A BILL

To ensure fiscal accountability in representation by reducing pay and allowances for Members of Congress and their staff during any period of government shutdown, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “FAIR Act of 2026” or the “Fiscal Accountability in Representation Act of 2026.”

SEC. 2. FINDINGS AND PURPOSE.

1. The responsibility to maintain continuous government operations lies primarily with the legislative branch, which holds the constitutional power of the purse.
2. When the Federal Government shuts down due to a lapse in appropriations, millions of federal employees, contractors, and citizens face financial hardship and uncertainty.
3. It is inequitable and inconsistent with public service for Members of Congress and their staff to receive full compensation while the government remains inoperative.
4. The purpose of this Act is to align congressional compensation with government functionality, ensuring fiscal accountability and shared responsibility when the government fails to operate as intended.

SEC. 3. REDUCTION OF PAY AND ALLOWANCES DURING GOVERNMENT SHUTDOWNS.

(a) Definitions.—

1. The term “shutdown month” means any calendar month during which any part of the Federal Government experiences a lapse in appropriations resulting in a government shutdown for one or more calendar days.
2. The term “Member of Congress” means a Senator, Representative, Delegate, or Resident Commissioner, as defined in 2 U.S.C. § 4501.
3. The term “congressional staff” means any employee whose pay or allowances are disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.
4. The term “allowances” includes all forms of compensation, stipends, reimbursements, benefits, and expense accounts payable to or on behalf of a Member or employee.

(b) Pay Limitation.—

1. Notwithstanding any other provision of law, in any shutdown month, the total gross pay and allowances payable to each Member of Congress and each congressional staff employee shall not exceed $5.00 for that month.
2. If compensation is calculated on an annual basis, the annual rate of pay shall be reduced to reflect the $5.00 maximum for each shutdown month.

1. This limitation applies regardless of whether the shutdown lasts for part or all of a calendar month.

(c) Prohibition on Back Pay.—

1. No subsequent law, continuing resolution, or retroactive pay act may restore, reimburse, or otherwise compensate any amount withheld under subsection (b).
2. Any such attempt to provide back pay shall be deemed void and without legal effect.

(d) Applicability.—

This section applies to all Members of Congress and congressional staff for any shutdown month beginning on or after January 1, 2026.

SEC. 4. PUBLIC DISCLOSURE OF PAY REDUCTIONS.

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives shall each publish on their respective public websites, within 30 days after the end of each shutdown month, a list of all Members and congressional staff subject to the pay limitation under this Act and the total amount withheld.

SEC. 5. LIMITATION ON REPEAL OR AMENDMENT.

1. Supermajority Requirement.— It is the express intent of Congress that this Act and its provisions shall not be repealed, amended, or suspended except by a bill or joint resolution that has been approved by two-thirds of the Members present and voting in each House of Congress.
2. Statement of Policy.— While no Congress may irreversibly bind a future Congress under Article I of the Constitution, this supermajority requirement is declared as a statement of legislative intent and accountability, and shall remain part of the public record of this Act.

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on January 1, 2026, and apply to any shutdown month occurring thereafter.