[Weekly Compilation of Presidential Documents Volume 40, Number 49 (Monday, December 6, 2004)]
[Pages 2871-2872]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13362--Designation of Additional Officers for the 
Department of Homeland Security Order of Succession

November 29, 2004

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America and pursuant to the Federal 
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby 
ordered that:
    Section 1.  During any period when the Secretary of Homeland 
Security (Secretary), the Deputy Secretary of Homeland Security, and the 
officers designated to perform the functions and duties of the office of 
Secretary by 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''), have died, resigned, or otherwise become unable to perform 
the functions and duties of the office of Secretary, the following 
officers of the Department of Homeland Security, in the order listed, 
shall perform the functions and duties of the office of Secretary, if 
they are eligible to act as Secretary under the provisions of the 
Federal Vacancies Reform Act of 1998, until such time as at least one of 
the officers mentioned above is able to perform the functions and duties 
of the office of Secretary:
    Director, Region V, Federal Emergency Management Agency;
    Director, Region VI, Federal Emergency Management Agency;
    Director, Region VII, Federal Emergency Management Agency;
    Director, Region VIII, Federal Emergency Management Agency; and
    Director, Region X, Federal Emergency Management Agency.
    Sec. 2. Exceptions.
    (a) No individual who is serving in an office listed in section 1 in 
an acting capacity, by virtue of so serving, shall act as Secretary 
pursuant to this order.

[[Page 2872]]

    (b) Notwithstanding the provisions of this order, the President 
retains discretion, to the extent permitted by law, to depart from this 
order in designating an acting Secretary.
                                                George W. Bush
 The White House,
 November 29, 2004.

 [Filed with the Office of the Federal Register, 9:47 a.m., December 1, 
2004]

Note: This Executive order was published in the Federal Register on 
December 2.