[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 534
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 SENATE OF THE UNITED STATES
February 12, 2025
Ms. Ernst introduced the following bill; 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.
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 of 2025''.
SEC. 2. AMENDMENTS.
(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, and referred to
in this Act, 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:
``(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.
``(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).
``(b) Duration; 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;
``(B) terminate on the date on which the former
President dies; and
``(C) be payable on a monthly basis.
``(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.
``(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)).
``(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; and
``(B) shall not be less than the amount determined
under paragraph (4).
``(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; 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).
``(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.
``(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).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(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
``(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
necessary for purposes of calculating the applicable
reduction amount under paragraph (2) of this
subsection.
``(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)--
``(i) disclose the return or return
information to any entity or person; or
``(ii) use the return or return information
for any purpose other than to calculate 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 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.''.
(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)),''; and
(B) in the second sentence--
(i) in paragraph (2)(B), by striking
``and'' at the end;
(ii) in paragraph (3)--
(I) by striking ``or the government
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 increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(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 that term
appears 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 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.--
''.
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; or
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1).
SEC. 4. APPLICABILITY.
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; or
(2) the widow or widower of an individual described in
paragraph (1).
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