95-25124. Organization, Functions, and Delegations of Authority

[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52840-52842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25124]



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DEPARTMENT OF AGRICULTURE
Office of Inspector General

7 CFR Part 2610


Organization, Functions, and Delegations of Authority

AGENCY: Office of Inspector General, USDA.

ACTION: Final rule.

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SUMMARY: The Office of Inspector General amends its regulation relating 
to organization, functions, and delegations of authority. The 
amendments are necessary to reflect a reorganization of the Office of 
Inspector General.

EFFECTIVE DATE: October 11, 1995.

FOR FURTHER INFORMATION CONTACT: Paula F. Hayes, Assistant Inspector 
General for Policy Development and Resources Management, Office of 
Inspector General, U.S. Department of Agriculture, Ag Box 2310, 
Washington D.C. 20250 (202-720-6979)

SUPPLEMENTARY INFORMATION: This rule relates to internal agency 
management. Therefore, pursuant to 5 U.S.C. 553, it is found upon good 
cause that notice and other public procedures with respect thereto are 
unnecessary and contrary to the public interest, and good cause is 
found for making this rule effective less than 30 days after 
publication in the Federal Register. Further, because this rule relates 
to internal agency management, it is exempt from the provisions of 
Executive Order 12291. Lastly, this action is not a rule as defined in 
Pub. L. 96-354, the Regulatory Flexibility Act, and thus is exempt from 
the provisions of that Act.

List of Subjects in 7 CFR Part 2610

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    According, part 2610 is revised as follows:

PART 2610--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

Sec.
2610.1  General statement.
2610.2  Headquarters organization.
2610.3  Regional organization.
2610.4  Requests for service.
2610.5  Delegations of authority.

    Authority: 5 U.S.C. 301 and 552, Pub. L. 95-452, 5 U.S.C. App., 
and Pub. L. 97-98, 7 U.S.C. 2270.


Sec. 2610.1  General statement.

    (a) The Inspector General Act of 1978 as amended, Pub. L. 95-452, 5 
U.S.C. App., establishes an Office of Inspector General (OIG) in the 
U.S. Department of Agriculture (USDA) and transfers to it the 
functions, powers, and duties of offices referred to in the Department 
as the ``Office of Investigation'' and the ``Office of Audit,'' 
previously assigned to the OIG created by the Secretary's Memoranda 
1915 and 1727, dated March 23, 1977, and October 5, 1977, respectively. 
Under this Act, OIG is established as an independent and objective 
unit, headed by the Inspector General (IG), who is appointed by the 
President and reports to and is under the general supervision of the 
Secretary.
    (b) The mission of OIG is to provide policy direction; to conduct, 
supervise, and coordinate audits and investigations of USDA programs 
and operations to determine efficiency and effectiveness; to prevent 
and detect fraud and abuse in such programs and operations; and to keep 
the Secretary and the Congress informed of problems and deficiencies 
relative to the programs and operations.
    (c) The Secretary has made the following delegations of authority 
to the IG (7 CFR 2.33):
     (1) Advise the Secretary and General Officers in the planning, 
development, and execution of Department policies and programs.
    (2) Provide for the personal security of the Secretary and Deputy 
Secretary.
    (3) Serve as liaison official for the Department for all audits of 
USDA performed by the General Accounting Office.
    (4) In addition to the above delegations of authority, the IG, 
under the general supervision of the secretary, has specific duties, 
responsibilities, and authorities pursuant to the Act, including:
    (i) Conduct and supervise audits and investigations relating to 
programs and operations of the Department.
    (ii) Provide leadership, coordination, and policy recommendations 
to promote economy, efficiency, and effectiveness, and to prevent and 
detect fraud and abuse in the administration of the Department's 
program and operations.
    (iii) Keep the Secretary and the congress fully and currently 
informed about problems and deficiencies and the necessity for and 
progress of corrective actions in the administration of the 
Department's programs and operations.
    (iv) Make such investigations and reports relating to the 
administration of programs and operations of the Department as are in 
the judgment of the IG, necessary or desirable.
    (v) Review existing and proposed legislation and regulations and 
make recommendations to the Secretary and the Congress on the impact 
such laws or regulations will have on the economy and efficiency of 
program administration or in the prevention and detection of fraud and 
abuse in the programs and operations of the Department.
    (vi) Have access to all records, reports, audits, reviews, 
documents, papers, recommendations, or other material available to the 
Department which relate to programs and operations for which the IG has 
responsibility.
    (vii) Report expeditiously to the Attorney General any matter where 
there are reasonable grounds to believe there has been a violation of 
Federal criminal law.
    (viii) Issue subpoenas to other than Federal agencies for the 
production of information, documents, reports, answers, records, 
accounts, papers, and other data and documentary evidence necessary in 
the performance of functions assigned by the Act.
    (ix) Receive and investigate complaints or information from any 
Department employee concerning possible violations of laws, rules or 
regulations, or mismanagement, gross waste of funds, abuse of 
authority, or substantial and specific dangers to the public health and 
safety.
    (x) Select, appoint, and employ necessary officers and employees in 
OIG in accordance with laws and regulations governing the civil 
service, including an Assistant Inspector General for Auditing and an 
Assistant Inspector General for Investigations.
    (xi) Obtain services as authorized by Section 3109 of Title 5, 
United States Code.
    (xii) Enter into contracts and other arrangements for audits, 
inspections, studies, analyses, and other services with public agencies 
and private persons, and make such payments as may be necessary to 
carry out the provisions of the Act to the extent and in such amounts 
as may be provided in an appropriation act.

