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Sec. 2.3 Authority of the Secretary to delegate

authority. 2.4 General officers. 2.5 Order in which Officers of the Depart

ment shall act as Secretary.

Subpart B-General Delegations of Authority

by the Secretary of Agriculture

2.7 Authority to supervise and direct. 2.7a Delegations of authority to Agency

Heads to order that the United States

flag be flown at half-staff. 2.8 Additional delegations. 2.9 Limitations. 2.10 New principles and periodic reviews. 2.11 Secretary and general officers not pre

cluded from exercising delegated

powers. 2.12 Status of prior delegations.

(c) The request must be in writing and must be submitted to either the Secretary of Labor or the Secretary of Agriculture as specified in g le.20(c) of this part.

(d) Not later than 3 business days after the request is received, the Secretaries shall provide for notice in the FEDERAL REGISTER of the substance of the request and shall provide the opportunity for interested parties to submit information to the Secretaries on a timely basis. The time allowed for the receipt of such information will be set by the Secretaries.

(e) Before the end of the FY, or within 30 days if the request is received after September 1, the Secretaries, after consideration of any information submitted on a timely basis with respect to the request and any other available information, shall make their determination on the request and provide for notice in the FEDERAL REGISTER. The request shall be granted and the required number of work-days for the FY shall be reduced if, and by the same proportion as, the Secretaries determine that a decrease in the shortage number is justified based upon the showing and circumstances described in paragraph (b) of this section.

(f) There shall be no administrative appeal of the decision of the Secretaries regarding a request for a decrease in the number of work-days required under section 210A(d)(5) of the INA, which shall be the final agency action. (Information collection requirements in paragraph (c) were approved by the Office of Management and Budget under control number 1225-0050) (55 FR 117, Jan. 2, 1990, as amended at 55 FR 14232, Apr. 17, 1990)

Subpart C-Delegations of Authority to the

Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and Assistant Secretaries

2.13 Delegations of authority to the

Deputy Secretary. 2.14 Reservations of authority. 2.15 Delegations of authority to the Assist

ant Secretary for Food and Consumer

Services. 2.16 Reservations of authority. 2.17 Delegations of authority to the Assist

ant Secretary for Marketing and Inspec

tion Services. 2.18 Reservations of authority. 2.19 Delegations of authority to the Assist

ant Secretary for Special Services. 2.20 (Reserved) 2.21 Delegations of authority to the Under

Secretary for International Affairs and

Commodity Programs. 2.22 Reservations of authority. 2.23 Delegations of authority to the Under

Secretary for Small Community and

Rural Development. 2.24 Reservations of authority. 2.25 Delegations of authority to the Assist

ant Secretary for Administration. 2.26 Reservations of authority. 2.27 Delegations of authority to the Assist

ant Secretary for Economics. 2.28. Reservations of authority. 2.29 Delegations of authority to the Assist

ant Secretary for Governmental and

Public Affairs. 2.30 Delegations of authority to the Assist

ant Secretary for Science and Educa

tion. 2.30a Reservations of authority.

PART 2-DELEGATIONS OF AUTHOR

ITY BY THE SECRETARY OF AGRICULTURE AND

AL FICERS OF THE DEPARTMENT

Subpart A-General

Sec. 2.1 Establishment of the Department. 2.2 Authority of the Secretary to prescribe

regulations.

Sec. 2.65 Delegations to the Administrator, Ag.

ricultural Stabilization and Conserva

tion Service. 2.66-2.67 (Reserved) 2.68 Administrator, Foreign Agricultural

Service.

Subpart 1Delegations of Authority by the

Under Secretary for Small Community and
Rural Development

Sec.
Subpart D-Delegation of Authority to Other

General Officers and Agency Heads 2.31 Delegation of authority to the Gener

al Counsel. 2.32 (Reserved) 2.33 Delegations of authority to the In

spector General. 2.34 Reservations of authority. 2.35 Delegations of authority to the Judi

cial Officer. 2.36 Director, Office of Budget and Pro

gram Analysis. 2.37 Reservations of authority. 2.38-2.40 (Reserved) 2.41 Designation to the Office of Adminis

trative Law Judges. 2.42 Delegations of authority to the Chief

of the Forest Service. 2.43 Reservations of authority. 2.44 Delegations of authority to the Chief

of the Soil Conservation Service. 2.45 Reservations of authority.

