Providing an Order of Succession Within the Office of Management and Budget
Signed January 3, 2025·Joseph R. Biden Jr.·90 FR 2585
Source
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Plain-language summary
Establishes an order of succession within the Office of Management and Budget, listing officials who would act as Director if both the Director and Deputy Director die, resign, or otherwise become unable to serve. The order lists twelve positions in sequence, starting with the Deputy Director for Management and continuing through various associate directors, the General Counsel, and other office administrators. It specifies that officials serving in these roles only in an acting capacity cannot become acting Director under this order, and that anyone acting as Director must otherwise be eligible under the Federal Vacancies Reform Act. The President retains discretion to depart from this listed order when designating an acting Director. The order revokes a prior 2012 executive order that had set an earlier succession order for the same office, and states it does not affect other agencies' authority or create enforceable rights for any outside party.
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, 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 13615, May 21, 2012 Revoked by: EO 14148, January 20, 2025
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 14138 of January 3, 2025
Providing an Order of Succession Within 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, including the Federal Vacancies Reform Act of
1998, as amended, 5 U.S.C. 3345 et seq. (the “Act”),
it is hereby ordered that:
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 Office of Management and Budget, in
the order listed, shall act as and perform the
functions and duties of the office of Director of the
Office of Management and Budget (Director) during any
period in which both the Director and the Deputy
Director of the Office of Management and Budget have
died, resigned, or otherwise become unable to perform
the functions and duties of the office of Director:
(a) Deputy Director for Management;
(b) Executive Associate Director;
(c) Associate Director (National Security
Programs);
(d) Associate Director (General Government
Programs);
(e) Associate Director (Education, Income
Maintenance, and Labor Programs);
(f) Associate Director (Health Programs);
(g) Associate Director (Climate, Energy,
Environment, and Science Programs);
(h) General Counsel;
(i) Administrator for Federal Procurement Policy;
(j) Administrator of the Office of Information and
Regulatory Affairs;
(k) Controller, Office of Federal Financial
Management; and
(l) Administrator of the Office of Electronic
Government.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1(a)-(l) of this order in
an acting capacity shall, by virtue of so serving, act
as Director pursuant to this order.
(b) No individual who is serving in an office
listed in section 1(a)-(l) of this order shall act as
Director 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 Director.
Sec. 3. Revocation. Executive Order 13615 of May 21,
2012 (Providing an Order of Succession Within the
Office of Management and Budget), is hereby revoked.
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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 3, 2025.Reproduced from the Federal Register plain-text record, signed January 3, 2025. Typesetting artifacts are removed; no wording is changed.