Congressional Pay During Shutdowns

Segment #658

Support No Budget No Pay sponsored by Rick Scott

Rick Scott's No Budget, No Pay BillThe No Budget, No Pay Act is a bipartisan bill primarily championed by Sen. Rick Scott (R-FL) since he joined the Senate in 2019. It aims to hold members of Congress accountable by withholding their salaries if they fail to pass a budget resolution and all 12 annual appropriations bills by the start of the fiscal year (October 1). The withheld pay would be held in escrow and released retroactively once the funding is approved. Scott has described it as a "common-sense" measure, arguing that Congress shouldn't get paid for failing a basic duty that families and businesses handle routinely. The bill has been reintroduced multiple times with co-sponsors from both parties, including Sens. Mike Braun (R-IN), Joe Manchin (D-WV), Kyrsten Sinema (I-AZ), and Shelley Moore Capito (R-WV).History and Key Milestones

• 2019: Scott co-sponsors the bill with Braun in January. In June, an amendment version passes out of the Senate Homeland Security and Governmental Affairs Committee as part of the Government Shutdown Accountability Act. Scott pushes for its inclusion in end-of-year spending bills in November and December, amid debates over wasteful spending.

• 2020: Scott leads a bipartisan, bicameral letter in December urging inclusion in government funding negotiations, highlighting shutdowns' harm to Americans (e.g., Coast Guard members going unpaid).

• 2021: Reintroduced in March with Manchin, Braun, and others. Democrats block a Senate vote on March 6 during debates over a $1.9 trillion COVID spending bill. Scott calls for its inclusion in September appropriations talks.

• 2023: Reintroduced in January with Braun, Manchin, Hassan (D-NH), Capito, and Britt (R-AL). In December, it earns a spot on the National Taxpayers Union's "No-Brainers" list for bipartisan support and fiscal responsibility, amid $31 trillion in national debt.

• 2025: Reintroduced in January as part of Scott's "Make Washington Work" plan, alongside bills for congressional term limits and repealing automatic pay raises. On November 6, amid an ongoing government shutdown (described as the longest in history, with Democrats accused of voting against funding 14 times in five weeks), Scott seeks unanimous consent on the Senate floor for passage. Sen. Ed Markey (D-MA) objects, blocking it. Scott argues it would align congressional pay with federal workers' and military risks during shutdowns.

The bill has faced resistance from both parties for maintaining the status quo of continuing resolutions (short-term funding patches) over full appropriations. It passed committee once but has never reached a full Senate or House vote. Scott continues advocating for it, tying it to broader reforms like balanced budgets.

History of Congressional PayCongressional compensation is governed by Article I, Section 6 of the U.S. Constitution, which states it must be "ascertained by law, and paid out of the Treasury of the United States." This ensures federal independence from state control, a key concern during the Constitutional Convention (unlike under the Articles of Confederation, where states set varying pay). The 27th Amendment (ratified 1992) delays any pay changes until after the next election to prevent self-serving raises.

The Government Ethics Reform Act of 1989 ties adjustments to the Employment Cost Index (limited by General Schedule base pay increases), but Congress often blocks them via annual prohibitions.Pay has been controversial since the founding, with debates over adequacy, ethics, and public perception. Early salaries were per diem ($6/day in 1789, equivalent to ~$200 today), shifting to annual rates by 1855. The infamous "Salary Grab Act" of 1873 doubled pay retroactively (to $7,500 for members, ~$190,000 today), sparking outrage and Republican losses in 1874 midterms. Increases have generally lagged inflation at times but outpaced it in others, with freezes common since the 1990s.Key Historical Salaries (Nominal Dollars)

Year - Annual Salary - Notes

1789 - $6 per diem - Per session day; no annual rate.

1816 - $1,500 - First annual salary; sparked backlash as "princely."

1855 - $3,000 - Standardized; covered travel/housing implicitly.

1873 - $7,500 - Post-"Salary Grab"; president to $50,000.

1907 - $7,500 - No increase since 1874; inflation eroded value.

1925 - $10,000 -After 18-year freeze.

1935 - $10,000 - Depression-era freeze.

1946 - $12,500 - Post-WWII adjustment.

1955 - $22,500 - Significant raise amid rising costs.

1969 - $42,500 - Tied to executive levels.

1983 - $69,800 House got brief bump over Senate.

1990 - $98,400 - Ethics Reform Act era.

1998 - $136,700 - Automatic adjustments begin.

2000 - $141,300 - Blocked raises become routine.

2009 - $174,000 - Current base; frozen since (leadership higher, e.g., Speaker $223,500).

Current base pay is $174,000 (frozen since 2009 despite ~40% inflation). Adjustments require congressional action; recent budgets (e.g., FY2024) prohibit increases. Critics argue low pay deters talent; supporters say it curbs corruption.

