I 
118TH CONGRESS 
1ST SESSION H. R. 3538 
To reduce the annual rate of pay of Members of Congress if the public 
debt limit is reached or a Government shutdown occurs during a year, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Ms. SPANBERGER (for herself and Mr. FITZPATRICK) 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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To reduce the annual rate of pay of Members of Congress 
if the public debt limit is reached or a Government 
shutdown occurs during a year, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Pay for Congress 
During Default or Shutdown Act’’. 
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SEC. 2. REQUIRING REDUCTION OF PAY OF MEMBERS OF 
CONGRESS 
IF 
PUBLIC 
DEBT 
LIMIT 
IS 
REACHED. 
(a) REDUCTION OF PAY FOR EACH DAY OF GOVERN-
MENT SHUTDOWN.— 
(1) IN GENERAL.—If on any day during a year 
the public debt limit is reached, the annual rate of 
pay applicable under section 601(a) of the Legisla-
tive 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 public debt limit is reached. 
(2) EFFECTIVE
DATE.—This subsection shall 
apply with respect to days occurring after the date 
of the regularly scheduled general election for Fed-
eral office held in November 2024. 
(b) SPECIAL RULE
FOR ONE HUNDRED EIGHT-
EENTH CONGRESS.— 
(1) HOLDING SALARIES IN ESCROW.—If on any 
day during the One Hundred Eighteenth Congress 
the public debt limit is reached, the payroll adminis-
trator of that House of Congress shall— 
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(A) withhold from the payments otherwise 
required to be made with respect to a pay pe-
riod 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 public debt limit is 
reached 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 Members of Congress in violation of 
the twenty-seventh article of amendment to the Con-
stitution of the United States, the payroll adminis-
trator of a House of Congress shall release for pay-
ments to Members of that House of Congress any 
amounts remaining in any escrow account under this 
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subsection on the last day of the One Hundred 
Eighteenth Congress. 
(3) EXCEPTION FOR DAYS OCCURRING AFTER 
GENERAL
ELECTION.—This subsection does not 
apply with respect to any day during the One Hun-
dred Eighteenth Congress which occurs after the 
date of the regularly scheduled general election for 
Federal office held in November 2024. 
(c) DETERMINATION OF REACHING OF PUBLIC DEBT 
LIMIT.—For purposes of this section, the public debt limit 
shall be considered to be reached if the Federal Govern-
ment is unable to make payments or meet obligations be-
cause the public debt limit under section 3101 of title 31, 
United States Code, has been reached. 
SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF 
CONGRESS IF GOVERNMENT SHUTDOWN OC-
CURS. 
(a) REDUCTION OF PAY FOR EACH DAY OF GOVERN-
MENT SHUTDOWN.— 
(1) IN GENERAL.—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 Legis-
lative Reorganization Act of 1946 (2 U.S.C. 4501) 
with respect to each Member of Congress for the 
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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 Fed-
eral office held in November 2024. 
(b) SPECIAL RULE
FOR ONE HUNDRED EIGHT-
EENTH CONGRESS.— 
(1) HOLDING SALARIES IN ESCROW.—If on any 
day during the One Hundred Eighteenth Congress a 
Government shutdown is in effect, the payroll ad-
ministrator of that House of Congress shall— 
(A) withhold from the payments otherwise 
required to be made with respect to a pay pe-
riod 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 
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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 pe-
riod; 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 vio-
lation 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) EXCEPTION FOR DAYS OCCURRING AFTER 
GENERAL
ELECTION.—This subsection does not 
apply with respect to any day during the One Hun-
dred Eighteenth Congress which occurs after the 
date of the regularly scheduled general election for 
Federal office held in November 2024. 
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(c) 
DETERMINATION
OF
GOVERNMENT
SHUT-
DOWN.—For purposes of this section, a Government shut-
down 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. 4. ROLE OF SECRETARY OF THE TREASURY. 
The Secretary of the Treasury shall provide the pay-
roll administrators of the Houses of Congress with such 
assistance as may be necessary to enable the payroll ad-
ministrators to carry out this Act. 
SEC. 5. DEFINITIONS. 
(a) MEMBER OF CONGRESS.—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). 
(b) PAYROLL ADMINISTRATOR.—In this Act, the 
‘‘payroll administrator’’ of a House of Congress means— 
(1) 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 
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(2) in the case of the Senate, the Secretary of 
the Senate, or an employee of the Office of the Sec-
retary of the Senate who is designated by the Sec-
retary to carry out this Act. 
Æ 
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