PolicyBrief
S. 3057
119th CongressOct 27th 2025
Withhold Member Pay During Shutdowns Act
IN COMMITTEE

This bill mandates the withholding of pay for Members of Congress for each day a government shutdown occurs, with specific rules for when the full reduction takes effect.

John Kennedy
R

John Kennedy

Senator

LA

LEGISLATION

No Pay, No Way: Bill Mandates Congress Members Lose a Day’s Salary for Every Day of a Government Shutdown

This bill, officially titled the “Withhold Member Pay During Shutdowns Act,” is straightforward: if the government shuts down, Members of Congress don’t get paid for the duration. It defines a “Government shutdown” simply as a period where funding lapses for one or more federal agencies or departments. The goal is to create financial accountability for the people who are supposed to keep the government funded.

The Immediate Catch: Escrow Until 2026

Congress is trying to solve the perennial problem of how to dock their own pay without violating the 27th Amendment, which says you can’t change a Member’s salary until after the next election. To navigate this, the bill creates a two-tiered system. From the moment this bill passes until the general election in November 2026, any pay that would be docked during a shutdown won't be reduced immediately. Instead, the daily pay will be calculated and held in an escrow account.

Think of the escrow account like a temporary holding tank. If there’s a shutdown, the payroll administrators for the House and Senate must calculate one day’s pay for every 24-hour period the shutdown lasts and deposit that money into the account. The bill specifies that all those withheld funds must be released to the Members on the “pay reduction effective date,” which is after the November 2026 election. This means that for the next few years, Members will still ultimately receive their full pay, but the money will be delayed until the constitutional hurdle is cleared. It’s a temporary workaround to make sure the process is legally sound.

The Long-Term Plan: Direct Pay Reduction Post-2026

The real change kicks in after the November 2026 election. Once that date passes, the bill mandates a direct pay reduction. If a shutdown occurs, the payroll administrator will simply subtract one day’s worth of pay for every day the government is closed from the Member’s compensation for that pay period. There’s no escrow, no delayed payment—just a straight reduction. This is the mechanism intended to create immediate financial consequences for failing to pass funding bills.

What This Means for Everyday People (and Staff)

For the average person, this bill is about accountability. When the government shuts down, essential services—from passport processing to small business loans—can slow down or stop entirely. This bill attempts to make sure the people responsible for funding those services feel the financial pinch, too. It’s a symbolic measure that aims to put some skin in the game for Congress members, who currently continue to get paid while federal workers are furloughed or working without pay.

However, implementing this is going to be a headache for congressional payroll staff. They now have to set up and manage an escrow system for hundreds of Members, track the exact 24-hour periods of a shutdown, and then manage the massive release of funds after the 2026 election. The bill requires the Secretary of the Treasury to provide assistance, which means new complexity for the financial bureaucracy, too. It’s a clear process, but it adds significant administrative load just to make a point about accountability.