Providing an Order of Succession Within the Department of Agriculture

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.

    (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.