House Report 110-696 - FORMER VICE PRESIDENT PROTECTION ACT OF 2008

[House Report 110-696]
[From the U.S. Government Publishing Office]

110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-696

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FORMER VICE PRESIDENT PROTECTION ACT OF 2008

_______

June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Conyers, from the Committee on the Judiciary, submitted the
following

R E P O R T

[To accompany H.R. 5938]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred 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, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.

CONTENTS

Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6

Purpose and Summary

H.R. 5938, the ``Former Vice President Protection Act,''
would amend title 18 of the United States Code to authorize the
United States Secret Service to provide temporary protection
for a former Vice President of the United States, including his
or her spouse and children under the age of 16 years. The
protection would last for up to 6 months after the Vice
President leaves office, with the Secretary of Homeland
Security (or designee of the Secretary) authorized to extend
the protection should the Secretary determine an extension to
be warranted by information or conditions.

Background and Need for the Legislation

Section 3056(a) of title 18 of the United States Code
authorizes the United States Secret Service, under the
direction of the Secretary of Homeland Security, to protect the
President, the Vice President, the President-elect, and the
Vice President-elect, as well as their immediate families.\1\
Former Presidents are authorized to receive such protection for
their lifetimes.\2\
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\1\18 U.S.C. Sec. 3056(a)(1)-(2) (2007).
\2\18 U.S.C. Sec. 3056(a)(3) (2007).
---------------------------------------------------------------------------
The statute provides no such protection, however, for
former Vice Presidents and their families.\3\ In recent years,
a number of Vice Presidents have received Secret Service
protection, for various periods, under various forms of ad hoc
transitory authority--generally either by a public law passed
for the particular person, or by Executive Order or other
presidential directive. On at least one occasion, the authority
has been less than clear. See table provided by the Secret
Service, that follows.
---------------------------------------------------------------------------
\3\18 U.S.C. Sec. 3056(a) enumerates who the Secret Service is
authorized to protect; 18 U.S.C. authorizes the Secret Service to
investigate threats against protectees covered by Sec. 3056. Former
Vice Presidents are not included in the enumeration, nor are members of
their families.

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Dates of coverage after
Who received coverage? leaving Under what authority? Summary comment
----------------------------------------------------------------------------------------------------------------
Hubert H. Humphrey (not spouse 1/20/69 to 7/20/69 (6 Letter of January 27, Humphrey covered full 6
Muriel and not children Hubert, mos.). 1969 from Counsel to months, nothing for
Robert, Douglas or Nancy). the President spouse or children.
Ehrlichman to Director
USSS ``The President
has directed me to
request you to provide
former Vice President
Hubert H. Humphrey with
Secret Service
Protection until July
20, 1969.''.
Spiro T. Agnew (not spouse Elinor 10/10/73 to 2/17/74 (4.25 (No record of authority Agnew covered 4.25
and not children James, Pamela, mos). available). months, nothing for
Susan, or Kimberly). spouse or children.
[Note: Gerald R. Ford became not applicable........... Not applicable.......... Ford became President.
President].
Nelson Rockefeller............... 1/20/77 to 2/22/77 (1 Public Law 95-1: protect Rockefeller, spouse, and
spouse Margaretta................ mo.). former Vice President two children covered
child Nelson..................... 1/20/77 to 2/22/77 (1 and ``member of such for 1 month.
child Mark....................... mo.). official's immediate
1/20/77 to 2/22/77 (1 family'' who has been
mo.). receiving USSS
1/20/77 to 2/22/77 (1 protection. ``If the
mo.). President determines
that such person may
thereafter be in
significant danger''
and ``only for such
period as the President
determines and shall
not continue beyond
July 20, 1977''.
Walter Mondale................... 1/20/81 to 7/20/81 (6 Public Law 96-503: Mondale and spouse
spouse Joan (not children mos.). protection for former covered for 6 months,
Eleanor, Theodore, or William). 1/20/81 to 7/20/81 (6 Vice President or nothing for children.
mos.). spouse, ``if the
President determines
that such person may
thereafter be in
significant danger''
and ``only for such
period as the President
determines and shall
not continue beyond
July 20, 1981'' plus
President Carter
written determination
of 11/18/80.
[Note: George H.W. Bush became ....................... ...................... GHW Bush became
President]. President.
J. Danforth Quayle (not spouse 1/20/93 to 7/20/93 (6 Public Law 103-1: Quayle covered six
Marilyn and not children Tucker, mos.). protection for former months, spouse
Ben and Connie). Vice President or authority not used,
spouse, ``if the nothing for children.
President determines
that such person may
thereafter be in
significant danger''
and ``only for such
period as the President
determines and shall
not continue beyond
July 20, 1993'' plus
President GHW Bush
memorandum of January
15, 1993.
Albert Gore...................... 1/20/01 to 7/20/01 (6 President Clinton Gore and spouse covered
spouse Mary ``Tipper'' (not mos.). memorandum of January for 6 months, nothing
children Karenna, Kristin, 1/20/01 to 7/20/01 (6 19, 2001 directing 6 for children.
Sarah, or Al). mos.). months' USSS coverage
for Vice President and
Mrs. Gore.
----------------------------------------------------------------------------------------------------------------

