II 

116TH CONGRESS 

1ST SESSION S. 44 

To reduce a portion of the annual pay of Members of Congress for the 

failure to adopt a concurrent resolution on the budget which does not 

provide for a balanced budget, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2019 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To reduce a portion of the annual pay of Members of Congress for the failure to adopt a concurrent resolution 

on the budget which does not provide for a balanced 

budget, and for other purposes. 

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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Balanced Budget Accountability Act’’. 

6 (b) FINDINGS.—Congress finds the following: 


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1 (1) The Federal debt exceeds 

2 $21,000,000,000,000, continues to grow rapidly, and 

3 is larger than the size of the United States economy. 

4 (2) The Federal budget has shown an annual 

5 deficit in 49 of the last 54 years. 

6 (3) Deficits and the Federal debt threaten to 

7 shatter confidence in the Nation’s economy, suppress 

8 job creation and economic growth, and leave future 

9 generations of Americans with a lower standard of 

10 living and fewer opportunities. 

11 (4) It is the duty of Members of Congress to 

12 develop and implement policies, including balancing 

13 the Federal budget, that encourage robust job cre14 ation and economic growth in the United States. 

15 (5) Members of Congress should be held ac16 countable for failing to pass annual budgets that re17 sult in a balanced budget. 

18 SEC. 2. EFFECT OF FAILURE TO ADOPT RESOLUTION PRO19 VIDING FOR BALANCED BUDGETS. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘balanced budget’’ means a con22 current resolution on the budget which provides that 

23 for fiscal year 2029, and each fiscal year thereafter 

24 to which the concurrent resolution on the budget ap25 plies— 


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1 (A) total outlays do not exceed total re2 ceipts; and 

3 (B) total outlays are not more than 18 

4 percent of the projected gross domestic product 

5 of the United States (as determined by the Bu6 reau of Economic Analysis of the Department 

7 of Commerce) for such fiscal year; 

8 (2) the term ‘‘Director’’ means the Director of 

9 the Office of Management and Budget; and 

10 (3) the term ‘‘Member’’ includes a Delegate or 

11 Resident Commissioner to Congress. 

12 (b) DETERMINATION BY THE OFFICE OF MANAGE13 MENT AND BUDGET.—Upon adoption by a House of Con14 gress of a concurrent resolution on the budget for a fiscal 

15 year, the Director shall— 

16 (1) determine whether the concurrent resolution 

17 on the budget is a balanced budget; and 

18 (2) submit to the Speaker of the House of Rep19 resentatives or the President pro tempore of the 

20 Senate (as the case may be) a certification as to 

21 whether or not that House of Congress has adopted 

22 a balanced budget. 

23 (c) RULE FOR FISCAL YEARS 2020 AND 2021.— 

24 (1) FISCAL YEAR 2020.— 


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1 (A) HOLDING SALARIES IN ESCROW.—If 

2 the Director does not certify that a House of 

3 Congress has adopted a balanced budget with 

4 respect to fiscal year 2020 before April 16, 

5 2019, during the period described in subpara6 graph (B) the payroll administrator of that 

7 House of Congress shall deposit in an escrow 

8 account all payments otherwise required to be 

9 made during such period for the compensation 

10 of Members of Congress who serve in that 

11 House of Congress, and shall release such pay12 ments to such Members only upon the expira13 tion of such period. 

14 (B) PERIOD DESCRIBED.—With respect to 

15 a House of Congress, the period described in 

16 this subparagraph is the period that begins on 

17 April 16, 2019, and ends on the earlier of— 

18 (i) the date on which the Director cer19 tifies that the House of Congress has 

20 adopted a balanced budget with respect to 

21 fiscal year 2020; or 

22 (ii) the last day of the One Hundred 

23 Sixteenth Congress. 

24 (2) FISCAL YEAR 2021.— 


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1 (A) HOLDING SALARIES IN ESCROW.—If 

2 the Director does not certify that a House of 

3 Congress has adopted a balanced budget with 

4 respect to fiscal year 2021 before April 16, 

5 2020, during the period described in subpara6 graph (B) the payroll administrator of that 

