Government shutdowns in the United States

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For the currently ongoing government shutdown, see United States federal government shutdown of 2018–2019.

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In United States politics, a government shutdown occurs when Congress fails to pass sufficient appropriation bills or continuing resolutions to fund federal government operations and agencies, or the President refuses to sign into law such bills or resolutions. In such cases, the current interpretation of the Antideficiency Act requires that the federal government begin a "shutdown" of the affected activities involving the furlough of non-essential personnel and curtailment of agency activities and services. Essential employees are still required to work without pay until the government reopens, when they may then receive back pay. These employees may include medical professionals in the Veterans Hospitals and TSA agents.

Since 1976, when the current budget and appropriations process was enacted, there have been 22 gaps in budget funding, 10 of which led to federal employees being furloughed. Prior to 1990, funding gaps did not always lead to government shutdowns, but since 1990 the practice has been to shut down the government for all funding gaps. Shutdowns have also occurred at the state, territorial, and local levels of government.

During the Ronald Reagan administration, there were a total of eight shutdowns lasting four days or less. Reasons were arguments over the fairness doctrine, welfare package, water/crime fighting packages, foreign aid cuts, MX missile funding, needed spending bills and cuts in defense. A funding gap in 1990 during the George H. W. Bush administration caused a weekend shutdown. During the Bill Clinton administration, there were two full government shutdowns during 1995 and 1996 lasting five and 21 days respectively, based on disagreement on whether to cut government services. During the Barack Obama administration, a 16-day government shutdown occurred during October 2013 over Democrats and Republicans not coming to an agreement for the Patient Protection and Affordable Care Act, known colloquially as Obamacare.[1] Three funding gaps have occurred during the Donald Trump administration: a three-day shutdown during January 2018; a funding gap that occurred overnight on February 9, 2018, which did not result in workers being furloughed (not included in list below);[2][3] and an ongoing shutdown that began during December 2018, over proposed funding for a US–Mexico border wall.[4][5]

Government shutdowns have the effect of disruption to government services and increased cost to the government due to lost labor. During the 2013 shutdown, Standard & Poor's, the financial ratings agency, stated on October 16 that the shutdown had "to date taken $24 billion out of the economy", and "shaved at least 0.6 percent off annualized fourth-quarter 2013 GDP growth".[6]

Overview

Under the separation of powers created by the United States Constitution, the United States Congress has the sole power of the purse and responsibility for appropriating government funds. Like other bills, appropriations must be passed by both the House of Representatives and the Senate. Upon passage of a final version by both houses, they go to the President of the United States. If the President signs the bills, they become law. If instead the President vetoes them, they go back to Congress, where the veto can (in rare instances) be overridden by a two-thirds vote of both houses.

Government shutdowns tend to occur when the President and one or both of the chambers of Congress are unable to resolve disagreements over budget allocations before the existing budget cycle ends.[7][8]

Initially, many federal agencies continued to operate during shutdowns, while minimizing all nonessential operations and obligations, believing that Congress did not intend that agencies close down while waiting for the enactment of annual appropriations acts or temporary appropriations. In 1980 and 1981, however, Attorney General Benjamin Civiletti issued two opinions that more strictly interpreted the Antideficiency Act in the context of a funding gap, along with its exceptions. The opinions stated that, with some exceptions, the head of an agency could avoid violating the Act only by suspending the agency’s operations until the enactment of an appropriation. In the absence of appropriations, exceptions would be allowed only when there is some reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property.[9] However, even after the Civiletti opinions, not all funding gaps led to shutdowns. Of the nine funding gaps between 1980 and 1990, only four led to furloughs.[10]

Shutdowns of the type experienced by the United States are nearly impossible in other forms of government. Under the parliamentary systems used in most European nations, the executive must maintain the approval of the legislature to remain in power (confidence and supply), and typically an election is triggered if a budget fails to pass (loss of supply). In other presidential systems, the executive branch typically has the authority to keep the government functioning even without an approved budget.[11]

Effects

Units of the National Park System are closed during a federal government shutdown. Shown here is the National Mall closed during the 2013 shutdown.

