Providing an Order of Succession Within the Department of the Treasury
Signed January 3, 2025·Joseph R. Biden Jr.·90 FR 2583
Source
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Plain-language summary
Establishes an order of succession for the Department of the Treasury, listing officials who would act as Secretary if both the Secretary and Deputy Secretary die, resign, or otherwise become unable to serve. The line of succession runs through the Under Secretaries (by seniority), the General Counsel, Deputy Under Secretaries and Senate-confirmed Assistant Secretaries (by seniority), the Chief of Staff, the Assistant Secretary for Management, the Fiscal Assistant Secretary, the Commissioner of Internal Revenue, the Commissioner of the Bureau of the Fiscal Service, and two deputy commissioner positions. It excludes anyone already serving in one of these roles only in an acting capacity, requires eligibility under the Federal Vacancies Reform Act, and preserves the President's discretion to designate a different acting Secretary. It revokes a prior 2016 order on Treasury succession and states it does not create enforceable rights against the government.
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 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 13735, August 12, 2016 Revoked by: EO 14148, January 20, 2025
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 14137 of January 3, 2025
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 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 the Treasury, 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 in which both the
Secretary and the Deputy Secretary of the Treasury have
died, resigned, or otherwise become unable to perform
the functions and duties of the office of Secretary:
(a) Any Under Secretary of the Treasury, in order
of seniority based on date of appointment to such
position;
(b) General Counsel for the Department of the
Treasury;
(c) Any Deputy Under Secretary of the Treasury or
any Assistant Secretary of the Treasury appointed by
the President by and with the consent of the Senate, in
order of seniority based on date of appointment to such
position;
(d) Chief of Staff;
(e) Assistant Secretary of the Treasury for
Management;
(f) Fiscal Assistant Secretary;
(g) Commissioner of Internal Revenue, Internal
Revenue Service;
(h) Commissioner, Bureau of the Fiscal Service;
(i) Deputy Commissioner, Financing and Operations,
Bureau of the Fiscal Service; and
(j) Deputy Commissioner, Internal Revenue Service.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)-(j) 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)-(j) 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 13735 of August 12,
2016 (Providing an Order of Succession Within the
Department of the Treasury), 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.