Order of Succession of Officers To Act as Secretary of the Army
Signed April 22, 1994·William J. Clinton·59 FR 21907
Source
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Plain-language summary
Sets the order in which officials act as Secretary of the Army if the position becomes vacant through death, permanent disability, or resignation, or if the Secretary is temporarily absent or disabled. Succession runs first to the Under Secretary of the Army, then to the Assistant Secretaries and General Counsel of the Army (ranked by length of service in those posts), then to the Chief of Staff of the Army. It specifies that officials with equal appointment dates are ranked as the Secretary determines at the time of appointment, and that an official serving only in an acting capacity in a qualifying position cannot use this order to act as Secretary. It also states that any such succession is temporary or interim and does not vacate the successor's own statutory appointment, and that the Secretary may continue exercising duties during a temporary absence despite the order. Applies to officials within the Department of the Army.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 3347 of title 5, United States Code, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 12908 of April 22, 1994
Order of Succession of Officers To Act as
Secretary of the Army
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 3347 of title 5, United
States Code, it is hereby ordered as follows:
Section 1. Succession To Act as the Secretary of the
Army.
(a) In the event of the death, permanent
disability, or resignation of the Secretary of the
Army, the incumbents holding the positions designated
below, in the order indicated, shall act for and
exercise the powers of the Secretary of the Army:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries and General Counsel of
the Army, in the order fixed by their length of service
as permanent appointees in such positions.
(3) The Chief of Staff of the Army.
(b) In the event of the absence or temporary
disability of the Secretary of the Army, the incumbents
holding the Department of the Army positions designated
in paragraph (a) of this section, in the order
indicated, shall act for and exercise the powers of the
Secretary of the Army.
(1) The designation of an Acting Secretary of the Army
under this subsection applies only for the duration of
the Secretary's absence or disability, and does not
affect the authority of the Secretary to resume the
powers of the Secretary's office.
(2) When the Secretary of the Army is temporarily
absent from the position, the Secretary of the Army may
continue to exercise the powers and fulfill the duties
of his office during his absence, notwithstanding the
provisions of this order.
(c) Precedence among those officers designated in
paragraph (a) of this section who have the same date of
appointment shall be determined by the Secretary of the
Army at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this
section, an officer shall not act for or exercise the
powers of the Secretary of the Army under this order if
that officer serves only in an acting capacity in the
position that would otherwise entitle him to do so.
Sec. 2. Temporary Nature of Succession. Succession to
act for and exercise the powers of the Secretary of the
Army pursuant to this order shall be on a temporary or
interim basis and shall not have the effect of vacating
the statutory appointment held by the successor.
(Presidential Sig.)>
THE WHITE HOUSE,
April 22, 1994.Reproduced from the Federal Register plain-text record, signed April 22, 1994. Typesetting artifacts are removed; no wording is changed.