“ Sec. 3.⁠Exceptions.
(a) ⁠ No individual who has not been appointed by the President by and with the consent of the Senate shall act as Secretary pursuant to this order. (b) ⁠ No individual who is serving in an office listed in section 2 (a) - (m) in an acting capacity shall act as Secretary pursuant to this order. (c) ⁠ Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Secretary. ”