5 U.S.C. § 3345
Section 3345 · Acting officer
Amended 2 times on record
Applied in 57 court decisions — leading case Nat'l Labor Relations Bd. v. SW Gen., Inc. (2017)
Most recently applied in Kennedy v. Braidwood Management, Inc. (June 2025)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The General Schedule, referred to in subsec. (a)(3)(B), is set out under section 5332 of this title.
Amendments
2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
Prior Provisions
A prior section 3345, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 100–398, §7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988, provided for details to office of head of Executive agency or military department, prior to repeal by Pub. L. 105–277, div. C, title I, §151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998.
Effective Date
Pub. L. 105–277, div. C, title I, §151(d), Oct. 21, 1998, 112 Stat. 2681–616, provided that:
“(1) Effective date.—Subject to paragraph (2), this section [enacting this section and sections 3346 to 3349d of this title, repealing former sections 3345 to 3349 of this title, and enacting provisions set out as a note under section 3301 of this title] and the amendments made by this section shall take effect 30 days after the date of enactment of this section [Oct. 21, 1998].
“(2) Application.—
“(A) In general.—This section shall apply to any office that becomes vacant after the effective date of this section.
“(B) Immediate application of time limitation.—Notwithstanding subparagraph (A), for any office vacant on the effective date of this section, the time limitations under section 3346 of title 5, United States Code (as amended by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant on the effective date of this section.
“(C) Certain nominations.—If the President submits to the Senate the nomination of any person after the effective date of this section for an office for which such person had been nominated before such date, the next nomination of such person after such date shall be considered a first nomination of such person to that office for purposes of sections 3345 through 3349 and section 3349d of title 5, United States Code (as amended by this section).”
Order of Succession Within Department of Homeland Security
For order of succession within the Department of Homeland Security, see Ex. Ord. No. 13286, §88, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security.
Executive Order No. 10513
Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, which designated certain officers of the Department of Labor to act as Secretary of Labor during any period of unavailability of both the Secretary and the Deputy Secretary of Labor, was revoked by Ex. Ord. No. 13245, §4, Dec. 8, 2001, 66 F.R. 66269, set out below.
Executive Order No. 11274
Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, which designated certain officers of the Department of Housing and Urban Development to act as Secretary of Housing and Urban Development during any period of unavailability of the Secretary, was revoked by Ex. Ord. No. 13243, §4, Dec. 18, 2001, 66 F.R. 66263, set out below.
Executive Order No. 11487
Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, which designated certain officers of the Department of the Interior to act as Secretary of the Interior during any period of unavailability of both the Secretary and the Deputy Secretary of the Interior, was revoked by Ex. Ord. No. 13244, §4, Dec. 18, 2001, 66 F.R. 66267, set out below.
Executive Order No. 11822
Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, which designated certain officers of the Department of the Treasury to act as Secretary of the Treasury during any period of unavailability of both the Secretary and the Deputy Secretary of the Treasury, was revoked by Ex. Ord. No. 13246, §4, Dec. 18, 2001, 66 F.R. 66270, set out below.
Executive Order No. 11880
Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 5, 1996, 61 F.R. 15873, which designated certain officers of the Department of Commerce to act as Secretary of Commerce during any period of unavailability of both the Secretary and the Deputy Secretary of Commerce, was revoked by Ex. Ord. No. 13242, §4, Dec. 18, 2001, 66 F.R. 66261, set out below.
Executive Order No. 11957
Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, which designated certain officers of the Department of Agriculture to act as Secretary of Agriculture during any period of unavailability of both the Secretary and the Deputy Secretary of Agriculture, was revoked by Ex. Ord. No. 13241, §4, Dec. 18, 2001, 66 F.R. 66259, set out below.
Executive Order No. 12343
Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, which designated certain officers of the Department of State to act as Secretary of State during any period of unavailability of both the Secretary and the Deputy Secretary of State, was revoked by Ex. Ord. No. 13251, §4, Dec. 28, 2001, 67 F.R. 1599, set out below.
Ex. Ord. No. 12879. Order of Succession of Officers To Act as Secretary of the Navy
Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession to the Authority of the Secretary of the Navy.
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Navy, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy:
(1) The Under Secretary of the Navy.
(2) The Assistant Secretaries and General Counsel of the Navy, in the order fixed by their length of services as permanent appointees in such positions.
(3) The Chief of Naval Operations.
(4) The Commandant of the Marine Corps.
(b) In the event of the temporary absence or temporary disability of the Secretary of the Navy, the incumbents holding the Department of the Navy positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy.
