I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Budget Process En5 hancement Act’’. 


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1 TITLE I—CHANGES IN THE 

2 BASELINE 

3 SEC. 101. CHANGES IN THE BASELINE. 

4 Section 257(c) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985 is amended— 

6 (1) in the second sentence of paragraph (1), by 

7 striking everything that follows ‘‘current year,’’ and 

8 inserting ‘‘excluding resources designated as an 

9 emergency requirement and any resources provided 

10 in supplemental appropriation laws.’’; 

11 (2) by striking paragraphs (2), (3), (4), and 

12 (5); 

13 (3) by redesignating paragraph (6) as para14 graph (2); and 

15 (4) by inserting after paragraph (2) the fol16 lowing new paragraph: 

17 ‘‘(3) NO ADJUSTMENT FOR INFLATION.—No 

18 adjustment shall be made for inflation or for any 

19 other factor.’’. 


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1 TITLE II—BUDGET ACCOUNT2 ABILITY OF MEMBERS OF 

3 CONGRESS 

4 SEC. 201. HOLDING SALARIES OF MEMBERS OF CONGRESS 

5 IN ESCROW UPON FAILURE TO AGREE TO 

6 BUDGET RESOLUTION. 

7 (a) HOLDING SALARIES IN ESCROW.— 

8 (1) IN GENERAL.—If by April 15, 2021, a 

9 House of Congress has not agreed to a concurrent 

10 resolution on the budget for fiscal year 2022 pursu11 ant to section 301 of the Congressional Budget Act 

12 of 1974, during the period described in paragraph 

13 (2) the payroll administrator of that House of Con14 gress shall deposit in an escrow account all pay15 ments otherwise required to be made during such 

16 period for the compensation of Members of Congress 

17 who serve in that House of Congress, and shall re18 lease such payments to such Members only upon the 

19 expiration of such period. 

20 (2) PERIOD DESCRIBED.—With respect to a 

21 House of Congress, the period described in this 

22 paragraph is the period which begins on April 16, 

23 2021, and ends on the earlier of— 

24 (A) the day on which the House of Con25 gress agrees to a concurrent resolution on the 


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1 budget for fiscal year 2021 pursuant to section 

2 301 of the Congressional Budget Act of 1974; 

3 or 

4 (B) the last day of the One Hundred Sev5 enteenth Congress. 

6 (3) WITHHOLDING AND REMITTANCE OF

7 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 

8 payroll administrator shall provide for the same 

9 withholding and remittance with respect to a pay10 ment deposited in an escrow account under para11 graph (1) that would apply to the payment if the 

12 payment were not subject to paragraph (1). 

13 (4) RELEASE OF AMOUNTS AT END OF THE

14 CONGRESS.—In order to ensure that this section is 

15 carried out in a manner that shall not vary the com16 pensation of Senators or Representatives in violation 

17 of the twenty-seventh article of amendment to the 

18 Constitution of the United States, the payroll ad19 ministrator of a House of Congress shall release for 

20 payments to Members of that House of Congress 

21 any amounts remaining in any escrow account under 

22 this section on the last day of the One Hundred Sev23 enteenth Congress. 

24 (5) ROLE OF SECRETARY OF THE TREASURY.— 

25 The Secretary of the Treasury shall provide the payVerDate Sep 11 2014 05:28 Nov 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5085.IH H5085

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1 roll administrators of the Houses of Congress with 

2 such assistance as may be necessary to enable the 

3 payroll administrators to carry out this section. 

4 (b) TREATMENT OF DELEGATES AS MEMBERS.—In 

5 this section, the term ‘‘Member of Congress’’ includes a 

6 Delegate or Resident Commissioner to the Congress. 

7 (c) PAYROLL ADMINISTRATOR DEFINED.—In this 

8 section, the term ‘‘payroll administrator’’ of a House of 

9 Congress means— 

10 (1) in the case of the House of Representatives, 

11 the Chief Administrative Officer of the House of 

12 Representatives, or an employee of the Office of the 

13 Chief Administrative Officer who is designated by 

14 the Chief Administrative Officer to carry out this 

15 section; and 

16 (2) in the case of the Senate, the Secretary of 

17 the Senate, or an employee of the Office of the Sec18 retary of the Senate who is designated by the Sec19 retary to carry out this section. 

20 SEC. 202. DETERMINATION OF COMPLIANCE WITH STATU21 TORY REQUIREMENT TO SUBMIT THE PRESI22 DENT’S BUDGET. 

23 Not later than 3 days after the President’s budget 

24 is due, the Inspector General of the Office of Personnel 

25 Management shall— 


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1 (1) make an annual determination of whether 

2 the Director of the Office of Management and Budg3 et (OMB) and the President are in compliance with 

4 section 1105 of title 31, United States Code; and 

5 (2) provide a written notification of such deter6 mination to the Chairs of the Committee on the 

7 Budget and the Committee on Appropriations of the 

8 Senate and the Chairs of the Committee on the 

9 Budget and the Committee on Appropriations of the 

10 House of Representatives. 

11 SEC. 203. NO PAY UPON FAILURE TO TIMELY SUBMIT THE 

12 PRESIDENT’S BUDGET TO CONGRESS. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, no funds may be appropriated or otherwise 

15 be made available from the United States Treasury for 

16 the pay of the Director of OMB, Deputy Director of OMB, 

17 and the Deputy Director for Management of OMB during 

18 any period of noncompliance determined by the Inspector 

19 General of the Office of Personnel Management under sec20 tion 202. 

21 (b) NO RETROACTIVE PAY.—The Director of OMB, 

22 Deputy Director of OMB, and the Deputy Director for 

23 Management of OMB may not receive pay for any period 

24 of noncompliance determined by the Inspector General of 


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1 the Office of Personnel Management under section 202 

2 at any time after the end of that period. 

3 SEC. 204. EFFECTIVE DATE. 

4 Sections 202 and 203 shall take effect upon the date 

5 of enactment of this Act. 

Æ 


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