White House cites 2019 GEFTA amendment, emails to argue furloughed back pay isn’t automatic
The White House is citing a 2019 amendment to the Government Employee Fair Treatment Act and contemporaneous OMB emails to argue that back pay for furloughed federal workers isn’t automatic, noting a Jan. 25, 2019 joint-resolution change that compensation is “subject to the enactment of appropriations Acts” and that S.24 did not create an entitlement. OMB General Counsel Mark Paoletta briefed Republican staffers on a draft memo reflecting that view, which Sen. Tim Kaine rejects, saying Congress intended to guarantee back pay and threatening legal action.
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Economy
📌 Key Facts
- Axios reviewed 2019 emails between OMB and congressional budget staff showing OMB argued S.24 (the GEFTA) did not create an entitlement and that payment to furloughed workers should be contingent on future appropriations.
- The White House/OMB points to language added nine days after GEFTA’s passage — 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 about a draft OMB memo and discussed the 2019 email correspondence that underpins OMB’s legal view.
- Sen. Tim Kaine publicly disputes OMB’s interpretation, saying Congress intended to guarantee back pay for furloughed workers and threatening legal action.
- The central dispute is whether GEFTA and the subsequent joint resolution language guarantee automatic back pay to furloughed federal workers, or instead leave payment dependent on later appropriations.
📚 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 (2)
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.