No Work, No Pay Act of 2019

II 116TH CONGRESS 1ST SESSION S. 74 To prohibit paying Members of Congress during periods during which a Government shutdown is in effect, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 10, 2019 Mr. DAINES (for himself and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit paying Members of Congress during periods dur- ing which a Government shutdown is in effect, 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. 3 This Act may be cited as the ‘‘No Work, No Pay Act 4 of 2019’’. 5 SEC. 2. PROHIBITING PAYING MEMBERS OF CONGRESS 6 DURING GOVERNMENT SHUTDOWNS. 7 (a) RULE FOR ONE HUNDRED SIXTEENTH CON- 8 GRESS.— 9 VerDate Sep 11 2014 01:49 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S74.IS S74 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 74 IS (1) HOLDING SALARIES IN ESCROW.—If on any 1 day during a pay period occurring during the One 2 Hundred Sixteenth Congress a Government shut- 3 down is in effect, the payroll administrator of each 4 House of Congress shall— 5 (A) deposit in an escrow account and ex- 6 clude from the payments otherwise required to 7 be made with respect to that pay period for the 8 compensation of each Member of Congress who 9 serves in that House of Congress an amount 10 equal to the product of— 11 (i) the daily rate of pay of the Mem- 12 ber under section 601(a) of the Legislative 13 Reorganization Act of 1946 (2 U.S.C. 14 4501); and 15 (ii) the number of 24-hour periods 16 during the pay period during which the 17 Government shutdown is in effect; and 18 (B) release amounts deposited in an es- 19 crow account under subparagraph (A) to such 20 Member of Congress only upon the expiration of 21 the period described in paragraph (2). 22 (2) PERIOD DESCRIBED.—The period described 23 in this paragraph is the period that— 24 VerDate Sep 11 2014 01:49 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S74.IS S74 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 74 IS (A) begins on the first day on which the 1 applicable Government shutdown is in effect; 2 and 3 (B) ends on the earlier of— 4 (i) the date on which the applicable 5 Government shutdown is no longer in ef- 6 fect; or 7 (ii) the last day of the One Hundred 8 Sixteenth Congress. 9 (3) WITHHOLDING AND REMITTANCE OF 10 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 11 payroll administrator of each House of Congress 12 shall provide for the same withholding and remit- 13 tance with respect to a payment deposited in an es- 14 crow account under paragraph (1) that would apply 15 to the payment if the payment were not subject to 16 paragraph (1). 17 (4) RELEASE OF AMOUNTS AT END OF THE 18 CONGRESS.—In order to ensure that this subsection 19 is carried out in a manner that shall not vary the 20 compensation of Senators or Representatives in vio- 21 lation of the twenty-seventh amendment to the Con- 22 stitution of the United States, the payroll adminis- 23 trator of a House of Congress shall release for pay- 24 ment to Members of that House of Congress any 25 VerDate Sep 11 2014 01:49 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S74.IS S74 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 74 IS amounts remaining in any escrow account under this 1 section on the last day of the One Hundred Six- 2 teenth Congress. 3 (b) SUBSEQUENT CONGRESSES.—On and after the 4 first day of the One Hundred Seventeenth Congress, if 5 on any day during a pay period a Government shutdown 6 is in effect, the payroll administrator of each House of 7 Congress shall exclude from the payments otherwise re- 8 quired to be made with respect to that pay period for the 9 compensation of each Member of Congress who serves in 10 that House of Congress an amount equal to the product 11 of— 12 (1) the daily rate of pay of the Member under 13 section 601(a) of the Legislative Reorganization Act 14 of 1946 (2 U.S.C. 4501); and 15 (2) the number of 24-hour periods during the 16 pay period during which the Government shutdown 17 is in effect. 18 (c) ROLE OF SECRETARY OF THE TREASURY.—The 19 Secretary of the Treasury shall provide the payroll admin- 20 istrator of each House of Congress with such assistance 21 as may be necessary to enable the payroll administrator 22 to carry out this Act. 23 SEC. 3. DEFINITIONS. 24 In this Act— 25 VerDate Sep 11 2014 01:49 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S74.IS S74 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 74 IS (1) the term ‘‘Government shutdown’’ means a 1 lapse in appropriations for 1 or more Federal agen- 2 cies or departments as a result of a failure to enact 3 a regular appropriations bill or continuing resolu- 4 tion; 5 (2) the term ‘‘Member of Congress’’ means an 6 individual serving in a position covered under sub- 7 paragraph (A), (B), or (C) of section 601(a)(1) of 8 the Legislative Reorganization Act of 1946 (2 9 U.S.C. 4501(1)); and 10 (3) the term ‘‘payroll administrator’’, with re- 11 spect to a House of Congress, means— 12 (A) in the case of the House of Represent- 13 atives, the Chief Administrative Officer of the 14 House of Representatives, or an employee of 15 the Office of the Chief Administrative Officer 16 who is designated by the Chief Administrative 17 Officer to carry out this Act; and 18 (B) in the case of the Senate, the Sec- 19 retary of the Senate, or an employee of the Of- 20 fice of the Secretary of the Senate who is des- 21 ignated by the Secretary to carry out this Act. 22 Æ VerDate Sep 11 2014 01:49 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S74.IS S74 pamtmann on DSKBFK8HB2PROD with BILLS