Legislation has been introduced to reimburse federal employees for any fees, interest, and fines they incur as a result of the current partial government shutdown.
The Pay Workers What They’ve Earned Act (H.R. 5628) was introduced by Congressman Steven Horsford (D-NV).
Although federal employees are guaranteed back pay during government shutdowns thanks to a 2019 law, the Government Employee Fair Treatment Act of 2019 (S. 24), Horsford says that “too many federal employees [are] struggling to make ends meet” during the shutdown and as a result may end up with fines and interest stemming from missed payments on bills or rent from delayed paychecks. The legislation is intended to address that for not only federal employees but also government contractors and state and tribal governments.
The bill would do the following:
- Pay federal employees and contractors during a government shutdown to cover the fees, interest and fines incurred due to the lapse in appropriations by setting up a reimbursement verification mechanism with the Department of Treasury.
- Ensure that the federal government reimburses states that have utilized state budget funds to cover federal programs within the next 90 days after a shutdown.
- Establish a reserve fund for federal employees and contractors who may be furloughed during any future partial government shutdowns.
As currently written, the text of the legislation states that applicable employees would be “paid for any shutdown cost at the earliest date possible after the date of enactment” of the bill for the current government shutdown.
With respect to any future shutdowns, the legislative text states that federal employees would be paid for shutdown costs at the earliest date possible after a lapse in appropriations of 14 days or longer if the legislation were to become law as currently written.
Horsford said in a statement, “A GOP shutdown would mean too many federal employees struggling to make ends meet, and too many state and local governments covering federal expenses. The Pay Workers What They’ve Earned Act will ensure the federal government doesn’t leave others with its bills, and ensures public servants have the support they need during uncertain times.”
Other Recently Introduced Legislation Related to the Current Government Shutdown
Other lawmakers have introduced bills as a result of the ongoing partial government shutdown:
- The Emergency Relief for Federal Workers Act would allow federal employees to withdraw from their TSP accounts without penalties and ensure that the funds could be put back at a later date.
- The Eliminate Shutdowns Act would establish 14-day automatic continuing resolutions at previous government funding levels to prevent a lapse in appropriations.
- The Securing Assurance for Federal Employees (SAFE) Act would block the Trump administration from firing federal employees via RIFs during the current and any future government shutdowns.
- H.R. 5676 would also prohibit agencies from firing federal employees during a lapse in appropriations.
- The Government Shutdown Prevention Act would prevent shutdowns by instituting automatic continuing resolutions to keep the government running at 94% of the previous year’s funding level, decreasing by 1% every 90 days until Congress completes its work.
- The End Government Shutdowns Act would enact automatic continuing resolutions if Congress fails to pass a budget and maintain government funding at 99% of the previous year’s level for 30 days, then reduce it by 1% every 30 days until a budget is passed.
Where Did the Concept of a Government Shutdown Originate?
Before 1980, the concept of a federal government “shutdown” did not exist in its current form. Even when Congress failed to allocate funds for the government’s continued operations, federal employees continued to work and were paid, usually with a delay until funds were approved, but the situation was resolved without the political drama and blame games from both parties that modern government shutdowns have created.
The concept of shutting the government down came out of the Carter administration when then attorney general Benjamin Civiletti issued a legal opinion in 1980 in which he concluded that the president has the constitutional authority to perform essential functions and ensure the federal government’s “workability.” This is the basis for the distinction between essential and nonessential workers.
Technically, a future Attorney General could issue a different legal opinion and overturn Civiletti’s interpretation. Historically, such shutdowns were not the intent of Congress in the late 19th or early 20th centuries. And for over a century—from the post-Civil War era through the 1970s—the federal government weathered funding gaps without drama or disruption.
