of 
farmworker interests into Department programs, including assisting 
farmworkers in becoming agricultural producers or landowners, and 
research, program improvements, and agricultural education 
opportunities for low-income and migrant seasonal farmworkers.
    (8) Administer the grants program under section 14204 of FCEA (7 
U.S.C. 2008q-1) to improve the supply, stability, safety, and training 
of the agricultural labor force.
    (9) Administer and coordinate a USDA outreach program in 
collaboration with USDA agencies.
    (10) Administer section 2501A of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the 
authority to coordinate Department policy for the issuance of receipts 
under subsection (e) of that section.
    (11) Provide strategic planning and performance measurement, 
coordinate outreach activities, monitor goals and objectives, and 
evaluate programs, of Department programs and activities involving 
small farms or ranches and beginning or socially disadvantaged farmers 
or ranchers.
    (12) Administer the USDA/1994 Land Grant Institutions (Tribal 
Colleges) Programs.
    (13) Administer the USDA/1890 Liaison Officer Program.
    (14) Administer the Hispanic Serving Institutions National Program.
    (b) [Reserved]


Sec.  2.95  Director, Office of Homeland Security and Emergency 
Coordination.

    (a) Delegations from the Secretary. Pursuant to Executive Order 
10450, ``Security Requirements for Government Employment'' (18 FR 2489, 
Apr. 29, 1953); Executive Order 12968, ``Access to Classified 
Information,'' 3 CFR, 1995 Comp., p. 391; Executive Order 13526, 
``Classified National Security Information'' (75 FR 707, Jan. 5, 2010); 
and 5 CFR part 732, and with due deference for delegations to other 
Departmental Management officials, the following delegations of 
authority are made by the Secretary to the Director, Office of Homeland 
Security and Emergency Coordination, pursuant to the Director's 
responsibilities as the Departmental National Security Programs 
Officer, as designated by the Secretary:
    (1) Manage the personnel security functions of the Department, 
which includes sole authority for making eligibility access 
determinations and sponsoring Sensitive Compartmented Information 
clearances; obtaining and granting security clearances for USDA 
employees and consultants and volunteers on authorized agreements; and 
suspending, denying, or revoking access to national security 
information (Executive Order 12968 ``Access to Classified 
Information'', as amended), notwithstanding the Secretary's authority 
to remove an employee for national security reasons as outlined in 5 
U.S.C. 7532.
    (2) Manage, coordinate, develop, and promulgate policies and 
training regarding personnel security, and serve as USDA's personnel 
security liaison to the Office of Personnel Management and Director of 
National Intelligence.
    (3) Review and develop recommendations on classifying, 
declassifying, and safeguarding national security information for which 
the Secretary is responsible as Original Classification Authority.
    (b) Delegations from the Assistant Secretary for Administration. 
Pursuant to Sec.  2.24(a)(8), and with due deference for delegations to 
other Departmental Management officials, the following delegations of 
authority are made by the Assistant Secretary for Administration to the 
Director, Office of Homeland Security and Emergency Coordination:
    (1) Administer the Department Emergency Preparedness Program. This 
includes:
    (i) Coordinate the delegations and assignments made to the 
Department under the Defense Production Act of 1950, 50 U.S.C. App. 
2061, et seq.; the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121, et seq.; and by Executive Orders 12148, 
``Federal Emergency Management,'' 3 CFR, 1979 Comp., p. 412, 12919, 
``National Defense Industrial Resources Preparedness,'' 3 CFR, 1994 
Comp., p. 901, and 12656, ``Assignment of Emergency Preparedness 
Responsibilities,'' 3 CFR, 1988 Comp., p. 585; or any successor to 
these Executive Orders, to ensure that the Department has sufficient 
capabilities to respond to any occurrence, including natural disaster, 
military attack, technological emergency, or any other all hazards 
incident.

