Chapter CCXXVII. to authorize the temporary Supplying of Vacancies in the Executive Departments
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Chap. CCXXVII.— An Act to authorize the temporary Supplying of Vacancies in the Executive Departments.July 23, 1868. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatIn case of the death, absence, &c. of head of any executive department, who to perform the duties; in case of the death, resignation, absence, or sickness of the head of any executive department of the government, the first or sole assistant thereof shall, unless otherwise directed by the President of the United States, as is hereinafter provided, perform the duties of such head until a successor be appointed, or such absence or sickness shall cease.
Sec. 2. *And be it further enacted,* Thatof chief of bureau, &c. except, &c. in case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, except commissioner of patents, whose appointment is not in the head of any executive department, the deputy of such chief or of such officer, or if there be no deputy, then the chief clerk of such bureau, shall, unless otherwise directed by the President of the United States, as is hereinafter provided, perform the duties of such chief or of such officer until a successor be appointed or such absence or sickness shall cease.No appointment to be made except to fill a vacancy happening during a recess of the Senate.
And no appointment, designation, or assignment otherwise than as is herein provided, in the cases mentioned in the first, second, and third sections of this act, shall be made except to fill a vacancy happening during the recess of the Senate. Sec. 3. *And be it further enacted,* ThatHead of other executive department, &c. may be directed to perform duties; in any of the cases hereinbefore mentioned it shall be lawful for the President of the United States, in his discretion, to authorize and direct the head of any other executive department or other officer in either of those departments whose appointment is, by and with the advice and consent of the Senate, vested in the President, to perform the duties of the office vacant as aforesaid until a successor be appointed, or the sickness or absence of the incumbent shall ease:but for not more than ten days, &c.Commissioner of patents. *Provided,* That nothing in this act shall authorize the supplying as aforesaid a vacancy for a longer period than ten days when such vacancy shall be occasioned by death or resignation, and the officer so performing the duties of the office temporarily vacant shall not be entitled to extra compensation therefor: *And provided also,* That in case of the death, resignation, absence, or sickness of the commissioner of patents, the duties of said commissioner, until a successor be appointed or such absence or sickness shall cease, shall devolve upon the examiner-in-chief in said office oldest in length of commission. 169FORTIETH CONGRESS.
Sess. II. Ch. 227. 228. 1868. Sec. 4. *And be it further enacted,* ThatRepeal of inconsistent laws. all acts heretofore passed on the subject of temporarily supplying vacancies in the executive departments, or which empower the President to authorize any person or persons to perform the duties of the head of any executive department, or of any officer in either of the departments, in case of a vacancy therein or inability of such head of a department or officer to discharge the duties of his office, and all laws inconsistent with the provisions of this act. be, and the same are hereby, repealed.
Approved, July 23, 1868.