[Congressional Record Volume 165, Number 163 (Wednesday, October 16, 2019)]
[House]
[Pages H8167-H8169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 2019

  Mr. ROUDA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1496) to amend the Act of August 25, 1958, commonly known as the 
``Former Presidents Act of 1958'', with respect to the monetary 
allowance payable to a former President, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1496

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Presidential Allowance 
     Modernization Act of 2019''.

     SEC. 2. AMENDMENTS.

       (a) In General.--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--
       (1) by striking ``That (a) each'' and inserting the 
     following:

     ``SECTION 1. FORMER PRESIDENTS LEAVING OFFICE BEFORE 
                   PRESIDENTIAL ALLOWANCE MODERNIZATION ACT OF 
                   2019.

       ``(a) Each'';
       (2) by redesignating subsection (g) as section 3 and 
     adjusting the margin accordingly; and
       (3) by inserting after section 1, as so designated, the 
     following:

     ``SEC. 2. FORMER PRESIDENTS LEAVING OFFICE AFTER PRESIDENTIAL 
                   ALLOWANCE MODERNIZATION ACT OF 2019.

       ``(a) Annuities and Allowances.--
       ``(1) Annuity.--Each modern former President shall be 
     entitled for the remainder of his or her life to receive from 
     the United States an annuity at the rate of $200,000 per 
     year, subject to subsections (b)(2) and (c), to be paid by 
     the Secretary of the Treasury.
       ``(2) Allowance.--The Administrator of General Services is 
     authorized to provide each modern former President a monetary 
     allowance at the rate of $200,000 per year, subject to the 
     availability of appropriations and subsections (b)(2), (c), 
     and (d).
       ``(b) Duration; Frequency.--
       ``(1) In general.--The annuity and allowance under 
     subsection (a) shall each--
       ``(A) commence on the day after the date on which an 
     individual becomes a modern former President;
       ``(B) terminate on the date on which the modern former 
     President dies; and
       ``(C) be payable on a monthly basis.
       ``(2) Appointive or elective positions.--The annuity and 
     allowance under subsection (a) shall not be payable for any 
     period during which a modern 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 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 modern 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 such 12-month period, 
     exceeds (if at all)
       ``(ii) the applicable reduction amount for such 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 
     modern former President and in connection with any 12-month 
     period, the amount by which--
       ``(i) the sum of--

       ``(I) the adjusted gross income (as defined in section 62 
     of the Internal Revenue Code of 1986) of the modern former 
     President for the most recent taxable year for which a tax 
     return is available; and

[[Page H8168]]

       ``(II) any interest excluded from the gross income of the 
     modern former President under section 103 of such Code for 
     such taxable year, exceeds (if at all)

       ``(ii) $400,000, subject to subparagraph (C).
       ``(B) Joint returns.--In the case of a joint return, 
     subclauses (I) and (II) of subparagraph (A)(i) shall be 
     applied by taking into account both the amounts properly 
     allocable to the modern former President and the amounts 
     properly allocable to the spouse of the modern 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 modern 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 modern former President may not 
     receive a monetary allowance under subsection (a)(2) unless 
     the modern former President discloses to the Secretary, upon 
     the request of the Secretary, any return or return 
     information of the modern former President or spouse of the 
     modern 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 modern 
     former President under subsection (a)(2) for any 12-month 
     period but for the limitation under paragraph (1)(A) 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 allowance that is 
     needed to pay the increased cost of doing business that is 
     attributable to the security needs of the modern former 
     President.
       ``(e) Widows and Widowers.--The widow or widower of each 
     modern former President shall be entitled to receive from the 
     United States a monetary allowance at a rate of $100,000 per 
     year (subject to paragraph (4)), payable monthly by the 
     Secretary of the Treasury, if such widow or widower shall 
     waive the right to each other annuity or pension to which she 
     or he is entitled under any other Act of Congress. The 
     monetary allowance of such widow or widower--
       ``(1) commences on the day after the modern former 
     President dies;
       ``(2) terminates on the last day of the month before such 
     widow or widower dies;
       ``(3) is not payable for any period during which such widow 
     or widower holds an appointive or elective office or position 
     in or under the Federal Government to which is attached a 
     rate of pay other than a nominal rate; and
       ``(4) shall, after its commencement date, be increased at 
     the same time that, and by the same percentage by which, 
     annuities of modern former Presidents are increased under 
     subsection (c).
       ``(f) Definition.--In this section, the term `modern 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--
       ``(A) other than by removal pursuant to section 4 of 
     article II of the Constitution of the United States of 
     America; and
       ``(B) after the date of enactment of the Presidential 
     Allowance Modernization Act of 2019; and
       ``(3) who does not then currently hold such office.''.
       (b) Technical and Conforming Amendments.--The Former 
     Presidents Act of 1958 is amended--
       (1) in section 1(f)(2), as designated by this section--
       (A) by striking ``terminated other than'' and inserting the 
     following: ``terminated--
       ``(A) other than''; and
       (B) by adding at the end the following:
       ``(B) on or before the date of enactment of the 
     Presidential Allowance Modernization Act of 2019; and''; and
       (2) in section 3, as redesignated by this section--
       (A) by inserting after the section enumerator the 
     following: ``authorization of appropriations.''; and
       (B) by inserting ``or modern former President'' after 
     ``former President'' each place that term appears.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act or an amendment made by this Act shall 
     be construed to affect--
       (1) any provision of law relating to the security or 
     protection of a former President or modern former President, 
     or a member of the family of a former President or modern 
     former President; or
       (2) funding, under the Former Presidents Act of 1958 or any 
     other law, to carry out any provision of law described in 
     paragraph (1).