(1) In these instances, the designation of an Acting Secretary of the Navy applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of the Navy is merely absent from this position, the Secretary of the Navy may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Navy at the time that such appointments are made.
(d) Notwithstanding paragraph (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Navy under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and exercise the powers of the Secretary of the Navy pursuant to this order shall be on a temporary or interim basis and shall not have the effect of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 12908. Order of Succession of Officers To Act as Secretary of the Army
Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession To Act as the Secretary of the Army.
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Army, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Army:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries and General Counsel of the Army, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Army.
(b) In the event of the absence or temporary disability of the Secretary of the Army, the incumbents holding the Department of the Army positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Army.
(1) The designation of an Acting Secretary of the Army under this subsection applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) When the Secretary of the Army is temporarily absent from the position, the Secretary of the Army may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Army at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Army under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and exercise the powers of the Secretary of the Army pursuant to this order shall be on a temporary or interim basis and shall not have the effect of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 12909. Order of Succession of Officers To Act as Secretary of the Air Force
Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession To Act as the Secretary of the Air Force.
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Air Force, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries and General Counsel of the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Air Force.
(b) In the event of the absence or temporary disability of the Secretary of the Air Force, the incumbents holding the Department of the Air Force positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force.
(1) The designation of an Acting Secretary of the Air Force applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) In the event that the Secretary of the Air Force is temporarily absent from the position, the Secretary of the Air Force may continue to exercise the powers and fulfill the duties of his office during the absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Air Force at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Air Force under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and exercise the powers of the Secretary of the Air Force pursuant to this order shall be on a temporary or interim basis and shall not have the effect of vacating the statutory appointment held by the successor.
William J. Clinton.
Ex. Ord. No. 13000. Order of Succession of Officers To Act as Secretary of Defense
Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Succession to Act as the Secretary of Defense. (a) In the event of the death, permanent disability, or resignation of the Secretary of Defense, the incumbents holding the Department of Defense positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense:
(1) Deputy Secretary of Defense.
(2) Secretary of the Army.
(3) Secretary of the Navy.
(4) Secretary of the Air Force.
(5) Under Secretary of Defense for Acquisition and Technology [now Under Secretary of Defense for Acquisition, Technology, and Logistics].
(6) Under Secretary of Defense for Policy.
(7) Under Secretary of Defense (Comptroller).
(8) Under Secretary of Defense for Personnel and Readiness.
(9) Deputy Under Secretary of Defense for Acquisition and Technology.
(10) Deputy Under Secretary of Defense for Policy.
(11) Director of Defense Research and Engineering.
(12) The Assistant Secretaries of Defense, the Director of Operational Test and Evaluation, and the General Counsel of the Department of Defense, in the order fixed by their length of service as permanent appointees in such positions.
(13) Under Secretaries of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(14) Assistant Secretaries of the Army, the Navy, and the Air Force whose appointments are vested in the President, and General Counsels of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(b) In the event of the temporary absence or temporary disability of the Secretary of Defense, the incumbents holding the Department of Defense positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense.
(1) In these instances, the designation of an Acting Secretary of Defense applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of Defense is temporarily absent from his position, the Secretary may continue to exercise the powers and fulfill the duties of this office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraphs (a)(12)–(14) of this section who have the same appointment date shall be determined by the Secretary of Defense at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of Defense under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to act for and exercise the powers of the Secretary of Defense pursuant to this order shall be on a temporary or interim basis and shall not have the effect of vacating the statutory appointment held by the successor.
Sec. 3. Revocation of Prior Executive Order. Executive Order No. 12787 of December 31, 1991, is hereby revoked.
William J. Clinton.
Ex. Ord. No. 13241. Providing an Order of Succession Within the Department of Agriculture
Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by Ex. Ord. No. 13261, §4(a), Mar. 19, 2002, 67 F.R. 13243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Agriculture (Secretary) during any period when both the Secretary and the Deputy Secretary of Agriculture (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretary of Agriculture for Farm and Foreign Agricultural Services;
(b) Under Secretary of Agriculture for Marketing and Regulatory Programs;
(c) Under Secretary of Agriculture for Rural Development;
(d) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services;
(e) Under Secretary of Agriculture for Natural Resources and Environment;
(f) Under Secretary of Agriculture for Research, Education, and Economics;
(g) Under Secretary of Agriculture for Food Safety;
(h) General Counsel of the Department of Agriculture;
(i) Assistant Secretary of Agriculture for Administration; and
(j) Assistant Secretary of Agriculture for Congressional Relations.
Sec. 3. Exceptions.
