
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3345]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
 
Sec. 3345. Acting officer

    (a) If an officer of an Executive agency (including the Executive 
Office of the President, and other than the General Accounting Office) 
whose appointment to office is required to be made by the President, by 
and with the advice and consent of the Senate, dies, resigns, or is 
otherwise unable to perform the functions and duties of the office--
        (1) the first assistant to the office of such officer shall 
    perform the functions and duties of the office temporarily in an 
    acting capacity subject to the time limitations of section 3346;
        (2) notwithstanding paragraph (1), the President (and only the 
    President) may direct a person who serves in an office for which 
    appointment is required to be made by the President, by and with the 
    advice and consent of the Senate, to perform the functions and 
    duties of the vacant office temporarily in an acting capacity 
    subject to the time limitations of section 3346; or
        (3) notwithstanding paragraph (1), the President (and only the 
    President) may direct an officer or employee of such Executive 
    agency to perform the functions and duties of the vacant office 
    temporarily in an acting capacity, subject to the time limitations 
    of section 3346, if--
            (A) during the 365-day period preceding the date of death, 
        resignation, or beginning of inability to serve of the 
        applicable officer, the officer or employee served in a position 
        in such agency for not less than 90 days; and
            (B) the rate of pay for the position described under 
        subparagraph (A) is equal to or greater than the minimum rate of 
        pay payable for a position at GS-15 of the General Schedule.

    (b)(1) Notwithstanding subsection (a)(1), a person may not serve as 
an acting officer for an office under this section, if--
        (A) during the 365-day period preceding the date of the death, 
    resignation, or beginning of inability to serve, such person--
            (i) did not serve in the position of first assistant to the 
        office of such officer; or
            (ii) served in the position of first assistant to the office 
        of such officer for less than 90 days; and

        (B) the President submits a nomination of such person to the 
    Senate for appointment to such office.

    (2) Paragraph (1) shall not apply to any person if--
        (A) such person is serving as the first assistant to the office 
    of an officer described under subsection (a);
        (B) the office of such first assistant is an office for which 
    appointment is required to be made by the President, by and with the 
    advice and consent of the Senate; and
        (C) the Senate has approved the appointment of such person to 
    such office.

    (c)(1) Notwithstanding subsection (a)(1), the President (and only 
the President) may direct an officer who is nominated by the President 
for reappointment for an additional term to the same office in an 
Executive department without a break in service, to continue to serve in 
that office subject to the time limitations in section 3346, until such 
time as the Senate has acted to confirm or reject the nomination, 
notwithstanding adjournment sine die.
    (2) For purposes of this section and sections 3346, 3347, 3348, 
3349, 3349a, and 3349d, the expiration of a term of office is an 
inability to perform the functions and duties of such office.

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21, 1998, 112 
Stat. 2681-611.)

                       References in Text

    The General Schedule, referred to in subsec. (a)(3)(B), is set out 
under section 5332 of this title.


                            Prior Provisions

    A prior section 3345, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425; 
Pub. L. 100-398, Sec. 7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988, 
provided for details to office of head of Executive agency or military 
department, prior to repeal by Pub. L. 105-277, div. C, title I, 
Sec. 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681-611, 2681-616, 
effective 30 days after Oct. 21, 1998.


                             Effective Date

    Pub. L. 105-277, div. C, title I, Sec. 151(d), Oct. 21, 1998, 112 
Stat. 2681-616, provided that:
    ``(1) Effective date.--Subject to paragraph (2), this section 
[enacting this section and sections 3346 to 3349d of this title, 
repealing former sections 3345 to 3349 of this title, and enacting 
provisions set out as a note under section 3301 of this title] and the 
amendments made by this section shall take effect 30 days after the date 
of enactment of this section [Oct. 21, 1998].
    ``(2) Application.--
        ``(A) In general.--This section shall apply to any office that 
    becomes vacant after the effective date of this section.
        ``(B) Immediate application of time limitation.--Notwithstanding 
    subparagraph (A), for any office vacant on the effective date of 
    this section, the time limitations under section 3346 of title 5, 
    United States Code (as amended by this section) shall apply to such 
    office. Such time limitations shall apply as though such office 
    first became vacant on the effective date of this section.
        ``(C) Certain nominations.--If the President submits to the 
    Senate the nomination of any person after the effective date of this 
    section for an office for which such person had been nominated 
    before such date, the next nomination of such person after such date 
    shall be considered a first nomination of such person to that office 
    for purposes of sections 3345 through 3349 and section 3349d of 
    title 5, United States Code (as amended by this section).''

