UNITED STATES DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

WASHINGTON, D.C. 20250

August 24, 2012

SECRETARY’S MEMORANDUM 1076-003

Delegation of Authority

Assertion of Privileges in Litigation

1. PURPOSE

The purpose of this memorandum is to delegate to the General Counsel the authority to assert in litigation the deliberative process privilege and other legally-recognized privileges.

2. DELEGATIONS

I hereby delegate to the General Counsel, on a nonexclusive basis, the authority to assert in litigation the deliberative process privilege and other legally-recognized privileges.

3. EXISTING DIRECTIVES

Prior delegations of authority, administrative regulations, and other directives not inconsistent with the provisions of this Memorandum shall remain in full force and effect.

4. EFFECTIVE DATE AND TERMINATION

This delegation is effective immediately and will remain in effect for one year from the effective date, or until such earlier time as the Department’s published delegations of authority have been revised to incorporate the provisions of this memorandum.

/s/Thomas J. Vilsack

Secretary