3 U.S.C. § 106 — Assistance and services for the Vice Presi-

Page 30 TITLE 3—THE PRESIDENT § 106 Editorial Notes AMENDMENTS 1978—Pub. L. 95–570 inserted provisions relating to ap- pointment and determination of pay by President of employees in the White House Office and the Executive Residence at the White House; procurement by Presi- dent of temporary or intermittent services of experts and consultants and pay of such experts and consult- ants; 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 offi- cial entertainment expenses of the President, the offi- cial entertainment expenses for allocation within the Executive Office, and the subsistence expenses of Gov- ernment personnel while traveling on official business in connection with the travel of the President; account- ing of sums by President; inspection, certification and report to Congress by the Comptroller General con- cerning expenditures; and allotment of assistance and services to spouse of President or to a member of Presi- dent’s family; struck out provisions which authorized President to fix compensation of six administrative as- sistants, Executive Secretaries of the National Secu- rity Council, the National Aeronautics and Space Coun- cil, 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 ex- ceed 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 sub- stituted provisions permitting President to fix com- pensation of enumerated personnel at rates of basic compensation not more than that of level II of the Fed- eral 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 sec- retaries, and executive, administrative, and staff as- sistants. Statutory Notes and Related Subsidiaries 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 begin- ning 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. 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 Organi- zation 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. Executive Documents 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 Em- ployees. § 106. Assistance and services for the Vice Presi- dent (a) In order to enable the Vice President to provide assistance to the President in connec- tion with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and respon- sibilities, the Vice President is authorized— (1) without regard to any other provision of law regulating the employment or compensa- tion 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 experts and consultants, as described in and in accordance with the first two sentences of sec- tion 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 Page 31 TITLE 3—THE PRESIDENT § 106 then currently paid for level II of the Execu- tive 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 para- graph (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 fis- cal 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 ex- penses 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, docu- ments, 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 pursu- ant to this section to the Vice President are au- thorized to be provided to the spouse of the Vice President in connection with assistance pro- vided 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 serv- ices 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.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–570 inserted provisions relating to ap- pointment and determination of pay by the Vice Presi- dent of employees and procurement by the Vice Presi- dent 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 Presi- dent, and subsistence expenses of Government per- sonnel while traveling on official business in connec- tion with the travel of the Vice President; accounting of sums by the Vice President; inspection, certification and report to Congress by the Comptroller General con- cerning 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 pro- visions 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. Statutory Notes and Related Subsidiaries 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 Organi- zation 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. Executive Documents 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 Spe- cial Assistant). SEC. 2. (a) On behalf of the President, the Special As- sistant shall maintain channels of communication be- tween 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 develop- ments as the President may desire; and (2) the Presi- dent 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 Agen- cy, and the Executive Secretary of the National Secu- rity 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 con- tact to supply information and assistance for the Spe- cial Assistant in the performance of his duties in the Page 32 TITLE 3—THE PRESIDENT § 107 same manner as provided in subsection (a) for staff members designated pursuant to that subsection. 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 nec- essary for the use of former Presidents at the seat of Government when they are engaged in any effort of in- terest or concern to the President. SEC. 6. (a) The compensation and expenses of the Spe- cial 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 appro- priated funds as may be available under law. (b) The General Services Administration shall pro- vide, on a reimbursable basis, such administrative serv- ices and facilities for the Special Assistant as the White House Office may request. RICHARD NIXON. § 107. Domestic Policy Staff and Office of Admin- istration; 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 compensa- tion 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 sec- tion 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 Execu- tive Schedule of section 5314 of title 5. (b)(1) In order to enable the Office of Adminis- tration 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 reg- ulate 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 sec- tion 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 individ- uals in the Office of Administration in accord- ance 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.) Editorial Notes PRIOR PROVISIONS A prior section 107, act June 25, 1948, ch. 644, 62 Stat. 679, providing that employees of the executive depart- ments and independent establishments of the executive branch of the Government might be detailed from time to time to the White House Office for temporary assist- ance, was repealed by section 2(a) of Pub. L. 95–570. See section 112 of this title. Statutory Notes and Related Subsidiaries 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 Organi- zation 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 Pub. L. 95–570, § 6(b), Nov. 2, 1978, 92 Stat. 2451, pro- vided that: ‘‘In the case of an individual— ‘‘(1) who is an employee of the Office of Administra- tion 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 sub- section) 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 con- tinues as an employee of the Office of Administration.’’