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Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

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Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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legal/us/code/title-03/chapter-1/section-1.md
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---
type: "LegalText"
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description: "Time of appointing electors"
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title_number: 3
title_name: "THE PRESIDENT"
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---
# 3 U.S.C. § 1 - Time of appointing electors
## Text
The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.
(Added Pub. L. 117–328, div. P, title I, § 102(a), Dec. 29, 2022, 136 Stat. 5233.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1, act June 25, 1948, ch. 644, 62 Stat. 672, related to time of appointing electors, prior to repeal by Pub. L. 117–328, div. P, title I, § 102(a), Dec. 29, 2022, 136 Stat. 5233.
Statutory Notes and Related Subsidiaries
Short Title of 2022 AmendmentPub. L. 117–328, div. P, § 1, Dec. 29, 2022, 136 Stat. 5233, provided that: “This division [enacting this section and section 22 of this title, amending sections 6, 7, 9 to 13, 15 to 18, and 21 of this title, repealing this section and sections 2 and 14 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 102 of this title] may be cited as the ‘Electoral Count Reform and Presidential Transition Improvement Act of 2022’.” Pub. L. 117–328, div. P, title I, § 101, Dec. 29, 2022, 136 Stat. 5233, provided that: “This title [enacting this section and section 22 of this title, amending sections 6, 7, 9 to 13, 15 to 18, and 21 of this title, and repealing this section and sections 2 and 14 of this title] may be cited as the ‘Electoral Count Reform Act of 2022’.” Pub. L. 117–328, div. P, title II, § 201, Dec. 29, 2022, 136 Stat. 5241, provided that: “This title [amending provisions set out as a note under section 102 of this title] may be cited as the ‘Presidential Transition Improvement Act’.”
Short Title of 2020 AmendmentPub. L. 116–121, § 1, Mar. 3, 2020, 134 Stat. 138, provided that: “This Act [amending provisions set out as a note under section 102 of this title] may be cited as the ‘Presidential Transition Enhancement Act of 2019’.”
Short Title of 2010 AmendmentPub. L. 111–283, § 1, Oct. 15, 2010, 124 Stat. 3045, provided that: “This Act [enacting provisions set out as a note under section 102 of this title and amending provisions set out as notes under section 102 of this title, section 1101 of Title 5, Government Organization and Employees, and section 435b of Title 50, War and National Defense] may be cited as the ‘Pre-Election Presidential Transition Act of 2010’.”
Short Title of 1996 AmendmentPub. L. 104–331, § 1(a), Oct. 26, 1996, 110 Stat. 4053, provided that: “This Act [enacting sections 401, 402, 411 to 417, 421, 425, 431, 435, 451 to 456, and 471 of this title and sections 1296, 1413, and 3901 to 3908 of Title 28, Judiciary and Judicial Procedure, amending sections 1346 and 2402 of Title 28, repealing section 1219 of Title 2, The Congress, and enacting provisions set out as notes under section 401 of this title, section 1219 of Title 2, and section 1296 of Title 28] may be cited as the ‘Presidential and Executive Office Accountability Act’.”
Short Title of 1988 AmendmentPub. L. 100–398, § 1, Aug. 17, 1988, 102 Stat. 985, provided that: “This Act [amending sections 3345, 3348, and 5723 of Title 5, Government Organization and Employees, and enacting and amending provisions set out as notes under section 102 of this title] may be cited as the ‘Presidential Transitions Effectiveness Act’.”
Constitutional ProvisionsTime of choosing electors, see Const. Art. 2, § 1, cl. 3.
legal/us/code/title-03/chapter-1/section-10.md
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---
type: "LegalText"
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---
# 3 U.S.C. § 10 - Sealing and endorsing certificates
## Text
The electors shall seal up the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein.
(June 25, 1948, ch. 644, 62 Stat. 674; Pub. L. 117–328, div. P, title I, § 106(b), Dec. 29, 2022, 136 Stat. 5236.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 substituted “the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors” for “the certificates so made by them”.
legal/us/code/title-03/chapter-1/section-11.md
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---
type: "LegalText"
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title_name: "THE PRESIDENT"
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---
# 3 U.S.C. § 11 - Transmission of certificates by electors
## Text
The electors shall immediately transmit at the same time and by the most expeditious method available the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, as follows:
(1) One set shall be sent to the President of the Senate at the seat of government.
(2) Two sets shall be sent to the chief election officer of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by such official for one year and shall be a part of the public records of such office and shall be open to public inspection.
(3) Two sets shall be sent to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate and the other of which shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of such office and shall be open to public inspection.
(4) One set shall be sent to the judge of the district in which the electors shall have assembled.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 7, 65 Stat. 712; Pub. L. 98–497, title I, § 107(e)(1), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 107(a), Dec. 29, 2022, 136 Stat. 5236.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to disposition of certificates. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” two places in par. “Third”. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State” two places in par. “Third”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
legal/us/code/title-03/chapter-1/section-12.md
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---
type: "LegalText"
title: "3 U.S.C. § 12"
description: "Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate"
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title_number: 3
title_name: "THE PRESIDENT"
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---
# 3 U.S.C. § 12 - Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate
## Text
When, after the meeting of the electors shall have been held, no certificate of vote mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the chief election officer of the State to send up the certificate lodged with such officer by the electors of such State; and it shall be the duty of such chief election officer of the State upon receipt of such request immediately to transmit same by the most expeditious method available to the President of the Senate at the seat of government.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 8, 65 Stat. 712; Pub. L. 98–497, title I, § 107(e)(1), (2)(B), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 108(a), Dec. 29, 2022, 136 Stat. 5237.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328, § 108(a)(1)–(4), (6)–(8), inserted “, after the meeting of the electors shall have been held,” after “When”, struck out “and list” after “certificate of vote” and after “send up the certificate”, and substituted “in December,” for “in December, after the meeting of the electors shall have been held,”, “or, if the President of the Senate be absent” for “or, if he be absent”, “lodged with such officer” for “lodged with him”, “the duty of such chief election officer of the State” for “his duty”, and “by the most expeditious method available” for “by registered mail”. Pub. L. 117–328, § 108(a)(5), which directed substitution of “chief election officer” for “secretary of State”, was executed by making the substitution for “secretary of state” to reflect the probable intent of Congress. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and two places in text. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State” in section catchline and two places in text.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
legal/us/code/title-03/chapter-1/section-13.md
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---
type: "LegalText"
title: "3 U.S.C. § 13"
description: "Same; demand on district judge for certificate"
jurisdiction: "us"
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title_number: 3
title_name: "THE PRESIDENT"
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# 3 U.S.C. § 13 - Same; demand on district judge for certificate
## Text
When, after the meeting of the electors shall have been held, no certificates of votes from any State shall have been received at the seat of government on the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that certificate by the hand of such messenger to the seat of government.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, § 9, 65 Stat. 712; Pub. L. 98–497, title I, § 107(e)(1), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 108(b), Dec. 29, 2022, 136 Stat. 5237.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 inserted “, after the meeting of the electors shall have been held,” after “When” and substituted “in December,” for “in December, after the meeting of the electors shall have been held,”, “or, if the President of the Senate be absent” for “or, if he be absent”, and “that certificate” for “that list”. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services”. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
legal/us/code/title-03/chapter-1/section-14.md
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---
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# 3 U.S.C. § 14 - Repealed. Pub. L. 117–328, div. P, title I, § 108(c)(1), Dec. 29, 2022, 136 Stat. 5237]
## Notes
Section, act June 25, 1948, ch. 644, 62 Stat. 675, related to forfeiture for messenger’s neglect of duty.
legal/us/code/title-03/chapter-1/section-15.md
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---
type: "LegalText"
title: "3 U.S.C. § 15"
description: "Counting electoral votes in Congress"
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---
# 3 U.S.C. § 15 - Counting electoral votes in Congress
## Text
(a) In General.— Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer.
(b) Powers of the President of Senate.— (1) Ministerial in nature.— Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint session shall be limited to performing solely ministerial duties.
(2) Powers explicitly denied.— The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper certificate of ascertainment of appointment of electors, the validity of electors, or the votes of electors.
(c) Appointment of Tellers.— At the joint session of the Senate and House of Representatives described in subsection (a), there shall be present two tellers previously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Representatives by the presiding officers of the respective chambers.
(d) Procedure at Joint Session Generally.— (1) In general.— The President of the Senate shall—
(A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and
(B) upon opening any certificate, hand the certificate and any accompanying papers to the tellers, who shall read the same in the presence and hearing of the two Houses.
(2) Action on certificate.— (A) In general.— Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any.
(B) Requirements for objections or questions.— (i) Objections.— No objection or other question arising in the matter shall be in order unless the objection or question—
(I) is made in writing;
(II) is signed by at least one-fifth of the Senators duly chosen and sworn and one-fifth of the Members of the House of Representatives duly chosen and sworn; and
(III) in the case of an objection, states clearly and concisely, without argument, one of the grounds listed under clause (ii).
(ii) Grounds for objections.— The only grounds for objections shall be as follows:
(I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1).
(II) The vote of one or more electors has not been regularly given.
(C) Consideration of objections and questions.— (i) In general.— When all objections so made to any vote or paper from a State, or other question arising in the matter, shall have been received and read, the Senate shall thereupon withdraw, and such objections and questions shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections and questions to the House of Representatives for its decision.
(ii) Determination.— No objection or any other question arising in the matter may be sustained unless such objection or question is sustained by separate concurring votes of each House.
(D) Reconvening.— When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No vote or paper from any other State shall be acted upon until the objections previously made to any vote or paper from any State, and other questions arising in the matter, shall have been finally disposed of.
(e) Rules for Tabulating Votes.— (1) Counting of votes.— (A) In general.— Except as provided in subparagraph (B)—
(i) only the votes of electors who have been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and
(ii) no vote of an elector described in clause (i) which has been regularly given shall be rejected.
(B) Exception.— The vote of an elector who has been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5 shall not be counted if—
(i) there is an objection which meets the requirements of subsection (d)(2)(B)(i); and
(ii) each House affirmatively sustains the objection as valid.
(2) Determination of majority.— If the number of electors lawfully appointed by any State pursuant to a certificate of ascertainment of appointment of electors that is issued under section 5 is fewer than the number of electors to which the State is entitled under section 3, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the purpose of determining a majority of the whole number of electors appointed as required by the Twelfth Amendment to the Constitution shall be reduced by the number of electors whom the State has failed to appoint or as to whom the objection was sustained.
(3) List of votes by tellers; declaration of winner.— The tellers shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses.
(June 25, 1948, ch. 644, 62 Stat. 675; Pub. L. 117–328, div. P, title I, § 109(a), Dec. 29, 2022, 136 Stat. 5237.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to counting electoral votes in Congress.
