II 

112TH CONGRESS 

1ST SESSION S. 1442 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2011 

Mr. HELLER (for himself, Mr. BURR, Mr. VITTER, and Mr. BOOZMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Budget, No Pay 

5 Act’’. 

6 SEC. 2. DEFINITION. 

7 In this section, the term ‘‘Member of Congress’’— 

8 (1) has the meaning given under section 2106 

9 of title 5, United States Code; and 


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1 (2) does not include the Vice President. 

2 SEC. 3. TIMELY APPROVAL OF CONCURRENT RESOLUTION 

3 ON THE BUDGET. 

4 If both Houses of Congress have not approved a con5 current resolution on the budget as described under sec6 tion 301 of the Congressional Budget and Impoundment 

7 Control Act of 1974 (2 U.S.C. 632) for a fiscal year before 

8 October 1 of that fiscal year, the pay of each Member of 

9 Congress may not be paid for each day following that Oc10 tober 1 until the date on which both Houses of Congress 

11 approve a concurrent resolution on the budget for that fis12 cal year. 

13 SEC. 4. NO PAY WITHOUT CONCURRENT RESOLUTION ON 

14 THE BUDGET. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, no funds may be appropriated or otherwise 

17 be made available from the United States Treasury for 

18 the pay of any Member of Congress during any period de19 termined by the Chairperson of the Committee on the 

20 Budget of the Senate or the Chairperson of the Committee 

21 on the Budget of the House of Representatives under sec22 tion 5. 

23 (b) NO RETROACTIVE PAY.—A Member of Congress 

24 may not receive pay for any period determined by the 

25 Chairperson of the Committee on the Budget of the SenVerDate Mar 15 2010 05:28 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1442.IS S1442

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1 ate or the Chairperson of the Committee on the Budget 

2 of the House of Representatives under section 5, at any 

3 time after the end of that period. 

4 SEC. 5. DETERMINATIONS. 

5 (a) SENATE.— 

6 (1) REQUEST FOR CERTIFICATIONS.—On Octo7 ber 1 of each year, the Secretary of the Senate shall 

8 submit a request to the Chairperson of the Com9 mittee on the Budget of the Senate for certification 

10 of determinations made under paragraph (2) (A) 

11 and (B). 

12 (2) DETERMINATIONS.—The Chairperson of the 

13 Committee on the Budget of the Senate shall— 

14 (A) on October 1 of each year, make a de15 termination of whether Congress is in compli16 ance with section 4 and whether Senators may 

17 not be paid under that section; and 

18 (B) determine the period of days following 

19 each October 1 that Senators may not be paid 

20 under section 4; and 

21 (C) provide timely certification of the de22 terminations under subparagraphs (A) and (B) 

23 upon the request of the Secretary of the Senate. 

24 (b) HOUSE OF REPRESENTATIVES.— 


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1 (1) REQUEST FOR CERTIFICATIONS.—On Octo2 ber 1 of each year, the Chief Administrative Officer 

3 of the House of Representatives shall submit a re4 quest to the Chairperson of the Committee on the 

5 Budget of the House of Representatives for certifi6 cation of determinations made under paragraph (2) 

7 (A) and (B). 

8 (2) DETERMINATIONS.—The Chairperson of the 

9 Committee on the Budget of the House of Rep10 resentatives shall— 

11 (A) on October 1 of each year, make a de12 termination of whether Congress is in compli13 ance with section 4 and whether Senators may 

14 not be paid under that section; and 

15 (B) determine the period of days following 

16 each October 1 that Senators may not be paid 

17 under section 4; and 

18 (C) provide timely certification of the de19 terminations under subparagraph (A) and (B) 

20 upon the request of the Chief Administrative 

21 Officer of the House of Representatives. 

22 SEC. 6. EFFECTIVE DATE. 

23 This section shall take effect on February 1, 2013. 

Æ 


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