3 U.S.C. § 102 (THE PRESIDENT)
§ 102. Compensation of the President
The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House.
(June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, § 1(a), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, § 619(a), 65 Stat. 569; Pub. L. 91–1, § 1, Jan. 17, 1969, 83 Stat. 3; Pub. L. 95–570, § 5(a), Nov. 2, 1978, 92 Stat. 2450; Pub. L. 106–58, title VI, § 644(a), Sept. 29, 1999, 113 Stat. 478; Pub. L. 108–199, div. F, title III, § 301, Jan. 23, 2004, 118 Stat. 326.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Pub. L. 106–58, title VI, § 644(b), Sept. 29, 1999, 113 Stat. 478, provided that: “The amendment made by this section [amending this section] shall take effect at noon on January 20, 2001.”
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–570, § 6(a), Nov. 2, 1978, 92 Stat. 2451, provided that: “The amendments made by this Act [enacting sections 107, 108, 112, 113, and 114 of this title, amending sections 102, 103, 105, 106, 109, 110, and 202 of this title, repealing section 107 of this title, and enacting provisions set out as a note under section 107 of this title] shall apply to any fiscal year which begins on or after October 1, 1978.”
heading: Effective Date of 1969 Amendment
text: Pub. L. 91–1, § 2, Jan. 17, 1969, 83 Stat. 3, provided that: “The amendment made by this Act [amending this section] shall take effect at noon on January 20, 1969.”
heading: Effective Date of 1951 Amendment
text: Act Oct. 20, 1951, ch. 521, title VI, § 619(e), 65 Stat. 570, provided that: “The amendments made by subsections (a) and (b) of this section [amending this section and section 111 of this title] shall become effective at noon on January 20, 1953, and the amendments made by subsections (c) and (d) [amending sections 31a and 5121 of Title 2, The Congress] shall become effective at noon on January 3, 1953.”
heading: Effective Date of 1949 Amendment
text: Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act.
heading: Authorization of Transition Activities by the Incumbent Administration
text: Pub. L. 111–283, § 3, Oct. 15, 2010, 124 Stat. 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. L. 114–136, § 2(c)(1), Mar. 18, 2016, 130 Stat. 305.
heading: Disclosure of In-Kind Contributions to 1988–1989 Transition
text: Pub. L. 100–398, § 5, Aug. 17, 1988, 102 Stat. 987, provided that:
“(a) Disclosure as Condition of Receipt of Funds.—
The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the Presidential Transition Act of 1963 [Pub. L. 88–277] (3 U.S.C. 102 note) shall provide an estimate to the Administrator of General Services of the aggregate value of in-kind contributions made during the period beginning on November 9, 1988, through January 20, 1989, received for transition activities for—
“(1) transportation;
“(2) hotel and other accommodations;
“(3) suitable office space; and
“(4) furniture, furnishings, office machines and equipment, and office supplies.
“(b) Form and Availability of Estimates.—
The estimates made under subsection (a) shall be—
“(1) in the form of a report to the Administrator of General Services within 90 days after January 20, 1989; and
“(2) made available to the public by the Administrator upon receipt by the Administrator.”
heading: Presidential Transition Act of 1963
text: Pub. L. 88–277, Mar. 7, 1964, 78 Stat. 153, as amended by Pub. L. 94–499, §§ 1, 2, Oct. 14, 1976, 90 Stat. 2380; Pub. L. 100–398, §§ 2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985, 986; Pub. L. 106–293, § 2, Oct. 12, 2000, 114 Stat. 1035; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–458, title VII, § 7601(a), Dec. 17, 2004, 118 Stat. 3856; Pub. L. 111–283, § 2(a), (b), (d), Oct. 15, 2010, 124 Stat. 3045, 3047, 3048; Pub. L. 114–136, § 2(a), (b), (c)(2), Mar. 18, 2016, 130 Stat. 301, 304, 305; Pub. L. 116–121, § 2, Mar. 3, 2020, 134 Stat. 138, provided:
“That this Act may be cited as the ‘Presidential Transition Act of 1963.’
