§3345. Details; to office of head of Executive agency or military department

When the head of an Executive agency (other than the General Accounting Office) or military department dies, resigns, or is sick or absent, his first assistant, unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops.

( Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425 ; Pub. L. 100–398, §7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988 .)

The words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101.

The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's note for section 301.

This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides "Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense" is omitted from this title but is not repealed.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

1988-Pub. L. 100–398 inserted "agency" after "Executive" in section catchline and substituted "Executive agency (other than the General Accounting Office)" for "Executive department" in text.

Cross References

Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see section 5535 of this title.

Applicability to Deputy Secretary of Agriculture, see section 2211 of Title 7, Agriculture.

Section Referred to in Other Sections

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