[[Page 43391]]

    (ii) Manage the Department Emergency Operations Center at 
Headquarters and the Secretary's alternative facilities; provide senior 
staff with international, national, and regional situational awareness 
reports; and provide and maintain current information systems 
technology and National Security Systems to support USDA executive 
crisis management capability.
    (iii) Provide facilities and equipment to facilitate inter-agency 
coordination during emergencies.
    (iv) Activate the USDA incident management system in accordance 
with the National Response Framework and the National Incident 
Management System in the event of a major incident; and provide 
oversight and coordination of the Department's Emergency Support 
Functions as outlined in the National Response Framework.
    (v) Develop and promulgate policies for the Department regarding 
emergency preparedness and national security, including matters 
relating to anti-terrorism and agriculture-related emergency 
preparedness planning, both national and international, and guidance to 
USDA State and County Emergency Boards.
    (vi) Establish and provide oversight of a Department-wide training 
program for the National Incident Management System to include Incident 
Command System, National Response Framework, Continuity programs, and 
Critical Infrastructure Protection program.
    (vii) Provide representation and liaison for the Department in 
contacts with other Federal entities and organizations, including the 
National Security Council, Homeland Security Council, Office of 
Management and Budget, Department of Homeland Security, Federal 
Emergency Management Agency, Office of The Director of National 
Intelligence, and Department of Defense concerning matters of a 
national security, natural disaster, other emergencies, and 
agriculture/food-related international civil emergency planning and 
related activities.
    (viii) Act as the primary USDA representative for anti-terrorism 
activities.
    (ix) Develop and submit a coordinated budget request for homeland 
security requirements.
    (x) Provide guidance and direction regarding radiological emergency 
preparedness programs and the implementation of the National Response 
Framework's Nuclear/Radiological Incident Annex to Departmental staff 
offices, mission areas, and agencies.
    (xi) Provide program leadership and coordination for USDA's 
radiological emergency preparedness requirements with respect to 
Emergency Management and Assistance (44 CFR parts 350-352).
    (xii) Represent USDA on the Federal Radiological Preparedness 
Coordinating Committee (FRPCC) and Regional Assistance Committees 
(RACs) and assist them in carrying out their functions.
    (xiii) Support USDA in its management of the Department's emergency 
response program with respect to radiological emergency response 
activities.
    (xiv) Exercise responsibility for USDA response efforts when a 
spill of national significance is declared under the Oil Pollution Act 
of 1990, as determined by the Assistant Secretary for Administration.
    (2) Provide for the personal security to the Secretary and the 
Deputy Secretary.
    (3) Serve as the primary point of contact for Government 
Accountability Office (GAO) and Office of the Inspector General (OIG) 
audits of USDA homeland security activities.
    (4) Coordinate interaction between Department agencies and private 
sector businesses and industries in emergency planning and public 
education under Department authorities delegated or assigned under the 
National Response Framework, National Infrastructure Protection Plan, 
Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., and 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 
U.S.C. 5121, et seq.
    (5) Oversee the Department's ability to collect and disseminate 
information and prepare for an agricultural disease emergency, 
agroterrorist act, or other threat to agricultural biosecurity, and 
coordinate such activities among agencies and offices within the 
Department (7 U.S.C. 8912).
    (6) Administer a funded competitive grant program to support the 
development and expansion of advanced training programs in agricultural 
biosecurity planning and response for food science professionals and 
veterinarians; administer a funded competitive grant and low-interest 
loan assistance program to assist States in assessing agricultural 
disease response capability (7 U.S.C. 8913).
    (7) Promulgate Departmental policies, standards, techniques, and 
procedures; and represent the Department in maintaining the security of 
physical facilities and providing security guidance to the Food and 
Agricultural Sector nationwide.
    (i) Lead and coordinate the development and maintenance of a 
mission critical facility inventory with agency involvement to ensure 
proper security countermeasures are implemented in the Department's 
most critical infrastructure.
    (ii) Provide guidance to USDA agencies in matters of physical 
security through use of physical security assessments and development 
of mitigation strategies.
    (iii) Provide guidance to USDA agencies and the Food and 
Agricultural Sector in matters of security through use of assessments 
and development of mitigation strategies.
    (iv) Represent and act as liaison for the Department in contacts 
with other Federal security entities and organizations, including the 
Interagency Security Committee and the Department of Homeland Security.
    (v) Provide guidance and direction to ensure physical security and 
agriculture/food security are fully integrated in USDA's security 
preparations, which are reported to and coordinated with the White 
House.
    (vi) Provide assistance to the USDA agencies in preparation for and 
during a disaster to identify critical assets and possible alternate 
storage locations.
    (vii) Conduct physical security investigations and compliance 
reviews Department-wide.
    (viii) Review and provide coordinated technical physical security 
assessments for all new construction of laboratories, data centers, 
germplasm repositories, and other mission critical infrastructure 
during the design phase, and all leased facilities prior to contract 
award.
    (ix) Oversee and manage physical security aspects of the Common 
Identification Card (LincPass) Program to ensure National Institute of 
Standards and Technology (NIST) and General Services Administration 
(GSA) compliancy within the National Capital Region and the physical 
access to USDA facilities.
    (x) Provide enterprise connectivity to agency physical access 
control systems that provide cost leveraging and provisioning/de-
provisioning nationwide.
    (8) Provide oversight and coordination of the development and 
administration of the Department Continuity Program. This includes:
    (i) Provide guidance and direction regarding continuity of 
operations to the Office of the Secretary, Departmental staff offices, 
mission areas, and agencies.
    (ii) Represent and act as liaison for the Department in contacts 
with other Federal entities and organizations concerning matters of 
assigned continuity program responsibilities.

