§102. Compensation of the President

The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $200,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which expense allowance no accounting, other than for income tax purposes, shall be made by him. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House.

(June 25, 1948, ch. 644, 62 Stat. 678 ; Jan. 19, 1949, ch. 2, §1(a), 63 Stat. 4 ; Oct. 20, 1951, ch. 521, title VI, §619(a), 65 Stat. 569 ; Jan. 17, 1969, Pub. L. 91–1, §1, 83 Stat. 3 ; Nov. 2, 1978, Pub. L. 95–570, §5(a), 92 Stat. 2450 .)

Amendments

1978-Pub. L. 95–570 substituted "Executive Residence at the White House" for "Executive Mansion".

1969-Pub. L. 91–1 substituted "$200,000" for "$100,000".

1951-Act Oct. 20, 1951, made President's expense allowance taxable.

1949-Act Jan. 19, 1949, increased salary from $75,000 to $100,000 per year, and gave President a yearly expense account of $50,000 for which he was to make no accounting and which was tax free.

Effective Date of 1978 Amendment

Section 6(a) of Pub. L. 95–570 provided that: "The amendments made by this Act [enacting sections 107, 108, 112, 113, and 114 of this title, amending sections 102, 103, 105, 106, 109, 110, and 202 of this title, repealing section 107 of this title, and enacting provisions set out as a note under section 107 of this title] shall apply to any fiscal year which begins on or after October 1, 1978."

Effective Date of 1969 Amendment

Section 2 of Pub. L. 91–1 provided that: "The amendment made by this Act [amending this section] shall take effect at noon on January 20, 1969."

Effective Date of 1951 Amendment

Section 619(e) of act Oct. 20, 1951, provided that: "The amendments made by subsections (a) and (b) of this section [amending this section and section 111 of this title] shall become effective at noon on January 20, 1953, and the amendments made by subsections (c) and (d) [amending sections 31a and 31b of Title 2, The Congress] shall become effective at noon on January 3, 1953."

Effective Date of 1949 Amendment

Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act.

Short Title of 1988 Amendment

Pub. L. 100–398, §1, Aug. 17, 1988, 102 Stat. 985 , provided that: "This Act [amending sections 3345, 3348, and 5723 of Title 5, Government Organization and Employees, and enacting and amending provisions set out as notes under this section] may be cited as the 'Presidential Transitions Effectiveness Act'."

Disclosure of In-Kind Contributions to 1988–1989 Transition

Pub. L. 100–398, §5, Aug. 17, 1988, 102 Stat. 987 , provided that:

"(a) Disclosure as Condition of Receipt of Funds.-The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the Presidential Transition Act of 1963 [Pub. L. 88–277] (3 U.S.C. 102 note) shall provide an estimate to the Administrator of General Services of the aggregate value of in-kind contributions made during the period beginning on November 9, 1988, through January 20, 1989, received for transition activities for-

"(1) transportation;

"(2) hotel and other accommodations;

"(3) suitable office space; and

"(4) furniture, furnishings, office machines and equipment, and office supplies.

"(b) Form and Availability of Estimates.-The estimates made under subsection (a) shall be-

"(1) in the form of a report to the Administrator of General Services within 90 days after January 20, 1989; and

"(2) made available to the public by the Administrator upon receipt by the Administrator."

Presidential Transition Act of 1963

Pub. L. 88–277, Mar. 7, 1964, 78 Stat. 153 , as amended by Pub. L. 94–499, §§1, 2, Oct. 14, 1976, 90 Stat. 2380 ; Pub. L. 100–398, §§2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985 , 986, provided: "That this Act may be cited as the 'Presidential Transition Act of 1963.'

"purpose of this act

"Sec. 2. The Congress declares it to be the purpose of this Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President. The national interest requires that such transitions in the office of President be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people. Accordingly, it is the intent of the Congress that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this Act directed toward that purpose, it is the intent of the Congress that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President.

