Providing an Order of Succession Within the Department of the Treasury
Signed December 18, 2001·George W. Bush·66 FR 66270
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Sets an order of succession for the office of Secretary of the Treasury, to apply if both the Secretary and Deputy Secretary die, resign, or become unable to serve. Officers act in this sequence: Under Secretaries of the Treasury, including the Under Secretary for Enforcement, in order of when they took office; then the General Counsel of the Department of the Treasury; then Deputy Under Secretaries and Senate-confirmed Assistant Secretaries, in order of when they took office. Officials serving in an acting capacity in these positions are excluded from acting as Secretary under this order, and the President retains discretion, within the limits of federal law, to name a different acting Secretary. Revokes Executive Order 11822 of December 10, 1974.
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 11822, December 10, 1974; Amended by: EO 13261, March 19, 2002
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13246 of December 18, 2001
Providing an Order of Succession Within the
Department of the Treasury
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 the
Treasury (Secretary) during any period when both the
Secretary and the Deputy Secretary of the Treasury
(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 Secretaries of the Treasury (including
the Under Secretary of the Treasury for Enforcement),
in the order in which they shall have taken the oath of
office as such officers;
(b) General Counsel of the Department of the
Treasury; and
(c) Deputy Under Secretaries of the Treasury and
those Assistant Secretaries of the Treasury appointed
by the President by and with the consent of the Senate,
in the order in which they shall have taken the oath of
office as such officers.
Sec. 3. Exceptions.
(a) No individual who is serving in an office
listed in section 2(a)-(c) 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 11822 of December 10, 1974, 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.