[Congressional Record Volume 171, Number 190 (Monday, November 10, 2025)]
[Senate]
[Page S8182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3940. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 3937 proposed by Ms. Collins to the bill H.R. 5371, 
making continuing appropriations and extensions for fiscal year 2026, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:


       no pay for members of congress during government shutdowns

       Sec. ___.  (a) Definitions.--In this section--
       (1) the term ``Government shutdown'' means a lapse in 
     appropriations for 1 or more Federal agencies or departments;
       (2) the term ``Member of Congress'' means an individual 
     serving in a position under subparagraph (A), (B), or (C) of 
     section 601(a)(1) of the Legislative Reorganization Act of 
     1946 (2 U.S.C. 4501(1)); and
       (3) the term ``payroll administrator'', with respect to a 
     House of Congress, means--
       (A) 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 the 
     requirements of this section; and
       (B) 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 the requirements of this section.
       (b) Requiring Reduction of Pay of Members of Congress if 
     Government Shutdown Occurs.--
       (1) In general.--If on any day during a pay period a 
     Government shutdown is in effect, the payroll administrator 
     of each House of Congress shall exclude from the payments 
     otherwise required to be made with respect to that pay period 
     for the compensation of each Member of Congress who serves in 
     that House of Congress an amount equal to the product of--
       (A) an amount equal to one day's worth of pay under the 
     annual rate of pay of the Member under section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and


       (B) the number of 24-hour periods during the pay period 
     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 2026 (in this section referred to as the ``pay 
     reduction effective date'').
       (c) Special Rule for Members of Congress Before General 
     Election.--
       (1) Holding salaries in escrow.--If on any day before the 
     pay reduction effective date a Government shutdown is in 
     effect, the payroll administrator of each 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 27th 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 pay reduction effective 
     date.
       (3) Applicability.--This subsection shall apply with 
     respect to days during the period beginning on the date of 
     enactment of this Act and ending on the pay reduction 
     effective date.
       (d) 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 
     section.
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