CLEAN Public Service Act

Bill Number: H.R. 159
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Congress
Status: Introduced
Latest Action: 2025-01-03: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government 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.
Last Updated: 2025-02-28T16:10:38Z

AI-Generated Summary

Purpose of the Legislation

The bill, titled the "Citizen Legislature Anti-Corruption Reform of Public Service Act" or "CLEAN Public Service Act," aims to end future pension benefits for Members of Congress under federal retirement systems. It seeks to promote public service without taxpayer-funded retirement perks for congressional members, framing this as an anti-corruption measure.

Key Provisions

Effective Date: Changes take effect 90 days after the bill's enactment.
Amendments to Civil Service Retirement System (CSRS): Adds a new section (8335a) to Title 5 of the U.S. Code, excluding Members of Congress from further CSRS coverage. This stops future government contributions and paycheck deductions for the retirement fund. (CSRS is an older federal pension system for employees hired before 1984.)
Amendments to Federal Employees Retirement System (FERS): Adds a new section (8425a) to Title 5, similarly excluding Members from FERS coverage for future service. For Members starting after enactment, no coverage applies at all. (FERS is the modern federal retirement system, combining a smaller pension with Social Security and personal savings.)
Protections for Existing Benefits: Rights, entitlements, or benefits earned before the effective date remain unchanged—only future service is affected.
Thrift Savings Plan (TSP) Unaffected: Members can still participate in the TSP, a voluntary savings plan similar to a 401(k) for federal workers, with their own contributions and limited government matching.
Refunds for Short-Service Members (FERS Only): Members with less than 5 years of federal civilian service as of enactment can receive a lump-sum refund of their contributions, as if they had left federal service.
Regulatory Authority: The Office of Personnel Management (OPM) handles implementation rules, except for TSP matters, which are managed by the TSP's Executive Director. The Vice President is explicitly excluded from these changes.
Technical Updates: Adds the new sections to the tables of contents in the relevant chapters of Title 5.

Significant Changes to Existing Law

Prospective Exclusion Only: Unlike current law, where Members of Congress accrue pensions under CSRS or FERS like other federal employees, this bill removes them from these systems going forward without retroactively revoking past benefits.
No Impact on Vested Rights: Preserves accrued pensions, avoiding challenges to earned benefits, but halts new accruals— a shift from the uniform treatment of congressional and executive branch retirees.
Special Refund Mechanism: Introduces a one-time refund option for newer Members under FERS who haven't met the 5-year vesting threshold, which isn't a standard feature in current law for mid-term exclusions.

Potential Impacts

On Government Agencies: OPM will need to update systems, regulations, and payroll processes to exclude Members, potentially reducing administrative costs long-term but requiring short-term effort. The retirement funds (CSRS and FERS) will see no new contributions from Members, lowering government liabilities.
On Citizens (Taxpayers): Could save taxpayer money by eliminating future pension payouts for Members, estimated in billions over time, though exact figures depend on congressional turnover. It may foster public trust by addressing perceptions of elite perks.
On Members of Congress: Current Members lose future pension accrual, relying more on TSP and personal savings; future Members start without pension options, possibly affecting post-service finances. No direct impact on salaries or other benefits.
International Relations: None apparent, as the bill focuses solely on domestic federal employment benefits.

Main Stakeholders Affected

Members of Congress: Primary group, including sitting (119th Congress and beyond) and future members; they face reduced retirement security but retain prior accruals and TSP access.
Federal Retirement Funds and OPM: Administrators must implement changes, affecting fund management and oversight.
Taxpayers and Voters: Indirect beneficiaries through potential cost savings and enhanced perceptions of government accountability.
Vice President: Explicitly unaffected, distinguishing executive from legislative branch treatment.

Notable Legal, Constitutional, or Political Implications

Legal: The bill carefully protects vested rights under existing law, minimizing breach-of-contract claims. It relies on Congress's authority to amend Title 5 (federal personnel laws), with OPM's rulemaking ensuring smooth transition. The 90-day delay allows preparation without immediate disruption.
Constitutional: No major issues; Congress can regulate its own members' benefits under Article I (legislative powers). It avoids equal protection concerns by applying uniformly to Members (excluding Vice President as a separate office).
Political: Positions as a reform to curb "corruption" via perks, potentially appealing to anti-establishment sentiments but controversial among incumbents who may view it as devaluing public service. Could influence recruitment, discouraging candidates reliant on stable retirement, and spark debates on equity between branches of government. If passed, it sets a precedent for targeting specific groups' benefits without broader civil service reforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Fitzpatrick, Brian K. [R-PA-1]

Recent Actions

2025-01-03: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government 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.
2025-01-03: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government 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.
2025-01-03: Introduced in House
2025-01-03: Introduced in House

Bill Versions

Citizen Legislature Anti-Corruption Reform of Public Service Act — issued 2025-01-03 — PDF (6 pages)