Economy, finance and labor

Executive Order 13370: Providing an Order of Succession in the Office of Management and Budget

President: George W. Bush

Listed eligible OMB officials who could act as Director after the Director and Deputy Director were unable to serve.

Status: Revoked. Is Executive Order 13370 still in effect? No. Executive Order 13370 was revoked. See Federal Register record. EO 13615 revoked this order.

What does Executive Order 13370 do?

EO 13370 specified an ordered list beginning with the Deputy Director for Management and Executive Associate Director, followed by associate directors, counsel and other OMB officials. Eligibility remained subject to the Act. EO 13615 expressly revoked EO 13370 and issued a revised OMB succession list.

SignedJanuary 13, 2005
Earlier frameworkThe Federal Vacancies Reform Act governed eligible acting officials and limits on temporary service.
Responsible bodyOffice of Management and Budget
Later primary evidenceMay 21, 2012: EO 13615 expressly revoked EO 13370 and issued a revised OMB succession list.

Before and after

Before the order

The Federal Vacancies Reform Act governed eligible acting officials and limits on temporary service.

After the order

EO 13370 specified an ordered list beginning with the Deputy Director for Management and Executive Associate Director, followed by associate directors, counsel and other OMB officials. Eligibility remained subject to the Act.

EO 13615 expressly revoked EO 13370 and issued a revised OMB succession list.

What did the signed order change?

The Federal Vacancies Reform Act governed eligible acting officials and limits on temporary service. EO 13370 specified an ordered list beginning with the Deputy Director for Management and Executive Associate Director, followed by associate directors, counsel and other OMB officials. Eligibility remained subject to the Act.

What happened later?

EO 13615 — OMB succession and revocation documents this later development: EO 13615 expressly revoked EO 13370 and issued a revised OMB succession list.

What does that evidence establish?

The order did not make an otherwise ineligible officer eligible and preserved lawful presidential discretion. EO 13615 ended this particular 2005 list in 2012. Do not use the 2005 list to identify the current acting Director. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Office of Management and BudgetSelected eligible acting leadership under the statutory vacancy rulesUnder the signed order and governing law

What happened next

EO 13370 signed.

EO 13615 expressly revoked EO 13370 and issued a revised OMB succession list.