Senate Bill 89 – No Budget, No Pay Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Introduced in Senate (IS)]

118th CONGRESS
1st Session
S. 89

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 and passed the regular appropriations bills.

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IN THE SENATE OF THE UNITED STATES

January 25, 2023

Mr. Braun (for himself, Mr. Manchin, Mr. Scott of Florida, Ms. Hassan,
Mrs. Capito, Mrs. Britt, and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs

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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 and passed the regular appropriations bills.

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 ``No Budget, No Pay Act''.

SEC. 2. DEFINITIONS.

In this Act--
(1) the term ``Budget and Appropriations Chairs'' means the
House Budget and Appropriations Chairs and the Senate Budget
and Appropriations Chairs;
(2) the term ``House Budget and Appropriations Chairs''
means the Chair of the Committee on the Budget of the House of
Representatives and the Chair of the Committee on
Appropriations of the House of Representatives;
(3) the term ``Member of Congress''--
(A) has the meaning given that term under section
2106 of title 5, United States Code; and
(B) does not include the Vice President; and
(4) the term ``Senate Budget and Appropriations Chairs''
means the Chairman of the Committee on the Budget of the Senate
and the Chairman of the Committee on Appropriations of the
Senate.

SEC. 3. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE BUDGET AND THE
APPROPRIATIONS BILLS.

Not later than October 1 of each fiscal year, both Houses of
Congress shall--
(1) approve a concurrent resolution on the budget as
described under section 301 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 632) for that the
fiscal year; and
(2) pass all the regular appropriations bills for that
fiscal year.

SEC. 4. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET AND THE
APPROPRIATIONS BILLS.

(a) In General.--Notwithstanding any other provision of law, no
funds may be appropriated or otherwise be made available from the
Treasury of the United States for the pay of any Member of Congress
with respect to any period during which Congress is not in compliance
with section 3, as determined by the Budget and Appropriations Chairs
under section 5.
(b) No Retroactive Pay.--A Member of Congress may not receive pay
with respect to any period during which Congress was not in compliance
with section 3, as determined by the Budget and Appropriations Chairs
under section 5, at any time after the end of that period.

SEC. 5. DETERMINATIONS.

(a) Senate.--
(1) Request for certifications.--On October 1 of each year,
the Secretary of the Senate shall submit to the Senate Budget
and Appropriations Chairs a request for certification of
determinations made under subparagraphs (A) and (B) of
paragraph (2).
(2) Determinations.--The Senate Budget and Appropriations
Chairs shall--
(A) on October 1 of each fiscal year, make a
determination of whether Congress is in compliance with
section 3 with respect to that fiscal year and whether
Senators may not be paid under section 4;
(B) determine the period of days following each
October 1 that Senators may not be paid under section
4; and
(C) provide timely certification of the
determinations under subparagraphs (A) and (B) upon the
request of the Secretary of the Senate.
(b) House of Representatives.--
(1) Request for certifications.--On October 1 of each
fiscal year, the Chief Administrative Officer of the House of
Representatives shall submit to the House Budget and
Appropriations Chairs a request for certification of
determinations made under subparagraphs (A) and (B) of
paragraph (2).
(2) Determinations.--The House Budget and Appropriations
Chairs shall--
(A) on October 1 of each fiscal year, make a
determination of whether Congress is in compliance with
section 3 with respect to that fiscal year and whether
Members of the House of Representatives may not be paid
under section 4;
(B) determine the period of days following each
October 1 that Members of the House of Representatives
may not be paid under section 4; and
(C) provide timely certification of the
determinations under subparagraphs (A) and (B) upon the
request of the Chief Administrative Officer of the
House of Representatives.

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on September 30, 2025.