All You Need to Know About the Government Shutdown
The longest ever government shutdown drags on, as President Trump continues to demand more than $5 billion for a U.S.-Mexico border wall and Democrats proceed to say they won't concur to any new money for it. A number of agencies have been close since Dec. 22, meaning no employees are existence paid and some are not working. Democrats continue to say they won't hold to any new coin for the wall, and Trump has said he won't declare a national emergency even after the White House started to lay the groundwork for one.
The effects on Americans who rely on the federal prophylactic net are growing. Here's everything to know virtually this shutdown. If nosotros missed annihilation, or if you have a tip, there is a form beneath for you to inquire the states a question.
What exactly is a regime shutdown?
Exactly what it sounds like. Much of the federal regime gets its funding from annual budget appropriations decided by Congress. The majority of the government has had such funding in place since the budget twelvemonth began Oct. 1, but other agencies had been operating on a series of temporary extensions, the terminal of which expired December. 21 at midnight.
Since funding wasn't enacted for those agencies, they were partially shut down. Some of the employees working at those agencies take stayed on the job nonetheless, while others take been furloughed. In both cases, they will be unpaid until spending authority is restored.
Those who remain at work are called "excepted" while those who are furloughed are chosen "not-excepted" (not "essential" vs. "non-essential," which are the more commonly used, only not official, terms). Individual agencies make these decisions in what the government calls contingency plans.
Excepted employees are those whose jobs involve the condom of homo life, the protection of holding, or sure other types of work designated by their agencies as necessary to continue. Excepted employees continue reporting for work as normal during a shutdown, though for the concurrently they would non be paid for that time.
Employees who are "non-excepted" are put on unpaid furlough. They are not to work while on furlough, even on a volunteer basis. They cannot substitute annual get out or other forms of paid time off for that unpaid fourth dimension.
Note: Some agencies, and thus the employees working in them, are "exempt" from a shutdown because they exercise not get their funding through the congressional appropriations process. The largest of these is the U.S. Post, which operates on income from postage stamp and the items it sells. Other agencies, or parts of them, also have funding not subject to annual appropriations — for example, through fees they charge for their services, or from trust funds or multi-year budgets. Employees whose salaries are funded in that manner go along working, and getting paid, as normal.
How long did other shutdowns last?
The partial government shutdown has set a record; the longest federal funding gap since 1980 was 21 days. Several shutdowns were resolved in a affair of days as negotiators worked out a deal to reopen the authorities.
Longest funding gaps under current shutdown rules
Note: In that location were substantial federal funding gaps in the late 1970s, including a 17-day long gap outset Sept. xxx, 1978, just gaps were taken less seriously before legal opinions by then-Attorney General Benjamin Civiletti said well-nigh authorities piece of work had to terminate until funded by Congress.
The guidelines that a funding gap should lead to a regime shutdown emerged in the early 1980s, and short federal funding gaps were common in that decade. Since then, they have grown less common, but stretched longer as parties dug in.
Hither'due south why other shutdowns happened and how they were resolved.
What are the legal challenges to the shutdown?
On Jan. 15, a judge ruled against a consolidated claim that the National Treasury Employees Union and the National Air Traffic Controllers Association filed against the regime, proverb it would be "profoundly irresponsible" to issue an order that would result in thousands of employees staying home from work. The NTEU alleged that more than 400,000 federal employees — including tens of thousands of NTEU members — are being forced to piece of work without pay during the partial government closure. The NATCA accused federal officials of depriving controllers of their "hard-earned bounty without the requisite due process." The largest federal employee marriage, the American Federation of Government Employees, has likewise filed a lawsuit against the Trump administration, alleging that hundreds of thousands of federal employees are illegally being forced to work without pay.
How many federal employees have been affected?
Of the nigh 800,000 employees in the nine Cabinet departments and various smaller agencies whose funding has lapsed, virtually 380,000 initially were furloughed without pay with the rest still working without pay.
Equally the shutdown has dragged on, those numbers take changed. Several agencies have chosen back furloughed employees to work. The biggest example of this is the IRS, which called back some 35,000 employees to work on the filing season for 2018 taxes. Others that take recalled some employees include Treasury, Agriculture and Interior. Those employees continued to be unpaid, though.
