dreamproit/uscode huggingface dataset:
3 U.S.C. § 115 (THE PRESIDENT)
§ 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 and the duties of which are comparable to those described in section 3132(a)(2) of such title or to any other position if, with respect to such position, the President makes certification—
(1) that such position is—
(A) a confidential or policy-making position; or
(B) a position for which political affiliation or political philosophy is otherwise an important qualification; and
(2) that any individual selected for such position is expected to vacate the position at or before the end of the President’s term (or terms) of office.
Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.
(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)
3 U.S.C. § 201 (THE PRESIDENT)
[§ 201. Repealed. July 16, 1951, ch. 226, § 5(a), 65 Stat. 122]
text: Section, act June 25, 1948, ch. 644, 62 Stat. 680, related to protection of President and family. See section 3056 of Title 18, Crimes and Criminal Procedure.
3 U.S.C. § 202 to 204 (THE PRESIDENT)
[§§ 202 to 204. Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255]
text: Section 202, acts June 25, 1948, ch. 644, 62 Stat. 680; Pub. L. 87–481, § 1, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(2), (3), Mar. 19, 1970, 84 Stat. 74; Pub. L. 93–346, § 7, July 12, 1974, as added Pub. L. 93–552, title VI, § 609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–196, § 1(a), (b), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 95–570, § 5(d), Nov. 2, 1978, 92 Stat. 2451; Pub. L. 97–418, § 1(a), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–500, § 101(m) [title VI, § 622], Oct. 18, 1986, 100 Stat. 1783–308, 1783–333; Pub. L. 99–591, § 101(m) [title VI, § 622], Oct. 30, 1986, 100 Stat. 3341–308, 3341–333; Pub. L. 102–138, title I, § 135(b)(1)–(3), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 102–499, § 3(a), Oct. 24, 1992, 106 Stat. 3264; Pub. L. 107–296, title XVII, § 1703(a)(1), Nov. 25, 2002, 116 Stat. 2313, related to establishment, control, supervision, privileges, powers, and duties of United States Secret Service Uniformed Division.
text: Section 203, acts June 25, 1948, ch. 644, 62 Stat. 680; Aug. 15, 1950, ch. 715, § 2, 64 Stat. 448; June 28, 1952, ch. 481, 66 Stat. 283; Pub. L. 87–481, § 2, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(1), (4)–(6), Mar. 19, 1970, 84 Stat. 74, 75; Pub. L. 94–196, § 1(c), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30, 1996, 110 Stat. 3009–314, 3009–324, related to personnel, appointment, and vacancies in the United States Secret Service Uniformed Division.
text: Section 204, acts June 25, 1948, ch. 644, 62 Stat. 680; June 20, 1953, ch. 146, title IV, § 402, 67 Stat. 76; Pub. L. 85–584, title V, § 502(a), Aug. 1, 1958, 72 Stat. 485; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to grades, salaries, and transfers of appointees to the United States Secret Service Uniformed Division.
text: See section 3056A of Title 18, Crimes and Criminal Procedure.
3 U.S.C. § 205 (THE PRESIDENT)
[§ 205. Repealed. Pub. L. 91–217, § 1(7), Mar. 19, 1970, 84 Stat. 75]
text: Section, act June 25, 1948, ch. 644, 62 Stat. 680, provided for appointment of members of White House Police force in accordance with civil service laws.
3 U.S.C. § 206 to 209 (THE PRESIDENT)
[§§ 206 to 209. Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255]
text: Section 206, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(8), Mar. 19, 1970, 84 Stat. 75; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to privileges of civil-service appointees.
text: Section 207, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to participation in police and firemen’s relief fund.
text: Section 208, added Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109; amended Pub. L. 97–418, § 1(b), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–93, title I, § 126(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99–399, title IV, § 410, Aug. 27, 1986, 100 Stat. 866; Pub. L. 102–138, title I, § 135(a)(1), (2), (c), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 107–296, title XVII, § 1703(a)(2), Nov. 25, 2002, 116 Stat. 2313, related to reimbursement of State and local governments.
text: Section 209, acts June 25, 1948, ch. 644, 62 Stat. 681, § 208; renumbered § 209, Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109, related to authorization of appropriations to carry out provisions.
text: See section 3056A of Title 18, Crimes and Criminal Procedure.
