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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5068 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5068
To prohibit congressional recesses until Congress adopts a concurrent
resolution on the budget that results in a balanced Federal budget by
the last fiscal year covered by such resolution, to establish a 5-year
ban on individuals appointed to Executive Schedule positions and
Members of Congress engaging in lobbying activities at the Federal
level, to provide for the termination of further retirement coverage
for Members of Congress under the Federal Employees Retirement System,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2023
Mr. Gallagher introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on the
Budget, Rules, Oversight and Accountability, and House Administration,
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 prohibit congressional recesses until Congress adopts a concurrent
resolution on the budget that results in a balanced Federal budget by
the last fiscal year covered by such resolution, to establish a 5-year
ban on individuals appointed to Executive Schedule positions and
Members of Congress engaging in lobbying activities at the Federal
level, to provide for the termination of further retirement coverage
for Members of Congress under the Federal Employees Retirement System,
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 ``Serve the People, Not the Swamp
Act''.
SEC. 2. HOUSE AND SENATE APPROVAL OF REGULAR APPROPRIATION BILLS.
Section 312 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsections:
``(g) House and Senate Approval of Regular Appropriation Bills.--
``(1) Point of order in the house of representatives
against adjourning in august until house passage of all
appropriation bills.--It shall not be in order in the House of
Representatives to consider any resolution providing for an
adjournment period of more than three calendar days during the
month of August until the House of Representatives has approved
annual appropriation bills providing new budget authority under
the jurisdiction of all the subcommittees of the Committee on
Appropriations of the House of Representatives for the fiscal
year beginning on October 1 of such year.
``(2) Points of order in the house of representatives and
senate against adjourning until house and senate passage of all
appropriation bills.--Beginning on October 1 of a session of
Congress and during the duration of that session, it shall not
be in order in the House of Representatives or the Senate to
consider any resolution providing for an adjournment period of
more than three calendar days for the duration of that session
until the annual appropriation bills providing new budget
authority under the jurisdiction of all the subcommittees of
the Committees on Appropriations of the House of
Representatives and the Senate for the fiscal year beginning on
October 1 of such year have been presented to the President
under section 7 of article I of the Constitution.
``(h) No Congressional Recesses.--Neither the Senate nor the House
of Representatives may recess or stand adjourned for a period of longer
than 24 hours during any calendar year unless and until Congress has
agreed to a concurrent resolution on the budget for the fiscal year
beginning on October 1 of that calendar year which concurrent
resolution projects a balanced budget for the Government by the last
fiscal year covered by that concurrent resolution.''.
SEC. 3. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS APPOINTED TO EXECUTIVE
SCHEDULE POSITIONS AND MEMBERS OF CONGRESS.
(a) Individuals Appointed to Executive Schedule Positions.--
(1) In general.--Section 207(d) of title 18, United States
Code, is amended to read as follows:
``(d) Restrictions on Very Senior Personnel of the Executive Branch
and Independent Agencies.--
``(1) Vice president.--
``(A) Restrictions.--In addition to the
restrictions set forth in subsections (a) and (b), any
person who serves in the position of Vice President of
the United States and who, within 2 years after the
termination of that person's service in that position,
knowingly makes, with the intent to influence, any
communication to or appearance before any person
described in subparagraph (B), on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of the executive branch of
the United States, shall be punished as provided in
section 216 of this title.
``(B) Persons who may not be contacted.--A person
described in this subparagraph is--
``(i) any officer or employee of any
department or agency in which the Vice
President served within a period of 1 year
before the Vice President's service or
employment with the United States Government
terminated; and
``(ii) any person appointed to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
``(2) Five-year restriction on individuals in executive
schedule and equivalent positions.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), and in addition to the
restrictions set forth in subsections (a) and (b), any
individual employed in a position in the executive
branch for which the rate of pay is the rate of pay
payable for any level of the Executive Schedule under
subchapter II of chapter 53 of title 5 who, within 5
years after the termination of his or her service or
employment in such position, knowingly makes, with the
intent to influence, any communication to or appearance
before any officer or employee of any department or
agency in the executive branch, on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of such department or
agency, shall be punished as provided in section 216 of
this title.
``(B) Special government employees.--Subparagraph
(A) shall not apply to a special Government employee
who serves less than 60 days in the 1-year period
before his or her service or employment as such
employee terminates.
``(C) Waiver.--
``(i) Authority.--Except as provided in
clause (ii), at the request of a department or
agency, the Director of the Office of
Government Ethics may waive the restrictions
under subparagraph (A) with respect to a
position, or a category of positions, if the
Director determines that--
``(I) the imposition of the
restrictions with respect to the
position, or category of positions,
would create an undue hardship on the
department or agency in obtaining
qualified personnel to fill the
position, or category of positions; and
``(II) granting the waiver would
not create the potential for use of
undue influence or unfair advantage.
``(ii) Excluded positions.--The Director of
the Office of Government Ethics may not waive
the restrictions under subparagraph (A) with
respect to--
``(I) a position in the executive
branch (including any independent
agency) for which the rate of pay is
the rate of pay payable for level I of
the Executive Schedule; or
``(II) a position in the Executive
Office of the President for which the
rate of pay is the rate of pay for
level II of the Executive Schedule.''.
(2) Technical and conforming amendments.--Section 207 of
title 18, United States Code, is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (A)--
(I) by striking clauses (i) and
(iii);
(II) by redesignating clauses (ii),
(iv), and (v) as clauses (i), (ii), and
(iii), respectively; and
(III) in clause (i), as so
redesignated--
(aa) by striking ``which is
not referred to in clause (i)''
the first place it appears and
inserting ``for which the rate
of pay is not specified in or
fixed according to subchapter
II of chapter 53 of title 5'';
and
(bb) by striking ``, or,
for a period of 2 years'' and
all that follows through the
end of clause (i) and inserting
a comma; and
(ii) in subparagraph (C), in the matter
preceding clause (i), by striking ``clause (ii)
or (iv)'' and inserting ``clause (i) or (ii)'';
and
(B) in subsection (h)(2), by striking the second
sentence.
(b) Members of Congress.--Section 207(e)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``2 years'' and
inserting ``5 years''; and
(2) in subparagraph (B)(i), by striking ``Any person who is
a Member of the House of Representatives or an elected officer
of the House of Representatives and who, within 1 year after
that person leaves office,'' and inserting ``Any person who is
a Member of the House of Representatives and who, within 5
years after that person leaves office, or any person who is an
elected officer of the House of Representatives and who, within
1 year after that person leaves office,''.
(c) Effective Date.--The amendments made by this Act shall apply
with respect to any individual who, on or after the date of the
enactment of this Act, leaves a position to which section 207 of title
18, United States Code, applies (as amended by this Act).
SEC. 4. TERMINATION OF RETIREMENT COVERAGE OF MEMBERS OF CONGRESS UNDER
FEDERAL EMPLOYEES RETIREMENT SYSTEM.
(a) 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 date of enactment of this section--
``(1) subject to subsection (f), in the case of an
individual who first becomes a Member before such date of
enactment--
``(A) such Member shall not be subject to this
chapter for any further period of time after such date
of enactment; 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 date of enactment--
``(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 date of enactment of this section.
``(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 date of enactment of this section, 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 date
of enactment.
``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.
``(f) Opt-In for Members.--Not later than 90 days after the date of
enactment of this section, a Member covered by this chapter as of such
date may elect, by giving notice in writing to the official by whom
such Member is paid, to remain subject to this chapter.''.
(b) 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Accountability, and House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Accountability, and House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Accountability, and House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Accountability, and House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Accountability, and House Administration, 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.
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