7 House of Congress shall deposit in an escrow 

8 account all payments otherwise required to be 

9 made during such period for the compensation 

10 of Members of Congress who serve in that 

11 House of Congress, and shall release such pay12 ments to such Members only upon the expira13 tion of such period. 

14 (B) PERIOD DESCRIBED.—With respect to 

15 a House of Congress, the period described in 

16 this subparagraph is the period that begins on 

17 April 16, 2020, and ends on the earlier of— 

18 (i) the date on which the Director cer19 tifies that the House of Congress has 

20 adopted a balanced budget with respect to 

21 fiscal year 2021; or 

22 (ii) the last day of the One Hundred 

23 Sixteenth Congress. 

24 (3) WITHHOLDING AND REMITTANCE OF

25 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 


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1 payroll administrator shall provide for the same 

2 withholding and remittance with respect to a pay3 ment deposited in an escrow account under para4 graph (1) or (2) that would apply to the payment if 

5 the payment were not subject to paragraph (1) or 

6 (2). 

7 (4) RELEASE OF AMOUNTS AT END OF THE

8 CONGRESS.—In order to ensure that this subsection 

9 is carried out in a manner that shall not vary the 

10 compensation of Senators or Representatives in vio11 lation of the twenty-seventh amendment to the Con12 stitution of the United States, the payroll adminis13 trator of a House of Congress shall release for pay14 ments to Members of that House of Congress any 

15 amounts remaining in any escrow account under this 

16 section on the last day of the One Hundred Six17 teenth Congress. 

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

19 The Secretary of the Treasury shall provide the pay20 roll administrators of the Houses of Congress with 

21 such assistance as may be necessary to enable the 

22 payroll administrators to carry out this subsection. 

23 (6) PAYROLL ADMINISTRATOR DEFINED.—In 

24 this subsection, the ‘‘payroll administrator’’ of a 

25 House of Congress means— 


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1 (A) in the case of the House of Represent2 atives, the Chief Administrative Officer of the 

3 House of Representatives, or an employee of 

4 the Office of the Chief Administrative Officer 

5 who is designated by the Chief Administrative 

6 Officer to carry out this section; and 

7 (B) in the case of the Senate, the Sec8 retary of the Senate, or an employee of the Of9 fice of the Secretary of the Senate who is des10 ignated by the Secretary to carry out this sec11 tion. 

12 (d) RULE FOR FISCAL YEAR 2022 AND SUBSEQUENT

13 FISCAL YEARS.—If the Director does not certify that a 

14 House of Congress has adopted a balanced budget with 

15 respect to fiscal year 2022, or any fiscal year thereafter, 

16 before April 16 of the fiscal year before such fiscal year, 

17 during pay periods which occur in the same calendar year 

18 after that date each Member of that House shall be paid 

19 at an annual rate of pay equal to $1. 

20 SEC. 3. SUPERMAJORITY REQUIREMENT FOR INCREASING 

21 REVENUE. 

22 (a) IN GENERAL.—In the Senate and the House of 

23 Representatives, a bill, joint resolution, amendment, con24 ference report, or amendment between the Houses that in25 creases revenue shall only be agreed to upon an affirmaVerDate Sep 11 2014 02:09 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S44.IS S44

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1 tive vote of three-fifths of the Members of that House of 

2 Congress duly chosen and sworn. 

3 (b) RULES OF SENATE AND THE HOUSE OF REP4 RESENTATIVES.—Subsection (a) is enacted by Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the Senate and House of Representatives, respec7 tively, and as such it is deemed a part of the rules 

8 of each House, respectively, but applicable only with 

9 respect to the procedure to be followed in that 

10 House in the case of a bill, joint resolution, amend11 ment, conference report, or amendment between the 

12 Houses that increases revenue, and it supersedes 

13 other rules only to the extent that it is inconsistent 

14 with such rules; and 

15 (2) with full recognition of the constitutional 

16 right of either House to change the rules (so far as 

17 relating to the procedure of that House) at any time, 

18 in the same manner, and to the same extent as in 

19 the case of any other rule of that House. 

Æ 


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