Ex. Ord. No. 10513. Designation of Officers To Act as Secretary of Labor

    Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, provided:
    I hereby authorize and direct the Assistant Secretaries of Labor and 
the Solicitor of Labor, in the order designated as hereinafter provided, 
to perform the duties of the office of the Secretary of Labor in case of 
the absence, sickness, resignation, or death of both the Secretary of 
Labor and the Under [Deputy] Secretary of Labor.
    The Assistant Secretaries of Labor and the Solicitor of Labor shall 
act as Secretary of Labor as herein provided (1) in such order as the 
Secretary of Labor (or the Under [Deputy] Secretary when acting as 
Secretary) may by order designate from time to time, or (2) if no such 
designation order is in effect at the time, in the order of the 
respective dates of their commissions, or in the event that two or more 
of their commissions bear the same date, in the order in which they 
shall have taken their oath of office.
    This order supersedes Executive Order No. 9968 of June 17, 1948, 
entitled ``Designation of Certain Officers To Act as Secretary of 
Labor.''
                                                   Dwight D. Eisenhower.

Ex. Ord. No. 11274. Order of Succession--Department of Housing and Urban 
                               Development

    Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub. 
L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 
Stat. 1427, 1454, provided:
    By virtue of the authority vested in me by Section 179 of the 
Revised Statutes (5 U.S.C. 6) and Section 301 of Title 3 of the United 
States Code, and as President of the United States, it is ordered as 
follows:
    1. In the event of a vacancy in the Office of the Secretary of 
Housing and Urban Development or during the absence or disability of the 
Secretary, the Deputy Secretary shall act as Secretary of Housing and 
Urban Development.
    2. During any period when, by reason of absence, disability, or 
vacancy in office, neither the Secretary nor the Deputy Secretary is 
available to exercise the powers or perform the duties of the Office of 
the Secretary, an Assistant Secretary or the General Counsel, in such 
order as the Secretary may from time to time prescribe, shall act as 
Secretary of Housing and Urban Development. If no such order of 
succession is in effect at that time, then they shall act in the order 
in which they shall have taken office as Assistant Secretaries or 
General Counsel.

  Ex. Ord. No. 11487. Designation of Officers of the Department of the 
              Interior To Act as Secretary of the Interior

    Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub. 
L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 
Stat. 1427, 1454, provided:
    By virtue of the authority vested in me by [former] section 3347 of 
title 5 of the United States Code and section 301 of title 3 of the 
United States Code, and as President of the United States, it is ordered 
as follows:
    Section 1. During any period when by reason of absence, disability, 
or vacancy in office, neither the Secretary of the Interior nor the 
Deputy Secretary of the Interior is available to exercise the powers or 
perform the duties of the office of Secretary, an Assistant Secretary of 
the Interior or the Solicitor of the Department of the Interior, in such 
order as the Secretary of the Interior may from time to time prescribe, 
shall act as Secretary. If no such order of succession is in effect at 
that time, they shall act as Secretary in the order in which they shall 
have taken office as Assistant Secretaries or Solicitor.
    Sec. 2. This order supersedes Executive Order No. 10753 of February 
15, 1958, entitled ``Designation of certain officers of the Department 
of the Interior to act as Secretary of the Interior.''

  Ex. Ord. No. 11822. Designation of Officers of the Department of the 
              Treasury To Act as Secretary of the Treasury

    Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, provided:
    By virtue of the authority vested in me by [former] section 3347 of 
title 5 and section 301 of title 3 of the United States Code and as 
President of the United States, it is ordered as follows:
    Section 1. During any period when, by reason of absence, disability, 
or vacancy in office, either the Secretary of the Treasury or his Deputy 
Secretary is not available to exercise the powers or perform the duties 
of the office of Secretary, an officer from the Department of the 
Treasury appointed by the President--by and with the advice and consent 
of the Senate, in such order as the Secretary of the Treasury may from 
time to time prescribe--shall act as Secretary until the absence or the 
disability of the incumbent shall cease, or until a successor is 
appointed. If no such order of succession is in effect at that time, 
then such officers shall act as Secretary in the descending order of 
rank, as established by their offices being listed in sections 5314, 
5315 or 5316 of title 5 of the United States Code and, at each level of 
the Executive Schedule, in the order which they shall have taken the 
oath as such officers.
    Sec. 2. Executive Order No. 11680 of August 21, 1972, entitled 
``Designation of Certain Officers to Act as Secretary of the Treasury'' 
is hereby revoked.
                                                         Gerald R. Ford.

