I
104TH CONGRESS
2D SESSION
H. R. 3276
To provide that, to receive their pay, Members of Congress are required
to certify that they have performed their congressional duties, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 1996
Mr. RIGGS (for himself, Mrs. KELLY, Ms. LOFGREN, Mr. POSHARD, and Mr.
NORWOOD) introduced the following bill; which was referred to the Com-
mittee on House Oversight
A BILL
To provide that, to receive their pay, Members of Congress
are required to certify that they have performed their
congressional duties, 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 ‘‘Congressional Attend-
ance Reform Act’’.
SEC. 2. CERTIFICATION BY MEMBERS OF CONGRESS RE-
QUIRED FOR RECEIPT OF PAY.
(a) IN GENERAL.—Section 40 of the Revised Stat-
utes of the United States (2 U.S.C. 39) is amended to
read as follows:
‘‘SEC. 40. CERTIFICATION BY MEMBERS OF CONGRESS RE-
QUIRED FOR RECEIPT OF PAY.
‘‘(a) IN GENERAL.—As a condition of payment of
pay, each Member of Congress shall certify in writing,
with respect to each month, that the Member has per-
formed official congressional duties commensurate with
the pay of the Member for that month. The certification—
‘‘(1) shall be made to the Secretary of the Sen-
ate or the Chief Administrative Officer of the House
of Representatives, as applicable; and
‘‘(2) shall include a specification of any absence
of the Member on a day during which any vote is
taken in the House involved, together with the rea-
son for such absence.
‘‘(b) PUBLICATION.—The Secretary of the Senate
and the Chief Administrative Officer of the House of Rep-
resentatives—
‘‘(1) shall make the certifications referred to in
subsection (a) available for public inspection; and
‘‘(2) include summaries of such certifications in
the periodic reports of expenditures published for the
Senate and the House of Representatives, respec-
tively.
‘‘(c) PENALTY.—Any Member of Congress who
makes a false statement in a certification required by sub-
section (a) shall be imprisoned not more than 5 years or
fined in accordance with title 18, United States Code, or
both.
‘‘(d) DEDUCTIONS FROM PAY OF MEMBERS OF CON-
GRESS FOR ABSENCE.—If a Member of Congress is absent
from the Senate or the House of Representatives on a day
during which any vote is taken in the House involved, the
Secretary of the Senate or the Chief Administrative Offi-
cer of the House of Representatives may not pay the Mem-
ber for that day, unless the absence is for personal illness,
family illness, or congressional business.
‘‘(e) CIVIL ACTION.—Any citizen referred to in the
next sentence may bring a civil action in an appropriate
district court against the Secretary of the Senate or the
Chief Administrative Officer of the House of Representa-
tives, as applicable, for injunctive relief in the case of any
payment in violation of this section. The citizens referred
to in the preceding sentence are—
‘‘(1) in the case of a Senator, a citizen of the
State represented by the Senator; and
‘‘(2) in the case of a Representative in, or a
Delegate or Resident Commissioner to, the Con-
gress, a citizen of the State in which the congres-
sional district involved is located.
‘‘(f) REQUIREMENTS OF THIS SECTION AS ADDI-
TIONAL TO OTHER REQUIREMENTS.—The requirements
of this section with respect to certification, deduction from
pay, publication of information, penalties, and civil actions
shall be in addition to any other requirement of law, regu-
lation, or other authority.
‘‘(g) DEFINITION.—As used in this section, the term
‘Member of Congress’ means a Senator or Representative
in, or a Delegate or Resident Commissioner to, the Con-
gress.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 4 of title I of the Revised Statutes of the Unit-
ed States is amended by striking out the item relating to
section 40 and inserting in lieu thereof the following new
item:
‘‘40. Certification by Members of Congress required for receipt of pay.’’.
Æ