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Title 3, The PresidentRelease 119-102

§19 Vacancy in Offices of Both President and Vice President; Officers Eligible to Act

Title 3 › CHAPTER 1 — PRESIDENTIAL ELECTIONS AND VACANCIES › § 19

Last updated Aug 21, 2026|Official source

Summary

If there is no President or Vice President, the Speaker of the House must resign from being Speaker and from Congress and then serve as Acting President. If that Acting President dies, quits, is removed, becomes unable to serve, or fails to qualify, the same rule applies to whoever is acting. If there is no Speaker or the Speaker can’t serve, the President pro tempore of the Senate must resign that office and the Senate seat and act as President. A person acting as President keeps serving until the current Presidential term ends, except when they are serving because the President-elect and Vice-President-elect did not qualify — then they serve only until one of them qualifies — or when they are serving because of the President’s or Vice President’s inability — then they serve only until that person’s disability ends. If there is no President pro tempore either, the job goes to the highest-ranking eligible Cabinet officer who is able to serve. The law names 15 Cabinet positions in order, starting with the Secretary of State, then the Secretary of the Treasury, Secretary of Defense, Attorney General, and ending with the Secretary of Homeland Security. That person serves until the Presidential term ends, unless someone with an earlier right becomes able to act (but someone higher on the list later becoming able to act because their disability ends or because they qualify does not automatically cut short the current acting President). Cabinet officers must have been confirmed by the Senate before the vacancy and must not be under impeachment when they would take over. When an officer starts acting as President, taking the oath is treated as leaving their old office, and while they act as President they receive the President’s pay.

Full Legal Text

Title 3, §19

The President, Source: USLM XML via OLRC

(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, Secretary of Homeland Security.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (d)(1). Pub. L. 109–177 inserted “, Secretary of Homeland Security” after “Secretary of Veterans Affairs”. 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

3 U.S.C. § 19

Title 3, The President

Last Updated

Aug 21, 2026

Release point: 119-102