(a) Delegations. Pursuant to § 2.16 (a)(3) and (a)(6), subject to reservations in § 2.16(b)(2), the following delegations of authority are made by the Under Secretary for Farm and Foreign Agricultural Services to the Administrator, Foreign Agricultural Service:
(1) Coordinate the carrying out by Department agencies of their functions involving foreign agriculture policies and programs and their operations and activities in foreign areas. Act as liaison on these matters and functions relating to foreign agriculture between the Department of Agriculture and the Department of State, the United States Trade Representative, the Trade Policy Committee, the Agency for International Development and other departments, agencies and committees of the U.S. Government, foreign governments, the Organization for Economic Cooperation and Development, the European Union, the Food and Agriculture Organization of the United Nations, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Organization of American States, and other public and private United States and international organizations, and the contracting parties to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO).
(2) Conduct functions of the Department relating to GATT, WTO, the Trade Expansion Act of 1962 (19 U.S.C. 1801et seq. ), the Trade Act of 1974 (19 U.S.C. 2101et seq. ), the Trade Agreements Act of 1979 (19 U.S.C. 2501et seq. ), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901et seq. ), the provisions of subtitle B of title III of the North American Free Trade Agreement Implementation Act (except the provisions concerning the end-use certificate system authorized pursuant to section 321(f) of that Act (19 U.S.C. 3391(f)) delegated to the Administrator, Farm Service Agency), and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers.
(3) Conduct studies of worldwide production, trade, marketing, prices, consumption, and other factors affecting exports and imports of U.S. agricultural commodities; obtain information on methods used by other countries to move farm commodities in world trade on a competitive basis for use in the development of programs of this Department; provide information to domestic producers, the agricultural trade, the public and other interests; and promote normal commercial markets abroad. This delegation excludes basic and long-range analyses of world conditions and developments affecting supply, demand, and trade in farm products and general economic analyses of the international financial and monetary aspects of agricultural affairs as assigned to the Under Secretary for Research, Education, and Economics.
(4) Administer Departmental programs concerned with development of foreign markets for agricultural products of the United States except functions relating to export marketing operations under section 32, of the Act of August 23, 1935, as amended (7 U.S.C. 612c ), delegated to the Assistant Secretary for Marketing and Regulatory Programs.
(5) Exercise the Department's functions with respect to the International Coffee Agreement or any such future agreement.
(6) Administer functions of the Department relating to import controls including, among others, functions under section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624 ), the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202 ), and section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854) but not including those functions reserved to the Secretary under § 2.16(b)(2) and those relating to section 8e of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 608e-1 ), as assigned to the Assistant Secretary for Marketing and Regulatory Programs.
(7) Represent the Department on the Interdepartmental Committee for Export Control and conduct Departmental activities to carry out the provisions of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401 et seq. ), except as reserved to the Secretary under § 2.16(b)(2).
(8) Exercise the Department's responsibilities in connection with international negotiations of the Grains Trade Convention and in the administration of such Convention.
(9) Provide foreign agricultural intelligence and other foreign agricultural services in support of programs administered by the Department under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq. ), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195et seq. ).
(10) Conduct economic analyses pertaining to the foreign sugar situation.
(11) Exercise the Department's functions with respect to the International Sugar Agreement or any such future agreements.
(12) Exercise the Department's responsibilities with respect to tariff-rate quotes for dairy products under chapter 4 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202 ).
(13) Serve as a focal point for handling quality or weight discrepancy inquiries from foreign buyers of U.S. agricultural commodities to insure that they are investigated and receive a timely response and that reports thereof are made to appropriate parties and government officials in order that corrective action may be taken.
(14) Formulate policies and administer programs and activities authorized by the Agricultural Trade Act of 1978, as amended (7 U.S.C. 5601et seq. ).
(15) Formulate policies and administer barter programs under which agricultural commodities are exported.
(16) Perform functions of the Department in connection with the development and implementation of agreements to finance the sale and exportation of agricultural commodities on long-term credit or for foreign currencies under Public Law 480 (7 U.S.C. 1691, 1701et seq. ).
(17) Coordinate within the Department activities arising under Public Law 480 (except as delegated to the Under Secretary for Research, Education, and Economics in § 2.21(a)(8) ), and to represent the Department in its relationships in such matters with the Department of State, any interagency committee on Public Law 480, and other departments, agencies and committees of the Government.
(18) Formulate policies and implement programs to promote the export of dairy products, as authorized under section 153 of the Food Security Act of 1985, as amended (15 U.S.C. 713a-14 ).
(19) Formulate policies and implement a program for the export sales of dairy products, as authorized by section 1163 of the Food Security Act of 1985 (7 U.S.C. 1731 note).
(20) Carry out activities relating to the sale, reduction, or cancellation of debt, as authorized by title VI of the Agricultural Trade and Development Act of 1954, as amended (7 U.S.C. 1738et seq. ).
(22) Allocate among the various export programs agricultural commodities determined under § 2.16(a)(3)(xix) to be available for export.
(23) Maintain a worldwide agricultural intelligence and reporting system, including provision for foreign agricultural representation abroad to protect and promote U.S. agricultural interests, and to acquire information on demand, competition, marketing, and distribution of U.S. agricultural commodities abroad pursuant to title VI of the Agricultural Act of 1954, as amended (7 U.S.C. 1761-176 8).