While government shutdowns prior to the 1995–1996 shutdowns had very mild effects, a full federal government shutdown causes a large number of civilian federal employees to be furloughed. During a government shutdown, furloughed government employees are prohibited from even checking their e-mail from home. To enforce this prohibition, many agencies require employees to return their government-issued electronic devices for the duration of the shutdown.[12]

Economic data shows that despite the inconvenience arising from a protracted government shutdown (such as the one seen in 2013), any GDP damage or falling job market confidence that results can be managed with relative ease. For example, despite seeing payment delayed to 1.3 million workers, and 800,000 employees locked out,[13] confidence in the job market recovered within a month of the 2013 shutdown,[14][15] and GDP growth slowed only 0.1–0.2%.[13] Still, the loss of GDP from a shutdown is a bigger sum than it would cost to keep the government open.[16]

However, the complete effects of a shutdown are often clouded by missing data that cannot be collected while specific government offices are closed.[13]

Additionally, some effects of the shutdown are difficult to directly measure, and are thought to cause residual impacts in the months following a shutdown. Some examples include destroyed scientific studies, lack of investment, and deferred maintenance costs.[17][18]

The exact details of which government functions stop during a shutdown is determined by the Office of Management and Budget.[19] "Emergency personnel" continue to be employed, including the active duty (Title 10) military, federal law enforcement agents, doctors and nurses working in federal hospitals, and air traffic controllers.[19] For the Department of Defense, at least half of the civilian workforce, and the full-time, dual-status military technicians in the US National Guard and traditional Guardsmen (those on Title 32 status) are furloughed and not paid while the shutdown is in effect.[20][21] Members of Congress continue to be paid, because their pay cannot be altered except by direct law.[22] Mail delivery is not affected as it is self-funded and the funds are not appropriated by Congress.[23] Programs that are funded by laws other than annual appropriations acts (like Social Security) may also be affected by a funding gap, if program execution relies on activities that receive annually appropriated funding.[9]

Shutdowns in the past have also affected the Washington, D.C. municipal government, closing schools and suspending utilities such as garbage collection.[24]

List of federal shutdowns

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See also: List of United States federal funding gaps

This list includes only funding gaps that led to actual employee furloughs. Not all funding gaps have led to shutdowns, even after the Civiletti opinions of 1980 and 1981.[10] For example, a brief funding gap in 1982 did not involve furloughs, with nonessential workers told to report to work but to cancel meetings and not perform their ordinary duties;[25] a three-day funding gap in November 1983 reportedly led to no disruption to government services;[10] and in 1984 it was considered rare for a funding gap to cause federal employees to be actually ordered to cease work.[26] Similarly, a 9-hour funding gap on Friday, February 9, 2018 (related to the January 2018 shutdown) did not lead to any workers furloughed or government services disrupted.[27][28]

1980

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Main article: United States federal government shutdown of 1980

On May 1, 1980, the Federal Trade Commission (FTC) was shut down for one day after Congress failed to pass an appropriations bill for the agency. It occurred just days after the issuance of Civiletti's opinion on April 25.[29] This was the first time a federal agency shut down due to a budget dispute.[30] Federal Marshals were deployed to some FTC facilities to enforce the shutdown.[31] 1,600 workers were furloughed, and the shutdown cost $700,000.[29][32]

1981, 1984, and 1986

File:1981 government shutdown White House phone message.mp3On November 23, 1981, 241,000 federal employees were furloughed for one day.[33] The shutdown occurred because President Ronald Reagan vetoed a spending bill that contained a smaller set of spending cuts than he had proposed.[34] The shutdown was estimated to cost taxpayers $80–90 million in back pay and other expenses.[33] Not all government departments shut down during the funding gap.[35]

On October 4, 1984, 500,000 federal employees were furloughed for one afternoon.[33] This shutdown occurred due to the inclusion of a water projects package and a civil rights measure that Reagan opposed. The bill was passed the following day after Congress removed these programs, and also included a compromise on funding of the Nicaraguan Contras.[34] The shutdown only covered nine out of the 13 appropriations bills that had not been passed at that point.[26] Back pay was estimated at $65 million.[33]

