PARTS 2600–2609 [RESERVED] (1) Provide policy direction for, and conduct, supervise, and coordinate au- dits and investigations relating to PART 2610—ORGANIZATION, USDA programs and operations. FUNCTIONS, AND DELEGATIONS (2) Review existing and proposed leg- OF AUTHORITY islation and regulations related to USDA programs and operations and Sec. make recommendations to the Sec- 2610.1 General statement. retary and the Congress on the impact 2610.2 Headquarters organization. such laws or regulations will have on 2610.3 Regional organization. the economy and efficiency of program 2610.4 Requests for service. 2610.5 Delegations of authority. administration or in the prevention and detection of fraud and abuse in AUTHORITY: 5 U.S.C. 301, 552; Inspector Gen- USDA programs and operations. eral Act of 1978, as amended, 5 U.S.C. app.; 7 (3) Recommend policies for, and con- U.S.C. 2270. duct, supervise, or coordinate other ac- SOURCE: 81 FR 93574, Dec. 21, 2016, unless tivities carried out or financed by otherwise noted. USDA for the purpose of promoting economy and efficiency in the adminis- § 2610.1 General statement. tration of, or preventing and detecting (a) The Inspector General Act of 1978, fraud and abuse, in USDA programs as amended, 5 U.S.C. app. (IG Act), es- and operations. tablished an Office of Inspector Gen- (4) Recommend policies for, and con- eral (OIG) in the U.S. Department of duct, supervise, or coordinate relation- Agriculture (USDA) and transferred to ships between, USDA and other Fed- it the functions, powers, and duties of eral, State, and local governmental offices referred to in the Department as agencies and nongovernmental entities the ‘‘Office of Investigation’’ and the regarding the promotion of economy ‘‘Office of Audit,’’ previously assigned and efficiency, prevention of fraud and to the OIG created by the Secretary’s abuse, or the identification and pros- Memoranda 1915 and 1727, dated March ecution of participants in fraud and 23, 1977, and October 5, 1977, respec- abuse. tively. Under the IG Act, OIG was es- (5) Keep the Secretary and the Con- tablished as an independent and objec- gress fully and currently informed tive unit, headed by the Inspector Gen- about problems, abuses, and defi- eral (IG), who is appointed by the ciencies, and the necessity for and President and reports to and is under progress of corrective actions in the the general supervision of the Sec- administration of USDA programs and retary. operations. (b) OIG conducts and supervises au- (6) Report expeditiously to the Attor- dits and investigations relating to De- ney General any matter where there partment programs and operations; are reasonable grounds to believe there provides leadership and coordination has been a violation of Federal crimi- and recommends policies for activities nal law. designed to promote economy, effi- (7) Have access to all records, re- ciency, and effectiveness in the admin- ports, audits, reviews, documents, pa- istration of, and to prevent and detect pers, recommendations, or other mate- fraud and abuse in, such programs and rial available to the Department which operations; and provides a means for relate to programs and operations for keeping the Secretary of Agriculture which the IG has responsibility. and the Congress fully and currently (8) Make such investigations and re- informed about problems and defi- ports relating to the administration of ciencies relating to the administration USDA programs and operations as are, of such programs and operations and in the judgment of the IG, necessary or the necessity for and progress of cor- desirable. rective action. (9) Request such information or as- (c) The IG has specific duties, respon- sistance as may be necessary for car- sibilities, and authorities pursuant to rying out the duties and responsibil- the IG Act, including to: ities of the IG Act from any Federal,

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State, or local governmental agency or closure about the rights and remedies unit thereof. against retaliation for protected dis- (10) Issue subpoenas for the produc- closures. tion of information, documents, re- (d) Pursuant to § 2.33 of this title, the ports, answers, records, accounts, pa- Secretary has made the following dele- pers, and other data in any medium gations of authority to the IG: (including electronically stored infor- (1) Advise the Secretary and General mation, as well as any tangible thing) officers in the planning, development, and documentary evidence necessary in and execution of Department policies the performance of functions assigned and programs. by the IG Act, except that procedures (2) At the request of the Secretary’s other than subpoenas shall be used to security office, determine the avail- obtain documents and information ability of OIG law enforcement per- from Federal agencies. sonnel to assist the security office in (11) Whenever necessary in the per- providing for the personal security of formance of functions assigned by the the Secretary and Deputy Secretary. IG Act, administer to or take from any (3) Serve as liaison official for the person an oath, affirmation, or affi- Department for all audits of USDA per- davit, which shall have the same force formed by the Government Account- and effect as if administered or taken ability Office. by or before an officer having a seal. (e) The IG, under section 1337 of the (12) Have direct and prompt access to Agriculture and Food Act of 1981, Pub- the Secretary when necessary for any lic Law 97–98, 7 