Designation of Additional Officers for the Department of Homeland Security Order of Succession
Signed November 29, 2004·George W. Bush·69 FR 70173
Source
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Plain-language summary
Establishes an additional order of succession for the Secretary of Homeland Security, specifying that if the Secretary, Deputy Secretary, and other officers already designated under Executive Order 13286 are unable to serve, the functions of the office pass, in listed order, to the Directors of Federal Emergency Management Agency Regions V, VI, VII, VIII, and X, provided they are eligible under the Federal Vacancies Reform Act of 1998. It states that an official serving in one of these listed positions only in an acting capacity cannot become acting Secretary under this order, and that the President retains discretion to depart from this succession order, as permitted by law, in designating an acting Secretary.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Revoked by: EO 13442, August 13, 2007; See: EO 13286, February 28, 2003
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13362 of November 29, 2004
Designation of Additional Officers for the
Department of Homeland Security Order of Succession
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.
(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.
(Presidential Sig.)B
THE WHITE HOUSE,
November 29, 2004.Reproduced from the Federal Register plain-text record, signed November 29, 2004. Typesetting artifacts are removed; no wording is changed.