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Warner, Kaine push bill to shield federal workers from evictions, defaults amid shutdown

Judiciary Committee Hearings to examine pending nominations, was held at the Dirksen Senate Office Building in Washington, DC on February 8, 2024. (Official U.S. Senate photo by Rosa Pineda)
Rosa Pineda/Rosa Pineda
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U.S. Senate Photographic Service
Judiciary Committee Hearings to examine pending nominations, was held at the Dirksen Senate Office Building in Washington, DC on February 8, 2024. (Official U.S. Senate photo by Rosa Pineda)

This story was reported and written by our media partner the Virginia Mercury.

As the federal government shutdown stretches into its third week, Virginia’s U.S. senators are backing a bid to shield federal workers and contractors from the fallout. Last week, Sens. Mark Warner and Tim Kaine joined 16 other Senate Democrats in introducing the Federal Employee Civil Relief Act, a bill intended to protect federal employees, federal contractor staff and their families from evictions, foreclosures, repossessions and defaults during a funding lapse.

The legislation would halt evictions or foreclosures, stop repossession of vehicles or other property, prevent negative credit impacts, pause student loan default consequences, and let workers stay current on bills and insurance premiums — protections that would remain in place for the duration of a shutdown plus 30 days afterward.

“Through no fault of their own, hundreds of thousands of dedicated public servants in Virginia have been furloughed or are currently working without pay. That creates real financial strain for families trying to keep up with mortgages, student loans, and other bills,” Warner said in a statement. “This legislation will help ensure federal workers and contractors aren’t forced to bear the cost of a shutdown they didn’t cause.”

Kaine pressed a similar point: “During a government shutdown, federal employees and contractors are forced to work without pay, leaving many trying to figure out how they’re going to pay their rent, mortgage, car payment, or other bills. That’s why I’m introducing this legislation to help protect these federal workers and contractors from losing their home or defaulting on payments during a shutdown.”

The move comes as tens of thousands of federal workers and contractor employees across Virginia — and nationwide — navigate a precarious financial situation. In Richmond alone, more than 90 employees at the United Network for Organ Sharing (UNOS) were furloughed without back pay when the federal shutdown halted Health and Human Services funding for nonessential operations.

Across Northern Virginia, which includes many suburbs home to federal workers, unemployment rates have risen as layoffs ripple through the region. Virginia’s unemployment rate has already ticked upward this year — reaching 3.6% in July — and in June it was the only state to record a monthly increase, according to data from Bureau of Labor Statistics.

A Brookings summary of the DMV Monitor analysis shows that unemployment increases in the region have been particularly pronounced in the suburbs — Alexandria, Arlington, Fairfax and Loudoun counties are flagged as seeing the largest rises.

In Hampton Roads, a region especially dependent on federal and military presence, local officials have warned of reduced consumer spending and economic drag on restaurants, retailers and other businesses.

Virginia is particularly vulnerable: More than 147,000 civilian federal employees live in the state, and Northern Virginia is among the areas feeling the stiffest economic aftershocks of federal downsizing.

In Fairfax County alone, roughly 80,000 federal workers live in the area, and county officials have been preparing emergency resources to help families with food, rent and utilities.

The Senate legislation is backed by major labor groups, including the National Treasury Employees Union, American Federation of Government Employees (AFGE), National Active and Retired Federal Employees Association, UNITE HERE and others.

Doreen Greenwald, national president of NTEU, framed the bill as a safeguard for civil servants who otherwise carry the burden of a political impasse.

“Federal employees have student loans, mortgages, car payments, and other financial commitments just like every other American. Those obligations don’t go away during a shutdown,” Greenwald said in a statement.

“If passed, the Federal Employee Civil Relief Act will help civil servants across the nation have peace of mind when navigating the uncertainty posed when the government shuts down and their financial security is jeopardized. Federal employees serve the public daily. This legislation honors their service and ensures they aren’t penalized when circumstances arise that are no fault of their own.”

AFGE President Everett Kelley added that “No public servant should be at risk of eviction, repossession, or losing health insurance simply because they are working without pay or furloughed.”

The shutdown began Oct. 1, after Congress failed to pass new appropriations, triggering the furlough of hundreds of thousands of workers and forcing many others to continue working without pay.

In an unprecedented step, the White House has also initiated mass layoffs — so-called reductions in force (RIFs) — rather than simply furloughing employees. That shift raises further risk for households that may lose employment entirely rather than simply enduring a pay interruption.

Amid the crisis, Virginia Democratic elected officials have responded sharply to the administration’s handling.

Abigail Spanberger, the party’s nominee for governor, blasted mass firings of Virginia federal workers, saying she’s hearing from families “who are hurting because of the Trump Administration’s attacks on Virginia’s economy and workforce.”

She criticized Republican leadership for refusing to oppose what she called reckless firings and pledged she would “never be afraid to stand up to the President when he attacks Virginians’ jobs.”

Similarly, Democratic nominee for attorney general Jay Jones called the firings “reckless” and said he would act to stop any illegal terminations, accusing his opponent Jason Miyares of failing to stand up to Trump.

At the legislative level, House Speaker Don Scott, D-Portsmouth, assailed Republicans for “hurt(ing) Virginia families by laying off workers on a Friday afternoon,” warning that “using people’s livelihoods as a partisan political bargaining chip is a cruel act.”

The Senate proposal is not the only effort underway. Some lawmakers have proposed paying federal employees working through the shutdown immediately, even while appropriations remain unresolved.

But back pay is now under renewed scrutiny. A White House Office of Management and Budget memo contends that the 2019 Government Employee Fair Treatment Act (GEFTA) does not automatically guarantee back pay after a shutdown unless Congress explicitly provides funds. Democrats strongly dispute that interpretation, arguing that previous practice and statutory purpose support retroactivity.

In the Senate, Warner and Kaine are banking on bipartisan concern for public servants to propel the civil relief act forward. Their effort is spearheaded by Sens. Brian Schatz, D-HI, and other Democrats. If passed, it would give affected workers a 30-day buffer following a shutdown to get back on track with bills and housing stability.

Whether the approach will gain traction in the divided Congress is uncertain — especially given the sharp standoff over core budget priorities.