Statutory Notes and Related Subsidiaries
Counting of Electoral Votes2013—Pub. L. 112–228, § 1, Dec. 28, 2012, 126 Stat. 1610, provided that: “The meeting of the Senate and House of Representatives to be held in January 2013 pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President cast by the electors in December 2012 shall be held on January 4, 2013 (rather than on the date specified in the first sentence of that section).” 2009—Pub. L. 110–430, § 2, Oct. 15, 2008, 122 Stat. 4846, provided that: “The meeting of the Senate and House of Representatives to be held in January 2009 pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President cast by the electors in December 2008 shall be held on January 8, 2009 (rather than on the date specified in the first sentence of that section).” 1997—Pub. L. 104–296, § 2, Oct. 11, 1996, 110 Stat. 3558, provided that: “The meeting of the Senate and House of Representatives to be held in January 1997 pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President cast by the electors in December 1996 shall be held on January 9, 1997 (rather than on the date specified in the first sentence of that section).” 1989—Pub. L. 100–646, Nov. 9, 1988, 102 Stat. 3341, provided: “That in carrying out the procedure set forth in section 15 of title, 3, United States Code, for 1989, ‘the fourth day of January’ shall be substituted for ‘the sixth day of January’ in the first sentence of such section.” 1985—Pub. L. 98–456, Oct. 9, 1984, 98 Stat. 1748, provided: “That, in carrying out the procedure set forth in section 15 of title 3, United States Code, for 1985, ‘the seventh day of January’ shall be substituted for ‘the sixth day of January’ in the first sentence of such section.”
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# 3 U.S.C. § 16 - Same; seats for officers and Members of two Houses in joint session
## Text
At such joint session of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker’s chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk’s desk; for the other officers of the two Houses, in front of the Clerk’s desk and upon each side of the Speaker’s platform. Such joint session shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of 10 o’clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first session of the two Houses, no further or other recess shall be taken by either House.
(June 25, 1948, ch. 644, 62 Stat. 676; Pub. L. 117–328, div. P, title I, § 110(c)(1), Dec. 29, 2022, 136 Stat. 5240.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 substituted “session” for “meeting” in section catchline and wherever appearing in text.
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# 3 U.S.C. § 17 - Same; limit of debate in each House
## Text
When the two Houses separate to decide upon an objection pursuant to section 15(d)(2)(C)(i) that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter—
(1) all such objections and questions permitted with respect to such State shall be considered at such time;
(2) each Senator and Representative may speak to such objections or questions for up to five minutes, and not more than once;
(3) the total time for debate for all such objections and questions with respect to such State shall not exceed two hours in each House, equally divided and controlled by the Majority Leader and Minority Leader, or their respective designees; and
(4) at the close of such debate, it shall be the duty of the presiding officer of each House to put each of the objections and questions to a vote without further debate.
(June 25, 1948, ch. 644, 62 Stat. 676; Pub. L. 117–328, div. P, title I, § 110(a), Dec. 29, 2022, 136 Stat. 5240.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 amended section generally. Prior to amendment, text read as follows: “When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate.”
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# 3 U.S.C. § 18 - Same; parliamentary procedure at joint session
## Text
While the two Houses shall be in session as provided in this chapter, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw under section 15(d)(2)(C)(i).
(June 25, 1948, ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, § 3, 68 Stat. 1227; Pub. L. 117–328, div. P, title I, § 110(b), (c)(2), Dec. 29, 2022, 136 Stat. 5240.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328, § 110(c)(2), substituted “session” for “meeting” in section catchline and text. Pub. L. 117–328, § 110(b), inserted “under section 15(d)(2)(C)(i)” after “motion to withdraw”. 1954—Act Sept. 3, 1954, substituted “chapter” for “subchapter”.
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# 3 U.S.C. § 19 - Vacancy in offices of both President and Vice President; officers eligible to act
## Text
(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.
(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; Pub. L. 109–177, title V, § 503, Mar. 9, 2006, 120 Stat. 247.)
## Notes
Editorial Notes
Amendments2006—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.
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# 3 U.S.C. § 2 - Repealed. Pub. L. 117–328, div. P, title I, § 102(a), Dec. 29, 2022, 136 Stat. 5233]
## Notes
Section, act June 25, 1948, ch. 644, 62 Stat. 672, related to failure to make choice on prescribed day.
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# 3 U.S.C. § 20 - Resignation or refusal of office
## Text
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, 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.)
## Notes
Statutory Notes and Related Subsidiaries
Presidential Recordings and Materials Preservation ActFor 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.
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# 3 U.S.C. § 21 - Definitions
## Text
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 appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, “election day” shall include the modified period of voting.
(2) “State” includes the District of Columbia.
(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 identified 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.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328, § 102(b), added par. (1) and redesignated 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. 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.
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# 3 U.S.C. § 22 - Severability
## Text
If any provision of this chapter, or the application of a provision to any person or circumstance, 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.)
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status: "current"
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---
# 3 U.S.C. § 3 - Number of electors
## Text
The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.
(June 25, 1948, ch. 644, 62 Stat. 672.)
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type: "LegalText"
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---
# 3 U.S.C. § 4 - Vacancies in electoral college
## Text
Each State may, by law enacted prior to election day, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.
(June 25, 1948, ch. 644, 62 Stat. 673; Pub. L. 117–328, div. P, title I, § 103, Dec. 29, 2022, 136 Stat. 5234.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 inserted “enacted prior to election day” after “by law”.
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---
# 3 U.S.C. § 5 - Certificate of ascertainment of appointment of electors
## Text
(a) In General.— (1) Certification.— Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.
(2) Form of certificate.— Each certificate of ascertainment of appointment of electors shall—
(A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast;
(B) bear the seal of the State; and
(C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.
(b) Transmission.— It shall be the duty of the executive of each State—
(1) to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and
(2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate.
(c) Treatment of Certificate as Conclusive.— For purposes of section 15:
(1) In general.— (A) Certificate issued by executive.— Except as provided in subparagraph (B), a certificate of ascertainment of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State.
(B) Certificates issued pursuant to court orders.— Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.
(2) Determination of federal questions.— The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of ascertainment of appointment of electors shall be conclusive in Congress.
(d) Venue and Expedited Procedure.— (1) In general.— Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under subsection (b), shall be subject to the following rules:
(A) Venue.— The venue for such action shall be the Federal district court of the Federal district in which the State capital is located.
(B) 3-judge panel.— Such action shall be heard by a district court of three judges, convened pursuant to section 2284 of title 28, United States Code, except that—
(i) the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought; and
(ii) section 2284(b)(2) of such title shall not apply.
(C) Expedited procedure.— It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States.
(D) Appeals.— Notwithstanding section 1253 of title 28, United States Code, the final judgment of the panel convened under subparagraph (B) may be reviewed directly by the Supreme Court, by writ of certiorari granted upon petition of any party to the case, on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors.
(2) Rule of construction.— This subsection—
(A) shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States; and
(B) shall not be construed to preempt or displace any existing State or Federal cause of action.
(June 25, 1948, ch. 644, 62 Stat. 673; Pub. L. 117–328, div. P, title I, § 104(a), Dec. 29, 2022, 136 Stat. 5234.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 amended section generally. Prior to amendment, text read as follows: “If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.”
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---
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title_name: "THE PRESIDENT"
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# 3 U.S.C. § 6 - Duties of Archivist
## Text
The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall—
(1) be preserved for one year;
(2) be a part of the public records of such office; and
(3) be open to public inspection.
(June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, § 6, 65 Stat. 711; Pub. L. 98–497, title I, § 107(e)(1), (2)(A), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 117–328, div. P, title I, § 105(a), Dec. 29, 2022, 136 Stat. 5236.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to credentials of electors, transmission to Archivist of the United States and to Congress, and public inspection. 1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in section catchline and wherever appearing in text and “National Archives and Records Administration” for “General Services Administration”. 1951—Act Oct. 31, 1951, substituted “Administrator of General Services” for “Secretary of State” in section catchline and several places in text, and for “Secretary of State of the United States” in one place, and “General Services Administration” for “State Department”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
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---
# 3 U.S.C. § 7 - Meeting and vote of electors
## Text
The electors of President and Vice President of each State shall meet and give their votes on the first Tuesday after the second Wednesday in December next following their appointment at such place in each State in accordance with the laws of the State enacted prior to election day.
(June 25, 1948, ch. 644, 62 Stat. 673; Pub. L. 117–328, div. P, title I, § 106(a), Dec. 29, 2022, 136 Stat. 5236.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 substituted “Tuesday” for “Monday” and “in accordance with the laws of the State enacted prior to election day” for “as the legislature of such State shall direct”.
Constitutional ProvisionsDay of voting by electors, see Const. Art. II, § 1, cl. 3. Voting by electors, see Const. Amend. XII.
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# 3 U.S.C. § 8 - Manner of voting
## Text
The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.
(June 25, 1948, ch. 644, 62 Stat. 674.)
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---
# 3 U.S.C. § 9 - Certificates of votes for President and Vice President
## Text
The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates of votes one of the certificates of ascertainment of appointment of electors which shall have been furnished to them by direction of the executive of the State.
(June 25, 1948, ch. 644, 62 Stat. 674; Pub. L. 117–328, div. P, title I, § 104(c)(1), Dec. 29, 2022, 136 Stat. 5236.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–328 substituted “annex to each of the certificates of votes one of the certificates of ascertainment of appointment of electors” for “annex to each of the certificates one of the lists of the electors”.
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# 3 U.S.C. § 101 - Commencement of term of office
## Text
The term of four years for which a President and Vice President shall be elected, shall, in all cases, commence on the 20th day of January next succeeding the day on which the votes of the electors have been given.
(June 25, 1948, ch. 644, 62 Stat. 678.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 2000 AmendmentPub. L. 106–293, § 1, Oct. 12, 2000, 114 Stat. 1035, provided that: “This Act [amending provisions set out as a note under section 102 of this title] may be cited as the ‘Presidential Transition Act of 2000’.”
