S.Amdt. 3832Senate117th Congress (2021-2023)2nd degree

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.

What it does: Adds DIVISION E--NO BUDGET, NO PAY at the end of S.Amdt. 3830
Sponsored by Mike BraunSen. Mike Braun (R-IN)
Submitted September 29, 2021

What it changes

1 change to S.Amdt. 3830 · shown in S.Amdt. 3830's text

Adds a section
  1. Adds DIVISION E--NO BUDGET, NO PAY at the end of S.Amdt. 3830

    Adds a section

    In S.Amdt. 3830 as proposed

    (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

    Inserted: DIVISION E--NO BUDGET, NO PAY

    Inserted: SEC. 4101. SHORT TITLE.

    Inserted: This division may be cited as the "No Budget, No Pay Act".

    Inserted: SEC. 4102. DEFINITION.

    Inserted: In this division, the term "Member of Congress"--

    Inserted: (1) has the meaning given under section 2106 of title 5, United States Code; and

    Inserted: (2) does not include the Vice President.

    Inserted: SEC. 4103. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE BUDGET AND THE APPROPRIATIONS BILLS.

    Inserted: If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year before October 1 of that fiscal year, the pay of each Member of Congress may not be paid for each day following that October 1 until the date on which both Houses of Congress approve a concurrent resolution on the budget for that fiscal year and all the regular appropriations bills.

    Inserted: SEC. 4104. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET AND THE APPROPRIATIONS BILLS.

    Inserted: (a) In General.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 4105.

    Inserted: (b) No Retroactive Pay.--A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 4105, at any time after the end of that period.

    Show 15 more inserted paragraphs

    Inserted: SEC. 4105. DETERMINATIONS.

    Inserted: (a) Senate.--

    Inserted: (1) Request for certifications.--On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under subparagraphs (A) and (B) of paragraph (2).

    Inserted: (2) Determinations.--The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall--

    Inserted: (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 4103 and whether Senators may not be paid under that section;

    Inserted: (B) determine the period of days following each October 1 that Senators may not be paid under section 4103; and

    Inserted: (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate.

    Inserted: (b) House of Representatives.--

    Inserted: (1) Request for certifications.--On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under subparagraphs (A) and (B) of paragraph (2).

    Inserted: (2) Determinations.--The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall--

    Inserted: (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 4103 and whether Members of the House of Representatives may not be paid under that section;

    Inserted: (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 4103; and

    Inserted: (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives.

    Inserted: SEC. 4106. EFFECTIVE DATE.

    Inserted: This division shall take effect on September 29, 2023.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3832. Mr. BRAUN submitted an amendment intended to be proposed by him to the bill H.R. 5305, making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--NO BUDGET, NO PAY

SEC. 4101. SHORT TITLE.

This division may be cited as the “No Budget, No Pay Act”.

SEC. 4102. DEFINITION.

In this division, the term “Member of Congress”--

(1) has the meaning given under section 2106 of title 5, United States Code; and

(2) does not include the Vice President.

SEC. 4103. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE BUDGET AND THE APPROPRIATIONS BILLS.

If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year before October 1 of that fiscal year, the pay of each Member of Congress may not be paid for each day following that October 1 until the date on which both Houses of Congress approve a concurrent resolution on the budget for that fiscal year and all the regular appropriations bills.

SEC. 4104. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET AND THE APPROPRIATIONS BILLS.

(a) In General.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 4105.

(b) No Retroactive Pay.--A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 4105, at any time after the end of that period.

SEC. 4105. DETERMINATIONS.

(a) Senate.--

(1) Request for certifications.--On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under subparagraphs (A) and (B) of paragraph (2).

(2) Determinations.--The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall--

(A) on October 1 of each year, make a determination of whether Congress is in compliance with section 4103 and whether Senators may not be paid under that section;

(B) determine the period of days following each October 1 that Senators may not be paid under section 4103; and

(C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate.

(b) House of Representatives.--

(1) Request for certifications.--On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under subparagraphs (A) and (B) of paragraph (2).

(2) Determinations.--The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall--

(A) on October 1 of each year, make a determination of whether Congress is in compliance with section 4103 and whether Members of the House of Representatives may not be paid under that section;

(B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 4103; and

(C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives.

SEC. 4106. EFFECTIVE DATE.

This division shall take effect on September 29, 2023.

Legislative Activity

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5 earlier actions
Floor Latest Action

Senate amendment not agreed to: Amendment SA 3832, under the order of 9/29/21, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 53 - 47. Record Vote Number: 396.

September 30, 2021

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Floor

Senate amendment not agreed to: Amendment SA 3832, under the order of 9/29/21, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 53 - 47. Record Vote Number: 396.

September 30, 2021

Floor

Roll call votes on amendments in Senate: Amendment SA 3832, under the order of 9/29/21, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 53 - 47. Record Vote Number: 396.

September 30, 2021

Floor

Senate amendment proposed (on the floor): Amendment SA 3832 proposed by Senator Leahy for Senator Braun to Amendment SA 3830.

September 30, 2021

Floor

Amendment SA 3832 proposed by Senator Leahy for Senator Braun to Amendment SA 3830. (consideration: CR S6805-6806, S6809; text: CR S6805-6806) 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.

September 30, 2021

Floor

Amendment SA 3832, under the order of 9/29/21, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 53 - 47. Record Vote Number: 396.

September 30, 2021

Floor

Senate amendment submitted

September 29, 2021