3 U.S.C. § 107

Domestic Policy Staff and Office of Administration; personnel

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(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 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 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 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) 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) 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 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 NotesPrior Provisions

A prior section 107, act June 25, 1948, ch. 644, 62 Stat. 679, providing that employees of the executive departments and independent establishments of the executive branch of the Government might be detailed from time to time to the White House Office for temporary assistance, was repealed by section 2(a) of Pub. L. 95–570. See section 112 of this title.

Statutory Notes and Related SubsidiariesEffective 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 Organization 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, provided that:

“In the case of an individual—“(1) who is an employee of the Office of Administration 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 subsection) 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 continues as an employee of the Office of Administration.”

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1982–2022 · leading case: Daniel Moncada v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 25 (MSPB 2022).

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Daniel Moncada v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 25 (MSPB 2022). · cites it 3× “In support of its argument, OA relies on 3 U.S.C. § 107 (b)(2), which provides that the President or his designee is authorized to “employ” individuals in OA in accordance with 5 U.”

Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022). “See 3 U.S.C. § 107 (b)(1)(A). Accordingly, the Office of Administration is more properly treated as a “Title 5” agency for purposes of the applicability of employee workplace laws.”

Application of the Anti-Nepotism Statute to a Presidential Appointment in the White House Off. (OLC 2017). “We understand that most White House Office employees are appointed under section 105 or a similar hiring authority, such as 3 U.S.C. § 107 (the authorization for domestic policy staff).”

Auth. to Employ the Servs. of White House Off. Employees During an Appropriations Lapse (OLC 1995). “, 3 U.S.C. § 107 (domestic policy staff). This office has consist ently taken the position that the quoted portion of § 105 authorizes the President to create nonsalaried positions in the White House office.”

Procedures for Investigating Allegations Concerning Senior Admin. Officials (OLC 1982). “See 3 U.S C. § 107. Alternatively, if the President were to direct the investigation of his appointees by an agency which is otherwise authorized to investigate particular types of misconduct, funds appropriated to that agency could be made available for the investigation.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.