Executive Order 12909: Order of Succession of Officers to Act as Secretary of the Air Force
President: Bill Clinton
Set temporary succession to the Air Force Secretary, beginning with the Under Secretary; later vacancies law and departmental instruments now govern practical use.
Status: In effect. Is Executive Order 12909 still in effect? Yes. Executive Order 12909 remains in effect. See Federal Register record.
What does Executive Order 12909 do?
EO 12909 placed the Under Secretary first, followed by Assistant Secretaries and the General Counsel by seniority, then the Chief of Staff, when the Air Force Secretary died, resigned or was disabled. It also applied during temporary absence and excluded a person serving only in an acting capacity in the qualifying office. The order remains published, but its cited former 5 U.S.C. § 3347 was replaced by the Federal Vacancies Reform Act, which must now be considered alongside service delegations.
Before and after
Before the order
No Clinton-era Air Force list addressed the stated vacancy and absence scenarios.
After the order
Named Air Force offices had a precedence order, 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 eligible | During covered vacancy or absence |
| Air Force Secretary | Resolve equal-date precedence | When appointments are made |
What happened next
EO 12909 established the succession list.
The Federal Vacancies Reform Act replaced the cited provision.
No express revocation was identified; later law controls any current use.
Legal and source detail
How it works legally
The executive list is subordinate to the Constitution, Federal Vacancies Reform Act and later service-specific authority. Acting service is temporary and does not itself confer a permanent appointment.
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 →