Title 3 USCTitle 3 Online@118-34not31 yes OLRC 2023-12-19T11:11:59 USCConverter 1.7.2  Title 3 THE PRESIDENT This title was enacted by act June 25, 1948, ch. 644,  1 62 Stat. 672 Current through 118-34not31    Chap. Sec.  1. Presidential Elections and Vacancies 1  2. Office and Compensation of President 101  3. Protection of the President; the White House Police 1 1 Pub. L. 109177 201  4. Delegation of Functions 301  5. Extension of Certain Rights and Protections to Presidential Offices 401  Editorial Notes Amendments 1996 Pub. L. 104331,  2(c) Oct. 26, 1996 110 Stat. 4068 1951 Act Oct. 31, 1951, ch. 655,  4 65 Stat. 711 Statutory Notes and Related Subsidiaries Positive Law; Citation This title has been made positive law by section 1 of act June 25, 1948, ch. 644 62 Stat. 672 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 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 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21 and 22 relating to performance of presidential duties in absence of both the President and Vice President were repealed by act July 18, 1947, ch. 264,  1(g) 61 Stat. 381       Table Showing Disposition of All Sections of Former Title  Title 3 Former Sections Revised Statutes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 61 Stat. 380 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  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  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 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    Sec.  1. Time of appointing electors.  2. Failure to make choice on prescribed day. 1 1 Pub. L. 117328  3. Number of electors.  4. Vacancies in electoral college.  5. Certificate of ascertainment of appointment of electors.  6. Duties of Archivist.  7. Meeting and vote of electors.  8. Manner of voting.  9. Certificates of votes for President and Vice President.  10. Sealing and endorsing certificates.  11. Transmission of certificates by electors.  12. Failure of certificates of electors to reach President of Senate or Archivist of the United States; demand on State for certificate. 2 2  13. Same; demand on district judge for certificate.  [ 14. Repealed.]  15. Counting electoral votes in Congress.  16. Same; seats for officers and Members of two Houses in joint session.  17. Same; limit of debate in each House.  18. Same; parliamentary procedure at joint session.  19. Vacancy in offices of both President and Vice President; officers eligible to act.  20. Resignation or refusal of office.  21. Definitions.  22. Severability.  Editorial Notes Amendments 2022 Pub. L. 117328, div. P Dec. 29, 2022 136 Stat. 5234 1984 Pub. L. 98497, title I,  107(e)(3) Oct. 19, 1984 98 Stat. 2292 1961 Pub. L. 87389,  2(b) Oct. 4, 1961 75 Stat. 820 1951 Act Oct. 31, 1951, ch. 655,  5 65 Stat. 711  1. Time of appointing electors  The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day. (Added Pub. L. 117328, div. P, title I,  102(a) Dec. 29, 2022 136 Stat. 5233  Editorial Notes Prior Provisions A prior section 1, act June 25, 1948, ch. 644 62 Stat. 672 Pub. L. 117328, div. P, title I,  102(a) Dec. 29, 2022 136 Stat. 5233 Statutory Notes and Related Subsidiaries Short Title of 2022 Amendment Pub. L. 117328, div. P,  1 Dec. 29, 2022 136 Stat. 5233 This division [enacting this section and section 22 of this title section 102 of this title Pub. L. 117328, div. P, title I,  101 Dec. 29, 2022 136 Stat. 5233 This title [enacting this section and section 22 of this title Pub. L. 117328, div. P, title II,  201 Dec. 29, 2022 136 Stat. 5241 This title [amending provisions set out as a note under section 102 of this title Short Title of 2020 Amendment Pub. L. 116121,  1 Mar. 3, 2020 134 Stat. 138 This Act [amending provisions set out as a note under section 102 of this title Short Title of 2010 Amendment Pub. L. 111283,  1 Oct. 15, 2010 124 Stat. 3045 This Act [enacting provisions set out as a note under section 102 of this title section 102 of this title section 1101 of Title 5 section 435b of Title 50 Short Title of 1996 Amendment Pub. L. 104331,  1(a) Oct. 26, 1996 110 Stat. 4053 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 section 401 of this title section 1219 of Title 2 section 1296 of Title 28 Short Title of 1988 Amendment Pub. L. 100398,  1 Aug. 17, 1988 102 Stat. 985 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 Constitutional Provisions Time of choosing electors, see Const. Art. 2,  1, cl. 3. [ 2. Repealed. Pub. L. 117328, div. P, title I,  102(a) Dec. 29, 2022 136 Stat. 5233   Section, act June 25, 1948, ch. 644 62 Stat. 672  3. Number of electors  The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. ( June 25, 1948, ch. 644 62 Stat. 672  4. Vacancies in electoral college  Each State may, by law enacted prior to election day, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. ( June 25, 1948, ch. 644 62 Stat. 673 Pub. L. 117328, div. P, title I,  103 Dec. 29, 2022 136 Stat. 5234  Editorial Notes Amendments 2022 Pub. L. 117328  5. Certificate of ascertainment of appointment of electors (a)  In General. (1)  Certification Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day. (2)  Form of certificate Each certificate of ascertainment of appointment of electors shall (A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; (B) bear the seal of the State; and (C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate. (b)  Transmission It shall be the duty of the executive of each State (1) to transmit to the Archivist of the United States, immediately after the issuance of a certificate of ascertainment of appointment of electors and by the most expeditious method available, such certificate of ascertainment of appointment of electors; and (2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate. (c)  Treatment of Certificate as Conclusive For purposes of section 15: (1)  In general. (A)  Certificate issued by executive Except as provided in subparagraph (B), a certificate of ascertainment of appointment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors appointed by the State. (B)  Certificates issued pursuant to court orders Any certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section. (2)  Determination of federal questions The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of ascertainment of appointment of electors shall be conclusive in Congress. (d)  Venue and Expedited Procedure. (1)  In general Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under subsection (b), shall be subject to the following rules: (A)  Venue The venue for such action shall be the Federal district court of the Federal district in which the State capital is located. (B) 3 -judge panel Such action shall be heard by a district court of three judges, convened pursuant to section 2284 of title 28 (i) the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought; and (ii) section 2284(b)(2) of such title shall not apply. (C)  Expedited procedure It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States. (D)  Appeals Notwithstanding section 1253 of title 28 (2)  Rule of construction This subsection (A) shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States; and (B) shall not be construed to preempt or displace any existing State or Federal cause of action. ( June 25, 1948, ch. 644 62 Stat. 673 Pub. L. 117328, div. P, title I,  104(a) Dec. 29, 2022 136 Stat. 5234  Editorial Notes Amendments 2022 Pub. L. 117328  6. Duties of Archivist The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall (1) be preserved for one year; (2) be a part of the public records of such office; and (3) be open to public inspection. ( June 25, 1948, ch. 644 62 Stat. 673 Oct. 31, 1951, ch. 655,  6 65 Stat. 711 Pub. L. 98497, title I,  107(e)(1) Oct. 19, 1984 98 Stat. 2291 Pub. L. 117328, div. P, title I,  105(a) Dec. 29, 2022 136 Stat. 5236  Editorial Notes Amendments 2022 Pub. L. 117328 1984 Pub. L. 98497 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98497 Apr. 1, 1985 section 301 of Pub. L. 98497 section 2102 of Title 44  7. Meeting and vote of electors  The electors of President and Vice President of each State shall meet and give their votes on the first Tuesday after the second Wednesday in December next following their appointment at such place in each State in accordance with the laws of the State enacted prior to election day. ( June 25, 1948, ch. 644 62 Stat. 673 Pub. L. 117328, div. P, title I,  106(a) Dec. 29, 2022 136 Stat. 5236  Editorial Notes Amendments 2022 Pub. L. 117328 Constitutional Provisions Day of voting by electors, see Const. Art. II,  1, cl. 3. Voting by electors, see Const. Amend. XII.  8. Manner of voting  The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution. ( June 25, 1948, ch. 644 62 Stat. 674  9. Certificates of votes for President and Vice President  The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates of votes one of the certificates of ascertainment of appointment of electors which shall have been furnished to them by direction of the executive of the State. ( June 25, 1948, ch. 644 62 Stat. 674 Pub. L. 117328, div. P, title I,  104(c)(1) Dec. 29, 2022 136 Stat. 5236  Editorial Notes Amendments 2022 Pub. L. 117328  10. Sealing and endorsing certificates  The electors shall seal up the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein. ( June 25, 1948, ch. 644 62 Stat. 674 Pub. L. 117328, div. P, title I,  106(b) Dec. 29, 2022 136 Stat. 5236  Editorial Notes Amendments 2022 Pub. L. 117328  11. Transmission of certificates by electors The electors shall immediately transmit at the same time and by the most expeditious method available the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, as follows: (1) One set shall be sent to the President of the Senate at the seat of government. (2) Two sets shall be sent to the chief election officer of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by such official for one year and shall be a part of the public records of such office and shall be open to public inspection. (3) Two sets shall be sent to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate and the other of which shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of such office and shall be open to public inspection. (4) One set shall be sent to the judge of the district in which the electors shall have assembled. ( June 25, 1948, ch. 644 62 Stat. 674 Oct. 31, 1951, ch. 655,  7 65 Stat. 712 Pub. L. 98497, title I,  107(e)(1) Oct. 19, 1984 98 Stat. 2291 Pub. L. 117328, div. P, title I,  107(a) Dec. 29, 2022 136 Stat. 5236  Editorial Notes Amendments 2022 Pub. L. 117328 1984 Pub. L. 98497 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98497 Apr. 1, 1985 section 301 of Pub. L. 98497 section 2102 of Title 44  12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate  When, after the meeting of the electors shall have been held, no certificate of vote mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the chief election officer of the State to send up the certificate lodged with such officer by the electors of such State; and it shall be the duty of such chief election officer of the State upon receipt of such request immediately to transmit same by the most expeditious method available to the President of the Senate at the seat of government. ( June 25, 1948, ch. 644 62 Stat. 674 Oct. 31, 1951, ch. 655,  8 65 Stat. 712 Pub. L. 98497, title I,  107(e)(1) Oct. 19, 1984 98 Stat. 2291 Pub. L. 117328, div. P, title I,  108(a) Dec. 29, 2022 136 Stat. 5237  Editorial Notes Amendments 2022 Pub. L. 117328,  108(a)(1) Pub. L. 117328,  108(a)(5) 1984 Pub. L. 98497 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98497 Apr. 1, 1985 section 301 of Pub. L. 98497 section 2102 of Title 44  13. Same; demand on district judge for certificate  When, after the meeting of the electors shall have been held, no certificates of votes from any State shall have been received at the seat of government on the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that certificate by the hand of such messenger to the seat of government. ( June 25, 1948, ch. 644 62 Stat. 674 Oct. 31, 1951, ch. 655,  9 65 Stat. 712 Pub. L. 98497, title I,  107(e)(1) Oct. 19, 1984 98 Stat. 2291 Pub. L. 117328, div. P, title I,  108(b) Dec. 29, 2022 136 Stat. 5237  Editorial Notes Amendments 2022 Pub. L. 117328 1984 Pub. L. 98497 1951Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98497 Apr. 1, 1985 section 301 of Pub. L. 98497 section 2102 of Title 44 [ 14. Repealed. Pub. L. 117328, div. P, title I,  108(c)(1) Dec. 29, 2022 136 Stat. 5237   Section, act June 25, 1948, ch. 644 62 Stat. 675  15. Counting electoral votes in Congress (a)  In General Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 oclock in the afternoon on that day, and the President of the Senate shall be their presiding officer. (b)  Powers of the President of Senate. (1)  Ministerial in nature Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint session shall be limited to performing solely ministerial duties. (2)  Powers explicitly denied The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper certificate of ascertainment of appointment of electors, the validity of electors, or the votes of electors. (c)  Appointment of Tellers At the joint session of the Senate and House of Representatives described in subsection (a), there shall be present two tellers previously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Representatives by the presiding officers of the respective chambers. (d)  Procedure at Joint Session Generally. (1)  In general The President of the Senate shall (A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and (B) upon opening any certificate, hand the certificate and any accompanying papers to the tellers, who shall read the same in the presence and hearing of the two Houses. (2)  Action on certificate. (A)  In general Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any. (B)  Requirements for objections or questions. (i)  Objections No objection or other question arising in the matter shall be in order unless the objection or question (I) is made in writing; (II) is signed by at least one-fifth of the Senators duly chosen and sworn and one-fifth of the Members of the House of Representatives duly chosen and sworn; and (III) in the case of an objection, states clearly and concisely, without argument, one of the grounds listed under clause (ii). (ii)  Grounds for objections The only grounds for objections shall be as follows: (I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1). (II) The vote of one or more electors has not been regularly given. (C)  Consideration of objections and questions. (i)  In general When all objections so made to any vote or paper from a State, or other question arising in the matter, shall have been received and read, the Senate shall thereupon withdraw, and such objections and questions shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections and questions to the House of Representatives for its decision. (ii)  Determination No objection or any other question arising in the matter may be sustained unless such objection or question is sustained by separate concurring votes of each House. (D)  Reconvening When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No vote or paper from any other State shall be acted upon until the objections previously made to any vote or paper from any State, and other questions arising in the matter, shall have been finally disposed of. (e)  Rules for Tabulating Votes. (1)  Counting of votes. (A)  In general Except as provided in subparagraph (B) (i) only the votes of electors who have been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and (ii) no vote of an elector described in clause (i) which has been regularly given shall be rejected. (B)  Exception The vote of an elector who has been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5 shall not be counted if (i) there is an objection which meets the requirements of subsection (d)(2)(B)(i); and (ii) each House affirmatively sustains the objection as valid. (2)  Determination of majority If the number of electors lawfully appointed by any State pursuant to a certificate of ascertainment of appointment of electors that is issued under section 5 is fewer than the number of electors to which the State is entitled under section 3, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the purpose of determining a majority of the whole number of electors appointed as required by the Twelfth Amendment to the Constitution shall be reduced by the number of electors whom the State has failed to appoint or as to whom the objection was sustained. (3)  List of votes by tellers; declaration of winner The tellers shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. ( June 25, 1948, ch. 644 62 Stat. 675 Pub. L. 117328, div. P, title I,  109(a) Dec. 29, 2022 136 Stat. 5237  Editorial Notes Amendments 2022 Pub. L. 117328 Statutory Notes and Related Subsidiaries Counting of Electoral Votes 2013 Pub. L. 112228,  1 Dec. 28, 2012 126 Stat. 1610 The meeting of the Senate and House of Representatives to be held in January 2013 pursuant to section 15 of title 3 January 4, 2013 2009 Pub. L. 110430,  2 Oct. 15, 2008 122 Stat. 4846 The meeting of the Senate and House of Representatives to be held in January 2009 pursuant to section 15 of title 3 January 8, 2009 1997 Pub. L. 104296,  2 Oct. 11, 1996 110 Stat. 3558 The meeting of the Senate and House of Representatives to be held in January 1997 pursuant to section 15 of title 3 January 9, 1997 1989 Pub. L. 100646 Nov. 9, 1988 102 Stat. 3341 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. 