Order of Succession of Officers to Act as Secretary of Defense

In simple terms

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

Record & deadlines

Dec 22, 2005Signed
Signed by the President
Dec 27, 2005FR published
Published in the Federal Register · 70 FR 76667
Federal Register PDF
Date TBD
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

Secretary of Defense · Department of Defense

Prior policy

supersedeExecutive Order issued same day entitled 'Providing an Order of Succession within the Department of Defense'

What to expect

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Order remains in effect until superseded by Deputy Secretary appointment or presidential action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