    Ex. Ord. No. 11880. Designation of Officers of the Department of 
                Commerce To Act as Secretary of Commerce

    Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 
5, 1996, 61 F.R. 15873, provided:
    By virtue of the authority vested in me by [former] section 3347 of 
Title 5 of the United States Code and section 301 of Title 3 of the 
United States Code, and as President of the United States, it is hereby 
ordered as follows:
    Section 1. During any period when, by reason of absence, disability 
or vacancy in office, both the Secretary of Commerce and the Deputy 
Secretary of Commerce are not available to exercise the powers or 
perform the duties of the Office of Secretary, an Assistant Secretary of 
Commerce, the General Counsel of the Department of Commerce, or an 
officer of the Department of Commerce appointed by the President with 
the advice and consent of the Senate in such order as the Secretary of 
Commerce may from time to time prescribe, shall act as Secretary. If no 
such order of succession is in effect at that time, an Assistant 
Secretary or the General Counsel shall act as Secretary in the order in 
which they shall have taken office as Assistant Secretaries or General 
Counsel.
    Sec. 2. The President may at any time, pursuant to law but without 
regard to the foregoing provisions of this order, direct that an 
officer, as defined in [former] 5 U.S.C. 3347, and specified by the 
President shall act as Secretary of Commerce.
    Sec. 3. This Order supersedes Executive Order No. 11388 of January 
15, 1968.

Ex. Ord. No. 11957. Designation of Certain Officers of the Department of 
             Agriculture To Act as Secretary of Agriculture.

    Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, provided:
    By virtue of the authority vested in me by [former] Section 3347 of 
Title 5 and section 301 of Title 3 of the United States Code, and as 
President of the United States of America, it is hereby ordered as 
follows:
    Section 1. During any period when, by reason of absence, disability, 
or vacancy in office, both the Secretary of Agriculture and the Deputy 
Secretary of Agriculture are not available to exercise the powers or 
perform the duties of the Office of Secretary, the officers from the 
Department of Agriculture whose appointments are vested in the 
President, by and with the advice and consent of the Senate, shall act 
as Secretary in such order as the Secretary of Agriculture may from time 
to time prescribe. If no such order of succession is in effect at that 
time, then such officers shall act as Secretary in the descending order 
of rank, as established by the listing of their offices in Sections 
5314, 5315 or 5316 of Title 5 of the United States Code and, at each 
level of the Executive Schedule, in the order in which they shall have 
taken oath as such officers.
    Sec. 2. Executive Order No. 11793 of July 10, 1974, is hereby 
revoked.
                                                         Gerald R. Ford.

Ex. Ord. No. 12343. Designation of Certain Officers To Act as Secretary 
                                of State

    Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, provided:
    By the authority vested in me as President of the United States of 
America by [former] Section 3347 of Title 5 and Section 301 of Title 3 
of the United States Code, it is hereby ordered as follows:
    Section 1. During any period when, by reason of absence, disability, 
or vacancy in office, neither the Secretary of State nor the Deputy 
Secretary of State, is available to exercise the powers or perform the 
duties of the Office of the Secretary, an officer from the Department of 
State who has been appointed by the President, by and with the advice 
and consent of the Senate, in such order as the Secretary of State may 
from time to time prescribe, shall act as Secretary. If no such order of 
succession is in effect at that time, then such officers shall act as 
Secretary in descending order of rank, as established by the listing of 
their offices in Sections 5314 or 5315 of Title 5 of the United States 
Code, and at each level of the Executive Schedule in the order in which 
they shall have taken the oath as such officers.
    Sec. 2. The President may at any time, pursuant to law but without 
regard to the foregoing provisions of this Order, direct that an officer 
specified by the President shall act as Secretary of State.
    Sec. 3. Executive Order No. 10839 is revoked.
                                                          Ronald Reagan.

