Providing an Order of Succession Within the Department of Homeland Security

(a) Administrator of the Transportation Security Administration;

(b) Under Secretary for Intelligence and Analysis;

(c) Director of the Federal Law Enforcement Training Centers; and

(d) Region 3 Administrator, Federal Emergency Management Agency.

(b) No individual who is serving in an office listed in section 1(a)-(d) of this order shall act as Secretary pursuant to this order unless that individual is otherwise eligible to so serve under the Act.

(c) If any individual who is serving in an office listed in section 1(a)-(d) of this order is designated by the Secretary pursuant to 6 U.S.C. 113 to act as Secretary, they shall act as Secretary in accordance with their placement in the order established by the Secretary and not in accordance with their placement on the list in section 1 of this order.

(d) 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.

(b) 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 hereby struck in its entirety and the subsequent sections are renumbered accordingly.

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.