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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 * *

§ 2.3 Authority of the Secretary to delegate authority.

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

§ 2.4 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 General Counsel; the Assistant Secretary for Administration; the Inspector General; the Judicial Officer; the Director of Science and Education; and the Director, Office of Budget and Program Analysis.

[46 FR 47748, Sept. 30, 1981]

§ 2.5 Order in which Officers of the Department shall act as Secretary.

(a) Pursuant to Executive Order 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 Under Secretary for International Affairs and Commodity Programs and the Under Secretary for Small Com

munity and Rural Development shall act as Secretary in the order in which they have taken office as an Under Secretary. In the event that both Under Secretaries shall have taken office simultaneously, they shall act as Secretary in the order in which they are listed herein.

(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 and 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, and the Assistant Secretary for Economics 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 in which they are listed herein.

(c) 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 Assistant Secretaries referred to in paragraph (b) of this section, the General Counsel shall act as Secretary.

[46 FR 21985, Apr. 15, 1981, as amended at 46 FR 47748, Sept. 30, 1981]

Subpart B-General Delegations of Authority by the Secretary of Agriculture

§ 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, author

ize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer or 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 employees. 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]

§ 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.

§ 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.

§ 2.10 New principles and periodic reviews.

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.

§ 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 officer from exercising any of the authority so delegated.

§ 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 International Affairs and Commodity Programs, the Under Secretary for Small Community and Rural Development, Assistant Secretaries, and the Director of Economics, Policy Analysis and Budget

§ 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]

§ 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]

§ 2.15 Delegations of authority to the Assistant Secretary for Food and Consumer Services.

The following delegations of authority are made by the Secretary of Agriculture 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 Americans 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).

(4) In connection with the functions assigned in paragraphs (b)(1), (2) and

(3) of this section, relating to the distribution and donation of agricultural commodities and products thereof and food coupons to eligible recipients, authority to determine the requirements for such agricultural commodities and products thereof and food coupons to be so distributed.

(5) Receive donation of food commodities under clause (3) of section 416 of the Agricultural Act of 1949, as amended, and section 709 of the Food and Agricultural Act of 1965, as amended.

(b) Related to human nutrition information. (1) Assemble and collect food and nutrition education materials, including the results of nutrition research, training methods, procedures, and other materials related to the purpose of the National Agricultural Research, Extension, and Teaching Policy Act of 1977; maintain such information; and provide for the dissemination of such information and materials on a regular basis to State educational agencies and other interested parties (7 U.S.C. 3126).

(2) Appraise the nutritive content of the U.S. food supply.

(3) Develop and make available data on the nutrient composition of foods needed by Federal, State, and local agencies administering food and nutrition programs, and the general public to improve the nutritional quality of American diets.

(4) Develop family and food plans at different costs for use as standards by families of different sizes, sex-age composition and economic levels.

(5) Develop suitable and safe preparation and management procedures to retain nutritional and eating qualities of food served in homes and institutions.

(6) Develop materials to aid the public in meeting dietary needs, with emphasis on food selection for good nutrition and appropriate costs, and food preparation to avoid waste, maximize nutrient retention, minimize food safety hazards, and conserve energy.

(7) Develop food plans for use in establishing food stamp benefit levels, and assess the nutritional impact of Federal programs.

(8) Design and carry out periodic nationwide food consumption surveys to

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