Ex. Ord. No. 12879. Order of Succession of Officers To Act as Secretary 
                               of the Navy

    Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including [former] section 
3347 of title 5, United States Code, it is hereby ordered as follows:
    Section 1. Succession to the Authority of the Secretary of the Navy.
    (a) In the event of the death, permanent disability, or resignation 
of the Secretary of the Navy, the incumbents holding the positions 
designated below, in the order indicated, shall act for and exercise the 
powers of the Secretary of the Navy:
    (1) The Under Secretary of the Navy.
    (2) The Assistant Secretaries and General Counsel of the Navy, in 
the order fixed by their length of services as permanent appointees in 
such positions.
    (3) The Chief of Naval Operations.
    (4) The Commandant of the Marine Corps.
    (b) In the event of the temporary absence or temporary disability of 
the Secretary of the Navy, the incumbents holding the Department of the 
Navy positions designated in paragraph (a) of this section, in the order 
indicated, shall act for and exercise the powers of the Secretary of the 
Navy.
    (1) In these instances, the designation of an Acting Secretary of 
the Navy applies only for the duration of the Secretary's absence or 
disability, and does not affect the authority of the Secretary to resume 
the powers of his office upon his return.
    (2) In the event that the Secretary of the Navy is merely absent 
from this position, the Secretary of the Navy may continue to exercise 
the powers and fulfill the duties of his office during his absence, 
notwithstanding the provisions of this order.
    (c) Precedence among those officers designated in paragraph (a) of 
this section who have the same date of appointment shall be determined 
by the Secretary of the Navy at the time that such appointments are 
made.
    (d) Notwithstanding paragraph (a) and (b) of this section, an 
officer shall not act for or exercise the powers of the Secretary of the 
Navy under this order if that officer serves only in an acting capacity 
in the position that would otherwise entitle him to do so.
    Sec. 2. Temporary Nature of Succession. Succession to act for and 
exercise the powers of the Secretary of the Navy pursuant to this order 
shall be on a temporary or interim basis and shall not have the effect 
of vacating the statutory appointment held by the successor.
                                                     William J. Clinton.

Ex. Ord. No. 12908. Order of Succession of Officers To Act as Secretary 
                               of the Army

    Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including [former] section 
3347 of title 5, United States Code, it is hereby ordered as follows:
    Section 1. Succession To Act as the Secretary of the Army.
    (a) In the event of the death, permanent disability, or resignation 
of the Secretary of the Army, the incumbents holding the positions 
designated below, in the order indicated, shall act for and exercise the 
powers of the Secretary of the Army:
        (1) The Under Secretary of the Army.
        (2) The Assistant Secretaries and General Counsel of the Army, 
    in the order fixed by their length of service as permanent 
    appointees in such positions.
        (3) The Chief of Staff of the Army.
    (b) In the event of the absence or temporary disability of the 
Secretary of the Army, the incumbents holding the Department of the Army 
positions designated in paragraph (a) of this section, in the order 
indicated, shall act for and exercise the powers of the Secretary of the 
Army.
        (1) The designation of an Acting Secretary of the Army under 
    this subsection applies only for the duration of the Secretary's 
    absence or disability, and does not affect the authority of the 
    Secretary to resume the powers of the Secretary's office.
        (2) When the Secretary of the Army is temporarily absent from 
    the position, the Secretary of the Army may continue to exercise the 
    powers and fulfill the duties of his office during his absence, 
    notwithstanding the provisions of this order.
    (c) Precedence among those officers designated in paragraph (a) of 
this section who have the same date of appointment shall be determined 
by the Secretary of the Army at the time that such appointments are 
made.
    (d) Notwithstanding paragraphs (a) and (b) of this section, an 
officer shall not act for or exercise the powers of the Secretary of the 
Army under this order if that officer serves only in an acting capacity 
in the position that would otherwise entitle him to do so.
    Sec. 2. Temporary Nature of Succession. Succession to act for and 
exercise the powers of the Secretary of the Army pursuant to this order 
shall be on a temporary or interim basis and shall not have the effect 
of vacating the statutory appointment held by the successor.
                                                     William J. Clinton.

Ex. Ord. No. 12909. Order of Succession of Officers To Act as Secretary 
                            of the Air Force

    Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including [former] section 
3347 of title 5, United States Code, it is hereby ordered as follows:
    Section 1. Succession To Act as the Secretary of the Air Force.
    (a) In the event of the death, permanent disability, or resignation 
of the Secretary of the Air Force, the incumbents holding the positions 
designated below, in the order indicated, shall act for and exercise the 
powers of the Secretary of the Air Force:
        (1) The Under Secretary of the Air Force.
        (2) The Assistant Secretaries and General Counsel of the Air 
    Force, in the order fixed by their length of service as permanent 
    appointees in such positions.
        (3) The Chief of Staff of the Air Force.
    (b) In the event of the absence or temporary disability of the 
Secretary of the Air Force, the incumbents holding the Department of the 
Air Force positions designated in paragraph (a) of this section, in the 
order indicated, shall act for and exercise the powers of the Secretary 
of the Air Force.
        (1) The designation of an Acting Secretary of the Air Force 
    applies only for the duration of the Secretary's absence or 
    disability, and does not affect the authority of the Secretary to 
    resume the powers of the Secretary's office.
        (2) In the event that the Secretary of the Air Force is 
    temporarily absent from the position, the Secretary of the Air Force 
    may continue to exercise the powers and fulfill the duties of his 
    office during the absence, notwithstanding the provisions of this 
    order.
    (c) Precedence among those officers designated in paragraph (a) of 
this section who have the same date of appointment shall be determined 
by the Secretary of the Air Force at the time that such appointments are 
made.
    (d) Notwithstanding paragraphs (a) and (b) of this section, an 
officer shall not act for or exercise the powers of the Secretary of the 
Air Force under this order if that officer serves only in an acting 
capacity in the position that would otherwise entitle him to do so.
    Sec. 2. Temporary Nature of Succession. Succession to act for and 
exercise the powers of the Secretary of the Air Force pursuant to this 
order shall be on a temporary or interim basis and shall not have the 
effect of vacating the statutory appointment held by the successor.
                                                     William J. Clinton.

Ex. Ord. No. 13000. Order of Succession of Officers To Act as Secretary 
                               of Defense

    Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including [former] section 
3347 of title 5, United States Code, it is hereby ordered as follows:
    Section 1. Succession to Act as the Secretary of Defense. (a) In the 
event of the death, permanent disability, or resignation of the 
Secretary of Defense, the incumbents holding the Department of Defense 
positions designated below, in the order indicated, shall act for and 
exercise the powers of the Secretary of Defense as Acting Secretary of 
Defense:
    (1) Deputy Secretary of Defense.
    (2) Secretary of the Army.
    (3) Secretary of the Navy.
    (4) Secretary of the Air Force.
    (5) Under Secretary of Defense for Acquisition and Technology [now 
Under Secretary of Defense for Acquisition, Technology, and Logistics].
    (6) Under Secretary of Defense for Policy.
    (7) Under Secretary of Defense (Comptroller).
    (8) Under Secretary of Defense for Personnel and Readiness.
    (9) Deputy Under Secretary of Defense for Acquisition and 
Technology.
    (10) Deputy Under Secretary of Defense for Policy.
    (11) Director of Defense Research and Engineering.
    (12) The Assistant Secretaries of Defense, the Director of 
Operational Test and Evaluation, and the General Counsel of the 
Department of Defense, in the order fixed by their length of service as 
permanent appointees in such positions.
    (13) Under Secretaries of the Army, the Navy, and the Air Force, in 
the order fixed by their length of service as permanent appointees in 
such positions.
    (14) Assistant Secretaries of the Army, the Navy, and the Air Force 
whose appointments are vested in the President, and General Counsels of 
the Army, the Navy, and the Air Force, in the order fixed by their 
length of service as permanent appointees in such positions.
    (b) In the event of the temporary absence or temporary disability of 
the Secretary of Defense, the incumbents holding the Department of 
Defense positions designated in paragraph (a) of this section, in the 
order indicated, shall act for and exercise the powers of the Secretary 
of Defense as Acting Secretary of Defense.
    (1) In these instances, the designation of an Acting Secretary of 
Defense applies only for the duration of the Secretary's absence or 
disability, and does not affect the authority of the Secretary to resume 
the powers of his office upon his return.
    (2) In the event that the Secretary of Defense is temporarily absent 
from his position, the Secretary may continue to exercise the powers and 
fulfill the duties of this office during his absence, notwithstanding 
the provisions of this order.
    (c) Precedence among those officers designated in paragraphs 
(a)(12)-(14) of this section who have the same appointment date shall be 
determined by the Secretary of Defense at the time that such 
appointments are made.
    (d) Notwithstanding paragraphs (a) and (b) of this section, an 
officer shall not act for or exercise the powers of the Secretary of 
Defense under this order if that officer serves only in an acting 
capacity in the position that would otherwise entitle him to do so.
    Sec. 2. Temporary Nature of Succession. Succession to act for and 
exercise the powers of the Secretary of Defense pursuant to this order 
shall be on a temporary or interim basis and shall not have the effect 
of vacating the statutory appointment held by the successor.
    Sec. 3. Revocation of Prior Executive Order. Executive Order No. 
12787 of December 31, 1991, is hereby revoked.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 3346, 3347, 3348, 3349, 
3349b, 3349c, 3349d, 5535 of this title; title 7 section 2211; title 28 
section 508.
