I 

115TH CONGRESS 

2D SESSION H. R. 4981 

To terminate certain lifetime benefits provided to former Members of 

Congress, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2018 

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 Government 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Congressional 

5 Retirees Accessing Perks Act’’ or the ‘‘SCRAP Act’’. 

6 SEC. 2. PROHIBITING PAYMENT OF GRATUITIES TO SUR7 VIVORS OF MEMBERS OF CONGRESS. 

8 (a) PROHIBITION.— 


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1 (1) IN GENERAL.—No payment may be made 

2 from the applicable accounts of the House of Rep3 resentatives, the contingent fund of the Senate, or 

4 any other appropriated funds for a death gratuity 

5 payment to the widow, widower, or heirs-at-law of 

6 any Member of Congress who dies after the com7 mencement of the Congress to which the Member 

8 has been elected. 

9 (2) WAIVER AUTHORITY.—The Speaker and the 

10 Minority Leader of the House of Representatives 

11 may jointly, on a case-by-case basis, grant a waiver 

12 of paragraph (1) with respect to the payment of a 

13 death gratuity described in such paragraph. 

14 (b) NO EFFECT ON OTHER PAYMENTS TO SUR15 VIVORS.—Nothing in subsection (a) shall be construed to 

16 prohibit or affect the payment to any individual of any 

17 unpaid balance or salary or other sums due to a Member 

18 of Congress who dies after the commencement of the Con19 gress to which the Member has been elected. 

20 (c) DEFINITION.—For purposes of this section, a 

21 ‘‘Member of Congress’’ means a Senator or a Representa22 tive in, or Delegate or Resident Commissioner to, the Con23 gress. 


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1 (d) EFFECTIVE DATE.—This section shall apply with 

2 respect to any death occurring during the One Hundred 

3 Sixteenth Congress or any succeeding Congress. 

4 SEC. 3. TERMINATION OF BENEFITS UNDER FEDERAL RE5 TIREMENT PROGRAMS. 

6 (a) TERMINATION OF RETIREMENT COVERAGE OF

7 MEMBERS OF CONGRESS UNDER FEDERAL EMPLOYEES’ 

8 RETIREMENT SYSTEM.— 

9 (1) IN GENERAL.—Subchapter II of chapter 84 

10 of title 5, United States Code, is amended by insert11 ing after section 8425 the following: 

12 ‘‘§ 8425a. Termination of further retirement coverage 

13 of Members of Congress 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of this chapter, effective as of the first day of the 

16 One Hundred Sixteenth Congress— 

17 ‘‘(1) in the case of an individual who first be18 comes a Member before such day— 

19 ‘‘(A) such Member shall not be subject to 

20 this chapter for any further period of time after 

21 such day; and 

22 ‘‘(B) no further Government contributions 

23 or deductions from basic pay may be made with 

24 respect to such Member for deposit in the 


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1 Treasury of the United States to the credit of 

2 the Fund; and 

3 ‘‘(2) in the case of an individual who first be4 comes a Member on or after such day— 

5 ‘‘(A) such Member shall not be subject to 

6 this chapter; and 

7 ‘‘(B) no Government contributions or de8 ductions from basic pay may be made with re9 spect to such Member for deposit in the Treas10 ury of the United States to the credit of the 

11 Fund. 

12 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 

13 subsection (a) shall be considered to nullify, modify, or 

14 otherwise affect any right, entitlement, or benefit under 

15 this chapter with respect to any Member covering any pe16 riod prior to the first day of the One Hundred Sixteenth 

17 Congress. 

18 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS

19 PLAN NOT AFFECTED.—Nothing in subsection (a) or (b) 

20 shall affect the eligibility of a Member to participate in 

21 the Thrift Savings Plan in accordance with otherwise ap22 plicable provisions of law. 

23 ‘‘(d) REGULATIONS.— 

24 ‘‘(1) IN GENERAL.—Any regulations necessary 

25 to carry out this section may— 


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1 ‘‘(A) except with respect to matters under 

2 subparagraph (B), be prescribed by the Direc3 tor of the Office of Personnel Management; and 

4 ‘‘(B) with respect to matters relating to 

5 the Thrift Savings Plan, be prescribed by the 

6 Executive Director (as defined by section 

7 8401(13)). 

