[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5805 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5805

To amend the Federal Election Campaign Act of 1971 to prohibit Members 
 of Congress from making direct and personal solicitations of campaign 
funds or making campaign expenditures during a Government shutdown, to 
 reduce the pay of Members of Congress if a Government shutdown takes 
                    effect, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

    Mr. Miller of Ohio (for himself and Mr. Collins) 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 amend the Federal Election Campaign Act of 1971 to prohibit Members 
 of Congress from making direct and personal solicitations of campaign 
funds or making campaign expenditures during a Government shutdown, to 
 reduce the pay of Members of Congress if a Government shutdown takes 
                    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 ``No Work, No Pay Act of 2023''.

SEC. 2. PROHIBITING MEMBERS OF CONGRESS FROM ENGAGING IN CERTAIN 
              CAMPAIGN ACTIVITIES DURING GOVERNMENT SHUTDOWN.

    Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101 et seq.) is amended by adding at the end the following new 
section:

``SEC. 325. PROHIBITING MEMBERS OF CONGRESS FROM ENGAGING IN CERTAIN 
              CAMPAIGN ACTIVITIES DURING GOVERNMENT SHUTDOWN.

    ``(a) Direct and Personal Solicitation of Contributions.--An 
individual holding the office of Senator or Representative in, or 
Delegate or Resident Commissioner to, the Congress may not make a 
direct and personal solicitation of funds in connection with an 
election for Federal office at any time during which a Government 
shutdown is in effect.
    ``(b) Expenditures by Authorized Committees.--An authorized 
committee of a candidate who is an individual holding the office of 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress may not make an expenditure in connection with an election 
for Federal office at any time during which a Government shutdown is in 
effect.
    ``(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. 3. REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT SHUTDOWN 
              OCCURS.

    (a) Reduction of Pay for Each Day of Government Shutdown.--
            (1) Reduction.--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 paragraph (1).
            (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) 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 subsection.
            (4) Payroll administrator defined.--In this subsection, the 
        ``payroll administrator'' of 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 
                subsection; 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 subsection.
            (5) 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.

SEC. 4. PROHIBITING MEMBER OFFICIAL TRAVEL DURING SHUTDOWN.

    (a) Prohibition.--Except as provided in subsection (b), no 
appropriated funds, including official funds of the House of 
Representatives, official funds of the Senate, or funds available under 
any Federal law, rule, or regulation, may be used to pay for the costs 
of travel by a Member of Congress during any period in which a 
Government shutdown is in effect.
    (b) Exception for Travel by Member to Washington Metropolitan 
Area.--Subsection (a) does not apply with respect to travel by a Member 
of Congress to the Washington Metropolitan Area.
    (c) Washington Metropolitan Area Defined.--In this section, the 
term ``Washington Metropolitan Area'' means the District of Columbia, 
the Counties of Montgomery and Prince Georges in Maryland, and the 
Counties of Arlington, Fairfax, Loudon, and Prince William and the 
Cities of Alexandria and Falls Church in Virginia.

SEC. 5. DETERMINATION OF GOVERNMENT SHUTDOWN.

    For purposes of this Act, 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. 6. MEMBER OF CONGRESS DEFINED.

    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).
                                 <all>