I 
117TH CONGRESS 
1ST SESSION 
H. R. 470 
To withhold the salaries of Members of Congress upon failure to agree 
to a budget resolution, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2021 
Mr. HERN introduced the following bill; which was referred to the Committee 
on House Administration, and in addition to the Committees on Rules, 
the Budget, Oversight and Reform, and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To withhold the salaries of Members of Congress upon failure 
to agree to a budget resolution, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Roadmap to Congres-
sional Reform Act’’. 
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SEC. 2. HOLDING SALARIES OF MEMBERS OF CONGRESS IN 
ESCROW UPON FAILURE TO AGREE TO BUDG-
ET RESOLUTION. 
(a) HOLDING SALARIES IN ESCROW.— 
(1) IN
GENERAL.—If by April 15, 2021, a 
House of Congress has not agreed to a concurrent 
resolution on the budget for fiscal year 2022 pursu-
ant to section 301 of the Congressional Budget Act 
of 1974, during the period described in paragraph 
(2) the payroll administrator of that House of Con-
gress shall deposit in an escrow account all pay-
ments otherwise required to be made during such 
period for the compensation of Members of Congress 
who serve in that House of Congress, and shall re-
lease such payments to such Members only upon the 
expiration of such period. 
(2) PERIOD
DESCRIBED.—With respect to a 
House of Congress, the period described in this 
paragraph is the period which begins on April 16, 
2021 and ends on the earlier of— 
(A) the day on which the House of Con-
gress agrees to a concurrent resolution on the 
budget for fiscal year 2022 pursuant to section 
301 of the Congressional Budget Act of 1974; 
or 
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(B) the last day of the One Hundred Sev-
enteenth Congress. 
(3) 
WITHHOLDING
AND
REMITTANCE
OF 
AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 
payroll administrator shall provide for the same 
withholding and remittance with respect to a pay-
ment deposited in an escrow account under para-
graph (1) that would apply to the payment if the 
payment were not subject to paragraph (1). 
(4) RELEASE OF AMOUNTS AT END OF THE 
CONGRESS.—In order to ensure that this section is 
carried out in a manner that shall not vary the com-
pensation of Senators or Representatives in violation 
of the twenty-seventh article of amendment to the 
Constitution of the United States, the payroll ad-
ministrator of a House of Congress shall release for 
payments to Members of that House of Congress 
any amounts remaining in any escrow account under 
this section on the last day of the One Hundred Sev-
enteenth Congress. 
(5) ROLE OF SECRETARY OF THE TREASURY.— 
The Secretary of the Treasury shall provide the pay-
roll administrators of the Houses of Congress with 
such assistance as may be necessary to enable the 
payroll administrators to carry out this section. 
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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) be-
gins, funds may be obligated and expended for 
official travel by the Member of Congress to re-
turn 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 Sen-
ate, during each day during a period described 
in paragraph (1), the Presiding Officer shall di-
rect 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— 
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‘‘(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 Pre-
siding Officer shall, without inter-
vening 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 ATTEND-
ANCE.—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, sub-
mit to the Senate by a yea-and-nay vote 
the question: ‘Shall the Sergeant-at-Arms 
be directed to compel the attendance of ab-
sent Senators?’. 
‘‘(iii) 
ARREST
OF
ABSENT
SEN-
ATORS.—Effective 30 minutes after the 
Sergeant-at-Arms is directed to compel the 
attendance of absent Senators under clause 
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(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 Sen-
ators, that warrants for the arrests of all 
Senators not sick nor excused be issued 
under the signature of the Presiding Offi-
cer 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 infor-
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mation on the current location of the 
Senator. 
‘‘(C) REGAINING THE FLOOR.—If a Sen-
ator 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
REQUIRE-
MENTS.—The Presiding Officer may not enter-
tain a request to suspend the operation of this 
paragraph by unanimous consent or motion. 
‘‘(E) CONSISTENCY WITH SENATE EMER-
GENCY PROCEDURES AND PRACTICES.—Nothing 
in this paragraph shall be construed in a man-
ner 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 
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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 sub-
section may not be waived or suspended in the Sen-
ate or the House of Representatives. 
‘‘(7) PERMANENT LAW.—Notwithstanding sec-
tion 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.’’. 
(b) COMPLETION OF HOUSE ACTION ON REGULAR 
APPROPRIATIONS BILLS.—Section 309 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 640) is amended by 
inserting ‘‘or August’’ after ‘‘July’’. 
SEC. 4. MAKING FERS OPTIONAL FOR MEMBERS. 
