[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5802 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5802
To provide for the payment of certain Federal Government employees
during any lapse in discretionary appropriations and to withhold the
payment of salaries to Members of Congress, the President, and the Vice
President during a Government shutdown, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 2025
Mr. Larson of Connecticut (for himself, Mr. Moulton, Ms. Norton, and
Mr. Thanedar) introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committees on
Oversight and Government Reform, and House Administration, 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
_______________________________________________________________________
A BILL
To provide for the payment of certain Federal Government employees
during any lapse in discretionary appropriations and to withhold the
payment of salaries to Members of Congress, the President, and the Vice
President during a Government shutdown, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make America Govern Again Act'' or
the ``MAGA Act''.
SEC. 2. ENSURING PAY OF CERTAIN FEDERAL GOVERNMENT EMPLOYEES DURING ANY
LAPSE IN DISCRETIONARY APPROPRIATIONS.
(a) In General.--There are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, during any lapse in
discretionary appropriations beginning on or after the date of the
enactment of this Act, such sums as are necessary for the salary and
expenses of any employee in the civil service or the uniformed services
(as those terms are defined in section 2101 of title 5, United States
Code).
(b) Exception.--Subsection (a) shall not apply to--
(1) the head of any Executive department (as that term is
defined in section 101 of such title); or
(2) any deputy secretary (or equivalent) of such a
department.
SEC. 3. PROHIBITING PAYING SALARIES OF MEMBERS OF CONGRESS DURING
GOVERNMENT SHUTDOWNS.
(a) Rule for One Hundred Nineteenth Congress.--
(1) Holding salaries in escrow.--If on any day during a pay
period occurring during the One Hundred Nineteenth Congress a
Government shutdown is in effect, the payroll administrator of
each House of Congress shall--
(A) deposit in an escrow account and exclude from
the payments otherwise required to be made with respect
to that pay period for the compensation of each Member
of Congress who serves in that House of Congress an
amount equal to the product of--
(i) the daily rate of pay of the Member
under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501); and
(ii) the number of 24-hour periods during
the pay period during which the Government
shutdown is in effect; and
(B) release amounts deposited in an escrow account
under subparagraph (A) to such Member of Congress only
upon the expiration of the period described in
paragraph (2).
(2) Period described.--The period described in this
paragraph is the period that--
(A) begins on the first day on which the applicable
Government shutdown is in effect; and
(B) ends on the earlier of--
(i) the date on which the applicable
Government shutdown is no longer in effect; or
(ii) the last day of the One Hundred
Nineteenth Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator of each House of
Congress shall provide for the same withholding and remittance
with respect to a payment deposited in an escrow account under
paragraph (1) that would apply to the payment if the payment
were not subject to paragraph (1).
(4) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payment to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Nineteenth Congress.
(b) Subsequent Congresses.--
(1) Holding salaries in escrow.--On and after the first day
of the One Hundred Twentieth Congress, if on any day during a
pay period a Government shutdown is in effect, the payroll
administrator of each House of Congress shall--
(A) deposit in an escrow account and exclude from
the payments otherwise required to be made with respect
to that pay period for the compensation of each Member
of Congress who serves in that House of Congress an
amount equal to the product of--
(i) the daily rate of pay of the Member
under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501); and
(ii) the number of 24-hour periods during
the pay period during which the Government
shutdown is in effect; and
(B) release amounts deposited in an escrow account
under subparagraph (A) to such Member of Congress only
upon the expiration of the period described in
paragraph (2).
(2) Period described.--The period described in this
paragraph is the period that--
(A) begins on the first day on which the applicable
Government shutdown is in effect; and
(B) ends on the earlier of--
(i) the date on which the applicable
Government shutdown is no longer in effect; or
(ii) the last day of the Congress during
which the period began under subparagraph (A).
(c) Role of Secretary of the Treasury.--The Secretary of the
Treasury shall provide the payroll administrator of each House of
Congress with such assistance as may be necessary to enable the payroll
administrator to carry out this Act.
(d) Definitions.--In this section--
(1) the term ``Member of Congress'' means an individual
serving in a position covered under subparagraph (A), (B), or
(C) of section 601(a)(1) of the Legislative Reorganization Act
of 1946 (2 U.S.C. 4501(1)); and
(2) the term ``payroll administrator'', with respect to a
House of Congress, means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this Act; and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this Act.
SEC. 4. PROHIBITING PAYING SALARIES OF PRESIDENT AND VICE PRESIDENT
DURING GOVERNMENT SHUTDOWNS.
(a) Holding Salaries in Escrow.--If on any day during a pay period
occurring during the term of office of the President or Vice President
a Government shutdown is in effect, the Director of the Office of
Personnel Management shall--
(1) deposit in an escrow account and exclude from the
payments otherwise required to be made with respect to that pay
period for the compensation of the President and the Vice
President an amount equal to the product of--
(A) the daily rate of pay of the President or Vice
President (as the case may be) under applicable law;
and
(B) the number of 24-hour periods during the pay
period during which the Government shutdown is in
effect; and
(2) release amounts deposited in an escrow account under
paragraph (1) to the President and the Vice President only upon
the expiration of the period described in subsection (b).
(b) Period Described.--The period described in this subsection is
the period that--
(1) begins on the first day on which the applicable
Government shutdown is in effect; and
(2) ends on the earlier of--
(A) the date on which the applicable Government
shutdown is no longer in effect; or
(B) the last day of the term of office of the
President and Vice President during which the period
begins.
(c) Withholding and Remittance of Amounts From Payments Held in
Escrow.--The Director of the Office of Personnel Management shall
provide for the same withholding and remittance with respect to a
payment deposited in an escrow account under subsection (a) that would
apply to the payment if the payment were not subject to subsection (a).
(d) Release of Amounts at End of Term.--The Director of the Office
of Personnel Management shall release for payment to the President and
Vice President any amounts remaining in the escrow account under this
section on the last day of the term of office of the President and Vice
President during which the period described in subsection (b) begins.
SEC. 5. PROHIBITING PAYING SALARIES OF CERTAIN EXECUTIVE EMPLOYEES
DURING GOVERNMENT SHUTDOWNS.
During any period in which a Government shutdown is in effect, no
funds may be made available for the salary and expenses of any officer
or employee in the Executive Office of the President who occupies a
position--
(1) described under sections 5312 through 5316 of title 5,
United States Code (relating to the Executive Schedule);
(2) under a noncareer appointment in the Senior Executive
Service, as defined under paragraph (7) of section 3132(a) of
such title; or
(3) in the executive branch of the Government of a
confidential or policy-determining character under schedule C
of subpart C of part 213 of title 5, Code of Federal
Regulations.
SEC. 6. DETERMINATION OF GOVERNMENT SHUTDOWN.
For purposes of this Act, a Government shutdown shall be considered
to be in effect if there is a lapse in appropriations for any Federal
agency or department as a result of a failure to enact a regular
appropriations bill or continuing resolution.
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