Roadmap to Congressional Reform Act
Bill: H.R.470 | Sponsor: Rep. Hern, Kevin (R-OK)
Policy area: Congress

Summary:
Roadmap to Congressional Reform Act
This bill makes several modifications to congressional benefits and legislative procedures.
For example, the bill withholds the salaries of Members of a chamber that has not agreed to a budget resolution, and establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit.
The bill prohibits a recess or adjournment if Congress has not adopted a concurrent resolution on the budget or passed the regular appropriations bills for the next fiscal year by specified dates. A Member may not use any amount for official travel while this prohibition applies.
The bill also allows future Members of the House of Representatives to opt out of the Federal Employees Retirement System, and it permits Members of Congress who opt out to continue to participate in the Thrift Savings Plan.
Additionally, the bill requires a measure introduced in either chamber to cite the specific powers granted to Congress in the Constitution to enact the measure. Further, a measure must include the text of the current law being amended and show the modifications to that law.
The bill withholds one day's pay from a Representative's compensation for each day the Representative uses a designated proxy to cast a vote or record their presence.
Lastly, the bill imposes a permanent ban on lobbying contacts by a former Member of Congress or a former elected officer of the House or Senate.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Roadmap to Congressional Reform 
Act''.

SEC. 2. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON FAILURE 
              TO AGREE TO BUDGET 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 pursuant to section 301 of the Congressional 
        Budget Act of 1974, during the period described in paragraph 
        (2) the payroll administrator of that House of Congress shall 
        deposit in an escrow account all payments otherwise required to 
        be made during such period for the compensation of Members of 
        Congress who serve in that House of Congress, and shall release 
        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 Congress agrees 
                to a concurrent resolution on the budget for fiscal 
                year 2022 pursuant to section 301 of the Congressional 
                Budget Act of 1974; or
                    (B) the last day of the One Hundred Seventeenth 
                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 payment 
        deposited in an escrow account under paragraph (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 compensation of Senators or Representatives in 
        violation of the twenty-seventh article of amendment to the 
        Constitution of the United States, the payroll administrator 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 
        Seventeenth Congress.
            (5) Role of secretary of the treasury.--The Secretary of 
        the Treasury shall provide the payroll administrators of the 
        Houses of Congress with such assistance as may be necessary to 
        enable the payroll administrators to carry out this section.
    (b) Treatment of Delegates as Members.--In this section, the term 
``Member of Congress'' includes a Delegate or Resident Commissioner to 
the Congress.
    (c) Payroll Administrator Defined.--In this section, the ``payroll 
administrator'' of a House of Congress means--
            (1) in the case of the House of Representatives, the Chief 
        Administrative Officer of the House of Representatives, or an 
        employee of the Office of the Chief Administrative Officer who 
        is designated by the Chief Administrative Officer to carry out 
        this section; and
            (2) in the case of the Senate, the Secretary of the Senate, 
        or an employee of the Office of the Secretary of the Senate who 
        is designated by the Secretary to carry out this section.

SEC. 3. NO BUDGET, NO RECESS.

