“ No individual who is serving in an office listed in section 1 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 shall act as Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998. ”

“ Chief Financial Officer of the Department of Agriculture; (15) Assistant Secretary of Agriculture for Civil Rights; and (16) Assistant Secretary of Agriculture for Congressional Relations. (b) If any two or more individuals designated in paragraphs (12) and (13) 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. ”