3 U.S.C. § 101 — Commencement of term of office

Page 18 TITLE 3—THE PRESIDENT § 101 (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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, 74 F.R. 5979, provided: Memorandum for the Heads of Executive Depart- ments 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 op- portunities, effective and affordable education, owning a home, and saving for retirement slipping out of reach. It is a high priority of my Administration to achieve a secure future for middle-class working families, one in which they share in prosperous times and are cushioned during hard times. To these ends, I hereby direct the following: SECTION 1. White House Task Force on Middle-Class Working Families. There is established within the Office of the Vice President, a White House Task Force on Middle-Class Working Families (Task Force) to focus on raising the living standards of middle-class working families in the United States of America. The Vice President shall serve as Chair of the Task Force. (a) MEMBERSHIP OF THE TASK FORCE. In addition to the Vice President, the Task Force shall consist exclu- sively of the heads of the executive branch depart- ments, agencies, and offices listed below: (1) the Department of Commerce; (2) the Department of Labor; (3) the Department of Health and Human Services; (4) the Department of Education; (5) the Office of Management and Budget; (6) the National Economic Council; (7) the Domestic Policy Council; (8) the Council of Economic Advisers; and (9) such other executive branch departments, agen- cies, or offices as the President may designate. A member of the Task Force may designate, to per- form the Task Force functions of the member, any per- son who is a part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. At the direction of the Chair, the Task Force may establish subgroups consisting ex- clusively of Task Force members or their designees under this section, as appropriate. (b) ADMINISTRATION OF THE TASK FORCE. The Depart- ment of Labor shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. The Vice Presi- dent shall designate an Executive Director of the Task Force, who shall coordinate the work of the Task Force. SEC. 2. Mission and Functions of the Task Force. The Task Force shall work with a wide array of executive departments and agencies that have responsibility for key issues facing middle-class working families, expe- dite administrative reforms, propose Executive Orders, and develop legislative and policy proposals that can be of special importance to middle-class working families. The functions of the Task Force are advisory only and shall include, but shall not be limited to, producing a detailed set of recommendations to: (a) expand education and lifelong training opportuni- ties; (b) improve work and family balance; (c) restore labor standards, including workplace safe- ty; (d) protect the incomes of middle-class working fami- lies; and (e) protect retirement security. SEC. 3. Outreach. Consistent with the objectives set out in section 2 of this memorandum, the Task Force, in accordance with applicable law, in addition to reg- ular meetings, shall conduct outreach with representa- tives of labor, business, nonprofit organizations, State and local government agencies, and other interested persons that will assist with the Task Force’s develop- ment of a detailed set of recommendations. SEC. 4. Transparency and Reports. The Task Force shall facilitate the posting on the Internet of submis- sions by outside parties and engage in an open, two- way dialogue with the American people. The Task Force shall present to the President annual reports, be- ginning 1 year from the date of this memorandum, on its findings and recommendations, which shall be made available to the public and posted on the Internet. SEC. 5. General Provisions. (a) The heads of executive departments and agencies shall assist and provide in- formation to the Task Force, consistent with applica- ble law, as may be necessary to carry out the functions of the Task Force. Each executive department and agency shall bear its own expense for participating in the Task Force. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 6. Publication. The Secretary of Labor is author- ized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 101. Commencement of term of office The term of four years for which a President and Vice President shall be elected, shall, in all cases, commence on the 20th day of January next succeeding the day on which the votes of the electors have been given. (June 25, 1948, ch. 644, 62 Stat. 678.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–293, § 1, Oct. 12, 2000, 114 Stat. 1035, pro- vided that: ‘‘This Act [amending provisions set out as a note under section 102 of this title] may be cited as the ‘Presidential Transition Act of 2000’.’’ DWIGHT D. EISENHOWER EXECUTIVE OFFICE BUILDING Pub. L. 106–92, Nov. 9, 1999, 113 Stat. 1309, provided that: ‘‘SECTION 1. DESIGNATION OF DWIGHT D. EISEN- HOWER 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 build- Page 19 TITLE 3—THE PRESIDENT § 102 ing referred to in section 1 shall be deemed to be a ref- erence to the ‘Dwight D. Eisenhower Executive Office Building’.’’ Pub. L. 100–461, title V, § 590, Oct. 1, 1988, 102 Stat. 2268–52, as amended by Pub. L. 106–92, § 2, Nov. 9, 1999, 113 Stat. 1309, provided that: ‘‘(a) ACCEPTANCE OF GIFTS OF MONEY AND PROPERTY.— The Director of the Office of Administration is author- ized 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 uncompen- sated services; for the purpose of aiding, benefiting, or facilitating the work of preservation, restoration, renovation, rehabili- tation, or historic furnishing of the Dwight D. Eisen- hower Executive Office Building and the grounds there- of. ‘‘(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 pro- ceeds from the sale of property accepted under sub- section (a) shall be deposited in the fund, which shall be available to the Director of the Office of Administra- tion. 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 pro- ceeds from such sale, shall be subject to the disapproval of the Administrator of General Services within 30 days after the Administrator receives notice of such use or sale. The Director of the Office of Administration shall not accept any gift under this section that is expressly conditioned on any expenditure not to be met from the gift itself unless such expenditure has been approved by an Act of Congress. ‘‘(d) TAXES.—For the purpose of the Federal income, estate, and gift tax laws, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.’’ PRESIDENT’S ADVISORY COMMISSION ON PRESIDENTIAL OFFICE SPACE Act Aug. 3, 1956, ch. 925, 70 Stat. 979, as amended by Pub. L. 85–3, Jan. 25, 1957, 71 Stat. 4, created a Presi- dent’s Advisory Commission on Presidential Office Space to study the problem of providing more adequate office space for the White House Office and the other agencies of the Executive Office of the President. Pur- suant to section 1(b) of act Aug. 3, 1956, the Commission was required to report to the President its findings and recommendations within 10 months after Aug. 3, 1956, and section 2(g) of act Aug. 3, 1956, provided that the Commission should cease to exist 30 days after the sub- mission of its final report. § 102. Compensation of the President The President shall receive in full for his serv- ices 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 re- sulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House. (June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, § 1(a), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, § 619(a), 65 Stat. 569; Pub. L. 91–1, § 1, Jan. 17, 1969, 83 Stat. 3; Pub. L. 95–570, § 5(a), Nov. 2, 1978, 92 Stat. 2450; Pub. L. 106–58, title VI, § 644(a), Sept. 29, 1999, 113 Stat. 478; Pub. L. 108–199, div. F, title III, § 301, Jan. 23, 2004, 118 Stat. 326.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–199 substituted ‘‘. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President.’’ for ‘‘, for which expense allowance no accounting, other than for income tax purposes, shall be made by him.’’ 1999—Pub. L. 106–58 substituted ‘‘$400,000’’ for ‘‘$200,000’’. 1978—Pub. L. 95–570 substituted ‘‘Executive Residence at the White House’’ for ‘‘Executive Mansion’’. 1969—Pub. L. 91–1 substituted ‘‘$200,000’’ for ‘‘$100,000’’. 1951—Act Oct. 20, 1951, made President’s expense al- lowance taxable. 1949—Act Jan. 19, 1949, increased salary from $75,000 to $100,000 per year, and gave President a yearly ex- pense account of $50,000 for which he was to make no accounting and which was tax free. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–58, title VI, § 644(b), Sept. 29, 1999, 113 Stat. 478, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect at noon on January 20, 2001.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–570, § 6(a), Nov. 2, 1978, 92 Stat. 2451, pro- vided that: ‘‘The amendments made by this Act [enact- ing sections 107, 108, 112, 113, and 114 of this title, amending sections 102, 103, 105, 106, 109, 110, and 202 of this title, repealing section 107 of this title, and enact- ing provisions set out as a note under section 107 of this title] shall apply to any fiscal year which begins on or after October 1, 1978.’’ EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–1, § 2, Jan. 17, 1969, 83 Stat. 3, provided that: ‘‘The amendment made by this Act [amending this sec- tion] shall take effect at noon on January 20, 1969.’’ EFFECTIVE DATE OF 1951 AMENDMENT Act Oct. 20, 1951, ch. 521, title VI, § 619(e), 65 Stat. 570, provided that: ‘‘The amendments made by subsections (a) and (b) of this section [amending this section and section 111 of this title] shall become effective at noon on January 20, 1953, and the amendments made by sub- sections (c) and (d) [amending sections 31a and 5121 of Title 2, The Congress] shall become effective at noon on January 3, 1953.’’ EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE INCUMBENT ADMINISTRATION Pub. L. 111–283, § 3, Oct. 15, 2010, 124 Stat. 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such ac- tions taken, was repealed by Pub. L. 114–136, § 2(c)(1), Mar. 18, 2016, 130 Stat. 305.