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Van Hollen, Alsobrooks, Beyer, Walkinshaw, Over 60 Lawmakers Press Administration to Reinstate Furloughed Federal Workers at Agencies Unaffected by Republican Shutdown, Resume Their Pay

Today, U.S. Senators Chris Van Hollen and Angela Alsobrooks (both D-Md.) and U.S. Representatives Don Beyer and James Walkinshaw (both D-Va.) were joined by more than 60 of their colleagues in the Senate and House urging the Trump Administration to immediately reinstate any furloughed employees of agencies funded entirely by collected user fees and to resume their paychecks. In their letter to Office of Management and Budget (OMB) Director Russell Vought, the lawmakers pointed out that fee-funded agencies are unaffected by the lapse in appropriations caused by this Republican-driven shutdown, and that they should continue to deliver services to the American people uninterrupted as they have during past shutdowns. The members stressed that OMB’s directive to temporarily lay off and withhold pay from federal workers whose agencies continue to bring in revenue is unjustified and unnecessarily punitive – and must be reversed.

“We are deeply concerned by reports of federal employees whose jobs are fee-funded being furloughed or denied pay while working during the current government shutdown at the direction of the Office of Management and Budget (OMB). These moves are unprecedented during a government shutdown and have no legal or financial justification. They are clearly designed simply to inflict pain on the federal workforce and to deprive the American people of the services these federal employees provide,” the lawmakers began.

For example, they took issue with furloughs and withholding of paychecks of employees at the Department of State’s Bureau of Consular Affairs, noting that the Bureau is funded through fees collected for visa and passport processing. “There is no legal or financial reason to deny compensation to these employees as the money necessary to pay them is still being collected for services that are still being rendered,” they wrote. “Passport Services did not suffer any disruption to its operations or payroll during either of the government shutdowns during President Trump’s first term. The only rationale here seems to be needlessly inflicting maximum pain on federal workers who are serving the American people.”

“There is no legal, financial, or historical reason to furlough or withhold pay from any federal employees whose wages do not rely on appropriated funds. These employees are non-partisan Americans who work hard to ensure the safety, security, and prosperity of their fellow Americans day in and day out. As such, we urge the immediate reinstatement of and resumption of pay for all federal employees who do not rely on appropriations for their work or wages,” they continued, going on to list a series of questions for response by Director Vought – including the number of federal employees who have been furloughed and denied pay, the anticipated impact on the public services that those employees provide, and the legal justification for this directive.

Joining Senators Van Hollen and Alsobrooks and Representatives Beyer and Walkinshaw on the letter are Senators Richard Blumenthal (D-Conn.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Andy Kim (D-N.J.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jeanne Shaheen (D-N.H.), Mark Warner (D-Va.), and Ron Wyden (D-Ore.); and Representatives André Carson (D-Ind.), Troy Carter (D-La.), Judy Chu (D-Calif.), Yvette Clarke (D-N.Y.), Emanuel Cleaver (D-Mo.), Lou Correa (D-Calif.), Danny Davis (D-Ill.), Diana DeGette (D-Colo.), Mark DeSaulnier (D-Calif.), Debbie Dingell (D-Mich.), Sarah Elfreth (D-Md.), Cleo Fields (D-La.), Bill Foster (D-Ill.), Sylvia Garcia (D-Texas), Dan Goldman (D-N.Y.), Maggie Goodlander (D-N.H.), Steny Hoyer (D-Md.), Glenn Ivey (D-Md.), Jonathan Jackson (D-Ill.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Bill Keating (D-Mass.), Ro Khanna (D-Calif.), Raja Krishnamoorthi (D-Ill.), Greg Landsman (D-Ohio), Summer Lee (D-Pa.), Stephen Lynch (D-Mass.), April McClain Delaney (D-Md.), Jim McGovern (D-Mass.), Kweisi Mfume (D-Md.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Nellie Pou (D-N.J.), Jamie Raskin (D-Md.), Raul Ruiz (D-Calif.), Andrea Salinas (D-Ore.), Bobby Scott (D-Va.), Lateefah Simon (D-Calif.), Darren Soto (D-Fla.), Suhas Subramanyam (D-Va.), Tom Suozzi (D-N.Y.), Eric Swalwell (D-Calif.), Bennie Thompson (D-Miss.), Dina Titus (D-Nev.), Paul Tonko (D-N.Y.), Ritchie Torres (D-N.Y.), Juan Vargas (D-Calif.), Nydia Velázquez (D-N.Y.), Eugene Vindman (D-Va.), and Bonnie Watson Coleman (D-N.J.).