“purpose of this act
“Sec. 2. The Congress declares it to be the purpose of this Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President. The national interest requires that such transitions in the office of President be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people. Accordingly, it is the intent of the Congress that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this Act directed toward that purpose, it is the intent of the Congress that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President.
“services and facilities authorized to be provided to presidents-elect and vice-presidents-elect
“Sec. 3.
(a) The Administrator of General Services, referred to hereafter in this Act as ‘the Administrator,’ is authorized to provide, upon request, to each President-elect, each Vice-President-elect, and, for up to 60 days after the date of the inauguration of the President-elect and Vice-President-elect, each President and Vice President, for use in connection with the preparations for the assumption of official duties as President or Vice President necessary services and facilities, including the following:
“(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the President-elect, the Vice-President-elect, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the President-elect or Vice-President-elect shall designate.
“(2) Payment of the compensation of members of office staffs designated by the President-elect or Vice-President-elect at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of title 5], for grade GS–18: Provided, That any employee of any agency of any branch of the Government, or an employee of a committee of either House of Congress, a joint committee of the Congress, or an individual Member of Congress, may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency, or in the case of an employee in a position in the legislative branch, with the consent of the supervising Member of Congress; and while so detailed such employee shall be responsible only to the President-elect or Vice-President-elect for the performance of his duties: Provided further, That any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the Federal Government except for purposes of the Civil Service Retirement Act [section 8301 et seq. of title 5], the Federal Employees’ Compensation Act [section 8501 et seq. of title 5], the Federal Employees’ Group Life Insurance Act of 1954 [section 8701 et seq. of title 5], and the Federal Employees Health Benefits Act of 1959 [section 8901 et seq. of title 5].
“(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the President-elect or Vice-President-elect, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a) [section 3109 of title 5].
“(4)
(A) Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the President-elect or Vice-President-elect, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2) [section 5703 of title 5], as may be appropriate;
“(B) When requested by the President-elect or Vice-President-elect or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the President-elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or others occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 7 of this Act.
“(5) Communications services found necessary by the President-elect or Vice-President-elect.
“(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (44 U.S.C. 111) [section 501 of title 44].
“(7) Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection (d) of this section.
“(8)
(A)
(i) Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance.
“(ii) Activities under this paragraph may include interchange between such appointees and individuals who—
“(I) held similar leadership roles in prior administrations;
“(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or
“(III) are relevant staff from the Government Accountability Office.
“(iii) Activities under this paragraph may include training or orientation in records management to comply with section 2203 of title 44, United States Code, including training on the separation of Presidential records and personal records to comply with subsection (b) of that section.
“(iv) Activities under this paragraph may include training or orientation in human resources management and performance-based management.
“(v) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the President-elect as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code.
“(B) Activities under this paragraph shall be conducted primarily for individuals the President-elect or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies (as defined in section 105 of title 5, United States Code).
“(9)
(A) Notwithstanding subsection (b), development of a transition directory by the Administrator of General Services Administration, in consultation with the Archivist of the United States (head of the National Archives and Records Administration) for activities conducted under paragraph (8).
“(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency.
“(10) Notwithstanding subsection (b), consultation by the Administrator with any President-elect, Vice-President-elect, or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the President-elect and Vice President-elect.
“(b) The Administrator shall expend funds for the provision of services and facilities under this section—
“(1) in connection with any obligation incurred by the President-elect or Vice-President-elect, or after the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President incurred by the President or Vice President, during the period—
“(A) beginning on the day after the date of the general elections held to determine the electors of the President and Vice President under section 1 or 2 of title 3, United States Code; and
“(B) ending on the date that is 60 days after the date of such inauguration; and
“(2) without regard to whether the President-elect, Vice-President-elect, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period.
“(c) The terms ‘President-elect’ and ‘Vice-President-elect’ as used in this Act shall mean such persons as are the apparent successful candidates for the office of President and Vice President, respectively, as ascertained by the Administrator following the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.
