Title: SCRAP Act
Policy area: Congress

Summary:
Stop Congressional Retirees Accessing Perks Act or the SCRAP Act
This bill terminates certain benefits for Members of Congress or former Members.
Specifically, the bill prohibits payments of death gratuities to survivors of Members of Congress. It also terminates coverage under (1) the Federal Employees Retirement System for Members, and (2) the Federal Employees Health Benefits Program for former Members. Such provisions take effect beginning in the 118th Congress.
Additionally, the bill eliminates certain benefits and services for former Members of the House of Representatives (e.g., access to the House chamber, parking spaces, or the Members' Dining Room) unless the benefits or services are made available to the public.

[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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