TITLE 7 - AGRICULTURE

SUBTITLE A - OFFICE OF THE SECRETARY OF AGRICULTURE

PART 2 - DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT

subpart a - GENERAL

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

  (a) Pursuant to Executive Order 13241 (66 FR 66258), as amended by Executive Order 13261 (67 FR 13243), during any period when both the Secretary and the Deputy Secretary have died, resigned, or are otherwise unable to perform the functions and duties of the office of the 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 event of the death, resignation, or inability to perform the duties of Secretary of the immediately preceding official: (1) The Under Secretary for Farm and Foreign Agricultural Services.

  (2) The Under Secretary for Marketing and Regulatory Programs.

  (3) The Under Secretary for Rural Development.

  (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 Under Secretary for Food Safety.

  (8) The General Counsel.

  (9) The Assistant Secretary for Administration.

  (10) The Assistant Secretary for Congressional Relations.

  (b) No official who is serving in an office listed in paragraphs (a)(1) through (a)(10) of this section in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this section.

  (c) Notwithstanding the provisions of this section and Executive Orders 13241 and 13262, the President retains the discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from the order of succession in paragraph (a) of this section in designating an acting Secretary.

[69 FR 34252, June 21, 2004]