Roadmap to Congressional Reform Act

I 117TH CONGRESS 1ST SESSION H. R. 470 To withhold the salaries of Members of Congress upon failure to agree to a budget resolution, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 2021 Mr. HERN introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Rules, the Budget, Oversight and Reform, and the Judiciary, 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 con- cerned A BILL To withhold the salaries of Members of Congress upon failure to agree to a budget resolution, 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 ‘‘Roadmap to Congres- 4 sional Reform Act’’. 5 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 470 IH SEC. 2. HOLDING SALARIES OF MEMBERS OF CONGRESS IN 1 ESCROW UPON FAILURE TO AGREE TO BUDG- 2 ET RESOLUTION. 3 (a) HOLDING SALARIES IN ESCROW.— 4 (1) IN GENERAL.—If by April 15, 2021, a 5 House of Congress has not agreed to a concurrent 6 resolution on the budget for fiscal year 2022 pursu- 7 ant to section 301 of the Congressional Budget Act 8 of 1974, during the period described in paragraph 9 (2) the payroll administrator of that House of Con- 10 gress shall deposit in an escrow account all pay- 11 ments otherwise required to be made during such 12 period for the compensation of Members of Congress 13 who serve in that House of Congress, and shall re- 14 lease such payments to such Members only upon the 15 expiration of such period. 16 (2) PERIOD DESCRIBED.—With respect to a 17 House of Congress, the period described in this 18 paragraph is the period which begins on April 16, 19 2021 and ends on the earlier of— 20 (A) the day on which the House of Con- 21 gress agrees to a concurrent resolution on the 22 budget for fiscal year 2022 pursuant to section 23 301 of the Congressional Budget Act of 1974; 24 or 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 470 IH (B) the last day of the One Hundred Sev- 1 enteenth Congress. 2 (3) WITHHOLDING AND REMITTANCE OF 3 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 4 payroll administrator shall provide for the same 5 withholding and remittance with respect to a pay- 6 ment deposited in an escrow account under para- 7 graph (1) that would apply to the payment if the 8 payment were not subject to paragraph (1). 9 (4) RELEASE OF AMOUNTS AT END OF THE 10 CONGRESS.—In order to ensure that this section is 11 carried out in a manner that shall not vary the com- 12 pensation of Senators or Representatives in violation 13 of the twenty-seventh article of amendment to the 14 Constitution of the United States, the payroll ad- 15 ministrator of a House of Congress shall release for 16 payments to Members of that House of Congress 17 any amounts remaining in any escrow account under 18 this section on the last day of the One Hundred Sev- 19 enteenth Congress. 20 (5) ROLE OF SECRETARY OF THE TREASURY.— 21 The Secretary of the Treasury shall provide the pay- 22 roll administrators of the Houses of Congress with 23 such assistance as may be necessary to enable the 24 payroll administrators to carry out this section. 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 470 IH (b) TREATMENT OF DELEGATES AS MEMBERS.—In 1 this section, the term ‘‘Member of Congress’’ includes a 2 Delegate or Resident Commissioner to the Congress. 3 (c) PAYROLL ADMINISTRATOR DEFINED.—In this 4 section, the ‘‘payroll administrator’’ of a House of Con- 5 gress means— 6 (1) in the case of the House of Representatives, 7 the Chief Administrative Officer of the House of 8 Representatives, or an employee of the Office of the 9 Chief Administrative Officer who is designated by 10 the Chief Administrative Officer to carry out this 11 section; and 12 (2) in the case of the Senate, the Secretary of 13 the Senate, or an employee of the Office of the Sec- 14 retary of the Senate who is designated by the Sec- 15 retary to carry out this section. 16 SEC. 3. NO BUDGET, NO RECESS. 17 (a) IN GENERAL.—Section 300 of the Congressional 18 Budget Act of 1974 (2 U.S.C. 631) is amended— 19 (1) by striking ‘‘The timetable’’ and inserting 20 the following: 21 ‘‘(a) IN GENERAL.—The timetable’’; and 22 (2) by adding at the end the following: 23 ‘‘(b) NO BUDGET, NO RECESS.— 24 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 470 IH ‘‘(1) LIMITS IN THE SENATE AND HOUSE OF 1 REPRESENTATIVES.