Shutdown Update: Bill to Immediately Pay "Excepted" Feds Fails

As the shutdown stretches past three weeks, the Senate failed to advance a Republican bill that would immediately pay federal workers who are continuing to work during the shutdown. 

The Shutdown Fairness Act (S.3012) would immediately pay all “excepted” federal employees if the shutdown continues, and would provide retroactive pay dating to the start of the shutdown. 

However, the legislation came up short of the required 60 votes, garnering just 54 votes. Democrats signaled opposition because it will not immediately pay furloughed employees. 

“I don’t like the bill because it gives the president the ability to decide who’s essential and who’s not, and what we see is he is using this in a political way,” said Senator Tim Kaine (D-VA).

Democrats put together an alternative version that would also pay furloughed employees, but those were shut down by Republicans. 

The Shutdown Fairness Act is finding support however from some labor groups, including the National Active and Retired Federal Employees Association (NARFE). 

“We do not agree with arguments that distinguishing between excepted and furloughed employees in this context puts furloughed employees at significant additional risk,” wrote NARFE National President William Shackelford in a letter to senators. 

This comes after the Senate failed to pass a continuing resolution to reopen the government for a 12th time.  

Law Enforcement Paychecks 

On the topic of pay, the Trump Administration is continuing to pay certain law enforcement personnel who are working during the shutdown. 

Those being paid include 70,000 law enforcement agents spread out across the Department of Justice (DOJ) and the Department of Homeland Security (DHS). Also being paid are active-duty military personnel, air marshals, and deportation officers. 

"FBI special agents will keep getting paid, because we prioritize the people who protect this country," said FBI Director Kash Patel. 

However, the administration did not disclose where it is getting the money from to pay the employees during the shutdown. 

And support staff at law enforcement agencies are also crying foul. 

“We are called support staff, but I’d argue that we drive them,” said one ICE staffer to the Washington Post, who is working but not being paid and who spoke on the condition of anonymity for fear of retribution. “Just because they have a gun, badge and authority doesn’t make them more important than us. … It shows that the administration only cares about the gun holders.”

Some USDA Offices Reopening

Meanwhile, the Department of Agriculture (USDA) is reopening about 2,100 offices across the country on Thursday to help farmers and ranchers obtain about $3 billion in aid from existing programs. 

A White House official told the Associated Press that the administration is using funds from the Commodity Credit Corporation to dispense the aid. 

Each Farm Service Agency office will be staffed with two workers going forward who will be paid during the shutdown. 


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