4 ms·

The recent interpretations of the anti-deficiency act (https://www.gao.gov/legal/appropriations-law-decisions/resources https://www.gao.gov/legal/appropriations

The recent interpretations of the anti-deficiency act (https://www.gao.gov/legal/appropriations-law-decisions/resources https://www.gao.gov/legal/appropriations-law-decisions/resou...) means that the government can be shut down unless functions endanger "life" or "property". Congress could amend the anti-deficiency act to fund the government at previous levels, but that would remove the shutdown process as a political cudgel.

Spoom 8y ago
> that would remove the shutdown process as a political cudgel Which, IMHO, should absolutely be done.
- metalliqaz 8y ago
  Our current government is holding a gun to its own head in an attempt to negotiate. It's children vs adults and the children have all the power. What "should" be done is unlikely to happen. :(
benj111 8y ago
I came to ask the same question as the parent. This is an answer, but what are the politics of it? Eg you could make an argument that government only maintains things (ie property and life) for the public good, therefore all state employees are required lest they endanger life and property. You could certainly make the case that air traffic controllers are essential to life. Try landing planes at a busy airport without them.
- whorleater 8y ago
  Air traffic controllers are essential to life, which is why they are asked to go to work currently. Not getting paid is a different question entirely.
  - benj111 8y ago
    Oh ok, I understood your link to mean payment was allowed where essential. Aren't some people getting paid? aren't they deemed essential?!? Am I looking for sense where there isn't any?!
    - whorleater 8y ago
      There are multiple layers in this shutdown: 1. This is a "partial government shutdown", so only some agencies (homeland security, state, SEC, etc) are affected. Some agencies like the Department of Defense are not affected and funded at previous levels. And 2. There are different levels of "federal workers": - "Essential" employees: government workers whose job are deemed to endanger "life" or "property", so they are working without pay and told to report to work. These people will (very likely receive back pay once the shutdown ends) - "Nonessential" government employees: people who are not currently working and not receiving paychecks. These people will also most likely receive backpay once the shutdown ends. - Federal contractors: janitors, drivers, caterers, temporary staff, part time staff, paid interns, etc are not currently working and will most likely not receive backpay once the shutdown ends. Note that with very few exceptions (like congressmen/congresswomen/senators, etc) most people in the federal government who are affected by the shutdown are not getting paid currently at all, even if they are told to show up to work.
      - pc86 8y ago
        Just to clarify on your second point, specifically re: essential employees. Essential employees will 100% receive pay (no "very likely"). By law, they must be paid when the government reopens. No essential employee has ever worked and not (eventually) been paid for it. Nonessential employees will receive pay almost certainly. While legally, since they're not working, they could not be paid, paying them takes an act of Congress. In every shutdown, all nonessential personnel have been paid for the time they would have worked once they return. It would be unprecedented for them not to get paid, and there would be huge backlash if they weren't paid. I'm sure most of them are expecting it and not making other arrangements. Contractors working directly for the government aren't working and won't get paid as you said, however if they're working through a firm, they are most likely working at their employer's office on another project and being paid normally, assuming there's work.

Spoom 8y ago

> that would remove the shutdown process as a political cudgel Which, IMHO, should absolutely be done.

metalliqaz 8y ago
Our current government is holding a gun to its own head in an attempt to negotiate. It's children vs adults and the children have all the power. What "should" be done is unlikely to happen. :(

benj111 8y ago

I came to ask the same question as the parent. This is an answer, but what are the politics of it? Eg you could make an argument that government only maintains things (ie property and life) for the public good, therefore all state employees are required lest they endanger life and property. You could certainly make the case that air traffic controllers are essential to life. Try landing planes at a busy airport without them.

whorleater 8y ago
Air traffic controllers are essential to life, which is why they are asked to go to work currently. Not getting paid is a different question entirely.
- benj111 8y ago
  Oh ok, I understood your link to mean payment was allowed where essential. Aren't some people getting paid? aren't they deemed essential?!? Am I looking for sense where there isn't any?!
  - whorleater 8y ago
    There are multiple layers in this shutdown: 1. This is a "partial government shutdown", so only some agencies (homeland security, state, SEC, etc) are affected. Some agencies like the Department of Defense are not affected and funded at previous levels. And 2. There are different levels of "federal workers": - "Essential" employees: government workers whose job are deemed to endanger "life" or "property", so they are working without pay and told to report to work. These people will (very likely receive back pay once the shutdown ends) - "Nonessential" government employees: people who are not currently working and not receiving paychecks. These people will also most likely receive backpay once the shutdown ends. - Federal contractors: janitors, drivers, caterers, temporary staff, part time staff, paid interns, etc are not currently working and will most likely not receive backpay once the shutdown ends. Note that with very few exceptions (like congressmen/congresswomen/senators, etc) most people in the federal government who are affected by the shutdown are not getting paid currently at all, even if they are told to show up to work.
    - pc86 8y ago
      Just to clarify on your second point, specifically re: essential employees. Essential employees will 100% receive pay (no "very likely"). By law, they must be paid when the government reopens. No essential employee has ever worked and not (eventually) been paid for it. Nonessential employees will receive pay almost certainly. While legally, since they're not working, they could not be paid, paying them takes an act of Congress. In every shutdown, all nonessential personnel have been paid for the time they would have worked once they return. It would be unprecedented for them not to get paid, and there would be huge backlash if they weren't paid. I'm sure most of them are expecting it and not making other arrangements. Contractors working directly for the government aren't working and won't get paid as you said, however if they're working through a firm, they are most likely working at their employer's office on another project and being paid normally, assuming there's work.