Government operations and workforce

Executive Order 12998: Amendment to Executive Order No. 11880

President: Bill Clinton

Reserved the President’s ability to designate a legally eligible acting Commerce Secretary outside the existing succession order.

Status: Revoked.

Is Executive Order 12998 still in effect? No. Revoked with the parent succession order by EO 13242 in 2001.

What does Executive Order 12998 do?

EO 12998 did not reorder the Commerce Department succession list. It added one section to EO 11880 saying that the President could, pursuant to law, direct an eligible officer to act as Secretary of Commerce without following that order’s default sequence. EO 13242 revoked both orders in 2001 and set a new default sequence, while also preserving presidential discretion under the then-current vacancies law. The 1996 amendment created a contingency option, not a permanent appointment or unrestricted power to bypass statute.

Administration position: The order preserved a lawful presidential choice of acting Secretary; it did not itself name an officer or change the department’s default succession list.
SignedApril 5, 1996
DepartmentCommerce
ChangePresidential designation exception to EO 11880

Before and after

Before the order

EO 11880 provided a default Commerce succession order.

After the order

The President could designate another eligible officer under law while EO 11880 otherwise remained in place.

Who had to do what

Agency / officeActionTiming / position
PresidentDesignate an eligible acting Secretary if neededSubject to governing vacancy law

What happened next

EO 11880 established the default Commerce sequence.

EO 12998 added a presidential designation exception.

EO 13242 revoked both orders and established a new framework.