Constructive Jan. 20, the State Department recalled furloughed employees and put them on paid status after deciding it could use available funds for at least 2 weeks. At some other agencies, though, employees who had remained on the job and paid have been added to the furlough rolls after such funding maneuvers hit their limit.
Why has the government issued a 2nd round of furlough notices?
Co-ordinate to the Office of Personnel Management, "When a shutdown furlough goes beyond thirty days, agencies must treat information technology as a second shutdown furlough and upshot another furlough notice, as a continuation of the beginning furlough."
These notices must be in writing and may be delivered in one of several ways: through piece of work e-mail, if employees have been told to periodically check it fifty-fifty though they are on furlough; through personal email, if the agency has that accost for the employee; or by mail service.
Considering this is accounted to exist a continuation and non a new furlough, employees are not to return to their worksites to shut out their work every bit they did after the initial notice.
Volition employees in agencies without funding become dorsum pay?
Employees who remain on the job are guaranteed to be paid. Here'south how Office of Personnel Direction guidance puts information technology: "Agencies will incur obligations to pay for services performed past excepted employees during a lapse in appropriations, and those employees will exist paid afterwards Congress passes and the President signs a new appropriation or continuing resolution."
President Trump has signed a pecker to also provide dorsum pay to employees who are furloughed, continuing the practice of past partial shutdowns of paying them, as well.
In both cases, exactly when they would be paid would depend on the timing of the new spending authority and the payroll cycle.
At present that the shutdown has exceeded xxx days, do reduction in forcefulness rules apply?
No. Reduction in forcefulness, or RIF, is a process used to lay off employees in "salve coin" furloughs that exceed 30 days. It does not apply in a shutdown furlough "because the ultimate duration of an emergency shutdown furlough is unknown at the start and is dependent entirely on Congressional activity, rather than agency action. The RIF furlough regulations . . . are just applicable to planned, foreseeable, coin-saving furloughs that, at the offset, are planned to exceed xxx days," Office of Personnel Direction guidance says.
How does a shutdown bear upon federal employee benefits?
Wellness insurance coverage continues during unpaid time. The enrollee share of the premiums accumulates (for upward to a twelvemonth) and is withheld from salary one time the employee returns to pay condition. The enrollee share of the premiums accumulates and is withheld from salary once the employee returns to pay status. For those enrolled in long-term care or vision-dental insurance programs and who pay through payroll withholdings, premiums accrue for several unpaid pay periods. Later on that, they would be billed directly.
Life insurance coverage continues without cost to the employee for an unpaid menstruation up to a year.The shutdown would not bear upon future retirement benefits for current employees unless it drags on much longer than any past shutdowns. A ceremonious service retirement benefit is based on service time and the "loftier three" – the boilerplate salary of the highest-paid consecutive three years with the government. Up to six months of unpaid leave in a calendar twelvemonth counts as creditable service time. Similarly, the high 3 is based on the salary rate, not the salary actually received, for upwardly to 6 months of unpaid exit in a year.
For those with flexible spending accounts, payroll deductions stop for those in unpaid status. They remain enrolled in the program (called FSAFEDS) but tin't be reimbursed for eligible health care claims until they return to pay status and your payroll deductions can be fabricated. Payroll deductions will be subsequently collected to match their annual ballot amount. Eligible dependent care expenses incurred during that fourth dimension, though, are reimbursed up to balance in their dependent intendance accounts, co-ordinate to the Part of Personnel Management.
Considering Austerity Savings Programme investments also are made through payroll withholding, they cannot be made for employees in unpaid condition. For those under the Federal Employees Retirement Organisation employer contributions also are not made, considering they are based on bacon received. In one case those employees render to paid condition, their personal investments and bureau contributions will be fabricated retroactively from the back pay issued. Employees nether the older Civil Service Retirement receive no authorities contributions.
Employees enrolled in their agency kid care subsidy program should contact their agency personnel offices for data.
