1、132 7 CFR Subtitle A (1112 Edition) 1c.124 eligibility requirements and program criteria, factors such as whether the applicant has been subject to a termi-nation or suspension under paragarph (a) of this section and whether the ap-plicant or the person or persons who would direct or has have direct
2、ed the scientific and technical aspects of an activity has have, in the judgment of the department or agency head, mate-rially failed to discharge responsibility for the protection of the rights and welfare of human subjects (whether or not the research was subject to federal regulation). 1c.124 Con
3、ditions. With respect to any research project or any class of research projects the de-partment or agency head may impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head addi-tional conditions are necessary for the protection of human s
4、ubjects. PART 2DELEGATIONS OF AU-THORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OF-FICERS OF THE DEPARTMENT Subpart AGeneral Sec. 2.1 Establishment of the Department. 2.2 Authority of the Secretary to prescribe regulations. 2.3 Authority of the Secretary to delegate authority. 2.4 General offic
5、ers. 2.5 Order in which officers of the Depart-ment shall act as Secretary. Subpart BGeneral Delegations of Authority by the Secretary of Agriculture 2.7 Authority to supervise and direct. 2.8 Delegations of authority to agency heads to order that the United States flag be flown at half-staff. 2.9 A
6、dditional delegations. 2.10 Limitations. 2.11 New principles and periodic reviews. 2.12 Secretary and general officers not pre-cluded from exercising delegated powers. 2.13 Status of prior delegations. Subpart CDelegations of Authority to the Deputy Secretary, the Under Secre-taries, and Assistant S
7、ecretaries for Congressional Relations and Adminis-tration 2.15 Deputy Secretary. 2.16 Under Secretary for Farm and Foreign Agricultural Services. 2.17 Under Secretary for Rural Develop-ment. 2.18 Under Secretary for Food Safety. 2.19 Under Secretary for Food, Nutrition, and Consumer Services. 2.20
8、Under Secretary for Natural Resources and Environment. 2.21 Under Secretary for Research, Edu-cation, and Economics. 2.22 Under Secretary for Marketing and Regulatory Programs. 2.23 Assistant Secretary for Congressional Relations. 2.24 Assistant Secretary for Administra-tion. Subpart DDelegations of
9、 Authority to Other General Officers and Agency Heads 2.27 Office of Administrative Law Judges. 2.29 Chief Economist. 2.31 General Counsel. 2.33 Inspector General. 2.34 Director, National Appeals Division. 2.35 Judicial Officer. 2.36 Director, Office of Communications. Subpart E Reserved Subpart FDe
10、legations of Authority by the Under Secretary for Farm and Foreign Agricultural Services 2.40 Deputy Under Secretary for Farm and Foreign Agricultural Services. 2.42 Administrator, Farm Service Agency. 2.43 Administrator, Foreign Agricultural Service. 2.44 Administrator, Risk Management Agency and M
11、anager, Federal Crop In-surance Corporation. Subpart GDelegations of Authority by the Under Secretary for Rural Development 2.45 Deputy Under Secretary for Rural De-velopment. 2.47 Administrator, Rural Utilities Service. 2.48 Administrator, Rural Business-Cooper-ative Service. 2.49 Administrator, Ru
12、ral Housing Service. Subpart HDelegations of Authority by the Under Secretary for Food Safety 2.51 Deputy Under Secretary for Food Safe-ty. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00142 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot
13、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-133 Office of the Secretary, USDA Pt. 2 2.53 Administrator, Food Safety and Inspec-tion Service. Subpart IDelegations of Authority by the Under Secretary for Food, Nutrition, and Consumer Services 2.55 Deputy Under Secre
14、tary for Food, Nu-trition, and Consumer Services. 2.57 Administrator, Food and Nutrition Service. Subpart JDelegations of Authority by the Under Secretary for Natural Resources and Environment 2.59 Deputy Under Secretaries for Natural Resources and Environment. 2.60 Chief, Forest Service. 2.61 Chief
15、, Natural Resources Conservation Service. Subpart KDelegations of Authority by the Under Secretary for Research, Edu-cation, and Economics 2.63 Deputy Under Secretary for Research, Education, and Economics. 2.65 Administrator, Agricultural Research Service. 2.66 Director, National Institute of Food
16、and Agriculture. 2.67 Administrator, Economic Research Service. 2.68 Administrator, National Agricultural Statistics Service. 2.69 Director, Office of the Chief Scientist. Subpart LDelegations of Authority by the Chief Economist 2.70 Deputy Chief Economist. 2.71 Director, Office of Risk Assessment a
