    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book II)]
    [July 7, 2004]
    [Pages 1247-1248]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Designation of Officers of the Environmental Protection
    Agency
    July 7, 2004

    Memorandum for the Administrator of the Environmental Protection Agency

    Subject: Designation of Officers of the Environmental Protection Agency

        By the authority vested in me as President under 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. (the ``Act''), I
    hereby order that:
        Section 1. Order of Succession.
        During any period in which the Administrator of the Environmental
    Protection Agency (Administrator), the Deputy Administrator of the
    Environmental Protection Agency, and the officers designated by
    Executive Order 13261 of March 19, 2002, entitled, ``Providing an Order
    of Succession in the Environmental Protection Agency and Amending
    Certain Orders on Succession,'' as amended, to perform the functions and
    duties of the Administrator have died, resigned, or otherwise become
    unable to perform the functions and duties of the office of
    Administrator, the following officers of the Environmental Protection
    Agency, in the order listed, shall perform the functions and duties of
    the office of Administrator, if they are eligible to act as
    Administrator under the provisions of the Act, until such time as at
    least one of the officers mentioned above is able to perform the
    functions and duties of the office of Administrator:
         Regional Administrator, Region I; and
         Deputy Regional Administrator, 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 Administrator pursuant to this memorandum.
           (b)   Notwithstanding the provisions of this memorandum, the
                President retains discretion, to the extent permitted by the
                Act, to depart from this memorandum in designating an acting
                Administrator.
        Section 3. Prior Memorandum Superceded.
        This memorandum supercedes the Presidential Memorandum of March 19,
    2002, entitled, ``Designation of Officers of the Environmental
    Protection Agency.''

                                                              George W. Bush

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