
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR2]

[Page 112-113]
 
                          TITLE 7--AGRICULTURE
 
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OF
FICERS OF THE DEPARTMENT--Table of Contents
 
Subpart A--General

Sec. 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).

Sec. 2.2  Authority of the Secretary to prescribe 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 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.

Sec. 2.3  Authority of the Secretary to delegate authority.

    (a) The general authority of the Secretary to make delegations of 
his authority 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 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; and
    (2) Section 212(a)(1) of the Department of Agriculture 
Reorganization Act of 1994, Pub. L. No. 103-354, 7 U.S.C. 6912(a)(1), 
which provides that the Secretary may delegate to any agency, office, 
officer, or employee of the Department the authority to perform 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]

Sec. 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 Farm and Foreign Agricultural 
Services; the Under Secretary for Rural Economic and Community 
Development; the Under Secretary for Food Safety; the Under Secretary 
for Food, Nutrition, and Consumer Services; the Under Secretary for 
Natural Resources and Environment; the Under Secretary for Research, 
Education, and Economics; the Assistant Secretary for Marketing and 
Regulatory Programs; the Assistant Secretary for Congressional 
Relations; the Assistant Secretary for Administration; the General 
Counsel; the Inspector General; the Chief Financial Officer; Chief 
Information Officer; the Judicial Officer; the Director, Office of 
Budget and Program Analysis; the Chief Economist; the Director, National 
Appeals Division; the Director of

[[Page 113]]

Communications; and the Director, Office of Small and Disadvantaged 
Business Utilization.

[60 FR 56393, Nov. 8, 1995, as amended at 65 FR 77756, Dec. 13, 2000]

Sec. 2.5  Order in which officers of the Department shall act as 
          Secretary.

    (a) Pursuant to Executive Order 11957, 3 CFR, 1977 Comp., p. 79, in 
the case of the absence, sickness, resignation, or death of both the 
Secretary and the Deputy Secretary, the officials designated in 
paragraphs (a)(1) through (a)(10) of this section 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 Farm and Foreign Agricultural Services.
    (2) The Under Secretary for Rural Economic and Community 
Development.
    (3) The Under Secretary for Food Safety.
    (4) The Under Secretary for Food, Nutrition, and Consumer Services.
    (5) The Under Secretary for Natural Resources and Environment.
    (6) The Under Secretary for Research, Education, and Economics.
    (7) The General Counsel.
    (8) The Assistant Secretary for Marketing and Regulatory Programs.
    (9) The Assistant Secretary for Administration.
    (10) The Assistant Secretary for Congressional Relations.
    (b) [Reserved]