U.S.C. 2270, and pursu- purpose pertaining to the performance ant to rules issued by the Secretary in of functions and responsibilities under part 1a of this title, has the authority the IG Act. to: (13) Select, appoint, and employ nec- (1) Designate OIG employees who in- essary officers and employees in OIG in vestigate alleged or suspected felony accordance with laws and regulations criminal violations of statutes admin- governing the civil service, including istered by the Secretary of Agriculture an Assistant Inspector General for or any agency of USDA, when engaged Audit (AIG/A) and an Assistant Inspec- in the performance of official duties to: tor General for Investigations (AIG/I). (i) Make an arrest without a warrant (14) Obtain services as authorized by for any such criminal felony violation 5 U.S.C. 3109. if such violation is committed, or if the (15) Enter into contracts and other employee has probable cause to believe arrangements for audits, inspections, that such violation is being committed, studies, analyses, and other services in his/her presence; with public agencies and private per- sons, and make such payments as may (ii) Execute and serve a warrant for be necessary to carry out the provi- an arrest, for the search of premises, or sions of the IG Act, to the extent and the seizure of evidence when issued in such amounts as may be provided in under authority of the United States advance by an appropriation act. upon probable cause to believe that (16) Receive and investigate com- such a violation has been committed; plaints or information from any De- and partment employee concerning the pos- (iii) Carry a firearm. sible existence of an activity consti- (2) Issue directives and take the ac- tuting a violation of law, rules, or reg- tions prescribed by the Secretary’s ulations, or mismanagement, gross rules. waste of funds, abuse of authority, or a substantial and specific danger to the § 2610.2 Headquarters organization. public health and safety. (a) OIG has a headquarters office in (17) Designate a Whistleblower Pro- Washington, DC, and regional offices tection Ombudsman, who will educate throughout the United States. The Department employees about prohibi- headquarters office consists of the im- tions on retaliation for protected dis- mediate office of the IG, which in- closures; and who have made or are cludes three component offices, and contemplating making a protected dis- four operational units.

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(b) Immediate Office Components. (1) programs and operations; coordinates The Director of the Office of Compli- analyses and reports on vulnerability ance and Integrity (OCI) performs inde- assessments; and recommends policies pendent quality assurance and internal and provides technical assistance for control reviews of OIG operations. OCI audit operations. The Auditing head- also investigates allegations of crimi- quarters office consists of the imme- nal and/or serious administrative mis- diate office of the AIG/A and five staff conduct by OIG employees. divisions. (2) Section 3(g) of the IG Act man- (2) The Assistant Inspector General dates that each IG shall obtain legal for Data Sciences carries out OIG’s advice from a counsel either reporting data sciences operations through a directly to the IG or to another IG. headquarters office. OIG officials with- Within USDA–OIG, such legal advice is in ODS perform predictive data anal- provided by the Counsel to the Inspec- ysis, statistical sampling, modeling, tor General. The Office of Counsel (OC) computer matching, data mining, and provides legal advice and representa- data warehousing of USDA programs tion on issues arising during the course and operations in support of OIG au- of audit, investigative, and Office of dits, investigations, and other activi- Data Sciences (ODS) activities or on ties. internal administrative and manage- (3) The AIG/I carries out OIG’s do- ment issues. OC also manages OIG’s mestic and foreign investigative oper- congressional, media relations, ethics, ations through a headquarters office Freedom of Information Act, and Pri- and the five regional offices shown in vacy Act programs; and reviews pro- § 2610.3(b). Investigations officials con- posed legislation, regulations, and pro- cedures. duct operational and intelligence liai- (3) The Director of the Office of Di- son on investigative matters with the versity and Conflict Resolution advises Federal Bureau of Investigation, Se- OIG leadership on applying the prin- cret Service, Internal Revenue Service, ciples of civil rights, equal employ- Interpol, and other Federal, State, and ment opportunity, dispute resolution, local law enforcement organizations; diversity, and inclusion, on matters af- determine the need for investigative fecting the OIG workforce, program ac- action; conduct investigations; prepare tivities, and development of policy. factual reports of investigative find- This office also guides all OIG per- ings; refer reports for appropriate ad- sonnel through the use of the Federal ministrative or legal action; follow up sector employment discrimination on agency actions to assure that OIG complaints and dispute resolution investigative reports have been prop- processes, as needed. erly acted upon; monitor the quality of (c) Operational units. (1) The AIG/A investigative reports; and coordinate carries out the OIG’s domestic and for- activities with the AIG/A. The staff eign audit operations through a head- also conducts special investigations of quarters