I 
118TH CONGRESS 
1ST SESSION H. R. 5068 
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 
JULY 28, 2023 
Mr. GALLAGHER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on the Budg-
et, 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 com-
mittee 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 
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Federal Employees Retirement System, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 AP-
PROPRIATION BILLS. 
Section 312 of the Congressional Budget Act of 1974 
is amended by adding at the end the following new sub-
sections: 
‘‘(g) HOUSE AND SENATE APPROVAL OF REGULAR 
APPROPRIATION BILLS.— 
‘‘(1) POINT OF ORDER IN THE HOUSE OF REP-
RESENTATIVES
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 cal-
endar days during the month of August until the 
House of Representatives has approved annual ap-
propriation bills providing new budget authority 
under the jurisdiction of all the subcommittees of 
the Committee on Appropriations of the House of 
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Representatives for the fiscal year beginning on Oc-
tober 1 of such year. 
‘‘(2) POINTS OF ORDER IN THE HOUSE OF REP-
RESENTATIVES AND SENATE AGAINST ADJOURNING 
UNTIL HOUSE AND SENATE PASSAGE OF ALL APPRO-
PRIATION BILLS.—Beginning on October 1 of a ses-
sion of Congress and during the duration of that 
session, it shall not be in order in the House of Rep-
resentatives 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 dur-
ing 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 
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the Government by the last fiscal year covered by that con-
current resolution.’’. 
SEC. 3. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS AP-
POINTED TO EXECUTIVE SCHEDULE POSI-
TIONS AND MEMBERS OF CONGRESS. 
(a) INDIVIDUALS APPOINTED TO EXECUTIVE SCHED-
ULE 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 AGEN-
CIES.— 
‘‘(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 per-
son (except the United States), in connection 
with any matter on which such person seeks of-
ficial action by any officer or employee of the 
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executive branch of the United States, shall be 
punished as provided in section 216 of this title. 
‘‘(B) PERSONS
WHO
MAY
NOT
BE
CON-
TACTED.—A person described in this subpara-
graph is— 
‘‘(i) any officer or employee of any de-
partment or agency in which the Vice 
President served within a period of 1 year 
before the Vice President’s service or em-
ployment with the United States Govern-
ment terminated; and 
‘‘(ii) any person appointed to a posi-
tion 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 POSI-
TIONS.— 
‘‘(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 Ex-
ecutive Schedule under subchapter II of chapter 
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53 of title 5 who, within 5 years after the ter-
mination of his or her service or employment in 
such position, knowingly makes, with the intent 
to influence, any communication to or appear-
ance before any officer or employee of any de-
partment 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
EMPLOY-
EES.—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 depart-
ment or agency, the Director of the Office 
of Government Ethics may waive the re-
strictions under subparagraph (A) with re-
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spect to a position, or a category of posi-
tions, if the Director determines that— 
‘‘(I) the imposition of the restric-
tions with respect to the position, or 
category of positions, would create an 
undue hardship on the department or 
agency in obtaining qualified per-
sonnel 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 Di-
rector of the Office of Government Ethics 
may not waive the restrictions under sub-
paragraph (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.’’. 
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(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—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 redesig-
nated— 
(aa) by striking ‘‘which is 
not referred to in clause (i)’’ the 
first place it appears and insert-
ing ‘‘for which the rate of pay is 
not specified in or fixed accord-
ing 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 mat-
ter preceding clause (i), by striking ‘‘clause 
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(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 Represent-
atives or an elected officer of the House of Rep-
resentatives and who, within 1 year after that per-
son 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 Rep-
resentatives and who, within 1 year after that per-
son 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). 
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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: 
‘‘§ 8425a. Termination of further retirement coverage 
of Members of Congress 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision 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 be-
comes a Member on or after such date of enact-
ment— 
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‘‘(A) such Member shall not be subject to 
this chapter; and 
‘‘(B) no Government contributions or de-
ductions from basic pay may be made with re-
spect to such Member for deposit in the Treas-
ury 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 pe-
riod 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 ap-
plicable 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 Direc-
tor of the Office of Personnel Management; and 
‘‘(B) with respect to matters relating to 
the Thrift Savings Plan, be prescribed by the 
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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 en-
actment 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 cov-
ered 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.’’. 
Æ 
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