Roadmap to Congressional Reform Act
A BILL
To withhold the salaries of Members of Congress upon failure to agree to a budget resolution, and for other purposes.
Sec. 2 Holding salaries of Members of Congress in escrow upon failure to agree to budget resolution
Sec. 3 No budget, no recess
“(a) In general—The timetable”
“(b) No budget, no recess
“(1) Limits in the Senate and House of Representatives—The procedures specified in paragraphs (2), (3), and (4) shall apply in the Senate and the procedures specified in paragraphs (2), (3), and (5) shall apply in the House of Representatives—
“(A) on and after April 15 of each year, if the Senate and House of Representatives have not adopted a concurrent resolution on the budget for the next fiscal year; and
“(B) on and after August 1 of each year, if the Senate and House of Representatives have not passed, individually or collectively, all the regular appropriations bills for the next fiscal year.
“(2) No recess or adjournment—During a period described in paragraph (1), it shall not be in order in the Senate or the House of Representatives to move to recess or to adjourn for more than 8 hours.
“(3) No official travel
“(A) In general—Except as provided in subparagraph (B), during a period described in paragraph (1), no amounts may be obligated or expended for official travel by a Member of Congress.
“(B) Return to DC—If a Member of Congress is away from the seat of Government when a period described in paragraph (1) begins, funds may be obligated and expended for official travel by the Member of Congress to return to the seat of Government.
“(4) Additional limits in the Senate
“(A) Determination of presence of a quorum—Notwithstanding any provision of the Standing Rules of the Senate, in the Senate, during each day during a period described in paragraph (1), the Presiding Officer shall direct the Clerk to call the roll to ascertain the presence of a quorum—
“(i) at noon; and
“(ii) at 6:00 p.m.
“(B) Lack of quorum
“(i) In general—If, upon a calling of the roll under subparagraph (A), it shall be ascertained that a quorum is not present—
“(I) the Presiding Officer shall direct the Clerk to call the names of any absent Senators; and
“(II) following the calling of the names under subclause (I), the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: “Shall the Sergeant-at-Arms be directed to request the attendance of absent Senators?”.
“(ii) Direction to compel attendance—If a quorum is not present 30 minutes after the time at which the vote on a question submitted under clause (i)(II) starts, the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: “Shall the Sergeant-at-Arms be directed to compel the attendance of absent Senators?”.
“(iii) Arrest of absent senators—Effective 30 minutes after the Sergeant-at-Arms is directed to compel the attendance of absent Senators under clause (ii), if any Senator not excused under rule XII of the Standing Rules of the Senate is not in attendance, the Senate shall be deemed to have agreed an order that reads as follows: “Ordered, That the Sergeant-at-Arms be directed to arrest absent Senators, that warrants for the arrests of all Senators not sick nor excused be issued under the signature of the Presiding Officer and attested by the Secretary, and that such warrants be executed without delay.”.
“(iv) Reports—Not less frequently than once per hour during proceedings to compel the attendance of absent Senators, the Sergeant-at-Arms shall submit to the Senate a report on absent Senators, which shall—
“(I) be laid before the Senate;
“(II) identify each Senator whose absence is excused;
“(III) identify each Senator who is absent without excuse; and
“(IV) for each Senator identified under subclause (III), provide information on the current location of the Senator.
“(C) Regaining the floor—If a Senator had been recognized to speak at the time a call of the roll to ascertain the presence of a quorum was initiated under subparagraph (A), and if the presence of a quorum is established, that Senator shall be entitled to be recognized to speak.
“(D) No suspension of requirements—The Presiding Officer may not entertain a request to suspend the operation of this paragraph by unanimous consent or motion.
“(E) Consistency with Senate emergency procedures and practices—Nothing in this paragraph shall be construed in a manner that is inconsistent with S. Res. 296 (108th Congress) or any other emergency procedures or practices of the Senate.
“(5) Additional limits in the House of Representatives—Notwithstanding any provision of the Rules of the House of Representatives, in the House of Representatives, during each day during a period described in paragraph (1), each Member of the House of Representatives shall record his or her presence for purposes of establishing a quorum at noon and 6:00 p.m.
“(6) No waiver—Notwithstanding section 904(b), paragraphs (2), (3), (4), and (5) of this subsection may not be waived or suspended in the Senate or the House of Representatives.
“(7) Permanent law—Notwithstanding section 904(a), paragraph (3) of this subsection is not enacted as an exercise of the rulemaking power of the Senate or the House of Representatives.”
Sec. 4 Making FERS optional for Members
“(A) has”
“(B) for purposes of subchapter III, has the same meaning as provided in section 2106, without regard to whether the individual elects not to participate in the Federal Employees' Retirement System;”
Sec. 5 Congressional legislation requirements
“105a. Text of bill or resolution to specify its constitutional authority
“(a) Requirement
“(1) In general—Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof.
“(2) Failure to comply—Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate.
“(b) Floor consideration
“(1) In general—The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment.
“(2) Failure to comply—Any bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage.
“(c) No waiver or modification—Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section.
“105b. Text of bill or resolution to set forth current law
“(a) Requirement
“(1) In general—Any bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth—
“(A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim;
“(B) the amendments proposed in the bill or resolution; and
“(C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law.
“(2) Failure to comply—Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate.
“(b) Floor consideration
“(1) In general—The requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment.
“(2) Failure to comply—Any bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage.
“(c) No waiver or modification—Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section.
“105c. Procedures prior to vote on bill or resolution
“(a) In general
“(1) Requirements for vote—A vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless—
“(A) the full text of the bill or resolution is published at least 7 days before the vote on an official Internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives;
“(B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and
“(C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution.
“(2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution—
“(A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and
“(B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress.
“(b) Affidavit
“(1) In general—Before voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member—
“(A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or
“(B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety.
“(2) Vote against passage—A Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution.
“(3) Records—Copies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively.
“(c) Journal—With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied.
“(d) No waiver or modification—Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section.
“105d. Enforcement clause
“(a) In general—An Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress.
“(b) Cause of action—Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by—
“(1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c;
“(2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and
“(3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c.”
Sec. 6 Withholding pay of Members who vote by proxy
Sec. 7 Prohibiting consideration of legislation containing earmarks
Sec. 8 Prohibiting former Members and officers of Congress from lobbying Congress
“(1) Members and elected officers of Congress—Any person who is a Senator, a Member of the House of Representatives, or an elected officer of the Senate or the House of Representatives and who, after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.”