Providing an Order of Succession Within the Department of Commerce
Signed December 18, 2001·George W. Bush·66 FR 66260
Source
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Plain-language summary
Sets the order of succession within the Department of Commerce, specifying which officials act as Secretary of Commerce if both the Secretary and Deputy Secretary die, resign, or become unable to serve. The order lists officials in sequence: the General Counsel, followed by the Under Secretaries for International Trade, Economic Affairs, Oceans and Atmosphere (who also heads the National Oceanic and Atmospheric Administration), Technology, and Export Administration, then the Chief Financial Officer/Assistant Secretary for Administration, and finally the Assistant Secretary for Legislative and Intergovernmental Affairs. It excludes anyone serving in one of these listed positions only in an acting capacity from stepping up as Secretary, and preserves the President's discretion to name a different acting Secretary as allowed by law. It also revokes three earlier executive orders that previously addressed succession or related matters within the Department of Commerce: Executive Order 11880, Executive Order 12998, and section 26 of Executive Order 12608.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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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
Revokes: EO 11880, October 2, 1975; EO 12608, September 9, 1987 (in part); EO 12998, April 5, 1996; Amended by: EO 13261, March 19, 2002
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The order, in full
Executive Order 13242 of December 18, 2001
Providing an Order of Succession Within the
Department of Commerce
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
Commerce (Secretary) during any period when both the
Secretary and the Deputy Secretary of Commerce (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) General Counsel of the Department of Commerce;
(b) Under Secretary of Commerce for International
Trade;
(c) Under Secretary of Commerce for Economic
Affairs;
(d) Under Secretary of Commerce for Oceans and
Atmosphere and Administrator of the National Oceanic
and Atmospheric Administration;
(e) Under Secretary of Commerce for Technology;
(f) Under Secretary of Commerce for Export
Administration;
(g) Chief Financial Officer of the Department of
Commerce and Assistant Secretary of Commerce in charge
of Administration; and
(h) Assistant Secretary of Commerce in charge of
Legislative and Intergovernmental Affairs.
Sec. 3. Exceptions.
(a) No individual who is serving in an office
listed in section 2(a)-(h) 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 11880 of October 2, 1975,
Executive Order 12998 of April 5, 1996, and section 26
of Executive Order 12608 of September 9, 1987, are
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.