CLEAN Public Service Act

I 117TH CONGRESS 1ST SESSION H. R. 101 To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. FITZPATRICK (for himself and Mr. GALLAGHER) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Citizen Legislature 4 Anti-Corruption Reform of Public Service Act’’ or the 5 ‘‘CLEAN Public Service Act’’. 6 VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 101 IH SEC. 2. TERMINATION OF FURTHER RETIREMENT BENE- 1 FITS FOR MEMBERS OF CONGRESS. 2 (a) AMENDMENTS RELATING TO THE CIVIL SERVICE 3 RETIREMENT SYSTEM.— 4 (1) IN GENERAL.—Subchapter III of chapter 5 83 of title 5, United States Code, is amended by in- 6 serting after section 8335 the following: 7 ‘‘§ 8335a. Termination of further retirement coverage 8 of Members of Congress 9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 10 vision of this subchapter and subject to subsection (f), ef- 11 fective on the date that is 90 days after the date of enact- 12 ment of this section— 13 ‘‘(1) a Member shall not be subject to this sub- 14 chapter for any further period of time; and 15 ‘‘(2) no further Government contributions or 16 deductions from basic pay may be made with respect 17 to such Member for deposit in the Treasury of the 18 United States to the credit of the Fund. 19 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 20 subsection (a) shall be considered to nullify, modify, or 21 otherwise affect any right, entitlement, or benefit under 22 this subchapter with respect to any Member covering any 23 period prior to the date of enactment of this section. 24 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS 25 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 26 VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 101 IH affect the eligibility of a Member to participate in the 1 Thrift Savings Plan in accordance with otherwise applica- 2 ble provisions of law. 3 ‘‘(d) REGULATIONS.—Any regulations necessary to 4 carry out this section may— 5 ‘‘(1) except with respect to matters relating to 6 the Thrift Savings Plan, be prescribed by the Direc- 7 tor of the Office of Personnel Management; and 8 ‘‘(2) with respect to matters relating to the 9 Thrift Savings Plan, be prescribed by the Executive 10 Director (as defined by section 8401(13)). 11 ‘‘(e) EXCLUSION.—For purposes of this section, the 12 term ‘Member’ does not include the Vice President.’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of chapter 83 of title 5, 15 United States Code, is amended by inserting after 16 the item relating to section 8335 the following: 17 ‘‘8335a. Termination of further retirement coverage of Members of Congress.’’. (b) AMENDMENTS RELATING TO THE FEDERAL EM- 18 PLOYEES RETIREMENT SYSTEM.— 19 (1) IN GENERAL.—Subchapter II of chapter 84 20 of title 5, United States Code, is amended by insert- 21 ing after section 8425 the following: 22 VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 101 IH ‘‘§ 8425a. Termination of further retirement coverage 1 of Members of Congress 2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 3 vision of this chapter, effective on the date that is 90 days 4 after the date of enactment of this section— 5 ‘‘(1) subject to subsection (f), in the case of an 6 individual who first becomes a Member before such 7 date of enactment— 8 ‘‘(A) such Member shall not be subject to 9 this chapter for any further period of time after 10 such date of enactment; and 11 ‘‘(B) no further Government contributions 12 or deductions from basic pay may be made with 13 respect to such Member for deposit in the 14 Treasury of the United States to the credit of 15 the Fund; and 16 ‘‘(2) in the case of an individual who first be- 17 comes a Member on or after such date of enact- 18 ment— 19 ‘‘(A) such Member shall not be subject to 20 this chapter; and 21 ‘‘(B) no Government contributions or de- 22 ductions from basic pay may be made with re- 23 spect to such Member for deposit in the Treas- 24 ury of the United States to the credit of the 25 Fund. 26 VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 101 IH ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 1 subsection (a) shall be considered to nullify, modify, or 2 otherwise affect any right, entitlement, or benefit under 3 this chapter with respect to any Member covering any pe- 4 riod prior to the date of enactment of this section. 5 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS 6 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 7 affect the eligibility of a Member to participate in the 8 Thrift Savings Plan in accordance with otherwise applica- 9 ble provisions of law. 10 ‘‘(d) REGULATIONS.— 11 ‘‘(1) IN GENERAL.—Any regulations necessary 12 to carry out this section may— 13 ‘‘(A) except with respect to matters relat- 14 ing to the Thrift Savings Plan, be prescribed by 15 the Director of the Office of Personnel Manage- 16 ment; and 17 ‘‘(B) with respect to matters relating to 18 the Thrift Savings Plan, be prescribed by the 19 Executive Director (as defined by section 20 8401(13)). 21 ‘‘(2) REFUNDS.—Notwithstanding subsection 22 (b), the regulations under paragraph (1)(A) shall, in 23 the case of a Member who has not completed at 24 least 5 years of civilian service as of the date of en- 25 VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 101 IH actment of this section, provide that the lump-sum 1 credit shall be payable to such Member to the same 2 extent and in the same manner as if such Member 3 satisfied paragraphs (1) through (4) of section 4 8424(a) as of such date of enactment. 5 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 6 term ‘Member’ does not include the Vice President.’’. 7 (2) CLERICAL AMENDMENT.—The table of sec- 8 tions at the beginning of chapter 84 of title 5, 9 United States Code, is amended by inserting after 10 the item relating to section 8425 the following: 11 ‘‘8425a. Termination of further retirement coverage of Members of Congress.’’. Æ VerDate Sep 11 2014 02:05 Jan 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H101.IH H101 kjohnson on DSK79L0C42PROD with BILLS