[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5647 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5647
To terminate certain lifetime benefits provided to former Members of
Congress, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 20, 2021
Mr. Norman (for himself and Mr. Khanna) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committees on Oversight and Reform, and Rules, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To terminate certain lifetime benefits provided to former Members of
Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Congressional Retirees
Accessing Perks Act'' or the ``SCRAP Act''.
SEC. 2. PROHIBITING PAYMENT OF GRATUITIES TO SURVIVORS OF MEMBERS OF
CONGRESS.
(a) Prohibition.--
(1) In general.--No payment may be made from the applicable
accounts of the House of Representatives, the contingent fund
of the Senate, or any other appropriated funds for a death
gratuity payment to the widow, widower, or heirs-at-law of any
Member of Congress who dies after the commencement of the
Congress to which the Member has been elected.
(2) Waiver authority.--The Speaker and the minority leader
of the House of Representatives may jointly, on a case-by-case
basis, grant a waiver of paragraph (1) with respect to the
payment of a death gratuity described in such paragraph.
(b) No Effect on Other Payments to Survivors.--Nothing in
subsection (a) shall be construed to prohibit or affect the payment to
any individual of any unpaid balance or salary or other sums due to a
Member of Congress who dies after the commencement of the Congress to
which the Member has been elected.
(c) Definition.--For purposes of this section, a ``Member of
Congress'' means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.
(d) Effective Date.--This section shall apply with respect to any
death occurring during the One Hundred Eighteenth Congress or any
succeeding Congress.
SEC. 3. TERMINATION OF BENEFITS UNDER FEDERAL RETIREMENT PROGRAMS.
(a) Termination of Retirement Coverage of Members of Congress Under
Federal Employees' Retirement System.--
(1) In general.--Subchapter II of chapter 84 of title 5,
United States Code, is amended by inserting after section 8425
the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the first day of the One Hundred Eighteenth
Congress--
``(1) in the case of an individual who first becomes a
Member before such day--
``(A) such Member shall not be subject to this
chapter for any further period of time after such day;
and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member for deposit in the Treasury of the United
States to the credit of the Fund; and
``(2) in the case of an individual who first becomes a
Member on or after such day--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the first day of the One Hundred
Eighteenth Congress.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) or (b) shall affect the eligibility of a
Member to participate in the Thrift Savings Plan in accordance with
otherwise applicable provisions of law.
``(d) Regulations.--
``(1) In general.--Any regulations necessary to carry out
this section may--
``(A) except with respect to matters under
subparagraph (B), be prescribed by the Director of the
Office of Personnel Management; and
``(B) with respect to matters relating to the
Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
``(2) Refunds.--Notwithstanding subsection (b), the
regulations under paragraph (1)(A) shall, in the case of a
Member who has not completed at least 5 years of civilian
service as of the first day of the One Hundred Eighteenth
Congress, provide that the lump-sum credit shall be payable to
such Member to the same extent and in the same manner as if
such Member satisfied paragraphs (1) through (4) of section
8424(a) as of such day.
``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 84 of title 5, United States Code, is
amended by inserting after the item relating to section 8425
the following:
``8425a. Termination of further retirement coverage of Members of
Congress.''.
(b) Termination of Former Member Participation in the Federal
Employees Health Benefits Program.--
(1) In general.--Notwithstanding any other provision of
law, an individual who serves as a Member of Congress shall not
be eligible to enroll in, or receive health benefits under, the
Federal Employees Health Benefits Program under chapter 89 of
title 5, United States Code, including the dental and vision
benefits provided under chapters 89A and 89B of such title, as
an annuitant on the basis of service as a Member of Congress.
Nothing in the previous sentence may be construed to prohibit
an individual from enrolling in or receiving health benefits
under such Program as an annuitant on the basis of the
individual's creditable service under title 5, United States
Code, in a position other than as a Member of Congress.
(2) Definition of member of congress.--The term ``Member of
Congress'' has the meaning given that term in section 2106 of
title 5, United States Code, but does not include the Vice
President.
(3) Effective date.--This subsection shall apply with
respect to an individual who serves as a Member of Congress
during the One Hundred Eighteenth Congress or any succeeding
Congress.
SEC. 4. BENEFITS AND SERVICES PROVIDED TO FORMER MEMBERS OF THE HOUSE
OF REPRESENTATIVES.
(a) Benefits and Services Described.--The House of Representatives
may not make any of the following benefits and services available to an
individual who becomes a former Member of the House (except to the
extent such benefits and services are made available to members of the
public):
(1) Access to the Hall of the House.
(2) Access to athletic facilities and other facilities
available for the use of Members of the House.
(3) Access to the Members' Dining Room located in the House
of Representatives wing of the United States Capitol.
(4) Access to parking spaces.
(5) Access to material from the House document room.
(6) Use of the collections in the House Legislative
Resource Center without borrowing privileges.
(b) Waiver Authority.--
(1) Authority to waive elimination of benefit or service.--
The Speaker and the minority leader of the House of
Representatives may jointly, on a case-by-case basis, grant a
waiver of subsection (a) with respect to a former Member of the
House and a benefit or service described in such subsection.
(2) Publication in congressional record.--If the Speaker
and the minority leader jointly grant a waiver under paragraph
(1) to make a benefit or service available to a former Member,
the Speaker and minority leader shall, not later than 24 hours
after the waiver is granted, caused to have published in the
Congressional Record a statement identifying the former Member
and the benefit or service involved.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or any amendment made by this Act may be
construed to prohibit a former Member of Congress from interacting with
Members of Congress to the extent permitted under law.
SEC. 6. DEFINITION.
In this Act, the term ``Member of Congress'' means a Senator or a
Representative in, or Delegate or Resident Commissioner to, the
Congress.
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