Executive Orders EO 13261 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 func- tions and duties of the office of the Administrator of the Environmental Protection Agency (Administrator) during any period when both the Ad- ministrator 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 act- ing Administrator. Sec. 4. Amendments to Certain Executive Orders providing Orders of Suc- cession. Executive Orders 1324\177, \1773242, \1773243, \1773244, 13245, \1773246, and \1773247 of December \1778, 200% and Executive Orders 13250 and \177325\177 of De- cember 28, 200% are hereby amended as follows: (a) Section 3(a) of Executive Order \1773241 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Agriculture," is replaced with the following: "(a) No individual who is serving in an of- fice 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 \1773242 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Commerce," is replaced with the following: "(a) No individual who is serving in an of- fice 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 \1773243 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Housing and Urban Development," is replaced with the following: "(a) No individual 209
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