3 U.S.C. § 302 (THE PRESIDENT)
§ 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.)
heading: Similar Provisions; Repeal; Saving Clause
text: For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.
3 U.S.C. § 303 (THE PRESIDENT)
§ 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.)
heading: Similar Provisions; Repeal; Saving Clause
text: For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title.
3 U.S.C. § 401 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4054.)
heading: Regulations
text: Pub. L. 104–331, § 2(b), Oct. 26, 1996, 110 Stat. 4068, provided that:
“Appropriate measures shall be taken to ensure that—
“(1) any regulations required to implement section 411 of title 3, United States Code, shall be in effect by October 1, 1997; and
“(2) any other regulations needed to implement chapter 5 of title 3, United States Code, shall be in effect as soon as practicable, but not later than October 1, 1998.”
heading: Applicability of Future Employment Laws
text: Pub. L. 104–331, § 4, Oct. 26, 1996, 110 Stat. 4071, provided that:
“(a) In General.—
Each provision of Federal law that is made applicable to the legislative branch under section 102 of the Congressional Accountability Act of 1995 (2 U.S.C. 1302), and that is enacted later than 12 months after the date of the enactment of this Act [Oct. 26, 1996], shall be deemed to apply with respect to ‘employing offices’ and ‘covered employees’ (within the meaning of section 401 of title 3, United States Code, as added by this Act), unless such law specifically provides otherwise and expressly cites this section.
“(b) Regulations.—
“(1) In general.—
The President, or the designee of the President, shall issue regulations to implement such provision.
“(2) Agency regulations.—
The regulations issued under paragraph (1) to implement a provision shall be the same as substantive regulations promulgated by the head of the appropriate executive agency to implement the provision, except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under the section.”
3 U.S.C. § 413 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)
heading: References in Text
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, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. Sections 6, 7, 12, and 16 of the Act are classified to sections 206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
heading: Effective Date
text: Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
3 U.S.C. § 414 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)
heading: References in Text
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.
heading: Effective Date
text: Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
3 U.S.C. § 416 (THE PRESIDENT)
§ 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, against an eligible employee;
(B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or
(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.
(2) Definition.—
For purposes of this section, the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been terminated upon the occurrence of any of the events enumerated in section 4304 of such title.
(b) Remedy.—
The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323(d) of title 38.
(c) Regulations To Implement Section.—
(1) In general.—
The President, or the designee of the President, shall issue regulations to implement this section.
(2) Agency regulations.—
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
(d) Effective Date.—
Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4060; amended Pub. L. 111–275, title VII, § 703(c), Oct. 13, 2010, 124 Stat. 2888.)
heading: Amendments
text: 2010—Subsec. (b). Pub. L. 111–275 substituted “under section 4323(d) of title 38” for “under paragraphs (1) and (2)(A) of section 4323(c) of title 38”.
heading: Effective Date
text: Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
3 U.S.C. § 417 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4061.)
3 U.S.C. § 435 (THE PRESIDENT)
§ 435. Generally applicable remedies and limitations
(a) Attorney’s Fees.—
If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 421, is a prevailing party in any proceeding under section 453(1), the administrative agency may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.
(b) Interest.—
In any proceeding under section 453(1), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.
(c) Civil Penalties and Punitive Damages.—
Except as otherwise provided in this chapter, no civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
(d) Exclusive Procedure.—
(1) In general.—
Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter and in sections 1296 and 1346(g) and chapter 179 of title 28.
(2) Veterans.—
A covered employee under section 416 may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
(e) Scope of Remedy.—
Only a covered employee who has undertaken and completed the procedures described in section 452 may be granted a remedy under part A of this subchapter.
(f) Construction.—
(1) Definitions and exemptions.—
Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
(2) Size limitations.—
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter.
(g) Political Affiliation.—
It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4066.)
heading: References in Text
text: Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare.
Section 2 of the Worker Adjustment and Retraining Notification Act, referred to in subsec. (f)(2), is classified to section 2101 of Title 29, Labor.
3 U.S.C. § 451 (THE PRESIDENT)
§ 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; or
(B) a civil action in a district court of the United States as provided in section 1346(g) of title 28.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
3 U.S.C. § 452 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
heading: References in Text
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.
heading: Effective Date
text: Section effective Oct. 1, 1997, except that subsec. (a) of this section effective Oct. 26, 1996, see section 471 of this title.
3 U.S.C. § 453 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)