Withhold Member Pay During Shutdowns Act
- Bill Number
- H.R. 5891
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Congress
- Status
- Introduced
- Latest Action
- 2026-03-18: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 10 - 0.
- Last Updated
- 2026-06-30T08:06:07Z
AI-Generated Summary
Purpose
The "Withhold Member Pay During Shutdowns Act" (H.R. 5891) aims to hold Members of Congress financially accountable for government shutdowns by reducing their pay during such events. A government shutdown occurs when funding (appropriations) lapses for one or more federal agencies or departments, halting non-essential operations.
Key Provisions
- Definitions:
- "Member of Congress" includes Senators, Representatives, Delegates, and the Resident Commissioner from Puerto Rico.
- "Payroll administrator" refers to the Secretary of the Senate (or designee) for the Senate and the Chief Administrative Officer of the House (or designee) for the House.
- Pay Reduction During Shutdowns:
- If a shutdown is in effect on any day of a congressional pay period, the payroll administrator must deduct from each affected Member's pay an amount equal to one full day's salary multiplied by the number of 24-hour periods of the shutdown within that pay period.
- This applies to pay periods starting after the November 2026 federal general election (the "pay reduction effective date").
- Escrow for Pre-Effective Date Shutdowns:
- For shutdowns occurring between the bill's enactment and the effective date, withheld pay amounts are held in an escrow account rather than being permanently deducted.
- These escrowed funds are released to Members on the effective date to avoid violating the 27th Amendment (which prohibits changes to congressional compensation during their term).
- Implementation Support:
- The Secretary of the Treasury must assist payroll administrators in carrying out these requirements.
Significant Changes to Existing Law
- This bill introduces a new mechanism to directly penalize Members of Congress by withholding their pay during shutdowns, which is not currently required under existing law.
- It modifies how congressional compensation is handled during lapses in appropriations, building on the Legislative Reorganization Act of 1946 (which sets base pay rates) by adding shutdown-specific reductions.
- The escrow provision ensures compliance with constitutional limits on mid-term pay changes, creating a temporary deferral system not previously in place.
Potential Impacts
- On Government Agencies: Could indirectly encourage Congress to pass funding bills more promptly, reducing the frequency or duration of shutdowns that disrupt agency operations and furlough employees.
- On Citizens: May lead to fewer disruptions in federal services (e.g., national parks, IRS processing), benefiting the public by minimizing economic uncertainty from shutdowns, though the direct effect is limited.
- On International Relations: Minimal direct impact, but prolonged shutdowns have historically affected U.S. diplomatic efforts (e.g., delayed foreign aid); fewer shutdowns could enhance reliability in global engagements.
Main Stakeholders Affected
- Primary: Members of Congress, who face potential salary reductions or temporary withholdings, incentivizing them to prioritize budget agreements.
- Secondary: Congressional staff and administrators (e.g., payroll offices) responsible for implementation, and federal employees indirectly affected by shutdown dynamics.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Explicitly addresses the 27th Amendment by using escrow to prevent impermissible mid-term pay variations, ensuring the law withstands challenges on compensation grounds.
- Legal: Relies on existing statutes for pay calculations but adds enforceable deductions tied to shutdown durations, potentially leading to administrative disputes over "lapse in appropriations" definitions.
- Political: Creates a personal financial incentive for lawmakers to avoid shutdowns, which could shift negotiations on federal budgets and increase pressure for bipartisan compromise; critics might view it as symbolic accountability, while supporters see it as promoting fiscal responsibility.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (13)
Rep. Kim, Young [R-CA-40], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Murphy, Gregory F. [R-NC-3], Rep. Miller, Mary E. [R-IL-15], Rep. Mills, Cory [R-FL-7], Rep. Bresnahan, Robert P. [R-PA-8], Rep. Kean, Thomas H. [R-NJ-7], Rep. Obernolte, Jay [R-CA-23], Rep. Goodlander, Maggie [D-NH-2], Rep. Biggs, Sheri [R-SC-3], Rep. Hurd, Jeff [R-CO-3], Rep. Mackenzie, Ryan [R-PA-7], Rep. Boebert, Lauren [R-CO-4]
Recent Actions
- 2026-03-18: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 10 - 0.
- 2026-03-18: Committee Consideration and Mark-up Session Held
- 2025-10-31: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, 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.
- 2025-10-31: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, 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.
- 2025-10-31: Introduced in House
- 2025-10-31: Introduced in House
Bill Versions
- Withhold Member Pay During Shutdowns Act — issued 2025-10-31 — PDF (5 pages)