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 during which a Government shutdown is in effect, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Work, No Pay Act 

5 of 2019’’. 

6 SEC. 2. PROHIBITING PAYING MEMBERS OF CONGRESS 

7 DURING GOVERNMENT SHUTDOWNS. 

8 (a) RULE FOR ONE HUNDRED SIXTEENTH CON9 GRESS.— 


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1 (1) HOLDING SALARIES IN ESCROW.—If on any 

2 day during a pay period occurring during the One 

3 Hundred Sixteenth Congress a Government shut4 down is in effect, the payroll administrator of each 

5 House of Congress shall— 

6 (A) deposit in an escrow account and ex7 clude from the payments otherwise required to 

8 be made with respect to that pay period for the 

9 compensation of each Member of Congress who 

10 serves in that House of Congress an amount 

11 equal to the product of— 

12 (i) the daily rate of pay of the Mem13 ber under section 601(a) of the Legislative 

14 Reorganization Act of 1946 (2 U.S.C. 

15 4501); and 

16 (ii) the number of 24-hour periods 

17 during the pay period during which the 

18 Government shutdown is in effect; and 

19 (B) release amounts deposited in an es20 crow account under subparagraph (A) to such 

21 Member of Congress only upon the expiration of 

22 the period described in paragraph (2). 

23 (2) PERIOD DESCRIBED.—The period described 

24 in this paragraph is the period that— 


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1 (A) begins on the first day on which the 

2 applicable Government shutdown is in effect; 

3 and 

4 (B) ends on the earlier of— 

5 (i) the date on which the applicable 

6 Government shutdown is no longer in ef7 fect; or 

8 (ii) the last day of the One Hundred 

9 Sixteenth Congress. 

10 (3) WITHHOLDING AND REMITTANCE OF

11 AMOUNTS FROM PAYMENTS HELD IN ESCROW.—The 

12 payroll administrator of each House of Congress 

13 shall provide for the same withholding and remit14 tance with respect to a payment deposited in an es15 crow account under paragraph (1) that would apply 

16 to the payment if the payment were not subject to 

17 paragraph (1). 

18 (4) RELEASE OF AMOUNTS AT END OF THE

19 CONGRESS.—In order to ensure that this subsection 

20 is carried out in a manner that shall not vary the 

21 compensation of Senators or Representatives in vio22 lation of the twenty-seventh amendment to the Con23 stitution of the United States, the payroll adminis24 trator of a House of Congress shall release for pay25 ment to Members of that House of Congress any 


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1 amounts remaining in any escrow account under this 

2 section on the last day of the One Hundred Six3 teenth Congress. 

4 (b) SUBSEQUENT CONGRESSES.—On and after the 

5 first day of the One Hundred Seventeenth Congress, if 

6 on any day during a pay period a Government shutdown 

7 is in effect, the payroll administrator of each House of 

8 Congress shall exclude from the payments otherwise re9 quired to be made with respect to that pay period for the 

10 compensation of each Member of Congress who serves in 

11 that House of Congress an amount equal to the product 

12 of— 

13 (1) the daily rate of pay of the Member under 

14 section 601(a) of the Legislative Reorganization Act 

15 of 1946 (2 U.S.C. 4501); and 

16 (2) the number of 24-hour periods during the 

17 pay period during which the Government shutdown 

18 is in effect. 

19 (c) ROLE OF SECRETARY OF THE TREASURY.—The 

20 Secretary of the Treasury shall provide the payroll admin21 istrator of each House of Congress with such assistance 

22 as may be necessary to enable the payroll administrator 

23 to carry out this Act. 

24 SEC. 3. DEFINITIONS. 

25 In this Act— 


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1 (1) the term ‘‘Government shutdown’’ means a 

2 lapse in appropriations for 1 or more Federal agen3 cies or departments as a result of a failure to enact 

4 a regular appropriations bill or continuing resolu5 tion; 

6 (2) the term ‘‘Member of Congress’’ means an 

7 individual serving in a position covered under sub8 paragraph (A), (B), or (C) of section 601(a)(1) of 

9 the Legislative Reorganization Act of 1946 (2 

10 U.S.C. 4501(1)); and 

11 (3) the term ‘‘payroll administrator’’, with re12 spect to a House of Congress, means— 

13 (A) in the case of the House of Represent14 atives, the Chief Administrative Officer of the 

15 House of Representatives, or an employee of 

16 the Office of the Chief Administrative Officer 

17 who is designated by the Chief Administrative 

18 Officer to carry out this Act; and 

19 (B) in the case of the Senate, the Sec20 retary of the Senate, or an employee of the Of21 fice of the Secretary of the Senate who is des22 ignated by the Secretary to carry out this Act. 

Æ 


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