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The registerExecutive Order 14134
E.O.14134

Providing an Order of Succession Within the Department of Agriculture

Signed January 3, 2025·Joseph R. Biden Jr.·90 FR 2577

Source

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Plain-language summary

Auto-generated summaryWritten by claude-sonnet-5 from the order’s own text · prompt v4 ·

Establishes an order of succession for the position of Secretary of Agriculture, listing the officials of the Department of Agriculture who would act as Secretary if both the Secretary and Deputy Secretary die, resign, or otherwise become unable to serve. The order lists the various Under Secretaries, the General Counsel, several Assistant Secretaries, the Chief Financial Officer, the Chief of Staff, certain Farm Service Agency State Executive Directors, the Director of the Office of Budget and Program Analysis, and the Chief of the United States Forest Service, in a specified sequence. It sets rules for resolving ties in seniority, excludes acting officials from counting toward succession, requires eligibility under the Federal Vacancies Reform Act, and preserves the President's discretion to name a different acting Secretary. It revokes the prior succession order, Executive Order 13612 of May 21, 2012, and states it does not alter existing agency authorities or create enforceable legal rights.

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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.

Disposition

Revokes: EO 13612, May 21, 2012 Revoked by: EO 14148, January 20, 2025

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The order, in full

Executive Order 14134 of January 3, 2025

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 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. (a) 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 Agriculture, in the
order listed, shall act as and perform the functions
and duties of the office of Secretary of Agriculture
(Secretary) during any period in which both the
Secretary and the Deputy Secretary of Agriculture have
died, resigned, or otherwise become unable to perform
the functions and duties of the office of Secretary:

(i) Under Secretary of Agriculture for Farm Production and Conservation;

(ii) Under Secretary of Agriculture for Food, Nutrition, and Consumer
Services;

(iii) Under Secretary of Agriculture for Natural Resources and Environment;

(iv) Under Secretary of Agriculture for Research, Education, and Economics;

(v) Under Secretary of Agriculture for Rural Development;

(vi) Under Secretary of Agriculture for Food Safety;

(vii) Under Secretary of Agriculture for Marketing and Regulatory Programs;

(viii) Under Secretary of Agriculture for Trade and Foreign Agricultural
Affairs;

(ix) General Counsel of the Department of Agriculture;

(x) Assistant Secretary of Agriculture (Congressional Relations and
Intergovernmental Affairs);

(xi) Chief Financial Officer, Department of Agriculture;

(xii) Assistant Secretary of Agriculture (Civil Rights);

(xiii) Assistant Secretary of Agriculture (Administration);

(xiv) Chief of Staff, Office of the Secretary;

(xv) State Executive Directors of the Farm Service Agency for the States of
Kansas, Missouri, and Iowa, in order of seniority fixed by length of
unbroken service as State Executive Director of that State;

(xvi) Director, Office of Budget and Program Analysis; and

(xvii) Chief, United States Forest Service.

    (b) If any two or more individuals designated in
subsection (a)(xv) of this section were sworn in to, or
commenced service in, their respective offices on the
same day, precedence shall be determined by the
alphabetical order of the State in which the individual
serves.

Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)(i)-(xvii) of this
order in an acting capacity shall, by virtue of so
serving, act as Secretary pursuant to this order.

    (b) No individual who is serving in an office
listed in section 1(a)(i)-(xvii) 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 13612 of May 21,
2012 (Providing an Order of Succession Within the
Department of Agriculture), is hereby revoked.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) 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,

    January 3, 2025.

Reproduced from the Federal Register plain-text record, signed January 3, 2025. Typesetting artifacts are removed; no wording is changed.