(a) IN GENERAL.— 
(1) AMENDMENT.—Section 8401(20) of title 5, 
United States Code, is amended by striking ‘‘, and 
who (in the case’’ and all that follows through 
‘‘2004’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply with respect to an indi-
vidual who first serves as a Member of the House 
of Representatives, including a Delegate or Resident 
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Commissioner to the Congress, on or after the date 
of enactment of this Act. 
(b) CONTINUED PARTICIPATION IN TSP.— 
(1) AMENDMENT.—Section 8401(20) of title 5, 
United States Code, as amended by subsection (a), 
is further amended— 
(A) by striking ‘‘term ‘Member’ has’’ and 
inserting the following: ‘‘term ‘Member’— 
‘‘(A) has’’; 
(B) by inserting ‘‘, subject to subpara-
graph (B),’’ after ‘‘except that’’; 
(C) by adding ‘‘and’’ after the semicolon at 
the end; and 
(D) by adding at the end the following: 
‘‘(B) for purposes of subchapter III, has the 
same meaning as provided in section 2106, without 
regard to whether the individual elects not to partici-
pate in the Federal Employees’ Retirement Sys-
tem;’’. 
(2) CONFORMING AMENDMENT TO TSP.—Sec-
tion 8431(a) of title 5, United States Code, is 
amended by inserting ‘‘except as provided in section 
8401(20)(B),’’ after ‘‘subchapter,’’. 
(3) APPLICABILITY.—The amendments made 
by this subsection shall apply with respect to an in-
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dividual who makes an election described in section 
8401(20) of title 5, United States Code, not to par-
ticipate in the Federal Employees’ Retirement Sys-
tem before, on, or after the date of enactment of this 
Act. 
SEC. 5. CONGRESSIONAL LEGISLATION REQUIREMENTS. 
(a) CONSTITUTIONAL AUTHORITY STATEMENT.— 
This section is enacted pursuant to the power conferred 
by the Constitution of the United States upon each House 
of Congress by— 
(1) article I, section 5, clauses 2 and 3 to deter-
mine the rules and keep a journal of its proceedings, 
respectively; 
(2) article I, section 7, clause 2 to ensure that 
bills that become law have been actually passed by, 
not just passed through, each House of Congress; 
and 
(3) article I, section 8, clause 18, which author-
izes Congress to make all laws that are necessary 
and proper for carrying into execution the rules of 
each House of Congress. 
(b) STANDING PROVISION.—The provision of this 
section under which any person who is aggrieved by the 
enforcement of any law enacted either in violation of the 
rules of proceedings of either House of Congress, or by 
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the suspension of the rules, as prescribed herein, shall 
have standing in a court of law, is enacted pursuant to 
article III, section 2 of the Constitution of the United 
States. 
(c) FINDINGS.—Congress finds the following: 
(1) The Constitution of the United States vests 
all legislative powers granted therein in Congress. 
(2) Each Member of Congress is elected by the 
people to whom the Member is accountable, and 
Members must represent the people of their respec-
tive State or District in exercising their legislative 
powers. 
(3) Establishing a Government of enumerated 
powers, article I, section 1 of the Constitution of the 
United States obliges Congress to exercise only those 
legislative powers provided for in the Constitution of 
the United States, and article VI of the Constitution 
of the United States requires that each Member of 
Congress be bound by oath or affirmation to support 
the Constitution of the United States by enacting 
only those laws, and making only those resolutions, 
that are pursuant to the Constitution of the United 
States and not prohibited thereby. 
(4) To ensure that Congress is politically and 
legally accountable to the people, article I, section 5 
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of the Constitution of the United States requires 
each House of Congress to keep a journal of its pro-
ceedings and from time to time publish the same. 
(5) To ensure that no legislation is passed with-
out effective representation of the interests of the 
people by the elected Members of Congress, article 
I, section 7 of the Constitution of the United States 
provides that only a bill ‘‘which shall have passed 
the House of Representatives and the Senate,’’ and 
not vetoed by the President, shall ‘‘become a law’’. 
(6) According to section I of the Manual of 
Parliamentary Practice for the Use of the Senate of 
the United States, written by Thomas Jefferson in 
1801 (referred to in this section as ‘‘Jefferson’s 
Manual’’), ‘‘nothing tended more to throw power 
into the hands of administration and those who 
acted with the majority . . . than a neglect of, or 
departure from, the rules of proceeding [which] op-
erated as a check and control of the actions of the 
majority [and] a shelter and protection to the minor-
ity’’. 
