[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5805 Introduced in House (IH)]
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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.
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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
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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.
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 2023''.
SEC. 2. PROHIBITING MEMBERS OF CONGRESS FROM ENGAGING IN CERTAIN
CAMPAIGN ACTIVITIES DURING GOVERNMENT SHUTDOWN.
Title III of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.) is amended by adding at the end the following new
section:
``SEC. 325. PROHIBITING MEMBERS OF CONGRESS FROM ENGAGING IN CERTAIN
CAMPAIGN ACTIVITIES DURING GOVERNMENT SHUTDOWN.
``(a) Direct and Personal Solicitation of Contributions.--An
individual holding the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress may not make a
direct and personal solicitation of funds in connection with an
election for Federal office at any time during which a Government
shutdown is in effect.
``(b) Expenditures by Authorized Committees.--An authorized
committee of a candidate who is an individual holding the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
the Congress may not make an expenditure in connection with an election
for Federal office at any time during which a Government shutdown is in
effect.
``(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.''.
SEC. 3. REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT SHUTDOWN
OCCURS.
(a) Reduction of Pay for Each Day of Government Shutdown.--
(1) Reduction.--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 paragraph (1).
(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) 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 subsection.
(4) Payroll administrator defined.--In this subsection, the
``payroll administrator'' of 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
subsection; 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 subsection.
(5) 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.
SEC. 4. PROHIBITING MEMBER OFFICIAL TRAVEL DURING SHUTDOWN.
(a) Prohibition.--Except as provided in subsection (b), no
appropriated funds, including official funds of the House of
Representatives, official funds of the Senate, or funds available under
any Federal law, rule, or regulation, may be used to pay for the costs
of travel by a Member of Congress during any period in which a
Government shutdown is in effect.
(b) Exception for Travel by Member to Washington Metropolitan
Area.--Subsection (a) does not apply with respect to travel by a Member
of Congress to the Washington Metropolitan Area.
(c) Washington Metropolitan Area Defined.--In this section, the
term ``Washington Metropolitan Area'' means the District of Columbia,
the Counties of Montgomery and Prince Georges in Maryland, and the
Counties of Arlington, Fairfax, Loudon, and Prince William and the
Cities of Alexandria and Falls Church in Virginia.
SEC. 5. DETERMINATION OF GOVERNMENT SHUTDOWN.
For purposes of this Act, 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.
SEC. 6. MEMBER OF CONGRESS DEFINED.
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).
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