What This Bill Does
This bill would reduce or withhold pay for Members of Congress if they fail to pass a budget that does not balance the federal government's spending with its income. Starting in 2033, Congress must pass budgets where total spending does not exceed total income and total spending stays at or below 18 percent of the nation's economic output.
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Who It Affects
Members of Congress (including Senators, Representatives, Delegates and Resident Commissioners). The Office of Management and Budget director, the House and Senate payroll administrators, and the Secretary of the Treasury would also be involved in implementing the bill.
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Key Provisions
• If Congress does not pass a balanced budget for fiscal year 2024 before April 16, 2023, Member salaries will be held in a special account (escrow account) and only released if a balanced budget is passed or when Congress ends, whichever comes first (Sec. 2(c)(1))
• If Congress does not pass a balanced budget for fiscal year 2025 before April 16, 2024, the same salary withholding process applies (Sec. 2(c)(2))
• Starting with fiscal year 2026 and beyond, if Congress fails to pass a balanced budget by the April 16 deadline, all Members would be paid only $1 per year until a balanced budget is certified (Sec. 2(d))
• Any bill that increases government income (revenue) requires approval from three-fifths of Members in that chamber to pass (Sec. 3)
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What Changes
If this becomes law, Congress faces financial consequences if it does not pass balanced budgets. For fiscal years 2024 and 2025, Member pay gets temporarily held. For 2026 onward, Members receive only $1 annually until a balanced budget is adopted. Additionally, bills that raise government income require a higher vote threshold to pass.
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Important Definitions
A "balanced budget" means a budget where total spending does not exceed total income AND total spending is not more than 18 percent of the nation's projected economic output for that year (Sec. 2(a)(1)).
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II
118TH CONGRESS
1ST SESSION
S. 6
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 23 (legislative day, JANUARY 3), 2023
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
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•S 6 IS
(1)
The
Federal
debt
exceeds
1
$31,000,000,000,000, 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 53 of the last 58 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 2033, and each fiscal year thereafter
23
to which the concurrent resolution on the budget ap-
24
plies—
25
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•S 6 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 2024 AND 2025.—
23
(1) FISCAL YEAR 2024.—
24
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(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 2024 before April 16,
4
2023, 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, 2023, 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 2024; or
21
(ii) the last day of the One Hundred
22
Eighteenth Congress.
23
(2) FISCAL YEAR 2025.—
24
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•S 6 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 2025 before April 16,
4
2024, 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, 2024, 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 2025; or
21
(ii) the last day of the One Hundred
22
Eighteenth Congress.
23
(3)
WITHHOLDING
AND
REMITTANCE
OF
24
AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The
25
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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 Eight-
16
eenth 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
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•S 6 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 2026 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 2026, 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
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•S 6 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
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