PolicyBrief
H.J.RES. 129
119th CongressOct 3rd 2025
Proposing an amendment to the Constitution of the United States to prohibit Members of Congress from receiving compensation for any period during which a Government shutdown is in effect.
IN COMMITTEE

This joint resolution proposes a constitutional amendment to prohibit members of Congress from receiving compensation during any period a government shutdown is in effect due to a failure to pass a budget.

Derrick Van Orden
R

Derrick Van Orden

Representative

WI-3

LEGISLATION

Proposed Constitutional Amendment: No Congressional Pay During Government Shutdowns

This joint resolution proposes a constitutional amendment that would stop paying members of Congress—both Representatives and Senators—during any period when the federal government shuts down due to a failure to pass funding legislation. Essentially, if Congress can't pass a budget or a continuing resolution to keep the lights on, their paychecks stop until they fix the problem. This is a direct attempt to create a financial disincentive powerful enough to force lawmakers to do their primary job: fund the government.

The 'No Budget, No Pay' Rule

Right now, when the government shuts down, essential federal workers—think air traffic controllers or Border Patrol agents—are forced to work without pay, and many others are furloughed. But members of Congress still get paid. This proposed amendment, if ratified by three-fourths of the states within seven years, would change that. The core idea is simple: if the failure to pass funding legislation causes a shutdown, Congress loses its salary for that time. This provision is designed to make the pain of a shutdown universal across the legislative branch, potentially speeding up negotiations and reducing the frequency of these funding crises.

Why This Matters to Your Wallet

Government shutdowns aren't just bureaucratic headaches; they hit real people and the economy. They delay everything from small business loans (SBA) to processing tax refunds, and they disrupt services like national parks. For the average person, a shutdown means uncertainty and often a slowdown in federal services they rely on. This amendment aims to tie the hands of lawmakers to the reality they create for everyone else. If your job performance resulted in a major operational failure, you’d likely face consequences. This amendment applies that same logic to the legislative branch's most critical function.

The Catch: Enforcement is Key

While the amendment lays down the fundamental rule, it also grants Congress the authority to pass future laws to enforce this pay prohibition. This is where the rubber meets the road. For this amendment to work as intended, Congress will need to pass strong, clear legislation defining exactly what constitutes a 'shutdown' that triggers the pay cut and ensuring there are no loopholes that allow members to collect their back pay immediately upon reopening the government. The effectiveness of this constitutional change hinges entirely on the subsequent enforcement laws passed by the very body it seeks to penalize.