[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Presidential Documents]
[Pages 53353-53354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21651]



[[Page 53351]]

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Part IV





The President





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Executive Order 13472--Executive Branch Responsibilities With Respect 
To Orders of Succession
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  Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 53353]]

                Executive Order 13472 of September 11, 2008

                
Executive Branch Responsibilities With Respect To 
                Orders of Succession

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the Federal 
                Government to ensure that each executive branch agency 
                can perform its essential functions and remain an 
                effectively functioning part of the Federal Government 
                under all conditions. Accordingly, each agency shall 
                take all appropriate actions to establish, maintain, 
                and, as necessary, revise an order of succession, or to 
                propose presidential action to establish or revise an 
                order of succession.

                Sec. 2. Definitions. As used in this order:

(a) ``agency'' means:

(i) an executive agency as defined in section 105 of title 5, United States 
Code, other than the Government Accountability Office; and

(ii) the United States Postal Service and the Postal Regulatory Commission; 
and

(b) ``order of succession'' means a list of officials by position who shall 
act as and perform the functions and duties of the office of the head of 
the agency in the event that the office-holder has died, resigned, or 
otherwise become unable to perform the functions and duties of the office. 
``Order of succession'' does not include any order, rule, memorandum, or 
other document delegating or partially delegating the authority of an 
office.

                Sec. 3. Orders of Succession Requiring Presidential 
                Action. 

(a) Each agency for which presidential action is required to establish an 
order of succession shall draft a proposed order of succession if no such 
order exists and, not later than 30 days from the date of this order, send 
such proposed draft order to the Counsel to the President for review and 
comment.

(b) Each agency described in subsection 3(a) of this order shall send any 
proposed updates or revisions to the agency's order of succession to the 
Counsel to the President for review and comment.

(c) Upon completion of the requirements set forth by subsections (a) or (b) 
of this section with respect to a proposed order, the agency shall submit 
the proposed order to the Office of Management and Budget in accordance 
with Executive Order 11030, as amended.

                Sec. 4. Orders of Succession Not Requiring Presidential 
                Action. (a) Each agency for which presidential action 
                is not required to establish an order of succession 
                because of the agency's existing legal authority shall 
                establish and maintain such order in accordance with 
                applicable law and any applicable guidance issued by 
                the President or the Secretary of Homeland Security, 
                including the laws and guidance regarding continuity 
                plans and programs for the executive branch.

(b) Each agency described in subsection 4(a) of this order shall update and 
revise its order of succession as necessary. Before implementing any 
revisions to its order of succession, such agency shall send the proposed 
revisions to the Counsel to the President for review and comment.

(c) Not later than 30 days from the date of this order, and not later than 
7 days from the issuance date of any subsequent final revision

[[Page 53354]]

to an existing order of succession, each agency described in subsection 
4(a) of this order shall provide a copy of its order of succession to the 
Counsel to the President, the Assistant to the President for Homeland 
Security and Counterterrorism, and the Director of the Office of Management 
and Budget.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) authority granted by law to a department, agency, or the head thereof; 
or

(ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals.

(b) Nothing in this order shall be construed to delegate the President's 
authority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et 
seq., to designate individuals to perform the functions and duties of a 
vacant office temporarily in an acting capacity.

(c) This order shall be implemented in a manner consistent with applicable 
law and subject to the availability of appropriations.

(d) 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 agencies, instrumentalities, or 
entities, its officers, employees, or agents, or any other person.


                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 11, 2008

[FR Doc. E8-21651
Filed 9-12-08; 11:15 am]
Billing code 3195-01-P