When the Government Employee Fair Treatment Act of 2019 was signed into law by President Trump, it was a rare bipartisan effort to ensure that federal employees wouldn’t be punished when Congress failed to do its job. The law guaranteed that all federal employees—whether furloughed or working without pay—would receive automatic back pay following a government shutdown.
It was a hard-earned victory after the longest government shutdown in U.S. history (December 2018 to January 2019). The law offered a basic promise: public servants will be paid, even when politics fails.
But now, even that promise is under threat.
A New Fight Over an Old Promise
During the 2025 government shutdown, the Trump administration’s Office of Management and Budget (OMB) released a memo arguing that the 2019 law doesn’t actually authorize back pay—and that Congress must act again to approve payments.
This is not only a bad-faith reading of the law, it’s a dangerous precedent.
Legal experts, bipartisan lawmakers, and federal employee unions have made it clear: the law does guarantee back pay. The legislative intent is unambiguous. This was designed to avoid turning hundreds of thousands of paychecks into political hostages. But the new interpretation reopens that door—and shows just how fragile protections can be without deeper reform.
Shutdowns Hurt Workers—And They Don’t Work
The truth is, government shutdowns are not constitutional requirements. They’re a modern invention—made possible by a particular reading of the Antideficiency Act, which bars government agencies from spending money not appropriated by Congress. That law makes sense in theory—but Congress has found every loophole except the one that matters: ensuring timely, responsible budgeting.
Meanwhile, shutdowns don’t actually save money. They don’t improve governance. They don’t reduce the national debt.
In fact, most government operations—Social Security, Medicare, Medicaid, debt interest payments—continue during a shutdown, representing more than 70% of federal spending. That means the "pain" of a shutdown is concentrated on the agencies that manage veterans’ benefits, federal workers’ salaries, and public services.
Even worse: those are the parts of the budget that aren’t driving the deficit. When shutdowns hit, the “deficit-neutral” parts of government stop, while the “deficit-heavy” spending continues.
It’s fiscally nonsensical.
The Fix: End Shutdowns Forever
The problem isn’t just shutdowns—it’s the incentive structure. Right now, some members of Congress think they can use shutdown threats to win political battles. But this tactic is harmful and increasingly ineffective. Most Americans don’t feel the impact directly, and those who do are often the same public servants who work to keep things running—without pay.
It’s time to take the shutdown card off the table.
Here’s how:
Reform the Antideficiency Act to ensure automatic continuing appropriations at current levels when Congress fails to act.
Guarantee back pay not just to federal employees, but also to federal contractors, who often go unpaid even after shutdowns end.
Tie Congressional pay to budget performance. If Congress misses funding deadlines, their pay should be withheld until a budget is passed.
Strengthen incentives for bipartisan appropriations, including fast-track rules for continuing resolutions.
Shutdowns are a symptom of broader dysfunction. But they are entirely preventable—and Congress has the power to end them permanently.
Public Servants Deserve Better
Government employees shouldn’t be forced to wonder whether they’ll get paid—especially while continuing to work during a shutdown. And Americans shouldn’t be left wondering if the next budget crisis will close their local VA office or delay essential services.
America always pays its debts. Let’s start acting like it.
It’s time to build a budget system that reflects our values—and treats public service with the respect it deserves.