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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 74 Introduced in Senate (IS)]

<DOC>

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.

    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 2019''.

SEC. 2. PROHIBITING PAYING MEMBERS OF CONGRESS DURING GOVERNMENT 
              SHUTDOWNS.

    (a) Rule for One Hundred Sixteenth Congress.--
            (1) Holding salaries in escrow.--If on any day during a pay 
        period occurring during the One Hundred Sixteenth Congress a 
        Government shutdown is in effect, the payroll administrator of 
        each House of Congress shall--
                    (A) deposit in an escrow account and 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--
                            (i) the daily rate of pay of 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 
                        the pay period during which the Government 
                        shutdown is in effect; and
                    (B) release amounts deposited in an escrow account 
                under subparagraph (A) to such Member of Congress only 
                upon the expiration of the period described in 
                paragraph (2).
            (2) Period described.--The period described in this 
        paragraph is the period that--
                    (A) begins on the first day on which the applicable 
                Government shutdown is in effect; and
                    (B) ends on the earlier of--
                            (i) the date on which the applicable 
                        Government shutdown is no longer in effect; or
                            (ii) the last day of the One Hundred 
                        Sixteenth Congress.
            (3) Withholding and remittance of amounts from payments 
        held in escrow.--The payroll administrator of each House of 
        Congress shall provide for the same withholding and remittance 
        with respect to a payment deposited in an escrow account under 
        paragraph (1) that would apply to the payment if the payment 
        were not subject to paragraph (1).
            (4) 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 amendment to the 
        Constitution of the United States, the payroll administrator of 
        a House of Congress shall release for payment to Members of 
        that House of Congress any amounts remaining in any escrow 
        account under this section on the last day of the One Hundred 
        Sixteenth Congress.
    (b) Subsequent Congresses.--On and after the first day of the One 
Hundred Seventeenth Congress, 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--
            (1) the daily rate of pay of the Member under section 
        601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 
        4501); and
            (2) the number of 24-hour periods during the pay period 
        during which the Government shutdown is in effect.
    (c) Role of Secretary of the Treasury.--The Secretary of the 
Treasury shall provide the payroll administrator of each House of 
Congress with such assistance as may be necessary to enable the payroll 
administrator to carry out this Act.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Government shutdown'' means a lapse in 
        appropriations for 1 or more Federal agencies or departments as 
        a result of a failure to enact a regular appropriations bill or 
        continuing resolution;
            (2) the term ``Member of Congress'' means an individual 
        serving in a position covered 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 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
                    (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 Act.
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