[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Presidential Documents]
[Pages 31153-31154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12881]


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  Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / 
Presidential Documents  

[[Page 31153]]


                Executive Order 13612 of May 21, 2012

                
Providing an Order of Succession Within the 
                Department of Agriculture

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Federal Vacancies Reform Act of 
                1998, as amended, 5 U.S.C. 3345 et seq. (the ``Act''), 
                it is hereby ordered that:

                Section 1. Order of Succession. (a) Subject to the 
                provisions of section 2 of this order, and to the 
                limitations set forth in the Act, the following 
                officials of the Department of Agriculture, in the 
                order listed, shall act as and perform the functions 
                and duties of the office of Secretary of Agriculture 
                (Secretary) during any period in which both the 
                Secretary and the Deputy Secretary of Agriculture 
                (Deputy Secretary) have died, resigned, or are 
                otherwise unable to perform the functions and duties of 
                the office of Secretary:

(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); and

(15) Assistant Secretary of Agriculture (Congressional Relations).

                    (b) If any two or more individuals designated in 
                paragraph (11) or (12) of subsection (a) 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.

                Sec. 2. Exceptions. (a) No individual who is serving in 
                an office listed in section 1(a)(1)-(15) of this order 
                in an acting capacity shall, by virtue of so serving, 
                act as Secretary pursuant to this order.

[[Page 31154]]

                    (b) No individual who is serving in an office 
                listed in section 1(a)(1)-(15) of this order shall act 
                as Secretary unless that individual is otherwise 
                eligible to so serve under the Federal Vacancies Reform 
                Act of 1998.
                    (c) Notwithstanding the provisions of this order, 
                the President retains discretion, to the extent 
                permitted by law, to depart from this order in 
                designating an acting Secretary.

                Sec. 3. Revocation. Executive Order 13542 of May 13, 
                2010 (Providing an Order of Succession Within the 
                Department of Agriculture), is hereby revoked.

                Sec. 4. Judicial Review. This order is not intended to, 
                and does not, create any right or benefit, substantive 
                or procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 21, 2012.

[FR Doc. 2012-12881
Filed 5-23-12; 11:15 am]
Billing code 3295-F2-P