H.R. 5802 — MAGA Act

This section appropriates such sums as necessary from any money in the Treasury not otherwise appropriated during any lapse in discretionary appropriations beginning on or after enactment for the salary and expenses of civil service and uniformed services employees (as defined in 5 U.S.C. 2101). The appropriation excludes (1) heads of executive departments and (2) deputy secretaries (or equivalents) of such departments. (Thus, it ensures pay continuity for most federal civilian and uniformed personnel during government shutdowns.)

This section requires the payroll administrator of each House of Congress (i.e., Chief Administrative Officer for the House or Secretary for the Senate) to withhold and deposit into escrow a Member of Congress's prorated daily pay under 2 U.S.C. 4501(a)—covering Senators, House Members, Delegates, Resident Commissioner, party leaders, President pro tempore, and Speaker—for each 24-hour period of a government shutdown during a congressional pay period, with the same tax withholding and remittance as regular pay. For the 119th Congress, amounts are released upon shutdown end or the last day of the 119th Congress (whichever first), ensuring no Twenty-seventh Amendment violation by releasing any remainder on the final day; for the 120th Congress and subsequent Congresses, amounts are released upon shutdown end or the last day of the Congress in which the shutdown began (whichever first). The Secretary of the Treasury must assist payroll administrators in implementation.

This section requires the Director of the Office of Personnel Management to withhold from regular pay and deposit into escrow the President’s and Vice President’s daily compensation for each day of a government shutdown occurring during a pay period. Escrowed amounts, treated identically to regular pay for withholding and remittance purposes (e.g., taxes), are released upon the end of the shutdown or, if earlier, the end of their term of office. (Thus, the President and Vice President receive back pay for shutdown days at the latest by the end of their term.)

This section prohibits payment of salaries and expenses during a government shutdown (i.e., lapse in appropriations) for any Executive Office of the President officer or employee in (1) an Executive Schedule position under 5 U.S.C. §§5312-5316, (2) a noncareer Senior Executive Service position, or (3) a confidential, policy-determining Schedule C position.

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