Balanced Budget Accountability Act

II 117TH CONGRESS 1ST SESSION S. 48 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 26, 2021 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 Con- gress for the failure to adopt a concurrent resolution on the budget which does not provide for a balanced budget, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Balanced Budget Accountability Act’’. 5 (b) FINDINGS.—Congress finds the following: 6 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 2 •S 48 IS (1) The Federal debt exceeds 1 $27,000,000,000,000, continues to grow rapidly, and 2 is larger than the size of the United States economy. 3 (2) The Federal budget has shown an annual 4 deficit in 51 of the last 56 years. 5 (3) Deficits and the Federal debt threaten to 6 shatter confidence in the Nation’s economy, suppress 7 job creation and economic growth, and leave future 8 generations of Americans with a lower standard of 9 living and fewer opportunities. 10 (4) It is the duty of Members of Congress to 11 develop and implement policies, including balancing 12 the Federal budget, that encourage robust job cre- 13 ation and economic growth in the United States. 14 (5) Members of Congress should be held ac- 15 countable for failing to pass annual budgets that re- 16 sult in a balanced budget. 17 SEC. 2. EFFECT OF FAILURE TO ADOPT RESOLUTION PRO- 18 VIDING FOR BALANCED BUDGETS. 19 (a) DEFINITIONS.—In this section— 20 (1) the term ‘‘balanced budget’’ means a con- 21 current resolution on the budget which provides that 22 for fiscal year 2031, and each fiscal year thereafter 23 to which the concurrent resolution on the budget ap- 24 plies— 25 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 3 •S 48 IS (A) total outlays do not exceed total re- 1 ceipts; and 2 (B) total outlays are not more than 18 3 percent of the projected gross domestic product 4 of the United States (as determined by the Bu- 5 reau of Economic Analysis of the Department 6 of Commerce) for such fiscal year; 7 (2) the term ‘‘Director’’ means the Director of 8 the Office of Management and Budget; and 9 (3) the term ‘‘Member’’ includes a Delegate or 10 Resident Commissioner to Congress. 11 (b) DETERMINATION BY THE OFFICE OF MANAGE- 12 MENT AND BUDGET.—Upon adoption by a House of Con- 13 gress of a concurrent resolution on the budget for a fiscal 14 year, the Director shall— 15 (1) determine whether the concurrent resolution 16 on the budget is a balanced budget; and 17 (2) submit to the Speaker of the House of Rep- 18 resentatives or the President pro tempore of the 19 Senate (as the case may be) a certification as to 20 whether or not that House of Congress has adopted 21 a balanced budget. 22 (c) RULE FOR FISCAL YEARS 2022 AND 2023.— 23 (1) FISCAL YEAR 2022.— 24 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 4 •S 48 IS (A) HOLDING SALARIES IN ESCROW.—If 1 the Director does not certify that a House of 2 Congress has adopted a balanced budget with 3 respect to fiscal year 2022 before April 16, 4 2021, during the period described in subpara- 5 graph (B) the payroll administrator of that 6 House of Congress shall deposit in an escrow 7 account all payments otherwise required to be 8 made during such period for the compensation 9 of Members of Congress who serve in that 10 House of Congress, and shall release such pay- 11 ments to such Members only upon the expira- 12 tion of such period. 13 (B) PERIOD DESCRIBED.—With respect to 14 a House of Congress, the period described in 15 this subparagraph is the period that begins on 16 April 16, 2021, and ends on the earlier of— 17 (i) the date on which the Director cer- 18 tifies that the House of Congress has 19 adopted a balanced budget with respect to 20 fiscal year 2022; or 21 (ii) the last day of the One Hundred 22 Seventeenth Congress. 23 (2) FISCAL YEAR 2023.— 24 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 5 •S 48 IS (A) HOLDING SALARIES IN ESCROW.—If 1 the Director does not certify that a House of 2 Congress has adopted a balanced budget with 3 respect to fiscal year 2023 before April 16, 4 2022, during the period described in subpara- 5 graph (B) the payroll administrator of that 6 House of Congress shall deposit in an escrow 7 account all payments otherwise required to be 8 made during such period for the compensation 9 of Members of Congress who serve in that 10 House of Congress, and shall release such pay- 11 ments to such Members only upon the expira- 12 tion of such period. 