[[Page 43392]]

    (iii) Oversee Department continuity of operations and emergency 
relocation facility planning, development, equipping, and preparedness 
to ensure that resources are in a constant state of readiness.
    (9) Provide for the development and administration of a Public 
Trust program for the safeguarding of national security information:
    (i) Direct and administer USDA's public trust program established 
pursuant to 5 CFR part 731 and Executive Order 13488, ``Granting 
Reciprocity on Excepted Service and Federal Contractor Employee Fitness 
and Reinvestigating Individuals in Positions of Public Trust'' (74 FR 
4111, Jan. 22, 2009).
    (ii) Direct and administer USDA's program under which information 
is safeguarded pursuant to Executive Order 13526, ``Classified National 
Security Information'' (75 FR 707, Jan. 5, 2010), or subsequent orders.
    (iii) Establish and maintain Information Security policies and 
procedures for classifying, declassifying, safeguarding, and disposing 
of classified national security information and materials.
    (iv) Investigate or delegate authority to investigate any potential 
compromises of classified national security information and take 
corrective action for violations or infractions under section 5.5 (b), 
of Executive Order 13526 or any subsequent order.
    (v) Develop and maintain oversight of all facilities throughout 
USDA where classified national security information is or will be 
safeguarded, discussed, or processed including sole authority to 
liaison with the Central Intelligence Agency concerning guidance, 
approval, requirements, and oversight of USDA secure facilities.
    (vi) Act as the USDA focal point to identify, receive, disseminate 
and safeguard USDA related intelligence information as required; convey 
information to USDA policy officials; and liaise with the intelligence 
community, as appropriate.
    (10) Control within USDA the acquisition, use, and disposal of 
material and equipment that can be a source of ionizing radiation.
    (i) Promulgate policies and procedures for ensuring the safety of 
USDA employees, the public, and the environment resulting from USDA's 
use of ionizing radiation sources.
    (ii) Maintain and ensure compliance with the Nuclear Regulatory 
Commission regulations (Title 10, Code of Federal Regulations) and 
license(s) issued to USDA for the acquisition, use, and disposal of 
radioactive materials.


Sec.  2.96  Director, Office of Operations.

