ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R

Presidential Memorandum

Order of Succession of Officers to Act as Secretary of Defense

This memorandum establishes that the Acting Deputy Secretary of Defense, as designated by the President, shall act as Secretary of Defense during any vacancy or inability of the Secretary, provided they meet eligibility criteria under the Federal Vacancies Reform Act. The memorandum supersedes in part an executive order issued the same day and will terminate upon the first subsequent appointment of a Deputy Secretary of Defense.

Federal Register Open PDF 70 FR 76667

Impact dates

  1. Authority terminates upon first appointment of Deputy Secretary of Defense after this memorandum

Key directives

  • Acting Deputy Secretary of Defense shall act as Secretary during vacancy/inability
  • Eligibility limited to those meeting 5 U.S.C. 3345(a)(1)-(3) criteria
  • Same-day executive order remains in effect for all other purposes
  • Authority terminates upon first subsequent Deputy Secretary appointment
  • Secretary of Defense directed to publish in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon signing
  • Acting Deputy Secretary designated by President becomes first in succession if criteria met

Near term (90d)

  • First appointment of Deputy Secretary of Defense will terminate this memorandum's authority

Long term

  • Order remains in effect until superseded by Deputy Secretary appointment or presidential action

Risks & tensions

  • Creates dual framework with same-day EO, potentially causing confusion about which controls
  • Conditional application based on Vacancies Reform Act criteria adds procedural uncertainty during crisis
  • Temporary nature suggests immediate succession planning need
Presidential Memorandum: Order of Succession of Officers to Act as Secretary of Defense · Executive Orders