Presidential Documents

45877 

Federal Register 

Vol. 72, No. 157 

Wednesday, August 15, 2007 

Title 3— 

The President 

Executive Order 13442 of August 13, 2007 

Amending the Order of Succession in the Department of 

Homeland Security 

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, 5 U.S.C. 3345, et seq., it is hereby ordered as follows: 

Section 1. Section 88 of Executive Order 13286 of February 28, 2003 

(‘‘Amendment of Executive Orders, and Other Actions, in Connection With 

the Transfer of Certain Functions to the Secretary of Homeland Security’’), 

is amended by striking the text of such section in its entirety and inserting 

the following in lieu thereof: 

‘‘Sec. 88. Order of Succession. 

Subject to the provisions of subsection (b) of this section, the officers named 

in subsection (a) of this section, in the order listed, shall act as, and perform 

the functions and duties of the office of, the Secretary of Homeland Security 

(Secretary), if they are eligible to act as Secretary under the provisions 

of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies 

Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of 

Secretary. 

(a) Order of Succession. 

’’(i) Deputy Secretary of Homeland Security; 

(ii) Under Secretary for National Protection and Programs; 

(iii) Under Secretary for Management; 

(iv) Assistant Secretary of Homeland Security (Policy); 

(v) Under Secretary for Science and Technology; 

(vi) General Counsel; 

(vii) Assistant Secretary of Homeland Security (Transportation Security 

Administration); 

(viii) Administrator of the Federal Emergency Management Agency; 

(ix) Commissioner of U.S. Customs and Border Protection; 

(x) Assistant Secretary of Homeland Security (U.S. Immigration and Customs Enforcement); 

(xi) Director of U.S. Citizenship and Immigration Services; 

(xii) Chief Financial Officer; 

(xiii) Regional Administrator, Region V, Federal Emergency Management 

Agency; 

(xiv) Regional Administrator, Region VI, Federal Emergency Management 

Agency; 

(xv) Regional Administrator, Region VII, Federal Emergency Management 

Agency; 

(xvi) Regional Administrator, Region IX, Federal Emergency Management 

Agency; and 

(xvii) Regional Administrator, Region I, Federal Emergency Management 

Agency. 


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45878 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Presidential Documents 

‘‘(b) Exceptions. 

(i) No individual who is serving in an office listed in subsection (a) 

in an acting capacity, by virtue of so serving, shall act as Secretary pursuant 

to this section. 

(ii) Notwithstanding the provisions of this section, the President retains 

discretion, to the extent permitted by the Vacancies Act, to depart from 

this order in designating an acting Secretary.’’

Sec. 2. Executive Order 13362 of November 29, 2004 (‘‘Designation of Additional Officers for the Department of Homeland Security Order of Succession’’), is hereby revoked. 

THE WHITE HOUSE, 

August 13, 2007. 

[FR Doc. 07–4023 

Filed 8–14–07; 8:52 am] 

Billing code 3195–01–P 


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