    (a) Delegations. Pursuant to Sec.  2.24(a)(9), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Director, Office of Operations:
    (1) Provide services relating to facilities management and daily 
operational support for agencies and offices occupying USDA's 
headquarters complex, George Washington Carver Center, and, in 
coordination with the General Services Administration (GSA), USDA 
leased facilities in the Washington, DC metropolitan area, as well as 
at emergency relocation sites and certain critical facilities specified 
by the Assistant Secretary for Administration in the following areas:
    (i) Acquiring, leasing, utilizing, constructing, maintaining, and 
disposing of real property, including control of space assignments, and 
architecture and engineering design oversight.
    (ii) Sustainable Operations leadership and management in the areas 
of internal energy efficiency, conservation and recycling in support of 
Executive Orders 13423, ``Strengthening Federal Environmental, Energy, 
and Transportation Management,'' 3 CFR, 2007 Comp., p. 193, and 13514, 
``Federal Leadership in Environmental, Energy, and Economic 
Performance'' (74 FR 52117, Oct. 8, 2009).
    (iii) Occupational health, safety, and related functions; and 
environmental compliance pursuant to Executive Order 12088, ``Federal 
Compliance with Pollution Control Standards,'' 3 CFR, 1978 Comp., p. 
243, to ensure actions are taken for the prevention, control, and 
abatement of environmental pollution.
    (2) Provide centralized Departmental business services including:
    (i) Printing, copy reproducing, offset composing, mail management 
and delivery, and automated mailing lists.
    (ii) USDA Nationwide mail management policy.
    (iii) Operation of a disability resource center for all USDA 
agencies in the Washington, DC metropolitan area and nationwide in the 
areas of accessible technologies and reasonable accommodations.
    (iv) General supplies, shipping and receiving, warehouse and labor 
services.
    (v) Operation of a USDA Consolidated Forms and Publications 
Distribution Center for storage and nationwide distribution of USDA 
program forms and publications.
    (vi) Excess personal property operations with disposition 
responsibility for all USDA agencies in the Washington, DC metropolitan 
area.
    (vii) Operation of a GSA authorized Federal excess property Sales 
Center for USDA property and other government agencies in the 
Washington, DC metropolitan area via Memorandum of Understanding (MOU).
    (3) Promulgate Departmental regulations, standards, techniques, and 
procedures and represent the Department in managing and maintaining a 
comprehensive physical and technical security program including access 
control, management of special police officer and guard services, 
executive driving, parking, ID badging in accordance with HSPD-12, 
occupant emergency and warden services at the USDA Headquarters 
Complex, George Washington Carver Center and, in coordination with GSA, 
USDA leased facilities in the Washington, DC metropolitan area, as well 
as at emergency relocation sites and certain critical facilities 
specified by the Assistant Secretary for Administration.
    (4) Provide management and oversight of the Secretary's People's 
Garden initiative and the USDA Visitor's Center for education and 
outreach to USDA and the public.
    (5) Represent the Department in contacts with other organizations 
or agencies on matters related to assigned responsibilities.
    (b) [Reserved]


Sec.  2.97  Director, Office of the Executive Secretariat.

    (a) Delegations. Pursuant to Sec.  2.24(a)(10), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Director, Office of the Executive 
Secretariat:
    (1) Exercise responsibility for all correspondence control and 
related records management functions for the Office of the Secretary.
    (2) Provide administrative, editorial, and project management 
support services to the Immediate Office of the Secretary.
    (b) [Reserved]


Sec.  2.98  Director, Management Services.

    (a) Delegations. Pursuant to Sec.  2.24(a)(11), and with due 
deference for delegations to other Departmental Management officials, 
the following delegations of authority are made by the Assistant 
Secretary for Administration to the Director, Management Services:
    (1) Provide a full range of services, including: Procurement of 
supplies,