On October 17, 1986, 500,000 federal employees were furloughed for one afternoon over a wide range of issues.[33][34] The cost was estimated at $62 million in lost work.[33]

1990

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Main article: United States federal government shutdown of 1990

The 1990 shutdown occurred over Columbus Day weekend, from Saturday, October 6 through Monday, October 8.[33] The shutdown stemmed from the fact that a deficit reduction package negotiated by President George H. W. Bush contained tax increases, despite his campaign promise of "read my lips: no new taxes",[36] leading to a revolt led by then House Minority Whip Newt Gingrich that defeated the initial appropriations package.[37][38] Because the shutdown occurred over a weekend, the effects of the shutdown were lessened, with the National Parks and the Smithsonian museums being the most visible closures.[33] Around 2,800 workers were furloughed, costing the government $2.57 million in lost revenue and back wages.[39]

1995–1996

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Main article: United States federal government shutdowns of 1995–1996

The two shutdowns of 1995 and 1995–96 were the result of conflicts between Democratic President Bill Clinton and the Republican Congress over funding for Medicare, education, the environment, and public health in the 1996 federal budget. The government shut down after Clinton vetoed the spending bill the Republican Party-controlled Congress sent him. Government workers were furloughed and non-essential services suspended during November 14–19, 1995 (for 5 days), and from December 16, 1995, to January 6, 1996 (for 21 full days), in total 26 days.[9] The major players were President Clinton and Speaker of the U.S. House of Representatives Newt Gingrich.

The first of the two shutdowns caused the furlough of about 800,000 workers, while the second caused about 284,000 workers to be furloughed.[9]

2013

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Main article: United States federal government shutdown of 2013
Letter from President Barack Obama to US Government employees affected by the shutdown in 2013

The 2013 shutdown lasted 16 days, beginning on Tuesday, October 1, 2013. During the shutdown, approximately 800,000 federal employees were furloughed for 16 days, while another 1.3 million were required to report to work without known payment dates.[40] The deadlock centered on the Continuing Appropriations Resolution, 2014. The Republican-led House of Representatives, in part encouraged by conservative senators such as Ted Cruz[41] and conservative groups such as Heritage Action,[42][43][44] offered several continuing resolutions with language delaying or defunding the Patient Protection and Affordable Care Act (commonly known as "Obamacare"). The Democratic-led Senate passed several amended continuing resolutions for maintaining funding at then-current sequestration levels with no additional conditions. Political fights over this and other issues between the House on one side and President Barack Obama and the Senate on the other led to a budget impasse which threatened massive disruption.[45][46][47] Late in the evening of October 16, 2013, Congress passed the Continuing Appropriations Act, 2014, and the President signed it shortly after midnight on Thursday, October 17, ending the government shutdown and suspending the debt limit until February 7, 2014.[48]

2018–2019

January 2018

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Main article: United States federal government shutdown of January 2018

The first shutdown of 2018 began at midnight EST on Saturday, January 20. On January 19, a bill failed to pass the Senate 50–49 with the majority of Democrats voting "no".[49] Five Republicans voted "no" and five Democrats voted "yes" in the Republican majority senate (60 votes were required for passage). Senate Democrats insisted that the issue of immigration, specifically the funding of DACA, be addressed in the budget. Republicans refused to include the issue, saying that the deadline for DACA and immigration was not until mid-March.[50][51] A stop-gap that would fund the government for four weeks passed the House of Representatives, and Republican Senator Mitch McConnell proposed a three-week stop-gap.[49] The government reopened on Tuesday, January 23.[52]

According to estimates by the New York Times, 692,900 workers were furloughed during the shutdown.[53]

In the aftermath of the event, there was a February 9 spending gap, but it did not lead to any workers being furloughed as it was resolved overnight.