“(d) Each President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152 [now section 3202 of title 39]. Each Vice-President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him under his written autograph signature in connection with his preparations for the assumption of official duties as Vice President.
“(e) Each President-elect and Vice-President-elect, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section.
“(f)
(1) The President-elect should submit to the Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004 [probably should be section 3001(c) of Pub. L. 108–458, 50 U.S.C. 3341(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, except for activities under subsection (a)(8)(A), 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.
“(h)
(1)
(A) In the case of an eligible candidate, the Administrator—
“(i) shall notify the candidate of the candidate’s right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and
“(ii) upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1).
The Administrator shall also notify the candidate that sections 7601(c) and 8403(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 [Pub. L. 108–458; 50 U.S.C. 3342 and 5 U.S.C. 1101 note] provide additional services.
“(B) The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate—
“(i) in the case of a candidate of a major party (as defined in section 9002(6) of the Internal Revenue Code of 1986 [26 U.S.C. 9002(6)]), on one of the first 3 business days following the last nominating convention for such major parties; and
“(ii) in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)).
“(C)
(i) The Administrator shall, not later than 12 months before the date of each general election for President and Vice-President (beginning with the election to be held in 2012), prepare a report summarizing modern presidential transition activities, including a bibliography of relevant resources.
“(ii) The Administrator shall promptly make the report under clause (i) generally available to the public (including through electronic means) and shall include such report with the notice provided to each eligible candidate under subparagraph (A)(i).
“(2)
(A) Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President.
“(B) The Administrator—
“(i) shall determine the location of any office space provided to an eligible candidate under this subsection;
“(ii) shall, as appropriate, ensure that any information technology or communications services provided to an eligible candidate under this subsection are secure;
“(iii) shall offer information and other assistance to eligible candidates on an equal basis and without regard to political affiliation; and
“(iv) may modify the scope of any services to be provided under this subsection to reflect that the services are provided to eligible candidates rather than the President-elect or Vice-President-elect, except that any such modification must apply to all eligible candidates.
“(C) An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidate’s campaign shall reimburse the Administrator for any unauthorized use of such services or facilities.
“(D) An eligible candidate shall have a right to the services and facilities described in this paragraph until the date on which the Administrator is able to determine the apparent successful candidates for the office of President and Vice President.
“(3)
(A) Notwithstanding any other provision of law, an eligible candidate may establish a separate fund for the payment of expenditures in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President, including expenditures in connection with any services or facilities provided under this subsection (whether before such services or facilities are available under this section or to supplement such services or facilities when so provided). Such fund shall be established and maintained in such manner as to qualify such fund for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(4)].
“(B)
(i) The eligible candidate may—
“(I) transfer to any separate fund established under subparagraph (A) contributions (within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)) [now 52 U.S.C. 30101(8)]) the candidate received for the general election for President or Vice-President or payments from the Presidential Election Campaign Fund under chapter 95 of the Internal Revenue Code of 1986 [26 U.S.C. 9001 et seq.] the candidate received for the general election; and
“(II) solicit and accept amounts for receipt by such separate fund.
“(ii) Any expenditures from the separate fund that are made from such contributions or payments described in clause (i)(I) shall be treated as expenditures (within the meaning of section 301(9) of such Act (2 U.S.C. 431(9)) [now 52 U.S.C. 30101(9)]) or qualified campaign expenses (within the meaning of section 9002(11) of such Code [26 U.S.C. 9002(11)]), whichever is applicable.
“(iii) An eligible candidate establishing a separate fund under subparagraph (A) shall (as a condition for receiving services and facilities described in paragraph (2)) comply with all requirements and limitations of section 6 in soliciting or expending amounts in the same manner as the President-elect or Vice-President-elect, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 6.
“(4)
(A) In this subsection, the term ‘eligible candidate’ means, with respect to any presidential election (as defined in section 9002(10) of the Internal Revenue Code of 1986 [26 U.S.C. 9002(10)])—
“(i) a candidate of a major party (as defined in section 9002(6) of such Code [26 U.S.C. 9002(6)]) for President or Vice-President of the United States; and
“(ii) any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices.
