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Will the US Government Shut Down on December 12, 2026? What Happens to Federal Pay, Social Security, TSA, Veterans and Courts If Congress and President Trump Cannot Agree

A shutdown is possible but not confirmed. The government is currently funded. This article will be updated as Congress acts on new funding legislation.

Quick Facts: December 2026 Federal Funding Deadline

DetailInformation
Is the government shut down now?No
Current funding lawContinuing Appropriations and Extensions Act, 2027 (H.R. 6500), Public Law 119-103
Signed by President TrumpSeptember 2, 2026
Congressional votesSenate 90–6; House 370–48 (House vote on September 1, 2026)
Funding runs throughFriday, December 11, 2026
Possible first day of a funding lapseSaturday, December 12, 2026 (12:01 a.m.)
Funding levelRoughly fiscal year 2026 levels
Fiscal year 2027October 1, 2026 – September 30, 2027
What Congress must pass to avoid a lapseFull-year appropriations bills or another continuing resolution (CR)
Who must agreeHouse, Senate and the President (or two-thirds of both chambers to override a veto)
Votes normally needed in the Senate60 (Senate Rule XXII cloture)
Do Social Security and SSI checks stop automatically?No
Do federal employees get back pay?Yes, under the Government Employee Fair Treatment Act of 2019
Do federal contractors get guaranteed back pay?No
New Congress beginsNoon, January 3, 2027 (20th Amendment)

Why Is December 12, 2026 a Government Shutdown Deadline?

On September 2, 2026, President Donald Trump signed H.R. 6500, the Continuing Appropriations and Extensions Act, 2027, which became Public Law 119-103. The Senate had passed it 90–6, and the House passed the Senate-amended bill 370–48 on September 1.

The law is a short-term continuing resolution. It keeps most federal agencies funded at roughly fiscal year 2026 levels. It does not provide funding for the whole of fiscal year 2027, which began October 1, 2026. Funding under the law is available until the earliest of three events:

  1. Enactment of an appropriation for a particular project or activity covered by the CR.
  2. Enactment of the regular fiscal year 2027 appropriations act for that project or activity.
  3. December 11, 2026.

If none of those things happens for a given agency, its funding runs out. A lapse would begin at 12:01 a.m. on Saturday, December 12, 2026. Because December 12 is a Saturday, most visible effects, such as furlough notices and office closures, would show up on Monday, December 14.

The White House said it supported the CR as a clean stopgap that would prevent a shutdown by funding government agencies at current levels through December 11 while the full-year process continued. (Source: Office of Management and Budget, Statement of Administration Policy on H.R. 6500, August 3, 2026.)

Is the Government Already Shut Down?

No. The federal government is operating normally under Public Law 119-103. Nothing happens automatically until the funding expires. Congress still has until December 11 to act.

The reason the question is urgent is timing. After the November 3 midterms, Congress returns for a lame-duck session with limited working days and the Thanksgiving holiday in the middle. Congress could pass some, all or none of the fiscal year 2027 appropriations bills, or it could extend the CR into 2027.

What Is a Continuing Resolution and What Are Its Limits?

A continuing resolution is a temporary funding law that lets agencies keep operating when Congress has not finished the regular annual appropriations bills. Instead of setting new spending levels, it generally continues the prior year’s funding rates.

CRs usually carry restrictions designed to preserve Congress’s final decision, including limits on starting new programs, on new multi-year commitments and on spending at a faster rate than the prior year. They also contain “anomalies,” which are exceptions for specific programs, and extensions of expiring authorities. H.R. 6500, for example, extended several expiring programs and authorities, including EPA’s Toxic Substances Control Act fee authority, through December 11, 2026.

The CR cannot be stretched past its own end date. Agencies cannot keep spending after December 11 on the strength of past practice. Only a new law can extend the funding.

What Happens If Congress Does Not Pass a Funding Bill by December 11?

If funding expires, affected agencies experience a lapse in appropriations. Federal law then limits what those agencies can do. What follows depends on which funding has expired.

Government-wide shutdown: if no replacement funding is enacted for any agency, agencies across the government would suspend activities that are not legally permitted to continue.

Partial shutdown: Congress can fund some departments (through full-year bills or a short extension) and leave others unfunded. Funded agencies continue normally, and only the unfunded ones shut down. The 2026 Department of Homeland Security shutdown was exactly this type.

Not everything stops in a shutdown. Some activities continue because they are funded by permanent appropriations, fees or multi-year money. Others continue because the law allows them to in order to protect life and property.

What Laws Govern a Government Shutdown?

