What This Bill Does
This bill stops the federal government from paying the salaries and expenses of certain political employees (a category of government workers appointed by the President) if the President does not submit their annual budget proposal to Congress on time. The bill requires that political employees eventually receive their back pay once the budget is submitted, but there is a delay in payment during the period when the budget is late.
Who It Affects
Political employees in three categories: those in positions covered by the Executive Schedule (the highest ranks of appointed officials), those serving in noncareer appointments in the Senior Executive Service (upper-level management positions not based on civil service), and those in confidential or policy-determining positions in the executive branch under Schedule C (political appointee positions).
Key Provisions
• If the President's budget is not submitted to Congress by the first Monday in February, no federal funds can be used to pay the salaries or expenses of political employees starting the first Tuesday of February and continuing until the budget is submitted (Sec. 2)
• Political employees whose pay is stopped during this period must receive their full back pay at their normal pay rate as soon as possible after the budget is submitted, even if it does not match their normal pay schedule (Sec. 2)
• The bill defines "political employee" to include three specific types of appointed government positions (Sec. 2)
What Changes
Federal agencies will be prohibited from using federal funds to pay political employee salaries and expenses during any gap between the first Monday in February and when the President's budget arrives at Congress.
Important Definitions
Political employee: any individual in one of three types of appointed positions in the executive branch that are policy-related or appointed by the President rather than obtained through competitive civil service hiring.
I
118TH CONGRESS
1ST SESSION
H. R. 858
To amend title 31, United States Code, to limit the use of Federal funds
for the salaries or expenses of political employees if the President’s
annual budget submission to Congress is late, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2023
Mr. CARTER of Georgia (for himself and Ms. MACE) introduced the following
bill; which was referred to the Committee on Oversight and Account-
ability, and in addition to the Committee on the Budget, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend title 31, United States Code, to limit the use
of Federal funds for the salaries or expenses of political
employees if the President’s annual budget submission
to Congress is late, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Presidential Account-
4
ability for Yearly Submission of The United States’ Budg-
5
et Act’’ or the ‘‘PAYSTUB Act’’.
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•HR 858 IH
SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR PO-
1
LITICAL
EMPLOYEE
SALARIES
AND
EX-
2
PENSES IF PRESIDENT’S BUDGET IS LATE.
3
Section 1105 of title 31, United States Code, is
4
amended by adding at the end the following:
5
‘‘(j)(1) If the budget under subsection (a) is not sub-
6
mitted to Congress on or before the first Monday in Feb-
7
ruary of a year, during the period beginning on the first
8
Tuesday of February of such year and ending on the date
9
the budget is submitted, no Federal funds may be obli-
10
gated or expended for the salary or expenses of any polit-
11
ical employee.
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‘‘(2) Each political employee whose salary and ex-
13
penses are not paid by operation of paragraph (1) shall
14
be paid for the period the limitation under such subsection
15
was in effect at the employee’s standard rate of pay, at
16
the earliest date possible after such period ends, regardless
17
of scheduled pay dates.
18
‘‘(3) In this subsection, the term ‘political employee’
19
means any individual—
20
‘‘(A) occupying a position described under sec-
21
tions 5312 through 5316 of title 5 (relating to the
22
Executive Schedule);
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‘‘(B) serving under a noncareer appointment in
24
the Senior Executive Service, as defined under para-
25
graph (7) of section 3132(a) of such title; or
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•HR 858 IH
‘‘(C) occupying a position in the executive
1
branch of the Government of a confidential or pol-
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icy-determining character under schedule C of sub-
3
part C of part 213 of title 5, Code of Federal Regu-
4
lations.’’.
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Æ
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