Cloture on the Motion to Proceed Agreed to (99-0, 3/5 majority required)
99 Yea0 Nay1 Not voting3/5 required
SRES-526-119
Resolution agreed to in Senate without amendment by Voice Vote. (consideration: CR S2295)
Sponsored by John Kennedy (R-LA)
What it does
This resolution would direct the Secretary of the Senate to hold — but not permanently forfeit — the paychecks of all sitting Senators during any period in which a government shutdown (defined as a lapse in appropriations for one or more federal agencies or departments) is in effect. Withheld pay would be released to each Senator as soon as practicable after the shutdown ends. The resolution would take effect the day after the November 2026 general election.
Who benefits
The general public and federal workers who may benefit from increased political pressure on Senators to pass appropriations bills and avoid shutdowns. Taxpayers who favor accountability measures for elected officials. Senators who want a credible commitment device to signal fiscal responsibility to constituents. Federal contractors and agencies whose operations are disrupted by shutdowns and who may benefit from reduced shutdown frequency.
Who is hurt
Senators themselves face a temporary cash-flow disruption during shutdowns, though pay is ultimately returned in full. Senators with lower personal wealth or financial obligations may face greater hardship from delayed — even if not lost — compensation. The resolution does not apply to House members, executive branch officials, or congressional staff, meaning the accountability mechanism is asymmetric across the institutions responsible for passing appropriations.
Supporters argue
Supporters argue that Senators bear direct responsibility for passing appropriations legislation and should face a tangible personal consequence when they fail to do so. They contend that withholding pay — even temporarily — creates a meaningful incentive to resolve funding disputes quickly, and that it is fundamentally unfair for Senators to continue receiving paychecks while hundreds of thousands of federal workers are furloughed or forced to work without pay during shutdowns.
Opponents argue
Opponents argue that temporarily withholding — but ultimately returning — pay is largely symbolic and unlikely to change the underlying political dynamics that cause shutdowns, such as divided government or policy disagreements over spending levels. They contend the measure applies only to Senators and not to House members or the President, whose signatures are equally required to end a shutdown, making the accountability mechanism incomplete and potentially unfair to one chamber alone.
Constitutional context
The 27th Amendment prohibits laws varying the compensation of Senators and Representatives from taking effect until after an intervening election — which is why this resolution is explicitly structured to take effect after the November 2026 election. Because pay is withheld and then returned (not reduced), the resolution is designed to avoid a direct 27th Amendment conflict, though the line between a "variation" in compensation and a temporary hold has not been definitively resolved by the courts.
Checks and balances
The Senate gains a self-imposed accountability mechanism over its own members; the Secretary of the Senate — a Senate officer — administers the withholding, with no executive branch or judicial oversight of the process specified in the resolution.
Historical precedent
The No Budget, No Pay Act of 2013 similarly withheld congressional pay during a debt ceiling standoff, establishing a direct precedent for using compensation delays as a legislative accountability tool.
Cloture on the Motion to Proceed Agreed to (99-0, 3/5 majority required)