Former Presidents: Pensions, Office
Allowances, and Other Federal Benefits
Wendy Ginsberg
Analyst in American National Government
Daniel J. Richardson
Research Assistant
May 27, 2015
Congressional Research Service
7-5700
www.crs.gov
RL34631
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Summary
The Former Presidents Act (FPA; 3 U.S.C. §102 note) charges the General Services
Administration (GSA) with providing former U.S. Presidents a pension, support staff, office
support, travel funds, and mailing privileges. The FPA was enacted to “maintain the dignity” of
the Office of the President. The act provides the former President—and his or her spouse—certain
benefits to help him respond to post-presidency mail and speaking requests, among other informal
public duties often required of a former President. Prior to enactment of the FPA in 1958, former
Presidents leaving office received no pension or other federal assistance.
Pursuant to statute, former Presidents currently receive a pension that is equal to pay for Cabinet
Secretaries (Executive Level I), which was $201,700 in calendar year 2014. Executive Level I
pay was increased to $203,700 for calendar year 2015. In addition to benefits provided pursuant
to the FPA, former Presidents are also provided Secret Service protection and financial
“transition” Allowances, and Other Federal Benefits
March 16, 2016
(RL34631)
Jump to Main Text of Report
Summary
The Former Presidents Act (FPA; 3 U.S.C. §102 note) was enacted to "maintain the dignity" of the Office of the President. The act provides the former President—and his or her spouse—certain benefits to help him respond to post-presidency mail and speaking requests, among other informal public duties often required of a former President. Prior to enactment of the FPA in 1958, former Presidents leaving office received no pension or other federal assistance. The FPA charges the General Services Administration (GSA) with providing former U.S. Presidents a pension, support staff, office support, travel funds, and mailing privileges.
Pursuant to statute, former Presidents currently receive a pension that is equal to pay for Cabinet Secretaries (Executive Level I), which for calendar year 2015 was $203,700. Executive Level I pay was increased to $205,700 for calendar year 2016. In addition to benefits provided pursuant to the FPA, former Presidents are also provided Secret Service protection and financial "transition" benefits to assist their transition to post-presidential life. Pursuant to the FPA, former
Presidents are eligible for benefits unless they hold
“"an appointive or elective office or position in
or under the Federal Government or the government of the District of Columbia to which is
attached a rate of pay other than a nominal rate.
”
Currently four former Presidents and one former First Lady receive pensions or benefits pursuant
to the FPA. For FY2015, Congress appropriated $3,252,000 "
The President's FY2017 budget request seeks $3,865,000 in appropriations for expenditures for former
Presidents (P.L. 113-235), $298,000 (8.4%) less than the $3,551,000 appropriated for FY2014
(P.L. 113-74). For FY2016, President Obama requested $3,277,000 for expenditures for former
Presidents, an increase of $25,000 above current levels.
On January 10, 2013, President Barack Obama signed the Former Presidents Protection Act of
2012 (P.L. 112-257), which extended lifetime Secret Service protection to former Presidents and
their children. Prior to the bill’s enactment, President George W. Bush would have been the first
former President to have his post-presidency Secret Service protection limited to 10 years.
Presidents, an increase of $588,000 (17.9%) from the FY2016 appropriation level. The increase in requested appropriations for FY2017 anticipates President Barack Obama's transition from incumbent to former President. For FY2016, President Obama requested and received appropriations of $3,277,000 for expenditures for former Presidents—an increase of $25,000 from FY2015 appropriated levels.
Some critics of the Former Presidents Act say the statute subsidizes Presidents who are not
struggling financially. Others argue that although a former President is not in a formal public
position, he remains a public figure and should be provided a pension and benefits that permit
him to perform duties that emerge as a result of his public status.
GSA data on payments to former Presidents show that the value of benefits provided to each of
the living former Presidents—when adjusted for inflation—have generally declined from FY1998
through FY2015. The nominal appropriation levels for former Presidents’ benefits, however,
increased through FY2011 and then declined from FY2011 through FY2015.
This report provides a legislative and cultural history of the Former Presidents Act. It details the
benefits provided to former Presidents and their costs. Congress has the authority to reduce,
increase, or maintain the pension and benefits provided to former Presidents of the United States.
This report considers the potential effects of maintaining the FPA or amending the FPA in ways
that might reduce or otherwise modify a former President’s benefits.
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Contents
Introduction...................................................................................................................................... 1
Recent Legislation to Amend the FPA ............................................................................................. 2
Varied Post-Presidency Circumstances ............................................................................................ 3
International Comparisons ............................................................................................................... 3
Benefits Available to Former Presidents .......................................................................................... 4
Transition Expenses ................................................................................................................. 10
Pensions ................................................................................................................................... 11
Office Space and Staffing Allowances .................................................................................... 12
Travel Expenses ....................................................................................................................... 13
Secret Service Protection ......................................................................................................... 13
Health Benefits ........................................................................................................................ 14
Funerals ................................................................................................................................... 15
Some Potential Policy Options for Congress ................................................................................. 16
The Informal Public Role of a Former President..................................................................... 16
Expectations, Limitations, and Opportunities of a Former President ...................................... 17
Pensions of the Widows of Former Presidents ........................................................................ 18
Placing Limits on Certain Benefits.......................................................................................... 18
Figures
Figure 1. The Costs of Pensions and Benefits Provided to Former Presidents in FY2014
Dollars ........................................................................................................................................ 10
Tables
Table 1. Annual GSA Allowance for Former Presidents ................................................................. 5
Table 2. Total Appropriation of Pensions and Benefits Provided to Former Presidents,
Adjusted to FY2014 Dollars ......................................................................................................... 7
Table 3. Annual Office Space Costs for Former Presidents, FY2014 ............................................ 12
Table B-1. Retirement Period of Former Presidents After Leaving Office.................................... 24
Appendixes
Appendix A. Legislative History of the Former Presidents Act .................................................... 20
Appendix B. Post-Presidential Lifespans ...................................................................................... 24
Contacts
Author Contact Information........................................................................................................... 25
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Acknowledgments ......................................................................................................................... 25
Congressional Research Service
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Introduction
Prior to 1958, U.S. Presidents who left office received no federal pension or other financial
assistance. Some former Presidents—like Herbert Hoover and Andrew Jackson—returned to
wealthy post-presidential lives. Other former Presidents—including Ulysses S. Grant and Harry
S. Truman—struggled financially. Still others—including Andrew Johnson, John Quincy Adams,
and William Howard Taft—served formally in the federal government after their presidencies.1
In 1958, prompted largely by former President Truman’s financial difficulties, Congress enacted
the Former Presidents Act (FPA; 3 U.S.C. §102 note). The FPA was designed to “maintain the
dignity” of the office of the President by providing former Presidents—and their spouses—a
pension and other benefits to help them respond to post-presidency mail and speaking requests,
among other informal public duties often required of a former President and his spouse.2 As
administered by the General Services Administration (GSA), the act, as amended, provides
former Presidents with a pension, funds for travel, office space, support staff, and mailing
privileges. According to the FPA, upon leaving office, former Presidents are to receive a pension
that is equal to the pay for the head of an executive department (Executive Level I), which was
$201,700 in calendar year 2014. Executive Level I pay increased to $203,700 in calendar year
2015.3 The widow of a former President is authorized to receive an annual pension of $20,000.
The FPA is not the only authority that provides benefits to a former President. For example,
pursuant to the Presidential Transition Act (3 U.S.C. §102 note), an outgoing President is entitled
to receive seven months of “transition” services and facilities to assist his transition to postpresidential life.4 Federal law also provides former Presidents and their spouses lifetime Secret
Service protection.5 In 1994, the law was amended to limit U.S. Secret Service coverage to 10
years for any President who entered office after January 1, 1997.6 President George W. Bush and
his wife Laura Bush would have been the first former President and first lady who faced this
statutory limit.7 him to perform duties that emerge as a result of his public status.
In the 114th Congress (2015-2016), the House and Senate are considering similar legislation that would amend the FPA. Both bills (H.R. 1777 and S. 1411) would set a former President's pension at $200,000 annually, with increases each year by the same percentage authorized for benefits provided by the Social Security Act (42 U.S.C. §401). Both pieces of legislation would provide a former President an additional $200,000 annual allowance to be used as he determined and would remove other benefits currently provided to former Presidents—including those currently provided for travel, staff, and office expenses. Additionally, the bills propose that for every dollar a former President earned in each fiscal year in excess of $400,000, his federal annuity would be reduced by $1.
GSA data on payments to former Presidents show that the value of benefits provided to each of the living former Presidents—when adjusted for inflation—has generally declined from FY1998 through FY2015. The nominal appropriation levels for former Presidents' benefits, however, increased through FY2011 and then declined from FY2011 through FY2015.
This report provides a legislative and cultural history of the Former Presidents Act. It details the benefits provided to former Presidents and their costs. Congress has the authority to reduce, increase, or maintain the pension and benefits provided to former Presidents of the United States. This report considers the potential effects of maintaining the FPA or amending the FPA in ways that might reduce or otherwise modify a former President's benefits.
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Introduction
Prior to 1958, U.S. Presidents who left office received no federal pension or other financial assistance. Some former Presidents—like Herbert Hoover and Andrew Jackson—returned to wealthy post-presidential lives. Other former Presidents—including Ulysses S. Grant and Harry S. Truman—struggled financially. Still others—including Andrew Johnson, John Quincy Adams, and William Howard Taft—served formally in the federal government after their presidencies.1
In 1958, prompted largely by former President Truman's financial difficulties, Congress enacted the Former Presidents Act (FPA; 3 U.S.C. §102 note). The FPA was designed to "maintain the dignity" of the office of the President by providing former Presidents—and their spouses—a pension and other benefits to help them respond to post-presidency mail and speaking requests, among other informal public duties often required of a former President and his spouse.2 As administered by the General Services Administration (GSA), the act, as amended, provides former Presidents with a pension, funds for travel, office space, support staff, and mailing privileges.
According to the FPA, upon leaving office, former Presidents are to receive a pension that is equal to the pay for the head of an executive department (Executive Level I), which was $203,700 in calendar year 2015. Executive Level I pay increased to $205,700 in calendar year 2016.3 The widow of a former President is authorized to receive an annual pension of $20,000.
Currently, four former Presidents receive pensions and benefits pursuant to the FPA.
The President's FY2017 budget request seeks $3,865,000 in appropriations for expenditures for former Presidents, an increase of $588,000 (17.9%) from the FY2016 appropriation level. The request includes language stating that the appropriation includes funding for "future former President Barack Obama."4 President Obama's anticipated transition from incumbent to former President is scheduled to occur on January 20, 2017.
For FY2016, President Obama requested and received appropriations of $3,277,000 for expenditures for former Presidents—an increase of $25,000 from FY2015 appropriated levels (P.L. 114-92).
The FPA is not the only authority that provides benefits to a former President. For example, pursuant to the Presidential Transition Act (3 U.S.C. §102 note), an outgoing President is entitled to receive seven months of "transition" services and facilities to assist his transition to post-presidential life.5 Federal law also provides former Presidents and their spouses lifetime Secret Service protection.6 In 1994, the law was amended to limit U.S. Secret Service coverage to 10 years for any President who entered office after January 1, 1997.7 President George W. Bush and his wife Laura Bush would have been the first former President and first lady who faced this statutory limit.8 The Former Presidents Protection Act of 2012 (P.L. 112-257), however, reinstated
Secret Service protection for former Presidents and their spouses until their deaths.
8 The bill also
1
President Andrew Johnson served as a Senator after his presidency. President Taft served as Chief Justice of the U.S.
Supreme Court after his presidency. John Quincy Adams served nine terms in the House after his presidency. President
Grover Cleveland can also be said to have won federal elected office after leaving the Presidency. He is the only
President to serve non-consecutive terms. President Cleveland was first elected to the Presidency in 1884 and was
inaugurated on March 4, 1885. After losing the 1888 election to Benjamin Harrison, President Cleveland won the 1892
election and was again inaugurated as President on March 4, 1893.
2
This report uses masculine pronouns to refer to former Presidents because they have all been men.
3
Appropriations for the Former Presidents Act are made for the fiscal year (October 1 through September 30 for each
year). Pay increases for federal employees, in contrast, follow the calendar year. Former Presidents Act appropriations,
therefore, must anticipate a potential pay increase that may begin three months into the fiscal year.
4
This report provides some additional information on the transition benefits provided to the former President. For
analysis of the Presidential Transition Act, see CRS Report RS22979, Presidential Transition Act: Provisions and
Funding, by Henry B. Hogue.
5
18 U.S.C. §3056.
6
P.L. 103-329, §530(a).
7
On September 26, 2008, legislation (P.L. 110-326; 122 Stat. 3560) that extends U.S. Secret Service protection to a
Vice President, his or her spouse, and his or her children who are under 16 years old for up to six months after leaving
office was enacted. Previous to the bill’s enactment, Secret Service protection for a Vice President and his or her family
was provided on an ad hoc basis.
8
Former first ladies maintain Secret Service protection until their deaths or divorce from the former President. If a
former first lady outlives her husband, she either maintains Secret Services protection until her death or until she
(continued...)
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
9 The bill also reinstated Secret Service protection to the children of former Presidents until they are 16 years
old. The bill was signed into law by President Barack H. Obama on January 10, 2013.
Currently four former Presidents and one former First Lady receive pensions and benefits
pursuant to the FPA. For FY2015, Congress appropriated $3,252,000 for expenditures for former
Presidents (P.L. 113-235), $298,000 (8.4%) less than the $3,550,000 appropriated for FY2014
(P.L. 113-76). The enacted level for FY2015 was the lowest appropriation since FY2009. For
FY2016, President Obama requested $3,277,000 for expenditures for former Presidents.9
Recent Legislation to Amend the FPA
On April 14, 2015, Representative Jason Chaffetz, Chairman of the House Committee on
Oversight and Government Reform, introduced the Presidential Allowance Modernization Act
( (H.R. 1777
). Senator Joni Ernst introduced a similar bill (S. 1411) with an identical title on May 21, 2015. The bills). The bill, among other changes,
seeksseek to cap a former President
’'s pension at
$200,000—removing the current pay link to that of Cabinet Secretaries.
H.R. 1777 seeks to
Both pieces of legislation seek to provide a former President an additional $200,000 annual allowance to be used as he
determined.
H.R. 1777 would remove other benefitsdetermines. Pursuant to H.R. 1777 and S. 1411, the values of a former President's pension and allowance would increase annually at the same percentage rate of increase authorized for benefits provided through Title II of the Social Security Act (42 U.S.C. §401).
Additionally, the bills seek to remove other benefits currently provided to former Presidents, including those currently provided for travel, staff, and
office expenses.
AdditionallyAlso, for every dollar a former President earned in each fiscal year that
was in excess of $400,000,
hisboth H.R. 1777 and S. 1411 would require that federal government-provided annual allowance
would be reduced
by $1. Further, if a former President held an elected position in the federal or District of Columbia
governments,
H.R. 1777the bills would require that he forfeit his rights to a pension until he left office.
H.R. 1777
and S. 1411 also seek also seeks to raise the pension available to the widow of a former President, from
$20,000 to $100,000.
H.R. 1777 was referred to the House Committee on Oversight and Government Reform.
10 On May
19, 2015, the House Oversight and Government Reform Committee amended and reported
H.R. 1777H.R.
