I 118th CONGRESS 1st Session H. R. 3538 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 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 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.

1. Short title This Act may be cited as the No Pay for Congress During Default or Shutdown Act . 2. Requiring reduction of pay of Members of Congress if public debt limit is reached (a) Reduction of Pay for Each Day of Government 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 Legislative 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 Federal office held in November 2024. (b) Special rule for One Hundred Eighteenth Congress (1) Holding Salaries in Escrow If on any day during the One Hundred Eighteenth Congress the public debt limit is reached, the payroll administrator of that 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 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 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 Hundred 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 Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached. 3. Requiring reduction of pay of Members of Congress if Government shutdown occurs (a) Reduction of pay for each day of Government 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 Legislative 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 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 2024. (b) Special rule for One Hundred Eighteenth Congress (1) Holding salaries in escrow If on any day during the One Hundred Eighteenth Congress a Government shutdown is in effect, the payroll administrator of that 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 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 Hundred Eighteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2024. (c) Determination of Government shutdown For purposes of this section, a Government shutdown 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. 4. 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 Act. 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 (2) 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.