EO 13735Executive OrderObama · D

Executive Order 13735

Providing an Order of Succession Within the Department of the Treasury

This executive order establishes the line of succession for the Secretary of the Treasury when both the Secretary and Deputy Secretary are unable to serve. It replaces a 2001 executive order and 2002 memorandum with an updated succession list running from Under Secretaries through various Treasury and IRS officials.

Impact dates

  1. Revoke Executive Order 13246 and March 19, 2002 Presidential Memorandum

  2. EO 13246 and March 19, 2002 Presidential Memorandum revoked

Key directives

  • Establish order of succession for Secretary of Treasury when Secretary and Deputy Secretary both unavailable
  • List specific officers in priority order: Under Secretaries, General Counsel, Deputy Under Secretaries and Senate-confirmed Assistant Secretaries, then seven named officers including IRS and Fiscal Service commissioners
  • Exclude acting officials from succession by virtue of acting service
  • Preserve presidential discretion to depart from this order under Federal Vacancies Reform Act
  • Require eligibility under Federal Vacancies Reform Act for any acting Secretary
  • Revoke Executive Order 13246 and March 19, 2002 Presidential Memorandum

Timeline

Immediate

  • EO 13246 and March 19, 2002 Presidential Memorandum revoked
  • New succession order takes effect upon signing

Near term (90d)

Long term

  • Succession plan remains in place indefinitely until superseded

Risks & tensions

  • Low tension: routine administrative update of succession planning
  • Uncertainty: exact oath-of-office ordering for tied officials in sections 2(a) and 2(c) could create ambiguity in real crisis
  • Presidential discretion in section 3(b) preserves flexibility but could undermine predictability of succession
Executive Order 13735: Providing an Order of Succession Within the Department of the Treasury · Executive Orders