December 2018–January 2019

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Main article: United States federal government shutdown of 2018–2019

The second shutdown of 2018 (not including the February 2018 funding lapse related to the January 2018 shutdown) began at midnight EST on Saturday, December 22nd with a House-passed continuing resolution to fund the United States Government awaiting a full floor vote in the Senate.[54] The point of contention was the inclusion of $5.7 billion in funding for a border wall that was a component of a core Trump campaign promise.[55][56] Under pressure from vocal members of his political base such as Ann Coulter and Rush Limbaugh for failing to secure the funding, Trump claimed ownership of the shutdown while in a televised meeting with Democratic leaders Nancy Pelosi and Chuck Schumer.[57][58] This shutdown is ongoing as of January 2019.

The shutdown is classified as a partial shutdown because some of the federal government is still funded. The Department of Defense is funded from the 2018 Omnibus bill. The bill provided two years of funding for the department. Other parts of the government such as Social Security, Medicare, and Medicaid are funded as they are Mandatory spending. Only 25% or 800,000 workers are affected by the shutdown. Roughly 380,000 federal workers were placed on unpaid leave, while some 420,000 “essential” personnel were required to work without pay, including tens of thousands of workers in federal law enforcement and national security positions, such as FBI, Border Patrol, Secret Service and Transportation Security Administration agents. Hundreds of TSA agents at major airports called in sick during the second week of the shutdown, reportedly in protest or to pick up income elsewhere. The Washington Post reported on 4 January 2019 that the Trump administration had not anticipated the shutdown would be prolonged and were now grasping the consequences of an extended shutdown, including sharp reductions in SNAP payments and delays of $140 billion in tax refunds.[59][60][61][62]

The Post also reported on 4 January 2019 that because the shutdown was triggered by the failure to enact spending bills that continued a federal government pay freeze, hundreds of senior Trump administration political appointees would receive a roughly $10,000 pay raise in two days.[63] Vice President Pence's salary would see a $12,800 increase. Hours after the report, Margaret Weichert, the acting director of the Office of Personnel Management, directed department and agency heads to suspend the raises.[64]

On January 4, 2019 Trump asserted he could continue the shutdown for "months or even years" to force funding of the border wall and is considering declaring a national emergency to build the wall without congressional approval.[65][66][67]

In an effort to rally public support for the border wall funding that would end the shutdown, Trump made border security the key talking point of a televised Oval Office address to the nation on January 8, 2019. During the address, Trump asserted that 90% of the heroin sold in America "floods across from our southern border.” As virtually all drugs smuggled across the border flow through legal ports of entry rather than through open border spaces, Trump's assertion is technically correct, but misleading. [68][69]

On January 9, "Democrats remain largely united behind their leadership’s shutdown strategy of refusing to negotiate with Trump on his border wall demand and pressuring Senate Republicans to take up House-passed bills to open up the government." [70]

A Coast Guard Support Program document provided to Coast Guard employees who were furloughed or working without pay suggested they could help make ends meet by holding a garage sale, babysitting, dog-walking or working as a “mystery shopper,” adding that "bankruptcy is a last option." The document was removed from the support program's website after a journalist inquired about it.[71]

State and territory governments

This list is incomplete; you can help by expanding it.
Year Start   date   End    date    Total days Location References
1991 Jul 1 Jul 17 17  Maine [72]
1991 Jul 1 Aug 23 54  Connecticut [72]
1991 Jul 2 Aug 4 34  Pennsylvania [72]
1992 Jul 1 Sep 1 63  California [73]
2002 Jul 1 Jul 3 3  Tennessee [74][72]
2005 Jul 1 Jul 9 9  Minnesota [75]
2006 May 1 May 13 13  Puerto Rico
2006 Jul 1 Jul 8 8  New Jersey [76]
2007 Oct 1 Oct 1 1  Michigan [77]
2007 Jul 11 Jul 12 1  Pennsylvania [78][79]
2009 Oct 1 Oct 1 1  Michigan [80]
2011 Jul 1 Jul 20 20  Minnesota

[72]
2015 Jul 1 Jul 6 6  Illinois
2017 Jul 1 Jul 4 3  New Jersey [81][82]
2017 Jul 1 Jul 4 4  Maine [83]

County governments

This list is incomplete; you can help by expanding it.
Year Start date End date Total days Location References
2005 Feb 7 Feb 7 1 Erie County, New York [84][85][86]

See also

U.S.

References

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External links

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