II 111th CONGRESS 2d Session S. 3071 IN THE SENATE OF THE UNITED STATES March 4, 2010 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for a freeze on the pay of Members of Congress and appropriations for certain congressional offices until there are sufficient improvements in the national unemployment rate, and for other purposes.

1.

Short title

This Act may be cited as the Congressional Pay Freeze Act of 2010.

2.

Findings

Congress finds that— (1)the national unemployment rate remained at or exceeded 10 percent throughout each month of the fourth quarter of calendar year 2009; (2)the national unemployment rate remained at or exceeded 9.4 percent for each month of the third quarter of calendar year 2009; (3)in the fourth quarter of calendar year 2009, the national unemployment rate reached its highest level since 1983; (4)in 2009, the number of mass layoff events (as defined by the Bureau of Labor Statistics of the Department of Labor) totaled 28,030, the highest number of mass layoff events recorded since 1996, the first year for which this data became available; (5)according to Christina Romer of the Council of Economic Advisors, more than 7,000,000 Americans lost their jobs from December 2007 to December 2009; (6)in December 2009, 39.8 percent of unemployed persons had been unemployed for 27 weeks or more; (7)until the jobs numbers in the United States steadily improve for 4 consecutive quarters, Members of Congress and their offices should not get a cost of living adjustment or other salary increase; and (8)until Congress makes the difficult decisions necessary to get annual Federal budget deficits under control, Members of Congress should not get a cost of living adjustment or other pay increase.

3.

Restrictions on pay of Members of Congress

(a)

Definition

In this section, the term Members of Congress means the Members of Congress described under section 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)). (b)

Restrictions

(1)

Restriction on COLA adjustments

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during any fiscal year, until the Bureau of Labor Statistics average of monthly unemployment rates for a quarter decreases for 4 consecutive quarters with respect to quarters which begin after the date of enactment of this Act. (2)

Restriction on pay increases

Notwithstanding any other provision of law, no increase may be made to the pay of Members of Congress during any fiscal year, until the Bureau of Labor Statistics average of monthly unemployment rates for a quarter decreases for 4 consecutive quarters with respect to quarters which begin after the date of enactment of this Act.

4.

Restrictions on appropriations for Congressional Offices and Committees

(a)

Definition

In this section, the term congressional leadership office means— (1)in the Senate— (A)the Office of the President Pro Tempore; (B)the Offices of the Majority and Minority Leaders; and (C)the Offices of the Majority and Minority Whips; and (2)in the House of Representatives, any office appropriated funds from the appropriations account under the heading House leadership offices. (b)

Restriction

Notwithstanding any other provision of law, the amount of appropriations for any office of a Member of Congress, any committee of the Senate or House of Representatives, or any congressional leadership office may not exceed the amount of appropriations for that office or committee in fiscal year 2010, until the fiscal year following a report submitted by the Secretary of Labor under section 5(a).

5.

Determinations and reports

(a)

In general

The Secretary of Labor shall submit a report to Congress whenever the Secretary determines that the Bureau of Labor Statistics average of monthly unemployment rates for a quarter decreases for 4 consecutive quarters with respect to quarters which begin after the date of enactment of this Act. (b)

Restriction of COLA adjustments

Not later than the end of each calendar year, the Secretary of Labor shall submit a report to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives on— (1)any determination made under subsection (a); and (2)whether or not the restriction under section 3(b)(1) shall apply to the succeeding fiscal year.