[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3267 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3267
To provide adequate information about excessive Federal spending, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2020
Ms. Ernst (for herself and Mr. Perdue) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To provide adequate information about excessive Federal spending, 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 ``Making Americans Know about
Excessive spending through Commonsense Efforts to Notice and Target
Shenanigans Act'' or the ``MAKE CENTS Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BILLION DOLLAR BOONDOGGLES
Sec. 101. Annual report.
TITLE II--COST OPENNESS AND SPENDING TRANSPARENCY
Sec. 201. Disclosure requirements for recipients of Federal funds.
TITLE III--END-OF-YEAR FISCAL RESPONSIBILITY
Sec. 301. Definitions.
Sec. 302. Requirements for Executive agency spending at the end of a
fiscal year.
TITLE IV--NO BUDGET, NO PAY
Sec. 401. Definition.
Sec. 402. Timely approval of concurrent resolution on the budget and
the appropriations bills.
Sec. 403. No pay without concurrent resolution on the budget and the
appropriations bills.
Sec. 404. Determinations.
Sec. 405. Effective date.
TITLE V--NO BUDGET, NO RECESS
Sec. 501. No budget, no recess.
Sec. 502. Completion of House action on regular appropriations bills.
TITLE I--BILLION DOLLAR BOONDOGGLES
SEC. 101. ANNUAL REPORT.
(a) Definitions.--In this section--
(1) the term ``covered agency'' means--
(A) an Executive agency, as defined in section 105
of title 5, United States Code; and
(B) an independent regulatory agency, as defined in
section 3502 of title 44, United States Code;
(2) the term ``covered project'' means a project funded by
a covered agency--
(A) that is more than 5 years behind schedule; or
(B) for which the amount spent on the project is
not less than $1,000,000,000 more than the original
cost estimate for the project; and
(3) the term ``project'' means a major acquisition, a major
defense acquisition program (as defined in section 2430 of
title 10, United States Code), a procurement, a construction
project, a remediation or clean-up effort, or any other time-
limited endeavor, that is not funded through direct spending
(as defined in section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)).
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Management and Budget shall
issue guidance requiring covered agencies to include, on an annual
basis in a report described in paragraph (2) of section 3516(a) of
title 31, United States Code, or a consolidated report described in
paragraph (1) of such section, information relating to each covered
project of the covered agency, which shall include--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is
carried out;
(C) the contract or award number of the covered
project, where applicable;
(D) the year in which the covered project was
initiated;
(E) the Federal share of the total cost of the
covered project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered
project;
(2) an explanation of any change to the original scope of
the covered project, including by the addition or narrowing of
the initial requirements of the covered project;
(3) the original expected date for completion of the
covered project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project,
including, where applicable, any impact of insufficient or
delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
TITLE II--COST OPENNESS AND SPENDING TRANSPARENCY
SEC. 201. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF FEDERAL FUNDS.
(a) In General.--Subchapter III of chapter 13 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 1356. Disclosure requirements for recipients of Federal funds
``(a) In General.--An individual or entity (including a State or
local government and a recipient of a Federal research grant) carrying
out a program, project, or activity that is, in whole or in part,
carried out using Federal funds shall clearly state in any statement,
press release, requests for proposal, bid solicitation, or other
document describing the program, project, or activity, other than a
communication containing not more than 280 characters--
``(1) the percentage of the total costs of the program,
project, or activity which will be financed with Federal funds;
``(2) the dollar amount of the Federal funds made available
for the program, project, or activity; and
``(3) the percentage of the total costs of, and dollar
amount for, the program, project, or activity that will be
financed by nongovernmental sources.
``(b) Noncompliance.--If the Director of the Office of Management
and Budget determines that an individual or entity is failing to comply
with subsection (a), the Director may direct the head of each agency
providing Federal funds to the individual or entity to withhold not
more than 25 percent of the amount of Federal funds that would
otherwise be provided to the individual or entity, until the date on
which the individual or entity complies with subsection (a).''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 13 of title 31, United States Code, is
amended by adding at the end the following:
``1356. Disclosure requirements for recipients of Federal funds.''.
