[Weekly Compilation of Presidential Documents Volume 43, Number 33 (Monday, August 20, 2007)]
[Pages 1076-1077]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13442--Amending the Order of Succession in the 
Department of Homeland Security

August 13, 2007

    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);

[[Page 1077]]

(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.
    ``(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.
                                                George W. Bush
 The White House,
 August 13, 2007.

 [Filed with the Office of the Federal Register, 8:52 a.m., August 14, 
2007]

Note: This Executive order was published in the Federal Register on 
August 15.