Executive Order 13753-Amending the Order of Succession in the Department of Homeland Security
Issued 2016-12-09 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13753 establishes a clear chain of command for who takes over if the Secretary of Homeland Security dies, resigns, or becomes unable to perform their duties. The order lists eighteen positions in a specific sequence, starting with the Deputy Secretary of Homeland Security and continuing through various under secretaries, administrators, and directors within the Department. This succession plan operates under the Federal Vacancies Reform Act of 1998, which governs how temporary replacements are handled across federal agencies.
The order affects the internal leadership structure of the Department of Homeland Security and determines who would temporarily lead the department during a vacancy at the top. It specifies that someone already serving in an acting capacity cannot use that position to become acting Secretary under this succession plan. However, it preserves the President's authority to choose a different acting Secretary if permitted by law.
This executive action matters because the Department of Homeland Security oversees critical functions including border security, immigration enforcement, emergency management, and transportation security. Having a predetermined succession plan ensures these operations continue without disruption during leadership transitions. The order replaced an earlier succession plan from 2007, updating the list of positions and their order based on the department's current organizational structure.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13753 addresses "Executive Order 13753-Amending the Order of Succession in the Department of Homeland Security". Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
Administration of Barack Obama, 2016 Executive Order 13753—Amending the Order of Succession in the Department of Homeland Security December 9, 2016 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 off