98456 Oct. 9, 1984 98 Stat. 1748 That, in carrying out the procedure set forth in section 15 of title 3  16. Same; seats for officers and Members of two Houses in joint session  At such joint session of the two Houses seats shall be provided as follows: For the President of the Senate, the Speakers 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 Clerks desk; for the other officers of the two Houses, in front of the Clerks desk and upon each side of the Speakers 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 oclock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first session of the two Houses, no further or other recess shall be taken by either House. ( June 25, 1948, ch. 644 62 Stat. 676 Pub. L. 117328, div. P, title I,  110(c)(1) Dec. 29, 2022 136 Stat. 5240  Editorial Notes Amendments 2022 Pub. L. 117328  17. Same; limit of debate in each House When the two Houses separate to decide upon an objection pursuant to section 15(d)(2)(C)(i) that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter (1) all such objections and questions permitted with respect to such State shall be considered at such time; (2) each Senator and Representative may speak to such objections or questions for up to five minutes, and not more than once; (3) the total time for debate for all such objections and questions with respect to such State shall not exceed two hours in each House, equally divided and controlled by the Majority Leader and Minority Leader, or their respective designees; and (4) at the close of such debate, it shall be the duty of the presiding officer of each House to put each of the objections and questions to a vote without further debate. ( June 25, 1948, ch. 644 62 Stat. 676 Pub. L. 117328, div. P, title I,  110(a) Dec. 29, 2022 136 Stat. 5240  Editorial Notes Amendments 2022 Pub. L. 117328  18. Same; parliamentary procedure at joint session  While the two Houses shall be in session as provided in this chapter, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw under section 15(d)(2)(C)(i). ( June 25, 1948, ch. 644 62 Stat. 676 Sept. 3, 1954, ch. 1263,  3 68 Stat. 1227 Pub. L. 117328, div. P, title I,  110(b) Dec. 29, 2022 136 Stat. 5240  Editorial Notes Amendments 2022 Pub. L. 117328,  110(c)(2) Pub. L. 117328,  110(b) 1954Act Sept. 3, 1954  19. Vacancy in offices of both President and Vice President; officers eligible to act (a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. (b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that (1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and (2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. (d) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security. (2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. (3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. (e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. (f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President. ( June 25, 1948, ch. 644 62 Stat. 677 Pub. L. 89174,  6(a) Sept. 9, 1965 79 Stat. 669 Pub. L. 89670,  10(a) Oct. 15, 1966 80 Stat. 948 Pub. L. 91375,  6(b) Aug. 12, 1970 84 Stat. 775 Pub. L. 9591, title VII,  709(g) Aug. 4, 1977 91 Stat. 609 Pub. L. 9688, title V,  508(a) Oct. 17, 1979 93 Stat. 692 Pub. L. 100527,  13(a) Oct. 25, 1988 102 Stat. 2643 Pub. L. 109177, title V,  503 Mar. 9, 2006 120 Stat. 247  Editorial Notes Amendments 2006Subsec. (d)(1). Pub. L. 109177 1988Subsec. (d)(1). Pub. L. 100527 1979Subsec. (d)(1). Pub. L. 9688 1977Subsec. (d)(1). Pub. L. 9591 1970Subsec. (d)(1). Pub. L. 91375 1966Subsec. (d)(1). Pub. L. 89670 1965Subsec. (d)(1). Pub. L. 89174 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100527 Mar. 15, 1989 section 18(a) of Pub. L. 100527 section 301 of Title 38 Effective Date of 1979 Amendment Amendment by Pub. L. 9688 May 4, 1980 section 601 of Pub. L. 9688 section 3401 of Title 20 Effective Date of 1970 Amendment Amendment by Pub. L. 91375 Aug. 12, 1970 section 15(a) of Pub. L. 91375 section 101 of Title 39 Effective Date of 1966 Amendment Amendment by Pub. L. 89670 Apr. 1, 1967 Pub. L. 89670 Mar. 30, 1967 Effective Date of 1965 Amendment Amendment by Pub. L. 89174 Sept. 9, 1965 section 11(a) of Pub. L. 89174 section 3531 of Title 42  20. Resignation or refusal of office  The only evidence of a refusal to accept, or of a resignation of the office of President or Vice President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State. ( June 25, 1948, ch. 644 62 Stat. 678  Statutory Notes and Related Subsidiaries Presidential Recordings and Materials Preservation Act For protection and preservation of tape recordings of conversations involving former President Richard M. Nixon, see sections 101 to 106 of Pub. L. 93526 section 2107 of Title 44  21. Definitions As used in this chapter the term (1) election day means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, election day shall include the modified period of voting. (2) State includes the District of Columbia. (3) executive means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter. (Added Pub. L. 87389,  2(a) Oct. 4, 1961 75 Stat. 820 Pub. L. 117328, div. P, title I Dec. 29, 2022 136 Stat. 5233  Editorial Notes Amendments 2022 Pub. L. 117328,  102(b) Par. (3). Pub. L. 117328,  104(b) Executive Documents  Transfer of Functions Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 81 Stat. 948 Jan. 2, 1975 Pub. L. 93198, title VII,  711 Dec. 24, 1973 87 Stat. 818 section 421 of Pub. L. 93198  22. Severability  If any provision of this chapter, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this chapter, and the application of the provisions to any person or circumstance, shall not be affected by the holding. (Added Pub. L. 117328, div. P, title I,  111(a) Dec. 29, 2022 136 Stat. 5240 CHAPTER 2 OFFICE AND COMPENSATION OF PRESIDENT    Sec.  101. Commencement of term of office.  102. Compensation of the President.  103. Traveling expenses.  104. Salary of the Vice President.  105. Assistance and services for the President.  106. Assistance and services for the Vice President.  107. Domestic Policy Staff and Office of Administration; personnel.  108. Assistance to the President for unanticipated needs.  109. Public property in and belonging to the Executive Residence at the White House.  110. Furniture for the Executive Residence at the White House.  111. Expense allowance of Vice President.  112. Detail of employees of executive departments.  113. Personnel report.  114. General pay limitation.  115. Veterans preference.  Editorial Notes Amendments 1998 Pub. L. 105339,  4(b)(2) Oct. 31, 1998 112 Stat. 3185 1978 Pub. L. 95570 Nov. 2, 1978 92 Stat. 2447 Statutory Notes and Related Subsidiaries Executive Office Personnel Background Investigations; Leaves of Absence Pub. L. 103329, title VI,  632 Sept. 30, 1994 108 Stat. 2425  (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 (2) has not, within 6 months of commencing such employment or by October 31, 1994 (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 section 542 of Title 6 Executive Documents REORGANIZATION PLAN NO. 1 OF 1977 91 Stat. 1633 Pub. L. 97195,  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 1 Sept. 15, 1977 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. 97195,  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 94282 90 Stat. 459 42 U.S.C. 6614(a)(2) 42 U.S.C. 6611 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 93577 88 Stat. 1878 42 U.S.C. 5910 F. Those functions of the Office of Management and Budget and its Director relating to the Committee Management Secretariat ( Public Law 92463 86 Stat. 770 Public Law 94409 90 Stat. 1247 5 U.S.C. 1006 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 Section 906 of Title 5 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 9517 5 U.S.C. 901912 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 Presidents 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 Presidents 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. OMBs 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 Presidents 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 Presidents 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 shouldand 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 Presidents 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 Presidents 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 Presidents, the Vice President requires a staff with expertise in diverse areas. Its basic functions should not be changed. However, I propose that certain support functionsinvolving accounting, personnel services, and supplybe 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 CEQs 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 CEQs 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 Presidents 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 OSTPs 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 Section 903(b) of Title 5 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 section 305 of Title 47  Ex. Ord. No. 12028. Office of Administration in Executive Office of President Ex. Ord. No. 12028, Dec. 12, 1977 Feb. 26, 1979 By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended [ act July 26, 1947, ch. 343 61 Stat. 495 31 U.S.C. 581c 31 U.S.C. 1531 October 21, 1977 Section December 4, 1977 Sec Sec (b) The common administrative support and services provided by the Office of Administration shall encompass all types of administrative support and services that may be used by, or useful to, units within the Executive Office of the President. Such services and support shall include, but not be limited to, providing support services in the following administrative areas: (1) personnel management services, including equal employment opportunity programs; (2) financial management services; (3) data processing, including support and services; (4) library, records, and information services; (5) office services and operations, including: mail, messenger, printing and duplication, graphics, word processing, procurement, and supply services; and (6) any other administrative support or service which will achieve financial savings and increase efficiency through centralization of the supporting service. (c) Administrative support and services shall be provided to all units within the Executive Office of the President in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 41 Stat. 613 31 U.S.C. 686 31 U.S.C. 1535 Sec (b) The Director is designated to perform the functions of the President under Section 107(b) of Title 3 (c) The Director may appoint and fix the pay of employees pursuant to the provisions of Section 107(b)(1)(A) of Title 3 Section 114 of Title 3 (d) The Director shall not be accountable for the program and management responsibilities of units within the Executive Office of the President; the head of each unit shall remain responsible for those functions. Sec Sec Sec (b) Such transfers shall become effective on April 1, 1978  Jimmy Carter.  Ex. Ord. No. 12045. Implementation of Reorganization Plan Relating to Domestic Council, Domestic Policy Staff, Office of Drug Abuse Policy, and Economic Opportunity Council Ex. Ord. No. 12045, Mar. 27, 1978 By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 ( October 21, 1977 31 U.S.C. 581c 31 U.S.C. 1531 Section 301 of Title 3 Section (b) The redesignation of the Domestic Council Staff as the Domestic Policy Staff and the other provisions of Section 1 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), are hereby effective. (c) The abolition of the Domestic Council, as provided by Section 3A of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (d) The Domestic Policy Staff shall perform such functions as the President may from time to time direct. Sec (b) The abolition of the Office of Drug Abuse Policy, as provided by Section 3B of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (c) The Domestic Policy Staff shall assist the President in the performance of the functions transferred by Section 5C of Reorganization Plan No. 1 of 1977 (42 F.R. 56101). Sec (b) The abolition of the Economic Opportunity Council, as provided by Section 3D Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. Sec Sec Sec Sec March 26, 1978  Jimmy Carter.  Executive Order No. 12133 Ex. Ord. No. 12133, May 9, 1979 June 24, 1982 section 1112 of Title 21  Ex. Ord. No. 12134. Transfer of Printing and Duplicating Service Activity of Office of Administration to Department of Navy Ex. Ord. No. 12134, May 9, 1979 By the authority vested in me as President by the Constitution and laws of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 ( 31 U.S.C. 581c 31 U.S.C. 1531 1101. (a) The primary responsibility for performing the common and usual administrative support and services that are related to printing and duplication and that are assigned to the Office of Administration in the Executive Office of the President by Section 3(b)(5) of Executive Order No. 12028, as amended [set out above], is transferred and reassigned to the Department of the Navy. (b) The Department of the Navy shall be primarily responsible for providing to the Office of Administration, both onsite and offsite, that common and usual administrative support and service related to printing and duplication. It shall be provided in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 41 Stat. 613 31 U.S.C. 686 31 U.S.C. 1535 1102. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order, shall be transferred to the Department of the Navy. 1103. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. 1104. Such transfers shall be effective on May 6, 1979  Jimmy Carter.  Ex. Ord. No. 12859. Establishment of Domestic Policy Council Ex. Ord. No. 12859, Aug. 16, 1993 Jan. 23, 2003 Feb. 5, 2009 Apr. 5, 2011 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 105, 107, and 301 of title 3, United States Code, it is hereby ordered as follows: Section Establishment Sec Membership (a) President, who shall serve as a Chairman of the Council; (b) Vice President; (c) Secretary of Health and Human Services; (d) Attorney General; (e) Secretary of Labor; (f) Secretary of Veterans Affairs; (g) Secretary of the Interior; (h) Secretary of Education; (i) Secretary of Housing and Urban Development; (j) Secretary of Agriculture; (k) Secretary of Transportation; ( l (m) Secretary of Energy; (n) Secretary of the Treasury; ( o (p) Administrator of the Environmental Protection Agency; (q) Chair of the Council of Economic Advisers; (r) Director of the Office of Management and Budget; (s) Assistant to the President for Economic Policy; (t) Assistant to the President for Domestic Policy; (u) Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison; (v) Chair of the Council on Environmental Quality; (w) Director, Office of National Drug Control Policy; (x) Assistant to the President and Chief Technology Officer; (y) Chief Executive Officer, Corporation for National and Community Service[;] (z) Director of the Office of Science and Technology Policy; and (aa) Such other officials of Executive departments and agencies as the President may, from time to time, designate. Sec Meeting of the Council Sec Functions (b) All executive departments and agencies, whether or not represented on the Council, shall coordinate domestic policy through the Council. (c) In performing the foregoing functions, the Assistant will, when appropriate, work with the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy. Sec Administration (b) The Council shall have a staff to be headed by the Assistant to the President for Domestic Policy. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order. (c) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.  Executive Order No. 13199 Ex. Ord. No. 13199, Jan. 29, 2001 Feb. 5, 2009 May 3, 2018  Executive Order No. 13283 Ex. Ord. No. 13283, Jan. 21, 2003 Sept. 29, 2005 section 1013 of Title 5  Executive Order No. 13498 Ex. Ord. No. 13498, Feb. 5, 2009 May 3, 2018 [For extensions of term of the Presidents Advisory Council on Faith-Based and Neighborhood Partnerships, see Ex. Ord. Nos. 13569 and 13640, set out below, and Executive Orders listed after Ex. Ord. No. 13640.]  Ex. Ord. No. 13503. Establishment of the White House Office of Urban Affairs Ex. Ord. No. 13503, Feb. 19, 2009 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to take a coordinated and comprehensive approach to developing and implementing an effective strategy concerning urban America, it is hereby ordered as follows: Section Policy Sec Establishment Sec Functions (a) to provide leadership for and coordinate the development of the policy agenda for urban America across executive departments and agencies; (b) to coordinate all aspects of urban policy; (c) to work with executive departments and agencies to ensure that appropriate consideration is given by such departments and agencies to the potential impact of their actions on urban areas; (d) to work with executive departments and agencies, including the Office of Management and Budget, to ensure that Federal Government dollars targeted to urban areas are effectively spent on the highest-impact programs; and (e) to engage in outreach and work closely with State and local officials, with nonprofit organizations, and with the private sector, both in seeking input regarding the development of a comprehensive urban policy and in ensuring that the implementation of Federal programs advances the objectives of that policy. Sec Coordination (a) the Department of the Treasury; (b) the Department of Justice; (c) the Department of Commerce; (d) the Department of Labor; (e) the Department of Health and Human Services; (f) the Department of Housing and Urban Development; (g) the Department of Transportation; (h) the Department of Energy; (i) the Department of Education; and (j) the Environmental Protection Agency. Sec Administration (b) The Office shall have a staff headed by the Deputy Assistant to the President and Director of Urban Affairs (Director). The Director shall report jointly to the Assistant to the President for Intergovernmental Affairs and Public Liaison and to the Assistant to the President for Domestic Policy. The Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order. (c) All executive departments and agencies shall cooperate with the Office and provide such information, support, and assistance to the Office as the Director may request, to the extent permitted by law. Sec General Provisions (i) authority granted by law to a 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. (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.  Executive Order No. 13509 Ex. Ord. No. 13509, June 23, 2009 July 6, 2011 section 551 of Title 29  Ex. Ord. No. 13569. Amendments to Executive Orders 12824, 12835, 12859, and 13532, Reestablishment Pursuant to Executive Order 13498, and Revocation of Executive Order 13507 Ex. Ord. No. 13569, Apr. 5, 2011 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section section 2736 of Title 14 Sec section 1023 of Title 15 Sec Sec section 1060 of Title 20 Sec February 5, 2009 Sec section 201 of Title 42 Sec  Barack Obama.  Extension of Term of Presidents Advisory Council on Faith-Based and Neighborhood Partnerships Ex. Ord. No. 13640, Apr. 5, 2013 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 Section Continuing the Presidents Advisory Council on Faith-Based and Neighborhood Partnerships February 5, 2009 April 5, 2011 Sec General Provisions (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 Presidents Advisory Council on Faith-Based and Neighborhood Partnerships Term of Presidents Advisory Council on Faith-Based and Neighborhood Partnerships extended until Sept. 30, 2017 Sept. 30, 2015 section 1013 of Title 5 Previous extension of term of Presidents Advisory Council on Faith-Based and Neighborhood Partnerships was contained in the following prior Executive Order: Ex. Ord. No. 13652, Sept. 30, 2013 Sept. 30, 2015  Executive Order No. 13831 Ex. Ord. No. 13831, May 3, 2018 Feb. 14, 2021  Ex. Ord. No. 14015. Establishment of the White House Office of Faith-Based and Neighborhood Partnerships Ex. Ord. No. 14015, Feb. 14, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to better serve people in need through partnerships with civil society, while preserving our fundamental constitutional commitments, it is hereby ordered: Section Policy Sec. Establishment Sec. Functions (a) to assist in organizing more effective efforts to serve people in need across the country and around the world, in partnership with civil society, including faith-based and secular organizations; (b) to develop, lead, and coordinate the Administrations policy agenda affecting faith-based and other community programs and initiatives and to optimize the role of such efforts in communities; (c) to ensure that policy decisions and programs throughout the Federal Government are consistent with the policy set forth in section 1 of this order with respect to faith-based and other community initiatives; (d) to bring concerns, ideas, and policy options to Administration leadership for assisting, strengthening, and replicating partnerships, whether financial or nonfinancial, with faith-based and other community organizations; and (e) to promote awareness among diverse civil society leaders of opportunities to partnerboth financially and otherwisewith the Federal Government to serve people in need and to build institutional capacity. Sec. Administration (b) The White House Partnerships Office shall be led by an Executive Director and a Deputy Director. The operations of the White House Partnerships Office shall begin within 30 days of the date of this order [ Feb. 14, 2021 (c) The White House Partnerships Office shall coordinate with the liaison and point of contact designated by each executive department and agency (agency) with respect to this initiative. (d) All agencies shall cooperate with the White House Partnerships Office and provide such information, support, and assistance to the White House Partnerships Office as it may request, to the extent permitted by law. (e) In order to ensure that Federal programs and practices involving grants or contracts to faith-based organizations are consistent with applicable law, the Executive Director of the White House Partnerships Office, acting through the Counsel to the President, may seek the opinion of the Attorney General on any constitutional and statutory questions involving existing or prospective programs and practices. Sec. Amendments to Executive Orders section 601 of Title 5 Sec. Revocation May 3, 2018 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) 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.  J.R. Biden, Jr.  White House Task Force on Middle-Class Working Families Memorandum of President of the United States, Jan. 30, 2009 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 White House Task Force on Middle-Class Working Families (a) Membership of the Task Force (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 members 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 Sec Mission and Functions of the Task Force (a) expand education and lifelong training opportunities; (b) improve work and family balance; (c) restore labor standards, including workplace safety; (d) protect the incomes of middle-class working families; and (e) protect retirement security. Sec Outreach Sec Transparency and Reports Sec General Provisions (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 Publication  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. ( June 25, 1948, ch. 644 62 Stat. 678  Statutory Notes and Related Subsidiaries Short Title of 2000 Amendment Pub. L. 106293,  1 Oct. 12, 2000 114 Stat. 1035 This Act [amending provisions set out as a note under section 102 of this title Dwight D. Eisenhower Executive Office Building Pub. L. 10692 Nov. 9, 1999 113 Stat. 1309  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. 