§ 3345. — Acting officer.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC3345]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart B--Employment and Retention
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
Sec. 3345. Acting officer
(a) If an officer of an Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
whose appointment to office is required to be made by the President, by
and with the advice and consent of the Senate, dies, resigns, or is
otherwise unable to perform the functions and duties of the office--
(1) the first assistant to the office of such officer shall
perform the functions and duties of the office temporarily in an
acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the
President) may direct a person who serves in an office for which
appointment is required to be made by the President, by and with the
advice and consent of the Senate, to perform the functions and
duties of the vacant office temporarily in an acting capacity
subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the
President) may direct an officer or employee of such Executive
agency to perform the functions and duties of the vacant office
temporarily in an acting capacity, subject to the time limitations
of section 3346, if--
(A) during the 365-day period preceding the date of death,
resignation, or beginning of inability to serve of the
applicable officer, the officer or employee served in a position
in such agency for not less than 90 days; and
(B) the rate of pay for the position described under
subparagraph (A) is equal to or greater than the minimum rate of
pay payable for a position at GS-15 of the General Schedule.
(b)(1) Notwithstanding subsection (a)(1), a person may not serve as
an acting officer for an office under this section, if--
(A) during the 365-day period preceding the date of the death,
resignation, or beginning of inability to serve, such person--
(i) did not serve in the position of first assistant to the
office of such officer; or
(ii) served in the position of first assistant to the office
of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the
Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if--
(A) such person is serving as the first assistant to the office
of an officer described under subsection (a);
(B) the office of such first assistant is an office for which
appointment is required to be made by the President, by and with the
advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to
such office.
(c)(1) Notwithstanding subsection (a)(1), the President (and only
the President) may direct an officer who is nominated by the President
for reappointment for an additional term to the same office in an
Executive department without a break in service, to continue to serve in
that office subject to the time limitations in section 3346, until such
time as the Senate has acted to confirm or reject the nomination,
notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348,
3349, 3349a, and 3349d, the expiration of a term of office is an
inability to perform the functions and duties of such office.
(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21, 1998, 112
Stat. 2681-611.)
References in Text
The General Schedule, referred to in subsec. (a)(3)(B), is set out
under section 5332 of this title.
Prior Provisions
A prior section 3345, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425;
Pub. L. 100-398, Sec. 7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988,
provided for details to office of head of Executive agency or military
department, prior to repeal by Pub. L. 105-277, div. C, title I,
Sec. 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681-611, 2681-616,
effective 30 days after Oct. 21, 1998.
Effective Date
Pub. L. 105-277, div. C, title I, Sec. 151(d), Oct. 21, 1998, 112
Stat. 2681-616, provided that:
``(1) Effective date.--Subject to paragraph (2), this section
[enacting this section and sections 3346 to 3349d of this title,
repealing former sections 3345 to 3349 of this title, and enacting
provisions set out as a note under section 3301 of this title] and the
amendments made by this section shall take effect 30 days after the date
of enactment of this section [Oct. 21, 1998].
``(2) Application.--
``(A) In general.--This section shall apply to any office that
becomes vacant after the effective date of this section.
``(B) Immediate application of time limitation.--Notwithstanding
subparagraph (A), for any office vacant on the effective date of
this section, the time limitations under section 3346 of title 5,
United States Code (as amended by this section) shall apply to such
office. Such time limitations shall apply as though such office
first became vacant on the effective date of this section.
``(C) Certain nominations.--If the President submits to the
Senate the nomination of any person after the effective date of this
section for an office for which such person had been nominated
before such date, the next nomination of such person after such date
shall be considered a first nomination of such person to that office
for purposes of sections 3345 through 3349 and section 3349d of
title 5, United States Code (as amended by this section).''
Order of Succession Within Department of Homeland Security
For order of succession within the Department of Homeland Security,
see Ex. Ord. No. 13286, Sec. 88, Feb. 28, 2003, 68 F.R. 10632, set out
as a note under section 111 of Title 6, Domestic Security.
Executive Order No. 10513
Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, which designated
certain officers of the Department of Labor to act as Secretary of Labor
during any period of unavailability of both the Secretary and the Deputy
Secretary of Labor, was revoked by Ex. Ord. No. 13245, Sec. 4, Dec. 8,
2001, 66 F.R. 66269, set out below.