(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) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11957 of January 13, 1977, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13242. Providing an Order of Succession Within the Department of Commerce
Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by Ex. Ord. No. 13261, §4(b), Mar. 19, 2002, 67 F.R. 13243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Commerce (Secretary) during any period when both the Secretary and the Deputy Secretary of Commerce (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Commerce;
(b) Under Secretary of Commerce for International Trade;
(c) Under Secretary of Commerce for Economic Affairs;
(d) Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration;
(e) Under Secretary of Commerce for Technology;
(f) Under Secretary of Commerce for Export Administration;
(g) Chief Financial Officer of the Department of Commerce and Assistant Secretary of Commerce in charge of Administration; and
(h) Assistant Secretary of Commerce in charge of Legislative and Intergovernmental Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11880 of October 2, 1975, Executive Order 12998 of April 5, 1996, and section 26 of Executive Order 12608 of September 9, 1987, are hereby revoked.
George W. Bush.
Ex. Ord. No. 13243. Providing an Order of Succession Within the Department of Housing and Urban Development
Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by Ex. Ord. No. 13261, §4(c), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Housing and Urban Development (Secretary) during any period when both the Secretary and the Deputy Secretary of Housing and Urban Development (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Housing and Urban Development;
(b) Assistant Secretary of Housing and Urban Development in charge of Housing-Federal Housing Commission;
(c) Assistant Secretary of Housing and Urban Development in charge of Community, Planning and Development;
(d) Assistant Secretary of Housing and Urban Development in charge of Public and Indian Housing;
(e) Assistant Secretary of Housing and Urban Development in charge of Policy Development and Research;
(f) Assistant Secretary of Housing and Urban Development in charge of Fair Housing and Equal Opportunity;
(g) Assistant Secretary of Housing and Urban Development in charge of Congressional and Intergovernmental Relations;
(h) Assistant Secretary of Housing and Urban Development in charge of Administration; and
(i) Assistant Secretary of Housing and Urban Development in charge of Public Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11274 of March 30, 1996, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13244. Providing an Order of Succession Within the Department of the Interior
Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by Ex. Ord. No. 13261, §4(d), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of the Interior (Secretary) during any period when both the Secretary and the Deputy Secretary of the Interior (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of the Department of the Interior;
(b) Assistant Secretary of the Interior in charge of Policy, Management and Budget;
(c) Assistant Secretary of the Interior in charge of Land and Minerals Management;
(d) Assistant Secretary of the Interior in charge of Water and Science;
(e) Assistant Secretary of the Interior for Fish and Wildlife and Parks; and
(f) Assistant Secretary of the Interior for Indian Affairs.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11487 of October 6, 1969, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13245. Providing an Order of Succession Within the Department of Labor
Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by Ex. Ord. No. 13261, §4(e), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Labor (Secretary) during any period when both the Secretary and the Deputy Secretary of Labor (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of Labor;
(b) Assistant Secretary of Labor in charge of Administration and Management;
(c) Assistant Secretary of Labor in charge of Policy;
(d) Assistant Secretary of Labor in charge of Congressional and Intergovernmental Affairs;
(e) Assistant Secretary of Labor in charge of the Employment and Training Administration;
(f) Assistant Secretary of Labor in charge of the Employment Standards Administration;
(g) Assistant Secretary of Labor in charge of the Pension and Welfare Benefits Administration;
(h) Assistant Secretary of Labor for Occupational Safety and Health;
(i) Assistant Secretary of Labor for Mine Safety and Health;
(j) Assistant Secretary of Labor in charge of the Office of Public Affairs;
(k) Assistant Secretary of Labor for Veterans’ Employment and Training; and
(l) Assistant Secretary of Labor in charge of the Office of Disability Employment Policy.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 10513 of January 19, 1954, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13246. Providing an Order of Succession Within the Department of the Treasury
Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by Ex. Ord. No. 13261, §4(f), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of the Treasury (Secretary) during any period when both the Secretary and the Deputy Secretary of the Treasury (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretaries of the Treasury (including the Under Secretary of the Treasury for Enforcement), in the order in which they shall have taken the oath of office as such officers;
(b) General Counsel of the Department of the Treasury; and
(c) Deputy Under Secretaries of the Treasury and those Assistant Secretaries of the Treasury appointed by the President by and with the consent of the Senate, in the order in which they shall have taken the oath of office as such officers.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11822 of December 10, 1974, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13247. Providing an Order of Succession Within the Department of Veterans Affairs
Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by Ex. Ord. No. 13261, §4(g), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
Sec. 1. Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Veterans Affairs (Secretary) during any period when both the Secretary and the Deputy Secretary of Veterans Affairs (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretary of Veterans Affairs for Health;
(b) Under Secretary of Veterans Affairs for Benefits;
(c) Under Secretary of Veterans Affairs for Memorial Affairs;
(d) General Counsel of the Department of Veterans Affairs;
(e) Assistant Secretaries of Veterans Affairs, in the order in which they shall have taken the oath of office as Assistant Secretaries, other than the Chief Financial Officer and, if an Assistant Secretary, the Chief Information Officer;
(f) Chief Information Officer of the Department of Veterans Affairs, if the Chief Information Officer is an officer appointed by the President by and with the consent of the Senate;
(g) Chief Financial Officer of the Department of Veterans Affairs; and
(h) Chairman, Board of Veterans’ Appeals.
