Page 19 TITLE 3—THE PRESIDENT § 105

1So in original. Probably should be ‘‘provisions’’.

Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No.

11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a

note under section 5332 of Title 5.

LONG-DISTANCE TELEPHONE CALLS

Section 58 of Title 2, The Congress, relating to longdistance telephone calls for Senators is made applicable to the Vice President under the provisions of section 46d–1 of Title 2.

CROSS REFERENCES

Claims for overpayment of pay or allowances to the

Vice President, see section 130c of Title 2, The Congress.

§ 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.

(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, §2(a), 63 Stat. 880; July 31, 1956, ch. 804,

title I, §109, 70 Stat. 740; Pub. L. 87–367, title III,

§303(h), Oct. 4, 1961, 75 Stat. 794; Pub. L. 88–426,

title III, §304(b), Aug. 14, 1964, 78 Stat. 422; Pub.
§ 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