"services and facilities authorized to be provided to presidents-elect and vice-presidents-elect

"Sec. 3. (a) The Administrator of General Services, referred to hereafter in this Act as 'the Administrator,' is authorized to provide, upon request, to each President-elect and each Vice-President-elect, for use in connection with his preparations for the assumption of official duties as President or Vice President necessary services and facilities, including-

"(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the President-elect, the Vice-President-elect, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the President-elect or Vice-President-elect shall designate;

"(2) Payment of the compensation of members of office staffs designated by the President-elect or Vice-President-elect at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of title 5], for grade GS–18: Provided, That any employee of any agency of any branch of the Government may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency; and while so detailed such employee shall be responsible only to the President-elect or Vice-President-elect for the performance of his duties: Provided further, That any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the Federal Government except for purposes of the Civil Service Retirement Act [section 8301 et seq. of title 5], the Federal Employees' Compensation Act [section 8501 et seq. of title 5], the Federal Employees' Group Life Insurance Act of 1954 [section 8701 et seq. of title 5], and the Federal Employees Health Benefits Act of 1959 [section 8901 et seq. of title 5];

"(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the President-elect or Vice-President-elect, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a) [section 3109 of title 5];

"(4)(A) Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the President-elect or Vice-President-elect, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2) [section 5703 of title 5], as may be appropriate;

"(B) When requested by the President-elect or Vice-President-elect or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the President-elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or others occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 6 of this Act;

"(5) Communications services found necessary by the President-elect or Vice-President-elect;

"(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (44 U.S.C. 111) [section 501 of title 44];

"(7) Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection (d) of this section.

"(b) The Administrator may not expend funds for the provision of services and facilities under section 3 of this Act in connection with any obligations incurred by the President-elect or Vice-President-elect-

"(1) before the day following the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code; or

"(2) after 30 days after the date of the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President.

"(c) The terms 'President-elect' and 'Vice-President-elect' as used in this Act shall mean such persons as are the apparent successful candidates for the office of President and Vice President, respectively, as ascertained by the Administrator following the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.

"(d) Each President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152 [now section 3202 of title 39]. Each Vice-President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him under his written autograph signature in connection with his preparations for the assumption of official duties as Vice President.

"(e) Each President-elect and Vice-President-elect may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section.

"(f) In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent Vice President, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of the Treasury.

"services and facilities authorized to be provided to former presidents and former vice presidents

"Sec. 4. The Administrator is authorized to provide, upon request, to each former President and each former Vice President, for a period not to exceed seven months from 30 days before the date of the expiration of his term of office as President or Vice President, for use in connection with winding up the affairs of his office, necessary services and facilities of the same general character as authorized by this Act to be provided to Presidents-elect and Vice-Presidents-elect. Any person appointed or detailed to serve a former President or former Vice President under authority of this section shall be appointed or detailed in accordance with, and shall be subject to, all of the provisions of section 3 of this Act applicable to persons appointed or detailed under authority of that section. The provisions of the Act of August 25, 1958 (72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a) and (e) shall not become effective with respect to a former President until six months after the expiration of his term of office as President.

"disclosures of financing and personnel; limitation on acceptance of donations

"Sec. 5. (a)(1) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1)) shall disclose to the Administrator the date of contribution, source, amount, and expenditure thereof of all money, other than funds from the Federal Government, and including currency of the United States and of any foreign nation, checks, money orders, or any other negotiable instruments payable on demand, received either before or after the date of the general elections for use in the preparation of the President-elect or Vice-President-elect for the assumption of official duties as President or Vice President.

"(2) The President-elect and Vice-President-elect (as a condition for receiving such services and funds) shall make available to the Administrator and the Comptroller General all information concerning such contributions as the Administrator or Comptroller General may require for purposes of auditing both the public and private funding used in the activities authorized by this Act.

"(3) Disclosures made under paragraph (1) shall be-

"(A) in the form of a report to the Administrator within 30 days after the inauguration of the President-elect as President and the Vice-President-elect as Vice President; and

"(B) made available to the public by the Administrator upon receipt by the Administrator.

