No Pay for Congress During Default or Shutdown Act

I 118TH CONGRESS 1ST SESSION H. R. 3538 To reduce the annual rate of pay of Members of Congress if the public debt limit is reached or a Government shutdown occurs during a year, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2023 Ms. SPANBERGER (for herself and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Accountability, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To reduce the annual rate of pay of Members of Congress if the public debt limit is reached or a Government shutdown occurs during a year, 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 Pay for Congress 4 During Default or Shutdown Act’’. 5 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3538 IH SEC. 2. REQUIRING REDUCTION OF PAY OF MEMBERS OF 1 CONGRESS IF PUBLIC DEBT LIMIT IS 2 REACHED. 3 (a) REDUCTION OF PAY FOR EACH DAY OF GOVERN- 4 MENT SHUTDOWN.— 5 (1) IN GENERAL.—If on any day during a year 6 the public debt limit is reached, the annual rate of 7 pay applicable under section 601(a) of the Legisla- 8 tive Reorganization Act of 1946 (2 U.S.C. 4501) 9 with respect to each Member of Congress for the 10 year shall be reduced by an amount equal to the 11 product of— 12 (A) an amount equal to one day’s worth of 13 pay under such annual rate; and 14 (B) the number of 24-hour periods during 15 which the public debt limit is reached. 16 (2) EFFECTIVE DATE.—This subsection shall 17 apply with respect to days occurring after the date 18 of the regularly scheduled general election for Fed- 19 eral office held in November 2024. 20 (b) SPECIAL RULE FOR ONE HUNDRED EIGHT- 21 EENTH CONGRESS.— 22 (1) HOLDING SALARIES IN ESCROW.—If on any 23 day during the One Hundred Eighteenth Congress 24 the public debt limit is reached, the payroll adminis- 25 trator of that House of Congress shall— 26 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3538 IH (A) withhold from the payments otherwise 1 required to be made with respect to a pay pe- 2 riod for the compensation of each Member of 3 Congress who serves in that House of Congress 4 an amount equal to the product of— 5 (i) an amount equal to one day’s 6 worth of pay under the annual rate of pay 7 applicable to the Member under section 8 601(a) of the Legislative Reorganization 9 Act of 1946 (2 U.S.C. 4501), and 10 (ii) the number of 24-hour periods 11 during which the public debt limit is 12 reached which occur during the pay period; 13 and 14 (B) deposit in an escrow account all 15 amounts withheld under subparagraph (A). 16 (2) RELEASE OF AMOUNTS AT END OF THE 17 CONGRESS.—In order to ensure that this subsection 18 is carried out in a manner that shall not vary the 19 compensation of Members of Congress in violation of 20 the twenty-seventh article of amendment to the Con- 21 stitution of the United States, the payroll adminis- 22 trator of a House of Congress shall release for pay- 23 ments to Members of that House of Congress any 24 amounts remaining in any escrow account under this 25 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3538 IH subsection on the last day of the One Hundred 1 Eighteenth Congress. 2 (3) EXCEPTION FOR DAYS OCCURRING AFTER 3 GENERAL ELECTION.—This subsection does not 4 apply with respect to any day during the One Hun- 5 dred Eighteenth Congress which occurs after the 6 date of the regularly scheduled general election for 7 Federal office held in November 2024. 8 (c) DETERMINATION OF REACHING OF PUBLIC DEBT 9 LIMIT.—For purposes of this section, the public debt limit 10 shall be considered to be reached if the Federal Govern- 11 ment is unable to make payments or meet obligations be- 12 cause the public debt limit under section 3101 of title 31, 13 United States Code, has been reached. 14 SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF 15 CONGRESS IF GOVERNMENT SHUTDOWN OC- 16 CURS. 17 (a) REDUCTION OF PAY FOR EACH DAY OF GOVERN- 18 MENT SHUTDOWN.— 19 (1) IN GENERAL.