Executive Order 13442: Amending the Order of Succession in the Department of Homeland Security
President: George W. Bush
Amended the succession order for the Secretary of Homeland Security.
Status: Revoked. Is Executive Order 13442 still in effect? No. Executive Order 13442 was revoked. See Federal Register record. EO 13753 revoked this order.
What does Executive Order 13442 do?
EO 13753 expressly revoked EO 13442 in December 2016 and inserted a revised succession list in EO 13286.
Before and after
Before the order
EO 13286 set an earlier order of succession for the department.
After the order
EO 13753 expressly revoked EO 13442 in December 2016 and inserted a revised succession list in EO 13286.
The successor list operates subject to the Federal Vacancies Reform Act and its stated exceptions.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Deputy Secretary of Homeland Security | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 1; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Under Secretary for National Protection and Programs | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 2; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Under Secretary for Management | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 3; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Assistant Secretary of Homeland Security (Policy) | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 4; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Under Secretary for Science and Technology | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 5; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| General Counsel | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 6; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Assistant Secretary of Homeland Security (Transportation Security Administration) | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 7; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Administrator of the Federal Emergency Management Agency | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 8; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Commissioner of U.S. Customs and Border Protection | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 9; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Assistant Secretary of Homeland Security (U.S. Immigration and Customs Enforcement) | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 10; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Director of U.S. Citizenship and Immigration Services | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 11; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Chief Financial Officer | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 12; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Regional Administrator, FEMA Region V | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 13; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Regional Administrator, FEMA Region VI | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 14; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Regional Administrator, FEMA Region VII | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 15; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Regional Administrator, FEMA Region IX | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 16; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Regional Administrator, FEMA Region I | Act as Secretary of Homeland Security and perform that office's duties in the listed sequence, if eligible under the Federal Vacancies Reform Act; acting service in the listed office alone does not qualify. The President may select a different eligible acting Secretary. | Position 17; when the Secretary dies, resigns, or becomes unable to perform the office's duties. |
| Later action | EO 13753 expressly revoked EO 13442 in December 2016 and inserted a revised succession list in EO 13286. | December 9, 2016 |
What happened next
EO 13442 signed.
EO 13753 expressly revoked EO 13442 in December 2016 and inserted a revised succession list in EO 13286.
Legal and source detail
How it works legally
The successor list operates subject to the Federal Vacancies Reform Act and its stated exceptions.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — official executive-order record (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 26, 2026. How we research →