Sec. 3. Exceptions.
(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.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13250. Providing an Order of Succession Within the Department of Health and Human Services
Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by Ex. Ord. No. 13261, §4(h), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and 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 Secretary of Health and Human Services (Secretary) during any period when both the Secretary and the Deputy Secretary of Health and Human Services (Deputy Secretary) have died, resigned, or become otherwise unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) The Assistant Secretaries of Health and Human Services appointed by the President and confirmed by the Senate, in the order in which they shall have taken the oath of office as such;
(b) The General Counsel of the Department of Health and Human Services; and
(c) Other officers within the Department of Health and Human Services who have been appointed by the President by and with the consent of the Senate, in the order in which they shall have taken the oath of office as such.
Sec. 3. Exceptions.
(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.
(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 Secretary.
George W. Bush.
Ex. Ord. No. 13251. Providing an Order of Succession Within the Department of State
Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by Ex. Ord. No. 13261, §4(i), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and 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 duties of, the office of Secretary of State (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of State;
(b) Deputy Secretary of State for Management and Resources;
(c) Under Secretary of State designated for political affairs pursuant to section 2651a(b) of title 22, United States Code;
(d) Under Secretary of State designated for management affairs pursuant to section 2651a(b) of title 22, United States Code;
(e) The remaining Under Secretaries of State, in the order in which they shall have taken the oath of office as such;
(f) Assistant Secretaries of State designated for regional bureaus pursuant to section 2651a(c) of title 22, United States Code, in the order in which they shall have taken the oath of office as such;
(g) The following officers, in the order in which they shall have taken the oath of office as such:
(1) Remaining Assistant Secretaries of State;
(2) Coordinator for Counterterrorism;
(3) Director General of the Foreign Service; and
(4) Legal Adviser;
(h) United States Representative to the United Nations (New York);
(i) Deputy United States Representative to the United Nations (New York);
(j) The following other United States Representatives to the United Nations (New York), in the order in which they shall have taken the oath of office as such:
(1) United States Representative to the United Nations for United Nations Management and Reform;
(2) United States Representative to the United Nations on the Economic and Social Council of the United Nations; and
(3) Alternate United States Representative to the United Nations for Special Political Affairs in the United Nations;
(k) The following Chiefs of Mission, in the order listed:
(1) United States Ambassador to the United Kingdom;
(2) United States Ambassador to Canada;
(3) United States Ambassador to Australia;
(4) United States Ambassador to Mexico;
(5) United States Ambassador to Japan; and
(6) United States Ambassador to India;
(l) The following officers, in the order in which they shall have taken the oath of office as such:
(1) United States Ambassadors at Large;
(2) Counselor; and
(3) Special Representatives of the President; and
(m) The remaining Chiefs of Mission, in the order in which they shall have taken the oath of office as such.
Sec. 3. Exceptions.
(a) No individual who has not been appointed by the President by and with the consent of the Senate shall act as Secretary pursuant to this order.
(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.
(c) 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 Secretary.
(d) A successor office, intended to be the equivalent of an office identified in section 2 of this order, shall be deemed to be the position identified in section 2 for purposes of this order.
Sec. 4. Executive Order 12343 of January 27, 1982, is hereby revoked.
George W. Bush.
Ex. Ord. No. 13261. Providing an Order of Succession in the Environmental Protection Agency and Amending Certain Orders on Succession
Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, as amended by Ex. Ord. No. 13344, July 7, 2004, 69 F.R. 41747, provided:
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, Office of Solid Waste;
(b) Assistant Administrator for Toxic Substances;
(c) Assistant Administrator (Air and Radiation).[;]
(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) [Amended Ex. Ord. No. 13241, set out above;]
(b) [Amended Ex. Ord. No. 13242, set out above;]
(c) [Amended Ex. Ord. No. 13243, set out above;]
(d) [Amended Ex. Ord. No. 13244, set out above;]
(e) [Amended Ex. Ord. No. 13245, set out above;]
(f) [Amended Ex. Ord. No. 13246, set out above;]
(g) [Amended Ex. Ord. No. 13247, set out above;]
(h) [Amended Ex. Ord. No. 13250, set out above; and]
(i) [Amended Ex. Ord. No. 13251, set out above.]
