§3347. Details; Presidential authority

Instead of a detail under section 3345 or 3346 of this title, the President may direct the head of another Executive department or military department or another officer of an Executive department or military department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the office until a successor is appointed or the absence or sickness stops. This section does not apply to a vacancy in the office of Attorney General.

( Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426 .)

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 6.	R.S. §179.

The words "in his discretion", "vacant", and "incumbent" are omitted as surplusage. 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. As used, the word "an" is coextensive with and substituted for "either".

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.

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

Executive Order No. 9967

Ex. Ord. No. 9967, June 12, 1948, 13 F.R. 3249, which related to the designation of officers of the Department of Agriculture to act as Secretary of Agriculture, was superseded by Ex. Ord. No. 10481, Aug. 15, 1953, 18 F.R. 4944, formerly set out below.

Executive Order No. 10148

Ex. Ord. No. 10148, Aug. 5, 1950, 15 F.R. 5067, which related to the designation of officers of the Department of Commerce to act as Secretary of Commerce, was superseded by Ex. Ord. 11388, Jan. 15, 1968, 33 F.R. 563, formerly set out below.

Executive Order No. 10481

Ex. Ord. No. 10481, Aug. 15, 1953, 18 F.R. 4944, which provided for the designation of certain officers of the Department of Agriculture to act as Secretary of Agriculture, was revoked by Ex. Ord. No. 11793, July 10, 1974, 39 F.R. 25631, formerly set out below.

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."

Executive Order No. 10753

Ex. Ord. No. 10753, Feb. 15, 1958, 23 F.R. 1107, which related to the designation of officers of the Department of the Interior to act as Secretary of the Interior, was superseded by Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, set out below.

Executive Order No. 10820

Ex. Ord. No. 10820, May 18, 1959, 24 F.R. 4045, which related to the order of succession to positions in the Department of Defense, was revoked by Ex. Ord. No. 12514, May 14, 1985, 50 F.R. 20383, formerly set out below.

Executive Order No. 10839

Ex. Ord. No. 10839, Sept. 30, 1959, 24 F.R. 7939, which provided for the order of succession in the Department of State, was revoked by Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, set out below.

Executive Order No. 10941

Ex. Ord. No. 10941, May 16, 1961, 26 F.R. 4277, which provided for the order of succession in the Treasury Department, was revoked by Ex. Ord. No. 11680, Aug. 21, 1972, 37 F.R. 16907, formerly set out below.

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, §529 [title I, §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) [now this section] 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.

Executive Order No. 11313

Ex. Ord. No. 11313, Oct. 15, 1966, 31 F.R. 13417, provided for performance of duties of Postmaster General by certain officers of former Post Office Department. See 39 CFR §222.1.

Executive Order No. 11388

Ex. Ord. No. 11388, Jan. 15, 1968, 33 F.R. 563, which related to the designation of officers of the Department of Commerce to act as Secretary of Commerce, was superseded by Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, set out below.

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, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427 , 1454, provided:

By virtue of the authority vested in me by section 3347 of title 5 of the United States Code [this section] 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."

Executive Order No. 11680

Ex. Ord. No. 11680, Aug. 21, 1972, 37 F.R. 16907, which provided for order of succession in Treasury Department, was revoked by Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, set out below.

Executive Order No. 11793

Ex. Ord. No. 11793, July 10, 1974, 39 F.R. 25631, which provided for designation of certain officers of Agriculture Department to act as Secretary of Agriculture, was revoked by Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, set out below.

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 section 3347 of title 5 [this section] 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, provided:

By virtue of the authority vested in me by 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. 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 Section 3347 of Title 5 [this section] 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 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.      

Executive Order No. 12514

Ex. Ord. No. 12514, May 14, 1985, 50 F.R. 20383, which provided for order of succession of officers to act as Secretary of Defense, Secretary of the Army, Secretary of the Navy, and Secretary of the Air Force, was revoked by Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set out below.

Ex. Ord. No. 12787. Order of Succession of Officers To Act as Secretary of Defense

Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 3347 of title 5, United States Code, it is hereby ordered as follows:

Section 1. Succession to the Authority of 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 shall, in the order indicated, act for and exercise the powers of the 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 [now Under Secretary of Defense for Acquisition and Technology].

(6) Under Secretary of Defense for Policy.

(7) Deputy Under Secretary of Defense for Acquisition [now Under Secretary of Defense for Acquisition and Technology].

(8) Director of Defense Research and Engineering, Assistant Secretaries of Defense, the Comptroller of the Department of Defense [now Under Secretary of Defense (Comptroller)], the Director of Operational Test and Evaluation, the Deputy Under Secretary of Defense for Policy, and the General Counsel of the Department of Defense, in the order fixed by their length of service as permanent appointees in such positions.

(9) 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.

(10) Assistant Secretaries 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 shall, in the order indicated, act for and exercise the powers of the 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 merely absent from his position, the Secretary 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 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. 12514 of May 14, 1985, is hereby revoked.

George Bush.      

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 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 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 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.      

Cross References

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

Section Referred to in Other Sections

This section is referred to in sections 3345, 3346, 3348, 5535 of this title; title 10 sections 3017, 5017, 8017.