Dwight D. Eisenhower Executive Office BuildingPub. L. 106–92, Nov. 9, 1999, 113 Stat. 1309, provided that: “SECTION 1. DESIGNATION OF DWIGHT D. EISENHOWER EXECUTIVE OFFICE BUILDING.“The Old Executive Office Building located at 17th Street and Pennsylvania Avenue, NW, in Washington, District of Columbia, shall be known and designated as the ‘Dwight D. Eisenhower Executive Office Building’. “SEC. 2. REFERENCES.“Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 shall be deemed to be a reference to the ‘Dwight D. Eisenhower Executive Office Building’.” Pub. L. 100–461, title V, § 590, Oct. 1, 1988, 102 Stat. 2268–52, as amended by Pub. L. 106–92, § 2, Nov. 9, 1999, 113 Stat. 1309, provided that: “(a) Acceptance of Gifts of Money and Property.—The Director of the Office of Administration is authorized to—“(1) accept, hold, administer, utilize and sell gifts and bequests of property, both real and personal, and loans of personal property other than money; and “(2) accept and utilize voluntary and uncompensated services; for the purpose of aiding, benefiting, or facilitating the work of preservation, restoration, renovation, rehabilitation, or historic furnishing of the Dwight D. Eisenhower Executive Office Building and the grounds thereof. “(b) Establishment of Fund.—There is established in the Treasury a fund for use in accordance with the provisions of this section. Amounts of money and proceeds from the sale of property accepted under subsection (a) shall be deposited in the fund, which shall be available to the Director of the Office of Administration. Such funds shall be held in trust by the Secretary of the Treasury. “(c) Use of Fund.—Property accepted pursuant to this section or the proceeds from the sale thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. Any use or sale of property accepted pursuant to this section, and any use of proceeds from such sale, shall be subject to the disapproval of the Administrator of General Services within 30 days after the Administrator receives notice of such use or sale. The Director of the Office of Administration shall not accept any gift under this section that is expressly conditioned on any expenditure not to be met from the gift itself unless such expenditure has been approved by an Act of Congress. “(d) Taxes.—For the purpose of the Federal income, estate, and gift tax laws, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.”
President’s Advisory Commission on Presidential Office SpaceAct Aug. 3, 1956, ch. 925, 70 Stat. 979, as amended by Pub. L. 85–3, Jan. 25, 1957, 71 Stat. 4, created a President’s Advisory Commission on Presidential Office Space to study the problem of providing more adequate office space for the White House Office and the other agencies of the Executive Office of the President. Pursuant to section 1(b) of act Aug. 3, 1956, the Commission was required to report to the President its findings and recommendations within 10 months after Aug. 3, 1956, and section 2(g) of act Aug. 3, 1956, provided that the Commission should cease to exist 30 days after the submission of its final report.
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# 3 U.S.C. § 103 - Traveling expenses
## Text
There may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding $100,000 per annum, such sum when appropriated to be expended in the discretion of the President and accounted for on his certificate solely.
(June 25, 1948, ch. 644, 62 Stat. 678; Pub. L. 95–570, § 4, Nov. 2, 1978, 92 Stat. 2450.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95–570 substituted “$100,000” for “$40,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
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# 3 U.S.C. § 104 - Salary of the Vice President
## Text
(a) The per annum rate of salary of the Vice President of the United States shall be the rate determined for such position under chapter 11 of title 2, as adjusted under this section. Subject to subsection (b), effective at the beginning of the first month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, the salary of the Vice President shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the nearest higher multiple of $100), equal to the percentage of such per annum rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
(b) In no event shall the percentage adjustment taking effect under the second and third sentences of subsection (a) in any calendar year (before rounding) exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.
(June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, § 1(b), 63 Stat. 4; Mar. 2, 1955, ch. 9, § 4(c), 69 Stat. 11; Pub. L. 88–426, title III, § 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91–67, § 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94–82, title II, § 203, Aug. 9, 1975, 89 Stat. 420; Pub. L. 97–257, title I, § 105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L. 101–194, title VII, § 704(a)(2)(A), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(I)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103–356, title I, § 101(2), Oct. 13, 1994, 108 Stat. 3410.)
## Notes
Editorial Notes
References in TextThe General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. Chapter 11 of title 2, referred to in subsec. (a), probably means section 225 of Pub. L. 90–206, which is classified generally to chapter 11 (§ 351 et seq.) of Title 2, The Congress. For complete classification of section 225 to the Code, see Tables. Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of Pub. L. 101–194, which is set out as a note under section 5318 of Title 5.
Amendments1994—Pub. L. 103–356 designated existing provisions as subsec. (a), substituted “Subject to subsection (b), effective” for “Effective” in second sentence, and added subsec. (b). 1990—Pub. L. 101–509 substituted “5303” for “5305”. 1989—Pub. L. 101–194 substituted “corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect” for “corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under section 5305 of title 5) of the adjustment in such rates of pay”. 1982—Pub. L. 97–257 struck out requirement for payment of salary on a monthly basis. 1975—Pub. L. 94–82 substituted provisions for a rate of salary to be determined under chapter 11 of title 2, as adjusted under this section, with adjustments equal to the percentage of such per annum rate which corresponds to the overall average percentage of the adjustment in such rates of pay for provisions for a per annum rate of salary of $62,500. 1969—Pub. L. 91–67 increased salary from $43,000 to $62,500. 1964—Pub. L. 88–426 increased salary from $35,000 to $43,000. 1955—Act Mar. 2, 1955, increased salary from $30,000 to $35,000. 1949—Act Jan. 19, 1949, increased salary from $20,000 to $30,000.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103–356, title I, § 101, Oct. 13, 1994, 108 Stat. 3410, provided that the amendment made by section 101(2) is effective Dec. 31, 1994.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101–194, set out as a note under section 5318 of Title 5, Government Organization and Employees.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–257 effective in the case of compensation payable for months after December 1981, see section 105(c) of Pub. L. 97–257, set out as a note under section 4591 of Title 2, The Congress.
Effective Date of 1969 AmendmentPub. L. 91–67, § 3, Sept. 15, 1969, 83 Stat. 107, provided that: “The amendments made by this Act [amending this section and section 4501 of Title 2, The Congress] shall become effective on March 1, 1969.”
Effective Date of 1964 AmendmentAmendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 504 of Pub. L. 88–426.
Effective Date of 1955 AmendmentAmendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of that act, set out as a note under section 4501 of Title 2, The Congress.
Effective Date of 1949 AmendmentAmendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see section 3 of that act.
Salary IncreasesFor adjustment of pay rates under this section, see provisions dealing with pay adjustments set out as notes under section 5303 of Title 5, Government Organization and Employees. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
Executive Documents
Adjustment of Pay Rates For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
legal/us/code/title-03/chapter-2/section-105.md
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# 3 U.S.C. § 105 - Assistance and services for the President
## Text
(a) (1) Subject to the provisons 11 So in original. Probably should be “provisions”. of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the White House Office without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe.
(2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—
(A) 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition
(B) 25 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition
(C) 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition
(D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5.
(b) (1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the Executive Residence at the White House without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe.
(2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—
(A) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition
(B) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5.
(c) The President is authorized to procure for the White House Office and the Executive Residence at the White House, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5—
(1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and
(2) in the case of the Executive Residence, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5.
Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured for a period in excess of one year if the President determines such procurement is necessary.
(d) There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for—
(1) the care, maintenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House;
(2) the official expenses of the White House Office;
(3) the official entertainment expenses of the President;
(4) the official entertainment expenses for allocation within the Executive Office of the President; and
(5) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President.
Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5) may be expended as the President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3), or (5). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose.
(e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the President’s duties and responsibilities. If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President’s family whom the President designates.
(June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949, ch. 695, § 2(a), 63 Stat. 880; July 31, 1956, ch. 804, title I, § 109, 70 Stat. 740; Pub. L. 87–367, title III, § 303(h), Oct. 4, 1961, 75 Stat. 794; Pub. L. 88–426, title III, § 304(b), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90–222, title I, § 111(c), Dec. 23, 1967, 81 Stat. 726; Pub. L. 95–570, § 1(a), Nov. 2, 1978, 92 Stat. 2445.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95–570 inserted provisions relating to appointment and determination of pay by President of employees in the White House Office and the Executive Residence at the White House; procurement by President of temporary or intermittent services of experts and consultants and pay of such experts and consultants; appropriation of sums for the care, maintenance, etc., of the Executive Residence at the White House, the official expenses of the White House Office, the official entertainment expenses of the President, the official entertainment expenses for allocation within the Executive Office, and the subsistence expenses of Government personnel while traveling on official business in connection with the travel of the President; accounting of sums by President; inspection, certification and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and services to spouse of President or to a member of President’s family; struck out provisions which authorized President to fix compensation of six administrative assistants, Executive Secretaries of the National Security Council, the National Aeronautics and Space Council, and the Economic Opportunity Council, and eight other secretaries or other immediate staff assistants in the White House Office, at rates of basic pay not to exceed the rate of Executive level II. 1967—Pub. L. 90–222 inserted position of Executive Secretary of the Economic Opportunity Council. 1964—Pub. L. 88–426 included Executive Secretary of the National Aeronautics and Space Council, and substituted provisions permitting President to fix compensation of enumerated personnel at rates of basic compensation not more than that of level II of the Federal Executive Salary Schedule for provisions which limited compensation of such personnel to two at rates not more than $22,500, three at not more than $21,000, seven at not more than $20,000 and three at not more than $18,500 per annum. 1961—Pub. L. 87–367 authorized President to increase compensation of three assistants to the President from $17,500 to $18,500 per annum. 1956—Act July 31, 1956, authorized President to fix compensation of an additional three secretaries or other immediate staff assistants, substituted “$22,500” for “$20,000”, “$21,000” for “$18,000”, and “$20,000” for “$15,000”, and provided for payment of three at rates not exceeding $17,500 per annum. 1949—Act Oct. 15, 1949, increased compensation of secretaries, and executive, administrative, and staff assistants.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–222 effective immediately on enactment of Pub. L. 90–222, which was approved on Dec. 23, 1967, see section 401 of Pub. L. 90–222, set out as a note under section 2702 of Title 42, The Public Health and Welfare.
Effective Date of 1964 AmendmentAmendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1961 AmendmentAmendment by Pub. L. 87–367 effective at beginning of first pay period which begins on or after sixtieth day following Oct. 4, 1961, see section 305 of Pub. L. 87–367.
Effective Date of 1956 AmendmentAmendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956.
Effective Date of 1949 AmendmentAmendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under section 273 of Title 2, The Congress.
RepealsAct July 31, 1956, ch. 804, title I, § 109, 70 Stat. 740, cited as a credit to this section, was repealed by Pub. L. 88–426, title III, § 305(1), Aug. 14, 1964, 78 Stat. 422.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Executive Documents
Abolition of National Aeronautics and Space Council National Aeronautics and Space Council, including office of Executive Secretary of Council, together with functions of Council, abolished by section 3(a)(4) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.
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# 3 U.S.C. § 106 - Assistance and services for the Vice President
## Text
(a) In order to enable the Vice President to provide assistance to the President in connection with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and responsibilities, the Vice President is authorized—
(1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than—
(A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition
(B) 3 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition
(C) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition
(D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5; and
(2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.
Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess of one year if the Vice President determines such procurement is necessary.
(b) In order to carry out the executive duties and responsibilities referred to in subsection (a), there are authorized to be appropriated each fiscal year to the Vice President such sums as may be necessary for—
(1) the official expenses of the Office of the Vice President;
(2) the official entertainment expenses of the Vice President; and
(3) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice President.
Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be expended as the Vice President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the Vice President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (2) or (3). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose.
(c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice President in connection with assistance provided by such spouse to the Vice President in the discharge of the Vice President’s executive duties and responsibilities. If the Vice President does not have a spouse, such assistance and services may be provided for such purposes to a member of the Vice President’s family whom the Vice President designates.
(June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949, ch. 695, § 2(b), 63 Stat. 880; Pub. L. 95–570, § 1(a), Nov. 2, 1978, 92 Stat. 2446.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95–570 inserted provisions relating to appointment and determination of pay by the Vice President of employees and procurement by the Vice President of temporary or intermittent services of experts and consultants to enable the Vice President to provide assistance to the President; appropriation of sums for the official expenses of the Office of the Vice President, the official entertainment expenses of the Vice President, and subsistence expenses of Government personnel while traveling on official business in connection with the travel of the Vice President; accounting of sums by the Vice President; inspection, certification and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and services to the spouse of the Vice President or to a member of the Vice President’s family; struck out provisions which authorized the President to appoint and fix compensation of not to exceed six administrative assistants and directed that each assistant perform such duties as the President prescribed. 1949—Act Oct. 15, 1949, struck out salary provisions. See section 105 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
Effective Date of 1949 AmendmentAmendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under section 273 of Title 2, The Congress.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Former President’s Office StaffSee note under section 102 of this title.
Executive Documents
Ex. Ord. No. 11456. Special Assistant to the President for Liaison With Former Presidents Ex. Ord. No. 11456, Feb. 14, 1969, 34 F.R. 2301, provided: By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: Section 1. There shall be in the White House Office a Special Assistant to the President for Liaison with Former Presidents (referred to hereinafter as the Special Assistant). Sec. 2. (a) On behalf of the President, the Special Assistant shall maintain channels of communication between the President and each former living President of the United States, to the end that (1) each such former President shall be kept abreast of such developments as the President may desire; and (2) the President may avail himself of the counsel and advice of any or all of such former Presidents with respect to major matters, particularly of a national security nature, currently confronting the President. (b) The Special Assistant shall also— (1) Keep each former President currently informed of the major aspects of such principal international and domestic problems as the President directs; (2) Arrange to secure from such former Presidents, or any of them, and convey to the President, their views on such issues as the President may designate; and (3) Arrange to secure and convey to the President such views as any of the former Presidents may wish to communicate to the President on any issue of current interest or concern. Sec. 3. (a) The Secretary of State, the Secretary of Defense, the Director of the Central Intelligence Agency, and the Executive Secretary of the National Security Council shall each designate a member of his staff as a point of contact for the Special Assistant. The Special Assistant may call upon such designated staff members to supply information and render such other appropriate assistance as he may require in carrying out his duties under section 2 of this Order. (b) Upon request of the Special Assistant, the head of any department or agency of the Federal Government shall designate a member of his staff as a point of contact to supply information and assistance for the Special Assistant in the performance of his duties in the same manner as provided in subsection (a) for staff members designated pursuant to that subsection. Sec. 4. The Special Assistant shall be appointed by the President and shall serve at the pleasure of the President. He shall receive compensation at such rate as the President, consonant with law, may prescribe. Sec. 5. (a) The Special Assistant shall have such staff and other assistance as may be necessary to carry out his duties under this Order. (b) The Special Assistant shall be provided with such office space as may be necessary to carry out his duties under this Order, and shall also be provided with such office space, and maintenance thereof, as may be necessary for the use of former Presidents at the seat of Government when they are engaged in any effort of interest or concern to the President. Sec. 6. (a) The compensation and expenses of the Special Assistant and members of his staff shall be paid from the appropriation under the heading “Special” in the Executive Office Appropriation Act, 1969, or any corresponding appropriation which may be made for subsequent fiscal years, or from such other appropriated funds as may be available under law. (b) The General Services Administration shall provide, on a reimbursable basis, such administrative services and facilities for the Special Assistant as the White House Office may request. Richard Nixon.
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# 3 U.S.C. § 107 - Domestic Policy Staff and Office of Administration; personnel
## Text
(a) In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized—
(1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than—
(A) 6 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition
(B) 18 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition
(C) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5; and
(2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5.
(b) (1) In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized—
(A) without regard to such other provisions of law as the President may specify which regulate the employment and compensation of persons in the Government service, to appoint and fix the pay of not more than—
(i) 5 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition
(ii) 5 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5; and
(B) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of section 5332 of title 5.
(2) In addition to any authority granted under paragraph (1) of this subsection, the President (or his designee) is authorized to employ individuals in the Office of Administration in accordance with section 3101 of title 5 and provisions relating thereto. Any individual so employed under the authority granted under such section 3101 shall be subject to the limitation specified in section 114 of this title.
(c) There are authorized to be appropriated each fiscal year such sums as may be necessary for the official expenses of the Domestic Policy Staff and the Office of Administration.
(Added Pub. L. 95–570, § 2(a), Nov. 2, 1978, 92 Stat. 2448.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 107, act June 25, 1948, ch. 644, 62 Stat. 679, providing that employees of the executive departments and independent establishments of the executive branch of the Government might be detailed from time to time to the White House Office for temporary assistance, was repealed by section 2(a) of Pub. L. 95–570. See section 112 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Applicability of Subsec. (b) to Current Employees of Office of AdministrationPub. L. 95–570, § 6(b), Nov. 2, 1978, 92 Stat. 2451, provided that: “In the case of an individual—“(1) who is an employee of the Office of Administration as of the date of the enactment of this Act [Nov. 2, 1978], and “(2) whose position would be terminated or whose rate of basic pay would be reduced (but for this subsection) by reason of section 107(b) of title 3, United States Code (as amended by this Act) [subsec. (b) of this section], such employee may be allowed to continue to hold such position and receive basic pay at the rate in effect on the effective date of this Act [see Effective Date of 1978 Amendment note set out under section 102 of this title] during the period which begins on such date and ends 2 years after such date so long as such employee continues as an employee of the Office of Administration.”
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# 3 U.S.C. § 108 - Assistance to the President for unanticipated needs
## Text
(a) There is authorized to be appropriated to the President an amount not to exceed $1,000,000 each fiscal year to enable the President, in his discretion, to meet unanticipated needs for the furtherance of the national interest, security, or defense, including personnel needs and needs for services described in section 3109(b) of title 5, and administrative expenses related thereto, without regard to any provision of law regulating the employment or compensation of persons in the Government service or regulating expenditures of Government funds.
(b) The President shall transmit a report to each House of the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report.
(c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.
(Added Pub. L. 95–570, § 2(a), Nov. 2, 1978, 92 Stat. 2449.)
## Notes
Editorial Notes
References in TextFor the effective date of this subsection, referred to in subsec. (b), see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
Prior ProvisionsA prior section 108, act June 25, 1948, ch. 644, 62 Stat. 679, directing the Quartermaster General of the Army to provide suitable accommodations for the horses, carriages, and other vehicles of the President and of the Executive Office, was repealed by act June 28, 1950, ch. 383, title IV, § 401(j), 64 Stat. 271. Insofar as prior section 108, by virtue of a former proviso in section 401 of act June 28, 1950, continued to remain in effect to the extent that it was applicable to the Department of the Air Force, and the United States Air Force, it was additionally repealed by act Sept. 19, 1951, ch. 407, title IV, § 401(a)(1), 65 Stat. 333. Act Oct. 31, 1951, ch. 654, § 1(2), 65 Stat. 701, repealed that part of act Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1404, from which prior section 108, as enacted by act June 25, 1948, ch. 644, § 1, 62 Stat. 672, had been derived. That part of the 1911 act had previously been repealed by section 3 of the 1948 act.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
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# 3 U.S.C. § 109 - Public property in and belonging to the Executive Residence at the White House
## Text
The steward, housekeeper, or such other employee of the Executive Residence at the White House as the President may designate, shall under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and public property therein. A complete inventory, in proper books, shall be made annually in the month of June, under the direction of the Director of the National Park Service, of all the public property in and belonging to the Executive Residence at the White House, showing when purchased, its cost, condition, and final disposition. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the office of the Director of the National Park Service, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property.
(June 25, 1948, ch. 644, 62 Stat. 679; Pub. L. 92–310, title II, § 201, June 6, 1972, 86 Stat. 202; Pub. L. 95–570, § 5(b)(1), Nov. 2, 1978, 92 Stat. 2450.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95–570 substituted in section catchline “the Executive Residence at the White House” for “Executive Mansion” and in text “Executive Residence at the White House” for “Executive Mansion” in two places. 1972—Pub. L. 92–310 struck out provisions which required a bond in the sum of $10,000 from the person having charge and custody of the plate, furniture, and public property.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
Executive Documents
Transfer of Functions Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
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# 3 U.S.C. § 110 - Furniture for the Executive Residence at the White House
## Text
All furniture purchased for the use of the Executive Residence at the White House shall be, as far as practicable, of domestic manufacture. With a view to conserving in the Executive Residence at the White House the best specimens of the early American furniture and furnishings, and for the purpose of maintaining the interior of the Executive Residence at the White House in keeping with its original design, the Director of the National Park Service is authorized and directed, with the approval of the President, to accept donations of furniture and furnishings for use in the Executive Residence at the White House, all such articles thus donated to become the property of the United States and to be accounted for as such. The said Director of the National Park Service is further authorized and directed, with the approval of the President, to appoint a temporary committee composed of one representative of the American Federation of Arts, one representative of the National Commission of Fine Arts, one representative of the National Academy of Design, one member of the American Institute of Architects, and five members representing the public at large; the said committee to have full power to select and pass on the articles in question and to recommend the same for acceptance.
(June 25, 1948, ch. 644, 62 Stat. 679; Pub. L. 95–570, § 5(c)(1), Nov. 2, 1978, 92 Stat. 2451.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95–570 inserted in section catchline “the Executive Residence at the” before “White House” and substituted in text “Executive Residence at the White House” for “President’s House” and “Executive Residence at the White House” for “White House” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
Commission on Renovation of the Executive MansionAct Apr. 14, 1949, ch. 51, 63 Stat. 45, authorized appointment of a commission of six to supervise and approve all construction plans and work necessary to remedy the present unsafe conditions in the Executive Mansion and to modernize same.