100461, title V,  590 Oct. 1, 1988 102 Stat. 226852 Pub. L. 10692,  2 Nov. 9, 1999 113 Stat. 1309  (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. Presidents Advisory Commission on Presidential Office Space Act Aug. 3, 1956, ch. 925 70 Stat. 979 Pub. L. 853 Jan. 25, 1957 71 Stat. 4 Aug. 3, 1956 Aug. 3, 1956 Aug. 3, 1956  102. Compensation of the President  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 ( June 25, 1948, ch. 644 62 Stat. 678 Jan. 19, 1949, ch. 2,  1(a) 63 Stat. 4 Oct. 20, 1951, ch. 521 65 Stat. 569 Pub. L. 911,  1 Jan. 17, 1969 83 Stat. 3 Pub. L. 95570,  5(a) Nov. 2, 1978 92 Stat. 2450 Pub. L. 10658, title VI,  644(a) Sept. 29, 1999 113 Stat. 478 Pub. L. 108199, div. F, title III,  301 Jan. 23, 2004 118 Stat. 326  Editorial Notes Amendments 2004 Pub. L. 108199 section 1552 of title 31 1999 Pub. L. 10658 1978 Pub. L. 95570 1969 Pub. L. 911 1951Act Oct. 20, 1951 1949Act Jan. 19, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Pub. L. 10658, title VI,  644(b) Sept. 29, 1999 113 Stat. 478 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. 95570,  6(a) Nov. 2, 1978 92 Stat. 2451 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 section 107 of this title October 1, 1978 Effective Date of 1969 Amendment Pub. L. 911,  2 Jan. 17, 1969 83 Stat. 3 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 The amendments made by subsections (a) and (b) of this section [amending this section and section 111 of this title January 20, 1953 January 3, 1953 Effective Date of 1949 Amendment Amendment by act Jan. 19, 1949 Jan. 19, 1949 Authorization of Transition Activities by the Incumbent Administration Pub. L. 111283,  3 Oct. 15, 2010 124 Stat. 3048 Pub. L. 114136,  2(c)(1) Mar. 18, 2016 130 Stat. 305 Disclosure of In-Kind Contributions to 19881989 Transition Pub. L. 100398,  5 Aug. 17, 1988 102 Stat. 987  (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. 88277 3 U.S.C. 102 November 9, 1988 January 20, 1989 (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 (2) made available to the public by the Administrator upon receipt by the Administrator. Presidential Transition Act of 1963 Pub. L. 88277 Mar. 7, 1964 78 Stat. 153 Pub. L. 94499 Oct. 14, 1976 90 Stat. 2380 Pub. L. 100398 Aug. 17, 1988 102 Stat. 985 Pub. L. 106293,  2 Oct. 12, 2000 114 Stat. 1035 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814 Pub. L. 108458, title VII,  7601(a) Dec. 17, 2004 118 Stat. 3856 Pub. L. 111283,  2(a) Oct. 15, 2010 124 Stat. 3045 Pub. L. 114136,  2(a) Mar. 18, 2016 130 Stat. 301 Pub. L. 116121,  2 Mar. 3, 2020 134 Stat. 138 Pub. L. 117328, div. P, title II,  202 Dec. 29, 2022 136 Stat. 5241  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 GS18: Provided Provided further (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. 73b2 section 5703 of title 5 (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 March 1, 1919 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 (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 (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 (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 (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 (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. 108458 50 U.S.C. 3341(c) (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 candidates 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. 108458 50 U.S.C. 3342 5 U.S.C. 1101 (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) (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 candidates 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 candidates 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 candidates 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) 52 U.S.C. 30101(8) 26 U.S.C. 9001 (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) 52 U.S.C. 30101(9) 26 U.S.C. 9002(11) (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) (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 (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 (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 Presidents 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 (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 (bb) persons registered under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 (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 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 candidates 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. 108458, title VII,  7601(d) Dec. 17, 2004 118 Stat. 3858 Notwithstanding section 351 [ Pub. L. 108458 section 3342 of Title 50 section 3 of Pub. L. 88277 Dec. 17, 2004 [ Pub. L. 100398,  2(b) Aug. 17, 1988 102 Stat. 985 The amendments made by subsection (a) of this section [renumbering and amending section 6 of Pub. L. 88277 Aug. 17, 1988 section 6 of Pub. L. 88277 October 1, 1989 [ Pub. L. 94499,  3 Oct. 14, 1976 90 Stat. 2380 section 5 of Pub. L. 88277 section 1 of Pub. L. 94499 Oct. 14, 1976 [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 section 542 of Title 6 [References in laws to the rates of pay for GS16, 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. 101509 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 Compensation of the President Pub. L. 109115, div. A, title V Nov. 30, 2005 119 Stat. 2472 Pub. L. 108447, div. H, title III Dec. 8, 2004 118 Stat. 3246 Pub. L. 108199, div. F, title III Jan. 23, 2004 118 Stat. 321 Pub. L. 1087, div. J, title III Feb. 20, 2003 117 Stat. 442 Pub. L. 10767, title III Nov. 12, 2001 115 Stat. 526 Pub. L. 106554,  1(a)(3) [title III] Dec. 21, 2000 114 Stat. 2763 Pub. L. 10658, title III Sept. 29, 1999 113 Stat. 444 Pub. L. 105277, div. A,  101(h) [title III] Oct. 21, 1998 112 Stat. 2681480 Pub. L. 10561, title III Oct. 10, 1997 111 Stat. 1290 Pub. L. 104208, div. A, title I,  101(f) [title III] Sept. 30, 1996 110 Stat. 3009 Pub. L. 10452, title III Nov. 19, 1995 109 Stat. 477 Pub. L. 103329, title III Sept. 30, 1994 108 Stat. 2392 Pub. L. 103123, title III Oct. 28, 1993 107 Stat. 1235 Pub. L. 102393, title III Oct. 6, 1992 106 Stat. 1738 Pub. L. 102141, title III Oct. 28, 1991 105 Stat. 844 Pub. L. 101509, title III Nov. 5, 1990 104 Stat. 1399 Pub. L. 101136, title III Nov. 3, 1989 103 Stat. 790 Pub. L. 100440, title III Sept. 22, 1988 102 Stat. 1728 Pub. L. 100202,  101(m) [title III] Dec. 22, 1987 101 Stat. 1329390 Pub. L. 99500,  101(m) [title III] Oct. 18, 1986 100 Stat. 1783308 Pub. L. 99591,  101(m) [title III,  301] Oct. 30, 1986 100 Stat. 3341308 Pub. L. 99190,  101(h) [H.R. 3036, title III] Dec. 19, 1985 99 Stat. 1291 Pub. L. 98473,  101(j) [H.R. 5798, title III] Oct. 12, 1984 98 Stat. 1963 Pub. L. 98151,  101(f) [H.R. 4139, title III] Nov. 14, 1983 97 Stat. 973 Pub. L. 97377, title I,  101(a) [incorporating H.R. 4121, title III, for FY 1982] Dec. 21, 1982 96 Stat. 1830 Pub. L. 9792,  101(a) [H.R. 4121, title III] Dec. 15, 1981 95 Stat. 1183 Pub. L. 96536,  101(a) [incorporating Pub. L. 9674, title III] Dec. 16, 1980 94 Stat. 3166 Pub. L. 9674, title III Sept. 29, 1979 93 Stat. 563 Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widows Allowance, Termination; Former President Defined Pub. L. 85745 Aug. 25, 1958 72 Stat. 838 Pub. L. 86682,  12(c) Sept. 2, 1960 74 Stat. 730 Pub. L. 88426, title I,  124 Aug. 14, 1964 78 Stat. 412 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 660 Pub. L. 90206, title II,  224(c) Dec. 16, 1967 81 Stat. 642 Pub. L. 91231,  7 Apr. 15, 1970 84 Stat. 198 Pub. L. 91658,  6 Jan. 8, 1971 84 Stat. 1963 Pub. L. 95138,  1 Oct. 18, 1977 91 Stat. 1170 Pub. L. 103123, title IV,  6(a) Oct. 28, 1993 107 Stat. 1246 Pub. L. 103329, title V,  531 Sept. 30, 1994 108 Stat. 2413 Pub. L. 10452, title V,  523 Nov. 19, 1995 109 Stat. 495 Pub. L. 10561, title IV,  409(a) Oct. 10, 1997 111 Stat. 1299 Pub. L. 108447, div. H, title V,  526 Dec. 8, 2004 118 Stat. 3271  (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 (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 (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. 86682,  12(c) Sept. 2, 1960 74 Stat. 730 (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 [ Pub. L. 95138,  2 Oct. 18, 1977 91 Stat. 1170 The amendment made by the first section of this Act [amending Pub. L. 87745 October 1, 1977 [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 section 542 of Title 6  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. ( June 25, 1948, ch. 644 62 Stat. 678 Pub. L. 95570,  4 Nov. 2, 1978 92 Stat. 2450  Editorial Notes Amendments 1978 Pub. L. 95570 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95570 Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title  104. Salary of the Vice President (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 (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 ( June 25, 1948, ch. 644 62 Stat. 678 Jan. 19, 1949, ch. 2,  1(b) 63 Stat. 4 Mar. 2, 1955, ch. 9,  4(c) 69 Stat. 11 Pub. L. 88426, title III,  304(a) Aug. 14, 1964 78 Stat. 422 Pub. L. 9167,  1 Sept. 15, 1969 83 Stat. 106 Pub. L. 9482, title II,  203 Aug. 9, 1975 89 Stat. 420 Pub. L. 97257, title I,  105(b) Sept. 10, 1982 96 Stat. 849 Pub. L. 101194, title VII,  704(a)(2)(A) Nov. 30, 1989 103 Stat. 1769 Pub. L. 101509, title V,  529 [title I,  101(b)(4)(I)] Nov. 5, 1990 104 Stat. 1427 Pub. L. 103356, title I,  101(2) Oct. 13, 1994 108 Stat. 3410  Editorial Notes  References in Text The General Schedule, referred to in text, is set out under section 5332 of Title 5 Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of Pub. L. 101194 section 5318 of Title 5 Amendments 1994 Pub. L. 103356 1990 Pub. L. 101509 1989 Pub. L. 101194 section 5305 of title 5 1982 Pub. L. 97257 1975 Pub. L. 9482 1969 Pub. L. 9167 1964 Pub. L. 88426 1955Act Mar. 2, 1955 1949Act Jan. 19, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Pub. L. 103356, title I,  101 Oct. 13, 1994 108 Stat. 3410 Dec. 31, 1994 Effective Date of 1990 Amendment Amendment by Pub. L. 101509 Nov. 5, 1990 Pub. L. 101509 section 5301 of Title 5 Effective Date of 1989 Amendment Amendment by Pub. L. 101194 Jan. 1, 1991 section 704(b) of Pub. L. 101194 section 5318 of Title 5 Effective Date of 1982 Amendment Amendment by Pub. L. 97257 section 105(c) of Pub. L. 97257 section 4591 of Title 2 Effective Date of 1969 Amendment Pub. L. 9167,  3 Sept. 15, 1969 83 Stat. 107 The amendments made by this Act [amending this section and section 4501 of Title 2 March 1, 1969 Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 504 of Pub. L. 88426 Effective Date of 1955 Amendment Amendment by act Mar. 2, 1955 Mar. 1, 1955 section 4501 of Title 2 Effective Date of 1949 Amendment Amendment by act Jan. 19, 1949 Jan. 20, 1949 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 For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2 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 Executive Documents  Adjustment of Pay Rates For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5  105. Assistance and services for the President (a) (1) Subject to the provisons 1 1 (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than (A) 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5 (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 (C) 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS18 of the General Schedule of section 5332 of title 5 (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 GS16 of the General Schedule of section 5332 of title 5 (b) (1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the Executive Residence at the White House without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe. (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than (A) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS18 of the General Schedule of section 5332 of title 5 (B) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS16 of the General Schedule of section 5332 of title 5 (c) The President is authorized to procure for the White House Office and the Executive Residence at the White House, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5 (1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5 (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 GS18 of the General Schedule of section 5332 of title 5 Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured for a period in excess of one year if the President determines such procurement is necessary. (d) There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for (1) the care, maintenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House; (2) the official expenses of the White House Office; (3) the official entertainment expenses of the President; (4) the official entertainment expenses for allocation within the Executive Office of the President; and (5) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President. Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5) may be expended as the President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3), or (5). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose. (e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the Presidents 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 Presidents family whom the President designates. ( June 25, 1948, ch. 644 62 Stat. 678 Oct. 15, 1949, ch. 695,  2(a) 63 Stat. 880 July 31, 1956, ch. 804 70 Stat. 740 Pub. L. 87367, title III,  303(h) Oct. 4, 1961 75 Stat. 794 Pub. L. 88426, title III,  304(b) Aug. 14, 1964 78 Stat. 422 Pub. L. 90222, title I,  111(c) Dec. 23, 1967 81 Stat. 726 Pub. L. 95570,  1(a) Nov. 2, 1978 92 Stat. 2445  Editorial Notes Amendments 1978 Pub. L. 95570 1967 Pub. L. 90222 1964 Pub. L. 88426 1961 Pub. L. 87367 1956Act July 31, 1956 1949Act Oct. 15, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95570 Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Effective Date of 1967 Amendment Amendment by Pub. L. 90222 Pub. L. 90222 Dec. 23, 1967 section 401 of Pub. L. 90222 section 2702 of Title 42 Effective Date of 1964 Amendment Amendment by Pub. L. 88426 July 1, 1964 section 501(c) of Pub. L. 88426 section 501 of Pub. L. 88426 Effective Date of 1961 Amendment Amendment by Pub. L. 87367 Oct. 4, 1961 section 305 of Pub. L. 87367 Effective Date of 1956 Amendment Amendment by act July 31, 1956 June 30, 1956 July 31, 1956 Effective Date of 1949 Amendment Amendment by act Oct. 15, 1949 Oct. 15, 1949 section 273 of Title 2 Repeals Act July 31, 1956, ch. 804, title I,  109 70 Stat. 740 Pub. L. 88426, title III,  305(1) Aug. 14, 1964 78 Stat. 422 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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. 101509 section 5376 of Title 5 Executive Documents  Abolition of National Aeronautics and Space Council National Aeronautics and Space Council, including office of Executive Secretary of Council, together with functions of Council, abolished by section 3(a)(4) of 1973 Reorg. Plan No. 1, effective July 1, 1973  106. Assistance and services for the Vice President (a) In order to enable the Vice President to provide assistance to the President in connection with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and responsibilities, the Vice President is authorized (1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than (A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5 (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 (C) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS18 of the General Schedule of section 5332 of title 5 (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 GS16 of the General Schedule of section 5332 of title 5 (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 section 5313 of title 5 Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess of one year if the Vice President determines such procurement is necessary. (b) In order to carry out the executive duties and responsibilities referred to in subsection (a), there are authorized to be appropriated each fiscal year to the Vice President such sums as may be necessary for (1) the official expenses of the Office of the Vice President; (2) the official entertainment expenses of the Vice President; and (3) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice President. Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be expended as the Vice President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the Vice President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (2) or (3). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose. (c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice President in connection with assistance provided by such spouse to the Vice President in the discharge of the Vice Presidents 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 Presidents family whom the Vice President designates. ( June 25, 1948, ch. 644 62 Stat. 678 Oct. 15, 1949, ch. 695,  2(b) 63 Stat. 880 Pub. L. 95570,  1(a) Nov. 2, 1978 92 Stat. 2446  Editorial Notes Amendments 1978 Pub. L. 95570 1949Act Oct. 15, 1949 section 105 of this title Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95570 Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Effective Date of 1949 Amendment Amendment by act Oct. 15, 1949 Oct. 15, 1949 section 273 of Title 2 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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. 101509 section 5376 of Title 5 Former Presidents Office Staff See note under section 102 of this title Executive Documents  Ex. Ord. No. 11456. Special Assistant to the President for Liaison With Former Presidents Ex. Ord. No. 11456, Feb. 14, 1969 By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: Section Sec (b) The Special Assistant shall also (1) Keep each former President currently informed of the major aspects of such principal international and domestic problems as the President directs; (2) Arrange to secure from such former Presidents, or any of them, and convey to the President, their views on such issues as the President may designate; and (3) Arrange to secure and convey to the President such views as any of the former Presidents may wish to communicate to the President on any issue of current interest or concern. Sec (b) Upon request of the Special Assistant, the head of any department or agency of the Federal Government shall designate a member of his staff as a point of contact to supply information and assistance for the Special Assistant in the performance of his duties in the same manner as provided in subsection (a) for staff members designated pursuant to that subsection. Sec Sec (b) The Special Assistant shall be provided with such office space as may be necessary to carry out his duties under this Order, and shall also be provided with such office space, and maintenance thereof, as may be necessary for the use of former Presidents at the seat of Government when they are engaged in any effort of interest or concern to the President. Sec (b) The General Services Administration shall provide, on a reimbursable basis, such administrative services and facilities for the Special Assistant as the White House Office may request.  Richard Nixon.  