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EO 13000Executive OrderClinton · D

Executive Order 13000

Order of Succession of Officers To Act as Secretary of Defense

This executive order establishes the line of succession for who may act as Secretary of Defense if the Secretary dies, resigns, becomes permanently disabled, or is temporarily absent or disabled. It revokes the previous succession order from 1991 and specifies 14 tiers of officials, from the Deputy Secretary down to assistant secretaries and general counsels ranked by length of service.

Federal Register Open PDF 61 FR 18483

Impact dates

  1. Secretary of Defense to determine precedence among officers with same appointment date at time appointments are made

Key directives

  • Establish 14-tier succession order for Acting Secretary of Defense
  • Distinguish permanent vacancy scenarios from temporary absence/disability
  • Prohibit acting officials from exercising Secretary powers
  • Clarify temporary succession does not vacate successor's statutory appointment
  • Revoke EO 12787 (1991)

Timeline

Immediate

  • EO takes effect upon signing; prior EO 12787 revoked

Near term (90d)

  • Secretary of Defense to determine precedence rules for officers with same appointment dates under Section 1(c)

Long term

  • Succession framework remains in place until superseded by future executive action

Risks & tensions

  • Vague timing for Section 1(c) precedence determinations—'at the time that such appointments are made' creates ongoing obligation without fixed deadline
  • Acting officials barred from succession may create gaps if multiple top positions are vacant simultaneously
  • Length-of-service tiebreaker for tiers 12-14 may disadvantage newer appointees in crisis scenarios
Executive Order 13000: Order of Succession of Officers To Act as Secretary of Defense · Executive Orders