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Bill
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No Work, No Pay Act

H.R. 5772 · 118th Congress · Sep 27, 2023 · Lineage

A BILL

To impose a fine on Members of Congress in the event of a Government shutdown, and for other purposes.

Section 1 Short title

This Act may be cited as the “No Work, No Pay Act”.

Sec. 2 Imposition of fine on Members of Congress in event of Government shutdown

(a)
Imposition— If on any day during a year a Government shutdown is in effect, the enforcement authority of that House of Congress shall impose a fine against each Member of Congress who serves in that House in an amount equal to the product of—
(1)
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
(2)
the number of days during the year on which the Government shutdown is in effect.
(b)
Enforcement authority defined— In this section, the “enforcement authority” of a House of Congress means—
(1)
in the case of the House of Representatives, the Sergeant-at-Arms of the House of Representatives; and
(2)
in the case of the Senate, the Sergeant-at-Arms and Doorkeeper of the Senate.

Sec. 3 Deducting fine from pay

(a)
Deduction from pay— If a Member of Congress against whom a fine is imposed under this Act has not paid the fine prior to the expiration of the 30-calendar day period which begins on the date the fine is imposed, the payroll administrator of that House of Congress shall deduct the amount of the fine from the net salary otherwise due the Member, in accordance with timetables and procedures established by the Committee on House Administration of the House of Representatives (in the case of a Member of the House of Representatives or a Delegate or Resident Commissioner to the Congress) or the Committee on Rules and Administration of the Senate (in the case of a Senator).
(b)
Prohibiting use of campaign or official funds To pay fines— A Member of Congress may not use campaign funds or official funds, including amounts in the Members’ Representational Allowance or the Senators’ Official Personnel and Office Expense Account, to pay a fine imposed under this Act.
(c)
Payroll administrator defined— In this section, 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 section; 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 section.

Sec. 4 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. 5 Policies and procedures

Policies and procedures for the implementation of this Act shall be established—
(1)
for the implementation of this Act in the House of Representatives, by the Sergeant-at-Arms, Committee on House Administration, and Chief Administrative Officer of the House of Representatives; and
(2)
for the implementation of this Act in the Senate, by the Sergeant-at-Arms and Doorkeeper, Committee on Rules and Administration, and Secretary of the Senate.

Sec. 6 Exercise of rulemaking authority

This Act is enacted by Congress—
(1)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Sec. 7 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).