“(B) In making a determination under subparagraph (A)(ii), the Administrator shall—
“(i) ensure that any candidate determined to be an eligible candidate under such subparagraph—
“(I) meets the requirements described in Article II, Section 1, of the United States Constitution for eligibility to the office of President;
“(II) has qualified to have his or her name appear on the ballots of a sufficient number of States such that the total number of electors appointed in those States is greater than 50 percent of the total number of electors appointed in all of the States; and
“(III) has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principal contenders for President or Vice-President of the United States; and
“(ii) consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices.
“(i) Memorandums of Understanding.—
“(1) In general.—
Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a).
“(2) Existing resources.—
To the maximum extent practicable, a memorandum of understanding entered into under paragraph (1) shall be based on memorandums of understanding relating to previous Presidential transitions.
“(3) Transition representative.—
“(A) Designation of representative for inquiries.—
Each memorandum of understanding entered into under this subsection shall designate a representative of the eligible candidate to whom the Administrator shall direct any inquiries or legal instruments regarding the records of the eligible candidate that are in the custody of the Administrator.
“(B) Change in transition representative.—
The designation of a new individual as the transition representative of an eligible candidate shall not require the execution of a new memorandum of understanding under this subsection.
“(C) Termination of designation.—
The designation of a transition representative under a memorandum of understanding shall terminate—
“(i) not later than September 30 of the year during which the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President occurs; or
“(ii) before the date described in clause (i), upon request of the President-elect or the Vice-President-elect or, after such inauguration, upon request of the President or the Vice President.
“(4) Amendments.—
Any amendment to a memorandum of understanding entered into under this subsection shall be agreed to in writing.
“(5) Prior notification of deviation.—
Each party to a memorandum of understanding entered into under this subsection shall provide written notice, except to the extent prohibited under another provision of law, not later than 3 days before taking any action that deviates from the terms and conditions agreed to in the memorandum of understanding.
“(6) Definition.—
In this subsection, the term ‘eligible candidate’ has the meaning given that term in subsection (h)(4).
“SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.
“(a) Definitions.—
In this section—
“(1) the term ‘Administrator’ means the Administrator of General Services;
“(2) the term ‘agency’ means an Executive agency, as defined in section 105 of title 5, United States Code;
“(3) the term ‘eligible candidate’ has the meaning given that term in section 3(h)(4);
“(4) the term ‘nonpublic information’—
“(A) means information from the Federal Government that a member of a transition team obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public; and
“(B) includes information that a member of the transition team knows or reasonably should know—
“(i) is exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by law; and
“(ii) is not authorized by the appropriate government agency or officials to be released to the public; and
“(5) the term ‘Presidential election’ means a general election held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code.
“(b) General Duties.—
The President shall take such actions as the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including by—
“(1) establishing and operating a White House transition coordinating council in accordance with subsection (d); and
“(2) establishing and operating an agency transition directors council in accordance with subsection (e).
“(c) Federal Transition Coordinator.—
The Administrator shall designate an employee of the General Services Administration who is a senior career appointee to—
“(1) carry out the duties and authorities of the General Services Administration relating to Presidential transitions under this Act or any other provision of law;
“(2) serve as the Federal Transition Coordinator with responsibility for coordinating transition planning across agencies, including through the agency transition directors council established under subsection (e);
“(3) ensure agencies comply with all statutory requirements relating to transition planning and reporting; and
“(4) act as a liaison to eligible candidates.
“(d) White House Transition Coordinating Council.—
“(1) Establishment.—
Not later than 6 months before the date of a Presidential election, the President shall establish a White House transition coordinating council for purposes of facilitating the Presidential transition.
“(2) Duties.—
The White House transition coordinating council shall—
“(A) provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials;
“(B) facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the Executive Office of the President; and
“(C) prepare and host interagency emergency preparedness and response exercises.