White House; Administration; Preservation of Museum Character; Articles of Historic or Artistic InterestPub. L. 87–286, Sept. 22, 1961, 75 Stat. 586, provided: “That all of that portion of reservation numbered 1 in the city of Washington, District of Columbia, which is within the President’s park enclosure, comprising eighteen and seven one-hundredths acres, shall continue to be known as the White House and shall be administered pursuant to the Act of August 25, 1916 (39 Stat. 535; [former] 16 U.S.C. 1–3 [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101]), and Acts supplementary thereto and amendatory thereof. In carrying out this Act primary attention shall be given to the preservation and interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the first floor of the White House, but nothing done under this Act shall conflict with the administration of the Executive offices of the President or with the use and occupancy of the buildings and grounds as the home of the President and his family and for his official purposes. “Sec. 2. Articles of furniture, fixtures, and decorative objects of the White House, when declared by the President to be of historic or artistic interest, together with such similar articles, fixtures, and objects as are acquired by the White House in the future when similarly so declared, shall thereafter be considered to be inalienable and the property of the White House. Any such article, fixture, or object when not in use or on display in the White House shall be transferred by direction of the President as a loan to the Smithsonian Institution for its care, study, and storage or exhibition and such articles, fixtures, and objects shall be returned to the White House from the Smithsonian Institution on notice by the President. “Sec. 3. Nothing in this Act shall alter any privileges, powers, or duties vested in the White House Police and the United States Secret Service, Treasury Department, by [former] section 202 of title 3, United States Code, and section 3056 of title 18, United States Code.” [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
Executive Documents
Transfer of Functions Functions of officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, see Transfer of Functions note set out under section 109 of this title.
Ex. Ord. No. 11145. Curator of White House; Committee for Preservation of White House Ex. Ord. No. 11145, Mar. 7, 1964, 29 F.R. 3189, as amended by Ex. Ord. No. 11565, Oct. 13, 1970, 35 F.R. 16155, provided: WHEREAS the White House, as the home of the highest elective officer of the United States —symbolizes the American ideal of responsible self-government —is emblematic of our democracy and our national purpose —has been intimately associated with the personal and social life of the Presidents of the United States and many of their official acts —occupies a particular place in the heart of every American citizen, and WHEREAS certain historic rooms and entranceways in the White House —possess great human interest and historic significance —traditionally have been open to visitors —have provided pleasure and patriotic inspiration to millions of our citizens —have come to be regarded as a public museum and the proud possession of all Americans, and WHEREAS the Congress by law (Act of September 22, 1961), (75 Stat. 586) [set out as a note under this section] has authorized the care and preservation of the historic and artistic contents of the White House and has given the President certain responsibilities with regard thereto: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: Section 1. (a) There shall be in the White House a Curator of the White House. The Curator shall assist in the preservation and protection of the articles of furniture, fixtures, and decorative objects used or displayed in the principal corridor on the ground floor and the principal public rooms on the first floor of the White House, and in such other areas in the White House as the President may designate. (b) The Curator shall report to the President and shall make recommendations with respect to the articles, fixtures, and objects to be declared by the President, under section 2 of the Act of September 22, 1961, to be of historic or artistic interest. Sec. 2. There is hereby established the Committee for the Preservation of the White House, hereinafter referred to as the “Committee”. The Committee shall be composed of the Director of the National Park Service, the Curator of the White House, the Secretary of the Smithsonian Institution, the Chairman of the Commission of Fine Arts, the Director of the National Gallery of Art, the Chief Usher of the White House, and so many other members as the President may from time to time appoint. The Director of the National Park Service shall serve as Chairman of the Committee and shall designate an employee of that Service to act as Executive Secretary of the Committee. Members of the Committee shall serve without compensation. Sec. 3. (a) The Committee shall report to the President and shall advise the Director of the National Park Service with respect to the discharge of his responsibility under the Act of September 22, 1961, for the preservation and the interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the first floor of the White House. Among other things, the Committee shall make recommendations as to the articles of furniture, fixtures, and decorative objects which shall be used or displayed in the aforesaid areas of the White House and as to the decor and arrangements therein best suited to enhance the historic and artistic values of the White House and of such articles, fixtures, and objects. (b) The Committee shall cooperate with the White House Historical Association, a nonprofit organization heretofore formed under the laws of the District of Columbia. (c) The Committee is authorized to invite individuals who are distinguished or interested in the fine arts to attend its meetings or otherwise to assist in carrying out its functions. Sec. 4. Consonant with law, each Federal department and agency represented on the Committee shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691) [31 U.S.C. 1346(b)]. The Department of the Interior shall furnish necessary administrative services for the Committee.
Extension of Term of Committee for the Preservation of the White House Term of Committee for the Preservation of the White House extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of Committee for the Preservation of the White House were contained in the following prior Executive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015. Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013. Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011. Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007. Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005. Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003. Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001. Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999. Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997. Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995. Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993. Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991. Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989. Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987. Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985. Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984. Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982. Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, extended term until Dec. 31, 1980. Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, extended term until Dec. 31, 1978.
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# 3 U.S.C. § 111 - Expense allowance of Vice President
## Text
There shall be paid to the Vice President in equal monthly installments an expense allowance of $20,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him.
(Added Jan. 19, 1949, ch. 2, § 1(c), 63 Stat. 4; amended Oct. 20, 1951, ch. 521, title VI, § 619(b), 65 Stat. 570; Pub. L. 108–7, div. H, title I, § 1(a), Feb. 20, 2003, 117 Stat. 348.)
## Notes
Editorial Notes
Amendments2003—Pub. L. 108–7 substituted “$20,000” for “$10,000”. 1951—Act Oct. 20, 1951, made Vice President’s expense allowance taxable.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentAmendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108–7, set out as a note under section 6102 of Title 2, The Congress.
Effective Date of 1951 AmendmentAmendment by act Oct. 20, 1951, effective at noon on Jan. 20, 1953, see section 619(e) of that act, set out as a note under section 102 of this title.
Effective DateSection effective noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.
Official Temporary Residence of the Vice PresidentPub. L. 93–346, July 12, 1974, 88 Stat. 340, as amended by Pub. L. 93–552, title VI, § 609(a), Dec. 27, 1974, 88 Stat. 1764; Pub. L. 107–67, title VI, §§ 635, 636, Nov. 12, 2001, 115 Stat. 553, provided: “That effective July 1, 1974, the Government-owned house together with furnishings, associated grounds (consisting of twelve acres, more or less), and related facilities which have heretofore been used as the residence of the Chief of Naval Operations, Department of the Navy, shall, on and after such date be available for, and are hereby designated as, the temporary official residence of the Vice President of the United States. “Sec. 2. The temporary official residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office. “Sec. 3. The Secretary of the Navy shall, subject to the supervision and control of the Vice President, provide for the military staffing, utilities (including electrical) for, and the care and maintenance of the grounds of the temporary official residence of the Vice President and, subject to reimbursement therefor out of funds appropriated for such purposes, provide for the civilian staffing, care, maintenance, repair, improvement, alteration, and furnishing of such residence. “Sec. 4. There is hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the foregoing provisions of this joint resolution. During any interim period until and before any such funds are so appropriated, the Secretary of the Navy shall make provision for staffing and other appropriate services in connection with the temporary official residence of the Vice President from funds available to the Department of the Navy, subject to reimbursement therefor from funds subsequently appropriated to carry out the purposes of this joint resolution. “Sec. 5. After the date on which the Vice President moves into the temporary official residence provided for in this joint resolution no funds may be expended for the maintenance, care, repair, furnishing, or security of any residence for the Vice President other than the temporary official residence provided for in this joint resolution unless the expenditure of such funds is specifically authorized by law enacted after such date. “Sec. 6. The Secretary of the Navy is authorized and directed, with the approval of the Vice President, to accept donations of money or property for the furnishing of or making improvements in or about, or for use at official functions in or about, the temporary official residence of the Vice President, all such donations to become the property of the United States and to be accounted for as such. “Sec. 7. [Amended former section 202 of this title]. “Sec. 8. [Amended section 3056(a) of title 18]. “Sec. 9. It is the sense of Congress that living accommodations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.”
Official Residence for the Vice President; Design and Construction; Authorization of AppropriationPub. L. 89–386, Apr. 9, 1966, 80 Stat. 106, provided: “That the Administrator of General Services is hereby authorized to plan, design, and construct an official residence for the Vice President of the United States in the District of Columbia. “Sec. 2. The Administrator is further authorized to use as a site for such residence Federal land and property comprising approximately ten acres at the United States Naval Observatory, the specific area and boundaries thereof to be determined jointly by the General Services Administration and the Department of the Navy: Provided, That any roads and improvements thereon for which there is a continued need may be relocated and reconstructed. “Sec. 3. The Administrator is further authorized to provide for the care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds, including heating, lighting, and air conditioning, which services shall be provided at the expense of the United States. “Sec. 4. The Administrator of General Services is further authorized to accept cash gifts, furniture, and furnishings and other types of gifts on behalf of the United States for use in constructing and furnishing the official residence but without further conditions on use, all such articles thus given to become the property of the United States. “Sec. 5. There is authorized to be appropriated to the General Services Administration, the sum of $750,000 for planning, design, construction, and costs incidental thereto, including the cost of initial furnishings. “Sec. 6. There is further authorized to be appropriated to the General Services Administration, annually, such amounts as may be necessary to carry out the purposes of section 3.”
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---
# 3 U.S.C. § 112 - Detail of employees of executive departments
## Text
The head of any department, agency, or independent establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee has been detailed for service to such office shall reimburse the detailing department, agency, or establishment for the pay of each employee thereof—
(1) who is so detailed, and
(2) who is performing services which have been or would otherwise be performed by an employee of such office,
for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year.
(Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2449.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
Authority With Respect to Detailed EmployeesPub. L. 107–67, title VI, § 637, Nov. 12, 2001, 115 Stat. 553, provided that: “During fiscal year 2002 and thereafter, the head of an entity named in 3 U.S.C. 112 may, with respect to civilian personnel of any branch of the Federal Government performing duties in such entity, exercise authority comparable to the authority that may by law (including chapter 57 and sections 8344 and 8468 of title 5, United States Code) be exercised with respect to the employees of an Executive agency (as defined in 5 U.S.C. 105) by the head of such Executive agency, and the authority granted by this section shall be in addition to any other authority available in law.”
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---
# 3 U.S.C. § 113 - Personnel report
## Text
(a) The President shall transmit to each House of the Congress, and make available to the public, reports containing information described in subsection (b) for each fiscal year beginning on or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year.
