US Troops (Usually) Don’t Get Paid During a Government Shutdown, But Congress Does

Claim:

United States military service members don’t get paid during a government shutdown and congresspeople do.

Rating:

Context

U.S. military personnel don’t automatically get paid during a government shutdown — but they’ve been paid before during government shutdowns, either through stopgap legislation or because Congress was able to pass a spending bill to keep the Department of Defense funded. Congresspeople always get paid during a government shutdown under federal law.

As the Congressional deadline to pass a budget bill to avoid a government shutdown approached in December 2024, social media users began claiming that U.S. military service members don’t get paid during a shutdown — but congresspeople do. 

The claim spread on X — examples here (archived) and here (archived) — and one post (archived) had received over 24,000 likes as of this writing: 

Fun fact: Service members don’t get paid during a shutdown.

Congressmen do.

— Alex Cole (@acnewsitics) December 20, 2024

It’s true that members of Congress continue to receive pay during government shutdowns due to the United States’ appropriations laws and the U.S. Constitution. U.S. military service members, who must report for duty regardless of a shutdown, don’t get paid automatically because of how Congress funds the Department of Defense (DOD). However, there are ways Congress can continue to pay U.S. troops during a government shutdown — and troops have been paid during the last three prolonged shutdowns as a result. Thus, we rate this claim as a mixture of true and false. 

Why Congress Gets Automatically Paid 

Each year, the U.S. federal government must allocate all of its spending money through budget bills, including the DOD’s budget. If those bills don’t pass, the flow of money through the government effectively stops and the government (largely) shuts down. The deadline for 2024 was Dec. 20.

But congressional pay isn’t tied to passing those budget bills. Since 1981, a permanent, mandatory appropriation has provided members of Congress with their salaries. Congresspeople also work through shutdowns, as they need to get the government back up and running, which means they’re not subject to furlough. 

The U.S. Constitution states that “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.” The 27th Amendment of the Constitution also forbids congressional salary changes from taking effect until the next election concludes: “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.” As a result, lawmakers are automatically entitled to pay during shutdowns. 

Why Military Personnel Don’t Get Paid Automatically 

Military personnel aren’t afforded the same protections. On Dec. 19, 2024, the Pentagon warned that a government shutdown could cost troops their pay. Maj. Gen. Pat Ryder, a Pentagon spokesperson, told reporters that “in the event of a lapse in funding and a shutdown of the government, the DOD will continue to carry out our fundamental responsibility and mission to defend our nation and the American people. However, it’s important to note that military personnel would not be paid until new funds are appropriated by Congress.”

See the video of Ryder’s statement on The Associated Press’ YouTube page. 

In the past three prolonged shutdowns, however, Congress found a way to pay U.S. troops. That’s because the 2018-2019 shutdown and the 1995-1996 shutdown only affected some agencies, as lawmakers managed to pass spending bills for other agencies — including, in both cases, the DOD — thus allowing service members to receive pay. See the 2018-2019 spending bill for the Department of Defense here and the 1995-1996 spending bill here. 

During the 2013 shutdown, Congress wasn’t able to pass a spending bill for the DOD before the deadline. Still, troops were paid due to the “Pay Our Military Act,” which appropriated “such sums as are necessary to provide pay and allowances to: (1) members of the Armed Forces, including reserve components, who perform active service during such period; and (2) civilian personnel and contractors of the Department of Defense (DOD) (and the Department of Homeland Security [DHS] in the case of the Coast Guard) whom the Secretary concerned determines are providing support to such members of the Armed Forces.” 

However, the Pay Our Military Act was only “for any period during which interim or full-year appropriations for [fiscal year 2014] are not in effect,” which means it’s long since expired. There was a bill introduced in 2024 called the “Pay Our Troops Act” to ensure troops are paid during government shutdowns, but it never made it past the introduction stage. 

On the flip side, there have been many attempts by lawmakers to prohibit pay during government shutdowns, according to a report from the Congressional Research Service, Congress’ nonpartisan research arm. For example, Rep. Angie Craig, a Democrat from Minnesota, introduced legislation called the “My Constituents Cannot Afford Rebellious Tantrums, Handle Your (MCCARTHY) Shutdown Act” in 2023, presumably named after then-House Speaker Kevin McCarthy, a Republican from California. That bill also never made it past the introduction stage. 

Sources