2.69 Deputy Under Secretary for Small

Community and Rural Development. 2.69a Delegation of authority to the Assist.

ant Under Secretary for Small Commu

nity and Rural Development. 2.70 Delegations to the Administrator,

Farmers Home Administration. 2.71 (Reserved) 2.72 Delegations to the Administrator,

Rural Electrification Administration. 2.73 Manager, Federal Crop Insurance Cor

poration.

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Sec. 2.93 Administrator, Food and Nutrition

Service. 2.94 Director, Office of the Consumer Ad

visor.

Subpart M-Delegations of Authority by the

Assistant Secretary for Governmental and
Public Affairs

thority is based on section 4(a) of Reorganization Plan No. 2 of 1953 which provides:

The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by an agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

2.96 Deputy Assistant Secretary for Gov

ernmental and Public Affairs.

Subpart N-Delegations of Authority by the

Assistant Secretary for Science and Education

2.105 Deputy Assistant Secretary for Sci

ence and Education. 2.106 Administrator, Agricultural Research

Service. 2.107 Administrator, Cooperative State Re

search Service. 2.108 Administrator, Extension Service. 2.109 Director, National Agricultural Li

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

SOURCE: 37 FR 28463, Dec. 27, 1972, unless otherwise noted.

8 2.4 General officers.

The work of the Department is under the supervision and control of the Secretary who is assisted by the following general officers: the Deputy Secretary; the Under Secretary for International Affairs and Commodity Programs; the Under Secretary for Small Community and Rural Development; the Assistant Secretary for Natural Resources and Environment; the Assistant Secretary for Food and Consumer Services; the Assistant Secretary for Marketing and Inspection Services; the Assistant Secretary for Governmental and Public Affairs; the Assistant Secretary for Economics; the Assistant Secretary for Science and Education; the General Counsel; the Assistant Secretary for Administration; the Inspector General; the Judicial Officer; the Director, Office of Budget and Program Analysis; and the Executive Assistant to the Secretary. (48 FR 12685, Mar. 28, 1983)

Subpart A-General

8 2.1 Establishment of the Department.

The Department of Agriculture was created by the Act of May 15, 1862, and by the Act of February 9, 1889, it was made an executive department in the Federal Government under the supervision and control of the Secretary of Agriculture. 7 U.S.C. 2201, 2202, 2204.

8 2.2 Authority of the Secretary to pre

scribe regulations. The general authority of the Secretary to prescribe regulations governing the work of the Department is based on 5 U.S.C. 301 which provides in part, that:

The head of an executive department *** may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use and preservation of its records, papers, and property

8 2.5 Order in which Officers of the De.

partment shall act as Secretary. (a) Pursuant to Executive Order No. 11957, dated January 13, 1977 (42 FR 3295), in the case of the absence, sickness, resignation, or death of both the Secretary and the Deputy Secretary, the officials designated below shall act as Secretary in the order in which they are listed. Each official shall act only in the absence, sickness, resignation, or death of the immediately preceding official:

(1) The Under Secretary for International Affairs and Commodity Programs;

(2) The Under Secretary for Small Community and Rural Development;

(3) The General Counsel.

8 2.3 Authority of the Secretary to dele

gate authority. The general authority of the Secretary to make delegations of his au

ployees. Subject to the general supervision of the Secretary, agency heads who are delegated authority from a general officer, in this part or elsewhere, report to and are under the supervision of that general officer. (39 FR 13625, Apr. 16, 1974)

(b) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and the General Counsel, the Assistant Secretary for Marketing and Inspection Services, the Assistant Secretary for Food and Consumer Services, the Assistant Secretary for Natural Resources and Environment, the Assistant Secretary for Economics, the Assistant Secretary for Science and Education, the Assistant Secretary for Governmental and Public Affairs, and the Assistant Secretary for Administration shall act as Secretary in the order in which they have taken office as an Assistant Secretary. In the event that any two or more Assistant Secretaries shall have taken office on the same date they shall act as Secretary in the order listed herein.

$ 2,7a Delegations of authority to Agency

Heads to order that the United States

flag be flown at half-staff. Pursuant to section 5 of Presidential Proclamation No. 3044, as amended, each general officer and agency head is delegated authority to order that the United States flag shall be flown at half-staff on buildings and grounds under his or her jurisdiction or control. This authority shall be exercised in accordance with regulations promulgated by the Director, Officer of Operations. (54 FR 38643, Sept. 20, 1989)

(54 FR 16097, Apr. 21, 1989)

Subpart B-General Delegations of

Authority by the Secretary of
Agriculture

8 2.8 Additional delegations.

