To provide that pay for Members of Congress be reduced following any fiscal year in which there is a Federal deficit.

February 2, 2004

Mr. MILLER introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

To provide that pay for Members of Congress be reduced following any fiscal year in which there is a Federal deficit.

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 `Fiscal Responsibility Act of 2004'.

SEC. 2. DEFINITIONS.

For the purpose of this Act--

(1) a `deficit' shall be considered to exist in a fiscal year if total budget outlays of the Government for such fiscal year exceed total revenues of the Government for such fiscal year (as determined under section 3(d)); and

(2) the term `Member of Congress' or `Member' means an individual serving in a position referred to in section 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)).

SEC. 3. EFFECT OF A DEFICIT.

(a) IN GENERAL- Notwithstanding any other provision of law, if there is a deficit in a fiscal year, then--

(1) any pay adjustment for Members of Congress scheduled to take effect under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) in the succeeding calendar year shall be null and void; and

(2) effective as of the first day of the first pay period beginning in that succeeding calendar year, rates of basic pay for Members of Congress shall be reduced (from the rate in effect as of the day before the start of such succeeding calendar year) by the amount determined under subsection (b), but not below zero.

(b) REDUCTIONS REQUIRED- The reduction required under this subsection is as follows:

(1) If the reduction is to take effect in a calendar year that does not immediately follow another calendar year in which a reduction under this section was made, the reduction amount shall be equal to 5 percent of the rate of basic pay last in effect before such reduction is made.

(2) If the reduction is to take effect in a calendar year that immediately follows another calendar year in which a reduction under this section was made, the reduction amount shall be equal to 10 percent of the rate of basic pay last in effect before the most recent reduction under paragraph (1) was made.

(c) CONDITIONS FOR RESTORATION- If, following one or more years in which Members' pay is reduced under this Act, there occurs a fiscal year in which there is no deficit, then, effective as of the first day of the first pay period in the succeeding calendar year (and until another deficit triggering the preceding provisions of this section occurs)--

(1) rates of basic pay for Members shall be restored to the highest rate that was at any time previously payable for the office involved; and

(2) pay adjustments scheduled to take effect on or after such first day under the provision of law referred to in subsection (a)(1) shall be effective.

(d) DETERMINATIONS- Determinations of whether or not a deficit exists in any fiscal year shall, for purposes of this Act, be made by the Director of the Congressional Budget Office. In making any such determination, the Director shall exclude any budget outlays which (as determined by the Director) directly relate to a military conflict that lasts over 30 days or that is in direct response to a terrorist attack on the United States.

SEC. 4. EFFECTIVE DATE.

This Act shall take effect on the date of the enactment of this Act, except that no determination under section 3(d) shall be made with respect to any fiscal year before fiscal year 2005.

END