(b) Each report required under subsection (a) shall contain—
(1) the number of employees who are paid at a rate of basic pay equal to or greater than the rate of basic pay then currently paid for level V of the Executive Schedule of section 5316 of title 5 and who are employed in the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, or the Office of Administration, and the aggregate amount paid to such employees;
(2) the number of employees employed in such offices who are paid at a rate of basic pay which is equal to or greater than the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5 but which is less than the rate then currently paid for level V of the Executive Schedule of section 5316 of title V 11 So in original. Probably should be title “5”. and the aggregate amount paid to such employees;
(3) the number of employees employed in such offices who are paid at a rate of basic pay which is less than the minimum rate then currently paid for GS–16 of the General Schedule of section 5332 of title V 1, and the aggregate amount paid to such employees;
(4) the number of individuals detailed under section 112 of this title for more than 30 days to each such office, the number of days in excess of 30 each individual was detailed, and the aggregate amount of reimbursement made as provided by the provisions of section 112 of this title; and
(5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggregate amount paid to procure such services.
The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved.
(Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2449.)
## Notes
Editorial Notes
References in TextFor the effective date of this section, referred to in subsec. (a), see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 21), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Report on White House Office PersonnelPub. L. 103–270, § 6, June 30, 1994, 108 Stat. 737, provided that: “(a) Submission of Report.—On July 1 of each year, the President shall submit a report described in subsection (b) to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Operations of the House of Representatives. “(b) Contents.—A report under subsection (a) shall, except as provided in subsection (c), include—“(1) a list of each individual—“(A) employed by the White House Office; or “(B) detailed to the White House Office; and “(2) with regard to each individual described in paragraph (1), the individual’s—“(A) name; “(B) position and title; and “(C) annual rate of pay. “(c) Exclusion From Report.—If the President determines that disclosure of any item of information described in subsection (b) with respect to any particular individual would not be in the interest of the national defense or foreign policy of the United States—“(1) a report under subsection (a) shall—“(A) exclude such information with respect to that individual; and “(B) include a statement of the number of individuals with respect to whom such information has been excluded; and “(2) at the request of the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate or the Committee on Government Operations of the House of Representatives, the information that was excluded from the report shall be made available for inspection by such committee.” [Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.] [Section 6 of Pub. L. 103–270, set out above, effective Jan. 1, 1995, see section 7(i) of Pub. L. 103–270, set out as an Effective Date of 1994 Amendment; Transition Provisions note under section 591 of Title 28, Judiciary and Judicial Procedure.]
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# 3 U.S.C. § 114 - General pay limitation
## Text
Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Residence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the Vice President appointed under section 106 of this title, may be paid at a rate of basic pay in excess of the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5.
(Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2450.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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---
# 3 U.S.C. § 115 - Veterans’ preference
## Text
(a) Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5.
(b) Subsection (a) shall not apply to any appointment to a position the rate of basic pay for which is at least equal to the minimum rate established for positions in the Senior Executive Service under section 5382 of title 5 and the duties of which are comparable to those described in section 3132(a)(2) of such title or to any other position if, with respect to such position, the President makes certification—
(1) that such position is—
(A) a confidential or policy-making position; or
(B) a position for which political affiliation or political philosophy is otherwise an important qualification; and
(2) that any individual selected for such position is expected to vacate the position at or before the end of the President’s term (or terms) of office.
Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.
(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)
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# 3 U.S.C. § 302 - Scope of delegation of functions
## Text
The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President.
(Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.)
## Notes
Statutory Notes and Related Subsidiaries
Similar Provisions; Repeal; Saving ClauseFor similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.
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# 3 U.S.C. § 303 - Definitions
## Text
As used in this chapter, the term “function” embraces any duty, power, responsibility, authority, or discretion vested in the President or other officer concerned, and the terms “perform” and “performance” may be construed to mean “exercise”.
(Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.)
## Notes
Statutory Notes and Related Subsidiaries
Similar Provisions; Repeal; Saving ClauseFor similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.
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# 3 U.S.C. § 401 - Definitions
## Text
(a) In General.— Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) Board.— The term “Board” means the Merit Systems Protection Board under chapter 12 of title 5.
(2) Covered employee.— The term “covered employee” means any employee of an employing office.
(3) Employee.— The term “employee” includes an applicant for employment and a former employee.
(4) Employing office.— The term “employing office” means—
(A) each office, agency, or other component of the Executive Office of the President;
(B) the Executive Residence at the White House; and
(C) the official residence (temporary or otherwise) of the Vice President.
(b) Definitions Relating to Certain Matters.— For purposes of applying this chapter with respect to any practice or other matter—
(1) to which section 411 relates, the terms “employing office” and “covered employee” shall each be considered to have the meaning given to the term by such section;
(2) to which section 412 relates, the term “covered employee” means a covered employee described in section 412(a)(2)(B);
(3) to which section 413 relates, the term “covered employee” excludes interns and volunteers, as described in section 413(a)(2); and
(4) to which section 416 relates, the term “covered employee” means a covered employee described in section 416(a)(2).
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4054.)
## Notes
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 104–331, § 2(b), Oct. 26, 1996, 110 Stat. 4068, provided that: “Appropriate measures shall be taken to ensure that— “(1) any regulations required to implement section 411 of title 3, United States Code, shall be in effect by October 1, 1997; and “(2) any other regulations needed to implement chapter 5 of title 3, United States Code, shall be in effect as soon as practicable, but not later than October 1, 1998.”
Applicability of Future Employment LawsPub. L. 104–331, § 4, Oct. 26, 1996, 110 Stat. 4071, provided that: “(a) In General.—Each provision of Federal law that is made applicable to the legislative branch under section 102 of the Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that is enacted later than 12 months after the date of the enactment of this Act [Oct. 26, 1996], shall be deemed to apply with respect to ‘employing offices’ and ‘covered employees’ (within the meaning of section 401 of title 3, United States Code, as added by this Act), unless such law specifically provides otherwise and expressly cites this section. “(b) Regulations.—“(1) In general.—The President, or the designee of the President, shall issue regulations to implement such provision. “(2) Agency regulations.—The regulations issued under paragraph (1) to implement a provision shall be the same as substantive regulations promulgated by the head of the appropriate executive agency to implement the provision, except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under the section.”
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# 3 U.S.C. § 402 - Application of laws
## Text
The following laws shall apply, as prescribed by this chapter, to all employing offices (including employing offices within the meaning of section 411, to the extent prescribed therein):
(1) The Fair Labor Standards Act of 1938.
(2) Title VII of the Civil Rights Act of 1964.
(3) The Americans with Disabilities Act of 1990.
(4) The Age Discrimination in Employment Act of 1967.
(5) The Family and Medical Leave Act of 1993.
(6) The Occupational Safety and Health Act of 1970.
(7) Chapter 71 (relating to Federal service labor-management relations) of title 5.
(8) The Employee Polygraph Protection Act of 1988.
(9) The Worker Adjustment and Retraining Notification Act.
(10) The Rehabilitation Act of 1973.
(11) Chapter 43 (relating to veterans’ employment and reemployment) of title 38.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4054.)
## Notes
Editorial Notes
References in TextThe Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables. The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of Title 2, The Congress, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§ 2001 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables. The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables. The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
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# 3 U.S.C. § 411 - Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990
## Text
(a) Discriminatory Practices Prohibited.— All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964;
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967; or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 and sections 102 through 104 of the Americans with Disabilities Act of 1990.
(b) Remedy.— (1) Civil rights.— The remedy for a violation of subsection (a)(1) shall be—
(A) such damages as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964; and
(B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes, or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes.
(2) Age discrimination.— The remedy for a violation of subsection (a)(2) shall be—
(A) such damages as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967; and
(B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act.
In addition, the waiver provisions of section 7(f) of such Act shall apply to covered employees.
(3) Disabilities discrimination.— The remedy for a violation of subsection (a)(3) shall be—
(A) such damages as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 or section 107(a) of the Americans with Disabilities Act of 1990; and
(B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes.
(c) Definitions.— Except as otherwise specifically provided in this section, as used in this section:
(1) Covered employee.— The term “covered employee” means any employee of a unit of the executive branch, including the Executive Office of the President, whether appointed by the President or by any other appointing authority in the executive branch, who is not otherwise entitled to bring an action under any of the statutes referred to in subsection (a), but does not include any individual—
(A) whose appointment is made by and with the advice and consent of the Senate;
(B) who is appointed to an advisory committee, as defined in section 1001 of title 5; or
(C) who is a member of the uniformed services.
(2) Employing office.— The term “employing office”, with respect to a covered employee, means the office, agency, or other entity in which the covered employee is employed (or sought employment or was employed in the case of an applicant or former employee, respectively).
(d) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b).
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 717 of the Civil Rights Act of 1964 or section 501 of the Rehabilitation Act of 1973 that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in paragraph (1) or (3) of subsection (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(e) Applicability.— Subsections (a) through (c), and section 417 (to the extent that it relates to any matter under this section), shall apply with respect to violations occurring on or after the effective date of this chapter.
(f) Effective Date.— This section shall take effect on October 1, 1997.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4055; amended Pub. L. 117–286, § 4(a)(3), Dec. 27, 2022, 136 Stat. 4305.)
## Notes
Editorial Notes
References in TextSections 703, 706, and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a)(1), (b)(1)(A), and (d)(2)(B), are classified to sections 2000e–2, 2000e–5, and 2000e–16, respectively, of Title 42, The Public Health and Welfare. Sections 7 and 15 of the Age Discrimination in Employment Act of 1967, referred to in subsecs. (a)(1) and (b)(2), are classified to sections 626 and 633a, respectively, of Title 29, Labor. Sections 501 and 505 of the Rehabilitation Act of 1973, referred to in subsecs. (a)(3), (b)(3)(A), and (d)(2)(B), are classified to sections 791 and 794a, respectively, of Title 29. Sections 102 to 104 and 107 of the Americans with Disabilities Act of 1990, referred to in subsecs. (a)(3) and (b)(3)(A), are classified to sections 12112 to 12114 and 12117, respectively, of Title 42, The Public Health and Welfare. Sections 1977 and 1977A of the Revised Statutes, referred to in subsec. (b)(1)(B), (3)(B), are classified to sections 1981 and 1981a, respectively, of Title 42. The effective date of this chapter, referred to in subsec. (e), is Oct. 1, 1997, unless otherwise provided, see section 471 of this title.
Amendments2022—Subsec. (c)(1)(B). Pub. L. 117–286 substituted “section 1001 of title 5;” for “section 3(2) of the Federal Advisory Committee Act;”.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.
RegulationsFor provisions requiring that appropriate measures be taken to ensure that any regulations required to implement this section be in effect by Oct. 1, 1997, see section 2(b)(1) of Pub. L. 104–331, set out as a note under section 401 of this title.
