3 U.S.C. § 22 — Severability

Page 9 TITLE 3—THE PRESIDENT § 22 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 ‘‘Sec- retary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’ and inserted ref- erence 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 ‘‘Post- master 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 AMENDMENT Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Depart- ment 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 Reg- ister, 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 expira- tion 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. § 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 President, shall be an instrument in writing, de- claring 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.) Statutory Notes and Related Subsidiaries 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. § 21. Definitions As used in this chapter the term— (1) ‘‘election day’’ means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that ap- points electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraor- dinary and catastrophic, as provided under laws of the State enacted prior to such day, ‘‘election day’’ shall include the modified pe- riod of voting. (2) ‘‘State’’ includes the District of Colum- bia. (3) ‘‘executive’’ means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identi- fied under this chapter. (Added Pub. L. 87–389, § 2(a), Oct. 4, 1961, 75 Stat. 820; amended Pub. L. 117–328, div. P, title I, §§ 102(b), 104(b), Dec. 29, 2022, 136 Stat. 5233, 5235.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–328, § 102(b), added par. (1) and redes- ignated former subsecs. (a) and (b) as pars. (2) and (3), respectively. Par. (3). Pub. L. 117–328, § 104(b), added par. (3) and struck out former par. (3), as redesignated from subsec. (b), which read as follows: ‘‘ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.’’ Executive Documents 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. Of- fice of Commissioner of District of Columbia, as estab- lished 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 Dis- trict of Columbia by section 421 of Pub. L. 93–198. § 22. Severability If any provision of this chapter, or the applica- tion of a provision to any person or cir- cumstance, is held to be unconstitutional, the remainder of this chapter, and the application of the provisions to any person or circumstance, shall not be affected by the holding. (Added Pub. L. 117–328, div. P, title I, § 111(a), Dec. 29, 2022, 136 Stat. 5240.) CHAPTER 2—OFFICE AND COMPENSATION OF PRESIDENT Sec. 101. Commencement of term of office.