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The registerExecutive Order 13261
E.O.13261

Providing An Order of Succession in the Environmental Protection Agency and Amending Certain Orders on Succession

Signed March 19, 2002·George W. Bush·67 FR 13243

Source

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Plain-language summary

Auto-generated summaryWritten by claude-sonnet-5 from the order’s own text · prompt v4 ·

Establishes an order of succession for the Environmental Protection Agency, listing eleven Assistant Administrator positions and the Chief Financial Officer who would act as Administrator if both the Administrator and Deputy Administrator die, resign, or are otherwise unable to serve. It specifies that anyone holding one of these positions only in an acting capacity cannot become acting Administrator under this order, and confirms the President retains discretion under the Federal Vacancies Reform Act of 1998 to depart from this list. The order also amends similar succession orders for the Departments of Agriculture, Commerce, Housing and Urban Development, the Interior, Labor, the Treasury, Veterans Affairs, Health and Human Services, and State, replacing language in each so that officials serving only in an acting capacity within the listed offices cannot become acting Secretary of that department under those earlier orders.

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Claimed authority

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered

Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.

Disposition

Amends: EO 13241, December 18, 2001; EO 13242, December 18, 2001; EO 13243, December 18, 2001; EO 13244, December 18, 2001; EO 13245, December 18, 2001; EO 13246, December 18, 2001; EO 13247, December 18, 2001; EO 13250, December 28, 2001; EO 13251, December 28, 2001; Amended by: EO 13344, July 9, 2004

Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.

The order, in full

Executive Order 13261 of March 19, 2002

Providing An Order of Succession in the
Environmental Protection Agency and Amending Certain
Orders on Succession

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Vacancies Reform Act of
1998, 5 U.S.C. 3345, et seq., it is hereby ordered
that:

Section 1. Subject to the provisions of section 3 of
this order, the officers named in section 2, in the
order listed, shall act as and perform the functions
and duties of the office of the Administrator of the
Environmental Protection Agency (Administrator) during
any period when both the Administrator and the Deputy
Administrator of the Environmental Protection Agency
have died, resigned, or become otherwise unable to
perform the functions and duties of the office of
Administrator.

Sec. 2. Order of Succession.

    (a) Assistant Administrator for Toxic Substances;
    (b) Assistant Administrator (Air and Radiation);
    (c) Assistant Administrator, Office of Solid Waste;
    (d) Assistant Administrator (Water Programs);
    (e) Assistant Administrator (General Counsel);
    (f) Assistant Administrator (Enforcement and
Compliance Assurance);
    (g) Chief Financial Officer;
    (h) Assistant Administrator (Research and
Development);
    (i) Assistant Administrator (International
Activities);
    (j) Assistant Administrator (Administration and
Resources Management); and
    (k) Assistant Administrator (Environmental
Information).

Sec. 3. Exceptions.

    (a) No individual who is serving in an office
listed in section 2(a)-(k) in an acting capacity, by
virtue of so serving, shall act as Administrator
pursuant to this order.
    (b) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by the Federal Vacancies Reform Act of 1998,
5 U.S.C. 3345 et seq., to depart from this order in
designating an acting Administrator.

Sec. 4. Amendments to Certain Executive Orders
providing Orders of Succession. Executive Orders 13241,
13242, 13243, 13244, 13245, 13246, and 13247 of
December 18, 2001, and Executive Orders 13250 and 13251
of December 28, 2001, are hereby amended as follows:

    (a) Section 3(a) of Executive Order 13241 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of Agriculture,” is
replaced with the following: “(a) No individual who is
serving in an office listed in section 2(a)-(j) in an
acting capacity shall, by virtue of so serving, act as
Secretary pursuant to this order.”;
    (b) Section 3(a) of Executive Order 13242 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of Commerce,” is
replaced with the following: “(a) No individual who is
serving in an

office listed in section 2(a)-(h) in an acting capacity
shall, by virtue of so serving, act as Secretary
pursuant to this order.”;
    (c) Section 3(a) of Executive Order 13243 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of Housing and Urban
Development,” is replaced with the following: “(a) No
individual who is serving in an office listed in
section 2(a)-(i) in an acting capacity shall, by virtue
of so serving, act as Secretary pursuant to this
order.”;
    (d) Section 3(a) of Executive Order 13244 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of the Interior,” is
replaced with the following: “(a) No individual who is
serving in an office listed in section 2(a)-(f) in an
acting capacity shall, by virtue of so serving, act as
Secretary pursuant to this order.”;
    (e) Section 3(a) of Executive Order 13245 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of Labor,” is
replaced with the following: “(a) No individual who is
serving in an office listed in section 2(a)-(l) in an
acting capacity shall, by virtue of so serving, act as
Secretary pursuant to this order.”;
    (f) Section 3(a) of Executive Order 13246 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of the Treasury,” is
replaced with the following: “(a) No individual who is
serving in an office listed in section 2(a)-(c) in an
acting capacity shall, by virtue of so serving, act as
Secretary pursuant to this order.”;
    (g) Section 3(a) of Executive Order 13247 of
December 18, 2001, entitled “Providing an Order of
Succession Within the Department of Veterans Affairs,”
is replaced with the following: “(a) No individual who
is serving in an office listed in section 2(a)-(h) in
an acting capacity shall, by virtue of so serving, act
as Secretary pursuant to this order.”;
    (h) Section 3(a) of Executive Order 13250 of
December 28, 2001, entitled “Providing an Order of
Succession Within the Department of Health and Human
Services,” is replaced with the following: “(a) No
individual who is serving in an office listed in
section 2(a)-(c) in an acting capacity shall, by virtue
of so serving, act as Secretary pursuant to this
order.” and;
    (i) Section 3(b) of Executive Order 13251 of
December 28, 2001, entitled “Providing an Order of
Succession Within the Department of State,” is
replaced with the following: “(b) No individual who is
serving in an office listed in section 2(a)-(m) in an
acting capacity shall, by virtue of so serving, act as
Secretary pursuant to this order.”.

    (Presidential Sig.)B

THE WHITE HOUSE,

     March 19, 2002.

Reproduced from the Federal Register plain-text record, signed March 19, 2002. Typesetting artifacts are removed; no wording is changed.