§ 105. — Assistance and services for the President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC105]
TITLE 3--THE PRESIDENT
CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
Sec. 105. Assistance and services for the President
(a)(1) Subject to the provisons \1\ 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.
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\1\ So in original. Probably should be ``provisions''.
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(2) The President may, under paragraph (1) of this subsection,
appoint and fix the pay of not more than--
(A) 25 employees at rates not to exceed the rate of basic pay
then currently paid for level II of the Executive Schedule of
section 5313 of title 5; and in addition
(B) 25 employees at rates not to exceed the rate of basic pay
then currently paid for level III of the Executive Schedule of
section 5314 of title 5; and in addition
(C) 50 employees at rates not to exceed the maximum rate of
basic pay then currently paid for GS-18 of the General Schedule of
section 5332 of title 5; and in addition
(D) 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 section
5332 of title 5.
(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) 3 employees at rates not to exceed the maximum rate of basic
pay then currently paid for GS-18 of the General Schedule of section
5332 of title 5; and in addition
(B) 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 section
5332 of title 5.
(c) 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 section 3109(b) of title 5--
(1) 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 section 5313 of title 5; and
(2) 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 section 5332 of title 5.
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,
Sec. 2(a), 63 Stat. 880; July 31, 1956, ch. 804, title I, Sec. 109, 70
Stat. 740; Pub. L. 87-367, title III, Sec. 303(h), Oct. 4, 1961, 75
Stat. 794; Pub. L. 88-426, title III, Sec. 304(b), Aug. 14, 1964, 78
Stat. 422; Pub. L. 90-222, title I, Sec. 111(c), Dec. 23, 1967, 81 Stat.
726; Pub. L. 95-570, Sec. 1(a), Nov. 2, 1978, 92 Stat. 2445.)
Amendments
1978--Pub. L. 95-570 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.
1967--Pub. L. 90-222 inserted position of Executive Secretary of the
Economic Opportunity Council.
1964--Pub. L. 88-426 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.
1961--Pub. L. 87-367 authorized President to increase compensation
of three assistants to the President from $17,500 to $18,500 per annum.
1956--Act July 31, 1956, 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.
1949--Act Oct. 15, 1949, increased compensation of secretaries, and
executive, administrative, and staff assistants.
Effective Date of 1978 Amendment
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.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90-222 effective immediately on enactment of
Pub. L. 90-222, which was approved on Dec. 23, 1967, see section 401 of
Pub. L. 90-222, set out as a note under section 2702 of Title 42, The
Public Health and Welfare.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L.
88-426.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-367 effective at beginning of first pay
period which begins on or after sixtieth day following Oct. 4, 1961, see
section 305 of Pub. L. 87-367.
Effective Date of 1956 Amendment
Amendment by act July 31, 1956, effective at beginning of first pay
period commencing after June 30, 1956, see section 120 of act July 31,
1956.
Effective Date of 1949 Amendment
Amendment by act Oct. 15, 1949, effective on first day of first pay
period after Oct. 15, 1949, see section 9 of that act, set out as a note
under section 273 of Title 2, The Congress.
Repeals
Act July 31, 1956, ch. 804, title I, Sec. 109, 70 Stat. 740, cited
as a credit to this section, was repealed by Pub. L. 88-426, title III,
Sec. 305(1), Aug. 14, 1964, 78 Stat. 422.
Abolition of National Aeronautics and Space Council
National 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 July
1, 1973, set out in the Appendix to Title 5, Government Organization and
Employees.
References in Other Laws to GS-16, 17, or 18 Pay Rates
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,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in section 115 of this title; title 18
sections 207, 1751; title 26 section 3121; title 31 section 3524; title
42 section 410.
