USC-3 Title 3— THE PRESIDENT US

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National Park Service v. National Trust for Historic Preservation in the United States US-25-26A203 SCOTUS 2026-08-31 § 105(d)(1)
Watson v. Republican National Committee US-25-241260 SCOTUS 2026-06-29 § 1, § 2, § 21, § 21(1)
Trump v. United States 603 U.S. 593 SCOTUS 2024-07-01 § 15
Bostock v. Clayton County 590 U.S. 644 SCOTUS 2020-06-15 § 411(a)(1)
Keyes v. Bowen 189 Cal. App. 4th 647 Cal. Ct. App. 2010-10-25 § 15, § 8
Gomez-Perez v. Potter 553 U.S. 474 SCOTUS 2008-05-27 § 411(a)(2), § 417(a)

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United States v. Hatter 532 U.S. 557 SCOTUS 2001-05-21 § 102
Bush v. Gore 531 U.S. 98 SCOTUS 2000-12-12 § 1, § 15, § 5, § 6
Bush v. Palm Beach County Canvassing Board 531 U.S. 70 SCOTUS 2000-12-04 § 1, § 10, § 5
Bush v. Palm Beach County Canvassing Board 531 U.S. 1004 SCOTUS 2000-11-24 § 5
Foster v. Love 522 U.S. 67 SCOTUS 1997-12-02 § 1
Soon Duck Kim v. City of New York 90 N.Y.2d 1 N.Y. 1997-02-18 § 3
Islamic Republic of Iran v. Pahlavi 116 Misc. 2d 590 N.Y. Sup. Ct. 1982-11-12 § 301
Whitmier & Ferris Co. v. City of Buffalo 89 A.D.2d 447 N.Y. App. Div. 1982-11-09 § 301, § 302
Haig v. Agee 453 U.S. 280 SCOTUS 1981-06-29 § 301
Touche Ross & Co. v. Manufacturers Hanover Trust Co. 107 Misc. 2d 438 N.Y. Sup. Ct. 1980-10-29 § 301
Ray v. Blair 343 U.S. 214 SCOTUS 1952-04-03 § 8
In re the Estate of Kelly 174 Misc. 860 N.Y. Sur. Ct. 1940-06-11 § 10, § 9
People ex rel. Walsh v. Teller 169 Misc. 342 N.Y. Sup. Ct. 1938-09-15 § 2
Kress v. Village of Watkins Glen 267 N.Y. 184 N.Y. 1935-04-16 § 12
Herzog v. Stern 148 Misc. 25 N.Y. Sup. Ct. 1933-06-13 § 1, § 2
Meserole Securities Co. v. Cosman 226 A.D. 21 N.Y. App. Div. 1929-04-19 § 4
Bernstein v. Queens County Jockey Club 222 A.D. 191 N.Y. App. Div. 1927-12-23 § 1, § 2
People ex rel. Lemon v. Supreme Court 245 N.Y. 24 N.Y. 1927-03-29 § 21, § 22
Craig v. Commissioners of the Sinking Fund 208 A.D. 412 N.Y. App. Div. 1924-02-08 § 1, § 2
Hermitage Co. v. Goldfogle 204 A.D. 710 N.Y. App. Div. 1923-04-06 § 9
People ex rel. Town of Pelham v. Village of Pelham 215 N.Y. 374 N.Y. 1915-06-18 § 13
City of Newburgh v. Dickey 150 N.Y.S. 175 N.Y. App. Div. 1914-11-13 § 1
City of Newburgh v. Dickey 164 A.D. 791 N.Y. App. Div. 1914-11-13 § 1
Curtiss v. Teller 143 N.Y.S. 188 N.Y. App. Div. 1913-07-08 § 5, § 6, § 8
Curtiss v. Teller 157 A.D. 804 N.Y. App. Div. 1913-07-08 § 5, § 6
Reiner v. Galinger 151 A.D. 711 N.Y. App. Div. 1912-06-28 § 5
Marfisi v. Wilson & Co. 166 Misc. 881 Buffalo City Ct. 1911-02-23 § 8
City of Jamestown v. Home Telephone Co. 125 A.D. 1 N.Y. App. Div. 1908-03-04 § 9
Palmer v. Roods 116 A.D. 66 N.Y. App. Div. 1906-11-14 § 17
Wickham v. Roberts 112 A.D. 742 N.Y. App. Div. 1906-05-02 § 1
In re the Accounting of Tisdale 110 A.D. 857 N.Y. App. Div. 1906-01-08 § 14
In re the Judicial Settlement of the Account of Kellogg 110 A.D. 472 N.Y. App. Div. 1906-01-03 § 1
Harrison v. Village of New Brighton 110 A.D. 267 N.Y. App. Div. 1905-12-30 § 1
Harrison v. Village of New Brighton 97 N.Y.S. 246 N.Y. App. Div. 1905-12-30 § 1
People ex rel. Robinson v. Burns 94 N.Y.S. 196 N.Y. App. Div. 1905-06-09 § 20
City of Rochester v. Rochester Railway Co. 182 N.Y. 99 N.Y. 1905-06-06 § 8
Pratt Institute v. City of New York 91 N.Y.S. 136 N.Y. App. Div. 1904-12-15 § 8
Village of Canandaigua v. Hayes 85 N.Y.S. 488 N.Y. App. Div. 1904-01-05 § 3
Platt v. Albany Railway 170 N.Y. 115 N.Y. 1902-02-25 § 9
Murphy v. Village of Seneca Falls 67 N.Y.S. 1013 N.Y. App. Div. 1901-01-08 § 9
In re Hunter 163 N.Y. 542 N.Y. 1900-06-22 § 14
People ex rel. Percival v. Cram 64 N.Y.S. 158 N.Y. App. Div. 1900-04-14 § 2
Lindsay & Phelps Co. v. Mullen 176 U.S. 126 SCOTUS 1900-01-15 § 17
Hunt v. City of New York 62 N.Y.S. 184 N.Y. App. Div. 1900-01-09 § 12
People ex rel. Sweeney v. York 60 N.Y.S. 208 N.Y. App. Div. 1899-10-03 § 2
Delaware v. City of Buffalo 158 N.Y. 478 N.Y. 1899-04-18 § 19
Deady v. Village of Lyons 57 N.Y.S. 448 N.Y. App. Div. 1899-03-22 § 3
People ex rel. Schulz v. Board of Contract & Apportionment 56 N.Y.S. 334 N.Y. App. Div. 1899-03-08 § 8
People v. Fielding 55 N.Y.S. 530 N.Y. App. Div. 1899-01-17 § 1, § 11
Feeley v. Wurster 54 N.Y.S. 1060 N.Y. Sup. Ct. 1898-12-14 § 11
People ex rel. Tate v. Dalton 53 N.Y.S. 1060 N.Y. App. Div. 1898-10-25 § 2
People ex rel. Wohlfarth v. York 53 N.Y.S. 947 N.Y. App. Div. 1898-10-11 § 1
Chapman v. Lynch 156 N.Y. 551 N.Y. 1898-10-04 § 3
Palmer v. Benjamin 47 N.Y.S. 433 N.Y. App. Div. 1897-10-12 § 4
Pochel v. Read 46 N.Y.S. 775 N.Y. App. Div. 1897-07-30 § 1
People v. Jarvis 46 N.Y.S. 596 N.Y. App. Div. 1897-07-06 § 3
People v. Jarvis 12 N.Y. Crim. 333 N.Y. Sup. Ct. 1897-07-06 § 3
Goff v. Alexander 45 N.Y.S. 737 N.Y. Sup. Ct. 1897-06-16 § 4
In re Folts Street 46 N.Y.S. 43 N.Y. App. Div. 1897-06-12 § 3
People ex rel. Crummey v. Palmer 152 N.Y. 217 N.Y. 1897-03-09 § 12
Lyth v. Hingston 43 N.Y.S. 653 N.Y. App. Div. 1897-02-09 § 9
Spaulding v. Village of Waverly 44 N.Y.S. 112 N.Y. App. Div. 1897-01-15 § 10
People ex rel. Francis v. Cahill 39 N.Y.S. 372 N.Y. App. Div. 1896-05-21 § 9
People ex rel. Brown v. Sutton 39 N.Y.S. 492 N.Y. App. Div. 1896-04-28 § 2
Petterson v. Van Wart 36 N.Y.S. 1009 N.Y. App. Div. 1896-01-21 § 15, § 6
Petterson v. Van Wart 72 N.Y. St. Rep. 282 N.Y. App. Div. 1896-01-21 § 15, § 6
People ex rel. Drake v. Sutton 68 N.Y. St. Rep. 494 N.Y. Gen. Term 1895-06-14 § 2
People ex rel. Drake v. Sutton 34 N.Y.S. 487 N.Y. Gen. Term 1895-06-14 § 2
People ex rel. Noonan v. Corwin 29 N.Y.S. 1077 Brooklyn City Ct. 1894-05-24 § 1
People ex rel. Noonan v. Corwin 61 N.Y. St. Rep. 738 Brooklyn City Ct. 1894-05-24 § 1
Ford v. Livingston 140 N.Y. 162 N.Y. 1893-11-28 § 14
People ex rel. Copcutt v. Board of Health 54 N.Y. St. Rep. 317 N.Y. Gen. Term 1893-07-28 § 16
People ex rel. Copcutt v. Board of Health of Yonkers 24 N.Y.S. 629 N.Y. Gen. Term 1893-07-28 § 16
Collins v. Village of Saratoga Springs 24 N.Y.S. 234 N.Y. Gen. Term 1893-07-08 § 3
Collins v. Village of Saratoga Springs 53 N.Y. St. Rep. 832 N.Y. Gen. Term 1893-07-08 § 3
White v. Benjamin 138 N.Y. 623 N.Y. 1893-04-25 § 3
White v. Benjamin 52 N.Y. St. Rep. 151 N.Y. 1893-04-25 § 3
People ex rel. Schurz v. Cook 148 U.S. 397 SCOTUS 1893-04-03 § 8
Seymour v. Village of Salamanca 50 N.Y. St. Rep. 799 N.Y. 1893-02-28 § 4
Arthur v. Village of Glens Falls 48 N.Y. St. Rep. 887 N.Y. Gen. Term 1892-11-22 § 9
Arthur v. Village of Glens Falls 21 N.Y.S. 81 N.Y. Gen. Term 1892-11-22 § 9
Lake Shore & Michigan Southern R. R. v. City of Dunkirk 48 N.Y. St. Rep. 208 N.Y. Gen. Term 1892-10-21 § 2
Lake Shore & Michigan Southern Railroad v. City of Dunkirk 20 N.Y.S. 596 N.Y. Gen. Term 1892-10-21 § 2
Curry v. City of Buffalo 48 N.Y. St. Rep. 482 N.Y. 1892-10-11 § 7
People ex rel. Wooster v. Maher 19 N.Y.S. 758 N.Y. Gen. Term 1892-07-02 § 14, § 9
People ex rel. Wooster v. Maher 46 N.Y. St. Rep. 205 N.Y. Gen. Term 1892-07-02 § 9
City of Buffalo v. Chadeayne 45 N.Y. St. Rep. 765 N.Y. 1892-06-07 § 8
City of Buffalo v. Chadeayne 134 N.Y. 163 N.Y. 1892-06-07 § 8
People ex rel. A. Filkins Hose Co. v. Son 45 N.Y. St. Rep. 552 N.Y. Gen. Term 1892-06-01 § 3
Brunner v. Downs 43 N.Y. St. Rep. 824 N.Y. Gen. Term 1892-02-13 § 5, § 8
People ex rel. Caille v. Merrick 41 N.Y. St. Rep. 15 N.Y. Gen. Term 1891-11-21 § 2
Fowler v. Equitable Trust Co. 141 U.S. 384 SCOTUS 1891-10-26 § 5
Kramrath v. City of Albany 127 N.Y. 575 N.Y. 1891-10-06 § 15
Ogden v. Welden 40 N.Y. St. Rep. 235 N.Y. Gen. Term 1891-10-03 § 8
City of Schenectady v. Furman 39 N.Y. St. Rep. 975 N.Y. Gen. Term 1891-09-09 § 16
City of Schenectady v. Furman 15 N.Y.S. 724 N.Y. Gen. Term 1891-09-09 § 16
Hoffman v. Gundrum 15 N.Y.S. 98 N.Y. City Ct. 1891-06-19 § 4, § 5
Parmenter v. Fitzpatrick 14 N.Y.S. 748 N.Y. Gen. Term 1891-05-21 § 4
Parmenter v. Fitzpatrick 38 N.Y. St. Rep. 367 N.Y. Gen. Term 1891-05-21 § 4
Savage v. City of Buffalo 14 N.Y.S. 101 N.Y. Gen. Term 1891-04-16 § 1
Carr v. Johnson 36 N.Y. St. Rep. 783 N.Y. Gen. Term 1891-02-20 § 4, § 5
Jeaume v. New York, Lackawanna & Western R. Co. 35 N.Y. St. Rep. 674 N.Y. Super. Ct. 1891-02-02 § 19
Jeaume v. New York, Lackawanna & Western Railway Co. 13 N.Y.S. 249 N.Y. Super. Ct. 1891-02-02 § 19
Reining v. New York, Lackawanna & Western R. Co. 35 N.Y. St. Rep. 731 N.Y. Super. Ct. 1891-02-02 § 19
United States Mortgage Co. v. Sperry 138 U.S. 313 SCOTUS 1891-02-02 § 1, § 2
De Lacey v. City of Brooklyn 12 N.Y.S. 540 Brooklyn City Ct. 1891-01-27 § 12
Equitable Life Assurance Society of the United States v. Hughes 125 N.Y. 106 N.Y. 1890-12-16 § 20
Equitable Life Assurance Society v. Hughes 34 N.Y. St. Rep. 591 N.Y. 1890-12-16 § 20
People ex rel. New York Underground Railway Co. v. Newton 58 N.Y. Super. Ct. 439 N.Y. Super. Ct. 1890-12-01 § 8
Garside v. City of Cohoes 34 N.Y. St. Rep. 234 N.Y. Gen. Term 1890-11-28 § 9
Village of Ballston Spa. v. Markham 34 N.Y. St. Rep. 237 N.Y. Gen. Term 1890-11-28 § 3
Garside v. City of Cohoes 12 N.Y.S. 192 N.Y. Gen. Term 1890-11-26 § 9
Village of Ballston Spa v. Markham 11 N.Y.S. 826 N.Y. Gen. Term 1890-11-26 § 3
Higgins v. Vialage of Glens Falls 33 N.Y. St. Rep. 111 N.Y. Gen. Term 1890-09-25 § 3
Coonley v. City of Albany 10 N.Y.S. 512 N.Y. Gen. Term 1890-07-07 § 14
Wallace v. Nodine 32 N.Y. St. Rep. 657 N.Y. Gen. Term 1890-07-01 § 4
Curry v. City of Buffalo 10 N.Y.S. 392 N.Y. Gen. Term 1890-06-20 § 7
In re the Estate of Koch 31 N.Y. St. Rep. 963 N.Y. Sur. Ct. 1890-05-08 § 9
Ottenot v. N. Y., Lack. & West. R. Co. 28 N.Y. St. Rep. 483 N.Y. 1890-01-14 § 19
Ottenot v. New York, Lackawanna & Western Railway Co. 2 Silv. Ct. App. 469 N.Y. 1890-01-14 § 19
Hurley v. City of Brooklyn 8 N.Y.S. 98 Brooklyn City Ct. 1889-12-23 § 13
People ex rel. Lanzondoven v. Schirmer 27 N.Y. St. Rep. 592 N.Y. Gen. Term 1889-12-09 § 7
Scotland County v. Hill 132 U.S. 107 SCOTUS 1889-11-04 § 1
Syracuse Water Co. v. City of Syracuse 26 N.Y. St. Rep. 364 N.Y. 1889-10-08 § 7
Roderick v. Whitson 22 N.Y. St. Rep. 858 N.Y. Gen. Term 1889-02-11 § 3
Lyon v. Park 111 N.Y. 350 N.Y. 1888-11-27 § 1
Sullivan v. McCann 17 N.Y. St. Rep. 891 N.Y. Sup. Ct. 1888-08-13 § 14
