I 
115TH CONGRESS 
1ST SESSION H. R. 3739
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 
SEPTEMBER 12, 2017
Mr. JODY B. HICE of Georgia 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 Representa-
tives 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 2017’’. 
SEC. 2. AMENDMENTS. 
(a) FORMER PRESIDENTS.—The first section of the 
Act entitled ‘‘An Act to provide retirement, clerical assist-
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ants, and free mailing privileges to former Presidents of 
the United States, and for other purposes’’, approved Au-
gust 25, 1958 (commonly known as the ‘‘Former Presi-
dents Act of 1958’’) (3 U.S.C. 102 note), is amended—
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; 
(2) by striking the matter preceding subsection 
(e) and inserting the following: 
‘‘(a) IN GENERAL.—Each former President shall be 
entitled to receive from the United States—
‘‘(1) an annuity, subject to subsections (b) and 
(c)—
‘‘(A) at the rate of $200,000 per year; and 
‘‘(B) which shall commence on the day 
after the date on which an individual becomes 
a former President; and 
‘‘(2) a monetary allowance, subject to sub-
sections (b), (c), and (d), at the rate of—
‘‘(A) $500,000 per year for 5 years begin-
ning on the day after the last day of the period 
described in the first sentence of section 5 of 
the Presidential Transition Act of 1963 (3 
U.S.C. 102 note); 
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‘‘(B) $350,000 per year for the 5 years fol-
lowing the 5-year period under subparagraph 
(A); and 
‘‘(C) $250,000 per year thereafter. 
‘‘(b) DURATION; FREQUENCY.—
‘‘(1) IN GENERAL.—The annuity and monetary 
allowance under subsection (a) shall—
‘‘(A) terminate on the date that is 30 days 
after the date on which the former President 
dies; and 
‘‘(B) be payable by the Secretary of the 
Treasury on a monthly basis. 
‘‘(2) APPOINTIVE OR ELECTIVE POSITIONS.—
The annuity and monetary allowance under sub-
section (a) shall not be payable for any period dur-
ing 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. 
‘‘(c) COST-OF-LIVING INCREASES.—Effective Decem-
ber 1 of each year, each annuity and monetary 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, 
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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 former Presi-
dent 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 the 12-month period, exceeds 
(if at all) 
‘‘(ii) the applicable reduction amount 
for the 12-month period; and 
‘‘(B) shall not be less than the amount de-
termined under paragraph (4). 
‘‘(2) DEFINITION.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (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 earned income (as defined in 
section 32(c)(2) of the Internal Revenue 
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Code of 1986) of the former President for 
the most recent taxable year for which a 
tax return is available, exceeds (if at all) 
‘‘(ii) $400,000, subject to subpara-
graph (C). 
‘‘(B) JOINT RETURNS.—In the case of a 
joint return, subparagraph (A)(i) shall be ap-
plied 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) 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 al-
lowance of the former President is increased 
under subsection (c) (disregarding this sub-
section). 
‘‘(3) DISCLOSURE REQUIREMENT.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the terms ‘return’ and ‘return in-
formation’ have the meanings given those 
terms in section 6103(b) of the Internal 
Revenue Code of 1986; and 
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‘‘(ii) the term ‘Secretary’ means the 
Secretary of the Treasury or the Secretary 
of the Treasury’s delegate. 
‘‘(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 nec-
essary for purposes of calculating the applicable 
reduction amount under paragraph (2) of this 
subsection. 
‘‘(C) CONFIDENTIALITY.—Except as pro-
vided 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 dis-
closed to the Secretary under subparagraph 
(B)—
‘‘(i) disclose the return or return in-
formation to any entity or person; or 
‘‘(ii) use the return or return informa-
tion for any purpose other than to cal-
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culate 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 former President under 
subsection (a)(2) for any 12-month period but for 
the limitation under paragraph (1) of this sub-
section, the Administrator of General Services, in co-
ordination with the Director of the United States 
Secret Service, shall determine the amount of the 
monetary allowance that is needed to pay the in-
creased cost of doing business that is attributable to 
the security needs of the former President.’’; 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) OFFICE STAFF.—
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services shall, without regard to the civil service 
and classification laws, provide for each former 
President an office staff of not more than 13 indi-
viduals, at the request of the former President, on 
a reimbursable basis. 
‘‘(2) COMPENSATION.—The annual rate of com-
pensation payable to any individual under paragraph 
(1) shall not exceed the highest annual rate of basic 
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pay for positions at level II of the Executive Sched-
ule under section 5313 of title 5, United States 
Code. 
‘‘(3) SELECTION; RESPONSIBILITY.—An indi-
vidual employed under this subsection—
‘‘(A) shall be selected by the former Presi-
dent; and 
‘‘(B) shall be responsible only to the 
former President for the performance of duties. 
‘‘(g) OFFICE SPACE AND RELATED FURNISHINGS 
AND EQUIPMENT.—
‘‘(1) OFFICE
SPACE.—The Administrator of 
General Services (referred to in this subsection as 
the ‘Administrator’) shall, at the request of a former 
President, on a reimbursable basis provide for the 
former President suitable office space, as determined 
by the Administrator, at a place within the United 
States specified by the former President. 
