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, as amended, 5 U.S.C. 3345 et seq. (the "Act"), it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of this order, and to the limitations set forth in the Act, the following officers of the Office of Management and Budget, in the order listed, shall act as and perform the functions and duties of the office of Director during any period in which both 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:
(a) Deputy Director for Management;
(b) Executive Associate Director;
(c) Associate Director (National Security Programs);
(d) Associate Director (General Government Programs);
(e) Associate Director (Education, Income Maintenance, and Labor Programs);
(f) Associate Director (Health Programs);
(g) Associate Director (Natural Resource Programs);
(h) General Counsel;
(i) Administrator for Federal Procurement Policy;
(j) Administrator of the Office of Information and Regulatory Affairs;
(k) Controller, Office of Federal Financial Management;
(l) Administrator of the Office of Electronic Government; and
(m) Intellectual Property Enforcement Coordinator.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)-(m) of this order in an acting capacity, by virtue of so serving, shall act as Director pursuant to this order.
(b) No individual listed in section 1(a)-(m) of this order shall act as Director unless that individual is otherwise eligible to so serve under the Act.
(c) 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.
Sec. 3. Revocation. Executive Order 13370 of January 13, 2005 (Providing an Order of Succession in the Office of Management and Budget), is hereby revoked.
Sec. 4. Judicial Review. 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 departments, agencies, or entities, its officers, employees, or agents, or any other person.