Providing an Order of Succession Within the Department of Homeland Security
This executive order establishes a clear, temporary line of succession for the Department of Homeland Security (DHS) to act as Secretary when the top four DHS leaders—the Secretary, the Deputy Secretary, the Under Secretary for Management, and any other officers designated to act as Secretary under law—are unavailable. Specifically, if those top officials have died, resigned, or cannot perform their duties, four DHS officials will serve in order of designation: (a) Administrator of the Transportation Security Administration (TSA), (b) Under Secretary for Intelligence and Analysis, (c) Director of the Federal Law Enforcement Training Centers, and (d) Region 3 Administrator of the Federal Emergency Management Agency (FEMA). The order also includes rules about who may or may not act under this order, clarifies that acting officials cannot automatically assume Secretary duties under this order, and gives the President discretion to depart from the order. The order revokes a prior succession order (EO 13753) and renumbers related provisions, while preserving general legal constraints and budget considerations. In short, the President is creating a backstop chain of leadership for DHS to ensure continuous operations if the department’s top four leaders are all unable to serve, while setting guardrails to ensure legal eligibility and clear responsibilities.
Key Points
- 1Establishes an order of succession for acting as DHS Secretary: if the Secretary, Deputy Secretary, the Under Secretary for Management, and any Acting-designated officers are unavailable, the following DHS officials act as Secretary in this sequence: (a) TSA Administrator; (b) Under Secretary for Intelligence and Analysis; (c) Director of the Federal Law Enforcement Training Centers; (d) FEMA Region 3 Administrator.
- 2Section 2 (Exceptions):
- 3- Acting officials in those listed offices cannot rely on this order to act as Secretary; they must be eligible to serve under the Federal Vacancies Reform Act (and related authorities) to act in that capacity.
- 4- If a listed official is designated to act as Secretary under 6 U.S.C. 113, they must act in the order placement established by the Secretary, not according to the list in Section 1.
- 5- The Secretary may place individuals differently under 6 U.S.C. 113, and the President may depart from this order as permitted by law.
- 6Section 3 (Revocation): Repeals Executive Order 13753 (2016) and strikes Section 88 of EO 13286 (2003), removing the old succession framework and renumbering accordingly.
- 7Section 4 (General Provisions):
- 8- The order does not impair other lawful authorities or budget processes.
- 9- Implementation must comply with applicable law and available appropriations.
- 10- The order does not create enforceable rights for individuals.
- 11Implementation and scope: The order is specific to DHS and interacts with existing federal vacancy and acting authority laws; it creates continuity planning for DHS leadership while preserving legal and budgetary constraints.