The Appropriations Clause (Article I, Section 9, Clause 7)

The Constitution says no money may be drawn from the Treasury except through appropriations made by law. Congress therefore controls federal spending. The president cannot create spending authority on his own, which is why the president and Congress must agree on funding.

The Antideficiency Act (31 U.S.C. §§ 1341, 1342, 1350 and 1351)

The Antideficiency Act is the core shutdown statute:

  • 31 U.S.C. § 1341 prohibits federal officers from making or authorizing expenditures or obligations that exceed available appropriations, or from obligating funds before they are appropriated.
  • 31 U.S.C. § 1342 prohibits accepting voluntary services, except in emergencies involving the safety of human life or the protection of property. This is why furloughed employees cannot simply keep working without pay.
  • 31 U.S.C. § 1350 makes knowing and willful violations a criminal offense.
  • 31 U.S.C. § 1351 requires reporting of violations.

The Government Accountability Office explains these rules in its guidance on lapses in appropriations.

OMB Circular A-11, Section 124

Each agency must prepare a shutdown contingency plan under Office of Management and Budget Circular A-11, Section 124. The plan identifies which employees and activities are “excepted” and which are not. Agencies typically update these plans and post them on their websites before a deadline.

Government Employee Fair Treatment Act of 2019 (Public Law 116-1)

This law guarantees retroactive pay to federal employees affected by a lapse in appropriations, including furloughed employees and excepted employees who work through it. Details are below. It covers federal employees only, not private contractors. See Public Law 116-1 at GovInfo.

Unemployment Compensation for Federal Employees (5 U.S.C. §§ 8501–8508)

Furloughed federal employees may be eligible to apply for unemployment compensation through their state under the UCFE program. Benefits typically must be repaid or offset when back pay is received.

Senate Rule XXII and the 60-Vote Threshold

Regular appropriations bills and CRs are ordinary legislation, so ending Senate debate generally requires 60 votes. That is why a single party with a narrow majority cannot pass funding alone, and why shutdowns often turn on a handful of senators. Budget reconciliation, which needs only a simple majority, is for mandatory spending and revenue changes. It does not replace annual discretionary appropriations.

Will the US Government Shut Down on December 12, 2026 What Happens to Federal Pay, Social Security, TSA, Veterans and Courts If Congress and President Trump Cannot Agree

What Happens to Federal Employees During a Shutdown?

Federal employees fall into three main groups.

Excepted employees perform work the law allows to continue during a lapse, such as work to protect human life or property, national security, law enforcement and air traffic safety. They must keep working, and their pay is delayed until funding is restored.

Furloughed employees are ordered not to work. They cannot volunteer, because of 31 U.S.C. § 1342.

Exempt employees are paid from other funding sources that remain available, such as fees, permanent appropriations or multi-year funds, and continue normally.

Will Federal Employees Get Back Pay?

Yes. Under the Government Employee Fair Treatment Act of 2019, furloughed and excepted employees are entitled to retroactive pay once the lapse ends. Excepted employees are generally to be paid on the next regular payday after the lapse ends, and furloughed employees as soon as practicable. Back pay does not arrive during the shutdown, so many workers miss paychecks in the meantime.

Military pay is a separate issue. It depends on the funding available and on whether Congress passes specific legislation to protect it. Military families should not assume pay continues automatically through a long lapse.

Members of Congress continue to be paid during a shutdown because their salaries are paid from a permanent appropriation.

Will Government Contractors Receive Back Pay?

Not automatically. The 2019 back-pay law covers federal employees, not contractors.

What happens to a contractor depends on the contract and the funding behind it:

  • Contracts funded with prior-year or multi-year money may continue.
  • Others may be suspended through a stop-work order (FAR 52.242-15) or limited by the availability-of-funds clause (FAR 52.232-18).
  • Even when work continues, invoice approval can be delayed if the officials who approve payments are furloughed.
  • Employers may reassign, furlough or lay off contract workers. There is no universal federal promise of back pay.

Contractors can sometimes seek an equitable adjustment for costs caused by government-directed work stoppages, but this is not guaranteed and depends on the contract terms.

Will Social Security and SSI Checks Stop in a Government Shutdown?

No. A lapse in annual appropriations does not automatically stop Social Security retirement, survivor or disability payments, or SSI. Social Security benefits are paid from trust funds under permanent legal authority, and SSI is funded through a mandatory mechanism that generally continues.

What can change is service. In past shutdowns the Social Security Administration has kept benefit payments going while reducing some services such as record corrections, certain verification work and in-person assistance. Phone waits can increase.

Recipients should check ssa.gov for any updated shutdown notices instead of relying on social media.

