Congress gets paid during a government shutdown because their salaries are classified as mandatory spending and paid from a permanent appropriations account, which does not depend on annual funding bills. This arrangement is mandated by the U.S. Constitution, specifically Article I, Section 6, which states that Senators and Representatives "shall receive Compensation" as determined by law, paid out of the Treasury. Since 1983, the pay for Congress members has been sourced from this permanent account, meaning they continue to receive their salaries during funding lapses that cause government shutdowns. In contrast, many federal employees either are furloughed without pay during the shutdown or work without immediate compensation but receive back pay once funding is restored, as mandated by the Government Employee Fair Treatment Act of 2019. However, contractors and certain other federal workers may not be guaranteed pay during shutdowns. Some members of Congress have voluntarily chosen to suspend their pay during shutdowns, but there is no legal requirement for Congress to stop receiving pay during these periods.