During a lapse in appropriations, all paid exit or other paid time off is cancelled in afflicted agencies. For employees who had scheduled "use or lose" holiday time (almanac leave) during that menses, "as long as the leave was properly scheduled in advance, agencies must restore any annual leave that was forfeited because of the lapse in appropriations—regardless of whether the afflicted employees were furloughed or excepted from the furlough," the OPM has said.
Can furloughed employees take outside employment or draw unemployment benefits?
They may take outside jobs, just even while furloughed, they remain subject to government ethics rules restricting outside income and conflict of interest policies.They also may utilize for unemployment benefits, which are paid under state laws. Even so, those laws typically impose a waiting period of a week or more before benefits begin, and further require that anyone paid later for furlough fourth dimension must return whatever unemployment benefits they received.
Federal employees applying for unemployment compensation benefits will need documentation to show they had worked for the regime, such as a SF-50 form (the bones identifying class for federal workers), a leave and earnings statement or a W-ii form. Virginia, Maryland, and the District of Columbia have indicated that they will waive the requirement for federal employees to expect for work in lodge to receive unemployment compensation.
All the same, the federal government's position is that those who are "excepted" and continuing to work without pay are not eligible for unemployment bounty unless they are performing that work only on an intermittent basis.
Can furloughed employees have loans or withdrawals from their Thrift Savings Plan accounts?
Normally, investors in the 401(thou)-style program for federal employees cannot take out loans while in unpaid status because loans must be repaid through payroll withholding. But at that place is an exception for a partial shutdown since there is an expectation that employees volition be back in paid status by the fourth dimension those repayments would take to brainstorm.
A "financial hardship" withdrawal as well may exist an option if the private'south situation meets the qualifications for taking such a withdrawal. Those withdrawals are not repaid and thus permanently deplete their savings, however.
Incidentally, because the TSP is non affected by the partial shutdown — it is i of those self-funding agencies — it is continuing its operations equally normal, including making distributions to those taking withdrawals from their accounts after retirement.
Federal employees who are going unpaid because of the partial government shutdown do non need to worry, at to the lowest degree for now, about beingness alleged in default on loans they have taken against their Thrift Savings Program retirement savings accounts, the TSP said.
Has the shutdown affected pay of federal employees in agencies not affected by the partial shutdown?
No. Most all federal employees are paid on a biweekly cycle. Of the iv major payroll providers that agencies use, three are operated by agencies affected past the partial shutdown — the Interior and Agriculture departments and the Full general Services Assistants. However, they accept kept plenty employees on the chore to go along making pay distributions.
What about members of Congress, political appointees and the president?
Here's what a Congressional Research Service study has to say: "With regard to the President's pay, Article Two, Department ane of the Constitution forbids the salary of the President to be reduced while he or she is in role, thus effectively guaranteeing the President of bounty regardless of any shutdown activeness."
Congress, including both members and staff, is not affected because it is funded by one of the appropriations bills that did pass into law last fall.
In any event, the CRS written report says regarding members Congress that "Due to their constitutional responsibilities and a permanent appropriation for congressional pay, Members of Congress are not subject to furlough. Additionally, Article I, Department six, of the Constitution states that Members of Congress 'shall receive a Compensation for their Services, to be ascertained by Constabulary, and paid out of the Treasury of the Usa,' and the 27th Subpoena states, 'No law, varying the compensation for the services of the Senators and Representatives, shall accept effect, until an election of Representatives shall take intervened.'"
Dozens of lawmakers take said they will refuse or donate their pay as long as whatsoever office of the government is closed.
Guidance from the Function of Personnel Management says the large majority of political appointees "are not subject to furloughs because they are considered to be entitled to the pay of their offices solely past virtue of their status as an officer, rather than by virtue of the hours they piece of work. In other words, their compensation is attached to their office, and, by necessary implication of the President's authority to engage such employees, their service nether such an date creates budgetary obligations without the need for boosted statutory authorization." The exception is that the relatively few political appointees in the Senior Executive Service, nether one,000, are field of study to being furloughed because they fall under the regular federal employee leave policies.
Has the shutdown affected federal retirees?
