Part 10 – Solutions & Reforms: Ending or Preventing Future Shutdowns

10.1 What’s already been done (post-2019)

  • Guaranteed back-pay for federal employees. The Government Employee Fair Treatment Act of 2019 requires retroactive pay for both “excepted” and furloughed civil servants once appropriations resume, limiting humanitarian damage—but contractors remain uncovered. (Congress.gov)
  • Sharper playbooks and oversight. OMB’s Circular A-11 §124 now standardises contingency plans; GAO audits have urged stronger controls and clearer triggers based on lessons from FY2019. (The White House)

2025 wrinkle: a White House/OMB memo briefly argued back-pay isn’t automatic without a fresh appropriation, prompting bipartisan pushback that the 2019 law’s intent is to pay workers. The legal debate underscores why clearer statutory drafting helps. (Politico)

10.2 The big idea: Automatic Continuing Resolutions (auto-CRs)

Goal: if Congress misses a deadline, funding continues automatically (often at prior-year levels) until new bills pass—avoiding shutdowns.

Representative proposals:

  • Prevent Government Shutdowns Act (PGSA). Bipartisan versions (e.g., 2023; House version H.R. 5130, 2025) keep agencies open at current levels and add incentives (e.g., restrictions on congressional travel) to compel deal-making. (CRFB)
  • End Government Shutdowns Act (Portman et al.). Creates an auto-CR for any lapsed bill; some iterations add periodic pressure (e.g., sequestration-style nudges) if stalemate drags on. (murkowski.senate.gov)
  • Other 2025 vehicles. Examples include the Government Shutdown Prevention Act of 2025 (S.499)—part of a renewed wave of “never again” bills. (Congress.gov)

Pros. Stops service interruptions, protects contractors and local economies, ends “hostage-taking” around paydays and holidays.
Cons. Critics (e.g., CBPP) warn an auto-CR can entrench last year’s numbers, weaken oversight, and reduce incentives to do real appropriations—potentially starving new priorities. Design details (duration, periodic caps/penalties, exceptions for national security/disaster) matter greatly. (Center for Budget and Policy Priorities)

10.3 Process fixes short of auto-CR

  • Biennial budgeting. Do the big spending framework every two years, freeing time for oversight. CRS surveys show appeal but mixed evidence on whether it reduces brinkmanship. (Congress.gov)
  • “Minibus” sequencing & no-rider rules. Move smaller clusters earlier; discourage unrelated policy riders at year-end. (Discussed in CRS reform sections.) (Congress.gov)
  • Escalating pain for Congress, not the public. Travel/pay restrictions during lapses (common in PGSA drafts) change incentives at the negotiating table instead of punishing workers. (CRFB)
  • Better contingency governance. GAO calls for crisper triggers, uniform “excepted” definitions, and post-mortems after each lapse so agencies don’t relearn the same lessons. (Government Accountability Office)

10.4 Clarify the back-pay and contractor question

  • Lock in the worker guarantee. Despite the 2019 statute, 2025 memos showed room for interpretive mischief; Congress can explicitly appropriate back-pay in standing law to remove ambiguity. (Politico)
  • Address contractors. Permanent authority for limited contractor back-pay (or cost-recovery grants/credits) would reduce the permanent GDP loss CBO observed in 2019 that stems largely from unreimbursed private-sector income. (Background: FY2019 losses and GAO/CBO findings.) (Government Accountability Office)

10.5 Borrow proven continuity models from abroad (U.S.-tailored)

  • Germany’s Article 111 analogue: allow temporary execution of last-year appropriations for ongoing obligations and core services, within defined monthly limits. (jscholarship.library.jhu.edu)
  • EU-style “provisional twelfths”: authorise up to 1/12 per month of the prior budget until new laws pass—automatic, capped, and transparent. (The White House)
  • UK-style contingencies fund: expand Treasury’s warrant authority for bridging cash on essential programmes, with prompt parliamentary (congressional) regularisation. (Congress.gov)

These options keep services running while preserving congressional primacy over the purse.

10.6 What would actually end shutdowns (a practical package)

  1. Auto-CR with sunset & guardrails. Prior-year levels kick in immediately on a missed deadline; after (say) 60–90 days, limited across-the-board trims or sequestration-style nudges apply to both chambers to force bargaining—but exempt pay/benefits and safety-critical programmes. (CRFB)
  2. Statutory, standing back-pay (unambiguous) + a targeted contractor relief mechanism tied to documented stop-work orders. (Government Accountability Office)
  3. CRS/GAO reporting triggers. If an auto-CR runs beyond 60 days, mandatory public reports quantify economic harm and list unresolved riders—raising accountability. (Congress.gov)
  4. A-11 codification. Write the core of OMB §124 into statute so agency playbooks are uniform and legally anchored. (The White House)

10.7 Bottom line

There’s no mystery to “ending shutdowns”: automatic continuity + real incentives to finish appropriations. The policy trade-off is between avoiding disruption and preserving budget discipline. Well-designed auto-CRs—paired with transparent guardrails, explicit back-pay, and GAO/CRS accountability—can protect the public without surrendering Congress’s power of the purse.

References

  • Congressional Research Service (2025) Shutdown of the Federal Government: Causes, Processes, and Effects (RL34680, v.27, 21 Oct). Washington, DC: Library of Congress. (Congress.gov)
  • Government Accountability Office (2020) FY 2019 Government Shutdown: Selected Agencies Could Improve Contingency Planning (GAO-20-377). Washington, DC: GAO. (Government Accountability Office)
  • Office of Management and Budget (2025) Circular A-11 (Aug. 29, 2025), Section 124: Agency Operations in the Absence of Appropriations. Washington, DC: OMB. (The White House)
  • S.24 (116th) Government Employee Fair Treatment Act of 2019. Washington, DC: Congress.gov. (Congress.gov)
  • H.R.5130 (119th) Prevent Government Shutdowns Act of 2025 (bill summary). Washington, DC: Congress.gov. (Congress.gov)
  • Committee for a Responsible Federal Budget (2023) ‘Prevent Government Shutdowns Act of 2023 introduced in Senate’ (bill explainer). Washington, DC: CRFB. (CRFB)
  • Murkowski, L. (2019) ‘End Government Shutdowns Act’ (press release summary). Washington, DC: U.S. Senate. (murkowski.senate.gov)
  • Center on Budget and Policy Priorities (2019) ‘Portman proposal for automatic CR: not a good solution’. Washington, DC: CBPP. (Center for Budget and Policy Priorities)
  • S.499 (119th) Government Shutdown Prevention Act of 2025 (bill summary). Washington, DC: Congress.gov. (Congress.gov)
  • Politico (2025) ‘White House memo says furloughed workers might not get back pay’, 7 Oct. (Politico)
  • Associated Press (2025) ‘Administration suggests no guaranteed back pay for workers’, 7 Oct. (AP News)
  • Rep. Don Beyer – Press Release (2025) ‘Members reaffirm GEFTA guarantees back pay’, 15 Oct. (beyer.house.gov)
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