[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3319-S3320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2400. Mrs. ERNST submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. PRESIDENTIAL ALLOWANCE MODERNIZATION.
(a) Short Title.--This section may be cited as the
``Presidential Allowance Modernization Act of 2018''.
(b) Amendments.--
(1) Former presidents.--The first section of the Act
entitled ``An Act to provide retirement, clerical assistants,
and free mailing privileges to former Presidents of the
United States, and for other purposes'', approved August 25,
1958 (commonly known as the ``Former Presidents Act of
1958'') (3 U.S.C. 102 note), is amended--
(A) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(B) by striking the matter preceding subsection (e) and
inserting the following:
``(a) Annuities and Allowances.--
``(1) Annuity.--Each former President shall be entitled to
receive from the United States an annuity, subject to
subsections (b) and (c)--
``(A) at the rate of $200,000 per year; and
``(B) which shall commence on the day after the date on
which an individual becomes a former President.
``(2) Allowance.--The General Services Administration is
authorized to provide each former President a monetary
allowance, subject to appropriations and subsections (b),
(c), and (d), at the rate of--
``(A) $500,000 per year for 5 years beginning on the day
after the last day of the period described in the first
sentence of section 5 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note);
``(B) $350,000 per year for the 5 years following the 5-
year period under subparagraph (A); and
``(C) $250,000 per year thereafter.
``(b) Duration; Frequency.--
``(1) In general.--The annuity and monetary allowance under
subsection (a) shall--
``(A) terminate on the date that is 30 days after the date
on which the former President dies; and
``(B) be payable by the Secretary of the Treasury on a
monthly basis.
``(2) Appointive or elective positions.--The annuity and
monetary allowance under subsection (a) shall not be payable
for any period during which a former President holds an
appointive or elective position in or under the Federal
Government to which is attached a rate of pay other than a
nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of
each year, each annuity and monetary allowance under
subsection (a) that commenced before that date shall be
increased by the same percentage by which benefit amounts
under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased, effective as of that date, as a result
of a determination under section 215(i) of that Act (42
U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may not
exceed the amount by which--
``(i) the monetary allowance that (but for this subsection)
would otherwise be so payable for the 12-month period,
exceeds (if at all)
``(ii) the applicable reduction amount for the 12-month
period; and
``(B) shall not be less than the amount determined under
paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable reduction amount' means, with respect to any
former President and in connection with any 12-month period,
the amount by which--
``(i) the earned income (as defined in section 32(c)(2) of
the Internal Revenue Code of 1986) of the former President
for the most recent taxable year for which a tax return is
available, exceeds (if at all)
``(ii) $400,000, subject to subparagraph (C).
``(B) Joint returns.--In the case of a joint return,
subparagraph (A)(i) shall be applied by taking into account
both the amounts properly allocable to the former President
and the amounts properly allocable to the spouse of the
former President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at the
same time that, and by the same percentage by which, the
monetary allowance of the former President is increased under
subsection (c) (disregarding this subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return information' have the
meanings given those terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the Secretary of the
Treasury or the Secretary of the Treasury's delegate.
``(B) Requirement.--A former President may not receive a
monetary allowance under subsection (a)(2) unless the former
President discloses to the Secretary, upon the request of the
Secretary, any return or return information of the former
President or spouse of the former President that the
Secretary determines is necessary for purposes of calculating
the applicable reduction amount under paragraph (2) of this
subsection.
``(C) Confidentiality.--Except as provided in section 6103
of the Internal Revenue Code of 1986 and notwithstanding any
other provision of law, the Secretary may not, with respect
to a return or return information disclosed to the Secretary
under subparagraph (B)--
``(i) disclose the return or return information to any
entity or person; or
``(ii) use the return or return information for any purpose
other than to calculate the applicable reduction amount under
paragraph (2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a former
President under subsection (a)(2) for any 12-month period but
for the limitation under paragraph (1) of this subsection,
the Administrator of General Services, in coordination with
the Director of the United States Secret Service, shall
determine the amount of the monetary allowance that is needed
to pay the increased cost of doing business that is
attributable to the security needs of the former
President.'';
(C) by inserting after subsection (e) the following:
``(f) Office Staff.--
``(1) In general.--The Administrator of General Services
shall, without regard to the civil service and classification
laws, provide for each former President an office staff of
not more than 13 individuals, at the request of the former
President, on a reimbursable basis.
``(2) Compensation.--The annual rate of compensation
payable to any individual under paragraph (1) shall not
exceed the highest annual rate of basic pay for positions at
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
``(3) Selection; responsibility.--An individual employed
under this subsection--
``(A) shall be selected by the former President; and
``(B) shall be responsible only to the former President for
the performance of duties.