People ex rel. Lynch v. Duffy 17 N.Y. St. Rep. 705 N.Y. Gen. Term 1888-06-25 § 18
Wuesthoff v. Germania Life Insurance 12 N.Y. St. Rep. 825 N.Y. 1888-01-17 § 1, § 2, § 3
People v. O'Brien 10 N.Y. St. Rep. 596 N.Y. Gen. Term 1887-09-20 § 1
People v. E. Remington & Sons 10 N.Y. St. Rep. 310 N.Y. Gen. Term 1887-07-01 § 1
People ex rel. Dorr v. Thacher 49 N.Y. Sup. Ct. 349 N.Y. Gen. Term 1886-12-13 § 14
Davis v. Crandall 1 N.Y. St. Rep. 64 N.Y. 1886-01-19 § 5
Crouse v. Frothingham 97 N.Y. 105 N.Y. 1884-10-21 § 5
Hosley v. City of Buffalo 93 N.Y. 662 N.Y. 1883-11-20 § 4
Fitzpatrick v. Slocum 89 N.Y. 358 N.Y. 1882-06-13 § 2
Sage v. City of Brooklyn 89 N.Y. 189 N.Y. 1882-05-30 § 15
Cronin v. People 82 N.Y. 318 N.Y. 1880-10-12 § 12
Park v. Park 80 N.Y. 156 N.Y. 1880-02-24 § 19
In re City of Buffalo 78 N.Y. 362 N.Y. 1879-10-14 § 2
Stall v. Wilbur 77 N.Y. 158 N.Y. 1879-04-25 § 16, § 6, § 7
Francis v. City of Troy 74 N.Y. 338 N.Y. 1878-09-17 § 1
People ex rel. Conliss v. North 72 N.Y. 124 N.Y. 1878-01-15 § 15
People ex rel. McCann v. Kilbourn 68 N.Y. 479 N.Y. 1877-02-20 § 10, § 3, § 4, § 5, § 7
People ex rel. Gillies v. Suffern 68 N.Y. 321 N.Y. 1877-01-30 § 13
Driscoll v. West, Bradley, & Cary Manufacturing Co. 36 N.Y. Super. Ct. 488 N.Y. Super. Ct. 1874-12-31 § 1
McCaffrey v. Hickey 66 Barb. 489 N.Y. Sup. Ct. 1873-01-07 § 5
Pitts v. Pitts 64 Barb. 482 N.Y. Sup. Ct. 1873-01-06 § 8
Marvin v. Pardee 64 Barb. 353 N.Y. Sup. Ct. 1872-05-20 § 15
Clarke v. Blackmar 47 N.Y. 150 N.Y. 1871-12-22 § 18
Hines v. City of Lockport 60 Barb. 378 N.Y. Sup. Ct. 1871-05-01 § 8
Board of Supervisors v. Budlong 51 Barb. 493 N.Y. Sup. Ct. 1868-09-07 § 4
People ex rel. Duff v. Booth 49 Barb. 31 N.Y. Sup. Ct. 1867-02-11 § 13, § 15, § 17
Towar v. Hale 46 Barb. 361 N.Y. Sup. Ct. 1866-09-03 § 9
Tappan v. Butler 20 N.Y. Super. Ct. 480 N.Y. Super. Ct. 1860-12-29 § 4
Onderdonk v. City of Brooklyn 31 Barb. 505 N.Y. Sup. Ct. 1860-05-14 § 1
Armatage v. Fisher 81 N.Y. Sup. Ct. 167 N.Y. Gen. Term § 7
Armitage v. Fisher 4 Misc. 315 N.Y. Sup. Ct. § 7
Armitage v. Fisher 24 N.Y.S. 650 N.Y. Sup. Ct. § 7
Arthur v. Village of Glens Falls 73 N.Y. Sup. Ct. 136 N.Y. Gen. Term § 9
Beards v. Wheeler 18 N.Y. Sup. Ct. 539 N.Y. Sup. Ct. § 1
Brown v. Town of Canton 4 Lans. 409 N.Y. Sup. Ct. § 1
Brunner v. Downs 17 N.Y.S. 633 N.Y. Gen. Term § 5, § 8
Campion v. City of Buffalo 8 N.Y. St. Rep. 329 N.Y. Super. Ct. § 8
Carr v. Johnson 12 N.Y.S. 799 N.Y. Gen. Term § 5
Cavin v. City of Brooklyn 24 Abb. N. Cas. 279 N.Y. § 7
City of Albany v. Watervliet Turnpike & Railroad 12 N.Y. St. Rep. 443 N.Y. Gen. Term § 14
City of Buffalo v. Ray 1 N.Y. St. Rep. 730 Buffalo Super. Ct. § 17, § 8
Collins v. Village of Saratoga Springs 77 N.Y. Sup. Ct. 583 N.Y. Gen. Term § 3, § 8
Curry v. City of Buffalo 64 N.Y. Sup. Ct. 25 N.Y. Sup. Ct. § 7
Cutting v. Damerel 30 N.Y. Sup. Ct. 339 N.Y. Gen. Term § 5
De Loge v. New York Central & Hudson River Railroad 99 N.Y. Sup. Ct. 149 N.Y. Gen. Term § 8
Deady v. Village of Lyons 39 A.D. 139 N.Y. App. Div. § 3
Delaware, Lackawanna & Western Railroad v. City of Oswego 92 A.D. 551 N.Y. App. Div. § 14
Diveny v. City of Elmira 51 N.Y. 506 N.Y. Comm'n App. § 11, § 4
Edison Electric Light Co. v. New Haven Electric Co. 21 Abb. N. Cas. 119 U.S.C. Ct. § 9
Fox v. Barton 24 A.D. 314 N.Y. App. Div. § 2
Frankenstein v. Cummisky 92 N.Y.S. 708 N.Y. Sup. Ct. § 4
Guidet v. Brown 3 Abb. N. Cas. 295 N.Y. Sup. Ct. § 12
Guidet v. Brown 54 How. Pr. 409 N.Y. Sup. Ct. § 12
H. B. Claflin Co. v. Arnheim 94 N.Y. Sup. Ct. 236 N.Y. Gen. Term § 5
Harris v. American Bible Society 2 Abb. Ct. App. 316 N.Y. § 1
Harris v. American Bible Society 4 Abb. Pr. 421 N.Y. § 1
Harris v. American Bible Society 4 Trans. App. 485 N.Y. § 1
Haskell v. Village of Penn Yan 5 Lans. 43 N.Y. Sup. Ct. § 8
Hennessy v. Connolly 20 N.Y. Sup. Ct. 173 N.Y. Gen. Term § 8
Higgins v. Village of Salamanca 6 N.Y. St. Rep. 119 N.Y. Gen. Term § 3
Hiller ex rel. Hiller v. Village of Sharon Springs 35 N.Y. Sup. Ct. 344 N.Y. Gen. Term § 3
Hines v. City of Lockport 5 Lans. 16 N.Y. Sup. Ct. § 8
Hines v. City of Lockport 41 How. Pr. 435 N.Y. Sup. Ct. § 8
Hull v. L'Eplattimer 49 How. Pr. 500 N.Y.C.P. § 1
In re Allen 2 Dem. Sur. 203 N.Y. Sur. Ct. § 11
In re Clark 27 N.Y. Sup. Ct. 551 N.Y. Gen. Term § 1
In re Dudley 53 N.Y.S. 703 Steuben Cty. Ct. § 1, § 2, § 4
In re Dudley 24 Misc. 278 Steuben Cty. Ct. § 2
In re Folts Street 18 A.D. 568 N.Y. App. Div. § 3
In re Freel 73 N.Y. St. Rep. 331 N.Y. Sup. Ct. § 11
In re Freel 38 N.Y.S. 143 N.Y. Sup. Ct. § 11
In re Proving the Last Will & Testament of Bogart 43 A.D. 582 N.Y. App. Div. § 19
Jones v. Fleming 44 N.Y. Sup. Ct. 227 N.Y. Gen. Term § 12
King v. Village of Randolph 28 A.D. 25 N.Y. App. Div. § 10, § 9
Lee v. Village of Greenwich 48 A.D. 391 N.Y. App. Div. § 9
Lord v. Equitable Life Assurance Society of the United States 109 A.D. 252 N.Y. App. Div. § 8
Lyle v. Smith 13 How. Pr. 104 N.Y. Sup. Ct. § 2, § 3, § 4
Lyth v. Hingston 14 A.D. 11 N.Y. App. Div. § 9
McIntee v. City of Middletown 80 A.D. 434 N.Y. App. Div. § 8
Miller v. Miller 25 N.Y. Sup. Ct. 507 N.Y. Sup. Ct. § 2, § 3
Murphy v. City of Buffalo 45 N.Y. Sup. Ct. 49 N.Y. Sup. Ct. § 7
Murphy v. Village of Seneca Falls 57 A.D. 438 N.Y. App. Div. § 9
New York Central & Hudson River Railroad v. Williams 64 Misc. 15 N.Y. Sup. Ct. § 8
New York Trust & Loan Co. v. Helmer 19 N.Y. Sup. Ct. 35 N.Y. Gen. Term § 4
New York, Lake Erie & Western Railroad v. City of Dunkirk 72 N.Y. Sup. Ct. 494 N.Y. Gen. Term § 2
North v. Cary 4 Thomp. & Cook 357 N.Y. Sup. Ct. § 21
Noyes v. Children's Aid Society 17 N.Y. Sup. Ct. 289 N.Y. Gen. Term § 104
Ogden v. Welden 15 N.Y.S. 790 N.Y. Gen. Term § 8
Ortner v. People 6 Thomp. & Cook 548 N.Y. Sup. Ct. § 7
Ortner v. People 11 N.Y. Sup. Ct. 323 N.Y. Sup. Ct. § 7
Parker v. City of Williamsburgh 13 How. Pr. 250 N.Y. Sup. Ct. § 18
People ex rel. A. Filkins Hose Co. No. 6 v. Son 71 N.Y. Sup. Ct. 321 N.Y. Gen. Term § 3
People ex rel. Carll v. York 53 A.D. 429 N.Y. App. Div. § 1
People ex rel. Clark v. Oliver 1 Thomp. & Cook 570 N.Y. Gen. Term § 11
People ex rel. Copcutt v. Board of Health of Yonkers 78 N.Y. Sup. Ct. 84 N.Y. Sup. Ct. § 16
People ex rel. Donahue v. French 19 N.Y. Sup. Ct. 254 N.Y. Gen. Term § 4
People ex rel. Dorr v. Thacher 3 N.Y. St. Rep. 710 N.Y. Gen. Term § 14
People ex rel. Drake v. Sutton 95 N.Y. Sup. Ct. 173 N.Y. Gen. Term § 2
People ex rel. Francis v. Cahill 5 A.D. 570 N.Y. App. Div. § 9
People ex rel. Gerst v. Davis 89 N.Y.S. 334 N.Y. Sup. Ct. § 9
People ex rel. Holmes v. Lane 53 A.D. 531 N.Y. App. Div. § 17
People ex rel. Lansing v. Tremain 16 N.Y. Sup. Ct. 573 N.Y. Gen. Term § 10
People ex rel. Lanzandoen v. Schirmer 62 N.Y. Sup. Ct. 160 N.Y. Gen. Term § 8
People ex rel. Lynch v. Duffy 56 N.Y. Sup. Ct. 276 N.Y. Gen. Term § 18
People ex rel. Percival v. Cram 50 A.D. 380 N.Y. App. Div. § 2
People ex rel. Roosevelt v. Board of Trustees 33 N.Y. Sup. Ct. 488 N.Y. Gen. Term § 1
People ex rel. Schulz v. Board of Contract & Apportionment 39 A.D. 30 N.Y. App. Div. § 8
People ex rel. Sweeney v. York 43 A.D. 444 N.Y. App. Div. § 2
People ex rel. Tate v. Dalton 34 A.D. 6 N.Y. App. Div. § 2
People ex rel. Todd v. New York, New Haven & Hartford Railroad 18 N.Y. Sup. Ct. 297 N.Y. Sup. Ct. § 1
People ex rel. Wooster v. Maher 71 N.Y. Sup. Ct. 408 N.Y. Gen. Term § 9
People ex rel. Wright v. Common Council 2 How. Pr. 61 N.Y. Sup. Ct. § 4
People ex rel. Wright v. Common Council of Buffalo 16 Abb. N. Cas. 96 N.Y. Sup. Ct. § 4
People v. City of Albany 11 N.Y. Sup. Ct. 675 N.Y. Sup. Ct. § 13
People v. Clews 4 Abb. N. Cas. 256 N.Y. Ct. Gen. Sess. § 6
People v. Cook 8 N.Y. 67 N.Y. § 21, § 22
People v. Fielding 36 A.D. 401 N.Y. App. Div. § 11
People v. Mattimore 52 N.Y. Sup. Ct. 448 N.Y. Gen. Term § 14
People v. Mattimore 10 N.Y. St. Rep. 133 N.Y. Gen. Term § 14
People v. Miller 3 N.Y. Crim. 475 N.Y. Sup. Ct. § 10, § 11, § 13, § 14, § 15, § 17, § 8
Pitts v. Pitts 44 How. Pr. 300 N.Y. Sup. Ct. § 8
Pratt Institute v. City of New York 99 A.D. 525 N.Y. App. Div. § 8
Pumpelly v. Village of Owego 45 How. Pr. 219 N.Y. § 3
Rexford Flats Bridge Co. v. Canal Board 96 Misc. 272 N.Y. Sup. Ct. § 8
Ripple v. Gilborn 8 How. Pr. 456 N.Y. Sup. Ct. § 5
Savage v. City of Buffalo 66 N.Y. Sup. Ct. 606 N.Y. Sup. Ct. § 1
Sherman v. Trustees of the Village 34 N.Y. Sup. Ct. 390 N.Y. Gen. Term § 13
Smith v. City of Buffalo 8 N.Y. St. Rep. 319 N.Y. Gen. Term § 8
Smyth v. International Life Assurance Co. of London 35 How. Pr. 126 N.Y.C.P. § 16, § 17, § 18, § 19, § 20
Spaulding v. Village of Waverly 12 A.D. 594 N.Y. App. Div. § 10
Squire v. Preston 89 N.Y. Sup. Ct. 88 N.Y. Sup. Ct. § 3
Story v. Furman 25 N.Y. 214 N.Y. § 6
Thompson v. Erie Railway Co. 11 Abb. Pr. 188 N.Y. Sup. Ct. § 1
Thompson v. Erie Railway Co. 42 How. Pr. 68 N.Y. Sup. Ct. § 1
Thomson v. Thomson 55 How. Pr. 494 N.Y. Sup. Ct. § 1
Tucker v. Gilman 52 N.Y. Sup. Ct. 193 N.Y. Gen. Term § 5
Village of Ballston Spa v. Markham 65 N.Y. Sup. Ct. 238 N.Y. Sup. Ct. § 3
Village of Canandaigua v. Hayes 90 A.D. 336 N.Y. App. Div. § 3
Walden v. City of Jamestown 79 A.D. 433 N.Y. App. Div. § 7
Wallace v. Nodine 64 N.Y. Sup. Ct. 239 N.Y. Sup. Ct. § 4, § 5
Warner & Ray v. Beers 23 Wend. 103 N.Y. § 1
Washburn v. Village of Mount Kisco 42 N.Y. Sup. Ct. 329 N.Y. Gen. Term § 1
Webber v. Common Council of the City of Lockport 43 How. Pr. 368 Niagara Cty. Ct. § 8
Wilson v. Baptist Education Society 10 Barb. 308 N.Y. Sup. Ct. § 3
Wittmer v. City of New York 50 A.D. 482 N.Y. App. Div. § 13, § 2
Worth v. Mumford 1 Hilt. 1 N.Y.C.P. § 21

Contents

Positive Law; Citation

This title has been made positive law by section 1 of act June 25, 1948, ch. 644, 62 Stat. 672, which provided in part that:

“Title 3 of the United States Code, entitled ‘The President’, is codified and enacted into positive law and may be cited as ‘3 U. S. C., § —.’ ”

Savings Clause

Section 2 of act June 25, 1948, provided that:

“The provisions of title 3, ‘The President’, set out in section 1 of this Act, shall be construed as a continuation of existing law and no loss of rights, interruption of jurisdiction, nor prejudice to matters pending on the effective date of this Act shall result from its enactment.”

