Does Congress get paid during a government shutdown?

Washington — Hundreds of thousands of federal employees could soon go without pay or face potential layoffs if Congress remains at an impasse over government funding, with a shutdown set to begin Oct. 1.

The GOP-controlled House passed a bill earlier this month to extend government funding until Nov. 21, but the bill has stalled in the Senate, where Democratic votes are needed to advance it. Democrats want an extension of health care subsidies under the Affordable Care Act, which Republicans have opposed. Without a resolution, the government will begin to shut down on Wednesday.

If funding lapses, federal employees in critical positions would be required to stay on the job. Many others would be forced to stay home. Both groups would have their paychecks delayed until Congress approves more spending. Most federal contractors might not get paid at all.

Here’s what the shutdown threat means for lawmakers themselves — and their paychecks.

Will members of Congress get paid if there’s a government shutdown?

The short answer is yes. Lawmakers will continue to draw a paycheck even if they haven’t reached a deal to fund the government.

The reason is because of how their pay is treated under the Constitution and federal law. Article I, Section 6 of the Constitution states: “The 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.” This means they must get paid whether or not other parts of the government are funded.

Pursuant to that section, members’ pay rate is set by a process established by federal law, and the 27th Amendment says any law to change their pay can’t take effect until after the next congressional election. Lawmakers’ pay has been funded by a permanent appropriation since 1983, according to a recent Congressional Research Service report, meaning funding for their pay doesn’t need to be renewed annually.

Most members earn a salary of $174,000 per year, a rate that has not changed since 2009. The speaker of the House earns $223,500, while the president pro tempore of the Senate and the party leaders in both chambers make $193,400.

When it comes to other federal entities, the law that governs how they must act during a lapse in funding is known as the Antideficiency Act. In short, it says that federal agencies generally can’t spend more money than Congress has approved. This means many agencies must furlough employees — that is, tell them to stay home…