1777 in the nature of a substitute. The substitute language was nearly identical to
the H.R. 1777
,
, as introduced, but did not include language that would have required a former President to forfeit
the pension benefit while he
or she served an elected position in the District of Columbia
government.
At a May 19, 2015, markup of H.R. 1777
, Representative Elijah Cummings, a co-sponsor of the
bill, stated that
“"taxpayers should not have to pay for a former President
’'s allowance if the former
President is making a comfortable living earning more than $400,000 a year after leaving office.
”
Representative Chaffetz introduced bills identical to H.R. 1777 in the 112th Congress (H.R. 4093)
and the 113th Congress (H.R. 248). Both bills were introduced and referred to the House
Committee on Oversight and Government Reform. No further action was taken on either H.R.
4093 or H.R. 248.
(...continued)
remarries.
9
U.S. Office of Management and Budget, The Budget for Fiscal Year 2016: Appendix, pg. 1159, at
https://www.whitehouse.gov/sites/default/files/omb/budget/fy2016/assets/gsa.pdf.
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Varied Post-Presidency Circumstances
Some critics of the Former Presidents Act say it subsidizes Presidents who are not struggling
financially.10"11
In the report to accompany H.R. 1777, the House Committee on Oversight and Government Reform stated that "[u]pdating the pension and allowances provided to former Presidents who earn significant incomes is needed given the country's fiscal position."12
On June 22, 2015, the Congressional Budget Office released a score of H.R. 1777, as reported, that stated the legislation would reduce federal outlays by $10 million from 2016 through 2020.13 The score estimated that "at least two former Presidents would earn enough that they would not be eligible for an allowance beginning in 2016."14 On January 11, 2016, H.R. 1777 passed the House. The next day, H.R. 1777 was received in the Senate and referred to the Senate Committee on Homeland Security and Governmental Affairs. No further action has been taken on H.R. 1777.
On February 10, 2016, S. 1411 was ordered to be favorably reported, as amended, by the Senate Committee on Homeland Security and Governmental Affairs. Among the amendments made at the markup were the inclusion of a provision clarifying that GSA would be required to work with the Secret Service to ensure that any reduction in benefits to the former President would not affect a former President's security. The amended bill also included a provision stating that office space leases for current former Presidents would not be affected by any reduction in benefits. In short, any reduction in benefits related directly to office space lease payments would not go into effect until the termination of an existing lease agreement. The amendments also removed the language that would have required a former President to forfeit the pension benefit while he served an elected position in the District of Columbia government. No further action has been taken on S. 1411.
Varied Post-Presidency Circumstances
Some critics of the Former Presidents Act say it subsidizes Presidents who are not struggling financially.15 In the 112th Congress (2011-2012), Representative Chaffetz, when introducing H.R. 4093
(112th Congress),, noted that
while he did not want former
presidents “Presidents "living the remainder of their lives destitute,
”" that
“none
"none of our former presidents are poor.
”11"16 Others may argue that while a former President may not hold
a formal public position, he remains a public figure even after he leaves office. When former
President Harry S. Truman returned to Independence, MO
, following his presidential tenure, for
example, he reportedly said it cost him $30,000 a year to reply to mail and requests for
speeches.
1217 Some may argue that to cover such costs, a former President should be provided a
pension and benefits that permit him to perform duties that emerge as a result of his unofficial
public status.
Former U.S. Presidents have returned to varied financial circumstances after leaving office. Some
former Presidents created or returned to wealthy lives after the presidency. Others struggled
financially. Contemporary former Presidents—like William J. Clinton and George W. Bush—
write memoirs, head foundations, and give public speeches. No current former President has
claimed publicly to have significant financial concerns.
International Comparisons
International Comparisons
The United States is not the only country that pays a pension and
provides other benefits to its former head
of government. For example, between 1937 and 2013, Britain’s former prime ministers received a
pension equal to half of their ministerial salary. They also received an office, secretarial support,
and a car and driver.13 In 2013, the Public Service Pensions Act moved all “ of government. Since 2013 in Britain, all "great offices of state,
”
" including the Prime Minister,
toare on the ministerial pension scheme used for other members of
Parliament,
covered byunder the Parliamentary Contributory Pension Fund.
14 In November 2012, the
Canadian Parliament enacted the Pension Reform Act, which substantially reduced the pension
provided to a former prime minister.15 The new law decreased the pension benefits associated
directly with his or her service as prime minister to18 Since 2012 in Canada, the pension for a former Prime Minister is calculated as 3% of his or her salary multiplied by
his or her years of service.19 Pursuant to Canada's Pension Reform Act, a former prime minister appears to remain eligible for pension benefits as a former member of Parliament.20
Benefits Available to Former Presidents
GSA is authorized by the FPA to provide limited funding for an office staff and "suitable office space, appropriately furnished and equipped,"21 at a location within the United States designated by a former President, for the rest of his lifetime. In addition, each former President is authorized to receive a lifetime federal pension, travel funds, and franked mail privileges. Separate statutes provide U.S. Secret Service protection to former Presidents.22 In 1961, the Comptroller General of the United States determined that the FPA also applies to office supplies, such as stationery and his or
10
See, for example, Representative Jason Chaffetz, “Reps. Chaffetz, Altmire, and Gowdy Introduce Cost-saving
Presidential Allowance Modernization Act,” press release, February 28, 2012, at http://chaffetz.house.gov/pressrelease/reps-chaffetz-altmire-and-gowdy-introduce-cost-saving-presidential-allowance.
11
Ibid.
12
See, Dom Bonafede, “Life After the Oval Office: Caring For Ex-Presidents Can Cost a Bundle,” The National
Journal, August 31, 1985, p. 1945.
13
Djuna Thurley, House of Commons Library, “Pensions of ministers and senior office holders,” October 18, 2012, pp.
13-15.
14
Djuna Thurley et al., House of Commons Library, “Public Service Pensions Bill, Bill No. 70 of 2012-13,” October
16, 2012, pp. 66-68.
15
Pension Reform Act, R.S.C., 2012, c. 22, at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=
E&Mode=1&DocId=5811436&File=4. Previously, a prime minister was eligible to receive the same pension as a
former member of Parliament and roughly two-thirds of his or her prime minister salary. (Members of Parliament
Retiring Allowances Act, R.S.C. 1992, c. 46, s. 81). Under current Canadian law, members of Parliament must serve at
least six years to be eligible for pension benefits. A prime minister must serve at least four years or be at least 65 years
old to be eligible for pension benefits.
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
her years of service.16 Pursuant to the legislation, a former prime minister appears to remain
eligible for pension benefits as a former member of Parliament.17
Benefits Available to Former Presidents
GSA is authorized by the FPA to provide limited funding for an office staff and “suitable office
space, appropriately furnished and equipped,”18 at a location within the United States designated
by a former President, for the rest of his lifetime. In addition, each former President is authorized
to receive a lifetime federal pension, travel funds, and franked mail privileges. Separate statutes
provide U.S. Secret Service protection to former Presidents.19 In 1961, the Comptroller General
of the United States determined that the FPA also applies to office supplies, such as stationery and
local and long distance telephone service. Table 1 shows the FY2015 GSA appropriation
provided for former Presidents, disaggregated by category of expenditure.
The data in Table 1 show that in FY2015,
the more recently a former President left office, the
higher the cost of his federal benefitscosts of providing benefits to more recent former Presidents were higher than for their predecessors. For example, in FY2015, George W. Bush, the former
President who left office most recently (January 2009), had the highest annual pension and
benefit costs among the four living former Presidents ($1,098,000). Former President Jimmy
Carter, the living former President with the longest tenure out of office (
he left office in January
January 1981), drew the smallest pension and benefits ($430,000). Also in FY2015, former Presidents
William J. Clinton and George W. Bush received larger appropriations to pay for personnel
benefits ($119,000 and $102,000, respectively) than former Presidents Jimmy Carter and George
H. H. W. Bush received ($0 for Carter and $65,000 for George H.
W. Bush). The pension and benefits
paid to former Presidents George W. Bush and Clinton in FY2015, when added together,
comprise 62.2% of all benefits paid to the four living former Presidents and the widows of the
former Presidents.
In FY2015, office space rental payments were the highest category of cost for former Presidents
George H.
W. Bush, Clinton, and George W. Bush. As shown in Table 1, former President George
W. Bush received the highest FY2015 appropriation for office space ($434,000).
2023 Former
President Clinton
’'s office space costs ($429,000) were $5,000 less than former President George
W. Bush
’'s costs, which was a reversal from FY2014. According to GSA, the appropriations
provided for office space are estimates
“"based on prior year actual obligations and anticipated
changes” changes" to those obligations for the next fiscal year. As shown in Table 3, the actual office space
costs for the former Presidents are lower than the appropriations displayed in Table 1. According
to GSA, excess office space funds can be reallocated to other costs for former Presidents that
were underestimated or unanticipated. If excess funding is not needed during the fiscal year, it is
returned to the Department of
the Treasury. In addition to office space, pension costs have historically
been a large share of federal appropriations.
For President Carter, pension costs were the highest
for FY2015, while they were second only to office space for the other three living former
presidents.
16
Bill C-46. The prime minister’s pension is furthermore capped at two-thirds of the PM’s salary.
In the parliamentary political system, the prime minister is also a member of Parliament.
18
3 U.S.C. §102 note, “Former Presidents”; 72 Stat. 838.
19
10 U.S.C. §3056.
20
Greater detail on the office space and costs provided to each former President are provided in Table 3 later in this
report. Information provided electronically to CRS by GSA on February 4, 2014.
17
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Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Table 1. Annual GSA Allowance for Former Presidents
FY2015 Appropriation, in Thousands
Jimmy
Carter
George
H.W. Bush
William
Jefferson
Clinton
George W.
Bush
Widow
Nancy
Reagana
Totals
Personnel
Compensation
$0b
$96
$96
$96
$0
$288
Personnel Benefitsc
$0
$65
$119
$102
$0
$286
Pension
$205
$205
$218d
$214d
$0
$842
Travel
$0
$56
$0
$10
$0
$66
Office Spacee
$112
$207
$429
$434
$0
$1,182
Communicationsf
$15
$60
$11
$80
$6
$172
Printing
$1
$10
$9
$20
$0
$40
$96h
$62
$31
$64
$0
$253
Supplies and
Materialsi
$1
$10
$3
$28
$0
$42
Equipmentj
$0
$23
$8
$50
$0
$81
$430
$794
$924
$1,098
$6
$3,252
Allowance Type
Other
Totals
Servicesg
Source: Data provided to CRS by the Office of the Budget, General Services Administration.
Notes: Data do not include costs for U.S. Secret Service protection, which are not made public and are not
funded through appropriations to the General Services Administration.
a.
Mrs. Nancy Reagan waived the widow’s pension pursuant to P.L. 85-745, as amended. Mrs. Reagan,
however, received franking privileges.
b.
FY2013 was the first year that former President Jimmy Carter was not paid personnel funds through this
particular account. According to GSA, however, former President Carter received personnel benefits of
equal value “under a separate account ... outside of the GSA payroll system.” Funding for former President
Carter’s personnel is included in his “Other Services” account. Information provided electronically to CRS
by GSA on February 4, 2014.
c.
Former Presidents Jimmy Carter and George H.W. Bush do not receive federal health benefits through FPA
appropriations. According to a GSA legal opinion, former President Carter does not qualify for health
benefits because he served only one term, which is less than the five-year period required for most former
federal employees to receive health benefits. Although George H.W. Bush only served one term, his tenure
in other federal positions permits him to receive health benefits through FPA. He has chosen not to accept
those benefits.
d.
GSA was uncertain why the pension benefits for William Jefferson Clinton and George W. Bush were
higher than the statutory cap of Executive Level I pay ($203,700 in 2015). Information provided to the
authors via email on April 27, 2015.
e.
According to GSA, the appropriations provided for office space are estimates “based on prior year actual
obligations and anticipated changes”Pension costs were the highest category of spending for former President Carter in FY2015, while they were second only to office space for the other three living former Presidents.
Table 1. Annual GSA Allowance for Former Presidents
FY2015 Enacted Appropriation, in Thousands
Allowance Type
|
Jimmy Carter
|
George H. W. Bush
|
William Jefferson Clinton
|
George W. Bush
|
Widow Nancy Reagana
Totals
|
Personnel Compensation
|
$0b
$96
|
$96
|
$96
|
$0
|
$288
|
Personnel Benefitsc
$0
|
$65
|
$119
|
$102
|
$0
|
$286
|
Pensiond
$205
|
$205
|
$218e
$214e
$0
|
$842
|
Travel
|
$0
|
$56
|
$0
|
$10
|
$0
|
$66
|
Office Spacef
$112
|
$207
|
$429
|
$434
|
$0
|
$1,182
|
Communicationsg
$15
|
$60
|
$11
|
$80
|
$6
|
$172
|
Printing
|
$1
|
$10
|
$9
|
$20
|
$0
|
$40
|
Other Servicesh
$96i
$62
|
$31
|
$64
|
$0
|
$253
|
Supplies and Materialsj
$1
|
$10
|
$3
|
$28
|
$0
|
$42
|
Equipmentk
$0
|
$23
|
$8
|
$50
|
$0
|
$81
|
Totals
|
$430
|
$794
|
$924
|
$1,098
|
$6
|
$3,252
|
Source: Data provided to CRS by the Office of the Budget, General Services Administration. On February 15, 2016, CRS requested appropriation data for FY2016. GSA had not responded to the request as of date of publication. Mrs. Nancy Reagan died on March 6, 2016. It is likely that her FY2016 pension was fully funded for FY2016, and was paid out on a pro-rated basis until her death.
Notes: Data do not include costs for U.S. Secret Service protection, which are not made public and are not funded through appropriations to the General Services Administration.
a.
Mrs. Nancy Reagan waived the widow's pension pursuant to P.L. 85-745, as amended. Mrs. Reagan, however, received franking privileges.
b.
FY2013 was the first year that former President Jimmy Carter was not paid personnel funds through this particular account. According to GSA, however, former President Carter received personnel benefits of equal value "under a separate account ... outside of the GSA payroll system." Funding for former President Carter's personnel is included in his "Other Services" account. Information provided electronically to CRS by GSA on February 4, 2014.
c.
Former Presidents Jimmy Carter and George H. W. Bush do not receive federal health benefits through FPA appropriations. According to a GSA legal opinion, former President Carter does not qualify for health benefits because he served only one term, which is less than the five-year period required for most former federal employees to receive health benefits. Although George H. W. Bush only served one term, his tenure in other federal positions permits him to receive health benefits through FPA. He has chosen not to accept those benefits.
d.
According to GSA, the former Presidents' pension benefits include the pension and "related benefits." Information provided electronically to CRS by GSA on April 27, 2015.
e.
GSA was uncertain why the pension benefits for William Jefferson Clinton and George W. Bush were higher than the statutory cap of Executive Level I pay ($203,700 in calendar year 2015 and $205,700 in calendar year 2016). Information provided to the authors via email on April 27, 2015. As noted in table note d, however, the pension category includes "related benefits." It is possible that health care costs associated with former Presidents Clinton and Bush are included in this category.
f.
According to GSA, the appropriations provided for office space are estimates "based on prior year actual obligations and anticipated changes" to those obligations for the next fiscal year. As shown in Table 3, the
actual office space costs for the former Presidents are much lower than the values provided in this table.
