I 

108TH CONGRESS 

2D SESSION H. R. 3736

To provide that pay for Members of Congress be reduced following any 

fiscal year in which there is a Federal deficit. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2004

Mr. DEAL of Georgia introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committee 

on Government 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 provide that pay for Members of Congress be reduced 

following any fiscal year in which there is a Federal deficit.

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 ‘‘Fiscal Responsibility 

5 Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purpose of this Act—

8 (1) a ‘‘deficit’’ shall be considered to exist in a 

9 fiscal year if total budget outlays of the Government 
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1 for such fiscal year exceed total revenues of the Gov2 ernment for such fiscal year (as determined under 

3 section 3(d)); and 

4 (2) the term ‘‘Member of Congress’’ or ‘‘Mem5 ber’’ means an individual serving in a position re6 ferred to in section 601(a)(1) of the Legislative Re7 organization Act of 1946 (2 U.S.C. 31(1)). 

8 SEC. 3. EFFECT OF A DEFICIT. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, if there is a deficit in a fiscal year, then—

11 (1) any pay adjustment for Members of Con12 gress scheduled to take effect under section 601(a) 

13 of the Legislative Reorganization Act of 1946 (2 

14 U.S.C. 31) in the succeeding calendar year shall be 

15 null and void; and 

16 (2) effective as of the first day of the first pay 

17 period beginning in that succeeding calendar year, 

18 rates of basic pay for Members of Congress shall be 

19 reduced (from the rate in effect as of the day before 

20 the start of such succeeding calendar year) by the 

21 amount determined under subsection (b), but not 

22 below zero. 

23 (b) REDUCTIONS REQUIRED.—The reduction re24 quired under this subsection is as follows: 
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1 (1) If the reduction is to take effect in a cal2 endar year that does not immediately follow another 

3 calendar year in which a reduction under this sec4 tion was made, the reduction amount shall be equal 

5 to 5 percent of the rate of basic pay last in effect 

6 before such reduction is made. 

7 (2) If the reduction is to take effect in a cal8 endar year that immediately follows another cal9 endar year in which a reduction under this section 

10 was made, the reduction amount shall be equal to 10 

11 percent of the rate of basic pay last in effect before 

12 the most recent reduction under paragraph (1) was 

13 made. 

14 (c) CONDITIONS FOR RESTORATION.—If, following 

15 one or more years in which Members’ pay is reduced under 

16 this Act, there occurs a fiscal year in which there is no 

17 deficit, then, effective as of the first day of the first pay 

18 period in the succeeding calendar year (and until another 

19 deficit triggering the preceding provisions of this section 

20 occurs)—

21 (1) rates of basic pay for Members shall be re22 stored to the highest rate that was at any time pre23 viously payable for the office involved; and 
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1 (2) pay adjustments scheduled to take effect on 

2 or after such first day under the provision of law re3 ferred to in subsection (a)(1) shall be effective. 

4 (d) DETERMINATIONS.—Determinations of whether 

5 or not a deficit exists in any fiscal year shall, for purposes 

6 of this Act, be made by the Director of the Congressional 

7 Budget Office. In making any such determination, the Di8 rector shall exclude any budget outlays which (as deter9 mined by the Director) directly relate to a military conflict 

10 that lasts over 30 days or that is in direct response to 

11 a terrorist attack on the United States. 

12 SEC. 4. EFFECTIVE DATE. 

13 This Act shall take effect on the date of the enact14 ment of this Act, except that no determination under sec15 tion 3(d) shall be made with respect to any fiscal year 

16 before fiscal year 2005.

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