Presidential Documents

53353 

Federal Register 

Vol. 73, No. 179 

Monday, September 15, 2008 

Title 3— 

The President 

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 


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53354 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Presidential Documents 

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. 

THE WHITE HOUSE, 

September 11, 2008 

[FR Doc. E8–21651 

Filed 9–12–08; 11:15 am] 

Billing code 3195–01–P 


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