8 ‘‘(2) REFUNDS.—Notwithstanding subsection 

9 (b), the regulations under paragraph (1)(A) shall, in 

10 the case of a Member who has not completed at 

11 least 5 years of civilian service as of the first day 

12 of the One Hundred Sixteenth Congress, provide 

13 that the lump-sum credit shall be payable to such 

14 Member to the same extent and in the same manner 

15 as if such Member satisfied paragraphs (1) through 

16 (4) of section 8424(a) as of such day. 

17 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 

18 term ‘Member’ does not include the Vice President.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 84 of title 5, 

21 United States Code, is amended by inserting after 

22 the item relating to section 8425 the following: 

‘‘8425a. Termination of further retirement coverage of Members of Congress.’’. 

23 (b) TERMINATION OF FORMER MEMBER PARTICIPA24 TION IN THE FEDERAL EMPLOYEES HEALTH BENEFITS

25 PROGRAM.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, an individual who serves as a Mem3 ber of Congress shall not be eligible to enroll in, or 

4 receive health benefits under, the Federal Employees 

5 Health Benefits Program under chapter 89 of title 

6 5, United States Code, including the dental and vi7 sion benefits provided under chapters 89A and 89B 

8 of such title, as an annuitant on the basis of service 

9 as a Member of Congress. Nothing in the previous 

10 sentence may be construed to prohibit an individual 

11 from enrolling in or receiving health benefits under 

12 such Program as an annuitant on the basis of the 

13 individual’s creditable service under title 5, United 

14 States Code, in a position other than as a Member 

15 of Congress. 

16 (2) DEFINITION OF MEMBER OF CONGRESS.— 

17 The term ‘‘Member of Congress’’ has the meaning 

18 given that term in section 2106 of title 5, United 

19 States Code, but does not include the Vice Presi20 dent. 

21 (3) EFFECTIVE DATE.—This subsection shall 

22 apply with respect to an individual who serves as a 

23 Member of Congress during the One Hundred Six24 teenth Congress or any succeeding Congress. 


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1 SEC. 4. BENEFITS AND SERVICES PROVIDED TO FORMER 

2 MEMBERS OF THE HOUSE OF REPRESENTA3 TIVES. 

4 (a) BENEFITS AND SERVICES DESCRIBED.—The 

5 House of Representatives may not make any of the fol6 lowing benefits and services available to an individual who 

7 becomes a former Member of the House (except to the 

8 extent such benefits and services are made available to 

9 members of the public): 

10 (1) Access to the Hall of the House. 

11 (2) Access to athletic facilities and other facili12 ties available for the use of Members of the House. 

13 (3) Access to the Members’ Dining Room lo14 cated in the House of Representatives wing of the 

15 United States Capitol. 

16 (4) Access to parking spaces. 

17 (5) Access to material from the House docu18 ment room. 

19 (6) Use of the collections in the House Legisla20 tive Resource Center without borrowing privileges. 

21 (b) WAIVER AUTHORITY.— 

22 (1) AUTHORITY TO WAIVE ELIMINATION OF

23 BENEFIT OR SERVICE.—The Speaker and the Minor24 ity Leader of the House of Representatives may 

25 jointly, on a case-by-case basis, grant a waiver of 

26 subsection (a) with respect to a former Member of 


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1 the House and a benefit or service described in such 

2 subsection. 

3 (2) PUBLICATION IN CONGRESSIONAL

4 RECORD.—If the Speaker and the Minority Leader 

5 jointly grant a waiver under paragraph (1) to make 

6 a benefit or service available to a former Member, 

7 the Speaker and Minority Leader shall, not later 

8 than 24 hours after the waiver is granted, caused to 

9 have published in the Congressional Record a state10 ment identifying the former Member and the benefit 

11 or service involved. 

12 SEC. 5. RULE OF CONSTRUCTION. 

13 Nothing in this Act or any amendment made by this 

14 Act may be construed to prohibit a former Member of 

15 Congress from interacting with Members of Congress to 

16 the extent permitted under law. 

17 SEC. 6. DEFINITION. 

18 In this Act, the term ‘‘Member of Congress’’ means 

19 a Senator or a Representative in, or Delegate or Resident 

20 Commissioner to, the Congress. 

Æ 


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