[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Presidential Documents]
[Pages 90667-90668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30272]


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  Federal Register / Vol. 81 , No. 240 / Wednesday, December 14, 2016 / 
Presidential Documents  

[[Page 90667]]


                Executive Order 13753 of December 9, 2016

                
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 Management;

(iii) Administrator of the Federal Emergency Management Agency;

(iv) Under Secretary for National Protection and Programs;

(v) Under Secretary for Science and Technology;

(vi) Under Secretary for Intelligence and Analysis;

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

(viii) Administrator of the Transportation Security Administration;

(ix) Director of U.S. Immigration and Customs Enforcement;

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

(xi) Assistant Secretary for Policy;

(xii) General Counsel;

(xiii) Deputy Under Secretary for Management;

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

(xv) Deputy Administrator of the Transportation Security Administration;

(xvi) Deputy Director of U.S. Immigration and Customs Enforcement;

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

(xviii) Director of the Federal Law Enforcement Training Center.

                    (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.

[[Page 90668]]

 (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 13442 of August 13, 2007 
                (``Amending the Order of Succession in the Department 
                of Homeland Security''), is hereby revoked.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 9, 2016.

[FR Doc. 2016-30272
Filed 12-13-16; 11:15 am]
Billing code 3295-F7-P