107. Domestic Policy Staff and Office of Administration; personnel (a) In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized (1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than (A) 6 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5 (B) 18 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS18 of the General Schedule of section 5332 of title 5 (C) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS16 of the General Schedule of section 5332 of title 5 (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 section 5314 of title 5 (b) (1) In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized (A) without regard to such other provisions of law as the President may specify which regulate the employment and compensation of persons in the Government service, to appoint and fix the pay of not more than (i) 5 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5 (ii) 5 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS18 of the General Schedule of section 5332 of title 5 (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 section 5332 of title 5 (2) In addition to any authority granted under paragraph (1) of this subsection, the President (or his designee) is authorized to employ individuals in the Office of Administration in accordance with section 3101 of title 5 section 114 of this title (c) There are authorized to be appropriated each fiscal year such sums as may be necessary for the official expenses of the Domestic Policy Staff and the Office of Administration. (Added Pub. L. 95570,  2(a) Nov. 2, 1978 92 Stat. 2448  Editorial Notes Prior Provisions A prior section 107, act June 25, 1948, ch. 644 62 Stat. 679 section 2(a) of Pub. L. 95570 section 112 of this title Statutory Notes and Related Subsidiaries Effective Date Section applicable to any fiscal year beginning on or after Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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. 101509 section 5376 of Title 5 Applicability of Subsec. (b) to Current Employees of Office of Administration Pub. L. 95570,  6(b) Nov. 2, 1978 92 Stat. 2451  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 (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 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  108. Assistance to the President for unanticipated needs (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 (b) The President shall transmit a report to each House of the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report. (c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5 (Added Pub. L. 95570,  2(a) Nov. 2, 1978 92 Stat. 2449  Editorial Notes  References in Text For the effective date of this subsection, referred to in subsec. (b), see section 6(a) of Pub. L. 95570 section 102 of this title Prior Provisions A prior section 108, act June 25, 1948, ch. 644 62 Stat. 679 act June 28, 1950, ch. 383, title IV,  401(j) 64 Stat. 271 Insofar as prior section 108, by virtue of a former proviso in section 401 of act June 28, 1950 act Sept. 19, 1951, ch. 407, title IV,  401(a)(1) 65 Stat. 333 Act Oct. 31, 1951, ch. 654,  1(2) 65 Stat. 701 act Mar. 4, 1911, ch. 285,  1 36 Stat. 1404 act June 25, 1948, ch. 644,  1 62 Stat. 672 Statutory Notes and Related Subsidiaries Effective Date Section applicable to any fiscal year beginning on or after Oct. 1, 1978 section 6(a) of Pub. L. 95570 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. ( June 25, 1948, ch. 644 62 Stat. 679 Pub. L. 92310, title II,  201 June 6, 1972 86 Stat. 202 Pub. L. 95570,  5(b)(1) Nov. 2, 1978 92 Stat. 2450  Editorial Notes Amendments 1978 Pub. L. 95570 1972 Pub. L. 92310 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95570 Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Executive Documents  Transfer of Functions Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3,  1, 2, eff. May 24, 1950 64 Stat. 1262  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. ( June 25, 1948, ch. 644 62 Stat. 679 Pub. L. 95570,  5(c)(1) Nov. 2, 1978 92 Stat. 2451  Editorial Notes Amendments 1978 Pub. L. 95570 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95570 Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Commission on Renovation of the Executive Mansion Act Apr. 14, 1949, ch. 51 63 Stat. 45 White House; Administration; Preservation of Museum Character; Articles of Historic or Artistic Interest Pub. L. 87286 Sept. 22, 1961 75 Stat. 586  That all of that portion of reservation numbered 1 in the city of Washington, District of Columbia, which is within the Presidents 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 16 U.S.C. 13 18 U.S.C. 1865(a) 54 U.S.C. 100101(a) 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 section 3056 of title 18 [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 section 542 of Title 6 Executive Documents  Transfer of Functions Functions of officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, see Transfer of Functions note set out under section 109 of this title  Ex. Ord. No. 11145. Curator of White House; Committee for Preservation of White House Ex. Ord. No. 11145, Mar. 7, 1964 Oct. 13, 1970 WHEREAS the White House, as the home of the highest elective officer of the United States symbolizes the American ideal of responsible self-government is emblematic of our democracy and our national purpose has been intimately associated with the personal and social life of the Presidents of the United States and many of their official acts occupies a particular place in the heart of every American citizen, and WHEREAS certain historic rooms and entranceways in the White House possess great human interest and historic significance traditionally have been open to visitors have provided pleasure and patriotic inspiration to millions of our citizens have come to be regarded as a public museum and the proud possession of all Americans, and WHEREAS the Congress by law (Act of September 22, 1961 75 Stat. 586 NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: Section (b) The Curator shall report to the President and shall make recommendations with respect to the articles, fixtures, and objects to be declared by the President, under section 2 of the Act of September 22, 1961 Sec Sec September 22, 1961 (b) The Committee shall cooperate with the White House Historical Association, a nonprofit organization heretofore formed under the laws of the District of Columbia. (c) The Committee is authorized to invite individuals who are distinguished or interested in the fine arts to attend its meetings or otherwise to assist in carrying out its functions. Sec section 214 of the Act of May 3, 1945 59 Stat. 134 31 U.S.C. 691 31 U.S.C. 1346(b)  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, 2023 Sept. 30, 2021 section 1013 of Title 5 Previous extensions of term of Committee for the Preservation of the White House were contained in the following prior Executive Orders: Ex. Ord. No. 13889, Sept. 27, 2019 Sept. 30, 2021 Ex. Ord. No. 13811, Sept. 29, 2017 Sept. 30, 2019 Ex. Ord. No. 13708, Sept. 30, 2015 Sept. 30, 2017 Ex. Ord. No. 13652, Sept. 30, 2013 Sept. 30, 2015 Ex. Ord. No. 13585, Sept. 30, 2011 Sept. 30, 2013 Ex. Ord. No. 13511, Sept. 29, 2009 Sept. 30, 2011 Ex. Ord. No. 13446, Sept. 28, 2007 Sept. 30, 2009 Ex. Ord. No. 13385, Sept. 29, 2005 Sept. 30, 2007 Ex. Ord. No. 13316, Sept. 17, 2003 Sept. 30, 2005 Ex. Ord. No. 13225, Sept. 28, 2001 Sept. 30, 2003 Ex. Ord. No. 13138, Sept. 30, 1999 Sept. 30, 2001 Ex. Ord. No. 13062, Sept. 29, 1997 Sept. 30, 1999 Ex. Ord. No. 12974, Sept. 29, 1995 Sept. 30, 1997 Ex. Ord. No. 12869, Sept. 30, 1993 Sept. 30, 1995 Ex. Ord. No. 12774, Sept. 27, 1991 Sept. 30, 1993 Ex. Ord. No. 12692, Sept. 29, 1989 Sept. 30, 1991 Ex. Ord. No. 12610, Sept. 30, 1987 Sept. 30, 1989 Ex. Ord. No. 12534, Sept. 30, 1985 Sept. 30, 1987 Ex. Ord. No. 12489, Sept. 28, 1984 Sept. 30, 1985 Ex. Ord. No. 12399, Dec. 31, 1982 Sept. 30, 1984 Ex. Ord. No. 12258, Dec. 31, 1980 Dec. 31, 1982 Ex. Ord. No. 12110, Dec. 28, 1978 Dec. 31, 1980 Ex. Ord. No. 11948, Dec. 20, 1976 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. (Added Jan. 19, 1949, ch. 2,  1(c) 63 Stat. 4 Oct. 20, 1951, ch. 521 65 Stat. 570 Pub. L. 1087, div. H, title I,  1(a) Feb. 20, 2003 117 Stat. 348  Editorial Notes Amendments 2003 Pub. L. 1087 1951Act Oct. 20, 1951 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Amendment by Pub. L. 1087 section 1(f) of Pub. L. 1087 section 6102 of Title 2 Effective Date of 1951 Amendment Amendment by act Oct. 20, 1951 Jan. 20, 1953 section 102 of this title Effective Date Section effective noon, Jan. 20, 1949 Jan. 19, 1949 Official Temporary Residence of the Vice President Pub. L. 93346 July 12, 1974 88 Stat. 340 Pub. L. 93552, title VI,  609(a) Dec. 27, 1974 88 Stat. 1764 Pub. L. 10767, title VI Nov. 12, 2001 115 Stat. 553  That effective July 1, 1974 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. 89386 Apr. 9, 1966 80 Stat. 106  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 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 (1) who is so detailed, and (2) who is performing services which have been or would otherwise be performed by an employee of such office, for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year. (Added Pub. L. 95570,  3(a) Nov. 2, 1978 92 Stat. 2449  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any fiscal year beginning on or after Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Authority With Respect to Detailed Employees Pub. L. 10767, title VI,  637 Nov. 12, 2001 115 Stat. 553 During fiscal year 2002 and thereafter, the head of an entity named in 3 U.S.C. 112 5 U.S.C. 105  113. Personnel report (a) The President shall transmit to each House of the Congress, and make available to the public, reports containing information described in subsection (b) for each fiscal year beginning on or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year. (b) Each report required under subsection (a) shall contain (1) the number of employees who are paid at a rate of basic pay equal to or greater than the rate of basic pay then currently paid for level V of the Executive Schedule of section 5316 of title 5 (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 GS16 of the General Schedule of section 5332 of title 5 1 1 (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 GS16 of the General Schedule of section 5332 of title V 1 (4) the number of individuals detailed under section 112 of this title section 112 of this title (5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggregate amount paid to procure such services. The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved. (Added Pub. L. 95570,  3(a) Nov. 2, 1978 92 Stat. 2449  Editorial Notes  References in Text For the effective date of this section, referred to in subsec. (a), see section 6(a) of Pub. L. 95570 section 102 of this title Statutory Notes and Related Subsidiaries Effective Date Section applicable to any fiscal year beginning on or after Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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. 101509 section 5376 of Title 5 Report on White House Office Personnel Pub. L. 103270,  6 June 30, 1994 108 Stat. 737  (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 individuals (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. 10414 section 21 of Title 2 Jan. 6, 1999 Jan. 5, 2007 Jan. 9, 2019 Jan. 9, 2023 [ Section 6 of Pub. L. 103270 Jan. 1, 1995 section 7(i) of Pub. L. 103270 section 591 of Title 28  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 section 5332 of title 5 (Added Pub. L. 95570,  3(a) Nov. 2, 1978 92 Stat. 2450  Statutory Notes and Related Subsidiaries Effective Date Section applicable to any fiscal year beginning on or after Oct. 1, 1978 section 6(a) of Pub. L. 95570 section 102 of this title References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 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. 101509 section 5376 of Title 5  115. Veterans preference (a) Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5. (b) Subsection (a) shall not apply to any appointment to a position the rate of basic pay for which is at least equal to the minimum rate established for positions in the Senior Executive Service under section 5382 of title 5 (1) that such position is (A) a confidential or policy-making position; or (B) a position for which political affiliation or political philosophy is otherwise an important qualification; and (2) that any individual selected for such position is expected to vacate the position at or before the end of the Presidents term (or terms) of office. Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position. (Added Pub. L. 105339,  4(b)(1) Oct. 31, 1998 112 Stat. 3185 [CHAPTER 3 REPEALED] [ 201. Repealed. July 16, 1951, ch. 226,  5(a) 65 Stat. 122   Section, act June 25, 1948, ch. 644 62 Stat. 680 section 3056 of Title 18 [ 202 to 204. Repealed. Pub. L. 109177, title VI,  605(c) Mar. 9, 2006 120 Stat. 255   Section 202, acts June 25, 1948, ch. 644 62 Stat. 680 Pub. L. 87481,  1 June 8, 1962 76 Stat. 95 Pub. L. 91217,  1(2) Mar. 19, 1970 84 Stat. 74 Pub. L. 93346,  7 July 12, 1974 Pub. L. 93552, title VI,  609(a) Dec. 27, 1974 88 Stat. 1765 Pub. L. 94196,  1(a) Dec. 31, 1975 89 Stat. 1109 Pub. L. 95179 Nov. 15, 1977 91 Stat. 1371 Pub. L. 95570,  5(d) Nov. 2, 1978 92 Stat. 2451 Pub. L. 97418,  1(a) Jan. 4, 1983 96 Stat. 2089 Pub. L. 99500,  101(m) [title VI,  622] Oct. 18, 1986 100 Stat. 1783308 Pub. L. 99591,  101(m) [title VI,  622] Oct. 30, 1986 100 Stat. 3341308 Pub. L. 102138, title I,  135(b)(1) Oct. 28, 1991 105 Stat. 666 Pub. L. 102499,  3(a) Oct. 24, 1992 106 Stat. 3264 Pub. L. 107296, title XVII,  1703(a)(1) Nov. 25, 2002 116 Stat. 2313  Section 203, acts June 25, 1948, ch. 644 62 Stat. 680 Aug. 15, 1950, ch. 715,  2 64 Stat. 448 June 28, 1952, ch. 481 66 Stat. 283 Pub. L. 87481,  2 June 8, 1962 76 Stat. 95 Pub. L. 91217,  1(1) Mar. 19, 1970 84 Stat. 74 Pub. L. 94196,  1(c) Dec. 31, 1975 89 Stat. 1109 Pub. L. 95179 Nov. 15, 1977 91 Stat. 1371 Pub. L. 104208, div. A, title I,  101(f) [title I] Sept. 30, 1996 110 Stat. 3009314  Section 204, acts June 25, 1948, ch. 644 62 Stat. 680 June 20, 1953, ch. 146 67 Stat. 76 Pub. L. 85584, title V,  502(a) Aug. 1, 1958 72 Stat. 485 Pub. L. 91217,  1(1) Mar. 19, 1970 84 Stat. 74 Pub. L. 95179 Nov. 15, 1977 91 Stat. 1371  See section 3056A of Title 18 [ 205. Repealed. Pub. L. 91217,  1(7) Mar. 19, 1970 84 Stat. 75   Section, act June 25, 1948, ch. 644 62 Stat. 680 [ 206 to 209. Repealed. Pub. L. 109177, title VI,  605(c) Mar. 9, 2006 120 Stat. 255   Section 206, acts June 25, 1948, ch. 644 62 Stat. 681 Pub. L. 91217,  1(8) Mar. 19, 1970 84 Stat. 75 Pub. L. 95179 Nov. 15, 1977 91 Stat. 1371  Section 207, acts June 25, 1948, ch. 644 62 Stat. 681 Pub. L. 91217,  1(1) Mar. 19, 1970 84 Stat. 74 Pub. L. 95179 Nov. 15, 1977 91 Stat. 1371  Section 208, added Pub. L. 94196,  1(d)(1) Dec. 31, 1975 89 Stat. 1109 Pub. L. 97418,  1(b) Jan. 4, 1983 96 Stat. 2089 Pub. L. 9993, title I,  126(c) Aug. 16, 1985 99 Stat. 418 Pub. L. 99399, title IV,  410 Aug. 27, 1986 100 Stat. 866 Pub. L. 102138, title I,  135(a)(1) Oct. 28, 1991 105 Stat. 666 Pub. L. 107296, title XVII,  1703(a)(2) Nov. 25, 2002 116 Stat. 2313  Section 209, acts June 25, 1948, ch. 644 62 Stat. 681 Pub. L. 94196,  1(d)(1) Dec. 31, 1975 89 Stat. 1109  See section 3056A of Title 18 CHAPTER 4 DELEGATION OF FUNCTIONS    Sec.  301. General authorization to delegate functions; publication of delegations.  302. Scope of delegation of functions.  303. Definitions.  Statutory Notes and Related Subsidiaries 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 64 Stat. 419 Oct. 31, 1951 l Oct. 31, 1951  301. General authorization to delegate functions; publication of delegations  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 (Added Oct. 31, 1951, ch. 655,  10 65 Stat. 712  Statutory Notes and Related Subsidiaries Similar Provisions; Repeal; Saving Clause For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding this section. Executive Documents  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 84 Stat. 2085  Ex. Ord. No. 10250. Delegation of Functions to the Secretary of the Interior Ex. Ord. No. 10250, June 5, 1951 Oct. 10, 1957 Feb. 12, 1958 Pub. L. 101509, title V,  529 [title I,  112(c)] Nov. 5, 1990 104 Stat. 1427 1. The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375 49 Stat. 477 54 U.S.C. 101111 (b) The authority vested in the President by section 2059 of the Revised Statutes [ 25 U.S.C. 62 (c) The authority vested in the President by section 6 of the act of May 17, 1882, ch. 168 22 Stat. 88 25 U.S.C. 63 (d) The authority vested in the President by the act of March 1, 1907, ch. 2285 34 Stat. 1016 25 U.S.C. 140 Provided (e) The authority vested in the President by section 5 of the act of February 8, 1887, ch. 119 24 Stat. 389 25 U.S.C. 348 act of December 24, 1942, ch. 814 56 Stat. 1081 25 U.S.C. 348a act of June 21, 1906, ch. 3504 34 Stat. 326 25 U.S.C. 391 section 3 of the act of January 12, 1891 26 Stat. 712 section 3 of the act of March 2, 1917, ch. 146 39 Stat. 976 (f) The authority vested in the President by section 4705(b) of the Internal Revenue Code of 1954 [former 26 U.S.C. 4705(b) 26 U.S.C. 4762(b) Provided (g) The authority vested in the President by section 2343 of the Revised Statutes [ 30 U.S.C. 46 (h) The authority vested in the President by section 2252 of the Revised Statutes as affected by section 403 of Reorganization Plan No. 3 of 1946, 60 Stat. 1100 43 U.S.C. 121 (i) The authority vested in the President by section 2250 of the Revised Statutes [ 43 U.S.C. 125 (j) The authority vested in the President by section 2251 of the Revised Statutes [ 43 U.S.C. 126 (k) The authority vested in the President by section 2253 of the Revised Statutes [ 43 U.S.C. 127 ( l section 2 of the act of March 2, 1917, ch. 145 39 Stat. 951 48 U.S.C. 737 (m) The authority vested in the President by section 7 of the act of March 2, 1917, ch. 145 39 Stat. 954 48 U.S.C. 748 (n) The authority vested in the President by section 3(b) of the act of March 3, 1925, ch. 426 43 Stat. 1111 50 U.S.C. 167d ( o section 6 of the act of April 26, 1906, ch. 1876 34 Stat. 139 (p) The authority vested in the President by section 28 of the act of April 26, 1906, ch. 1876 34 Stat. 148 (q) [Superseded by section 3 of Ex. Ord. No. 10752, Feb. 12, 1958 15 U.S.C. 715j (r) The authority vested in the President by section 55 of the act of April 30, 1900 31 Stat. 150 48 U.S.C. 562 section 4 of the act of August 24, 1954 68 Stat. 785 48 U.S.C. 562 o 2. The Secretary of the Interior is hereby designated and empowered to perform, without the approval, ratification, or other action of the President, the following functions which have heretofore, under the respective provisions of law cited, required the approval, ratification, or other action of the President in connection with their performance by the Secretary of the Interior: (a) The authority vested in the Secretary of the Interior by section 1 of the act of June 6, 1942, ch. 380 56 Stat. 326 16 U.S.C. 459r (b) The authority vested in the Secretary of the Interior by section 3 of the act of July 3, 1918, ch. 128 40 Stat. 755 July 1, 1939 53 Stat. 1433 16 U.S.C. 704 3. 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. 4. 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 regulations prescribed 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 modified or revoked pursuant to the authority conferred by this order. 5. The Secretary of the Interior is hereby authorized to redelegate to the Deputy Secretary of the Interior any of the authority delegated to the Secretary of the Interior by section 1 of this order.  Ex. Ord. No. 10289. Delegation of Functions to Secretary of the Treasury Ex. Ord. No. 10289, Sept. 17, 1951 Dec. 18, 1954 July 18, 1960 June 4, 1963 Dec. 31, 1974 Sept. 9, 1987 1. The Secretary of the Treasury is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of August 1, 1914, ch. 223 38 Stat. 609 19 U.S.C. 2 (b) The authority vested in the President by section 1 of the Anti-Smuggling Act of August 5, 1935 49 Stat. 517 19 U.S.C. 1701 (c) The authority vested in the President by section 1 of the Act of August 26, 1985 Public Law 9889 97 Stat. 510 46 U.S.C. 3101 (d) The authority vested in the President by section 5 of the act of May 28, 1908, ch. 212 35 Stat. 425 46 U.S.C. 60504 (e) The authority vested in the President by section 2 of the act of March 24, 1908, ch. 96 35 Stat. 46 46 U.S.C. 60311 46 U.S.C. 60311 (f) The authority vested in the President by section 4228 of the Revised Statutes, as amended (46 U.S.C. Appendix 141) [now 46 U.S.C. 60503 46 U.S.C. 60301 section 1 of the act of October 3, 1913 38 Stat. 195 46 U.S.C. 60502(a) Provided (g) The authority vested in the President by section 3650 of the Internal Revenue Code [section 3650 of the Internal Revenue Code of 1939] [see 26 U.S.C. 7621 (h) The authority which is now vested in the President by section 2564(b) of the Internal Revenue Code [section 2564(b) of the Internal Revenue Code of 1939], and which on and after January 1, 1955 26 U.S.C. 4735(b) (i) The authority vested in the President by Section 5318 of the Revised Statutes, as amended ( 19 U.S.C. 540 2. The Secretary of the Treasury is hereby designated and empowered to perform without the approval, ratification, or other action of the President the following functions which have heretofore, under the respective provisions of law cited, required the approval of the President in connection with their performance by the Secretary of the Treasury: (a) The authority vested in the Secretary of the Treasury by section 6 of the act of July 8, 1937, ch. 444 50 Stat. 480 40 U.S.C. 17309 (b), (c) [Revoked by Ex. Ord. No. 11110, June 4, 1963 (d) [Revoked by Ex. Ord. No. 11825, Dec. 31, 1974 (e) The authority vested in the Secretary of the Treasury by section 1 of Title II of the act of June 15, 1917, ch. 30 40 Stat. 220 46 U.S.C. 70051 3. (a) The Secretary of the Treasury and the Postmaster General [now United States Postal Service] are hereby designated and empowered jointly to prescribe without the approval of the President regulations, under section 1 of the act of July 8, 1937, ch. 444 50 Stat. 479 40 U.S.C. 17302 (b) The Postmaster General [now United States Postal Service] is hereby designated and empowered to exercise without the approval, ratification, or other action of the President the authority vested in the President by section 504(b) of Title 18 section 504(2) of title 18 4. 