Providing an Order of Succession Within the Department of Agriculture
Signed December 18, 2001·George W. Bush·66 FR 66258
Source
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Plain-language summary
Sets the order in which designated officials within the Department of Agriculture will act as Secretary if both the Secretary and Deputy Secretary die, resign, or otherwise cannot perform the duties of the office. The order of succession runs through several Under Secretaries (for Farm and Foreign Agricultural Services, Marketing and Regulatory Programs, Rural Development, Food, Nutrition, and Consumer Services, Natural Resources and Environment, Research, Education, and Economics, and Food Safety), followed by the Department's General Counsel and the Assistant Secretaries for Administration and for Congressional Relations. It specifies that anyone already serving in one of these listed positions in an acting capacity cannot become acting Secretary under this order, and it preserves the President's authority to name a different acting Secretary as permitted by law. It also revokes a prior order, Executive Order 11957, which had previously addressed succession within the department.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Revoked by: EO 13542, May 13, 2010
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The order, in full
Executive Order 13241 of December 18, 2001
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 Subchapter III of Chapter 33 of
title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of
this Executive Order, the officers named in section 2,
in the order listed, shall act as and perform the
functions and duties of the office of Secretary of
Agriculture (Secretary) during any period when 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.
Sec. 2. Order of Succession.
(a) Under Secretary of Agriculture for Farm and
Foreign Agricultural Services;
(b) Under Secretary of Agriculture for Marketing
and Regulatory Programs;
(c) Under Secretary of Agriculture for Rural
Development;
(d) Under Secretary of Agriculture for Food,
Nutrition, and Consumer Services;
(e) Under Secretary of Agriculture for Natural
Resources and Environment;
(f) Under Secretary of Agriculture for Research,
Education, and Economics;
(g) Under Secretary of Agriculture for Food Safety;
(h) General Counsel of the Department of
Agriculture;
(i) Assistant Secretary of Agriculture for
Administration; and
(j) Assistant Secretary of Agriculture for
Congressional Relations.
Sec. 3. Exceptions.
(a) No individual who is serving in an office
listed in section 2(a)-(j) in an acting capacity shall
act as Secretary pursuant to this Executive Order.
(b) Notwithstanding the provisions of this
Executive Order, the President retains discretion, to
the extent permitted by Subchapter III of Chapter 33 of
title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11957 of January 13, 1977, is
hereby revoked.
(Presidential Sig.)B
THE WHITE HOUSE,
December 18, 2001.Reproduced from the Federal Register plain-text record, signed December 18, 2001. Typesetting artifacts are removed; no wording is changed.