George W. Bush.
Ex. Ord. No. 13370. Providing an Order of Succession in the Office of Management and Budget
Ex. Ord. No. 13370, Jan. 13, 2005, 70 F.R. 3137, provided:
By the authority vested in me as President by 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., it is hereby ordered that:
Section 1. During any period when the Director of the Office of Management and Budget (Director) and the Deputy Director of the Office of Management and Budget (Deputy Director) have died, resigned, or otherwise become unable to perform the functions and duties of the office of Director, the following officers of the Office of Management and Budget, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Director:
Deputy Director for Management;
Executive Associate Director;
Associate Director (National Security Programs);
Associate Director (General Government Programs);
Associate Director (Human Resource Programs);
Associate Director (Natural Resource Programs);
General Counsel;
Administrator for Federal Procurement Policy;
Administrator of the Office of Information and Regulatory Affairs;
Controller, Office of Federal Financial Management; and
Administrator of the Office of Electronic Government.
Sec. 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 Director pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Director.
George W. Bush.
Designation of Officers of the Federal Emergency Management Agency To Act as Director of the Federal Emergency Management Agency
Memorandum of President of the United States, Nov. 26, 2002, 67 F.R. 79513, provided:
Memorandum for the Director of the Federal Emergency Management Agency
By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that:
Section 1. Order of Succession.
During any period when both the Director of the Federal Emergency Management Agency (Director) and the Deputy Director of the Federal Emergency Management Agency (Deputy Director) have died, resigned, or otherwise become unable to perform the functions and duties of the office of Director, the following officers of the Federal Emergency Management Agency, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as the Director or Deputy Director is able to perform the functions and duties of the office of Director:
Administrator of the United States Fire Administration;
Administrator of the Federal Insurance and Mitigation Administration;
Assistant Director, Administration and Resource Planning Directorate; and
Regional Director, 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 Director pursuant to this memorandum.
(b) Not withstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345–3349d, to depart from this order in designating an acting Director.
Section 3. Termination.
This memorandum shall terminate immediately upon the transfer of the authorities, functions, personnel, and assets of the Federal Emergency Management Agency to the Department of Homeland Security.
Section 4. Publication.
The Director is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
Designation of Officers of the Department of Veterans Affairs To Act as Secretary of Veterans Affairs
Memorandum of President of the United States, Feb. 12, 2003, 68 F.R. 10141, provided:
Memorandum for the Secretary of Veterans Affairs
By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that:
Section 1.Order of Succession.
During any period when the Secretary of Veterans Affairs (Secretary), the Deputy Secretary of Veterans Affairs (Deputy Secretary), and the officers designated by Executive Order 13247 of December 18, 2001 [set out above], to perform the functions and duties of the office of Secretary have died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary, the following officers of the Department of Veterans Affairs, in the order listed, shall perform the functions and duties of the office of Secretary, if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Secretary:
Veterans Integrated Service Network (VISN) 8 Director, Veterans Health Administration;
VISN 7 Director, Veterans Health Administration;
Veterans Benefits Administration Southern Area Director; and
North Florida/South Georgia Healthcare System Director.
Sec. 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 Secretary pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, 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 memorandum in designating an acting Secretary.
Sec. 3. Publication.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Designation of Officers of the Office of Personnel Management to Act as Director of the Office of Personnel Management
Memorandum of President of the United States, Mar. 11, 2003, 68 F.R. 12281, provided:
Memorandum for the Director of the Office of Personnel Management
By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 345 [3345] et seq., I hereby order that:
Section 1. Order of Succession.
During any period when the Director of the Office of Personnel Management (Director), or the Deputy Director of the Office of Personnel Management, has died, resigned, or otherwise become unable to perform the functions and duties of the office of Director, the following officers of the Office of Personnel Management, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Director:
Chief of Staff;
General Counsel;
Associate Director, Management and Chief Financial Officer;
Associate Director, Human Resources Policy;
Associate Director, Human Resources Products and Services;
Associate Director, Human Capital Leadership and Merit Systems Accountability;
Deputy Associate Director, Center for Investigations Services;
Director, Office of Congressional Relations;
Director, Office of Communications;
Senior Advisor, Homeland Security; and
Senior Advisor, Learning and Knowledge Management.
Sec. 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 Director pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345–3349d, to depart from this memorandum in designating an acting Director.
Sec. 3. Publication.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.