[[Page 43393]]

services, and equipment; travel support, conference management, general 
administrative support including coordination of office renovations and 
moves (within USDA Whitten Building); budget, accounting, fiscal and 
related financial management services; information technology services 
related to end user office automation, desktop computers, enterprise 
networking support, handheld devices and voice telecommunications; with 
authority to take actions required by law or regulation to perform said 
services for:
    (A) The Secretary of Agriculture.
    (B) The general officers of the Department, except the Inspector 
General.
    (C) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (D) Any other offices or agencies of the Department as may be 
agreed.
    (2) Prepare responses to requests under the Freedom of Information 
Act with authority to take actions as required by law or regulation for 
the offices and agencies reporting to the Assistant Secretary for 
Administration.
    (3) Administer the records management program in support of 
Departmental Management, and prepare and coordinate responses to 
management audits by the Inspector General and the Government 
Accountability Office, with authority to take actions as required by 
law or regulation for the offices and agencies reporting to the 
Assistant Secretary for Administration.
    (4) Provide administrative and financial management support in the 
award and administration of grants, cooperative agreements, and 
Memoranda of Understanding in support of Departmental Management 
programs, with authority to take actions as required by law or 
regulation for the offices and agencies reporting to the Assistant 
Secretary for Administration.
    (5) Provide human resources operational services for the following 
(with the exception of Senior Executives, Senior Level positions, and 
Political Appointees):
    (i) The Secretary of Agriculture.
    (ii) The general officers of the Department.
    (iii) The offices and agencies reporting to the Assistant Secretary 
for Administration.
    (iv) Any other offices and agencies of the Department as may be 
agreed.
    (b) [Reserved]

0
29. Revise subpart Q to read as follows:

Subpart Q--Delegations of Authority by the General Counsel

Sec.
2.200 Deputy General Counsel.


Sec.  2.200  Deputy General Counsel.

    Pursuant to Sec.  2.31, the following delegation of authority is 
made by the General Counsel to the Deputy General Counsel, to be 
exercised only during the absence or unavailability of the General 
Counsel: Perform all duties and exercise all powers which are now or 
which may hereafter be delegated to the General Counsel.

0
30. Revise subpart R to read as follows:

Subpart R--Delegations of Authority by the Assistant Secretary for 
Civil Rights

Sec.
2.300 Deputy Assistant Secretary for Civil Rights.


Sec.  2.300  Deputy Assistant Secretary for Civil Rights.

    Pursuant to Sec.  2.88, the following delegation of authority is 
made by the Assistant Secretary for Civil Rights to the Deputy 
Assistant Secretary for Civil Rights, to be exercised only during the 
absence or unavailability of the Assistant Secretary: Perform all 
duties and exercise all powers which are now or which may hereafter be 
delegated to the Assistant Secretary.

0
31. Add a new subpart S to read as follows:

Subpart S--Delegations of Authority by the Chief Information 
Officer

Sec.
2.400 Deputy Chief Information Officer.


Sec.  2.400  Deputy Chief Information Officer.

    Pursuant to Sec.  2.89, the following delegation of authority is 
made by the Chief Information Officer to the Deputy Chief Information 
Officer, to be exercised only during the absence or unavailability of 
the Chief Information Officer: Perform all duties and exercise all 
powers which are now or which may hereafter be delegated to the Chief 
Information Officer.

0
32. Add a new subpart T to read as follows:

Subpart T--Delegations of Authority by the Chief Financial Officer

Sec.
2.500 Deputy Chief Financial Officer.
2.501 Director, Office of Budget and Program Analysis.


Sec.  2.500  Deputy Chief Financial Officer.

    Pursuant to Sec.  2.90, the following delegation of authority is 
made by the Chief Financial Officer to the Deputy Chief Financial 
Officer, to be exercised only during the absence or unavailability of 
the Chief Financial Officer: Perform all the duties and exercise all 
the powers which are now or which may hereafter be delegated to the 
Chief Financial Officer.


Sec.  2.501  Director, Office of Budget and Program Analysis.

    (a) The following delegations of authority are made by the Chief 
Financial Officer 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.
    (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 Government Accountability Office, the 
Department of the Treasury, 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) [Reserved]

    Dated: July 8, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2010-17465 Filed 7-20-10; 4:15 pm]
BILLING CODE 3410-90-P