In the July 15, 2016, Federal Register, USDA issued a final rule authorizing the Secretary of Agriculture to establish a First Assistant to each office within the USDA to which appointment is required to be made by the President with the advice and consent of the Senate. Federal law provides that when an officer of an executive agency whose appointment is required to be made by the President with the advice and consent of the Senate dies, resigns, or is otherwise unable to perform the functions and duties of the office, the First Assistant to the office of such officer may perform temporarily the functions and duties of the office in an acting capacity. The rule was effective July 15, 2016.

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