Executive Order No. 11274
Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub.
L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104
Stat. 1427, 1454, which designated certain officers of the Department of
Housing and Urban Development to act as Secretary of Housing and Urban
Development during any period of unavailability of the Secretary, was
revoked by Ex. Ord. No. 13243, Sec. 4, Dec. 18, 2001, 66 F.R. 66263, set
out below.
Executive Order No. 11487
Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub.
L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104
Stat. 1427, 1454, which designated certain officers of the Department of
the Interior to act as Secretary of the Interior during any period of
unavailability of both the Secretary and the Deputy Secretary of the
Interior, was revoked by Ex. Ord. No. 13244, Sec. 4, Dec. 18, 2001, 66
F.R. 66267, set out below.
Executive Order No. 11822
Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, which designated
certain officers of the Department of the Treasury to act as Secretary
of the Treasury during any period of unavailability of both the
Secretary and the Deputy Secretary of the Treasury, was revoked by Ex.
Ord. No. 13246, Sec. 4, Dec. 18, 2001, 66 F.R. 66270, set out below.
Executive Order No. 11880
Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr.
5, 1996, 61 F.R. 15873, which designated certain officers of the
Department of Commerce to act as Secretary of Commerce during any period
of unavailability of both the Secretary and the Deputy Secretary of
Commerce, was revoked by Ex. Ord. No. 13242, Sec. 4, Dec. 18, 2001, 66
F.R. 66261, set out below.
Executive Order No. 11957
Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, which designated
certain officers of the Department of Agriculture to act as Secretary of
Agriculture during any period of unavailability of both the Secretary
and the Deputy Secretary of Agriculture, was revoked by Ex. Ord. No.
13241, Sec. 4, Dec. 18, 2001, 66 F.R. 66259, set out below.
Executive Order No. 12343
Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, which designated
certain officers of the Department of State to act as Secretary of State
during any period of unavailability of both the Secretary and the Deputy
Secretary of State, was revoked by Ex. Ord. No. 13251, Sec. 4, Dec. 28,
2001, 67 F.R. 1599, set out below.
Ex. Ord. No. 12879. Order of Succession of Officers To Act as Secretary
of the Navy
Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including [former] section
3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession to the Authority of the Secretary of the Navy.
(a) In the event of the death, permanent disability, or resignation
of the Secretary of the Navy, the incumbents holding the positions
designated below, in the order indicated, shall act for and exercise the
powers of the Secretary of the Navy:
(1) The Under Secretary of the Navy.
(2) The Assistant Secretaries and General Counsel of the Navy, in
the order fixed by their length of services as permanent appointees in
such positions.
(3) The Chief of Naval Operations.
(4) The Commandant of the Marine Corps.
(b) In the event of the temporary absence or temporary disability of
the Secretary of the Navy, the incumbents holding the Department of the
Navy positions designated in paragraph (a) of this section, in the order
indicated, shall act for and exercise the powers of the Secretary of the
Navy.
(1) In these instances, the designation of an Acting Secretary of
the Navy applies only for the duration of the Secretary's absence or
disability, and does not affect the authority of the Secretary to resume
the powers of his office upon his return.
(2) In the event that the Secretary of the Navy is merely absent
from this position, the Secretary of the Navy may continue to exercise
the powers and fulfill the duties of his office during his absence,
notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of
this section who have the same date of appointment shall be determined
by the Secretary of the Navy at the time that such appointments are
made.
(d) Notwithstanding paragraph (a) and (b) of this section, an
officer shall not act for or exercise the powers of the Secretary of the
Navy under this order if that officer serves only in an acting capacity
in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and
exercise the powers of the Secretary of the Navy pursuant to this order
shall be on a temporary or interim basis and shall not have the effect
of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 12908. Order of Succession of Officers To Act as Secretary
of the Army
Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including [former] section
3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession To Act as the Secretary of the Army.
(a) In the event of the death, permanent disability, or resignation
of the Secretary of the Army, the incumbents holding the positions
designated below, in the order indicated, shall act for and exercise the
powers of the Secretary of the Army:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries and General Counsel of the Army,
in the order fixed by their length of service as permanent
appointees in such positions.
(3) The Chief of Staff of the Army.
