Se­lec­tive shutdown? Trump blunts im­pact, takes heat

The News Tribune - - Nation & World - BY JULIET LIN­DER­MAN

The govern­ment shutdown is wreak­ing havoc on many Amer­i­cans: Hun­dreds of thou­sands of fed­eral em­ploy­ees don’t know when they'll see their next pay­check, and low-in­come peo­ple who rely on the fed­eral safety net worry about whether they'll make ends meet should the stale­mate in Wash­ing­ton carry on an­other month.

But if you’re a sports­man look­ing to hunt game, a gas com­pany plan­ning to drill off­shore or a tax­payer await­ing your re­fund , you’re in luck: This shutdown won’t af­fect your plans.

All ad­min­is­tra­tions get some lee­way to choose which ser­vices to freeze and which to main­tain when a bud­get stand­off in Wash­ing­ton forces some agen­cies to shut­ter. But in the se­lec­tive re­open­ing of of­fices, ex­perts say they see a will­ing­ness to cut cor­ners, scrap prior plans and wade into le­gally du­bi­ous ter­ri­tory to mit­i­gate the pain. Some noted the choices seem tar­geted at shield­ing the Repub­li­can-lean­ing vot­ers whom Trump and his party need to stick with them.

The cu­mu­la­tive ef­fect is a govern­ment shutdown – now of­fi­cially the long­est in U.S. his­tory – that some Amer­i­cans may find fi­nan­cially desta­bi­liz­ing and oth­ers may hardly no­tice.

Rus­sell T. Vought, deputy di­rec­tor of the Of­fice of Man­age­ment and Bud­get, said the over­ar­ch­ing mes­sage from Trump has been “to make this shutdown as pain­less as pos­si­ble, con­sis­tent with the law.”

“We have built on past ef­forts within this ad­min­is­tra­tion not to have the shutdown be used to be weaponized against the Amer­i­can peo­ple,” he said.

Oth­ers say such a strat­egy sug­gests a lack of ur­gency and a will­ing­ness to let the po­lit­i­cal im­passe in Wash­ing­ton drag on in­def­i­nitely.

“The strat­egy seems to be to keep the shutdown in place, not worry about the ef­fect on em­ploy­ees and fur­loughed peo­ple and con­trac­tors, but where the pub­lic might be an­noyed, give a lit­tle,” said Al­ice Rivlin, who led OMB dur­ing the 21-day shutdown in 1996, the pre­vi­ous record­holder for the long­est in his­tory.

That’s a clear dif­fer­ence be­tween then and now, Rivlin said.

“We weren’t try­ing to make it bet­ter. We were try­ing to em­pha­size the pain so it would be over,” she said. “We wanted it to end. I’m not con­vinced the Trump ad­min­is­tra­tion does.”

The Trump ad­min­is­tra­tion ear­lier this week announced that the IRS will is­sue tax re­funds dur­ing the shutdown, cir­cum­vent­ing a 2011 de­ci­sion bar­ring the agency from dis­tribut­ing re­funds un­til the Trea­sury De­part­ment is funded. The Na­tional Trea­sury Em­ploy­ees Union filed a law­suit, ar­gu­ing its work­ers are be­ing un­con­sti­tu­tion­ally forced to re­turn to work with­out pay.

Some agen­cies are find­ing cre­ative ways to fund ser­vices they want to re­store.

The ad­min­is­tra­tion has em­pha­sized con­tin­ued use of pub­lic lands in gen­eral, and par­tic­u­larly for hun­ters and oil and gas de­vel­op­ers, an­ger­ing en­vi­ron­men­tal groups. The U.S. Fish and Wildlife Ser­vice, us­ing funds left­over from 2018, this week announced it will di­rect doz- ens of wildlife refuges to re­turn staffers to work, en­sur­ing planned ac­tiv­i­ties on those lands, in­clud­ing or­ga­nized hunts, con­tinue.

Bar­bara Wain­man, a spokes­woman for the agency, said most refuges have re­mained ac­ces­si­ble to hun­ters through­out the shutdown, and the de­ci­sion to staff them was made based on three cri­te­ria: re­source man­age­ment, high vis­i­ta­tion and pre­vi­ously sched­uled pro­gram­ming, which in­cludes or­ga­nized hunts and school field trips. Wain­man said 17 of the 38 refuges have sched­uled hunts that would have been can­celed with­out the restaffing ef­fort.

The IRS is us­ing user fees to re­store the in­come ver­i­fi­ca­tion pro­gram, used by mort­gage lenders to con­firm the in­come of a bor­rower and con­sid­ered a crit­i­cal tool for the bank­ing in­dus­try. Af­ter na­tional parks were left open but un­staffed, caus­ing dam­age to del­i­cate ecosys­tems, the Na­tional Park Ser­vice announced it would take “an ex­tra­or­di­nary step” and use vis­i­ta­tion fees to staff some of the ma­jor parks. And de­spite the shutdown, the Bureau of Land Man­age­ment is con­tin­u­ing work re­lated to drilling ef­forts in Alaska.

