Providing an Order of Succession Within the Department of Defense

This executive order establishes a detailed line of succession for who would act as Secretary of Defense if the Secretary dies, resigns, or becomes unable to serve. It revokes the previous Obama-era succession order from 2010 and specifies 18 tiers of officials, from the Deputy Secretary down to assistant secretaries and general counsels of the military departments.

Federal Register Open PDF 85 FR 81331

Impact dates

Mar 1, 2010
Revoke EO 13533 of March 1, 2010
Mar 1, 2010
Revocation of EO 13533 (March 1, 2010)

Key directives

Establish 18-tier order of succession for Acting Secretary of Defense
Exclude acting officials from ascending to Secretary via this order
Restrict succession to Senate-confirmed appointees eligible under Federal Vacancies Reform Act
Preserve presidential discretion to depart from this order in designating Acting Secretary
Revoke EO 13533 of March 1, 2010

Timeline

Immediate

Revocation of EO 13533 (March 1, 2010)
New succession order takes effect upon signing

Near term (90d)

DoD may need to update internal guidance and notify officials of their standing in succession

Long term

Remains in effect until revoked or modified by future executive action; governs any future Secretary vacancy events

Risks & tensions

Acting officials exclusion (Sec. 2(a)) may create gaps if many top roles are simultaneously vacant or filled by acting appointees
Senate-confirmation requirement (Sec. 2(b)) limits pool during periods of high turnover or confirmation delays
Presidential discretion clause (Sec. 2(c)) preserves flexibility but could undermine predictability of succession in crisis
Tier (xvi) groups multiple disparate roles (General Counsel, Assistant Secretaries, etc.) with unclear internal precedence beyond appointment date/oath order
No explicit provision for simultaneous incapacity of multiple officials in the line