The SAFE Act prohibits Executive agencies from conducting or initiating any reduction in force during a government shutdown.
Mark Warner
Senator
VA
The Securing Assurance for Federal Employees Act (SAFE Act) prohibits Executive agencies from initiating or carrying out any reduction in force (RIF) during a government shutdown caused by a lapse in funding. Any RIF action taken during such a period will be considered legally void. This provision is designed to protect federal employees from job loss during funding crises.
When Congress can’t get its act together and the government shuts down, it’s usually a mess of furloughs and pay uncertainty for federal employees. The Securing Assurance for Federal Employees Act, or the SAFE Act, is looking to tackle one specific piece of that chaos: preventing federal agencies from using a funding lapse as an excuse to conduct mass layoffs.
This bill explicitly prohibits any Executive agency from carrying out a Reduction in Force (RIF)—the official term for layoffs—during a government shutdown. If funding lapses, the agency can’t use any funds to propose, announce, start, or carry out a RIF. The goal is simple: to make sure federal workers don't have to worry about losing their jobs entirely while they are already dealing with the stress of a potential furlough or delayed paycheck.
Think about it: A government shutdown means agencies are already operating under extreme stress, often with limited staff and zero budget for non-essential functions. The SAFE Act says that during this time, agencies can’t use the fiscal instability to restructure or cut staff. This provides an immediate, tangible benefit to the federal workforce, ensuring that the uncertainty of a shutdown doesn't lead to permanent job loss.
Crucially, the bill doesn't just block future layoffs. It specifies that if an agency does try to carry out a RIF during a funding lapse, that RIF is considered to have no legal effect. It’s basically voided. Even more interesting, this section is designed to be retroactive, applying to any RIFs started between October 1, 2025, and the date the Act becomes law. This means that if a shutdown happened in that window and an agency tried to lay people off, those actions could be nullified once the SAFE Act passes.
While this is a clear win for federal employees, it puts Executive agencies in a tight spot. During a shutdown, agencies often need maximum flexibility to manage their limited resources and workforce. This prohibition removes one tool—the RIF—from their management toolkit during the most stressful times. The bill is quite clear, defining “Executive agency” broadly (as per section 105 of title 5, United States Code), meaning this protection covers most of the federal workforce.
It’s important to note what this bill doesn’t change. It specifically says it doesn't affect voluntary separation payments—those buyouts an employee might take to leave the government voluntarily. So, if an agency is offering a voluntary separation incentive, that process can still move forward, even during a shutdown. The focus here is strictly on protecting employees from involuntary, agency-mandated layoffs when the lights are out in Washington.