H.R. 5738 · 119th Congress · House
No Budget, No Pay Act
Introduced 2025-09-22 · Sponsored by Jim Cooper (D-TN) · Last updated 2026-03-31
Last action (2025-09-25): Referred to the Committee on House Administration.
Summary
Would withhold congressional pay for each day that all regular appropriations bills have not been passed by the start of the fiscal year. Members would forfeit pay retroactively, not merely have it delayed. Targets the pattern of Congress repeatedly missing budget deadlines and operating on continuing resolutions.
The Good
Creates direct financial accountability
Congress has failed to pass all appropriations bills on time in 27 of the last 30 fiscal years. This bill ties pay directly to the core constitutional responsibility of funding the government, creating an incentive that doesn't currently exist.
Addresses public frustration with shutdowns
After two shutdowns in the 119th Congress alone (October-November 2025 and February 2026), public disapproval of Congress hit historic lows. This bill responds to a widely shared sentiment that Congress should share the consequences of its dysfunction.
The Bad
May violate the 27th Amendment
The 27th Amendment states that no law 'varying the compensation' of Congress takes effect until after the next election. Legal scholars are split on whether forfeiture (versus delay) qualifies as varying compensation.
Disproportionately affects less wealthy members
Many members of Congress are millionaires and would barely notice withheld pay. Newer or less wealthy members, who may depend on congressional salary, face greater pressure. This could discourage non-wealthy candidates from running.
Similar bills have been introduced repeatedly without effect
Versions of 'No Budget, No Pay' have been introduced in at least 8 consecutive Congresses. The bill has never received a committee hearing, suggesting it functions more as a messaging bill than a serious legislative proposal.
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