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# 3 U.S.C. § 412 - Rights and protections under the Family and Medical Leave Act of 1993
## Text
(a) Family and Medical Leave Rights and Protections Provided.— (1) In general.— The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 shall apply to covered employees.
(2) Definitions.— For purposes of the application described in paragraph (1)—
(A) the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office; and
(B) the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
(3) Exception.— Notwithstanding section 401(b)(2), the requirements of paragraph (2)(B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).
(b) Remedy.— The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993.
(c) Special Rules for Substitution of Paid Leave.— (1) Substitution of paid leave.— A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
(2) Available leave.— The paid leave that is available to a covered employee for purposes of paragraph (1) is leave of the type and in the amount available to an employee under section 6382(d)(2)(B) of title 5, United States Code, for substitution for leave without pay under subparagraph (A) or (B) of section 6382(a)(1) of such title.
(3) Consistency with title 5.— Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382(d)(2) of title 5, United States Code, except that a reference in that section to an employing agency shall be considered to be a reference to an employing office, and subparagraph (E) of that section shall not apply.
(d) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section;
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of subchapter V of chapter 63 of title 5, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government; and
(C) except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection.
(e) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c) (as in effect on the date of enactment of the Presidential and Executive Office Accountability Act); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4057; amended Pub. L. 116–283, div. A, title XI, § 1103(e)(1), Jan. 1, 2021, 134 Stat. 3888.)
## Notes
Editorial Notes
References in TextThe Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of Title 2, The Congress, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. Sections 101 to 105 and 107 of the Act are classified to sections 2611 to 2615 and 2617, respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. The date of enactment of the Presidential and Executive Office Accountability Act, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 104–331, which was approved Oct. 26, 1996.
Amendments2021—Subsec. (a)(3). Pub. L. 116–283, § 1103(e)(1)(A), added par. (3). Subsecs. (c), (d). Pub. L. 116–283, § 1103(e)(1)(B), (C), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(2)(C). Pub. L. 116–283, § 1103(e)(1)(D), added subpar. (C). Subsec. (e). Pub. L. 116–283, § 1103(e)(1)(B), redesignated subsec. (d) as (e). Subsec. (e)(1). Pub. L. 116–283, § 1103(e)(1)(E), inserted “(as in effect on the date of enactment of the Presidential and Executive Office Accountability Act)” after “subsection (c)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116–283, div. A, title XI, § 1103(e)(2), Jan. 1, 2021, 134 Stat. 3889, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to any birth or placement occurring on or after October 1, 2020.”
Effective DateSubsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 413 - Rights and protections under the Fair Labor Standards Act of 1938
## Text
(a) Fair Labor Standards.— (1) In general.— The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 shall apply to covered employees.
(2) Interns and volunteers.— For the purposes of this section, the term “covered employee” does not include an intern or a volunteer as defined in regulations under subsection (c).
(3) Compensatory time.— Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938.
(c) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(3) Irregular work schedules.— The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules.
(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)
## Notes
Editorial Notes
References in TextThe Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. Sections 6, 7, 12, and 16 of the Act are classified to sections 206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 414 - Rights and protections under the Employee Polygraph Protection Act of 1988
## Text
(a) Polygraph Practices Prohibited.— No employing office may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988. In addition, the waiver provisions of section 6(d) of such Act shall apply to covered employees.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988.
(c) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)
## Notes
Editorial Notes
References in TextSections 3 and 6 of the Employee Polygraph Protection Act of 1988, referred to in subsecs. (a) and (b), are classified to sections 2002 and 2005, respectively, of Title 29, Labor.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 415 - Rights and protections under the Worker Adjustment and Retraining Notification Act
## Text
(a) Worker Adjustment and Retraining Notification Rights.— (1) In general.— Except as provided in paragraph (2), no employing office shall be closed or mass layoff ordered within the meaning of section 3 of the Worker Adjustment and Retraining Notification Act until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees.
(2) Exception.— (A) In general.— In the event that a President (hereinafter in this paragraph referred to as the “previous President”) is not elected to a successive term in office as a result of the election of a new President—
(i) no notice or waiting period shall be required under paragraph (1) with respect to the separation of any individual described in subparagraph (B), if such separation occurs pursuant to a closure or mass layoff ordered after the term of the new President commences; and
(ii) if any individual is separated from service, or begins a period of leave under the Family and Medical Leave Act of 1993, before such term commences, nothing in this chapter shall require reinstatement or restoration to employment of the individual after such term commences.
(B) Description of individuals.— An individual described in this subparagraph is any covered employee serving pursuant to an appointment made during—
(i) the term of office of the previous President; or
(ii) any term, earlier than the term referred to in clause (i), during which such previous President served as President or Vice President.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act.
(c) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4059.)
## Notes
Editorial Notes
References in TextSections 3 and 5 of the Worker Adjustment and Retraining Notification Act, referred to in subsecs. (a)(1) and (b), are classified to sections 2102 and 2104, respectively, of Title 29, Labor. The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2)(A)(ii), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of Title 2, The Congress, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 416 - Rights and protections relating to veterans’ employment and reemployment
## Text
(a) Employment and Reemployment Rights of Members of the Uniformed Services.— (1) In general.— It shall be unlawful for an employing office to—
(A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee;
(B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or
(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.
(2) Definition.— For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323(d) of title 38.
(c) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(d) Effective Date.— Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4060; amended Pub. L. 111–275, title VII, § 703(c), Oct. 13, 2010, 124 Stat. 2888.)
## Notes
Editorial Notes
Amendments2010—Subsec. (b). Pub. L. 111–275 substituted “under section 4323(d) of title 38” for “under paragraphs (1) and (2)(A) of section 4323(c) of title 38”.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 417 - Prohibition of intimidation or reprisal
## Text
(a) In General.— It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter.
(b) Remedy.— A violation of subsection (a) may be remedied by any legal remedy available to redress the practice opposed by the covered employee or other violation of law as to which the covered employee initiated proceedings, made a charge, or engaged in other conduct protected under subsection (a).
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4061.)
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# 3 U.S.C. § 421 - Rights and protections under the Americans with Disabilities Act of 1990
## Text
(a) Rights and Protections.— The rights and protections against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections 302, 303, and 309, of the Americans with Disabilities Act of 1990 shall apply, to the extent that public services, programs, or activities are provided, with respect to the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President.
(b) Remedy.— The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 203 or 308 of the Americans with Disabilities Act of 1990, as the case may be, except that, with respect to any claim of employment discrimination, the exclusive remedy shall be under section 411 of this title. A remedy under the preceding sentence shall be enforced in accordance with applicable provisions of such section 203 or 308, as the case may be.
(c) Definition.— For purposes of the application under this section of the Americans with Disabilities Act of 1990, the term “public entity” as used in such Act, means, to the extent that public services, programs, or activities are provided, the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President.
(d) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 1, 2, 3, or 6 of the Act entitled “An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped”, approved August 12, 1968 (commonly known as the “Architectural Barriers Act of 1968”) or section 501 of the Rehabilitation Act of 1973 that applies to agencies of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to agencies of the executive branch of the Federal Government.
(e) Effective Date.— Subsections (a), (b), and (c) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (d); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4061; amended Pub. L. 106–92, § 2, Nov. 9, 1999, 113 Stat. 1309.)
## Notes
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsecs. (a) to (c), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. Sections 201 to 204, 302, 303, 308, and 309 of the Act are classified to sections 12131 to 12134, 12182, 12183, 12188, and 12189, respectively, of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. Sections 1, 2, 3, and 6 of the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, referred to in subsec. (d)(2)(B), are classified to sections 4151 to 4153 and 4156, respectively, of Title 42. Section 501 of the Rehabilitation Act of 1973, referred to in subsec. (d)(2)(B), is classified to section 791 of Title 29, Labor.
Amendments1999—Subsecs. (a), (c). Pub. L. 106–92 substituted “Dwight D. Eisenhower Executive Office Building” for “Old Executive Office Building”.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 425 - Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations
## Text
(a) Occupational Safety and Health Protections.— (1) In general.— Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970.
(2) Definitions.— For purposes of the application under this section of the Occupational Safety and Health Act of 1970—
(A) the term “employer” as used in such Act means an employing office; and
(B) the term “employee” as used in such Act means a covered employee.
(b) Remedy.— The remedy for a violation of subsection (a) shall be an order to correct the violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970.
(c) Procedures.— (1) Requests for inspections.— Upon written request of any employing office or covered employee, the Secretary of Labor shall have the authority to inspect and investigate places of employment under the jurisdiction of employing offices in accordance with subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970.
(2) Citations, notices, and notifications.— The Secretary of Labor shall have the authority, in accordance with sections 9 and 10 of the Occupational Safety and Health Act of 1970, to issue—
(A) a citation or notice to any employing office responsible for correcting a violation of subsection (a); or
(B) a notification to any employing office that the Secretary of Labor believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction.
(3) Hearings and review.— If after issuing a citation or notification, the Secretary of Labor determines that a violation has not been corrected—
(A) the citation and notification shall be deemed a final order (within the meaning of section 10(b) of the Occupational Safety and Health Act of 1970) if the employer fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt of the notice that the employer intends to contest the citation or notification; or
(B) opportunity for a hearing before the Occupational Safety and Health Review Commission shall be afforded in accordance with section 10(c) of the Occupational Safety and Health Act of 1970, if the employer gives timely notice to the Secretary that he intends to contest the citation or notification.
(4) Variance procedures.— An employing office may request from the Secretary of Labor an order granting a variance from a standard made applicable by this section, in accordance with sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970.
(5) Judicial review.— Any person or employing office aggrieved by a final decision of the Occupational Safety and Health Review Commission under paragraph (3) or the Secretary of Labor under paragraph (4) may file a petition for review with the United States Court of Appeals for the Federal Circuit under section 1296 of title 28.
(6) Compliance date.— If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review.
(d) Regulations To Implement Section.— (1) In general.— The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.— The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(3) Employing office responsible for correction.— The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for different categories of violations of subsection (a), the employing office responsible for correction of a particular violation.
(e) Effective Date.— Subsections (a) through (c) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (d); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4062.)
## Notes
Editorial Notes
References in TextThe Occupational Safety and Health Act of 1970, referred to in subsecs. (a) to (c)(4) and (d)(2)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. Sections 5, 6, 8 to 10, 13, and 19 of the Act are classified to sections 654, 655, 657 to 659, 662, and 668, respectively, of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSubsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 431 - Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations
## Text
(a) Labor-Management Rights.— Subject to subsection (d), chapter 71 of title 5 shall apply to employing offices and to covered employees and representatives of those employees, except that covered employees shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or 7123 of title 5.
