Unveiling Title 3 of the 2021 US Code: The President

Title 3 of the United States Code, titled “The President,” serves as the legal framework governing the highest office in the land. It outlines the roles, responsibilities, and regulations that pertain to the President of the United States. In this article, we will explore the key chapters within Title 3, shedding light on the various aspects of the presidency, from elections to the delegation of functions.

Chapter 1 – Presidential Elections and Vacancies (Sections 1 – 21)

Section 1 – Time of Electing President

This section establishes the timing of presidential elections, stipulating that they occur every four years on the first Tuesday following the first Monday in November.

Section 2 – Meeting of Electors

Section 2 outlines the procedures for the meeting of the Electoral College, during which electors from each state cast their votes for President and Vice President.

Section 3 – Vacancy of Office of Vice President

This section addresses the process of filling a vacancy in the office of the Vice President, ensuring continuity in presidential succession.

Section 4 – Failure to Qualify

Section 4 deals with situations where the President-elect or Vice President-elect fails to qualify for office. It outlines the process for addressing such scenarios.

Section 5 – Determination of Controversy as to Appointment of Electors

Section 5 provides a mechanism for resolving disputes related to the appointment of electors, ensuring that electoral controversies are appropriately addressed.

Section 6 – Credentials of Electors

This section establishes the requirements for the credentials of electors and their transmission to Congress.

Section 7 – Meeting and Vote of Electors

Section 7 specifies the date and procedures for the meeting and voting of electors, further solidifying the electoral process.

Section 8 – Manner of Voting

This section outlines the manner in which electors cast their votes, emphasizing uniformity and accuracy in the process.

Section 9 – Lists of Votes

Section 9 addresses the submission and certification of the lists of electoral votes, ensuring transparency in the tabulation of results.

Section 10 – Sealed Certificates of Votes

This section establishes the procedure for the sealing and transmission of electoral votes to various officials and entities.

Section 11 – Certificates of Votes for President and Vice President

Section 11 addresses the certification of electoral votes for both the President and Vice President, culminating in the formal declaration of election results.

Section 12 – President of Senate; Presiding Officer; Duties

This section designates the Vice President as the President of the Senate and outlines their duties in presiding over the joint session of Congress to count electoral votes.

Section 13 – Same; Declaration of President-Elect and Vice President-Elect

Section 13 sets forth the process by which the President-elect and Vice President-elect are officially declared.

Section 14 – Same; Papers, Records, and Journals

This section addresses the retention of records and papers related to the electoral process, ensuring historical documentation of presidential elections.

Section 15 – Vacancy in Office of President or Vice President

Section 15 provides a framework for addressing vacancies in the offices of President and Vice President, including presidential succession.

Section 16 – Resignation or Refusal of Office

This section addresses situations where the President-elect or Vice President-elect resigns or refuses to take office.

Section 17 – Determining the Incapacity of President

Section 17 establishes the process for determining the incapacity of the President, including procedures for the Vice President and Cabinet to declare the President unable to discharge their duties.

Section 18 – Time of Determination of Incapacity

This section specifies the timing of the determination of the President’s incapacity and the transfer of powers to the Vice President.

Section 19 – When Congress Determines Incapacity

Section 19 outlines the role of Congress in determining the President’s incapacity, including the process for a two-thirds vote in both houses.

Section 20 – Powers and Duties of Vice President

This section delineates the powers and duties of the Vice President when serving as Acting President during the President’s incapacity.

Section 21 – Relief from Disability

Section 21 addresses the restoration of presidential powers and duties when the President’s disability is no longer present.

Chapter 2 – Office and Compensation of President (Sections 101 – 115)

Section 101 – Executive Residence; Presidential Office

This section addresses the use and maintenance of the Executive Residence and the Presidential Office, including the White House.

Section 102 – Compensation

Section 102 outlines the compensation and allowances provided to the President, ensuring that the office is adequately supported.

Section 103 – Traveling Expenses

This section addresses the President’s traveling expenses and official travel allowances.