office and three regional of- major programs, operations, and high fices shown in § 2610.3(a). The staff pro- level officials; can assist the Sec- vides for audit review of information retary’s security office in providing for technology (IT) security throughout the protection of the Secretary and USDA. Auditing officials conduct oper- Deputy Secretary; and receives and ational liaison on audit matters; sched- processes employee complaints con- ule and conduct audits; release audit cerning possible violations of laws, reports to management; monitor agen- rules, regulations or mismanagement. cy action to assure that audit reports The OIG Whistleblower Protection Om- have been properly acted upon through budsman described in § 2610.1(c)(17) is review of Department management fol- located within the Office of Investiga- low up systems; monitor the quality of tions. OIG audit reports; and coordinate ac- (4) The Assistant Inspector General tivities with the AIG/I. The staff also for Management (AIG/M) manages for- provides an integrated approach to mulation of OIG policies and proce- fraud prevention and detection and dures; develops, administers and di- management improvement in USDA rects comprehensive programs for the

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management, budget, financial, per- INVESTIGATIONS REGION, ADDRESS, sonnel, systems improvement, and in- TELEPHONE NUMBER, AND TERRITORY formation activities and operations of OIG; and is responsible for OIG IT and Midwest Region, 111 N. Canal Street, Suite 325, Chicago, Illinois 60606–7296, (312) 353– information management systems. The 1358; Illinois, Indiana, Iowa, Michigan, staff maintains OIG’s directives sys- Minnesota, North Dakota, Ohio, South Da- tem, and Departmental Regulations kota, and Wisconsin. and FEDERAL REGISTER issuances. The Northeast Region, 26 Federal Plaza, Room immediate office of the AIG/M and four 1409, New York, New York 10278–0004, (212) divisions carry out these functions. 264–8400; Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachu- § 2610.3 Regional organization. setts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, (a) Each regional Audit Director is Vermont, Virginia, and West Virginia. responsible to the IG and to the AIG/A Southeast Region, 401 W. Peachtree Street for supervising the performance of all NW., Room 2329, Atlanta, Georgia 30308, OIG auditing activities relating to the (404) 730–3274; Alabama, Florida, Georgia, Department’s domestic and foreign Kentucky, North Carolina, Puerto Rico, programs and operations within an as- South Carolina, Tennessee, and the Virgin Islands. signed geographic area. The addresses Southwest Region, 101 South Main, Room and telephone numbers of the three 311, Temple, Texas 76501, (254) 743–6535; Ar- Audit regional offices and the terri- kansas, Kansas, Louisiana, Mississippi, tories served are as follows: Missouri, Nebraska, New Mexico, Okla- homa, and Texas. AUDIT REGION, ADDRESS, TELEPHONE Western Region, 1333 Broadway, Suite 400, NUMBER, AND TERRITORY Oakland, California 94612, (510) 208–6860; Alaska, Arizona, California, Colorado, Ha- Eastern Region, 5601 Sunnyside Avenue, waii, Idaho, Montana, Nevada, Oregon, Suite 2–2230 (Mail Stop 5300), Beltsville, Territory of Guam, Trust Territories of the Maryland 20705–5300, (301) 504–2100; Ala- Pacific, Utah, Washington, and Wyoming. bama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illi- § 2610.4 Requests for service. nois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mis- (a) Heads of USDA agencies will di- sissippi, New Hampshire, New Jersey, New rect requests for audit or investigative Mexico, New York, North Carolina, Ohio, service to the AIG/A, AIG/I, Audit Di- Oklahoma, Pennsylvania, Puerto Rico, rector, SAC, or to other OIG audit or Rhode Island, South Carolina, Tennessee, investigation officials responsible for Texas, Vermont, Virgin Islands, Virginia, providing service of the type desired in West Virginia, and Wisconsin. the geographical area where service is Midwestern Region, 8930 Ward Parkway, desired. Suite 3016, Kansas City, Missouri 64114, (816) 926–7667; Colorado, Iowa, Kansas, Mis- (b) Agency officials or other employ- souri, Montana, Minnesota, Nebraska, ees may, at any time, direct to the per- North Dakota, South Dakota, Utah, and sonal attention of the IG any audit or Wyoming. investigation matter that warrants Western Region, 1333 Broadway, Suite 400, such attention. Oakland, California 94612, (510) 208–6800; (c) Other persons (i.e., non-USDA per- Alaska, Arizona, California, Hawaii, Idaho, sonnel) may address their communica- Nevada, Oregon, Territory of Guam, Trust tions regarding audit or investigative Territories of the Pacific, and Washington. matters to: The Inspector General, U.S. (b) Each regional Special Agent-in- Department of Agriculture, USDA Stop Charge (SAC) is responsible to the IG 2301, Washington, DC 20250. and to the AIG/I for supervising the (d) OIG has established several chan- performance of all OIG investigative nels for USDA employees and the gen- activities relating to the Department’s eral public to report fraud, waste, domestic and foreign programs and op- abuse, and mismanagement in USDA erations within an assigned geographic programs, or misconduct by a USDA area. The addresses and telephone employee. These include a general OIG numbers of the five Investigations re- Hotline, a Bribery/Assault Line, and gional offices and the territories served (for USDA employees) a Whistleblower are as follows: Ombudsman.