The authority granted to a general officer may be exercised in the discharge of any additional functions which the Secretary may assign.

8 2.9 Limitations.

The delegations made in this part shall not be construed to confer upon any general officer or agency head the authority of the Secretary to prescribe regulations which by law require approval of the President.

8 2.7 Authority to supervise and direct.

Unless specifically reserved, or otherwise delegated, the delegations of authority to each general officer of the Department and each agency head contained in this part or elsewhere includes the authority to direct and supervise the employees engaged in the conduct of activities under his jurisdiction, and the authority to take any action, execute any document, authorize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer agency head to be necessary and proper to the discharge of his responsibilities. This authority will be exercised subject to applicable administrative rules and regulations. Unless otherwise provided, a general officer or agency head may, subject to his continuing responsibility for the proper discharge of delegations made to him, in his part or elsewhere, delegate and provide for the redelegation of his authority to appropriate officers and em

8 2.10 New principles and periodic re

views. In the exercise of authority delegated by the Secretary, the application of new principles of major importance or a departure from principles established by the Secretary should be brought to the attention of the Secretary. General officers are responsible for assuring that periodic reviews are conducted of the activities of the agencies assigned to their direction and supervision, as required by 5 U.S.C. 305.

or

8 2.11 Secretary and general officers not

precluded from exercising delegated

powers. No delegation of authority by the Secretary or a general officer contained in this part or elsewhere shall preclude the Secretary or general offi. cer from exercising any of the authority so delegated.

8 2.12 Status of prior delegations.

Nothing in this part shall affect the bylaws of the Commodity Credit Corporation, the Federal Crop Insurance Corporation, or the Rural Telephone Bank. All delegations previously made which are inconsistent with delegations made in this part are superseded; however, any regulation, order, authorization, expenditure, or other instrument, heretofore issued or made pursuant to any delegation of authority shall continue in full force and effect unless and until withdrawn or superseded pursuant to authority granted in this part.

Subpart C-Delegations of Authority

to the Deputy Secretary, the Under Secretary for International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, and Assistant Secretaries

8 2.15 Delegations of authority to the As

sistant Secretary for Food and Con

sumer Services. The following delegations of authority are made by the Secretary of Agri. culture to the Assistant Secretary for Food and Consumer Services:

(a) Related to food and nutrition. (1) Administer the following legislation:

(i) The Food Stamp Act of 1964, as amended (7 U.S.C. 2011-2025).

(ii) National School Lunch Act of 1946, as amended (42 U.S.C. 17511763), except procurement of agricultural commoditites and other foods under section 6 thereof.

(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1785).

(2) Administer those functions relating to the distribution and donation of agricultural commodities and products thereof under the following legislation:

(i) Clause (3) of section 416, Agricultural Act of 1949, as amended (7 U.S.C. 1431), except the estimate and announcement of the types and varieties of food commodities, and the quantities thereof, to become available for distribution thereunder.

(ii) Section 709 of the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1).

(iii) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), as supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related legislation.

(iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b).

(v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), except with respect to donations to Federal penal and correctional institutions.

(vi) Section 402 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1922).

(vii) Section 707 of the Older Ameri. cans Act of 1965, as amended (42 U.S.C. 3045f).

(viii) Sections 203 and 233 of the Disaster Relief Act of 1970 (42 U.S.C. 4413, 4457).

(3) Administer those functions relating to the distribution of food coupons under section 238 of the Disaster Relief Act of 1970 (42 U.S.C. 4457).

8 2.13 Delegations of authority to the

Deputy Secretary. The following delegations of authority are made by the Secretary of Agriculture to the Deputy Secretary:

(a) General. Perform all of the duties and exercise all of the powers and functions which are now or which may hereafter be, vested in the Secretary of Agriculture. This delegation is subject to the limitation in $ 2.9. [37 FR 28463, Dec. 27, 1972. Redesignated and amended at 42 FR 35626, July 11, 1977; 42 FR 60721, Nov. 29, 1977)

8 2.14 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture. (37 FR 28463, Dec. 27, 1972, as amended at 41 FR 3463, Jan. 23, 1976. Redesignated at 42 FR 35626, July 11, 1977)

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