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Title 3 — The President

Chapter 2 — Office and Compensation of President

§ 108. Assistance to the President for unanticipated needs

Statutory text

(a)

There is authorized to be appropriated to the President an amount not to exceed $1,000,000 each fiscal year to enable the President, in his discretion, to meet unanticipated needs for the furtherance of the national interest, security, or defense, including personnel needs and needs for services described in section 3109(b) of title 5, and administrative expenses related thereto, without regard to any provision of law regulating the employment or compensation of persons in the Government service or regulating expenditures of Government funds.

(b)

The President shall transmit a report to each House of the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report.

(c)

An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 95–570 § 2(a) · 92 Stat. 2445

    Enacted · 3 U.S.C. § 108

    (Added Pub. L. 95–570, § 2(a), Nov. 2, 1978, 92 Stat. 2449.)

    Source evidence

    Code source credit
    (Added Pub. L. 95–570, § 2(a), Nov. 2, 1978, 92 Stat. 2449.)

    Enacted provision · exact public law section
    (a) 3 USC 101. Chapter 2 of title 3, United States Code, is amended by striking ont section 107 and inserting in lieu thereof the following new sections: “Sec. 107. “domestic policy staff and office of administration; personnel (a) In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized— “(1) Appointment. 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) 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 5 USC 5332 note. 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) Experts and consultants, temporary or intermittent services. 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 section 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 Executive Schedule of section 5314 of title 5. “(b) (1) In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized— “(A) Appointment. without regard to such other provisions of law as the President may specify which regulate 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) Experts and consultants, temporary or intermittent services. 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 section 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 individuals in the Office of Administration in accordance, 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 Appropriation authorization. such sums as may be necessary for the official expenses of the Domestic Policy Staff and the Office of Administration. “Sec. 108. “assistance to the president for unanticipated needs (a) There is authorized to be appropriated to the Appropriation authorization. 3 USC 108. President an amount not to exceed $1,000,000 each fiscal year to enable the President, in his discretion, to meet unanticipated needs for the furtherance of the national interest, security, or defense, including personnel needs and needs for services described in section 3109(b) of title 5, and administrative expenses related thereto, without regard to any provision of law regulating the employment or compensation of persons in the Government service or regulating expenditures of Government funds. “(b) The President shall transmit a report to each House of Report, transmittal to Congress. the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report. “(c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.”.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

For the effective date of this subsection, referred to in subsec. (b), 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.

Prior Provisions

A prior section 108, act June 25, 1948, ch. 644, 62 Stat. 679, directing the Quartermaster General of the Army to provide suitable accommodations for the horses, carriages, and other vehicles of the President and of the Executive Office, was repealed by act June 28, 1950, ch. 383, title IV, § 401(j), 64 Stat. 271.

Insofar as prior section 108, by virtue of a former proviso in section 401 of act , continued to remain in effect to the extent that it was applicable to the Department of the Air Force, and the United States Air Force, it was additionally repealed by act Sept. 19, 1951, ch. 407, title IV, § 401(a)(1), 65 Stat. 333.

Act Oct. 31, 1951, ch. 654, § 1(2), 65 Stat. 701, repealed that part of act Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1404, from which prior section 108, as enacted by act June 25, 1948, ch. 644, § 1, 62 Stat. 672, had been derived. That part of the 1911 act had previously been repealed by section 3 of the 1948 act.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any fiscal year beginning on or after , 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.

Credits

(Added Pub. L. 95–570, § 2(a), , 92 Stat. 2449.)

Parsed from the official OLRC USLM XML in data/usc_all/usc03.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t3/s108