17、nd Cost-Benefit Analysis. 2.72 Chairman, World Agricultural Outlook Board. 2.73 Director, Office of Energy Policy and New Uses. Subpart M Reserved Subpart NDelegations of Authority by the Under Secretary for Marketing and Regulatory Programs 2.77 Deputy Under Secretary for Marketing and Regulatory P
18、rograms. 2.79 Administrator, Agricultural Marketing Service. 2.80 Administrator, Animal and Plant Health Inspection Service. 2.81 Administrator, Grain Inspection, Pack-ers and Stockyards Administration. Subpart ODelegations of Authority by the Assistant Secretary for Congressional Relations 2.83 Dep
19、uty Assistant Secretary for Con-gressional Relations. 2.85 Director, Office of Intergovernmental Affairs. Subpart PDelegations of Authority by the Assistant Secretary for Administration 2.87 Deputy Assistant Secretary for Admin-istration. 2.88 Assistant Secretary for Civil Rights. 2.89 Chief Informa
20、tion Officer. 2.90 Chief Financial Officer. 2.91 Director, Office of Human Resources Management. 2.92 Director, Office of Small and Disadvan-taged Business Utilization. 2.93 Director, Office of Procurement and Property Management. 2.94 Director, Office of Advocacy and Out-reach. 2.95 Director, Offic
21、e of Homeland Security and Emergency Coordination. 2.96 Director, Office of Operations. 2.97 Director, Office of the Executive Secre-tariat. 2.98 Director, Management Services. Subpart QDelegations of Authority by the General Counsel 2.200 Deputy General Counsel. Subpart RDelegations of Authority by
22、 the Assistant Secretary for Civil Rights 2.300 Deputy Assistant Secretary for Civil Rights. Subpart SDelegations of Authority by the Chief Information Officer 2.400 Deputy Chief Information Officer. Subpart TDelegations of Authority by the Chief Financial Officer 2.500 Deputy Chief Financial Office
23、r. 2.501 Director, Office of Budget and Pro-gram Analysis. AUTHORITY: 5 U.S.C. 301 and Reorganization Plan No. 2 of 1953. SOURCE: 60 FR 56393, Nov. 8, 1995, unless otherwise noted. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on
24、DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-134 7 CFR Subtitle A (1112 Edition) 2.1 Subpart AGeneral 2.1 Establishment of the Department. The Department of Agriculture was created by the Act of May 15, 1862, and by the Act
25、of February 9, 1889, it was made an executive department in the Federal Government under the super-vision and control of the Secretary of Agriculture (7 U.S.C. 2201, 2202, 2204). 2.2 Authority of the Secretary to pre-scribe regulations. The general authority of the Sec-retary to prescribe regulation
26、s gov-erning the work of the Department is based on 5 U.S.C. 301 which provides that the head of an Executive depart-ment may prescribe regulations for the government of his department, the con-duct of its employees, the distribution and performance of its business, and the custody, use and preserva
27、tion of its records, papers, and property. 2.3 Authority of the Secretary to del-egate authority. (a) The general authority of the Sec-retary to make delegations of his au-thority is based on: (1) Section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C. App.), which provides that the Secretary of
28、 Agri-culture may from time to time make such provisions as he shall deem appro-priate authorizing the performance by any other officer, or by an agency or employee, of the Department of Agri-culture of any function of the Sec-retary, including any function trans-ferred to the Secretary by the provi
29、-sions of this reorganization plan; and (2) Section 212(a)(1) of the Depart-ment of Agriculture Reorganization Act of 1994, Pub. L. No. 103354, 7 U.S.C. 6912(a)(1), which provides that the Sec-retary may delegate to any agency, of-fice, officer, or employee of the Depart-ment the authority to perfor
30、m any function transferred to the Secretary under 7 U.S.C. 6912(a) or any other function vested in the Secretary as of the date of the enactment of the Act. (b) Reserved 2.4 General officers. The work of the Department is under the supervision and control of the Sec-retary who is assisted by the fol
31、lowing general officers: The Deputy Secretary, the Under Secretary for Farm and For-eign Agricultural Services; the Under Secretary for Rural Development; the Under Secretary for Food Safety; the Under Secretary for Food, Nutrition, and Consumer Services; the Under Sec-retary for Natural Resources a
32、nd Envi-ronment; the Under Secretary for Re-search, Education, and Economics; the Under Secretary for Marketing and Regulatory Programs; the Assistant Secretary for Congressional Relations; the Assistant Secretary for Adminis-tration; the Assistant Secretary for Civil Rights; the General Counsel; th
33、e Inspector General; the Chief Financial Officer; the Chief Information Officer; the Judicial Officer; the Director, Of-fice of Budget and Program Analysis; the Chief Economist; the Director, Na-tional Appeals Division; and the Direc-tor of Communications. 75 FR 43367, July 23, 2010 2.5 Order in whi
