I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 of 2023’’. 

4 SEC. 2. PROHIBITING MEMBERS OF CONGRESS FROM EN5 GAGING IN CERTAIN CAMPAIGN ACTIVITIES 

6 DURING GOVERNMENT SHUTDOWN. 

7 Title III of the Federal Election Campaign Act of 

8 1971 (52 U.S.C. 30101 et seq.) is amended by adding at 

9 the end the following new section: 

10 ‘‘SEC. 325. PROHIBITING MEMBERS OF CONGRESS FROM 

11 ENGAGING IN CERTAIN CAMPAIGN ACTIVI12 TIES DURING GOVERNMENT SHUTDOWN. 

13 ‘‘(a) DIRECT AND PERSONAL SOLICITATION OF CON14 TRIBUTIONS.—An individual holding the office of Senator 

15 or Representative in, or Delegate or Resident Commis16 sioner to, the Congress may not make a direct and per17 sonal solicitation of funds in connection with an election 

18 for Federal office at any time during which a Government 

19 shutdown is in effect. 

20 ‘‘(b) EXPENDITURES BY AUTHORIZED COMMIT21 TEES.—An authorized committee of a candidate who is an 

22 individual holding the office of Senator or Representative 

23 in, or Delegate or Resident Commissioner to, the Congress 

24 may not make an expenditure in connection with an elec25 tion for Federal office at any time during which a Govern26 ment shutdown is in effect. 


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1 ‘‘(c) DETERMINATION OF GOVERNMENT SHUT2 DOWN.—For purposes of this section, a Government shut3 down shall be considered to be in effect if there is a lapse 

4 in appropriations for any Federal agency or department 

5 as a result of a failure to enact a regular appropriations 

6 bill or continuing resolution.’’. 

7 SEC. 3. REDUCTION OF PAY OF MEMBERS OF CONGRESS IF 

8 GOVERNMENT SHUTDOWN OCCURS. 

9 (a) REDUCTION OF PAY FOR EACH DAY OF GOVERN10 MENT SHUTDOWN.— 

11 (1) REDUCTION.—If on any day during a year 

12 a Government shutdown is in effect, the annual rate 

13 of pay applicable under section 601(a) of the Legis14 lative Reorganization Act of 1946 (2 U.S.C. 4501) 

15 with respect to each Member of Congress for the 

16 year shall be reduced by an amount equal to the 

17 product of— 

18 (A) an amount equal to one day’s worth of 

19 pay under such annual rate; and 

20 (B) the number of 24-hour periods during 

21 which the Government shutdown is in effect. 

22 (2) EFFECTIVE DATE.—This subsection shall 

23 apply with respect to days occurring after the date 

24 of the regularly scheduled general election for Fed25 eral office held in November 2024. 


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1 (b) SPECIAL RULE FOR ONE HUNDRED EIGHT2 EENTH CONGRESS.— 

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

4 day during the One Hundred Eighteenth Congress a 

5 Government shutdown is in effect, the payroll ad6 ministrator of that House of Congress shall— 

7 (A) withhold from the payments otherwise 

8 required to be made with respect to a pay pe9 riod for the compensation of each Member of 

10 Congress who serves in that House of Congress 

11 an amount equal to the product of— 

12 (i) an amount equal to one day’s 

13 worth of pay under the annual rate of pay 

14 applicable to the Member under section 

15 601(a) of the Legislative Reorganization 

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

17 (ii) the number of 24-hour periods 

18 during which the Government shutdown is 

19 in effect which occur during the pay pe20 riod; and 

21 (B) deposit in an escrow account all 

22 amounts withheld under paragraph (1). 

23 (2) RELEASE OF AMOUNTS AT END OF THE

24 CONGRESS.—In order to ensure that this subsection 

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


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1 compensation of Senators or Representatives in vio2 lation of the twenty-seventh article of amendment to 

3 the Constitution of the United States, the payroll 

4 administrator of a House of Congress shall release 

5 for payments to Members of that House of Congress 

6 any amounts remaining in any escrow account under 

7 this subsection on the last day of the One Hundred 

8 Eighteenth Congress. 

9 (3) ROLE OF SECRETARY OF THE TREASURY.— 

10 The Secretary of the Treasury shall provide the pay11 roll administrators of the Houses of Congress with 

12 such assistance as may be necessary to enable the 

13 payroll administrators to carry out this subsection. 

14 (4) PAYROLL ADMINISTRATOR DEFINED.—In 

15 this subsection, the ‘‘payroll administrator’’ of a 

16 House of Congress means— 

17 (A) in the case of the House of Represent18 atives, the Chief Administrative Officer of the 

19 House of Representatives, or an employee of 

20 the Office of the Chief Administrative Officer 

21 who is designated by the Chief Administrative 

22 Officer to carry out this subsection; and 

23 (B) in the case of the Senate, the Sec24 retary of the Senate, or an employee of the Of25 fice of the Secretary of the Senate who is desVerDate Sep 11 2014 04:17 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5805.IH H5805

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1 ignated by the Secretary to carry out this sub2 section. 

3 (5) EXCEPTION FOR DAYS OCCURRING AFTER

4 GENERAL ELECTION.—This subsection does not 

5 apply with respect to any day during the One Hun6 dred Eighteenth Congress which occurs after the 

7 date of the regularly scheduled general election for 

8 Federal office held in November 2024. 

9 SEC. 4. PROHIBITING MEMBER OFFICIAL TRAVEL DURING 

10 SHUTDOWN. 

11 (a) PROHIBITION.—Except as provided in subsection 

12 (b), no appropriated funds, including official funds of the 

13 House of Representatives, official funds of the Senate, or 

14 funds available under any Federal law, rule, or regulation, 

15 may be used to pay for the costs of travel by a Member 

16 of Congress during any period in which a Government 

17 shutdown is in effect. 

18 (b) EXCEPTION FOR TRAVEL BY MEMBER TO WASH19 INGTON METROPOLITAN AREA.—Subsection (a) does not 

20 apply with respect to travel by a Member of Congress to 

21 the Washington Metropolitan Area. 

22 (c) WASHINGTON METROPOLITAN AREA DEFINED.— 

23 In this section, the term ‘‘Washington Metropolitan Area’’ 

24 means the District of Columbia, the Counties of Mont25 gomery and Prince Georges in Maryland, and the Counties 


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1 of Arlington, Fairfax, Loudon, and Prince William and the 

2 Cities of Alexandria and Falls Church in Virginia. 

3 SEC. 5. DETERMINATION OF GOVERNMENT SHUTDOWN. 

4 For purposes of this Act, a Government shutdown 

5 shall be considered to be in effect if there is a lapse in 

6 appropriations for any Federal agency or department as 

7 a result of a failure to enact a regular appropriations bill 

8 or continuing resolution. 

9 SEC. 6. MEMBER OF CONGRESS DEFINED. 

10 In this Act, the term ‘‘Member of Congress’’ means 

11 an individual serving in a position under subparagraph 

12 (A), (B), or (C) of section 601(a) of the Legislative Reor13 ganization Act of 1946 (2 U.S.C. 4501). 

Æ 


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