United States 116th Congress Status: In Committee 1 R cosponsors

S 580 — Presidential Allowance Modernization Act of 2019

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 128.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

314 added · 88 removed

Plain-language change summary

The amendment modifies the text of the bill to replace the short title with a placeholder indicating its introduction. Additionally, the section related to annuities for former Presidents retains the structure but removes detailed specifications about the annuity amount and its conditions. This change means that the specifics about the annuity’s dollar amount and its eligibility stipulations are excluded from the current text, making it less defined as it progresses through the legislative process.

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580 Introduced in Senate (IS)] <DOC> 116th CONGRESS 1st Session S.
580 Reported in Senate (RS)] <DOC> Calendar No.
580 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.
128 116th CONGRESS 1st Session S.
580 [Report No.
116-53] 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.
Enzi, and Ms.
Enzi, Ms.
Sinema) introduced the following bill;
Sinema, Mr.
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ 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.
Braun, and Mrs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Fischer) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs June 27, 2019 Reported by Mr.
Johnson, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Presidential Allowance Modernization Act of 2019''.</DELETED> <DELETED>SEC.
2.
AMENDMENTS.</DELETED> <DELETED> (a) Former Presidents.--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 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C.
102 note), is amended by striking the matter preceding subsection (e) and inserting the following:</DELETED> <DELETED> ``(a) Annuities and Allowances.--</DELETED> <DELETED> ``(1) Annuity.--Each 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.</DELETED> <DELETED> ``(2) Allowance.--The Administrator of General Services is authorized to provide each 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).</DELETED> <DELETED> ``(b) Duration;
Frequency.--</DELETED> <DELETED> ``(1) In general.--The annuity and allowance under subsection (a) shall each--</DELETED> <DELETED> ``(A) commence on the day after the date on which an individual becomes a former President;</DELETED> <DELETED> ``(B) terminate on the date on which the former President dies;
and</DELETED> <DELETED> ``(C) be payable on a monthly basis.</DELETED> <DELETED> ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a 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.</DELETED> <DELETED> ``(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)).</DELETED> <DELETED> ``(d) Limitation on Monetary Allowance.--</DELETED> <DELETED> ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period--</DELETED> <DELETED> ``(A) except as provided in subparagraph (B), may not exceed the amount by which--</DELETED> <DELETED> ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all)</DELETED> <DELETED> ``(ii) the applicable reduction amount for such 12-month period;
and</DELETED> <DELETED> ``(B) shall not be less than the amount determined under paragraph (4).</DELETED> <DELETED> ``(2) Definition.--</DELETED> <DELETED> ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which--</DELETED> <DELETED> ``(i) the sum of--</DELETED> <DELETED> ``(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available;
and</DELETED> <DELETED> ``(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)</DELETED> <DELETED> ``(ii) $400,000, subject to subparagraph (C).</DELETED> <DELETED> ``(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 former President and the amounts properly allocable to the spouse of the former President.</DELETED> <DELETED> ``(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 former President is increased under subsection (c) (disregarding this subsection).</DELETED> <DELETED> ``(3) Disclosure requirement.--</DELETED> <DELETED> ``(A) Definitions.--In this paragraph-- </DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate.</DELETED> <DELETED> ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.</DELETED> <DELETED> ``(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)--</DELETED> <DELETED> ``(i) disclose the return or return information to any entity or person;
or</DELETED> <DELETED> ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2).</DELETED> <DELETED> ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) 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 former President.''.</DELETED> <DELETED> (b) Surviving Spouses of Former Presidents.--</DELETED> <DELETED> (1) Increase in amount of monetary allowance.-- Subsection (e) of the first section of the Former Presidents Act of 1958 is amended--</DELETED> <DELETED> (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),'';
and</DELETED> <DELETED> (B) in the second sentence--</DELETED> <DELETED> (i) in paragraph (2), by striking ``and'' at the end;</DELETED> <DELETED> (ii) in paragraph (3)--</DELETED> <DELETED> (I) by striking ``or the government of the District of Columbia'';
and</DELETED> <DELETED> (II) by striking the period and inserting ``;
and'';
and</DELETED> <DELETED> (iii) by inserting after paragraph (3) the following:</DELETED> <DELETED> ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).''.</DELETED> <DELETED> (2) Coverage of widower of a former president.-- Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- </DELETED> <DELETED> (A) by striking ``widow'' each place it appears and inserting ``widow or widower'';
and</DELETED> <DELETED> (B) by striking ``she'' and inserting ``she or he''.</DELETED> <DELETED> (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended--</DELETED> <DELETED> (1) in subsection (e), by inserting after the subsection enumerator the following:
``Widows and Widowers.-- '';</DELETED> <DELETED> (2) in subsection (f), by inserting after the subsection enumerator the following:
