FTC and DOJ Outline Plans for Government Shutdown | Practical Law

FTC and DOJ Outline Plans for Government Shutdown | Practical Law

The FTC and DOJ offered details of their plans for the government shutdown.

FTC and DOJ Outline Plans for Government Shutdown

Practical Law Legal Update 9-543-8505 (Approx. 2 pages)

FTC and DOJ Outline Plans for Government Shutdown

by Practical Law Antitrust
Published on 01 Oct 2013 • USA (National/Federal)
The FTC and DOJ offered details of their plans for the government shutdown.
On September 30, 2013, the FTC and DOJ separately published their plans for a possible government shutdown, and enacted those plans on October 1, 2013. When a shutdown occurs, Federal agencies must not incur any expenses that cannot be paid for from prior appropriations, unless authorized by law. Therefore, any non-essential employee will be furloughed. The agencies estimate that it will take one half-day to enact the furlough, including:
  • Notifying furloughed employees.
  • Notifying courts and involved parties of the furlough and negotiating suspensions of certain agency matters.
  • Securing any files containing confidential or proprietary information.
  • Cancelling meetings, workshops and hearings.
Employees exempted from furlough include those necessary to:
  • At the FTC and DOJ, conduct civil enforcement actions that were not extended or stayed, if suspending pursuit of the action would result in significant risk of harm to life or property.
  • At the DOJ:
    • conduct or support ongoing criminal trials and prepare for scheduled criminal proceedings; and
    • prepare cases to be filed before HSR or statute of limitations deadlines, if an extension or waiver is not obtained and failure to object would reasonably lead to harm to property.
  • Provide security for office personnel, property and data.
Of the 619 DOJ Antitrust Division Employees, approximately 227 are excepted from furlough.
Of the 285 FTC Bureau of Competition employees, the FTC estimates that approximately 82 employees are excepted from furlough. To account for the lost resources, the FTC has:
  • Coordinated with the DOJ to handle HSR filings, including retaining a limited number of HSR staff.
  • Pledged to continue to investigate and challenge any reported mergers or acquisitions that if consummated would substantially impair the FTC's ability to seek relief at a later time.
  • Suspended non-merger investigations.
  • Pledged to seek suspended trial dates, hearings and filings for litigated matters in which preliminary relief has been obtained or where there is no plan to seek preliminary relief.
As Presidential appointees, the FTC Commissioners and the DOJ Assistant Attorney General are not subject to furlough.