Serve the People, Not the Swamp Act

I 117TH CONGRESS 1ST SESSION H. R. 753 To prohibit congressional recesses until Congress adopts a concurrent resolu- tion 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 Con- gress under the Federal Employees Retirement System, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Mr. GALLAGHER (for himself and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committees on the Budget, Rules, Oversight and Reform, 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 individ- uals appointed to Executive Schedule positions and Mem- bers 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 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 753 IH Federal Employees Retirement System, 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 ‘‘Serve the People, Not 4 the Swamp Act’’. 5 SEC. 2. HOUSE AND SENATE APPROVAL OF REGULAR AP- 6 PROPRIATION BILLS. 7 Section 312 of the Congressional Budget Act of 1974 8 is amended by adding at the end the following new sub- 9 sections: 10 ‘‘(g) HOUSE AND SENATE APPROVAL OF REGULAR 11 APPROPRIATION BILLS.— 12 ‘‘(1) POINT OF ORDER IN THE HOUSE OF REP- 13 RESENTATIVES AGAINST ADJOURNING IN AUGUST 14 UNTIL HOUSE PASSAGE OF ALL APPROPRIATION 15 BILLS.—It shall not be in order in the House of 16 Representatives to consider any resolution providing 17 for an adjournment period of more than three cal- 18 endar days during the month of August until the 19 House of Representatives has approved annual ap- 20 propriation bills providing new budget authority 21 under the jurisdiction of all the subcommittees of 22 the Committee on Appropriations of the House of 23 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 753 IH Representatives for the fiscal year beginning on Oc- 1 tober 1 of such year. 2 ‘‘(2) POINTS OF ORDER IN THE HOUSE OF REP- 3 RESENTATIVES AND SENATE AGAINST ADJOURNING 4 UNTIL HOUSE AND SENATE PASSAGE OF ALL APPRO- 5 PRIATION BILLS.—Beginning on October 1 of a ses- 6 sion of Congress and during the duration of that 7 session, it shall not be in order in the House of Rep- 8 resentatives or the Senate to consider any resolution 9 providing for an adjournment period of more than 10 three calendar days for the duration of that session 11 until the annual appropriation bills providing new 12 budget authority under the jurisdiction of all the 13 subcommittees of the Committees on Appropriations 14 of the House of Representatives and the Senate for 15 the fiscal year beginning on October 1 of such year 16 have been presented to the President under section 17 7 of article I of the Constitution. 18 ‘‘(h) NO CONGRESSIONAL RECESSES.—Neither the 19 Senate nor the House of Representatives may recess or 20 stand adjourned for a period of longer than 24 hours dur- 21 ing any calendar year unless and until Congress has 22 agreed to a concurrent resolution on the budget for the 23 fiscal year beginning on October 1 of that calendar year 24 which concurrent resolution projects a balanced budget for 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 753 IH the Government by the last fiscal year covered by that con- 1 current resolution.’’. 2 SEC. 3. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS AP- 3 POINTED TO EXECUTIVE SCHEDULE POSI- 4 TIONS AND MEMBERS OF CONGRESS. 5 (a) INDIVIDUALS APPOINTED TO EXECUTIVE SCHED- 6 ULE POSITIONS.— 7 (1) IN GENERAL.—Section 207(d) of title 18, 8 United States Code, is amended to read as follows: 9 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL 10 OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN- 11 CIES.— 12 ‘‘(1) VICE PRESIDENT.— 13 ‘‘(A) RESTRICTIONS.—In addition to the 14 restrictions set forth in subsections (a) and (b), 15 any person who serves in the position of Vice 16 President of the United States and who, within 17 2 years after the termination of that person’s 18 service in that position, knowingly makes, with 19 the intent to influence, any communication to 20 or appearance before any person described in 21 subparagraph (B), on behalf of any other per- 22 son (except the United States), in connection 23 with any matter on which such person seeks of- 24 ficial action by any officer or employee of the 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 753 IH executive branch of the United States, shall be 1 punished as provided in section 216 of this title. 