Presidential Allowance Modernization Act of 2021
This bill revises the compensation provided to a President who leaves office after enactment of this bill or such a President's widow or widower.
Each such President, excluding a President removed from office through impeachment, shall receive (1) an annuity of $200,000 per year for the remainder of the President's life, and (2) a monetary allowance of $200,000 per year. Such allowance shall be reduced by the amount the President's earned income exceeds $400,000. These monetary amounts are subject to a cost-of-living increase.
The widow or widower of each such President shall be entitled to receive $100,000 per year, payable monthly, if such individual waives the right to each other annuity or pension to which the individual is entitled. This amount is subject to a cost-of-living increase.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4519 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4519
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Mr. Hice of Georgia (for himself and Mr. Khanna) introduced the
following bill; which was referred to the Committee on Oversight and
Reform, and in addition to the Committee on the Budget, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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.
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 2021''.
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:
``SEC. 1. FORMER PRESIDENTS LEAVING OFFICE BEFORE PRESIDENTIAL
ALLOWANCE MODERNIZATION ACT OF 2021.
``(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 2021.
``(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
``(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 2021; 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 2021;
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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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