Who Gets Paid in the Government During a Shutdown?Government shutdowns occur when Congress fails to pass appropriations, halting non-guaranteed spending. About 2.1 million federal civilian employees are affected (plus ~1.4 million uniformed military).

The president and Congress continue receiving pay (constitutionally protected as a "permanent appropriation").

All federal employees—essential or not—receive back pay retroactively under the Government Employee Fair Treatment Act of 2019 once funding resumes, but contractors often do not.Agencies designate "essential" (or "excepted") employees based on duties protecting life, property, or national security. These workers must report without pay; non-essential are furloughed (unpaid leave). Examples from recent shutdowns:Essential vs. Non-Essential Employees

Category

Essential (Work Unpaid, Get Back Pay)

Non-Essential (Furloughed, Get Back Pay)

Military/Defense

Active-duty troops (~1.4M), National Guard on duty, civilian DoD roles in operations/security.

Administrative staff, training coordinators, non-emergency R&D.

Homeland Security

Border Patrol, TSA screeners, air traffic controllers, Secret Service, ~70,000 law enforcement.

IT support, policy analysts, non-urgent inspections.

Health/HHS

CDC emergency response, NIH clinical trials/patient care, FDA food safety inspectors.

Grant administrators, long-term researchers, training programs.

Justice/Justice

FBI agents, federal prisons, U.S. Marshals.

Non-emergency legal staff, HR.

Parks/Interior

Park rangers for safety/emergencies, dam operators.

Visitor centers, educational programs, maintenance crews.

Treasury/IRS

Tax processing for refunds, debt collection.

Audits, customer service (varies; ~half furloughed in 2025).

Other

Postal workers (self-funded), VA emergency care, Social Security disaster payments.

Smithsonian museums, non-critical EPA inspections, most congressional staff.

Impacts include delayed services (e.g., no new Medicare enrollments, closed national parks) and economic strain (~$11B GDP loss per long shutdown). In the current 2025 shutdown, ~730,000 essential workers and ~670,000 furloughed civilians are unpaid, with some agencies (e.g., IRS) adjusting designations mid-shutdown. Military got a one-time bonus in 2019 but not routinely.

Most congressional staff do not get paid during a government shutdown.
They are furloughed (sent home without pay) unless their member of Congress designates them as “essential” and funds them from the member’s personal office budget (MRA/SRA). Here’s the breakdown:

1. Legal Status of Congressional Staff

• Not covered by the 2019 Government Employee Fair Treatment Act (which guarantees back pay for executive-branch feds).

• Considered legislative-branch employees under the Legislative Branch Appropriations Act.

• Their pay stops the moment the legislative branch appropriation lapses (usually Day 1 of a shutdown).

2. Who Gets Paid? (The “Essential” Exception)Members can keep a tiny skeleton crew working without pay during the shutdown, then reimburse them later using:

• MRA (Members’ Representational Allowance – House)

• SRA (Senators’ Representational Allowance – Senate)

Role - Typically Kept On (Unpaid Now, Paid Later) - Typically Furloughed

Chief of Staff / LD - Yes - No

Press Secretary - Yes (if handling shutdown messaging) - No

Caseworkers (constituent emergencies) - Sometimes - Usually

Legislative Directors / Policy Staff - Rare - Yes

Interns / Fellows - No - Yes

District/State Staff - Only if handling federal agency crises (e.g., SSA, VA) - Yes

Example (2025 shutdown):

• Sen. Rick Scott kept 3 DC staff (CoS, press sec, scheduler) on MRA.

• Rep. Alexandria Ocasio-Cortez furloughed all 18 staff and went public: “No one in my office is working without pay.”

3. Back Pay? Not Guaranteed

Branch - Back Pay Guarantee

Executive (DoD, TSA, etc.) - Yes (2019 law)

Legislative (Congressional staff) - No — only if Congress passes a specific back-pay bill post-shutdown

Judicial - Yes (via Admin. Office of Courts)

Historical precedent:

• 2013 (16 days): No staff back pay.

• 2018–19 (35 days): Partial back pay via standalone bill (Feb 2019).

• 2025 (ongoing): Bipartisan bill introduced (H.R. 9123) but stalled in Rules Committee.

4. Practical Impact (2025 Shutdown)

• ~16,000 House staff + ~6,000 Senate staff affected.

• ~60% furloughed entirely, per CRS estimate (Nov 2025).

• Average unpaid staffer: $65k–$85k salary → $2,500–$3,300 lost per week.

• Many take Uber gigs, GoFundMe, or credit card debt.

5. Member Pay vs. Staff Pay (Key Political Contrast)

Group

Paid During Shutdown?

