Providing an Order of Succession Within the Department of Labor
Signed December 23, 2016·Barack Obama·81 FR 96329
Source
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Plain-language summary
Sets an order of succession within the Department of Labor, listing officials such as the Solicitor of Labor, various assistant secretaries, the Chief Financial Officer, and certain regional officials who would act as Secretary of Labor if both the Secretary and Deputy Secretary are unable to serve. It specifies that officials serving in an acting capacity cannot become acting Secretary under this order, and that anyone named must otherwise be eligible under the Federal Vacancies Reform Act of 1998. It preserves the President's discretion to depart from this list when naming an acting Secretary. It revokes the prior succession order, Executive Order 13245, and states that it creates no enforceable legal rights for outside parties. It applies specifically to Department of Labor leadership succession in emergencies affecting the top two positions.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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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 the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the “Act”), 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.
The order, in full
Executive Order 13755 of December 23, 2016
Providing an Order of Succession Within the
Department of Labor
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Vacancies Reform Act of
1998, as amended, 5 U.S.C. 3345 et seq. (the “Act”),
it is hereby ordered that:
Section 1. Order of Succession. Subject to the
provisions of section 2 of this order, and to the
limitations set forth in the Act, the following
officials of the Department of Labor, in the order
listed, shall act as and perform the functions and
duties of the office of Secretary of Labor (Secretary)
during any period in which both the Secretary and the
Deputy Secretary of Labor have died, resigned, or
otherwise become unable to perform the functions and
duties of the office of Secretary:
(a) Solicitor of Labor;
(b) Assistant Secretary for Administration and
Management;
(c) Assistant Secretary for Policy;
(d) Assistant Secretary for Congressional and
Intergovernmental Affairs;
(e) Assistant Secretary for Employment and
Training;
(f) Assistant Secretary for Employee Benefits
Security;
(g) Assistant Secretary for Occupational Safety and
Health;
(h) Assistant Secretary for Mine Safety and Health;
(i) Assistant Secretary for Public Affairs;
(j) Chief Financial Officer;
(k) Administrator, Wage and Hour Division;
(l) Assistant Secretary for Veterans' Employment
and Training;
(m) Assistant Secretary for Disability Employment
Policy;
(n) First assistants, pursuant to the Act, to the
officials in the order listed in (a) and (c)-(h);
(o) Regional Solicitor--Dallas; and
(p) Regional Administrator for the Office of the
Assistant Secretary for Administration and Management--
Region VI/Dallas.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)-(p) of this order in
an acting capacity shall, by virtue of so serving, act
as Secretary pursuant to this order.
(b) No individual listed in section 1(a)-(p) of
this order shall act as Secretary unless that
individual is otherwise eligible to so serve under the
Act.
(c) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by law, to depart from this order in
designating an acting Secretary.
Sec. 3. Revocation. Executive Order 13245 of December
18, 2001 (Providing An Order of Succession Within the
Department of Labor), is hereby revoked.
Sec. 4. Judicial Review. This order is not intended to,
and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
December 23, 2016.Reproduced from the Federal Register plain-text record, signed December 23, 2016. Typesetting artifacts are removed; no wording is changed.