H.R. 5792 — Government Shutdown Salary Suspension Act

This section requires the payroll administrators of each House of Congress—Chief Administrative Officer for the House and Secretary for the Senate—to withhold and deposit into escrow a Member of Congress's pro-rated daily pay under 2 U.S.C. 4501 for each 24-hour period of a government shutdown during any pay period in the 119th Congress and subsequent Congresses, applying the same tax withholding and remittance as regular pay. Escrowed amounts for Members serving in positions under 2 U.S.C. 4501(1)(A)–(C) (i.e., Senators, Representatives, Delegates, Resident Commissioner, party leaders, President pro tempore, and Speaker) are released upon the earlier of the end of the shutdown or the last day of the 119th Congress (or, for the 120th Congress and later, the Congress in which the shutdown began), with any remainder released on the last day of the relevant Congress to comply with the 27th Amendment; the Secretary of the Treasury must assist the payroll administrators in implementation.

This section requires the Director of the Office of Personnel Management to hold in escrow the daily rate of pay of the President and Vice President under applicable law for each 24-hour period of a government shutdown occurring during a pay period in their term, excluding those amounts from regular payments. The escrowed amounts—with standard withholdings and remittances applied—are released upon the end of the shutdown or, if earlier, the end of their term. (Thus, the President and Vice President receive deferred compensation for shutdown days rather than during the shutdown.)

This section defines a "Government shutdown," for purposes of this Act, as a lapse in appropriations for any federal agency or department resulting from the failure to enact a regular appropriations bill or continuing resolution.