dreamproit/uscode huggingface dataset:
3 U.S.C. § 109 (THE PRESIDENT)
§ 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. 92–310, title II, § 201, June 6, 1972, 86 Stat. 202; Pub. L. 95–570, § 5(b)(1), Nov. 2, 1978, 92 Stat. 2450.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–570 substituted in section catchline “the Executive Residence at the White House” for “Executive Mansion” and in text “Executive Residence at the White House” for “Executive Mansion” in two places.
1972—Pub. L. 92–310 struck out provisions which required a bond in the sum of $10,000 from the person having charge and custody of the plate, furniture, and public property.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.
heading: Transfer of Functions
text: Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
3 U.S.C. § 112 (THE PRESIDENT)
§ 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. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2449.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
heading: Authority With Respect to Detailed Employees
text: Pub. L. 107–67, title VI, § 637, Nov. 12, 2001, 115 Stat. 553, provided that: “During fiscal year 2002 and thereafter, the head of an entity named in 3 U.S.C. 112 may, with respect to civilian personnel of any branch of the Federal Government performing duties in such entity, exercise authority comparable to the authority that may by law (including chapter 57 and sections 8344 and 8468 of title 5, United States Code) be exercised with respect to the employees of an Executive agency (as defined in 5 U.S.C. 105) by the head of such Executive agency, and the authority granted by this section shall be in addition to any other authority available in law.”
3 U.S.C. § 114 (THE PRESIDENT)
§ 114. General pay limitation
Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Residence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the Vice President appointed under section 106 of this title, may be paid at a rate of basic pay in excess of the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5.
(Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2450.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 454 (THE PRESIDENT)
§ 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. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)
heading: Statutory Notes and Related Subsidiaries
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. § 471 (THE PRESIDENT)
§ 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
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this Act, referred to in subsec. (b), probably means the date of enactment of Pub. L. 104–331, which enacted this chapter and was approved Oct. 26, 1996.
6 U.S.C. § 102 (DOMESTIC SECURITY)
§ 102. Construction; severability
Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
(Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.