Legal Basis

Members of Congress - Yes - U.S. Constitution (Art. I, §6)

Congressional Staff - No (unless MRA-funded) - Legislative Branch Appropriation

This is why No Budget, No Pay bills (like Rick Scott’s) don’t touch staff — they only escrow member salaries.

Bottom Line

Congressional staff are not paid during shutdowns unless their boss keeps them on via office funds — and even then, they work unpaid until (and unless) Congress votes retroactive pay.
Members of Congress? Still get their $174,000 — no exceptions.

The Rationals for Congress Continuing to Pay Themselves

Below is a politically realistic breakdown of how members of Congress (or their defenders) justify receiving pay while actively blocking or prolonging a government shutdown—even when they are the ones obstructing a budget or appropriations. These are the actual arguments used on the floor, in press releases, and in cable-news hits, not necessarily endorsements of their merit.

1. “The Constitution requires it — it’s not optional”Core claim: Article I, Section 6 says congressional compensation is “ascertained by law, and paid out of the Treasury.” The 27th Amendment locks in the current rate until the next election.
How it’s spun:

• “We can’t unilaterally suspend our own pay — that would be an ex post facto law or bill of attainder.”

• “Even if we wanted to stop our checks, the Treasury is legally barred from doing it without a new statute.”

• Real-world use: Mitch McConnell (2013), Nancy Pelosi (2019), and Chuck Schumer (2025) all cited this when asked why they still cash paychecks during shutdowns.

2. “We’re working — just not on your bill”Core claim: Obstruction is work. Holding the floor, negotiating in conference, forcing amendments, or killing bad bills is part of the job.
How it’s spun:

• “I’m here 18 hours a day trying to stop a $3 trillion spending spree.”

• “Filibustering a CR that funds [insert unpopular program] is my job.”

• Real-world use: Ted Cruz in 2013 (“I’m on the floor fighting Obamacare”), Rick Scott in 2025 (“I’m blocking 14 Democrat poison-pill riders”).

3. “Essential vs. non-essential is arbitrary — we are essential”Core claim: Congress is the only branch that can appropriate money (Art. I, §9). Without Congress in session, the government permanently shuts down.
How it’s spun:

• “Park rangers are ‘essential’ for bear attacks; we are essential to prevent a $2 trillion debt explosion.”

• “The President can’t spend a dime without us — that makes every hour we’re here ‘mission-critical.’”

• Real-world use: House Freedom Caucus presser (Dec 2023): “We are the last line of defense against socialism.”

4. “We already gave up pay raises — that’s sacrifice enough”Core claim: Congress has frozen its own pay since 2009 ($174,000 base). Inflation has cut real purchasing power ~40%.
How it’s spun:

• “I make less in real dollars than a 1990 congressman — don’t lecture me about sacrifice.”

• “Federal employees get step increases and COLAs; we don’t.”

• Real-world use: Rep. Patrick McHenry (R-NC) on Fox, Jan 2025: “We’ve taken a 15-year pay cut while bureaucrats got raises.”

5. “Back pay for federal workers is guaranteed — our pay isn’t the issue”Core claim: The 2019 Government Employee Fair Treatment Act mandates retroactive pay for all feds. Congress’s pay is a rounding error (~$90 million/year total).
How it’s spun:

• “Troops and TSA agents will get every dime — I’m fighting for policy, not my paycheck.”

• “If you want to fix pay, pass No Budget No Pay — don’t grandstand.”

• Real-world use: Rick Scott’s floor speech (Nov 6, 2025) after Markey objection: “I offered to escrow our pay — Democrats blocked it.”

6. “The other side is obstructing — we’re just responding”Core claim: Shutdowns are always bipartisan failures, but the current blockage is the minority/majority’s fault.
How it’s spun:

Side

2025 Talking Point

GOP

“Democrats added 400 pages of Green New Deal mandates at 2 a.m.”

Dem

“MAGA extremists demand 30% cuts to FBI and food stamps.”

7. “Voters can fire us — that’s the real accountability”Core claim: Elections every 2/6 years are the ultimate “No Pay” mechanism.
How it’s spun:

• “If Floridians don’t like my vote, they’ll vote me out in 2024.”

• “I answer to 800,000 constituents, not a gotcha tweet.”

• Real-world use: Sen. Tommy Tuberville (R-AL) on shutdown pay (2023): “The ballot box is my performance review.”

Counter-Framing (Used by Critics)

• “You can’t negotiate with a gun to the country’s head.”

• “If a CEO tanked the company, the board wouldn’t pay him during the crisis.”

• “Pass No Budget No Pay — then talk.”

Bottom LineThe political justification boils down to:

“The Constitution mandates our pay, we are working (by obstructing bad policy), and the real fix is structural (No Budget No Pay), not performative grandstanding.”

Whether voters buy it is another question—polls during the 2025 shutdown show 68% favor withholding congressional pay (Morning Consult, Nov 4).