Compensation of the President

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§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 $400,000 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. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President. 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 ; Pub. L. 91–1, §1, Jan. 17, 1969, 83 Stat. 3 ; Pub. L. 95–570, §5(a), Nov. 2, 1978, 92 Stat. 2450 ; Pub. L. 106–58, title VI, §644(a), Sept. 29, 1999, 113 Stat. 478 ; Pub. L. 108–199, div. F, title III, §301, Jan. 23, 2004, 118 Stat. 326 .)


Editorial Notes

Amendments

2004-Pub. L. 108–199 substituted ". Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President." for ", for which expense allowance no accounting, other than for income tax purposes, shall be made by him."

1999-Pub. L. 106–58 substituted "$400,000" for "$200,000".

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.


Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–58, title VI, §644(b), Sept. 29, 1999, 113 Stat. 478 , provided that: "The amendment made by this section [amending this section] shall take effect at noon on January 20, 2001."

Effective Date of 1978 Amendment

Pub. L. 95–570, §6(a), Nov. 2, 1978, 92 Stat. 2451 , 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

Pub. L. 91–1, §2, Jan. 17, 1969, 83 Stat. 3 , 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

Act Oct. 20, 1951, ch. 521, title VI, §619(e), 65 Stat. 570 , 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 5121 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.

Authorization of Transition Activities by the Incumbent Administration

Pub. L. 111–283, §3, Oct. 15, 2010, 124 Stat. 3048 , which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. L. 114–136, §2(c)(1), Mar. 18, 2016, 130 Stat. 305 .

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; Pub. L. 106–293, §2, Oct. 12, 2000, 114 Stat. 1035 ; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814 ; Pub. L. 108–458, title VII, §7601(a), Dec. 17, 2004, 118 Stat. 3856 ; Pub. L. 111–283, §2(a), (b), (d), Oct. 15, 2010, 124 Stat. 3045 , 3047, 3048; Pub. L. 114–136, §2(a), (b), (c)(2), Mar. 18, 2016, 130 Stat. 301 , 304, 305; Pub. L. 116–121, §2, Mar. 3, 2020, 134 Stat. 138 , 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, each Vice-President-elect, and, for up to 60 days after the date of the inauguration of the President-elect and Vice-President-elect, each President and Vice President, for use in connection with the preparations for the assumption of official duties as President or Vice President necessary services and facilities, including the following:

"(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, or an employee of a committee of either House of Congress, a joint committee of the Congress, or an individual Member of Congress, may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency, or in the case of an employee in a position in the legislative branch, with the consent of the supervising Member of Congress; 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 7 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.

"(8)(A)(i) Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance.

"(ii) Activities under this paragraph may include interchange between such appointees and individuals who-

"(I) held similar leadership roles in prior administrations;

"(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or

"(III) are relevant staff from the Government Accountability Office.

"(iii) Activities under this paragraph may include training or orientation in records management to comply with section 2203 of title 44, United States Code, including training on the separation of Presidential records and personal records to comply with subsection (b) of that section.

"(iv) Activities under this paragraph may include training or orientation in human resources management and performance-based management.

"(v) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the President-elect as soon as possible after 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.

"(B) Activities under this paragraph shall be conducted primarily for individuals the President-elect or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies (as defined in section 105 of title 5, United States Code).

"(9)(A) Notwithstanding subsection (b), development of a transition directory by the Administrator of General Services Administration, in consultation with the Archivist of the United States (head of the National Archives and Records Administration) for activities conducted under paragraph (8).

"(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency.

"(10) Notwithstanding subsection (b), consultation by the Administrator with any President-elect, Vice-President-elect, or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the President-elect and Vice President-elect.

"(b) The Administrator shall expend funds for the provision of services and facilities under this section-

"(1) in connection with any obligation incurred by the President-elect or Vice-President-elect, or after the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President incurred by the President or Vice President, during the period-

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

"(B) ending on the date that is 60 days after the date of such inauguration; and

"(2) without regard to whether the President-elect, Vice-President-elect, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period.

"(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, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, 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)(1) The President-elect should submit to the Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004 [probably should be section 3001(c) of Pub. L. 108–458, 50 U.S...


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