``Definition.--'';
and</DELETED> <DELETED> (3) in subsection (g), by inserting after the subsection enumerator the following:
``Authorization of Appropriations.--''.</DELETED> <DELETED>SEC.
3.
RULE OF CONSTRUCTION.</DELETED> <DELETED> Nothing in this Act or an amendment made by this Act shall be construed to affect--</DELETED> <DELETED> (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</DELETED> <DELETED> (2) funding, under the Former Presidents Act of or any other law, to carry out any provision of law described in paragraph (1).</DELETED> <DELETED>SEC.
4.
APPLICABILITY.</DELETED> <DELETED> This Act and the amendments made by this Act shall not apply to--</DELETED> <DELETED> (1) any individual who is a former President on the date of enactment of this Act;
or</DELETED> <DELETED> (2) the widow or widower of an individual described in paragraph (1).</DELETED> SECTION 1.
(a) Former Presidents.--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 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C.
(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, (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C.
102 note), is amended by striking the matter preceding subsection (e) and inserting the following:
102 note), is amended-- (1) by striking ``That (a) each'' and inserting the following:
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``(a) Annuities and Allowances.-- ``(1) Annuity.--Each 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.
``SECTION 1.
``(2) Allowance.--The Administrator of General Services is authorized to provide each 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).
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).
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 former President;
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 former President dies;
``(B) terminate on the date on which the modern former President dies;
``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a 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.
``(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.
``(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 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;
``(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;
``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, 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 in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available;
``(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 former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C).
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 former President and the amounts properly allocable to the spouse of the former President.
``(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 former President is increased under subsection (c) (disregarding this subsection).
``(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).
``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.
``(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.
``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) 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 former President.''.
``(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.
(b) Surviving Spouses of Former Presidents.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the first section of the Former Presidents Act of 1958 is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),'';
``(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.
and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end;
The monetary allowance of such widow or widower-- ``(1) commences on the day after the modern former President dies;
(ii) in paragraph (3)-- (I) by striking ``or the government of the District of Columbia'';
``(2) terminates on the last day of the month before such widow or widower-- ``(A) dies;
and (II) by striking the period and inserting ``;
or ``(B) remarries before becoming 60 years of age;
``(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 (iii) by inserting after paragraph (3) the following:
and (2) in section 3, as redesignated by this section-- (A) by inserting after the section enumerator the following:
``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).''.
``authorization of appropriations.'';
(2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower'';
and (B) by inserting ``or modern former President'' after ``former President'' each place that term appears.
and (B) by striking ``she'' and inserting ``she or he''.
(c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following:
``Widows and Widowers.--'';
(2) in subsection (f), by inserting after the subsection enumerator the following:
``Definition.--'';
and (3) in subsection (g), by inserting after the subsection enumerator the following:
``Authorization of Appropriations.-- ''.
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 a member of the family of a former President;
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;
This Act and the amendments made by this Act shall not apply to-- (1) any individual who is a former President on the date of enactment of this Act;
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;
<all>
Calendar No.
128 116th CONGRESS 1st Session S.
580 [Report No.
116-53] _______________________________________________________________________ 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.
_______________________________________________________________________ June 27, 2019 Reported with an amendment
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Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  3. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  4. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-53.

  5. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-53.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 128.

Sponsors

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors S 580?
S 580 is sponsored by Ernst, Joni (Republican).
What is the current status of S 580?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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