Order Text:
By the authority vested in me as President by the Constitution and the lawsof the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to ensurethat each executive branch agency can perform its essential functions andremain an effectively functioning part of the Federal Government under allconditions. Accordingly, each agency shall take all appropriate actions toestablish, maintain, and, as necessary, revise an order of succession, orto propose presidential action to establish or revise an order ofsuccession.
Sec. 2. Definitions. As used in this order:
(a) "agency" means:
(i) an executive agency as defined in section 105 of title 5, UnitedStates Code, other than the Government Accountability Office; and
(ii) the United States Postal Service and the Postal RegulatoryCommission; and
(b) "order of succession" means a list of officials by position who shallact as and perform the functions and duties of the office of the head ofthe agency in the event that the office-holder has died, resigned, orotherwise become unable to perform the functions and duties of the office. "Order of succession" does not include any order, rule, memorandum, orother document delegating or partially delegating the authority of anoffice.
Sec. 3. Orders of Succession Requiring Presidential Action.
(a) Each agency for which presidential action is required to establish anorder of succession shall draft a proposed order of succession if no such order exists and, not later than 30 days from thedate of this order, send such proposed draft order to the Counsel to thePresident for review and comment.
(b) Each agency described in subsection 3(a) of this order shall send anyproposed updates or revisions to the agency's order of succession to theCounsel 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 shallsubmit the proposed order to the Office of Management and Budget inaccordance with Executive Order 11030, as amended.
Sec. 4. Orders of Succession Not Requiring Presidential Action. (a) Eachagency for which presidential action is not required to establish an orderof succession because of the agency's existing legal authority shallestablish and maintain such order in accordance with applicable law and anyapplicable guidance issued by the President or the Secretary of HomelandSecurity, including the laws and guidance regarding continuity plans andprograms for the executive branch.
(b) Each agency described in subsection 4(a) of this order shall updateand revise its order of succession as necessary. Before implementing anyrevisions to its order of succession, such agency shall send the proposedrevisions 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 than7 days from the issuance date of any subsequent final revision to anexisting order of succession, each agency described in subsection 4(a) ofthis order shall provide a copy of its order of succession to the Counselto 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 construedto impair or otherwise affect:
(i) authority granted by law to a department, agency, or the headthereof; or
(ii) functions of the Director of the Office of Management and Budgetrelating to budget, administrative, or legislative proposals.
(b) Nothing in this order shall be construed to delegate the President'sauthority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 etseq., to designate individuals to perform the functions and duties of avacant office temporarily in an acting capacity.
(c) This order shall be implemented in a manner consistent with applicablelaw and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right orbenefit, substantive or procedural, enforceable at law or in equity, by anyparty against the United States, its agencies, instrumentalities, orentities, its officers, employees, or agents, or any other person.
GEORGE W. BUSH
