Some lawmakers demand salaries withheld until federal workers get paid

WASHINGTON — Some members of Congress are requesting that their salaries be withheld during the ongoing government shutdown, while federal workers on Friday missed their first full paycheck since many operations closed on October 1.

With no progress toward a deal to end the shutdown, the House remained on a prolonged break from Capitol Hill, the Senate adjourned for its usual long weekend, and President Donald Trump prepared to depart for a trip to China. During this trip, the president is expected to focus more on foreign policy and tariffs than on the funding lapse.

**Lawmakers Continue to Receive Paychecks**

Unlike the approximately 2 million civilian federal employees and thousands of legislative branch staffers affected by the shutdown, the president, members of Congress, and federal judges continue to receive their regular paychecks.

Members of Congress earn $174,000 annually, with leadership earning higher salaries. Active duty military personnel would normally miss their paychecks during a shutdown, but the Department of Defense recently reprogrammed $8 billion to avoid missed paydays for U.S. troops. It remains unclear if the Pentagon can extend this funding through the next payday on October 31.

**Options for Congressional Pay During Shutdown**

Members of Congress have several options during this shutdown: they may receive their pay as usual, donate their salaries to charity, return the money to the Treasury, or choose to have their checks withheld.

On Thursday evening, Rhode Island Democratic Rep. Gabe Amo shared a letter from House Chief Administrative Officer Catherine L. Szpindor confirming that House members’ salaries can be withheld until the funding lapse ends. Szpindor stated that legal requirements, including the 27th Amendment, entitle members to their pay, and any lawmaker whose salary is withheld can request payment at any time. Szpindor did not respond to requests for further comment.

A spokesperson for Ohio Republican Sen. Jon Husted confirmed that, although senators are required to be paid, his paycheck can be withheld at his request. The Senate disbursing office will continue to prepare the check, but Husted will not collect it until after government funding is restored. The spokesperson added that Husted believes members of Congress should not receive their salaries on time when other federal workers do not.

In another instance, a Senate staffer, speaking on background, reported that one senator’s salary was switched from direct deposit to a physical paycheck so it could be held by the disbursing office during the shutdown, at that senator’s request.

Among members who have requested their salaries to be withheld are Colorado Democratic Sen. Michael Bennet, Florida Republican Rep. Kat Cammack, New Jersey Democratic Sen. Andy Kim, Oklahoma Republican Rep. Stephanie Bice, and Oregon Democratic Rep. Janelle Bynum.

Spokespersons for President Trump and House Speaker Mike Johnson, R-La., did not respond to inquiries about whether they are having their salaries withheld. A spokesperson for Senate Majority Leader John Thune, R-S.D., stated that he is having his paycheck held back.

**Legal Considerations Regarding Lawmakers’ Salaries**

Congress has voted on several occasions to officially withhold members’ salaries during shutdowns, but none of these bills have become law.

Questions have arisen in past funding lapses about the legality of withholding lawmakers’ pay. The nonpartisan Congressional Budget Office (CBO) wrote in a letter to Iowa Republican Sen. Joni Ernst shortly before the shutdown began that member pay “is required by the Constitution and is considered mandatory spending.”

“Thus, Members of Congress would continue to be paid during a lapse in discretionary appropriations,” wrote CBO Director Phillip L. Swagel.

This aligns with a report from the Congressional Research Service (CRS), also nonpartisan and updated in August, which states that “Members of Congress continue to receive their pay during a lapse in appropriations for a number of reasons.”

According to the CRS report, lawmaker salaries “have been provided by a permanent, mandatory, appropriation since 1981.”

The U.S. Constitution (Article I, Section 6, Clause 1) states: “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.”

Additionally, the 27th Amendment declares: “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

The CRS report also cites the Government Accountability Office’s principles of federal appropriations law, noting that “The salary of a Member of Congress is fixed by statute and therefore cannot be waived without specific statutory authority.”

However, the report points out that lawmakers can accept their salary and subsequently donate all or part of it back to the Treasury.

**No Options and No Paychecks for Federal Employees**

Federal employees who work for members of Congress or within departments and agencies across the executive branch do not have the option to withhold their paychecks.

These workers must go without pay until Congress and the president reach an agreement to fund the government and end the shutdown.

Any employee involved in national security, or the protection of life or property, is considered exempt and continues working during the shutdown. Other federal employees are placed on furlough.

On Thursday, the Senate failed to advance multiple bills that would have provided pay to some federal employees and contractors during the shutdown.

Absent new congressional action, both exempt and non-exempt federal workers are slated to receive back pay under a 2019 law once the government reopens. However, President Trump and administration officials have cast doubt on whether executive branch employees will receive such back pay.

The House Committee on Administration states that all employees working within the legislative branch will receive back pay once a funding bill becomes law.

The committee’s guidance explains: “Neither essential nor furloughed employees are authorized to receive compensation during a lapse in government funding.”

“Federal law statutorily requires retroactive pay for furloughed and essential employees following the end of a lapse in government funding,” it adds.

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*This article will be updated as more information becomes available.*
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