No Budget, No Pay Act

II 116TH CONGRESS 1ST SESSION S. 39 To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills. IN THE SENATE OF THE UNITED STATES JANUARY 8, 2019 Mr. BRAUN (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills. 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 ‘‘No Budget, No Pay 4 Act’’. 5 SEC. 2. DEFINITION. 6 In this Act, the term ‘‘Member of Congress’’— 7 VerDate Sep 11 2014 00:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S39.IS S39 kjohnson on DSK79L0C42 with BILLS 2 •S 39 IS (1) has the meaning given under section 2106 1 of title 5, United States Code; and 2 (2) does not include the Vice President. 3 SEC. 3. TIMELY APPROVAL OF CONCURRENT RESOLUTION 4 ON THE BUDGET AND THE APPROPRIATIONS 5 BILLS. 6 If both Houses of Congress have not approved a con- 7 current resolution on the budget as described under sec- 8 tion 301 of the Congressional Budget and Impoundment 9 Control Act of 1974 (2 U.S.C. 632) for a fiscal year before 10 October 1 of that fiscal year and have not passed all the 11 regular appropriations bills for the next fiscal year before 12 October 1 of that fiscal year, the pay of each Member of 13 Congress may not be paid for each day following that Oc- 14 tober 1 until the date on which both Houses of Congress 15 approve a concurrent resolution on the budget for that fis- 16 cal year and all the regular appropriations bills. 17 SEC. 4. NO PAY WITHOUT CONCURRENT RESOLUTION ON 18 THE BUDGET AND THE APPROPRIATIONS 19 BILLS. 20 (a) IN GENERAL.—Notwithstanding any other provi- 21 sion of law, no funds may be appropriated or otherwise 22 be made available from the United States Treasury for 23 the pay of any Member of Congress during any period de- 24 termined by the Chairpersons of the Committee on the 25 VerDate Sep 11 2014 00:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S39.IS S39 kjohnson on DSK79L0C42 with BILLS 3 •S 39 IS Budget and the Committee on Appropriations of the Sen- 1 ate or the Chairpersons of the Committee on the Budget 2 and the Committee on Appropriations of the House of 3 Representatives under section 5. 4 (b) NO RETROACTIVE PAY.—A Member of Congress 5 may not receive pay for any period determined by the 6 Chairpersons of the Committee on the Budget and the 7 Committee on Appropriations of the Senate or the Chair- 8 persons of the Committee on the Budget and the Com- 9 mittee on Appropriations of the House of Representatives 10 under section 5, at any time after the end of that period. 11 SEC. 5. DETERMINATIONS. 12 (a) SENATE.— 13 (1) REQUEST FOR CERTIFICATIONS.—On Octo- 14 ber 1 of each year, the Secretary of the Senate shall 15 submit a request to the Chairpersons of the Com- 16 mittee on the Budget and the Committee on Appro- 17 priations of the Senate for certification of deter- 18 minations made under subparagraphs (A) and (B) 19 of paragraph (2). 20 (2) DETERMINATIONS.—The Chairpersons of 21 the Committee on the Budget and the Committee on 22 Appropriations of the Senate shall— 23 (A) on October 1 of each year, make a de- 24 termination of whether Congress is in compli- 25 VerDate Sep 11 2014 00:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S39.IS S39 kjohnson on DSK79L0C42 with BILLS 4 •S 39 IS ance with section 3 and whether Senators may 1 not be paid under that section; 2 (B) determine the period of days following 3 each October 1 that Senators may not be paid 4 under section 3; and 5 (C) provide timely certification of the de- 6 terminations under subparagraphs (A) and (B) 7 upon the request of the Secretary of the Senate. 8 (b) HOUSE OF REPRESENTATIVES.— 9 (1) REQUEST FOR CERTIFICATIONS.—On Octo- 10 ber 1 of each year, the Chief Administrative Officer 11 of the House of Representatives shall submit a re- 12 quest to the Chairpersons of the Committee on the 13 Budget and the Committee on Appropriations of the 14 House of Representatives for certification of deter- 15 minations made under subparagraphs (A) and (B) 16 of paragraph (2). 17 (2) DETERMINATIONS.—The Chairpersons of 18 the Committee on the Budget and the Committee on 19 Appropriations of the House of Representatives 20 shall— 21 (A) on October 1 of each year, make a de- 22 termination of whether Congress is in compli- 23 ance with section 3 and whether Members of 24 VerDate Sep 11 2014 00:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S39.IS S39 kjohnson on DSK79L0C42 with BILLS 5 •S 39 IS the House of Representatives may not be paid 1 under that section; 2 (B) determine the period of days following 3 each October 1 that Members of the House of 4 Representatives may not be paid under section 5 3; and 6 (C) provide timely certification of the de- 7 terminations under subparagraphs (A) and (B) 8 upon the request of the Chief Administrative 9 Officer of the House of Representatives. 10 SEC. 6. EFFECTIVE DATE. 11 This Act shall take effect on February 1, 2021. 12 Æ VerDate Sep 11 2014 00:56 Jan 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S39.IS S39 kjohnson on DSK79L0C42 with BILLS