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. 5. 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 regulations prescribed 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.  Ex. Ord. No. 10530. Providing for the Performance of Certain Functions Vested in or Subject to the Approval of the President Ex. Ord. No. 10530, May 10, 1954 Oct. 26, 1954 Oct. 22, 1956 Mar. 17, 1958 Nov. 20, 1958 Sept. 8, 1959 Nov. 27, 1959 Oct. 5, 1960 Jan. 9, 1961 Aug. 21, 1961 Oct. 27, 1961 Mar. 27, 1962 Aug. 5, 1963 Aug. 1, 1964 Oct. 13, 1964 Feb. 2, 1965 May 8, 1965 June 14, 1965 June 28, 1965 Dec. 28, 1978 Pub. L. 98497, title I,  103(b)(1) Oct. 19, 1984 98 Stat. 2283 Sept. 9, 1987  Part IDirector of the Bureau of the Budget [Superseded by Ex. Ord. No. 11230,  2(1), (3), (5)(14), June 28, 1965  Part IIThe Office of Personnel Management [Superseded by Ex. Ord. No. 11228,  3(1), (2), (5), June 14, 1965  Part IIIThe Housing and Home Finance Administrator [Superseded by Ex. Ord. No. 11196, Feb. 2, 1965  Part IV  the federal communications commission Sec act of May 27, 1921, ch. 12 42 Stat. 8 47 U.S.C. 34 Provided (b) Executive Order No. 3513 of July 9, 1921 June 30, 1934  Part V  the attorney general and the archivist of the united states Sec (a) The authority vested in the President by section 5(a) of the act of July 26, 1935, ch. 417 49 Stat. 501 44 U.S.C. 1505(a) (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 44 U.S.C. 1505(b) 44 U.S.C. 1510(a) 44 U.S.C. 1510  Part VI  general provisions Sec Sec  Ex. Ord. No. 10621. Delegation of Functions to Secretary of Defense Ex. Ord. No. 10621, July 1, 1955 Aug. 4, 1966 Dec. 9, 1982 July 1, 1986 Section (a) The authority vested in the President by the act of March 3, 1901, ch. 852 31 Stat. 1107 10 U.S.C. 5941 10 U.S.C. 8661 (b) The authority vested in the President by the act of August 22, 1912, ch. 335 37 Stat. 382 10 U.S.C. 509 (c) The authority vested in the President by the act of May 22, 1928, ch. 688 45 Stat. 712 10 U.S.C. 8263 (d) The authority vested in the President by the act of June 22, 1938, ch. 567 52 Stat. 839 10 U.S.C. 8088 10 U.S.C. 5083 section 201(a) of the act of August 25, 1941, ch. 409 55 Stat. 680 10 U.S.C. 5063 section 3 of the act of December 28, 1945, ch. 604 59 Stat. 666 10 U.S.C. 8078 section 2 of the act of August 1, 1946, ch. 727 60 Stat. 779 10 U.S.C. 5021 section 7(a) of the act of March 5, 1948, ch. 98 62 Stat. 68 May 1, 1966 (e) The authority vested in the President by the act of June 15, 1940, ch. 374 54 Stat. 400 (f) The authority vested in the President by the act of June 24, 1941, ch. 231 55 Stat. 260 10 U.S.C. 8676a August 5, 1882 22 Stat. 296 10 U.S.C. 8674 (g) The authority vested in the President by section 302 of the act of June 22, 1944, ch. 268 58 Stat. 287 10 U.S.C. 1554 (h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985, 5 U.S.C. 5702(a) Sec (a) The authority vested in the President by section 1547 of the Revised Statutes of the United States [ 10 U.S.C. 8211 (b) The authority vested in the President by section 1 of the act of April 9, 1906, ch. 1370 34 Stat. 104 10 U.S.C. 8461 Sec Sec  Ex. Ord. No. 10637. Delegation of Functions to Secretary of Homeland Security Ex. Ord. No. 10637, Sept. 16, 1955 Feb. 28, 2003 Section (a) The authority vested in the President by section 149 [now 710] of title 14 of the United States Code, in his discretion, to detail officers and enlisted men of the Coast Guard to assist foreign governments in matters concerning which the Coast Guard may be of assistance. (b) The authority vested in the President by section 229 of title 14 14 U.S.C. 2141 (c) The authority vested in the President by section 232 of title 14 14 U.S.C. 2152 (d) The authority vested in the President by section 235 of title 14 14 U.S.C. 2106210 (e) The authority vested in the President by section 492 [now 2736] of title 14 of the United States Code to present a distinguished service medal (including incidental items) to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by exceptionally meritorious service to the Government in a duty of great responsibility. (f) The authority vested in the President by section 493 [now 2739] of title 14 of the United States Code to present the Coast Guard medal (including incidental items) to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by heroism not involving actual conflict with an enemy. (g) The authority vested in the President by section 494 [now 2740] of title 14 of the United States Code to award emblems, insignia, rosettes, and other devices, to the extent that such authority relates to the awarding of such items to be worn with the distinguished service medal or the Coast Guard medal. (h) The authority vested in the President by section 498 [now 2743] of title 14 of the United States Code to make posthumous awards of decorations and to designate representatives to receive such awards, to the extent that such authority relates to the awarding of the distinguished service medal or the Coast Guard medal, or ribbons, emblems, insignia, rosettes, or other devices corresponding thereto. (i) The authority vested in the President by section 499 [now 2731] of title 14 of the United States Code to make rules, regulations, and orders to the extent that they shall relate to the authority described in sections 1(f), 1(g), and 1(h) above. (j) The authority vested in the President by the first paragraph of section 806 of the act of September 8, 1916, ch. 463 39 Stat. 799 15 U.S.C. 77 (k) The authority vested in the President by the second paragraph of the said section 806 of the act of September 8, 1916 15 U.S.C. 77 ( l section 963(a) of title 18 (m) The authority vested in the President by section 967(a) of title 18 (n) The authority vested in the President by section 10(a) of the act of November 4, 1939, ch. 2 54 Stat. 9 22 U.S.C. 450(a) ( o section 10(b) of the act of November 4, 1939, ch. 2 54 Stat. 9 22 U.S.C. 450(b) (p) The authority vested in the President by section 2 of the act of August 18, 1914, ch. 256 38 Stat. 699 46 U.S.C. 8103(h)(2) (q) The authority vested in the President by section 2 of the act of October 17, 1940, ch. 896 54 Stat. 1201 46 U.S.C. 643b 46 U.S.C. 7304 (r) The authority vested in the President by section 6 of the act of July 24, 1941, ch. 320 55 Stat. 604 34 U.S.C. 350e 10 U.S.C. 8111 34 U.S.C. 350j 14 U.S.C. 2104 Sec (a) The authority vested in the President by Article 4(a) of the Uniform Code of Military Justice ( section 1 of the act of May 5, 1950, ch. 169 64 Stat. 110 10 U.S.C. 804 (b) The authority vested in the President by Articles 4(c) and 75 of the Uniform Code of Military Justice ( 64 Stat. 110 10 U.S.C. 804 (c) The authority vested in the President by section 10 of the act of May 5, 1950, ch. 169 64 Stat. 146 10 U.S.C. 1161 (d) The authority vested in the President by section 219 of the Armed Forces Reserve Act, approved July 9, 1952 66 Stat. 487 10 U.S.C. 12203 (e) The authority vested in the President by section 221 of the said Armed Forces Reserve Act [ 10 U.S.C. 12203 (f) The authority vested in the President by section 248 of the said Armed Forces Reserve Act [see 10 U.S.C. 12681 (g) The authority vested in the President by section 6 of the act of February 21, 1946, ch. 34 60 Stat. 27 10 U.S.C. 8323 section 755(a) of Title 14 14 U.S.C. 3705(a) Sec Sec Sec  Ex. Ord. No. 10661. Delegation of Functions to Secretary of Defense and Secretary of Commerce Ex. Ord. No. 10661, Feb. 27, 1956 Section act of June 26, 1946, ch. 493 60 Stat. 311 10 U.S.C. 4344 Sec (a) The authority vested in the President by the act of July 14, 1941, ch. 292 55 Stat. 589 10 U.S.C. 6957 (b) The authority vested in the President by the act of June 24, 1948, ch. 616 62 Stat. 583 10 U.S.C. 6957 Sec June 26, 1946 section 5 of the act of April 1, 1954, ch. 127 68 Stat. 48 10 U.S.C. 9344 Sec act of August 9, 1946, ch. 928 60 Stat. 961 46 U.S.C. 1126b Sec  Dwight D. Eisenhower.  Ex. Ord. No. 10950. Delegation of Functions to Secretary of the Interior Ex. Ord. No. 10950, June 27, 1961 Pub. L. 101509, title V,  529 [title I,  112(c)] Nov. 5, 1990 104 Stat. 1427 By virtue of the authority vested in me by section 6(b) of the Alaska Statehood Act of July 7, 1958 72 Stat. 339 48 U.S.C. 21 Provided As the Secretary of the Interior may direct, the Deputy Secretary of the Interior, an Assistant Secretary of the Interior, the Director of the Bureau of Land Management, or the Operations Supervisors of the Bureau of Land Management in Alaska are severally authorized to exercise the authority vested in the Secretary by this order.  Ex. Ord. No. 11012. Delegation of Functions to Administrator of General Services Ex. Ord. No. 11012, Mar. 27, 1962 June 28, 1965 Sept. 9, 1987 By virtue of the authority vested in me by Section 301 of Title 3 Section June 28, 1965 Sec Section 1(b) of the Act of August 2, 1946, ch. 744 60 Stat. 807 5 U.S.C. 73b1(b) 5 U.S.C. 5724 Sec (a) Executive Order No. 9778 of September 10, 1946 (b) Executive Order No. 9805 of November 25, 1946 (c) Executive Order No. 9933 of February 27, 1948 (d) Executive Order No. 9997 of September 8, 1948 (e) Executive Order No. 10069 of July 14, 1949 (f) Executive Order No. 10177 of October 27, 1950 (g) Executive Order No. 10196 of December 20, 1950 (h) Executive Order No. 10274 of July 18, 1951 (i) Executive Order No. 10381 of August 6, 1952 (j) Executive Order No. 10507 of December 10, 1953 Sec  Ex. Ord. No. 11023. Delegation of Functions to Secretary of Commerce Ex. Ord. No. 11023, May 28, 1962 Sept. 9, 1987 May 20, 2004 By virtue of the authority vested in me by section 301 of title 3 Section (a) The authority contained in section 223(b) [now section 223] of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3023(b) 33 U.S.C. 3023 (b) The authority vested in the President by section 229(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3029(a) (c) The authority vested in the President by section 229(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3029(b) (d) The authority vested in the President by section 229(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3029(c) (e) The authority vested in the President by section 243(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3043(b) (f) The authority vested in the President by section 244 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3044 (g) The authority vested in the President by [former] section 221(a)(4) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3021(a)(4) (h) The authority contained in section 230(b)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3030(b)(1) (i) The authority contained in section 230(b)(2) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3030(b)(2) (j) The authority contained in section 230(b)(3) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3030(b)(3) (k) The authority vested in the President by section 251 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( Public Law 107372 33 U.S.C. 3061 ( l section 8 of the Act of August 6, 1947 61 Stat. 788 33 U.S.C. 883h August 6, 1947 33 U.S.C. 883a (m) The authority vested in the President by Public Law 96215 10 U.S.C. 716(a) Sec Sec Sec Sec Sec Sec April 23, 1929 July 1, 1919 Sec  Ex. Ord. No. 11110. Amendment of Executive Order No. 10289, Relating to Performance of Certain Functions of Department of the Treasury Ex. Ord. No. 11110, June 4, 1963 By virtue of the authority vested in me by section 301 of Title 3 Section September 19, 1951 (a) By adding at the end of paragraph 1 thereof the following subparagraph (j): (j) The authority vested in the President by paragraph (b) of section 43 of the Act of May 12, 1933 31 U.S.C. 821(b) 31 U.S.C. 5301(a) (b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof. Sec  John F. Kennedy.  Ex. Ord. No. 11228. Delegation of Functions to Office of Personnel Management Ex. Ord. No. 11228, June 14, 1965 Nov. 13, 1965 Dec. 28, 1978 By virtue of the authority vested in me by Section 301 of Title 3 Section (1) The authority vested in the Office of Personnel Management by Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 5 U.S.C. 945 5 U.S.C. 5504(c) (2) The authority vested in the President by Section 203(f) of the Annual and Sick Leave Act of 1951, 65 Stat. 680 5 U.S.C. 2062(f) 5 U.S.C. 6305(a) (3) Except as to Presidential appointees, the authority vested in the President (A) by Section 204 of the Act of June 30, 1932 47 Stat. 404 5 U.S.C. 3323(a) 70 Stat. 748 5 U.S.C. 2255(c) 5 U.S.C. 8335(c) 5 U.S.C. 8335 (4) The authority vested in the President by Section 9(b) (8) of the Federal Employees Salary Act of 1965 (approved October 29, 1965 5 U.S.C. 5595(a)(2) 5 U.S.C. 5595 (5) The authority vested in the President by Section 9(c) of the Federal Employees Salary Act of 1965 [ 5 U.S.C. 5595(b)(2) Sec 68 Stat. 1113 5 U.S.C. 2123(e) 5 U.S.C. 4502(d) 5 U.S.C. 2123(b) 5 U.S.C. 4501(2)(A) Sec (1) Part II of Executive Order No. 10530 of May 10, 1954 (2) Executive Order No. 10682 of October 22, 1956 (3) Section 5 of Executive Order No. 10800 of January 15, 1959 (4) Executive Order No. 10835 of August 21, 1959 (5) So much of Section 2 of Executive Order No. 10903 of January 9, 1961 May 10, 1954 Sec (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 or Section 2 of this Order, if any, which corresponds to the superseded provision. Sec  Executive Order No. 11230 Ex. Ord. No. 11230, June 28, 1965 Mar. 31, 1966 July 21, 1966 Aug. 4, 1966 July 22, 1971  Executive Order No. 11294 Ex. Ord. No. 11294, Aug. 4, 1966 July 22, 1971 July 1, 1986 section 5702 of Title 5  Ex. Ord. No. 11390. Delegation of Functions to Secretary of Defense Ex. Ord. No. 11390, Jan. 22, 1968 June 29, 1971 Dec. 9, 1982 Sept. 9, 1987 By virtue of the authority vested in me by section 301 of title 3 Section (1) [Revoked by Ex. Ord. No. 12608, Sept. 9, 1987 (2), (3) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982 (4) The authority vested in the President by sections [former] 565 and 599 [now 12243] of title 10, United States Code, to suspend, in time of war or emergency, any provision of law relative to promotion and mandatory retirement or separation of warrant officers of the armed forces. (5) The authority vested in the President by sections 4337 [now 7437] and [former] 9337 of title 10, United States Code, to appoint the chaplains at the United States Military and Air Force Academies. (6) The authority vested in the President by sections 4302(a) and 9302(a) [now 7402(a) and 9402(a)] of title 10, United States Code, to approve regulations concerning instruction of enlisted members of the Army and Air Force. (7) [Revoked by Ex. Ord. No. 12608, Sept. 9, 1987 (8) The authority vested in the President by sections [former] 5139 and 5149 [now 8089] of title 10, United States Code, relating to the retirement of the Chief of the Medical Service Corps, the Deputy Judge Advocate General, and the Assistant Judge Advocate General, of the Navy. (9) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982 (10) The authority vested in the President by section 2102(a) of title 10 (11) The authority vested in the President by section 123 of title 10 section 111 of title 32 (12) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982 (13) The authority vested in the President by [former] section 6223(b) of title 10 (14) The authority vested in the President by section 425 of title 37 (15) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982 Sec  Executive Order No. 11423 Ex. Ord. No. 11423, Aug. 16, 1968 May 17, 1993 Jan. 23, 2003 Apr. 30, 2004 Apr. 10, 2019  Ex. Ord. No. 11592. Delegation of Functions to Director of Office of Management and Budget Ex. Ord. No. 11592, May 6, 1971 By virtue of the authority vested in me by section 301 of title 3 Public Law 91611 December 31, 1970  Richard Nixon.  Ex. Ord. No. 11609. Delegation of Certain Functions Vested in the President to Other Officers of the Government Ex. Ord. No. 11609, July 22, 1971 Apr. 21, 1973 Apr. 19, 1974 Dec. 28, 1978 May 27, 1980 Feb. 27, 1984 Nov. 14, 1983 June 24, 1985 Oct. 12, 1984 Sept. 9, 1987 Nov. 16, 1992 Jan. 1, 1992 By virtue of the authority vested in me by section 301 of title 3 Section General Services Administration (1) The authority of the President under 5 U.S.C. 4111(b) (2) The authority of the President under the last sentence of 5 U.S.C. 5702(a) 5 U.S.C. 5701 (3) The authority of the President under 5 U.S.C. 5707 (4) The authority of the President under 5 U.S.C. 5722(a) (5) The authority of the President under 5 U.S.C. 5723(a) (6) The authority of the President under 5 U.S.C. 5724 (7)(a) The authority of the President under 5 U.S.C. 5724(a) 5 U.S.C. 5724(a) (b) In consultation with the Secretary of the Treasury, the authority of the President under 5 U.S.C. 5724b (c) The authority of the President under 5 U.S.C. 5724c 5 U.S.C. 5724c provided (8) The authority of the President under 5 U.S.C. 5726 (9) The authority of the President under 5 U.S.C. 5727 (10) The authority of the President under 5 U.S.C. 5728 (11) The authority of the President under 5 U.S.C. 5729(a) (12) The authority of the President under 5 U.S.C. 5731(a) (13) The authority of the President under 5 U.S.C. 5742(b) (14) The authority of the President under the last sentence of paragraph (c) of section 32 of title III of the Act of July 22, 1937 50 Stat. 525 7 U.S.C. 1011(c) (15) The authority of the President under section 340 of the Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 7 U.S.C. 1990 Provided (16) The authority of the President under section 4(k) of the Tennessee Valley Authority Act, 55 Stat. 599 16 U.S.C. 831c(k) (17) The authority of the President under section 7(b) of the Tennessee Valley Authority Act of May 18, 1933 48 Stat. 63 16 U.S.C. 831f(b) (18) The authority of the President under section 1 of the Act of March 4, 1927 44 Stat. 1422 20 U.S.C. 191 (19) That part of the authority of the President under section 7(a) of the Act of July 17, 1959 P.L. 8691 73 Stat. 216 20 U.S.C. 905(a) (20) The authority of the Administrator of General Services under section 210(i) of the Federal Property and Administrative Services Act of 1949, as amended ( 40 U.S.C. 490(i) 40 U.S.C. 589 (21) The authority of the President under section 108 of the Housing Act of July 15, 1949 63 Stat. 419 42 U.S.C. 1458 (22), (23) [Revoked by Ex. Ord. No. 12215, May 27, 1980 Sec Department of the Treasury (1) The authority under 5 U.S.C. 5943(a) (2) The authority under 5 U.S.C. 5943(d) 5 U.S.C. 5943(d) Sec Department of Health and Human Services (1) The authority of the President under the first section of the Act entitled An Act to authorize the operation of stands in Federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes, approved June 20, 1936 49 Stat. 1559 20 U.S.C. 107 (2) The authority of the Secretary of Health and Human Services under section 2 of the Act of August 4, 1947 61 Stat. 751 24 U.S.C. 168a Sec Department of State section 12 of the Act of August 1, 1956 70 Stat. 892 22 U.S.C. 2679 (b) The Secretary of State is hereby designated and empowered to exercise the authority of the President under section 9 of the United Nations Participation Act of 1945 ( 59 Stat. 619 section 15 of Public Law 93126 87 Stat. 454455 22 U.S.C. 287e1 Sec Department of Defense section 4 of the Act of May 10, 1943 57 Stat. 81 24 U.S.C. 34 Provided Sec Department of Health and Human Services; Department of Defense 10 U.S.C. 1085 (1) The Secretary of Health and Human Services in respect of such care in a facility under his jurisdiction. (2) The Secretary of Defense in respect of such care in a facility of an armed force under the jurisdiction of a military department. Sec Veterans Administration 10 U.S.C. 1074(b) (b) Section 2 of Executive Order No. 11302 of September 6, 1966 September 9, 1968 section 111 of Title 38 38 U.S.C. 111 Sec Office of Personnel Management (1) The authority of the President under 5 U.S.C. 5514(b) 5 U.S.C. 5514 section 3(a) of the Act of July 15, 1954 68 Stat. 483 31 U.S.C. 581d 31 U.S.C. 3530(d) (2) The authority of the President under 5 U.S.C. 5903 5 U.S.C. 5901 (3) The authority of the President under 5 U.S.C. 5942 (4) The authority of the President under 5 U.S.C. 5942a Sec Office of Management and Budget (1) The authority of the President under 5 U.S.C. 5911(f) (2) The authority of the President under 10 U.S.C. 126(a) (3) The authority of the President under section 202 of the Budget and Accounting Procedures Act of September 12, 1950 64 Stat. 833 31 U.S.C. 581c 31 U.S.C. 1531 (4) The authority of the President under the last sentence of section 11 of the Act of June 6, 1924 43 Stat. 463 40 U.S.C. 72 40 U.S.C. 8731(d) (5) The authority of the President under section 1 of the Act of December 22, 1928 45 Stat. 1070 40 U.S.C. 72a 40 U.S.C. 8732 (6) The authority of the President under section 407(b) of the Act of August 30, 1957 71 Stat. 556 42 U.S.C. 1594j(b) (7) The authority of the President under 44 U.S.C. 1108 (8) The authority of the President under the paragraph appearing under the heading Expenses of Management Improvement in title III of the Treasury, Post Office, and Executive Office Appropriation Act, 1971, P.L. 91422 84 Stat. 877 Sec General Provisions (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this order or to the provision of the preceding section of this order, if any, which corresponds to the superseded provision. (c) All actions heretofore taken by the President, the Director of the Bureau of the Budget, or the Director of the Office of Management and Budget in respect of the matters affected by the provisions of the preceding sections of this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by any of them in respect of such matters, shall, except as 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 unless sooner terminated by operation of law. Sec Orders superseded (1) Executive Order No. 10604 of April 22, 1955 (2) Executive Order No. 11230 of June 28, 1965 (3) Executive Order No. 11275 of March 31, 1966 (4) Executive Order No. 11290 of July 21, 1966 (5) Section 3 of Executive Order No. 11294 of August 4, 1966 (6) To the extent that it is inconsistent with this order, Executive Order No. 11541 of July 1, 1970 Sec Taking effect  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. 