(b) In the event of the absence or temporary disability of the
Secretary of the Army, the incumbents holding the Department of the Army
positions designated in paragraph (a) of this section, in the order
indicated, shall act for and exercise the powers of the Secretary of the
Army.
(1) The designation of an Acting Secretary of the Army under
this subsection applies only for the duration of the Secretary's
absence or disability, and does not affect the authority of the
Secretary to resume the powers of the Secretary's office.
(2) When the Secretary of the Army is temporarily absent from
the position, the Secretary of the Army may continue to exercise the
powers and fulfill the duties of his office during his absence,
notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of
this section who have the same date of appointment shall be determined
by the Secretary of the Army at the time that such appointments are
made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an
officer shall not act for or exercise the powers of the Secretary of the
Army under this order if that officer serves only in an acting capacity
in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and
exercise the powers of the Secretary of the Army pursuant to this order
shall be on a temporary or interim basis and shall not have the effect
of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 12909. Order of Succession of Officers To Act as Secretary
of the Air Force
Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including [former] section
3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession To Act as the Secretary of the Air Force.
(a) In the event of the death, permanent disability, or resignation
of the Secretary of the Air Force, the incumbents holding the positions
designated below, in the order indicated, shall act for and exercise the
powers of the Secretary of the Air Force:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries and General Counsel of the Air
Force, in the order fixed by their length of service as permanent
appointees in such positions.
(3) The Chief of Staff of the Air Force.
(b) In the event of the absence or temporary disability of the
Secretary of the Air Force, the incumbents holding the Department of the
Air Force positions designated in paragraph (a) of this section, in the
order indicated, shall act for and exercise the powers of the Secretary
of the Air Force.
(1) The designation of an Acting Secretary of the Air Force
applies only for the duration of the Secretary's absence or
disability, and does not affect the authority of the Secretary to
resume the powers of the Secretary's office.
(2) In the event that the Secretary of the Air Force is
temporarily absent from the position, the Secretary of the Air Force
may continue to exercise the powers and fulfill the duties of his
office during the absence, notwithstanding the provisions of this
order.
(c) Precedence among those officers designated in paragraph (a) of
this section who have the same date of appointment shall be determined
by the Secretary of the Air Force at the time that such appointments are
made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an
officer shall not act for or exercise the powers of the Secretary of the
Air Force under this order if that officer serves only in an acting
capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and
exercise the powers of the Secretary of the Air Force pursuant to this
order shall be on a temporary or interim basis and shall not have the
effect of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 13000. Order of Succession of Officers To Act as Secretary
of Defense
Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including [former] section
3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession to Act as the Secretary of Defense. (a) In the
event of the death, permanent disability, or resignation of the
Secretary of Defense, the incumbents holding the Department of Defense
positions designated below, in the order indicated, shall act for and
exercise the powers of the Secretary of Defense as Acting Secretary of
Defense:
(1) Deputy Secretary of Defense.
(2) Secretary of the Army.
(3) Secretary of the Navy.
(4) Secretary of the Air Force.
(5) Under Secretary of Defense for Acquisition and Technology [now
Under Secretary of Defense for Acquisition, Technology, and Logistics].
(6) Under Secretary of Defense for Policy.
(7) Under Secretary of Defense (Comptroller).
(8) Under Secretary of Defense for Personnel and Readiness.
(9) Deputy Under Secretary of Defense for Acquisition and
Technology.
(10) Deputy Under Secretary of Defense for Policy.
(11) Director of Defense Research and Engineering.
(12) The Assistant Secretaries of Defense, the Director of
Operational Test and Evaluation, and the General Counsel of the
Department of Defense, in the order fixed by their length of service as
permanent appointees in such positions.
(13) Under Secretaries of the Army, the Navy, and the Air Force, in
the order fixed by their length of service as permanent appointees in
such positions.
(14) Assistant Secretaries of the Army, the Navy, and the Air Force
whose appointments are vested in the President, and General Counsels of
the Army, the Navy, and the Air Force, in the order fixed by their
length of service as permanent appointees in such positions.
(b) In the event of the temporary absence or temporary disability of
the Secretary of Defense, the incumbents holding the Department of
Defense positions designated in paragraph (a) of this section, in the
order indicated, shall act for and exercise the powers of the Secretary
of Defense as Acting Secretary of Defense.