     SEC. 4. APPLICABILITY.

       Section 2 of the Former Presidents Act of 1958, as added by 
     section 2(a)(3) of this Act, shall not apply to--
       (1) any individual who is a former President on the date of 
     enactment of this Act; or
       (2) the widow or widower of an individual described in 
     paragraph (1).

     SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Rouda) and the gentleman from Arizona (Mr. Gosar) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ROUDA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROUDA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1496 would amend the former President's Act of 1958 
to cap a former President's annual pension at $200,000, indexed to 
inflation. The bill also would provide an additional annual allowance 
for expenses that would start at $200,000.
  Under this bill, the annual allowance would be reduced dollar for 
dollar in instances in which a former President's adjusted gross income 
in a taxable year exceeds $400,000.
  Taxpayers should not have to pay for a former President's allowance 
if the former President is making a comfortable living earning millions 
of dollars a year, as many former Presidents do.
  This legislation would not affect any funding for the security and 
protection of former Presidents and their spouses. This legislation 
would update the pension amount for surviving spouses of former 
Presidents, which has been unchanged since 1958, by increasing it from 
$20,000 to $100,000.
  Mr. Speaker, I believe this bill makes fiscal sense and urge Members 
to support it, and I reserve the balance of my time.

                              {time}  1500

  Mr. GOSAR. Mr. Speaker, I yield 4 minutes to the gentleman from 
Georgia (Mr. Hice).
  Mr. HICE of Georgia. Mr. Speaker, I thank my friend from Arizona for 
yielding.
  I rise in support of H.R. 1496, the Presidential Allowance 
Modernization Act of 2019.
  As has already been mentioned, in 1958, Congress passed the Former 
Presidents Act, and that was at a time period where Presidents did not 
have the same financial opportunities that they have today.
  Recent former Presidents have earned millions of dollars after 
leaving office from speaking fees, book deals, and other endeavors. For 
example, President Clinton earned more than $100 million in speaking 
fees between 2001 and 2013. President George W. Bush received $10 
million for a book deal. President Obama and the former First Lady 
reportedly signed a joint book deal worth over $65 million.
  It is just a fact of the modern Presidency that these financial 
opportunities are now available to former Presidents.
  Given these financial benefits, it is no longer necessary to provide 
the level of taxpayer-funded support that was envisioned back in 1958.
  So, H.R. 1496 is an important step to saving taxpayer dollars by 
amending the law to reflect the financial realities of the modern 
Presidency.
  This bill reforms the pension amount for former Presidents and 
surviving spouses. This bill also changes the amount and the way that 
additional benefits to former Presidents are allotted. Currently, 
former Presidents are

[[Page H8169]]

eligible for benefits paid through annual appropriations for things 
like office space and leases, furniture and supplies, staff salaries, 
and so forth.
  This bill would cut the allowance for those type of expenses to 
$200,000 to each former President. This allowance will further be 
reduced, dollar for dollar, based on the former President's income over 
$400,000.
  So, in this era of massive Federal deficits, I believe it is 
important that our former Presidents lead the Nation by example in 
cutting unnecessary spending.
  I want to, again, assure my colleagues that this bill does not affect 
security in any way.
  I want to thank Senator Ernst for a companion bill in the Senate and, 
also, Chairman Cummings and my colleagues on the other side for 
supporting this bill.
  Mr. GOSAR. Mr. Speaker, I yield back the balance of my time.
  Mr. ROUDA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Rouda) that the House suspend the rules 
and pass the bill, H.R. 1496, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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