According to GSA, these excess office space funds can be reallocated to other costs for former Presidents
that were underestimated or unanticipated. If this excess funding is not needed during the fiscal year, it is
returned to the Department of Treasury. Information provided electronically to CRS by GSA on February
4, 2014.
f.
“Communications” 4, 2014.
g.
"Communications" includes cable, phone, and UPS/Fedex charges. Information provided electronically to
CRS by GSA on April 27, 2015.
Congressional Research Service
5
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
g.
“
h.
"Other Services
”" includes security payments to DHS for lease location, license and support hours for IQ
contract, postage for frank mail, furniture moves, and disposal costs. Information provided electronically to
CRS by GSA on April 27, 2015.
h.
i.
As noted in note b above, personnel costs for former President Carter are included in this account for
FY2015.
i.
“
j.
"Supplies and Materials
”" include office supplies and subscriptions. Information provided electronically to
CRS by GSA on April 27, 2015.
j.
“Equipment”
k.
"Equipment" includes furniture or information technology hardware or software and the related installation
costs. Information provided electronically to CRS by GSA on April 27, 2015.
Table 2 shows the costs of pension and benefits provided to former Presidents for the past 15
fiscal years.
Congressional Research Service
6
Table 2. Total Appropriation of Pensions and Benefits Provided to Former Presidents, Adjusted to
FY2014 Dollars
In Thousands, FY2000 to FY2015
Jimmy Carter
Ronald
Reagan
George
H.W.
Bush
$648
$693
$947
$763
2001
$635
$679
$912
$761
2002
$654
$668
$729
2003
$670
$654
2004
$667
2005
Fiscal Year
Gerald
Ford
2000
William J.
Clinton
George W.
Bush
Widow
Ladybird
Johnson
Widow
Betty
Ford
Widow
Nancy
Reagan
Totals
$30
$3,081
$341
$29
$3,357
$820
$1,305
$29
$4,206
$682
$867
$1,395
$28
$4,296
$633
$674
$857
$1,369
$28
$4,227
$656
$609
$241
$864
$1,336
$27
$2
$3,735
2006
$635
$591
$854
$1,319
$26
$7
$3,431
2007
$618
$574
$830
$1,282
$25
$7
$3,336
2008
$570
$864
$1,278
$7
$7
$2,725
2009
$572
$909
$1,337
$404
$8
$8
$3,238
2010
$562
$901
$1,181
$1,418
$8
$8
$4,078
2011
$529
$858
$1,135
$1,454
$7
$7
$3,991
2012
$534
$868
$1,008
$1,360
$14
$3,785
20130
$509
$823
$952
$1,278
$7
$3,570
2014
$470
$837
$951
$1,287
$7
$3,552
2015
$434
$801
$932
$1,107
$6
$3,280
$14,292
$16,189
$7,202
$74
$60,998
Totals
$6,484
$10,270
$6,173
$285
$29
Source: FY2014 data provided to CRS by GSA. Previous fiscal year data has been provided to CRS annually over time. CRS calculated the adjusted dollar values using
the data provided.
Notes: Adjusted costs are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS
divided the FY2014 CPI by the appropriate year’s CPI rate (for example, the CPI rate for 2007 when calculating the adjusted dollar costs for 2007). CRS then multiplied
that dividend by the nominal dollar amount provided to a former President in pension and benefits for each year. CRS used the CPI rate for 2014 because it is the most
CRS-7
recent year with a full measure of monthly CPIs. FY2015 Dollars
FY2000 to FY2015, in Thousands
Fiscal Year
|
Gerald Ford
|
Jimmy Carter
|
Ronald Reagan
|
George H. W. Bush
|
William J. Clinton
|
George W. Bush
|
Widow Ladybird Johnson
|
WidowBetty Ford
Widow Nancy Reagan
|
Totals
|
2000
|
$648
|
$694
|
$948
|
$764
|
$30
|
$3,085
|
2001
|
$636
|
$680
|
$913
|
$762
|
$341
|
$29
|
$3,361
|
2002
|
$655
|
$669
|
$730
|
$821
|
$1,307
|
$29
|
$4,211
|
2003
|
$671
|
$654
|
$683
|
$868
|
$1,396
|
$28
|
$4,301
|
2004
|
$668
|
$634
|
$675
|
$858
|
$1,370
|
$28
|
$4,232
|
2005
|
$657
|
$609
|
$242
|
$865
|
$1,337
|
$27
|
$2
|
$3,739
|
2006
|
$636
|
$591
|
$855
|
$1,320
|
$26
|
$7
|
$3,435
|
2007
|
$618
|
$575
|
$831
|
$1,284
|
$25
|
$7
|
$3,340
|
2008
|
$570
|
$865
|
$1,279
|
$7
|
$7
|
$2,728
|
2009
|
$572
|
$910
|
$1,339
|
$404
|
$8
|
$8
|
$3,241
|
2010
|
$563
|
$902
|
$1,183
|
$1,420
|
$8
|
$8
|
$4,083
|
2011
|
$530
|
$859
|
$1,136
|
$1,456
|
$7
|
$7
|
$3,996
|
2012
|
$535
|
$869
|
$1,010
|
$1,362
|
$14
|
$3,790
|
2013e
|
$510
|
$824
|
$953
|
$1,280
|
$7
|
$3,574
|
2014
|
$471
|
$838
|
$952
|
$1,289
|
$7
|
$3,556
|
2015
|
$430
|
$794
|
$924
|
$1,098
|
$6
|
$3,250
|
Totals
|
$5,189
|
$9,287
|
$4,190
|
$13,486
|
$17,132
|
$8,308
|
$222
|
$29
|
$80
|
$57,921
|
Source: Data provided to CRS by GSA. Previous fiscal year data has been provided to CRS annually over time. CRS calculated the adjusted dollar values using the data provided.
Notes: Adjusted costs are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual averages. To calculate the inflation adjustment values, CRS divided the FY2015 CPI by the appropriate year's CPI rate (for example, the CPI rate for 2007 when calculating the adjusted dollar costs for 2007). CRS then multiplied that dividend by the nominal dollar amount provided to a former President in pension and benefits for each year. Values may not add up to the totals due to rounding. Table used for analysis can be found at http://www.bls.gov/
cpi/cpid1512.pdf, Table 24, p. 74.
a.
cpi/
cpid1502.pdf.
a.
Former President Reagan died on June 5, 2004. The FY2005 allowance reflects costs associated with closing his office. Mrs. Nancy Reagan waived the widow
’s
's pension pursuant to P.L. 85-745, as amended. Mrs. Reagan, however,
continuescontinued to receive franking privileges.
b.
b.
Former President Ford died on December 26, 2006. The FY2007 allowance was used to fund the costs associated with closing
Formerformer President Ford
’'s office. Mrs.
Betty Ford waived the widow
’'s pension pursuant to P.L. 85-745, as amended.
c.
c.
Mrs. Ladybird Johnson died on July 11, 2007. Her allowance was fully funded in FY2007 and was paid out on a pro-rated basis until her death.
d.
d.
Mrs. Ford died on July 8, 2011. Her allowance was fully funded in FY2011 and was paid out on a pro-rated basis until her death.
e.
According to GSA, FY2013 costs were lower than the three previous years because offices of the former Presidents
“"have chosen to reduce and limit their expenses
”
" because of
“sequestration” and “"sequestration" and "overall budget restrictions.
”" Information provided electronically to the author on February 4, 2014. Additionally, costs for the former
Presidents were lower in FY2013 because former President George W. Bush was no longer eligible for additional personnel compensation provided for by P.L. 95-138
(91 Stat. 1170). The law provides a former President additional personnel funding for the 30-month period that begins July 20 of the first year the former President left
office. See U.S. General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office and Security Costs and Other Information, September 2001, p. 16. The
former President can hire as many employees as he would like, provided their aggregated pay does not exceed the $150,000 cap.
CRS-8
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
The data indicate several trends. First, the aggregated adjusted value of pension and benefits
provided to the former Presidents stayed relatively consistent from FY2000 through FY2001.
From FY2001 to FY2002, the aggregated adjusted pension and benefits value increased 25.3%
(from $3,
357361,000 to $4,
206211,000). The adjusted pensions remained above $4,000,000 until
FY2005, when they declined to an aggregated total of $3,
735739,000. The total pensions continued
to decline until they reached their lowest adjusted aggregated value in FY2008 ($2,
725728,000). The
aggregated pensions grew from FY2008 through FY2010, and then they declined from FY2011 to
FY2015. When adjusted for inflation, FY2003 had the highest costs for pension and benefits
($4,
296301,000) and FY2008 had the lowest costs ($2,
725728,000).
Second, as shown in Figure 1, despite the general trend toward overall increasing costs
associated with providing pensions and benefits to former Presidents, the value of each individual
former President
’'s pension and benefits—when adjusted for inflation—has either declined or
remained stable. George H.
W. Bush is one exception to that trend. Between FY2000 and FY2015,
George H.
W. Bush
’'s adjusted pension and benefits increased from $
776790,000 in FY1999 to
$794,000 in FY2015.
2124 The annual appropriation data suggests that
thefederal funding for former
presidents Presidents increases in the years immediately following the end of a
president’President's term, as was the
case for both FY2001-FY2002 and FY2009-FY2010.
21
According to data from GSA, President George H.W. Bush’s pension (Executive Level I pay), office space, and
other costs have increased over the past 20 years.
Congressional Research Service
9
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Figure 1. The Costs of Pensions and Benefits Provided to Former Presidents
in FY2014 in FY2015 Dollars
FY2000 to FY2015 (values in thousands)
Source: FY2015 data provided to CRS by GSA. Previous fiscal year data have been provided to CRS annually
over time. CRS calculated the adjusted 2014
FY2000 to FY2015, in Thousands
Source: Data provided to CRS by GSA. CRS calculated the adjusted 2015 dollar values using the data provided.
Notes: Adjusted costs are calculated using Bureau of Labor Statistics Consumer Price Index (CPI) annual
averages. To calculate the inflation adjustment values, CRS divided the
FY2014FY2015 CPI by the appropriate year
’'s CPI
rate (for example, the CPI rate for 2007 when calculating the adjusted dollar costs for 2007). CRS then
multiplied that dividend by the nominal dollar amount provided to a former President in pension and benefits for
each year. The table used for analysis can be found at http://www.bls.gov/cpi/cpid1502.pdf
.
Transition Expenses
.
Transition Expenses
The Presidential Transition Act (PTA),
2225 as amended, authorizes the Administrator of GSA to
provide services and facilities to each outgoing President and Vice President,
“"for use in
connection with winding up the affairs of his office,
”" for a period
“"not to exceed seven months
from 30 days before the date of the expiration of his term of office.
”23
"26
The PTA authorizes appropriations for specified activities during a presidential transition,
including both those just mentioned and those in support of the incoming President and Vice
President. The act authorizes
“"not more than $3.5 million
… ... for the purposes of providing services
and facilities to the President-elect and Vice President-elect
”" and
“not more than $1.5
22
3 U.S.C. §102 note; PTA. For more information, see CRS Report RS22979, Presidential Transition Act: Provisions
and Funding, by Henry B. Hogue.
23
Ibid., §4.
Congressional Research Service
10
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
million…"not more than $1.5 million ... for the purposes of providing services and facilities to the former President and former
Vice President.
”24"27 In the event that the outgoing Vice President is becoming President, the PTA
limits the authorized expenditures in this area.
2528 The law also requires that the authorized amounts
be adjusted for inflation
“"based on increases in the cost of transition services and expenses which
have occurred in the years following the most recent Presidential transition.
”26
President George W. Bush’s FY2009 budget requested $8,520,000 for presidential transition
expenses.27 This funding was to support transition costs for the President- and Vice Presidentelect, as well as the outgoing President and Vice President. The Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (P.L. 110-329) allocated the President’s
requested amount, including the funds designated for briefing the incoming administration.
President Obama’s FY2013 budget requested $8.9 million for possible transition expenses.28 This
request was endorsed by Congress and included in the Continuing Appropriations Resolution of
September 28, 2012.29
Pensions
The FPA, as amended, requires the federal government to provide for each former President a
taxable pension that is equal to the annual rate of basic pay for the head of an executive
department (Executive Level I), which was $201,700 on January 1, 2014.30 Executive Level I pay
increased to $203,700 on January 1, 2015. The pension begins immediately upon a President’s
departure from office at noon on Inauguration Day, January 20. The Secretary of the Treasury
disburses the monthly pensions.
The FPA does not address whether a President who resigns from office is eligible to receive
pension benefits and other allowances. Following a 1974 precedent set by the Department of
Justice concerning President Richard Nixon’s resignation from office, however, a President who
resigns before his official term of office expires would be entitled to the same lifetime pension
and benefits that are authorized for a President who completes his term. Former President Nixon
did receive a pension and other benefits. There is no precedent pertaining to whether a President
24
Ibid., §6(a). According to General Accounting Office (now the Government Accountability Office) audits of
Presidential Transition Act spending, the transition funds have been used to provide suitable office space, staff
compensation, communications services, and printing and postage associated with the transition. See, for example, U.S.
General Accounting Office, Audit of Reagan Presidential Transition Expenditures, GGD-81-50, March 2, 1981, p. 3, at
http://gao.gov/assets/140/134036.pdf; and U.S. General Accounting Office, Audit of Ford-Carter Presidential
Transition Expenses, GGD-78-36, December 23, 1977, pp. 2-3, at http://gao.gov/assets/130/122685.pdf.
25
Ibid.
26
Ibid., §6(b).
27
U.S. Office of Management and Budget, Budget of the United States Government, Fiscal Year 2009, Appendix
(Washington, DC: GPO, 2008), p. 1075.
28
U.S. Office of Management and Budget, Budget of the United States Government, Fiscal Year 2013, Appendix, pp.
1228-1229, at http://www.whitehouse.gov/sites/default/files/omb/budget/fy2013/assets/appendix.pdf.
29
P.L. 112-175; 126 Stat. 1313. The text of the provision referenced, §130, may be found at 126 Stat. 1319.
30
Former President George W. Bush’s pension for FY2009 was pro-rated from January 21, 2009, his first full day out
of office. The remaining former Presidents could have paid themselves up to the $196,700 FY2009 pay cap using
appropriations intended for staff salaries, staff benefits, or other expenses. Information provided electronically to CRS
by GSA on April 6, 2009.
Congressional Research Service
11
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
who is removed from office following impeachment by the House and conviction in the Senate is
entitled to his pension and related benefits.31
Office Space and Staffing Allowances
GSA is authorized to provide “suitable office space, appropriately furnished and equipped” at any
location within the United States selected by a former President.32 This location does not need to
be connected to any other facility related to the President, including the official Presidential
Library or museums maintained by private foundations. The funding for this provision becomes
effective six months after the expiration of a President’s term of office. The FPA does not provide
specifications or limitations pertaining to the size or location of a former President’s office space.
Since a former President’s pension is comparable to the salary of the head of an executive branch
agency, GSA has historically applied “the cabinet-level office standard” for the quality of a
former President’s office space, equipment, and supplies.33 Office space costs for the living
"29
In FY2009, during which the most recent presidential transition occurred, $8 million was appropriated.30 In FY2013, the President's budget requested $8.95 million for PTA-authorized purposes.
