[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3538 Introduced in House (IH)]

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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 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 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Pay for Congress During Default 
or Shutdown Act''.

SEC. 2. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF PUBLIC 
              DEBT LIMIT IS REACHED.

    (a) Reduction of Pay for Each Day of Government Shutdown.--
            (1) In general.--If on any day during a year the public 
        debt limit is reached, the annual rate of pay applicable under 
        section 601(a) of the Legislative Reorganization Act of 1946 (2 
        U.S.C. 4501) with respect to each Member of Congress for the 
        year shall be reduced by an amount equal to the product of--
                    (A) an amount equal to one day's worth of pay under 
                such annual rate; and
                    (B) the number of 24-hour periods during which the 
                public debt limit is reached.
            (2) Effective date.--This subsection shall apply with 
        respect to days occurring after the date of the regularly 
        scheduled general election for Federal office held in November 
        2024.
    (b) Special Rule for One Hundred Eighteenth Congress.--
            (1) Holding salaries in escrow.--If on any day during the 
        One Hundred Eighteenth Congress the public debt limit is 
        reached, the payroll administrator of that House of Congress 
        shall--
                    (A) withhold from the payments otherwise required 
                to be made with respect to a 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) an amount equal to one day's worth of 
                        pay under the annual rate of pay applicable to 
                        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 
                        which the public debt limit is reached which 
                        occur during the pay period; and
                    (B) deposit in an escrow account all amounts 
                withheld under subparagraph (A).
            (2) 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 Members of Congress in 
        violation of the twenty-seventh article of amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payments to Members of 
        that House of Congress any amounts remaining in any escrow 
        account under this subsection on the last day of the One 
        Hundred Eighteenth Congress.
            (3) Exception for days occurring after general election.--
        This subsection does not apply with respect to any day during 
        the One Hundred Eighteenth Congress which occurs after the date 
        of the regularly scheduled general election for Federal office 
        held in November 2024.
    (c) Determination of Reaching of Public Debt Limit.--For purposes 
of this section, the public debt limit shall be considered to be 
reached if the Federal Government is unable to make payments or meet 
obligations because the public debt limit under section 3101 of title 
31, United States Code, has been reached.

SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT 
              SHUTDOWN OCCURS.

    (a) Reduction of Pay for Each Day of Government Shutdown.--
            (1) In general.--If on any day during a year a Government 
        shutdown is in effect, the annual rate of pay applicable under 
        section 601(a) of the Legislative Reorganization Act of 1946 (2 
        U.S.C. 4501) with respect to each Member of Congress for the 
        year shall be reduced by an amount equal to the product of--
                    (A) an amount equal to one day's worth of pay under 
                such annual rate; and
                    (B) the number of 24-hour periods during which the 
                Government shutdown is in effect.
            (2) Effective date.--This subsection shall apply with 
        respect to days occurring after the date of the regularly 
        scheduled general election for Federal office held in November 
        2024.
    (b) Special Rule for One Hundred Eighteenth Congress.--
            (1) Holding salaries in escrow.--If on any day during the 
        One Hundred Eighteenth Congress a Government shutdown is in 
        effect, the payroll administrator of that House of Congress 
        shall--
                    (A) withhold from the payments otherwise required 
                to be made with respect to a 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) an amount equal to one day's worth of 
                        pay under the annual rate of pay applicable to 
                        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 
                        which the Government shutdown is in effect 
                        which occur during the pay period; and
                    (B) deposit in an escrow account all amounts 
                withheld under subparagraph (A).
            (2) 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 article of amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payments to Members of 
        that House of Congress any amounts remaining in any escrow 
        account under this subsection on the last day of the One 
        Hundred Eighteenth Congress.
            (3) Exception for days occurring after general election.--
        This subsection does not apply with respect to any day during 
        the One Hundred Eighteenth Congress which occurs after the date 
        of the regularly scheduled general election for Federal office 
        held in November 2024.
    (c) Determination of Government Shutdown.--For purposes of this 
section, a Government shutdown shall be considered to be in effect if 
there is a lapse in appropriations for any Federal agency or department 
as a result of a failure to enact a regular appropriations bill or 
continuing resolution.

SEC. 4. ROLE OF SECRETARY OF THE TREASURY.

    The Secretary of the Treasury shall provide the payroll 
administrators of the Houses of Congress with such assistance as may be 
necessary to enable the payroll administrators to carry out this Act.

SEC. 5. DEFINITIONS.

    (a) Member of Congress.--In this Act, the term ``Member of 
Congress'' means an individual serving in a position under subparagraph 
(A), (B), or (C) of section 601(a) of the Legislative Reorganization 
Act of 1946 (2 U.S.C. 4501).
    (b) Payroll Administrator.--In this Act, the ``payroll 
administrator'' of a House of Congress means--
            (1) 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 Act; and
            (2) 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 Act.
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