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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 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\
---------------------------------------------------------------------------
    \1\18 U.S.C. Sec. 3056(a)(1)-(2) (2007).
    \2\18 U.S.C. Sec. 3056(a)(3) (2007).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\18 U.S.C. Sec. 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 Sec. 3056. Former 
Vice Presidents are not included in the enumeration, nor are members of 
their families.

----------------------------------------------------------------------------------------------------------------
                                    Dates of coverage after
      Who received coverage?                leaving             Under what authority?        Summary comment
----------------------------------------------------------------------------------------------------------------
Hubert H. Humphrey (not spouse     1/20/69 to 7/20/69 (6      Letter of January 27,     Humphrey covered full 6
 Muriel and not children Hubert,    mos.).                     1969 from Counsel to      months, nothing for
 Robert, Douglas or Nancy).                                    the President             spouse or children.
                                                               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.''.
Spiro T. Agnew (not spouse Elinor  10/10/73 to 2/17/74 (4.25  (No record of authority   Agnew covered 4.25
 and not children James, Pamela,    mos).                      available).               months, nothing for
 Susan, or Kimberly).                                                                    spouse or children.
[Note: Gerald R. Ford became       not applicable...........  Not applicable..........  Ford became President.
 President].
Nelson Rockefeller...............  1/20/77 to 2/22/77 (1      Public Law 95-1: protect  Rockefeller, spouse, and
spouse Margaretta................   mo.).                      former Vice President     two children covered
child Nelson.....................  1/20/77 to 2/22/77 (1       and ``member of such      for 1 month.
child Mark.......................   mo.).                      official's immediate
                                   1/20/77 to 2/22/77 (1       family'' who has been
                                    mo.).                      receiving USSS
                                   1/20/77 to 2/22/77 (1       protection. ``If the
                                    mo.).                      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''.
Walter Mondale...................  1/20/81 to 7/20/81 (6      Public Law 96-503:        Mondale and spouse
spouse Joan (not children           mos.).                     protection for former     covered for 6 months,
 Eleanor, Theodore, or William).   1/20/81 to 7/20/81 (6       Vice President or         nothing for children.
                                    mos.).                     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.
[Note: George H.W. Bush became       .......................    ......................  GHW Bush became
 President].                                                                             President.
J. Danforth Quayle (not spouse     1/20/93 to 7/20/93 (6      Public Law 103-1:         Quayle covered six
 Marilyn and not children Tucker,   mos.).                     protection for former     months, spouse
 Ben and Connie).                                              Vice President or         authority not used,
                                                               spouse, ``if the          nothing for children.
                                                               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.
Albert Gore......................  1/20/01 to 7/20/01 (6      President Clinton         Gore and spouse covered
spouse Mary ``Tipper'' (not         mos.).                     memorandum of January     for 6 months, nothing
 children Karenna, Kristin,        1/20/01 to 7/20/01 (6       19, 2001 directing 6      for children.
 Sarah, or Al).                     mos.).                     months' USSS coverage
                                                               for Vice President and
                                                               Mrs. Gore.
----------------------------------------------------------------------------------------------------------------

    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:

                                     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.

                          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


Sec. 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.
The protection authorized in paragraphs (2) through [(7)] (8) 
may be declined.

           *       *       *       *       *       *       *