[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[House]
[Pages 11839-11841]
[From the U.S. Government Publishing Office, www.gpo.gov]




              FORMER VICE PRESIDENT PROTECTION ACT OF 2008

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 5938) to amend title 18, United States 
Code, to provide secret service protection to former Vice Presidents, 
and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5938

       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 referred to as the ``Former Vice President 
     Protection Act of 2008''.

     SEC. 2. SECRET SERVICE PROTECTION FOR FORMER VICE PRESIDENTS 
                   AND THEIR FAMILIES.

       Section 3056(a) of title 18, United States Code, is 
     amended--
       (1) by inserting immediately after paragraph (7) the 
     following:
       ``(8) Former Vice Presidents, their spouses, and their 
     children who are under 16 years of age, for a period of not 
     more than six months

[[Page 11840]]

     after the date the former Vice President leaves office. The 
     Secretary of Homeland Security shall have the authority to 
     direct the Secret Service to provide temporary protection for 
     any of these individuals at any time thereafter if the 
     Secretary of Homeland Security or designee determines that 
     information or conditions warrant such protection.''; and
       (2) in the sentence immediately preceding subsection (b) of 
     section 3056, by striking ``(7)'' and inserting ``(8)''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall apply with respect to 
     any Vice President holding office on or after the date of 
     enactment of the Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 5938, the Former Vice 
President Protection Act of 2008, a much-needed permanent solution that 
would authorize protection for our former Vice Presidents and their 
families.
  As you no doubt know, the President of the United States, along with 
his or her spouse and children, are provided continued protection by 
the United States Secret Service after the President leaves office, but 
the law does not provide such protection for a former Vice President 
and his or her family. Rather, Congress has, on an intermittent basis, 
authorized such protection for limited periods of time.
  In the near future, Congress will again be faced with this issue. In 
January, Vice President Cheney will be leaving office, and we will 
presumably decide to provide continued Secret Service protection for 
him and his family, as has been done for every Vice President in recent 
decades. But this ad hoc process is inefficient, and the legislation 
before us replaces it with a permanent fix to current law. 
Specifically, it provides for Secret Service protection to a former 
Vice President, including his or her spouse and children under 16 years 
of age, for 6 months, and it permits this period to be extended if 
information or conditions so warrant.
  I would urge my colleagues to support this important legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I join my colleagues in strong support of H.R. 5938, the 
Former Vice President Protection Act of 2008.
  The Secret Service must be authorized by law or the President to 
provide protection. Federal law provides Secret Service protection to 
sitting Presidents and Vice Presidents, former Presidents, their 
spouses and children, visiting heads of state, Presidential candidates, 
and other dignitaries. However, the statute does not include former 
Vice Presidents.
  For the past 30 years, it has been common practice for former Vice 
Presidents to receive protection on a temporary basis via a joint 
resolution of Congress or Presidential memorandum. This temporary 
protection typically continues for 6 months after the Vice President 
leaves office. When necessary, Congress or the President has extended 
this protection for an additional 6 months.
  H.R. 5938, the Former Vice President Protection Act, makes this 
routine practice a permanent authority of the Secret Service. H.R. 5938 
amends title 18 to provide statutory protection of former Vice 
Presidents, their spouses and their children under the age of 16 for 
the initial 6 months after leaving office. The bill also provides the 
Secret Service with the authority to reevaluate the need for continued 
protection in 6-month increments.
  The permanent authority granted by H.R. 5938 will improve the Secret 
Service's ability to prepare for the protection of Vice Presidents 
after they leave office. Preparation for such security takes time and 
can often overlap administrations. Permanent authority will allow for 
the development of long-term protection plans.
  The upcoming change of administrations, not to mention the current 
threat level, makes permanent statutory authority for the Secret 
Service to provide such protections even more timely.
  I urge my colleagues to support this bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 5938, the ``Former Vice President Protection Act of 2008.'' I 
would like to thank the Chair of the Judiciary Committee, Congressman 
Conyers, for introducing this bill and for providing leadership on this 
important issue.
  The former vice presidents of the United States have brought to that 
office significant public service experience, including as members of 
Congress or state governors. Some came to their role as president of 
the Senate already familiar with the body, having served as U.S. 
Senators. Several vice presidents later returned to serve again in the 
Senate, among them former President Andrew Johnson. Two vice 
presidents, George Clinton and John C. Calhoun, held the office under 
two different presidents.
  Of the fourteen vice presidents who fulfilled their ambition by 
achieving the presidency, eight succeeded to the office on the death of 
a president, and four of these were later elected president. Two vice 
presidents, Hannibal Hamlin and Henry Wallace, were dropped from the 
ticket after their first term, only to see their successors become 
president months after taking office, when the assassination of Abraham 
Lincoln made Andrew Johnson president and the death of Franklin D. 
Roosevelt raised Harry Truman to the presidency. Similarly, when Spiro 
Agnew resigned, he was replaced under the Twenty-fifth Amendment by 
Gerald R. Ford, who became president when Richard M. Nixon resigned 
less than a year later.
  The vice-presidency was generally held by men of mature years, with 
most of them in their fifties or sixties when they took office. The 
youngest, John C. Breckinridge of Kentucky, was thirty-six at the 
beginning of his term. At seventy-two, Alben Barkley, another 
Kentuckian, was the oldest when his term began.
  Because I recognize the importance of the vice-presidency and the 
pivotal role it plays in American politics, I believe that tribute, 
respect, honor, and protection should be afforded to the person, and 
the family, that has obtained this position. I am proud to support this 
legislation.
  Specifically, Title 18 U.S.C. provides former Presidents and their 
spouses protection by the United States Secret Service after leaving 
office but provides no such protection for former Vice Presidents and 
their families. H.R. 5938, authorizes the United States Secret Service 
to protect the former Vice President of the United States, his/her 
spouse, and his/her children under the age of 17 for not more than six 
months after the Vice President leaves office. The bill would also 
allow protection to continue should circumstances warrant extension.
  After the assassination of President William McKinley in 1901, 
Congress informally requested Secret Service presidential protection. A 
year later, the Secret Service assumed full-time responsibility for 
protection of the President. Today, the secret service, which is under 
the Department of Homeland Security, is tasked with protecting the 
President of the United States and spouse and children under 17 years 
old for up to ten years after serving in office. The Secret Service 
also provides protection for widow(er) of the President and it provides 
protection for foreign heads of state and accompanying spouse when they 
visit the United States.
  To date, four presidents have been assassinated, and there have been 
approximately twelve other assassination attempts on U.S. presidents. 
Under current law, because of the prestige of the office of President, 
current and former Presidents are protected by the secret service. 
Former Vice Presidents have not received any protection from the secret 
service after the vice president's term in office had expired. This 
legislation would ensure that Vice Presidents get protection for as 
long as necessary. Thus, the legislation ensures the safety and well-
being of the Vice-President, spouse, and children under 17 years of 
age. This bill recognizes the important role of the office of Vice 
President. It is a powerful role

[[Page 11841]]

with important responsibilities. This bill makes an important statement 
regarding our appreciation, commitment, and respect to the second most 
powerful position in this, our great country.
  I think this bill makes sense. It is reasonable in its scope and its 
terms. I am proud to support this bill and I urge my colleagues to do 
likewise.
  Mr. KING of Iowa. Mr. Speaker, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I urge adoption of H.R. 
5938 and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the bill, H.R. 5938.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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