White House cites 2019 GEFTA amendment, emails to argue furloughed back pay isn’t automatic
The White House and OMB are leaning on 2019 email exchanges and a Jan. 25, 2019 amendment to the GEFTA joint resolution — which added language that furloughed workers be paid “subject to the enactment of appropriations Acts” — to argue that back pay for furloughed federal employees is not an automatic entitlement and would depend on future appropriations; OMB General Counsel Mark Paoletta recently briefed Republican staffers on a draft memo outlining that legal view. Democrats push back — Sen. Tim Kaine says Congress intended to guarantee back pay and has threatened legal action — while GOP senators and allies of former OMB official Russ Vought publicly back the administration’s hardline shutdown strategy.
Politics
Economy
📌 Key Facts
- Axios reviewed 2019 emails in which OMB argued that S.24 (the GEFTA amendment) did not create an entitlement and that payment to furloughed workers should be contingent on future appropriations.
- The White House points to a Jan. 25, 2019 change in the joint resolution ending that shutdown adding language that furloughed workers “shall be compensated ‘subject to the enactment of appropriations Acts.’”
- A new draft OMB memo circulated at the White House this week—which OMB General Counsel Mark Paoletta briefed Republican congressional staffers on—relies on those 2019 emails and argues furloughed employees would not automatically receive back pay.
- Sen. Tim Kaine publicly disputes OMB’s interpretation, saying Congress intended to guarantee back pay and threatening legal action.
- GOP senators say the administration’s emphasis on withheld back pay is intended to increase pressure on Democrats to return to negotiations.
📚 Contextual Background
- Furloughed federal employees typically return to work and receive back pay once Congress resolves a government shutdown.
- A continuing resolution (CR) is a short-term funding measure used to keep the federal government open temporarily while Congress completes the appropriations process.
📰 Sources (3)
GOP senators back Russ Vought's hardball shutdown strategy as standoff intensifies
New information:
- Confirms a new memo circulated at the White House this week suggesting furloughed employees would not get back pay.
- Includes GOP senators’ comments indicating the administration’s approach is intended to pressure Democrats back to the table.
2019 emails boost White House's view that furloughed workers aren't guaranteed back pay
New information:
- Axios reviewed 2019 emails between OMB and congressional budget staff showing OMB argued at the time that S.24 (GEFTA) did not create an entitlement and that payment to furloughed workers should be contingent on future appropriations.
- The White House points to a change made nine days after GEFTA’s passage: language in the Jan. 25, 2019 joint resolution ending the shutdown stating furloughed workers shall be compensated 'subject to the enactment of appropriations Acts.'
- OMB General Counsel Mark Paoletta briefed Republican congressional staffers on Tuesday about a draft OMB memo and discussed the 2019 email correspondence underpinning OMB’s legal view.
- Sen. Tim Kaine publicly disputes OMB’s interpretation, saying Congress intended to guarantee back pay and threatening legal action.