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§ 102. —  Compensation of the President.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 3USC102]

 
                         TITLE 3--THE PRESIDENT
 
             CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
 
Sec. 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, 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, Sec. 1(a), 
63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, Sec. 619(a), 65 Stat. 569; 
Pub. L. 91-1, Sec. 1, Jan. 17, 1969, 83 Stat. 3; Pub. L. 95-570, 
Sec. 5(a), Nov. 2, 1978, 92 Stat. 2450; Pub. L. 106-58, title VI, 
Sec. 644(a), Sept. 29, 1999, 113 Stat. 478.)


                               Amendments

    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.


                    Effective Date of 1999 Amendment

    Pub. L. 106-58, title VI, Sec. 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

    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.


       Disclosure of In-Kind Contributions to 1988-1989 Transition

    Pub. L. 100-398, Sec. 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, Secs. 1, 2, Oct. 14, 1976, 90 Stat. 2380; Pub. L. 100-398, 
Secs. 2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985, 986; Pub. L. 106-293, 
Sec. 2, Oct. 12, 2000, 114 Stat. 1035, 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 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 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.
        ``(8)(A)(i) Not withstanding subsection (b), payment of expenses 
    during the transition 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 
    after inauguration.
        ``(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 General Accounting 
        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.
        ``(B) Activities under this paragraph shall be conducted 
    primarily for individuals the President-elect intends to nominate as 
    department heads or appoint to key positions in the Executive Office 
    of the President.
        ``(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)(A) Notwithstanding subsection (b), consultation by the 
    Administrator with any candidate for President or Vice President 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.
        ``(B) Consultations under this paragraph shall be conducted at 
    the discretion of the Administrator.
    ``(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, Sec. 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, Sec. 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.]
    [For transfer of the functions, personnel, assets, and obligations 
of the United States Secret Service, including the functions of the 
Secretary of the Treasury relating thereto, to the Secretary of Homeland 
Security, and for treatment of related references, see sections 381, 
551(d), 552(d), and 557 of Title 6, Domestic Security, and the 
Department of Homeland Security Reorganization Plan of November 25, 
2002, as modified, set out as a note under section 542 of Title 6.]
    [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, 
Sec. 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. 107-67, title III, Nov. 12, 2001, 115 Stat. 526.
    Pub. L. 106-554, Sec. 1(a)(3) [title III], Dec. 21, 2000, 114 Stat. 
2763, 2763A-136.
    Pub. L. 106-58, title III, Sept. 29, 1999, 113 Stat. 444.
    Pub. L. 105-277, div. A, Sec. 101(h) [title III], Oct. 21, 1998, 112 
Stat. 2681-480, 2681-492.
    Pub. L. 105-61, title III, Oct. 10, 1997, 111 Stat. 1290.
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title III], Sept. 30, 
1996, 110 Stat. 3009-314, 3009-326.
    Pub. L. 104-52, title III, Nov. 19, 1995, 109 Stat. 477.
    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, Sec. 101(m) [title III], Dec. 22, 1987, 101 Stat. 
1329-390, 1329-398.
    Pub. L. 99-500, Sec. 101(m) [title III], Oct. 18, 1986, 100 Stat. 
1783-308, 1783-315, and Pub. L. 99-591, Sec. 101(m) [title III, 
Sec. 301], Oct. 30, 1986, 100 Stat. 3341-308, 3341-315.
    Pub. L. 99-190, Sec. 101(h) [H.R. 3036, title III], Dec. 19, 1985, 
99 Stat. 1291.
    Pub. L. 98-473, Sec. 101(j) [H.R. 5798, title III], Oct. 12, 1984, 
98 Stat. 1963.
    Pub. L. 98-151, Sec. 101(f) [H.R. 4139, title III], Nov. 14, 1983, 
97 Stat. 973.
    Pub. L. 97-377, title I, Sec. 101(a) [incorporating H.R. 4121, title 
III, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.
    Pub. L. 97-92, Sec. 101(a) [H.R. 4121, title III], Dec. 15, 1981, 95 
Stat. 1183.
    Pub. L. 96-536, Sec. 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, Sec. 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88-426, title 
I, Sec. 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89-554, Sec. 8(a), 
Sept. 6, 1966, 80 Stat. 660; Pub. L. 90-206, title II, Sec. 224(c), Dec. 
16, 1967, 81 Stat. 642; Pub. L. 91-231, Sec. 7, Apr. 15, 1970, 84 Stat. 
198; Pub. L. 91-658, Sec. 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95-
138, Sec. 1, Oct. 18, 1977, 91 Stat. 1170; Pub. L. 103-123, title IV, 
Sec. 6(a), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 103-329, title V, 
Sec. 531, Sept. 30, 1994, 108 Stat. 2413; Pub. L. 104-52, title V, 
Sec. 523, Nov. 19, 1995, 109 Stat. 495; Pub. L. 105-61, title IV, 
Sec. 409(a), Oct. 10, 1997, 111 Stat. 1299, 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, Sec. 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.''
    [Pub. L. 95-138, Sec. 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.'']
    [For transfer of the functions, personnel, assets, and obligations 
of the United States Secret Service, including the functions of the 
Secretary of the Treasury relating thereto, to the Secretary of Homeland 
Security, and for treatment of related references, see sections 381, 
551(d), 552(d), and 557 of Title 6, Domestic Security, and the 
Department of Homeland Security Reorganization Plan of November 25, 
2002, as modified, set out as a note under section 542 of Title 6.]


 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 20 
section 1018; title 31 section 3524; title 38 section 7437; title 49 
section 106.



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