Will Members of Congress Get Paid in a Shutdown?

The new moral high ground in Washington as Congress careens toward a complete budget impasse is not “We shouldn’t shut the government down.” It appears to be: “Don’t pay us if we do.”

The issue of whether members of Congress should get paid during a shutdown is factually inconsequential as both parties debate billions of dollars of cuts in a budget that contains trillions of dollars in spending.

But politically, there is no currency more important than the good will of the public. And lawmakers appear to know quite well that taking paychecks while laying off as many as 800,000 federal workers — without pay — is a sure-fire way to strain that good will to its breaking point.

That’s especially true as the full effect of a shutdown becomes clearer: essential workers and some military employees would continue to earn their pay during a shutdown, officials said. But many civilians told to take a forced vacation would lose their incomes during that time unless Congress later decided to make that pay retroactive — something that many see as unlikely.

House Speaker John Boehner said flatly Thursday morning that he and his colleagues should not get paid during a shutdown.

“Members of Congress are elected by their constituents. If there is a government shutdown not only will Congress not be paid, but federal employees will not be paid,” Mr. Boehner said on ABC’s “Good Morning America” program. “They shouldn’t be getting paid. Just like federal employees shouldn’t be getting paid.”

It’s not that easy, of course. In order for lawmakers to cut off their paychecks during a shutdown, there would have to be agreement on some legislation to do that — and agreement is the very thing that seems to be missing in the Capitol these days.

When ABC’s George Stephanopoulos noted that Congress has so far not passed legislation to stop Congressional pay during a shutdown, Mr. Boehner said “we’ll have to take a look at that. I’m not sure that that’s entirely accurate.”

In fact, the Senate last month unanimously passed a bill that would eliminate pay for lawmakers but the bill has stalled in the House. Meanwhile, the House version of the budget bill — the one that is at the heart of the disagreement that could lead to a shutdown — also includes such language. But if there’s a shutdown, it will be because the bill didn’t pass — and neither will the provision restricting Congressional pay.

Senator Barbara Boxer, Democrat of California, said in a press conference several weeks ago that not getting paid might help induce compromise among the nation’s lawmakers.

“We should feel the pain,” Boxer said in late February. “And we hope that this is such a simple piece of legislation and so fair that it’ll make people think, ‘Gee, maybe I ought to work a little harder at compromising and finding that common ground.’”

She added: “The point is to say if we – members of Congress – fail in our responsibility to act like grown-ups and get this thing moving forward, we’re going to pay a price just like other people are.”

On Thursday morning, Senator Joe Manchin, Democrat of West Virginia, released an open letter promising to donate his salary to charity (or return it to the treasury) and calling on others to do the same.

“If the government shuts down, I will take this pledge, and I urge you all – from the President and Vice President to all Members of Congress – to take it with me,” Manchin said in the letter to his colleagues. “I will forego my federal salary until we reach an agreement. I will donate my salary to charity or return it to the Treasury until the government works again.”

That tactic might pick up some steam if the budget stalemate continues and a shutdown looms. It’s unclear whether that kind of voluntary action would be enough for voters, who could still resent the fact that lawmakers have a choice while federal employees do not.

Meanwhile, other lawmakers are moving to ensure that at least the soldiers who are fighting on the battlefield don’t have to worry about their paychecks. (Under current law, service members would keep working, but at least part of their next paycheck, due to arrive on April 15, could be delayed.)

Senator Kay Bailey Hutchison, Republican of Texas, led a bipartisan group of senators on Wednesday to introduce the “Ensuring Pay for Our Military Act of 2011.”

The legislation would require that members of the active duty military would get paid, and would give the secretary of defense the ability to pay civilian defense department employees and military contractors as well.

“I am not willing to place the well-being of our military personnel and their families in the balance as we await a budget agreement,” Ms. Hutchison said in a statement on her website. “Our troops are serving our country, and our country must continue to serve them. This legislation would ensure the military gets paid on time, even if Congress cannot pass a budget before the April 8 deadline.”