Executive Order 13394: Providing an Order of Succession Within the Department of Defense
President: George W. Bush
Set an order of succession for the Secretary of Defense among designated Defense officials.
Status: Revoked — by EO 13533 in 2010.
Is Executive Order 13394 still in effect? No. EO 13533 revoked it in 2010.
What does Executive Order 13394 do?
EO 13533 expressly revoked EO 13394 in March 2010 and established a replacement Defense succession list.
SignedDecember 22, 2005
Original directionSet an order of succession for the Secretary of Defense among designated Defense officials.
Later evidenceEO 13533 expressly revoked EO 13394 in March 2010 and established a replacement Defense succession list.
Review dateSeptember 26, 2026
Before and after
Before the order
A prior succession instrument governed which Defense officers could perform the Secretary's functions during vacancies or unavailability.
After the order
EO 13533 expressly revoked EO 13394 in March 2010 and established a replacement Defense succession list.
A succession order allocates temporary authority and does not appoint a Secretary or override statutory limits on acting service.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Deputy Secretary of Defense | Act as Secretary of Defense at succession level 1, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of Defense for Intelligence | Act as Secretary of Defense at succession level 2, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of Defense for Policy | Act as Secretary of Defense at succession level 3, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of Defense for Acquisition, Technology, and Logistics | Act as Secretary of Defense at succession level 4, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Secretary of the Army | Act as Secretary of Defense at succession level 5, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Secretary of the Air Force | Act as Secretary of Defense at succession level 6, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Secretary of the Navy | Act as Secretary of Defense at succession level 7, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of Defense for Personnel and Readiness | Act as Secretary of Defense at succession level 8, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of Defense (Comptroller) | Act as Secretary of Defense at succession level 8, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Deputy Under Secretary of Defense for Acquisition and Technology | Act as Secretary of Defense at succession level 9, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Deputy Under Secretary of Defense for Policy | Act as Secretary of Defense at succession level 9, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Deputy Under Secretary of Defense for Personnel and Readiness | Act as Secretary of Defense at succession level 9, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| General Counsel of the Department of Defense | Act as Secretary of Defense at succession level 10, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Assistant Secretaries of Defense | Act as Secretary of Defense at succession level 10, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Director of Operational Test and Evaluation | Act as Secretary of Defense at succession level 10, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Deputy Under Secretary of Defense for Logistics and Material Readiness | Act as Secretary of Defense at succession level 11, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Director of Defense Research and Engineering | Act as Secretary of Defense at succession level 11, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of the Army | Act as Secretary of Defense at succession level 12, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of the Navy | Act as Secretary of Defense at succession level 12, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Under Secretary of the Air Force | Act as Secretary of Defense at succession level 12, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Assistant Secretaries of the Army | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Assistant Secretaries of the Navy | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Assistant Secretaries of the Air Force | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| General Counsel of the Army | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| General Counsel of the Navy | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| General Counsel of the Air Force | Act as Secretary of Defense at succession level 13, subject to higher-precedence eligible officials and the President’s lawful discretion to depart from the order. Acting incumbents are ineligible; same-level precedence follows presidential appointment date, then oath order. | Triggered by the Secretary’s death, resignation, or inability to perform the office’s duties. |
| Later action | EO 13533 expressly revoked EO 13394 in March 2010 and established a replacement Defense succession list. | March 1, 2010 |
What happened next
EO 13394 signed.
EO 13533 expressly revoked EO 13394 in March 2010 and established a replacement Defense succession list.
Legal and source detail
How it works legally
A succession order allocates temporary authority and does not appoint a Secretary or override statutory limits on acting service.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — official executive-order record (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 26, 2026. How we research →