§ 104. — Salary of the Vice 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: 3USC104]
TITLE 3--THE PRESIDENT
CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
Sec. 104. Salary of the Vice President
(a) The per annum rate of salary of the Vice President of the United
States shall be the rate determined for such position under chapter 11
of title 2, as adjusted under this section. Subject to subsection (b),
effective at the beginning of the first month in which an adjustment
takes effect under section 5303 of title 5 in the rates of pay under the
General Schedule, the salary of the Vice President shall be adjusted by
an amount, rounded to the nearest multiple of $100 (or if midway between
multiples of $100, to the nearest higher multiple of $100), equal to the
percentage of such per annum rate which corresponds to the most recent
percentage change in the ECI (relative to the date described in the next
sentence), as determined under section 704(a)(1) of the Ethics Reform
Act of 1989. The appropriate date under this sentence is the first day
of the fiscal year in which such adjustment in the rates of pay under
the General Schedule takes effect.
(b) In no event shall the percentage adjustment taking effect under
the second and third sentences of subsection (a) in any calendar year
(before rounding) exceed the percentage adjustment taking effect in such
calendar year under section 5303 of title 5 in the rates of pay under
the General Schedule.
(June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, Sec. 1(b),
63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426,
title III, Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67,
Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, title II, Sec. 203,
Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257, title I, Sec. 105(b), Sept.
10, 1982, 96 Stat. 849; Pub. L. 101-194, title VII, Sec. 704(a)(2)(A),
Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title
I, Sec. 101(b)(4)(I)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103-
356, title I, Sec. 101(2), Oct. 13, 1994, 108 Stat. 3410.)
References in Text
The General Schedule, referred to in text, is set out under section
5332 of Title 5, Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in
subsec. (a), is section 704(a)(1) of Pub. L. 101-194, which is set out
as a note under section 5318 of Title 5.
Amendments
1994--Pub. L. 103-356 designated existing provisions as subsec. (a),
substituted ``Subject to subsection (b), effective'' for ``Effective''
in second sentence, and added subsec. (b).
1990--Pub. L. 101-509 substituted ``5303'' for ``5305''.
1989--Pub. L. 101-194 substituted ``corresponds to the most recent
percentage change in the ECI (relative to the date described in the next
sentence), as determined under section 704(a)(1) of the Ethics Reform
Act of 1989. The appropriate date under this sentence is the first day
of the fiscal year in which such adjustment in the rates of pay under
the General Schedule takes effect'' for ``corresponds to the overall
average percentage (as set forth in the report transmitted to the
Congress under section 5305 of title 5) of the adjustment in such rates
of pay''.
1982--Pub. L. 97-257 struck out requirement for payment of salary on
a monthly basis.
1975--Pub. L. 94-82 substituted provisions for a rate of salary to
be determined under chapter 11 of title 2, as adjusted under this
section, with adjustments equal to the percentage of such per annum rate
which corresponds to the overall average percentage of the adjustment in
such rates of pay for provisions for a per annum rate of salary of
$62,500.
1969--Pub. L. 91-67 increased salary from $43,000 to $62,500.
1964--Pub. L. 88-426 increased salary from $35,000 to $43,000.
1955--Act Mar. 2, 1955, increased salary from $30,000 to $35,000.
1949--Act Jan. 19, 1949, increased salary from $20,000 to $30,000.
Effective Date of 1994 Amendment
Section 101 of Pub. L. 101-356 provided that the amendment made by
that section is effective Dec. 31, 1994.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub.
L. 101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title
5, Government Organization and Employees.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-257 effective in the case of compensation
payable for months after December 1981, see section 105(c) of Pub. L.
97-257, set out as a note under section 60c-1 of Title 2, The Congress.
Effective Date of 1969 Amendment
Section 3 of Pub. L. 91-67 provided that: ``The amendments made by
this Act [amending this section and section 31 of Title 2, The Congress]
shall become effective on March 1, 1969.''
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426, see section 504 of Pub. L.
88-426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5
of that act, set out as a note under section 31 of Title 2, The
Congress.
Effective Date of 1949 Amendment
Amendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see
section 3 of that act.
Salary Increases
2003--Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a
note under section 5332 of Title 5, Government Organization and
Employees, provided for the adjustment of pay rates effective Jan. 1,
2003.
2002--Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided
for the adjustment of pay rates effective Jan. 1, 2002, was superseded
by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note
under section 5332 of Title 5.
2001--Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R.
10057, which provided for the adjustment of pay rates effective Jan. 1,
2001, was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639,
formerly set out as a note under section 5332 of Title 5.
