Members of Congress continue to receive salaries during shutdowns because the Constitution guarantees lawmakers’ compensation.
The Senate unanimously approved a resolution on May 14 that would suspend senators’ pay during government shutdowns.
The measure, introduced by Sen. John Kennedy (R-La.), passed by voice vote and is scheduled to take effect after the November midterm elections.
Under the resolution, the Senate secretary would withhold lawmakers’ salaries whenever a government shutdown affects one or more federal agencies. Pay would be released once government funding is restored.
Supporters say the proposal is intended to hold Congress accountable as shutdowns become increasingly frequent and prolonged.
“Shutting down government should not be our default solution to our refusal to work out our issues and our differences,” Kennedy said in a floor speech on Wednesday.
“This is about putting our money where our mouth is.”
Kennedy initially wanted the measure to take effect immediately, but included delayed implementation language to comply with the 27th Amendment, which bars changes to congressional pay until after the next House election.
He also accused Democrats of potentially using a shutdown before the elections “to create chaos” and influence the political environment heading into the midterms.
The legislation follows two major shutdowns over the past year that caused financial strain for thousands of federal employees, especially workers at the Department of Homeland Security. The agency reopened last month after a 76-day partial shutdown—the longest funding lapse affecting a federal agency in U.S. history.
That shutdown came shortly after a separate 43-day closure of the entire federal government, another record-setting disruption.
While federal workers often miss paychecks during shutdowns, members of Congress continue to receive salaries because the Constitution guarantees lawmakers’ compensation.
During a previous shutdown tied to disputes over health care subsidies, Sen. Lindsey Graham (R-S.C.) proposed a constitutional amendment requiring lawmakers to forfeit their pay during shutdowns.“If members of Congress had to forfeit their pay during government shutdowns, there would be fewer shutdowns, and they would end quicker,” Graham said at the time.
Graham argued that a constitutional amendment would be the most legally secure solution, though such an effort would require ratification by three-fourths of the states.
Lawmakers have previously pledged to voluntarily reject their salaries during shutdowns, but Kennedy told reporters his proposal would ensure that “shared sacrifice” becomes official policy.
He acknowledged the resolution does not apply to the House of Representatives, saying, “the House’s business is the House’s business,” while also referencing tensions between the two chambers.
“There’s a very strong undercurrent of animosity among some of my friends in the House,” Kennedy said. “It’s quickly becoming like two kids fighting in the back of a minivan.”
