I 

112TH CONGRESS 

2D SESSION H. R. 4093 

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 

FEBRUARY 28, 2012 

Mr. CHAFFETZ (for himself, Mr. ALTMIRE, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Presidential Allowance 

5 Modernization Act’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) RELATING TO A FORMER PRESIDENT.—The first 

8 section of the Act entitled ‘‘An Act to provide retirement, 


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1 clerical assistants, and free mailing privileges to former 

2 Presidents of the United States, and for other purposes’’, 

3 approved August 25, 1958 (3 U.S.C. 102 note), is amend4 ed by striking the matter before subsection (e) and insert5 ing the following: 

6 ‘‘(a) Each former President shall be entitled for the 

7 remainder of his or her life to receive from the United 

8 States— 

9 ‘‘(1) an annuity at the rate of $200,000 per 

10 year, subject to subsection (c); and 

11 ‘‘(2) a monetary allowance at the rate of 

12 $200,000 per year, subject to subsections (c) and 

13 (d). 

14 ‘‘(b)(1) The annuity and allowance under subsection 

15 (a) shall each— 

16 ‘‘(A) commence on the day after the individual 

17 becomes a former President; 

18 ‘‘(B) terminate on the last day of the month be19 fore the former President dies; and 

20 ‘‘(C) be payable by the Secretary of the Treas21 ury on a monthly basis. 

22 ‘‘(2) The annuity and allowance under subsection (a) 

23 shall not be payable for any period during which the 

24 former President holds an appointive or elective position 

25 in or under the Federal Government or the government 


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1 of the District of Columbia to which is attached a rate 

2 of pay other than a nominal rate. 

3 ‘‘(c) Effective December 1 of each year, each annuity 

4 and allowance under subsection (a) having a commence5 ment date that precedes such December 1 shall be in6 creased by the same percentage as the percentage by 

7 which benefit amounts under title II of the Social Security 

8 Act (42 U.S.C. 401 and following) are increased, effective 

9 as of such December 1, as a result of a determination 

10 under section 215(i) of such Act (42 U.S.C. 415(i)). 

11 ‘‘(d)(1) Notwithstanding any other provision of this 

12 section, the monetary allowance payable under subsection 

13 (a)(2) to a former President for any 12-month period may 

14 not exceed the amount by which— 

15 ‘‘(A) the monetary allowance which (but for this 

16 subsection) would otherwise be so payable for such 

17 12-month period, exceeds (if at all) 

18 ‘‘(B) the applicable reduction amount for such 

19 12-month period. 

20 ‘‘(2)(A) For purposes of paragraph (1), the ‘applica21 ble reduction amount’ is, with respect to any former Presi22 dent and in connection with any 12-month period, the 

23 amount by which— 

24 ‘‘(i) the sum of (I) the adjusted gross income 

25 (as defined by section 62 of the Internal Revenue 


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1 Code of 1986) of the former President for the last 

2 taxable year ending before the start of such 12- 

3 month period, plus (II) any interest excluded from 

4 the gross income of the former President under sec5 tion 103 of such Code for such taxable year, exceeds 

6 (if at all) 

7 ‘‘(ii) $400,000, subject to subparagraph (C). 

8 ‘‘(B) In the case of a joint return, subclauses (I) and 

9 (II) of subparagraph (A)(i) shall be applied by taking into 

10 account both the amounts properly allocable to the former 

11 President and the amounts properly allocable to the 

12 spouse of the former President. 

13 ‘‘(C) The dollar amount specified in subparagraph 

14 (A)(ii) shall be adjusted at the same time that, and by 

15 the same percentage as the percentage by which, the mon16 etary allowance of the former President is increased under 

17 subsection (c) (disregarding this subsection).’’. 

18 (b) RELATING TO THE SURVIVING SPOUSE OF A

19 FORMER PRESIDENT.— 

20 (1) INCREASE IN AMOUNT OF MONETARY AL21 LOWANCE.—Subsection (e) of the section amended 

22 by subsection (a) is amended— 

23 (A) in the first sentence, by striking 

24 ‘‘$20,000 per annum,’’ and inserting ‘‘$100,000 

25 per year (subject to paragraph (4)),’’; and 


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1 (B) in the second sentence— 

2 (i) in paragraph (2), by striking 

3 ‘‘and’’ at the end; 

4 (ii) in paragraph (3), by striking the 

5 period and inserting ‘‘; and’’; and 

6 (iii) by adding after paragraph (3) the 

7 following: 

8 ‘‘(4) shall, after its commencement date, be in9 creased at the same time that, and by the same per10 centage as the percentage by which, annuities of 

11 former Presidents are increased under subsection 

12 (c).’’. 

13 (2) COVERAGE OF WIDOWER OF A FORMER

14 PRESIDENT.—Such subsection (e), as amended by 

15 paragraph (1), is further amended— 

16 (A) by striking ‘‘widow’’ each place it ap17 pears and inserting ‘‘widow or widower’’; and 

18 (B) by striking ‘‘she’’ and inserting ‘‘she 

19 or he’’. 

20 SEC. 3. RULE OF CONSTRUCTION. 

21 Nothing in this Act shall be considered to affect— 

22 (1) any provision of law relating to the security 

23 or protection of a former President or a member of 

24 the family of a former President; or 


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1 (2) funding, under the law amended by this sec2 tion or under any other law, to carry out any provi3 sion of law described in paragraph (1). 

4 SEC. 4. EFFECTIVE DATE; TRANSITION RULES. 

5 (a) EFFECTIVE DATE.—This Act shall take effect on 

6 the date of enactment of this Act. 

7 (b) TRANSITION RULES.— 

8 (1) FORMER PRESIDENTS.—In the case of any 

9 individual who is a former President on the date of 

10 enactment of this Act, the amendment made by sec11 tion 2(a) shall be applied as if the commencement 

12 date referred in subsection (b)(1)(A) of the section 

13 amended by this Act coincided with such date of en14 actment. 

15 (2) WIDOWS.—In the case of any individual 

16 who is the widow of a former President on the date 

17 of enactment of this Act, the amendments made by 

18 section 2(b)(1) shall be applied as if the commence19 ment date referred to in subsection (e)(1) of the sec20 tion amended by this Act coincided with such date 

21 of enactment. 

Æ 


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