§ 106 TITLE 3—THE PRESIDENT Page 20

L. 90–222, title I, §111(c), Dec. 23, 1967, 81 Stat.

726; Pub. L. 95–570, §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, §109, 70 Stat. 740,

cited as a credit to this section, was repealed by Pub.

L. 88–426, title III, §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, §101(c)(1)]

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

of Title 5.

CROSS REFERENCES

Former Presidents, office staff, see note set out under

section 102 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 207, 1751;

title 26 section 3121; title 31 section 3524; title 42 section

410.

§ 106. Assistance and services for the Vice President

(a) In order to enable the Vice President to

provide assistance to the President in connection with the performance of functions specially

assigned to the Vice President by the President

in the discharge of executive duties and responsibilities, the Vice President is authorized—

(1) without regard to any other provision of

law regulating the employment or compensation of persons in the Government service, to

appoint and fix the pay of not more than—

(A) 5 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) 3 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) 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

(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; and

(2) to procure, as provided in appropriation

Acts, temporary or intermittent services of
Page 21 TITLE 3—THE PRESIDENT § 106

experts and consultants, as described in and in

accordance with the first two sentences of section 3109(b) of title 5, 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.

Notwithstanding such section 3109(b), temporary

services of any expert or consultant described in

such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess

of one year if the Vice President determines

such procurement is necessary.

(b) In order to carry out the executive duties

and responsibilities referred to in subsection (a),

there are authorized to be appropriated each fiscal year to the Vice President such sums as may

be necessary for—

(1) the official expenses of the Office of the

Vice President;

(2) the official entertainment expenses of the

Vice President; and

(3) the subsistence expenses of persons in the

Government service while traveling on official

business in connection with the travel of the

Vice President.

Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be

expended as the Vice President may determine,

notwithstanding the provisions of any other law.

Such sums shall be accounted for solely on the

certificate of the Vice 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 (2) or (3). The Comptroller General

shall certify to Congress the fact of such verification, and shall report any such expenses not

expended for such purpose.

(c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice

President in connection with assistance provided by such spouse to the Vice President in

the discharge of the Vice President’s executive

duties and responsibilities. If the Vice President

does not have a spouse, such assistance and services may be provided for such purposes to a

member of the Vice President’s family whom

the Vice President designates.

(June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949,

ch. 695, §2(b), 63 Stat. 880; Pub. L. 95–570, §1(a),

Nov. 2, 1978, 92 Stat. 2446.)

AMENDMENTS

1978—Pub. L. 95–570 inserted provisions relating to appointment and determination of pay by the Vice President of employees and procurement by the Vice President of temporary or intermittent services of experts

and consultants to enable the Vice President to provide

assistance to the President; appropriation of sums for

the official expenses of the Office of the Vice President,

the official entertainment expenses of the Vice President, and subsistence expenses of Government personnel while traveling on official business in connection

with the travel of the Vice President; accounting of

sums by the Vice President; inspection, certification

and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and

services to the spouse of the Vice President or to a

member of the Vice President’s family; struck out provisions which authorized the President to appoint and

fix compensation of not to exceed six administrative

assistants and directed that each assistant perform

such duties as the President prescribed.

1949—Act Oct. 15, 1949, struck out salary provisions.

See section 105 of this title.

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 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.

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, §101(c)(1)]

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

of Title 5.

FORMER PRESIDENT’S OFFICE STAFF

See note under section 102 of this title.

EX. ORD. NO. 11456. SPECIAL ASSISTANT TO THE

PRESIDENT FOR LIAISON WITH FORMER PRESIDENTS

Ex. Ord. No. 11456, Feb. 14, 1969, 34 F.R. 2301, provided:

By virtue of the authority vested in me as President

of the United States, it is hereby ordered as follows:

SECTION 1. There shall be in the White House Office a

Special Assistant to the President for Liaison with

Former Presidents (referred to hereinafter as the Special Assistant).

SEC. 2. (a) On behalf of the President, the Special Assistant shall maintain channels of communication between the President and each former living President

of the United States, to the end that (1) each such

former President shall be kept abreast of such developments as the President may desire; and (2) the President may avail himself of the counsel and advice of any

or all of such former Presidents with respect to major

matters, particularly of a national security nature,

currently confronting the President.

(b) The Special Assistant shall also—

(1) Keep each former President currently informed of

the major aspects of such principal international and

domestic problems as the President directs;

(2) Arrange to secure from such former Presidents, or

any of them, and convey to the President, their views

on such issues as the President may designate; and

(3) Arrange to secure and convey to the President

such views as any of the former Presidents may wish to

communicate to the President on any issue of current

interest or concern.

