§ 20 TITLE 3—THE PRESIDENT Page 6

ify, 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,

§6(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 89–670,

§10(a), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91–375,

§6(b), Aug. 12, 1970, 84 Stat. 775; Pub. L. 95–91,

title VII, §709(g), Aug. 4, 1977, 91 Stat. 609; Pub.

L. 96–88, title V, §508(a), Oct. 17, 1979, 93 Stat.

692; Pub. L. 100–527, §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 §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.

§ 20. Resignation or refusal of office

The only evidence of a refusal to accept, or of

a resignation of the office of President or Vice
Page 7 TITLE 3—THE PRESIDENT

1 As amended Sept. 15, 1977.

President, shall be an instrument in writing, declaring the same, and subscribed by the person

refusing to accept or resigning, as the case may

be, and delivered into the office of the Secretary

of State.

(June 25, 1948, ch. 644, 62 Stat. 678.)

PRESIDENTIAL RECORDINGS AND MATERIALS

PRESERVATION ACT

For protection and preservation of tape recordings of

conversations involving former President Richard M.

Nixon, see sections 101 to 106 of Pub. L. 93–526, set out

as a note under section 2107 of Title 44, Public Printing

and Documents.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 871.

§ 21. Definitions

As used in this chapter the term—

(a) ‘‘State’’ includes the District of Columbia.

(b) ‘‘executives of each State’’ includes the

Board of Commissioners of the District of Columbia.

(Added Pub. L. 87–389, §2(a), Oct. 4, 1961, 75 Stat.

820.)

TRANSFER OF FUNCTIONS

Except as otherwise provided in Reorg. Plan No. 3 of

1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat.

948, functions of Board of Commissioners of District of

Columbia transferred to Commissioner of District of

Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon

Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24,

1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code.

CHAPTER 2—OFFICE AND COMPENSATION

OF PRESIDENT

Sec.

101. Commencement of term of office.

102. Compensation of the President.

103. Traveling expenses.

104. Salary of the Vice President.

105. Assistance and services for the President.

106. Assistance and services for the Vice President.

107. Domestic Policy Staff and Office of Administration; personnel.

108. Assistance to the President for unanticipated

needs.

109. Public property in and belonging to the Executive Residence at the White House.

110. Furniture for the Executive Residence at the

White House.

111. Expense allowance of Vice President.

112. Detail of employees of executive departments.

113. Personnel report.

114. General pay limitation.

AMENDMENTS

1978—Pub. L. 95–570, §§1(b), 2(b), 3(b), 5(b)(2), (c)(2),

Nov. 2, 1978, 92 Stat. 2447, 2449, 2450, 2451, substituted in

item 105 ‘‘Assistance and services for the President’’ for

‘‘Compensation of secretaries and executive, administrative, and staff assistants to President’’; in item 106

‘‘Assistance and services for the Vice President’’ for

‘‘Administrative assistants’’; in item 107 ‘‘Domestic

Policy Staff and Office of Administration; personnel’’

for ‘‘Detail of employees of executive departments to

office of President’’; in item 108 ‘‘Assistance to the

President for unanticipated needs’’ for ‘‘Accommodations for vehicles’’; and in item 109 ‘‘the Executive Residence at the White House’’ for ‘‘Executive Mansion’’;

inserted in item 110 ‘‘the Executive Residence at the’’

before ‘‘White House’’; and added items 112, 113 and 114.

EXECUTIVE OFFICE PERSONNEL BACKGROUND

INVESTIGATIONS; LEAVES OF ABSENCE

Pub. L. 103–329, title VI, §632, Sept. 30, 1994, 108 Stat.

2425, provided that:

‘‘(a) IN GENERAL.—Hereafter, the employment of any

individual within the Executive Office of the President

shall be placed on leave without pay status if the individual—

‘‘(1) has not, within 30 days of commencing such

employment or by October 31, 1994 (whichever occurs

later), submitted a completed questionnaire for sensitive positions (SF–86) or equivalent form; or

‘‘(2) has not, within 6 months of commencing such

employment or by October 31, 1994 (whichever occurs

later), had his or her background investigation, if

completed, forwarded by the counsel to the President

to the United States Secret Service for issuance of

the appropriate access pass.

‘‘(b) EXEMPTION.—Subsection (a) shall not apply to

any individual specifically exempted from such subsection by the President or his designee.’’

REORGANIZATION PLAN NO. 1 OF 1977

42 F.R. 56101, 91 Stat. 1633, as amended by Pub. L.

97–195, §1(c)(5), June 16, 1982, 96 Stat. 115

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 15, 1977,1 pursuant to the provisions of

Chapter 9 of Title 5 of the United States Code.

EXECUTIVE OFFICE OF THE PRESIDENT

SECTION 1. REDESIGNATION OF DOMESTIC COUNCIL

STAFF

The Domestic Council staff is hereby designated the

Domestic Policy Staff and shall consist of such staff

personnel as are determined by the President to be necessary to assure that the needs of the President for

prompt and comprehensive advice are met with respect

to matters of economic and domestic policy. The staff

shall continue to be headed by an Executive Director

who shall be an Assistant to the President, designated

by the President, as provided in Section 203 of Reorganization Plan No. 2 of 1970 [set out in Title 5, Appendix]. The Executive Director shall perform such functions as the President may from time to time direct.

SEC. 2. ESTABLISHMENT OF AN OFFICE OF

ADMINISTRATION

There is hereby established in the Executive Office of

the President the Office of Administration which shall

be headed by the President. There shall be a Director

of the Office of Administration. The Director shall be

appointed by the President and shall serve as chief administrative officer of the Office of Administration.

The President is authorized to fix the compensation

and duties of the Director.

The Office of Administration shall provide components of the Executive Office of the President with such

administrative services as the President shall from

time to time direct.

SEC. 3. ABOLITION OF COMPONENTS

The following components of the Executive Office of

the President are hereby abolished:

A. The Domestic Council;

B. The Office of Drug Abuse Policy;

C. The Office of Telecommunications Policy; and

D. The Economic Opportunity Council.