Providing an Order of Succession Within the Environmental Protection Agency
Signed January 8, 2021·Donald Trump·86 FR 3733
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Sets an order of succession within the Environmental Protection Agency, listing seventeen officials—starting with the General Counsel and running through various assistant administrators, the Chief Financial Officer, and regional officials—who would act as Administrator if both the Administrator and Deputy Administrator die, resign, or otherwise become unable to serve. It specifies that anyone already serving in one of these listed positions in an acting capacity cannot become acting Administrator through this order, and that a listed official must otherwise be eligible under the Federal Vacancies Reform Act of 1998 to serve. The President retains discretion to depart from this order when naming an acting Administrator. It revokes the prior succession order, Executive Order 13763 of January 13, 2017, and states that it creates no enforceable legal rights for any party.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
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, as amended, 5 U.S.C. 3345 et seq. (the “Act”), 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
Revokes: EO 13763, January 13, 2017
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 13973 of January 8, 2021
Providing an Order of Succession Within the
Environmental Protection Agency
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, as amended, 5 U.S.C. 3345 et seq. (the “Act”),
it is hereby ordered as follows:
Section 1. Order of Succession. Subject to the
provisions of section 2 of this order, and to the
limitations set forth in the Act, the following
officials of the Environmental Protection Agency, 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 in which the Administrator and the
Deputy Administrator of the Environmental Protection
Agency have died, resigned, or otherwise become unable
to perform the functions and duties of the office of
Administrator:
(a) General Counsel;
(b) Assistant Administrator, Office of Solid Waste
(also known as the Assistant Administrator for the
Office of Land and Emergency Management);
(c) Assistant Administrator for Toxic Substances
(also known as the Assistant Administrator for the
Office of Chemical Safety and Pollution Prevention);
(d) Assistant Administrator for the Office of Air
and Radiation;
(e) Assistant Administrator for the Office of
Water;
(f) Assistant Administrator for the Office of
Enforcement and Compliance Assurance;
(g) Chief Financial Officer;
(h) Assistant Administrator for the Office of
Research and Development;
(i) Assistant Administrator for the Office of
International and Tribal Affairs;
(j) Assistant Administrator for the Office of
Mission Support;
(k) Associate Deputy Administrator for Programs;
(l) Associate Deputy Administrator;
(m) Regional Administrator, Region VIII;
(n) Principal Deputy Assistant Administrator for
the Office of Mission Support;
(o) Deputy Regional Administrator, Region VIII;
(p) Principal Deputy General Counsel; and
(q) Principal Deputy Assistant Administrator for
the Office of Enforcement and Compliance Assurance.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)-(q) of this order in
an acting capacity shall, by virtue of so serving, act
as Administrator pursuant to this order.
(b) No individual listed in section 1(a)-(q) of
this order shall act as Administrator unless that
individual is otherwise eligible to so serve under the
Act.
(c) 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 Administrator.
Sec. 3. Revocation. Executive Order 13763 of January
13, 2017 (Providing an Order of Succession Within the
Environmental Protection Agency), is hereby revoked.
Sec. 4. General Provision. This order is not intended
to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 8, 2021.Reproduced from the Federal Register plain-text record, signed January 8, 2021. Typesetting artifacts are removed; no wording is changed.