Providing an Order of Succession in the Office of Management and Budget
Signed January 13, 2005·George W. Bush·70 FR 3137
Source
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Plain-language summary
Establishes an order of succession for the Office of Management and Budget under the Federal Vacancies Reform Act of 1998. If both the Director and Deputy Director die, resign, or otherwise cannot perform the duties of Director, the order lists officials who may temporarily act as Director, in this sequence: the Deputy Director for Management, the Executive Associate Director, several Associate Directors covering national security, general government, human resource, and natural resource programs, the General Counsel, the Administrator for Federal Procurement Policy, the Administrator of the Office of Information and Regulatory Affairs, the Controller of the Office of Federal Financial Management, and the Administrator of the Office of Electronic Government. It specifies that anyone already serving in one of these listed roles in an acting capacity cannot become acting Director under this order, and it preserves the President's authority to choose a different acting Director when legally permitted.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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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 and pursuant to 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.
The order, in full
Executive Order 13370 of January 13, 2005
Providing an Order of Succession in the Office of
Management and Budget
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and pursuant to the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., it is hereby
ordered that:
Section 1. During any period when the Director of the
Office of Management and Budget (Director) and the
Deputy Director of the Office of Management and Budget
(Deputy Director) have died, resigned, or otherwise
become unable to perform the functions and duties of
the office of Director, the following officers of the
Office of Management and Budget, in the order listed,
shall perform the functions and duties of the office of
Director, if they are eligible to act as Director under
the provisions of the Federal Vacancies Reform Act of
1998, until such time as at least one of the officers
mentioned above is able to perform the functions and
duties of the office of Director:
Deputy Director for Management;
Executive Associate Director;
Associate Director (National Security Programs);
Associate Director (General Government Programs);
Associate Director (Human Resource Programs);
Associate Director (Natural Resource Programs);
General Counsel;
Administrator for Federal Procurement Policy;
Administrator of the Office of Information and
Regulatory Affairs;
Controller, Office of Federal Financial Management;
and
Administrator of the Office of Electronic
Government.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1 in an acting capacity, by
virtue of so serving, shall act as Director pursuant to
this order.
(b) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by law, to depart from this order in
designating an acting Director.
(Presidential Sig.)B
THE WHITE HOUSE,
January 13, 2005.Reproduced from the Federal Register plain-text record, signed January 13, 2005. Typesetting artifacts are removed; no wording is changed.