![]() ![]() ![]() Courts, federal courts continue to operate for a while by drawing on fees they have collected (as distinguished from appropriations) and by delaying new hires, non-case related travel, etc. In a shutdown, according to the Administrative Office of the U.S. But some judicial and congressional employees are furloughed. With that logic, lawyers for the federal courts and Congress have said that judges and members of Congress – and those who support them in their essential duties – can stay on the job even if the appropriations bills that fund them lapse. In a 1981 opinion, Attorney General Benjamin Civiletti said that the president could continue to exercise his constitutional responsibilities during a shutdown. And the Centers for Disease Control says that 46% of its employees (or 6,448 individuals) will remain on the job, including 2,518 who are “exempt” because their activities or positions are funded outside of the usual annual appropriation process, and 3,930 who are “excepted” because their activities are deemed necessary by implication, or for the safety of human life or protection of property. The National Gallery of Art, for instance, says it will remain open as long as it can tap such reserves, but will have to close if the shutdown lingers. Such voluntary services are a violation of the Antideficiency Act and will not be permitted under any circumstances.” The Advisory Council on Historic Preservation says, “A staff person will be instructed to ensure that, at the end of the last day of work with appropriated funds, lights and electronic devices not needed during the shutdown are turned off.” Some agencies say operations will continue if they haven’t spent previously appropriated sums or if they have income from fees that they can tap. The Securities and Exchange Commission’s contingency plan, for instance, cautions: “During the shutdown, employees who have not been designated as excepted may not volunteer to work without pay. Shutdowns are sufficiently likely that the White House Office of Management & Budget posts detailed contingency plans that government agencies maintain for shutdowns, as well as a 51-page Q&A on shutdown procedures. Shutdowns can be disruptive, leading to delays in processing applications for passports, small business loans, or government benefits shuttered visitor centers and bathrooms at national parks fewer food-safety inspections and various inconveniences. In addition, the Treasury can continue to pay interest on U.S. All this applies only to the roughly 25% of federal spending subject to annual appropriation by Congress.īenefits such as Social Security and Medicare continue to flow because they are authorized by Congress in laws that do not need annual approval (although the services offered by Social Security benefit offices may be limited during a shutdown). Government employees who provide what are deemed essential services, such as air traffic control and law enforcement, continue to work, but don’t get paid until Congress takes action to end the shutdown. What happens when that occurs?ĭuring shutdowns, many federal employees are told not to report for work, though under a 2019 law they get paid retroactively when the shutdown ends. If Congress enacts some but not all of the 12 appropriations bills, only agencies without appropriations have to shut down this is known as a partial shutdown. When Congress fails to enact the 12 annual appropriation bills, federal agencies must cease all non-essential functions until Congress acts. Under the Antideficiency Act (initially passed in 1884 and amended in 1950), federal agencies cannot spend or obligate any money without an appropriation (or other approval) from Congress. In a surprise, Congress avoided a government shutdown on October 1, 2023, by passing a stopgap spending bill (known as a continuing resolution) that funds federal agencies at last year’s levels for 45 days – through November 17, 2023. ![]()
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