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Sen. Bernie Moreno Introduces Legislation to Tax Congress During Shutdowns

Amy Curtis
Amy Curtis  |  October 03, 2025 11:45 AM

Senator Bernie Moreno (R-OH) has introduced a bill to impose a daily tax on members of Congress, called the Stop Holding Up Tax-Payers, Deny Wages on Washington’s Negligence (SHUTDOWN) Act .

A statement from Sen. Moreno's office read:

WASHINGTON – Today, Senator Bernie Moreno (R-Ohio) introduced the Stop Holding Up Tax-Payers, Deny Wages on Washington’s Negligence (SHUTDOWN) Act to penalize members of Congress with a daily tax during a government shutdown.
 
“Democrats like Hakeem Jeffries want to get paid for shutting the government down,” said Senator Moreno. “That’s ridiculous. If Congress can’t do the bare minimum, we don’t deserve a paycheck.” 
 
Unlike federal employees, members of Congress are guaranteed to get paid during a government shutdown. However, Senator Moreno’s SHUTDOWN Act imposes a daily tax on lawmakers which would remain each day that members of Congress are in session and the shutdown continues.

Sen. Moreno spoke with Fox News yesterday about his proposal:

"Congress is responsible for funding our government. We're not doing our job. We get paid about $500 a day, so what I'm saying is for every day that the government is shut down, every member of Congress -- House and the Senate -- would forfeit, lose permanently, $500 per day. I think that's the minimum that the American people would expect."

Here's more from Fox News:

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Members of Congress, unlike other federal employees, are guaranteed to get paid during a government shutdown. But Sen. Bernie Moreno, R-Ohio, wants to impose a tax on lawmakers that would eat away at their paychecks.

Moreno plans to introduce the Stop Holding Up Taxpayers, Deny Wages On Washington’s Negligence (SHUTDOWN) Act, which would create a new tax specifically for lawmakers.

But the proposal gets tricky with the Constitutional provisions on Congressional pay, as Fox News notes:

Members of Congress on average make $174,000 a year. That number can fluctuate depending on whether a lawmaker is in a leadership position. Preventing lawmakers from getting paid during a shutdown is tricky, however, given that the U.S. Constitution requires them to receive a paycheck even if the government is closed.

Article I, Section 6 of the Constitution requires that "Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States."

Then there is the 27th Amendment, which was ratified in the 1992, that prevents Congress from passing a law affecting its pay during the current congressional term.

That's why Moreno's proposal would be a tax, rather than a change to Congressional pay.

And Moreno is right about Jeffries. When asked about his pay, the House Minority Leader squirmed.

In response to that video, Moreno warned he'd be dropping the SHUTDOWN Act today:

"Not held, not delayed, not suspended, forfeited," Moreno wrote.

Social media users praised the move, with one saying, "Shutdowns would never happen if lawmakers didn't get paid during shutdowns."