H.R. 6085

To amend section 40 of the Revised Statutes of the United States to clarify that for purposes of determining whether a Member of the House of Representatives is subject to a deduction from in pay by reason of absence from the House on a day, the Member shall be considered to be absent if the Member misses any vote held in the House on that day, and for other purposes.

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I

112th CONGRESS

2d Session

H. R. 6085

IN THE HOUSE OF REPRESENTATIVES

July 9, 2012

Mr. Boustany introduced the following bill; which was referred to the Committee on House Administration

A BILL

To amend section 40 of the Revised Statutes of the United States to clarify that for purposes of determining whether a Member of the House of Representatives is subject to a deduction in pay by reason of absence from the House on a day, the Member shall be considered to be absent if the Member misses any vote held in the House on that day, and for other purposes.

1.

Determination of absence of Members from House for purposes of deductions from pay

(a)

Absence based on missing votes

Section 40 of the Revised Statutes of the United States (2 U.S.C. 39) is amended—

(1)

by striking or Delegate the first place it appears and inserting (including a Delegate or Resident Commissioner to the Congress);

(2)

by striking or Delegate the second place it appears; and

(3)

by adding at the end the following new sentence: For purposes of the previous sentence, a Member shall be considered to be absent from the House on a day if the Member does not cast a vote on any vote taken in the House (including any vote taken in the Committee of the Whole House on the State of the Union) on that day..

(b)

Criteria for determining excusable absences

Section 40 of the Revised Statutes of the United States (2 U.S.C. 39), as amended by subsection (a)(2), is amended by striking unless such Member assigns as the reason for such absence the sickness of himself or of some member of his family and inserting the following: unless such Member submits a written notice to the Speaker that the reason for such absence is the sickness of the Member or of some member of the Member’s family.

(c)

Publication of list of Members submitting requests for excusable absences and members subject to deduction from pay

Section 40 of the Revised Statutes of the United States (2 U.S.C. 39) is amended—

(1)

by striking The Chief and inserting (a) Deductions From Pay.—The Chief; and

(2)

by adding at the end the following new subsection:

(b)

Publication of List of Members

Not later than 5 days after the end of each month (excluding Saturdays, Sundays, and legal public holidays), the Chief Administrative Officer shall publish on the official public Internet site of the House of Representatives a list showing the following information:

(1)

Each Member whose pay was subject to deduction under subsection (a) for the month, together with (for each such Member)—

(A)

the amount of the Member’s pay which was deducted during the month and the aggregate amount of the Member’s pay which was deducted during the session of Congress involved; and

(B)

the number of days for which the Member’s pay was subject to deduction during the month and the aggregate number of days for which the Member’s pay was subject to deduction during the session of Congress involved.

(2)

Each Member who submitted a written notice to the Speaker under subsection (a) during the month, together with a copy of the notice.

.

(d)

Effective date

The amendments made by this section shall take effect January 1, 2013.