(24) Plan and carry out programs and activities under the foreign market promotion authority of: The Wheat Research and Promotion Act (7 U.S.C. 1292 note); the Cotton Research and Promotion Act (7 U.S.C. 2101-211 8); the Potato Research and Promotion Act (7 U.S.C. 2611-262 7); the Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-271 8); the Beef Research and Information Act, as amended (7 U.S.C. 2901-291 1); the Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-341 7); the Floral Research and Consumer Information Act of 1981 (7 U.S.C. 4301-431 9); subtitle B of title I of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-451 4); the Honey Research, Promotion, and Consumer Information Act of 1984, as amended (7 U.S.C. 4601-461 3); the Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801-481 9); the Watermelon Research and Promotion Act, as amended (7 U.S.C. 4901-491 6); the Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-601 3); the Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-611 2); the Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201-621 2); the Soybean Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6301-631 1); the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-641 7); the Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer Information Act (7 U.S.C. 6801-681 4); the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101-711 1); the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-742 5); the Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441-745 2); the National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-747 3); and, the Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481-749 1). This authority includes determining the programs and activities to be undertaken and assuring that they are coordinated with the overall departmental programs to develop foreign markets for U.S. agricultural products.
(25) Establish and administer regulations relating to foreign travel by employees of the Department. Regulations will include, but not be limited to, obtaining and controlling passports, obtaining visas, coordinating Department of State medical clearances and imposing requirements for itineraries and contacting the Foreign Agricultural Affairs Officers upon arrival in the Officers' country(ies) of responsibility.
(26) Administer the Foreign Service personnel system for the Department in accordance with 22 U.S.C. 3922, except as otherwise delegated in § 2.80(a)(1), but including authority to represent the Department of Agriculture in all interagency consultations and negotiations with the other foreign agencies with respect to joint regulations and authority to approve regulations issued by the Department of State relating to the administration of the Foreign Service.
(27) Establish and maintain U.S. Agricultural Trade Offices to develop, maintain and expand international markets for U.S. agricultural commodities in accordance with title IV of Pub. L. No. 95-501 (7 U.S.C. 1765a-g ).
(28) Administer the programs under section 416(b) of the Agricultural Act of 1949, as amended (7 U.S.C. 1431(b) ), relating to the foreign donation of CCC stocks of agricultural commodities, except as otherwise delegated in § 2.42(a)(43).
(29) -(30) [Reserved]
(31) Administer programs under the Food for Progress Act of 1985 (7 U.S.C. 1736o ), except as otherwise delegated in § 2.42(a)(43).
(32) Serve as Department adviser on policies, organizational arrangements, budgets, and actions to accomplish International Scientific and Technical Cooperation in Food and Agriculture.
(33) Administer and direct the Department's programs in international development, technical assistance, and training carried out under the Foreign Assistance Act, as amended, as requested under such act (22 U.S.C. 2151et seq. ).
(34) Administer and coordinate assigned Departmental programs in international research and scientific and technical cooperation with other governmental agencies, land grant universities, international organizations, international agricultural research centers, and other institutions (7 U.S.C. 1624, 3291 ).
(35) Direct and coordinate the Department's participation in scientific and technical matters and exchange agreements between the United States and other countries.
(36) Direct and coordinate the Department's work with international organizations and interagency committees concerned with food and agricultural development programs (7 U.S.C. 2201 and 2202 ).
(37) Coordinate policy formulation for USDA international science and technology programs concerning international agricultural research centers, international organizations, and international agricultural research and extension activities (7 U.S.C. 3291 ).
(38) Disseminate, upon request, information on subjects connected with agriculture which has been acquired by USDA agencies that may be useful to the U.S. private sector in expanding foreign markets and investment opportunities through the operation of a Department information center, pursuant to 7 U.S.C. 2201.
(39) Enter into contracts, grants, cooperative agreements, and cost reimbursable agreements relating to agricultural research, extension, or teaching activities (7 U.S.C. 3318, 3319a ).
(40) Determine amounts reimbursable for indirect costs under international agricultural programs and agreements (7 U.S.C. 3319 ).
(42) Determine quantity trigger levels and impose additional duties under the special safeguard measures in accordance with U.S. note 2 to subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202 ).
(43) Implement provisions of the Trade Act of 1974 regarding adjustment assistance for farmers. (19 U.S.C. 2401-240 1g).
(44) Implement section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1 ).
(45) Support remote sensing activities of the Department and research with satellite imagery including:
(i) Providing liaison with U.S. space programs;
(ii) Providing administrative management of the USDA Remote Sensing Archive and the transfer of satellite imagery to all USDA agencies;
(iii) Coordinating all agency satellite imagery data needs; and
(iv) Arranging for acquisition, and preparation of imagery for use to the extent of existing capabilities.
(46) Implement section 3205 of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products, in consultation with the Administrator of the Agricultural Marketing Service.
(47) Implement section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) regarding local and regional food aid procurement projects.
(48) Administer the Borlaug International Agricultural Science and Technology Fellowship Program (7 U.S.C. 3319j ).
(49) Administer the grant program for agricultural biotechnology research and development for developing countries (7 U.S.C. 7631 ).
[60 FR 56393, Nov. 8, 1995, as amended at 61 FR 25776, May 23, 1996; 61 FR 37552, July 18, 1996; 62 FR 40254, July 28, 1997; 68 FR 27443, May 20, 2003; 69 FR 34254, June 21, 2004; 74 FR 3407, Jan. 21, 2009]
Title 7 published on 2013-01-01
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