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Fact check: Which government services and agencies are exempt from the shutdown, and why?
Executive Summary
The core claim across sources is that certain federal services remain exempt from a government shutdown because they are funded outside annual appropriations or are legally required to continue for public safety and welfare; key examples repeated across the materials include the U.S. Postal Service, Social Security, Medicare/Medicaid, veterans’ health care, and essential public safety operations such as law enforcement, border security, and air traffic control [1] [2] [3]. Sources diverge on the scope and operational detail—some emphasize contingency plans and furlough estimates, while others highlight program continuity reliant on reserve funds or statutory authority, producing differing expectations about which functions truly remain unaffected if a shutdown drags on [4] [5] [6].
1. Who Can Keep Working and Why It Matters: The Legal and Funding Backbone
Federal programs that do not rely on annual appropriations or are backed by mandatory funding continue during a shutdown; this legal distinction explains why Social Security, Medicare, Medicaid, and veterans’ benefits operate uninterrupted, as reported across multiple sources [1] [2] [7]. Agencies with statutory entitlement obligations cannot lawfully stop payments without additional legislative action, and the U.S. Postal Service operates from its own funding model, insulating it from appropriations lapses [1] [2]. Contingency plans published by agencies and guided by the Office of Management and Budget clarify that excepted employees performing these legally required or funded functions are permitted — and often required — to work through a shutdown, a point underscored by authorities estimating substantial excepted operations even as many employees are furloughed [4] [8].
2. The Front Line: Public Safety, National Security and “Essential” Workers That Don’t Stop
All sources converge on the point that national security, law enforcement, emergency response, and public safety functions remain operational, because uninterrupted operation is required for public protection; this includes DHS personnel, DOJ investigators, federal law enforcement, border protection officers, and in-hospital medical staff [9] [3] [2]. Air traffic control and certain airport security functions continue with reduced or excepted staffing, and the Department of Veterans Affairs maintains health services for veterans [2] [5]. Agencies’ designations of “essential” versus “non-essential” vary by context and can be administratively complex, producing disputes and confusion about who will be paid promptly, though past practice shows excepted employees generally work without immediate pay during the lapse and receive back pay once appropriations resume [6] [8].
3. Programs That Keep Paying but Could Run Into Trouble if a Shutdown Lingers
Several benefit programs continue initially but rely on reserve funds, mandatory spending, or administrative flexibility, creating uncertainty if a shutdown is prolonged; SNAP, CHIP, and some nutrition programs can be sustained by reserves or alternate funding for a time, but long shutdowns may force interruptions or reduced services [1] [5]. The sources note that federal research projects, discretionary grants, and many contracts are vulnerable to suspension, and that agencies like the EPA or those with large shares of discretionary spending face heightened furlough risk [4] [7]. The practical result is a patchwork of continuity: statutory entitlements keep flowing, while discretionary programs and new administrative actions can be delayed, creating uneven impacts across citizens and states [4] [5].
4. Counting the Costs: Furloughs, Lost Productivity, and Economic Ripples
Agencies’ contingency planning paints a stark financial and operational picture: analysts estimate hundreds of thousands could be furloughed per day with large daily economic costs, while excepted staff continue working unpaid until Congress acts; the cited estimate of roughly 750,000 potential furloughs and hundreds of millions in daily costs exemplifies the immediate fiscal hit and operational disruption [4]. The sources indicate that while short shutdowns often generate limited macroeconomic fallout, the economic and administrative toll escalates with duration, affecting procurement cycles, grant disbursements, and service delivery in ways that ripple through contractors, state programs, and beneficiaries dependent on federal timing [3] [4].
5. Where Sources Agree, Where They Differ, and What’s Left Unsaid
All provided sources agree that certain programs are exempt because of funding structure or legal necessity and that essential safety and security services persist; however, they differ in emphasis and detail: some list specific agencies staying open, others stress contingency planning and furlough statistics, and a few highlight reliance on reserve funds for programs like SNAP and CHIP [1] [9] [4] [5]. Not fully resolved across the materials are granular operational impacts — which specific passport offices remain open, how long reserve funds will last, or the precise count of excepted employees in each agency — information agencies direct readers to check on individual contingency webpages for the most current, locality-specific guidance [4] [7]. The sources reflect both administrative perspectives and public-interest concerns, so readers should consult agency notices for real-time operational status.