Section 104 – Compensation of the Vice President

Section 104 establishes the compensation and allowances for the Vice President.

Section 105 – Services, Facilities, and Records

This section details the services, facilities, and records available to support the President’s office.

Section 106 – Furnishing of the White House

Section 106 addresses the furnishing and maintenance of the White House, including its historical preservation.

Section 107 – Maintenance of the White House and Establishment of the White House Police

This section addresses the maintenance of the White House and the establishment of the White House Police, responsible for its security.

Section 108 – Administrative Assistants to President and Vice President

Section 108 outlines the provision of administrative assistants to the President and Vice President to support their official duties.

Section 109 – Official Residence of Vice President

This section addresses the official residence of the Vice President and its maintenance.

Section 110 – Residence of Vice President While in Office

Section 110 specifies the residence of the Vice President while in office.

Section 111 – Assistant to the President

This section addresses the appointment and duties of an Assistant to the President, who provides support to the President.

Section 112 – Support and Personal Services for Former Presidents

Section 112 outlines the support and personal services available to former Presidents, ensuring their well-being and continued contributions.

Section 113 – Compensation for Certain Former Presidents

This section establishes compensation for certain former Presidents, recognizing their ongoing commitment to public service.

Section 114 – Death Gratuity for Surviving Spouse

Section 114 addresses the provision of a death gratuity to the surviving spouse of a deceased President.

Section 115 – Retirement Allowances for Former Presidents

This section outlines retirement allowances for former Presidents, recognizing their contributions and service to the nation.

Chapter 3 – Repealed (Sections 201 – 209)

This chapter, once encompassing Sections 201 to 209, has been repealed, reflecting changes to the legal framework regarding certain aspects of presidential authority.

Chapter 4 – Delegation of Functions (Sections 301 – 303)

Section 301 – Powers and Duties of President

This section outlines the President’s powers and duties and the authority to delegate certain functions.

Section 302 – Considerations by President

Section 302 emphasizes the President’s considerations when delegating functions.

Section 303 – Publications of Orders and Rules; Conflicting Provisions

This section addresses the publication of orders and rules resulting from presidential delegation of functions, as well as the resolution of conflicting provisions.

Chapter 5 – Extension of Certain Rights and

Protections to Presidential Offices (Sections 401 – 471)

Section 401 – Terms of Office

Section 401 addresses the terms of office for certain presidential appointees and the extension of certain rights and protections to their positions.

Section 402 – Presidential Offices

This section defines the various presidential offices and the rights and protections extended to them.

Section 403 – Definitions

Section 403 provides key definitions related to the extension of rights and protections to presidential offices.

Section 404 – Whistleblower Protections

This section outlines whistleblower protections for individuals serving in presidential offices.

Section 405 – Employee Rights

Section 405 addresses employee rights within presidential offices, including the right to appeal adverse actions.

Section 406 – Disciplinary Actions

This section outlines disciplinary actions and procedures for employees in presidential offices.

Section 407 – Judicial Review

Section 407 addresses judicial review of actions taken within presidential offices.

Section 408 – Rights of Reservists

This section extends certain rights and protections to reservists serving in presidential offices.

Section 409 – Regulations

Section 409 provides for the establishment of regulations to implement the provisions of this chapter.

Section 410 – Investigations and Inquiries

This section addresses investigations and inquiries related to matters within presidential offices.

Section 411 – Enforcement

Section 411 outlines the enforcement mechanisms for the provisions of this chapter.

Section 412 – Annual Reports

This section requires annual reports on matters related to presidential offices.

Section 413 – Authorization of Appropriations

Section 413 authorizes appropriations for the implementation and enforcement of the provisions of this chapter.

Section 414 – No Preemption

This section clarifies that the provisions of this chapter do not preempt other laws or rights.

Section 415 – Authority for Rules of Procedure and Civil Actions

Section 415 grants authority for the establishment of rules of procedure and civil actions related to matters within presidential offices.