34、ch officers of the De-partment shall act as Secretary. (a) Pursuant to Executive Order 13542, Providing an Order of Succes-sion Within the Department of Agri-culture (75 FR 27921, May 18, 2010), during any period in which both the Secretary and the Deputy Secretary have died, resigned, or are otherw
35、ise unable to perform the functions and duties of the office of Secretary, the following officials designated in para-graphs (a)(1) through (a)(16) of this sec-tion shall act as Secretary, in the order in which they are listed, until such time as the Secretary or Deputy Sec-retary is able to perform
36、 the functions and duties of that office. Each official shall act only in the event of the death, resignation, or inability to perform the functions and duties of Secretary of the immediately preceding official: (1) Assistant Secretary of Agri-culture for Administration. (2) Under Secretary of Agric
37、ulture for Marketing and Regulatory Pro-grams. (3) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. (4) Under Secretary of Agriculture for Food Safety. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK
38、3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-135 Office of the Secretary, USDA 2.8 (5) Under Secretary of Agriculture for Natural Resources and Environ-ment. (6) Under Secretary of Agriculture for Farm and Foreign Agricultural
39、Services. (7) Under Secretary of Agriculture for Rural Development. (8) Under Secretary of Agriculture for Research, Education, and Econom-ics. (9) General Counsel of the Depart-ment of Agriculture. (10) Chief of Staff, Office of the Sec-retary. (11) Director, Kansas City Com-modity Office, Farm Ser
40、vice Agency. (12) State Executive Directors of the Farm Service Agency for the States of California, Iowa, and Kansas, in order of seniority fixed by length of unbro-ken service as State Executive Direc-tor of that State. (13) Regional Administrators of the Food and Nutrition Service for the Mountai
41、n Plains Regional Office (Den-ver, Colorado), Midwest Regional Office (Chicago, Illinois), and Western Re-gional Office (San Francisco, Cali-fornia), in order of seniority fixed by length of unbroken service as Regional Administrator of that Regional Office. (14) Chief Financial Officer of the De-pa
42、rtment of Agriculture. (15) Assistant Secretary of Agri-culture for Civil Rights. (16) Assistant Secretary of Agri-culture for Congressional Relations. (b) If any two or more individuals designated in paragraphs (a)(12) and (a)(13) of this section were sworn in to, or commenced service in, their res
43、pec-tive offices on the same day, prece-dence shall be determined by the al-phabetical order of the State in which the individual serves. (c) No individual who is serving in an office listed in paragraphs (a)(1) through (a)(16) of this section in an acting capacity shall, by virtue of so serving, ac
44、t as Secretary pursuant to this section. (d) No individual who is serving in an office listed in paragraphs (a)(1) through (a)(16) of this section shall act as Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345, et seq.).
45、(e) Notwithstanding the provisions of this section and Executive Order 13542, the President retains discretion, to the extent permitted by law, to depart from the order of succession in para-graph (a) of this section in designating an acting Secretary. 75 FR 43367, July 23, 2010 Subpart BGeneral Del
46、egations of Authority by the Secretary of Agriculture 2.7 Authority to supervise and direct. Unless specifically reserved, or other-wise delegated, the delegations of au-thority to each general officer of the Department and each agency head con-tained in this part includes the author-ity to direct a
47、nd supervise the employ-ees engaged in the conduct of activities under such officials jurisdiction, and the authority to take any action, exe-cute any document, authorize any ex-penditure, promulgate any rule, regula-tion, order, or instruction required by or authorized by law and deemed by the gene
48、ral officer or agency head to be necessary and proper to the discharge of his or her responsibilities. This au-thority will be exercised subject to ap-plicable administrative directives. Un-less otherwise provided, a general offi-cer or agency head may, subject to his or her continuing responsibilit
49、y for the proper discharge of delegations made to him, in this part, delegate and pro-vide for the redelegation of his or her authority to appropriate officers and employees. Subject to the general su-pervision of the Secretary, agency heads who are delegated authority from a general officer, in this part, re-port to and are under the supervision of that general officer. 2.8 Delegations of authority to agen-cy heads to order that the United
