H.R. 1496 — what changed

added “1. Former Presidents leaving office before Presidential Allowance Modernization Act of 2019

added “(a) Each”

added “2. Former Presidents leaving office after Presidential Allowance Modernization Act of 2019

“(a) Annuities and allowances

added “(1) Annuity—Each modern 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.

added “(2) Allowance—The Administrator of General Services is authorized to provide each modern 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).

removed “(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.

removed “(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—

added “(A) commence on the day after the date on which an individual becomes a modern former President;

added “(B) terminate on the date on which the modern former President dies; and

removed “(A) commence on the day after the date on which an individual becomes a former President;

removed “(B) terminate on the date on which the former President dies; and

“(C) be payable on a monthly basis.

added “(2) Appointive or elective positions—The annuity and allowance under subsection (a) shall not be payable for any period during which a modern 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.

removed “(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

added “(1) In general—Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a modern former President for any 12-month period—

removed “(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

added “(A) In general—For purposes of paragraph (1), the term applicable reduction amount means, with respect to any modern former President and in connection with any 12-month period, the amount by which—

removed “(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—

added “(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the modern former President for the most recent taxable year for which a tax return is available; and

added “(II) any interest excluded from the gross income of the modern former President under section 103 of such Code for such taxable year, exceeds (if at all)

removed “(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

removed “(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).

added “(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 modern former President and the amounts properly allocable to the spouse of the modern former President.

added “(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 modern former President is increased under subsection (c) (disregarding this subsection).

removed “(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.

removed “(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.

added “(B) Requirement—A modern former President may not receive a monetary allowance under subsection (a)(2) unless the modern former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the modern former President or spouse of the modern former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.

removed “(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).

added “(4) Increased costs due to security needs—With respect to the monetary allowance that would be payable to a modern former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1)(A) 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 modern former President.

added “(e) Widows and widowers—The widow or widower of each modern former President shall be entitled to receive from the United States a monetary allowance at a rate of $100,000 per year (subject to paragraph (4)), payable monthly by the Secretary of the Treasury, if such widow or widower shall waive the right to each other annuity or pension to which she or he is entitled under any other Act of Congress. The monetary allowance of such widow or widower—

added “(1) commences on the day after the modern former President dies;

added “(2) terminates on the last day of the month before such widow or widower dies;

added “(3) is not payable for any period during which such widow or widower holds an appointive or elective office or position in or under the Federal Government to which is attached a rate of pay other than a nominal rate; and

added “(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of modern former Presidents are increased under subsection (c).

added “(f) Definition—In this section, the term modern former President means a person—

added “(1) who shall have held the office of President of the United States of America;

added “(2) whose service in such office shall have terminated—

added “(A) other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and

added “(B) after the date of enactment of the Presidential Allowance Modernization Act of 2019; and

added “(3) who does not then currently hold such office.”

removed “(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.”

removed “(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).”

added “(A) other than”

added “(B) on or before the date of enactment of the Presidential Allowance Modernization Act of 2019; and”

Nothing in this Act or an amendment made by this Act shall be construed to affect—

changed This Act and Section 2 of the amendments made Former Presidents Act of 1958, as added by section 2(a)(3) of this Act Act, shall not apply to—