The President's FY2017 budget request seeks $9.5 million for GSA to carry out the PTA. The President's budget request states that anticipated PTA expenses include $1 million "for briefing personnel associated with the incoming administration."31
In addition to the $9.5 million requested by GSA, for FY2017 the Executive Office of the President's Office of Administration requested $7.6 million "for data migration services for processing of records of the department President and Vice President ... and for other transition-related administrative expenses."32 This request is separate from the $9.5 million.
Pensions
The FPA, as amended, requires the federal government to provide for each former President a taxable pension that is equal to the annual rate of basic pay for the head of an executive department (Executive Level I), which was $203,700 for calendar year 2015. Executive Level I pay was increased to $205,700 for calendar year 2016. The pension begins immediately upon a President's departure from office at noon on Inauguration Day, January 20. The Secretary of the Treasury disburses the monthly pensions.
The FPA does not address whether a President who resigns from office is eligible to receive pension benefits and other allowances. Following a 1974 precedent set by the Department of Justice concerning President Richard Nixon's resignation from office, however, a President who resigns before his official term of office expires would be entitled to the same lifetime pension and benefits that are authorized for a President who completes his term. Former President Nixon, therefore, did receive a pension and other benefits. There is no precedent pertaining to whether a President who is removed from office following impeachment by the House and conviction in the Senate is entitled to his pension and related benefits.33
Office Space and Staffing Allowances
GSA is authorized to provide "suitable office space, appropriately furnished and equipped" at any location within the United States selected by a former President.34 This location does not need to be connected to any other facility related to the President, including the official Presidential Library or museums maintained by private foundations. The funding for this provision becomes effective six months after the expiration of a President's term of office. The FPA does not provide specifications or limitations pertaining to the size or location of a former President's office space. Since a former President's pension is comparable to the salary of the head of an executive branch agency, GSA has historically applied "the cabinet-level office standard" for the quality of a former President's office space, equipment, and supplies.35 Office space costs for the living former Presidents are shown in Table 3
.
.
Table 3. Annual Office Space Costs for Former Presidents,
FY2014
Former President
Location
Square Feet
Cost
Jimmy Cartera
Atlanta, GA
7,070
$109,439
George H.W. Bush
Houston, TX
5,379
$179,691
William J. Clinton
New York, NY
8,300
$414,380
George W. Bush
Dallas, TX
8,237
$420,506
Source: Data provided to CRS by GSA on January 1, 2014. GSA confirmed on April 28, 2015, that these office
locations are still being used during FY2015.
Note: These data are actual office space costs, and may not be equal to the appropriated costs for the office
FY2015
Former President
|
Location
|
Square Feet
|
Cost
|
Jimmy Cartera
Atlanta, GA
|
7,070
|
$109,439
|
George H. W. Bush
|
Houston, TX
|
5,379
|
$179,691
|
William J. Clinton
|
New York, NY
|
8,300
|
$414,380
|
George W. Bush
|
Dallas, TX
|
8,237
|
$420,506
|
Source: Data provided to CRS by GSA on January 1, 2014. GSA confirmed on April 28, 2015, that these office locations are still being used during FY2015.
Note: These data are actual office space costs, and may not be equal to the appropriated costs for the office space provided in Table 1
.
a.
.
a.
President Carter
’'s office is located in
the Carter Presidential Center campus, which also houses the Carter
Library. However, the office is maintained in a separate building on the campus.
Six months after a President leaves office, provisions of the FPA, as amended, authorize the GSA
Administrator to fund an office staff.
3436 During the first 30-month period when a former President
is entitled to assistance under the FPA, the total annual basic compensation for his
“staff
assistance”"staff assistance" cannot exceed $150,000.
35 Thereafter, the aggregate rates of staff compensation for a
31
U.S. Department of Justice, Office of Assistant Attorney General, letter to the Administrator of the General Services
Administration from Mary C. Lawton, Acting Assistant Attorney General, Office of Legal Counsel, Washington, DC,
August 15, 1974.
32
3 U.S.C. §102 note. See also U.S. General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office
and Security Costs and Other Information, September 2001, p. 9 at http://www.gao.gov/new.items/d01983.pdf.
33
U.S. General Accounting Office, Costs Associated with Former Presidents and Their Dependents, GAO/GGD-8568, September 26, 1985, p. 6, at http://www.gao.gov/assets/150/143450.pdf. GAO does not clarify what the Cabinetlevel office standard is.
34
The Presidential Transition Act, as amended (3 U.S.C. §102 note, PTA) provides office benefits for the first six
months after a former President leaves office. FPA office and staff benefits, therefore, begin six months after the
former President has left office—when the transition benefits cease.
35
Ibid. The separate $150,000 compensation level for the initial 30-month period was established in 1977 (P.L. 95-138;
91 Stat. 1170). The 30-month period begins July 20th of the first year the former President leaves office. See U.S.
(continued...)
Congressional Research Service
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37 Thereafter, the aggregate rates of staff compensation for a former President cannot exceed $96,000 annually.
3638 The maximum annual rate of compensation
for any one staff member cannot exceed the pay provided at Level II of the Executive Schedule,
which was $
181,500 in 2014 and $183,300 in 2015.37183,300 in 2015 and $185,100 in 2016.39 Despite these limits, a former President is
permitted to supplement staff compensation or to hire additional staff using private funds.
38
40
According to a GSA legal opinion written on December 15, 1972, the office of a former President
may continue to operate after the former President
’'s death for a
“"reasonable period of time.
”" The
GSA Administrator has historically provided office staff up to six months from the date of the
former President
’'s death to complete unfinished business and to close the office. The office
’s
's closure date must be approved by the GSA Administrator.
39
Travel Expenses
In 1968, legislation amended the FPA 41
Travel Expenses
In 1968, the FPA was amended to authorize GSA to make funds available to a former
President, and no more than two members of his staff, for official travel and related expenses. The
FPA caps appropriations at $1 million for
“"security and travel related expenses
”" of a former
President.
4042 The security and travel expenses of a former First Lady are authorized up to $500,000
per year, pursuant to the law. GSA makes the final determination on appropriate costs for travel
expenses.41
Secret Service Protection42
expenses.43
Secret Service Protection44
The Secret Service provides lifetime protection to former Presidents.
4345 Former Presidents
’
' spouses also receive protection until one of two events occurs: divorce from the former President
or death of the former President followed by remarriage.
44 Protection for a former President’s
(...continued)
General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office and Security Costs and Other
Information, September 2001, p. 16. The former President can hire as many employees as he would like, provided their
aggregated pay does not exceed the $150,000 cap.
36
In 1964, the FPA was amended to increase the aggregate rates of staff compensation from $50,000 to $65,000 (P.L.
88-426; 78 Stat. 412); to $80,000 in 1967 (P.L. 90-206; 81 Stat. 642); and to $96,000 in 1970 (84 Stat. 198).
37
3 U.S.C. §102 note, “Former Presidents” (b). According to a GAO report, staff members of a former President “can
receive federal compensation, [but] they are not considered federal employees. They are, however, eligible for certain
federal benefits such as retirement and health insurance.” See U.S. General Accounting Office, GAO Report GAO-01983, Former Presidents: Office and Security Costs and Other Information, September 2001, p. 16. The 2014 Executive
Schedule is available at U.S. Office of Personnel Management, “Salary Table No.2014-EX,” at http://www.opm.gov/
policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2014/EX.pdf.
38
A former President must use personal or private foundation funds to pay staff if the cost is greater than the $96,000
statutory cap.
39
Information provided electronically to CRS from GSA on August 8, 2008.
40
3 U.S.C. §102 note, “Former Presidents” (g).
41
FY1969 Supplemental Appropriations Act (P.L. 90-608; 82 Stat. 1192).
42
For more information on the Secret Service and their protection of former Presidents and other officials, see CRS
Report RL34603, The U.S. Secret Service: History and Missions, by Shawn Reese.
43
18 U.S.C. §3056. The original statute (P.L. 87-829; 76 Stat. 956) limited Secret Service protection to “a reasonable
period after he leaves office.” The following year, 1963, a new statute (P.L. 88-195; 77 Stat. 348) authorized the Secret
Service to protect Jacqueline Kennedy, the widow of President John F. Kennedy, and their two children for “not in
excess of two years.”
44
If a President dies while in office, a spouse may receive Secret Service protection for one year. 18 U.S.C.
(continued...)
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46 Protection for a former President's children is available until they reach the age of 16.
4547 Legislation enacted in 1984 allows former
Presidents or their dependents to decline Secret Service protection.
4648 Former Vice Presidents,
their spouses, and children under the age of 16 are authorized to receive Secret Service Protection
for six months after they leave office.
47
49
The FY1995 Treasury, Postal Service, and General Government Appropriations
Act48Act50 amended 18
U.S.C. §3056 to limit protection to 10 years for former Presidents who began serving after
January 1, 1997, and their spouses.
4951 Former President George W. Bush and his wife Laura Bush
would have been the first former President and First Lady affected by this statutory limit. On
January 10, 2013, however, President Obama signed into law the Former Presidents Protection
Act of 2012 (P.L. 112-257), which reinstated lifetime Secret Service protection for all former
Presidents and their spouses. The Secretary of Homeland Security is authorized to direct the
Secret Service to provide temporary protection to a former President or his spouse at any time.
50
Currently, former First Lady Nancy Reagan and52
Currently, former Presidents Jimmy Carter, George H. W.
Bush, William J. Clinton, and George W. Bush, and their wives receive Secret Service
protection.
51 53 The costs of providing protection for former Presidents and their spouses are funded
through the budget of the Secret Service, as opposed to GSA. The Secret Service does not
publicly disclose protection costs or details for security reasons.
52
Health Benefits
54
Health Benefits
No statutes explicitly govern the payment of health benefits for former Presidents. Generally,
however, former federal employees must be enrolled in the Federal Employees Health Benefits
program for five years to qualify for health benefits.
5355 GSA, historically, has interpreted similar
service requirements for a former President to qualify as a federal annuitant.54
(...continued)
§3056(3)(B).
45
In 1965, the FPA was amended (P.L. 89-186; 79 Stat. 791) to provide “protection of the person of a former President
and his wife during his lifetime and the person of a widow and minor children of a former President for a period of four
years after he leaves or dies in office.”
46
P.L. 98-587; 98 Stat. 3110.
47
P.L. 110-326; 122 Stat. 3560.
48
P.L. 103-329; 108 Stat. 2413.
49
The 10-year limit on Secret Service protection applied to former Presidents’ spouses unless Secret Service protection
was terminated earlier because the spouse divorced the former President or the spouse remarried following the death of
the former President.
50
18 U.S.C. §3056. Pursuant to 18 U.S.C. §879, a person who makes threats against a former President or his
immediate family member can be fined or imprisoned for up to five years.
51
Former President Richard Nixon discontinued Secret Service protection for himself and his wife, Pat, more than 10
years after his resignation from office. See Philip H. Melanson, The Secret Service: The Hidden History of an
Enigmatic Agency (New York, NY: Carroll & Graff, 2005), p. 163.
52
Information provided via telephone from the Secret Service to the author on February 11, 2013. Total Secret Service
appropriations for protection of “persons and facilities” is available in CRS Report RL34603, The U.S. Secret Service:
History and Missions, by Shawn Reese, p. 4.
53
5 U.S.C. §8905(a).
54
Defined in 5 U.S.C. §8901(3).
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service requirements for a former President to qualify as a federal annuitant.56
Presidential terms are four years. Jimmy Carter served a single presidential term, and, therefore,
does not qualify for federally funded health benefits. Although George H.
W. Bush served only
one term as President, he is entitled to federal health benefits because of his extensive federal
service in other positions, including
Member of Congress, Director of Central Intelligence, Ambassador to the United
Nations, and Vice President. While former President George H.
W. Bush is eligible for federal
health benefits, he opts not to receive them.
5557 Since former President Clinton served two
presidential terms and receives a monthly pension, GSA
’'s position is that he qualifies for federal
health benefits. George W. Bush is eligible for and receives federal health benefits.
56
Funerals
58
Funerals
The incumbent President is charged with officially announcing the death of a former President by
presidential proclamation and ordering the U.S. flags on all federal buildings to be flown at
halfstaffhalf-staff for 30 days (4 U.S.C. §7(m)). Former Presidents are entitled to an official state funeral,
including traditions and requirements determined by the
armed forces.57
Armed Forces.59
According to state funeral policy, the incumbent President must notify Congress that the former
President had requested a state funeral, and then set a date for the ceremony. The Secretary of
Defense is then designated as the representative of the incumbent President for the purpose of
making all state funeral arrangements in Washington, DC. The Secretary of Defense may
designate the Secretary of the Army as his personal representative, who may then delegate to the
commanding general of the U.S. Military District of Washington (MDW) the overall authority for
planning and implementing the funeral arrangements within Washington, DC
, and elsewhere.
58
60
The former President
’'s funeral plans are to be collected by those making the arrangements, and an
aide is to be assigned to assist the former President
’'s next of kin. Certain military honors and
traditions may be extended by the military, based on the wishes and requests made by the former
President’ President's surviving family members.
5961 A guard of honor, which is composed of members from
each of the
armed forcesArmed Forces, attends to the former President
’'s remains. If a former President dies
outside of Washington, DC, arrangements are made to return his remains to the District.
The former President
’'s remains are to lie in repose for one day,
6062 and then be moved to the
Capitol Rotunda to lie in state for an additional 24 hours.
6163 A ceremony is then traditionally held
at the Capitol, which includes the playing of a hymn and a cannon salute. A former President, as
55
Former President George H.W. Bush is eligible and may elect to receive health benefits that are appropriated
pursuant to an authority other than the Former Presidents Act.
56
Information on former Presidents and health benefits was provided electronically to CRS from GSA on February 11,
2013.
57
U.S. Headquarters of the Departments of the Army, the Navy, the Air Force, and the Treasury, “State, Official, and
Special Military Funerals,” Army Pamphlet 1-1, December 1965.
58
Ibid., p. 1.
59
The military has rendered military honors to former Presidents since the burial of George Washington on December
18, 1799, at Mount Vernon, VA.
60
For more information on the ceremony at the place of repose, see U.S. Headquarters of the Departments of the Army,
the Navy, the Air Force, and the Treasury, “State, Official, and Special Military Funerals,” pp. 12 and 14.
61
State funerals require that the former President’s remains lie in state in the Capitol Rotunda. In addition, Congress
may adopt a resolution or otherwise authorize a deceased President to lie in state in the Capitol Rotunda for a state
funeral ceremony, followed by public, closed-casket viewing.
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former Commander-in-Chief at the Capitol, which includes the playing of a hymn and a cannon salute. A former President, as former Commander-in-Chief, is also entitled to burial and ceremony in the Arlington National
Cemetery.
6264 If the former President is to be buried outside of Washington, DC, however, honors
will be rendered at the train station, terminal, or airport that serves as the point of departure for
the remains. Traditionally, a flag is draped over the former President
’'s casket. At the state funeral
service, certain additional honors may be rendered, including musical honors and gun salutes.
63 In
65 In addition, the U.S. Air Force
maymay coordinate a flyover or the
armed forcesArmed Forces may stage a cannon
salute.