Repeals

Section 3 of act June 25, 1948, provided that the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 3, and provided that any rights or liabilities now existing under the repealed sections or parts thereof shall not be affected by the repeal.

Prior Repeals

Former sections 21 and 22 relating to performance of presidential duties in absence of both the President and Vice President were repealed by act July 18, 1947, ch. 264, § 1(g), 61 Stat. 381.

Note

Table Showing Disposition of All Sections of Former Title 3

Title 3 Former Sections | Revised Statutes Statutes at Large | Title 3 New Sections

1 | R.S. § 131 | 1

2 | R.S. § 132 | 3

3 | R.S. § 133 | 4

4 | R.S. § 134 | 2

5 | Feb. 3, 1887, ch. 90, § 1 , 24 Stat. 373 | 7

5a | May 29, 1928, ch. 859, § 1 , 45 Stat. 945 | 7

June 5, 1934, ch. 390, § 6(a) , 48 Stat. 879

6 | Feb. 3, 1887, ch. 90, § 2 , 24 Stat. 373 | 5

7 | Feb. 3, 1887, ch. 90, § 3 , 24 Stat. 373 | 6

7a | May 29, 1928, ch. 859, § 2 , 45 Stat. 946 | 6

8 | R.S. § 137 | 8

9 | R.S. § 138 | 9

9a | May 29, 1928, ch. 859, § 3 , 45 Stat. 946 | 9

10 | R.S. § 139 | 10

11 | R.S. § 140 | 11

Oct. 19, 1888, ch. 1216, § 1 , 25 Stat. 613 .

11a | May 29, 1928, ch. 859, § 4 , 45 Stat. 946 | 11

11b | May 29, 1928, ch. 859, § 5 , 45 Stat. 946 | 12

June 5, 1934, ch. 390, § 6(b) , 48 Stat. 879 .

11c | May 29, 1928, ch. 859, § 6 , 45 Stat. 946 | 13

June 5, 1934, ch. 390, § 6(c) , 48 Stat. 879 .

12 | Oct. 19, 1888, ch. 1216, § 1 , 25 Stat. 613 | 11, 12

13 | R.S. § 141 | 13

Oct. 19, 1888, ch. 1216, § 2 , 25 Stat. 613 .

14 | R.S. § 143 | 11

15 | R.S. § 144 | 11

16 | R.S. § 145 | 14

17 | Feb. 3, 1887, ch. 90, § 4 , 24 Stat. 373 | 15

June 5, 1934, ch. 390, § 7 , 48 Stat. 879 .

18 | Feb. 3, 1887, ch. 90, § 5 , 24 Stat. 374 | 18

19 | Feb. 3, 1887, ch. 90, § 6 , 24 Stat. 375 | 17

20 | Feb. 3, 1887, ch. 90, § 7 , 24 Stat. 375 | 16

21 | Jan. 19, 1886, ch. 4, § 1 , 24 Stat. 1 | 19

22 | Jan. 19, 1886, ch. 4, § 2 , 24 Stat. 1 | 19

23 | R.S. § 151 | 20

24 | July 18, 1947, ch. 264, § 1 (a-f), 61 Stat. 380 , 381 | 19

July 26, 1947, ch. 343, § 311 , 61 Stat. 509 .

41 | R.S. § 152 | 101

June 5, 1934, ch. 390, § 1 , 48 Stat. 879 .

42 | R.S. § 153 | 102

Mar. 4, 1909, ch. 297, § 1 , 35 Stat. 859 .

43 | June 23, 1906, ch. 3523 , 34 Stat. 454 | 103

Aug. 2, 1946, ch. 744, § 17(c) , 60 Stat. 811 .

44 | R.S. § 154 | 104

Feb. 26, 1907, ch. 1635, § 4 , 34 Stat. 993 .

Mar. 4, 1925, ch. 549, § 4 , 43 Stat. 1301 .

Aug. 2, 1946, ch. 753, § 601(a) , 60 Stat. 850 .

45 | Apr. 22, 1926, ch. 171, § 1 , 44 Stat. 305 | 105

45a | Apr. 3, 1939, ch. 36, § 301 , 53 Stat. 565 | 106

46 | June 12, 1922, ch. 218 , 42 Stat. 636 | 107

Feb. 13, 1923, ch. 72 , 42 Stat. 1227 .

June 7, 1924, ch. 292, § 1 , 43 Stat. 521 .

Mar. 3, 1925, ch. 468, § 1 , 43 Stat. 1198 , 1199.

Apr. 22, 1926, ch. 171, § 1 , 44 Stat. 305 .

Feb. 11, 1927, ch. 104, § 1 , 44 Stat. 1069 .

May 16, 1928, ch. 580, § 1 , 45 Stat. 573 .

Feb. 20, 1929, ch. 270, § 1 , 45 Stat. 1230 .

Apr. 19, 1930, ch. 201, § 1 , 46 Stat. 229 .

Feb. 23, 1931, ch. 281, § 1 , 46 Stat. 1355 .

June 30, 1932, ch. 330, § 1 , 47 Stat. 452 .

June 16, 1933, ch. 101, § 1 , 48 Stat. 284 .

Mar. 28, 1934, ch. 102, § 1 , 48 Stat. 509 .

Feb. 2, 1935, ch. 3, § 1 , 49 Stat. 6 .

Mar. 19, 1936, ch. 156, § 1 , 49 Stat. 1148 .

June 28, 1937, ch. 396, § 1 , 50 Stat. 350 .

May 23, 1938, ch. 259, § 1 , 52 Stat. 411 .

Mar. 16, 1939, ch. 11, § 1 , 53 Stat 524.

Apr. 8, 1940, ch. 107, § 1 , 54 Stat. 112 .

Apr. 5, 1941, ch. 40, § 1 , 55 Stat. 93 .

June 27, 1942, ch. 450, § 1 , 56 Stat. 392 .

June 26, 1943, ch. 145, § 101 , 57 Stat. 169 .

June 27, 1944, ch. 286, § 101 , 58 Stat. 361 .

May 3, 1945, ch. 106, § 101 , 59 Stat. 106 .

Mar. 28, 1946, ch. 113, § 101 , 60 Stat. 61 .

47 | Mar. 4, 1911, ch. 285, § 1 , 36 Stat. 1404 | 108

48 | June 25, 1910, ch. 384, § 9 , 36 Stat. 773 | 109

49 | R.S. § 1829 | 110

Feb. 26, 1925, ch. 377 , §§ 1, 2, 43 Stat. 1091 .

50 | R.S. § 1832 | 109

51 | R.S. § 1833 | 109

52 | R.S. § 1834 | 109

53 | June 23, 1913, ch. 3, § 1 , 38 Stat. 23 | 201

54 | June 9, 1941, ch. 189 , 55 Stat. 247 | Elim.

61 | Sept. 14, 1922, ch. 308, § 1 , 42 Stat. 841 | 202

May 14, 1930, ch. 277, § 1 , 46 Stat. 328 .

62 | Sept. 14, 1922, ch. 308, § 2 , 42 Stat. 841 | 203

May 14, 1930, ch. 277, § 2 , 46 Stat. 328 .

May 28, 1935, ch. 154 , 49 Stat. 304 .

Apr. 22, 1940, ch. 133 , 54 Stat. 156 .

June 9, 1947, ch. 102 , 61 Stat. 132 .

62a | Oct. 9, 1942, ch. 582, § 1 , 56 Stat. 778 | 205

62b | Oct. 9, 1942, ch. 582, § 2 , 56 Stat. 778 | 206

63 | Sept. 14, 1922, ch. 308, § 3 , 42 Stat. 842 | 204

May 14, 1930, ch. 277, § 3 , 46 Stat. 328 .

64 | Sept. 14, 1922, ch. 308, § 4 , 42 Stat. 842 | 207

65 | Sept. 14, 1922, ch. 308, § 5 , 42 Stat. 842 | Rep.

66 | Sept. 14, 1922, ch. 308, § 6 , 42 Stat. 842 | Rep.

67 | Sept. 14, 1922, ch. 308, § 7 , 42 Stat. 843 | 208

May 14, 1930, ch. 277, § 4 , 46 Stat. 329 .

CHAPTER 1— PRESIDENTIAL ELECTIONS AND VACANCIES

§ 1 — Time of appointing electors Cited in 45 cases

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.

Short Title of 2022 Amendment

Pub. 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 Amendment

Pub. 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 Amendment

Pub. 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 Amendment

Pub. 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 Amendment

Pub. 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 Provisions

Time of choosing electors, see Const. Art. 2, § 1, cl. 3.

§ 2 — Repealed. Pub. L. 117–328, div. P, title I, § 102(a) , Dec. 29, 2022 , 136 Stat. 5233 ] Cited in 29 cases

[Repealed]

§ 3 — Number of electors Cited in 31 cases

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.

§ 4 — Vacancies in electoral college Cited in 22 cases

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.

§ 5 — Certificate of ascertainment of appointment of electors Cited in 21 cases

§ 5(a)

§ 5(a)(1)

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.

§ 5(a)(2)

Each certificate of ascertainment of appointment of electors shall—

§ 5(a)(2)(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;

§ 5(a)(2)(B)

bear the seal of the State; and

§ 5(a)(2)(C)

contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.

§ 5(b)

It shall be the duty of the executive of each State—

§ 5(b)(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

§ 5(b)(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.

§ 5(c)

For purposes of section 15:

§ 5(c)(1)

§ 5(c)(1)(A)

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.

§ 5(c)(1)(B)

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.

§ 5(c)(2)

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.

§ 5(d)

§ 5(d)(1)

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:

§ 5(d)(1)(A)

The venue for such action shall be the Federal district court of the Federal district in which the State capital is located.

§ 5(d)(1)(B)

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—

§ 5(d)(1)(B)(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

§ 5(d)(1)(B)(ii)

section 2284(b)(2) of such title shall not apply.

§ 5(d)(1)(C)

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.

§ 5(d)(1)(D)

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.

§ 5(d)(2)

This subsection—

§ 5(d)(2)(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

§ 5(d)(2)(B)

shall not be construed to preempt or displace any existing State or Federal cause of action.

§ 6 — Duties of Archivist Cited in 8 cases

The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall—

§ 6(1)

be preserved for one year;

§ 6(2)

be a part of the public records of such office; and

§ 6(3)

be open to public inspection.

Effective Date of 1984 Amendment

Amendment 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.

§ 7 — Meeting and vote of electors Cited in 15 cases

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.

§ 8 — Manner of voting Cited in 36 cases

The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.

§ 9 — Certificates of votes for President and Vice President Cited in 24 cases

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.

§ 10 — Sealing and endorsing certificates Cited in 8 cases

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.

§ 11 — Transmission of certificates by electors Cited in 9 cases

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:

§ 11(1)

One set shall be sent to the President of the Senate at the seat of government.

§ 11(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.

§ 11(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.

§ 11(4)

One set shall be sent to the judge of the district in which the electors shall have assembled.

Effective Date of 1984 Amendment

Amendment 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.

§ 12 — Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate Cited in 8 cases

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.

Effective Date of 1984 Amendment

Amendment 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.

§ 13 — Same; demand on district judge for certificate Cited in 8 cases

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.

Effective Date of 1984 Amendment

Amendment 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.

§ 14 — Repealed. Pub. L. 117–328, div. P, title I, § 108(c)(1) , Dec. 29, 2022 , 136 Stat. 5237 ] Cited in 13 cases

[Repealed]

§ 15 — Counting electoral votes in Congress Cited in 11 cases

§ 15(a)

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.

§ 15(b)

§ 15(b)(1)

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.

§ 15(b)(2)

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.

§ 15(c)

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.

§ 15(d)

§ 15(d)(1)

The President of the Senate shall—

§ 15(d)(1)(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

§ 15(d)(1)(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.

§ 15(d)(2)

§ 15(d)(2)(A)

Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any.

§ 15(d)(2)(B)

§ 15(d)(2)(B)(i)

No objection or other question arising in the matter shall be in order unless the objection or question—

§ 15(d)(2)(B)(i)(I)

is made in writing;

§ 15(d)(2)(B)(i)(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

§ 15(d)(2)(B)(i)(III)

in the case of an objection, states clearly and concisely, without argument, one of the grounds listed under clause (ii).

§ 15(d)(2)(B)(ii)

The only grounds for objections shall be as follows:

§ 15(d)(2)(B)(ii)(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).

§ 15(d)(2)(B)(ii)(II)

The vote of one or more electors has not been regularly given.

§ 15(d)(2)(C)

§ 15(d)(2)(C)(i)

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.

§ 15(d)(2)(C)(ii)

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.

§ 15(d)(2)(D)

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.

§ 15(e)

§ 15(e)(1)

§ 15(e)(1)(A)

Except as provided in subparagraph (B)—

§ 15(e)(1)(A)(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

§ 15(e)(1)(A)(ii)

no vote of an elector described in clause (i) which has been regularly given shall be rejected.

§ 15(e)(1)(B)

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—

§ 15(e)(1)(B)(i)

there is an objection which meets the requirements of subsection (d)(2)(B)(i); and

§ 15(e)(1)(B)(ii)

each House affirmatively sustains the objection as valid.

§ 15(e)(2)

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.

§ 15(e)(3)

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.

Counting of Electoral Votes

2013—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.”

§ 16 — Same; seats for officers and Members of two Houses in joint session Cited in 7 cases

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.

§ 17 — Same; limit of debate in each House Cited in 7 cases

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—

§ 17(1)

all such objections and questions permitted with respect to such State shall be considered at such time;

§ 17(2)

each Senator and Representative may speak to such objections or questions for up to five minutes, and not more than once;

§ 17(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

§ 17(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.

§ 18 — Same; parliamentary procedure at joint session Cited in 5 cases

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).

§ 19 — Vacancy in offices of both President and Vice President; officers eligible to act Cited in 9 cases

§ 19(a)

§ 19(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.

§ 19(a)(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.

§ 19(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.

§ 19(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—

§ 19(c)(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

§ 19(c)(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.

§ 19(d)

§ 19(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.

§ 19(d)(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.

§ 19(d)(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.

§ 19(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.

§ 19(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.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 16(a), formerly section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–174 effective upon expiration of first period of sixty calendar days following Sept. 9, 1965 or on earlier date specified by Executive order, see section 11(a) of Pub. L. 89–174 set out as an Effective Date note under section 3531 of Title 42, The Public Health and Welfare.

§ 20 — Resignation or refusal of office Cited in 4 cases

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.

Presidential Recordings and Materials Preservation Act

For protection and preservation of tape recordings of conversations involving former President Richard M. Nixon, see sections 101 to 106 of Pub. L. 93–526, set out as a note under section 2107 of Title 44, Public Printing and Documents.

§ 21 — Definitions Cited in 5 cases

As used in this chapter the term—

§ 21(1) Cited in 1 case

“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.

§ 21(2)

“State” includes the District of Columbia.

§ 21(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.

§ 22 — Severability Cited in 2 cases

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.

