Order of Succession of Officers To Act as Secretary of the Air Force
Signed April 22, 1994·William J. Clinton·59 FR 21909
Source
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Plain-language summary
Sets the order in which officials act as Secretary of the Air Force if the Secretary dies, becomes permanently disabled, resigns, or is temporarily absent or disabled. The sequence runs from the Under Secretary of the Air Force, to the Assistant Secretaries and General Counsel of the Air Force (ranked by length of service in their positions), to the Chief of Staff of the Air Force. It specifies that an acting designation applies only for the duration of the absence and does not stop the Secretary from resuming duties, that the Secretary may keep exercising powers during a temporary absence despite the order, that the Secretary decides precedence among officials appointed on the same date, and that an official serving only in an acting capacity cannot use that position to claim the succession right. It also states that any such succession is temporary and does not vacate the successor's own statutory appointment.
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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
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The order, in full
Executive Order 12909 of April 22, 1994
Order of Succession of Officers To Act as
Secretary of the Air Force
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
Air Force.
(a) In the event of the death, permanent
disability, or resignation of the Secretary of the Air
Force, the incumbents holding the positions designated
below, in the order indicated, shall act for and
exercise the powers of the Secretary of the Air Force:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries and General Counsel of
the Air Force, in the order fixed by their length of
service as permanent appointees in such positions.
(3) The Chief of Staff of the Air Force.
(b) In the event of the absence or temporary
disability of the Secretary of the Air Force, the
incumbents holding the Department of the Air Force
positions designated in paragraph (a) of this section,
in the order indicated, shall act for and exercise the
powers of the Secretary of the Air Force.
(1) The designation of an Acting Secretary of the Air
Force 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) In the event that the Secretary of the Air Force is
temporarily absent from the position, the Secretary of
the Air Force may continue to exercise the powers and
fulfill the duties of his office during the 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
Air Force 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 Air Force 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
Air Force 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.