I 

116TH CONGRESS 

1ST SESSION H. R. 164 

To amend title 5, United States Code, to terminate pensions for Members 

of Congress, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

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 consideration 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. 

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 ‘‘Citizen Legislature 

5 Anti-Corruption Reform of Public Service Act’’ or the 

6 ‘‘CLEAN Public Service Act’’. 


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1 SEC. 2. TERMINATION OF FURTHER RETIREMENT BENE2 FITS FOR MEMBERS OF CONGRESS. 

3 (a) AMENDMENTS RELATING TO THE CIVIL SERVICE

4 RETIREMENT SYSTEM.— 

5 (1) IN GENERAL.—Subchapter III of chapter 

6 83 of title 5, United States Code, is amended by in7 serting after section 8335 the following: 

8 ‘‘§ 8335a. Termination of further retirement coverage 

9 of Members of Congress 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this subchapter and subject to subsection (f), ef12 fective on the date that is 90 days after the date of enact13 ment of this section— 

14 ‘‘(1) a Member shall not be subject to this sub15 chapter for any further period of time; and 

16 ‘‘(2) no further Government contributions or 

17 deductions from basic pay may be made with respect 

18 to such Member for deposit in the Treasury of the 

19 United States to the credit of the Fund. 

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

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

22 otherwise affect any right, entitlement, or benefit under 

23 this subchapter with respect to any Member covering any 

24 period prior to the date of enactment of this section. 

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

26 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 


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1 affect the eligibility of a Member to participate in the 

2 Thrift Savings Plan in accordance with otherwise applica3 ble provisions of law. 

4 ‘‘(d) REGULATIONS.—Any regulations necessary to 

5 carry out this section may— 

6 ‘‘(1) except with respect to matters relating to 

7 the Thrift Savings Plan, be prescribed by the Direc8 tor of the Office of Personnel Management; and 

9 ‘‘(2) with respect to matters relating to the 

10 Thrift Savings Plan, be prescribed by the Executive 

11 Director (as defined by section 8401(13)). 

12 ‘‘(e) EXCLUSION.—For purposes of this section, the 

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

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 83 of title 5, 

16 United States Code, is amended by inserting after 

17 the item relating to section 8335 the following: 

‘‘8335a. Termination of further retirement coverage of Members of Congress.’’. 

18 (b) AMENDMENTS RELATING TO THE FEDERAL EM19 PLOYEES RETIREMENT SYSTEM.— 

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

21 of title 5, United States Code, is amended by insert22 ing after section 8425 the following: 


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1 ‘‘§ 8425a. Termination of further retirement coverage 

2 of Members of Congress 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of this chapter, effective on the date that is 90 days 

5 after the date of enactment of this section— 

6 ‘‘(1) subject to subsection (f), in the case of an 

7 individual who first becomes a Member before such 

8 date of enactment— 

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

10 this chapter for any further period of time after 

11 such date of enactment; and 

12 ‘‘(B) no further Government contributions 

13 or deductions from basic pay may be made with 

14 respect to such Member for deposit in the 

15 Treasury of the United States to the credit of 

16 the Fund; and 

17 ‘‘(2) in the case of an individual who first be18 comes a Member on or after such date of enact19 ment— 

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

21 this chapter; and 

22 ‘‘(B) no Government contributions or de23 ductions from basic pay may be made with re24 spect to such Member for deposit in the Treas25 ury of the United States to the credit of the 

26 Fund. 


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

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

3 otherwise affect any right, entitlement, or benefit under 

4 this chapter with respect to any Member covering any pe5 riod prior to the date of enactment of this section. 

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

7 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 

8 affect the eligibility of a Member to participate in the 

9 Thrift Savings Plan in accordance with otherwise applica10 ble provisions of law. 

11 ‘‘(d) REGULATIONS.— 

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

13 to carry out this section may— 

14 ‘‘(A) except with respect to matters relat15 ing to the Thrift Savings Plan, be prescribed by 

16 the Director of the Office of Personnel Manage17 ment; and 

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

19 the Thrift Savings Plan, be prescribed by the 

20 Executive Director (as defined by section 

21 8401(13)). 

22 ‘‘(2) REFUNDS.—Notwithstanding subsection 

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

24 the case of a Member who has not completed at 

25 least 5 years of civilian service as of the date of enVerDate Sep 11 2014 02:22 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H164.IH H164

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1 actment of this section, provide that the lump-sum 

2 credit shall be payable to such Member to the same 

3 extent and in the same manner as if such Member 

4 satisfied paragraphs (1) through (4) of section 

5 8424(a) as of such date of enactment. 

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

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

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 84 of title 5, 

10 United States Code, is amended by inserting after 

11 the item relating to section 8425 the following: 

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

Æ 


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