EO 14135Executive OrderBiden · D

Executive Order 14135

Providing an Order of Succession Within the Department of Homeland Security

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.

Impact dates

  1. 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

Timeline

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