[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 273 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 273

 To amend Public Law 85-745 to provide that a former President may not 
 receive a monetary allowance thereunder except upon waiving the right 
          to receive any other Government annuity or pension.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Jacobs introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
 To amend Public Law 85-745 to provide that a former President may not 
 receive a monetary allowance thereunder except upon waiving the right 
          to receive any other Government annuity or pension.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MONETARY ALLOWANCES FOR FORMER PRESIDENTS.

    (a) In General.--Subsection (a) of the first section of Public Law 
85-745 (3 U.S.C. 102 note) is amended to read as follows:
    ``(a)(1) Each former President shall be entitled for the remainder 
of that individual's life to receive from the United States a monetary 
allowance, payable monthly by the Secretary of the Treasury, at a rate 
equal to the 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, but only if, not later than the 30th day after the 
date as of which that individual's Presidential service terminates, 
such individual waives the right to any other annuity or pension to 
which such individual is then (or might otherwise subsequently become) 
entitled under any other Act of Congress, except as provided in 
paragraph (3). The amount of any monetary allowance payable under this 
subsection to a former President for the 12-month period following the 
termination of such individual's Presidential service shall be reduced 
by the amount of any other such annuity or pension paid to the former 
President (before the waiver executed under the preceding sentence with 
respect to such annuity or pension becomes effective, and excluding any 
benefits referred to in paragraph (3)) for any portion of that period.
    ``(2) The monetary allowance referred to in paragraph (1) shall not 
be paid for any period during which the 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.
    ``(3) A waiver under paragraph (1) shall not affect a right to 
receive benefits under title XVIII of the Social Security Act.''.
    (b) Refunds.--Public Law 85-745 (3 U.S.C. 102 note) is amended by 
redesignating subsection (f) and any references thereto as subsection 
(g), and by adding after subsection (e) the following:
    ``(f)(1) When a President or former President waives that 
individual's entitlement to an annuity or pension under subsection 
(a)(1), there shall be refunded to such individual (or, if applicable, 
to the appropriate individual specified under paragraph (2)) upon 
proper application the amount of such individual's contribution, except 
employment taxes, toward the annuity or pension less any amount 
previously refunded or paid as an annuity benefit or pension. A refund 
under this subsection shall be made with interest at the rate and for 
the period provided under the statute, regulation, or agreement under 
which the annuity or pension would have been payable.
    ``(2) If a President or former President who has elected to waive 
the entitlement to an annuity or pension under subsection (a)(1) dies 
before the refund described by paragraph (1) is made, the refund shall 
be made to--
            ``(A) the beneficiary designated to receive refunds by or 
        under the statute, regulation, or agreement under which the 
        annuity or pension would have been payable; or
            ``(B) if no beneficiary is designated, to those individuals 
        (in order of preference) designated in such circumstances to be 
        paid the refund under such applicable statute, regulation, or 
        agreement.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall be applicable only with 
respect to individuals whose service in the office of President 
terminates after the date of the enactment of this Act.
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