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EO 13963Executive OrderTrump 45 · R

Executive Order 13963

Providing an Order of Succession Within the Department of Defense

Defense & SecurityDefense & SecurityFederal WorkforceFederal Workforce

In simple terms

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

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 85 FR 81331

    Federal Register PDF

  3. Revoke EO 13533 of March 1, 2010

  4. 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

Prior policyRollback

  • revokeExecutive Order 13533 of March 1, 2010 (Providing an Order of Succession Within the Department of Defense)

Related orders

What to expect

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
Executive Order 13963: Providing an Order of Succession Within the Department of Defense · Executive Orders