The Intersection Between the Former Presidents Act and the Impeachment Process

Publication Date: June 1998

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

Under the Former Presidents Act, as amended, 3 U.S.C. Section 102 note, former Presidents receive a monetary allowance for the remainder of their lives, except for those periods when they hold appointive or elective office or a position in or under the federal government or the District of Columbia government at other than a nominal rate of pay. The Act also provides for office staff and office space for former Presidents and for a monetary allowance for a former President's widow, under specified circumstances, should he predecease her. It appears that if a President is tried by the Senate in an impeachment trial, but not convicted and therefore not removed from office; or if he were to resign before or during an impeachment proceeding, but before being convicted on an article of impeachment; he would remain a "former President" for purposes of the Act.