—The procedures specified in 2 paragraphs (2), (3), and (4) shall apply in the Sen- 3 ate and the procedures specified in paragraphs (2), 4 (3), and (5) shall apply in the House of Representa- 5 tives— 6 ‘‘(A) on and after April 15 of each year, 7 if the Senate and House of Representatives 8 have not adopted a concurrent resolution on the 9 budget for the next fiscal year; and 10 ‘‘(B) on and after August 1 of each year, 11 if the Senate and House of Representatives 12 have not passed, individually or collectively, all 13 the regular appropriations bills for the next fis- 14 cal year. 15 ‘‘(2) NO RECESS OR ADJOURNMENT.—During a 16 period described in paragraph (1), it shall not be in 17 order in the Senate or the House of Representatives 18 to move to recess or to adjourn for more than 8 19 hours. 20 ‘‘(3) NO OFFICIAL TRAVEL.— 21 ‘‘(A) IN GENERAL.—Except as provided in 22 subparagraph (B), during a period described in 23 paragraph (1), no amounts may be obligated or 24 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 470 IH expended for official travel by a Member of 1 Congress. 2 ‘‘(B) RETURN TO DC.—If a Member of 3 Congress is away from the seat of Government 4 when a period described in paragraph (1) be- 5 gins, funds may be obligated and expended for 6 official travel by the Member of Congress to re- 7 turn to the seat of Government. 8 ‘‘(4) ADDITIONAL LIMITS IN THE SENATE.— 9 ‘‘(A) DETERMINATION OF PRESENCE OF A 10 QUORUM.—Notwithstanding any provision of 11 the Standing Rules of the Senate, in the Sen- 12 ate, during each day during a period described 13 in paragraph (1), the Presiding Officer shall di- 14 rect the Clerk to call the roll to ascertain the 15 presence of a quorum— 16 ‘‘(i) at noon; and 17 ‘‘(ii) at 6:00 p.m. 18 ‘‘(B) LACK OF QUORUM.— 19 ‘‘(i) IN GENERAL.—If, upon a calling 20 of the roll under subparagraph (A), it shall 21 be ascertained that a quorum is not 22 present— 23 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 470 IH ‘‘(I) the Presiding Officer shall 1 direct the Clerk to call the names of 2 any absent Senators; and 3 ‘‘(II) following the calling of the 4 names under subclause (I), the Pre- 5 siding Officer shall, without inter- 6 vening motion or debate, submit to 7 the Senate by a yea-and-nay vote the 8 question: ‘Shall the Sergeant-at-Arms 9 be directed to request the attendance 10 of absent Senators?’. 11 ‘‘(ii) DIRECTION TO COMPEL ATTEND- 12 ANCE.—If a quorum is not present 30 13 minutes after the time at which the vote 14 on a question submitted under clause 15 (i)(II) starts, the Presiding Officer shall, 16 without intervening motion or debate, sub- 17 mit to the Senate by a yea-and-nay vote 18 the question: ‘Shall the Sergeant-at-Arms 19 be directed to compel the attendance of ab- 20 sent Senators?’. 21 ‘‘(iii) ARREST OF ABSENT SEN- 22 ATORS.—Effective 30 minutes after the 23 Sergeant-at-Arms is directed to compel the 24 attendance of absent Senators under clause 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 470 IH (ii), if any Senator not excused under rule 1 XII of the Standing Rules of the Senate is 2 not in attendance, the Senate shall be 3 deemed to have agreed an order that reads 4 as follows: ‘Ordered, That the Sergeant-at- 5 Arms be directed to arrest absent Sen- 6 ators, that warrants for the arrests of all 7 Senators not sick nor excused be issued 8 under the signature of the Presiding Offi- 9 cer and attested by the Secretary, and that 10 such warrants be executed without delay.’. 11 ‘‘(iv) REPORTS.—Not less frequently 12 than once per hour during proceedings to 13 compel the attendance of absent Senators, 14 the Sergeant-at-Arms shall submit to the 15 Senate a report on absent Senators, which 16 shall— 17 ‘‘(I) be laid before the Senate; 18 ‘‘(II) identify each Senator whose 19 absence is excused; 20 ‘‘(III) identify each Senator who 21 is absent without excuse; and 22 ‘‘(IV) for each Senator identified 23 under subclause (III), provide infor- 24 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 470 IH mation on the current location of the 1 Senator. 2 ‘‘(C) REGAINING THE FLOOR.—If a Sen- 3 ator had been recognized to speak at the time 4 a call of the roll to ascertain the presence of a 5 quorum was initiated under subparagraph (A), 6 and if the presence of a quorum is established, 7 that Senator shall be entitled to be recognized 8 to speak. 9 ‘‘(D) NO SUSPENSION OF REQUIRE- 10 MENTS.—The Presiding Officer may not enter- 11 tain a request to suspend the operation of this 12 paragraph by unanimous consent or motion. 