``(g) Office Space and Related Furnishings and Equipment.--
``(1) Office space.--The Administrator of General Services
(referred to in this subsection as the `Administrator')
shall, at the request of a former President, on a
reimbursable basis provide for the former President suitable
office space, as determined by the Administrator, at a place
within the United States specified by the former President.
``(2) Furnishings and equipment.--
``(A) Reimbursable.--The Administrator may, at the request
of a former President, provide the former President with
suitable office furnishings and equipment on a reimbursable
basis.
``(B) Without reimbursement.--
``(i) Grandfathered former presidents.--In the case of any
individual who is a former President on the date of enactment
of the Presidential Allowance Modernization Act of 2018, the
former President may retain without reimbursement any
furniture and equipment in the possession of the former
President.
``(ii) Presidential transition act.--A former President may
retain without reimbursement any furniture or equipment
acquired under section 5 of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note).
``(iii) Excess furniture and equipment.--The Administrator
may provide excess furniture and equipment to the office of a
former President at no cost other than necessary
transportation costs.''; and
(D) by adding at the end the following:
[[Page S3320]]
``(j) Applicability.--Subsections (f), (g) (other than
paragraph (2)(B)(i) of that subsection), and (i) shall apply
with respect to a former President on and after the day after
the last day of the period described in the first sentence of
section 5 of the Presidential Transition Act of 1963 (3
U.S.C. 102 note).''.
(2) Surviving spouses of former presidents.--
(A) Increase in amount of monetary allowance.--Subsection
(e) of the first section of the Former Presidents Act of 1958
is amended--
(i) in the first sentence, by striking ``$20,000 per
annum,'' and inserting ``$100,000 per year (subject to
paragraph (4)),''; and
(ii) in the second sentence--
(I) in paragraph (2), by striking ``and'' at the end;
(II) in paragraph (3)--
(aa) by striking ``or the government of the District of
Columbia''; and
(bb) by striking the period and inserting ``; and''; and
(III) by inserting after paragraph (3) the following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(B) Coverage of widower of a former president.--Subsection
(e) of the first section of the Former Presidents Act of
1958, as amended by subparagraph (A), is amended--
(i) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(ii) by striking ``she'' and inserting ``she or he''.
(3) Subsection headings.--The first section of the Former
Presidents Act of 1958 is amended--
(A) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(B) in subsection (h) (as redesignated by paragraph
(1)(A)), by inserting after the subsection enumerator the
following: ``Definition.--''; and
(C) in subsection (i) (as redesignated by paragraph
(1)(A)), by inserting after the subsection enumerator the
following: ``Authorization of Appropriations.--''.
(4) Conforming amendments.--
(A) Title 5.--Subpart G of part III of title 5, United
States Code, is amended--
(i) in section 8101(1)(E), by striking ``1(b)'' and
inserting ``1(f)'';
(ii) in section 8331(1)(I), by striking ``1(b)'' and
inserting ``1(f)'';
(iii) in section 8701(a)(9), by striking ``1(b)'' and
inserting ``1(f)''; and
(iv) in section 8901(1)(H) by striking ``1(b)'' and
inserting ``1(f)''.
(B) Presidential transition act of 1963.--Section 5 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended by striking the last sentence.
(c) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of
a former President;
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1); or
(3) funding for any office space lease in effect on the day
before the date of enactment of this Act under subsection (c)
of the first section of the Former Presidents Act of 1958 (as
in effect on the day before the date of enactment of this
Act) until the expiration date contained in the lease, if the
lease was submitted to the Committee on Oversight and
Government Reform of the House of Representatives on April
12, 2017.
(d) Transition Rules.--
(1) Former presidents.--In the case of any individual who
is a former President on the date of enactment of this Act,
the amendments made by section subsection (b)(1) shall be
applied as if the commencement date referred in subsections
(a)(1)(B) and (a)(2)(A) of the first section of the Former
Presidents Act of 1958, as amended by subsection (b)(1),
coincided with the date that is 180 days after the date of
enactment of this Act.
(2) Widows.--In the case of any individual who is the widow
of a former President on the date of enactment of this Act,
the amendments made by subsection (a)(2)(A) shall be applied
as if the commencement date referred to in subsection (e)(1)
of the first section of the Former Presidents Act of 1958, as
amended by subsection (b)(2)(A), coincided with the date that
is 180 days after the date of enactment of this Act.
(e) Applicability.--For a former President receiving a
monetary allowance under the Former Presidents Act of 1958 on
the day before the date of enactment of this Act, the
limitation under subsection (d)(1) of the first section of
that Act, as amended by subsection (b)(1), shall apply to the
monetary allowance of the former President, except to the
extent that the application of the limitation would prevent
the former President from being able to pay the cost of a
lease or other contract that is in effect on the day before
the date of enactment of this Act and under which the former
President makes payments using the monetary allowance, as
determined by the Administrator of General Services.
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