[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3565 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3565

   To reduce the salaries of Members of Congress if a Federal budget 
 deficit exists, prohibit commodities and securities trading based on 
  non-public information relating to Congress, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2011

  Mr. Flores introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
  Oversight and Government Reform, Agriculture, Rules, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To reduce the salaries of Members of Congress if a Federal budget 
 deficit exists, prohibit commodities and securities trading based on 
  non-public information relating to Congress, 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 ``Reconnecting Congress with America 
Act of 2011''.

SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO 
              FEDERAL BUDGET DEFICIT.

    (a) Determination of Salaries.--The annual rate of pay for a Member 
of Congress (including a Delegate or Resident Commissioner to the 
Congress) for pay periods occurring in a calendar year shall be equal 
to the following:
            (1) If, with respect to the most recent fiscal year ending 
        before that calendar year, the Federal deficit was equal to or 
        greater than 3 percent of the gross domestic product, 80% of 
        the base rate applicable to the Member.
            (2) If, with respect to the most recent fiscal year ending 
        before that calendar year, the Federal deficit was less than 3 
        percent of the gross domestic product, 90% of the base rate 
        applicable to the Member.
            (3) If, with respect to the most recent fiscal year ending 
        before that calendar year, there was no Federal deficit, 100% 
        of the base rate applicable to the Member.
    (b) Federal Deficit.--
            (1) Definition.--For purposes of this section, the term 
        ``Federal deficit'' means, with respect to a fiscal year, the 
        amount by which outlays of the Federal Government exceeded 
        receipts of the Government for that fiscal year.
            (2) Report by secretary of the treasury.--Not later than 30 
        days after the end of each fiscal year (beginning with fiscal 
        year 2011), the Secretary of the Treasury shall--
                    (A) make a determination of the gross domestic 
                product for that fiscal year;
                    (B) make a determination of whether a Federal 
                deficit existed with respect to that fiscal year, and, 
                if so, the amount of such Federal deficit; and
                    (C) submit a report of such determinations to 
                Congress.
    (c) Base Rate.--For purposes of this section, the ``base rate'' 
applicable to a Member of Congress means--
            (1) in the case of the Speaker of the House of 
        Representatives, $223,500;
            (2) in the case of the President pro tempore of the Senate, 
        the majority leader and the minority leader of the Senate, and 
        the majority leader and the minority leader of the House of 
        Representatives, $193,400; and
            (3) in the case of any other Member of Congress, $174,000.
    (d) Conforming Amendment.--Section 601(a) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
    (e) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall apply with respect to pay periods occurring 
        on or after January 1, 2013.
            (2) Sense of congress regarding voluntary return of 
        salary.--It is the sense of Congress that, during pay periods 
        occurring after the date of enactment of this Act and prior to 
        the date referred to in paragraph (1), each Member of Congress 
        should voluntarily adjust the amount of the Member's salary to 
        reflect the annual rates of pay that will take effect on such 
        date.

SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS.

    (a) Civil Service Retirement System.--
            (1) Member contribution.--Notwithstanding any provision of 
        subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, 
        United States Code, for any period beginning on or after date 
        of enactment of this Act, the contributions payable by a Member 
        of Congress under such provision for such period shall be equal 
        to the percentage that would otherwise apply plus 4.9 
        percentage points.
            (2) Government contribution.--Notwithstanding any provision 
        of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such 
        title, for any period beginning on or after date of enactment 
        of this Act, the contributions payable under such provision for 
        a Member of Congress shall be equal to the percentage that 
        would otherwise apply minus 4.9 percentage points.
    (b) Federal Employees' Retirement System.--
            (1) Member contribution.--Notwithstanding any provision of 
        section 8422(a) of title 5, United States Code, for any period 
        beginning on or after date of enactment of this Act, the 
        contributions payable by a Member of Congress under such 
        provision for such period shall be equal to the percentage that 
        would otherwise apply plus 4.9 percentage points.
            (2) Government contribution.--Notwithstanding any provision 
        of section 8423 of such title, for any period beginning on or 
        after date of enactment of this Act, the contributions payable 
        under such provision for a Member of Congress shall be equal to 
        the percentage that would otherwise apply (disregarding 
        paragraph (1)) minus 4.9 percentage points.

SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON 
              NONPUBLIC INFORMATION RELATING TO CONGRESS.