—If on any day during a year 20 a Government shutdown is in effect, the annual rate 21 of pay applicable under section 601(a) of the Legis- 22 lative Reorganization Act of 1946 (2 U.S.C. 4501) 23 with respect to each Member of Congress for the 24 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3538 IH year shall be reduced by an amount equal to the 1 product of— 2 (A) an amount equal to one day’s worth of 3 pay under such annual rate; and 4 (B) the number of 24-hour periods during 5 which the Government shutdown is in effect. 6 (2) EFFECTIVE DATE.—This subsection shall 7 apply with respect to days occurring after the date 8 of the regularly scheduled general election for Fed- 9 eral office held in November 2024. 10 (b) SPECIAL RULE FOR ONE HUNDRED EIGHT- 11 EENTH CONGRESS.— 12 (1) HOLDING SALARIES IN ESCROW.—If on any 13 day during the One Hundred Eighteenth Congress a 14 Government shutdown is in effect, the payroll ad- 15 ministrator of that House of Congress shall— 16 (A) withhold from the payments otherwise 17 required to be made with respect to a pay pe- 18 riod for the compensation of each Member of 19 Congress who serves in that House of Congress 20 an amount equal to the product of— 21 (i) an amount equal to one day’s 22 worth of pay under the annual rate of pay 23 applicable to the Member under section 24 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3538 IH 601(a) of the Legislative Reorganization 1 Act of 1946 (2 U.S.C. 4501); and 2 (ii) the number of 24-hour periods 3 during which the Government shutdown is 4 in effect which occur during the pay pe- 5 riod; and 6 (B) deposit in an escrow account all 7 amounts withheld under subparagraph (A). 8 (2) RELEASE OF AMOUNTS AT END OF THE 9 CONGRESS.—In order to ensure that this subsection 10 is carried out in a manner that shall not vary the 11 compensation of Senators or Representatives in vio- 12 lation of the twenty-seventh article of amendment to 13 the Constitution of the United States, the payroll 14 administrator of a House of Congress shall release 15 for payments to Members of that House of Congress 16 any amounts remaining in any escrow account under 17 this subsection on the last day of the One Hundred 18 Eighteenth Congress. 19 (3) EXCEPTION FOR DAYS OCCURRING AFTER 20 GENERAL ELECTION.—This subsection does not 21 apply with respect to any day during the One Hun- 22 dred Eighteenth Congress which occurs after the 23 date of the regularly scheduled general election for 24 Federal office held in November 2024. 25 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3538 IH (c) DETERMINATION OF GOVERNMENT SHUT- 1 DOWN.—For purposes of this section, a Government shut- 2 down shall be considered to be in effect if there is a lapse 3 in appropriations for any Federal agency or department 4 as a result of a failure to enact a regular appropriations 5 bill or continuing resolution. 6 SEC. 4. ROLE OF SECRETARY OF THE TREASURY. 7 The Secretary of the Treasury shall provide the pay- 8 roll administrators of the Houses of Congress with such 9 assistance as may be necessary to enable the payroll ad- 10 ministrators to carry out this Act. 11 SEC. 5. DEFINITIONS. 12 (a) MEMBER OF CONGRESS.—In this Act, the term 13 ‘‘Member of Congress’’ means an individual serving in a 14 position under subparagraph (A), (B), or (C) of section 15 601(a) of the Legislative Reorganization Act of 1946 (2 16 U.S.C. 4501). 17 (b) PAYROLL ADMINISTRATOR.—In this Act, the 18 ‘‘payroll administrator’’ of a House of Congress means— 19 (1) in the case of the House of Representatives, 20 the Chief Administrative Officer of the House of 21 Representatives, or an employee of the Office of the 22 Chief Administrative Officer who is designated by 23 the Chief Administrative Officer to carry out this 24 Act; and 25 VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3538 IH (2) in the case of the Senate, the Secretary of 1 the Senate, or an employee of the Office of the Sec- 2 retary of the Senate who is designated by the Sec- 3 retary to carry out this Act. 4 Æ VerDate Sep 11 2014 05:13 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3538.IH H3538 pbinns on DSKJLVW7X2PROD with $$_JOB