EO 14135Executive OrderBiden · D

Executive Order 14135

Providing an Order of Succession Within the Department of Homeland Security

In simple terms

This executive order establishes a new line of succession for acting Secretary of Homeland Security, replacing the Obama-era order. It specifies four DHS officials who would assume the role if the Secretary, Deputy Secretary, Under Secretary for Management, and any Secretary-designated officers are unavailable.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 90 FR 2579

  3. Revoke EO 13753 (December 9, 2016)

Key directives

  • Establish order of succession: TSA Administrator, then Under Secretary for Intelligence and Analysis, then FLETC Director, then FEMA Region 3 Administrator
  • Prohibit acting officials from ascending to Secretary via this order
  • Require eligibility under Federal Vacancies Reform Act
  • Preserve presidential discretion to depart from this order
  • Revoke EO 13753 (December 9, 2016)
  • Strike Section 88 of EO 13286 and renumber subsequent sections

Who is ordered

Prior policy

  • revokeExecutive Order 13753 of December 9, 2016 (Amending the Order of Succession in the Department of Homeland Security)
  • otherSection 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)

Related orders

What to expect

Immediate

  • EO 13753 revoked
  • New succession order takes effect
  • Section 88 of EO 13286 struck

Near term (90d)

—

Long term

  • Standing succession framework for DHS continuity of operations

Risks & tensions

  • FEMA Region 3 Administrator is unusually specific and regional for a national succession role; may reflect particular confidence or organizational preference
  • Exclusion of acting officials (Sec. 2a) could create gap if multiple positions are simultaneously vacant in acting capacity
  • Presidential discretion clause (Sec. 2d) preserves flexibility but limits binding effect of the order itself
Executive Order 14135: Providing an Order of Succession Within the Department of Homeland Security · Executive Orders