The Mosaic Times

Leader in Local & Global News

Nothing Shuts. Spending Becomes Illegal.

Furloughed staff get paid for the days they did not work, by law since 2019. Whatever a shutdown is for, it is not for saving money, and the word does the misleading.

Wide photograph of an ordinary open plan government office, entirely empty of people, with the overhead lights still on. Rows of gray cubicles, chairs pushed back at odd angles, monitors dark but papers and folders still stacked on the desks, a cardigan over one chair back.

The four days just ended cost money and saved none of it.

Federal workers who were furloughed will be paid for the days they did not work, and federal workers who were required to keep working without pay will be paid for those days too. That is not a policy choice made this week. It is the Government Employee Fair Treatment Act of 2019, passed after the thirty five day shutdown of that winter, which made back pay automatic rather than something Congress had to vote on afterwards each time.

So the payroll was not avoided. It was deferred, and then paid, with the administrative cost of stopping and restarting several hundred thousand people’s work laid on top. Whatever a shutdown is for, it is not for saving money, and any account of one that treats it as a spending cut has the sign wrong.

There is a measured version of this. After the thirty five day lapse of 2018 and 2019, the Congressional Budget Office put the cost at about $11 billion in reduced economic output, of which roughly $8 billion came back as delayed work and delayed spending caught up, and about $3 billion did not, ever. That is a permanent loss of roughly two hundredths of one percent of a year’s economic output, produced by a dispute that was not about two hundredths of one percent of anything.

Four days is not thirty five and the arithmetic does not scale neatly, since a short lapse avoids most of the deep damage and keeps most of the fixed cost of stopping and starting. But the direction is not in doubt, and it is the opposite of the one the word implies.

What follows is the mechanism, because the word shutdown does most of the misleading here.

The law that actually operates

Nothing closes because someone decides to close it. The operative instrument is the Antideficiency Act, which forbids a federal official from obligating the government to spend money that Congress has not appropriated. It is an old statute and its purpose is straightforward: the power of the purse means nothing if officials can spend first and ask later.

When an appropriation lapses, the agency does not receive an instruction to shut. It receives a legal bar. Its officials may no longer enter into obligations, which means they may not buy things, may not sign contracts, and may not accept the work of employees, because accepting work creates an obligation to pay for it.

That last clause is why staff are sent home rather than asked to carry on unpaid as a gesture. A manager who lets a furloughed employee keep working is not being generous. They are committing a violation with criminal penalties attached.

The two words that decide who keeps working

Everyone in a lapsed agency falls into one of three groups, and the vocabulary is worth getting right because the press routinely blurs it.

Exempt activities are not funded by the lapsed appropriation at all. Social Security payments continue because they are mandatory spending authorized by permanent law, not by the annual bills. Programs running on fee income, multi-year money or carryover balances continue until that money runs out. These are not being generously spared. They were never inside the lapse.

Excepted activities are inside the lapse and continue anyway, because the Act has always permitted obligations necessary for the safety of human life or the protection of property. Air traffic controllers, most law enforcement, the people who run the power and water at federal facilities. They work, and they are not paid until the lapse ends.

Everyone else is furloughed, which is a specific legal state rather than a holiday: they are barred from working, including from home, including from checking email.

This is why a shutdown looks so uneven from outside. The visible closures are the discretionary, non excepted things with a front door: parks, museums, permit offices, helplines. The invisible continuation is most of what the government actually does. Neither tells you much about the size of the lapse.

Why only half the government was in it

The thing that ended on Tuesday was a partial lapse, and the reason is the state of the twelve annual appropriations bills.

Congress funds the government through twelve separate bills, one per group of agencies. They do not have to pass together and this year they did not. Several had already been enacted, and the agencies they cover were unaffected throughout: their money was lawfully appropriated and the Antideficiency Act had nothing to bite on.

The rest were running on a continuing resolution, which is a stopgap that extends last year’s funding levels for a fixed period. When that expired at the end of 31 January, those agencies lapsed. The list included Homeland Security, Defense, State, Treasury, Labor, Education, Health and Human Services, Housing and Urban Development, and Transportation, which is why roughly half the departments were affected and the other half never noticed.

How it ended, and what it left behind

It ended the way these things usually do, with a package assembled to get past the immediate problem. Five more appropriations bills were advanced, and alongside them a further continuing resolution covering the Department of Homeland Security for two weeks. The House cleared it on 3 February and the lapse closed.

Five bills becoming law is real progress and should be counted as such. Those agencies now have full year funding and are out of the cycle entirely until the autumn.

The two week extension is the part to keep an eye on.

What is unresolved

A two week continuing resolution is not a funding decision. It is a decision to decide later, and the length is the tell: two weeks is not enough time to negotiate anything substantial, so it is time bought for a negotiation that has to happen anyway.

What it also does is isolate one department. Every other agency now has either full year money or a longer runway. Homeland Security has fourteen days. If the underlying disagreement is not settled in that window, the next lapse will not look like this one at all, because it will not be spread across half of the government where the pain is diffuse and the political blame is shared.

It will be a single department, with a single set of employees, doing a single set of jobs that are unusually easy to describe and unusually contested, and both sides will know in advance exactly whose paycheques are the leverage.

That is a materially different kind of fight, and the fourteen days start now.