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

submitted 78 years ago by ch. 644 to r/title-3-THE-PRESIDENT · 838 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the President hire and set pay for staff in the White House Office and the Executive Residence, outside the normal government pay rules, within set headcount and pay-level limits. The President may also hire temporary experts and consultants for both offices, within daily pay caps, for more than a year if needed. Congress must fund the Executive Residence's upkeep and the White House Office's official and entertainment expenses each year, with the President accounting for most of that spending by personal certification, subject to limited review by the Comptroller General. These same staff and services may also support the President's spouse, or another family member if the President has no spouse.

(a) (1) Subject to paragraph (2), the President may hire and set the pay of White House Office employees without following the usual federal hiring and pay rules. These employees do whatever official work the President assigns. (2) The President may hire, under paragraph (1), no more than: (A) 25 employees paid up to the Executive Schedule level II rate; (B) 25 more employees paid up to the Executive Schedule level III rate; (C) 50 more employees paid up to the top General Schedule GS-18 rate; and (D) as many more employees as the President decides are needed, paid up to the minimum GS-16 rate. (b) (1) Subject to paragraph (2), the President may also hire and set the pay of employees in the Executive Residence at the White House, outside the usual rules, to do official work the President assigns. (2) The President may hire, under paragraph (1), no more than: (A) 3 employees paid up to the top GS-18 rate; and (B) as many more employees as the President decides are needed, paid up to the minimum GS-16 rate. (c) The President may hire temporary or occasional experts and consultants for the White House Office and the Executive Residence, as appropriation laws allow: (1) for the White House Office, at daily rates up to the daily equivalent of Executive Schedule level II; and (2) for the Executive Residence, at daily rates up to the daily equivalent of the top GS-18 rate. Even though the law on such experts and consultants normally limits how long they can serve, the President may keep one working past a year if the President decides it's necessary. (d) Congress must appropriate money each year for: (1) caring for, maintaining, repairing, refurnishing, and improving the Executive Residence, including its air conditioning, heating, and lighting; (2) the White House Office's official expenses; (3) the President's official entertainment expenses; (4) official entertainment expenses shared across the Executive Office of the President; and (5) travel-related subsistence expenses for government staff traveling with the President. Money for items (1), (3), and (5) may be spent however the President decides, regardless of other laws, and is accounted for solely by the President's own certification — except that the Comptroller General may inspect the related books and records solely to confirm the spending really was for those purposes, then must report that confirmation to Congress, along with any spending found not to fit those purposes. (e) The assistance and services this section provides to the President may also be given to the President's spouse, to help that spouse support the President's duties. If the President has no spouse, this help may instead go to a family member the President names.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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. 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.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 644 · 62 Stat. 678
  • 1949Amended · Act of Oct. 15, 1949, ch. 695 · 63 Stat. 880
  • 1956Amended · Act of July 31, 1956, ch. 804 · 70 Stat. 740
  • 1961Amended · Pub. L. 87-367 · 75 Stat. 794
  • 1964Amended · Pub. L. 88-426 · 78 Stat. 422
  • 1967Amended · Pub. L. 90-222 · 81 Stat. 726
  • 1978Amended · Pub. L. 95-570 · 92 Stat. 2445

A history note hasn’t been published yet. The record shows enactment by ch. 644 on 1948-06-25.

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