§ 19. — Vacancy in offices of both President and Vice President; officers eligible to act.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC19]
TITLE 3--THE PRESIDENT
CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES
Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act
(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the office of President,
then the Speaker of the House of Representatives shall, upon his
resignation as Speaker and as Representative in Congress, act as
President.
(2) The same rule shall apply in the case of the death, resignation,
removal from office, or inability of an individual acting as President
under this subsection.
(b) If, at the time when under subsection (a) of this section a
Speaker is to begin the discharge of the powers and duties of the office
of President, there is no Speaker, or the Speaker fails to qualify as
Acting President, then the President pro tempore of the Senate shall,
upon his resignation as President pro tempore and as Senator, act as
President.
(c) An individual acting as President under subsection (a) or
subsection (b) of this section shall continue to act until the
expiration of the then current Presidential term, except that--
(1) if his discharge of the powers and duties of the office is
founded in whole or in part on the failure of both the President-
elect and the Vice-President-elect to qualify, then he shall act
only until a President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is
founded in whole or in part on the inability of the President or
Vice President, then he shall act only until the removal of the
disability of one of such individuals.
(d)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is no President pro tempore to
act as President under subsection (b) of this section, then the officer
of the United States who is highest on the following list, and who is
not under disability to discharge the powers and duties of the office of
President shall act as President: Secretary of State, Secretary of the
Treasury, Secretary of Defense, Attorney General, Secretary of the
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of
Labor, Secretary of Health and Human Services, Secretary of Housing and
Urban Development, Secretary of Transportation, Secretary of Energy,
Secretary of Education, Secretary of Veterans Affairs.
(2) An individual acting as President under this subsection shall
continue so to do until the expiration of the then current Presidential
term, but not after a qualified and prior-entitled individual is able to
act, except that the removal of the disability of an individual higher
on the list contained in paragraph (1) of this subsection or the ability
to qualify on the part of an individual higher on such list shall not
terminate his service.
(3) The taking of the oath of office by an individual specified in
the list in paragraph (1) of this subsection shall be held to constitute
his resignation from the office by virtue of the holding of which he
qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only
to such officers as are eligible to the office of President under the
Constitution. Subsection (d) of this section shall apply only to
officers appointed, by and with the advice and consent of the Senate,
prior to the time of the death, resignation, removal from office,
inability, or failure to qualify, of the President pro tempore, and only
to officers not under impeachment by the House of Representatives at the
time the powers and duties of the office of President devolve upon them.
(f) During the period that any individual acts as President under
this section, his compensation shall be at the rate then provided by law
in the case of the President.
(June 25, 1948, ch. 644, 62 Stat. 677; Pub. L. 89-174, Sec. 6(a), Sept.
9, 1965, 79 Stat. 669; Pub. L. 89-670, Sec. 10(a), Oct. 15, 1966, 80
Stat. 948; Pub. L. 91-375, Sec. 6(b), Aug. 12, 1970, 84 Stat. 775; Pub.
L. 95-91, title VII, Sec. 709(g), Aug. 4, 1977, 91 Stat. 609; Pub. L.
96-88, title V, Sec. 508(a), Oct. 17, 1979, 93 Stat. 692; Pub. L. 100-
527, Sec. 13(a), Oct. 25, 1988, 102 Stat. 2643.)
Amendments
1988--Subsec. (d)(1). Pub. L. 100-527 inserted reference to
Secretary of Veterans Affairs.
1979--Subsec. (d)(1). Pub. L. 96-88 substituted ``Secretary of
Health and Human Services'' for ``Secretary of Health, Education, and
Welfare'' and inserted reference to Secretary of Education.
1977--Subsec. (d)(1). Pub. L. 95-91 inserted reference to Secretary
of Energy.
1970--Subsec. (d)(1). Pub. L. 91-375 struck out ``Postmaster
General,'' after ``Attorney General,''.
1966--Subsec. (d)(1). Pub. L. 89-670 inserted reference to Secretary
of Transportation.
1965--Subsec. (d)(1). Pub. L. 89-174 inserted reference to Secretary
of Health, Education, and Welfare and Secretary of Housing and Urban
Development.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section
18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs
Act note under section 301 of Title 38, Veterans' Benefits.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-88 effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an Effective
Date note under section 3401 of Title 20, Education.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 16(a), formerly section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal Service.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by
President and published in Federal Register, see section 16(a), formerly
Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32
F.R. 5453.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-174 effective upon expiration of first
period of sixty calendar days following Sept. 9, 1965 or on earlier date
specified by Executive order, see section 11(a) of Pub. L. 89-174 set
out as an Effective Date note under section 3531 of Title 42, The Public
Health and Welfare.
Section Referred to in Other Sections
This section is referred to in title 18 section 871.
