EXECUTIVE
ORDER
EO 13394
Effective Date: December 27, 2005

Responsible Office: Office of External Relations
Subject: Providng an Order of Succession Within the Department of Defense

Providing an Order of Succession Within the 
                Department of Defense

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Federal Vacancies Reform Act of 
                1998, 5 U.S.C. 3345 et. seq., it is hereby ordered as 
                follows:

                Section 1. Subject to the provisions of section 3 of 
                this order, the officers named in section 2, in the 
                order listed, shall act as and perform the functions 
                and duties of the office of the Secretary of Defense 
                (Secretary) during any period when the Secretary has 
                died, resigned, or is otherwise unable to perform the 
                functions and duties of the office of Secretary.

                Sec. 2. Order of Succession.

                    (a) Deputy Secretary of Defense;
                    (b) Under Secretary of Defense for Intelligence;
                    (c) Under Secretary of Defense for Policy;
                    (d) Under Secretary of Defense for Acquisition, 
                Technology, and Logistics;
                    (e) Secretary of the Army;
                    (f) Secretary of the Air Force;
                    (g) Secretary of the Navy;
                    (h) Under Secretary of Defense for Personnel and 
                Readiness and the Under Secretary of Defense 
                (Comptroller);
                    (i) Deputy Under Secretary of Defense for 
                Acquisition and Technology, Deputy Under Secretary of 
                Defense for Policy, and Deputy Under Secretary of 
                Defense for Personnel and Readiness;
                    (j) General Counsel of the Department of Defense, 
                the Assistant Secretaries of Defense, and the Director 
                of Operational Test and Evaluation;
                    (k) Deputy Under Secretary of Defense for Logistics 
                and Material Readiness and the Director of Defense 
                Research and Engineering;
                    (l) Under Secretaries of the Army, the Navy, and 
                the Air Force; and
                    (m) Assistant Secretaries of the Army, the Navy, 
                and the Air Force, and General Counsels of the Army, 
                the Navy, and the Air Force.

                Sec. 3. Exceptions. (a) No individual who is serving in 
                an office listed in section 2(a)-(m) in an acting 
                capacity shall act as Secretary pursuant to this order.

                    (b) Precedence among officers designated within the 
                same subsection of section 2 of this order shall be 
                determined by the order in which they have been 
                appointed to such office by the President. Where 
                officers designated within the same subsection of 
                section 2 of this order are appointed on the same date, 
                precedence will be determined by the order in which 
                they have taken the oath to serve in that office.
                    (c) Notwithstanding the provisions of this order, 
                the President retains discretion, to the extent 
                permitted by law, to depart from this order in 
                designating an acting Secretary.

                Sec. 4. Judicial Review. This order is intended to 
                improve the internal management of the executive branch 
                and is not intended to, and does

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                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, entities, officers, employees or agents, or 
                any other person.

                Sec. 5. Revocation. Executive Order No. 13000 of April 
                24, 1996, and the President's memorandum of June 2, 
                2005, entitled: ``Order of Succession of Officers to 
                Act as Secretary of Defense,' are hereby revoked.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     December 22, 2005.
		

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