(Refiles to fix a typo in paragraph 2)

By Douglas Gillison

WASHINGTON (Reuters) -The top U.S. watchdog agency for consumer finances told staff on Tuesday it will continue to operate in the event of a government shutdown after midnight, according to an email seen by Reuters.

Like other banking regulators, the Consumer Financial Protection Bureau's funding is not set by Congress through annual appropriations, meaning the agency's funding would not be affected if Congress fails to agree on spending legislation.

Activity at the agency has been sharply curtailed since President Donald Trump took control of it earlier this year, however, while officials seek permission in the courts to dismiss most staff.

"CFPB will continue operations in the event of a shutdown, even though some other parts of the federal government would be affected," Chief Operating Officer Adam Martinez wrote in the email. "Therefore CFPB employees should plan to report to work as usual on Wednesday, October 1, 2025."

Representatives for the CFPB did not immediately respond to a request for comment.

The agency is facing a funding crunch and has warned staff of the possibility that positions could be eliminated due to new funding limits imposed by Congress. The agency has also begun planning for furloughs as funding dries up.

(Reporting by Douglas Gillison in Washington)