[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Page 9641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1819]



[[Page 9641]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Delegation of Authority to Under Secretary for Research, 
Education, and Economics

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule reaffirms the delegation of authority from the 
Secretary of Agriculture to the Under Secretary for Research, 
Education, and Economics for requests for the United States Department 
of Agriculture Interested Government Agency (IGA) support for waivers 
of the Immigration and Nationality Act (INA).

DATES: Effective Date: February 22, 2011.

FOR FURTHER INFORMATION CONTACT: Jason Groves, Foreign Visitor 
Specialist, Agricultural Research Service, United States Department of 
Agriculture, Beltsville, MD 20705, (301) 504-4832.

SUPPLEMENTARY INFORMATION: The INA (Title 8 of the U.S. Code) provides 
foreign nationals an opportunity to participate in exchange programs in 
the United States under provisions of the Mutual Educational and 
Cultural Exchange Act (also known as the Fulbright-Hays Act) of 1961. 
At the conclusion of their program, an exchange program participant is 
expected to return to their home country to utilize the experiences and 
skills they acquired while in the U.S. INA Section 212(e) requires 2 
years of foreign residence for individuals whose participation was 
financed by the U.S. Government, or by the government of their 
nationality or legal residence. Individuals admitted to the United 
States who possessed or intended to acquire specialized knowledge or 
skills that the Secretary of State has deemed necessary for the 
development of their country of citizenship or legal residence will 
also be subject to this 2-year requirement. A foreign national is 
ineligible for adjustment to permanent resident status, immigration to 
the United States, or receipt of an employment-based non-immigrant visa 
until the requirement has been satisfied.
    The Secretary of the Department of Homeland Security may waive the 
2-year foreign residence requirement with a favorable recommendation 
from the Secretary of State and pursuant to a request from an 
interested U.S. Government agency on behalf of foreign nationals 
actively and substantially involved in a program or activity sponsored 
by or of interest to such agency. In accordance with 22 CFR 
41.63(c)(2)(3), the head of the agency or their designee shall submit a 
request in writing which fully explains why the granting of a waiver 
would be in the public interest and the detrimental effect that would 
result to the program or activity of interest to the requesting agency 
if the exchange visitor were unable to continue his/her involvement.
    The Secretary of Agriculture has designated the Under Secretary for 
Research, Education, and Economics as USDA's authorized signatory for 
requests for all 2-year foreign residence waivers. 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. Further, since this rule relates 
to internal agency management, it is exempt from the provisions of 
Executive Order No. 12291. Finally, this action is not a rule as 
defined by Public Law 96-354, the Regulatory Flexibility Act and thus 
is exempt from the provisions of that Act.

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).
    Accordingly, the Department of Agriculture amends 7 CFR part 2 as 
follows:

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

0
1. The authority citation for part 2 is revised to read as follows:

    Authority:  5 U.S.C. 301 and Reorganization Plan No. 2 of 1953.


0
2. In Sec.  2.21, paragraph (a)(9) is revised to read as follows:


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

    (a) * * *
    (9) Related to immigration. Serve as the designee of the Secretary 
pursuant to Section 212(e) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1182(e) and 22 CFR 41.63(2)(3).
* * * * *

    Signed at Washington, DC, on January 6, 2011.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2011-1819 Filed 2-18-11; 8:45 am]
BILLING CODE 3410-01-P