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II
113th CONGRESS
1st Session
S. 1142
IN THE SENATE OF THE UNITED STATES
June 12, 2013
Mrs. Boxer introduced
the following bill; which was read twice and referred to the
Committee on Homeland Security and
Governmental Affairs
A BILL
To prohibit Members of Congress from receiving pay when
the Federal Government is unable to make payments or meet obligations because
the public debt limit has been reached.
1.
Short
title
This Act may be cited as
the Pay Your Bills or Lose Your Pay
Act of 2013.
2.
Findings
Congress finds the following:
(1) It is an American
value to meet all obligations.
(2) A AAA credit
rating is essential to the economic standing of the United States in the
world.
(3) The statutory
debt limit was increased—
(A) 18 times during
the presidency of Ronald Reagan;
(B) 5 times during
the presidency of George H. W. Bush;
(C) 6 times during
the presidency of William J. Clinton; and
(D) 7 times during
the presidency of George W. Bush.
(4) Section 4 of the
14th Amendment of the United States Constitution states the validity of
the public debt of the United States, authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned.
(5) The statutory
debt limit is increased by Congress to pay financial obligations authorized by
Congress.
(6) The ratings
agency Moody’s has called for the public debt limit to be eliminated.
(7) The United States
is one of the few nations in the world with a public debt limit.
(8) The annual budget
resolution, voted on by members of the Senate and House of Representatives,
specifies the appropriate level of the public debt for each fiscal year covered
by the resolution.
(9) At times the
statutory debt limit must be increased to honor financial obligations
authorized and appropriated by Congress and the President of the United
States.
(10) The credit
rating agency Standard and Poor’s downgraded the credit rating of the United
States for the first time in its history on August 5, 2011, citing
political brinksmanship as a primary reason for its
action.
(11) In July 2012,
the Government Accountability Office estimated that the 2011 debt limit
standoff cost taxpayers $1,300,000,000 in fiscal year 2011, and the Government
Accountability Office further noted that Congress should consider ways
to … avoid potential disruptions to the Treasury market and to help inform the
fiscal policy debate in a timely way..
(12) In January 2013,
the Bipartisan Policy Center estimated that the 10-year cost to taxpayers of
the 2011 debt limit standoff is $18,900,000,000.
3.
Holding salaries
of Members of Congress in escrow upon failure to meet debt obligations
(a)
Holding
salaries in escrow
(1)
In
general
If the Federal Government is unable to make payments or
meet obligations because the public debt limit under section 3101 of title 31,
United States Code, has been reached, during the period described in paragraph
(2) the payroll administrator of each 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
The period described in this paragraph is the period
beginning on the date on which the Federal Government is unable to make
payments or meet obligations because the public debt limit under section 3101
of title 31, United States Code, has been reached, and ending on the earlier
of—
(A) the date on which
the House of Representatives and the Senate present a bill to the President
under article I, section 7 of the Constitution of the United States, to
increase the public debt limit under section 3101 of title 31, United States
Code; or
(B) the last day of
the One Hundred Thirteenth Congress.
(3)
Withholding and
remittance of amounts from payments held in escrow
The payroll
administrator of each House of Congress 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 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 27th 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 Thirteenth
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 includes a Delegate or Resident Commissioner to
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.