Text of the letter, including the questions that the Senators pose to the Administration officials, can be viewed here and below.

 

Director Vought:

We are deeply concerned by reports of federal employees whose jobs are fee-funded being furloughed or denied pay while working during the current government shutdown at the direction of the Office of Management and Budget (OMB). These moves are unprecedented during a government shutdown and have no legal or financial justification. They are clearly designed simply to inflict pain on the federal workforce and to deprive the American people of the services these federal employees provide.

The General Services Administration (GSA) has reportedly furloughed employees working in functions that do not rely on congressional appropriations, like those funded through the Acquisition Service Fund or carryover funds. These employees have typically been exempt from furloughs and been paid during shutdowns. Rather than determining a furlough plan based on availability of funds and job functions, a GSA department was reportedly “given a number to hit” for total furloughs.

Likewise, we have learned that employees in the Department of State’s Bureau of Consular Affairs (CA) have been furloughed, including employees in Passport Services, at OMB’s direction. However, these CA employees’ wages do not rely on appropriated funds. Instead, the salaries are paid with the fees that are collected to carry out services such as visa and passport adjudication. A lapse in appropriations should have no bearing on these employees’ work status, as they and their operations are fully fee-funded.

We have also been made aware that those CA employees who have been excepted are continuing to work without pay, despite the availability of funds and past precedent that has allowed fee-funded employees to continue to receive pay during a shutdown. There is no legal or financial reason to deny compensation to these employees as the money necessary to pay them is still being collected for services that are still being rendered.

The State Department’s own documentation supports these conclusions. On September 29th, 2025, the Department issued lapse guidance, which notes that “Consular operations domestically and abroad will remain operational as long as there are sufficient fees to support operations,” that, as a category 4 entity, CA is “generally expected to operate normally,” and that, for these excepted “entities, no new obligations should be made except for payroll, to protect life and property, and for reasons essential to national security” [emphasis added].

Moreover, OMB has allowed these entities to continue operations and to pay employees during previous shutdowns. Passport Services did not suffer any disruption to its operations or payroll during either of the government shutdowns during President Trump’s first term. The only rationale here seems to be needlessly inflicting maximum pain on federal workers who are serving the American people.

There is no legal, financial, or historical reason to furlough or withhold pay from any federal employees whose wages do not rely on appropriated funds. These employees are non-partisan Americans who work hard to ensure the safety, security, and prosperity of their fellow Americans day in and day out. As such, we urge the immediate reinstatement of and resumption of pay for all federal employees who do not rely on appropriations for their work or wages, and we also request urgent answers to the below questions within 7 days:

  1. How many fee-funded GSA employees have been furloughed during this current lapse in appropriations? Please provide a breakdown by agency and office. What is the justification for furloughing GSA employees whose wages do not rely on congressional appropriations?
  2. What is the anticipated impact on GSA operations as a result of these unnecessary furloughs?
  3. How many employees have been furloughed or denied pay while working during this current lapse in appropriations from the State Department’s Bureau of Consular Affairs, including Passport Services? Please provide a breakdown by bureau and office. Given that the entire Consular Affairs Bureau is fee-funded, what is the justification for furloughing or denying pay to any of these employees?
  4. What is the anticipated impact on consular operations, including visa and passport adjudication, as a result of these unnecessary furloughs?
  5. Outside of GSA and the State Department’s Bureau of Consular Affairs, how many fee-funded employees have been furloughed or denied pay across the federal government while working during this current lapse in appropriations? Please provide a breakdown by agency and office. Given these offices are fee-funded, what is the justification for furloughing or denying pay to any of these employees?