Page 17 TITLE 3—THE PRESIDENT § 104

AMENDMENTS

1978—Pub. L. 95–570 substituted ‘‘$100,000’’ for

‘‘$40,000’’.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–570 applicable to any fiscal

year beginning on or after Oct. 1, 1978, see section 6(a)

of Pub. L. 95–570, set out as a note under section 102 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 3524.

§ 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, §1(b), 63 Stat. 4; Mar. 2, 1955, ch. 9, §4(c),

69 Stat. 11; Pub. L. 88–426, title III, §304(a), Aug.

14, 1964, 78 Stat. 422; Pub. L. 91–67, §1, Sept. 15,

1969, 83 Stat. 106; Pub. L. 94–82, title II, §203,

Aug. 9, 1975, 89 Stat. 420; Pub. L. 97–257, title I,

§105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L.

101–194, title VII, §704(a)(2)(A), Nov. 30, 1989, 103

Stat. 1769; Pub. L. 101–509, title V, §529 [title I,

§101(b)(4)(I)], Nov. 5, 1990, 104 Stat. 1427, 1440;

Pub. L. 103–356, title I, §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, §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

1998—Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, 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, 1998.
§ 104 TITLE 3—THE PRESIDENT Page 18

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, 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, §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,

§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, §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,
Page 19 TITLE 3—THE PRESIDENT § 105

1So in original. Probably should be ‘‘provisions’’.

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.

LONG-DISTANCE TELEPHONE CALLS

Section 58 of Title 2, The Congress, relating to longdistance telephone calls for Senators is made applicable to the Vice President under the provisions of section 46d–1 of Title 2.

CROSS REFERENCES

Claims for overpayment of pay or allowances to the

Vice President, see section 130c of Title 2, The Congress.

§ 105. Assistance and services for the President

(a)(1) Subject to the provisons 1 of paragraph

(2) of this subsection, the President is authorized to appoint and fix the pay of employees in

the White House Office without regard to any

other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may

prescribe.

(2) The President may, under paragraph (1) of

this subsection, appoint and fix the pay of not

more than—

(A) 25 employees at rates not to exceed the

rate of basic pay then currently paid for level

II of the Executive Schedule of section 5313 of

title 5; and in addition

(B) 25 employees at rates not to exceed the

rate of basic pay then currently paid for level

III of the Executive Schedule of section 5314 of

title 5; and in addition

(C) 50 employees at rates not to exceed the

maximum rate of basic pay then currently

paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition

(D) such number of other employees as he

may determine to be appropriate at rates not

to exceed the minimum rate of basic pay then

currently paid for GS–16 of the General Schedule of section 5332 of title 5.

(b)(1) Subject to the provisions of paragraph

(2) of this subsection, the President is authorized to appoint and fix the pay of employees in

the Executive Residence at the White House

without regard to any other provision of law

regulating the employment or compensation of

persons in the Government service. Employees

so appointed shall perform such official duties

as the President may prescribe.

(2) The President may, under paragraph (1) of

this subsection, appoint and fix the pay of not

more than—

(A) 3 employees at rates not to exceed the

maximum rate of basic pay then currently

paid for GS–18 of the General Schedule of section 5332 of title 5; and in addition

(B) such number of other employees as he

may determine to be appropriate at rates not

to exceed the minimum rate of basic pay then

currently paid for GS–16 of the General Schedule of section 5332 of title 5.

(c) The President is authorized to procure for

the White House Office and the Executive Residence at the White House, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in

and in accordance with the first two sentences

of section 3109(b) of title 5—

(1) in the case of the White House Office, at

respective daily rates of pay for individuals

which are not more than the daily equivalent

of the rate of basic pay then currently paid for

level II of the Executive Schedule of section

5313 of title 5; and

(2) in the case of the Executive Residence, at

respective daily rates of pay for individuals

which are not more than the daily equivalent

of the maximum rate of basic pay then currently paid for GS–18 of the General Schedule

of section 5332 of title 5.

Notwithstanding such section 3109(b), temporary

services of any expert or consultant described in

such section 3109(b) may be procured for a period

in excess of one year if the President determines

such procurement is necessary.

(d) There are authorized to be appropriated

each fiscal year to the President such sums as

may be necessary for—

(1) the care, maintenance, repair, alteration,

refurnishing, improvement, air-conditioning,

heating, and lighting (including electric power

and fixtures) of the Executive Residence at the

White House;

(2) the official expenses of the White House

Office;

(3) the official entertainment expenses of the

President;

(4) the official entertainment expenses for

allocation within the Executive Office of the

President; and

(5) the subsistence expenses of persons in the

Government service while traveling on official

business in connection with the travel of the

President.

Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5)

may be expended as the President may determine, notwithstanding the provisions of any

other law. Such sums shall be accounted for

solely on the certificate of the President, except

that, with respect to such expenses, the Comptroller General may inspect all necessary books,

documents, papers, and records relating to any

such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3), or (5). The Comptroller General shall certify to Congress the fact of

such verification, and shall report any such expenses not expended for such purpose.

(e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by

such spouse to the President in the discharge of

the President’s duties and responsibilities. If the

President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President’s family

whom the President designates.

(June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949,

ch. 695, §2(a), 63 Stat. 880; July 31, 1956, ch. 804,

title I, §109, 70 Stat. 740; Pub. L. 87–367, title III,

§303(h), Oct. 4, 1961, 75 Stat. 794; Pub. L. 88–426,

title III, §304(b), Aug. 14, 1964, 78 Stat. 422; Pub.