Executive Order 13613: Providing an Order of Succession Within the Department of Commerce
President: Barack Obama
Established which Commerce officials may act as Secretary when the Secretary and Deputy are unavailable.
Status: Partly revoked. Is Executive Order 13613 still in effect? Partly. Executive Order 13613 remains in force in part. See Federal Register record.
What does Executive Order 13613 do?
EO 13613 replaced the Bush-era Commerce succession order with a nine-position sequence beginning with the General Counsel and senior under secretaries. It bars an official from moving into the acting Secretary role merely because that official is temporarily acting in a listed post, and it preserves presidential discretion under the Vacancies Act. Commerce continues to include the order in its governing organization directive.
Later evidence reviewed September 23, 2026: The organization directive was updated while retaining EO 13613. Commerce Department — Organization Order 1-1. This later record documents the stated step; it does not by itself establish every downstream agency action or legal outcome.
Before and after
Before the order
EO 13242 and a 2002 memorandum provided the earlier Commerce sequence.
After the order
The revised list reflected the department’s modern senior offices and controls acting succession.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Listed Commerce officials | Act as Secretary when statutory conditions are met | Continuing |
| Commerce Department | Maintain internal continuity arrangements | Continuing |
| President | Select another eligible acting Secretary when law permits | Continuing |
What happened next
EO 13613 issued and the prior order and memorandum were revoked.
Commerce incorporated it into Department Organization Order 1-1.
Legal and source detail
How it works legally
The Federal Vacancies Reform Act governs eligibility and time limits. The order cannot authorize acting service contrary to the Act.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- U.S. Code — Federal Vacancies Reform Act (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 23, 2026. How we research →