(1) In these instances, the designation of an Acting Secretary of
Defense applies only for the duration of the Secretary's absence or
disability, and does not affect the authority of the Secretary to resume
the powers of his office upon his return.
(2) In the event that the Secretary of Defense is temporarily absent
from his position, the Secretary may continue to exercise the powers and
fulfill the duties of this office during his absence, notwithstanding
the provisions of this order.
(c) Precedence among those officers designated in paragraphs
(a)(12)-(14) of this section who have the same appointment date shall be
determined by the Secretary of Defense at the time that such
appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an
officer shall not act for or exercise the powers of the Secretary of
Defense under this order if that officer serves only in an acting
capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and
exercise the powers of the Secretary of Defense pursuant to this order
shall be on a temporary or interim basis and shall not have the effect
of vacating the statutory appointment held by the successor.
Sec. 3. Revocation of Prior Executive Order. Executive Order No.
12787 of December 31, 1991, is hereby revoked.
William J. Clinton.
Ex. Ord. No. 13241. Providing an Order of Succession Within the
Department of Agriculture
Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by Ex.
Ord. No. 13261, Sec. 4(a), Mar. 19, 2002, 67 F.R. 13243, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
Agriculture (Secretary) during any period when both the Secretary and
the Deputy Secretary of Agriculture (Deputy Secretary) have died,
resigned, or are otherwise unable to perform the functions and duties of
the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretary of Agriculture for Farm and Foreign Agricultural
Services;
(b) Under Secretary of Agriculture for Marketing and Regulatory
Programs;
(c) Under Secretary of Agriculture for Rural Development;
(d) Under Secretary of Agriculture for Food, Nutrition, and Consumer
Services;
(e) Under Secretary of Agriculture for Natural Resources and
Environment;
(f) Under Secretary of Agriculture for Research, Education, and
Economics;
(g) Under Secretary of Agriculture for Food Safety;
(h) General Counsel of the Department of Agriculture;
(i) Assistant Secretary of Agriculture for Administration; and
(j) Assistant Secretary of Agriculture for Congressional Relations.
Sec. 3. Exceptions.
(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) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11957 of January 13, 1977, is hereby
revoked.
George W. Bush.
Ex. Ord. No. 13242. Providing an Order of Succession Within the
Department of Commerce
Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by Ex.
Ord. No. 13261, Sec. 4(b), Mar. 19, 2002, 67 F.R. 13243, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
Commerce (Secretary) during any period when both the Secretary and the
Deputy Secretary of Commerce (Deputy Secretary) have died, resigned, or
are otherwise unable to perform the functions and duties of the office
of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Commerce;
(b) Under Secretary of Commerce for International Trade;
(c) Under Secretary of Commerce for Economic Affairs;
(d) Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric Administration;
(e) Under Secretary of Commerce for Technology;
(f) Under Secretary of Commerce for Export Administration;
(g) Chief Financial Officer of the Department of Commerce and
Assistant Secretary of Commerce in charge of Administration; and
(h) Assistant Secretary of Commerce in charge of Legislative and
Intergovernmental Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11880 of October 2, 1975, Executive Order
12998 of April 5, 1996, and section 26 of Executive Order 12608 of
September 9, 1987, are hereby revoked.
George W. Bush.
Ex. Ord. No. 13243. Providing an Order of Succession Within the
Department of Housing and Urban Development
Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by Ex.
Ord. No. 13261, Sec. 4(c), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
Housing and Urban Development (Secretary) during any period when both
the Secretary and the Deputy Secretary of Housing and Urban Development
(Deputy Secretary) have died, resigned, or are otherwise unable to
perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Housing and Urban
Development;
(b) Assistant Secretary of Housing and Urban Development in charge
of Housing-Federal Housing Commission;
(c) Assistant Secretary of Housing and Urban Development in charge
of Community, Planning and Development;
(d) Assistant Secretary of Housing and Urban Development in charge
of Public and Indian Housing;
(e) Assistant Secretary of Housing and Urban Development in charge
of Policy Development and Research;
(f) Assistant Secretary of Housing and Urban Development in charge
of Fair Housing and Equal Opportunity;
(g) Assistant Secretary of Housing and Urban Development in charge
of Congressional and Intergovernmental Relations;
(h) Assistant Secretary of Housing and Urban Development in charge
of Administration; and
(i) Assistant Secretary of Housing and Urban Development in charge
of Public Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11274 of March 30, 1996, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13244. Providing an Order of Succession Within the
Department of the Interior
Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by Ex.