    (a) Nonpublic Information Relating to Congress and Other Federal 
Employees.--
            (1) Commodities transactions.--Section 4c of the Commodity 
        Exchange Act (7 U.S.C. 6c) is amended by adding at the end the 
        following:
    ``(h) Nonpublic Information Relating to Congress.--Not later than 
270 days after the date of enactment of this subsection, the Commission 
shall by rule prohibit any person from buying or selling any commodity 
for future delivery or swap while such person is in possession of 
material nonpublic information, as defined by the Commission, relating 
to any pending or prospective legislative action relating to such 
commodity if--
            ``(1) such information was obtained by reason of such 
        person being a Member or employee of Congress; or
            ``(2) such information was obtained from a Member or 
        employee of Congress, and such person knows that the 
        information was so obtained.
    ``(i) Nonpublic Information Relating to Other Federal Employees.--
            ``(1) Rulemaking.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any person from buying or selling any commodity for 
        future delivery or swap while such person is in possession of 
        material nonpublic information derived from Federal employment 
        and relating to such commodity if--
                    ``(A) such information was obtained by reason of 
                such person being an employee of an agency, as such 
                term is defined in section 551(1) of title 5, United 
                States Code; or
                    ``(B) such information was obtained from such an 
                employee, and such person knows that the information 
                was so obtained.
            ``(2) Material nonpublic information.--For purposes of this 
        subsection, the term `material nonpublic information' means any 
        information that an employee of an agency (as such term is 
        defined in section 551(1) of title 5, United States Code) gains 
        by reason of Federal employment and that such employee knows or 
        should know has not been made available to the general public, 
        including information that--
                    ``(A) is routinely exempt from disclosure under 
                section 552 of title 5, United States Code, or 
                otherwise protected from disclosure by statute, 
                Executive order, or regulation;
                    ``(B) is designated as confidential by an agency; 
                or
                    ``(C) has not actually been disseminated to the 
                general public and is not authorized to be made 
                available to the public on request.''.
            (2) Securities transactions.--Section 10 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at 
        the end the following:
    ``(d) Nonpublic Information Relating to Congress.--Not later than 
270 days after the date of enactment of this subsection, the Commission 
shall by rule prohibit any person from buying or selling the securities 
or security based swaps of any issuer while such person is in 
possession of material nonpublic information, as defined by the 
Commission, relating to any pending or prospective legislative action 
relating to such issuer if--
            ``(1) such information was obtained by reason of such 
        person being a Member or employee of Congress; or
            ``(2) such information was obtained from a Member or 
        employee of Congress, and such person knows that the 
        information was so obtained.
    ``(e) Nonpublic Information Relating to Other Federal Employees.--
            ``(1) Rulemaking.--Not later than 270 days after the date 
        of enactment of this subsection, the Commission shall by rule 
        prohibit any person from buying or selling the securities or 
        security based swaps of any issuer while such person is in 
        possession of material nonpublic information derived from 
        Federal employment and relating to such issuer if--
                    ``(A) such information was obtained by reason of 
                such person being an employee of an agency, as such 
                term is defined in section 551(1) of title 5, United 
                States Code; or
                    ``(B) such information was obtained from such an 
                employee, and such person knows that the information 
                was so obtained.
            ``(2) Material nonpublic information.--For purposes of this 
        subsection, the term `material nonpublic information' means any 
        information that an employee of an agency (as such term is 
        defined in section 551(1) of title 5, United States Code) gains 
        by reason of Federal employment and that such employee knows or 
        should know has not been made available to the general public, 
        including information that--
                    ``(A) is routinely exempt from disclosure under 
                section 552 of title 5, United States Code, or 
                otherwise protected from disclosure by statute, 
                Executive order, or regulation;
                    ``(B) is designated as confidential by an agency; 
                or
                    ``(C) has not actually been disseminated to the 
                general public and is not authorized to be made 
                available to the public on request.''.
    (b) Committee Hearings on Implementation.--
            (1) In general.--The Committee on Agriculture of the House 
        of Representatives shall hold a hearing on the implementation 
        by the Commodity Futures Trading Commission of subsections (h) 
        and (i) of section 4c of the Commodity Exchange Act (as added 
        by subsection (a)), and the Committee on Financial Services of 
        the House of Representatives shall hold a hearing on the 
        implementation by the Securities Exchange Commission of 
        subsections (d) and (e) of section 10 of the Securities 
        Exchange Act of 1934 (as added by subsection (a)).
            (2) Exercise of rulemaking authority.--Paragraph (1) is 
        enacted--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and, as such, shall be 
                considered as part of the rules of the House, and such 
                rules shall supersede any other rule of the House only 
                to the extent that rule is inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of the House to change such rules (so far as 
                relating to the procedure in the House) at any time, in 
                the same manner, and to the same extent as in the case 
                of any other rule of the House.

SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS.

    It is the sense of Congress that any law enacted by Congress should 
apply to Members of Congress in the same manner and to the same extent 
as the law applies to other individuals.
                                 <all>