Section 416 – Severability

This section establishes the severability of the provisions of this chapter.

Section 417 – Retroactive Application

Section 417 addresses the retroactive application of certain provisions within this chapter.

Section 418 – Presidential Transition

This section outlines procedures related to presidential transitions, ensuring continuity in government.

Section 419 – Sunset

Section 419 establishes a sunset provision for certain provisions within this chapter.

Section 420 – Collective Bargaining Agreements

This section addresses collective bargaining agreements within presidential offices.

Section 421 – Merit Systems Protection Board

Section 421 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 422 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 423 – Enforcement of Subpoenas

Section 423 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 424 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 425 – Notice to Employees

Section 425 addresses the notice provided to employees regarding their rights and protections.

Section 426 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 427 – Collective Bargaining Agreements

Section 427 addresses the collective bargaining agreements applicable to employees in presidential offices.

Section 428 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 429 – Merit Systems Protection Board

Section 429 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 430 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 431 – Enforcement of Subpoenas

Section 431 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 432 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 433 – Notice to Employees

Section 433 addresses the notice provided to employees regarding their rights and protections.

Section 434 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 435 – Collective Bargaining Agreements

Section 435 addresses the collective bargaining agreements applicable to employees in presidential offices.

Section 436 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 437 – Merit Systems Protection Board

Section 437 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 438 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 439 – Enforcement of Subpoenas

Section 439 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 440 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 441 – Notice to Employees

Section 441 addresses the notice provided to employees regarding their rights and protections.

Section 442 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 443 – Collective Bargaining Agreements

Section 443 addresses the collective bargaining agreements applicable to employees in presidential offices.

Section 444 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 445 – Merit Systems Protection Board

Section 445 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 446 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 447 – Enforcement of Subpoenas

Section 447 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 448 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 449 – Notice to Employees

Section 449 addresses the notice provided to employees regarding their rights and protections.

Section 450 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 451 – Collective Bargaining Agreements

Section 451 addresses the collective bargaining agreements applicable to employees in presidential offices.

Section 452 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 453 – Merit Systems Protection Board

Section 453 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 454 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 455 – Enforcement of Subpoenas

Section 455 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 456 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 457 – Notice to Employees

Section 457 addresses the notice provided to employees regarding their rights and protections.

Section 458 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 459 – Collective Bargaining Agreements

Section 459 addresses the

collective bargaining agreements applicable to employees in presidential offices.

Section 460 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 461 – Merit Systems Protection Board

Section 461 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 462 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 463 – Enforcement of Subpoenas

Section 463 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Section 464 – Applicability to Agencies

This section clarifies the applicability of the provisions of this chapter to various agencies within presidential offices.

Section 465 – Notice to Employees

Section 465 addresses the notice provided to employees regarding their rights and protections.

Section 466 – Regulations

This section outlines the authority to establish regulations to implement the provisions of this chapter.

Section 467 – Collective Bargaining Agreements

Section 467 addresses the collective bargaining agreements applicable to employees in presidential offices.

Section 468 – Applicability of Certain Provisions

This section clarifies the applicability of certain provisions within this chapter.

Section 469 – Merit Systems Protection Board

Section 469 outlines the authority of the Merit Systems Protection Board in matters related to presidential offices.

Section 470 – Employee Whistleblower Protection

This section reinforces whistleblower protections for employees within presidential offices.

Section 471 – Enforcement of Subpoenas

Section 471 outlines procedures for the enforcement of subpoenas related to investigations within presidential offices.

Title 3 of the 2021 US Code, “The President,” is a comprehensive and essential resource that defines the powers, duties, and legal framework of the highest office in the United States. From presidential elections to the compensation of the President and Vice President, from delegation of functions to the extension of rights and protections to presidential offices, this title encompasses the fundamental aspects of the executive branch and its leadership. It ensures transparency, continuity, and accountability in the highest office of the land, upholding the principles upon which the nation was founded.