100527 section 301 of Title 38  Ex. Ord. No. 11690. Delegation of Functions to Executive Director of Domestic Council Ex. Ord. No. 11690, Dec. 14, 1972 By virtue of the authority vested in me by the Constitution and statutes of the United States, Part II of Reorganization Plan No. 2 of 1970 [set out in 5 U.S.C. App.], and as President of the United States, it is ordered as follows: Section Functions of the Executive Director of the Domestic Council (1) serve as the coordinator for the prompt handling and solution of Federal-State-local problems brought to the attention of the President or Vice President by executive and legislative officers of State and local governments; (2) identify and report to the President on recurring intergovernmental problems of a Federal interdepartmental and interprogram nature; (3) explore and report to the President on ways and means of strengthening the headquarters and interagency relationships of Federal field offices as they relate to intergovernmental activities; (4) maintain continuing liaison with intergovernmental units in Federal departments and agencies; and (5) review procedures utilized by Federal executive agencies for affording State and local officials an opportunity to confer and comment on Federal assistance programs and other intergovernmental issues, and propose methods of strengthening such procedures. Sec Administrative Arrangements (b) The head of each Federal department and agency shall designate an appropriate official with broad general experience in his department or agency to serve, upon request of the Director, as a point of contact in carrying out Federal-State-local liaison activities under this order. Sec Construction Sec Revocation February 14, 1969 Sec Records, Property, Personnel, and Funds Sec Effective Date  Richard Nixon.  Abolition of Domestic Council The Domestic Council, referred to in section 5 of Ex. Ord. No. 11690, Dec. 14, 1972 91 Stat. 1633 section 101 of this title Apr. 1, 1978 Mar. 27, 1978 section 101 of this title Mar. 26, 1978  Executive Order No. 11713 Ex. Ord. No. 11713, Apr. 21, 1973 May 27, 1980 section 3601 of Title 22  Ex. Ord. No. 11732. Delegation of Functions to Secretary of Housing and Urban Development Ex. Ord. No. 11732, July 30, 1973 By virtue of the authority vested in me by section 301 of title 3 12 U.S.C. 1720  Richard Nixon.  Executive Order No. 11784 Ex. Ord. No. 11784, May 30, 1974 June 19, 1975 section 7103 of Title 31  Ex. Ord. No. 12001. Transferring Certain Bicentennial Functions to Secretary of the Interior Ex. Ord. No. 12001, June 29, 1977 By virtue of the authority vested in me by Section 7(b) of the Act of December 11, 1973 87 Stat. 701 Pub. L. 93179 64 Stat. 838 31 U.S.C. 581c(b) 31 U.S.C. 1531 Section 301 of Title 3 Section December 31, 1983 Sec Sec December 31, 1983 (a) All powers described in Section 2(f) of the Act with respect to the expenditure of funds donated to ARBA prior to the effective date of this Order, and the expenditure of revenues received or which may be received pursuant to contracts described in Section 2 of this Order. (b) Until December 31, 1977 (c) All powers described in Section 5(a) of the Act. Sec Sec Sec February 18, 1975 Sec June 30, 1977  Jimmy Carter.  Ex. Ord. No. 12152. Delegation of Functions to Director of Office of Management and Budget Ex. Ord. No. 12152, Aug. 14, 1979 By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 301 of Title 3 Pub. L. 9654 Aug. 14, 1979 93 Stat. 381  Jimmy Carter.  Ex. Ord. No. 12396. Delegation of Functions to Secretary of Defense Ex. Ord. No. 12396, Dec. 9, 1982 By the authority vested in me as President of the United States of America by Section 301 of Title 3 Section (a) The authority vested in the President by Sections 618(b)(1) and 628(d)(1) of Title 10 of the United States Code, to approve, modify, or disapprove the report of a selection board. (b) The authority vested in the President by Section 629(a) of Title 10 (c) The authority vested in the President by Section 624(c) of Title 10 (d) The authority vested in the President by [former] Section 5721(c) of Title 10 (e) The authority vested in the President by Section 6323(a) [now 8323(a)] of Title 10 of the United States Code, to approve the application of an officer of the Navy or the Marine Corps for retirement after the completion of more than 20 years of active service and to designate the month in which such retirements shall become effective. (f) The authority vested in the President by Sections 3918 and 8918 [now 7318 and 9318] of Title 10 of the United States Code, to approve the request of a regular commissioned officer of the Army or the Air Force to retire after at least 30 years of service. (g) Nothing in this Section shall be deemed to delegate the authority vested in the President by Section 618(c) of Title 10 Sec (1) The authority vested in the President by Section 526 of Title 10 (2) The authority vested in the President by subsections (a) and (b) of Section 603 of Title 10 (3) The authority vested in the President by Section 644 [see 123] of Title 10 of the United States Code, to suspend the operation of any law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps. (b) The authority delegated to the Secretary of Defense by this Section may not be exercised during the time of a national emergency declared by the President, unless the exercise of any such authority is specifically directed by the President in accordance with Section 301 of the National Emergencies Act ( 50 U.S.C. 1631 (c) The Secretary of Defense shall ensure that actions taken pursuant to the authority delegated by this Section are accounted for as required by Section 401 of the National Emergencies Act ( 50 U.S.C. 1641 Sec Sec Sec l (b) Executive Order No. 11390, as amended [set out above], is further amended by revoking subsections 2, 3, 9, 12, and 15 of Section 1 thereof. (c) Executive Order No. 12239 is revoked.  Ronald Reagan.  Ex. Ord. No. 12781. Delegation of Functions and Authorities, Development of Requirements and Regulations, and Correction of Title Ex. Ord. No. 12781, Nov. 20, 1991 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 3603 of the Financial Reports Act of 1988 ( 22 U.S.C. 5351 et seq 22 U.S.C. 5353 8 U.S.C. 1324a(d)(2) June 14, 1987 30 Stat. 11 16 U.S.C. 473 section 301 of title 3 Section Functions Concerning Discussions with Foreign Governments to Improve Access by U.S. Banking and Financial Organizations 22 U.S.C. 5353 Sec Authority Concerning the Employment Verification System 8 U.S.C. 1324a(d)(4) Sec Authority, Requirements, and Regulations Concerning a Uniform Military Ration. (a) Authority section 9561(a) of title 10 (b) Requirements Components and Quantities Monetary Value Index (c) Regulations March 28, 1967 Sec Correction of Title of the Nez Perce National Forest June 26, 1908 Sec  George Bush.  Ex. Ord. No. 13313. Delegation of Certain Congressional Reporting Functions Ex. Ord. No. 13313, July 31, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section (a) The Secretary of State shall submit the following reports: 1. Report on Kosovo Peacekeeping, consistent with section 1213 of Public Law 106398 114 Stat. 1654 2. Report on Bosnia and U.S. Forces in NATO-Led Stabilization Force (SFOR), consistent with section 7(b) of Public Law 105174 112 Stat. 64 section 1203(a) of Public Law 105261 112 Stat. 2148 3. Report on Partnership for Peace Developments, consistent with [former] section 514 of Public Law 103236 22 U.S.C. 1928 4. Report on U.S. Military Personnel and U.S. Civilian Contractors in Colombia, consistent with section 3204(f) of Public Law 106246 114 Stat. 577 5. Report on Nuclear Nonproliferation, consistent with section 601(a) of Public Law 95242 Public Law 103236 22 U.S.C. 3281(a) 6. Report on Resolution of the Cyprus Dispute, consistent with section 620C(c) of Public Law 87195 Public Law 95384 22 U.S.C. 2373(c) 7. Report on Peacekeeping, consistent with section 4 of Public Law 79264 22 U.S.C. 287b 8. Report on Proposed Refugee Admissions, consistent with section 207(d)(1) of Public Law 96212 8 U.S.C. 1157(d)(1) 9. Report on Continued Compliance With the Provisions of the Jackson-Vanik Amendment, consistent with sections 402(b) and 409(b) of Public Law 93618 19 U.S.C. 2432(b) 10. Report Regarding Conditions in Burma and U.S. Policy Toward Burma, consistent with section 570(d) of Public Law 104208 110 Stat. 3009167 11. Report on Tibet Negotiations, consistent with section 613(b) of Public Law 107228 22 U.S.C. 6901 12. Report on Strategy for Meeting Security Needs of Afghanistan, consistent with section 206(c)(2) of Public Law 107327 22 U.S.C. 7536(c)(2) 13. Report on Proliferation of Missiles and Essential Components of Nuclear, Biological, Chemical, and Radiological Weapons, consistent with section 1308(a) of Public Law 107228 50 U.S.C. 2368(a) 14. Report on the National Emergency With Respect to Proliferation of Weapons of Mass Destruction, Executive Order 12938 [listed in a table under section 1701 of Title 50 50 U.S.C. 1703(c) 50 U.S.C. 1641(c) 15. Report on Adherence to and Compliance With Arms Control Agreements and Nonproliferation Agreements and Commitments, consistent with section 403 of Public Law 87297 22 U.S.C. 2593a 16. Report on Chemical Weapons Convention Inspections, consistent with section 309 of the Chemical Weapons Convention Implementation Act of 1998 ( 22 U.S.C. 6728 17. Report on U.S. Participation in the United Nations, consistent with section 4 of Public Law 79264 22 U.S.C. 287b 18. Report on Russian Proliferation to Iran and Other Countries of Proliferation Concern, consistent with section 1206 of Public Law 107314 22 U.S.C. 5952 (b) The Secretary of the Treasury shall submit the following reports: 1. Report on the National Emergency With Respect to Libya, Executive Order 12543 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 2. Report on the National Emergency With Respect to the Western Balkans, Executive Order 13219 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 3. Report on the National Emergency With Respect to the Risk of Nuclear Proliferation Relating to the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons of the Government of the Russian Federation, Executive Order 13159 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 4. Report on the National Emergency With Respect to Burma, Executive Order 13047 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 5. Report on the National Emergency With Respect to Middle East Terrorism, Executive Order 12947 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 6. Report on the National Emergency With Respect to the 1979 Iranian Emergency and Assets Blocking, Executive Order 12170 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 7. Report on the National Emergency With Respect to Iranian Petroleum Resources, Executive Order 12957 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 8. Report on the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia, Executive Order 12978 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 9. Report on the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism, Executive Order 13224 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 10. Report on the National Emergency With Respect to Sierra Leone and Liberia, Executive Order 13194 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 11. Report on the National Emergency With Respect to Sudan, Executive Order 13067 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 12. Report on the National Emergency With Respect to Iraq, Executive Order 12722 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 13. Report on the National Emergency With Respect to the Development Fund for Iraq, Executive Order 13303 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 14. Classified Report on the Status of Sanctions Imposed on Significant Foreign Narcotics Traffickers, consistent with section 804(d) of Public Law 106120 21 U.S.C. 1903(d) 15. Report on Telecommunications Payments Made to Cuba Pursuant to Department of the Treasury Specific Licenses, consistent with section 1705(e)(6) of Public Law 102484 Public Law 104114 22 U.S.C. 6004(e)(6) 16. Report on the National Emergency With Respect to Persons Undermining Democratic Processes or Institutions in Zimbabwe, Executive Order 13288 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) 17. Report on International Debt Relief, consistent with section 1000(a)(5) of Public Law 106113 113 Stat. 1501 (c) The Secretary of Defense shall submit the following reports: 1. Report on Kosovo Benchmarks, consistent with section 1212(c) of Public Law 106398 114 Stat. 1654 2. Report on the National Emergency With Respect to Terrorist Attacks on the United States, Proclamation 7463 of September 14, 2001 50 U.S.C. 1621 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) (d) The Secretary of Commerce shall submit the Report on the National Emergency Caused by the Lapse of the Export Administration Act of 1979, Executive Order 13222 [listed in a table under section 1701 of Title 50 50 U.S.C. 1641(c) 50 U.S.C. 1703(c) (e) The Director of Central Intelligence shall submit the following reports: 1. Report on Foreign Economic Collection and Industrial Espionage, consistent with section 809(b) of Public Law 103359 2. Reports on Commerce With, and Assistance to, Cuba from Other Foreign Countries, consistent with section 108(a) of Public Law 104114 22 U.S.C. 6038(a) (f) The Director of National Drug Control Policy shall submit the Report on Support for Plan Colombia, consistent with section 3204(e) of Public Law 106246 114 Stat. 576 Sec (a) The Secretary of State shall submit the following reports: 1. Report on the Inter-American Convention Against Corruption, consistent with the Resolution of Advice and Consent to Ratification of the Inter-American Convention Against Corruption adopted by the Senate on July 27, 2000 2. Report on Compliance With the Treaty on Conventional Armed Forces in Europe, consistent with Condition 5(C) of the Resolution of Advice and Consent to Ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe of November 19, 1990 3. Report on Chemical Weapons Convention Compliance, consistent with Condition 10(C) of the Resolution of Advice and Consent to the Chemical Weapons Convention adopted by the Senate on April 24, 1997 4. Report on Moscow Treaty Implementation, consistent with section 2(2) of the Resolution of Advice and Consent to Ratification of the Treaty on Strategic Offensive Reductions of May 24, 2002 (b) The Secretary of Commerce shall submit the Report on the Status of the World Intellectual Property Organization Copyright Treaty and the Performance and Phonograms Treaty, consistent with the Senates resolution of ratification of October 21, 1998 (c) The Secretary of Defense shall submit the Report on Moscow Treaty Implementation, consistent with section 2(1) of the Resolution of Advice and Consent to Ratification of the Treaty on Strategic Offensive Reductions of May 24, 2002 Sec Sec Sec  George W. Bush.  Executive Order No. 13337 Ex. Ord. No. 13337, Apr. 30, 2004 Apr. 10, 2019  Ex. Ord. No. 13346. Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions Ex. Ord. No. 13346, July 8, 2004 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section (a) The Secretary of State is authorized to make waivers, determinations, certifications, and recommendations, and to undertake related reporting, as described in: (i) Section 402(d)(1) of the Trade Act of 1974, as amended ( 19 U.S.C. 2432(d)(1) (ii) Section 609 of Division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105277 112 Stat. 2681112 Public Law 108199 118 Stat. 94 (iii) Section 102(a)(2) of the Arms Export Control Act, as amended ( 22 U.S.C. 2799aa1(a) (b) The United States Trade Representative shall submit the report relating to sub-Saharan Africa under section 106 of the African Growth and Opportunity Act ( Public Law 106200 19 U.S.C. 3705 Sec April 24, 1997 (a) The Secretary of State is authorized to make a certification consistent with section 2(7)(C)(i) of the Resolution [repealed by Pub. L. 117263, div. I, title XCVII,  9716(a) Dec. 23, 2022 136 Stat. 3921 (b) The Secretary of Commerce is authorized to make a certification consistent with section 2(9) of the Resolution with respect to the interests of certain firms in the United States. Sec section 2381 of Title 22 Sec section 3801 of Title 19 Sec Sec Sec Sec  George W. Bush.  Ex. Ord. No. 13358. Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces Ex. Ord. No. 13358, Sept. 28, 2004 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section Assignment of Functions to the Secretary of Defense (a) subsection 1521(a); (b) the first sentence of subsection 12203(a); (c) the first sentence of subsection 14111(a), except with respect to reports relating to the grades of brigadier general or above, or rear admiral (lower half) or above; and (d) subsection 14310(a), except with respect to removals relating to a promotion list for grades of brigadier general or above, or rear admiral (lower half) or above. Sec Assignment of Functions to the Secretary of Homeland Security (a) sub section 1521(a) of title 10 (b) the first sentence of sub section 12203(a) of title 10 (c) subsection 729(g) [now 3740(g)] of title 14, except with respect to approval of, or removal of a name from, a report relating to the grades of rear admiral (lower half) or above; and (d) subsection 738(a) [now 3749(a)] of title 14, except with respect to removals relating to a promotion list for grades of rear admiral (lower half) or above. Sec Reassignment of Functions Assigned section 131(b) of title 10 Sec General Provisions October 1, 2004 (b) Nothing in this order shall be construed to limit or otherwise affect the authority of the President as Commander in Chief of the Armed Forces of the United States, or under the Constitution and laws of the United States to nominate or to make or terminate appointments. (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, entities, officers, employees or agents, or any other person.  