I 

116TH CONGRESS 

1ST SESSION H. R. 765 

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 

JANUARY 24, 2019 

Mr. GALLAGHER (for himself and Mr. FITZPATRICK) 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 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 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 


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Federal Employees Retirement System, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Serve the People, Not 

5 the Swamp Act’’. 

6 SEC. 2. HOUSE AND SENATE APPROVAL OF REGULAR AP7 PROPRIATION BILLS. 

8 Section 312 of the Congressional Budget Act of 1974 

9 is amended by adding at the end the following new sub10 sections: 

11 ‘‘(g) HOUSE AND SENATE APPROVAL OF REGULAR

12 APPROPRIATION BILLS.— 

13 ‘‘(1) POINT OF ORDER IN THE HOUSE OF REP14 RESENTATIVES AGAINST ADJOURNING IN AUGUST

15 UNTIL HOUSE PASSAGE OF ALL APPROPRIATION

16 BILLS.—It shall not be in order in the House of 

17 Representatives to consider any resolution providing 

18 for an adjournment period of more than three cal19 endar days during the month of August until the 

20 House of Representatives has approved annual ap21 propriation bills providing new budget authority 

22 under the jurisdiction of all the subcommittees of 

23 the Committee on Appropriations of the House of 


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1 Representatives for the fiscal year beginning on Oc2 tober 1 of such year. 

3 ‘‘(2) POINTS OF ORDER IN THE HOUSE OF REP4 RESENTATIVES AND SENATE AGAINST ADJOURNING

5 UNTIL HOUSE AND SENATE PASSAGE OF ALL APPRO6 PRIATION BILLS.—Beginning on October 1 of a ses7 sion of Congress and during the duration of that 

8 session, it shall not be in order in the House of Rep9 resentatives or the Senate to consider any resolution 

10 providing for an adjournment period of more than 

11 three calendar days for the duration of that session 

12 until the annual appropriation bills providing new 

13 budget authority under the jurisdiction of all the 

14 subcommittees of the Committees on Appropriations 

15 of the House of Representatives and the Senate for 

16 the fiscal year beginning on October 1 of such year 

17 have been presented to the President under section 

18 7 of article I of the Constitution. 

19 ‘‘(h) NO CONGRESSIONAL RECESSES.—Neither the 

20 Senate nor the House of Representatives may recess or 

21 stand adjourned for a period of longer than 24 hours dur22 ing any calendar year unless and until Congress has 

23 agreed to a concurrent resolution on the budget for the 

24 fiscal year beginning on October 1 of that calendar year 

25 which concurrent resolution projects a balanced budget for 


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1 the Government by the last fiscal year covered by that con2 current resolution.’’. 

3 SEC. 3. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS AP4 POINTED TO EXECUTIVE SCHEDULE POSI5 TIONS AND MEMBERS OF CONGRESS. 

6 (a) INDIVIDUALS APPOINTED TO EXECUTIVE SCHED7 ULE POSITIONS.— 

8 (1) IN GENERAL.—Section 207(d) of title 18, 

9 United States Code, is amended to read as follows: 

10 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL

11 OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN12 CIES.— 

13 ‘‘(1) VICE PRESIDENT.— 

14 ‘‘(A) RESTRICTIONS.—In addition to the 

15 restrictions set forth in subsections (a) and (b), 

16 any person who serves in the position of Vice 

17 President of the United States and who, within 

18 2 years after the termination of that person’s 

19 service in that position, knowingly makes, with 

20 the intent to influence, any communication to 

21 or appearance before any person described in 

22 subparagraph (B), on behalf of any other per23 son (except the United States), in connection 

24 with any matter on which such person seeks of25 ficial action by any officer or employee of the 


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1 executive branch of the United States, shall be 

2 punished as provided in section 216 of this title. 

3 ‘‘(B) PERSONS WHO MAY NOT BE CON4 TACTED.—A person described in this subpara5 graph is— 

6 ‘‘(i) any officer or employee of any de7 partment or agency in which the Vice 

8 President served within a period of 1 year 

9 before the Vice President’s service or em10 ployment with the United States Govern11 ment terminated; and 

12 ‘‘(ii) any person appointed to a posi13 tion in the executive branch which is listed 

14 in section 5312, 5313, 5314, 5315, or 

15 5316 of title 5. 

