PolicyBrief
H.R. 5678
119th CongressOct 3rd 2025
No Pay for Disarray Act
IN COMMITTEE

This bill mandates a reduction in Congressional pay for days a government shutdown occurs, with specific rules applying to the One Hundred Nineteenth Congress.

Angie Craig
D

Angie Craig

Representative

MN-2

LEGISLATION

No Pay for Disarray Act: Congress Will Lose Pay During Shutdowns, But Not Until 2026

The “No Pay for Disarray Act” is pretty straightforward on paper: it mandates that Members of Congress lose a day’s worth of pay for every day the government shuts down. This bill is aimed squarely at increasing accountability for the people responsible for keeping the lights on—or rather, for failing to pass the necessary funding bills. The key specifics are that a “Government shutdown” is defined as any time a federal agency or department runs out of money because Congress failed to pass a regular budget or continuing resolution (Sec. 4). The financial penalty is calculated as one day’s worth of their annual salary for each shutdown day (Sec. 2).

The Future Penalty: Real Financial Pain Post-2026

For anyone serving in Congress after the general election in November 2026, the rule is simple and hurts: if they cause a shutdown, they actually lose that money (Sec. 2). This is where the bill gets teeth. Imagine you’re a small business owner who has to meet payroll every two weeks. If the government fails to fund itself, the people who failed to do their job will finally feel a direct, immediate financial sting. This deferred start date is likely due to the 27th Amendment, which prevents Congress from raising or lowering its own pay mid-term; by setting the change to take effect after the next election, they bypass that constitutional hurdle.

The Present Placeholder: The Escrow Loophole

Here’s the catch, and it’s a big one for accountability right now. For the current term (the 119th Congress), the bill sets up a special rule (Sec. 3). If a shutdown happens, the payroll office will withhold the pay, but instead of keeping it, they put it into a special escrow account. The kicker? On the very last day of the 119th Congress, the payroll administrator is required to release all that withheld money back to the members (Sec. 3). Think of it like an inconveniently timed, mandatory savings account. They don't actually lose the money; they just get it later. This procedural workaround allows them to claim they’re feeling the pain of a shutdown without violating the Constitution or actually losing any income. For the average worker who loses a paycheck during a shutdown, this “escrow” rule feels like a massive difference between the legislative class and the rest of us.

Who This Affects and How

For the taxpayer, the benefit is the increased pressure on Congress after 2026 to avoid shutdowns, which disrupt everything from national parks to small business loans. For current Members of Congress, the impact is mostly administrative hassle and a delayed paycheck, not a true financial penalty. The bill is clear, low on jargon, and defines its terms well, but its dual structure—a real penalty for the future, a temporary inconvenience for the present—means that while the intention is strong, the immediate impact is muted. It’s a promise of accountability that won't fully materialize for another few years.