[[Page 52841]]

    (d) The IG, under the Agriculture and Food Act of 1981, Pub. L. 97-
98, 7 U.S.C. 2270, and pursuant to rules issued by the Secretary in 7 
CFR part 1a, has the authority to:
    (1) Designate employees of the Office of Inspector General who 
investigate alleged or suspected felony criminal violations of statutes 
administered by the Secretary of Agriculture or any agency of USDA, 
when engaged in the performance of official duties to:
    (i) Execute and serve a warrant for an arrest, for the search of 
premises, or the seizure of evidence when issued under authority of the 
United States upon probable cause to believe that such a violation has 
been committed;
    (ii) Make an arrest without a warrant for any such violation if 
such violation is committed or if the employee has probable cause to 
believe that such violation is being committed in his/her presence; and
    (iii) Carry a firearm.
    (2) Issue directives and take the actions prescribed by the 
Secretary's rules.


Sec. 2610.2  Headquarters organization.

    (a) The OIG has a headquarters office in Washington, DC, and 
regional offices throughout the United States. The headquarters office 
consists of the immediate office of the IG and three operational units.
    (b) Operational units. (1) The Assistant Inspector General for 
Policy Development and Resources Management (AIG/PD&RM) formulates OIG 
policies and procedures; develops, administers and directs 
comprehensive programs for the management, budget, financial, 
personnel, systems improvement, and information activities and 
operations of OIG; and is responsible for OIG automated date processing 
(ADP) and OIG information management systems. The staff maintains OIG's 
directives system; Departmental Regulations and Federal Register 
issuances; administers the Freedom of Information and Privacy Acts, 
which includes requests received from the Congress, other Federal 
agencies, intergovernmental organizations, the news media, and the 
public; and provides for the administration of an OIG EEO program, 
including affirmative action. The immediate office of the AIG/PD&RM and 
two divisions carry out these functions.
    (2) The Assistant Inspector General for Audit (AIG/A) carries out 
the OIG's domestic and foreign audit operations through a headquarters 
office, a Financial Management and ADP Audit Operations staff located 
in Kansas City, Missouri, and six regional offices shown in 
Sec. 2610.3(a). The staff provides a continual audit review of ADP 
security throughout USDA. Auditing officials conduct operational 
liaison on audit matters; schedule and conduct audits; release audit 
reports to management; follow agency action to assure that audit 
reports have been properly acted upon through review of Department 
management follow up system; monitor the quality of OIG audit reports; 
and coordinate activities with the Assistant inspector General (AIG) 
for Investigations. The staff also provides an integrated approach to 
fraud prevention and detection and management improvement in USDA 
programs and operations; reviews Department legislation and regulations 
through the involvement and cooperation of the Department's principal 
officers and program managers; coordinates analyses and reports on the 
conduct of fraud vulnerability assessments; and recommends policies and 
provides technical assistance for investigative and audit operations. 
The Auditing headquarters office consists of the immediate office of 
the AIG/A and four staff divisions.
    (3) The Assistant Inspector General for Investigations (AIG/I) 
carries out the OIG's domestic and foreign investigative operations 
through a headquarters office and the seven regional offices shown in 
Sec. 2610.3(b). Investigations officials conduct operational and 
intelligence liaison on investigative matters with the FBI, Secret 
Service, Internal Revenue Service (IRS), Interpol, and other Federal 
and State law enforcement organizations; determine the need for 
investigative action; conduct investigations; prepare factual reports 
of investigative findings; refer reports for appropriate administrative 
or legal action; followup on agency actions to assure that OIG 
investigative reports have been properly acted upon; monitor the 
quality of investigative reports; and coordinate activities with the 
AIG/A. The staff also conducts special investigations of major 
programs, operations, and high level officials; provides for the 
protection of the Secretary and Deputy Secretary; receives and 
processes employee complaints concerning possible violations of laws, 
rules, regulations or mismanagement. The Investigations headquarters 
office consists of the immediate office of the AIG/I and three staff 
divisions.


Sec. 2610.3  Regional organization.

