Withhold Member Pay During Shutdowns Act

This Act may be cited as the Withhold Member Pay During Shutdowns Act.

In this section—

(1) the term Government shutdown means a lapse in appropriations for 1 or more Federal agencies or departments;

(2) the term Member of Congress means an individual serving in a position 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 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 the requirements of this section; and

(B) 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 the requirements of this section.

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—

(A) an amount equal to one day's worth of pay under the annual rate of pay of the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and

(B) the number of 24-hour periods during the pay period during which the Government shutdown is in effect.

This subsection shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2026 (in this section referred to as the pay reduction effective date).

If on any day before the pay reduction effective date a Government shutdown is in effect, the payroll administrator of each 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).

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 27th 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 pay reduction effective date.

This subsection shall apply with respect to days during the period beginning on the date of enactment of this Act and ending on the pay reduction effective date.

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 section.