CHAPTER 2— OFFICE AND COMPENSATION OF PRESIDENT

Executive Office Personnel Background Investigations; Leaves of Absence

Pub. L. 103–329, title VI, § 632, Sept. 30, 1994, 108 Stat. 2425, provided that:

“(a) In General .— Hereafter, the employment of any individual within the Executive Office of the President shall be placed on leave without pay status if the individual— “(1) has not, within 30 days of commencing such employment or by October 31, 1994 (whichever occurs later), submitted a completed questionnaire for sensitive positions (SF–86) or equivalent form; or “(2) has not, within 6 months of commencing such employment or by October 31, 1994 (whichever occurs later), had his or her background investigation, if completed, forwarded by the counsel to the President to the United States Secret Service for issuance of the appropriate access pass. “(b) Exemption .— Subsection (a) shall not apply to any individual specifically exempted from such subsection by the President or his designee.”

[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.]

REORGANIZATION PLAN NO. 1 OF 1977 42 F.R. 56101, 91 Stat. 1633 , as amended by Pub. L. 97–195, § 1(c)(5) , June 16, 1982 , 96 Stat. 115

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 15, 1977,1 pursuant to the provisions of Chapter 9 of Title 5 of the United States Code.

EXECUTIVE OFFICE OF THE PRESIDENT

Section 1. Redesignation of Domestic Council Staff

The Domestic Council staff is hereby designated the Domestic Policy Staff and shall consist of such staff personnel as are determined by the President to be necessary to assure that the needs of the President for prompt and comprehensive advice are met with respect to matters of economic and domestic policy. The staff shall continue to be headed by an Executive Director who shall be an Assistant to the President, designated by the President, as provided in Section 203 of Reorganization Plan No. 2 of 1970 [set out in Title 5, Appendix]. The Executive Director shall perform such functions as the President may from time to time direct.

Sec. 2. Establishment of an Office of Administration

There is hereby established in the Executive Office of the President the Office of Administration which shall be headed by the President. There shall be a Director of the Office of Administration. The Director shall be appointed by the President and shall serve as chief administrative officer of the Office of Administration. The President is authorized to fix the compensation and duties of the Director.

The Office of Administration shall provide components of the Executive Office of the President with such administrative services as the President shall from time to time direct.

Sec. 3. Abolition of Components

The following components of the Executive Office of the President are hereby abolished:

A. The Domestic Council;

B. The Office of Drug Abuse Policy;

C. The Office of Telecommunications Policy; and

D. The Economic Opportunity Council.

Sec. 4. Appointment of the Assistant Secretary of Commerce for Communications and Information

There shall be in the Department of Commerce an Assistant Secretary for Communications and Information who shall be appointed by the President, by and with the advice and consent of the Senate. [As amended Pub. L. 97–195, § 1(c)(5), June 16, 1982, 96 Stat. 115.]

Sec. 5. Transfers of Functions

The following functions shall be transferred:

A. All functions vested in the Director of the Office of Science and Technology Policy and in the Office of Science and Technology Policy pursuant to sections 205(a)(2), 206 and 209 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (Public Law 94–282; 90 Stat. 459) [42 U.S.C. 6614(a)(2), 6615 and 6618], are hereby transferred to the Director of the National Science Foundation. The Intergovernmental Science, Engineering, and Technology Advisory Panel, the President’s Committee on Science and Technology, and the Federal Coordinating Council for Science, Engineering and Technology, established in accordance with the provisions of Titles II, III, IV of the National Science and Technology Policy, Organization, and Priorities Act of 1976 [42 U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.], are hereby abolished, and their functions transferred to the President.

B. Those functions of the Office of Telecommunications Policy and of its Director relating to:

(1) the preparation of Presidential telecommunications policy options including, but not limited to those related to the procurement and management of Federal telecommunications systems, national security, and emergency matters; and

(2) disposition of appeals from assignments of radio frequencies to stations of the United States Government;

are hereby transferred to the President who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. All other functions of the Office of Telecommunications Policy and of its Director are hereby transferred to the Secretary of Commerce who shall provide for the performance of such functions.

C. The functions of the Office of Drug Abuse Policy and its Director are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable.

D. The functions of the Domestic Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable.

E. Those functions of the Council on Environmental Quality and the Office of Environmental Quality relating to the evaluation provided for by Section 11 of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93–577, 88 Stat. 1878) [42 U.S.C. 5910], are hereby transferred to the Administrator of the Environmental Protection Agency.

F. Those functions of the Office of Management and Budget and its Director relating to the Committee Management Secretariat (Public Law 92–463, 86 Stat. 770, as amended by Public Law 94–409, 90 Stat. 1247) [see 5 U.S.C. 1006] are hereby transferred to the Administrator of General Services.

G. The functions of the Economic Opportunity Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable.

Sec. 6. Incidental Transfers

So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan.

Sec. 7. Effective Date

This Reorganization Plan shall become effective at such time or times on or before April 1, 1978, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code.

Message of the President

To the Congress of the United States:

I herewith transmit my plan for the Reorganization of the Executive Office of the President (EOP), Reorganization Plan No. 1 of 1977. This plan is the first of a series I intend to submit under the reorganization authority vested in me by the Reorganization Act of 1977 (Public Law 95–17) [5 U.S.C. 901–912]. It adheres to the purposes set forth in Section 901(a) of the Act [5 U.S.C. 901(a)].

This plan in conjunction with the other steps I am taking will:

Eliminate seven of the seventeen units now within the EOP and modify the rest. There were 19 units when I took office; the President’s Foreign Intelligence Advisory Board and the Economic Policy Board have already been abolished. Thus with this plan I will have eliminated nine of 19 EOP units.

Reduce EOP staffing by about 250 which includes the White House staff reduction of 134 or 28 percent which I have already ordered.

Improve efficiency by centralizing administrative functions; and

Improve the process by which information is provided for Presidential decisionmaking.

These recommendations arise from a careful, systematic study of the EOP. They are based on the premise that the EOP exists to serve the President and should be structured to meet his needs. They will reduce waste and cost while improving the service the President, and the nation, receive from the EOP.

The EOP now consists of the immediate White House Office, the Vice President’s Office, the Office of Management and Budget, and fourteen other agencies. The EOP has a budget authority of about $80,000,000 and 1,712 full time employees.

The White House Office concentrates on close personal support including policy and political advice and administrative and operational services. The Office of the Vice President provides similar support to him. OMB’s primary mission is to develop and implement the budget; it also carries out a number of management and reorganization activities.

Three EOP units have responsibility for policy development:

National Security Council.

Domestic Council.

Council on International Economic Policy.

The other 11 are more specialized offices that offer analysis and advice, help develop policy in certain areas, or carry out special projects. These are:

Council of Economic Advisers.

Council on Wage and Price Stability.

Office of the Special Representative for Trade Negotiations.

Council on Environmental Quality.

Office of Science and Technology Policy.

Office of Drug Abuse Policy.

Office of Telecommunications Policy.

Intelligence Oversight Board.

Federal Property Council.

Energy Resources Council.

Economic Opportunity Council.

To make the EOP more effective, four steps are necessary:

I. Strengthen management of policy issues.

II. Limit the EOP, wherever possible, to functions directly related to the President’s work.

III. Centralize administrative services.

IV. Reduce size of White House and EOP staffs.

i. strengthen process management of policy issues

Perhaps the most important function of the President’s staff is to make sure he has the wide variety of views and facts he needs to make decisions. By building a more orderly system for collecting information and advice, the President can make sure that he will hear all the views he should—and hear them in time. To better insure that this happens, I am taking the following actions to:

Institute for domestic and economic issues, a system similar to the Presidential Review Memorandum process currently used for National Security issues.

Create a committee of Presidential advisers, chaired by the Vice President, to set priorities among issues and oversee their staffing.

Assure that Presidential decision memoranda on policy issues are coordinated with Cabinet and EOP advisers most involved with the issue.

Consolidate under the Staff Secretary the two current White House paper circulation systems.

Appoint a group of advisers to review the decisionmaking process periodically.

Give the Assistant to the President for Domestic Affairs and Policy clear responsibility for managing the way in which domestic and most economic policy issues are prepared for Presidential decision.

Assign follow-up responsibility for Presidential decisions as follows: immediate follow-up will be handled by the NSC or Domestic Policy Staff most directly involved in the issue; long term follow-up on selected issues will be handled by the Assistant to the President for Intergovernmental Relations.

These actions recognize that the White House and Executive Office staff must use their proximity to the President to insure that the full resources of the government and the public are brought to bear on Presidential decisions in a timely fashion. It is my purpose in instituting these changes to strengthen Cabinet participation in Presidential decisions.

ii. rationalize eop structure by limiting eop, wherever possible, to functions which bear a close relationship to the work of the president

As the President’s principal staff institution, there are several major things the EOP must do:

Provide day-to-day operational support (e.g., scheduling, appointments) and help the President communicate with the public, the Congress, and the press.

Manage the budget and coordinate Administration positions on matters before the Congress.

Manage the Presidential decisionmaking processes efficiently and fairly, and bring the President the widest possible range of opinions.

Help the President: plan and set priorities; monitor and evaluate progress toward achieving the President’s objectives; understand and resolve major conflicts among line subordinates; manage crises, especially in national security matters.

In order to restructure the EOP around these basic functions, the functions of seven units should be discontinued or transferred, and ten units, including the White House Office, should be retained but modified.

Seven units should be discontinued or their functions transferred. These are:

1. Office of Drug Abuse Policy.

2. Office of Telecommunications Policy.

3. Council on International Economic Policy.

4. Federal Property Council.

5. Energy Resources Council.

6. Economic Opportunity Council.

7. Domestic Council.

The functions of the Office of Drug Abuse Policy (ODAP) can be performed by a smaller staff reporting to a Presidential adviser in the EOP. The Office itself will be discontinued.

Much of the work done by the Office of Telecommunications Policy (OTP) can be more effectively performed outside the EOP. It is important that the EOP have the capacity to resolve differences and that the President have immediate advice on telecommunications and information policy, especially on national security, emergency preparedness and privacy issues. This only requires a small staff within EOP. The Office of Management and Budget would take responsibility for Federal telecommunications procurement and management policy and arbitration of interagency disputes about frequency allocation. All other functions except developing Presidential policy options would be transferred to a new office within the Department of Commerce, headed by a new Assistant Secretary for Communications and Information, who will perform many of the functions previously performed by the head of the OTP.

I propose that the Economic Opportunity Council be discontinued; it is dormant and its only active function (preparation of the Catalogue of Federal Domestic Assistance) is being performed by OMB. Three other units are also inactive and should be discontinued: Council on International Economic Policy, the Federal Property Council, and the Energy Resources Council.

The Domestic Council should be abolished. It has rarely functioned as a Council, because it is too large and its membership too diverse to make decisions efficiently. Its functions have been performed entirely by its staff. This Domestic Policy Staff should report to the Assistant to the President for Domestic Affairs and Policy. Under the policy process system described earlier, they should manage the process which coordinates the making of domestic and most economic policy. They should work closely with the Cabinet departments and agencies to insure that the views of the Cabinet and agency heads are brought to the President before decisions are made.

The ten EOP units which will continue with some modification are:

1. White House Office.

2. Office of the Vice President.

3. Office of Management and Budget.

4. Council on Environmental Quality.

5. Council of Economic Advisers.

6. Office of Science and Technology Policy.

7. Office of the Special Representative for Trade Negotiations.

8. National Security Council.

9. Intelligence Oversight Board.

10. Council on Wage and Price Stability.

The operations of the Office of the Vice President reflect the combination of constitutional, statutory, and Presidentially assigned duties that make it unique among EOP units. Because his interests and assignments cover the same range as the President’s, the Vice President requires a staff with expertise in diverse areas. Its basic functions should not be changed. However, I propose that certain support functions—involving accounting, personnel services, and supply—be transferred to a centralized EOP Administrative Unit.

The Office of Management and Budget would remain as a separate entity in the EOP, but some functional changes should be made. Four functions should be transferred from OMB to other parts of the government:

Administration to the new EOP Central Administrative Unit;

Executive Department/Labor Relations (except for Pay Agent, Executive Level Pools, and Legislative Analysis) to the Civil Service Commission;

Advisory Committee Management Secretariat to the General Services Administration;

Statistical Policy (except Forms Clearance) to the Department of Commerce.

I have asked the OMB to reorganize its management arm to emphasize major Presidential initiatives, such as reorganization, program evaluation, paperwork reduction, and regulatory reform.

The Council on Environmental Quality (CEQ) should remain in the EOP as an environmental adviser to the President. The CEQ’s major purpose is to provide an independent assessment of our policies for improving the environment. Toward this end, it will analyze long term trends and conditions in the environment. It will advise OMB on the reorganization of natural resources functions within the Federal government. The Council will retain the functions it now has under NEPA and Executive Order No. 11514 with the exception of routine review of the adequacy of impact statements and the administrative aspects of their receipt and handling. The EPA will take over CEQ’s evaluation responsibility under the Federal Nonnuclear Energy Research Development Act of 1974 [section 5901 et seq. of Title 42, The Public Health and Welfare]. The CEQ will continue to review and publish the Annual Report on Environmental Quality.

The strength of the Council of Economic Advisers (CEQ) lies in its economic analysis of current policy choices. It also presents objective economic data, makes macroeconomic forecasts, and analyzes economic trends and their impact on the national economy. It will continue with a small reduction in staff.

The Office of Science and Technology Policy (OSTP) should retain those science, engineering, and technology functions which can be so useful in helping the President and his advisers make decisions about policy and budget issues. Instead of the Intergovernmental Science, Engineering, and Technology Advisory Panels, the President should rely on an intergovernmental relations working group, chaired by the Science Adviser. The Federal Coordinating Council on Science and Technology should operate as a sub-Cabinet working group chaired by the Science Adviser. The reorganization work of the President’s Committee on Science and Technology would be part of the overall reorganization effort. The responsibility for preparing certain reports should be transferred to the National Science Foundation.

The proposal places manageable limits on OSTP’s broad mandate while emphasizing functions that support the President.

The Office of the Special Representative for Trade Negotiations (STR) is now operating effectively and will be retained essentially as is. With the difficult negotiations now underway in Geneva, the benefits of transferring the STR to another agency are outweighed by the potential reduction in its effectiveness as an international negotiator.

The National Security Council (NSC) will be retained in its present form and its staff slightly reduced.

Intelligence Oversight Board (IOB) should be retained to insure that abuses of the past are not repeated and to emphasize Presidential concerns regarding intelligence issues.

The Council of Wage and Price Stability (COWPS) is a necessary weapon in the continuing fight against inflation and will be retained. To be sure that its work is closely coordinated with the economic analyses performed by the Council of Economic Advisers (CEA), COWPS should be directed by the Chairman of CEA.

iii. centralize administrative functions

About 380 (22 percent) of the full-time, permanent EOP personnel perform administrative support services in EOP units. Most EOP units besides the White House and OMB are too small to provide a full complement of administrative services. They depend on the White House, OMB, GSA, other federal departments, or several of these sources for many of these services. This approach is inefficient; the quality is uneven and the coordination poor. Some services are duplicated, others inconsistently distributed (excess capacity in some units and deficiencies in others), and most too costly.

I propose to combine administrative support operations into a Central Administrative Unit in EOP to provide support in administrative services common to all EOP entities. It should be a separate EOP entity because of the need to assure equal access by all other units.

This consolidation will result in:

Saving of roughly 40 positions and about $1.1 million, improved and more innovative services.

A focus for monitoring the efficiency and responsibility of administrative services.

A base for an effective EOP budget/planning system through which the President can manage an integrated EOP rather than a collection of disparate units.

The EOP has never before been organized as a single, unified entity serving the President. It is only by viewing it as a whole that we can improve efficiency through steps like the Central Administrative Unit.

iv. reduce the size of white house and eop staffs

I am reducing the White House staff by 28 percent, from the 485 I inherited from my predecessor to 351. This involves cuts in my policy and administrative staffs as well as transfers to the Central Administrative Unit.