13 ‘‘(E) CONSISTENCY WITH SENATE EMER- 14 GENCY PROCEDURES AND PRACTICES.—Nothing 15 in this paragraph shall be construed in a man- 16 ner that is inconsistent with S. Res. 296 (108th 17 Congress) or any other emergency procedures 18 or practices of the Senate. 19 ‘‘(5) ADDITIONAL LIMITS IN THE HOUSE OF 20 REPRESENTATIVES.—Notwithstanding any provision 21 of the Rules of the House of Representatives, in the 22 House of Representatives, during each day during a 23 period described in paragraph (1), each Member of 24 the House of Representatives shall record his or her 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 470 IH presence for purposes of establishing a quorum at 1 noon and 6:00 p.m. 2 ‘‘(6) NO WAIVER.—Notwithstanding section 3 904(b), paragraphs (2), (3), (4), and (5) of this sub- 4 section may not be waived or suspended in the Sen- 5 ate or the House of Representatives. 6 ‘‘(7) PERMANENT LAW.—Notwithstanding sec- 7 tion 904(a), paragraph (3) of this subsection is not 8 enacted as an exercise of the rulemaking power of 9 the Senate or the House of Representatives.’’. 10 (b) COMPLETION OF HOUSE ACTION ON REGULAR 11 APPROPRIATIONS BILLS.—Section 309 of the Congres- 12 sional Budget Act of 1974 (2 U.S.C. 640) is amended by 13 inserting ‘‘or August’’ after ‘‘July’’. 14 SEC. 4. MAKING FERS OPTIONAL FOR MEMBERS. 15 (a) IN GENERAL.— 16 (1) AMENDMENT.—Section 8401(20) of title 5, 17 United States Code, is amended by striking ‘‘, and 18 who (in the case’’ and all that follows through 19 ‘‘2004’’. 20 (2) APPLICABILITY.—The amendment made by 21 paragraph (1) shall apply with respect to an indi- 22 vidual who first serves as a Member of the House 23 of Representatives, including a Delegate or Resident 24 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 470 IH Commissioner to the Congress, on or after the date 1 of enactment of this Act. 2 (b) CONTINUED PARTICIPATION IN TSP.— 3 (1) AMENDMENT.—Section 8401(20) of title 5, 4 United States Code, as amended by subsection (a), 5 is further amended— 6 (A) by striking ‘‘term ‘Member’ has’’ and 7 inserting the following: ‘‘term ‘Member’— 8 ‘‘(A) has’’; 9 (B) by inserting ‘‘, subject to subpara- 10 graph (B),’’ after ‘‘except that’’; 11 (C) by adding ‘‘and’’ after the semicolon at 12 the end; and 13 (D) by adding at the end the following: 14 ‘‘(B) for purposes of subchapter III, has the 15 same meaning as provided in section 2106, without 16 regard to whether the individual elects not to partici- 17 pate in the Federal Employees’ Retirement Sys- 18 tem;’’. 19 (2) CONFORMING AMENDMENT TO TSP.—Sec- 20 tion 8431(a) of title 5, United States Code, is 21 amended by inserting ‘‘except as provided in section 22 8401(20)(B),’’ after ‘‘subchapter,’’. 23 (3) APPLICABILITY.—The amendments made 24 by this subsection shall apply with respect to an in- 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 470 IH dividual who makes an election described in section 1 8401(20) of title 5, United States Code, not to par- 2 ticipate in the Federal Employees’ Retirement Sys- 3 tem before, on, or after the date of enactment of this 4 Act. 5 SEC. 5. CONGRESSIONAL LEGISLATION REQUIREMENTS. 6 (a) CONSTITUTIONAL AUTHORITY STATEMENT.— 7 This section is enacted pursuant to the power conferred 8 by the Constitution of the United States upon each House 9 of Congress by— 10 (1) article I, section 5, clauses 2 and 3 to deter- 11 mine the rules and keep a journal of its proceedings, 12 respectively; 13 (2) article I, section 7, clause 2 to ensure that 14 bills that become law have been actually passed by, 15 not just passed through, each House of Congress; 16 and 17 (3) article I, section 8, clause 18, which author- 18 izes Congress to make all laws that are necessary 19 and proper for carrying into execution the rules of 20 each House of Congress. 21 (b) STANDING PROVISION.—The provision of this 22 section under which any person who is aggrieved by the 23 enforcement of any law enacted either in violation of the 24 rules of proceedings of either House of Congress, or by 25 VerDate Sep 11 2014 15:37 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H470.IH H470 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 470 IH the suspension of the rules, as prescribed herein, shall 1 have standing in a court of law, is enacted pursuant to 2 article III, section 2 of the Constitution of the United 3 States. 4 (c) FINDI [Text truncated for display. Full text available on Congress.gov.]