Senator John Kennedy (R-L.A.) introduced two bills Wednesday that would offer a clever solution to end the government shutdown and bring Democratic Party leaders back to the negotiating table: Hit them in the wallets.
Kennedy proposed withholding paychecks from members of Congress until the Democrat-run government shutdown ends, which would force lawmakers to feel the same pain as federal workers.
The clever proposal comes as the shutdown hit day 36 Wednesday and shows no signs of ending soon.
“I don’t see missing paychecks or empty dinner plates as leverage or bargaining chips,” Kennedy said on the Senate floor. “My bills ensure Congress feels the same pain as the folks we’re failing to pay – our troops, air traffic controllers, and federal workers. If we can’t do our jobs and fund the government, we don’t deserve a paycheck – plain and simple.”
Kennedy, a member of the Senate Appropriations Committee, filed two bills: the No Shutdown Paychecks to Politicians Act and the Withhold Member Pay During Shutdowns Act.
The first bill would cut pay for members of Congress during a government shutdown with no back pay. The second bill would place congressional salaries in escrow during a shutdown, releasing the funds only at the start of the next Congress.
“Look, we’re on day 36,” Kennedy said. “Like you, Mr. President, I’ve heard a lot of rumors about, ‘We’re that close to reaching an agreement.’ We’ve been that close for a week.”
Kennedy said he believes the shutdown will go “a while longer.”
“In the meantime, none of our staff are being paid. No federal employees are being paid,” Kennedy said. “I got some numbers in this morning that federal workers have had to borrow $365 million so far during this 36-day shutdown in order to just pay their rent.”
Kennedy noted that military personnel are only being paid partially, air traffic controllers are not being paid at all, and SNAP recipients are only receiving partial payments.
“I don’t think anybody wants to see anybody go hungry in America. And that’s not a partisan statement; I think that’s a bipartisan statement,” Kennedy said.
Unlike other federal workers, members of Congress continue to receive paychecks during shutdowns due to Article I, Section 6 of the Constitution, which states that senators and representatives shall receive compensation for their services paid from the Treasury.
Kennedy addressed potential constitutional concerns about his proposals.
“Some may say, ‘Well, this violates the 27th Amendment.’ I don’t think it does. That’s why I’m offering two different flavors of bills,” he said.
Kennedy pointed to precedent from 2013, when former President Barack Obama supported similar legislation during a previous shutdown.
“President Obama supported legislation that said, ‘If you don’t open the government by this certain date, then you’re going to lose your paychecks,'” Kennedy said. “And guess what — members of Congress had an epiphany and they found religion…and they opened up government.”
Rep. Bryan Steil (R-W.I.), the chairman of the House Administration Committee, introduced a companion bill in the House.
Rep. Ryan Zinke (R-M.T.) also co-sponsored a constitutional amendment proposed by Rep. Ralph Norman of South Carolina that would prohibit members of Congress from receiving pay during government shutdowns with no back pay.
“We have a constitutional duty to do our job and keep government funded,” Zinke said.
Kennedy previously filed other bills to require the federal government to pay both federal employees and military personnel during the shutdown. All were rejected.
The shutdown has already become one of the longest in U.S. history. The House passed a clean continuing resolution to prevent the shutdown, but Senate Democrats have blocked efforts to reopen the government.