Providing an Order of Succession Within the Department of Labor

This executive order establishes a formal line of succession for who would serve as Acting Secretary of Labor if both the Secretary and Deputy Secretary become unable to serve. It revokes the previous succession order from 2001 and lists 16 specific positions in priority order, from Solicitor of Labor down to a regional administrator in Dallas.

Federal Register Open PDF 81 FR 96329

Impact dates

Dec 23, 2016
EO takes effect; EO 13245 revoked

Key directives

Establish ordered succession list for Secretary of Labor (Sec. 1)
Prohibit acting officials from ascending via this order (Sec. 2(a))
Require eligibility under Federal Vacancies Reform Act (Sec. 2(b))
Preserve presidential discretion to depart from this order (Sec. 2(c))
Revoke EO 13245 of December 18, 2001 (Sec. 3)

Timeline

Immediate

Revocation of EO 13245 (2001 succession order)
New succession order takes effect upon signing

Near term (90d)

—

Long term

Remains in effect until superseded by future administration

Risks & tensions

Deep regional administrator placement (o)-(p) may reflect specific personnel considerations
Presidential discretion clause (Sec. 2(c)) limits practical binding effect of fixed succession list
Standard judicial review disclaimer (Sec. 4) prevents enforceable expectations