EXECUTIVE
ORDER
EO 13442
Effective Date: August 15, 2007

Responsible Office: Office of Internal Controls and Management Systems
Subject: Amending the Order of Succession in the Department of Homeland Security

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.

[[Page 45878]]

                ``(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. 
                
                
                    President, George Bush

                THE WHITE HOUSE,

                    August 13, 2007.
		

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