2000--Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which
provided for the adjustment of pay rates effective Jan. 1, 2000, was
superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, formerly
set out as a note under section 5332 of Title 5.
1999--Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which
provided for the adjustment of pay rates effective Jan. 1, 1999, was
substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R.
72237, formerly set out as a note under section 5332 of Title 5.
1998--Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which
provided for the adjustment of pay rates effective Jan. 1, 1998, was
superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly
set out as a note under section 5332 of Title 5.
1997--Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which
provided for the adjustment of pay rates effective Jan. 1, 1997, was
superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly
set out as a note under section 5332 of Title 5.
1996--Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided
for the adjustment of pay rates effective Jan. 1, 1996, was superseded
by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as
a note under section 5332 of Title 5.
1995--Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided
for the adjustment of pay rates effective Jan. 1, 1995, was superseded
by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a
note under section 5332 of Title 5.
1993--Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which
provided for the adjustment of pay rates effective Jan. 1, 1993, was
superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly
set out as a note under section 5332 of Title 5.
1992--Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which
provided for the adjustment of pay rates effective Jan. 1, 1992, was
superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly
set out as a note under section 5332 of Title 5.
1991--Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which
provided for the adjustment of pay rates effective Jan. 1, 1991, was
superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly
set out as a note under section 5332 of Title 5.
1990--Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which
provided for adjustments of pay rates effective Jan. 1, 1990, and Jan.
31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R.
51385, formerly set out as a note under section 5332 of Title 5.
1989--Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103
Stat. 1768, set out as a note under section 5318 of Title 5, provided
that effective Jan. 1, 1991, the rate of basic pay for the Vice
President shall be increased in the amount of 25 percent of the rate (as
last in effect before the increase).
Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for
the adjustment of pay rates effective Jan. 1, 1989, was superseded by
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a
note under section 5332 of Title 5.
1988--Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided
for the adjustment of pay rates effective Jan. 1, 1988, was superseded
by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a
note under section 5332 of Title 5.
1987--Salary of the Vice President increased to $115,000 per annum,
on recommendation of the President of the United States, see note set
out under section 358 of Title 2, The Congress.
Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for
the adjustment of pay rates effective Jan. 1, 1987, was superseded by
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a
note under section 5332 of Title 5.
1985--Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by
Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the
adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex.
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note
under section 5332 of Title 5.
1984--Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex.
Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept.
14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates
effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28,
1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51
F.R. 577, formerly set out as a note under section 5332 of Title 5.
1982--Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which
provided for the adjustment of pay rates effective Oct. 1, 1982, was
superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended
Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487,
Sept. 14, 1983, 49 F.R. 36493, formerly set out as a note under section
5332 of Title 5.
Maximum rate payable after Dec. 17, 1982, increased from $79,125 to
$91,000, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276,
as amended, set out as a note under section 5318 of Title 5.
1981--Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which
provided for the adjustment of pay rates effective Oct. 1, 1981, was
superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly
set out as a note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980--Ex. Ord. No. 12248, Oct. 16, 1981, 45 F.R. 69199, which
provided for the adjustment of pay rates effective Oct. 1, 1980, was
superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly
set out as a note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536,
as amended, set out as a note under section 5318 of Title 5.
1979--Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by
Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the
adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex.
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note
under section 5332 of Title 5.
Applicability to funds appropriated by any Act for fiscal year
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on
use of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978--Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which
provided for the adjustment of pay rates effective Oct. 1, 1978, was
superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly
set out as a note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1979,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and
section 613 of Pub. L. 95-429, set out as a note under section 5318 of
Title 5.
1977--Salary of the Vice President of the United States increased to
$75,000 per annum on recommendation of the President of the United
States, see note set out under section 358 of Title 2, The Congress.
Pub. L. 95-66, Sec. 1(1), July 11, 1977, 91 Stat. 270, set out as a
note under section 5318 of Title 5, Government Organization and
Employees, provided that the first adjustment which, but for the
enactment of Pub. L. 95-66, would have been made in the annual rate of
pay for the Vice President under the second sentence of this section
after July 11, 1977, would not take effect.
1976--Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by
Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the
adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex.
Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a
note under section 5332 of Title 5.
1975--Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which
provided for the adjustment of pay rates effective Oct. 1, 1975, was
superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as
amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly
set out as a note under section 5332 of Title 5.
Section Referred to in Other Sections
This section is referred to in title 5 sections 5307, 9502, 9503,
9505; title 35 section 3.