Providing an Order of Succession Within the Department of Agriculture

In simple terms

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.

Federal Register Open PDF 75 FR 27921

Record & deadlines

May 13, 2010Signed
Signed by the President
May 18, 2010FR published
Published in the Federal Register · 75 FR 27921
Federal Register PDF
Dec 18, 2001
Revoke Executive Order 13241 of December 18, 2001
Dec 18, 2001
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

Prior policyRollback

revokeExecutive Order 13241 of December 18, 2001

Related orders

What to expect

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Succession plan remains in place indefinitely until superseded by future executive action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