I estimate that this plan and the other steps I am taking will reduce staff levels in the EOP by about 250, from 1,712 full-time permanent positions to about 1,460 and will save the taxpayers at least $6 million.

As in the rest of the government, I will be reluctant to add staff unless necessary to help me do my job better.

I ask that you support me in improving the operations of the Executive Office of the President by approving the attached reorganization plan.

In summary this plan would:

Abolish the Domestic Council and establish a Domestic Policy Staff.

Establish within the EOP a Central Administrative Unit.

Transfer certain functions of the Council on Environmental Quality to the President for redelegation.

Abolish the Office of Drug Abuse Policy and vest functions in the President for redelegation.

Abolish the Office of Telecommunications Policy and transfer functions to the Department of Commerce and to the President for redelegation.

Create an Assistant Secretary of Commerce for Communications and Information.

Vest some Office of Science and Technology Policy functions in the President for redelegation.

Abolish the Economic Opportunity Council and vest those functions in the President for redelegation.

Transfer the Committee Management Secretariat function of the Office of Management and Budget to the President for redelegation.

Make other incidental transfers attendant to those mentioned above.

Each of the changes set forth in the plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have taken care to determine that all functions abolished by the plan are done so only under statutory authority provided by Section 903(b) of Title 5 of the United States Code. The provisions in the plan for the appointment and pay of any head or officer of any agency have been found by me to be necessary.

As we continue our studies of other parts of the Executive Branch, we will find more ways to improve services in the EOP and elsewhere. This plan is only a beginning, but I am confident that it represents a major step toward a more efficient government that will serve the needs of the people and the President well.

Jimmy Carter.

The White House, July 15, 1977.

Abolition of Office of Telecommunications Policy

For effective date of the abolition of the Office of Telecommunications Policy and its transfer of functions, implementing Reorg. Plan No. 1 of 1977, set out above, see Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of Title 47, Telecommunications.

Extension of Term of President’s Advisory Council on Faith-Based and Neighborhood Partnerships

Ex. Ord. No. 13640, Apr. 5, 2013, 78 F.R. 21211, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], it is hereby ordered as follows:

Section 1. Continuing the President’s Advisory Council on Faith-Based and Neighborhood Partnerships. The President’s Advisory Council on Faith-Based and Neighborhood Partnerships, as set forth under the provisions of Executive Order 13498 of February 5, 2009 [formerly set out as a note above], and reestablished by section 5 of Executive Order 13569 of April 5, 2011 [set out as a note above], is hereby extended and shall terminate 2 years from the date of this order unless further extended by the President.

Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(1) the authority granted by law to an executive department, agency, or the head thereof; or

(2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.

Additional Extensions of Term of President’s Advisory Council on Faith-Based and Neighborhood Partnerships

Term of President’s Advisory Council on Faith-Based and Neighborhood Partnerships extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extension of term of President’s Advisory Council on Faith-Based and Neighborhood Partnerships was contained in the following prior Executive Order:

Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.

White House Task Force on Middle-Class Working Families

Memorandum of President of the United States, Jan. 30, 2009, 74 F.R. 5979, provided:

Memorandum for the Heads of Executive Departments and Agencies

For many years, middle-class Americans have been working harder, yet not enjoying their fair share of the fruits of a growing economy. While the productivity of the American workforce grew during the decade ending in 2007, middle-income workers saw their real incomes fall. The current economic situation has exacerbated the challenges facing middle-class Americans, with health care coverage, safe and steady employment opportunities, effective and affordable education, owning a home, and saving for retirement slipping out of reach. It is a high priority of my Administration to achieve a secure future for middle-class working families, one in which they share in prosperous times and are cushioned during hard times. To these ends, I hereby direct the following:

Section 1. White House Task Force on Middle-Class Working Families. There is established within the Office of the Vice President, a White House Task Force on Middle-Class Working Families (Task Force) to focus on raising the living standards of middle-class working families in the United States of America. The Vice President shall serve as Chair of the Task Force.

(a) Membership of the Task Force. In addition to the Vice President, the Task Force shall consist exclusively of the heads of the executive branch departments, agencies, and offices listed below:

(1) the Department of Commerce;

(2) the Department of Labor;

(3) the Department of Health and Human Services;

(4) the Department of Education;

(5) the Office of Management and Budget;

(6) the National Economic Council;

(7) the Domestic Policy Council;

(8) the Council of Economic Advisers; and

(9) such other executive branch departments, agencies, or offices as the President may designate.

A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is a part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. At the direction of the Chair, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this section, as appropriate.

(b) Administration of the Task Force. The Department of Labor shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. The Vice President shall designate an Executive Director of the Task Force, who shall coordinate the work of the Task Force.

Sec. 2. Mission and Functions of the Task Force. The Task Force shall work with a wide array of executive departments and agencies that have responsibility for key issues facing middle-class working families, expedite administrative reforms, propose Executive Orders, and develop legislative and policy proposals that can be of special importance to middle-class working families. The functions of the Task Force are advisory only and shall include, but shall not be limited to, producing a detailed set of recommendations to:

(a) expand education and lifelong training opportunities;

(b) improve work and family balance;

(d) protect the incomes of middle-class working families; and

(e) protect retirement security.

Sec. 3. Outreach. Consistent with the objectives set out in section 2 of this memorandum, the Task Force, in accordance with applicable law, in addition to regular meetings, shall conduct outreach with representatives of labor, business, nonprofit organizations, State and local government agencies, and other interested persons that will assist with the Task Force’s development of a detailed set of recommendations.

Sec. 4. Transparency and Reports. The Task Force shall facilitate the posting on the Internet of submissions by outside parties and engage in an open, two-way dialogue with the American people. The Task Force shall present to the President annual reports, beginning 1 year from the date of this memorandum, on its findings and recommendations, which shall be made available to the public and posted on the Internet.

Sec. 5. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each executive department and agency shall bear its own expense for participating in the Task Force.

(b) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) authority granted by law to an executive department, agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Sec. 6. Publication. The Secretary of Labor is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

§ 101 — Commencement of term of office

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.

Short Title of 2000 Amendment

Pub. 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 Building

Pub. 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 Space

Act 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.

§ 102 — Compensation of the President Cited in 1 case

The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31 , United States Code. No amount of such expense allowance shall be included in the gross income of the President. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House.

Effective Date of 1999 Amendment

Pub. L. 106–58, title VI, § 644(b), Sept. 29, 1999, 113 Stat. 478, provided that:

“The amendment made by this section [amending this section] shall take effect at noon on January 20, 2001 .”

Effective Date of 1978 Amendment

Pub. L. 95–570, § 6(a), Nov. 2, 1978, 92 Stat. 2451, provided that:

“The amendments made by this Act [enacting sections 107, 108, 112, 113, and 114 of this title, amending sections 102, 103, 105, 106, 109, 110, and 202 of this title, repealing section 107 of this title , and enacting provisions set out as a note under section 107 of this title ] shall apply to any fiscal year which begins on or after October 1, 1978 .”

Effective Date of 1969 Amendment

Pub. L. 91–1, § 2, Jan. 17, 1969, 83 Stat. 3, provided that:

“The amendment made by this Act [amending this section] shall take effect at noon on January 20, 1969 .”

Effective Date of 1951 Amendment

Act Oct. 20, 1951, ch. 521, title VI, § 619(e), 65 Stat. 570, provided that:

“The amendments made by subsections (a) and (b) of this section [amending this section and section 111 of this title ] shall become effective at noon on January 20, 1953 , and the amendments made by subsections (c) and (d) [amending sections 31a and 5121 of Title 2, The Congress] shall become effective at noon on January 3, 1953 .”

Effective Date of 1949 Amendment

Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act.

Authorization of Transition Activities by the Incumbent Administration

Pub. L. 111–283, § 3, Oct. 15, 2010, 124 Stat. 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. L. 114–136, § 2(c)(1), Mar. 18, 2016, 130 Stat. 305.

Disclosure of In-Kind Contributions to 1988–1989 Transition

Pub. L. 100–398, § 5, Aug. 17, 1988, 102 Stat. 987, provided that:

“(a) Disclosure as Condition of Receipt of Funds .— The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the Presidential Transition Act of 1963 [ Pub. L. 88–277 ] ( 3 U.S.C. 102 note) shall provide an estimate to the Administrator of General Services of the aggregate value of in-kind contributions made during the period beginning on November 9, 1988 , through January 20, 1989 , received for transition activities for— “(1) transportation; “(2) hotel and other accommodations; “(3) suitable office space; and “(4) furniture, furnishings, office machines and equipment, and office supplies. “(b) Form and Availability of Estimates .— The estimates made under subsection (a) shall be— “(1) in the form of a report to the Administrator of General Services within 90 days after January 20, 1989 ; and “(2) made available to the public by the Administrator upon receipt by the Administrator.”

Presidential Transition Act of 1963

Pub. L. 88–277, Mar. 7, 1964, 78 Stat. 153, as amended by Pub. L. 94–499, §§ 1, 2, Oct. 14, 1976, 90 Stat. 2380; Pub. L. 100–398, §§ 2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985, 986; Pub. L. 106–293, § 2, Oct. 12, 2000, 114 Stat. 1035; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–458, title VII, § 7601(a), Dec. 17, 2004, 118 Stat. 3856; Pub. L. 111–283, § 2(a), (b), (d), Oct. 15, 2010, 124 Stat. 3045, 3047, 3048; Pub. L. 114–136, § 2(a), (b), (c)(2), Mar. 18, 2016, 130 Stat. 301, 304, 305; Pub. L. 116–121, § 2, Mar. 3, 2020, 134 Stat. 138; Pub. L. 117–328, div. P, title II, § 202, Dec. 29, 2022, 136 Stat. 5241, provided:

“That this Act may be cited as the ‘Presidential Transition Act of 1963.’ “purpose of this act “Sec. 2. The Congress declares it to be the purpose of this Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President. The national interest requires that such transitions in the office of President be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people. Accordingly, it is the intent of the Congress that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this Act directed toward that purpose, it is the intent of the Congress that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President. “services and facilities authorized to be provided to apparent successful candidates “Sec. 3. (a) The Administrator of General Services, referred to hereafter in this Act as ‘the Administrator,’ is authorized to provide, upon request, to each apparent successful candidate for the office of President and Vice President (as determined by subsection (c)), and, for up to 60 days after the date of the inauguration of each such candidate, each President and Vice President, for use in connection with the preparations for the assumption of official duties as President or Vice President necessary services and facilities, including the following: “(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the apparent successful candidate, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the apparent successful candidate shall designate. “(2) Payment of the compensation of members of office staffs designated by the apparent successful candidate at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of title 5], for grade GS–18: Provided , That any employee of any agency of any branch of the Government, or an employee of a committee of either House of Congress, a joint committee of the Congress, or an individual Member of Congress, may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency, or in the case of an employee in a position in the legislative branch, with the consent of the supervising Member of Congress; and while so detailed such employee shall be responsible only to the apparent successful candidate for the performance of his duties: Provided further , That any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the Federal Government except for purposes of the Civil Service Retirement Act [section 8301 et seq. of title 5], the Federal Employees’ Compensation Act [section 8501 et seq. of title 5], the Federal Employees’ Group Life Insurance Act of 1954 [section 8701 et seq. of title 5], and the Federal Employees Health Benefits Act of 1959 [section 8901 et seq. of title 5]. “(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the apparent successful candidate, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended ( 5 U.S.C. 55a ) [ section 3109 of title 5 ]. “(4) (A) Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the apparent successful candidate, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended ( 5 U.S.C. 73b–2 ) [ section 5703 of title 5 ], as may be appropriate; “(B) When requested by the apparent successful candidate or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the apparent successful candidate or their designee, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or others occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 7 of this Act. “(5) Communications services found necessary by the apparent successful candidate. “(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895 , and the Act of March 1, 1919 , as amended ( 44 U.S.C. 111 ) [ section 501 of title 44 ]. “(7) Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection (d) of this section. “(8) (A) (i) Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance. “(ii) Activities under this paragraph may include interchange between such appointees and individuals who— “(I) held similar leadership roles in prior administrations; “(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or “(III) are relevant staff from the Government Accountability Office. “(iii) Activities under this paragraph may include training or orientation in records management to comply with section 2203 of title 44 , United States Code, including training on the separation of Presidential records and personal records to comply with subsection (b) of that section. “(iv) Activities under this paragraph may include training or orientation in human resources management and performance-based management. “(v) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the apparent successful candidate for the office of President as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. “(B) Activities under this paragraph shall be conducted primarily for individuals the apparent successful candidate for the office of President or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies (as defined in section 105 of title 5 , United States Code). “(9) (A) Notwithstanding subsection (b), development of a transition directory by the Administrator of General Services Administration, in consultation with the Archivist of the United States (head of the National Archives and Records Administration) for activities conducted under paragraph (8). “(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. “(10) Notwithstanding subsection (b), consultation by the Administrator with any apparent successful candidate or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the apparent successful candidates. “(b) The Administrator shall expend funds for the provision of services and facilities under this section— “(1) in connection with any obligation incurred by the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President incurred by the President or Vice President, during the period— “(A) beginning on the day after the date of the general elections held to determine the electors of the President and Vice President under section 1 or 2 of title 3, United States Code; and “(B) ending on the date that is 60 days after the date of such inauguration; and “(2) without regard to whether the apparent successful candidate, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period. “(c) (1) Apparent Successful Candidates.— “(A) In general .— For purposes of this Act, the ‘apparent successful candidate’ for the office of President and Vice President, respectively, shall be determined as follows: “(i) If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office. “(ii) If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv). “(iii) If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv). “(iv) If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office. “(B) Interim discretionary qualifications .— On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors: “(i) The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain. “(ii) The certified results of the election for such office in States in which the certification is complete. “(iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances. “(C) Mandatory qualifications.— “(i) In general .— Notwithstanding subparagraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to subparagraph (A)(iv) for purposes of this Act if— “(I) the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office; “(II) in the case where subclause (I) is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under section 7 of title 3 , United States Code; or “(III) in the case where neither subclause (I) or (II) is met, the candidate is declared as the person elected to such office at the joint session of Congress under section 15 of title 3 , United States Code. “(ii) Clarification if state unable to certify election results or appoints more than one slate of electors .— For purposes of subclauses (I) and (II) of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of electors, the votes of the electors of such State shall not count towards meeting the qualifications under such subclauses. “(2) Period of Multiple Possible Apparent Successful Candidates .— During any period in which there is more than one possible apparent successful candidate for the office of President— “(A) the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act; “(B) the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act; “(C) the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency information and spaces provided to such candidates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful candidate for the office of President or Vice President under subparagraph (B) or (C) of paragraph (1); and “(D) if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subparagraph (B) or (C) of paragraph (1), as applicable. “(3) Definition .— In this subsection, the term ‘eligible candidate’ has the meaning given that term in subsection (h)(4). “(d) Each apparent successful candidate for the office of President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152 [now section 3202 of title 39 ]. Each apparent successful candidate for the office of Vice-President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him under his written autograph signature in connection with his preparations for the assumption of official duties as Vice President. “(e) Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section. “(f) (1) Any apparent successful candidate for the office of President should submit to the Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004 [probably should be section 3001(c) of Pub. L. 108–458 , 50 U.S.C. 3341(c) ], the names of candidates for high level national security positions through the level of undersecretary of cabinet departments as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. “(2) The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President. “(g) In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice President, except for activities under subsection (a)(8)(A), there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of the Treasury. “(h) (1) (A) In the case of an eligible candidate, the Administrator— “(i) shall notify the candidate of the candidate’s right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and “(ii) upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1). The Administrator shall also notify the candidate that sections 7601(c) and 8403(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 [ Pub. L. 108–458 ; 50 U.S.C. 3342 and 5 U.S.C. 1101 note] provide additional services. “(B) The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate— “(i) in the case of a candidate of a major party (as defined in section 9002(6) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9002(6) ]), on one of the first 3 business days following the last nominating convention for such major parties; and “(ii) in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)). “(C) (i) The Administrator shall, not later than 12 months before the date of each general election for President and Vice-President (beginning with the election to be held in 2012), prepare a report summarizing modern presidential transition activities, including a bibliography of relevant resources. “(ii) The Administrator shall promptly make the report under clause (i) generally available to the public (including through electronic means) and shall include such report with the notice provided to each eligible candidate under subparagraph (A)(i). “(2) (A) Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President. “(B) The Administrator— “(i) shall determine the location of any office space provided to an eligible candidate under this subsection; “(ii) shall, as appropriate, ensure that any information technology or communications services provided to an eligible candidate under this subsection are secure; “(iii) shall offer information and other assistance to eligible candidates on an equal basis and without regard to political affiliation; and “(iv) may modify the scope of any services to be provided under this subsection to reflect that the services are provided to eligible candidates rather than an apparent successful candidate, except that any such modification must apply to all eligible candidates. “(C) An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidate’s campaign shall reimburse the Administrator for any unauthorized use of such services or facilities. “(D) An eligible candidate shall have a right to the services and facilities described in this paragraph until the date on which the Administrator is able to determine the apparent successful candidates for the office of President and Vice President. “(3) (A) Notwithstanding any other provision of law, an eligible candidate may establish a separate fund for the payment of expenditures in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President, including expenditures in connection with any services or facilities provided under this subsection (whether before such services or facilities are available under this section or to supplement such services or facilities when so provided). Such fund shall be established and maintained in such manner as to qualify such fund for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 [ 26 U.S.C. 501(c)(4) ]. “(B) (i) The eligible candidate may— “(I) transfer to any separate fund established under subparagraph (A) contributions (within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(8) ) [now 52 U.S.C. 30101(8) ]) the candidate received for the general election for President or Vice-President or payments from the Presidential Election Campaign Fund under chapter 95 of the Internal Revenue Code of 1986 [ 26 U.S.C. 9001 et seq.] the candidate received for the general election; and “(II) solicit and accept amounts for receipt by such separate fund. “(ii) Any expenditures from the separate fund that are made from such contributions or payments described in clause (i)(I) shall be treated as expenditures (within the meaning of section 301(9) of such Act ( 2 U.S.C. 431(9) ) [now 52 U.S.C. 30101(9) ]) or qualified campaign expenses (within the meaning of section 9002(11) of such Code [ 26 U.S.C. 9002(11) ]), whichever is applicable. “(iii) An eligible candidate establishing a separate fund under subparagraph (A) shall (as a condition for receiving services and facilities described in paragraph (2)) comply with all requirements and limitations of section 6 in soliciting or expending amounts in the same manner as an apparent successful candidate, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 6. “(4) (A) In this subsection, the term ‘eligible candidate’ means, with respect to any presidential election (as defined in section 9002(10) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9002(10) ])— “(i) a candidate of a major party (as defined in section 9002(6) of such Code [ 26 U.S.C. 9002(6) ]) for President or Vice-President of the United States; and “(ii) any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices. “(B) In making a determination under subparagraph (A)(ii), the Administrator shall— “(i) ensure that any candidate determined to be an eligible candidate under such subparagraph— “(I) meets the requirements described in Article II, Section 1, of the United States Constitution for eligibility to the office of President; “(II) has qualified to have his or her name appear on the ballots of a sufficient number of States such that the total number of electors appointed in those States is greater than 50 percent of the total number of electors appointed in all of the States; and “(III) has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principal contenders for President or Vice-President of the United States; and “(ii) consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices. “(i) Memorandums of Understanding.— “(1) In general .— Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a). “(2) Existing resources .— To the maximum extent practicable, a memorandum of understanding entered into under paragraph (1) shall be based on memorandums of understanding relating to previous Presidential transitions. “(3) Transition representative.— “(A) Designation of representative for inquiries .— Each memorandum of understanding entered into under this subsection shall designate a representative of the eligible candidate to whom the Administrator shall direct any inquiries or legal instruments regarding the records of the eligible candidate that are in the custody of the Administrator. “(B) Change in transition representative .— The designation of a new individual as the transition representative of an eligible candidate shall not require the execution of a new memorandum of understanding under this subsection. “(C) Termination of designation .— The designation of a transition representative under a memorandum of understanding shall terminate— “(i) not later than September 30 of the year during which the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President occurs; or “(ii) before the date described in clause (i), upon request of the apparent successful candidate or, after such inauguration, upon request of the President or the Vice President. “(4) Amendments .— Any amendment to a memorandum of understanding entered into under this subsection shall be agreed to in writing. “(5) Prior notification of deviation .— Each party to a memorandum of understanding entered into under this subsection shall provide written notice, except to the extent prohibited under another provision of law, not later than 3 days before taking any action that deviates from the terms and conditions agreed to in the memorandum of understanding. “(6) Definition .— In this subsection, the term ‘eligible candidate’ has the meaning given that term in subsection (h)(4). “SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION. “(a) Definitions .— In this section— “(1) the term ‘Administrator’ means the Administrator of General Services; “(2) the term ‘agency’ means an Executive agency, as defined in section 105 of title 5 , United States Code; “(3) the term ‘eligible candidate’ has the meaning given that term in section 3(h)(4); “(4) the term ‘nonpublic information’— “(A) means information from the Federal Government that a member of a transition team obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public; and “(B) includes information that a member of the transition team knows or reasonably should know— “(i) is exempt from disclosure under section 552 of title 5 , United States Code, or otherwise protected from disclosure by law; and “(ii) is not authorized by the appropriate government agency or officials to be released to the public; and “(5) the term ‘Presidential election’ means a general election held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. “(b) General Duties .— The President shall take such actions as the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including by— “(1) establishing and operating a White House transition coordinating council in accordance with subsection (d); and “(2) establishing and operating an agency transition directors council in accordance with subsection (e). “(c) Federal Transition Coordinator .— The Administrator shall designate an employee of the General Services Administration who is a senior career appointee to— “(1) carry out the duties and authorities of the General Services Administration relating to Presidential transitions under this Act or any other provision of law; “(2) serve as the Federal Transition Coordinator with responsibility for coordinating transition planning across agencies, including through the agency transition directors council established under subsection (e); “(3) ensure agencies comply with all statutory requirements relating to transition planning and reporting; and “(4) act as a liaison to eligible candidates. “(d) White House Transition Coordinating Council.— “(1) Establishment .— Not later than 6 months before the date of a Presidential election, the President shall establish a White House transition coordinating council for purposes of facilitating the Presidential transition. “(2) Duties .— The White House transition coordinating council shall— “(A) provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials; “(B) facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the Executive Office of the President; and “(C) prepare and host interagency emergency preparedness and response exercises. “(3) Membership .— The members of the White House transition coordinating council shall include— “(A) senior employees of the Executive branch selected by the President, which may include the Chief of Staff to the President, any Cabinet officer, the Director of the Office of Management and Budget, the Administrator, the Director of the Office of Personnel Management, the Director of the Office of Government Ethics, and the Archivist of the United States; “(B) the Federal Transition Coordinator; “(C) the transition representative for each eligible candidate, who shall serve in an advisory capacity; and “(D) any other individual the President determines appropriate. “(4) Chairperson .— The Chairperson of the White House transition coordinating council shall be a senior employee in the Executive Office of the President, designated by the President. “(e) Agency Transition Directors Council.— “(1) In general .— The President shall establish and operate an agency transition directors council, which shall— “(A) ensure the Federal Government has an integrated strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of noncareer appointees; “(B) coordinate transition activities between the Executive Office of the President, agencies, and the transition team of eligible candidates and the apparent successful candidates (as determined by section 3(c)); and “(C) draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties. “(2) Duties .— As part of carrying out the responsibilities under paragraph (1), the agency transition directors council shall— “(A) assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal Transition Coordinator relating to a Presidential transition; “(B) provide guidance to agencies in gathering briefing materials and information relating to the Presidential transition that may be requested by eligible candidates; “(C) ensure materials and information described in subparagraph (B) are prepared not later than November 1 of a year during which a Presidential election is held; “(D) ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection (f) during a Presidential transition; and “(E) consult with the President’s Management Council, or any successor thereto, in carrying out the duties of the agency transition directors council. “(3) Membership .— The members of the agency transition directors council shall include— “(A) the Federal Transition Coordinator and the Deputy Director for Management of the Office of Management and Budget, who shall serve as Co-Chairpersons of the agency transition directors council; “(B) other senior employees serving in the Executive Office of the President, as determined by the President; “(C) a senior representative serving in a career position from each agency described in section 901(b)(1) of title 31 , United States Code, the Office of Personnel Management, the Office of Government Ethics, and the National Archives and Records Administration whose responsibilities include leading Presidential transition efforts within the agency; “(D) a senior representative serving in a career position from any other agency determined by the Co-Chairpersons to be an agency that has significant responsibilities relating to the Presidential transition process; and “(E) during a year during which a Presidential election will be held, a transition representative for each eligible candidate, who shall serve in an advisory capacity. “(4) Meetings .— The agency transition directors council shall meet— “(A) subject to subparagraph (B), not less than once per year; and “(B) during the period beginning on the date that is 6 months before a Presidential election and ending on the date on which the apparent successful candidate for the office of President is inaugurated, on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council. “(f) Interim Agency Leadership for Transitions.— “(1) Oversight and implementation of transition .— Not later than 6 months before the date of a Presidential election, the head of each agency shall designate a senior career employee of the agency and a senior career employee of each major component and subcomponent of the agency to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition. “(2) Acting officers .— Not later than September 15 of a year during which a Presidential election occurs, and in accordance with subchapter III of chapter 33 of title 5, United States Code, the head of each agency shall ensure that a succession plan is in place for each senior noncareer position in the agency. “(g) Memorandums of Understanding.— “(1) In general .— Not later than October 1 of a year during which a Presidential election occurs, the President (acting through the Federal Transition Coordinator) shall, to the maximum extent practicable, negotiate a memorandum of understanding with the transition representative of each eligible candidate, which shall include, at a minimum, the conditions of access to employees, facilities, and documents of agencies by transition staff. “(2) Existing resources .— To the maximum extent practicable, the memorandums of understanding negotiated under paragraph (1) shall be based on memorandums of understanding from previous Presidential transitions. “(3) Ethics plan.— “(A) In general .— Each memorandum of understanding under paragraph (1) shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the apparent successful candidate for the office of President. “(B) Contents .— The ethics plan shall include, at a minimum— “(i) a description of the ethics requirements that will apply to all members of the transition team, including any specific requirement for transition team members who will have access to nonpublic or classified information; “(ii) a description of how the transition team will— “(I) address the role on the transition team of— “(aa) lobbyists registered under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) and individuals who were former lobbyists registered under that Act; and “(bb) persons registered under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.), foreign nationals, and other foreign agents; “(II) prohibit a transition team member with conflicts of interest similar to those applicable to Federal employees under section 2635.402(a) and section 2635.502(a) of title 5, Code of Federal Regulations, related to current or former employment, affiliations, clients, or investments, from working on particular matters involving specific parties that affect the interests of such member; and “(III) address how the covered eligible candidate will address his or her own conflicts of interest during a Presidential term if the covered eligible candidate becomes the apparent successful candidate for the office of President; “(iii) a Code of Ethical Conduct, which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to— “(I) seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information; “(II) keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and “(III) not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and “(iv) a description of how the transition team will enforce the Code of Ethical Conduct, including the names of the members of the transition team responsible for enforcement, oversight, and compliance. “(C) Publicly available .— The transition team shall make the ethics plan described in this paragraph publicly available on the internet website of the General Services Administration the earlier of— “(i) the day on which the memorandum of understanding is completed; or “(ii) October 1. “(h) Equity in Assistance .— Any information or other assistance provided to eligible candidates under this section shall be offered on an equal basis and without regard to political affiliation. “(i) Reports.— “(1) In general .— The President, acting through the Federal Transition Coordinator, shall submit to the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate reports describing the activities undertaken by the President and agencies to prepare for the transfer of power to a new President. “(2) Timing .— The reports under paragraph (1) shall be provided 6 months and 3 months before the date of a Presidential election. “services and facilities authorized to be provided to former presidents and former vice presidents “Sec. 5. The Administrator is authorized to provide, upon request, to each former President and each former Vice President, for a period not to exceed seven months from 30 days before the date of the expiration of his term of office as President or Vice President, for use in connection with winding up the affairs of his office, necessary services and facilities of the same general character as authorized by this Act to be provided to apparent successful candidates (as determined by section 3(c)). Any person appointed or detailed to serve a former President or former Vice President under authority of this section shall be appointed or detailed in accordance with, and shall be subject to, all of the provisions of section 3 of this Act applicable to persons appointed or detailed under authority of that section. The provisions of the Act of August 25, 1958 ( 72 Stat. 838 ; 3 U.S.C. 102 , note), other than subsections (a) and (e) shall not become effective with respect to a former President until six months after the expiration of his term of office as President. “disclosures of financing and personnel; limitation on acceptance of donations “Sec. 6. (a) (1) Each apparent successful candidate (as determined by section 3(c)) (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall disclose to the Administrator the date of contribution, source, amount, and expenditure thereof of all money, other than funds from the Federal Government, and including currency of the United States and of any foreign nation, checks, money orders, or any other negotiable instruments payable on demand, received either before or after the date of the general elections for use in the preparation of the apparent successful candidate for the assumption of official duties as President or Vice President. “(2) Each apparent successful candidate (as a condition for receiving such services and funds) shall make available to the Administrator and the Comptroller General all information concerning such contributions as the Administrator or Comptroller General may require for purposes of auditing both the public and private funding used in the activities authorized by this Act. “(3) Disclosures made under paragraph (1) shall be— “(A) in the form of a report to the Administrator within 30 days after the inauguration of the apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as Vice President; and “(B) made available to the public by the Administrator upon receipt by the Administrator. “(b) (1) Each apparent successful candidate (as a condition for receiving services provided under section 3 and funds provided under section 7(a)(1)) shall make available to the public— “(A) the names and most recent employment of all transition personnel (full-time or part-time, public or private, or volunteer) who are members of the apparent successful candidate’s Federal department or agency transition teams; and “(B) information regarding the sources of funding which support the transition activities of each transition team member. “(2) Disclosures under paragraph (1) shall be made public before the initial transition team contact with a Federal department or agency and shall be updated as necessary. “(c) Each apparent successful candidate (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act. “authorization of appropriations “Sec. 7. (a) There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act, except that with respect to any one Presidential transition— “(1) not more than $3,500,000 may be appropriated for the purposes of providing services and facilities to the apparent successful candidates under section 3, and “(2) not more than $1,500,000 may be appropriated for the purposes of providing services and facilities to the former President and former Vice President under section 5, except that any amount appropriated pursuant to this paragraph in excess of $1,250,000 shall be returned to the general fund of the Treasury in the case where the former Vice President is the incumbent President. The President shall include in the budget transmitted to Congress, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this Act. “(b) The amounts authorized to be appropriated under subsection (a) shall be increased by an inflation adjusted amount, based on increases in the cost of transition services and expenses which have occurred in the years following the most recent Presidential transition, and shall be included in the proposed appropriation transmitted by the President under the last sentence of subsection (a).”

[Pub. L. 108–458, title VII, § 7601(d), Dec. 17, 2004, 118 Stat. 3858, provided that:

“Notwithstanding section 351 [ Pub. L. 108–458 does not contain a section 351], this section [enacting section 3342 of Title 50 , War and National Defense, and amending section 3 of Pub. L. 88–277 , set out above] and the amendments made by this section shall take effect on the date of enactment of this Act [ Dec. 17, 2004 ].”