‘‘(2) FURNISHINGS AND EQUIPMENT.—
‘‘(A) REIMBURSABLE.—The Administrator 
may, at the request of a former President, pro-
vide the former President with suitable office 
furnishings and equipment on a reimbursable 
basis. 
‘‘(B) WITHOUT REIMBURSEMENT.—
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‘‘(i) 
GRANDFATHERED
FORMER 
PRESIDENTS.—In the case of any indi-
vidual who is a former President on the 
date of enactment of the Presidential Al-
lowance Modernization Act of 2017, the 
former President may retain without reim-
bursement any furniture and equipment in 
the possession of the former President. 
‘‘(ii) 
PRESIDENTIAL
TRANSITION 
ACT.—A former President may retain with-
out reimbursement any furniture or equip-
ment acquired under section 5 of the Pres-
idential Transition Act of 1963 (3 U.S.C. 
102 note). 
‘‘(iii) EXCESS FURNITURE AND EQUIP-
MENT.—The Administrator may provide 
excess furniture and equipment to the of-
fice of a former President at no cost other 
than necessary transportation costs.’’; and 
(4) by adding at the end the following: 
‘‘(j) APPLICABILITY.—Subsections (f), (g) (other 
than paragraph (2)(B)(i) of that subsection), and (i) shall 
apply with respect to a former President on and after the 
day after the last day of the period described in the first 
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sentence of section 5 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note).’’. 
(b) SURVIVING
SPOUSES
OF
FORMER
PRESI-
DENTS.—
(1) INCREASE IN AMOUNT OF MONETARY AL-
LOWANCE.—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)),’’; and 
(B) in the second sentence—
(i) in paragraph (2), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (3)—
(I) by striking ‘‘or the govern-
ment of the District of Columbia’’; 
and 
(II) by striking the period and 
inserting ‘‘; and’’; and 
(iii) by inserting after paragraph (3) 
the following: 
‘‘(4) shall, after its commencement date, be in-
creased at the same time that, and by the same per-
centage by which, annuities of former Presidents are 
increased under subsection (c).’’. 
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(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 ap-
pears and inserting ‘‘widow or widower’’; 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 sub-
section enumerator the following: ‘‘WIDOWS
AND 
WIDOWERS.—’’; 
(2) in subsection (h) (as redesignated by sub-
section (a)(1)), by inserting after the subsection enu-
merator the following: ‘‘DEFINITION.—’’; and 
(3) in subsection (i) (as redesignated by sub-
section (a)(1)), by inserting after the subsection enu-
merator the following: ‘‘AUTHORIZATION OF APPRO-
PRIATIONS.—’’. 
(d) CONFORMING AMENDMENTS.—
(1) TITLE 5.—Subpart G of part III of title 5, 
United States Code, is amended—
(A) in section 8101(1)(E), by striking 
‘‘1(b)’’ and inserting ‘‘1(f)’’; 
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(B) in section 8331(1)(I), by striking 
‘‘1(b)’’ and inserting ‘‘1(f)’’; 
(C) in section 8701(a)(9), by striking 
‘‘1(b)’’ and inserting ‘‘1(f)’’; and 
(D) in section 8901(1)(H) by striking 
‘‘1(b)’’ and inserting ‘‘1(f)’’. 
(2) PRESIDENTIAL TRANSITION ACT OF 1963.—
Section 5 of the Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended by striking the last 
sentence. 
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 a member of 
the family of a former President; 
(2) funding, under the Former Presidents Act 
of 1958 or any other law, to carry out any provision 
of law described in paragraph (1); or 
(3) funding for any office space lease in effect 
on the day before the date of enactment of this Act 
under subsection (c) of the first section of the 
Former Presidents Act of 1958 (as in effect on the 
day before the date of enactment of this Act) until 
the expiration date contained in the lease, if the 
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lease was submitted to the Committee on Oversight 
and Government Reform of the House of Represent-
atives on April 12, 2017. 
SEC. 4. TRANSITION RULES. 
(a) FORMER PRESIDENTS.—In the case of any indi-
vidual who is a former President on the date of enactment 
of this Act, the amendments made by section 2(a) shall 
be applied as if the commencement date referred in sub-
sections (a)(1)(B) and (a)(2)(A) of the first section of the 
Former Presidents Act of 1958, as amended by section 
2(a), coincided with the date that is 180 days after the 
date of enactment of this Act. 
(b) 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 sub-
section (e)(1) of the first section of the Former Presidents 
Act of 1958, as amended by section 2(b)(1), coincided 
with the date that is 180 days after the date of enactment 
of this Act. 
SEC. 5. APPLICABILITY. 
For a former President receiving a monetary allow-
ance under the Former Presidents Act of 1958 on the day 
before the date of enactment of this Act, the limitation 
under subsection (d)(1) of the first section of that Act, 
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as amended by section 2(a), shall apply to the monetary 
allowance of the former President, except to the extent 
that the application of the limitation would prevent the 
former President from being able to pay the cost of a lease 
or other contract that is in effect on the day before the 
date of enactment of this Act and under which the former 
President makes payments using the monetary allowance, 
as determined by the Administrator of General Services.
Æ
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