Executive Order Monday: DHS Succession moved around

[EnricoFermi]

http://www.whitehouse.gov/news/releases/2007/08/20070813.html

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);

(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.

-----------------------------------------------------
The Previous Section 88 being referred to (which later had the FEMA roles appended)
http://www.whitehouse.gov/news/releases/2003/02/20030228-8.html

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 Secretary of Homeland Security ("Secretary") 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 Border and Transportation Security;

(iii) Under Secretary for Emergency Preparedness and Response;

(iv) Under Secretary for Information Analysis and Infrastructure Protection;

(v) Under Secretary for Management;

(vi) Under Secretary for Science and Technology;

(vii) General Counsel; and

(viii) Assistant Secretaries in the Department in the order of their date of appointment as such.

(b) Exceptions.

(i) No individual who is serving in an office listed in subsection (a) in an acting capacity 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 Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Secretary.

[SpiralHawk]

1. "You are either with us, or against us." - Commander AWOL

"Smirk, smirk, smirk." - Commander AWOL

[Rex]

2. Hmm

Someone check to see if he is taking Cipro or not.

[ThomWV]

3. This might be worth digging into to see who the persons now filling the offices

are and what their background is. Then the differences between the two lists might become more interesting.

[SpiralHawk]

5. Right-o -- this really needs a legal scholar, or just a good researcher, to track it

through...

...the tangled web.

[helderheid]

4. kick

[EnricoFermi]

6. Compare the changes

From reading the executive orders, it seems that the succession was first adjusted rather dramatically on Dec 29th, 2001 and this is just a readjustment. I'm not sure what to read into this, other than that they are slightly afraid of something catastrophic happening, where this hierarchy would be important. Maybe someone can get something from the information I have gathered.

In General: http://www.whitehouse.gov/news/orders/

Dec. 29 2001 Executive Order on Succession in the Department of Veterans Affairs
Dec. 29 2001 Executive Order on Succession at the Department of State
Dec. 29 2001 Executive Order on Succession at the Department of Labor
Dec. 29 2001 Executive Order on Succession at the Department of Housing and Urban Development
Dec. 29 2001 Executive Order on Succession at the Department of Health and Human Services
Dec. 29 2001 Executive Order on Succession at the Department of Interior
Dec. 29 2001 Executive Order on Succession at the Department of Commerce
Dec. 29 2001 Executive Order on Succession at Department of Agriculture
Dec. 29 2001 Executive Order on Succession in Department of Treasury
Dec. 28 2001 Executive Orders on Succession in Federal Agencies
Mar. 19 2002 Executive Order Providing An Order of Succession in the Environmental Protection Agency and Amending Certain Orders on Succession
Nov. 25, 2002 Homeland Security Act (HSA) of 2002, Pub. L. No. 107-296, 116 Stat. 2135
Jul. 7 2004 Executive Order: Amending Executive Order 13261 on the Order of Succession in the Environmental Protection Agency
Nov. 29 2004 Executive Order: Designation of Additional Officers for the Department of Homeland Security Order of Succession
Jan. 13 2005 Executive Order: Providing An Order of Succession in the Office of Management and Budget
Dec. 22 2005 Executive Order: Providing An Order of Succession Within the Department of Defense
Aug 13 2007 Executive Order: Amending the Order of Succession in the Department of Homeland Security

--------------------------------------------

On November 29, 2004, FEMA was appended:
http://www.whitehouse.gov/news/releases/2004/11/20041129-10.html

So, it went from this:

1. Deputy Secretary of Homeland Security;


2. Under Secretary for Border and Transportation Security;


3. Under Secretary for Emergency Preparedness and Response;


4. Under Secretary for Information Analysis and Infrastructure Protection;


5. Under Secretary for Management;


6. Under Secretary for Science and Technology;


7. General Counsel;


8. Assistant Secretaries in the Department in the order of their date of appointment as such.


9. Director, Region V, Federal Emergency Management Agency;


10. Director, Region VI, Federal Emergency Management Agency;


11. Director, Region VII, Federal Emergency Management Agency;


12. Director, Region VIII, Federal Emergency Management Agency;


13. Director, Region X, Federal Emergency Management Agency.

To this order:
I believe all of these assistant secretaries were covered by 8 above

1. Deputy Secretary of Homeland Security;


2. Under Secretary for National Protection and Programs;


3. Under Secretary for Management;


4. Assistant Secretary of Homeland Security (Policy);


5. Under Secretary for Science and Technology;


6. General Counsel;


7. Assistant Secretary of Homeland Security (Transportation Security Administration);


8. Administrator of the Federal Emergency Management Agency;


9. Commissioner of U.S. Customs and Border Protection;


10. Assistant Secretary of Homeland Security (U.S. Immigration and Customs Enforcement);


11. Director of U.S. Citizenship and Immigration Services;


12. Chief Financial Officer;


13. Regional Administrator, Region V, Federal Emergency Management Agency;


14. Regional Administrator, Region VI, Federal Emergency Management Agency;


15. Regional Administrator, Region VII, Federal Emergency Management Agency;


16. Regional Administrator, Region IX, Federal Emergency Management Agency;


17. Regional Administrator, Region I, Federal Emergency Management Agency.