]

[Pub. L. 100–398, § 2(b), Aug. 17, 1988, 102 Stat. 985, provided that:

“The amendments made by subsection (a) of this section [renumbering and amending section 6 of Pub. L. 88–277 , set out above] shall be effective upon enactment [ Aug. 17, 1988 ], except that the amendment made by paragraph (7) of such subsection [enacting subsec. (b) of section 6 of Pub. L. 88–277 , set out above] shall take effect on October 1, 1989 .”

]

[Pub. L. 94–499, § 3, Oct. 14, 1976, 90 Stat. 2380, provided that amendment of section 5 of Pub. L. 88–277 [set out above] by section 1 of Pub. L. 94–499, respecting revision of appropriation authorization, shall be effective Oct. 14, 1976.]

[References 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.]

Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable

Provisions prohibiting expenditure of funds made available for official expenses for any other purpose and requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. 1552 were contained in a paragraph under the headings “EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT” and “Compensation of the President” in the Executive Office of the President Appropriations Act, 2006, Pub. L. 109–115, div. A, title V, Nov. 30, 2005, 119 Stat. 2472, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriation acts:

Pub. L. 108–447, div. H, title III, Dec. 8, 2004, 118 Stat. 3246.

Pub. L. 108–199, div. F, title III, Jan. 23, 2004, 118 Stat. 321.

Pub. L. 108–7, div. J, title III, Feb. 20, 2003, 117 Stat. 442.

Pub. L. 107–67, title III, Nov. 12, 2001, 115 Stat. 526.

Pub. L. 106–554, § 1(a)(3) [title III], Dec. 21, 2000, 114 Stat. 2763, 2763A–136.

Pub. L. 106–58, title III, Sept. 29, 1999, 113 Stat. 444.

Pub. L. 105–277, div. A, § 101(h) [title III], Oct. 21, 1998, 112 Stat. 2681–480, 2681–492.

Pub. L. 105–61, title III, Oct. 10, 1997, 111 Stat. 1290.

Pub. L. 104–208, div. A, title I, § 101(f) [title III], Sept. 30, 1996, 110 Stat. 3009-314, 3009-326.

Pub. L. 104–52, title III, Nov. 19, 1995, 109 Stat. 477.

Pub. L. 103–329, title III, Sept. 30, 1994, 108 Stat. 2392.

Pub. L. 103–123, title III, Oct. 28, 1993, 107 Stat. 1235.

Pub. L. 102–393, title III, Oct. 6, 1992, 106 Stat. 1738.

Pub. L. 102–141, title III, Oct. 28, 1991, 105 Stat. 844.

Pub. L. 101–509, title III, Nov. 5, 1990, 104 Stat. 1399.

Pub. L. 101–136, title III, Nov. 3, 1989, 103 Stat. 790.

Pub. L. 100–440, title III, Sept. 22, 1988, 102 Stat. 1728.

Pub. L. 100–202, § 101(m) [title III], Dec. 22, 1987, 101 Stat. 1329–390, 1329–398.

Pub. L. 99–500, § 101(m) [title III], Oct. 18, 1986, 100 Stat. 1783–308, 1783–315, and Pub. L. 99–591, § 101(m) [title III, § 301], Oct. 30, 1986, 100 Stat. 3341–308, 3341–315.

Pub. L. 99–190, § 101(h) [H.R. 3036, title III], Dec. 19, 1985, 99 Stat. 1291.

Pub. L. 98–473, § 101(j) [H.R. 5798, title III], Oct. 12, 1984, 98 Stat. 1963.

Pub. L. 98–151, § 101(f) [H.R. 4139, title III], Nov. 14, 1983, 97 Stat. 973.

Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.

Pub. L. 97–92, § 101(a) [H.R. 4121, title III], Dec. 15, 1981, 95 Stat. 1183.

Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title III], Dec. 16, 1980, 94 Stat. 3166.

Pub. L. 96–74, title III, Sept. 29, 1979, 93 Stat. 563.

Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widow’s Allowance, Termination; “Former President” Defined

Pub. L. 85–745, Aug. 25, 1958, 72 Stat. 838, as amended by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88–426, title I, § 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 90–206, title II, § 224(c), Dec. 16, 1967, 81 Stat. 642; Pub. L. 91–231, § 7, Apr. 15, 1970, 84 Stat. 198; Pub. L. 91–658, § 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95–138, § 1, Oct. 18, 1977, 91 Stat. 1170; Pub. L. 103–123, title IV, § 6(a), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 103–329, title V, § 531, Sept. 30, 1994, 108 Stat. 2413; Pub. L. 104–52, title V, § 523, Nov. 19, 1995, 109 Stat. 495; Pub. L. 105–61, title IV, § 409(a), Oct. 10, 1997, 111 Stat. 1299; Pub. L. 108–447, div. H, title V, § 526, Dec. 8, 2004, 118 Stat. 3271, provided that:

“(a) Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in section 101 of title 5 , United States Code. However, such allowance shall not be paid for any period during which such former President holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate. “(b) The Administrator of General Services shall, without regard to the civil-service and classification laws, provide for each former President an office staff. Persons employed under this subsection shall be selected by the former President and shall be responsible only to him for the performance of their duties. Each former President shall fix basic rates of compensation for persons employed for him under this paragraph which in the aggregate shall not exceed $96,000 per annum except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum. The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under section 5313 of title 5 , United States Code. Amounts provided for ‘Allowances and Office Staff for Former Presidents’ may be used to pay fees of an independent contractor who is not a member of the staff of the office of a former President for the review of Presidential records of a former President in connection with the transfer of such records to the National Archives and Records Administration or a Presidential Library without regard to the limitation on staff compensation set forth herein. “(c) The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify. “(d) [Repealed. Pub. L. 86–682, § 12(c) , Sept. 2, 1960 , 74 Stat. 730 . See sections 3214 and 3216 of title 39.] “(e) The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow— “(1) commences on the day after the former President dies; “(2) terminates on the last day of the month before such widow— “(A) dies; or “(B) remarries before becoming 60 years of age; and “(3) is not payable for any period during which such widow holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate. “(f) As used in this section, the term ‘former President’ means a person— “(1) who shall have held the office of President of the United States of America; “(2) whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and “(3) who does not then currently hold such office. “(g) There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided , That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of title 18, United States Code, the former President and/or spouse was not receiving protection for a lifetime provided by the United States Secret Service under section 3056 paragraph (a) subparagraph (3) of title 18, United States Code; the protection provided by the United States Secret Service expired at its designated time; or the protection provided by the United States Secret Service was declined prior to authorized expiration in lieu of these funds.”

[Pub. L. 95–138, § 2, Oct. 18, 1977, 91 Stat. 1170, provided that:

“The amendment made by the first section of this Act [amending Pub. L. 87–745 , set out above] shall take effect October 1, 1977 .”

]

§ 103 — Traveling expenses

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.

Effective Date of 1978 Amendment

Amendment 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.

§ 104 — Salary of the Vice President Cited in 1 case

§ 104(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.

§ 104(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.

Effective Date of 1994 Amendment

Pub. 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 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Pub. 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 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Amendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see section 3 of that act.

Salary Increases

For 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.

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.

§ 105 — Assistance and services for the President Cited in 1 case

§ 105(a)

§ 105(a)(1)

Subject to the provisons 1 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.

§ 105(a)(2)

The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—

§ 105(a)(2)(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

§ 105(a)(2)(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

§ 105(a)(2)(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

§ 105(a)(2)(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.

§ 105(b)

§ 105(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.

§ 105(b)(2)

The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than—

§ 105(b)(2)(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

§ 105(b)(2)(B)

§ 105(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—

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.

§ 105(c)(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

§ 105(c)(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.

§ 105(d) Cited in 1 case

There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for—

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.

§ 105(d)(1) Cited in 1 case

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;

§ 105(d)(2)

the official expenses of the White House Office;

§ 105(d)(3)

the official entertainment expenses of the President;

§ 105(d)(4)

the official entertainment expenses for allocation within the Executive Office of the President; and

§ 105(d)(5)

the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President.

§ 105(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.

Effective Date of 1978 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Effective Date of 1961 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Amendment 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.

Repeals

Act 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 Rates

References 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.

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.

§ 106 — Assistance and services for the Vice President

§ 106(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—

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.

§ 106(a)(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—

§ 106(a)(1)(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

§ 106(a)(1)(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

§ 106(a)(1)(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

§ 106(a)(1)(D)

§ 106(a)(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.

§ 106(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—

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.

§ 106(b)(1)

the official expenses of the Office of the Vice President;

§ 106(b)(2)

the official entertainment expenses of the Vice President; and

§ 106(b)(3)

the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice President.

§ 106(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.

Effective Date of 1978 Amendment

Amendment 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 Amendment

Amendment 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 Rates

Former President’s Office Staff

See note under section 102 of this title.

§ 107 — Domestic Policy Staff and Office of Administration; personnel

§ 107(a)

In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized—

§ 107(a)(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—

§ 107(a)(1)(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

§ 107(a)(1)(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

§ 107(a)(1)(C)

§ 107(a)(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.

§ 107(b)

§ 107(b)(1)

In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized—

§ 107(b)(1)(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—

§ 107(b)(1)(A)(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

§ 107(b)(1)(A)(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

§ 107(b)(1)(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.

§ 107(b)(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.

§ 107(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.

Effective Date

Section 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 Rates

Applicability of Subsec. (b) to Current Employees of Office of Administration

Pub. 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.”

§ 108 — Assistance to the President for unanticipated needs

§ 108(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.

§ 108(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.

§ 108(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.

Effective Date

Section 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.

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

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.

Effective Date of 1978 Amendment

Amendment 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.

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.

§ 110 — Furniture for the Executive Residence at the White House

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.

Effective Date of 1978 Amendment

Amendment 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 Mansion

Act 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 Interest

Pub. 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.”

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.

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.

§ 111 — Expense allowance of Vice President

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.

Effective Date of 2003 Amendment

Amendment 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 Amendment

Amendment 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 Date

Section effective noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.

Official Temporary Residence of the Vice President

Pub. 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 Appropriation

Pub. 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.”

§ 112 — Detail of employees of executive departments

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—

for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year.

§ 112(1)

who is so detailed, and

§ 112(2)

who is performing services which have been or would otherwise be performed by an employee of such office,

Effective Date

Section 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 Employees

Pub. 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.”

§ 113 — Personnel report

§ 113(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.

§ 113(b)

Each report required under subsection (a) shall contain—

The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved.

§ 113(b)(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;

§ 113(b)(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 1 and the aggregate amount paid to such employees;

§ 113(b)(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;

§ 113(b)(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

§ 113(b)(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.

Effective Date

Section 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 Requirements

For 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 Rates

Report on White House Office Personnel

Pub. 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.]

§ 114 — General pay limitation

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 .

Effective Date

Section 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 Rates

§ 115 — Veterans’ preference

§ 115(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.

§ 115(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—

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.

§ 115(b)(1)

that such position is—

§ 115(b)(1)(A)

a confidential or policy-making position; or

§ 115(b)(1)(B)

a position for which political affiliation or political philosophy is otherwise an important qualification; and

§ 115(b)(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.

[CHAPTER 3— REPEALED]

§ 201 — Repealed. July 16, 1951, ch. 226, § 5(a) , 65 Stat. 122 ]

[Repealed]

§ 202 — Repealed. Pub. L. 109–177, title VI, § 605(c) , Mar. 9, 2006 , 120 Stat. 255 ]

[Repealed]

§ 205 — Repealed. Pub. L. 91–217, § 1(7) , Mar. 19, 1970 , 84 Stat. 75 ]

[Repealed]

§ 206 — Repealed. Pub. L. 109–177, title VI, § 605(c) , Mar. 9, 2006 , 120 Stat. 255 ]

[Repealed]

CHAPTER 4— DELEGATION OF FUNCTIONS

Similar Provisions; Repeal; Saving Clause

Similar provisions were contained in former chapter 4, comprising former sections 301 to 303 of this title, which was set out here but which was not a part of this title. Former sections 301 to 303 were derived from act Aug. 8, 1950, ch. 646, §§ 1–3, 64 Stat. 419, and were repealed by section 56(j) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed sections on the effective date of the repeal (Oct. 31, 1951).

§ 301 — General authorization to delegate functions; publication of delegations Cited in 4 cases

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided , That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

Similar Provisions; Repeal; Saving Clause

For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding this section.

Transfer of Functions

Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated Bureau of the Budget as Office of Management and Budget and Director of Bureau of the Budget as Director of Office of Management and Budget. See Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees.

Part I—Director of the Bureau of the Budget

[Superseded by Ex. Ord. No. 11230, § 2(1), (3), (5)–(14), June 28, 1965, 30 F.R. 8447]

Part II—The Office of Personnel Management

[Superseded by Ex. Ord. No. 11228, § 3(1), (2), (5), June 14, 1965, 30 F.R. 7739]

Part III—The Housing and Home Finance Administrator

[Superseded by Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171]

Part IV

the federal communications commission

Sec. 5. (a) The Federal Communications Commission is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, all authority vested in the President by the act of May 27, 1921, ch. 12, 42 Stat. 8 [47 U.S.C. 34 to 39], including the authority to issue, withhold, or revoke licenses to land or operate submarine cables in the United States: Provided, That no such license shall be granted or revoked by the Commission except after obtaining approval of the Secretary of State and such advice from any executive department or establishment of the Government as the Commission may deem necessary. The Commission is authorized and directed to receive all applications for the said licenses.

(b) Executive Order No. 3513 of July 9, 1921, as amended by Executive Order No. 6779 of June 30, 1934, is hereby revoked.

Part V

the attorney general and the archivist of the united states

Sec. 6. The Attorney General and the Archivist of the United States are hereby designated and empowered jointly to perform the following-described functions without the approval, ratification, or other action of the President:

(a) The authority vested in the President by section 5(a) of the act of July 26, 1935, ch. 417, 49 Stat. 501, as amended (44 U.S.C. 1505(a)), to determine from time to time the documents or classes of documents having general applicability and legal effect.

(b) The authority vested in the President by sections 6, 11(a), and 11(f) of said act, as amended (44 U.S.C. 1506; 1510(a) and 1510(f)), to approve (or disapprove), respectively, (1) regulations, prescribed by the Administrative Committee of the Federal Register, for carrying out the provisions of that act (including the regulations referred to in section 5(b) of the act (44 U.S.C. 1505(b)), authorizing publication in the Federal Register of certain documents or classes of documents), (2) actions of the Administrative Committee of the Federal Register requiring, from time to time, the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents, described in the said section 11(a) (44 U.S.C. 1510(a)), of each agency of the Government, and (3) regulations, prescribed by the Administrative Committee of the Federal Register, for carrying out the provisions of section 11 (44 U.S.C. 1510) of the said act, as amended.

Part VI

general provisions

Sec. 7. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order.

Sec. 8. As used in this order, the term “functions” embraces duties, powers, responsibilities, authority, or discretion, and the term “perform” may be construed to mean “exercise.”

Change of Name

References to Administrator of Veterans’ Affairs and to Veterans’ Administration deemed to refer to Secretary of Veterans Affairs and to Department of Veterans Affairs, respectively, pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.

Abolition of Domestic Council

The Domestic Council, referred to in section 5 of Ex. Ord. No. 11690, Dec. 14, 1972, 31 F.R. 26815, was abolished and its functions transferred to the President with power to delegate such functions within the Executive Office of the President pursuant to Reorg. Plan No. 1 of 1977, §§ 1, 3, 5D, 42 F.R. 56101, 91 Stat. 1633, set out preceding section 101 of this title, effective on or before Apr. 1, 1978, at such time as specified by the President. Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, set out preceding section 101 of this title, provided that the abolition and transfer of functions of the Domestic Council be effective Mar. 26, 1978.

