Providing an Order of Succession Within the Department of the Treasury
This executive order establishes a specific line of succession for the office of Secretary of the Treasury. If both the Secretary and the Deputy Secretary are unavailable, a designated list of Treasury officials will act as Secretary and perform the office’s duties. The order prioritizes senior Treasury officials (by date of appointment) and includes several key offices such as General Counsel, various Under/Assistant Secretaries, the Chief of Staff, and the commissioners of the Internal Revenue Service and the Bureau of the Fiscal Service. The order also sets limits on who may act as Secretary while serving in an acting capacity, requires eligibility under the Federal Vacancies Reform Act (FVRA), and reserves the President’s discretion to depart from the order. It revokes a prior executive order on succession (EO 13735) and emphasizes compliance with applicable law and appropriations, while noting that the order does not create enforceable rights.
Key Points
- 1Order of succession: If both Secretary and Deputy Secretary are unavailable, acting authority to the Treasury officials proceeds in this sequence:
- 2Eligibility and acting capacity limits: Individuals serving in any of the listed offices in an acting capacity cannot act as Secretary under this order, and those serving must be eligible to act as Secretary under the FVRA or other applicable law.
- 3Presidential discretion: The President retains authority to depart from this order in designating an acting Secretary, as allowed by law.
- 4Revocation of prior order: This order revokes Executive Order 13735 (2016) which previously provided for an order of succession within the Treasury.
- 5General provisions: The order must be implemented consistent with law and appropriations, and it does not alter the core authority of departments, nor create enforceable rights.