(7) According to sections XXII and XL of Jef-
ferson’s Manual, it was the rule of the Senate that 
every bill receive 3 readings, 2 full readings by the 
Clerk of the Senate, and a third reading of the title 
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of the bill only, because ‘‘every member of the Sen-
ate had a printed copy [of the bill] in his hand.’’. 
(8) According to sections XXIV, XXV, and XL 
of Jefferson’s Manual, it was the rule of the House 
of Representatives, following the parliamentary pro-
cedure of the English House of Commons, that every 
bill receive 2 full readings by the Clerk of the House 
of Representatives, and a reading of the whole con-
tents of the bill verbatim by the Speaker of the 
House of Representatives before the House of Rep-
resentatives voted on the bill. 
(9) Under the current rules of the Senate, the 
Senate has departed from its original practice of a 
full first and second reading of each bill, and of en-
suring that each Senator has a printed or other ver-
batim copy of each bill before passage thereof, hav-
ing by rule XIV of the Standing Rules of the Senate 
limited each reading of a bill to the reading of the 
title of the bill only, unless the Senate in any case 
shall otherwise order. 
(10) Under the current rules of the House of 
Representatives, the House of Representatives has 
by rule XVI (8) and rule XVIII (5) embraced its 
original practice of full first and second readings of 
each bill, but has regularly departed from this prac-
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tice by unanimous consent of the House of Rep-
resentatives, and has dispensed altogether its origi-
nal practice of a verbatim third reading of each bill 
before passage, limiting such third reading to the 
reading of the title only, including the reading of the 
title only even when Members of the House of Rep-
resentatives have no printed or other verbatim copy 
of the bill before passage. 
(11) Although section 106 of title 1, United 
States Code, requires a bill to be made available in 
written form to each Member of Congress before 
final passage, Congress has by statute conferred 
upon itself the power, during the last 6 days of a 
session of Congress, by concurrent resolution, to 
vote for passage of a bill that is not in written form 
at the time of final passage. 
(12) As a direct consequence of the departure 
of the Senate and the House of Representatives 
from the salutary practice of full, verbatim readings 
of each bill before final passage, and further, as a 
direct consequence of Congress, by concurrent reso-
lution and otherwise, having permitted certain ap-
propriation, budget, and regulatory bills to be en-
acted into law without such bills being printed and 
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presented to Congress in written form prior to final 
passage, Congress has— 
(A) imposed upon the people of the United 
States excessively long bills, largely written by 
an unelected bureaucracy, resulting in generally 
incomprehensible, cumbersome, oppressive, and 
burdensome laws, containing hidden provisions 
for special interests; 
(B) deprived the people of the United 
States and their elected Senators and Members 
of a full and fair opportunity to examine the 
text of bills, and all amendments thereto, prior 
to passage; 
(C) undermined the confidence of the peo-
ple of the United States as a result of its fail-
ure to provide adequate notice to the people be-
fore a vote is taken on the bills and amend-
ments thereto; and 
(D) has called into question the integrity 
and reliability of the legislative processes in 
both Houses of Congress by its failure to en-
sure that each Senator and each Member of the 
House of Representatives has, prior to passage, 
either listened attentively to the reading of the 
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(d) TEXT OF BILL OR RESOLUTION TO SPECIFY ITS 
CONSTITUTIONAL AUTHORITY, CURRENT LAW.—Chapter 
2 of title 1, United States Code, is amended by inserting 
after section 105 the following: 
‘‘§ 105a. Text of bill or resolution to specify its con-
stitutional authority 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN GENERAL.—Any bill or resolution intro-
duced in either House of Congress shall contain a 
provision citing the specific powers granted to Con-
gress 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 resolu-
tion that does not comply with paragraph (1) shall 
not be accepted by the Clerk of the House of Rep-
resentatives or the Secretary of the Senate. 
‘‘(b) FLOOR CONSIDERATION.— 
‘‘(1) IN GENERAL.—The requirements of sub-
section (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 re-
ported from a committee of either House of Con-
gress, produced by conference between the 2 Houses 
of Congress, or offered as a manager’s amendment. 
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‘‘(2) FAILURE TO COMPLY.—Any bill or resolu-
tion 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 resolu-
tion, 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 intro-
duced 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 sec-
tion of the current law that the bill or resolu-
tion 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 
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bill or resolution that would strike the text of 
an entire section of a law. 
‘‘(2) FAILURE TO COMPLY.—Any bill or resolu-
tion that does not comply with paragraph (1) shall 
not be accepted by the Clerk of the House of Rep-
resentatives 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 re-
ported from a committee of either House of Con-
gress, produced by conference between the 2 Houses 
of Congress, or offered as a manager’s amendment. 
