If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section
3347[1] of title
5, directs another person to perform those duties or until the absence or disability ceases:
(1)The Under Secretary of the Navy.
(2)The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the Secretary of Defense.
(3)The General Counsel of the Department of the Navy.
If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section
3347[1] of title
5, directs another person to perform those duties or until the absence or disability ceases:
(1)The Under Secretary of the Navy.
(2)The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the Secretary of Defense.
(3)The General Counsel of the Department of the Navy.
Section
3347 of title
5, referred to in text, was repealed and a new section
3347 was enacted by Pub. L. 105–277, div. C, title I, § 151(b),Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provisions authorizing the President to direct temporary successors to duties. See section
3345 of Title
5, Government Organization and Employees.
Prior Provisions
Provisions similar to those in this section were contained in section
5036 of this title prior to enactment of Pub. L. 99–433.
Amendments
1994—Pars. (3) to (5). Pub. L. 103–337added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Order of Succession
For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, set out as a note under section
3345 of Title
5.
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10 USC
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