13 (B) PERIOD DESCRIBED.—With respect to 14 a House of Congress, the period described in 15 this subparagraph is the period that begins on 16 April 16, 2022, and ends on the earlier of— 17 (i) the date on which the Director cer- 18 tifies that the House of Congress has 19 adopted a balanced budget with respect to 20 fiscal year 2023; or 21 (ii) the last day of the One Hundred 22 Seventeenth Congress. 23 (3) WITHHOLDING AND REMITTANCE OF 24 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 25 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 6 •S 48 IS payroll administrator shall provide for the same 1 withholding and remittance with respect to a pay- 2 ment deposited in an escrow account under para- 3 graph (1) or (2) that would apply to the payment if 4 the payment were not subject to paragraph (1) or 5 (2). 6 (4) RELEASE OF AMOUNTS AT END OF THE 7 CONGRESS.—In order to ensure that this subsection 8 is carried out in a manner that shall not vary the 9 compensation of Senators or Representatives in vio- 10 lation of the twenty-seventh amendment to the Con- 11 stitution of the United States, the payroll adminis- 12 trator of a House of Congress shall release for pay- 13 ments to Members of that House of Congress any 14 amounts remaining in any escrow account under this 15 section on the last day of the One Hundred Seven- 16 teenth Congress. 17 (5) ROLE OF SECRETARY OF THE TREASURY.— 18 The Secretary of the Treasury shall provide the pay- 19 roll administrators of the Houses of Congress with 20 such assistance as may be necessary to enable the 21 payroll administrators to carry out this subsection. 22 (6) PAYROLL ADMINISTRATOR DEFINED.—In 23 this subsection, the ‘‘payroll administrator’’ of a 24 House of Congress means— 25 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 7 •S 48 IS (A) in the case of the House of Represent- 1 atives, the Chief Administrative Officer of the 2 House of Representatives, or an employee of 3 the Office of the Chief Administrative Officer 4 who is designated by the Chief Administrative 5 Officer to carry out this section; and 6 (B) in the case of the Senate, the Sec- 7 retary of the Senate, or an employee of the Of- 8 fice of the Secretary of the Senate who is des- 9 ignated by the Secretary to carry out this sec- 10 tion. 11 (d) RULE FOR FISCAL YEAR 2024 AND SUBSEQUENT 12 FISCAL YEARS.—If the Director does not certify that a 13 House of Congress has adopted a balanced budget with 14 respect to fiscal year 2024, or any fiscal year thereafter, 15 before April 16 of the fiscal year before such fiscal year, 16 during pay periods which occur in the same calendar year 17 after that date each Member of that House shall be paid 18 at an annual rate of pay equal to $1. 19 SEC. 3. SUPERMAJORITY REQUIREMENT FOR INCREASING 20 REVENUE. 21 (a) IN GENERAL.—In the Senate and the House of 22 Representatives, a bill, joint resolution, amendment, con- 23 ference report, or amendment between the Houses that in- 24 creases revenue shall only be agreed to upon an affirma- 25 VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS 8 •S 48 IS tive vote of three-fifths of the Members of that House of 1 Congress duly chosen and sworn. 2 (b) RULES OF SENATE AND THE HOUSE OF REP- 3 RESENTATIVES.—Subsection (a) is enacted by Congress— 4 (1) as an exercise of the rulemaking power of 5 the Senate and House of Representatives, respec- 6 tively, and as such it is deemed a part of the rules 7 of each House, respectively, but applicable only with 8 respect to the procedure to be followed in that 9 House in the case of a bill, joint resolution, amend- 10 ment, conference report, or amendment between the 11 Houses that increases revenue, and it supersedes 12 other rules only to the extent that it is inconsistent 13 with such rules; and 14 (2) with full recognition of the constitutional 15 right of either House to change the rules (so far as 16 relating to the procedure of that House) at any time, 17 in the same manner, and to the same extent as in 18 the case of any other rule of that House. 19 Æ VerDate Sep 11 2014 04:12 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S48.IS S48 kjohnson on DSK79L0C42PROD with BILLS