Trump has re­fused to sign spend­ing bills for nine of the 15 Cab­i­net-level de­part­ments un­til Congress ap­proves his re­quest for $5.7 bil­lion in fund­ing to build a wall along the U.S.-Mex­ico bor­der. Democrats have re­fused. The pres­i­dent ini­tially said he would be “proud” to own the par­tial shutdown, but he quickly shifted blame onto Demo­cratic lead­ers and has flirted with tak­ing some ex­tra­or­di­nary mea­sures to find money for the wall. Al­though most Repub­li­cans have stood by the pres­i­dent, oth­ers have ex­pressed dis­com­fort with the strat­egy.

The fo­cus on ser­vices that reach ru­ral vot­ers, in­flu­en­tial in­dus­tries and vot­ers’ pock­et­books is in­tended to pro­tect Repub­li­cans from blow­back, said Barry An­der­son, who served as as­sis­tant di­rec­tor of the Of­fice of Man­age­ment and Bud­get from

1988 to 1998.

Dur­ing the 1996 shutdown, An­der­son said, he and oth­ers met each day to re­view which of­fices and ser­vices should be deemed es­sen­tial. He said tax re­funds never made the cut.

“A govern­ment agency may em­ploy ser­vices in ad­vance of ap­pro­pri­a­tions only when there’s a rea­son­able con­nec­tion be­tween the func­tions be­ing per­formed and the safety of hu­man life or pro­tec­tion of prop­erty,” he said. “How does is­su­ing tax re­funds fall un­der ei­ther of those cat­e­gories? It’s not a hu­man life or prop­erty is­sue. I don’t know the proper word: sur­prised, aghast, flab­ber­gasted.

“This,” he said, “is to keep Repub­li­can se­na­tors’ phones silent.”

OMB has held reg­u­lar con­fer­ence calls with agen­cies and is field­ing a high vol­ume of re­quests for ser­vices they’d like to re­sume. In ad­di­tion, OMB of­fi­cials are in­ten­tion­ally work­ing to le­gally re­open as much of the govern­ment as pos­si­ble, ac­cord­ing to a se­nior ad­min­is­tra­tion of­fi­cial, adding that agen­cies are per­mit­ted to up­date their lapse plans as the shutdown pro­gresses. The of­fi­cial was not au­tho­rized to dis­cuss the in­ter­nal dis­cus­sions pub­licly and spoke on con­di­tion of anonymity.

Across the govern­ment, agen­cies are scram­bling. The Food and Drug Ad­min­is­tra­tion has scaled back on food in­spec­tions. The De­part­ment of Agri­cul­ture re­cently announced that the Sup­ple­men­tal Nutri­tion As­sis­tance Pro­gram, which pro­vides food aid to nearly 40 mil­lion low-in­come Amer­i­cans, will con­tinue to op­er­ate through Fe­bru­ary be­cause of a loop­hole in the short­term spend­ing bill, which ex­pired Dec. 22. But should the shutdown stretch into March, the de­part­ment’s re­serves for the pro­gram, $3 bil­lion, won’t cover a month of ben­e­fits for all who need them. Other feed­ing pro­grams, such as school lunch, food dis­tri­bu­tion and WIC, which pro­vides nutri­tion aid to preg­nant women, moth­ers and ba­bies, are also in jeop­ardy should the shutdown last un­til March.

Hun­dreds of fed­eral con­tracts for low-in­come Amer­i­cans re­ceiv­ing hous­ing as­sis­tance are ex­pir­ing. The De­part­ment of Hous­ing and Ur­ban De­vel­op­ment is un­able to re­new them and has in­stead di­rected pri­vate own­ers to dip into their re­serves to cover short­falls.

As time goes on, more and more pro­grams will be­come vi­tal, said Linda Bilmes, a pub­lic pol­icy pro­fes­sor at the Har­vard Kennedy School, and the mean­ing of what’s es­sen­tial will shift.

“Even apart from the fact that there may be par­tic­u­lar in­stances of things that are be­ing ma­nip­u­lated for po­lit­i­cal pur­poses,” she said, “there are also re­al­i­ties that govern­ment agen­cies are fac­ing as they re­assess what is ab­so­lutely es­sen­tial to do now that we’re here, with no im­me­di­ate end in sight.”


Rus­sell T. Vought, deputy di­rec­tor of the Of­fice of Man­age­ment and Bud­get


The Capi­tol Dome is seen through a sky­light on Jan. 10 in Wash­ing­ton. In the re­open­ing of some fed­er­ally funded of­fices, ex­perts say they see a will­ing­ness to cut cor­ners, scrap prior plans and wade into le­gally du­bi­ous ter­ri­tory.

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