Annuity payments come from a trust fund that is non afflicted past a lapse in appropriations, and so the coin is available to pay them. Annuity payments are paid around the first business 24-hour interval of each month. The retirement processing functions at the Part of Personnel Management also are non funded through appropriations, so they go along as normal.
However, for federal employees who applied to retire during the shutdown period, there are potential delays. That's because earlier OPM can process the application, the employing agency must transport it certain information, and staff may not be available in shuttered agencies to do that.
And with no confirmation from OPM that someone has retired, the Thrift Savings Plan continues to treat that person equally still currently employed. As a result, they cannot take advantage of the wider withdrawal options available to retirees.
Where in the country are federal workers going without pay?
The most federal workers afflicted by the shutdown are, unsurprisingly, in the Washington area. But workers going without pay are non confined to D.C.
A Post assay constitute that as a percentage of all workers, federal employees affected by the shutdown are every bit common in Montana and Alaska as they are in Maryland. The top places exterior the Washington area where agency workers affected by the shutdown are virtually concentrated are Alaska, Montana, Wyoming, New Mexico, South Dakota, West Virginia and Idaho.
See the state-by-state breakdown hither.
What about contractor employees?
The authorities relies heavily on a contractor workforce for services ranging from building operations to providing provide expertise that the authorities lacks, particularly in hard-to-hire areas such as technology and it, where federal agencies take lagged behind the individual sector.
The condition of contractor employees varies when the agencies they are servicing go into a partial shutdown. Considerations include whether the work is accounted necessary for reasons such equally the protection of health or rubber; whether the federal employees who supervise the contract will be on the job or not; whether the work could continue without such supervision if non; whether the work is funded under a multi-twelvemonth appropriation; whether the contractor has been paid in advance; and much more.
Whether they are paid for working time they miss due to a shutdown of those agencies is up to their own employer.
How are employees coping?
For many, it's tough. Some federal workers and contractors affected by the shutdown have turned to crowdfunding sites, like GoFundMe, to heighten funds for rent and bills.
The Coast Baby-sit, which receives funding from the Department of Homeland Security, published online a tipsheet for furloughed employees, offering a diversity of suggestions, from garage sales to serving as a "mystery shopper." "Defalcation is a last option," the document from the Declension Guard Support Plan, says.
Will I notwithstanding be able to visit the national parks and monuments?
This year, Trump administration officials have fabricated a precedent-setting decision to keep national parks and public country "equally accessible equally possible" in the outcome of a shutdown, Interior Department spokeswoman Heather Swift told The Post. Officials said the anticipated plan is to keep many parks open for hiking, wild fauna watching, snowshoeing and cross-country skiing. Open up-air parks and monuments in Washington volition remain open. Other services that require park staff, including campgrounds and concessions, will close.
The parks were shuttered during two past authorities shutdowns, in 1995 and 2013, when Republicans controlled Congress and a Democrat sat in the White Business firm. It was a political disaster, i Trump officials hope to avoid considering they don't desire to exist blamed for ruining vacations or keeping veterans from war memorials.
The Park Service has tapped entrance fees to pay for expanded operations at its nearly popular sites equally the practise of keeping parks open simply understaffed has become unsustainable at some of its most beloved sites.
Will the shutdown also halt the investigation into Russian meddling in the 2016 election?
Special counsel Robert S. Mueller III'due south investigation will continue as planned because it is funded by a permanent indefinite appropriation, rather than an almanac cribbing dependent on Congress. Employees with the special counsel'southward office are exempt from furlough.
Will my mail all the same go far?
Will I still receive Social Security or other benefits?
Recipients of Social Security, Supplemental Security Income (SSI), unemployment insurance, Temporary Assistance for Needy Families (TANF), food stamps and some other programs will continue to receive their benefits. The programs' spending is non dependent on Congress's explicit funding.
Will I get a revenue enhancement refund if the authorities is still airtight?
It looks like yeah; Trump assistants lawyers ruled Monday that refunds could be processed during the shutdown, a dramatic reversal of by legal precedent.
Does the shutdown affect food stamps?
The Trump assistants pledged that Americans will receive food stamps through February, only officials could not promise those benefits will go along if the shutdown lasts until March.