    (a) Each Regional Inspector General for Audit (RIG/A) is 
responsible to the IG and to the AIG/A for supervising the performance 
of all OIG auditing activities relating to the Department's domestic 
and foreign programs and operations within an assigned geographic area. 
The addresses and telephone numbers of the six Audit Regional Offices 
and the territories served are as follows:

Audit Region, Address, Telephone Number, and Territory

Northeast Region, ATTN: Suite 5D06, 4700 River Road, Unit 151, 
Riverdale, Maryland 20737-1237, [phone]; Connecticut, 
Delaware, District of Columbia, Maine, Maryland, Massachusetts, New 
Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode 
Island, Virgin Islands, Vermont, Virginia, and West Virginia.
Southeast Region, 401 W. Peachtree Street NW., Room 2328, Atlanta, 
Georgia 30365-3520, [phone]; Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and 
Tennessee.
Midwest Region, 111 N. Canal Street, Suite 1130, Chicago, Illinois 
60606-7295, [phone]; Illinois, Indiana, Michigan, Minnesota, 
Ohio, and Wisconsin.
Southwest Region, 101 South Main, Room 324, Temple, Texas 76501, 
[phone]; Arkansas, Louisiana, New Mexico, Oklahoma, and 
Texas.
Great Plains Region, 9435 Holmes, Room 233, Kansas City, Missouri 
64131, Mailing address: PO Box 293, Kansas City, Missouri 64141, 
[phone]; Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, 
North Dakota, South Dakota, Wyoming, and Utah.
Western Region, 600 Harrison Street, Suite 225, San Francisco, 
California 94107, [phone]; Alaska, Arizona, California, 
Hawaii, Idaho, Nevada, Oregon, Territory of Guam, Trust Territories 
of the Pacific, and Washington.

    (b) Each RIG/I is responsible to the IG and to the AIG/I for 
supervising the performance of all OIG investigative activities 
relating to the Department's domestic and foreign programs and 
operations within an assigned geographic area. The addresses and 
telephone numbers of the seven Investigations Regional Offices and the 
territories served are as follows:

Investigations Region, Address, Telephone Number, and Territory

North Atlantic Region, 26 Federal Plaza, Room 1409, New York, New 
York 10278, [phone]; Connecticut, Maine, Massachusetts, New 
Hampshire, New Jersey, New York, Puerto Rico, Rhode Island, Vermont, 
and Virgin Islands. 

[[Page 52842]]

Northeast Region, ATTN: Suite 5D06, 4700 River Road, Unit 151, 
Riverdale, Maryland 20737-1237, [phone]; Delaware, District 
of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.
Southeast Region, 401 W. Peachtree Street NW., Room 2329, Atlanta, 
Georgia 30365-3520, [phone]; Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and 
Tennessee.
Midwest Region, 111 N. Canal Street, Suite 1130, Chicago, Illinois 
60606-7295, [phone]; Illinois, Indiana, Michigan, Minnesota, 
Ohio, and Wisconsin.
Southwest Region, 101 South Main, Room 311, Temple, Texas 76501, 
[phone]; Arkansas, Louisiana, New Mexico, Oklahoma, and 
Texas.
Great Plains Region, 9435 Holmes, Room 210, Kansas City, Missouri 
64131, Mailing address: PO Box 293, Kansas City, Missouri 64141, 
[phone]: Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, 
North Dakota, South Dakota, Wyoming, and Utah.
Western Region, 600 Harrison Street, Room 225, San Francisco, 
California 94107, [phone]; Alaska, Arizona, California, 
Hawaii, Idaho, Nevada, Oregon, Territory of Guam, Trust Territories 
of the Pacific, and Washington.


Sec. 2610.4  Requests for service.

    (a) Heads of USDA agencies will direct requests for audit or 
investigative service to the AIG/A, AIG/I, RIG/A, RIG/I, or to other 
OIG audit or investigation officials responsible for providing service 
of the type desired in the geographical area where service is desired.
    (b) Agency officials or other employees may, at any time, direct to 
the personal attention of the IG any audit or investigation matter that 
warrants such attention.
    (c) Other persons may address their communications regarding audit 
or investigative matters to: The Inspector General, U.S. Department of 
Agriculture, Ag Box 2301, Washington, DC 20250. Additionally, persons 
may call or write the hotline office at 202-690-1622, 1-800-424-9121, 
TDD 202-690-1202, or Office of Inspector General, PO Box 23399, 
Washington, DC 20026. Bribes involving USDA programs may be reported 
using the 24 hour bribery hotline number at 202 720-7257.


Sec. 2610.5  Delegations of authority.

    (a) AIG's listed in Sec. 2610.2; and RIG's listed in Sec. 2610.3, 
are authorized to take whatever actions are necessary to carry out 
their assigned functions. This authority may be redelegated.
    (b) The IG reserves the right to establish audit and investigation 
policies, program, procedures, and standards; to allocate appropriated 
funds; to determine audit and investigative jurisdiction; and to 
exercise any of the powers or functions or perform any of the duties 
referenced in the above delegation.

    Issued at Washington, DC, this 3rd day of October, 1995.
Roger C. Viadero,
Inspector General.
[FR Doc. 95-25124 Filed 10-10-95; 8:45 am]
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