H.R. 5802

[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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