I 

116TH CONGRESS 

1ST SESSION H. R. 1172 

To amend title 31, United States Code, to provide for automatic continuing 

appropriations, to withhold the pay of the President and Members of 

Congress during any period in which such automatic continuing appropriations are in effect, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2019 

Mr. KILDEE (for himself and Mr. DEFAZIO) introduced the following bill; 

which was referred to the Committee on Appropriations, and in addition 

to the Committees on Oversight and Reform, House Administration, and 

the Budget, 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 amend title 31, United States Code, to provide for automatic continuing appropriations, to withhold the pay of 

the President and Members of Congress during any period in which such automatic continuing appropriations 

are in effect, 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. 

4 This Act may be cited as the ‘‘Ensure Washington 

5 Funds Government Responsibly Act’’. 


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1 SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. 

2 (a) IN GENERAL.—Chapter 13 of title 31, United 

3 States Code, is amended by inserting after section 1310 

4 the following new section: 

5 ‘‘SEC. 1311. CONTINUING APPROPRIATIONS. 

6 ‘‘(a)(1) If any appropriation measure for a fiscal year 

7 is not enacted before the beginning of such fiscal year or 

8 a joint resolution making continuing appropriations is not 

9 in effect, there are appropriated such sums as may be nec10 essary to continue any program, project, or activity for 

11 which funds were provided in the preceding fiscal year— 

12 ‘‘(A) in the corresponding appropriation Act for 

13 such preceding fiscal year; or 

14 ‘‘(B) if the corresponding appropriation bill for 

15 such preceding fiscal year did not become law, then 

16 in a joint resolution making continuing appropria17 tions for such preceding fiscal year. 

18 ‘‘(2)(A) Appropriations and funds made available, 

19 and authority granted, for a program, project, or activity 

20 for any fiscal year pursuant to this section shall be at a 

21 rate of operations not in excess of the lower of— 

22 ‘‘(i) 100 percent of the rate of operations pro23 vided for in the regular appropriation Act providing 

24 for such program, project, or activity for the pre25 ceding fiscal year, increased by the percent increase 

26 (if any) in the Consumer Price Index for Urban 


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1 Consumers (CPI–U, published by the Bureau of 

2 Labor Statistics of the Department of Labor) be3 tween the 2 months immediately preceding the date 

4 this section begins to be in effect; 

5 ‘‘(ii) in the absence of such an Act, 100 percent 

6 of the rate of operations provided for such program, 

7 project, or activity pursuant to a joint resolution 

8 making continuing appropriations for such preceding 

9 fiscal year, increased by the percent increase (if any) 

10 in the CPI–U between the 2 months immediately 

11 preceding the date this section begins to be in effect; 

12 or 

13 ‘‘(iii) 100 percent of the annualized rate of op14 erations provided for in the most recently enacted 

15 joint resolution making continuing appropriations 

16 for part of that fiscal year or any funding levels es17 tablished under the provisions of this Act, increased 

18 by the percent increase (if any) in the CPI–U be19 tween the 2 months immediately preceding the date 

20 this section begins to be in effect. 

21 ‘‘(B) During the period in which this section is in 

22 effect in a fiscal year, the applicable rate of operations 

23 under subparagraph (A) shall be increased by the percent 

24 increase (if any) in the CPI–U. The increase provided 

25 under this subparagraph shall— 


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1 ‘‘(i) occur on any date during such period that 

2 the Bureau publishes the CPI–U; and 

3 ‘‘(ii) extend beyond the last day of that fiscal 

4 year in the same manner. 

5 ‘‘(C) If this section is in effect at the end of a fiscal 

6 year, funding levels shall continue as provided in this sec7 tion for the next fiscal year. 

8 ‘‘(D) During any period in which this section is in 

9 effect, any sequestration order with respect to discre10 tionary spending under section 254 of the Balanced Budg11 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

12 904) shall have no force or effect. 

13 ‘‘(3) Appropriations and funds made available, and 

14 authority granted, for any fiscal year pursuant to this sec15 tion for a program, project, or activity shall be available 

16 for the period beginning with the first day of a lapse in 

17 appropriations and ending with the date on which the ap18 plicable regular appropriation bill for such fiscal year be19 comes law (whether or not such law provides for such pro20 gram, project, or activity) or a continuing resolution mak21 ing appropriations becomes law, as the case may be. 

22 ‘‘(b) An appropriation or funds made available, or au23 thority granted, for a program, project, or activity for any 

24 fiscal year pursuant to this section shall be subject to the 

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1 priation made or funds made available for the preceding 

2 fiscal year, or authority granted for such program, project, 

3 or activity under current law. 

4 ‘‘(c) Expenditures made for a program, project, or 

5 activity for any fiscal year pursuant to this section shall 

6 be charged to the applicable appropriation, fund, or au7 thorization whenever a regular appropriation bill or a joint 

8 resolution making continuing appropriations until the end 

9 of a fiscal year providing for such program, project, or 

10 activity for such period becomes law. 