(b) Definition.— For purposes of the application under this section of chapter 71 of title 5, the term “agency” as used in such chapter means an employing office.
(c) Regulations To Implement Section.— (1) In general.— The Federal Labor Relations Authority shall issue regulations to implement this section.
(2) Agency regulations.— Except as provided in subsection (d), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions referred to in subsection (a), except—
(A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or
(B) as the Authority may determine that a modification of such regulations is necessary to avoid a conflict of interest or appearance of a conflict of interest.
(d) Specific Regulations Regarding Applications to Certain Employing Offices.— (1) Regulations required.— The Authority shall issue regulations on the manner and the extent to which the requirements and exemptions of chapter 71 of title 5 should apply to covered employees who are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as the substantive regulations issued by the Authority under such chapter, except—
(A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) that the Authority shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Authority determines that such exclusion is required because of—
(i) a conflict of interest or appearance of a conflict of interest; or
(ii) the President’s or Vice President’s constitutional responsibilities.
(2) Offices referred to.— The offices referred to in paragraph (1) include—
(A) the White House Office;
(B) the Executive Residence at the White House;
(C) the Office of the Vice President;
(D) the Office of Policy Development;
(E) the Council of Economic Advisers;
(F) the National Security Council;
(G) the Office of Management and Budget; and
(H) the Office of National Drug Control Policy.
(e) Effective Date.— (1) In general.— Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of—
(A) the effective date of regulations issued under subsection (c); or
(B) October 1, 1998.
(2) Certain employing offices.— Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of employing offices, referred to in subsection (d)(2), on the earlier of—
(A) the effective date of regulations issued under subsection (d); or
(B) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4064.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSubsecs. (c) and (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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# 3 U.S.C. § 435 - Generally applicable remedies and limitations
## Text
(a) Attorney’s Fees.— If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 421, is a prevailing party in any proceeding under section 453(1), the administrative agency may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.
(b) Interest.— In any proceeding under section 453(1), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.
(c) Civil Penalties and Punitive Damages.— Except as otherwise provided in this chapter, no civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
(d) Exclusive Procedure.— (1) In general.— Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter and in sections 1296 and 1346(g) and chapter 179 of title 28.
(2) Veterans.— A covered employee under section 416 may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
(e) Scope of Remedy.— Only a covered employee who has undertaken and completed the procedures described in section 452 may be granted a remedy under part A of this subchapter.
(f) Construction.— (1) Definitions and exemptions.— Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
(2) Size limitations.— Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter.
(g) Political Affiliation.— It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4066.)
## Notes
Editorial Notes
References in TextSections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare. Section 2 of the Worker Adjustment and Retraining Notification Act, referred to in subsec. (f)(2), is classified to section 2101 of Title 29, Labor.
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# 3 U.S.C. § 451 - Procedure for consideration of alleged violations
## Text
The procedure for consideration of alleged violations of part A of subchapter II consists of—
(1) counseling and mediation as provided in section 452; and
(2) election, as provided in section 453, of either—
(A) an administrative proceeding as provided in section 453(1) and judicial review as provided in section 1296 of title 28; or
(B) a civil action in a district court of the United States as provided in section 1346(g) of title 28.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
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# 3 U.S.C. § 452 - Counseling and mediation
## Text
(a) In General.— The President, or the designee of the President, shall by regulation establish procedures substantially similar to those under sections 402 and 403 of the Congressional Accountability Act of 1995 for the counseling and mediation of alleged violations of a law made applicable under part A of subchapter II.
(b) Exhaustion Requirement.— A covered employee who has not exhausted counseling and mediation under subsection (a) shall be ineligible to make any election under section 453 or otherwise pursue any further form of relief under this subchapter.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
## Notes
Editorial Notes
References in TextSections 402 and 403 of the Congressional Accountability Act of 1995, referred to in subsec. (a), are classified to sections 1402 and 1403, respectively, of Title 2, The Congress.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1997, except that subsec. (a) of this section effective Oct. 26, 1996, see section 471 of this title.
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# 3 U.S.C. § 453 - Election of proceeding
## Text
Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either—
(1) file a complaint with the appropriate agency, as determined under section 454; or
(2) file a civil action under section 1346(g) of title 28.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
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# 3 U.S.C. § 454 - Appropriate agencies
## Text
(a) In General.— Except as provided in subsection (b), the appropriate agency under this section with respect to an alleged violation of part A of subchapter II shall be the Board. The complaint in an action involving such an alleged violation shall be processed under the procedures specified by the President, or the designee of the President, in such regulations as the President or designee may issue.
(b) Exceptions.— (1) Discrimination.— For purposes of any action arising under section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the appropriate agency shall be the Equal Employment Opportunity Commission, and the complaint in any such action shall be processed under the same administrative procedures as any such complaint filed by any employee in the executive branch of the Federal Government (other than a covered employee).
(2) Mixed cases.— In the case of any covered employee (within the meaning of section 411) who has been affected by an action which an employee of an executive agency may appeal to the Board and who alleges that a basis for the action was discrimination prohibited by section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the initial appropriate agency shall be the Board, and such matter shall thereafter be processed in accordance with section 7702(a)–(d) (disregarding paragraph (2) of such subsection (a)) and (f) of title 5.
(3) Judicial review.— Notwithstanding any other provision of law (including any provision of law referenced in paragraph (1) or (2)), judicial review of any administrative decision under this subsection shall be by appeal to the United States Court of Appeals for the Federal Circuit under section 1296 of title 28.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1997, except that subsec. (a) of this section effective Oct. 26, 1996, see section 471 of this title.
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# 3 U.S.C. § 455 - Effect of failure to issue regulations
## Text
In any proceeding under section 453(1), if the President, or the designee of the President, has not issued a regulation on a matter for which this chapter requires a regulation to be issued, the administrative agency shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.)
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# 3 U.S.C. § 456 - Confidentiality
## Text
(a) Counseling.— All counseling under section 452 shall be strictly confidential, except that, with the consent of the covered employee, the employing office may be notified.
(b) Mediation.— All mediation under section 452 shall be strictly confidential.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.)
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# 3 U.S.C. § 471 - Effective date
## Text
(a) In General.— Except as otherwise provided in this chapter, this chapter shall take effect on October 1, 1997.
(b) Regulations.— Sections 411(d), 412(c), 413(c), 414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) shall take effect on the date of enactment of this Act.11 See References in Text note below.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.)
## Notes
Editorial Notes
References in TextThe date of enactment of this Act, referred to in subsec. (b), probably means the date of enactment of Pub. L. 104–331, which enacted this chapter and was approved Oct. 26, 1996.
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# 3 U.S.C. § 201 - Repealed. July 16, 1951, ch. 226, § 5(a), 65 Stat. 122]
## Notes
Section, act June 25, 1948, ch. 644, 62 Stat. 680, related to protection of President and family. See section 3056 of Title 18, Crimes and Criminal Procedure.
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# 3 U.S.C. § 202 to 204 - Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255]
## Notes
Section 202, acts June 25, 1948, ch. 644, 62 Stat. 680; Pub. L. 87–481, § 1, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(2), (3), Mar. 19, 1970, 84 Stat. 74; Pub. L. 93–346, § 7, July 12, 1974, as added Pub. L. 93–552, title VI, § 609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–196, § 1(a), (b), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 95–570, § 5(d), Nov. 2, 1978, 92 Stat. 2451; Pub. L. 97–418, § 1(a), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–500, § 101(m) [title VI, § 622], Oct. 18, 1986, 100 Stat. 1783–308, 1783–333; Pub. L. 99–591, § 101(m) [title VI, § 622], Oct. 30, 1986, 100 Stat. 3341–308, 3341–333; Pub. L. 102–138, title I, § 135(b)(1)–(3), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 102–499, § 3(a), Oct. 24, 1992, 106 Stat. 3264; Pub. L. 107–296, title XVII, § 1703(a)(1), Nov. 25, 2002, 116 Stat. 2313, related to establishment, control, supervision, privileges, powers, and duties of United States Secret Service Uniformed Division.
Section 203, acts June 25, 1948, ch. 644, 62 Stat. 680; Aug. 15, 1950, ch. 715, § 2, 64 Stat. 448; June 28, 1952, ch. 481, 66 Stat. 283; Pub. L. 87–481, § 2, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(1), (4)–(6), Mar. 19, 1970, 84 Stat. 74, 75; Pub. L. 94–196, § 1(c), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30, 1996, 110 Stat. 3009–314, 3009–324, related to personnel, appointment, and vacancies in the United States Secret Service Uniformed Division.
Section 204, acts June 25, 1948, ch. 644, 62 Stat. 680; June 20, 1953, ch. 146, title IV, § 402, 67 Stat. 76; Pub. L. 85–584, title V, § 502(a), Aug. 1, 1958, 72 Stat. 485; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to grades, salaries, and transfers of appointees to the United States Secret Service Uniformed Division.
See section 3056A of Title 18, Crimes and Criminal Procedure.
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 3 U.S.C. § 205 - Repealed. Pub. L. 91–217, § 1(7), Mar. 19, 1970, 84 Stat. 75]
## Notes
Section, act June 25, 1948, ch. 644, 62 Stat. 680, provided for appointment of members of White House Police force in accordance with civil service laws.
legal/us/code/title-03/chapter-[ 3/section-206-to-209.md
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---
type: "LegalText"
title: "3 U.S.C. § 206 to 209"
description: "Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 3
title_name: "THE PRESIDENT"
chapter_number: "[ 3"
chapter_name: "REPEALED]"
section: "206 to 209"
citation: "3 U.S.C. § 206 to 209"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc03@119-100.zip"
source_identifier: "/us/usc/t3/s206...209"
source_file: "data/legal/raw/us/code/title-03/usc03.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 3 U.S.C. § 206 to 209 - Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255]
## Notes
Section 206, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(8), Mar. 19, 1970, 84 Stat. 75; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to privileges of civil-service appointees.
Section 207, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to participation in police and firemen’s relief fund.
Section 208, added Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109; amended Pub. L. 97–418, § 1(b), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–93, title I, § 126(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99–399, title IV, § 410, Aug. 27, 1986, 100 Stat. 866; Pub. L. 102–138, title I, § 135(a)(1), (2), (c), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 107–296, title XVII, § 1703(a)(2), Nov. 25, 2002, 116 Stat. 2313, related to reimbursement of State and local governments.
Section 209, acts June 25, 1948, ch. 644, 62 Stat. 681, § 208; renumbered § 209, Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109, related to authorization of appropriations to carry out provisions.
See section 3056A of Title 18, Crimes and Criminal Procedure.