Other Presidential Documents Sec. 4. Exceptions. (a) No individual who is serving in an office listed in section 2 in an acting capacity shall act as the DNI pursuant to this section. (b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting DNI. Sec. 5. Publication. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 20, 2005. Memorandum of December 22, 2005 Order of Succession of Officers to Act as Secretary of Defense Memorandum for the Secretazy of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et. seq., and notwithstanding the Executive Order I issued today entitled, "Providing an Order of Succession within the Department of Defense" (the order), it is hereby ordered as follows: (1) Subject to the provisions of paragraphs 2 and 4 of this memorandum, the Acting Deputy Secretary of Defense, as designated by the President, shall act as and perform the functions and duties of the office of the Sec- retary of Defense (Secretary) during any period when the Secretary has died, resigned, or is otherwise unable to perform functions and duties of the office of the Secretary. (2) The provisions of paragraph \177 of this memorandum shall only apply if, at the time of the death, resignation, or inability of the Secretary, the Act- ing Deputy Secretary of Defense meets one or more of the criteria estab- lished in section 3345(a)(\177)-(3) of title 5, United States Code. (3) In all other respects, the order shall remain in effect. (4) The authority of this memorandum shall terminate upon the first ap- pointment by the President of a Deputy Secretary of Defense to occur sub- sequent to this memorandum, unless sooner terminated by operation of law or by the President. 281
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