“(3) Membership.—
The members of the White House transition coordinating council shall include—
“(A) senior employees of the Executive branch selected by the President, which may include the Chief of Staff to the President, any Cabinet officer, the Director of the Office of Management and Budget, the Administrator, the Director of the Office of Personnel Management, the Director of the Office of Government Ethics, and the Archivist of the United States;
“(B) the Federal Transition Coordinator;
“(C) the transition representative for each eligible candidate, who shall serve in an advisory capacity; and
“(D) any other individual the President determines appropriate.
“(4) Chairperson.—
The Chairperson of the White House transition coordinating council shall be a senior employee in the Executive Office of the President, designated by the President.
“(e) Agency Transition Directors Council.—
“(1) In general.—
The President shall establish and operate an agency transition directors council, which shall—
“(A) ensure the Federal Government has an integrated strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of noncareer appointees;
“(B) coordinate transition activities between the Executive Office of the President, agencies, and the transition team of eligible candidates and the President-elect and Vice-President-elect; and
“(C) draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties.
“(2) Duties.—
As part of carrying out the responsibilities under paragraph (1), the agency transition directors council shall—
“(A) assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal Transition Coordinator relating to a Presidential transition;
“(B) provide guidance to agencies in gathering briefing materials and information relating to the Presidential transition that may be requested by eligible candidates;
“(C) ensure materials and information described in subparagraph (B) are prepared not later than November 1 of a year during which a Presidential election is held;
“(D) ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection (f) during a Presidential transition; and
“(E) consult with the President’s Management Council, or any successor thereto, in carrying out the duties of the agency transition directors council.
“(3) Membership.—
The members of the agency transition directors council shall include—
“(A) the Federal Transition Coordinator and the Deputy Director for Management of the Office of Management and Budget, who shall serve as Co-Chairpersons of the agency transition directors council;
“(B) other senior employees serving in the Executive Office of the President, as determined by the President;
“(C) a senior representative serving in a career position from each agency described in section 901(b)(1) of title 31, United States Code, the Office of Personnel Management, the Office of Government Ethics, and the National Archives and Records Administration whose responsibilities include leading Presidential transition efforts within the agency;
“(D) a senior representative serving in a career position from any other agency determined by the Co-Chairpersons to be an agency that has significant responsibilities relating to the Presidential transition process; and
“(E) during a year during which a Presidential election will be held, a transition representative for each eligible candidate, who shall serve in an advisory capacity.
“(4) Meetings.—
The agency transition directors council shall meet—
“(A) subject to subparagraph (B), not less than once per year; and
“(B) during the period beginning on the date that is 6 months before a Presidential election and ending on the date on which the President-elect is inaugurated, on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council.
“(f) Interim Agency Leadership for Transitions.—
“(1) Oversight and implementation of transition.—
Not later than 6 months before the date of a Presidential election, the head of each agency shall designate a senior career employee of the agency and a senior career employee of each major component and subcomponent of the agency to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition.
“(2) Acting officers.—
Not later than September 15 of a year during which a Presidential election occurs, and in accordance with subchapter III of chapter 33 of title 5, United States Code, the head of each agency shall ensure that a succession plan is in place for each senior noncareer position in the agency.
“(g) Memorandums of Understanding.—
“(1) In general.—
Not later than October 1 of a year during which a Presidential election occurs, the President (acting through the Federal Transition Coordinator) shall, to the maximum extent practicable, negotiate a memorandum of understanding with the transition representative of each eligible candidate, which shall include, at a minimum, the conditions of access to employees, facilities, and documents of agencies by transition staff.
“(2) Existing resources.—
To the maximum extent practicable, the memorandums of understanding negotiated under paragraph (1) shall be based on memorandums of understanding from previous Presidential transitions.
“(3) Ethics plan.—
“(A) In general.—
Each memorandum of understanding under paragraph (1) shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the President-elect.