Ord. No. 13261, Sec. 4(d), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
the Interior (Secretary) during any period when both the Secretary and
the Deputy Secretary of the Interior (Deputy Secretary) have died,
resigned, or are otherwise unable to perform the functions and duties of
the office of Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of the Department of the Interior;
(b) Assistant Secretary of the Interior in charge of Policy,
Management and Budget;
(c) Assistant Secretary of the Interior in charge of Land and
Minerals Management;
(d) Assistant Secretary of the Interior in charge of Water and
Science;
(e) Assistant Secretary of the Interior for Fish and Wildlife and
Parks; and
(f) Assistant Secretary of the Interior for Indian Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11487 of October 6, 1969, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13245. Providing an Order of Succession Within the
Department of Labor
Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by Ex.
Ord. No. 13261, Sec. 4(e), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
Labor (Secretary) during any period when both the Secretary and the
Deputy Secretary of Labor (Deputy Secretary) have died, resigned, or are
otherwise unable to perform the functions and duties of the office of
Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of Labor;
(b) Assistant Secretary of Labor in charge of Administration and
Management;
(c) Assistant Secretary of Labor in charge of Policy;
(d) Assistant Secretary of Labor in charge of Congressional and
Intergovernmental Affairs;
(e) Assistant Secretary of Labor in charge of the Employment and
Training Administration;
(f) Assistant Secretary of Labor in charge of the Employment
Standards Administration;
(g) Assistant Secretary of Labor in charge of the Pension and
Welfare Benefits Administration;
(h) Assistant Secretary of Labor for Occupational Safety and Health;
(i) Assistant Secretary of Labor for Mine Safety and Health;
(j) Assistant Secretary of Labor in charge of the Office of Public
Affairs;
(k) Assistant Secretary of Labor for Veterans' Employment and
Training; and
(l) Assistant Secretary of Labor in charge of the Office of
Disability Employment Policy.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 10513 of January 19, 1954, is hereby
revoked.
George W. Bush.
Ex. Ord. No. 13246. Providing an Order of Succession Within the
Department of the Treasury
Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by Ex.
Ord. No. 13261, Sec. 4(f), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Section 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
the Treasury (Secretary) during any period when both the Secretary and
the Deputy Secretary of the Treasury (Deputy Secretary) have died,
resigned, or are otherwise unable to perform the functions and duties of
the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretaries of the Treasury (including the Under Secretary
of the Treasury for Enforcement), in the order in which they shall have
taken the oath of office as such officers;
(b) General Counsel of the Department of the Treasury; and
(c) Deputy Under Secretaries of the Treasury and those Assistant
Secretaries of the Treasury appointed by the President by and with the
consent of the Senate, in the order in which they shall have taken the
oath of office as such officers.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11822 of December 10, 1974, is hereby
revoked.
George W. Bush.
Ex. Ord. No. 13247. Providing an Order of Succession Within the
Department of Veterans Affairs
Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by Ex.
Ord. No. 13261, Sec. 4(g), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including Subchapter III of
Chapter 33 of title 5 of the United States Code, it is hereby ordered
that:
Sec. 1. Subject to the provisions of section 3 of this Executive
Order, the officers named in section 2, in the order listed, shall act
as and perform the functions and duties of the office of Secretary of
Veterans Affairs (Secretary) during any period when both the Secretary
and the Deputy Secretary of Veterans Affairs (Deputy Secretary) have
died, resigned, or are otherwise unable to perform the functions and
duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretary of Veterans Affairs for Health;
(b) Under Secretary of Veterans Affairs for Benefits;
(c) Under Secretary of Veterans Affairs for Memorial Affairs;
(d) General Counsel of the Department of Veterans Affairs;
(e) Assistant Secretaries of Veterans Affairs, in the order in which
they shall have taken the oath of office as Assistant Secretaries, other
than the Chief Financial Officer and, if an Assistant Secretary, the
Chief Information Officer;
(f) Chief Information Officer of the Department of Veterans Affairs,
if the Chief Information Officer is an officer appointed by the
President by and with the consent of the Senate;
(g) Chief Financial Officer of the Department of Veterans Affairs;
and
(h) Chairman, Board of Veterans' Appeals.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the
President retains discretion, to the extent permitted by Subchapter III
of Chapter 33 of title 5 of the United States Code, to depart from this
Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13250. Providing an Order of Succession Within the
Department of Health and Human Services
Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by Ex.