64
Some 66
Potential Policy Options for Congress
Congress has the authority to reduce, increase, or maintain the pension and benefits provided to
former Presidents of the United States. Also, Congress has the ability to set limitations on the use
of this funding by former Presidents and their staff. This section considers the potential effects of
maintaining the FPA, modifying the FPA in ways similar to
H.R. 1777 and S. 1411 (both entitled H.R. 1777 (the Presidential
Allowance Modernization Act), and other policy options for consideration.
The Informal Public Role of a Former President
Currently, former Presidents are provided $96,000 for personnel compensation, a $
203205,700
pension, and as much as an additional $
788796,000 in various benefits.
6567 Former Presidents no longer
serve a formal role in the federal government, but arguably continue to perform certain informal
public roles. Some have argued that Presidents should continue to be provided access to pension
benefits because of these informal roles, such as responding to mail and interview requests.66
62
Arlington National Cemetery, “A Guide to Burial at Arlington National Cemetery,” at
http://www.arlingtoncemetery.org/funeral_information/guide.interment.html. Two former Presidents are buried in the
National Cemetery: William Howard Taft and John F. Kennedy.
63
Musical honors include the playing of “Ruffles and Flourishes,” in which drums play the ruffles and bugles play the
flourishes. Presidents receive four flourishes, the highest honor. “Hail to the Chief” is then played. One day after the
death of a former President—unless that day is a Sunday or holiday—an order is rendered that one gun be fired every
half hour from reveille to retreat. If the day after the former President’s death is a Sunday or holiday, the salute is
scheduled for the following day. On the day of the former President’s burial, a 21-minute gun salute begins at noon at
all military installations. The guns fire at one-minute intervals. Also on the day of the former President’s burial, all
military installations traditionally fire a 50-gun salute—one round per state—after the American flag is lowered. For
more information see U.S. Headquarters of the Departments of the Army, the Navy, the Air Force, and the Treasury,
“State, Official, and Special Military Funerals,” pp. 57-58; and U.S. Department of Defense, American Forces Press
Service, “Military Tradition to Be Evident in Ford Funeral Events,” December 28, 2006.
64
For example, following former President Gerald R. Ford’s death on December 26, 2006, President George W. Bush
announced by proclamation that U.S. flags on all federal facilities be flown at half-staff. Two days later, President Bush
issued E.O. 13421, which proclaimed January 2, 2007, a day of respect and remembrance for the former President and
ordered the closing of federal offices and agencies. A funeral took place in the Capitol Rotunda on December 30, 2006,
where former President Ford lay in state, with subsequent services on January 2, 2007, at Washington National
Cathedral. Funeral services for the former President were conducted on January 3, 2007, in Grand Rapids, MI, with
interment at the Gerald R. Ford Presidential Library and Museum.
65
In FY2015, George W. Bush was obligated $778,000, in health benefits, travel costs, office space, telephone costs,
postage, printing costs, other services, supplies and materials, and equipment. This was the highest amount of any
former President for that year. Information provided by GSA.
66
For example, in 1958, Representative Tom Murray provided the following remarks on the House floor:
Today the President of the United States is virtually the only officer of the Federal Government
who is not covered by some kind of retirement program. He occupies the greatest office in the
world. His duties are most trying and exacting. A former President is considered a dedicated
(continued...)
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benefits because of these informal roles, such as responding to mail and interview requests.68 Moreover, other public servants qualify for a pension—including executive, legislative, and
judicial branch employees as well as Members of Congress.
67
69
Expectations, Limitations, and Opportunities of a Former President
The FPA was enacted so former Presidents would not be forced
“"to write and lecture to gain a
livelihood in their final days.
”68"70 Yet every living former President has already published an
autobiography or presidential memoir.
6971 Pursuant to the FPA, there is only one occupation that
would result in the temporary removal of FPA pension and benefits:
“"an appointive or elective
office or position in or under the Federal Government or the government of the District of
Columbia to which is attached a rate of pay other than a nominal rate.
”70"72 No living former
President has publicly claimed to suffer financial difficulties as a result of continued public
responsibilities or otherwise.
7173 To the contrary, the living former Presidents all earned money
writing autobiographies and memoirs that focused on their presidential tenures. Some former
Presidents also reportedly earn millions of dollars each year from paid speaking engagements.
72
74
Some argue that the expectations placed on former Presidents have changed, and so too should
the pension and benefits they are provided. H.R. 1777
and S. 1411, for example, would cap a President
’s
's pension benefit at $200,000, and significantly
limitedlimit the other benefits provided. Moreover,
H.R. 1777 and S. 1411 seek toH.R.
1777 would remove $1 in federal benefits for every $1 a former President
earnedearns in excess of
$400,000.
(...continued)
statesman, available whenever desired for service to our country. The interest of the American
people in the President does not cease when his term of office has ended, nor does his responsibility
end when he retires. The public demands for speeches, conferences, and correspondence continue
after his term of office ends.
Representative Tom Murray, “Retirement, Clerical Assistants, and Free Mailing Privileges for Former Presidents of the
United States,” remarks in the House, Congressional Record, vol. 105, part 15 (August 21, 1958), p. 18941. Pursuant to
federal law, federal employees and Members of Congress must complete five years of federal service to qualify for
pension benefits. Presidents serve four-year terms, and may serve for two terms. Pursuant to the FPA, a President who
serves one term (four years) qualifies for the pension and certain benefits (excluding health care) provided to a former
President.
67
For more information on the pension and benefits provided to federal employees or Members of Congress, see CRS
Report 98-810, Federal Employees’ Retirement System: Benefits and Financing, by Katelin P. Isaacs and CRS Report
RL30631, Retirement Benefits for Members of Congress, by Katelin P. Isaacs.
68
Representative Joseph William Martin, Jr., “Retirement, Clerical Assistants, and Free Mailing Privileges for Former
Presidents of the United States,” remarks in the House, Congressional Record, vol. 104, part 15 (August 21, 1958), p.
18942.
69
See Jimmy Carter, Keeping Faith: Memoirs of a President (Fayetteville, AR: University of Arkansas Press, 1995);
George H.W. Bush, All the Best, George Bush: My Life in Letters and Other Writings (New York: Scribner, 2000); Bill
Clinton, My Life (New York: Vintage, 2005); and George W. Bush, Decision Points (New York: Broadway, 2011).
70
3 U.S.C. §102 note, “Former Presidents” (a).
71
In an interview with NBC News on May 4, 2015, former President Bill Clinton said that he would continue to give
paid speeches to “pay our bills.” See NBC News, “Bill Clinton Defends His Foundation’s Foreign Money,” at
http://www.nbcnews.com/news/us-news/bill-clinton-defends-his-foundations-foreign-money-n352981.
72
See, for example, Robert Yoon, “Clinton Surpasses $75 Million in Speech Income After Lucrative 2010,” CNN:
Political Ticker, July 11, 2001, at http://politicalticker.blogs.cnn.com/2011/07/11/clinton-surpasses-75-million-inspeech-income-after-lucrative-2010/; and Jennifer Epstein, “George W. Bush Made $15M on Speaking Circuit,”
Politico, May 21, 2011, at http://www.politico.com/news/stories/0511/55372.html.
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$400,000.
While the
billbills arguably would continue to allow current or future former Presidents from less
affluent backgrounds to live comfortably after leaving office, some may argue that reducing the
benefits provided to more affluent former Presidents could appear punitive or demonstrate that
the federal service of a President from an affluent background was less worthy than the service of
a President from less affluent means. Moreover, the
billbills may prompt privacy concerns for former
Presidents. Details of a former President
’'s earnings may not be made public, but the public would
know—from a former President
’'s qualification for or disqualification from the receipt of
benefits—whether he earned more than $400,000 per year.
Pensions of the Widows of Former Presidents
While H.R. 1777
seeks and S. 1411 seek to reduce costs associated with former Presidents, the bill includes
language that would increase the pension provided to the widow of a former President from
$20,000 to $100,000 per year. The widows of other federal employees and officials may be
eligible to receive survivor benefits, and, in some cases, may receive a pension valued greater
than the $20,000 provided annually to that of the widow of a former President.
7375 The widow of a
former President must decline other available pensions to be eligible for the $20,000.
As noted
above, Nancy Reagan, the only surviving widow of a former President, has declined the $20,000.
Congress may choose to maintain the $20,000 pension benefit authority for the widows of former
Presidents. On the other hand, Congress may determine that $20,000 annually is not the
appropriate amount for the pension of a widow of a former President. Congress has the authority
to set the pension of the widow of a former President at any value or to eliminate it.
Placing Limits on Certain Benefits
Some Members of Congress have argued that the FPA is unclear or overly permissive.
7476 Given
past congressional debates on the extent of financial assistance to former Presidents, Congress
73
For more information on the survivor benefits provided to federal employees, see CRS Report RS21029, Survivor
Benefits for Families of Civilian Federal Employees and Retirees, by Katelin P. Isaacs.
74
In the 96th Congress (1979-1980), two pieces of legislation related to presidential retirement benefits were
introduced: a concurrent resolution (H.Con.Res. 149) requesting that former President Richard Nixon pay the federal
government $66,614.03 for non-security repairs made on his San Clemente estate paid for by the federal government,
and a House bill (H.R. 7144) that would have prevented pensions to former Presidents from “exceeding 50 times the
poverty level income for one urban family of four.” Neither bill was reported from committee. In the 98th Congress
(1983-1984), Senator Lawton Chiles introduced legislation that would have prohibited former Presidents from using
their federal pension “for partisan political activities or income generating activities.” The bill’s report noted that the
increases in the staff and office allowances for former Presidents had greatly exceeded Congress’s “original
expectations” for the FPA. The “original intent” of the FPA was to ensure former Presidents have “dignified retired
lives free from the need to ‘commercialize’ and demean their status as elder statesmen.” See U.S. Congress, Senate
Committee on Governmental Affairs, Former Presidents Facilities and Services Reform Act of 1983, report to
accompany S. 563, 98th Cong., 2nd sess., (Washington, DC: GPO, 1983), p. 3. The bill was reported by the Senate
Committee on Governmental Affairs, but no further Senate action was taken. Similar bills were introduced in the 97th
(S. 1325), 98th (S. 563) and 99th (S. 1047) Congresses, but none of the bills were reported from committee. In 1988,
Senator Chiles introduced another similar bill to limit presidential allowances (S. 1647). It would have limited former
Presidents in how they could spend their pension, and would have required them to report annually to Congress on how
their pension was used. Additionally, the bill would have limited Secret Service protection to five years from the day a
President left office. The bill was not reported from committee. In addition, the Treasury, Postal Service, and General
Government Appropriations Act, 1994 (P.L. 103-123) contained a provision that amended the FPA by limiting office
allowances for former Presidents to a five-year period, beginning in 1998 (legislation enacted in 1997 repealed this
provision, and restored lifetime staff and office allowances to former Presidents). The Treasury, Postal Service, and
General Government Appropriations Act, 1995 (P.L. 103-329), included a provision that prohibited FPA funds from
(continued...)
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past congressional debates on the extent of financial assistance to former Presidents, Congress may choose to consider legislation to clarify current laws governing certain allowances provided
for in the act—for example, by limiting office space allocations. Because existing laws are
unclear on whether GSA can reject a former President
’'s choice in office size or location, rental
payments payments in FY2012 ranged from $109,000 per year for former President Carter
’'s office to
$444,000 for former President Clinton
’'s. Among the options that might be considered are placing
a spending cap on office space for a former President, mandating that a former President
’'s office
be located in owned or leased federal office buildings, placing a cap on the square footage of a
former President
’'s office space, or leaving current provisions as they are.
Additionally, Congress may choose to put limitations on the use of FPA travel benefits, for
example, for travel for political purposes. Under the law, Presidents may choose to use the funds
for any travel, including travel to campaign events. Congress may choose to amend the law to
limit the use of travel funds to political events. Defining what is meant by a political event—or
conversely, a nonpolitical event—however, may prove difficult.
(...continued)
being used “for partisan political purposes.” That language, however, applied only to appropriated funding for that
year.
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Appendix A.
Legislative History of the Former
Presidents Act
Prior to 1958, chief executives leaving office entered retirement without federal assistance. By
the end of the
19th19th century, public sentiment reportedly dictated that it was not appropriate for
former Presidents to engage actively in business affairs. Suitable post-presidency occupations
included practicing law, obtaining a university professorship, or writing for a newspaper or
magazine.
7577 Some former Presidents, like Rutherford B. Hayes, became successful entrepreneurs.
Others, like Ulysses S. Grant, suffered financial losses and had personal possessions taken by
creditors.
Andrew Carnegie
’'s Offer
In 1912, discussions began in Congress about providing former Presidents and their spouses with
annual pensions. That year, industrialist and philanthropist Andrew Carnegie reportedly offered to
fund $25,000 annual pensions for all future former Presidents and their widows until they were
provided for by the federal government.
7678 The pensions were to be funded by the Carnegie
Foundation of New York, which was founded just a year earlier.
7779 The New York Times reported
that many Members of Congress deemed it inappropriate for a private corporation to provide
pensions to former Presidents. Former President William Howard Taft publicly declined to
become the first beneficiary of Carnegie
’'s former President
’'s pension fund when he left office in
1913.
78
80
At the time, some Members of Congress and the public believed that Carnegie
’'s proposal was
intended to bring attention to the financial difficulties that some former Presidents faced after
leaving federal office.
7981 On that
countcount, Carnegie
’'s gambit was a success. In December 1912, two
bills were introduced in Congress to provide pensions for former Presidents and their widows.
The proposed
HouseHouse legislation (H.R. 26464) would have provided a $2,000 per month pension
for former Presidents, a $1,000 per month pension for widows, and a $200 per month pension for
minor children under age 21, if both parents were deceased.
8082 The bill was referred to the House
Committee on Pensions and was not reported.
LegislationLegislation introduced in the Senate (S. 7519)
would have provided a $10,000 annual retirement pension for the President as
Commander-inChief of the Army. It would also have provided an annual pension of $5,000 for the unmarried
75
Marie B. Hecht, Beyond the Presidency (New York: Macmillan Publishing Co, Inc., 1976), p. 214. According to
Hecht, the practice of law was meant to be “limited to important cases and restricted court appearances.” In 1912, the
New York Times reported that former President Rutherford B. Hayes saved money from his presidential salary and
returned to his home state of Ohio where he successfully raised chickens. Ulysses S. Grant, however, retired to New
York City and lost his money in a brokerage firm he ran with his son. Some of Grant’s possessions were confiscated
because of his financial turmoil. See “Carnegie Pension to Ex-presidents; Bars Roosevelt,” New York Times, November
22, 1912, pp. 1, 4.
76
“Carnegie Pension to Ex-Presidents; Bars Roosevelt,” New York Times, November 22, 1912, p. 1.
77
Ibid.
78
“Taft Would Refuse a Carnegie Pension,” New York Times, November 23, 1912, p. 1. As former President, Mr. Taft
taught law courses at Yale University, and later served as Chief Justice of the United States Supreme Court.
79
“Carnegie Pension to Ex-Presidents; Bars Roosevelt,” New York Times, November 22, 1912, pp. 1, 4.
80
“President’s Pension Bill In,” New York Times, December 3, 1912, p. 3; and U.S. Congress, House, Journal of the
House of Representatives of the United States, 62nd Cong., 3rd sess. (Washington, DC: GPO, 1913), p. 6.
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Commander-in-Chief of the Army. It would also have provided an annual pension of $5,000 for the unmarried widows of former Presidents.