Congress has approved funding for the Supplemental Nutrition Assistance Programme through only January, fueling business organization food benefits used by 38 million Americans would expire amongst the upkeep stalemate in Washington.Simply Agriculture Section officials said that they will requite states the coin for Feb's food stamps alee of time — by Jan. 20 — to circumvent the expiration of federal appropriations. States, which administer the SNAP programme, will have to ask for the coin to be allocated earlier than they normally would.
What are the effects of the Section of Agriculture's lack of funding on farmers?
The administration has extended a deadline for farmers to utilize for relief after the trade state of war with Communist china sent exports of soybean and other crops plummeting. Farmers who did not certify their crop production earlier the shutdown can't do so until the authorities is running over again. Also, the authorities shutdown means several primal economic reports and other economic data will be delayed — including measures of how many tons of surplus soybeans are still sitting unshipped in grain storage, for example.
What are the effects on the inspections of the nation's food supply?
The Food and Drug Administration, which oversees 80 percent of the food supply, has suspended all routine inspections of domestic food-processing facilities, FDA Commissioner Scott Gottlieb said in an interview. He said he's working on a plan to bring back inspectors equally early equally next week to resume inspections of high-risk facilities, which handle foods such as soft cheese or seafood, or have a history of problems.
What are the furnishings on federal prisons?
About 36,000 federal prison workers deemed "essential employees" by the U.S. government are working without pay beyond the nation. According to union officials at 10 prisons reached by The Washington Post, the number of employees who are not showing up for work has at least doubled since the shutdown began, requiring those who are showing upwardly routinely to piece of work double shifts. At at to the lowest degree ane prison house — Hazelton Federal Correctional Complex in West Virginia — the number of assaults on officers has increased since the shutdown, according to a matrimony official there.
What are the effects on scientific research?
Of the 800,000 federal employees furloughed or working without pay, thousands are researchers. These include agency scientists at the Agriculture Department, the National Institute of Standards and Applied science, the National Oceanic and Atmospheric Administration (NOAA), the National Science Foundation and the U.S. Geological Survey.
"The current government shutdown has far-reaching effects that put America's scientific progress at run a risk. While in that location are reports that agencies such as NOAA and the USGS are still issuing alerts nigh weather and natural hazards, much of the scientific inquiry into how to prevent these kinds of disasters has stalled," said Christine McEntee, executive director of the American Geophysical Union. "This shutdown could bear upon the EPA'south power to meet deadlines for assessing chemicals, and NOAA isn't able to track fish for commercial harvesting or endangered species to protect them from passing ships."
What are the effects on regime websites?
A ascension number of federal websites are falling into disrepair.
In the by week, the number of outdated Spider web security certificates held past U.S. government agencies has exploded from almost fourscore to more than 130.
Various online pages run by the White Business firm, the Federal Aviation Administration, the National Archives and the Department of Agriculture appear to be afflicted by the latest round of expirations.
Security experts say the result could have unintended consequences for Cyberspace users of all skill levels.
What are the furnishings on the Justice Department?
Many attorneys and judges at the Department of Justice are not working and cases are waiting. Justice Department employees involved in criminal investigations and prosecution are amongst those working without a paycheck.
The shutdown delays almost all federal civil cases, including discrimination cases, whistleblower cases, disciplinary cases and retaliation actions taken against federal employees. It further backlogs thousands of immigration courtroom cases.
What are the furnishings on the TSA?
The Transportation Security Administration seems to take been noticeably impacted by the shutdown.
Airports across the country are facing staffing shortages as "many employees are reporting that they are non able to report to piece of work due to financial limitations."
Every bit of Jan. 16, numbers from the agency showed 6.ane percent of employees – nigh 1 out of every sixteen workers – did non come to work.
TSA said the call-outs have forced three major airports — Atlanta, Houston and Miami — to operate under contingency plans meant to address various disruptions. Miami temporarily airtight a concluding, and Houston has been operating with a major checkpoint airtight.
Equally always, airlines and aerodrome officials advise passengers to allow enough of fourth dimension to get through security.
Global Entry program applicants may face delays since many appointments have been canceled due to the shutdown. TSA'south Precheck plan, which is funded by user fees, is standing to accept applications.