Ord. No. 13261, Sec. 4(h), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
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 Secretary of
Health and Human Services (Secretary) during any period when both the
Secretary and the Deputy Secretary of Health and Human Services (Deputy
Secretary) have died, resigned, or become otherwise unable to perform
the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) The Assistant Secretaries of Health and Human Services appointed
by the President and confirmed by the Senate, in the order in which they
shall have taken the oath of office as such;
(b) The General Counsel of the Department of Health and Human
Services; and
(c) Other officers within the Department of Health and Human
Services who have been appointed by the President by and with the
consent of the Senate, in the order in which they shall have taken the
oath of office as such.
Sec. 3. Exceptions.
(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.
(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 Secretary.
George W. Bush.
Ex. Ord. No. 13251. Providing an Order of Succession Within the
Department of State
Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by Ex.
Ord. No. 13261, Sec. 4(i), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and
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 duties of, the office of Secretary of State (Secretary)
during any period in which the Secretary has died, resigned, or
otherwise become unable to perform the functions and duties of the
office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of State;
(b) Deputy Secretary of State for Management and Resources;
(c) Under Secretary of State designated for political affairs
pursuant to section 2651a(b) of title 22, United States Code;
(d) Under Secretary of State designated for management affairs
pursuant to section 2651a(b) of title 22, United States Code;
(e) The remaining Under Secretaries of State, in the order in which
they shall have taken the oath of office as such;
(f) Assistant Secretaries of State designated for regional bureaus
pursuant to section 2651a(c) of title 22, United States Code, in the
order in which they shall have taken the oath of office as such;
(g) The following officers, in the order in which they shall have
taken the oath of office as such:
(1) Remaining Assistant Secretaries of State;
(2) Coordinator for Counterterrorism;
(3) Director General of the Foreign Service; and
(4) Legal Adviser;
(h) United States Representative to the United Nations (New York);
(i) Deputy United States Representative to the United Nations (New
York);
(j) The following other United States Representatives to the United
Nations (New York), in the order in which they shall have taken the oath
of office as such:
(1) United States Representative to the United Nations for
United Nations Management and Reform;
(2) United States Representative to the United Nations on the
Economic and Social Council of the United Nations; and
(3) Alternate United States Representative to the United Nations
for Special Political Affairs in the United Nations;
(k) The following Chiefs of Mission, in the order listed:
(1) United States Ambassador to the United Kingdom;
(2) United States Ambassador to Canada;
(3) United States Ambassador to Australia;
(4) United States Ambassador to Mexico;
(5) United States Ambassador to Japan; and
(6) United States Ambassador to India;
(l) The following officers, in the order in which they shall have
taken the oath of office as such:
(1) United States Ambassadors at Large;
(2) Counselor; and
(3) Special Representatives of the President; and
(m) The remaining Chiefs of Mission, in the order in which they
shall have taken the oath of office as such.
Sec. 3. Exceptions.
(a) No individual who has not been appointed by the President by and
with the consent of the Senate shall act as Secretary pursuant to this
order.
(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.
(c) 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 Secretary.
(d) A successor office, intended to be the equivalent of an office
identified in section 2 of this order, shall be deemed to be the
position identified in section 2 for purposes of this order.
Sec. 4. Executive Order 12343 of January 27, 1982, is hereby
revoked.
George W. Bush.
Ex. Ord. No. 13261. Providing an Order of Succession in the
Environmental Protection Agency and Amending Certain Orders on
Succession
Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, provided:
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) [Amended Ex. Ord. No. 13241, set out above;]
(b) [Amended Ex. Ord. No. 13242, set out above;]
(c) [Amended Ex. Ord. No. 13243, set out above;]
(d) [Amended Ex. Ord. No. 13244, set out above;]
(e) [Amended Ex. Ord. No. 13245, set out above;]
(f) [Amended Ex. Ord. No. 13246, set out above;]
(g) [Amended Ex. Ord. No. 13247, set out above;]
(h) [Amended Ex. Ord. No. 13250, set out above; and]
(i) [Amended Ex. Ord. No. 13251, set out above.]