George W. Bush.  Ex. Ord. No. 13598. Assignment of Functions Relating to Certain Promotion and Appointment Actions in the Armed Forces Ex. Ord. No. 13598, Jan. 27, 2012 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section Assignment of Functions to the Secretary of Defense (a) the first sentence of section 14111(a) with respect to reports relating to the grades of brigadier general or above, or rear admiral (lower half) or above; (b) sections 629(c)(2) and 14310(c)(2) with respect to extending officer promotion eligibility periods; and (c) section 6222(c)(2) [now 8287(c)(2)] with respect to appointments of members of the Marine Band and members of the Marine Drum and Bugle Corps to grades not above the grade of captain. Sec Reassignment of Functions Assigned section 131(b) of title 10 Sec General Provisions (b) 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.  Ex. Ord. No. 13867. Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States Ex. Ord. No. 13867, Apr. 10, 2019 By the authority vested in me as President by the Constitution and the laws of the United States of America, including Article II of the Constitution, which gives the President authority over foreign affairs and the authority to seek the opinions of principal officers, it is hereby ordered as follows: Section Purpose Sec Cross-Border Infrastructure Presidential Permit Application Procedures (b) Except with respect to facilities covered by Executive Order 10485 of September 3, 1953 15 U.S.C. 717b May 10, 1954 (i) pipelines, conveyor belts, and similar facilities for exportation or importation of all products to or from a foreign country; (ii) facilities for the exportation or importation of water or sewage to or from a foreign country; (iii) facilities for the transportation of persons or things, or both, to or from a foreign country; (iv) bridges, to the extent that congressional authorization is not required; (v) similar facilities above or below ground; and (vi) border crossings for land transportation, including motor and rail vehicles, to or from a foreign country, whether or not in conjunction with the facilities identified in subsection (b)(iii) of this section. (c) Upon receipt of an application pursuant to subsection (b) of this section, the Secretary of State may: (i) request additional information from the applicant that the President may deem necessary; and (ii) refer the application and pertinent information to heads of agencies specified by the President. (d) The Secretary of State shall, as soon as practicable after receiving an application pursuant to subsection (b) of this section, advise the President as to whether the President should request the opinion, in writing, of any heads of agencies concerning the application and any related matter. Any agency heads whose opinion the President requests shall provide views and render such assistance as may be requested, consistent with their legal authority, in a timely manner, not to exceed 30 days from the date of a request, unless the President otherwise specifies. (e) With respect to each application, the Secretary of State may solicit such advice from State, tribal, and local government officials, and foreign governments, as the President may deem necessary. The Secretary shall seek responses within no more than 30 days from the date of a request. (f) Upon receiving the views and assistance described in subsections (c), (d), and (e) of this section, the Secretary of State shall consider whether additional information may be necessary in order for the President to evaluate the application, and the Secretary shall advise the President accordingly. At the direction of the President, the Secretary shall request any such additional information. (g) If, at the conclusion of the actions set forth in subsections (b) through (f) of this section, the Secretary of State is of the opinion that the issuance of a Presidential permit to the applicant, or the amendment of an existing Presidential permit, would not serve the foreign policy interests of the United States, the Secretary shall so advise the President, and provide the President with the reasons supporting that opinion, in writing. (h) If, at the conclusion of the actions set forth in subsections (b) through (f) of this section, the Secretary of State is of the opinion that the issuance of a Presidential permit to the applicant, or the amendment of an existing Presidential permit, would serve the foreign policy interests of the United States, the Secretary shall so advise the President, and provide the President with the reasons supporting that opinion, in writing. (i) Any decision to issue, deny, or amend a permit under this section shall be made solely by the President. (j) The Secretary of State shall, consistent with applicable law, review the Department of States regulations and make any appropriate changes to them to ensure consistency with this order by no later than May 29, 2020 (k) Executive Order 13337 of April 30, 2004 August 16, 1968 Sec Existing Permits Apr. 10, 2019 Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) 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.  Donald J. Trump.  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 July 1, 2005 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 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 Public Law 108458 118 Stat. 3638 8 U.S.C. 1777(g) 22 U.S.C. 2656 The reporting function under section 7202(d) [now 7202(g)] of the Act [ 8 U.S.C. 1777(g) 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 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 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 Presidents 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 Executives 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  The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President. (Added Oct. 31, 1951, ch. 655,  10 65 Stat. 712  Statutory Notes and Related Subsidiaries 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. (Added Oct. 31, 1951, ch. 655,  10 65 Stat. 712  Statutory Notes and Related Subsidiaries 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 IGENERAL PROVISIONS  Sec.  401. Definitions.  402. Application of laws.  SUBCHAPTER IIEXTENSION OF RIGHTS AND PROTECTIONS  Part AEmployment 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.  412. Rights and protections under the Family and Medical Leave Act of 1993.  413. Rights and protections under the Fair Labor Standards Act of 1938.  414. Rights and protections under the Employee Polygraph Protection Act of 1988.  415. Rights and protections under the Worker Adjustment and Retraining Notification Act.  416. Rights and protections relating to veterans employment and reemployment.  417. Prohibition of intimidation or reprisal.  Part BPublic Access Provisions Under the Americans With Disabilities Act of 1990  421. Rights and protections under the Americans With Disabilities Act of 1990. 1 1  Part COccupational Safety and Health Act of 1970  425. Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations.  Part DLabor-Management Relations  431. Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations.  Part EGeneral  435. Generally applicable remedies and limitations.  SUBCHAPTER IIIADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION PROCEDURES  451. Procedure for consideration of alleged violations.  452. Counseling and mediation.  453. Election of proceeding.  454. Appropriate agencies.  455. Effect of failure to issue regulations.  456. Confidentiality.  SUBCHAPTER IVEFFECTIVE DATE  471. Effective date. SUBCHAPTER I GENERAL PROVISIONS  401. Definitions (a)  In General Except as otherwise specifically provided in this chapter, as used in this chapter: (1)  Board The term Board means the Merit Systems Protection Board under chapter 12 of title 5. (2)  Covered employee The term covered employee means any employee of an employing office. (3)  Employee The term employee includes an applicant for employment and a former employee. (4)  Employing office The term employing office means (A) each office, agency, or other component of the Executive Office of the President; (B) the Executive Residence at the White House; and (C) the official residence (temporary or otherwise) of the Vice President. (b)  Definitions Relating to Certain Matters For purposes of applying this chapter with respect to any practice or other matter (1) to which section 411 relates, the terms employing office and covered employee shall each be considered to have the meaning given to the term by such section; (2) to which section 412 relates, the term covered employee means a covered employee described in section 412(a)(2)(B); (3) to which section 413 relates, the term covered employee excludes interns and volunteers, as described in section 413(a)(2); and (4) to which section 416 relates, the term covered employee means a covered employee described in section 416(a)(2). (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4054  Statutory Notes and Related Subsidiaries Regulations Pub. L. 104331,  2(b) Oct. 26, 1996 110 Stat. 4068  Appropriate measures shall be taken to ensure that (1) any regulations required to implement section 411 of title 3 October 1, 1997 (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. 104331,  4 Oct. 26, 1996 110 Stat. 4071  (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 Oct. 26, 1996 section 401 of title 3 (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): (1) The Fair Labor Standards Act of 1938. (2) Title VII of the Civil Rights Act of 1964. (3) The Americans with Disabilities Act of 1990. (4) The Age Discrimination in Employment Act of 1967. (5) The Family and Medical Leave Act of 1993. (6) The Occupational Safety and Health Act of 1970. (7) Chapter 71 (relating to Federal service labor-management relations) of title 5. (8) The Employee Polygraph Protection Act of 1988. (9) The Worker Adjustment and Retraining Notification Act. (10) The Rehabilitation Act of 1973. (11) Chapter 43 (relating to veterans employment and reemployment) of title 38. (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4054  Editorial Notes  References in Text The Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676 52 Stat. 1060 section 201 of Title 29 The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88352 July 2, 1964 78 Stat. 252 section 2000a of Title 42 The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101336 July 26, 1990 104 Stat. 327 section 12101 of Title 42 The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90202 Dec. 15, 1967 81 Stat. 602 section 621 of Title 29 The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 1033 Feb. 5, 1993 107 Stat. 6 section 2105 of Title 5 section 2601 of Title 29 section 2601 of Title 29 The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91596 Dec. 29, 1970 84 Stat. 1590 section 651 of Title 29 The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100347 June 27, 1988 102 Stat. 646 section 2001 of Title 29 The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100379 Aug. 4, 1988 102 Stat. 890 section 2101 of Title 29 The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93112 Sept. 26, 1973 87 Stat. 355 section 701 of Title 29 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 (a)  Discriminatory Practices Prohibited All personnel actions affecting covered employees shall be made free from any discrimination based on (1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964; (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967; or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 and sections 102 through 104 of the Americans with Disabilities Act of 1990. (b)  Remedy. (1)  Civil rights The remedy for a violation of subsection (a)(1) shall be (A) such damages as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964; and (B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes, or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes. (2)  Age discrimination The remedy for a violation of subsection (a)(2) shall be (A) such damages as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967; and (B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act. In addition, the waiver provisions of section 7(f) of such Act shall apply to covered employees. (3)  Disabilities discrimination The remedy for a violation of subsection (a)(3) shall be (A) such damages as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 or section 107(a) of the Americans with Disabilities Act of 1990; and (B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes. (c)  Definitions Except as otherwise specifically provided in this section, as used in this section: (1)  Covered employee The term covered employee means any employee of a unit of the executive branch, including the Executive Office of the President, whether appointed by the President or by any other appointing authority in the executive branch, who is not otherwise entitled to bring an action under any of the statutes referred to in subsection (a), but does not include any individual (A) whose appointment is made by and with the advice and consent of the Senate; (B) who is appointed to an advisory committee, as defined in section 1001 of title 5 (C) who is a member of the uniformed services. (2)  Employing office The term employing office, with respect to a covered employee, means the office, agency, or other entity in which the covered employee is employed (or sought employment or was employed in the case of an applicant or former employee, respectively). (d)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b). (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b) (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 717 of the Civil Rights Act of 1964 or section 501 of the Rehabilitation Act of 1973 that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in paragraph (1) or (3) of subsection (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regulations (i) would be equally effective for the implementation of the rights and protections under this section; and (ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (e)  Applicability Subsections (a) through (c), and section 417 (to the extent that it relates to any matter under this section), shall apply with respect to violations occurring on or after the effective date of this chapter. (f)  Effective Date This section shall take effect on October 1, 1997 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4055 Pub. L. 117286,  4(a)(3) Dec. 27, 2022 136 Stat. 4305  Editorial Notes  References in Text Sections 703, 706, and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a)(1), (b)(1)(A), and (d)(2)(B), are classified to sections 2000e2, 2000e5, and 2000e16, respectively, of Title 42, The Public Health and Welfare. Sections 7 and 15 of the Age Discrimination in Employment Act of 1967, referred to in subsecs. (a)(1) and (b)(2), are classified to sections 626 and 633a, respectively, of Title 29, Labor. Sections 501 and 505 of the Rehabilitation Act of 1973, referred to in subsecs. (a)(3), (b)(3)(A), and (d)(2)(B), are classified to sections 791 and 794a, respectively, of Title 29. Sections 102 to 104 and 107 of the Americans with Disabilities Act of 1990, referred to in subsecs. (a)(3) and (b)(3)(A), are classified to sections 12112 to 12114 and 12117, respectively, of Title 42, The Public Health and Welfare. Sections 1977 and 1977A of the Revised Statutes, referred to in subsec. (b)(1)(B), (3)(B), are classified to sections 1981 and 1981a, respectively, of Title 42. The effective date of this chapter, referred to in subsec. (e), is Oct. 1, 1997 section 471 of this title Amendments 2022Subsec. (c)(1)(B). Pub. L. 117286 section 1001 of title 5 Statutory Notes and Related Subsidiaries Effective Date Subsec. (d) of this section effective Oct. 26, 1996 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 section 2(b)(1) of Pub. L. 104331 section 401 of this title  412. Rights and protections under the Family and Medical Leave Act of 1993 (a)  Family and Medical Leave Rights and Protections Provided. (1)  In general The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 shall apply to covered employees. (2)  Definitions For purposes of the application described in paragraph (1) (A) the term employer as used in the Family and Medical Leave Act of 1993 means any employing office; and (B) the term eligible employee as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. (3)  Exception Notwithstanding section 401(b)(2), the requirements of paragraph (2)(B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (b)  Remedy The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993. (c)  Special Rules for Substitution of Paid Leave. (1)  Substitution of paid leave A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (2)  Available leave The paid leave that is available to a covered employee for purposes of paragraph (1) is leave of the type and in the amount available to an employee under section 6382(d)(2)(B) of title 5 (3)  Consistency with title 5 Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382(d)(2) of title 5 (d)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of subchapter V of chapter 63 of title 5, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations (i) would be equally effective for the implementation of the rights and protections under this section; and (ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government; and (C) except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection. (e)  Effective Date Subsections (a) and (b) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (c) (as in effect on the date of enactment of the Presidential and Executive Office Accountability Act); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4057 Pub. L. 116283, div. A, title XI,  1103(e)(1) Jan. 1, 2021 134 Stat. 3888  Editorial Notes  References in Text The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 1033 Feb. 5, 1993 107 Stat. 6 section 2105 of Title 5 section 2601 of Title 29 section 2601 of Title 29 The date of enactment of the Presidential and Executive Office Accountability Act, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 104331 Oct. 26, 1996 Amendments 2021Subsec. (a)(3). Pub. L. 116283,  1103(e)(1)(A) Subsecs. (c), (d). Pub. L. 116283,  1103(e)(1)(B) Subsec. (d)(2)(C). Pub. L. 116283,  1103(e)(1)(D) Subsec. (e). Pub. L. 116283,  1103(e)(1)(B) Subsec. (e)(1). Pub. L. 116283,  1103(e)(1)(E) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 116283, div. A, title XI,  1103(e)(2) Jan. 1, 2021 134 Stat. 3889 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 section 471(b) of this title  413. Rights and protections under the Fair Labor Standards Act of 1938 (a)  Fair Labor Standards. (1)  In general The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 shall apply to covered employees. (2)  Interns and volunteers For the purposes of this section, the term covered employee does not include an intern or a volunteer as defined in regulations under subsection (c). (3)  Compensatory time Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation. (b)  Remedy The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938. (c)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (3)  Irregular work schedules The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules. (d)  Effective Date Subsections (a) and (b) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (c); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4058  Editorial Notes  References in Text The Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch. 676 52 Stat. 1060 section 201 of Title 29 Statutory Notes and Related Subsidiaries Effective Date Subsec. (c) of this section effective Oct. 26, 1996 section 471(b) of this title  414. Rights and protections under the Employee Polygraph Protection Act of 1988 (a)  Polygraph Practices Prohibited No employing office may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988. In addition, the waiver provisions of