Will Medicare and Medicaid Stop in a Shutdown?

Not automatically. Medicare’s core benefits are funded through trust funds and permanent authority, so claims payments generally continue. Some administrative work, such as certain oversight, surveys and inspections, can be delayed.

Medicaid is a federal-state program funded through mandatory appropriations, and the effect of a lapse depends on available funding and how long it lasts. Continuing resolutions often include language that allows certain mandatory payments to continue for a limited period. Check the text of any new CR and the Department of Health and Human Services and CMS contingency plans.

Will SNAP and WIC Benefits Be Affected?

This is the area where families should be most careful about assumptions.

SNAP is a mandatory program funded through annual appropriations legislation, and WIC is funded through discretionary appropriations. Their treatment during a lapse depends on what Congress puts in the funding law and on available contingency funds. During the 2025 government-wide shutdown, SNAP payments became the subject of political and court disputes, which shows that benefits cannot be taken for granted in a long lapse.

If a shutdown starts, check USDA and your state agency for official benefit announcements. Do not rely on rumors that benefits will either stop immediately or continue forever.

Will Veterans’ Benefits and VA Medical Care Continue?

The VA has an unusual advantage: medical care is funded one year in advance through advance appropriations, so VA hospitals and clinics generally stay open in a shutdown. Disability compensation and pension payments, which are mandatory benefits, generally continue to be paid.

Some support services, such as certain regional office functions, outreach and transition programs, can be reduced or suspended. Check VA.gov and the VA’s shutdown contingency plan for the current year.

Will the Military, TSA and Air Traffic Controllers Keep Working?

Active-duty military personnel, TSA officers and air traffic controllers are generally treated as excepted and continue working. Continuing to work does not mean being paid on time.

TSA: TSA is funded in the Department of Homeland Security appropriations bill. In the 2026 DHS shutdown, which lasted 76 days from February 14 to April 30, 2026, TSA officers worked without regular pay. The Associated Press reported, citing Airlines for America, that more than 1,000 TSA officers resigned during that shutdown.

Air traffic control: The FAA is generally funded through the Transportation-HUD appropriations bill. A partial shutdown that affects DHS but not Transportation would affect airports differently from a government-wide lapse.

Airlines and airports: Airlines are private businesses and continue to operate. The risk is longer security lines, staffing shortages and flight disruptions if essential federal workers miss pay.

Will the U.S. Postal Service Stop Delivering Mail?

No. The USPS is an independent establishment funded mainly by postage and fees, not by annual appropriations. Post offices stay open and mail delivery continues.

Will National Parks, Museums and Passport Offices Close?

National parks and federal museums: Most park operations depend on annual appropriations. In past shutdowns the Department of the Interior closed visitor centers, furloughed rangers and reduced services, while some outdoor sites remained accessible and emergency and law-enforcement functions continued. The Smithsonian and other federal institutions can also reduce operations. Check each site’s official page before traveling.

Passports and visas: Many State Department consular services are funded by fees and can continue, but staffing and processing can vary by office. Check the State Department website before making travel plans.

Will the IRS Keep Processing Tax Returns and Refunds?

A shutdown does not extend tax deadlines. Taxpayers must continue to file and pay on time unless the IRS announces otherwise. In past lapses the IRS has continued some operations using prior-year funds, but it has also reduced services. Check IRS.gov for the current contingency plan.

What Happens to Federal Courts and Pending Lawsuits in a Shutdown?

Federal courts do not close automatically. The judiciary can use court fees and other balances to stay open for a limited time. If a lapse lasts, the courts move to limited operations covering constitutionally required and legally excepted work, and some court staff can be furloughed. During the 2025 shutdown, the judiciary operated for a limited period using available funds before shifting to reduced operations.

Do not assume a filing deadline or hearing date has been suspended. Deadlines stay in force unless the court or the rules change them. Litigants and attorneys should check the court’s official notices and orders. Civil cases involving the federal government can be delayed, because Department of Justice attorneys can seek stays when their funding lapses.

Can President Trump Keep the Government Open Without Congress?

No, not for activities that lack funding. The Appropriations Clause and the Antideficiency Act mean the executive branch cannot spend or obligate money without an appropriation or another legal authority.

The administration can keep some activities going if funding exists in:

  • Multi-year or no-year appropriations carried over from earlier years.
  • Permanent appropriations.
  • Authorized fee accounts.
  • Statutory exceptions for protecting life and property.

An announcement or executive order does not create spending authority. A declared national emergency also does not give the president unlimited power to spend unappropriated funds. The administration must point to a specific legal source.

