Since the shutdown started, federal agencies have issued RIF notices under OMB guidance to more than 4,000 employees. Image: photoeu/Shutterstock.com
By: FEDweek StaffTwo leading House Democrats on civil service issues have asked the GAO to weigh in on whether the Trump administration’s use of the partial government shutdown as justification to lay off federal employees violate the Anti-deficiency Act.
That OMB guidance “rests on a legally unsupportable premise: that a lapse in appropriations repeals or suspends the underlying statutory authority for programs, and that undefined presidential “priorities” may substitute for statutory direction,” said a letter from Reps. Robert Garcia of California and James Walkinshaw of Virginia.
The guidance further “laughably attempts to claim, with no legal basis, that a lapse in appropriation somehow voids all previous law, creating a sort of holiday during which the president is able to play temporary monarch. The administration’s description of a shutdown as an “opportunity” shows an abhorrent disrespect for federal workers, and for the separation of powers.
The letter asks the GAO to “under its statutory authority to issue legal decisions to executive branch officials concerning the use and availability of public money, determine whether agency compliance with OMB’s directive would constitute a violation of the Anti-deficiency Act.” That law further “prohibits agencies from incurring obligations for the purpose of planning or executing reductions in force during a shutdown,” they wrote.
If a violation is found, the head of the affected agency “must report that determination to Congress, OMB, and the President,” the letter notes. However, the GAO already has made several such determinations regarding spending decisions by several individual agencies this year, with no repercussions.
Since the shutdown started, federal agencies have issued RIF notices under that guidance to more than 4,000 employees—some of which later were rescinded—and OMB has said the total could reach some 10,000. A federal judge however has issued a temporary restraining order, citing issues similar to those raised in the letter, blocking those layoffs at least for now.
Large Share of Federal Workforce about to Experience a Payless Pay Period
OPM Details Coverage Changes, Plan Dropouts for FEHB/PSHB in 2026
OMB Says Federal Workforce RIFs are Starting as Shutdown Drags On
Financial Impact of Shutdown Starts to Hit Home; WH Threatens No Back Pay
Surge of Retirement Applications Is in the Pipeline, Says OPM
See also,
TSP Takes Step toward Upcoming In-Plan Roth Conversions
5 Steps to Protect Your Federal Job During the Shutdown
Over 30K TSP Accounts Have Crossed the Million Mark in 2025
The Best Ages for Federal Employees to Retire