George W. Bush.
Designation of Officers of the Federal Emergency Management Agency To
Act as Director of the Federal Emergency Management Agency
Memorandum of President of the United States, Nov. 26, 2002, 67 F.R.
79513, provided:
Memorandum for the Director of the Federal Emergency Management
Agency
By the authority vested in me as President under the Constitution
and laws of the United States of America and pursuant to the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order
that:
Section 1. Order of Succession.
During any period when both the Director of the Federal Emergency
Management Agency (Director) and the Deputy Director of the Federal
Emergency Management Agency (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 Federal Emergency
Management Agency, 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 the Director or Deputy Director is able to
perform the functions and duties of the office of Director:
Administrator of the United States Fire Administration;
Administrator of the Federal Insurance and Mitigation
Administration;
Assistant Director, Administration and Resource Planning
Directorate; and
Regional Director, Region IV.
Section 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 memorandum.
(b) Not withstanding the provisions of this memorandum, the
President retains discretion, to the extent permitted by the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d, to depart from this
order in designating an acting Director.
Section 3. Termination.
This memorandum shall terminate immediately upon the transfer of the
authorities, functions, personnel, and assets of the Federal Emergency
Management Agency to the Department of Homeland Security.
Section 4. Publication.
The Director is authorized and directed to publish this memorandum
in the Federal Register.
George W. Bush.
[For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.]
Designation of Officers of the Department of Veterans Affairs To Act as
Secretary of Veterans Affairs
Memorandum of President of the United States, Feb. 12, 2003, 68 F.R.
10141, provided:
Memorandum for the Secretary of Veterans Affairs
By the authority vested in me as President under the Constitution
and laws of the United States of America and pursuant to the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order
that:
Section 1.Order of Succession.
During any period when the Secretary of Veterans Affairs
(Secretary), the Deputy Secretary of Veterans Affairs (Deputy
Secretary), and the officers designated by Executive Order 13247 of
December 18, 2001 [set out above], to perform the functions and duties
of the office of Secretary have died, resigned, or otherwise become
unable to perform the functions and duties of the office of Secretary,
the following officers of the Department of Veterans Affairs, in the
order listed, shall perform the functions and duties of the office of
Secretary, if they are eligible to act as Secretary 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 Secretary:
Veterans Integrated Service Network (VISN) 8 Director, Veterans
Health Administration;
VISN 7 Director, Veterans Health Administration;
Veterans Benefits Administration Southern Area Director; and
North Florida/South Georgia Healthcare System Director.
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 Secretary
pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, 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
memorandum in designating an acting Secretary.
Sec. 3. Publication.
You are authorized and directed to publish this memorandum in the
Federal Register.
George W. Bush.
Designation of Officers of the Office of Personnel Management to Act as
Director of the Office of Personnel Management
Memorandum of President of the United States, Mar. 11, 2003, 68 F.R.
12281, provided:
Memorandum for the Director of the Office of Personnel Management
By the authority vested in me as President under the Constitution
and laws of the United States of America and pursuant to the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 345 [3345] et seq., I hereby
order that:
Section 1. Order of Succession.
During any period when the Director of the Office of Personnel
Management (Director), or the Deputy Director of the Office of Personnel
Management, has died, resigned, or otherwise become unable to perform
the functions and duties of the office of Director, the following
officers of the Office of Personnel Management, 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:
Chief of Staff;
General Counsel;
Associate Director, Management and Chief Financial Officer;
Associate Director, Human Resources Policy;
Associate Director, Human Resources Products and Services;
Associate Director, Human Capital Leadership and Merit Systems
Accountability;
Deputy Associate Director, Center for Investigations Services;
Director, Office of Congressional Relations;
Director, Office of Communications;
Senior Advisor, Homeland Security; and
Senior Advisor, Learning and Knowledge Management.
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 memorandum.
(b) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345-3349d, to depart from this memorandum
in designating an acting Director.
Sec. 3. Publication.
You are authorized and directed to publish this memorandum in the
Federal Register.
George W. Bush.
Section Referred to in Other Sections
This section is referred to in sections 3346, 3347, 3348, 3349,
3349b, 3349c, 3349d, 5535 of this title; title 7 section 2211; title 28
section 508.