Senate Passes Its Own Funding Bill 89-4: What Changed, and What Didn’t
Federal employees tracking government shutdown risk got a new data point Monday: the Senate voted 89-4 to advance its own stopgap funding bill, and it does not match the one the House already passed.
What the Senate Bill Does
Three weeks ago, House Republicans passed a “clean” continuing resolution — no add-ons — funding the government through December 4 on a party-line vote. This week the Senate moved its own version with a different end date: December 11.
The date is not the only difference. The Senate’s bill extends the Technology Modernization Fund and key cyber information-sharing programs, which the House bill does not. It would also block the Office of Management and Budget from rolling out its rewrite of the federal grants rules until at least December 11.
Senate Appropriations Chair Susan Collins has said the bill avoids the “poison pills” that can blow up a funding deal.
What Has Not Changed
The deadline. Government funding runs out September 30 regardless of which bill prevails. The Senate still has to pass its version, and then it goes back to the House — which is out until August 31.
If Funding Lapses, Here Is the Law
Two statutes do the work.
The Antideficiency Act, 31 U.S.C. §§ 1341–1342, bars agencies from incurring obligations without appropriated funds. That is the legal mechanism that forces furloughs — it is not a discretionary choice your agency is making.
The Government Employee Fair Treatment Act of 2019, codified at 31 U.S.C. § 1341(c), guarantees back pay. Furloughed employees are to be paid for the period of the lapse, and excepted employees who work during a lapse are to be paid at their standard rate of pay — in both cases “at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates.”
Read that carefully. Back pay is guaranteed by statute. In any shutdown, the open question is timing, not whether.
What Federal Employees Can Do Now
Know your designation. Whether you are excepted or furloughed determines what happens on day one of a lapse, and it is a question worth asking your supervisor or HR now rather than after the fact.
Look at your own cash timeline against a missed pay period, and check what your agency’s employee assistance program offers.
Keep copies of any furlough, recall, or excepted-status notice you receive. Those documents matter later.
Two Bills, Two Dates, One Deadline
The House and Senate disagree about December 4 versus December 11 and about which programs ride along. Neither disagreement changes September 30.
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Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.