section 6(d) of such Act shall apply to covered employees. (b)  Remedy The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988. (c)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (d)  Effective Date Subsections (a) and (b) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (c); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4058  Editorial Notes  References in Text Sections 3 and 6 of the Employee Polygraph Protection Act of 1988, referred to in subsecs. (a) and (b), are classified to sections 2002 and 2005, respectively, of Title 29, Labor. Statutory Notes and Related Subsidiaries Effective Date Subsec. (c) of this section effective Oct. 26, 1996 section 471(b) of this title  415. Rights and protections under the Worker Adjustment and Retraining Notification Act (a)  Worker Adjustment and Retraining Notification Rights. (1)  In general Except as provided in paragraph (2), no employing office shall be closed or mass layoff ordered within the meaning of section 3 of the Worker Adjustment and Retraining Notification Act until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees. (2)  Exception. (A)  In general In the event that a President (hereinafter in this paragraph referred to as the previous President) is not elected to a successive term in office as a result of the election of a new President (i) no notice or waiting period shall be required under paragraph (1) with respect to the separation of any individual described in subparagraph (B), if such separation occurs pursuant to a closure or mass layoff ordered after the term of the new President commences; and (ii) if any individual is separated from service, or begins a period of leave under the Family and Medical Leave Act of 1993, before such term commences, nothing in this chapter shall require reinstatement or restoration to employment of the individual after such term commences. (B)  Description of individuals An individual described in this subparagraph is any covered employee serving pursuant to an appointment made during (i) the term of office of the previous President; or (ii) any term, earlier than the term referred to in clause (i), during which such previous President served as President or Vice President. (b)  Remedy The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act. (c)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (d)  Effective Date Subsections (a) and (b) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (c); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4059  Editorial Notes  References in Text Sections 3 and 5 of the Worker Adjustment and Retraining Notification Act, referred to in subsecs. (a)(1) and (b), are classified to sections 2102 and 2104, respectively, of Title 29, Labor. The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2)(A)(ii), is Pub. L. 1033 Feb. 5, 1993 107 Stat. 6 section 2105 of Title 5 section 2601 of Title 29 section 2601 of Title 29 Statutory Notes and Related Subsidiaries Effective Date Subsec. (c) of this section effective Oct. 26, 1996 section 471(b) of this title  416. Rights and protections relating to veterans employment and reemployment (a)  Employment and Reemployment Rights of Members of the Uniformed Services. (1)  In general It shall be unlawful for an employing office to (A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38 (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2)  Definition For purposes of this section, the term eligible employee means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38 (b)  Remedy The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323(d) of title 38 (c)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations (i) would be equally effective for the implementation of the rights and protections under this section; and (ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (d)  Effective Date Subsections (a) and (b) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (c); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4060 Pub. L. 111275, title VII,  703(c) Oct. 13, 2010 124 Stat. 2888  Editorial Notes Amendments 2010Subsec. (b). Pub. L. 111275 section 4323(d) of title 38 section 4323(c) of title 38 Statutory Notes and Related Subsidiaries Effective Date Subsec. (c) of this section effective Oct. 26, 1996 section 471(b) of this title  417. Prohibition of intimidation or reprisal (a)  In General It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter. (b)  Remedy A violation of subsection (a) may be remedied by any legal remedy available to redress the practice opposed by the covered employee or other violation of law as to which the covered employee initiated proceedings, made a charge, or engaged in other conduct protected under subsection (a). (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4061 Part B Public Access Provisions Under the Americans With Disabilities Act of  421. Rights and protections under the Americans with Disabilities Act of 1990 (a)  Rights and Protections The rights and protections against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections 302, 303, and 309, of the Americans with Disabilities Act of 1990 shall apply, to the extent that public services, programs, or activities are provided, with respect to the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. (b)  Remedy The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 203 or 308 of the Americans with Disabilities Act of 1990, as the case may be, except that, with respect to any claim of employment discrimination, the exclusive remedy shall be under section 411 of this title (c)  Definition For purposes of the application under this section of the Americans with Disabilities Act of 1990, the term public entity as used in such Act, means, to the extent that public services, programs, or activities are provided, the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. (d)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in subsections (a) and (b) (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 1, 2, 3, or 6 of the Act entitled An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped, approved August 12, 1968 (i) would be equally effective for the implementation of the rights and protections under this section; and (ii) would promote uniformity in the application of Federal law to agencies of the executive branch of the Federal Government. (e)  Effective Date Subsections (a), (b), and (c) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (d); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4061 Pub. L. 10692,  2 Nov. 9, 1999 113 Stat. 1309  Editorial Notes  References in Text The Americans with Disabilities Act of 1990, referred to in subsecs. (a) to (c), is Pub. L. 101336 July 26, 1990 104 Stat. 327 section 12101 of Title 42 Sections 1, 2, 3, and 6 of the Act of August 12, 1968 Section 501 of the Rehabilitation Act of 1973, referred to in subsec. (d)(2)(B), is classified to section 791 of Title 29 Amendments 1999Subsecs. (a), (c). Pub. L. 10692 Statutory Notes and Related Subsidiaries Effective Date Subsec. (d) of this section effective Oct. 26, 1996 section 471(b) of this title Part C Occupational Safety and Health Act of  425. Rights and protections under the Occupational Safety and Health Act of 1970; procedures for remedy of violations (a)  Occupational Safety and Health Protections. (1)  In general Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970. (2)  Definitions For purposes of the application under this section of the Occupational Safety and Health Act of 1970 (A) the term employer as used in such Act means an employing office; and (B) the term employee as used in such Act means a covered employee. (b)  Remedy The remedy for a violation of subsection (a) shall be an order to correct the violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970. (c)  Procedures. (1)  Requests for inspections Upon written request of any employing office or covered employee, the Secretary of Labor shall have the authority to inspect and investigate places of employment under the jurisdiction of employing offices in accordance with subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970. (2)  Citations, notices, and notifications The Secretary of Labor shall have the authority, in accordance with sections 9 and 10 of the Occupational Safety and Health Act of 1970, to issue (A) a citation or notice to any employing office responsible for correcting a violation of subsection (a); or (B) a notification to any employing office that the Secretary of Labor believes has failed to correct a violation for which a citation has been issued within the period permitted for its correction. (3)  Hearings and review If after issuing a citation or notification, the Secretary of Labor determines that a violation has not been corrected (A) the citation and notification shall be deemed a final order (within the meaning of section 10(b) of the Occupational Safety and Health Act of 1970) if the employer fails to notify the Secretary of Labor within 15 days (excluding Saturdays, Sundays, and Federal holidays) after receipt of the notice that the employer intends to contest the citation or notification; or (B) opportunity for a hearing before the Occupational Safety and Health Review Commission shall be afforded in accordance with section 10(c) of the Occupational Safety and Health Act of 1970, if the employer gives timely notice to the Secretary that he intends to contest the citation or notification. (4)  Variance procedures An employing office may request from the Secretary of Labor an order granting a variance from a standard made applicable by this section, in accordance with sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970. (5)  Judicial review Any person or employing office aggrieved by a final decision of the Occupational Safety and Health Review Commission under paragraph (3) or the Secretary of Labor under paragraph (4) may file a petition for review with the United States Court of Appeals for the Federal Circuit under section 1296 of title 28 (6)  Compliance date If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review. (d)  Regulations To Implement Section. (1)  In general The President, or the designee of the President, shall issue regulations to implement this section. (2)  Agency regulations The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) (A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and (B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 19 of the Occupational Safety and Health Act of 1970 that applies to agencies or employees of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations (i) would be equally effective for the implementation of the rights and protections under this section; and (ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. (3)  Employing office responsible for correction The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for different categories of violations of subsection (a), the employing office responsible for correction of a particular violation. (e)  Effective Date Subsections (a) through (c) shall take effect on the earlier of (1) the effective date of regulations issued under subsection (d); or (2)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4062  Editorial Notes  References in Text The Occupational Safety and Health Act of 1970, referred to in subsecs. (a) to (c)(4) and (d)(2)(B), is Pub. L. 91596 Dec. 29, 1970 84 Stat. 1590 section 651 of Title 29 Statutory Notes and Related Subsidiaries Effective Date Subsec. (d) of this section effective Oct. 26, 1996 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 (a)  Labor-Management Rights Subject to subsection (d), chapter 71 of title 5 shall apply to employing offices and to covered employees and representatives of those employees, except that covered employees shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or 7123 of title 5. (b)  Definition For purposes of the application under this section of chapter 71 of title 5, the term agency as used in such chapter means an employing office. (c)  Regulations To Implement Section. (1)  In general The Federal Labor Relations Authority shall issue regulations to implement this section. (2)  Agency regulations Except as provided in subsection (d), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions referred to in subsection (a), except (A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or (B) as the Authority may determine that a modification of such regulations is necessary to avoid a conflict of interest or appearance of a conflict of interest. (d)  Specific Regulations Regarding Applications to Certain Employing Offices. (1)  Regulations required The Authority shall issue regulations on the manner and the extent to which the requirements and exemptions of chapter 71 of title 5 should apply to covered employees who are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as the substantive regulations issued by the Authority under such chapter, except (A) to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and (B) that the Authority shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Authority determines that such exclusion is required because of (i) a conflict of interest or appearance of a conflict of interest; or (ii) the Presidents or Vice Presidents constitutional responsibilities. (2)  Offices referred to The offices referred to in paragraph (1) include (A) the White House Office; (B) the Executive Residence at the White House; (C) the Office of the Vice President; (D) the Office of Policy Development; (E) the Council of Economic Advisers; (F) the National Security Council; (G) the Office of Management and Budget; and (H) the Office of National Drug Control Policy. (e)  Effective Date. (1)  In general Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of (A) the effective date of regulations issued under subsection (c); or (B)  October 1, 1998 (2)  Certain employing offices Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of employing offices, referred to in subsection (d)(2), on the earlier of (A) the effective date of regulations issued under subsection (d); or (B)  October 1, 1998 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4064  Statutory Notes and Related Subsidiaries Effective Date Subsecs. (c) and (d) of this section effective Oct. 26, 1996 section 471(b) of this title Part E General  435. Generally applicable remedies and limitations (a)  Attorneys Fees If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 421, is a prevailing party in any proceeding under section 453(1), the administrative agency may award attorneys fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964. (b)  Interest In any proceeding under section 453(1), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964. (c)  Civil Penalties and Punitive Damages Except as otherwise provided in this chapter, no civil penalty or punitive damages may be awarded with respect to any claim under this chapter. (d)  Exclusive Procedure. (1)  In general Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter and in sections 1296 and 1346(g) and chapter 179 of title 28. (2)  Veterans A covered employee under section 416 may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. (e)  Scope of Remedy Only a covered employee who has undertaken and completed the procedures described in section 452 may be granted a remedy under part A of this subchapter. (f)  Construction. (1)  Definitions and exemptions Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter. (2)  Size limitations Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter. (g)  Political Affiliation It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee. (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4066  Editorial Notes  References in Text Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e5 and 2000e16, respectively, of Title 42, The Public Health and Welfare. Section 2 of the Worker Adjustment and Retraining Notification Act, referred to in subsec. (f)(2), is classified to section 2101 of Title 29 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 (1) counseling and mediation as provided in section 452; and (2) election, as provided in section 453, of either (A) an administrative proceeding as provided in section 453(1) and judicial review as provided in section 1296 of title 28 (B) a civil action in a district court of the United States as provided in section 1346(g) of title 28 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4067  452. Counseling and mediation (a)  In General The President, or the designee of the President, shall by regulation establish procedures substantially similar to those under sections 402 and 403 of the Congressional Accountability Act of 1995 for the counseling and mediation of alleged violations of a law made applicable under part A of subchapter II. (b)  Exhaustion Requirement A covered employee who has not exhausted counseling and mediation under subsection (a) shall be ineligible to make any election under section 453 or otherwise pursue any further form of relief under this subchapter. (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4067  Editorial Notes  References in Text Sections 402 and 403 of the Congressional Accountability Act of 1995, referred to in subsec. (a), are classified to sections 1402 and 1403, respectively, of Title 2, The Congress. Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 Oct. 26, 1996 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 (1) file a complaint with the appropriate agency, as determined under section 454; or (2) file a civil action under section 1346(g) of title 28 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4067  454. Appropriate agencies (a)  In General Except as provided in subsection (b), the appropriate agency under this section with respect to an alleged violation of part A of subchapter II shall be the Board. The complaint in an action involving such an alleged violation shall be processed under the procedures specified by the President, or the designee of the President, in such regulations as the President or designee may issue. (b)  Exceptions. (1)  Discrimination For purposes of any action arising under section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the appropriate agency shall be the Equal Employment Opportunity Commission, and the complaint in any such action shall be processed under the same administrative procedures as any such complaint filed by any employee in the executive branch of the Federal Government (other than a covered employee). (2)  Mixed cases In the case of any covered employee (within the meaning of section 411) who has been affected by an action which an employee of an executive agency may appeal to the Board and who alleges that a basis for the action was discrimination prohibited by section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the initial appropriate agency shall be the Board, and such matter shall thereafter be processed in accordance with section 7702(a)(d) (disregarding paragraph (2) of such subsection (a)) and (f) of title 5. (3)  Judicial review Notwithstanding any other provision of law (including any provision of law referenced in paragraph (1) or (2)), judicial review of any administrative decision under this subsection shall be by appeal to the United States Court of Appeals for the Federal Circuit under section 1296 of title 28 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4067  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1997 Oct. 26, 1996 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. (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4068  456. Confidentiality (a)  Counseling All counseling under section 452 shall be strictly confidential, except that, with the consent of the covered employee, the employing office may be notified. (b)  Mediation All mediation under section 452 shall be strictly confidential. (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4068 SUBCHAPTER IV EFFECTIVE DATE  471. Effective date (a)  In General Except as otherwise provided in this chapter, this chapter shall take effect on October 1, 1997 (b)  Regulations Sections 411(d), 412(c), 413(c), 414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) shall take effect on the date of enactment of this Act. 1 1 (Added Pub. L. 104331,  2(a) Oct. 26, 1996 110 Stat. 4068  Editorial Notes  References in Text The date of enactment of this Act, referred to in subsec. (b), probably means the date of enactment of Pub. L. 104331 Oct. 26, 1996