[Weekly Compilation of Presidential Documents Volume 44, Number 36 (Monday, September 15, 2008)]
[Pages 1198-1199]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13472--Executive Branch Responsibilities With Respect to 
Orders of Succession

September 11, 2008

    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

[[Page 1199]]

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 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.
                                                George W. Bush
 The White House,
 September 11, 2008.

 [Filed with the Office of the Federal Register, 11:15 a.m., September 
12, 2008]

Note: This Executive order was published in the Federal Register on 
September 15.