EO 13542Executive OrderObama · D

Executive Order 13542

Providing an Order of Succession Within the Department of Agriculture

This executive order establishes a detailed line of succession for who would act as Secretary of Agriculture if both the Secretary and Deputy Secretary are unable to serve. It replaces a 2001 Bush-era succession order with a new list of 16 officials, ranging from senior political appointees to regional administrators and state directors.

Impact dates

  1. Revoke Executive Order 13241 of December 18, 2001

  2. EO 13241 of December 18, 2001 revoked; new succession order takes effect upon signing

Key directives

  • Establish ranked order of 16 USDA officials to act as Secretary when both Secretary and Deputy Secretary are unavailable
  • Exclude acting officials from succession by virtue of their acting status
  • Require eligibility under Federal Vacancies Reform Act of 1998 for any acting Secretary
  • Preserve presidential discretion to depart from this order in designating an acting Secretary
  • Revoke Executive Order 13241 of December 18, 2001

Timeline

Immediate

  • EO 13241 of December 18, 2001 revoked; new succession order takes effect upon signing

Near term (90d)

Long term

  • Succession plan remains in place indefinitely until superseded by future executive action

Risks & tensions

  • Deeply tiered succession (to #16) unusual for cabinet departments; may reflect post-9/11 continuity concerns but creates complexity
  • Inclusion of regional administrators and state directors (non-Senate-confirmed roles) relatively far down list raises questions about operational readiness for cabinet-level authority
  • Seniority tie-breaker for FSA state directors and FNS regional administrators based on 'unbroken service' could be ambiguous if records are contested
  • Presidential discretion clause (Sec. 2(c)) largely renders detailed succession list advisory rather than binding in practice
Executive Order 13542: Providing an Order of Succession Within the Department of Agriculture · Executive Orders