‘‘(2) FAILURE TO COMPLY.—Any bill or resolu-
tion 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 resolu-
tion, 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.— 
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‘‘(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 Con-
gress, 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 
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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 through-
out 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 reso-
lution— 
‘‘(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 reso-
lution, each Senator and each Member of the House 
of Representatives, except as provided in paragraph 
(2), shall sign an affidavit executed under penalty of 
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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 lis-
tened 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 de-
scribed 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, read-
ing, and affidavit requirements under this section have 
been satisfied. 
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‘‘(d) NO WAIVER OR MODIFICATION.—Neither House 
of Congress, nor Congress jointly, by concurrent resolu-
tion, 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 offi-
cer or employee in the executive branch of the Fed-
eral 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 Mem-
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ber is a Member to comply with section 105a, 105b, 
or 105c; and 
‘‘(3) a person individually aggrieved by the fail-
ure of a Senator for the State in which the ag-
grieved 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 obli-
gations of the Senator or Member under section 
105a, 105b, or 105c.’’. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
The table of sections for chapter 2 of title 1, United States 
Code, is amended by inserting after the item relating to 
section 105 the following: 
‘‘105a. Text of bill or resolution to specify its constitutional authority. 
‘‘105b. Text of bill or resolution to set forth current law. 
‘‘105c. Procedures prior to vote on bill or resolution. 
‘‘105d. Enforcement clause.’’. 
(f) SEVERABILITY CLAUSE.—If any provision of this 
section or an amendment made by this section, or the ap-
plication of a provision or amendment to any person or 
circumstance, is held to be invalid for any reason in any 
court of competent jurisdiction, the remainder of this sec-
tion and amendments made by this section, and the appli-
cation of the provisions and amendment to any other per-
son or circumstance, shall not be affected. 
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SEC. 6. WITHHOLDING PAY OF MEMBERS WHO VOTE BY 
PROXY. 
(a) WITHHOLDING.—If on any day during a Congress 
a Member of the House of Representatives uses a des-
ignated proxy to cast a vote in the House or record the 
Member’s presence in the House in response to a quorum 
call, the Chief Administrative Officer of the House of Rep-
resentatives shall— 
(1) withhold from the payments otherwise re-
quired to be made with respect to a pay period for 
the compensation of the Member an amount equal to 
the product of— 
(A) an amount equal to one day’s worth of 
pay under the annual rate of pay applicable to 
the Member under section 601(a) of the Legis-
lative Reorganization Act of 1946 (2 U.S.C. 
4501); and 
(B) the number of days during the pay pe-
riod on which the Member uses a designated 
proxy to cast a vote in the House or record the 
Member’s presence in the House in response to 
a quorum call; and 
(2) deposit in an escrow account all amounts 
withheld under paragraph (1). 
(b) RELEASE OF AMOUNTS AT END OF THE CON-
GRESS.—In order to ensure that this section is carried out 
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in a manner that shall not vary the compensation of Rep-
resentatives in violation of the twenty-seventh article of 
amendment to the Constitution of the United States, the 
Chief Administrative Officer shall release for payments to 
Members any amounts remaining in any escrow account 
under this section on the last day of the Congress during 
which the amounts were deposited in the account. 
(c) ROLE OF SECRETARY OF THE TREASURY.—The 
Secretary of the Treasury shall provide the Chief Adminis-
trative Officer with such assistance as may be necessary 
to enable the Chief Administrative Officer to carry out this 
section. 
SEC. 7. PROHIBITING CONSIDERATION OF LEGISLATION 
CONTAINING EARMARKS. 
(a) PROHIBITION.— 
(1) IN GENERAL.—It shall not be in order in 
the House of Representatives to consider any bill, 
joint resolution, amendment, or conference report if 
the bill, joint resolution, amendment, or conference 
report, or any accompanying report or joint explana-
tory statement of managers, includes a congressional 
earmark, limited tax benefit, or limited tariff benefit. 
(2) PROCEDURE.—If a point of order is raised 
under paragraph (1) with respect to a congressional 
earmark, limited tax benefit, or limited tariff benefit 
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and the point of order is sustained, the congressional 
earmark, limited tax benefit, or limited tariff benefit 
shall be deemed to be stricken from the measure in-
volved. 
(3) SPECIAL
PROCEDURE
FOR
CONFERENCE 
REPORT
AND
AMENDMENTS
BETWEEN
THE 
HOUSES.— 
(A) IN GENERAL.—If a point of order is 
raised and sustained under paragraph (1) with 
respect to a conference report or a motion that 
the House recede from its disagreement to a 
Senate amendment and concur therein, with or 
without amendment, then after disposition of all 
such points of order the conference report or 
motion, as the case may be, shall be considered 
as rejected and the matter remaining in dis-
agreement shall be disposed of under subpara-
graph (B) or (C), as the case may be. 