SEC. 3. (a) The Secretary of State, the Secretary of

Defense, the Director of the Central Intelligence Agency, and the Executive Secretary of the National Security Council shall each designate a member of his staff

as a point of contact for the Special Assistant. The

Special Assistant may call upon such designated staff

members to supply information and render such other

appropriate assistance as he may require in carrying

out his duties under section 2 of this Order.

(b) Upon request of the Special Assistant, the head of

any department or agency of the Federal Government

shall designate a member of his staff as a point of contact to supply information and assistance for the Special Assistant in the performance of his duties in the

same manner as provided in subsection (a) for staff

members designated pursuant to that subsection.
§ 107 TITLE 3—THE PRESIDENT Page 22

SEC. 4. The Special Assistant shall be appointed by

the President and shall serve at the pleasure of the

President. He shall receive compensation at such rate

as the President, consonant with law, may prescribe.

SEC. 5. (a) The Special Assistant shall have such staff

and other assistance as may be necessary to carry out

his duties under this Order.

(b) The Special Assistant shall be provided with such

office space as may be necessary to carry out his duties

under this Order, and shall also be provided with such

office space, and maintenance thereof, as may be necessary for the use of former Presidents at the seat of

Government when they are engaged in any effort of interest or concern to the President.

SEC. 6. (a) The compensation and expenses of the Special Assistant and members of his staff shall be paid

from the appropriation under the heading ‘‘Special’’ in

the Executive Office Appropriation Act, 1969, or any

corresponding appropriation which may be made for

subsequent fiscal years, or from such other appropriated funds as may be available under law.

(b) The General Services Administration shall provide, on a reimbursable basis, such administrative services and facilities for the Special Assistant as the

White House Office may request.

RICHARD NIXON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 114 of this title;

title 18 sections 207, 1751; title 26 section 3121; title 31

section 3524; title 42 section 410.

§ 107. Domestic Policy Staff and Office of Administration; personnel

(a) In order to enable the Domestic Policy

Staff to perform its functions, the President (or

his designee) is authorized—

(1) without regard to any other provision of

law regulating the employment or compensation of persons in the Government service, to

appoint and fix the pay of not more than—

(A) 6 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

(B) 18 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

(C) 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; and

(2) to procure, 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, 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 III of the Executive Schedule of section 5314 of title 5.

(b)(1) In order to enable the Office of Administration to perform its functions, the President

(or his designee) is authorized—

(A) without regard to such other provisions

of law as the President may specify which regulate the employment and compensation of

persons in the Government service, to appoint

and fix the pay of not more than—

(i) 5 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

(ii) 5 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

(B) to procure, 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, 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.

(2) In addition to any authority granted under

paragraph (1) of this subsection, the President

(or his designee) is authorized to employ individuals in the Office of Administration in accordance with section 3101 of title 5 and provisions

relating thereto. Any individual so employed

under the authority granted under such section

3101 shall be subject to the limitation specified

in section 114 of this title.

(c) There are authorized to be appropriated

each fiscal year such sums as may be necessary

for the official expenses of the Domestic Policy

Staff and the Office of Administration.

(Added Pub. L. 95–570, §2(a), Nov. 2, 1978, 92 Stat.

2448.)

PRIOR PROVISIONS

A prior section 107, act June 25, 1948, ch. 644, 62 Stat.

679, providing that employees of the executive departments and independent establishments of the executive

branch of the Government might be detailed from time

to time to the White House Office for temporary assistance, was repealed by section 2(a) of Pub. L. 95–570. See

section 112 of this title.

EFFECTIVE DATE

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.

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, §101(c)(1)]

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

of Title 5.

APPLICABILITY OF SUBSEC. (b) TO CURRENT EMPLOYEES

OF OFFICE OF ADMINISTRATION

Section 6(b) of Pub. L. 95–570 provided that: ‘‘In the

case of an individual—

‘‘(1) who is an employee of the Office of Administration as of the date of the enactment of this Act [Nov.

2, 1978], and

‘‘(2) whose position would be terminated or whose

rate of basic pay would be reduced (but for this subsection) by reason of section 107(b) of title 3, United

States Code (as amended by this Act) [subsec. (b) of

this section],

such employee may be allowed to continue to hold such

position and receive basic pay at the rate in effect on

the effective date of this Act [see Effective Date of 1978

Amendment note set out under section 102 of this title]

during the period which begins on such date and ends

2 years after such date so long as such employee continues as an employee of the Office of Administration.’’