3 U.S.C. § 114 — General pay limitation

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 Page 38 TITLE 3—THE PRESIDENT § 115 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. § 115. Veterans’ preference (a) Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5. (b) Subsection (a) shall not apply to any ap- pointment to a position the rate of basic pay for which is at least equal to the minimum rate es- tablished for positions in the Senior Executive Service under section 5382 of title 5 and the du- ties of which are comparable to those described in section 3132(a)(2) of such title or to any other position if, with respect to such position, the President makes certification— (1) that such position is— (A) a confidential or policy-making posi- tion; or (B) a position for which political affili- ation or political philosophy is otherwise an important qualification; and (2) that any individual selected for such po- sition is expected to vacate the position at or before the end of the President’s term (or terms) of office. Each individual appointed to a position de- scribed in the preceding sentence as to which the expectation described in paragraph (2) ap- plies shall be notified as to such expectation, in writing, at the time of appointment to such po- sition. (Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.) [CHAPTER 3—REPEALED] [§ 201. Repealed. July 16, 1951, ch. 226, § 5(a), 65 Stat. 122] Section, act June 25, 1948, ch. 644, 62 Stat. 680, related to protection of President and family. See section 3056 of Title 18, Crimes and Criminal Procedure. [§§ 202 to 204. Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255] Section 202, acts June 25, 1948, ch. 644, 62 Stat. 680; Pub. L. 87–481, § 1, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(2), (3), Mar. 19, 1970, 84 Stat. 74; Pub. L. 93–346, § 7, July 12, 1974, as added Pub. L. 93–552, title VI, § 609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–196, § 1(a), (b), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 95–570, § 5(d), Nov. 2, 1978, 92 Stat. 2451; Pub. L. 97–418, § 1(a), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–500, § 101(m) [title VI, § 622], Oct. 18, 1986, 100 Stat. 1783–308, 1783–333; Pub. L. 99–591, § 101(m) [title VI, § 622], Oct. 30, 1986, 100 Stat. 3341–308, 3341–333; Pub. L. 102–138, title I, § 135(b)(1)–(3), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 102–499, § 3(a), Oct. 24, 1992, 106 Stat. 3264; Pub. L. 107–296, title XVII, § 1703(a)(1), Nov. 25, 2002, 116 Stat. 2313, related to establishment, control, super- vision, privileges, powers, and duties of United States Secret Service Uniformed Division. Section 203, acts June 25, 1948, ch. 644, 62 Stat. 680; Aug. 15, 1950, ch. 715, § 2, 64 Stat. 448; June 28, 1952, ch. 481, 66 Stat. 283; Pub. L. 87–481, § 2, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, § 1(1), (4)–(6), Mar. 19, 1970, 84 Stat. 74, 75; Pub. L. 94–196, § 1(c), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 104–208, div. A, title I, § 101(f) [title I], Sept. 30, 1996, 110 Stat. 3009–314, 3009–324, related to personnel, appointment, and vacancies in the United States Secret Service Uni- formed Division. Section 204, acts June 25, 1948, ch. 644, 62 Stat. 680; June 20, 1953, ch. 146, title IV, § 402, 67 Stat. 76; Pub. L. 85–584, title V, § 502(a), Aug. 1, 1958, 72 Stat. 485; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to grades, salaries, and transfers of appointees to the United States Secret Service Uniformed Division. See section 3056A of Title 18, Crimes and Criminal Procedure. [§ 205. Repealed. Pub. L. 91–217, § 1(7), Mar. 19, 1970, 84 Stat. 75] Section, act June 25, 1948, ch. 644, 62 Stat. 680, pro- vided for appointment of members of White House Po- lice force in accordance with civil service laws. [§§ 206 to 209. Repealed. Pub. L. 109–177, title VI, § 605(c), Mar. 9, 2006, 120 Stat. 255] Section 206, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(8), Mar. 19, 1970, 84 Stat. 75; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to privileges of civil-service appointees. Section 207, acts June 25, 1948, ch. 644, 62 Stat. 681; Pub. L. 91–217, § 1(1), Mar. 19, 1970, 84 Stat. 74; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, related to participa- tion in police and firemen’s relief fund. Section 208, added Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109; amended Pub. L. 97–418, § 1(b), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–93, title I, § 126(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99–399, title IV, § 410, Aug. 27, 1986, 100 Stat. 866; Pub. L. 102–138, title I, § 135(a)(1), (2), (c), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 107–296, title XVII, § 1703(a)(2), Nov. 25, 2002, 116 Stat. 2313, related to reimbursement of State and local governments. Section 209, acts June 25, 1948, ch. 644, 62 Stat. 681, § 208; renumbered § 209, Pub. L. 94–196, § 1(d)(1), Dec. 31, 1975, 89 Stat. 1109, related to authorization of appropria- tions to carry out provisions. See section 3056A of Title 18, Crimes and Criminal Procedure. CHAPTER 4—DELEGATION OF FUNCTIONS Sec. 301. General authorization to delegate functions; publication of delegations. 302. Scope of delegation of functions. 303. Definitions. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE Similar provisions were contained in former chapter 4, comprising former sections 301 to 303 of this title, which was set out here but which was not a part of this title. Former sections 301 to 303 were derived from act Aug. 8, 1950, ch. 646, §§ 1–3, 64 Stat. 419, and were re- pealed by section 56(j) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed sec- tions on the effective date of the repeal (Oct. 31, 1951). § 301. General authorization to delegate func- tions; publication of delegations The President of the United States is author- ized to designate and empower the head of any department or agency in the executive branch,