This is not a theoretical limit. During the 2026 DHS shutdown, the administration used emergency funds to pay TSA personnel for a time, and reports said those funds were later nearly exhausted. Such workarounds are temporary and legally contested.

How Can Congress Avoid a Shutdown Before December 11?

OptionHow it works
Full-year appropriationsCongress passes all 12 fiscal year 2027 appropriations bills and the President signs them
Another continuing resolutionCongress extends current funding into 2027 (for example to January, February or March), giving the new Congress time
Minibus or omnibus packageSeveral or all appropriations bills are combined into one larger bill
Mixed approachSome bills become full-year laws, and a short CR covers the rest

Any option needs the same text to pass the House and the Senate (60 votes in the Senate for most bills) and be signed by the president, or pass over a veto with two-thirds of both chambers. The earlier CR passed the Senate 90–6, which shows that a clean extension can attract broad support when both sides want to avoid a shutdown.

How Do the 2026 Midterm Elections Affect the December Shutdown Deadline?

The newly elected Congress does not take office until noon on January 3, 2027, under Section 1 of the 20th Amendment. The current 119th Congress, with its current party control, must deal with the December 11 deadline.

That means:

  • A Democratic win in the House, Senate or both cannot change who controls Congress before December 11. The political incentives can change, though, because the outgoing majority and the incoming majority know who will hold power in January.
  • If the outgoing Congress passes a short CR into 2027, the new Congress will inherit the full-year spending fight.
  • If a shutdown starts and continues into January, the 120th Congress would have to resolve it after taking office.

For how a change in House or Senate control would affect oversight, nominations, impeachment and spending, read What Happens If Democrats Win the House, the Senate or Both in the 2026 Midterms? Impeachment, Investigations, Nominations and the Legal Powers of Congress Over President Trump.

What Happened in Earlier Government Shutdowns?

Funding lapseDatesNotes
Government-wide shutdownOctober 1 – November 12, 2025Lasted 43 days and ended when the President signed Public Law 119-37
Brief lapseJanuary 31 – February 3, 2026Ended with enactment of the Consolidated Appropriations Act, 2026 (Public Law 119-75)
Department of Homeland Security partial shutdownFebruary 14 – April 30, 2026Lasted 76 days, reported as the longest shutdown of any kind in U.S. history; ended when the President signed a bill funding most of DHS through September 30, 2026, while ICE and CBP were handled separately

These events show that a lapse can last far longer than a few days, and that a lapse affecting one department can still disrupt airports, disaster response and other services.

What Should Americans Do Before December 12?

There is no need to panic, but some groups should prepare.

  • Federal employees: read your agency’s contingency plan and ask your supervisor whether your position is excepted, exempt or subject to furlough. Consider how a missed paycheck would affect your bills.
  • Federal contractors: review your contract for stop-work, funding and payment clauses, and watch for notices from your contracting officer.
  • Social Security and SSI recipients: keep your direct deposit information current and check ssa.gov for official notices.
  • Veterans: check VA.gov and your local facility for changes.
  • Families using SNAP or WIC: watch USDA and state announcements.
  • Travelers: monitor TSA and FAA updates and allow extra time at airports if a lapse begins.
  • People with federal court cases: continue to meet deadlines.
  • Passport applicants: check the State Department website.

For general guidance, see USA.gov’s government shutdown page.

Frequently Asked Questions About the December 12, 2026 Government Shutdown

Will the US government shut down on December 12, 2026?

It could, but it has not been confirmed. Current funding expires December 11, 2026, and a lapse would start on December 12 if Congress and the President do not enact new funding by then.

Is the government shut down right now?

No. The government is funded under Public Law 119-103 through December 11, 2026.

What time would a shutdown begin?

The funding law runs through December 11. A lapse would begin at 12:01 a.m. on Saturday, December 12, 2026.

What is Public Law 119-103?

It is the Continuing Appropriations and Extensions Act, 2027 (H.R. 6500), signed on September 2, 2026. It funds most federal agencies at roughly fiscal year 2026 levels through December 11, 2026.

What does Congress have to pass to avoid a shutdown?

Full-year appropriations bills, a package combining several bills, or another continuing resolution, each signed by the President or passed over a veto.

How many votes does a funding bill need in the Senate?

Normally 60 votes to end debate under Senate Rule XXII. The earlier CR passed the Senate 90–6.

Can President Trump keep the government open without Congress?

No. The Appropriations Clause and the Antideficiency Act (31 U.S.C. § 1341) restrict spending without appropriations. He can use funding that is legally available, but he cannot create new spending authority by announcement.