16 ‘‘(2) FIVE-YEAR RESTRICTION ON INDIVIDUALS

17 IN EXECUTIVE SCHEDULE AND EQUIVALENT POSI18 TIONS.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraphs (B) and (C), and in addition to 

21 the restrictions set forth in subsections (a) and 

22 (b), any individual employed in a position in the 

23 executive branch for which the rate of pay is 

24 the rate of pay payable for any level of the Ex25 ecutive Schedule under subchapter II of chapter 


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1 53 of title 5 who, within 5 years after the ter2 mination of his or her service or employment in 

3 such position, knowingly makes, with the intent 

4 to influence, any communication to or appear5 ance before any officer or employee of any de6 partment or agency in the executive branch, on 

7 behalf of any other person (except the United 

8 States), in connection with any matter on which 

9 such person seeks official action by any officer 

10 or employee of such department or agency, shall 

11 be punished as provided in section 216 of this 

12 title. 

13 ‘‘(B) SPECIAL GOVERNMENT EMPLOY14 EES.—Subparagraph (A) shall not apply to a 

15 special Government employee who serves less 

16 than 60 days in the 1-year period before his or 

17 her service or employment as such employee 

18 terminates. 

19 ‘‘(C) WAIVER.— 

20 ‘‘(i) AUTHORITY.—Except as provided 

21 in clause (ii), at the request of a depart22 ment or agency, the Director of the Office 

23 of Government Ethics may waive the re24 strictions under subparagraph (A) with reVerDate Sep 11 2014 19:33 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H765.IH H765

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1 spect to a position, or a category of posi2 tions, if the Director determines that— 

3 ‘‘(I) the imposition of the restric4 tions with respect to the position, or 

5 category of positions, would create an 

6 undue hardship on the department or 

7 agency in obtaining qualified per8 sonnel to fill the position, or category 

9 of positions; and 

10 ‘‘(II) granting the waiver would 

11 not create the potential for use of 

12 undue influence or unfair advantage. 

13 ‘‘(ii) EXCLUDED POSITIONS.—The Di14 rector of the Office of Government Ethics 

15 may not waive the restrictions under sub16 paragraph (A) with respect to— 

17 ‘‘(I) a position in the executive 

18 branch (including any independent 

19 agency) for which the rate of pay is 

20 the rate of pay payable for level I of 

21 the Executive Schedule; or 

22 ‘‘(II) a position in the Executive 

23 Office of the President for which the 

24 rate of pay is the rate of pay for level 

25 II of the Executive Schedule.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 207 of title 18, United States 

3 Code, is amended— 

4 (A) in subsection (c)(2)— 

5 (i) in subparagraph (A)— 

6 (I) by striking clauses (i) and 

7 (iii); 

8 (II) by redesignating clauses (ii), 

9 (iv), and (v) as clauses (i), (ii), and 

10 (iii), respectively; and 

11 (III) in clause (i), as so redesig12 nated— 

13 (aa) by striking ‘‘which is 

14 not referred to in clause (i)’’ the 

15 first place it appears and insert16 ing ‘‘for which the rate of pay is 

17 not specified in or fixed accord18 ing to subchapter II of chapter 

19 53 of title 5’’; and 

20 (bb) by striking ‘‘, or, for a 

21 period of 2 years’’ and all that 

22 follows through the end of clause 

23 (i) and inserting a comma; and 

24 (ii) in subparagraph (C), in the mat25 ter preceding clause (i), by striking ‘‘clause 


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1 (ii) or (iv)’’ and inserting ‘‘clause (i) or 

2 (ii)’’; and 

3 (B) in subsection (h)(2), by striking the 

4 second sentence. 

