Executive Order 14138—Providing an Order of Succession Within the Office of Management and Budget
Issued 2025-01-03 by Joseph R. Biden Jr.
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 14138, issued by President Biden on January 3, 2025, establishes a formal order of succession within the Office of Management and Budget (OMB). OMB is the largest office within the Executive Office of the President and plays a central role in developing and implementing the federal budget, coordinating regulatory policy, and overseeing executive branch management. This order specifies which officials, ranked in sequence, are authorized to exercise the OMB Director's powers when the Director position is vacant or the Director is unavailable.
The order affects senior OMB officials who are named in the succession line, granting them legal authority to act in the Director's capacity as needed. Maintaining clear succession authority at OMB is particularly significant given the office's role in federal budgeting and regulatory oversight, functions that must continue without interruption.
Succession orders are a routine exercise of presidential authority under Article II of the Constitution and are considered standard administrative housekeeping. They are typically updated during presidential transitions to reflect the current structure and staffing of the relevant office. This order was issued on January 3, 2025, in the final weeks of the Biden administration.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 14138 addresses "Providing an Order of Succession Within the Office of Management and Budget". Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
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