    (a) In General.--Section 300 of the Congressional Budget Act of 
1974 (2 U.S.C. 631) is amended--
            (1) by striking ``The timetable'' and inserting the 
        following:
    ``(a) In General.--The timetable''; and
            (2) by adding at the end the following:
    ``(b) No Budget, No Recess.--
            ``(1) Limits in the senate and house of representatives.--
        The procedures specified in paragraphs (2), (3), and (4) shall 
        apply in the Senate and the procedures specified in paragraphs 
        (2), (3), and (5) shall apply in the House of Representatives--
                    ``(A) on and after April 15 of each year, if the 
                Senate and House of Representatives have not adopted a 
                concurrent resolution on the budget for the next fiscal 
                year; and
                    ``(B) on and after August 1 of each year, if the 
                Senate and House of Representatives have not passed, 
                individually or collectively, all the regular 
                appropriations bills for the next fiscal year.
            ``(2) No recess or adjournment.--During a period described 
        in paragraph (1), it shall not be in order in the Senate or the 
        House of Representatives to move to recess or to adjourn for 
        more than 8 hours.
            ``(3) No official travel.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), during a period described in 
                paragraph (1), no amounts may be obligated or 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) begins, funds may be 
                obligated and expended for official travel by the 
                Member of Congress to return 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 Senate, during each day during a 
                period described in paragraph (1), the Presiding 
                Officer shall direct 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--
                                    ``(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 
                                Presiding Officer shall, without 
                                intervening 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 attendance.--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, submit to the Senate by a yea-and-nay 
                        vote the question: `Shall the Sergeant-at-Arms 
                        be directed to compel the attendance of absent 
                        Senators?'.
                            ``(iii) Arrest of absent senators.--
                        Effective 30 minutes after the Sergeant-at-Arms 
                        is directed to compel the attendance of absent 
                        Senators under clause (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 Senators, 
                        that warrants for the arrests of all Senators 
                        not sick nor excused be issued under the 
                        signature of the Presiding Officer 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 
                                information on the current location of 
                                the Senator.
                    ``(C) Regaining the floor.--If a Senator 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 requirements.--The Presiding 
                Officer may not entertain a request to suspend the 
                operation of this paragraph by unanimous consent or 
                motion.
                    ``(E) Consistency with senate emergency procedures 
                and practices.--Nothing in this paragraph shall be 
                construed in a manner 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 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 subsection may not be 
        waived or suspended in the Senate or the House of 
        Representatives.
            ``(7) Permanent law.--Notwithstanding section 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 Congressional 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 individual who first serves as a 
        Member of the House of Representatives, including a Delegate or 
        Resident 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 subparagraph (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 participate in the Federal Employees' 
        Retirement System;''.
            (2) Conforming amendment to tsp.--Section 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 individual who makes an election 
        described in section 8401(20) of title 5, United States Code, 
        not to participate in the Federal Employees' Retirement System 
        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 determine 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 authorizes 
        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 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 respective 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 of the 
        Constitution of the United States requires each House of 
        Congress to keep a journal of its proceedings and from time to 
        time publish the same.
            (5) To ensure that no legislation is passed without 
        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] operated as a check and 
        control of the actions of the majority [and] a shelter and 
        protection to the minority''.
            (7) According to sections XXII and XL of Jefferson'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 of the bill only, because ``every 
        member of the Senate 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 procedure 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 
        contents of the bill verbatim by the Speaker of the House of 
        Representatives before the House of Representatives 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 ensuring that each Senator has a 
        printed or other verbatim copy of each bill before passage 
        thereof, having 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 practice by unanimous consent of the House 
        of Representatives, and has dispensed altogether its original 
        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 Representatives 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 
        resolution and otherwise, having permitted certain 
        appropriation, budget, and regulatory bills to be enacted into 
        law without such bills being printed and 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 people of the 
                United States as a result of its failure to provide 
                adequate notice to the people before a vote is taken on 
                the bills and amendments thereto; and
                    (D) has called into question the integrity and 
                reliability of the legislative processes in both Houses 
                of Congress by its failure to ensure that each Senator 
                and each Member of the House of Representatives has, 
                prior to passage, either listened attentively to the 
                reading of the full text of each bill, and amendments 
                thereto, or has personally read the text thereof.
            (13) Federal law currently sets forth various requirements 
        relating to the form of bills and resolutions, and the 
        procedure for enacting laws, including--
                    (A) the form of the enacting clause of all Acts of 
                Congress (section 101 of title 1, United States Code);
                    (B) the form of the resolving clause of all joint 
                resolutions (section 102 of title 1, United States 
                Code);
                    (C) a limitation on the use of enacting or 
                resolving words (section 103 of title 1, United States 
                Code);
                    (D) the requirement regarding the numbering of 
                sections and the requirement that each contain a single 
                proposition (section 104 of title 1, United States 
                Code);
                    (E) the style and title for all bills making 
                appropriations (section 105 of title 1, United States 
                Code); and
                    (F) the process by which each bill or joint 
                resolution is handled after passage (section 106 of 
                title 1, United States Code).
    (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:
``Sec. 105a. Text of bill or resolution to specify its constitutional 
              authority
    ``(a) Requirement.--
            ``(1) In general.--Any bill or resolution introduced in 
        either House of Congress shall contain a provision citing the 
        specific powers granted to Congress 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 resolution that does 
        not comply with paragraph (1) shall not be accepted by the 
        Clerk of the House of Representatives or the Secretary of the 
        Senate.
    ``(b) Floor Consideration.--
            ``(1) In general.--The requirements of 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 reported from a committee of 
        either House of Congress, produced by conference between the 2 
        Houses of Congress, or offered as a manager's amendment.
            ``(2) Failure to comply.--Any bill or resolution 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 resolution, unanimous consent, or any 
other order, resolution, vote, or other means, may dispense with, or 
otherwise waive or modify, the requirements under this section.
``Sec. 105b. Text of bill or resolution to set forth current law
    ``(a) Requirement.--
            ``(1) In general.--Any bill or resolution introduced 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 section of 
                the current law that the bill or resolution 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 bill or resolution 
                that would strike the text of an entire section of a 
                law.
            ``(2) Failure to comply.--Any bill or resolution that does 
        not comply with paragraph (1) shall not be accepted by the 
        Clerk of the House of Representatives 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 reported from a committee of 
        either House of Congress, produced by conference between the 2 
        Houses of Congress, or offered as a manager's amendment.
            ``(2) Failure to comply.--Any bill or resolution 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 resolution, unanimous consent, or any 
other order, resolution, vote, or other means, may dispense with, or 
otherwise waive or modify, the requirements under this section.
``Sec. 105c. Procedures prior to vote on bill or resolution
    ``(a) In General.--
            ``(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 Congress, 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 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 throughout 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 resolution--
                    ``(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 resolution, each Senator 
        and each Member of the House of Representatives, except as 
        provided in paragraph (2), shall sign an affidavit executed 
        under penalty of 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 listened 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 described 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, reading, and affidavit requirements under this 
section have been satisfied.
    ``(d) No Waiver or Modification.--Neither House of Congress, nor 
Congress jointly, by concurrent resolution, 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.
``Sec. 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 officer or 
        employee in the executive branch of the Federal 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 Member is a Member to comply 
        with section 105a, 105b, or 105c; and
            ``(3) a person individually aggrieved by the failure of a 
        Senator for the State in which the aggrieved 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 obligations 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 application 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 
section and amendments made by this section, and the application of the 
provisions and amendment to any other person or circumstance, shall not 
be affected.

