Notes on 3 U.S.C. § 102 : US Code - Notes

Search Notes on 3 U.S.C. § 102 : US Code - Notes

(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; Pub. L. 108-
199, div. F, title III, Sec. 301, Jan. 23, 2004, 118 Stat. 326.)
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.
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; Pub. L. 108-271, Sec.
8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-458, title VII, Sec.
7601(a), Dec. 17, 2004, 118 Stat. 3856, 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 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 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)(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.C. 435b(c)], the names of candidates for high level national
security positions through the level of undersecretary of cabinet
departments 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.
"(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the
individuals who are candidates described under paragraph (1) before
the date of the inauguration of the President-elect as President
and the inauguration of the Vice-President-elect as Vice President.
"(g) 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. 108-458, title VII, Sec. 7601(d), Dec. 17, 2004, 118
Stat. 3858, provided that: "Notwithstanding section 351 [Pub. L.
108-458 does not contain a section 351], this section [enacting
provisions set out as a note under section 435b of Title 50, War
and National Defense, and amending section 3 of Pub. L. 88-277, set
out above] and the amendments made by this section shall take
effect on the date of enactment of this Act [Dec. 17, 2004]."]
[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 and requiring reversion of
any unused amount to the Treasury pursuant to 31 U.S.C. 1552 were
contained in the following appropriation acts:
Pub. L. 109-115, div. A, title V, Nov. 30, 2005, 119 Stat. 2472.
Pub. L. 108-447, div. H, title III, Dec. 8, 2004, 118 Stat. 3246.
Pub. L. 108-199, div. F, title III, Jan. 23, 2004, 118 Stat. 321.
Pub. L. 108-7, div. J, title III, Feb. 20, 2003, 117 Stat. 442.
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; Pub. L. 108-447, div. H, title V, Sec. 526, Dec. 8,
2004, 118 Stat. 3271, 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. Amounts provided for
'Allowances and Office Staff for Former Presidents' may be used to
pay fees of an independent contractor who is not a member of the
staff of the office of a former President for the review of
Presidential records of a former President in connection with the
transfer of such records to the National Archives and Records
Administration or a Presidential Library without regard to the
limitation on staff compensation set forth herein.
"(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.