Congress Divided Over Salary During Ongoing Government Shutdown

The ongoing government shutdown has led some members of Congress to request withholding their salaries, while many federal workers missed their first full paycheck since operations ceased on October 1, 2025. As negotiations stall, the House of Representatives remains in recess, and the Senate has departed for its regular long weekend. President Donald Trump is preparing for a trip to China, focusing on foreign policy and tariffs rather than the funding impasse.

During government shutdowns, members of Congress and federal judges continue to receive their paychecks, unlike the approximately 2 million civilian federal employees. Members of Congress earn an annual salary of $174,000, with leadership positions earning more. Active duty military personnel have also avoided missed paydays due to the Defense Department reallocating $8 billion earlier this month. It remains uncertain if this can be replicated ahead of the next pay date on October 31.

Some lawmakers are opting for their salaries to be withheld during the shutdown. According to a letter from House Chief Administrative Officer Catherine L. Szpindor, House members have the option to either receive their pay as usual, donate it to charity, return it to the Treasury, or request withholding until the government reopens. Szpindor noted that the 27th Amendment mandates members of Congress to receive their compensation, allowing them to request a delayed distribution of their paychecks.

A spokesperson for Ohio Sen. Jon Husted confirmed that he is opting to have his paycheck withheld until after the shutdown ends. Other lawmakers supporting this initiative include Colorado Sen. Michael Bennet, Florida Rep. Kat Cammack, New Jersey Sen. Andy Kim, and Oklahoma Rep. Stephanie Bice.

Despite the option for lawmakers to withhold their salaries, the legality of such actions has been debated. The nonpartisan Congressional Budget Office emphasized that member pay is constitutionally mandated and classified as mandatory spending. In a letter to Iowa Sen. Joni Ernst, CBO Director Phillip L. Swagel stated that members of Congress are entitled to their pay during lapses in discretionary appropriations. A similar assessment was made by the Congressional Research Service, which indicated that salaries for Congress members have been derived from a permanent appropriation since 1981.

The U.S. Constitution, Article I, Section 6, Clause 1, specifies that Senators and Representatives are to be compensated for their services, and the 27th Amendment ensures that no changes to their compensation can take effect until after the next election. This legal framework suggests that while lawmakers can choose to delay their paychecks, they cannot forfeit their salaries entirely without specific legal changes.

Meanwhile, federal employees, including those working for Congress and other executive branch agencies, do not have the same options. They are furloughed or required to work without pay until a funding agreement is reached. Workers involved in national security or essential services continue to operate but will not receive compensation during the shutdown.

The Senate recently failed to advance several bills aimed at providing pay for some federal workers and contractors affected by the shutdown. According to a 2019 law, both exempt and furloughed federal employees are entitled to back pay once funding resumes. However, uncertainty surrounds whether the Trump administration will uphold this commitment for executive branch employees. The House Committee on Administration has clarified that all legislative branch employees will receive back pay once a funding bill passes.

As the shutdown stretches on, the divide between Congress and the federal workforce highlights the complexities of government funding and compensation, raising questions about fairness and accountability in times of financial crisis.