(B) CONFERENCE
REPORTS.—After the 
House has sustained one or more points of 
order under paragraph (1) with respect to a 
conference report— 
(i) if the conference report accom-
panied a House measure amended by the 
Senate, the pending question shall be 
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whether the House shall recede and concur 
in the Senate amendment with an amend-
ment consisting of so much of the con-
ference report as was not rejected; and 
(ii) if the conference report accom-
panied a Senate measure amended by the 
House, the pending question shall be 
whether the House shall insist further on 
the House amendment. 
(C) MOTIONS.—After the House has sus-
tained one or more points of order under para-
graph (1) with respect to a motion that the 
House recede and concur in a Senate amend-
ment, with or without amendment, the following 
motions shall be privileged and shall have prece-
dence in the order stated: 
(i) A motion that the House recede 
and concur in the Senate amendment with 
an amendment in writing then available on 
the floor. 
(ii) A motion that the House insist on 
its disagreement to the Senate amendment 
and request a further conference with the 
Senate. 
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(iii) A motion that the House insist 
on its disagreement to the Senate amend-
ment. 
(b) DETERMINATION BY HOUSE.—If a point of order 
is raised under this section and the Chair is unable to as-
certain whether a provision constitutes a congressional 
earmark, limited tax benefit, or limited tariff benefit, the 
Chair shall put the question to the House and the question 
shall be decided without debate or intervening motion. 
(c) CONFORMING AMENDMENT.—Rule XXI of the 
Rules of the House of Representatives is amended by 
striking clause 9. 
(d) DEFINITIONS.—In this section: 
(1) CONGRESSIONAL
EARMARK.—The term 
‘‘congressional earmark’’ means a provision or re-
port language included primarily at the request of a 
Member, Delegate, Resident Commissioner, or Sen-
ator providing, authorizing or recommending a spe-
cific amount of discretionary budget authority, credit 
authority, or other spending authority for a contract, 
loan, loan guarantee, grant, loan authority, or other 
expenditure with or to an entity, or targeted to a 
specific State, locality or congressional district, other 
than through a statutory or administrative formula- 
driven or competitive award process. 
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(2) LIMITED TAX BENEFIT.—The term ‘‘limited 
tax benefit’’ means— 
(A) any revenue-losing provision that— 
(i) provides a Federal tax deduction, 
credit, exclusion, or preference to 10 or 
fewer beneficiaries under the Internal Rev-
enue Code of 1986; and 
(ii) contains eligibility criteria that are 
not uniform in application with respect to 
potential beneficiaries of such provision; or 
(B) any Federal tax provision which pro-
vides one beneficiary temporary or permanent 
transition relief from a change to the Internal 
Revenue Code of 1986. 
(3) LIMITED
TARIFF
BENEFIT.—The term 
‘‘limited tariff benefit’’ means a provision modifying 
the Harmonized Tariff Schedule of the United 
States in a manner that benefits 10 or fewer enti-
ties. 
SEC. 8. PROHIBITING FORMER MEMBERS AND OFFICERS 
OF CONGRESS FROM LOBBYING CONGRESS. 
(a) PROHIBITION.—Section 207(e)(1) of title 18, 
United States Code, is amended to read as follows: 
‘‘(1) MEMBERS
AND
ELECTED
OFFICERS
OF 
CONGRESS.—Any person who is a Senator, a Mem-
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ber of the House of Representatives, or an elected 
officer of the Senate or the House of Representa-
tives and who, after that person leaves office, know-
ingly makes, with the intent to influence, any com-
munication to or appearance before any Member, of-
ficer, 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 offi-
cial seeks action by a Member, officer, or employee 
of either House of Congress, in his or her official ca-
pacity, shall be punished as provided in section 216 
of this title.’’. 
(b) CONFORMING AMENDMENTS.—Section 207(e)(2) 
of such title is amended— 
(1) in the heading, by striking ‘‘OFFICERS AND 
STAFF’’ and inserting ‘‘STAFF’’; 
(2) by striking ‘‘an elected officer of the Senate, 
or’’; 
(3) by striking ‘‘leaves office or employment’’ 
and inserting ‘‘leaves employment’’; and 
(4) by striking ‘‘former elected officer or’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to an individual who 
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leaves office on or after the date of the enactment of this 
Act. 
Æ 
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