[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Presidential Documents]
[Pages 10163-10164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4884]


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  Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / 
Presidential Documents  

[[Page 10163]]


                Executive Order 13533 of March 1, 2010

                
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, as amended, 5 U.S.C. 3345 et seq., it is hereby 
                ordered that:

                Section 1. Order of Succession.

                    (a) Subject to the provisions of section 2 of this 
                order, the following officials of the Department of 
                Defense, 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 in which the 
                Secretary has died, resigned, or otherwise become 
                unable to perform the functions and duties of the 
                office of the Secretary, until such time as the 
                Secretary is able to perform the functions and duties 
                of that office:

(1) Deputy Secretary of Defense;

(2) Secretary of the Army;

(3) Secretary of the Navy;

(4) Secretary of the Air Force;

(5) Under Secretary of Defense for Acquisition, Technology, and Logistics;

(6) Under Secretary of Defense for Policy;

(7) Under Secretary of Defense (Comptroller);

(8) Under Secretary of Defense for Personnel and Readiness;

(9) Under Secretary of Defense for Intelligence;

(10) Deputy Chief Management Officer, Department of Defense;

(11) Principal Deputy Under Secretary of Defense for Acquisition, 
Technology, and Logistics;

(12) Principal Deputy Under Secretary of Defense for Policy;

(13) Principal Deputy Under Secretary of Defense (Comptroller);

(14) Principal Deputy Under Secretary of Defense for Personnel and 
Readiness;

(15) Principal Deputy Under Secretary of Defense for Intelligence;

(16) Director of Defense Research and Engineering;

(17) General Counsel of the Department of Defense, the Assistant 
Secretaries of Defense, the Assistant to the Secretary of Defense for 
Nuclear and Chemical and Biological Defense Programs, the Director of 
Operational Test and Evaluation, the Director of Operational Energy Plans 
and Programs, and the Director of Cost Assessment and Program Evaluation;

(18) Under Secretaries of the Army, the Navy, and the Air Force; and

(19) Assistant Secretaries of the Army, the Navy, and the Air Force, and 
General Counsels of the Army, the Navy, and the Air Force.

                    (b) Precedence among officers designated within the 
                same paragraph of subsection (a) shall be determined by 
                the order in which they have been appointed to such 
                office. Where officers designated within the same 
                paragraph of subsection (a) have the same appointment 
                date, precedence shall

[[Page 10164]]

                be determined by the order in which they have taken the 
                oath to serve in that office.

                Sec. 2. Exceptions.

                    (a) No individual who is serving in an office 
                listed in section 1 in an acting capacity, by virtue of 
                so serving, shall act as Secretary pursuant to this 
                order.
                    (b) No individual listed in section 1 shall act as 
                Secretary unless that individual was appointed by the 
                President, by and with the advice and consent of the 
                Senate, and that individual is otherwise eligible to so 
                serve under the Federal Vacancies Reform Act of 1998, 
                as amended.
                    (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. 3. Revocation. Executive Order 13394 of December 
                22, 2005 (Providing An Order of Succession Within the 
                Department of Defense), is hereby revoked.

                Sec. 4. Judicial Review. This order is not intended to, 
                and does 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, or entities, its officers, employees, or 
                agents, or any other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 1, 2010.

[FR Doc. 2010-4884
Filed 3-4-10; 8:45 am]
Billing code 3195-W0-P