PolicyBrief
S.J.RES. 94
119th CongressOct 29th 2025
A joint resolution proposing an amendment to the Constitution of the United States requiring Members of Congress to forfeit their compensation during Government shutdowns.
IN COMMITTEE

This joint resolution proposes a constitutional amendment to require Members of Congress to forfeit their pay during government funding lapses.

Lindsey Graham
R

Lindsey Graham

Senator

SC

LEGISLATION

Proposed Constitutional Amendment: Congress Loses Pay During Government Shutdowns

This joint resolution proposes a constitutional amendment that would directly tie Congressional salaries to their ability to keep the government funded. In plain language, if Congress fails to pass the necessary spending bills and the government shuts down, Members of Congress immediately forfeit their pay for the duration of that funding lapse. This is a big deal because it writes a financial consequence for legislative failure directly into the foundational document of the land.

The bill specifies that any forfeited salary won’t just sit in limbo; it gets transferred straight to the U.S. Treasury’s general fund. The kicker? That money is then specifically earmarked to reduce the Federal debt. So, if a shutdown lasts a month, every member of Congress loses a month’s pay, and that collective loss goes toward paying down the national credit card. This measure also grants Congress the power to pass additional laws needed to enforce this new constitutional rule, ensuring the mechanism works as intended.

The 'No Work, No Pay' Rule for Washington

Currently, when the government shuts down, essential workers—like air traffic controllers or Border Patrol agents—often have to work without pay, while many federal employees are furloughed. Meanwhile, Members of Congress have historically continued to receive their salaries, often citing the 27th Amendment (which prevents changes to Congressional pay from taking effect until the next election). This proposal aims to close that loophole by making the loss of pay mandatory and immediate during a funding lapse.

Think of it this way: when you miss a deadline at work or fail to deliver a key project, there are consequences—sometimes financial. This amendment applies that same basic principle to the legislative branch. By making the cost of a shutdown personal and immediate for lawmakers, the resolution aims to create a powerful incentive for them to find common ground and pass appropriations bills on time. It shifts the dynamic from a situation where lawmakers can negotiate with little personal financial cost to one where their own income is on the line.

Debt Reduction and Accountability

The most straightforward impact for the average person is the increased accountability. Government shutdowns cause real headaches: delayed services, closed parks, and uncertainty for federal workers. This amendment institutionalizes a penalty for the people responsible for the failure. Furthermore, the requirement to use the forfeited funds for Federal debt reduction is a clear nod to fiscal responsibility. While the amount of money might be small in the context of the national debt, the symbolic value of using the salaries of the lawmakers who caused the lapse to pay down debt is significant.

To become law, this isn’t just a simple bill passing through Congress; it’s a constitutional amendment. That means it would need to be approved by two-thirds of both the House and the Senate, and then ratified by three-fourths (38) of the state legislatures. That’s a high bar, but the clarity of the measure—tying pay to performance—is difficult to argue against, especially for those who are tired of the recurring shutdown drama.