[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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