“(B) Contents.—
The ethics plan shall include, at a minimum—
“(i) a description of the ethics requirements that will apply to all members of the transition team, including any specific requirement for transition team members who will have access to nonpublic or classified information;
“(ii) a description of how the transition team will—
“(I) address the role on the transition team of—
“(aa) lobbyists registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were former lobbyists registered under that Act; and
“(bb) persons registered under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), foreign nationals, and other foreign agents;
“(II) prohibit a transition team member with conflicts of interest similar to those applicable to Federal employees under section 2635.402(a) and section 2635.502(a) of title 5, Code of Federal Regulations, related to current or former employment, affiliations, clients, or investments, from working on particular matters involving specific parties that affect the interests of such member; and
“(III) address how the covered eligible candidate will address his or her own conflicts of interest during a Presidential term if the covered eligible candidate becomes the President-elect;
“(iii) a Code of Ethical Conduct, which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to—
“(I) seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information;
“(II) keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and
“(III) not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and
“(iv) a description of how the transition team will enforce the Code of Ethical Conduct, including the names of the members of the transition team responsible for enforcement, oversight, and compliance.
“(C) Publicly available.—
The transition team shall make the ethics plan described in this paragraph publicly available on the internet website of the General Services
“Administration the earlier of—
“(i) the day on which the memorandum of understanding is completed; or
“(ii) October 1.
“(h) Equity in Assistance.—
Any information or other assistance provided to eligible candidates under this section shall be offered on an equal basis and without regard to political affiliation.
“(i) Reports.—
“(1) In general.—
The President, acting through the Federal Transition Coordinator, shall submit to the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate reports describing the activities undertaken by the President and agencies to prepare for the transfer of power to a new President.
“(2) Timing.—
The reports under paragraph (1) shall be provided 6 months and 3 months before the date of a Presidential election.
“services and facilities authorized to be provided to former presidents and former vice presidents
“Sec. 5. 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. 6.
(a)
(1) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 7(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 7(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 7(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. 7.
(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 5, 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, § 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 section 3342 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, § 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, § 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]
heading: Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable
text: 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 a paragraph under the headings “EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT” and “Compensation of the President” in the Executive Office of the President Appropriations Act, 2006, Pub. L. 109–115, div. A, title V, Nov. 30, 2005, 119 Stat. 2472, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriation acts:
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, § 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, § 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, § 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, § 101(m) [title III], Dec. 22, 1987, 101 Stat. 1329–390, 1329–398.
Pub. L. 99–500, § 101(m) [title III], Oct. 18, 1986, 100 Stat. 1783–308, 1783–315, and Pub. L. 99–591, § 101(m) [title III, § 301], Oct. 30, 1986, 100 Stat. 3341–308, 3341–315.
Pub. L. 99–190, § 101(h) [H.R. 3036, title III], Dec. 19, 1985, 99 Stat. 1291.
Pub. L. 98–473, § 101(j) [H.R. 5798, title III], Oct. 12, 1984, 98 Stat. 1963.
Pub. L. 98–151, § 101(f) [H.R. 4139, title III], Nov. 14, 1983, 97 Stat. 973.
Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.
Pub. L. 97–92, § 101(a) [H.R. 4121, title III], Dec. 15, 1981, 95 Stat. 1183.
Pub. L. 96–536, § 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.
heading: Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widow’s Allowance, Termination; “Former President” Defined
text: Pub. L. 85–745, Aug. 25, 1958, 72 Stat. 838, as amended by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88–426, title I, § 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 90–206, title II, § 224(c), Dec. 16, 1967, 81 Stat. 642; Pub. L. 91–231, § 7, Apr. 15, 1970, 84 Stat. 198; Pub. L. 91–658, § 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95–138, § 1, Oct. 18, 1977, 91 Stat. 1170; Pub. L. 103–123, title IV, § 6(a), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 103–329, title V, § 531, Sept. 30, 1994, 108 Stat. 2413; Pub. L. 104–52, title V, § 523, Nov. 19, 1995, 109 Stat. 495; Pub. L. 105–61, title IV, § 409(a), Oct. 10, 1997, 111 Stat. 1299; Pub. L. 108–447, div. H, title V, § 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, § 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, § 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.]