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(1) General fraud, waste, and abuse § 2620.1 General statement. hotline: This part supplements the regula- (i) File complaint online: http:// tions of the Secretary of Agriculture www.usda.gov/oig/hotline.htm (click on implementing the Freedom of Informa- ‘‘Submit a Complaint’’ button); tion Act, 5 U.S.C. 552 (FOIA) (subpart A (ii) Telephone: (800) 424–9121, (202) 690– of part 1 of this title, including the ap- 1622, or (202) 690–1202 (Telecommuni- pendix), and governs the availability of cation Device for the Deaf); records of the Office of Inspector Gen- (iii) Facsimile: (202) 690–2474; or eral (OIG) to the public upon request. (iv) Write a letter to United States Department of Agriculture, Office of § 2620.2 Public inspection. Inspector General, P.O. Box 23399, The FOIA requires that certain mate- Washington, DC 20026. rials be made available for public in- (2) Bribery/Assault Line: (202) 720–7257 spection in an electronic format. OIG (24 hours a day). records are available for public inspec- (3) Whistleblower Protection Om- tion on OIG’s public Web site, https:// budsman. USDA employees may con- www.usda.gov/oig/foia.htm. tact the Ombudsman via email at: [email protected]. Addi- § 2620.3 Requests. tional information about the Ombuds- Requests for OIG records shall be man is available online at https:// submitted to OIG’s Office of Counsel www.usda.gov/oig/ombudsman.htm. and will be processed in accordance with subpart A of part 1 of this title. § 2610.5 Delegations of authority. Specific guidance on how to submit re- (a) AIGs, Directors, and Counsel list- quests (including current contact ed in § 2610.2, and Audit Directors and methods) is available through OIG’s SACs listed in § 2610.3, are authorized Web site, https://www.usda.gov/oig/ to take whatever actions are necessary foiareq.htm, and USDA’s public FOIA to carry out their assigned functions. Web site. This authority may be re-delegated. § 2620.4 Denials. (b) The IG reserves the right to es- tablish audit and investigation poli- If it is determined that a requested cies, program, procedures, and stand- record is exempt from mandatory dis- ards; to allocate appropriated funds; to closure and that discretionary release determine audit and investigative ju- would be improper, the Counsel to the risdiction; and to exercise any of the Inspector General or the Counsel’s des- powers or functions or perform any of ignee shall give written notice of de- the duties referenced in the above dele- nial in accordance with subpart A of gation. part 1 of this title. § 2620.5 Appeals. PART 2620—AVAILABILITY OF The denial of a requested record may INFORMATION TO THE PUBLIC be appealed in accordance with subpart A of part 1 of this title. Appeals shall Sec. be addressed to the Inspector General, 2620.1 General statement. U.S. Department of Agriculture, 1400 2620.2 Public inspection. Independence Avenue SW., Whitten 2620.3 Requests. Building, Suite 441–E, Washington, DC 2620.4 Denials. 20250–2308. The Inspector General will 2620.5 Appeals. give notice of the determination con- AUTHORITY: 5 U.S.C. 301, 552; Inspector Gen- cerning an appeal in accordance with eral Act of 1978, as amended, 5 U.S.C. app. 3. subpart A of part 1 of this title. SOURCE: 81 FR 94230, Dec. 23, 2016, unless otherwise noted. PARTS 2621–2699 [RESERVED]

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