5 (b) MEMBERS OF CONGRESS.—Section 207(e)(1) of 

6 title 18, United States Code, is amended— 

7 (1) in subparagraph (A), by striking ‘‘2 years’’ 

8 and inserting ‘‘5 years’’; and 

9 (2) in subparagraph (B)(i), by striking ‘‘Any 

10 person who is a Member of the House of Represent11 atives or an elected officer of the House of Rep12 resentatives and who, within 1 year after that per13 son leaves office,’’ and inserting ‘‘Any person who is 

14 a Member of the House of Representatives and who, 

15 within 5 years after that person leaves office, or any 

16 person who is an elected officer of the House of Rep17 resentatives and who, within 1 year after that per18 son leaves office,’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this Act shall apply with respect to any individual who, 

21 on or after the date of the enactment of this Act, leaves 

22 a position to which section 207 of title 18, United States 

23 Code, applies (as amended by this Act). 


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1 SEC. 4. TERMINATION OF RETIREMENT COVERAGE OF 

2 MEMBERS OF CONGRESS UNDER FEDERAL 

3 EMPLOYEES RETIREMENT SYSTEM. 

4 (a) IN GENERAL.—Subchapter II of chapter 84 of 

5 title 5, United States Code, is amended by inserting after 

6 section 8425 the following: 

7 ‘‘§ 8425a. Termination of further retirement coverage 

8 of Members of Congress 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of this chapter, effective as of the date of enactment 

11 of this section— 

12 ‘‘(1) subject to subsection (f), in the case of an 

13 individual who first becomes a Member before such 

14 date of enactment— 

15 ‘‘(A) such Member shall not be subject to 

16 this chapter for any further period of time after 

17 such date of enactment; and 

18 ‘‘(B) no further Government contributions 

19 or deductions from basic pay may be made with 

20 respect to such Member for deposit in the 

21 Treasury of the United States to the credit of 

22 the Fund; and 

23 ‘‘(2) in the case of an individual who first be24 comes a Member on or after such date of enact25 ment— 


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1 ‘‘(A) such Member shall not be subject to 

2 this chapter; and 

3 ‘‘(B) no Government contributions or de4 ductions from basic pay may be made with re5 spect to such Member for deposit in the Treas6 ury of the United States to the credit of the 

7 Fund. 

8 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 

9 subsection (a) shall be considered to nullify, modify, or 

10 otherwise affect any right, entitlement, or benefit under 

11 this chapter with respect to any Member covering any pe12 riod prior to the date of enactment of this section. 

13 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS

14 PLAN NOT AFFECTED.—Nothing in subsection (a) or (b) 

15 shall affect the eligibility of a Member to participate in 

16 the Thrift Savings Plan in accordance with otherwise ap17 plicable provisions of law. 

18 ‘‘(d) REGULATIONS.— 

19 ‘‘(1) IN GENERAL.—Any regulations necessary 

20 to carry out this section may— 

21 ‘‘(A) except with respect to matters under 

22 subparagraph (B), be prescribed by the Direc23 tor of the Office of Personnel Management; and 

24 ‘‘(B) with respect to matters relating to 

25 the Thrift Savings Plan, be prescribed by the 


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1 Executive Director (as defined by section 

2 8401(13)). 

3 ‘‘(2) REFUNDS.—Notwithstanding subsection 

4 (b), the regulations under paragraph (1)(A) shall, in 

5 the case of a Member who has not completed at 

6 least 5 years of civilian service as of the date of en7 actment of this section, provide that the lump-sum 

8 credit shall be payable to such Member to the same 

9 extent and in the same manner as if such Member 

10 satisfied paragraphs (1) through (4) of section 

11 8424(a) as of such date of enactment. 

12 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 

13 term ‘Member’ does not include the Vice President. 

14 ‘‘(f) OPT-IN FOR MEMBERS.—Not later than 90 days 

15 after the date of enactment of this section, a Member cov16 ered by this chapter as of such date may elect, by giving 

17 notice in writing to the official by whom such Member is 

18 paid, to remain subject to this chapter.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 84 of title 5, United States 

21 Code, is amended by inserting after the item relating to 

22 section 8425 the following: 

‘‘8425a. Termination of further retirement coverage of Members of Congress.’’. 

Æ 


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