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Former Presidents Act

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The Former Presidents Act (known also as FPA; 3 U.S.C. § 102) is a 1958 U.S. federal law that provides several lifetime benefits to former presidents of the United States who have not been removed from office.[1]

History

Before 1958, the U.S. federal government provided no pension or other retirement benefits to former United States presidents. Andrew Carnegie offered to endow a US$25,000 annual pension for former Chief Executives in 1912, but congressmen questioned the propriety of such a private pension. That prompted legislation to provide benefits to former presidents.[1]

When the Former Presidents Act took effect, there were two living former presidents: Herbert Hoover and Harry S. Truman. Dwight D. Eisenhower was the first president to fall under the act upon leaving office.

The original act provided for lifetime Secret Service protection for former presidents. In 1997, it was reduced to 10 years for presidents taking office after 1997. The 1997 amendment was reverted by the Former Presidents Protection Act of 2012 (Pub. L. 112–257 (text) (PDF)).[2] All living former presidents and their spouses after Dwight D. Eisenhower are now entitled to receive lifetime Secret Service protection.[3]

Current status

By law, former presidents are entitled to a pension, staff and office expenses, medical care or health insurance, and Secret Service protection.

Pension

The Secretary of the Treasury pays a taxable pension to the president. Former presidents receive a pension equal to the pay that the head of an executive department (Executive Level I) would be paid, as of 2017 $207,800 per year.[4] The pension begins immediately after a president's departure from office.[5] A former president's spouse may also be paid a lifetime annual pension of $20,000 if they relinquish any other statutory pension.[1]

Transition

Transition funding for the expenses of leaving office is available for seven months. It covers office space, staff compensation, communications services, and printing and postage associated with the transition.[1]

Staff and office

Private office staff and related funding is provided by the Administrator of the General Services Administration. People employed under this subsection are selected by and responsible only to the former president for the performance of their duties. Each former president fixes basic rates of compensation for persons employed for him, not exceeding an annualized total of $150,000 for the first 30 months and $96,000 thereafter.[1]

Medical insurance

Former presidents are entitled to medical treatment in military hospitals; they pay for this at interagency rates set by the Office of Management and Budget. Two-term presidents may buy health insurance under the Federal Employees Health Benefits Program; a GSA legal opinion ruled Jimmy Carter and George H. W. Bush ineligible.[1][6]

Secret Service protection

Former presidents were entitled from 1965 to 1996 to lifetime Secret Service protection, for themselves, spouses, and children under 16. A 1994 statute, (Pub. L. 103–329), limited post-presidential protection to ten years for presidents inaugurated after January 1, 1997.[7] Under this statute, Bill Clinton would still be entitled to lifetime protection, and all subsequent presidents would have been entitled to ten years' protection.[8] On January 10, 2013, President Barack Obama signed the Former Presidents Protection Act of 2012, reinstating lifetime Secret Service protection for his predecessor George W. Bush, himself, and all subsequent presidents.[9]

Richard Nixon relinquished his Secret Service protection in 1985, the only president to do so.[10]

Diplomatic Immunity

Former presidents are entitled to a Diplomatic Passport. This includes personal travel with this passport.[citation needed]

See also

Notes

  1. ^ a b c d e f Smith, Stephanie (2008-03-18). "Former Presidents: Federal Pension and Retirement Benefits" (PDF). Congressional Research Service. U.S. Senate. Retrieved 2010-04-04.
  2. ^ Public Law 112-257 Jan. 10, 2013
  3. ^ Ann Compton (10 January 2013). "Lifetime Secret Service Protection Restored for Presidents Bush and Obama". ABC News. Retrieved 1 May 2013.
  4. ^ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/17Tables/exec/html/EX.aspx
  5. ^ Brandon, Emily (January 16, 2009). "President Bush Will Get a $196,700 Pension". US News and World Report. Retrieved 2012-11-08. Former presidents currently receive a pension that is equal to pay for the head of an executive department. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  6. ^ Brandon, Emily (2009-01-16). "President Bush Will Get a $196,700 Pension". Washington, D.C.: U.S. News & World Report. Retrieved 2009-04-09. Bush's payouts will grow to $203,600 next year and $210,700 in 2011
  7. ^ "United States Secret Service: History". U.S. Department of Treasury. Archived from the original on March 14, 2009. Retrieved 2009-04-09. 1965 Congress authorized protection of former presidents and their spouses during their lifetime and minor children until age 16....1997 Congress passed legislation in 1994 stating that presidents elected to office after January 1, 1997, will receive Secret Service protection for 10 years after leaving office. Individuals elected to office prior to January 1, 1997, will continue to receive lifetime protection. (Public Law 103-329) {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  8. ^ Ginsberg, Wendy (2008-08-22). "Former Presidents: Pensions, Office Allowances, and Other Federal Benefit" (PDF). Congressional Research Service. U.S. Department of State. Retrieved 2009-04-09. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  9. ^ "Obama signs bill granting lifetime Secret Service protection to former presidents and spouses". Washington Post. Associated Press. 10 January 2013. Retrieved 12 January 2013.
  10. ^ Sharkey, Nancy (1985-07-28). "Follow-Up On The News; Nixon Guards". The New York Times. Retrieved 2008-11-18. His sole reason was to save money for the government, according to his assistant, John Taylor....Mr. Nixon's wife, Pat, dropped Secret Service protection last year. The others on the agency's permanent-protection rolls are former Presidents Gerald R. Ford and Jimmy Carter, and President Lyndon B. Johnson's widow, Lady Bird. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
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