Lawmakers from both parties are asking to have their pay withheld as the government shutdown nears a week.
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"But lawmakers requesting their pay be withheld cannot forgo it altogether, because federal law requires them to be paid.
Article I 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."
Further, the 27th Amendment prevents any changes to congressional pay until after the next election.
A source familiar with the matter told Fox News Digital that members of Congress can elect to have their pay withheld until a shutdown is over, but they must receive that as backpay when the government is funded again.
Meanwhile, Rep. Joe Morelle, D-N.Y., the top Democrat on the Committee for House Administration, told
Bloomberg Government last week that those checks can go into an account separate from lawmakers' usual salaries. He told the outlet, "It’s an administrative way of withholding pay for people who choose to."
Congressional staffers, meanwhile, automatically miss paychecks if their pay period falls during a government shutdown — but that is also backpaid when the shutdown ends."