```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 5085

 To remove the discretionary inflater from the baseline and to provide 
  that the salaries of Members of a House of Congress will be held in 
 escrow if that House has not agreed to a concurrent resolution on the 
                      budget for fiscal year 2022.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2019

 Mr. Biggs (for himself and Mr. Norman) introduced the following bill; 
 which was referred to the Committee on the Budget, and in addition to 
the Committees on House Administration, and Oversight and Reform, 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 remove the discretionary inflater from the baseline and to provide 
  that the salaries of Members of a House of Congress will be held in 
 escrow if that House has not agreed to a concurrent resolution on the 
                      budget for fiscal year 2022.

    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 ``Budget Process Enhancement Act''.

                    TITLE I--CHANGES IN THE BASELINE

SEC. 101. CHANGES IN THE BASELINE.

    Section 257(c) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended--
            (1) in the second sentence of paragraph (1), by striking 
        everything that follows ``current year,'' and inserting 
        ``excluding resources designated as an emergency requirement 
        and any resources provided in supplemental appropriation 
        laws.'';
            (2) by striking paragraphs (2), (3), (4), and (5);
            (3) by redesignating paragraph (6) as paragraph (2); and
            (4) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) No adjustment for inflation.--No adjustment shall be 
        made for inflation or for any other factor.''.

         TITLE II--BUDGET ACCOUNTABILITY OF MEMBERS OF CONGRESS

SEC. 201. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON 
              FAILURE TO AGREE TO BUDGET RESOLUTION.

    (a) Holding Salaries in Escrow.--
            (1) In general.--If by April 15, 2021, a House of Congress 
        has not agreed to a concurrent resolution on the budget for 
        fiscal year 2022 pursuant to section 301 of the Congressional 
        Budget Act of 1974, during the period described in paragraph 
        (2) the payroll administrator of that 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.--With respect to a House of Congress, 
        the period described in this paragraph is the period which 
        begins on April 16, 2021, and ends on the earlier of--
                    (A) the day on which the House of Congress agrees 
                to a concurrent resolution on the budget for fiscal 
                year 2021 pursuant to section 301 of the Congressional 
                Budget Act of 1974; or
                    (B) the last day of the One Hundred Seventeenth 
                Congress.
            (3) Withholding and remittance of amounts from payments 
        held in escrow.--The payroll administrator 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 the 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 twenty-seventh article of 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 
        Seventeenth 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 of Congress'' includes a Delegate or Resident Commissioner to 
the Congress.
    (c) Payroll Administrator Defined.--In this section, the term 
``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.

SEC. 202. DETERMINATION OF COMPLIANCE WITH STATUTORY REQUIREMENT TO 
              SUBMIT THE PRESIDENT'S BUDGET.

    Not later than 3 days after the President's budget is due, the 
Inspector General of the Office of Personnel Management shall--
            (1) make an annual determination of whether the Director of 
        the Office of Management and Budget (OMB) and the President are 
        in compliance with section 1105 of title 31, United States 
        Code; and
            (2) provide a written notification of such determination to 
        the Chairs of the Committee on the Budget and the Committee on 
        Appropriations of the Senate and the Chairs of the Committee on 
        the Budget and the Committee on Appropriations of the House of 
        Representatives.

SEC. 203. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S BUDGET 
              TO CONGRESS.

    (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 the Director of OMB, Deputy 
Director of OMB, and the Deputy Director for Management of OMB during 
any period of noncompliance determined by the Inspector General of the 
Office of Personnel Management under section 202.
    (b) No Retroactive Pay.--The Director of OMB, Deputy Director of 
OMB, and the Deputy Director for Management of OMB may not receive pay 
for any period of noncompliance determined by the Inspector General of 
the Office of Personnel Management under section 202 at any time after 
the end of that period.

SEC. 204. EFFECTIVE DATE.

    Sections 202 and 203 shall take effect upon the date of enactment 
of this Act.
                                 <all>
```