"(b)(1) The President-elect and Vice-President-elect (as a condition for receiving services provided under section 3 and funds provided under section 6(a)(1)) shall make available to the public-

"(A) the names and most recent employment of all transition personnel (full-time or part-time, public or private, or volunteer) who are members of the President-elect or Vice-President-elect's Federal department or agency transition teams; and

"(B) information regarding the sources of funding which support the transition activities of each transition team member.

"(2) Disclosures under paragraph (1) shall be made public before the initial transition team contact with a Federal department or agency and shall be updated as necessary.

"(c) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act.

"authorization of appropriations

"Sec. 6. (a) There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act, except that with respect to any one Presidential transition-

"(1) not more than $3,500,000 may be appropriated for the purposes of providing services and facilities to the President-elect and Vice President-elect under section 3, and

"(2) not more than $1,500,000 may be appropriated for the purposes of providing services and facilities to the former President and former Vice President under section 4, except that any amount appropriated pursuant to this paragraph in excess of $1,250,000 shall be returned to the general fund of the Treasury in the case where the former Vice President is the incumbent President.

The President shall include in the budget transmitted to Congress, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this Act.

"(b) The amounts authorized to be appropriated under subsection (a) shall be increased by an inflation adjusted amount, based on increases in the cost of transition services and expenses which have occurred in the years following the most recent Presidential transition, and shall be included in the proposed appropriation transmitted by the President under the last sentence of subsection (a)."

[ Pub. L. 100–398, §2(b), Aug. 17, 1988, 102 Stat. 985 , provided that: "The amendments made by subsection (a) of this section [renumbering and amending section 6 of Pub. L. 88–277, set out above] shall be effective upon enactment [Aug. 17, 1988], except that the amendment made by paragraph (7) of such subsection [enacting subsec. (b) of section 6 of Pub. L. 88–277, set out above] shall take effect on October 1, 1989."]

[ Pub. L. 94–499, §3, Oct. 14, 1976, 90 Stat. 2380 , provided that amendment of section 5 of Pub. L. 88–277 [set out above] by section 1 of Pub. L. 94–499, respecting revision of appropriation authorization, shall be effective Oct. 14, 1976.]

[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.]

Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable

Provisions prohibiting expenditure of funds made available for official expenses for any other purpose, requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. 1552, and providing that none of the funds made available for official expenses shall be considered as taxable to the President were contained in the following appropriation acts:

Pub. L. 103–329, title III, Sept. 30, 1994, 108 Stat. 2392 .

Pub. L. 103–123, title III, Oct. 28, 1993, 107 Stat. 1235 .

Pub. L. 102–393, title III, Oct. 6, 1992, 106 Stat. 1738 .

Pub. L. 102–141, title III, Oct. 28, 1991, 105 Stat. 844 .

Pub. L. 101–509, title III, Nov. 5, 1990, 104 Stat. 1399 .

Pub. L. 101–136, title III, Nov. 3, 1989, 103 Stat. 790 .

Pub. L. 100–440, title III, Sept. 22, 1988, 102 Stat. 1728 .

Pub. L. 100–202, §101(m) [title III], Dec. 22, 1987, 101 Stat. 1329–390 , 1329-398.

Pub. L. 99–500, §101(m) [title III], Oct. 18, 1986, 100 Stat. 1783–308 , 1783-315, and Pub. L. 99–591, §101(m) [title III, §301], Oct. 30, 1986, 100 Stat. 3341–308 , 3341-315.

Pub. L. 99–190, §101(h) [H.R. 3036, title III], Dec. 19, 1985, 99 Stat. 1291 .

Pub. L. 98–473, §101(j) [H.R. 5798, title III], Oct. 12, 1984, 98 Stat. 1963 .

Pub. L. 98–151, §101(f) [H.R. 4139, title III], Nov. 14, 1983, 97 Stat. 973 .

Pub. L. 97–377, title I, §101(a) [incorporating H.R. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. 1830 .

Pub. L. 97–92, §101(a) [H.R. 4121, title III], Dec. 15, 1981, 95 Stat. 1183 .