8183 The bill was referred to the Senate Committee on Pensions, but it
was not reported.
Truman’s Finances
Truman's Finances
The idea to provide pensions to former Presidents was largely forgotten until President Harry S.
Truman left office in 1953. In view of former President Truman
’'s financial limitations in hiring an
office staff to handle his mail and requests for speeches once he left the White House, the Senate
considered legislation in 1955 to provide retirement benefits to former Presidents. The legislation
aimed
“"to maintain the dignity of that great office
”" and to prevent an ex-President from engaging
“ "in business or [an] occupation which would demean the office he has held or capitalize upon it
in any way deemed improper.
”82"84 The proposal passed the Senate, but was never acted on by the
House Committee on Post Office and Civil Service.
President Truman
’'s financial difficulties were disclosed in a 1957 letter to House Speaker Sam
Rayburn that stated if such legislation were not enacted, former President Truman would be
forced to
“"go ahead with some contracts to keep ahead of the hounds.
”83"85 Having rejected several
business proposals that were offered to him when he left the presidency in 1953, former President
Truman acknowledged his income was largely based on the sale of his father
’'s farm and the
proceeds from publication of his memoirs. In 1958, Mr. Truman became the first former President
to grant a televised interview for
“"a substantial fee
”" when he appeared in 1958 on Edward R.
Murrow’s “ Murrow's "See it Now.
”84
"86
On January 14, 1957, Senator A.S. Mike Monroney introduced S. 607 (
85th85th Congress) to provide
an annual pension of $25,000, clerical assistants, and free mailing privileges for former
Presidents.
8587 A companion bill (H.R. 4401
; 85th; 85th Congress) was introduced by Representative John
McCormack, majority leader of the House, on February 5, 1957.
8688 Both bills were strongly
supported by Senator Lyndon B. Johnson, the Democratic leader in the Senate.
87
89
Passing the Former Presidents Act
Congressional debate in favor of the proposed pension legislation emphasized that the
expenditures necessary to implement a $25,000 annual pension and office expenses for former
Presidents were modest,
“in consideration of the assurance it provides that former Presidents ...
81
“For $10,000 Presidential Pension,” New York Times, December 4, 1912, p. 5; and U.S. Congress, Senate, Journal of
the Senate of the United States of America, 62nd Cong., 3rd sess. (Washington, DC: GPO, 1912), p. 12.
82
U.S. Congress, Senate Committee on the Post Office and Civil Service, Allowances for Former Presidents and Their
Widows, report to accompany S. 1516, 84th Cong., 1st sess., April 20, 1955, S.Rept. 205 (Washington, DC: GPO, 1055),
pp. 1-2. For similar remarks, see Senator John O. Pastore, “Retirement, Clerical Assistance, and Free Mailing
Privileges for Former Presidents of the United States,” remarks in the Senate, Congressional Record, vol. 101, part 5
(May 5, 1955), p. 5731.
83
Marie B. Hecht, Beyond the Presidency, p. 187.
84
John W. Chambers, “Presidents Emeritus,” American Heritage, vol. 30, June-July 1979, at
http://www.americanheritage.com/content/presidents-emeritus?page=5. According to Chambers, the public was largely
unaware that Truman received payment to appear on the program.
85
“Bills and Joint Resolutions Introduced,” Congressional Record, vol. 103, part 1 (January 14, 1957), p. 480.
86
“Bills and Joint Resolutions Introduced,” Congressional Record, vol. 103, part 2 (February 15, 1957), p. 1573.
87
Marie B. Hecht, Beyond the Presidency, pp. 187-188.
Congressional Research Service
21
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
"in consideration of the assurance it provides that former Presidents ... will not want either for a matter of subsistence or for the necessary clerical employees to answer
the letters of the public.
”88"90 The House Committee on Post Office and Civil Service reported the
bill, saying it would
“"avoid the possibility of indignities and of deterioration in public and world
regard for the office of the President of the United States.
”89"91 The amount of the proposed pension
for former Presidents was based on comparable pensions accorded five-star generals.
9092 Majority
Leader John McCormack stated that the proposed retirement allowances provided recognition and
gratitude for a former President
’'s service to his country, which did not end with his term of office.
He and others urged favorable consideration of S. 607 to authorize retirement benefits for an
outgoing President. Congressman Chester
“Chet”"Chet" Holifield advocated for the bill by stressing the
“burden” "burden" of duties placed on an ex-President who can receive
“"100 to 400 letters a day
”" and
“300
"300 to 400 invitations a month to speak.
”" Holifield added that passing the bill was
“"something that
we, the greatest Republic in the world, can do to show that we have respect for the office of
President and that we recognize the duties and responsibilities that he has to carry on after he
leaves that office.
”91
"93
S. 607, as introduced, provided that the compensation for an administrative assistant, secretary,
and other clerical assistants for each former President should not exceed the aggregate amount
authorized for the staff of the Senators from the least populous state, which at the time was
$100,000.
9294 During House debate on S. 607, however, it was argued that the staffing provision of
the proposed legislation could involve salaries totaling as much as $120,000 for each former
President’ President's office, depending on the individual salary paid to each staff person. House and Senate
conferees believed that even $100,000 was excessive, and imposed a $50,000 limitation on the
total compensation authorized for a former President
’'s office staff.
9395 The bill also originally
authorized the GSA administrator to furnish suitable office space for each former President in a
federal building
“"at such place within the United States as the former President shall specify.
”
" The conference committee deleted the reference to
“"federal building,
”" allowing GSA to furnish
suitable office space for a former President in non-federal office space.
94
96
Despite strong support by the leadership of both the House and the Senate, opposition to the
concept of providing benefits to former Presidents persisted. In an effort to bring their dissenting
views
“"to the attention of the Members of the House of Representatives and of the American
public,
” seven members of the House Committee on Post Office and Civil Service prepared a
88
U.S. Congress, House Committee on Post Office and Civil Service, Retirement, Staff Assistants, and Mailing
Privileges for Former Presidents and Annuities for Widows of Former Presidents, report to accompany S. 607, 85th
Cong., 2nd sess., H.Rept. 2200 (Washington, DC: GPO, 1958), p. 4. See also Senate Hearing Before the Committees on
Appropriations and Governmental Affairs, Cost of Former President to U.S. Taxpayers, Fiscal Year 1980, 96th Cong.,
1st sess., (Washington, DC: GPO, 1980), p. 236.
89
U.S. Congress, House Committee on Post Office and Civil Service, Former Presidents—Retirement, Clerical
Assistants, and Free Mailing Privileges, report to accompany S. 607, 85th Cong., 2nd sess., H.Rept. 2200. Also available
in the U.S. Congress, Senate Hearing Before the Committees on Appropriations and Governmental Affairs, Cost of
Former President to U.S. Taxpayers, Fiscal Year 1980, 96th Cong., 1st sess., (Washington, DC: GPO, 1980), p. 235.
90
“Retirement for Former Presidents,” remarks in the House, Congressional Record, vol. 104, part 12 (July 30, 1958),
p. 15624. See also Senate Hearing Before the Committees on Appropriations and Governmental Affairs, Cost of
Former Presidents to U.S. Taxpayers, Fiscal Year 1980, 96th Cong., 1st sess., (Washington, DC: GPO, 1980), p. 247.
91
“Retirement for Former Presidents,” remarks in the House, Congressional Record, vol. 104, part 12 (July 30, 1958),
p. 15632, and in Cost of Former Presidents to U.S. Taxpayers, p. 255.
92
“Retirement, Clerical Assistants, and Free Mailing Privileges for Former Presidents,” House debate, Congressional
Record, vol. 104, part 15 (August 21, 1958), pp. 18940-18941.
93
Ibid., p. 18941.
94
Ibid.
Congressional Research Service
22
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
" seven members of the House Committee on Post Office and Civil Service prepared a formal report on why they opposed authorizing presidential retirement benefits.
9597 They argued
that no adequate need or justification to provide such benefits existed, and that enactment of S.
607 would create a
“"separate entity
”" for former Presidents, with
“"an aura of official standing
”" and
a “ a "wholly undefined relationship to the constitutional functions of the [f]ederal [g]overnment.
”96
"98
Equally problematic for the seven dissenting Members was the
“"unprecedented vagueness
”" of the
proposed legislation
’'s provisions for staff and office allowances, which created
“"wide and
dangerous loopholes.
”97"99 The Members were also concerned about the provision to provide each
former President with suitable furnishings in an office space that could be located anywhere
within the United States. Such a broad provision, the dissenting Members argued, took into
account only the proposed costs for providing allowances to the two surviving former
Presidents—Herbert Hoover and Truman—and overlooked potential future costs that could be
incurred as subsequent Presidents began receiving pension benefits after leaving office.
98
100
S. 607, as amended, was approved by the Senate on August 16, 1958; passed by the House on
August 21, 1958; and signed into law by President Dwight D. Eisenhower on August 25, 1958.
99
101 As enacted, the Former Presidents Act (FPA) provided each former President an annual taxable
allowance of $25,000, payable monthly by the Secretary of the Treasury. The GSA administrator
was authorized by the FPA to provide and fund an office staff and suitable office space,
“ "appropriately furnished and equipped,
”" at a location within the United States designated by a
former President. The former President
’'s staff would not be considered federal employees, but
would be entitled to health care and benefits of federal employees. The FPA also authorized free
mailing privileges for former Presidents. Pursuant to the act, the widow of a former President also
was provided an annual pension of $10,000, if she waived the right to any annuity or pension
authorized under any other legislation.100
95
U.S. Congress, House Committee on Post Office and Civil Service, Retirement, Staff Assistants, and Mailing
Privileges for Former Presidents and Annuities for Widows of Former Presidents, report to accompany S. 607, 85th
Cong., 2nd sess., H.Rept. 2200, Part 2 (Washington, DC: GPO, 1958), p. 1.
96
Ibid., pp. 1-2.
97
Ibid., p. 4.
98
Ibid., pp. 2-3.
99
72 Stat. 838.
100
In 1971, the FPA was amended (84 Stat. 1963) to provide the widow of a former President a $20,000 taxable annual
pension, to be paid monthly by the Secretary of the Treasury. The widow’s pension begins on the day after the former
President’s death, and would end with death or remarriage before reaching 60 years of age. The FPA prohibits pension
benefits to a former President’s widow while he or she holds an appointive or elective office or position in the federal
government or District of Columbia and receives a rate of pay other than a “nominal rate.” To be eligible for the FPA
pension, a former President’s widow must waive the right to any annuity or pension available pursuant to other
legislation. Nancy Reagan, Barbara Bush, and Laura Bush, according to GSA, did not waive their rights to other
statutorily available annuities or pensions, and therefore do not receive the annual pension.
Congressional Research Service
23
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Appendix B. authorized under any other legislation.102
Appendix B.
Post-Presidential Lifespans
Table B-1 shows the post-presidential retirement periods for the 30 Presidents who survived the
presidency and who subsequently died.
101103 Former President Jimmy Carter is the former President
with the longest post-presidential lifespan (
nearlymore than 35 years). The shortest presidential retirement
period was James K. Polk
’'s 103 days. On average, former Presidents who have subsequently died
have lived about 13 years (4,720 days) after leaving office.
Table B-1. Retirement Period of Former Presidents After Leaving Office
Retirement Period
President
Date Left Office
Date of Death
Days
Years
George Washington
March 4, 1797
December 14, 1799
1,015
2.78
John Adams
March 4, 1801
July 4, 1826
9,253
25.33
Thomas Jefferson
March 4, 1809
July 4, 1826
6,331
17.33
James Madison
March 4, 1817
June 28, 1836
7,056
19.32
James Monroe
March 4, 1825
July 4, 1831
2,313
6.33
John Quincy Adams
March 4, 1829
February 23, 1848
6,930
18.97
Andrew Jackson
March 4, 1837
June 8, 1845
3,018
8.26
Martin Van Buren
March 4, 1841
July 24, 1862
7,812
21.39
John Tyler
March 4, 1845
January 18, 1862
6,164
16.89
James K. Polk
March 4, 1849
June 15, 1849
103
0.28
Millard Fillmore
March 4, 1853
March 8, 1874
7,643
20.94
Franklin Pierce
March 4, 1857
October 8, 1869
4,601
12.60
James Buchanan
March 4, 1861
June 1, 1868
2,646
7.24
Andrew Johnson
March 4, 1869
July 31, 1875
2,340
6.41
Ulysses S. Grant
March 4, 1877
July 23, 1885
3,063
8.39
Rutherford B. Hayes
March 4, 1881
January 17, 1893
4,337
11.87
Chester A. Arthur
March 4, 1885
November 18, 1886
624
1.71
Grover Clevelanda
March 4, 1889
June 24, 1908
—
—
Benjamin Harrison
March 4, 1893
March 13, 1901
2,930
8.02
Grover Cleveland
March 4, 1897
June 24, 1908
4,129
11.30b
Theodore Roosevelt
March 4, 1909
January 6, 1919
3,595
9.84
William Howard Taft
March 4, 1913
March 8, 1930
6,213
17.01
Woodrow Wilson
March 4, 1921
February 3, 1924
1,066
2.92
101
Grover Cleveland served two non-consecutive terms, and is, therefore, included twice in the table. Eight Presidents
died while in office—William Henry Harrison, Zachary Taylor, Abraham Lincoln, James A. Garfield, William
McKinley, Warren G. Harding, Franklin Delano Roosevelt, and John F. Kennedy—and are, therefore, not included in
this table.