11 ‘‘(d) This section shall not apply to a program, 

12 project, or activity during a fiscal year if any other provi13 sion of law (other than an authorization of appropria14 tions)— 

15 ‘‘(1) makes an appropriation, makes funds 

16 available, or grants authority for such program, 

17 project, or activity to continue for such period; or 

18 ‘‘(2) specifically provides that no appropriation 

19 shall be made, no funds shall be made available, or 

20 no authority shall be granted for such program, 

21 project, or activity to continue for such period.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 of chapter 13 of title 31, United States Code, is amended 

24 by inserting after the item relating to section 1310 the 

25 following new item: 

‘‘1311. Continuing appropriations.’’. 


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1 SEC. 3. PROHIBITING PAYING THE PRESIDENT OR MEM2 BERS OF CONGRESS WHILE AUTOMATIC CON3 TINUING APPROPRIATIONS ARE IN EFFECT. 

4 (a) RULE FOR ONE HUNDRED SIXTEENTH CON5 GRESS.— 

6 (1) HOLDING SALARIES IN ESCROW.—If a pay 

7 period occurs during the One Hundred Sixteenth 

8 Congress during the period described in paragraph 

9 (2), the payroll administrator of each House of Con10 gress shall— 

11 (A) deposit in an escrow account and ex12 clude from the payments otherwise required to 

13 be made with respect to that pay period for the 

14 compensation of each Member of Congress who 

15 serves in that House of Congress an amount 

16 equal to the product of— 

17 (i) the daily rate of pay of the Mem18 ber under section 601(a) of the Legislative 

19 Reorganization Act of 1946 (2 U.S.C. 

20 4501); and 

21 (ii) the number of 24-hour periods 

22 during the pay period; and 

23 (B) release amounts deposited in an es24 crow account under subparagraph (A) to such 

25 Member of Congress only upon the expiration of 

26 the period described in paragraph (2). 


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1 (2) PERIOD DESCRIBED.—The period described 

2 in this paragraph is the period that— 

3 (A) begins on the day on which appropria4 tions and funds are made available pursuant to 

5 section 1311 of title 31, United States Code (as 

6 added by section 3(a)); and 

7 (B) ends on the earlier of— 

8 (i) the date on which appropriations 

9 and funds are no longer made available 

10 pursuant to section 1311 of such title; or 

11 (ii) the last day of the One Hundred 

12 Sixteenth Congress. 

13 (3) WITHHOLDING AND REMITTANCE OF

14 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 

15 payroll administrator of each House of Congress 

16 shall provide for the same withholding and remit17 tance with respect to a payment deposited in an es18 crow account under paragraph (1) that would apply 

19 to the payment if the payment were not subject to 

20 paragraph (1). 

21 (4) RELEASE OF AMOUNTS AT END OF THE

22 CONGRESS.—In order to ensure that this subsection 

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

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1 stitution of the United States, the payroll adminis2 trator of a House of Congress shall release for pay3 ment to Members of that House of Congress any 

4 amounts remaining in any escrow account under this 

5 section on the last day of the One Hundred Six6 teenth Congress. 

7 (b) SUBSEQUENT CONGRESSES.— 

8 (1) REDUCTION IN SALARIES.—If a pay period 

9 occurs during the One Hundred Seventeenth Con10 gress or any succeeding Congress during the period 

11 described in paragraph (2), the payroll administrator 

12 of each House of Congress shall exclude from the 

13 payments otherwise required to be made with re14 spect to that pay period for the compensation of 

15 each Member of Congress who serves in that House 

16 of Congress an amount equal to the product of— 

17 (A) the daily rate of pay of the Member 

18 under section 601(a) of the Legislative Reorga19 nization Act of 1946 (2 U.S.C. 4501); and 

20 (B) the number of 24-hour periods during 

21 the pay period. 

22 (2) PERIOD DESCRIBED.—The period described 

23 in this paragraph is the period that— 

24 (A) begins on the day on which appropria25 tions and funds are made available pursuant to 


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1 section 1311 of title 31, United States Code (as 

2 added by section 3(a)); and 

3 (B) ends on the date on which appropria4 tions and funds are no longer made available 

5 pursuant to section 1311 of such title. 

6 (c) PRESIDENT’S SALARY.—The salary of the Presi7 dent shall be withheld, deposited in escrow, and released 

8 in the same manner as prescribed under subsections (a) 

9 and (b) for a Member of Congress. 

10 (d) ROLE OF SECRETARY OF THE TREASURY.—The 

11 Secretary of the Treasury shall provide the payroll admin12 istrator of each House of Congress with such assistance 

13 as may be necessary to enable the payroll administrator 

14 to carry out this section. 

15 (e) DEFINITION.—In this section, the following defi16 nitions apply: 

17 (1) The term ‘‘Member of Congress’’ means a 

18 Senator or a Representative in, or Delegate or Resi19 dent Commissioner to, the Congress. 

20 (2) The term ‘‘payroll administrator’’, with re21 spect to a House of Congress, means— 

22 (A) in the case of the House of Represent23 atives, the Chief Administrative Officer of the 

24 House of Representatives, or an employee of 

25 the Office of the Chief Administrative Officer 


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1 who is designated by the Chief Administrative 

2 Officer to carry out this section; and 

3 (B) in the case of the Senate, the Sec4 retary of the Senate, or an employee of the Of5 fice of the Secretary of the Senate who is des6 ignated by the Secretary to carry out this sec7 tion. 

Æ 


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