EO 13485Executive OrderG.W. Bush · R

Executive Order 13485

Providing an Order of Succession Within the Department of Transportation

This executive order establishes a detailed line of succession for the Department of Transportation, specifying which officials would serve as acting Secretary if the Secretary, Deputy Secretary, Under Secretary for Policy, and other designated officials become unable to serve. It lists 13 officials in priority order, from Federal Highway Administration Administrator down to a regional FAA administrator, while preserving presidential discretion to depart from the list.

Impact dates

  1. Supersede March 19, 2002 presidential memorandum

Key directives

  • Establish 13-person order of succession for DOT Secretary
  • Exclude acting officials from ascending to Secretary under this order
  • Require eligibility under Federal Vacancies Reform Act for succession
  • Preserve presidential discretion to depart from this order
  • Supersede March 19, 2002 presidential memorandum

Timeline

Immediate

  • Order takes effect upon signing; succession line is active for any current or future vacancy

Near term (90d)

Long term

  • Remains in force until superseded; governs all future DOT Secretary vacancies

Risks & tensions

  • Low tension: routine administrative housekeeping updating 2002 memorandum
  • Potential ambiguity if multiple officials in line are themselves acting; Sec. 2(a) creates blocking condition but not clear contingency if entire line is acting
  • Presidential discretion in Sec. 2(c) may undermine predictability of succession chain
  • No right or benefit created—individuals cannot legally enforce their place in line
Executive Order 13485: Providing an Order of Succession Within the Department of Transportation · Executive Orders