Will federal employees get paid during a shutdown?

Not during the lapse. Excepted employees work without pay until funding is restored, and furloughed employees do not work. Both groups are entitled to back pay under the Government Employee Fair Treatment Act of 2019.

Will federal contractors get back pay?

Not automatically. The back-pay law covers federal employees. Contractor pay depends on the contract and funding.

Will Social Security checks stop?

No. Social Security and SSI payments continue during a shutdown, although some services can be reduced.

Will Medicare and Medicaid stop?

Not automatically. Medicare benefits continue, and Medicaid depends on available mandatory funding and any provisions in the funding law. Some administrative work can be delayed.

Will SNAP and WIC stop?

It depends on the funding law and how long a lapse lasts. Check USDA and state announcements. Benefits became a legal dispute in the 2025 shutdown, so do not assume either outcome.

Will VA benefits and medical care continue?

VA medical care is funded in advance and generally continues. Disability and pension payments generally continue. Some support services may be reduced.

Will TSA and air traffic controllers keep working?

Yes, they are generally excepted, but they may work without regular pay, which can cause staffing shortages and delays.

Will the Postal Service stop?

No. USPS is funded by its own revenue.

Will national parks close?

Many parks close or reduce services, while emergency and law-enforcement functions continue.

Will federal courts close?

Not automatically. Courts can stay open for a limited time using fees and balances, then move to limited operations. Deadlines stay in force unless the court says otherwise.

Will the IRS extend tax deadlines?

No. Deadlines are not extended by a shutdown unless the IRS announces it.

Can a shutdown continue into January 2027?

Yes. If a lapse lasts, the new 120th Congress would inherit it when it takes office on January 3, 2027.

How long can a shutdown last?

There is no legal limit. A 43-day government-wide shutdown ended on November 12, 2025, and a 76-day DHS shutdown ended on April 30, 2026.

Do midterm election results change the December 11 deadline?

No. The new Congress does not take office until January 3, 2027, so the current Congress faces the deadline first.

Final Takeaway: December 12 Is a Real Deadline, but a Shutdown Is Not Certain

Federal funding under Public Law 119-103 expires on December 11, 2026. If Congress and President Trump do not enact new funding or another extension by then, a funding lapse would begin on December 12. Whether it is government-wide or partial, and how long it lasts, depends on Congress.

Social Security, core Medicare operations, VA medical care, postal service and many safety-related functions continue in a lapse. Federal pay, airport staffing, parks, court administration, grants and contractor payments are more exposed. Federal employees are protected by back-pay law, but contractors are not.

For now, December 12 is a possible shutdown date, not a confirmed closure. Check official agency sources and Congress.gov for the latest developments.

Sources and Legal Authorities

Funding law and congressional action

  1. H.R. 6500, Continuing Appropriations and Extensions Act, 2027 (Public Law 119-103), Congress.gov
  2. Office of Management and Budget: Statement of Administration Policy on the Senate Amendment to H.R. 6500, August 3, 2026
  3. ASTHO: Summary of FY27 Continuing Resolution, September 2, 2026
  4. National Law Review: Continuing Resolution Extends EPA’s TSCA Fee Authority

Shutdown law and employee protections

  1. U.S. Constitution, National Archives (Article I, Section 9, Clause 7)
  2. GAO: Lapses in Appropriations
  3. Government Employee Fair Treatment Act of 2019, Public Law 116-1, GovInfo
  4. Office of Personnel Management: Furlough Guidance
  5. USA.gov: Government Shutdown Information
  6. National Archives: 20th Amendment

Earlier shutdowns

  1. Washington Examiner: Trump signs DHS funding bill, April 30, 2026
  2. NPR / NHPR: Congress ends record shutdown at the Department of Homeland Security, April 30, 2026

Statutes and regulations cited

31 U.S.C. §§ 1341, 1342, 1350, 1351 (Antideficiency Act); 5 U.S.C. §§ 8501–8508 (UCFE); Public Law 116-1 (Government Employee Fair Treatment Act of 2019); OMB Circular A-11, Section 124; FAR 52.242-15 and 52.232-18; Senate Rule XXII; U.S. Const. art. I, § 9, cl. 7; U.S. Const. amend. XX, § 1.

This article is general legal information, not legal or financial advice. AllAboutLawyer.com is an independent information website, not a law firm.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the text and legislative record of H.R. 6500 (Public Law 119-103), the Office of Management and Budget, the U.S. Constitution (National Archives), GAO, GovInfo and USA.gov, as of November 4, 2026. Last Updated: November 4, 2026.

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.

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