Executive Order 12908: Order of Succession of Officers to Act as Secretary of the Army
President: Bill Clinton
Set a temporary succession order for the Army Secretary, beginning with the Under Secretary; later vacancies law and departmental instruments now shape its use.
Status: In effect. Is Executive Order 12908 still in effect? Yes. Executive Order 12908 remains in effect. See Federal Register record.
What does Executive Order 12908 do?
EO 12908 placed the Under Secretary first, followed by Assistant Secretaries and the General Counsel by seniority, then the Chief of Staff, when the Army Secretary died, resigned or was disabled. It also addressed temporary absence and excluded officials serving only in an acting capacity in a qualifying office. The order remains published as an executive document, but its cited former 5 U.S.C. § 3347 was replaced by the Federal Vacancies Reform Act. Any modern acting service must be reconciled with current statute and departmental delegation.
Before and after
Before the order
No Clinton-era service-specific succession list covered the stated Army vacancies and absences.
After the order
Named Army offices had an order of precedence, subject to eligibility and later law.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Under Secretary and listed officials | Act in the stated order when the trigger and eligibility rules are met | During covered vacancy or absence |
| Army Secretary | Fix ties among officials with the same appointment date | When appointments are made |
What happened next
EO 12908 established the succession list.
The Federal Vacancies Reform Act replaced the cited vacancies provision.
No express revocation was identified; current authority requires later-law analysis.
Legal and source detail
How it works legally
The order cannot override the Federal Vacancies Reform Act, constitutional appointment requirements or later department-specific law. Its temporary succession does not vacate an official’s permanent office.
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.
- U.S. Code — Federal Vacancies Reform Act (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 14, 2026. How we research →