Reply to OMB trying to change guidance to no back pay

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]work = pay
[/quote]

That's not what the law says. The law says "each employee of the United States Government or of a District of Columbia public employer furloughed as a result of
a covered lapse in appropriations shall be paid for the period of the lapse in appropriations"[/quote]

Actually, I believe it says "each employee of the United States Government or of a District of Columbia public employer furloughed as a result of
a covered lapse in appropriations shall be paid for the period of the lapse in appropriations [b]regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse."[/b]. The phrase "subject to the enactment...ending the lapse" would leave room for a bill that said no pay for feds.[/quote]

There has always been room to change the law, including through the CR or appropriations. But barring such a change, it the government is obligated to provide back pay.[/quote]

Not according to the text the PP provided.  Any requirement to provide back pay is subject to back pay being provided for in the relevant appropriations bill.  If there isn't a provision re back pay in the bill, there is no requirement.  [/quote]

Read the language again. Yes, it is subject to the appropriations. Once the appropriations are enacted, the government is obligated to provide back pay.

There's no legitimate controversy here. The language is clear. The legislative intent is clear. And there's been a consistent and common understanding of the language through the initial Trump administration, the Biden administration, and the first part of the second Trump administration.

Even Vought knows this isn't going to work. But it is a way to play to Trump's poorly educated base.[/quote]

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