[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1172 Introduced in House (IH)]
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensure Washington Funds Government
Responsibly Act''.
SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``SEC. 1311. CONTINUING APPROPRIATIONS.
``(a)(1) If any appropriation measure for a fiscal year is not
enacted before the beginning of such fiscal year or a joint resolution
making continuing appropriations is not in effect, there are
appropriated such sums as may be necessary to continue any program,
project, or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding appropriation Act for such
preceding fiscal year; or
``(B) if the corresponding appropriation bill for such
preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2)(A) Appropriations and funds made available, and authority
granted, for a program, project, or activity for any fiscal year
pursuant to this section shall be at a rate of operations not in excess
of the lower of--
``(i) 100 percent of the rate of operations provided for in
the regular appropriation Act providing for such program,
project, or activity for the preceding fiscal year, increased
by the percent increase (if any) in the Consumer Price Index
for Urban Consumers (CPI-U, published by the Bureau of Labor
Statistics of the Department of Labor) between the 2 months
immediately preceding the date this section begins to be in
effect;
``(ii) in the absence of such an Act, 100 percent of the
rate of operations provided for such program, project, or
activity pursuant to a joint resolution making continuing
appropriations for such preceding fiscal year, increased by the
percent increase (if any) in the CPI-U between the 2 months
immediately preceding the date this section begins to be in
effect; or
``(iii) 100 percent of the annualized rate of operations
provided for in the most recently enacted joint resolution
making continuing appropriations for part of that fiscal year
or any funding levels established under the provisions of this
Act, increased by the percent increase (if any) in the CPI-U
between the 2 months immediately preceding the date this
section begins to be in effect.
``(B) During the period in which this section is in effect in a
fiscal year, the applicable rate of operations under subparagraph (A)
shall be increased by the percent increase (if any) in the CPI-U. The
increase provided under this subparagraph shall--
``(i) occur on any date during such period that the Bureau
publishes the CPI-U; and
``(ii) extend beyond the last day of that fiscal year in
the same manner.
``(C) If this section is in effect at the end of a fiscal year,
funding levels shall continue as provided in this section for the next
fiscal year.
``(D) During any period in which this section is in effect, any
sequestration order with respect to discretionary spending under
section 254 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 904) shall have no force or effect.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a program,
project, or activity shall be available for the period beginning with
the first day of a lapse in appropriations and ending with the date on
which the applicable regular appropriation bill for such fiscal year
becomes law (whether or not such law provides for such program,
project, or activity) or a continuing resolution making appropriations
becomes law, as the case may be.
``(b) An appropriation or funds made available, or authority
granted, for a program, project, or activity for any fiscal year
pursuant to this section shall be subject to the terms and conditions
imposed with respect to the appropriation made or funds made available
for the preceding fiscal year, or authority granted for such program,
project, or activity under current law.
``(c) Expenditures made for a program, project, or activity for any
fiscal year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such program, project, or activity
for such period becomes law.
``(d) This section shall not apply to a program, project, or
activity during a fiscal year if any other provision of law (other than
an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such program, project, or activity to
continue for such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such program, project, or activity to continue
for such period.''.
(b) Clerical Amendment.--The table of sections of chapter 13 of
title 31, United States Code, is amended by inserting after the item
relating to section 1310 the following new item:
``1311. Continuing appropriations.''.
SEC. 3. PROHIBITING PAYING THE PRESIDENT OR MEMBERS OF CONGRESS WHILE
AUTOMATIC CONTINUING APPROPRIATIONS ARE IN EFFECT.
(a) Rule for One Hundred Sixteenth Congress.--
(1) Holding salaries in escrow.--If a pay period occurs
during the One Hundred Sixteenth Congress during the period
described in paragraph (2), the payroll administrator of each
House of Congress shall--
(A) deposit in an escrow account and exclude from
the payments otherwise required to be made with respect
to that pay period for the compensation of each Member
of Congress who serves in that House of Congress an
amount equal to the product of--
(i) the daily rate of pay of the Member
under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501); and
(ii) the number of 24-hour periods during
the pay period; and
(B) release amounts deposited in an escrow account
under subparagraph (A) to such Member of Congress only
upon the expiration of the period described in
paragraph (2).
(2) Period described.--The period described in this
paragraph is the period that--
(A) begins on the day on which appropriations and
funds are made available pursuant to section 1311 of
title 31, United States Code (as added by section
3(a)); and
(B) ends on the earlier of--
(i) the date on which appropriations and
funds are no longer made available pursuant to
section 1311 of such title; or
(ii) the last day of the One Hundred
Sixteenth Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator of each House of
Congress shall provide for the same withholding and remittance
with respect to a payment deposited in an escrow account under
paragraph (1) that would apply to the payment if the payment
were not subject to paragraph (1).
(4) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payment to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Sixteenth Congress.
(b) Subsequent Congresses.--
(1) Reduction in salaries.--If a pay period occurs during
the One Hundred Seventeenth Congress or any succeeding Congress
during the period described in paragraph (2), the payroll
administrator of each House of Congress shall exclude from the
payments otherwise required to be made with respect to that pay
period for the compensation of each Member of Congress who
serves in that House of Congress an amount equal to the product
of--
(A) the daily rate of pay of the Member under
section 601(a) of the Legislative Reorganization Act of
1946 (2 U.S.C. 4501); and
(B) the number of 24-hour periods during the pay
period.
(2) Period described.--The period described in this
paragraph is the period that--
(A) begins on the day on which appropriations and
funds are made available pursuant to section 1311 of
title 31, United States Code (as added by section
3(a)); and
(B) ends on the date on which appropriations and
funds are no longer made available pursuant to section
1311 of such title.
(c) President's Salary.--The salary of the President shall be
withheld, deposited in escrow, and released in the same manner as
prescribed under subsections (a) and (b) for a Member of Congress.
(d) Role of Secretary of the Treasury.--The Secretary of the
Treasury shall provide the payroll administrator of each House of
Congress with such assistance as may be necessary to enable the payroll
administrator to carry out this section.
(e) Definition.--In this section, the following definitions apply:
(1) The term ``Member of Congress'' means a Senator or a
Representative in, or Delegate or Resident Commissioner to, the
Congress.
(2) The term ``payroll administrator'', with respect to a
House of Congress, means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this section;
and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this section.
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