Memorandum on Assignment of Reporting Functions Under the Intelligence Reform and Terrorism Prevention Act of 2004

Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, as amended by Memorandum of President of the United States, July 1, 2005, 70 F.R. 41341, provided:

Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Director of National Intelligence[,] the Attorney General[, and] the Secretary of Homeland Security

By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code:

1. The reporting functions of the President under sections 4026(a)(4)(A), 4026(c)(2), 7104(e)(4)(A), 7202(d) [now 7202(g)], 7204(c)(1)–(2), and 7120 [118 Stat. 3803] of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458, 118 Stat. 3638) (the “Act”) [8 U.S.C. 1777(g), 22 U.S.C. 2656 note, 2751 note, 7555] are hereby assigned to the Secretary of State.

The reporting function under section 7202(d) [now 7202(g)] of the Act [8 U.S.C. 1777(g)] on the Human Smuggling and Trafficking Center shall be coordinated with the Attorney General and the Secretary of Homeland Security.

Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary of State information the Secretary requests to perform such functions, in the format and on the schedule specified by the Secretary.

2. The reporting function of the President under section 7104(i) of the Act [22 U.S.C. 7536] is hereby assigned to the Secretary of Defense.

Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary of Defense information the Secretary requests to perform such functions, in the format and on the schedule specified by the Secretary.

3. The reporting functions under sections 1022 and 1094 of the Act [50 U.S.C. 3057, 3001 note] are hereby assigned to the Director of National Intelligence.

Heads of departments and agencies shall, to the extent permitted by law, furnish to the Director of National Intelligence information the Director requests to perform such functions, in the format and on the schedule specified by the Director.

The Secretaries of State and Defense, and the Director of National Intelligence shall perform such functions in a manner consistent with the President’s constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties.

Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision.

The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.

§ 302 — Scope of delegation of functions Cited in 1 case

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.

Similar Provisions; Repeal; Saving Clause

For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.

§ 303 — Definitions

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”.

Similar Provisions; Repeal; Saving Clause

For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.

CHAPTER 5— EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES

SUBCHAPTER I— GENERAL PROVISIONS

§ 401 — Definitions

§ 401(a)

Except as otherwise specifically provided in this chapter, as used in this chapter:

§ 401(a)(1)

The term “Board” means the Merit Systems Protection Board under chapter 12 of title 5.

§ 401(a)(2)

The term “covered employee” means any employee of an employing office.

§ 401(a)(3)

The term “employee” includes an applicant for employment and a former employee.

§ 401(a)(4)

The term “employing office” means—

§ 401(a)(4)(A)

each office, agency, or other component of the Executive Office of the President;

§ 401(a)(4)(B)

the Executive Residence at the White House; and

§ 401(a)(4)(C)

the official residence (temporary or otherwise) of the Vice President.

§ 401(b)

For purposes of applying this chapter with respect to any practice or other matter—

§ 401(b)(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;

§ 401(b)(2)

to which section 412 relates, the term “covered employee” means a covered employee described in section 412(a)(2)(B);

§ 401(b)(3)

to which section 413 relates, the term “covered employee” excludes interns and volunteers, as described in section 413(a)(2); and

§ 401(b)(4)

to which section 416 relates, the term “covered employee” means a covered employee described in section 416(a)(2).

Regulations

Pub. 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 Laws

Pub. 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.”

§ 402 — Application of laws

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):

§ 402(1)

The Fair Labor Standards Act of 1938.

§ 402(2)

Title VII of the Civil Rights Act of 1964.

§ 402(3)

The Americans with Disabilities Act of 1990.

§ 402(4)

The Age Discrimination in Employment Act of 1967.

§ 402(5)

The Family and Medical Leave Act of 1993.

§ 402(6)

The Occupational Safety and Health Act of 1970.

§ 402(7)

Chapter 71 (relating to Federal service labor-management relations) of title 5.

§ 402(8)

The Employee Polygraph Protection Act of 1988.

§ 402(9)

The Worker Adjustment and Retraining Notification Act.

§ 402(10)

The Rehabilitation Act of 1973.

§ 402(11)

Chapter 43 (relating to veterans’ employment and reemployment) of title 38.

SUBCHAPTER II— EXTENSION OF RIGHTS AND PROTECTIONS

Part A— Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation

§ 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 Cited in 2 cases

§ 411(a) Cited in 2 cases

All personnel actions affecting covered employees shall be made free from any discrimination based on—

§ 411(a)(1) Cited in 1 case

race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964;

§ 411(a)(2) Cited in 1 case

age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967; or

§ 411(a)(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.

§ 411(b)

§ 411(b)(1)

The remedy for a violation of subsection (a)(1) shall be—

§ 411(b)(1)(A)

such damages as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964; and

§ 411(b)(1)(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.

§ 411(b)(2)

The remedy for a violation of subsection (a)(2) shall be—

In addition, the waiver provisions of section 7(f) of such Act shall apply to covered employees.

§ 411(b)(2)(A)

such damages as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967; and

§ 411(b)(2)(B)

such liquidated damages as would be appropriate if awarded under section 7(b) of such Act.

§ 411(b)(3)

The remedy for a violation of subsection (a)(3) shall be—

§ 411(b)(3)(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

§ 411(b)(3)(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.

§ 411(c)

Except as otherwise specifically provided in this section, as used in this section:

§ 411(c)(1)

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—

§ 411(c)(1)(A)

whose appointment is made by and with the advice and consent of the Senate;

§ 411(c)(1)(B)

who is appointed to an advisory committee, as defined in section 1001 of title 5; or

§ 411(c)(1)(C)

who is a member of the uniformed services.

§ 411(c)(2)

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).

§ 411(d)

§ 411(d)(1)

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).

§ 411(d)(2)

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)—

§ 411(d)(2)(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

§ 411(d)(2)(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—

§ 411(d)(2)(B)(i)

would be equally effective for the implementation of the rights and protections under this section; and

§ 411(d)(2)(B)(ii)

would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

§ 411(e)

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.

§ 411(f)

This section shall take effect on October 1, 1997.

Effective Date

Subsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.

Regulations

For 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.

§ 412 — Rights and protections under the Family and Medical Leave Act of 1993

§ 412(a)

§ 412(a)(1)

The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 shall apply to covered employees.

§ 412(a)(2)

For purposes of the application described in paragraph (1)—

§ 412(a)(2)(A)

the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office; and

§ 412(a)(2)(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.

§ 412(a)(3)

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)).

§ 412(b)

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.

§ 412(c)

§ 412(c)(1)

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.

§ 412(c)(2)

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.

§ 412(c)(3)

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.

§ 412(d)

§ 412(d)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 412(d)(2)

§ 412(d)(2)(A)

§ 412(d)(2)(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—

§ 412(d)(2)(B)(i)

would be equally effective for the implementation of the rights and protections under this section; and

§ 412(d)(2)(B)(ii)

would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government; and

§ 412(d)(2)(C)

except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection.

§ 412(e)

Subsections (a) and (b) shall take effect on the earlier of—

§ 412(e)(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

§ 412(e)(2)

October 1, 1998.

Effective Date of 2021 Amendment

Pub. 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 Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

§ 413 — Rights and protections under the Fair Labor Standards Act of 1938

§ 413(a)

§ 413(a)(1)

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.

§ 413(a)(2)

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).

§ 413(a)(3)

Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.

§ 413(b)

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.

§ 413(c)

§ 413(c)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 413(c)(2)

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.

§ 413(c)(3)

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.

§ 413(d)

Subsections (a) and (b) shall take effect on the earlier of—

§ 413(d)(1)

the effective date of regulations issued under subsection (c); or

§ 413(d)(2)

October 1, 1998.

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

§ 414 — Rights and protections under the Employee Polygraph Protection Act of 1988

§ 414(a)

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.

§ 414(b)

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.

§ 414(c)

§ 414(c)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 414(c)(2)

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.

§ 414(d)

Subsections (a) and (b) shall take effect on the earlier of—

§ 414(d)(1)

the effective date of regulations issued under subsection (c); or

§ 414(d)(2)

October 1, 1998.

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

§ 415 — Rights and protections under the Worker Adjustment and Retraining Notification Act

§ 415(a)

§ 415(a)(1)

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.

§ 415(a)(2)

§ 415(a)(2)(A)

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—

§ 415(a)(2)(A)(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

§ 415(a)(2)(A)(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.

§ 415(a)(2)(B)

An individual described in this subparagraph is any covered employee serving pursuant to an appointment made during—

§ 415(a)(2)(B)(i)

the term of office of the previous President; or

§ 415(a)(2)(B)(ii)

any term, earlier than the term referred to in clause (i), during which such previous President served as President or Vice President.

§ 415(b)

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.

§ 415(c)

§ 415(c)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 415(c)(2)

§ 415(d)

Subsections (a) and (b) shall take effect on the earlier of—

§ 415(d)(1)

the effective date of regulations issued under subsection (c); or

§ 415(d)(2)

October 1, 1998.

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

§ 416 — Rights and protections relating to veterans’ employment and reemployment

§ 416(a)

§ 416(a)(1)

It shall be unlawful for an employing office to—

§ 416(a)(1)(A)

discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee;

§ 416(a)(1)(B)

deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or

§ 416(a)(1)(C)

deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.

§ 416(a)(2)

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.

§ 416(b)

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.

§ 416(c)

§ 416(c)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 416(c)(2)

§ 416(c)(2)(A)

§ 416(c)(2)(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—

§ 416(c)(2)(B)(i)

would be equally effective for the implementation of the rights and protections under this section; and

§ 416(c)(2)(B)(ii)

would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

§ 416(d)

Subsections (a) and (b) shall take effect on the earlier of—

§ 416(d)(1)

the effective date of regulations issued under subsection (c); or

§ 416(d)(2)

October 1, 1998.

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.

§ 417 — Prohibition of intimidation or reprisal Cited in 1 case

§ 417(a) Cited in 1 case

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.

§ 417(b)

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).

Part B— Public Access Provisions Under the Americans With Disabilities Act of 1990

§ 421 — Rights and protections under the Americans with Disabilities Act of 1990

§ 421(a)

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.

§ 421(b)

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.

§ 421(c)

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.

§ 421(d)

§ 421(d)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 421(d)(2)

§ 421(d)(2)(A)

§ 421(d)(2)(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—

§ 421(d)(2)(B)(i)

would be equally effective for the implementation of the rights and protections under this section; and

§ 421(d)(2)(B)(ii)

would promote uniformity in the application of Federal law to agencies of the executive branch of the Federal Government.

§ 421(e)

Subsections (a), (b), and (c) shall take effect on the earlier of—

§ 421(e)(1)

the effective date of regulations issued under subsection (d); or

§ 421(e)(2)

October 1, 1998.

Effective Date

Subsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.

Part C— Occupational Safety and Health Act of 1970

§ 425 — Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations

§ 425(a)

§ 425(a)(1)

Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970.

§ 425(a)(2)

For purposes of the application under this section of the Occupational Safety and Health Act of 1970—

§ 425(a)(2)(A)

the term “employer” as used in such Act means an employing office; and

§ 425(a)(2)(B)

the term “employee” as used in such Act means a covered employee.

§ 425(b)

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.

§ 425(c)

§ 425(c)(1)

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.

§ 425(c)(2)

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—

§ 425(c)(2)(A)

a citation or notice to any employing office responsible for correcting a violation of subsection (a); or

§ 425(c)(2)(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.

§ 425(c)(3)

If after issuing a citation or notification, the Secretary of Labor determines that a violation has not been corrected—

§ 425(c)(3)(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

§ 425(c)(3)(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.

§ 425(c)(4)

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.

§ 425(c)(5)

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.

§ 425(c)(6)

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.

§ 425(d)

§ 425(d)(1)

The President, or the designee of the President, shall issue regulations to implement this section.

§ 425(d)(2)

§ 425(d)(2)(A)

§ 425(d)(2)(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—

§ 425(d)(2)(B)(i)

would be equally effective for the implementation of the rights and protections under this section; and

§ 425(d)(2)(B)(ii)

would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.

§ 425(d)(3)

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.

§ 425(e)

Subsections (a) through (c) shall take effect on the earlier of—

§ 425(e)(1)

the effective date of regulations issued under subsection (d); or

§ 425(e)(2)

October 1, 1998.

Effective Date

Subsec. (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.

Part D— Labor-Management Relations

§ 431 — Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations

§ 431(a)

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.

§ 431(b)

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.

§ 431(c)

§ 431(c)(1)

The Federal Labor Relations Authority shall issue regulations to implement this section.

§ 431(c)(2)

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—

§ 431(c)(2)(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

§ 431(c)(2)(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.

§ 431(d)

§ 431(d)(1)

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—

§ 431(d)(1)(A)

§ 431(d)(1)(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—

§ 431(d)(1)(B)(i)

a conflict of interest or appearance of a conflict of interest; or

§ 431(d)(1)(B)(ii)

the President’s or Vice President’s constitutional responsibilities.

§ 431(d)(2)

The offices referred to in paragraph (1) include—

§ 431(d)(2)(A)

the White House Office;

§ 431(d)(2)(B)

the Executive Residence at the White House;

§ 431(d)(2)(C)

the Office of the Vice President;

§ 431(d)(2)(D)

the Office of Policy Development;

§ 431(d)(2)(E)

the Council of Economic Advisers;

§ 431(d)(2)(F)

the National Security Council;

§ 431(d)(2)(G)

the Office of Management and Budget; and

§ 431(d)(2)(H)

the Office of National Drug Control Policy.

§ 431(e)

§ 431(e)(1)

Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of—

§ 431(e)(1)(A)

the effective date of regulations issued under subsection (c); or

§ 431(e)(1)(B)

October 1, 1998.

§ 431(e)(2)

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—

§ 431(e)(2)(A)

the effective date of regulations issued under subsection (d); or

§ 431(e)(2)(B)

October 1, 1998.

Effective Date

Subsecs. (c) and (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.

Part E— General

§ 435 — Generally applicable remedies and limitations

§ 435(a)

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.

§ 435(b)

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.

§ 435(c)

Except as otherwise provided in this chapter, no civil penalty or punitive damages may be awarded with respect to any claim under this chapter.

§ 435(d)

§ 435(d)(1)

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.

§ 435(d)(2)

A covered employee under section 416 may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.

§ 435(e)

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.

§ 435(f)

§ 435(f)(1)

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.

§ 435(f)(2)

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.

§ 435(g)

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.

SUBCHAPTER III— ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION PROCEDURES

§ 451 — Procedure for consideration of alleged violations

The procedure for consideration of alleged violations of part A of subchapter II consists of—

§ 451(1)

counseling and mediation as provided in section 452; and

§ 451(2)

election, as provided in section 453, of either—

§ 451(2)(A)

an administrative proceeding as provided in section 453(1) and judicial review as provided in section 1296 of title 28; or

§ 451(2)(B)

a civil action in a district court of the United States as provided in section 1346(g) of title 28.

§ 452 — Counseling and mediation

§ 452(a)

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.

§ 452(b)

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.

Effective Date

Section effective Oct. 1, 1997, except that subsec. (a) of this section effective Oct. 26, 1996, see section 471 of this title.

§ 453 — Election of proceeding

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—

§ 453(1)

file a complaint with the appropriate agency, as determined under section 454; or

§ 453(2)

file a civil action under section 1346(g) of title 28.

§ 454 — Appropriate agencies

§ 454(a)

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.

§ 454(b)

§ 454(b)(1)

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).

§ 454(b)(2)

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.

§ 454(b)(3)

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.

Effective Date

Section effective Oct. 1, 1997, except that subsec. (a) of this section effective Oct. 26, 1996, see section 471 of this title.

§ 455 — Effect of failure to issue regulations

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.

§ 456 — Confidentiality

§ 456(a)

All counseling under section 452 shall be strictly confidential, except that, with the consent of the covered employee, the employing office may be notified.

§ 456(b)

All mediation under section 452 shall be strictly confidential.

SUBCHAPTER IV— EFFECTIVE DATE

§ 471 — Effective date

§ 471(a)

Except as otherwise provided in this chapter, this chapter shall take effect on October 1, 1997.

§ 471(b)

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.1