69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–696 

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 

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1 18 U.S.C. § 3056(a)(1)–(2) (2007). 

2 18 U.S.C. § 3056(a)(3) (2007). 

3 18 U.S.C. § 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 § 3056. Former 

Vice Presidents are not included in the enumeration, nor are members of their families. 

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

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. 

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Who received coverage? Dates of coverage after leaving Under what authority? Summary comment 

Hubert H. Humphrey (not spouse Muriel and not 

children Hubert, Robert, Douglas or Nancy).

1/20/69 to 7/20/69 (6 mos.) .................................. Letter of January 27, 1969 from Counsel to the 

President 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.’’.

Humphrey covered full 6 months, n

spouse or children. 

Spiro T. Agnew (not spouse Elinor and not children 

James, Pamela, Susan, or Kimberly).

10/10/73 to 2/17/74 (4.25 mos) ............................ (No record of authority available) ........................... Agnew covered 4.25 months, nothing 

or children. 

[Note: Gerald R. Ford became President] .................. not applicable ......................................................... Not applicable ......................................................... Ford became President. Nelson Rockefeller ......................................................spouse Margaretta ......................................................child Nelson ................................................................child Mark ...................................................................

1/20/77 to 2/22/77 (1 mo.) ....................................1/20/77 to 2/22/77 (1 mo.) ....................................1/20/77 to 2/22/77 (1 mo.) ....................................1/20/77 to 2/22/77 (1 mo.) ....................................

Public Law 95–1: protect former Vice President 

and ‘‘member of such official’s immediate family’’ who has been receiving USSS protection. ‘‘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, 1977’’.

Rockefeller, spouse, and two children 

1 month. 

Walter Mondale ...........................................................spouse Joan (not children Eleanor, Theodore, or William).

1/20/81 to 7/20/81 (6 mos.) ..................................1/20/81 to 7/20/81 (6 mos.) ..................................

Public Law 96–503: protection for former Vice 

President or 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.

Mondale and spouse covered for 6 mo

ing for children. 

[Note: George H.W. Bush became President] ............. ............................................................................ ............................................................................ GHW Bush became President. J. Danforth Quayle (not spouse Marilyn and not children Tucker, Ben and Connie). 1/20/93 to 7/20/93 (6 mos.) .................................. Public Law 103–1: protection for former Vice President or 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, 1993’’ plus President GHW Bush memorandum of January 15, 1993.

Quayle covered six months, spouse au

used, nothing for children. 

Albert Gore ..................................................................spouse Mary ‘‘Tipper’’ (not children Karenna, Kristin, 

Sarah, or Al).

1/20/01 to 7/20/01 (6 mos.) ..................................1/20/01 to 7/20/01 (6 mos.) ..................................

President Clinton memorandum of January 19, 

2001 directing 6 months’ USSS coverage for Vice President and Mrs. Gore.

Gore and spouse covered for 6 mont

for children. 


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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: 

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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. 

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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 

§ 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. 

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The protection authorized in paragraphs (2) through ø(7)¿ (8) may 

be declined. 

* * * * * * * 

Æ 

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