Congressional Research Service
24
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
Retirement Period
President
Date Left Office
Date of Death
Days
Years
Calvin Coolidge
March 4, 1929
January 5, 1933
1,403
3.84
Herbert Hoover
March 4, 1933
October 20, 1964
11,553
31.63
Harry S. Truman
January 20, 1953
December 26, 1972
7,280
19.93
Dwight D. Eisenhower
January 20, 1961
March 28, 1969
2,989
8.18
Lyndon B. Johnson
January 20, 1969
January 22, 1973
1,463
4.01
Richard Nixon
August 9, 1974
April 22, 1994
7,196
19.70
Gerald Ford
January 20, 1977
December 26, 2006
10,932
29.93
Jimmy Carter
January 20, 1981
—
Ronald Reagan
January 20, 1989
June 4, 2004
5,614
15.37
George H.W. Bush
January 20, 1993
—
Bill Clinton
January 20, 2001
—
George W. Bush
January 20, 2009
—
4,720.4
12.924
Average retirement period after leaving office for deceased presidents:
Source: Dates are available from The White House, “Presidents of the United States,” at
Table B-1. Retirement Period of Former Presidents After Leaving Office
Retirement Period
|
President
|
Date Left Office
|
Date of Death
|
Days
|
Years
|
George Washington
|
March 4, 1797
|
December 14, 1799
|
1,015
|
2.78
|
John Adams
|
March 4, 1801
|
July 4, 1826
|
9,253
|
25.33
|
Thomas Jefferson
|
March 4, 1809
|
July 4, 1826
|
6,331
|
17.33
|
James Madison
|
March 4, 1817
|
June 28, 1836
|
7,056
|
19.32
|
James Monroe
|
March 4, 1825
|
July 4, 1831
|
2,313
|
6.33
|
John Quincy Adams
|
March 4, 1829
|
February 23, 1848
|
6,930
|
18.97
|
Andrew Jackson
|
March 4, 1837
|
June 8, 1845
|
3,018
|
8.26
|
Martin Van Buren
|
March 4, 1841
|
July 24, 1862
|
7,812
|
21.39
|
John Tyler
|
March 4, 1845
|
January 18, 1862
|
6,164
|
16.89
|
James K. Polk
|
March 4, 1849
|
June 15, 1849
|
103
|
0.28
|
Millard Fillmore
|
March 4, 1853
|
March 8, 1874
|
7,643
|
20.94
|
Franklin Pierce
|
March 4, 1857
|
October 8, 1869
|
4,601
|
12.60
|
James Buchanan
|
March 4, 1861
|
June 1, 1868
|
2,646
|
7.24
|
Andrew Johnson
|
March 4, 1869
|
July 31, 1875
|
2,340
|
6.41
|
Ulysses S. Grant
|
March 4, 1877
|
July 23, 1885
|
3,063
|
8.39
|
Rutherford B. Hayes
|
March 4, 1881
|
January 17, 1893
|
4,337
|
11.87
|
Chester A. Arthur
|
March 4, 1885
|
November 18, 1886
|
624
|
1.71
|
Grover Clevelanda
March 4, 1889
|
June 24, 1908
|
—
|
—
|
Benjamin Harrison
|
March 4, 1893
|
March 13, 1901
|
2,930
|
8.02
|
Grover Cleveland
|
March 4, 1897
|
June 24, 1908
|
4,129
|
11.30b
Theodore Roosevelt
|
March 4, 1909
|
January 6, 1919
|
3,595
|
9.84
|
William Howard Taft
|
March 4, 1913
|
March 8, 1930
|
6,213
|
17.01
|
Woodrow Wilson
|
March 4, 1921
|
February 3, 1924
|
1,066
|
2.92
|
Calvin Coolidge
|
March 4, 1929
|
January 5, 1933
|
1,403
|
3.84
|
Herbert Hoover
|
March 4, 1933
|
October 20, 1964
|
11,553
|
31.63
|
Harry S. Truman
|
January 20, 1953
|
December 26, 1972
|
7,280
|
19.93
|
Dwight D. Eisenhower
|
January 20, 1961
|
March 28, 1969
|
2,989
|
8.18
|
Lyndon B. Johnson
|
January 20, 1969
|
January 22, 1973
|
1,463
|
4.01
|
Richard Nixon
|
August 9, 1974
|
April 22, 1994
|
7,196
|
19.70
|
Gerald Ford
|
January 20, 1977
|
December 26, 2006
|
10,932
|
29.93
|
Jimmy Carter
|
January 20, 1981
|
—
|
Ronald Reagan
|
January 20, 1989
|
June 4, 2004
|
5,614
|
15.37
|
George H. W. Bush
|
January 20, 1993
|
—
|
Bill Clinton
|
January 20, 2001
|
—
|
George W. Bush
|
January 20, 2009
|
—
|
Average retirement period after leaving office for deceased Presidents:
|
4,720.4
|
12.924
|
Source: Dates are available from The White House, "Presidents of the United States," at http://www.whitehouse.gov/history/presidents/. For former Presidents who died prior to 1900, the length of life
after leaving office was calculated using Duke University
’'s Date Calculator page, which is available at
http://cgi.cs.duke.edu/~des/datecalc/datecalc.cgi. For former Presidents whose deaths occurred after 1900, CRS
used Excel to calculate length of life after leaving office. Excel cannot calculate the number of days between dates
prior to January 1, 1900. According to Excel
’'s operating documents,
“"Excel stores dates as sequential serial
numbers so that they can be used in calculations. By default, January 1, 1900 is serial number 1, and January 1,
2008 is serial number 39448 because it is 39,448 days after January 1, 1900.
”" Years in the post-presidency are
calculated by dividing the days by 365. Leap years, therefore, are not included in this calculation.
a.
a.
Grover Cleveland was elected to the presidency two different times, not in succession. He lived 11 years,
112 days after the end of his second term.
b.
b.
This figure excludes the four years between President Cleveland
’s first and second terms.
Author Contact Information
Wendy Ginsberg
Analyst in American National Government
wginsberg@crs.loc.gov, 7-3933
Daniel J. Richardson
Research Assistant
drichardson@crs.loc.gov, 7-2389
Acknowledgments
This report draws upon and supersedes CRS Report 98-249, Former Presidents: Federal Pension and
Retirement Benefits, by Stephanie Smith.
Congressional Research Service
25
's first and second terms.
Author Contact Information
[author name scrubbed], Analyst in American National Government
([email address scrubbed], [phone number scrubbed])
Acknowledgments
[author name scrubbed], a former research assistant, contributed to this report. This report draws up on and supersedes CRS Report. 98-249, Former Presidents: Federal Pension and Retirement Benefits, by [author name scrubbed].
Footnotes
1.
|
President Andrew Johnson served as a Senator after his presidency. President Taft served as Chief Justice of the U.S. Supreme Court after his presidency. John Quincy Adams served nine terms in the House after his presidency. President Grover Cleveland can also be said to have won federal elected office after leaving the presidency. He is the only President to serve non-consecutive terms. President Cleveland was first elected to the presidency in 1884 and was inaugurated on March 4, 1885. After losing the 1888 election to Benjamin Harrison, President Cleveland won the 1892 election and was again inaugurated as President on March 4, 1893.
|
2.
|
This report uses masculine pronouns to refer to former Presidents because they have all been men.
|
3.
|
Appropriations for the Former Presidents Act are made for the fiscal year (October 1 through September 30 for each year). Pay increases for federal employees, in contrast, follow the calendar year. Former Presidents Act appropriations, therefore, must anticipate a potential pay increase that may begin three months into the fiscal year. Pension data provided later in this report includes costs incurred during both calendar year 2015 and 2016.
|
4.
|
Ibid.
|
5.
|
This report provides some additional information on the transition benefits provided to the former President. For analysis of the Presidential Transition Act, see CRS Report RS22979, Presidential Transition Act: Provisions and Funding, by [author name scrubbed].
|
6.
|
18 U.S.C. §3056.
|
7.
|
P.L. 103-329, §530(a).
|
8.
|
On September 26, 2008, legislation (P.L. 110-326; 122 Stat. 3560) that extends U.S. Secret Service protection to a Vice President, his or her spouse, and his or her children who are under 16 years old for up to six months after leaving office was enacted. Previous to the bill's enactment, Secret Service protection for a Vice President and his or her family was provided on an ad hoc basis.
|
9.
|
Former first ladies maintain Secret Service protection until their deaths or divorce from the former President. If a former first lady outlives her husband, she either maintains Secret Services protection until her death or until she remarries.
|
10.
|
Rep. Chaffetz introduced bills identical to H.R. 1777 in the 112th Congress (H.R. 4093) and the 113th Congress (H.R. 248). Both bills were introduced and referred to the House Committee on Oversight and Government Reform. No further action was taken on either H.R. 4093 or H.R. 248.
|
11.
|
U.S. Congress, House Committee on Oversight and Government Reform, "May 19, 2015 – Business Meeting," at https://oversight.house.gov/markup/may-19-2015-business-meeting/, around 17:30.
|
12.
|
U.S. Congress, House Committee on Oversight and Government Reform, Presidential Allowance Modernization Act, report to accompany H.R. 1777, 114th Cong., 1st sess., July 16, 2015, H.Rept. 114-209 (Washington: GPO, 2015), p. 4.
|
13.
|
Congressional Budget Office, H.R. 1777 Presidential Allowance Modernization Act, Washington , DC, June 22, 2015, at https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/costestimate/hr17770.pdf.
|
14.
|
Ibid., p. 2. The score does not state which two former Presidents are included in that estimate.
|
15.
|
See, for example, Rep. Jason Chaffetz, "Reps. Chaffetz, Altmire, and Gowdy Introduce Cost-saving Presidential Allowance Modernization Act," press release, February 28, 2012, at http://chaffetz.house.gov/press-release/reps-chaffetz-altmire-and-gowdy-introduce-cost-saving-presidential-allowance.
|
16.
|
Ibid.
|
17.
|
See, Dom Bonafede, "Life After the Oval Office: Caring For Ex-Presidents Can Cost a Bundle," The National Journal, August 31, 1985, p. 1945.
|
18.
|
The pension contribution and accrual rates for British members of Parliament vary based on certain decisions of the member. Djuna Thurley et al., House of Commons Library, "Public Service Pensions Bill, Bill No. 70 of 2012-13," October 16, 2012, pp. 66-68. Between 1937 and 2013, Britain's former prime ministers received a pension equal to half of their ministerial salary. They also received an office, secretarial support, and a car and driver. Djuna Thurley, House of Commons Library, "Pensions of ministers and senior office holders," October 18, 2012, pp. 13-15.
|
19.
|
Bill C-46. The prime minister's pension is furthermore capped at two-thirds of the PM's salary.
|
20.
|
In the parliamentary political system, the prime minister is also a member of Parliament. Pension Reform Act, R.S.C., 2012, c. 22, at http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5811436&File=4. Previously, a prime minister was eligible to receive the same pension as a former member of Parliament and roughly two-thirds of his or her prime minister salary. (Members of Parliament Retiring Allowances Act, R.S.C. 1992, c. 46, s. 81). Under current Canadian law, members of Parliament must serve at least six years to be eligible for pension benefits. A prime minister must serve at least four years or be at least 65 years old to be eligible for pension benefits.
|
21.
|
3 U.S.C. §102 note, "Former Presidents"; 72 Stat. 838.
|
22.
|
10 U.S.C. §3056.
|
23.
|
Greater detail on the office space and costs provided to each former President are provided in Table 3 later in this report. Information provided electronically to CRS by GSA on February 4, 2014.
24.
|
According to data from GSA, President George H. W. Bush's pension (Executive Level I pay), office space, and other costs have increased over the past 20 years.
|
25.
|
3 U.S.C. §102 note; PTA. For more information, see CRS Report RS22979, Presidential Transition Act: Provisions and Funding, by [author name scrubbed], Presidential Transition Act: Provisions and Funding, by [author name scrubbed].
|
26.
|
Ibid., §4.
|
27.
|
Ibid., §6(a). According to General Accounting Office (now the Government Accountability Office) audits of Presidential Transition Act spending, the transition funds have been used to provide suitable office space, staff compensation, communications services, and printing and postage associated with the transition. See, for example, U.S. General Accounting Office, Audit of Reagan Presidential Transition Expenditures, GGD-81-50, March 2, 1981, p. 3, at http://gao.gov/assets/140/134036.pdf; and U.S. General Accounting Office, Audit of Ford-Carter Presidential Transition Expenses, GGD-78-36, December 23, 1977, pp. 2-3, at http://gao.gov/assets/130/122685.pdf.
|
28.
|
Ibid.
|
29.
|
Ibid., §6(b).
|
30.
|
P.L. 111-8; 123 Stat. 643.
|
31.
|
U.S. Office of Management and Budget, The Budget for Fiscal Year 2017, commonly referred to as the President's budget request, Washington, DC, February 2016, pp. 1178-1179, at https://www.whitehouse.gov/sites/default/files/omb/budget/fy2017/assets/gsa.pdf.
|
32.
|
Executive Office of the President, Congressional Budget Submission: Fiscal Year 2017, Washington, DC, 2016, pp. AS-3, at https://www.whitehouse.gov/sites/default/files/docs/fy2017eopbudgetfinalelectronic.pdf.
|
33.
|
U.S. Department of Justice, Office of Assistant Attorney General, letter to the Administrator of the General Services Administration from Mary C. Lawton, Acting Assistant Attorney General, Office of Legal Counsel, Washington, DC, August 15, 1974.
|
34.
|
3 U.S.C. §102 note. See also U.S. General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office and Security Costs and Other Information, September 2001, p. 9 at http://www.gao.gov/new.items/d01983.pdf.
|
35.
|
U.S. General Accounting Office, Costs Associated with Former Presidents and Their Dependents, GAO/GGD-85-68, September 26, 1985, p. 6, at http://www.gao.gov/assets/150/143450.pdf. GAO does not clarify what the Cabinet-level office standard is.
|
36.
|
The Presidential Transition Act, as amended (3 U.S.C. §102 note, PTA) provides office benefits for the first six months after a former President leaves office. FPA office and staff benefits, therefore, begin six months after the former President has left office—when the transition benefits cease.
|
37.
|
Ibid. The separate $150,000 compensation level for the initial 30-month period was established in 1977 (P.L. 95-138; 91 Stat. 1170). The 30-month period begins July 20th of the first year the former President leaves office. See U.S. General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office and Security Costs and Other Information, September 2001, p. 16. The former President can hire as many employees as he would like, provided their aggregated pay does not exceed the $150,000 cap.
|
38.
|
In 1964, the FPA was amended to increase the aggregate rates of staff compensation from $50,000 to $65,000 (P.L. 88-426; 78 Stat. 412); to $80,000 in 1967 (P.L. 90-206; 81 Stat. 642); and to $96,000 in 1970 (84 Stat. 198).
|
39.
|
3 U.S.C. §102 note, "Former Presidents" (b). According to a GAO report, staff members of a former President "can receive federal compensation, [but] they are not considered federal employees. They are, however, eligible for certain federal benefits such as retirement and health insurance." See U.S. General Accounting Office, GAO Report GAO-01-983, Former Presidents: Office and Security Costs and Other Information, September 2001, p. 16. The 2014 Executive Schedule is available at U.S. Office of Personnel Management, "Salary Table No.2014-EX," at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2014/EX.pdf.
|
40.
|
A former President must use personal or private foundation funds to pay staff if the cost is greater than the $96,000 statutory cap.
|
41.
|
Information provided electronically to CRS from GSA on August 8, 2008.
|
42.
|
3 U.S.C. §102 note, "Former Presidents" (g).
|
43.
|
FY1969 Supplemental Appropriations Act (P.L. 90-608; 82 Stat. 1192).
|
44.
|
For more information on the Secret Service and their protection of former Presidents and other officials, see CRS Report RL34603, The U.S. Secret Service: History and Missions, by [author name scrubbed].
|
45.
|
18 U.S.C. §3056. The original statute (P.L. 87-829; 76 Stat. 956) limited Secret Service protection to "a reasonable period after he leaves office." The following year, 1963, a new statute (P.L. 88-195; 77 Stat. 348) authorized the Secret Service to protect Jacqueline Kennedy, the widow of President John F. Kennedy, and their two children for "not in excess of two years."
|
46.
|
If a President dies while in office, a spouse may receive Secret Service protection for one year. 18 U.S.C. §3056(3)(B).
|
47.
|
In 1965, the FPA was amended (P.L. 89-186; 79 Stat. 791) to provide "protection of the person of a former President and his wife during his lifetime and the person of a widow and minor children of a former President for a period of four years after he leaves or dies in office."
|
48.
|
P.L. 98-587; 98 Stat. 3110.
|
49.
|
P.L. 110-326; 122 Stat. 3560.
|
50.
|
P.L. 103-329; 108 Stat. 2413.
|
51.
|
The 10-year limit on Secret Service protection applied to former Presidents' spouses unless Secret Service protection was terminated earlier because the spouse divorced the former President or the spouse remarried following the death of the former President.
|
52.
|
18 U.S.C. §3056. Pursuant to 18 U.S.C. §879, a person who makes threats against a former President or his immediate family member can be fined or imprisoned for up to five years.
|
53.