2 ‘‘(B) PERSONS WHO MAY NOT BE CON- 3 TACTED.—A person described in this subpara- 4 graph is— 5 ‘‘(i) any officer or employee of any de- 6 partment or agency in which the Vice 7 President served within a period of 1 year 8 before the Vice President’s service or em- 9 ployment with the United States Govern- 10 ment terminated; and 11 ‘‘(ii) any person appointed to a posi- 12 tion in the executive branch which is listed 13 in section 5312, 5313, 5314, 5315, or 14 5316 of title 5. 15 ‘‘(2) FIVE-YEAR RESTRICTION ON INDIVIDUALS 16 IN EXECUTIVE SCHEDULE AND EQUIVALENT POSI- 17 TIONS.— 18 ‘‘(A) IN GENERAL.—Except as provided in 19 subparagraphs (B) and (C), and in addition to 20 the restrictions set forth in subsections (a) and 21 (b), any individual employed in a position in the 22 executive branch for which the rate of pay is 23 the rate of pay payable for any level of the Ex- 24 ecutive Schedule under subchapter II of chapter 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 753 IH 53 of title 5 who, within 5 years after the ter- 1 mination of his or her service or employment in 2 such position, knowingly makes, with the intent 3 to influence, any communication to or appear- 4 ance before any officer or employee of any de- 5 partment or agency in the executive branch, on 6 behalf of any other person (except the United 7 States), in connection with any matter on which 8 such person seeks official action by any officer 9 or employee of such department or agency, shall 10 be punished as provided in section 216 of this 11 title. 12 ‘‘(B) SPECIAL GOVERNMENT EMPLOY- 13 EES.—Subparagraph (A) shall not apply to a 14 special Government employee who serves less 15 than 60 days in the 1-year period before his or 16 her service or employment as such employee 17 terminates. 18 ‘‘(C) WAIVER.— 19 ‘‘(i) AUTHORITY.—Except as provided 20 in clause (ii), at the request of a depart- 21 ment or agency, the Director of the Office 22 of Government Ethics may waive the re- 23 strictions under subparagraph (A) with re- 24 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 753 IH spect to a position, or a category of posi- 1 tions, if the Director determines that— 2 ‘‘(I) the imposition of the restric- 3 tions with respect to the position, or 4 category of positions, would create an 5 undue hardship on the department or 6 agency in obtaining qualified per- 7 sonnel to fill the position, or category 8 of positions; and 9 ‘‘(II) granting the waiver would 10 not create the potential for use of 11 undue influence or unfair advantage. 12 ‘‘(ii) EXCLUDED POSITIONS.—The Di- 13 rector of the Office of Government Ethics 14 may not waive the restrictions under sub- 15 paragraph (A) with respect to— 16 ‘‘(I) a position in the executive 17 branch (including any independent 18 agency) for which the rate of pay is 19 the rate of pay payable for level I of 20 the Executive Schedule; or 21 ‘‘(II) a position in the Executive 22 Office of the President for which the 23 rate of pay is the rate of pay for level 24 II of the Executive Schedule.’’. 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 753 IH (2) TECHNICAL AND CONFORMING AMEND- 1 MENTS.—Section 207 of title 18, United States 2 Code, is amended— 3 (A) in subsection (c)(2)— 4 (i) in subparagraph (A)— 5 (I) by striking clauses (i) and 6 (iii); 7 (II) by redesignating clauses (ii), 8 (iv), and (v) as clauses (i), (ii), and 9 (iii), respectively; and 10 (III) in clause (i), as so redesig- 11 nated— 12 (aa) by striking ‘‘which is 13 not referred to in clause (i)’’ the 14 first place it appears and insert- 15 ing ‘‘for which the rate of pay is 16 not specified in or fixed accord- 17 ing to subchapter II of chapter 18 53 of title 5’’; and 19 (bb) by striking ‘‘, or, for a 20 period of 2 years’’ and all that 21 follows through the end of clause 22 (i) and inserting a comma; and 23 (ii) in subparagraph (C), in the mat- 24 ter preceding clause (i), by striking ‘‘clause 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 753 IH (ii) or (iv)’’ and inserting ‘‘clause (i) or 1 (ii)’’; and 2 (B) in subsection (h)(2), by striking the 3 second sentence. 4 (b) MEMBERS OF CONGRESS.