[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 248 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 248
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.
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IN THE HOUSE OF REPRESENTATIVES
January 15, 2013
Mr. Chaffetz (for himself and Mr. Gowdy) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
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''.
SEC. 2. AMENDMENTS.
(a) Relating to a Former President.--The first section of 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 (3 U.S.C. 102 note), is
amended by striking the matter before subsection (e) and inserting the
following:
``(a) Each former President shall be entitled for the remainder of
his or her life to receive from the United States--
``(1) an annuity at the rate of $200,000 per year, subject
to subsection (c); and
``(2) a monetary allowance at the rate of $200,000 per
year, subject to subsections (c) and (d).
``(b)(1) The annuity and allowance under subsection (a) shall
each--
``(A) commence on the day after the individual becomes a
former President;
``(B) terminate on the last day of the month before the
former President dies; and
``(C) be payable by the Secretary of the Treasury on a
monthly basis.
``(2) The annuity and allowance under subsection (a) shall not be
payable for any period during which the former President holds an
appointive or elective position in or under the Federal Government or
the government of the District of Columbia to which is attached a rate
of pay other than a nominal rate.
``(c) Effective December 1 of each year, each annuity and allowance
under subsection (a) having a commencement date that precedes such
December 1 shall be increased by the same percentage as the percentage
by which benefit amounts under title II of the Social Security Act (42
U.S.C. 401 and following) are increased, effective as of such December
1, as a result of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
``(d)(1) Notwithstanding any other provision of this section, the
monetary allowance payable under subsection (a)(2) to a former
President for any 12-month period may not exceed the amount by which--
``(A) the monetary allowance which (but for this
subsection) would otherwise be so payable for such 12-month
period, exceeds (if at all)
``(B) the applicable reduction amount for such 12-month
period.
``(2)(A) For purposes of paragraph (1), the `applicable reduction
amount' is, with respect to any 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
by section 62 of the Internal Revenue Code of 1986) of the
former President for the last taxable year ending before the
start of such 12-month period, plus (II) any interest excluded
from the gross income of the former President under section 103
of such Code for such taxable year, exceeds (if at all)
``(ii) $400,000, subject to subparagraph (C).
``(B) 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 former President and the amounts
properly allocable to the spouse of the former President.
``(C) The dollar amount specified in subparagraph (A)(ii) shall be
adjusted at the same time that, and by the same percentage as the
percentage by which, the monetary allowance of the former President is
increased under subsection (c) (disregarding this subsection).''.
(b) Relating to the Surviving Spouse of a Former President.--
(1) Increase in amount of monetary allowance.--Subsection
(e) of the section amended by subsection (a) is amended--
(A) in the first sentence, by striking ``$20,000
per annum,'' and inserting ``$100,000 per year (subject
to paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period and inserting ``; and''; and
(iii) by adding after paragraph (3) the
following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage as the
percentage by which, annuities of former Presidents are
increased under subsection (c).''.
(2) Coverage of widower of a former president.--Such
subsection (e), as amended by paragraph (1), is further
amended--
(A) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or
he''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be considered to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of a
former President; or
(2) funding, under the law amended by this section or under
any other law, to carry out any provision of law described in
paragraph (1).
SEC. 4. EFFECTIVE DATE; TRANSITION RULES.
(a) Effective Date.--This Act shall take effect on the date of
enactment of this Act.
(b) Transition Rules.--
(1) Former presidents.--In the case of any individual who
is a former President on the date of enactment of this Act, the
amendment made by section 2(a) shall be applied as if the
commencement date referred in subsection (b)(1)(A) of the
section amended by this Act coincided with such date of
enactment.
(2) Widows.--In the case of any individual who is the widow
of a former President on the date of enactment of this Act, the
amendments made by section 2(b)(1) shall be applied as if the
commencement date referred to in subsection (e)(1) of the
section amended by this Act coincided with such date of
enactment.
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