(a) Pursuant to Executive Order 13612, ``Providing an Order of Succession Within the Department of Agriculture'' (77 FR 31153, May 24, 2012), during any period in which both the Secretary and the Deputy Secretary have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary, the following officials designated in paragraphs (a)(1) through (a)(15) 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 functions and duties of Secretary of the immediately preceding official:
(1) Under Secretary of Agriculture for Farm and Foreign Agricultural Services.
(2) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
(3) Assistant Secretary of Agriculture for Administration.
(4) Under Secretary of Agriculture for Research, Education, and Economics.
(5) Under Secretary of Agriculture for Food Safety.
(6) Under Secretary of Agriculture for Natural Resources and Environment.
(7) Under Secretary of Agriculture for Rural Development.
(8) Under Secretary of Agriculture for Marketing and Regulatory Programs.
(9) General Counsel of the Department of Agriculture.
(10) Chief of Staff, Office of the Secretary.
(11) State Executive Directors of the Farm Service Agency for the States of California, Iowa, and Kansas, in order of seniority fixed by length of unbroken service as State Executive Director of that State.
(12) Regional Administrators of the Food and Nutrition Service for the Mountain Plains Regional Office (Denver, Colorado), Midwest Regional Office (Chicago, Illinois), and Western Regional Office (San Francisco, California), in order of seniority fixed by length of unbroken service as Regional Administrator of that Regional Office.
(13) Chief Financial Officer of the Department of Agriculture.
(14) Assistant Secretary of Agriculture (Civil Rights).
(15) Assistant Secretary of Agriculture (Congressional Relations).
(b) If any two or more individuals designated in paragraphs (a)(11) or (a)(12) of this section were sworn in to, or commenced service in, their respective offices on the same day, precedence shall be determined by the alphabetical 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)(15) of this section shall, by virtue of so serving, act as Secretary pursuant to this section.
(d) No individual who is serving in an office listed in paragraphs (a)(1) through (a)(15) 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.).
(e) Notwithstanding the provisions of this section and Executive Order 13612, the President retains discretion, to the extent permitted by law, to depart from the order of succession in paragraph (a) of this section in designating an acting Secretary. [78 FR 40936, July 9, 2013]