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27 December 2005
[Federal Register: December 27, 2005 (Volume 70, Number 247)]
[Presidential Documents]
[Page 76657-76658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de05-110]
Presidential Documents
[[Page 76665]]
Executive Order 13394 of December 22, 2005
Providing an Order of Succession Within the
Department of Defense
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. Subject to the provisions of section 3 of
this order, the officers named in section 2, in the
order listed, shall act as and perform the functions
and duties of the office of the Secretary of Defense
(Secretary) during any period when the Secretary has
died, resigned, or is otherwise unable to perform the
functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of Defense;
(b) Under Secretary of Defense for Intelligence;
(c) Under Secretary of Defense for Policy;
(d) Under Secretary of Defense for Acquisition,
Technology, and Logistics;
(e) Secretary of the Army;
(f) Secretary of the Air Force;
(g) Secretary of the Navy;
(h) Under Secretary of Defense for Personnel and
Readiness and the Under Secretary of Defense
(Comptroller);
(i) Deputy Under Secretary of Defense for
Acquisition and Technology, Deputy Under Secretary of
Defense for Policy, and Deputy Under Secretary of
Defense for Personnel and Readiness;
(j) General Counsel of the Department of Defense,
the Assistant Secretaries of Defense, and the Director
of Operational Test and Evaluation;
(k) Deputy Under Secretary of Defense for Logistics
and Material Readiness and the Director of Defense
Research and Engineering;
(l) Under Secretaries of the Army, the Navy, and
the Air Force; and
(m) Assistant Secretaries of the Army, the Navy,
and the Air Force, and General Counsels of the Army,
the Navy, and the Air Force.
Sec. 3. Exceptions. (a) No individual who is serving in
an office listed in section 2(a)-(m) in an acting
capacity shall act as Secretary pursuant to this order.
(b) Precedence among officers designated within the
same subsection of section 2 of this order shall be
determined by the order in which they have been
appointed to such office by the President. Where
officers designated within the same subsection of
section 2 of this order are appointed on the same date,
precedence will be determined by the order in which
they have taken the oath to serve in that office.
(c) 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.
Sec. 4. Judicial Review. This order is intended to
improve the internal management of the executive branch
and is not intended to, and does
[[Page 76666]]
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, entities, officers, employees or agents, or
any other person.
Sec. 5. Revocation. Executive Order No. 13000 of April
24, 1996, and the President's memorandum of June 2,
2005, entitled: ``Order of Succession of Officers to
Act as Secretary of Defense,'' are hereby revoked.
(Presidential Sig.)B
THE WHITE HOUSE,
December 22, 2005.
[FR Doc. 05-24597 Filed 12-23-05; 12:29 pm]
Billing code 3195-01-P
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[Federal Register: December 27, 2005 (Volume 70, Number 247)]
[Presidential Documents]
[Page 76667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de05-105]
Presidential Documents
[[Page 76667]]
Memorandum of December 22, 2005
Order of Succession of Officers to Act as
Secretary of Defense
Memorandum for the Secretary of Defense
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., and notwithstanding the
Executive Order I issued today entitled, ``Providing an
Order of Succession within the Department of Defense''
(the order), it is hereby ordered as follows:
(1) Subject to the provisions of paragraphs 2 and 4 of
this memorandum, the Acting Deputy Secretary of
Defense, as designated by the President, shall act as
and perform the functions and duties of the office of
the Secretary of Defense (Secretary) during any period
when the Secretary has died, resigned, or is otherwise
unable to perform functions and duties of the office of
the Secretary.
(2) The provisions of paragraph 1 of this memorandum
shall only apply if, at the time of the death,
resignation, or inability of the Secretary, the Acting
Deputy Secretary of Defense meets one or more of the
criteria established in section 3345(a)(1)-(3) of title
5, United States Code.
(3) In all other respects, the order shall remain in
effect.
(4) The authority of this memorandum shall terminate
upon the first appointment by the President of a Deputy
Secretary of Defense to occur subsequent to this
memorandum, unless sooner terminated by operation of
law or by the President.
(5) You are authorized and directed to publish this
memorandum in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, December 22, 2005.
[FR Doc. 05-24598 Filed 12-23-05; 12:29 pm]
Billing code 5004-04-P
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