Section 1 Short title
This Act may be cited as the “No Work, No Pay Act of 2023”.
No Work, No Pay Act of 2023
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.
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:
“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
Reduction of pay for each day of Government shutdown—
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—
an amount equal to one day’s worth of pay under such annual rate; and
the number of 24-hour periods during which the Government shutdown is in effect.
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.
Special rule for One Hundred Eighteenth Congress—
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—
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—
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
the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and
deposit in an escrow account all amounts withheld under paragraph (1).
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.
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.
Payroll administrator defined— In this subsection, the “payroll administrator” of a House of Congress means—
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
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.
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
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.
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.
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).