[Weekly Compilation of Presidential Documents Volume 38, Number 12 (Monday, March 25, 2002)]
[Pages 453-454]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13261--Providing An Order of Succession in the 
Environmental Protection Agency and Amending Certain Orders on 
Succession

March 19, 2002

    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) Section 3(a) of Executive Order 13241 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
Agriculture,'' is replaced with the following: ``(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) Section 3(a) of Executive Order 13242 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
Commerce,'' is replaced with the following: ``(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.'';
    (c) Section 3(a) of Executive Order 13243 of December 18, 2001, 
entitled ``Providing

[[Page 454]]

an Order of Succession Within the Department of Housing and Urban 
Development,'' is replaced with the following: ``(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.'';
    (d) Section 3(a) of Executive Order 13244 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of the 
Interior,'' is replaced with the following: ``(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.'';
    (e) Section 3(a) of Executive Order 13245 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
Labor,'' is replaced with the following: ``(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.'';
    (f) Section 3(a) of Executive Order 13246 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of the 
Treasury,'' is replaced with the following: ``(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.'';
    (g) Section 3(a) of Executive Order 13247 of December 18, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
Veterans Affairs,'' is replaced with the following: ``(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.'';
    (h) Section 3(a) of Executive Order 13250 of December 28, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
Health and Human Services,'' is replaced with the following: ``(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.'' and;
    (i) Section 3(b) of Executive Order 13251 of December 28, 2001, 
entitled ``Providing an Order of Succession Within the Department of 
State,'' is replaced with the following: ``(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.''.
                                                George W. Bush
 The White House,
 March 19, 2002.

 [Filed with the Office of the Federal Register, 12:12 p.m., March 20, 
2002]

Note: This Executive order was published in the Federal Register on 
March 21.