|
Former President Richard Nixon discontinued Secret Service protection for himself and his wife, Pat, more than 10 years after his resignation from office. See Philip H. Melanson, The Secret Service: The Hidden History of an Enigmatic Agency (New York, NY: Carroll & Graff, 2005), p. 163.
|
54.
|
Information provided via telephone from the Secret Service to the author on February 11, 2013. Total Secret Service appropriations for protection of "persons and facilities" is available in CRS Report RL34603, The U.S. Secret Service: History and Missions, by [author name scrubbed], p. 4.
|
55.
|
5 U.S.C. §8905(a).
|
56.
|
Defined in 5 U.S.C. §8901(3).
|
57.
|
Former President George H. W. Bush is eligible and may elect to receive health benefits that are appropriated pursuant to an authority other than the Former Presidents Act.
|
58.
|
Information on former Presidents and health benefits was provided electronically to CRS from GSA on February 11, 2013.
|
59.
|
U.S. Headquarters of the Departments of the Army, the Navy, the Air Force, and the Treasury, "State, Official, and Special Military Funerals," Army Pamphlet 1-1, December 1965.
|
60.
|
Ibid., p. 1.
|
61.
|
The military has rendered military honors to former Presidents since the burial of George Washington on December 18, 1799, at Mount Vernon, VA.
|
62.
|
For more information on the ceremony at the place of repose, see U.S. Headquarters of the Departments of the Army, the Navy, the Air Force, and the Treasury, "State, Official, and Special Military Funerals," pp. 12 and 14.
|
63.
|
State funerals require that the former President's remains lie in state in the Capitol Rotunda. In addition, Congress may adopt a resolution or otherwise authorize a deceased President to lie in state in the Capitol Rotunda for a state funeral ceremony, followed by public, closed-casket viewing.
|
64.
|
Arlington National Cemetery, "A Guide to Burial at Arlington National Cemetery," at http://www.arlingtoncemetery.org/funeral_information/guide.interment.html. Two former Presidents are buried in the National Cemetery: William Howard Taft and John F. Kennedy.
|
65.
|
Musical honors include the playing of "Ruffles and Flourishes," in which drums play the ruffles and bugles play the flourishes. Presidents receive four flourishes, the highest honor. "Hail to the Chief" is then played. One day after the death of a former President—unless that day is a Sunday or holiday—an order is rendered that one gun be fired every half hour from reveille to retreat. If the day after the former President's death is a Sunday or holiday, the salute is scheduled for the following day. On the day of the former President's burial, a 21-minute gun salute begins at noon at all military installations. The guns fire at one-minute intervals. Also on the day of the former President's burial, all military installations traditionally fire a 50-gun salute—one round per state—after the American flag is lowered. For more information see U.S. Headquarters of the Departments of the Army, the Navy, the Air Force, and the Treasury, "State, Official, and Special Military Funerals," pp. 57-58; and U.S. Department of Defense, American Forces Press Service, "Military Tradition to Be Evident in Ford Funeral Events," December 28, 2006.
|
66.
|
For example, following former President Gerald R. Ford's death on December 26, 2006, President George W. Bush announced by proclamation that U.S. flags on all federal facilities be flown at half-staff. Two days later, President Bush issued E.O. 13421, which proclaimed January 2, 2007, a day of respect and remembrance for the former President and ordered the closing of federal offices and agencies. A funeral took place in the Capitol Rotunda on December 30, 2006, where former President Ford lay in state, with subsequent services on January 2, 2007, at Washington National Cathedral. Funeral services for the former President were conducted on January 3, 2007, in Grand Rapids, MI, with interment at the Gerald R. Ford Presidential Library and Museum.
|
67.
|
In FY2015, George W. Bush was obligated $796,000, in health benefits, travel costs, office space, telephone costs, postage, printing costs, other services, supplies and materials, and equipment. This was the highest amount of any former President for that year. Information provided by GSA.
|
68.
|
For example, in 1958, Rep. Tom Murray provided the following remarks on the House floor:
Today the President of the United States is virtually the only officer of the Federal Government who is not covered by some kind of retirement program. He occupies the greatest office in the world. His duties are most trying and exacting. A former President is considered a dedicated statesman, available whenever desired for service to our country. The interest of the American people in the President does not cease when his term of office has ended, nor does his responsibility end when he retires. The public demands for speeches, conferences, and correspondence continue after his term of office ends.
Rep. Tom Murray, "Retirement, Clerical Assistants, and Free Mailing Privileges for Former Presidents of the United States," remarks in the House, Congressional Record, vol. 105, part 15 (August 21, 1958), p. 18941. Pursuant to federal law, federal employees and Members of Congress must complete five years of federal service to qualify for pension benefits. Presidents serve four-year terms, and may serve for two terms. Pursuant to the FPA, a President who serves one term (four years) qualifies for the pension and certain benefits (excluding health care) provided to a former President.
|
69.
|
For more information on the pension and benefits provided to federal employees or Members of Congress, see CRS Report 98-810, Federal Employees' Retirement System: Benefits and Financing, by [author name scrubbed] and CRS Report RL30631, Retirement Benefits for Members of Congress, by [author name scrubbed].
|
70.
|
Rep. Joseph William Martin, Jr., "Retirement, Clerical Assistants, and Free Mailing Privileges for Former Presidents of the United States," remarks in the House, Congressional Record, vol. 104, part 15 (August 21, 1958), p. 18942.
|
71.
|
See Jimmy Carter, Keeping Faith: Memoirs of a President (Fayetteville, AR: University of Arkansas Press, 1995); George H. W. Bush, All the Best, George Bush: My Life in Letters and Other Writings (New York: Scribner, 2000); Bill Clinton, My Life (New York: Vintage, 2005); and George W. Bush, Decision Points (New York: Broadway, 2011).
|
72.
|
3 U.S.C. §102 note, "Former Presidents" (a).
|
73.
|
In an interview with NBC News on May 4, 2015, former President Bill Clinton said that he would continue to give paid speeches to "pay our bills." See NBC News, "Bill Clinton Defends His Foundation's Foreign Money," at http://www.nbcnews.com/news/us-news/bill-clinton-defends-his-foundations-foreign-money-n352981.
|
74.
|
See, for example, Robert Yoon, "Clinton Surpasses $75 Million in Speech Income After Lucrative 2010," CNN: Political Ticker, July 11, 2001, at http://politicalticker.blogs.cnn.com/2011/07/11/clinton-surpasses-75-million-in-speech-income-after-lucrative-2010/; and Jennifer Epstein, "George W. Bush Made $15M on Speaking Circuit," Politico, May 21, 2011, at http://www.politico.com/news/stories/0511/55372.html.
75.
|
For more information on the survivor benefits provided to federal employees, see CRS Report RS21029, Survivor Benefits for Families of Civilian Federal Employees and Retirees, by [author name scrubbed].
|
76.
|
In the 96th Congress (1979-1980), two pieces of legislation related to presidential retirement benefits were introduced: a concurrent resolution (H.Con.Res. 149) requesting that former President Richard Nixon pay the federal government $66,614.03 for non-security repairs made on his San Clemente estate paid for by the federal government, and a House bill (H.R. 7144) that would have prevented pensions to former Presidents from "exceeding 50 times the poverty level income for one urban family of four." Neither bill was reported from committee. In the 98th Congress (1983-1984), Sen. Lawton Chiles introduced legislation that would have prohibited former Presidents from using their federal pension "for partisan political activities or income generating activities." The bill's report noted that the increases in the staff and office allowances for former Presidents had greatly exceeded Congress's "original expectations" for the FPA. The "original intent" of the FPA was to ensure former Presidents have "dignified retired lives free from the need to 'commercialize' and demean their status as elder statesmen." See U.S. Congress, Senate Committee on Governmental Affairs, Former Presidents Facilities and Services Reform Act of 1983, report to accompany S. 563, 98th Cong., 2nd sess., (Washington, DC: GPO, 1983), p. 3. The bill was reported by the Senate Committee on Governmental Affairs, but no further Senate action was taken. Similar bills were introduced in the 97th (S. 1325), 98th (S. 563) and 99th (S. 1047) Congresses, but none of the bills were reported from committee. In 1988, Sen. Chiles introduced another similar bill to limit presidential allowances (S. 1647). It would have limited former Presidents in how they could spend their pension, and would have required them to report annually to Congress on how their pension was used. Additionally, the bill would have limited Secret Service protection to five years from the day a President left office. The bill was not reported from committee. In addition, the Treasury, Postal Service, and General Government Appropriations Act, 1994 (P.L. 103-123) contained a provision that amended the FPA by limiting office allowances for former Presidents to a five-year period, beginning in 1998 (legislation enacted in 1997 repealed this provision, and restored lifetime staff and office allowances to former Presidents). The Treasury, Postal Service, and General Government Appropriations Act, 1995 (P.L. 103-329), included a provision that prohibited FPA funds from being used "for partisan political purposes." That language, however, applied only to appropriated funding for that year.
|
77.
|
Marie B. Hecht, Beyond the Presidency (New York: Macmillan Publishing Co, Inc., 1976), p. 214. According to Hecht, the practice of law was meant to be "limited to important cases and restricted court appearances." In 1912, the New York Times reported that former President Rutherford B. Hayes saved money from his presidential salary and returned to his home state of Ohio where he successfully raised chickens. Ulysses S. Grant, however, retired to New York City and lost his money in a brokerage firm he ran with his son. Some of Grant's possessions were confiscated because of his financial turmoil. See "Carnegie Pension to Ex-presidents; Bars Roosevelt," New York Times, November 22, 1912, pp. 1, 4.
|
78.
|
"Carnegie Pension to Ex-Presidents; Bars Roosevelt," New York Times, November 22, 1912, p. 1.
|
79.
|
Ibid.
|
80.
|
"Taft Would Refuse a Carnegie Pension," New York Times, November 23, 1912, p. 1. As former President, Mr. Taft taught law courses at Yale University, and later served as Chief Justice of the United States Supreme Court.
|
81.
|
"Carnegie Pension to Ex-Presidents; Bars Roosevelt," New York Times, November 22, 1912, pp. 1, 4.
|
82.
|
"President's Pension Bill In," New York Times, December 3, 1912, p. 3; and U.S. Congress, House, Journal of the House of Representatives of the United States, 62nd Cong., 3rd sess. (Washington, DC: GPO, 1913), p. 6.
|
83.
|
"For $10,000 Presidential Pension," New York Times, December 4, 1912, p. 5; and U.S. Congress, Senate, Journal of the Senate of the United States of America, 62nd Cong., 3rd sess. (Washington, DC: GPO, 1912), p. 12.
|
84.
|
U.S. Congress, Senate Committee on the Post Office and Civil Service, Allowances for Former Presidents and Their Widows, report to accompany S. 1516, 84th Cong., 1st sess., April 20, 1955, S.Rept. 205 (Washington, DC: GPO, 1055), pp. 1-2. For similar remarks, see Sen. John O. Pastore, "Retirement, Clerical Assistance, and Free Mailing Privileges for Former Presidents of the United States," remarks in the Senate, Congressional Record, vol. 101, part 5 (May 5, 1955), p. 5731.
|
85.
|
Marie B. Hecht, Beyond the Presidency, p. 187.
|
86.
|
John W. Chambers, "Presidents Emeritus," American Heritage, vol. 30, June-July 1979, at http://www.americanheritage.com/content/presidents-emeritus?page=5. According to Chambers, the public was largely unaware that Truman received payment to appear on the program.
|
87.
|
"Bills and Joint Resolutions Introduced," Congressional Record, vol. 103, part 1 (January 14, 1957), p. 480.
|
88.
|
"Bills and Joint Resolutions Introduced," Congressional Record, vol. 103, part 2 (February 15, 1957), p. 1573.
|
89.
|
Marie B. Hecht, Beyond the Presidency, pp. 187-188.
|
90.
|
U.S. Congress, House Committee on Post Office and Civil Service, Retirement, Staff Assistants, and Mailing Privileges for Former Presidents and Annuities for Widows of Former Presidents, report to accompany S. 607, 85th Cong., 2nd sess., H.Rept. 2200 (Washington, DC: GPO, 1958), p. 4. See also Senate Hearing Before the Committees on Appropriations and Governmental Affairs, Cost of Former President to U.S. Taxpayers, Fiscal Year 1980, 96th Cong., 1st sess., (Washington, DC: GPO, 1980), p. 236.
|
91.
|
U.S. Congress, House Committee on Post Office and Civil Service, Former Presidents—Retirement, Clerical Assistants, and Free Mailing Privileges, report to accompany S. 607, 85th Cong., 2nd sess., H.Rept. 2200. Also available in the U.S. Congress, Senate Hearing Before the Committees on Appropriations and Governmental Affairs, Cost of Former President to U.S. Taxpayers, Fiscal Year 1980, 96th Cong., 1st sess., (Washington, DC: GPO, 1980), p. 235.
|
92.
|
"Retirement for Former Presidents," remarks in the House, Congressional Record, vol. 104, part 12 (July 30, 1958), p. 15624. See also Senate Hearing Before the Committees on Appropriations and Governmental Affairs, Cost of Former Presidents to U.S. Taxpayers, Fiscal Year 1980, 96th Cong., 1st sess., (Washington, DC: GPO, 1980), p. 247.
|
93.
|
"Retirement for Former Presidents," remarks in the House, Congressional Record, vol. 104, part 12 (July 30, 1958), p. 15632, and in Cost of Former Presidents to U.S. Taxpayers, p. 255.
|
94.
|
"Retirement, Clerical Assistants, and Free Mailing Privileges for Former Presidents," House debate, Congressional Record, vol. 104, part 15 (August 21, 1958), pp. 18940-18941.
|
95.
|
Ibid., p. 18941.
|
96.
|
Ibid.
|
97.
|
U.S. Congress, House Committee on Post Office and Civil Service, Retirement, Staff Assistants, and Mailing Privileges for Former Presidents and Annuities for Widows of Former Presidents, report to accompany S. 607, 85th Cong., 2nd sess., H.Rept. 2200, Part 2 (Washington, DC: GPO, 1958), p. 1.
|
98.
|
Ibid., pp. 1-2.
|
99.
|
Ibid., p. 4.
|
100.
|
Ibid., pp. 2-3.
|
101.
|
72 Stat. 838.
|
102.
|
In 1971, the FPA was amended (84 Stat. 1963) to provide the widow of a former President a $20,000 taxable annual pension, to be paid monthly by the Secretary of the Treasury. The widow's pension begins on the day after the former President's death, and would end with death or remarriage before reaching 60 years of age. The FPA prohibits pension benefits to a former President's widow while he or she holds an appointive or elective office or position in the federal government or District of Columbia and receives a rate of pay other than a "nominal rate." To be eligible for the FPA pension, a former President's widow must waive the right to any annuity or pension available pursuant to other legislation. Nancy Reagan, Barbara Bush, and Laura Bush, according to GSA, did not waive their rights to other statutorily available annuities or pensions, and therefore do not receive the annual pension.
|
103.
|
Grover Cleveland served two non-consecutive terms, and is, therefore, included twice in the table. Eight Presidents died while in office—William Henry Harrison, Zachary Taylor, Abraham Lincoln, James A. Garfield, William McKinley, Warren G. Harding, Franklin Delano Roosevelt, and John F. Kennedy—and are, therefore, not included in this table.
|