H.R. 5938 addresses this shortcoming in current law by
amending section 3056(a) to authorize the United States Secret
Service, under the direction of the Secretary of Homeland
Security, to protect a former Vice President of the United
States, including his or her spouse and children under 16 years
of age, for up to 6 months after the Vice President leaves
office. In addition, the bill authorizes the Secretary of
Homeland Security (or designee of the Secretary) to extend such
protection by the United States Secret Service should the
Secretary determine that information or conditions warrant such
extension. This permanent statutory approach will more
efficiently and reliably meet the need for authorizing Secret
Service protection for former Vice Presidents and their
families.

Hearings

The Committee on the Judiciary held no hearings on H.R.
5938.

Committee Consideration

On May 13, 2008, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered the bill,
H.R. 5938, favorably reported by voice vote without amendment,
a quorum being present. On May 14, 2008, the Committee met in
open session and ordered the bill, H.R. 5938, favorably
reported without amendment by voice vote, a quorum being
present.

Committee Votes

In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 5938.

Committee Oversight Findings

In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.

New Budget Authority and Tax Expenditures

Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.

Congressional Budget Office Cost Estimate

In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5938, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, May 16, 2008.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5938, the ``Former
Vice President Protection Act of 2008.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.

H.R. 5938--Former Vice President Protection Act of 2008.

H.R. 5938 would provide permanent authority for the Secret
Service to protect former Vice Presidents, their spouses, and
their children under the age of 16 for a period of not more
than six months after the Vice President leaves office. The
Secret Service has protected former Vice Presidents and their
families, but authority to do so was provided by temporary
legislation or by executive order. The bill's provisions would
apply to Vice Presidents holding office on or after the date of
enactment.
Based on information provided by the Secret Service, CBO
estimates that implementing H.R. 5938 would cost about $4
million in fiscal year 2009, subject to the availability of
appropriated funds. If the next Vice President leaves office
after one term, then we estimate that the Secret Service would
spend about $4 million in fiscal year 2013 to protect the
outgoing Vice President and his or her family. Otherwise, costs
for the next Vice President would be incurred in 2017.
H.R. 5938 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.

Performance Goals and Objectives

The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
5938 will extend United States Secret Service protection to a
former Vice President of the United States, including his or
her spouse and children under 16 years of age, for 6 months
after the Vice President leaves service.

Constitutional Authority Statement

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, Section 8 of the Constitution.

Advisory on Earmarks

In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5938 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

Section-by-Section Analysis

The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. Section 1 sets forth the short
title of the bill as the Former Vice President Protection Act
of 2008.
Section 2. Secret Service Protection for Former Vice
Presidents and Their Families. Section 2 amends section 3056(a)
of title 18 of the United States Code to provide former Vice
Presidents, their spouses, and their children under the age of
16 years, protection by the United States Secret Service, under
the direction of the Secretary of Homeland Security, for up to
6 months after the former Vice President leaves office. In
addition, section 2 authorizes the Secretary of Homeland
Security to extend such protection if the Secretary determines
that information or conditions warrant such extension.
Section 3. Effective Date. Section 3 provides that the
amendments made by this Act apply to a Vice President holding
office on or after the date of the Act's enactment.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules
of the House of Representatives, changes in existing law made
by the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

SECTION 3056 OF TITLE 18, UNITED STATES CODE

Sec. 3056. Powers, authorities, and duties of United States Secret
Service

(a) Under the direction of the Secretary of Homeland
Security, the United States Secret Service is authorized to
protect the following persons:
(1) * * *

* * * * * * *

(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 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.
The protection authorized in paragraphs (2) through [(7)] (8)
may be declined.

* * * * * * *