[Weekly Compilation of Presidential Documents Volume 41, Number 51 (Monday, December 26, 2005)]
[Pages 1911-1912]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Order of Succession of Officers To Act as Secretary of 
Defense

December 22, 2005

Memorandum for the Secretary of Defense

Subject: Order of Succession of Officers To Act as Secretary 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., and 
notwithstanding the Executive Order I issued today entitled, ``Providing 
an Order of Succession within the Department of Defense'' (the order), 
it is hereby ordered as follows:
    (1) Subject to the provisions of paragraphs 2 and 4 of this 
memorandum, the Acting Deputy Secretary of Defense, as designated by the 
President, shall act as and perform the functions and duties of the 
office of the Secretary of Defense (Secretary) during any

[[Page 1912]]

period when the Secretary has died, resigned, or is otherwise unable to 
perform functions and duties of the office of the Secretary.
    (2) The provisions of paragraph 1 of this memorandum shall only 
apply if, at the time of the death, resignation, or inability of the 
Secretary, the Acting Deputy Secretary of Defense meets one or more of 
the criteria established in section 3345(a)(1)-(3) of title 5, United 
States Code.
    (3) In all other respects, the order shall remain in effect.
    (4) The authority of this memorandum shall terminate upon the first 
appointment by the President of a Deputy Secretary of Defense to occur 
subsequent to this memorandum, unless sooner terminated by operation of 
law or by the President.
    (5) You are authorized and directed to publish this memorandum in 
the Federal Register.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 12:29 p.m., December 
23, 2005]

Note: This memorandum will be published in the Federal Register on 
December 27.