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EO 12998Executive OrderClinton · D

Executive Order 12998

Amendment to Executive Order No. 11880

This executive order amends a 1975 order to explicitly allow the President to designate any officer (as defined in 5 U.S.C. 3347) to act as Secretary of Commerce at any time, bypassing the normal succession provisions previously established. It adds a new section 2 to Executive Order 11880 and renumbers the existing section 2 to section 3.

Federal Register Open PDF 61 FR 15873

Key directives

  • Add new section 2 to EO 11880 allowing President to designate any 5 U.S.C. 3347 officer to act as Secretary of Commerce without regard to existing succession provisions
  • Redesignate existing section 2 as section 3

Timeline

Immediate

  • New presidential authority to bypass Commerce Secretary succession rules takes effect

Near term (90d)

—

Long term

  • Potential use during vacancies or emergencies at Commerce Department

Risks & tensions

  • Centralizes presidential control over executive branch succession, reducing predictability of automatic succession
  • Vague scope: 'at any time' and 'without regard to the foregoing provisions' creates broad discretionary authority with unclear limits
  • No requirement for Senate confirmation or other checks on presidential designee selection
Executive Order 12998: Amendment to Executive Order No. 11880 · Executive Orders