—Section 207(e)(1) of 5 title 18, United States Code, is amended— 6 (1) in subparagraph (A), by striking ‘‘2 years’’ 7 and inserting ‘‘5 years’’; and 8 (2) in subparagraph (B)(i), by striking ‘‘Any 9 person who is a Member of the House of Represent- 10 atives or an elected officer of the House of Rep- 11 resentatives and who, within 1 year after that per- 12 son leaves office,’’ and inserting ‘‘Any person who is 13 a Member of the House of Representatives and who, 14 within 5 years after that person leaves office, or any 15 person who is an elected officer of the House of Rep- 16 resentatives and who, within 1 year after that per- 17 son leaves office,’’. 18 (c) EFFECTIVE DATE.—The amendments made by 19 this Act shall apply with respect to any individual who, 20 on or after the date of the enactment of this Act, leaves 21 a position to which section 207 of title 18, United States 22 Code, applies (as amended by this Act). 23 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 753 IH SEC. 4. TERMINATION OF RETIREMENT COVERAGE OF 1 MEMBERS OF CONGRESS UNDER FEDERAL 2 EMPLOYEES RETIREMENT SYSTEM. 3 (a) IN GENERAL.—Subchapter II of chapter 84 of 4 title 5, United States Code, is amended by inserting after 5 section 8425 the following: 6 ‘‘§ 8425a. Termination of further retirement coverage 7 of Members of Congress 8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 9 vision of this chapter, effective as of the date of enactment 10 of this section— 11 ‘‘(1) subject to subsection (f), in the case of an 12 individual who first becomes a Member before such 13 date of enactment— 14 ‘‘(A) such Member shall not be subject to 15 this chapter for any further period of time after 16 such date of enactment; and 17 ‘‘(B) no further Government contributions 18 or deductions from basic pay may be made with 19 respect to such Member for deposit in the 20 Treasury of the United States to the credit of 21 the Fund; and 22 ‘‘(2) in the case of an individual who first be- 23 comes a Member on or after such date of enact- 24 ment— 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 753 IH ‘‘(A) such Member shall not be subject to 1 this chapter; and 2 ‘‘(B) no Government contributions or de- 3 ductions from basic pay may be made with re- 4 spect to such Member for deposit in the Treas- 5 ury of the United States to the credit of the 6 Fund. 7 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 8 subsection (a) shall be considered to nullify, modify, or 9 otherwise affect any right, entitlement, or benefit under 10 this chapter with respect to any Member covering any pe- 11 riod prior to the date of enactment of this section. 12 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS 13 PLAN NOT AFFECTED.—Nothing in subsection (a) or (b) 14 shall affect the eligibility of a Member to participate in 15 the Thrift Savings Plan in accordance with otherwise ap- 16 plicable provisions of law. 17 ‘‘(d) REGULATIONS.— 18 ‘‘(1) IN GENERAL.—Any regulations necessary 19 to carry out this section may— 20 ‘‘(A) except with respect to matters under 21 subparagraph (B), be prescribed by the Direc- 22 tor of the Office of Personnel Management; and 23 ‘‘(B) with respect to matters relating to 24 the Thrift Savings Plan, be prescribed by the 25 VerDate Sep 11 2014 01:44 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 753 IH Executive Director (as defined by section 1 8401(13)). 2 ‘‘(2) REFUNDS.—Notwithstanding subsection 3 (b), the regulations under paragraph (1)(A) shall, in 4 the case of a Member who has not completed at 5 least 5 years of civilian service as of the date of en- 6 actment of this section, provide that the lump-sum 7 credit shall be payable to such Member to the same 8 extent and in the same manner as if such Member 9 satisfied paragraphs (1) through (4) of section 10 8424(a) as of such date of enactment. 11 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 12 term ‘Member’ does not include the Vice President. 13 ‘‘(f) OPT-IN FOR MEMBERS.—Not later than 90 days 14 after the date of enactment of this section, a Member cov- 15 ered by this chapter as of such date may elect, by giving 16 notice in writing to the official by whom such Member is 17 [Text truncated for display. 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