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 designated 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 
Representatives shall--
            (1) withhold from the payments otherwise required 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 Legislative Reorganization Act of 
                1946 (2 U.S.C. 4501); and
                    (B) the number of days during the pay period 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 Congress.--In order to ensure 
that this section is carried out in a manner that shall not vary the 
compensation of Representatives 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 Administrative 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 explanatory 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 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 involved.
            (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 
                disagreement shall be disposed of under subparagraph 
                (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 accompanied a 
                        House measure amended by the Senate, the 
                        pending question shall be whether the House 
                        shall recede and concur in the Senate amendment 
                        with an amendment consisting of so much of the 
                        conference report as was not rejected; and
                            (ii) if the conference report accompanied 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 sustained one or 
                more points of order under paragraph (1) with respect 
                to a motion that the House recede and concur in a 
                Senate amendment, with or without amendment, the 
                following motions shall be privileged and shall have 
                precedence 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.
                            (iii) A motion that the House insist on its 
                        disagreement to the Senate amendment.
    (b) Determination by House.--If a point of order is raised under 
this section and the Chair is unable to ascertain 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 report language included 
        primarily at the request of a Member, Delegate, Resident 
        Commissioner, or Senator providing, authorizing or recommending 
        a specific 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.
            (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 Revenue 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 provides 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 entities.

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 Member of the House of Representatives, or 
        an elected officer of the Senate or the House of 
        Representatives and who, after that person leaves office, 
        knowingly makes, with the intent to influence, any 
        communication to or appearance before any Member, officer, 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 
        official seeks action by a Member, officer, or employee of 
        either House of Congress, in his or her official capacity, 
        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 leaves office on or after the 
date of the enactment of this Act.
                                 <all>