3 U.S.C. § 105 | Assistance and services for the President

(a)

(1)

1 So in original. Probably should be “provisions”.

Subject to the provisons  of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the White House Office 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)

section 5313 of title 5 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of ; and in addition

(B)

section 5314 of title 5 25 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of ; and in addition

(C)

section 5332 of title 5 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of ; and in addition

(D)

section 5332 of title 5 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 GS–16 of the General Schedule of .

(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)

section 5332 of title 5 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS–18 of the General Schedule of ; and in addition

(B)

(c)

section 3109(b) of title 5 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 —

(1)

section 5313 of title 5 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 ; and

(2)

section 5332 of title 5 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 GS–18 of the General Schedule of .

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 President’s 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 President’s 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. 87–367, title III, § 303(h)Oct. 4, 196175 Stat. 794 Pub. L. 88–426, title III, § 304(b)Aug. 14, 196478 Stat. 422 Pub. L. 90–222, title I, § 111(c)Dec. 23, 196781 Stat. 726 Pub. L. 95–570, § 1(a)Nov. 2, 197892 Stat. 2445(, ; , ; , title I, § 109, ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 95–5701978— inserted provisions relating to appointment and determination of pay by President of employees in the White House Office and the Executive Residence at the White House; procurement by President of temporary or intermittent services of experts and consultants and pay of such experts and consultants; appropriation of sums for the care, maintenance, etc., of the Executive Residence at the White House, the official expenses of the White House Office, the official entertainment expenses of the President, the official entertainment expenses for allocation within the Executive Office, and the subsistence expenses of Government personnel while traveling on official business in connection with the travel of the President; accounting of sums by President; inspection, certification and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and services to spouse of President or to a member of President’s family; struck out provisions which authorized President to fix compensation of six administrative assistants, Executive Secretaries of the National Security Council, the National Aeronautics and Space Council, and the Economic Opportunity Council, and eight other secretaries or other immediate staff assistants in the White House Office, at rates of basic pay not to exceed the rate of Executive level II.

Pub. L. 90–2221967— inserted position of Executive Secretary of the Economic Opportunity Council.

Pub. L. 88–4261964— included Executive Secretary of the National Aeronautics and Space Council, and substituted provisions permitting President to fix compensation of enumerated personnel at rates of basic compensation not more than that of level II of the Federal Executive Salary Schedule for provisions which limited compensation of such personnel to two at rates not more than $22,500, three at not more than $21,000, seven at not more than $20,000 and three at not more than $18,500 per annum.

Pub. L. 87–3671961— authorized President to increase compensation of three assistants to the President from $17,500 to $18,500 per annum.

July 31, 19561956—Act , authorized President to fix compensation of an additional three secretaries or other immediate staff assistants, substituted “$22,500” for “$20,000”, “$21,000” for “$18,000”, and “$20,000” for “$15,000”, and provided for payment of three at rates not exceeding $17,500 per annum.

Oct. 15, 19491949—Act , increased compensation of secretaries, and executive, administrative, and staff assistants.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–570Oct. 1, 1978section 6(a) of Pub. L. 95–570 section 102 of this titleAmendment by applicable to any fiscal year beginning on or after , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–222 Pub. L. 90–222Dec. 23, 1967section 401 of Pub. L. 90–222 section 2702 of Title 42Amendment by effective immediately on enactment of , which was approved on , see , set out as a note under , The Public Health and Welfare.

Effective Date of 1964 Amendment

Pub. L. 88–426July 1, 1964section 501(c) of Pub. L. 88–426 section 501 of Pub. L. 88–426Amendment by effective on first day of first pay period which begins on or after , except to the extent provided in , see .

Effective Date of 1961 Amendment

Pub. L. 87–367Oct. 4, 1961section 305 of Pub. L. 87–367Amendment by effective at beginning of first pay period which begins on or after sixtieth day following , see .

Effective Date of 1956 Amendment

July 31, 1956June 30, 1956July 31, 1956Amendment by act , effective at beginning of first pay period commencing after , see section 120 of act .

Effective Date of 1949 Amendment

Oct. 15, 1949Oct. 15, 1949section 273 of Title 2Amendment by act , effective on first day of first pay period after , see section 9 of that act, set out as a note under , The Congress.

Repeals

Act July 31, 1956, ch. 804, title I, § 109 70 Stat. 740 Pub. L. 88–426, title III, § 305(1)Aug. 14, 196478 Stat. 422, , cited as a credit to this section, was repealed by , , .

References in Other Laws to GS–16, 17, or 18 Pay Rates

Pub. L. 101–509 section 5376 of Title 5References 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 , set out in a note under .

Executive Documents

Abolition of National Aeronautics and Space Council

July 1, 1973National 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 , set out in the Appendix to Title 5, Government Organization and Employees.