TITLE III--END-OF-YEAR FISCAL RESPONSIBILITY
SEC. 301. DEFINITIONS.
In this title:
(1) Covered period.--The term ``covered period'' means the
2-month period immediately preceding the end of a fiscal year.
(2) Discretionary appropriations.--The term ``discretionary
appropriations'' has the meaning given the term in section
250(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c)).
(3) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
SEC. 302. REQUIREMENTS FOR EXECUTIVE AGENCY SPENDING AT THE END OF A
FISCAL YEAR.
(a) In General.--Except as provided in subsection (c), the amount
of discretionary appropriations obligated by an Executive agency during
each month of a covered period may not exceed the average monthly
amount of discretionary appropriations obligated by the Executive
agency during the 10-month period immediately preceding the covered
period.
(b) Report.--Not later than 60 days after the end of each fiscal
year, each Executive agency shall submit to Congress and post on a
publicly available website an itemized list of discretionary
appropriations obligated by the Executive agency during the covered
period immediately preceding the date on which the report is submitted.
(c) Exception.--This section shall not apply with respect to any
discretionary appropriations obligated by an Executive agency for
national security-related activities.
TITLE IV--NO BUDGET, NO PAY
SEC. 401. DEFINITION.
In this title, the term ``Member of Congress''--
(1) has the meaning given under section 2106 of title 5,
United States Code; and
(2) does not include the Vice President.
SEC. 402. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE BUDGET AND
THE APPROPRIATIONS BILLS.
If both Houses of Congress have not approved 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 a fiscal year before October 1 of that fiscal year and have not
passed all the regular appropriations bills for the next fiscal year
before October 1 of that fiscal year, the pay of each Member of
Congress may not be paid for each day following that October 1 until
the date on which both Houses of Congress approve a concurrent
resolution on the budget for that fiscal year and all the regular
appropriations bills.
SEC. 403. 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
United States Treasury for the pay of any Member of Congress during any
period determined by the Chairpersons of the Committee on the Budget
and the Committee on Appropriations of the Senate or the Chairpersons
of the Committee on the Budget and the Committee on Appropriations of
the House of Representatives under section 404.
(b) No Retroactive Pay.--A Member of Congress may not receive pay
for any period determined by the Chairpersons of the Committee on the
Budget and the Committee on Appropriations of the Senate or the
Chairpersons of the Committee on the Budget and the Committee on
Appropriations of the House of Representatives under section 404, at
any time after the end of that period.
SEC. 404. DETERMINATIONS.
(a) Senate.--
(1) Request for certifications.--On October 1 of each year,
the Secretary of the Senate shall submit a request to the
Chairpersons of the Committee on the Budget and the Committee
on Appropriations of the Senate for certification of
determinations made under subparagraphs (A) and (B) of
paragraph (2).
(2) Determinations.--The Chairpersons of the Committee on
the Budget and the Committee on Appropriations of the Senate
shall--
(A) on October 1 of each year, make a determination
of whether Congress is in compliance with section 402
and whether Senators may not be paid under that
section;
(B) determine the period of days following each
October 1 that Senators may not be paid under section
402; 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 year,
the Chief Administrative Officer of the House of
Representatives shall submit a request to the Chairpersons of
the Committee on the Budget and the Committee on Appropriations
of the House of Representatives for certification of
determinations made under subparagraphs (A) and (B) of
paragraph (2).
(2) Determinations.--The Chairpersons of the Committee on
the Budget and the Committee on Appropriations of the House of
Representatives shall--
(A) on October 1 of each year, make a determination
of whether Congress is in compliance with section 402
and whether Members of the House of Representatives may
not be paid under that section;
(B) determine the period of days following each
October 1 that Members of the House of Representatives
may not be paid under section 402; 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. 405. EFFECTIVE DATE.
This title shall take effect on February 1, 2021.
TITLE V--NO BUDGET, NO RECESS
SEC. 501. NO BUDGET, NO RECESS.
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.''.
SEC. 502. 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''.
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