3 U.S.C. § 113 — Personnel report

Page 36 TITLE 3—THE PRESIDENT § 112 vide for the military staffing, utilities (including elec- trical) for, and the care and maintenance of the grounds of the temporary official residence of the Vice President and, subject to reimbursement therefor out of funds appropriated for such purposes, provide for the civilian staffing, care, maintenance, repair, improve- ment, alteration, and furnishing of such residence. ‘‘SEC. 4. There is hereby authorized to be appro- priated such sums as may be necessary from time to time to carry out the foregoing provisions of this joint resolution. During any interim period until and before any such funds are so appropriated, the Secretary of the Navy shall make provision for staffing and other appropriate services in connection with the temporary official residence of the Vice President from funds available to the Department of the Navy, subject to re- imbursement therefor from funds subsequently appro- priated to carry out the purposes of this joint resolu- tion. ‘‘SEC. 5. After the date on which the Vice President moves into the temporary official residence provided for in this joint resolution no funds may be expended for the maintenance, care, repair, furnishing, or secu- rity of any residence for the Vice President other than the temporary official residence provided for in this joint resolution unless the expenditure of such funds is specifically authorized by law enacted after such date. ‘‘SEC. 6. The Secretary of the Navy is authorized and directed, with the approval of the Vice President, to ac- cept donations of money or property for the furnishing of or making improvements in or about, or for use at official functions in or about, the temporary official residence of the Vice President, all such donations to become the property of the United States and to be ac- counted for as such. ‘‘SEC. 7. [Amended former section 202 of this title]. ‘‘SEC. 8. [Amended section 3056(a) of title 18]. ‘‘SEC. 9. It is the sense of Congress that living accom- modations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.’’ OFFICIAL RESIDENCE FOR THE VICE PRESIDENT; DESIGN AND CONSTRUCTION; AUTHORIZATION OF APPROPRIATION Pub. L. 89–386, Apr. 9, 1966, 80 Stat. 106, provided: ‘‘That the Administrator of General Services is hereby authorized to plan, design, and construct an official residence for the Vice President of the United States in the District of Columbia. ‘‘SEC. 2. The Administrator is further authorized to use as a site for such residence Federal land and prop- erty comprising approximately ten acres at the United States Naval Observatory, the specific area and bound- aries thereof to be determined jointly by the General Services Administration and the Department of the Navy: Provided, That any roads and improvements thereon for which there is a continued need may be re- located and reconstructed. ‘‘SEC. 3. The Administrator is further authorized to provide for the care, maintenance, repair, improve- ment, alteration, and furnishing of the official resi- dence and grounds, including heating, lighting, and air conditioning, which services shall be provided at the expense of the United States. ‘‘SEC. 4. The Administrator of General Services is fur- ther authorized to accept cash gifts, furniture, and fur- nishings and other types of gifts on behalf of the United States for use in constructing and furnishing the offi- cial residence but without further conditions on use, all such articles thus given to become the property of the United States. ‘‘SEC. 5. There is authorized to be appropriated to the General Services Administration, the sum of $750,000 for planning, design, construction, and costs incidental thereto, including the cost of initial furnishings. ‘‘SEC. 6. There is further authorized to be appro- priated to the General Services Administration, annu- ally, such amounts as may be necessary to carry out the purposes of section 3.’’ § 112. Detail of employees of executive depart- ments The head of any department, agency, or inde- pendent establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Of- fice of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee has been de- tailed for service to such office shall reimburse the detailing department, agency, or establish- ment for the pay of each employee thereof— (1) who is so detailed, and (2) who is performing services which have been or would otherwise be performed by an employee of such office, for any period occurring during any fiscal year after 180 calendar days after the employee is de- tailed in such year. (Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2449.) 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. AUTHORITY WITH RESPECT TO DETAILED EMPLOYEES Pub. L. 107–67, title VI, § 637, Nov. 12, 2001, 115 Stat. 553, provided that: ‘‘During fiscal year 2002 and there- after, the head of an entity named in 3 U.S.C. 112 may, with respect to civilian personnel of any branch of the Federal Government performing duties in such entity, exercise authority comparable to the authority that may by law (including chapter 57 and sections 8344 and 8468 of title 5, United States Code) be exercised with re- spect to the employees of an Executive agency (as de- fined in 5 U.S.C. 105) by the head of such Executive agency, and the authority granted by this section shall be in addition to any other authority available in law.’’ § 113. Personnel report (a) The President shall transmit to each House of the Congress, and make available to the pub- lic, reports containing information described in subsection (b) for each fiscal year beginning on or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year. (b) Each report required under subsection (a) shall contain— (1) the number of employees who are paid at a rate of basic pay equal to or greater than the rate of basic pay then currently paid for level V of the Executive Schedule of section 5316 of title 5 and who are employed in the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, or the Office of Ad- ministration, and the aggregate amount paid to such employees; (2) the number of employees employed in such offices who are paid at a rate of basic pay which is equal to or greater than the min- Page 37 TITLE 3—THE PRESIDENT § 114 1 So in original. Probably should be title ‘‘5’’. imum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5 but which is less than the rate then currently paid for level V of the Executive Schedule of section 5316 of title V 1 and the ag- gregate amount paid to such employees; (3) the number of employees employed in such offices who are paid at a rate of basic pay which is less than the minimum rate then cur- rently paid for GS–16 of the General Schedule of section 5332 of title V 1, and the aggregate amount paid to such employees; (4) the number of individuals detailed under section 112 of this title for more than 30 days to each such office, the number of days in ex- cess of 30 each individual was detailed, and the aggregate amount of reimbursement made as provided by the provisions of section 112 of this title; and (5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggre- gate amount paid to procure such services. The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved. (Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2449.) Editorial Notes REFERENCES IN TEXT For the effective date of this section, referred to in subsec. (a), see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under sec- tion 102 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 21), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 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. REPORT ON WHITE HOUSE OFFICE PERSONNEL Pub. L. 103–270, § 6, June 30, 1994, 108 Stat. 737, pro- vided that: ‘‘(a) SUBMISSION OF REPORT.—On July 1 of each year, the President shall submit a report described in sub- section (b) to the Committee on Governmental Affairs [now Committee on Homeland Security and Govern- mental Affairs] of the Senate and the Committee on Government Operations of the House of Representa- tives. ‘‘(b) CONTENTS.—A report under subsection (a) shall, except as provided in subsection (c), include— ‘‘(1) a list of each individual— ‘‘(A) employed by the White House Office; or ‘‘(B) detailed to the White House Office; and ‘‘(2) with regard to each individual described in paragraph (1), the individual’s— ‘‘(A) name; ‘‘(B) position and title; and ‘‘(C) annual rate of pay. ‘‘(c) EXCLUSION FROM REPORT.—If the President deter- mines that disclosure of any item of information de- scribed in subsection (b) with respect to any particular individual would not be in the interest of the national defense or foreign policy of the United States— ‘‘(1) a report under subsection (a) shall— ‘‘(A) exclude such information with respect to that individual; and ‘‘(B) include a statement of the number of indi- viduals with respect to whom such information has been excluded; and ‘‘(2) at the request of the Committee on Govern- mental Affairs [now Committee on Homeland Secu- rity and Governmental Affairs] of the Senate or the Committee on Government Operations of the House of Representatives, the information that was ex- cluded from the report shall be made available for in- spection by such committee.’’ [Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.] [Section 6 of Pub. L. 103–270, set out above, effective Jan. 1, 1995, see section 7(i) of Pub. L. 103–270, set out as an Effective Date of 1994 Amendment; Transition Provisions note under section 591 of Title 28, Judiciary and Judicial Procedure.] § 114. General pay limitation Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Resi- dence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the Vice President appointed under section 106 of this title, may be paid at a rate of basic pay in excess of the minimum rate of basic pay then currently paid for GS–16 of the General Schedule of section 5332 of title 5. (Added Pub. L. 95–570, § 3(a), Nov. 2, 1978, 92 Stat. 2450.) 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