Providing an Order of Succession Within the Department of Defense

This executive order establishes a formal 13-tier line of succession for who may act as Secretary of Defense if the Secretary dies, resigns, or is unable to serve. It replaces two prior succession documents from 1996 and 2005, and specifies that acting officials cannot ascend to the role while clarifying presidential discretion to depart from the order.

Federal Register Open PDF 70 FR 76665

Impact dates

Dec 22, 2005
EO takes effect; prior succession documents revoked

Key directives

Establish 13-tier order of succession for Secretary of Defense
Prohibit acting officials from serving as Secretary under this order
Determine precedence within same tier by presidential appointment date, then oath date
Preserve presidential discretion to depart from this order as permitted by law
Explicitly preclude judicial enforcement of this order
Revoke Executive Order 13000 (1996) and June 2, 2005 presidential memorandum

Timeline

Immediate

Order takes effect upon signing, revoking prior succession documents

Near term (90d)

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Long term

Establishes permanent succession framework for DOD leadership continuity

Risks & tensions

Explicit disclaimer of judicial reviewability may create ambiguity in contested succession scenarios
Presidential discretion clause (Sec. 3(c)) preserves flexibility but could undermine predictability in crisis
Acting official exclusion (Sec. 3(a)) may complicate transitions during vacancies in subordinate offices