Ane small vivid spot for TSA workers: Existing TSA coin volition be used to pay those who worked Dec. 22, the twenty-four hour period the shutdown began; $500 bonuses will also be given to those who worked during the busy Christmas season.
What are the effects on the FAA?
During this shutdown, more than 24,000 Federal Aviation Administration employees have been working without pay, while more than 17,000 have been furloughed, including those who railroad train and support air traffic controllers.
The National Air Traffic Controllers Association has filed suit against President Trump and other federal officials, alleging they are being deprived of their "hard-earned bounty without the requisite due process."
In a show of support, Canadian air traffic controllers pitched in to ship pizza to their American counterparts.
What are the effects on the economy and small businesses?
JPMorgan estimates the U.S. economy is losing more than than $one.five billion a calendar week considering of the shutdown, a fraction of the $20 trillion economic system. Fitch Ratings warned January. 9 that an extended shutdown might damage the country's Triple-A credit rating. The Pocket-sized Concern Assistants stopped processing new loans on December. 22.
What other issues are looming?
Deadlines are withal imminent for several programs that could cease operations soon. Bank check out a timeline here.
What are the effects on tourism and businesses?
It's a slower calendar month for tourism, just the partial shutdown has deepened the lull, with Smithsonian institutions closed.
Concern owners, taxi drivers and others who rely on foot traffic have watched revenue slump as parts of the government footing to a halt. Businesses shut to closed attractions are seeing a drib in customers. Non-Smithsonian museums are reporting an increase in visitors.
What nigh contractors and other companies that rely on the government?
The economic effect on greater Washington's government-centric business community is starting to extend beyond the smallest, nearly vulnerable companies to include multibillion-dollar companies.
Executives from the government services giant Science Applications International Corp. (SAIC) said the shutdown is costing the company tens of millions of dollars as it approaches the stop of its fiscal year. And representatives from the Aerospace Industries Clan trade grouping said it could injure U.Due south. exporters by holding up already-cumbersome export control paperwork.
Does the federal government have local bills to pay?
A top DC Water official said the Treasury Department emailed last week to say that it "volition merely collect and remit" about $10.5 million of the $xvi.5 million that federal agencies owe the urban center water and sewer authority for the second quarter of fiscal year 2019.
But, "since the Federal regime pays in advance, its account is non past due, and DC H2o is non contemplating shutting off water to whatever Federal backdrop," the agency said in a statement.
What furnishings are charities seeing?
The Capital Area Nutrient Bank'south Hunger Lifeline has received an influx of inquiries from furloughed and unpaid regime workers, contractors and others who aren't certain when they'll see another paycheck. Nonprofit organizations that help struggling families say Jan and February are the worst 2 months for donations.
The Capital Expanse Nutrient Bank, which serves about 700,000 people in the Washington region each yr, distributes nearly 3 meg meals in a typical January. This month, the nonprofit is expecting to see a 10 to twenty percentage increase — or a difference of 300,000 to 600,000 meals, which could cost upwards to $300,000.
What are the effects on Metro?
Metro is feeling squeezed by the shutdown.
In a letter of the alphabet sent to U.S. senators representing the region that Metro serves, Metro General Managing director Paul J. Wiedefeld estimated daily losses around $400,000 due to a decrease in daily rail and Metrobus ridership.
The transit agency has estimated federal workers make up twoscore percent of its rush-hr ridership.
The bear upon could go more acute as the shutdown stretches on, because February Smartbenefits will not exist distributed for the month if the shutdown stretches beyond Jan. 21.
If the shutdown persists, WMATA may be forced to ask local jurisdictions for more than coin to support its operating budget, scale dorsum service to compensate some of its costs or find savings elsewhere.
Credits
Text written and compiled by Terri Rupar, Sarah Dunton, Eric Yoder, Lisa Rein and Katie Mettler. Blueprint and development by Courtney Kan, Jake Crump and Benjamin Din.
Originally published January. 18, 2018.
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Source: https://www.washingtonpost.com/graphics/2018/politics/government-shutdown-faq/
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