Pub. L. 96–536, §101(a) [incorporating Pub. L. 96–74, title III], Dec. 16, 1980, 94 Stat. 3166 .

Pub. L. 96–74, title III, Sept. 29, 1979, 93 Stat. 563 .

Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widow's Allowance, Termination; "Former President" Defined

Pub. L. 85–745, Aug. 25, 1958, 72 Stat. 838 , as amended by Pub. L. 86–682, §12(c), Sept. 2, 1960, 74 Stat. 730 ; Pub. L. 88–426, title I, §124, Aug. 14, 1964, 78 Stat. 412 ; Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 660 ; Pub. L. 90–206, title II, §224(c), Dec. 16, 1967, 81 Stat. 642 ; Pub. L. 91–231, §7, Apr. 15, 1970, 84 Stat. 198 ; Pub. L. 91–658, §6, Jan. 8, 1971, 84 Stat. 1963 ; Pub. L. 95–138, §1, Oct. 18, 1977, 91 Stat. 1170 ; Pub. L. 103–123, title IV, §6(a), Oct. 28, 1993, 107 Stat. 1246 ; Pub. L. 103–329, title V, §531, Sept. 30, 1994, 108 Stat. 2413 , provided that:

"(a) Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in section 101 of title 5, United States Code. However, such allowance shall not be paid for any period during which such former President holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.

"(b) The Administrator of General Services shall, without regard to the civil-service and classification laws, provide for each former President an office staff. Persons employed under this subsection shall be selected by the former President and shall be responsible only to him for the performance of their duties. Each former President shall fix basic rates of compensation for persons employed for him under this paragraph which in the aggregate shall not exceed $96,000 per annum except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum. The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code.

"(c) The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify.

"(d) [Repealed. Pub. L. 86–682, §12(c), Sept. 2, 1960, 74 Stat. 730 . See sections 3214 and 3216 of title 39.]

"(e) The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow-

"(1) commences on the day after the former President dies;

"(2) terminates on the last day of the month before such widow-

"(A) dies; or

"(B) remarries before becoming 60 years of age; and

"(3) is not payable for any period during which such widow holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.

"(f) As used in this section, the term 'former President' means a person-

"(1) who shall have held the office of President of the United States of America;

"(2) whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and

"(3) who does not then currently hold such office.

"(g) There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided, That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of title 18, United States Code, the former President and/or spouse was not receiving protection for a lifetime provided by the United States Secret Service under section 3056 paragraph (a) subparagraph (3) of title 18, United States Code; the protection provided by the United States Secret Service expired at its designated time; or the protection provided by the United States Secret Service was declined prior to authorized expiration in lieu of these funds.

"Sec. 2. The entitlements of a former President under subsections (b) and (c) of the first section shall be available-

"(1) in the case of an individual who is a former President on the effective date of this section [Oct. 1, 1993], for 5 years, commencing on such effective date; and

"(2) in the case of an individual who becomes a former President after such effective date, for 4 years and 6 months, commencing at the expiration of the period for which services and facilities are authorized to be provided under section 4 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note)."

[Amendment by Pub. L. 103–123, adding section 2 to Pub. L. 85–745, set out above, effective Oct. 1, 1993, see section 6(c) of Pub. L. 103–123, set out as an Effective Date of 1993 Amendment note under section 3214 of Title 39, Postal Service.]

[ Pub. L. 95–138, §2, Oct. 18, 1977, 91 Stat. 1170 , provided that: "The amendment made by the first section of this Act [amending Pub. L. 87–745, set out above] shall take effect October 1, 1977."]

Former President Eisenhower; Allowance; Compensation of Office Staff; Widow's Pension

Allowance to former President Eisenhower as precluding entitlement to pay of General of the Army, compensation of office staff to former President to be reduced by pay of military assistants to the General of the Army, and benefits of widow of former President unaffected by restoration of military status, see Appointment of General of the Army note under former sections 1691 to 1697 of Title 50, Appendix, War and National Defense.

Section Referred to in Other Sections

This section is referred to in title 10 section 1091; title 31 section 3524; title 38 section 7437.